How Appealing

Wednesday, April 30, 2014

"Florida legislature forbids use of foreign law in state court": Reuters has a report that begins, "Florida legislators voted to forbid use of foreign law in state courts on Wednesday, despite arguments that the measure was a cheap shot intended to insult Muslims."
Posted at 09:56 PM by Howard Bashman


"Supreme Court dilemma: Is a smartphone a home away from home?" Michael P. McGough has this essay online today at The Los Angeles Times.
Posted at 09:32 PM by Howard Bashman


"EPA's Supreme Court win a boost for pending carbon rules": Valerie Volcovici of Reuters has a report that begins, "A Supreme Court decision on Tuesday upholding U.S. rules that curb air pollution that floats across state lines was seen as a boost for the Environmental Protection Agency's upcoming plan to crack down on carbon emissions from power plants."
Posted at 09:28 PM by Howard Bashman


"Arguments in the tour guide free speech lawsuit against New Orleans unfolded in appeals court on Wednesday": The Times-Picayune of New Orleans has this report on an appeal argued today before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.

You can access the audio of today's oral argument in Kagan v. City of New Orleans via this link (30.5 MB mp3 audio file). Although the Fifth Circuit has its headquarters in New Orleans, this case was argued today in Houston.
Posted at 09:18 PM by Howard Bashman



"Microscope and Telescope": Linda Greenhouse has this essay online at The New York Times.
Posted at 08:56 PM by Howard Bashman


"Limelight Patent Case Mires U.S. High Court in Procedure": Greg Stohr of Bloomberg News has this report.

Lawrence Hurley of Reuters reports that "U.S. high court conflicted over Limelight Networks patent fight."

In Thursday's edition of The Wall Street Journal, Brent Kendall will have an article headlined "Akamai-Limelight Patent Case Goes Before Top Court; Justices Consider Whether to Make It Easier to Hold Companies Liable for Encouraging Infringement by Others." You can freely access the full text of the article via Google.

At "Patently-O," Dennis Crouch has a post titled "Supreme Court Takes-On Question of Joint Infringement."

Online at Bloomberg View, law professor Noah Feldman has an essay titled "When Can You Steal an Idea?"

And earlier, today's edition of The Boston Globe contains an article headlined "Akamai patent case before Supreme Court."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Limelight Networks, Inc. v. Akamai Technologies, Inc., No. 12-786.
Posted at 07:48 PM by Howard Bashman



"When the Death Penalty Turns Into Torture: Oklahoma's botched execution was the grim but predictable result of a state more concerned with vengeance than justice." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 07:35 PM by Howard Bashman


"Botched execution offers new evidence to attorneys": The Associated Press has this report.
Posted at 06:18 PM by Howard Bashman


"Divided Pa. Supreme Court OKs warrantless searches of cars": Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this report.

Yesterday's ruling of the Supreme Court of Pennsylvania consisted of an opinion announcing the judgment of the court, a concurring opinion, and a dissenting opinion.
Posted at 06:14 PM by Howard Bashman



"Scalia gets his facts wrong in EPA dissent": Mark Sherman of The Associated Press has this report.
Posted at 05:42 PM by Howard Bashman


"A History of Supreme Court Snark: Roberts and Sotomayor sniped at each other last week, but earlier Courts saw far worse." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 05:20 PM by Howard Bashman


"How Oklahoma Botched an Execution: Clayton Lockett's lethal injection suffered a problem more fundamental than the drugs." Ben Crair has this essay online today at The New Republic.
Posted at 11:04 AM by Howard Bashman


"A 'view' from the Court: The Ginsburg-Scalia show." Mark Walsh has this post today at "SCOTUSblog."
Posted at 11:02 AM by Howard Bashman


"Former Justice Stevens: Campaign cash isn't speech." The Associated Press has this report.

Update: C-SPAN has posted online a video titled "Justice Stevens Senate Testimony."
Posted at 11:00 AM by Howard Bashman



"New suit targets Ohio gay marriage ban; A group of gay and lesbian couples in Ohio hope to make the state the next where a ban on same-sex marriage is found unconstitutional": The Cincinnati Enquirer has this report.
Posted at 10:32 AM by Howard Bashman


"Exorcising the voter fraud ghost": Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online today at Reuters.
Posted at 10:30 AM by Howard Bashman


"How Oklahoma's Botched Execution Affects the Death-Penalty Debate: State officials used untested drugs from a secret source to end the life of Clayton Lockett, who took more than 45 minutes to die." Andrew Cohen has this essay online today at The Atlantic.
Posted at 10:22 AM by Howard Bashman


"Federal appeals court upholds mandatory retirement age of 70 for Pennsylvania judges": The Associated Press has this report on a non-precedential ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued yesterday. It is interesting to note that the Third Circuit panel had not even requested oral argument of the appeal.
Posted at 09:02 AM by Howard Bashman


"Our Cellphones Are Us: The Supreme Court tries to reconcile the Fourth Amendment with the realities of our tech age." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 08:55 AM by Howard Bashman


"Republican group will focus on judicial races": Reid Wilson has this entry at the "GovBeat" blog of The Washington Post.
Posted at 08:52 AM by Howard Bashman


"To Kill? Or Not to Kill? As executions decline in Texas, a small-town prosecutor decides whether to seek the death penalty." Maurice Chammah has this lengthy article online at The Texas Observer.
Posted at 08:50 AM by Howard Bashman


"Eyewitness account: A minute-by-minute look at what happened during Clayton Lockett's execution." Ziva Branstetter of The Tulsa World has this report, along with an article headlined "Execution botched before inmate dies of heart attack; second execution postponed."

And today's edition of The Oklahoman contains a front page article headlined "Botched lethal injection prompts closer look; Oklahoma Corrections Department officials stopped the execution of Clayton Derrell Lockett just before 6:30 p.m. Tuesday after a botched lethal injection that caused Lockett's body to violently convulse on the table; He died of a heart attack about 40 minutes later."
Posted at 08:46 AM by Howard Bashman



"Where Yinz At: Why Pennsylvania is the most linguistically rich state in the country." Matthew J.X. Malady has this essay online at Slate.
Posted at 08:35 AM by Howard Bashman


"Nagging [federal district] judges to act on motions under advisement is not essential to preserving one's rights." So observes Circuit Judge Frank H. Easterbrook in an opinion that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.
Posted at 08:30 AM by Howard Bashman


Tuesday, April 29, 2014

"9th Circuit Finds Flaws in Robbery Conviction": Courthouse News Service has this report on a 6-to-5 en banc ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 09:40 PM by Howard Bashman


"Prisoner suing for conjugal visits with his wives; Pa. court says corrections officials must provide more evidence to justify policy against conjugal visits": Peter Hall will have this article in Wednesday's edition of The Morning Call of Allentown, Pennsylvania.

You can access today's ruling of a unanimous three-judge panel of the Commonwealth Court of Pennsylvania at this link.
Posted at 09:27 PM by Howard Bashman



"Inmate dies after botched execution; second execution stayed; According to a Corrections Department spokesman, all three drugs had been administered, but they did not have the desired effect": The Oklahoman has a news update that begins, "State Corrections Department officials stopped the execution of an inmate Tuesday after a botched lethal injection. Corrections Department Director Robert Patton later addressed members of the media, and announced after a blown vein, Lockett suffered a heart attack at 7:06 p.m., and was declared dead."

The Tulsa World has a news update headlined "Execution botched before inmate dies of heart attack; second execution postponed" that begins, "The execution of convicted killer Clayton Lockett was botched tonight at the Oklahoma State Penitentiary before he died of a massive heart attack. The event prompted officials to postpone a second execution scheduled for two hours later."

Erik Eckholm of The New York Times has a news update headlined "Oklahoma Stays Second Execution After First Is Botched."

And The Associated Press reports that "Man dies of heart attack after botched execution."
Posted at 08:50 PM by Howard Bashman



"Why can't SCOTUSblog get a credential? It's surprisingly hard to find out -- and the journalists making the rules are as open as Chick-fil-A on Sunday." Jonathan Peters has this lengthy post today at the "Behind the News" blog of Columbia Journalism Review.

On a related note, this blog's helpful "Chick-fil-A" pronunciation guide can be accessed here (hint: it rhymes with "Sunday").
Posted at 05:42 PM by Howard Bashman



"Strange benchfellows, Ginsburg and Scalia star in U.S. courtroom drama": Joan Biskupic of Reuters has this report.
Posted at 05:37 PM by Howard Bashman


"Oklahoma Set for Double Execution Amid Storm Over Lethal-Drug Secrecy": Erik Eckholm of The New York Times has this news update.
Posted at 03:40 PM by Howard Bashman


"Ex-Supreme Court Justice Hathaway won't see early release from prison": The Detroit News has an update that begins, "Former state Supreme Court Justice Diane Hathaway lost her bid Tuesday to pop out of 'Camp Cupcake' early."
Posted at 03:24 PM by Howard Bashman


"In 9-0 vote, Supreme Court makes it easier to get fees in patent cases; Top patent court almost never makes bad actors pay; Supremes see it differently": Joe Mullin of Ars Technica has this report.

And Diane Bartz of Reuters reports that "U.S. high court takes up case involving ambiguous patents."
Posted at 03:15 PM by Howard Bashman



"Justices Seem Torn on Cellphone Warrants": Adam Liptak will have this article in Wednesday's edition of The New York Times.

David G. Savage of The Los Angeles Times has a news update headlined "Justices split on whether police can search cellphones during arrests."

Richard Wolf of USA Today reports that "Justices search for compromise on cellphone privacy."

Jess Bravin of The Wall Street Journal has a news update headlined "Supreme Court Is Wary of Warrantless Cellphone Searches." You can freely access the full text of the article via Google.

Josh Gerstein and Tal Kopan of Politico.com report that "Justices appear open to limits on cellphone searches."

Bill Mears of CNN.com reports that "Court seemingly at odds over cell phones and searches."

And at "The Volokh Conspiracy," Orin Kerr has a post titled "Initial impressions from the oral argument in the Supreme Court cell phone search cases."
Posted at 03:04 PM by Howard Bashman



"Justices consider no-warrant cellphone searches": Mark Sherman of The Associated Press has this report.

Greg Stohr of Bloomberg News reports that "Police Phone Searches Draw Privacy Concerns at High Court."

Lawrence Hurley of Reuters reports that "U.S. justices weigh limits to police cell phone searches."

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Justices Skeptical of Broad Power to Search Phones."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: Limiting a search? Sure, but how?"

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Riley v. California, No. 13-132. And you can access at this link the transcript of today's oral argument in United States v. Wurie, No. 13-212.
Posted at 01:38 PM by Howard Bashman



In today's mail: I received a copy of William Domnarski's new book, "Swimming in Deep Water: Lawyers, Judges, and Our Troubled Legal Profession."

At his "Hercules and the Umpire" blog, Senior U.S. District Judge Richard G. Kopf recently had a post about the book titled "A beautiful book for the briefcase."

And the "Legal Writing Prof Blog" earlier this month had a post titled "A new book raises provocative points about legal writing."
Posted at 12:21 PM by Howard Bashman



"Supreme Court Revives EPA Rule on Air Pollution Across State Lines; Court's 6-2 Ruling Is Victory for Obama Administration; 28 States Will Have to Reduce Power-Plant Emissions": Brent Kendall of The Wall Street Journal has this news update.
Posted at 12:12 PM by Howard Bashman


"Michelle Friedland of S.F. confirmed for 9th Circuit Court": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 12:10 PM by Howard Bashman


In the May 2014 issue of ABA Journal magazine: Mark Walsh has an article headlined "Experts sound off once again on Justice Thomas' silence."

Lorelei Laird has an article headlined "Courts are hearing new challenges to tax exemptions for religion."

Kristin Choo has an article headlined "Gun control advocates search for policies which pass 2nd Amendment muster."

And this month's installment of Bryan A. Garner's "On Words" column is headlined "The tortuous tale behind the 10th edition of the most widely cited lawbook in the world."
Posted at 11:33 AM by Howard Bashman



"Chief Justice Roberts, Meet Bundy and Sterling": Jeffrey Toobin has this blog post online today at The New Yorker.
Posted at 11:22 AM by Howard Bashman


"At least 4 percent of those sent to death row in US are innocent, researchers say; The 4 percent figure is a conservative estimate, the researchers say in a study published Monday; Some of the innocent on death row are exonerated and freed, but not all, the study says": The Christian Science Monitor has this article reporting on a study that the scientific journal Proceedings of the National Academy of Sciences posted online yesterday.
Posted at 11:14 AM by Howard Bashman


"Justice Ginsburg on the Supreme Court and societal change": This post appears today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:38 AM by Howard Bashman


"Oklahoma's rare double execution drawing global media interest": This front page article appears in today's edition of The Tulsa World.

The Oklahoman reports that "Oklahoma's first double-execution since 1937 set for Tuesday night; Executions are planned for 6 and 8 p.m. at the State Penitentiary in McAlester; Inmates Clayton Derrell Lockett and Charles Frederick Warner are set to be executed."

Reuters reports that "Oklahoma to execute two convicts after ending court case on drugs."

And online at The Week, Andrew Cohen has an essay titled "Oklahoma just neutered its state Supreme Court: Goodbye, judicial independence."
Posted at 10:30 AM by Howard Bashman



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

1. Justice Sonia Sotomayor delivered the opinion of the Court in Octane Fitness, LLC v. Icon Health & Fitness, Inc., No. 12-1184. All other Justices joined in the opinion in full, except for Justice Antonin Scalia, who did not join in three footnotes. You can access the oral argument via this link.

2. Justice Sotomayor also delivered the opinion for a unanimous Court in Highmark, Inc. v. Allcare Health Management System, Inc., No. 12-1163. You can access the oral argument via this link.

3. And Justice Ruth Bader Ginsburg delivered the opinion of the Court in EPA v. EME Homer City Generation, L.P., No. 12-1182. Justice Antonin Scalia issued a dissenting opinion, in which Justice Clarence Thomas joined. And Justice Samuel A. Alito, Jr. did not participate in the decision. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Court revives EPA rule on cross-state pollution."

Lawrence Hurley of Reuters reports that "Supreme Court upholds air pollution regulation."

Greg Stohr of Bloomberg News reports that "Obama Power-Plant Pollution Rule Upheld by Top U.S. Court."

Richard Wolf of USA Today has an article headlined "Justices: Midwest states must slash wind-blown pollution; Decision by Supreme Court is a major boon to the Obama administration's effort to control air pollution that travels across state lines."

And at Politico.com, Alex Guillen reports that "Supreme Court upholds EPA air pollution rule."
Posted at 10:06 AM by Howard Bashman



"In cell phone cases, U.S. top court to take up digital privacy": Lawrence Hurley of Reuters has this report.

In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Supreme Court to Weigh Cellphone Searches; Justices to Consider Whether Police Need Warrant to Search a Suspect's Phone." In addition, at WSJ.com's "Law Blog," Bravin has a post titled "California of Two Minds on Warrantless Searches of Cellphones."

Warren Richey of The Christian Science Monitor has an article headlined "When can cops search cellphones? Supreme Court to hear cases; The US Supreme Court will hear two cases Tuesday that deal with police searching an arrestee's cellphone without a warrant; Lower courts have disagreed on whether that is constitutional."

On today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment titled "Weighing The Risks Of Warrantless Phone Searches During Arrests."

And Tal Kopan of Politico.com has a blog post titled "Supreme Court to weigh cellphone searches."
Posted at 09:50 AM by Howard Bashman



Monday, April 28, 2014

"White House Steps Up Effort to Confirm Federal Judges": Jeremy W. Peters will have this article in Tuesday's edition of The New York Times.
Posted at 11:18 PM by Howard Bashman


"Justices Appear Willing to Give a Fired Public Worker Only Half a Victory": 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 "Fired public employee tells court his Constitutional rights were violated."

And Bill Mears of CNN.com reports that "Justices, in arguments, support man who says he was fired for exposing corruption."

Meanwhile, in related commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled "Why Does the Government Want Us to Lie in Court?"
Posted at 11:11 PM by Howard Bashman



"Supreme Court to decide if law forbidding destruction of financial records applies to fish": Robert Barnes will have this article in Tuesday's edition of The Washington Post.

In Tuesday's edition of The Wall Street Journal, Brent Kendall will have an article headlined "Prosecutors Used Sarbanes-Oxley to Hook a Fisherman; Convicted Angler Brings Case to Supreme Court, Saying the Law Doesn't Apply to Tossing Fish Overboard."

Richard Wolf of USA Today reports that "Supreme Court to hear case of undersized grouper."

Warren Richey of The Christian Science Monitor has an article headlined "When is a fish like an incriminating document? Supreme Court will decide; A missing box of undersized fish led to charges against a Florida fisherman under a federal anti-document shredding measure; Whether he was overcharged will be for the Supreme Court to say."

And Bill Mears of CNN.com reports that "Fisherman says feds went overboard in prosecution of illegal catch."

Last Thursday, John Yates -- the petitioner in this case -- wrote about the case for Politico Magazine in an article headlined "A Fish Story: I got busted for catching a few undersized grouper; You won't believe what happened next."
Posted at 10:50 PM by Howard Bashman



"How Washington's last remaining video rental store changed the course of privacy law": Andrea Peterson has this post today at "The Switch" blog of The Washington Post.

Josh Blackman had a related blog post yesterday titled "Robert Bork's Favorite Video Store (At Last) Closes Its Doors."
Posted at 09:50 PM by Howard Bashman



"Mississippi's Lone Abortion Clinic Fights To Remain Open": This audio segment appeared on today's broadcast of NPR's "Morning Edition" previewing a case argued today at the U.S. Court of Appeals for the Fifth Circuit.

The Fifth Circuit has posted online at this link (26.2 MB Windows Media audio file) the audio of today's oral argument.
Posted at 09:22 PM by Howard Bashman



"Court considers whistleblower free speech rights": The Associated Press has this report.

Mary Troyan of The Montgomery Advertiser has a news update headlined "Justices: Public employees' testimony merits protection."

At WSJ.com's "Law Blog," Jess Bravin has a post titled "Another Week, Another Rift Between Justices Sotomayor and Kennedy."

At the "School Law" blog of Education Week, Mark Walsh has a post titled "Supreme Court Weighs Case on Public-Employee Testimony."

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Justices Troubled By Their Earlier Ruling On Public Employee Speech Rights."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Lane v. Franks, No. 13-483.
Posted at 08:56 PM by Howard Bashman



"Michelle Friedland Confirmed to Ninth Circuit": At "The BLT: The Blog of Legal Times," Todd Ruger has this post.

In other coverage, Howard Mintz of The San Jose Mercury News has an update headlined "San Francisco lawyer moving to federal appeals court bench."

At her "Trial Insider" blog, Pamela A. MacLean has a post titled "Friedland Confirmation Gives Circuit Full House."

And the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued a news release headlined "Senate Confirms Michelle T. Friedland to Seat on Ninth Circuit Court of Appeals."

You can access the official U.S. Senate roll call vote tally at this link.
Posted at 08:45 PM by Howard Bashman



"U.S. court revives oil companies' lawsuit over WWII site cleanup": Jonathan Stempel of Reuters has this report.

My earlier coverage of today's Federal Circuit ruling appears at this link.
Posted at 08:32 PM by Howard Bashman



"Supreme Court to consider if 'anti-shredding law' applied to missing grouper": Jeremy P. Jacobs of Greenwire has this report.
Posted at 05:26 PM by Howard Bashman


"Justices to Weigh Fisherman's Conviction Under Federal Finance Law": Adam Liptak will have this article in Tuesday's edition of The New York Times.
Posted at 02:46 PM by Howard Bashman


In today's mail: Thanks to a fan of this blog at Simon & Schuster, three books of interest arrived in today's mail.

The first was the advanced uncorrected proofs of Bruce Allen Murphy's forthcoming book, "Scalia: A Court of One." The book is scheduled to go on sale June 10, 2014.

The second was Michael Waldman's "The Second Amendment: A Biography," which is scheduled to go on sale May 20, 2014.

And the third was soon-to-be released trade paperback edition of Marcia Coyle's "The Roberts Court: The Struggle for the Constitution." This edition, containing a new chapter titled "On with the Culture Wars," is scheduled to go on sale May 20, 2014.
Posted at 02:40 PM by Howard Bashman



"Court hears arguments on Mississippi abortion law": The Associated Press has this report on an appeal argued today at the U.S. Court of Appeals for the Fifth Circuit. I will link to the oral argument audio once the court posts it online.
Posted at 02:30 PM by Howard Bashman


"Can Cops Search Your Cell Phone Without a Warrant?" Ariane de Vogue has this post today at "The Note" blog of ABC News.
Posted at 02:26 PM by Howard Bashman


Shell Oil and other major petroleum companies win Federal Circuit appeal seeking indemnification from the federal government for World War II-related environmental liabilities: You can access today's ruing of a divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 11:14 AM by Howard Bashman


"Justices to rule on cellphone searches without warrants": Richard Wolf of USA Today has this report.
Posted at 10:42 AM by Howard Bashman


"Alabama 2-year college scandal case before Supreme Court": In today's edition of The Montgomery Advertiser, Mary Troyan has a front page article that begins, "The corruption scandal involving Alabama's two-year college system will be the backdrop for Supreme Court arguments today about whether testimony that a government employee gives in court is protected free speech."
Posted at 09:40 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 two new cases.

In early news coverage, The Associated Press reports that "Court to clarify process for rescinding mortgages"; "High court to hear fisherman's case"; "Court turns away challenge to anti-terror law"; "Court declines to hear Microsoft antitrust case": and "High court turns down ex-Kansas attorney general."

Greg Stohr of Bloomberg News reports that "Military Detention Law Stands as Top Court Rejects Appeal" and "Microsoft Wins Antitrust Case as Top Court Rejects Novell."

Lawrence Hurley of Reuters reports that "Supreme Court to consider white-collar charges against fisherman" and "U.S. Supreme Court declines to hear Microsoft antitrust case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Detention challenge denied."
Posted at 09:33 AM by Howard Bashman



"John Paul Stevens to testify on 'dark money'": Burgess Everett of Politico.com has this report.
Posted at 07:44 AM by Howard Bashman


"Scalia set to play key role in Supreme Court smartphone case; With the conservative justice emerging as a foe of 'unreasonable searches,' the court will decide whether police can examine phones seized during arrests": David G. Savage has this article in today's edition of The Los Angeles Times.
Posted at 07:42 AM by Howard Bashman


"Federal judges plead guilty -- Juris imprudence: Litigants reeling after judges admit conflicts of interest." Reity O'Brien of The Center for Public Integrity has this article, along with an article headlined "Information on judges' disclosures often blacked out; Redacted information includes gifts, investments and income." The organization has also posted online a database titled "What do federal appellate judges own?"

In early news coverage, Sam Hananel of The Associated Press has an article headlined "Report: Appeals court judges violated ethics laws."

Bob Egelko of The San Francisco Chronicle has an article headlined "Judges' financial conflicts of interest revealed in report."

And The New York Daily News has an article headlined "Federal judges hid conflict of interest when ruling on cases: report."
Posted at 07:28 AM by Howard Bashman



Sunday, April 27, 2014

"Stay voids 3 legal same-sex marriages in Tennessee": The Tennessean has a news update that begins, "Three same-sex Tennessee couples' marriages -- granted recognition last month by a Nashville federal judge -- are once again legally void after the state's attorney general won a stay from the 6th Circuit Court of Appeals in Ohio."

You can access at this link Friday's order of the U.S. Court of Appeals for the Sixth Circuit granting a stay.
Posted at 09:30 PM by Howard Bashman



"Harper's judicial losing streak reveals the limits of government action": Sean Fine will have this article in Monday's edition of The Toronto Globe and Mail.
Posted at 09:25 PM by Howard Bashman


"Supreme Court Taking Up Police Searches of Data Troves Known as Cellphones": Adam Liptak will have this article in Monday's edition of The New York Times.

Monday's newspaper will also contain an editorial titled "Smartphones and the 4th Amendment."
Posted at 09:22 PM by Howard Bashman



"Breyer loves when justices defy expectations, but others still say politics are what matter": 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


"Supreme Court Takes Up Police Power to Search Cell Phones": Pete Williams of NBC News has this report.
Posted at 08:40 PM by Howard Bashman


"Koch brothers, major corporations sponsor pension reform seminar for judges; Attendees could decide fate of contentious cases across the nation": Chris Young of The Center for Public Integrity has this report.
Posted at 08:35 PM by Howard Bashman


"Supreme Court to rule on warrantless searches of electronic devices; Cops want access, without warrants, to electronic devices of everybody arrested": David Kravets of Ars Technica has this report.
Posted at 08:20 PM by Howard Bashman


"[P]erhaps the strangest indication of marriage equality's sudden ascent to inevitability came this week, when an openly gay federal judge was forced to defend Oregon's gay marriage ban in his own courtroom because nobody else would": So writes Mark Joseph Stern online at Slate in an essay titled "Openly Gay Oregon Judge Defends Marriage Ban Because No One Else Will."
Posted at 08:17 PM by Howard Bashman


"The slow death of the death penalty: America is falling out of love with the needle." This article appears in the current issue of The Economist magazine.
Posted at 10:04 AM by Howard Bashman


"Supreme Court Retreats Again on Racial Justice": Kenneth Jost has this post today at his blog, "Jost On Justice."
Posted at 10:00 AM by Howard Bashman


"State wants Utah Supreme Court to intervene in gay marriage recognition case": Dennis Romboy has this article in today's edition of The Deseret News.

And in today's edition of The Salt Lake Tribune, Marissa Lang has an article headlined "Same-sex marriage: Both sides want Utah Supreme Court to have say."
Posted at 09:50 AM by Howard Bashman



"Supreme Court takes on privacy in digital age": Mark Sherman of The Associated Press has this report.
Posted at 09:33 AM by Howard Bashman


"How a Gulf Settlement That BP Once Hailed Became Its Target": Campbell Robertson and John Schwartz have this front page article today in The New York Times.
Posted at 08:45 AM by Howard Bashman


Saturday, April 26, 2014

"In California, a Fevered Rush for Gun Permits": Adam Nagourney will have this article in Sunday's edition of The New York Times.
Posted at 08:50 PM by Howard Bashman


"Supreme Court to look at privacy cases involving police searches of cell phones": Bill Mears of CNN.com has this report.
Posted at 08:30 PM by Howard Bashman


"Fla. floating home battle not ended by high court": The Associated Press has this report.
Posted at 08:26 PM by Howard Bashman


"Obama visit delays new lawyers' oath-taking": The Philippine Daily Inquirer has an article that begins, "The Supreme Court has reset the oath-taking of new lawyers from Monday, April 28, to May 5, to give way to the visit of US President Barack Obama."
Posted at 08:22 PM by Howard Bashman


"Supremes' Spat Over Affirmative Action: Supposedly Supreme Court justices are collegial even when they disagree on points of law; The Roberts-Sotomayor fight on affirmative action says otherwise." Law professor Adam Winkler has this essay online today at The Daily Beast.
Posted at 08:20 PM by Howard Bashman


"Meet the Women Behind the Supreme Court's Controversial Affirmative Action Decision": ABC News has this report.
Posted at 08:12 PM by Howard Bashman


"Should a Chimp Be Able to Sue Its Owner? Steven Wise is arguing for the legal 'personhood' of chimps and other animals; And no one is laughing him out of the courtroom." Charles Siebert has this cover story in tomorrow's edition of The New York Times Magazine.
Posted at 07:30 PM by Howard Bashman


Friday, April 25, 2014

"U.S. Appeals Court Issues Mixed Ruling Reviving Apple Patent Claims Against Motorola Mobility; Decision Could Hurt iPhone Maker in Separate Smartphone Patent Case Against Samsung": Brent Kendall and Don Clark will have this article in Saturday's edition of The Wall Street Journal. You can freely access the full text of the article via Google.

And at Gigaom, Jeff John Roberts has a post titled "In Apple-Google case, court blows off famous judge's plea for patent sanity; Judge Richard Posner tried to put a stop to silly patent lawsuits over smartphones; Unfortunately, the country's patent court -- which has helped to create many patent problems in the first place -- is having none of it."

My earlier coverage of today's Federal Circuit ruling appears at this link.
Posted at 11:12 PM by Howard Bashman



"How 'Affirmative Action' Acquired Its Meaning": Ben Zimmer has this essay online at The Wall Street Journal.

You can freely access the full text of the essay via Google.
Posted at 10:54 PM by Howard Bashman



"Obituary: Federal Appellate Judge William J. Holloway, Jr. was a gentleman and a scholar." The U.S. Court of Appeals for the Tenth Circuit has issued this news release.
Posted at 10:50 PM by Howard Bashman


"Supreme Court rejects Harper government's Senate overhaul plan": Sean Fine of The Toronto Globe and Mail has a news update that begins, "The Supreme Court of Canada has unanimously rejected the Conservative government's attempt to transform the Senate into an elected body, and to set term limits of nine years, saying that such basic changes require the consent of at least seven provinces and half of Canadians."

And The Toronto Star has a news update headlined "Supreme Court rejects Harper government proposals for Senate reform."

You can access today's ruling of the Supreme Court of Canada at this link.
Posted at 08:32 PM by Howard Bashman



"Alaska Supreme Court rules same-sex couples have equal property tax rights": The Associated Press has this report on a ruling that the Supreme Court of Alaska issued today.
Posted at 08:16 PM by Howard Bashman


"The Puzzle of Paying Amy: Congress has to fix the problem with restitution for child pornography victims that stumped the Supreme Court." Law professor Eric Posner has this essay online at Slate.
Posted at 07:28 PM by Howard Bashman


"Court rules former Plainfield man can sue police over wrongful murder conviction": The Star-Ledger of Newark, New Jersey has this news update.

The Associated Press reports that "NJ man wrongly convicted of killing 2 kids can sue cops, court rules."

And Courthouse News Service reports that "Cops Denied Immunity for Appalling Frame Job."

You can access yesterday's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 07:18 PM by Howard Bashman



"Justice Department urges SCOTUS to pass up reporter's privilege case": Josh Gerstein of Politico.com has this blog post.
Posted at 06:07 PM by Howard Bashman


"U.S. court may consider delay of Apple e-books damages trial": Reuters has a report that begins, "A U.S. appeals court will consider Apple Inc's request to put off a July trial to determine how much the iPad maker must pay in damages to customers in more than two dozen states over e-book price fixing."
Posted at 06:05 PM by Howard Bashman


"In legal matters, are smartphones too chatty for your own good?" Michael Doyle of McClatchy Washington Bureau has this report.
Posted at 03:52 PM by Howard Bashman


"Court weighs police use of cellphone tower data": The Associated Press has this report.
Posted at 03:50 PM by Howard Bashman


"William J. Holloway, Jr., 1923-2014": At his "TaxProf Blog," Paul Caron has a post that begins, "William Judson Holloway, Jr., former Chief Judge of the U.S. Court of Appeals for the Tenth Circuit, died this morning surrounded by his family."

And The Associated Press reports that "Federal appeals judge Holloway dies in Oklahoma."

You can access Judge Holloway's official Federal Judicial Center biography at this link.
Posted at 03:42 PM by Howard Bashman



"Leaking fluid from corpse pits condo owner against insurance provider; Woman unable to convince State Farm, courts that policy covered damage from dead body": The South Florida Sun Sentinel has this report.

My earlier coverage of Wednesday's intermediate Florida state appellate court ruling can be accessed here.
Posted at 01:30 PM by Howard Bashman



"Obama Irks Allies in Judge Picks as Diversity Hits Record": Mike Dorning of Bloomberg News has this report.

The article begins, "President Barack Obama has named more blacks, Hispanics, women and Asians as federal judges than any of his predecessors. Some of his allies still render a negative verdict: too middle of the road."
Posted at 01:15 PM by Howard Bashman



"The Fourth Amendment and the Global Internet": Law professor Orin S. Kerr has posted this article online at SSRN.
Posted at 12:05 PM by Howard Bashman


Federal Circuit issues its latest ruling on Circuit Judge Richard A. Posner's work as a trial judge in a patent case: Today a three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued this ruling in the case captioned Apple Inc. v. Motorola, Inc.

The decisions under review were affirmed-in-part, reversed-in-part, and vacated-in-part, and the case was remanded back to the district court.

In early news coverage, Diane Bartz and Dan Levine of Reuters report that "U.S. appeals court revives an Apple patent lawsuit against Google."

And Susan Decker of Bloomberg News has a report headlined "Court: Judge Wrong to Toss Apple, Google Patent Claims."
Posted at 12:02 PM by Howard Bashman



"Eighth Circuit Affirms Injunction against South Dakota Ban on Native Prisoner Tobacco Use": At the "Turtle Talk" blog, Matthew L.M. Fletcher has this post noting a decision that the U.S. Court of Appeals for the Eighth Circuit issued today. That blog post also provides access to the appellate briefs filed in the case.
Posted at 11:54 AM by Howard Bashman


"BAMN members speak out against University of Michigan admission policies in on-campus protest": The Ann Arbor News has this report.

The Detroit News reports that "Protesters at University of Michigan rally blast affirmative action ruling."

The Detroit Free Press reports that "BAMN holds Ann Arbor protest over court ruling on college admissions."

And The Michigan Daily reports that "Through protest, BAMN wins meeting with administration."

In related coverage, at the redesigned "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Constitution Check: Has the Supreme Court ended affirmative action at the college level?"
Posted at 10:42 AM by Howard Bashman



"Pa. Appeals Court Urged To Revive $20M Bulldozer Verdict": Matt Fair of Law360.com has this report (subscription required for full access) about the Brief for Appellants filed Wednesday in the Superior Court of Pennsylvania in a case in which I am serving as appellate counsel for the plaintiffs-appellants.

Earlier news coverage of the jury's verdict in the case can be accessed here and here.
Posted at 10:32 AM by Howard Bashman



"Court hears Fla. case on tracking suspect phones": The Associated Press has a report that begins, "A federal appeals court in South Florida is considering whether investigators are required to obtain a warrant before obtaining cellphone records detailing a suspect's movements."
Posted at 08:54 AM by Howard Bashman


"Legal analyst details evolution of U.S. Supreme Court's politics": Today's edition of The Lawrence (Kan.) Journal-World contains an article that begins, "CNN's senior legal analyst Jeffrey Toobin, known for his writing on the U.S. Supreme Court, began his talk Thursday at Kansas University with a reminder that the high court is simply no 'refuge' from politics."
Posted at 08:47 AM by Howard Bashman


"Patent Cases Ask U.S. Supreme Court to Curb Lawsuit Abuse": Susan Decker of Bloomberg News has this report.
Posted at 08:34 AM by Howard Bashman


"Aereo and the Future of Affordable TV": Michael Phillips has this blog post online at The New Yorker.
Posted at 08:30 AM by Howard Bashman


"Argument preview: Police and cellphone privacy." Lyle Denniston has this post today at "SCOTUSblog."

And Tom P. Taylor of Bloomberg BNA has a blog post titled "Supreme Court Preview: They May Search My Smokes, but They'll Never Search My Smartphone."
Posted at 08:24 AM by Howard Bashman



Thursday, April 24, 2014

"The Sotomayor Style: A stirring dissent shows why the justice is a national treasure." Law professor David Fontana has this essay online today at The New Republic.
Posted at 11:14 PM by Howard Bashman


"Fifth Circuit rules that a federal law punishing hate crimes is a permissible exercise of Congress' power under the Thirteenth Amendment": Ilya Somin has this post at "The Volokh Conspiracy" about an interesting ruling that the U.S. Court of Appeals for the Fifth Circuit issued today.

Circuit Judge Jennifer Walker Elrod wrote both the majority opinion and an opinion specially concurring. In the latter opinion, Elrod noted the existence of "a growing tension between the Supreme Court's precedent regarding the scope of Congress's powers under sec. 2 of the Thirteenth Amendment and the Supreme Court's subsequent decisions regarding the other Reconstruction Amendments and the Commerce Clause" that "would benefit from additional guidance from the Supreme Court on how to harmonize these lines of precedent."
Posted at 11:00 PM by Howard Bashman



"Who cares if the Supreme Court is bad at computers?" Sarah Jeong had this post yesterday at her blog "five-tweet-thoughts," following-up on her post from a day earlier titled "Supreme Court Justices Are Not Good With Computers."

Online at Vox, Timothy B. Lee has a post titled "The Supreme Court's technical cluelessness makes them better justices."

At "The Switch" blog of The Washington Post, Brian Fung has an entry titled "The Aereo case is being decided by people who call iCloud 'the iCloud.' Yes, really."

And at Bloomberg View, law professor Noah Feldman has an essay titled "Justice Scalia Is Not a 'Game of Thrones' Fan."
Posted at 10:52 PM by Howard Bashman



"Low-level federal judges balking at law enforcement requests for electronic evidence": Ann E. Marimow and Craig Timberg will have this article in Friday's edition of The Washington Post.
Posted at 10:30 PM by Howard Bashman


"Colleges Seek New Paths to Diversity After Court Ruling": Tamar Lewin had this article in yesterday's edition of The New York Times.

In Friday's edition of The Wall Street Journal, Rebecca Ballhaus will have an article headlined "Supreme Court Affirmative Action Ruling Seen Having Limited Reach; Efforts to End Race-Based Admissions in Other States Are in Early Stages." You can freely access the full text of the article via Google.

In yesterday's edition of The Washington Post, Robert Barnes had an article headlined "Sotomayor accuses colleagues of trying to 'wish away' racial inequality."

On Tuesday, Ariane de Vogue of ABC News had a blog post titled "Justice Sonia Sotomayor: Affirmative Action 'Opened Doors in My Life.'"

Today at WSJ.com's "Law Blog," Jess Bravin had a post titled "Another Look at the Affirmative-Action Ruling: What the Justices Didn't Do."

Online at The New Republic, law professor Jeffrey Rosen has an essay titled "Liberals Should Be Happy About the Supreme Court's Affirmative Action Decision."

Online at Slate, Dahlia Lithwick has a jurisprudence essay titled "What We Talk About When We Talk About Talking About Race: Deep inside the Supreme Court's affirmative action decision lies a fight about how we speak about race in America."

Online at Bloomberg View, law professor Noah Feldman has an essay titled "Affirmative Action Will Die Another Day."

Online at The Daily Beast, Mike Sacks has an essay titled "Affirmative Action Isn't Oppressive, but the Roberts Court Wants to End It Anyway; By upholding Michigan's ban on race as a factor in college admissions, the Supreme Court chips away at the idea that diversity is good for all and worth promoting via special treatment."

At Justia's Verdict, law professor Michael C. Dorf has an essay titled "The Supreme Court Again Fractures Over Race."

And at The Huffington Post, law professor Geoffrey R. Stone has a blog entry titled "The National Review, Justice Sonia Sotomayor, and Affirmative Action." The National Review Online editorial to which Stone is responding is titled "Half a Win on Racial Discrimination."
Posted at 10:26 PM by Howard Bashman



"Retired Justice John Paul Stevens: Marijuana Should Be Legal." NPR has this report.
Posted at 05:22 PM by Howard Bashman


"Trinity Western law grads won't be allowed to practise in Ontario": The Toronto Globe and Mail has a news update that begins, "Ontario's law society has voted not to accredit graduates of a controversial faith-based law school which has drawn opposition over concerns it would discriminate against gays and lesbians."

The Toronto Star has a news update headlined "Law Society votes against accrediting controversial Christian law school; The Law Society of Upper Canada has voted against accrediting B.C.'s Trinity Western University law school that bans gay sexual intimacy."

And The Canadian Press reports that "Ontario law society votes 'no' to accrediting Trinity Western University; Speakers say school's community covenant discriminates against LGBTQ students."
Posted at 04:55 PM by Howard Bashman



"Texas appeals court halts ruling in gay-divorce case": Chuck Lindell of The Austin American-Statesman has this news update.
Posted at 04:48 PM by Howard Bashman


"In defense of political lying": Jack Shafer has this essay online at Reuters.
Posted at 04:13 PM by Howard Bashman


"Chiquita asks court to toss terror payments case": The Associated Press has this report on an appeal argued today at the U.S .Court of Appeals for the Eleventh Circuit.
Posted at 03:16 PM by Howard Bashman


"State Farm Ducks Coverage For Decaying Body In Fla. Appeal": Law360.com has this report (subscription required for full access) on a ruling that Florida's Fourth District Court of Appeal issued yesterday.

According to the opinion, "the decomposed body leaked bodily fluids, which infiltrated the walls and the insured's apartment causing damage. This is the event that gave rise to the insured's claim."
Posted at 11:00 AM by Howard Bashman



"Sam Alito: A Civil Man; The pleasure of Justice Alito's company." Matthew Walther has this cover story in the May 2014 issue of The American Spectator.
Posted at 10:45 AM by Howard Bashman


"Supreme Court hears crucial N.C. water pollution case": Michael Doyle of McClatchy Washington Bureau has this report.
Posted at 09:22 AM by Howard Bashman


"Judge Vaughn Walker tells his side of Prop. 8 trial": Bob Egelko of The San Francisco Chronicle has this report.

I recently received a review copy of Jo Becker's controversial new book, "Forcing the Spring: Inside the Fight for Marriage Equality."
Posted at 09:18 AM by Howard Bashman



"Oklahoma Supreme Court lets executions go forward; Justices lift stay after ruling inmates don't have right to know source of drugs": Nolan Clay has this front page article today in The Oklahoman.

In today's edition of The Tulsa World, Ziva Branstetter and Barbara Hoberock have a front page article headlined "Path to executions cleared as Oklahoma Supreme Court reverses lower court's ruling; It reverses a court's ruling that Oklahoma's execution-secrecy law is unconstitutional."

And The Associated Press reports that "Oklahoma court rejects death-row inmates' claims."

Yesterday's ruling of the Supreme Court of Oklahoma consisted of a per curiam opinion and an opinion concurring in the result.
Posted at 09:10 AM by Howard Bashman



"The Supreme Court's Unprecedented Public Clash Over Race": Sahil Kapur of TPM DC has this report.
Posted at 08:54 AM by Howard Bashman


"Top court rejects award for Pa. child porn victim": Tracie Mauriello has this front page article today in The Pittsburgh Post-Gazette.

Today's edition of The Houston Chronicle contains a front page article headlined "Supreme Court ups the ante for porn victims; Court limits amount defendant must pay in Texas abuse case." You can freely access the full text of the article via Google.

Warren Richey of The Christian Science Monitor has an article headlined "US Supreme Court limits restitution payments to child pornography victims; The Supreme Court said federal law does not require a defendant to pay the entire amount of a multimillion-dollar restitution award owed to a child pornography victim whose abuse is depicted in images widely distributed on the Internet."

Cheryl Wetzstein of The Washington Times reports that "Divided court strikes down big porn award; Victim sought $3.4M from one viewer."

And David Kravets of Ars Technica reports that "Online child porn victims lose at Supreme Court; Victims can't recoup 100% of damages from criminals who viewed their images online."
Posted at 08:52 AM by Howard Bashman



"Will the Supreme Court Address Louisiana's Flawed Jury System? By allowing non-unanimous verdicts in murder trials, the state makes it possible for prosecutors to accept minority jurors -- and then discount their views." Andrew Cohen has this essay online at The Atlantic.
Posted at 08:42 AM by Howard Bashman


"Transcript gives glimpse into deadly courtroom shooting": Dennis Romboy has this article today in The Deseret News.
Posted at 08:40 AM by Howard Bashman


Wednesday, April 23, 2014

"Executive Power on Steroids: In four recent Supreme Court cases, the Obama administration takes a crabbed view of individual rights." William K. Suter has this essay online at the Defining Ideas site of the Hoover Institution.
Posted at 11:17 PM by Howard Bashman


"Court upholds NC gang member's death sentence": The Associated Press has this report on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today upholding a death sentence imposed under federal criminal law.
Posted at 11:00 PM by Howard Bashman


"Former Hamilton Mayor John Bencivengo loses appeal of corruption conviction, court sets precedent": The Times of Trenton, New Jersey has this report.

And The Trentonian reports that "Former Hamilton Mayor John Bencivengo's conviction upheld but attorney still plans challenge."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 10:48 PM by Howard Bashman



"Gay marriage: Judge Michael McShane provides little clue in how he will rule on Oregon case." The Oregonian has this news update.

The Register-Guard of Eugene, Oregon has a news update headlined "Judge plays devil's advocate in hearing on Oregon's ban of same-sex marriages."

And The Statesman Journal of Salem, Oregon has a news update headlined "Judge hears oral arguments in federal challenge to Oregon's same-sex marriage ban."
Posted at 09:18 PM by Howard Bashman



"Shorter Supreme Court in Child Pornography Case: Congress, Please Override Us." Rick Hasen has this post at his "Election Law Blog."

At the blog "Hamilton and Griffin on Rights," Marci A. Hamilton has a post titled "The Perils of Paroline v. United States and What Congress Must Do Next."

And this evening at "The Volokh Conspiracy," Paul Cassell has a post titled "The Supreme Court promises child pornography victims full restitution 'someday.' How long is that?"
Posted at 09:00 PM by Howard Bashman



"Prior to fatal courtroom shooting, Utah defendant promised to behave; Witness was testifying about recruiting young gang members when he was attacked by defendant": Jessica Miller of The Salt Lake Tribune has this report.
Posted at 08:53 PM by Howard Bashman


"Memorial ceremony for Judge Ross": Senior U.S. District Judge Richard G. Kopf had this post Monday at his "Hercules and the Umpire" blog.
Posted at 08:42 PM by Howard Bashman


"Supreme Court hears dispute over CTS case": The Asheville (N.C.) Citizen-Times has this news update.

Richard Wolf of USA Today reports that "Victims of toxic water meet skepticism at Supreme Court."

And Jeremy P. Jacobs of Greenwire has an article headlined "Arcane arguments, big stakes as Supreme Court hears N.C. cleanup case."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in CTS Corp. v. Waldburger, No. 13-339.
Posted at 03:56 PM by Howard Bashman



"Sotomayor's Affirmative Action Dissent Was 'Courageous,' Holder Says": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 02:08 PM by Howard Bashman


"Can the K.S.M. Trial Be Saved?" Amy Davidson has this blog post online at The New Yorker.

And Carol Rosenberg of The Miami Herald has an article headlined "Special prosecutor confirms FBI investigation, says it's not about KSM document."
Posted at 01:14 PM by Howard Bashman



"This Infamous Hacker Went to Prison for Trolling AT&T. Now He Wants to Troll Wall Street." Emmett Rensin has this essay online at The New Republic.
Posted at 01:10 PM by Howard Bashman


"Supreme Court blog deserves credentials": Columnist Rem Rieder of USA Today recently had this essay.
Posted at 01:04 PM by Howard Bashman


"U.S. court revives Europe money laundering case vs R.J. Reynolds": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.

Update: In other coverage, The Associated Press reports that "US court revives European suit vs. R.J. Reynolds."

And Bloomberg News reports that "Reynolds American to Face Suit on Money Laundering Claims."
Posted at 12:58 PM by Howard Bashman



"The crime victim's reaction to today's Supreme Court decision": Paul Cassell has this post at "The Volokh Conspiracy."
Posted at 11:42 AM by Howard Bashman


"Supreme Court rules that pornographers should pay": Richard Wolf of USA Today has a news update that begins, "The Supreme Court ruled Wednesday that people who peddle in child pornography must help pay for their victims' pain and suffering -- within reason."

Adam Liptak of The New York Times has a news update headlined "Justices Void $3.4 Million Award to Child Pornography Victim."

Robert Barnes of The Washington Post has a news update headlined "Supreme Court limits damages to victims of child porn, throws out $3.4 million award."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court sets aside $3.4-million verdict for child-porn victim."

Lawrence Hurley of Reuters reports that "Supreme Court limits restitution in child pornography case."

Greg Stohr of Bloomberg News reports that "Pornography Victims Get Partial Compensation, Court Says."

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

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Justices Limit Restitution For Child Pornography Victims."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: Dividing the duty to pay for child porn."
Posted at 11:29 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 Anthony M. Kennedy delivered the opinion of the Court in Paroline v. United States, No. 12-8561. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justices Antonin Scalia and Clarence Thomas joined. And Justice Sonia Sotomayor issued a dissenting opinion. You can access the oral argument via this link.

2. And Justice Scalia delivered the opinion of the Court in White v. Woodall, No. 12-794. Justice Stephen G. Breyer issued a dissenting opinion, in which Justices Ruth Bader Ginsburg and Sotomayor joined. You can access the oral argument via this link.

In early news coverage, Mark Sherman of The Associated Press reports that "High court tosses $3.4M award to child porn victim." The AP also reports that "Court won't overturn death sentence for Ky. man."
Posted at 10:06 AM by Howard Bashman



"Telecommuting May Be Reasonable For Ford Worker: 6th Circ." Law360.com has this report (subscription required for full access) on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued yesterday.

Eugene Scalia argued the appeal on behalf of appellee Ford Motor Co.
Posted at 09:14 AM by Howard Bashman



"Court: Ohio man must pay $489,000 for false call." The Associated Press has this report on the ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued yesterday.
Posted at 09:08 AM by Howard Bashman


"Appeal Judges Hint at Doubts in Insider Case": This front page article appears today in The New York Times.

And in today's edition of The Wall Street Journal, Christopher M. Matthews has an article headlined "Judges Consider What Defines Insider Trading; Appeals Judge Says Current View 'Gives Precious Little Guidance' to Institutions, Hedge Funds." You can freely access the full text of the article via Google.
Posted at 09:02 AM by Howard Bashman



"Presence of THC metabolite in blood does not prove impaired driving, Arizona Supreme Court finds": In today's edition of The Arizona Daily Star, Howard Fischer has a front page article that begins, "Arizonans who smoke marijuana can't be charged with driving while impaired absent actual evidence they are affected by the drug, the Arizona Supreme Court ruled Tuesday."

And today's edition of The Arizona Republic contains an article headlined "Arizona high court: Pot metabolite doesn't prove DUI." In addition, columnist EJ Montini has an essay titled "In Arizona we can finally get high ... on justice."

And The Associated Press reports that "Arizona court rules on DUI law for marijuana users."

You can access yesterday's ruling of the Supreme Court of Arizona at this link.
Posted at 08:55 AM by Howard Bashman



"California bill reignites affirmative action fight": The Associated Press has this report.
Posted at 08:47 AM by Howard Bashman


Tuesday, April 22, 2014

"Voice of first U.S. Hispanic justice heard in major race case": Joan Biskupic of Reuters has this report.
Posted at 11:11 PM by Howard Bashman


"OK, Michigan Can Ban Affirmative Action: But does that really mean race no longer matters, as the Supreme Court's conservatives say?" Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 11:07 PM by Howard Bashman


"Argument analysis: Thirty years later, '1984' is still scary." Lyle Denniston has this post at "SCOTUSblog."
Posted at 11:05 PM by Howard Bashman


"Justices Skeptical of Aereo's Business": Adam Liptak will have this article in Wednesday's edition of The New York Times.

In Wednesday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Supreme Court justices appear conflicted over Aereo copyright case; A ruling could shut down Aereo, as the TV broadcast industry wants, or clear the way for the company that enables subscribers to record programs captured over the air and view them on the Internet."

In Wednesday's edition of The Wall Street Journal, Brent Kendall will have an article headlined "Supreme Court Conflicted on Legality of Aereo Online Video Service; Justices Said a Ruling Against the Cloud-Based Service Threatened to Harm Established Services, Such as Apple's iCloud."

Richard Wolf of USA Today reports that "Broadcast TV, cloud computing collide at Supreme Court."

At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Aereo at the Supreme Court: Justices Confused by Technology, Wary of Implications ; At oral arguments on Tuesday, broadcasters appear to have an edge, but the justices want to know how their ruling will impact others in the tech sector."

Joe Mullin of Ars Technica has an article headlined "At oral arguments, Supreme Court isn't sold on Aereo; Court shows concern about the cloud, but not about the right to free TV."

Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a report headlined "At Aereo arguments, can old-school analogies explain new technology?"

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: Slipping down the digital slope."
Posted at 10:50 PM by Howard Bashman



"Atheists' new plan of attack against Pledge of Allegiance: state courts; An atheist New Jersey family is saying the phrase 'under God' in the Pledge of Allegiance is a violation of their equal protection under state law; Previously, such lawsuits were filed in federal court." The Christian Science Monitor has this report.
Posted at 10:34 PM by Howard Bashman


"Supreme Court rules anonymous tip is enough to stop driver": Bob Egelko of The San Francisco Chronicle has this report.

David G. Savage of The Los Angeles Times reports that "Supreme Court upholds California police search based on 911 tip."

Michael Doyle of McClatchy Washington Bureau reports that "Anonymous tip leading to driver's arrest passes Supreme Court muster."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: Big new role for anonymous tipsters."
Posted at 10:32 PM by Howard Bashman



"Argument analysis: Justices skeptical of Coke's right to 'cheat consumers.'" Ronald Mann has this post today at "SCOTUSblog."
Posted at 10:18 PM by Howard Bashman


"One man's obsession with EPA and toxic waste in his neighborhood leads all the way to the Supreme Court": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:51 PM by Howard Bashman


"Judges Consider What Defines Insider Trading": Christopher M. Matthews has this post at WSJ.com's "Law Blog."
Posted at 03:28 PM by Howard Bashman


"Curative plea challenging SC verdict against gay sex to be heard in open court next week": Press Trust of India has this report.

And BuzzFeed reports that "Indian Supreme Court To Reconsider Sodomy Ruling; 'This is a bit of hope,' said one of the lawyers in a case."
Posted at 02:53 PM by Howard Bashman



"Gang member shot, killed after lunging at court witness": This front page article appears today in The Deseret News, along with a front page article headlined "From prep football to prison, gang life led to destructive path."

Today's edition of The Salt Lake Tribune contains a front page article headlined "Gang defendant shot, killed at new Salt Lake City federal courthouse; U.S. marshal shot defendant when he charged witness with a sharp object."

And The Associated Press reports that "Courthouse violence unpredictable despite security."
Posted at 02:36 PM by Howard Bashman



"Keystone Route Ruling Should Be Overturned, Nebraska Says": Bloomberg News has this report.
Posted at 01:20 PM by Howard Bashman


"High court hears streaming TV case": Mark Sherman of The Associated Press has this report.

Greg Stohr and Alex Barinka of Bloomberg News report that "Aereo Online-TV Service Questioned by U.S. Supreme Court."

Lawrence Hurley of Reuters reports that "U.S. justices conflicted over Aereo TV copyright fight."

And Richard Wolf of USA Today reports that "Broadcast TV, cloud computing collide at Supreme Court."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in American Broadcasting Co. v. Aereo, Inc., No. 13-461.
Posted at 01:12 PM by Howard Bashman



"Court critical of Ohio law punishing campaign lies": The Associated Press has this report.

And Joan Biskupic of Reuters reports that "Supreme Court hears challenge to ban on 'false' campaign speech."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Susan B. Anthony List v. Driehaus, No. 13-193.
Posted at 12:55 PM by Howard Bashman



"The Most Overrated Supreme Court Justice": Law professor Cass R. Sunstein has this essay online today at Bloomberg View.
Posted at 11:36 AM by Howard Bashman


"Supreme Court Upholds Michigan's Affirmative Action Ban": Adam Liptak of The New York Times has this news update.

Robert Barnes and William Branigin of The Washington Post have a news update headlined "Supreme Court reverses decision that tossed out Michigan's ban on racial preferences."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court upholds Michigan ban on affirmative action."

Richard Wolf of USA Today reports that "Justices approve state bans on affirmative action; The decision could lead more states to enact bans against race preferences in university admissions, but it does not affect university affirmative action programs in other states."

Jess Bravin of The Wall Street Journal has a news update headlined "High Court Says States Can End Affirmative Action Without Violating Constitution; In 6-2 Vote, Justices Decide Michigan Can End Rule at Public Universities." You can freely access the full text of the article via Google.

Michael Doyle of McClatchy Washington Bureau reports that "Divided Supreme Court upholds Michigan measure banning race-based preferences."

Tom Howell Jr. of The Washington Times has a news update headlined "Supreme Court upholds Mich. affirmative action ban."

The Detroit Free Press has a news update headlined "Supreme Court upholds Michigan's ban on affirmative action."

The Detroit News has an update headlined "High court's Michigan ruling another affirmative action setback."

The Ann Arbor News reports that "U.S. Supreme Court upholds Michigan's ban on affirmative action in college admissions."

The Michigan Daily, the student newspaper of the University of Michigan, has a news update headlined "Supreme Court upholds state's affirmative action ban."

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Michigan Ban on Affirmative Action Upheld by Supreme Court."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Justices Uphold Michigan Ballot Ban on Race Preferences in Higher Ed."
Posted at 10:54 AM by Howard Bashman



"Supreme Court to Consider Challenge to Law Against Lying in Elections": 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. In addition, at WSJ.com's "Washington Wire" blog, Bravin has a post titled "Ohio AG DeWine Defends And Questions False-Statements Law."

Jack Torry of The Columbus Dispatch reports that "Ohio election-ad fight to be heard by U.S. Supreme Court."

The Cincinnati Enquirer reports that "SCOTUS hears local free speech case Tuesday."

Paige Winfield Cunningham of Politico.com reports that "Abortion at heart of Ohio speech case."

National Journal reports that "Anti-Obamacare Ad Lands at the Supreme Court; A billboard opposing the health care law touched off a potentially major First Amendment case."

And at msnbc, Adam Serwer has a report headlined "Lying in politics not a crime?"
Posted at 10:48 AM by Howard Bashman



"Supreme Court to decide on Aereo, an obscure start-up that could reshape the TV industry": Cecilia Kang and Robert Barnes have this article today in The Washington Post.

The Los Angeles Times reports that "Aereo fights for future before the Supreme Court; On Tuesday, the Supreme Court will hear arguments from the Internet TV start-up and the broadcasters that oppose it; The results could have major implications for the future of television."

Warren Richey of The Christian Science Monitor has an article headlined "Aereo Internet service vs. TV broadcasters: US Supreme Court to decide; Aereo provides TV viewing and recording to subscribers via the Internet for $8 a month; But Aereo pays major broadcast companies nothing, and broadcasters say that violates copyright protections."

Mark Sherman of The Associated Press reports that "Streaming TV case before Supreme Court on Tuesday."

At "The Note" blog of ABC News, Ariane de Vogue has a post titled "Aereo Case at the Supreme Court: What's at Stake?"

Brooks Boliek of Politico.com has a report headlined "Supreme Court case: Startup vs. broadcasters."

At the "Hollywood, Esq." blog of The Hollywood Reporter, Jonathan Handel has a post titled "Aereo Backstory: One Supreme Court Case, Three Recusals, One 'Unrecusal,' Much Uncertainty; Seldom (one imagines) has one case involved so many questions of judicial and attorney disqualification."

And at Wired.com, Issie Lapowsky has an article headlined "Netflix Is the Real Winner if the Supreme Court Sides With Aereo."
Posted at 10:28 AM by Howard Bashman



"Matawan-Aberdeen school district sued over 'under God' in pledge; Lawsuit claims wording alienates atheists, humanists and violates N.J. constitution": This article appears today in The Asbury Park Press.

And The Associated Press reports that "New Jersey school sued over 'under God' in pledge."
Posted at 10:24 AM by Howard Bashman



"No stopping Justice Ruth Bader Ginsburg": Columnist Dana Milbank of The Washington Post has this op-ed.
Posted at 10:20 AM by Howard Bashman


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

1. Justice Clarence Thomas delivered the opinion of the Court in Prado Navarette v. California, No. 12-9490. Justice Antonin Scalia issued a dissenting opinion, in which Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan joined. You can access the oral argument via this link.

2. And Justice Anthony M. Kennedy announced the judgment of the Court and issued an opinion, in which Chief Justice John G. Roberts, Jr. and Samuel A. Alito, Jr. joined, in Schuette v. BAMN, No. 12-682. Chief Justice Roberts issued a concurring opinion. Justice Scalia issued an opinion concurring in the judgment, in which Justice Thomas joined. Justice Stephen G Breyer issued an opinion concurring in the judgment. Justice Sotomayor issued a dissenting opinion, in which Justice Ginsburg joined. Justice Kagan did not participate in the decision. You can access the oral argument audio via this link.

In early news coverage, The Associated Press reports that "High court upholds Mich affirmative action ban" and "Court upholds traffic stop based on anonymous tip."

Greg Stohr of Bloomberg News reports that "Michigan Affirmative Action Ban Upheld by U.S. High Court."

And Lawrence Hurley of Reuters reports that "Supreme Court upholds Michigan affirmative action ban."
Posted at 10:05 AM by Howard Bashman



"Supreme Court Weighs Aid to Holders of Argentine Debt": Adam Liptak has this article today in The New York Times.

Richard Wolf of USA Today reports that "Justices shed few tears for Argentina in debt case."

Brent Kendall of The Wall Street Journal has an article headlined "U.S. Supreme Court Voices Resistance to Argentina Blocking Creditor's Access to Asset Records; Creditor NML Capital Opted Against Participating in Argentina's Debt Restructuring." You can freely access the full text of the article via Google.

Greg Stohr of Bloomberg News reports that "Argentina Gets U.S. Court Skepticism on Bank Subpoenas."

Lawrence Hurley of Reuters reports that "U.S. court signals narrow bondholders win in Argentina subpoena case."

Mark Sherman of The Associated Press reports that "US justices seek middle ground in Argentina case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: The problem when a pitfall opens."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Republic of Argentina v. NML Capital Ltd., No. 12-842.
Posted at 08:50 AM by Howard Bashman



"Supreme Court seems inclined to bolster truth-in-labeling laws; High court justices take a dim view of Coca-Cola's selling juice labeled as pomegranate-blueberry that is mostly apple and grape juice": David G. Savage has this article today in The Los Angeles Times.
Posted at 08:37 AM by Howard Bashman


"Should Supreme Court Justices Play Politics With Retirement?" Jesse Wegman has this post at the "Taking Note" blog of The New York Times.
Posted at 08:35 AM by Howard Bashman


"Oklahoma Supreme Court stays executions of two inmates; The executions of Clayton Derrell Lockett, 38, and Charles Frederick Warner, 46, have been postponed by the Oklahoma Supreme Court; The stays will last until a case about the source of the state's lethal injection drugs is fully adjudicated": This front page article appears in today's edition of The Oklahoman.

Today's edition of The Tulsa World contains a front page article headlined "Oklahoma Supreme Court delays executions of two inmates suing state; The 5-4 decision grants a stay to inmates suing over the state's lethal-drug secrecy law."

In today's edition of The New York Times, Erik Eckholm has an article headlined "2 Executions in Oklahoma Are Stayed, Ending Tussle."

And The Associated Press reports that "Oklahoma court puts 2 executions on hold."

You can access yesterday's 5-to-4 ruling of the Supreme Court of Oklahoma at this link.
Posted at 08:27 AM by Howard Bashman



Monday, April 21, 2014

"Justices Skeptical of Coke's Pomegranate Juice Label; Label 'Cheated' Consumers, Kennedy Says in Case Brought by Pom Wonderful": Jess Bravin will have this article in Tuesday's edition of The Wall Street Journal.

And Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court weighs truth in labeling in fruit juice case."
Posted at 05:16 PM by Howard Bashman



"Gang defendant shot, killed at new Salt Lake City federal courthouse; U.S. Marshal shot defendant when he charged witness with a pen or pencil": Marissa Lang and Jessica Miller of The Salt Lake Tribune have this updated report.

The Deseret News has an updated report headlined "Gang member shot after lunging at court witness dies from gunshot wounds."

And The Associated Press reports that "Man dies after being shot at federal courthouse."

Before the defendant's death was announced, the federal district judge presiding over the case declared a mistrial.
Posted at 04:37 PM by Howard Bashman



"Wrangle Over Oklahoma Executions Bounces From Court to Court": Erik Eckholm will have this article in Tuesday's edition of The New York Times.
Posted at 04:20 PM by Howard Bashman


"Neil Eggleston Picked for White House Counsel": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 04:05 PM by Howard Bashman


"Oklahoma Courts at War Over Lethal Injection Secrecy; A dispute between Oklahoma's top courts reveals the chaos in states seeking to conceal basic information about the drugs used in executions": Andrew Cohen has this essay online today at The Atlantic.
Posted at 03:21 PM by Howard Bashman


"Supreme Court considers juice label dispute": The Associated Press has this report.

And Diane Bartz of Reuters reports that "U.S. top court questions Coca-Cola over fruit juice label."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in POM Wonderful LLC v. Coca-Cola Co., No. 12-761.
Posted at 03:20 PM by Howard Bashman



"Gang defendant shot at new Salt Lake City federal courthouse; U.S. Marshal shot defendant when he charged witness with a pen or pencil": Marissa Lang and Jessica Miller of The Salt Lake Tribune have this news update.

Pat Reavy and Dennis Romboy of The Deseret News have an update headlined "Authorities investigate shooting at new Utah federal courthouse."

And The Associated Press reports that "US marshal shoots defendant in federal court."
Posted at 01:48 PM by Howard Bashman



"Eleventh Circuit rules that discovery can move forward on my Crime Victims' Rights Act case": Paul Cassell has this post today at "The Volokh Conspiracy" about an interesting ruling that the U.S. Court of Appeals for the Eleventh Circuit issued last Friday.
Posted at 11:30 AM by Howard Bashman


"Panel Orders Release of Memo in 2011 Targeted Killing of Awlaki": Benjamin Weiser of The New York Times has this news update.

The Associated Press has a report headlined "NY court: US must release targeted killings memo."

And Josh Gerstein of Politico.com has a blog post titled "Court: release legal memo on drone killing."

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



"Justice Stevens's Prescription for 'Giant Step in Wrong Direction'": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:23 AM by Howard Bashman


"US justices hear arguments in Argentina debt case": The Associated Press has this report.
Posted at 09:57 AM by Howard Bashman


"High court to hear dispute about TV over Internet": Mark Sherman of The Associated Press has this report.

And at Fortune.com, Roger Parloff has an article headlined "Why the Supreme Court might pull the plug on Aereo: On Tuesday the Court will hear arguments on the legality of the disruptive wireless technology that brings broadcast TV to smartphones."
Posted at 09:55 AM by Howard Bashman



"Celebrating Times v. Sullivan, Though Dissent Is Heard": Kenneth Jost had this post yesterday at his blog, "Jost On Justice."
Posted at 09:48 AM by Howard Bashman


"Juice Maker POM Heads to Court in 2 Marketing Cases; From Opposite Sides, Company Wages Legal Battles Likely to Influence Food-Marketing Practices": Brent Kendall has this article today in The Wall Street Journal.
Posted at 09:44 AM by Howard Bashman


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

In addition, Justice Stephen G. Breyer issued a statement respecting the denial of certiorari in Hussain v. Obama, No. 13-638.

In early news coverage, The Associated Press reports that "Court to look at 'born in Jerusalem' passport case"; "High court will hear case of mistaken traffic stop"; "High court rejects new Guantanamo appeal"; "Court won't hear Fla. employee drug testing rule"; "Court won't hear Arizona appeal over harboring ban"; and "Court rejects Exxon Mobil appeal of $105M verdict."

Lawrence Hurley of Reuters reports that "Supreme Court to review Jerusalem birthplace law"; "Supreme Court declines to revive Arizona immigration law"; and "Top court declines Exxon's appeal in water pollution case."

Greg Stohr of Bloomberg News reports that "Israel Passport Designation Clash Gets U.S. Court Hearing"; "Guantanamo Inmate's Appeal Rejected by U.S. Supreme Court"; "Arizona Rejected by High Court on Immigrant-Harboring Law": and "Exxon Rejected by Court on $105 Million New York Award."

At Politico.com, Josh Gerstein has a blog post titled "Supreme Court takes 2nd look at Jerusalem passport case."

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



"U.S. insider trading cases face test at appeals court": Nate Raymond of Reuters has this report.
Posted at 08:36 AM by Howard Bashman


"Aereo at the Supreme Court: No matter what, broadcasters lose; An industry born of innovation faces a serious challenge from a new innovator." Andrew Cohen has this essay online today at The Week.
Posted at 08:35 AM by Howard Bashman


"Keystone Pipeline Fate Now in Hands of Nebraskan Jurists": Bloomberg News has an article that begins, "The focus of the Keystone XL debate has shifted from a fierce lobbying war in Washington to Lincoln, Nebraska, where the state Supreme Court has been asked to weigh a legal challenge to the pipeline."
Posted at 08:34 AM by Howard Bashman


Sunday, April 20, 2014

"Aereo Case Will Shape TV's Future": David Carr will have this new installment of his "The Media Equation" column in Monday's edition of The New York Times.
Posted at 09:55 PM by Howard Bashman


"Echo of 1984 Betamax landmark in U.S. high court Aereo TV fight": Lawrence Hurley and Liana B. Baker of Reuters have this report.
Posted at 09:50 PM by Howard Bashman


"Antennas for us all: How Aereo wound up at the Supreme Court; In 1976, what was Congress saying about the future of television?" Joe Mullin of Ars Technica has this report today.

And David Kravets has an article headlined "Aereo analysis: Cloud computing at a crossroads; From the copyleft to Google and Mozilla, they say a win for TV broadcasters could doom the cloud."
Posted at 09:40 PM by Howard Bashman



"Kentucky Supreme Court Fleshes Out The Ministerial Exception Doctrine": Howard Friedman had this post yesterday at his "Religion Clause" blog reporting on two rulings (here and here) that the Supreme Court of Kentucky issued last Thursday.
Posted at 08:54 PM by Howard Bashman


"Judges can keep relatives on their payrolls; Ethics committee finding benefits two Northampton County jurists who employ family members": Riley Yates has this front page article in today's edition of The Morning Call of Allentown, Pennsylvania.
Posted at 08:50 PM by Howard Bashman


"Kurt Lash on 'Religious Sincerity and the Hobby Lobby Investments'": Rick Garnett had this post Friday at "Mirror of Justice."
Posted at 05:17 PM by Howard Bashman


"Denigration as Forbidden Conduct and Required Judicial Rhetoric": On Friday, law professor Paul Horwitz had this post at "Jotwell" about law professor Steven D. Smith's forthcoming law review article titled "The Jurisprudence of Denigration."
Posted at 05:12 PM by Howard Bashman


"Alaska Supreme Court says state has duty to protect inmates from one another": The Anchorage Daily News has this article reporting on a ruling that the Supreme Court of Alaska issued on Friday.
Posted at 02:28 PM by Howard Bashman


"St. John's Law Students Visit Nation's Highest Court": St. John's University posted this news release online last week.
Posted at 02:20 PM by Howard Bashman


"CIA torture architect breaks silence to defend 'enhanced interrogation'; James Mitchell 'highly skeptical' of Senate report on CIA torture; 'It was not illegal based on the law at the time; Mitchell said to have waterboarded Khalid Sheikh Mohammed": The Guardian (UK) has this report, together with an article headlined "James Mitchell: 'I'm just a guy who got asked to do something for his country'; Psychologist who designed CIA's post-9/11 torture program insists he has nothing to apologise for -- and attacks 'people with a Jack Bauer mentality who don't understand how intel works.'"
Posted at 02:16 PM by Howard Bashman


"Mueller to replace Karlton on 3-judge prison court": Bob Egelko of The San Francisco Chronicle has a blog post that begins, "The three-judge federal court overseeing the reduction of California's prison population will have a new member in September: U.S. District Judge Kimberly Mueller of Sacramento, succeeding the retiring Judge Lawrence Karlton."
Posted at 02:08 PM by Howard Bashman


"Ex-justice says politics can be factor on retiring": The Associated Press has a report that begins, "John Paul Stevens says he thinks it's appropriate for Supreme Court justices to factor in political considerations when weighing a decision to retire."

ABC News has posted online at this link video of the interview that George Stephanopoulos conducted with retired Justice John Paul Stevens from today's broadcast of "This Week." And ABC News has also posted this excerpt of Justice Stevens' new book, "Six Amendments: How and Why We Should Change the Constitution."
Posted at 01:52 PM by Howard Bashman



"Change the Constitution in Six Easy Steps? It Won't Be That Simple, Justice Stevens; From campaign finance to political gerrymandering, the retired Supreme Court justice skips hard arguments in his new book in favor of unrealistic, poorly drafted solutions." Law professor Richard L. Hasen, author of the "Election Law Blog," has this book review online at The Daily Beast.
Posted at 08:44 AM by Howard Bashman


Saturday, April 19, 2014

"Argument preview: Free TV, at a bargain price?" Lyle Denniston has this post today at "SCOTUSblog."
Posted at 11:23 PM by Howard Bashman


"Utah same-sex marriage opponents hope case not undone by technicality; The question of whether the suit targeted the appropriate officials may become an issue": Marissa Lang has this article in today's edition of The Salt Lake Tribune.
Posted at 11:20 PM by Howard Bashman


"Ted Cruz, Invoking Reagan, Angers GOP Colleagues but Wins Fans Elsewhere; Texas Senator Is a Tea-Party Favorite": This front page article appears today in The Wall Street Journal.

You can freely access the full text of the article via Google.
Posted at 10:40 PM by Howard Bashman



"Death penalty stays on the books in New Hampshire": The New Hampshire Union Leader has this report.

And yesterday's edition of The New York Times contained an article headlined "Measure to Repeal Death Penalty Fails by a Single Vote in New Hampshire Senate."
Posted at 10:32 PM by Howard Bashman



"Covert Inquiry by F.B.I. Rattles 9/11 Tribunals": This front page article appears today in The New York Times.
Posted at 10:30 PM by Howard Bashman


Friday, April 18, 2014

"Scalia criticizes historic Supreme Court ruling on freedom of the press": David G. Savage of The Los Angeles Times has this report.
Posted at 09:04 PM by Howard Bashman


"Do online media get treated like traditional media under libel retraction statutes?" Eugene Volokh has this post today at "The Volokh Conspiracy."
Posted at 05:40 PM by Howard Bashman


"Eyewitness testimony no longer a gold standard": The Associated Press has this report.
Posted at 05:22 PM by Howard Bashman


"Teva Rejected by Supreme Court on Generic Copaxone Delay": Greg Stohr of Bloomberg News has this report.

Lawrence Hurley of Reuters reports that "Supreme Court denies Teva stay in Copaxone patent fight."

The Associated Press reports that "Court declines to block drug ruling in patent case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court won't block Teva rivals."

You can access at this link the one paragraph in chambers opinion that Chief Justice John G. Roberts, Jr. issued today in his capacity as Circuit Justice for the U.S. Court of Appeals for the Federal Circuit.
Posted at 05:18 PM by Howard Bashman



"Kennedy's Question: How will the Court decide Hobby Lobby?" Adam J. White has this article in the April 28, 2014 issue of The Weekly Standard.

The issue also contains an article by Terry Eastland headlined "Mitch McConnell, Judicial Activist: The Senate minority leader seeks majority opinions."
Posted at 04:48 PM by Howard Bashman



"New Clinton Documents: How to Celebrate Confirmation of Justice Ginsburg?" Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 04:28 PM by Howard Bashman


"3rd Circ. Urged To Move GSK Paxil Suit Back To State Court": Kelly Knaub of Law360.com has this report (subscription required for full access) today on the Brief for Appellants that I filed earlier this week in the U.S. Court of Appeals for the Third Circuit.
Posted at 03:35 PM by Howard Bashman


"Is This the Supreme Court's Next Big Gun Case? The Second Amendment protects the right to armed self-defense; Does that include the right to carry guns in public?" Damon Root has this essay today at Reason.com.
Posted at 03:32 PM by Howard Bashman


"Iowa court: Mother needed approval to get disabled son a vasectomy." Grant Rodgers of The Des Moines Register has a news update that begins, "An Iowa mother appointed as the guardian of her intellectually-disabled son should not have arranged a vasectomy for him without prior court approval, the Iowa Supreme Court ruled today."

And at "On Brief: Iowa's Appellate Blog," Ryan Koopmans has a post titled "The Iowa Supreme Court on vasectomies and due process."

You can access today's ruling of the Supreme Court of Iowa at this link.
Posted at 01:42 PM by Howard Bashman



"Federal appeals court gives Walker win on Act 10": Jason Stein of The Milwaukee Journal Sentinel has this news update reporting on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 01:17 PM by Howard Bashman


"U.S. appeals court largely upholds cement plant emissions rule": Lawrence Hurley of Reuters has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 12:11 PM by Howard Bashman


"Aereo's Legal Battles Rest on the Meaning of 'Public Performance'": Robert Levine of Bloomberg Businessweek has this report.
Posted at 12:09 PM by Howard Bashman


"Gay marriage: Openly gay judge, Michael McShane, in spotlight overseeing Oregon case." The Oregonian has an article that begins, "Starting next week, the spotlight on the status of gay marriage in America will shift to the Eugene courtroom of U.S. District Judge Michael McShane -- who finds himself in an unusual position."
Posted at 11:33 AM by Howard Bashman


"Ginsburg, Scalia discuss NSA, freedoms": Trevor Eischen of Politico.com has this report.
Posted at 08:46 AM by Howard Bashman


"No challenge to gay rights standard": Lyle Denniston has this post at "SCOTUSblog."

My most recent earlier related post appeared yesterday at this link.
Posted at 08:44 AM by Howard Bashman



"Book: Lawyer who defended Calif. gay marriage ban plans daughter's gay wedding." Robert Barnes of The Washington Post has this report.
Posted at 08:42 AM by Howard Bashman


Thursday, April 17, 2014

"Law professor to argue case at Supreme Court": Old Gold & Black, the student newspaper of Wake Forest University, has an article that begins, "On April 23, Wake Forest University Law School Professor John Korzen will face the ultimate test of any attorney, he will make an oral argument before the nine justices of the Supreme Court of the United States."
Posted at 10:24 PM by Howard Bashman


"Ohio case before U.S. Supreme Court could decide whether states can criminalize campaign lies": Sabrina Eaton of The Cleveland Plain Dealer has this report.
Posted at 10:22 PM by Howard Bashman


"Kalb Report with Justices Antonia Scalia and Ruth Bader Ginsburg": C-SPAN has posted the video of this evening's event at this link.
Posted at 10:04 PM by Howard Bashman


In Bashman news from Niagara Falls: The Buffalo News reports that "Woman charged with using bat to bash man's car."
Posted at 10:02 PM by Howard Bashman


"Scalia, Ginsburg Offer Amendments to the Constitution": Marcia Coyle has this post at "The BLT: The Blog of Legal Times."
Posted at 09:54 PM by Howard Bashman


"Va. Supreme Court rules for U-Va. in global warming FOIA case": Tom Jackman of The Washington Post has this blog entry.

And The Associated Press reports that "Va. Supreme Court backs ex-U.Va. climate researcher."

You can access today's ruling of the Supreme Court of Virginia at this link.
Posted at 08:46 PM by Howard Bashman



"NJ man's handgun case before U.S. Supreme Court on Friday": The Newark Star-Ledger has this report.

And The Washington Times has an article headlined "Supreme Court weighs appeal to concealed-carry gun laws; Considering challenge to New Jersey's 'justifiable need' mandate."
Posted at 08:40 PM by Howard Bashman



"S.F.'s plastic-bag ban clears last legal hurdle": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 08:36 PM by Howard Bashman


"Two justices say high court will likely rule on NSA programs": Lawrence Hurley of Reuters has this report.
Posted at 08:34 PM by Howard Bashman


After deciding to forgo its own request for rehearing of the Ninth Circuit's decision prohibiting a party from striking a juror based on sexual orientation, Abbott Labs. files brief supporting Ninth Circuit's sua sponte consideration of en banc review: You can access the brief that Abbott Laboratories filed today in the U.S. Court of Appeals for the Ninth Circuit at this link.

Also today, SmithKline Beecham Corporation, which prevailed before the three-judge panel, filed this brief opposing en banc review.

My earlier coverage of the three-judge panel's ruling in this case can be accessed here.
Posted at 08:20 PM by Howard Bashman



"Judges question attorneys at gay marriage hearing": The Associated Press has a report that begins, "A judge in Colorado who will play a pivotal role deciding whether gays should be allowed to wed in the United States sharply questioned whether Oklahoma can legally prevent the marriages."

And Kirk Mitchell of The Denver Post has a news update headlined "Federal appeals court considers Oklahoma's gay marriage ban."

Update: The U.S. Court of Appeals for the Tenth Circuit has posted at this link (5.72 MB mp3 audio file) the audio of today's oral argument in the Oklahoma same-sex marriage case.
Posted at 04:47 PM by Howard Bashman



"Tulsa lesbian couple waited decade for day in court on marriage ban": Kirk Mitchell of The Denver Post has this news update.
Posted at 04:16 PM by Howard Bashman


"Guantanamo trial in 9/11 veers off track again": The Associated Press has this report.

And Carol Rosenberg of The Miami Herald reports that "Guantanamo trial delays frustrate 9/11 victims' family members."
Posted at 03:54 PM by Howard Bashman



"Prop 8 lawyer's views on gay marriage evolving": The Associated Press has a report that begins, "The lawyer who argued before the Supreme Court in favor of upholding California's ban on gay marriage learned while he was handling the case that one of his children is gay and now is helping her plan her wedding with another woman."
Posted at 02:24 PM by Howard Bashman


"Cell phone search case is easy call for Supreme Court": Jack Shafer has this essay online at Reuters.
Posted at 02:18 PM by Howard Bashman


"Argentina's fight with bondholders reaches U.S. top court": Lawrence Hurley of Reuters has this report.
Posted at 10:30 AM by Howard Bashman


"Argument preview: Attack ads and the First Amendment." Lyle Denniston of "SCOTUSblog" has this post today.
Posted at 10:28 AM by Howard Bashman


"A $6 Million Legal Bill -- And A Fight For Credit In The Marriage Equality Movement": Chris Geidner of BuzzFeed has this report.
Posted at 10:26 AM by Howard Bashman


"4th Circuit throws open courtroom windows in 'Company Doe' ruling": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.

And The Associated Press reports that "Consumer groups win appeal to reveal Company Doe."

My earlier coverage of yesterday's Fourth Circuit ruling appears at this link.
Posted at 10:24 AM by Howard Bashman



"McCutcheon lawyer brings new campaign finance case": Byron Tau of Politico.com has this report.
Posted at 08:12 AM by Howard Bashman


"Oklahoma case carries on court fight over same-sex marriage; Panel that heard Utah's arguments last week will hear Oklahoma's same-sex marriage case": Marissa Lang has this front page article in today's edition of The Salt Lake Tribune.

In today's edition of The Deseret News, Dennis Romboy has an article headlined "Utah, Oklahoma same-sex marriage cases on parallel track."

In today's edition of The Denver Post, Kirk Mitchell has an article headlined "Colorado's gay marriage ban could hinge on appeals court ruling."

And Emma Margolin of msnbc reports that "Appeals court to hear case for gay marriage in Oklahoma."
Posted at 08:10 AM by Howard Bashman



Wednesday, April 16, 2014

"An Indecent Burial": Linda Greenhouse has this essay online at The New York Times.
Posted at 10:18 PM by Howard Bashman


"Supreme Court case could test future of broadcast TV": Richard Wolf of USA Today has this report.

In the April 15, 2014 issue of Variety, Ted Johnson has a news analysis headlined "Supreme Court Ruling on Aereo Will Be Significant, No Matter Who Wins."

Jordan Crook of TechCrunch reports that "Aereo Shows Off Their Rooftop Antenna Farm Ahead Of Supreme Court Ruling."

Lawrence Hurley and David Ingram of Reuters report that "U.S. Supreme Court's Alito ends recusal in Aereo TV case."

At the "Hollywood, Esq." blog of The Hollywood Reporter, Jonathan Handel has a post titled "Justice Alito Rejoins Aereo Supreme Court Case; All nine Supreme Court Justices will hear oral argument Tuesday in the closely-watched case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Alito rejoins the Court in two cases."
Posted at 09:02 PM by Howard Bashman



"India's Supreme Court Recognizes 3rd Gender": This post appears at the "India Ink" blog of The New York Times.

You can access yesterday's ruling of the Supreme Court of India at this link.
Posted at 08:47 PM by Howard Bashman



"How the President Got to 'I Do' on Same-Sex Marriage": Jo Becker will have this article in this upcoming Sunday's edition of The New York Times Magazine.
Posted at 08:40 PM by Howard Bashman


"Abortion Endures as a Political Tripwire": Online today at The New York Times, Thomas B. Edsall has an essay that begins, "Why is there such a difference in the durability of two foundational issues of American conservatism: gay marriage and abortion?"
Posted at 08:36 PM by Howard Bashman


"Weev Talks About Life In Prison And His Plans To Open A Hedge Fund, TRO LLC": John Biggs has this interview online at TechCrunch.

According to Auernheimer, "I have instructed my counsel not to file a motion for dismissal by cause of double jeopardy if the government brings this case in another jurisdiction. I will gladly litigate this matter again to attack the CFAA a second time, even if the result is another round of imprisonment."
Posted at 07:58 PM by Howard Bashman



"Justice Alito Re-Enters Two Key Business Cases": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 05:46 PM by Howard Bashman


"Round 2: Court takes up Oklahoma gay-marriage case." The Associated Press has this report.

The U.S. Court of Appeals for the Tenth Circuit is scheduled to hear oral argument in the case tomorrow.
Posted at 04:52 PM by Howard Bashman



"US judge overturns 6-week abortion ban": The Associated Press has this report.

And the Center for Reproductive Rights, which brought the challenge, issued a news release titled "Federal Court Permanently Blocks Most Extreme Abortion Ban in the Country; Judge calls North Dakota's ban on abortion at six weeks 'a blatant violation of the constitutional guarantees afforded to all women.'"

You can access today's ruling of the U.S. District Court for the District of North Dakota at this link.

Update: In other coverage, Bloomberg News reports that "North Dakota 'Fetal Heartbeat' Abortion Ban Ruled Illegal."

And at "SCOTUSblog," Lyle Denniston has a post titled "Judge nullifies strictest anti-abortion law."
Posted at 04:50 PM by Howard Bashman



"Court Deportations Drop 43 Percent in Last Five Years": This article will appear in Thursday's edition of The New York Times.
Posted at 04:44 PM by Howard Bashman


"Professor tries for double play in toxic tort case before Supreme Court": Jeremy P. Jacobs of Greenwire has this report today.
Posted at 04:42 PM by Howard Bashman


"House Lawyers Defend 'Speech or Debate'": Zoe Tillman has this post today at "The BLT: The Blog of Legal Times" reporting on an amicus brief filed yesterday in the U.S. Court of Appeals for the Ninth Circuit.
Posted at 01:40 PM by Howard Bashman


"Scalia to Student: If Taxes Get Too High 'Perhaps You Should Revolt.'" Jacob Gershman has this post today at WSJ.com's "Law Blog."
Posted at 01:35 PM by Howard Bashman


"Argument preview: A global search for money." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 01:33 PM by Howard Bashman


"Lavabit held in contempt of court for printing crypto key in tiny font; US attorney: Lavabit 'treated court orders like contract negotiations.'" Joe Silver of Ars Technica has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 01:32 PM by Howard Bashman


"U.S. consumer groups win unsealing of lawsuit over infant death": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 01:30 PM by Howard Bashman


"Diller Goes Big in High Court Gamble on Aereo's Future": Greg Stohr and Alex Barinka of Bloomberg News have this report today.
Posted at 01:26 PM by Howard Bashman


"Bisignano can be on ballot, Iowa Supreme Court rules": Grant Rodgers has this article today in The Des Moines Register.

And at "On Brief: Iowa's Appellate Blog," Ryan Koopmans has a post titled "Iowa Supreme Court splits over what kinds of criminals can vote."

You can access yesterday's ruling of the Supreme Court of Iowa at this link.
Posted at 01:24 PM by Howard Bashman



"Crosses Spark a Constitutional Fight": Jacob Gershman has this article today in The Wall Street Journal.
Posted at 01:18 PM by Howard Bashman


"An update on our press pass": Tom Goldstein has this post today at "SCOTUSblog."
Posted at 01:14 PM by Howard Bashman


"Judge stays most of Ohio gay marriage ruling": The Associated Press has this report.

You can access today's order of the U.S. District Court for the Southern District of Ohio at this link.
Posted at 01:10 PM by Howard Bashman



Programming note: This morning, I am meeting with trial counsel in an appeal on which I am working. Additional posts will appear here this afternoon.
Posted at 08:54 AM by Howard Bashman


"The Tragicomedy of the 9/11 Trial: A report from Guantanamo Bay." Dave Cullen has this essay online at The New Republic.
Posted at 08:03 AM by Howard Bashman


"Supreme Court to consider challenge to law barring campaign falsehoods; The Supreme Court will hear a free-speech challenge to an Ohio state law that prohibits publishing false statements about political candidates": David G. Savage has this article today in The Los Angeles Times.

And The Associated Press reports that "Court to weigh challenge to ban on campaign lies."
Posted at 08:02 AM by Howard Bashman



Tuesday, April 15, 2014

"Liberals and libertarians join forces to defend gay marriage rights": Adam Serwer of msnbc has this report.
Posted at 11:08 PM by Howard Bashman


"Google friends swamp 9th Circuit in 'Innocence of Muslims' case": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 08:42 PM by Howard Bashman


Access online the contents of the April 2014 issue of The Yale Law Journal: At this link.

In this month's issue, law professor Jeremy Waldron has an essay titled "Five to Four: Why Do Bare Majorities Rule on Courts?"

And the issue also contains a feature titled "Federalism as the New Nationalism: A dialogue among a new school of federalism scholars."
Posted at 08:40 PM by Howard Bashman



"Man who disrupted Supreme Court gets time served": The Associated Press has this report.

Lawrence Hurley of Reuters reports that "Man in videotaped protest inside Supreme Court pleads guilty."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court Protester Sentenced to Time Served."
Posted at 08:32 PM by Howard Bashman



"Battle over Argentina's debts heads to Supreme Court": Richard Wolf of USA Today has this report.
Posted at 08:25 PM by Howard Bashman


"Whether a defendant may remove a case a second time based on diversity jurisdiction more than one year after the commencement of the case?" Some readers may recall that on January 24, 2014 the U.S. Court of Appeals for the Third Circuit issued an order granting my clients' petition for permission to appeal presenting that issue.

Today, on behalf of my clients, the plaintiffs in the case, I filed the opening Brief for Appellants.

And for any readers who simply can't get enough when it comes to appeals involving the law school subjects of federal courts and civil procedure, today the U.S. Court of Appeals for the Ninth Circuit issued a decision resolving "whether the federal court in Guam has jurisdiction in disputes exclusively between aliens."
Posted at 06:28 PM by Howard Bashman



"Convicted Murderer Still Has Miranda Rights Case": Courthouse News Service has a report that begins, "A man convicted twice for the same murder can sue the Ventura County Sheriff's Department for failing to read him his rights, the 9th Circuit ruled Tuesday."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Convicted Killer's Civil Rights Suit Reinstated."

Circuit Judge Stephen Reinhardt wrote today's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 06:18 PM by Howard Bashman



"Argument preview: Justices to consider 'truth-in-labeling' fruit juices." Ronald Mann has this post today at "SCOTUSblog."
Posted at 01:30 PM by Howard Bashman


"Prenda On Appeal: Copyright Troll Tactics Challenged in DC Circuit." Corynne McSherry of Electronic Frontier Foundation has this blog post about a case that she and two other attorneys argued yesterday at the U.S. Court of Appeals for the D.C. Circuit.

You can access the audio of yesterday's oral argument via this link (23.1 MB mp3 audio file).
Posted at 01:18 PM by Howard Bashman



"Aereo to Face Uphill Battle in Supreme Court, Experts Say; With broadcasters on one side and the cloud computing business on the other, the stakes are high -- and the case could go either way": Jonathan Handel has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 01:10 PM by Howard Bashman


"U.S. appeals court upholds hazardous air pollution rule": Lawrence Hurley has this report on the per curiam ruling that the majority on a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.

Update: In other coverage, Jeremy P. Jacobs of Greenwire reports that "Federal judges uphold landmark EPA mercury and toxics standards."
Posted at 11:24 AM by Howard Bashman



"According to the plaintiffs, the Senate rule governing filibusters is unconstitutional." But according to the U.S. Court of Appeals for the D.C. Circuit in a ruling issued today, the plaintiffs failed to sue the proper defendant and therefore could not obtain any relief on their claim.

Update: At "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "Suit Challenging Senate Filibuster Rule Fails in D.C. Circuit."
Posted at 11:20 AM by Howard Bashman



"Appellate court strikes down $1 million award in porn case": Today's edition of The Knoxville News Sentinel contains an article (subscription required for full access) that begins, "A federal appeals court Monday struck down a $1 million award of damages to a Greene County teenager against a man who hired prostitutes to have sex with the boy so he could film the encounters."

Circuit Judge Jeffrey S. Sutton wrote yesterday's ruling of the U.S. Court of Appeals for the Sixth Circuit on behalf of a unanimous three-judge panel.
Posted at 10:24 AM by Howard Bashman



Monday, April 14, 2014

"Point Reyes oyster farmer appeals to U.S. high court": Bob Egelko of The San Francisco Chronicle has this news update.

And The Marin Independent Journal has a news update headlined "Drakes Bay Oyster Co. takes fight to U.S. Supreme Court."

You can view at this link the petition for writ of certiorari filed today in the U.S. Supreme Court.
Posted at 11:58 PM by Howard Bashman



"Little-Known Legal Challenge That Could Torpedo Obamacare": Ariane de Vogue has this post today at "The Note" blog of ABC News.
Posted at 11:38 PM by Howard Bashman


"SCOTUSblog on camera: Orin Kerr -- Part five." You can access here the final installment of this video interview.
Posted at 11:36 PM by Howard Bashman


"Media, rights groups urge court to revisit takedown of anti-Muslim YouTube video; Media says decision allows subjects of news events to control coverage": David Kravets of Ars Technica has this report.
Posted at 11:34 PM by Howard Bashman


"U.S. appeals court: conflict minerals rule violates free speech." Reuters has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

Update: In other coverage, Bloomberg News reports that "SEC Conflict Minerals Rule Violates Free-Speech Rights."

Jeremy P. Jacobs of Greenwire reports that "Appeals court strikes down conflict minerals disclosure rule."

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "D.C. Circuit Trims SEC 'Conflict Minerals' Disclosure Rule."
Posted at 01:05 PM by Howard Bashman



"Judge Posner Includes Photograph Of Plaintiff In Banana Costume, 'Which is in the record.'" Josh Blackman has this post discussing a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 01:02 PM by Howard Bashman


"Judge to Ohio: Recognize out-of-state gay marriage." The Associated Press has this updated report.

You can access today's ruling of the U.S. District Court for the Southern District of Ohio at this link.
Posted at 11:42 AM by Howard Bashman



"Secret Drugs, Agonizing Deaths": Megan McCracken and Jennifer Moreno, staff lawyers with the Death Penalty Clinic at the University of California, Berkeley, School of Law, have this op-ed today in The New York Times.
Posted at 10:24 AM by Howard Bashman


"Judge set to issue key Ohio gay marriage ruling": The Associated Press has this report.
Posted at 09:58 AM by Howard Bashman


Sunday, April 13, 2014

"Put Cameras in the Supreme Court: Australia, Canada, and England all allow cameras in their high courts; So should the U.S." S.M. Oliva has this essay online today at Reason.com.
Posted at 10:50 PM by Howard Bashman


"Supreme Court ruling sets off race for bigger donations; Political parties, election lawyers and donors move quickly to capitalize on the Supreme Court's decision striking down overall limits on what wealthy contributors can give": Fredreka Schouten of USA Today has this report.
Posted at 10:44 PM by Howard Bashman


"Legal minds eye quality control for convictions": The Associated Press has this report.
Posted at 10:28 PM by Howard Bashman


"Gun rights may return to Supreme Court's agenda": Richard Wolf of USA Today has this report.
Posted at 10:25 PM by Howard Bashman


"Window opens on secret camp within Guantanamo": The Associated Press has this report.
Posted at 10:22 PM by Howard Bashman


"Orie Melvin appeal to be heard next month in Lawrence County": In yesterday's edition of The Pittsburgh Tribune-Review, Adam Brandolph had an article that begins, "A three-judge Pennsylvania Superior Court panel will hear oral arguments next month on former state Supreme Court Justice Joan Orie Melvin's appeal of her conviction on corruption charges."

And yesterday's edition of The Pittsburgh Post-Gazette contained an article headlined "State Superior Court to hear arguments on Orie Melvin's appeal."
Posted at 09:12 AM by Howard Bashman



"Pennsylvania's U.S. senators in controversial judicial deal": In Wednesday's edition of The Pittsburgh Post-Gazette, Tracie Mauriello had an article that begins, "Pennsylvania progressives are looking to scuttle an apparent backroom deal on judicial nominations that the state's two senators are negotiating."

And today's edition of that newspaper contains an editorial titled "Bench pressed: Activists go political against a prospective judge."
Posted at 09:10 AM by Howard Bashman



Saturday, April 12, 2014

"Supreme Court protects free speech selectively": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 10:44 PM by Howard Bashman


"Scott Walker wants state high court to take up John Doe subpoenas": Patrick Marley and Steve Schultze had this article in yesterday's edition of The Milwaukee Journal Sentinel.

And The Wisconsin State Journal reports that "Scott Walker campaign asks Supreme Court to intervene in 'John Doe' investigation."
Posted at 01:30 PM by Howard Bashman



"Internet TV company Aereo expands ahead of its Supreme Court date": CNBC has this report.

And in tomorrow's edition of The Boston Globe, columnist Scott Kirsner will have an essay headlined "Aereo's $97m question for the Supreme Court: Streaming TV service hinges on court's decision."
Posted at 01:24 PM by Howard Bashman



"Newport Beach hires Citizens United attorney; Theodore Olson, who also worked on Bush vs. Gore, will represent the city in sober-living case": The Daily Pilot of Costa Mesa, California has this report.
Posted at 11:42 AM by Howard Bashman


"Shaun McCutcheon's victory lap": Byron Tau and Kenneth P. Vogel of Politico.com have this report today.
Posted at 11:40 AM by Howard Bashman


"Authors Guild asks US court to rule against Google": The Associated Press has a report that begins, "Saying Google Inc. is stealing business from online book retailers, the Authors Guild asked a federal appeals court Friday to reinstate its lawsuit contending that the Internet giant is violating copyright laws with its massive book digitization project."

You can view a redacted copy of the Brief for Appellants, filed yesterday in the U.S. Court of Appeals for the Second Circuit, at this link.
Posted at 09:50 AM by Howard Bashman



Florida's Fifth District Court of Appeal yesterday issued a ruling in a case described as "SLAPP Happy Dog-Shooter": The "Siouxsie Law" blog had this post about the case back in March 2010.

And in July 2011, "Siouxsie Law" had a related post titled "Court rules in favor of blogger -- Comins v. VanVoorhis."

Yesterday, an intermediate state appellate court located in Daytona Beach, Florida issued a decision affirming the entry of judgment in favor of the blogger. Thanks much to a reader who forwarded a copy of yesterday's ruling in an email stating: "F.Y.I., Florida's 5th DCA opined that a blog was a type of media defendant for the purposes of Florida's defamation laws."
Posted at 09:45 AM by Howard Bashman



"SeaWorld loses appeal in killer-whale case": This front page article appears today in The Orlando Sentinel.

CNN.com reports that "SeaWorld appeal of OSHA citations denied."

And at his "Suits & Sentences" blog, Michael Doyle of McClatchy Washington Bureau has a post titled "Court upholds federal safety ruling at SeaWorld of Florida."

My earlier coverage of yesterday's divided three-judge panel D.C. Circuit ruling can be accessed here.
Posted at 09:36 AM by Howard Bashman



"Andrew Auernheimer's computer hacking conviction is overturned by appeals court": Jerry Markon of The Washington Post has this report. In addition, at the newspaper's "The Switch" blog, Andrea Peterson has a post titled "Hacker/troll 'weev' will walk free; But the court didn't rule on the main issue."

At the "Bits" blog of The New York Times, Nick Bilton has a post titled "Appeals Court Overturns Conviction of AT&T Hacker Known as 'Weev.'"

Brendan Sasso of National Journal reports that "This Hacker Is Getting Out of Jail -- But Not For the Reason His Supporters Hoped; Prosecutors claim 'Weev' stole thousands of email addresses from iPad users."

Russell Brandom of The Verge reports that "The internet's biggest troll just beat his conviction."

At Slate's "Future Tense" blog, Joshua Kopstein has a post titled "Court Overturns Controversial Hacker's Conviction, but Dodges the Hard Question."

And at Forbes.com, Kashmir Hill has a post titled "Weev Freed, But Court Punts On Bigger 'Hacking vs. Security Research' Question."

My earlier coverage of yesterday's Third Circuit ruling appears here and here.
Posted at 09:32 AM by Howard Bashman



"California's POM Wonderful takes on Coke over pomegranate juice": Michael Doyle of McClatchy Washington Bureau has this report.
Posted at 09:22 AM by Howard Bashman


Friday, April 11, 2014

"Booking Video: Aaron Swartz Jokes, Jousts With Cops After MIT Bust." Kevin Poulsen has this post today at Wired.com's "Threat Level" blog.
Posted at 09:54 PM by Howard Bashman


"McCutcheon Breeds Cynicism: When it comes to campaign finance, the public's perception of corruption matters; But what if the public doesn't care?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:48 PM by Howard Bashman


Legal duo of Ted Olson and David Boies file Fourth Circuit brief for appellees arguing that Virginia's same-sex marriage prohibition is subject to heightened scrutiny and cannot be justified: You can access the brief at this link.
Posted at 09:03 PM by Howard Bashman


"Senate Republicans Slow Judicial Confirmation Process": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 04:50 PM by Howard Bashman


"SCOTUSblog on camera: Orin Kerr -- Part four." You can access the new installment of this five-part interview at this link. Presumably Orin's Third Circuit victory today occurred too late for mention in this segment, so stay tuned for part five, which will likely be posted on Monday.
Posted at 01:54 PM by Howard Bashman


"The five extra words that can fix the Second Amendment": Retired Justice John Paul Stevens has this essay online at The Washington Post.
Posted at 01:52 PM by Howard Bashman


"Justice Department defends Soledad cross; Administration says 9th U.S. Circuit Court of Appeals should rehear case": This article appears today in The San Diego Union-Tribune.
Posted at 01:35 PM by Howard Bashman


"Appeals court finds EPA carbon decision reasonable": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:26 PM by Howard Bashman


"Seaworld Loses Appeal of U.S. Ban on Killer Whale Contact": Andrew Zajac of Bloomberg News has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.

And at "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "SeaWorld Loses Appeal in Death of Killer Whale Trainer."

Circuit Judge Brett M. Kavanaugh's dissenting opinion begins:

Many sports events and entertainment shows can be extremely dangerous for the participants. Football. Ice hockey. Downhill skiing. Air shows. The circus. Horse racing. Tiger taming. Standing in the batter's box against a 95 mile per hour fastball. Bull riding at the rodeo. Skydiving into the stadium before a football game. Daredevil motorcycle jumps. Stock car racing. Cheerleading vaults. Boxing. The balance beam. The ironman triathlon. Animal trainer shows. Movie stunts. The list goes on.
Eugene Scalia had argued the appeal for SeaWorld.
Posted at 01:17 PM by Howard Bashman


"U.S. appeals court voids conviction in celebrity iPad hacking": Jonathan Stempel of Reuters has this report.

David Kravets of Ars Technica reports that "Appeals court reverses hacker/troll 'weev' conviction and sentence; Appeals court skirts Computer Fraud And Abuse Act analysis."

The Guardian (UK) reports that "Andrew Auernheimer's conviction over computer fraud thrown out; Lawyers for computer hacker nicknamed 'Weev' were racing to get him out of prison after circuit judge vacated his conviction."

At Wired.com's "Threat Level" blog, Kim Zetter has a post titled "Appeals Court Overturns Conviction of Imprisoned Hacker 'Weev.'"

Gerry Smith of The Huffington Post reports that "Hacker Weev's Chilling Conviction Is Overturned."

At the "Techdirt" blog, Leigh Beadon has a post titled "Appeals Court Reverses Weev Conviction For Incorrect Venue, Avoids Bigger CFAA Questions."

At TechCrunch, Matt Burns has a post titled "Weev Is Free."

And at "Gawker," Michelle Dean has a blog post titled "Andrew 'Weev' Auernheimer's Conviction Thrown Out."

My earlier coverage of today's Third Circuit ruling appears at this link.
Posted at 01:00 PM by Howard Bashman



"Virginia AG files brief supporting gay marriage": The Associated Press has this report.

You can view the brief, filed today in the U.S. Court of Appeals for the Fourth Circuit, at this link.

Update: In other coverage, The Richmond Times-Dispatch has a news update headlined "Herring files brief backing same-sex marriage decision."
Posted at 11:40 AM by Howard Bashman



Weev wins on appeal: The U.S. Court of Appeals for the Third Circuit today issued its ruling in United States v. Auernheimer.

According to the unanimous decision, "Because we conclude that venue did not lie in New Jersey, we will reverse the District Court's venue determination and vacate Auernheimer's conviction."
Posted at 11:28 AM by Howard Bashman



"Justice Alito Talking Baseball": Ed Whelan has this post today at National Review Online's "Bench Memos" blog.
Posted at 11:06 AM by Howard Bashman


"The Narrow (and Proper) Way for the Court to Rule in Hobby Lobby's Favor": Law professors Vikram David Amar and Alan E. Brownstein have this essay online today at Justia's Verdict.
Posted at 10:35 AM by Howard Bashman


"Gummy bear loses latest round in copyright fight": Apparently the court rejected its position as too squishy. The Associated Press has this report.
Posted at 10:28 AM by Howard Bashman


"Bopp doesn't always score at Supreme Court": Maureen Groppe has this article in today's edition of The Indianapolis Star.
Posted at 07:58 AM by Howard Bashman


"Has the Roberts court placed landmark 1964 civil rights law on a hit list?" John Blake of CNN.com has this report.
Posted at 07:56 AM by Howard Bashman


Thursday, April 10, 2014

"U.S. Supreme Court Justice Sotomayor talks about her memoir at Seton Hall": The Record of Hackensack, New Jersey has this report.
Posted at 10:23 PM by Howard Bashman


"NOLA.com | The Times-Picayune turns over information under court order": The Times-Picayune of New Orleans has this news update.
Posted at 10:22 PM by Howard Bashman


"Utah and same-sex marriage: Issues on appeal." Lyle Denniston has this post tonight at "SCOTUSblog."
Posted at 10:20 PM by Howard Bashman


"CIA's use of harsh interrogation went beyond legal authority, Senate report says": Ali Watkins, Jonathan S. Landay, and Marisa Taylor of McClatchy Washington Bureau today have a report that begins, "A still-secret Senate Intelligence Committee report calls into question the legal foundation of the CIA's use of waterboarding and other harsh interrogation techniques on suspected terrorists, a finding that challenges the key defense on which the agency and the Bush administration relied in arguing that the methods didn't constitute torture."
Posted at 10:14 PM by Howard Bashman


"U.S. Court Seems Split on Utah Gay Marriage Ban": Jack Healy will have this article in Friday's edition of The New York Times.
Posted at 08:24 PM by Howard Bashman


"Williams v. Johnson: A neglected cert petition on a very troubling issue." Will Baude has this post today at "The Volokh Conspiracy."

My original post noting the Ninth Circuit's ruling can be accessed here.
Posted at 04:55 PM by Howard Bashman



"We hold that the Sixth Amendment requires reasonable accommodations for hearing-impaired criminal defendants during judicial proceedings and that such accommodations must be commensurate with the severity of the hearing impairment." So ruled a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit in a decision issued today.
Posted at 04:45 PM by Howard Bashman


"SCOTUSblog on camera: Orin Kerr -- Part three." Perhaps it's time to start feeling sad, as only two parts of this interview remain after today's installment.
Posted at 04:22 PM by Howard Bashman


Access online the audio of today's oral argument of the U.S. Court of Appeals for the Tenth Circuit in Kitchen v. Herbert, No. 13-4178: Via this link (11.1MB mp3 audio file).
Posted at 02:57 PM by Howard Bashman


"Appeals court appears split on Utah's same-sex marriage case": Brooke Adams and Marissa Lang of The Salt Lake Tribune have this news update.

Kirk Mitchell of The Denver Post has a news update headlined "10th Circuit arguments on gay marriage ban focus on family and fairness."

Robert Barnes of The Washington Post reports that "Appeals court hears arguments on same-sex marriage ban."

Richard Wolf of USA Today reports that "Appeals court appears divided on same-sex marriage."

The Associated Press reports that "Judges hearing gay marriage case appear divided."

Joan Biskupic of Reuters reports that "Appeals court hears case testing gay-marriage rights."

Joel Rosenblatt and Andrew Harris of Bloomberg News report that "Utah Gay-Marriage Ban Questioned by U.S. Appellate Judges."

And Chris Geidner of BuzzFeed reports that "Federal Appeals Court Hears Arguments Over Utah's Same-Sex Marriage Ban; The three judges hearing the case heard more than an hour of arguments, with two of them leaning toward striking down the state's ban."
Posted at 01:25 PM by Howard Bashman



"U.S. legal fight over same-sex marriages enters new round": Joan Biskupic of Reuters has this report.

Andrew Harris and Joel Rosenblatt of Bloomberg News report that "Utah Gay-Marriage Appeal Seen as Supreme Court Rehearsal."

And Jack Healy of The New York Times has a news update headlined "Federal Court to Consider Utah Ban on Same-Sex Marriage."
Posted at 01:10 PM by Howard Bashman



"All eyes focused on the 10th Circuit Court": Dennis Romboy of The Deseret News has this report.

And Marissa Lang of The Salt Lake Tribune has an article headlined "Rainbow rally calls for equality on eve of same-sex marriage hearing; 10th Circuit Court will hear Utah case Thursday."

Today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit is scheduled to begin at noon eastern time in Denver.
Posted at 08:30 AM by Howard Bashman



Wednesday, April 9, 2014

"The Supreme Court Confirmation Process": Gerard N. Magliocca has this blog post today at "Balkinization."
Posted at 10:08 PM by Howard Bashman


"University challenges athlete unionization": Lyle Denniston has this post tonight at "SCOTUSblog."
Posted at 10:05 PM by Howard Bashman


"Miami Herald Protests New 'Culture Of Censorship' At Guantanamo": Ryan J. Reilly and Michael Calderone of The Huffington Post have this report.
Posted at 10:04 PM by Howard Bashman


"Utah asks appeals court to block judge's orders in adoption cases; Department of Health refused to issue new birth certificate for same-sex couple's child": Brooke Adams of The Salt Lake Tribune has this news update.
Posted at 09:57 PM by Howard Bashman


"Court: Ganim still can't practice law." The Connecticut Post of Bridgeport has a news update that begins, "Joseph Ganim might run for mayor again, but he'd have to do it without a law license."

Edmund H. Mahony of The Hartford Courant has a news update headlined "High Court Dashes Ganim's Efforts To Resume Law Practice."

And The Associated Press reports that "Ex-Bridgeport Mayor Ganim's bid for law license denied by Connecticut Supreme Court."

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



"Supreme Court weighing when online speech becomes illegal threat; High court has never defined online 'speech crime'": David Kravets of Ars Technica has this report today.
Posted at 08:40 PM by Howard Bashman


"Gay marriage appeals move issue back toward high court": Richard Wolf of USA Today has this report.
Posted at 08:37 PM by Howard Bashman


"Comcast Points to Appeals Court Rulings at Hearing on Merger": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 08:14 PM by Howard Bashman


"5th Amendment trumps 1st in prosecution involving unnamed commenters": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.

Although yesterday the U.S. Court of Appeals for the Fifth Circuit issued an unpublished ruling denying The Times-Picayune's petition for writ of mandamus, today the newspaper has filed a motion asking the Fifth Circuit for a stay of the district court's order pending appeal.
Posted at 05:34 PM by Howard Bashman



"SCOTUSblog on camera: Orin Kerr -- Part two." If you weren't among the lucky few who got to visit with Orin in New Orleans earlier this week, you can now visit with him on YouTube, as "SCOTUSblog" has posted online at this link the second part of its five-part interview.
Posted at 05:17 PM by Howard Bashman


"Gangster rap lyrics stir debate at NJ Supreme Court": The Newark Star-Ledger has this news update.

Sometime soon, the video of today's New Jersey Supreme Court oral argument should be available for on-demand viewing via this link.
Posted at 05:14 PM by Howard Bashman



"Hillary Clinton knocks Supreme Court's campaign finance decisions": CNN.com has this blog post.
Posted at 05:10 PM by Howard Bashman


"Are Court Stenographers Necessary?" The New York Times has posted online this "Room for Debate" discussion.
Posted at 04:18 PM by Howard Bashman


"Kasich says state should fight gay-marriage ruling": The Columbus (Ohio) Dispatch has this report.
Posted at 04:16 PM by Howard Bashman


"Same-sex marriage battle escalates to force Supreme Court decision on constitutionality": Robert Barnes of The Washington Post has this news update.
Posted at 04:12 PM by Howard Bashman


"The High Cost of Free Speech": Thomas B. Edsall has this essay online today at The New York Times.
Posted at 02:15 PM by Howard Bashman


Recently arrived in the mail: Today's mail contained a review copy of professor Austin Sarat's book, "Gruesome Spectacles: Botched Executions and America's Death Penalty."

And a few days ago, I received the newly revised Second Edition of Ross Guberman's book, "Point Made: How to Write Like the Nation's Top Advocates."
Posted at 02:11 PM by Howard Bashman



"Wild-card 10th Circuit judge is deciding vote in gay marriage cases": This article appeared in Sunday's edition of The Denver Post.
Posted at 01:34 PM by Howard Bashman


"Two moms, a baby and a legal first for U.S. gay marriage": Joan Biskupic of Reuters has a report that begins, "Last month a baby in Tennessee made history: Emilia Maria Jesty was the first child born in the state to have a woman listed on the birth certificate as her 'father.'"
Posted at 01:11 PM by Howard Bashman


"Gay marriage's win streak tested in higher court": The Associated Press has a report that begins, "The gay marriage movement's winning streak faces its greatest test yet in Denver this week."
Posted at 01:10 PM by Howard Bashman


"In this case the EEOC sued the defendants for using the same type of background check that the EEOC itself uses." So begins a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 01:02 PM by Howard Bashman


"Supreme Court to Decide Whether All Evidence Supporting Removal Under the Class Action Fairness Act Must Be Submitted With The Notice of Removal": Donald Falk has this post at Mayer Brown's "Class Defense" blog.
Posted at 09:46 AM by Howard Bashman


"Unofficial Enforcer of Ruling on Race in College Admissions": Adam Liptak had this new installment of his "Sidebar" column in yesterday's edition of The New York Times.
Posted at 09:44 AM by Howard Bashman


"Prosecutor will appeal need for warrant for GPS": The Columbus (Ohio) Dispatch has this report.
Posted at 09:42 AM by Howard Bashman


"Denver appeals court to hear arguments on Utah's same-sex ban; Utah is appealing a federal judge's ruling that Amendment 3 is unconstitutional": Brooke Adams has this article in today's edition of The Salt Lake Tribune.
Posted at 08:10 AM by Howard Bashman


"Violent rap lyrics to take center stage at NJ Supreme Court": The Newark Star-Ledger has this report. Only time will tell whether this will spur other appellate courts to play walk-on music as the judges or justices take the bench.
Posted at 08:07 AM by Howard Bashman


Tuesday, April 8, 2014

"Don't rush to judge Supreme Court on gay rights or religious rights": Michael McGough has this essay online at The Los Angeles Times.
Posted at 10:44 PM by Howard Bashman


"SCOTUSblog on camera: Orin Kerr -- Part one." "SCOTUSblog" has posted online this video today, the first in a five-part series.
Posted at 10:16 PM by Howard Bashman


"Injunction granted in court fight over new Arizona abortion rules": Howard Fischer of The Arizona Daily Star has this news update.

And The Associated Press reports that "Court extends stay on new Arizona abortion rules."

You can access today's order of a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:12 PM by Howard Bashman



"John Roberts gets the parties started": Jake Sherman and Anna Palmer of Politico.com have this report today.
Posted at 10:08 PM by Howard Bashman


"'Copyright troll' Prenda Law completely bombs at appeals court; Appellate judge is shocked as Prenda's own lawyer can't unwind the 'shell game'": Joe Mullin of Ars Technica has this report.

My earlier coverage of yesterday's Seventh Circuit oral argument (5.56MB mp3 audio file) appears at this link.
Posted at 10:05 PM by Howard Bashman



"U.S. defends cross, but urges delay": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 10:02 PM by Howard Bashman


"Sotomayor Stresses Relationships, Public Service in Georgetown Talk": Georgetown University posted online last week this report with accompanying video.
Posted at 10:00 PM by Howard Bashman


"Same-sex marriage advocates making more noise than traditional marriage supporters": Dennis Romboy of The Deseret News has this report.
Posted at 09:56 PM by Howard Bashman


"Florida Supreme Court will define sex": The Florida Times-Union of Jacksonville has this report today.
Posted at 09:55 PM by Howard Bashman


"Obama admin, company align against N.C. dump's neighbors in Supreme Court showdown": Jeremy P. Jacobs of Greenwire has this report.
Posted at 09:54 PM by Howard Bashman


Programming note: Due to an event that I am attending out of the office this afternoon, additional posts will appear here this evening.
Posted at 01:34 PM by Howard Bashman


"The majority opinion creates a square circuit conflict over whether allegedly erroneous career-offender designations in particular * * * are cognizable on a 28 U.S.C. sec, 2255 petition for collateral review." So states Circuit Judge J. Harvie Wilkinson III in dissent from a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 01:22 PM by Howard Bashman


"Thomas alone on campaign finance?" Law professor Rick Hasen, author of the "Election Law Blog," has this essay today in The Daily Journal, a California-based legal newspaper.

And online today at The Guardian (UK), Hasen has an essay titled "How to reverse a supreme court attack on democracy: fight for voting rights; John Roberts' wrecking ball got you mad as hell? Don't take his court's electoral destruction for granted anymore."
Posted at 12:58 PM by Howard Bashman



"U.S. justice requests generics respond in Copaxone litigation": Lawrence Hurley of Reuters has this report.
Posted at 12:48 PM by Howard Bashman


"How to Secede From the Union, One Judicial Vacancy at a Time; By refusing to help fill the nation's empty trial benches, some senators are intentionally creating a vacuum of federal legal authority": Andrew Cohen has this essay online today at The Atlantic.
Posted at 12:43 PM by Howard Bashman


"Ex-Blackwater Guard Wins Challenge of Manslaughter Indictment": At "The BLT: The Blog of Legal Times," Zoe Tillman has a post that begins, "A federal appeals court in Washington handed the U.S. Department of Justice a loss Monday in its revived prosecution of former private security guards charged with killing Iraqi civilians in 2007."
Posted at 11:11 AM by Howard Bashman


"As to nonresident attorneys, however, [New York law] mandates that they shoulder the additional obligation to maintain some sort of separate office premises within the state." Attorney Ekaterina Schoenefeld's pro se challenge under the Privileges and Immunities Clause of Article IV, section 2 of the U.S. Constitution to this aspect of New York law resulted today in a ruling from the U.S. Court of Appeals for the Second Circuit certifying a question to the Court of Appeals of New York, that state's highest court.

Today's result was not a clear victory for Schoenefeld, as the federal district court had ruled in her favor, holding that this requirement of New York law was unconstitutional because it imposed an impermissible burden on her fundamental right to practice law in New York state.
Posted at 10:40 AM by Howard Bashman



"Rep.: Impeach judge who will overturn gay marriage ban." The Cincinnati Enquirer has this report.
Posted at 10:28 AM by Howard Bashman


"Do states have to disclose lethal injection drugs? Supreme Court refuses case; The rejected appeal to the Supreme Court involved a Louisiana inmate; Some states have developed alternative lethal injection protocols amid difficulties in obtaining the drug pentobarbital." Warren Richey of The Christian Science Monitor has this report.
Posted at 10:27 AM by Howard Bashman


"Jurisprudential Jousting With a Supreme Court Justice; Supreme Court Justice Antonin Scalia on stage with Judge Andrew Napolitano": David Shapiro has this article in today's edition of The Wall Street Journal.
Posted at 10:26 AM by Howard Bashman


"Facebook Case Tests Scope of 'True Threat'": Michelle Olsen has this post today at her "Appellate Daily" blog.
Posted at 10:22 AM by Howard Bashman


"Utah same-sex marriage debate shifts to appeals court Thursday": Dennis Romboy has this article in today's edition of The Deseret News.

And The Salt Lake Tribune reports today that "Utahns' give heartfelt send-off to couples in same-sex marriage case; Plaintiffs and their lawyers are on their way to Denver to make their case before the 10th Circuit Court of Appeals."
Posted at 08:20 AM by Howard Bashman



"Seventh Circuit hears arguments in Prenda attorneys' appeal over $261K sanction order; judge says Lightspeed record is 'troublesome'": The Madison-St.Clair Record has this report.

And at the "fedcivilprocedure" blog, Edward X. Clinton, Jr. has a post titled "Prenda Law Appeal Goes Poorly In Seventh Circuit."

You can access at this link (5.56MB mp3 audio file) the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 08:14 AM by Howard Bashman



"High court declines photographer's appeal in gay marriage case": This article appears today in The Washington Times.
Posted at 07:56 AM by Howard Bashman


"Court Questions Effort to Desegregate Schools in Cleveland, Miss.; Case Concerning Nearly All-Black Schools in Mississippi City Has Dragged on Since 1965": Jess Bravin has this article today in The Wall Street Journal.
Posted at 07:55 AM by Howard Bashman


Monday, April 7, 2014

"Who Deserves Religious Liberty? What Ross Douthat gets wrong about the Hobby Lobby and gay wedding photography cases." Emily Bazelon has this jurisprudence essay online today at Slate.
Posted at 09:56 PM by Howard Bashman


"We win!" Courthouse News Service reports: The publication has an article headlined "Ninth Circuit Rules for CNS on First Amendment Challenge."

My earlier coverage of today's Ninth Circuit ruling appears at this link.
Posted at 09:54 PM by Howard Bashman



"Fed. Circ. Won't Nix GM, Chrysler Dealers' Takings Suits": Law360 has a report (subscription required for full access) that begins, "The Federal Circuit on Monday refused to dismiss suits accusing the government of ordering General Motors Corp. and Chrysler LLC to renege on franchise contracts with car dealerships as part of bailout and restructuring deals, ruling the plaintiffs might be able to show economic loss."

You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 09:52 PM by Howard Bashman



"Opening the political money chutes": Law professor Richard L. Hasen, author of the "Election Law Blog," has this essay online at Reuters.
Posted at 05:11 PM by Howard Bashman


"Now He Tells Us: John Paul Stevens Wants to Abolish the Death Penalty; The retired Supreme Court justice would like to add five words to the Eight Amendment and do away with capital punishment in America; It's a shame he didn't vote that way during his 35 years on the Supreme Court." Andrew Cohen has this essay online today at The Atlantic.
Posted at 02:58 PM by Howard Bashman


"Justices Decline Cases on Gay Rights and Campaign Finance": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court will not review New Mexico gay commitment ceremony photo case."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court won't hear appeal of New Mexico gay-bias case."

Richard Wolf of USA Today reports that "Supreme Court won't hear case on gay wedding snub."

Warren Richey of The Christian Science Monitor reports that "Supreme Court declines case of photographer snubbing gay ceremony; The Supreme Court refusal lets stand a series of court rulings in New Mexico finding that the photographer violated a state law that bars discrimination based on sexual orientation."

Bill Mears of CNN.com reports that "Justices reject review of case concerning religious liberty in the marketplace."

And Josh Gerstein of Politico.com has a blog post titled "SCOTUS won't hear gay-marriage photography case."
Posted at 01:52 PM by Howard Bashman



"Otis McDonald, Civil Rights Hero and Second Amendment Champion, 1933-2014": Damon Root has this post today at Reason.com's "Hit & Run" blog.
Posted at 01:44 PM by Howard Bashman


"Courthouse News Sues Ventura Court Clerk Over Press Access": Back in September 2011, Courthouse News Service had this report.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a decision reversing a federal district court's dismissal of that lawsuit before reaching the merits.
Posted at 01:42 PM by Howard Bashman



"Utah attorneys fighting for gay marriage are used to winning; As they brace for the next round, attorneys fighting Utah's same-sex marriage ban look to chalk up another victory": Brooke Adams has this front page article in today's edition of The Salt Lake Tribune.

The newspaper also contains an article headlined "Utah's lawyers have resume and resolve to defend traditional marriage; Trio are committed to the cause, not just because it's their job to defend Amendment 3."

And The Associated Press has a report headlined "Face of gay marriage in Utah an unlikely pair."
Posted at 01:32 PM by Howard Bashman



"San Jose Takes Its Hacks Against Baseball; City Challenges MLB's Antitrust Exemption in Effort to Help Oakland Athletics Relocate": Brent Kendall has this article today in The Wall Street Journal.
Posted at 01:28 PM by Howard Bashman


"The Only Form Of Corruption The Supreme Court Cares About Is Almost Impossible To Prosecute": Ryan J. Reilly and Paul Blumenthal of The Huffington Post have this report today.

And at his blog "Jost On Justice," Kenneth Jost has a post titled "Court Opens Door to Yet More Money in Politics."
Posted at 09:40 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 new case.

In early news coverage, The Associated Press reports that "Supreme Court to hear class-action dispute"; "High declines appeal over NM gay bias case"; "High court rejects new campaign finance case"; "Court rejects early appeal of surveillance ruling": and "Court declines to hear dispute over Mich. mine."

Lawrence Hurley of Reuters reports that "Supreme Court declines free speech, gay marriage case"; "Supreme Court declines early look at NSA surveillance case"; and "Supreme Court declines to hear Iowa campaign finance challenge."

Greg Stohr of Bloomberg News reports that "Wedding Photographer Rebuffed by Top Court on Same-Sex Ceremony" and "Corporate Contribution Ban Left Intact by U.S. Supreme Court."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court denies case on refusal of gay customers."
Posted at 09:34 AM by Howard Bashman



"Lawsuit targets use of warrantless NSA wiretaps in criminal prosecutions; A Colorado man is the first person to challenge the constitutionality of a law allowing the National Security Agency to tap foreign phone and email conversations that involve Americans": Ken Dilanian has this front page article today in The Los Angeles Times.
Posted at 07:49 AM by Howard Bashman


Sunday, April 6, 2014

"Hannitys on the Bench: Right-wing judges are recycling sound bites from Fox News -- and might still destroy Obamacare." Simon Lazarus has this essay online today at The New Republic.
Posted at 10:46 PM by Howard Bashman


"The human equation: 16 gay Utahns, 8 marriages, 1 theme: love; Stakes are high and personal for these couples and thousands more." Brooke Adams has this front page article today in The Salt Lake Tribune.
Posted at 10:44 PM by Howard Bashman


"Otis McDonald, 1933-2014: Fought Chicago's gun ban; Man who fought Chicago gun ban felt rights had been taken from African-Americans." This obituary appears in The Chicago Tribune.

And The Associated Press reports that "Otis McDonald, lead plaintiff in U.S. Supreme Court case tossing city's handgun ban, dies at 80."
Posted at 10:37 PM by Howard Bashman



"Obama's opportunities to shape Supreme Court fade": Richard McGregor of Financial Times has this report. You can freely access the full text of the article via Google.
Posted at 10:25 PM by Howard Bashman


"Departing White House Counsel Held Powerful Sway": Charlie Savage will have this article in Monday's edition of The New York Times.
Posted at 10:03 PM by Howard Bashman


"Legal showdown looms on cellphone privacy": The Record of Hackensack, New Jersey has an article that begins, "As new technology continues to collide with privacy rights, the U.S. Supreme Court is set to hear arguments this month in two cases involving police searches of cellphones that could have a major impact on the privacy of everyone who carries a mobile device."
Posted at 10:30 AM by Howard Bashman


"It was 9 p.m. on Oct. 9, 1950, and the home of a federal judge was under attack." So reports a front page article headlined "Charleston civil rights hero stood against the entire South" that appears in today's edition of The Post and Courier of Charleston, South Carolina.
Posted at 08:54 AM by Howard Bashman


"Del. judiciary: Women lack key seats." This front page article appears today in The News Journal of Wilmington, Delaware.
Posted at 08:50 AM by Howard Bashman


"NRA's quest to expand gun rights takes it to court": The Associated Press has this report.
Posted at 08:45 AM by Howard Bashman


"CTS contamination case headed to Supreme Court; Buncombe residents want to see contamination cleanup around long-closed manufactuer": This front page article appears today in The Asheville (N.C.) Citizen-Times.
Posted at 08:44 AM by Howard Bashman


Saturday, April 5, 2014

"Judge Dismisses Suit Against Administration Officials Over Drone Strikes": Charlie Savage has this article today in The New York Times.

In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Judge Rejects Lawsuit Over U.S. Drone Strikes in Yemen; Suit Filed by Relatives of Victims Against U.S. Officials."

Pete Yost of The Associated Press reports that "Suit over deadly drone strikes is tossed by judge."

Bloomberg News reports that "Drone Strike Suit Over U.S. Citizen Deaths Dismissed."

Reuters reports that "Lawsuit over American drone strikes dismissed by U.S. judge."

And Josh Gerstein of Politico.com has a blog post titled "Judge tosses lawsuit over drone deaths of Americans."

You can access yesterday's ruling of the U.S. District Court for the District of Columbia at this link.
Posted at 10:24 PM by Howard Bashman



"Secrecy surrounds execution drugs in most states": The Associated Press has this report.
Posted at 04:36 PM by Howard Bashman


"How a wedding cake became a cause": The Associated Press has this report.
Posted at 04:35 PM by Howard Bashman


"Judge who first wrote separate is not equal lauded": The Associated Press has this report.

And in related coverage, The Charleston (S.C.) Post and Courier has an article headlined "Judge Waring and Briggs case topic of Charleston public forum."
Posted at 04:33 PM by Howard Bashman



"Is a Corporation Like a Church?" Kiel Brennan-Marquez has this blog post online today at The New Yorker.
Posted at 01:25 PM by Howard Bashman


"Who is Judge Timothy Black?" In today's edition of The Cincinnati Enquirer, Kimball Perry has an article that begins, "The judge who indicated Friday he likely will strike down Ohio's ban on gay marriage has a family with a long legal history in Hamilton County."
Posted at 01:20 PM by Howard Bashman


"One Dollar, One Vote": Law professor David Cole has this blog post online at The New York Review of Books.
Posted at 01:00 PM by Howard Bashman


"A Stupid Senate Tradition Could Force Obama To Put A Tea Party Judge On The Federal Bench": Ian Millhiser has this post today at ThinkProgress.
Posted at 12:57 PM by Howard Bashman


Major League Baseball has filed its Brief for Appellees in City of San Jose vs. Commissioner of Baseball: You can view the brief, filed yesterday in the U.S. Court of Appeals for the Ninth Circuit, at this link.
Posted at 09:36 AM by Howard Bashman


"Senate's findings on CIA interrogations likely to become roadmap for litigation": Michael Doyle and Marisa Taylor of McClatchy Washington Bureau have this report.
Posted at 09:00 AM by Howard Bashman


"Republicans See Opening to Ask Court to Void More Campaign Limits; Supreme Court's Conservatives Suggest They Might Strike Down All Curbs on Donations to Candidates": Brody Mullins, Jess Bravin, and Patrick O'Connor have this article today in The Wall Street Journal.
Posted at 08:57 AM by Howard Bashman


"California Supreme Court headed for change; If Gov. Jerry Brown is reelected, he may have several opportunities to change the makeup of the long-GOP-dominated court as aging jurists retire": Maura Dolan has this front page article today in The Los Angeles Times.
Posted at 08:32 AM by Howard Bashman


Friday, April 4, 2014

"All Eyes on Obama: Obama needs to put his money where his mouth is on campaign finance reform." Law professors Bruce Ackerman and Ian Ayres have this jurisprudence essay online at Slate.
Posted at 09:44 PM by Howard Bashman


"Kosher hot dog case presents a real constitutional pickle": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 09:32 PM by Howard Bashman


"University of Notre Dame asks full 7th Cir. to hear contraception case": Legal Times has this tweet linking to the rehearing petition filed today.
Posted at 05:02 PM by Howard Bashman


"Ruling Sets Off a Bipartisan Rush for Campaign Cash": Nicholas Confessore will have this article in Saturday's edition of The New York Times.
Posted at 04:46 PM by Howard Bashman


Inmate's shackles and prison uniform at trial necessitate new trial in excessive force case against prison guards: Circuit Judge Richard A. Posner issued this ruling today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 04:25 PM by Howard Bashman


"Memory Card Cartel Claims Revived": Pamela A. MacLean has this post at her "Trial Insider" blog reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 04:20 PM by Howard Bashman


"Judge: Ohio must recognize out-of-state gay marriages." The Cincinnati Enquirer has this news update.

Bloomberg News reports that "Ohio Out-Of-State Gay Union Recognition Gets Judge's Nod."

The Associated Press reports that "Judge strikes down part of Ohio gay marriage law."

And Reuters reports that "Judge plans to strike Ohio same-sex marriage ban."

You can access today's minute order of the U.S. District Court for the Southern District of Ohio at this link.
Posted at 04:06 PM by Howard Bashman



"Legislation Follows Supreme Court's Campaign Finance Ruling": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 03:44 PM by Howard Bashman


"Obama now outpacing George W. Bush on judges": Edward-Isaac Dovere of Politico.com has this report.
Posted at 03:16 PM by Howard Bashman


Quite a day for meaty appellate issues: Jonathan Stempel of Reuters has an article headlined "Lawsuit over Hebrew National hot dogs is revived" that begins, "A year after ConAgra Foods Inc won the dismissal of a lawsuit claiming that its Hebrew National hot dogs were not kosher, a higher authority has given the case new life." You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.

And Andrew Zajac of Bloomberg News reports that "Meat Labeling Case to Be Reheard by Full U.S. Appeals Court." You can access today's order of the U.S. Court of Appeals for the D.C. Circuit granting rehearing en banc at this link. One week ago today, a unanimous three-judge D.C. Circuit panel issued a decision in the case containing a footnote recommending en banc review. My coverage of that ruling appeared in a post titled "Know your cuts of meat."
Posted at 02:35 PM by Howard Bashman



"Legal victory for big-money campaign donors to be felt in states, courts": Lawrence Hurley and Gabriel Debenedetti of Reuters have this report today.
Posted at 11:11 AM by Howard Bashman


"Is it Clarence Thomas's court?" Ben Goad has this blog post today at The Hill.
Posted at 11:09 AM by Howard Bashman


"Cynicism in Public Life Contest, John Roberts Edition; Life tenure in any public post is bad public policy, and other implications of the latest Supreme Court rulings": James Fallows has this essay online today at The Atlantic.
Posted at 10:34 AM by Howard Bashman


Thursday, April 3, 2014

"Rogue alcoholic court reporter kept writing 'I hate my job'": This article appears today in The New York Post.

And Friday's edition of The New York Times will contain an article headlined "Stenographer, Fired Over Drinking Problem, Left Headaches for Appellate Courts."
Posted at 11:14 PM by Howard Bashman



Plaintiff in Garcia v. Google has filed her response in opposition to Google and YouTube's petition for rehearing en banc: You can access the response, filed today in the U.S. Court of Appeals for the Ninth Circuit, at this link.
Posted at 11:09 PM by Howard Bashman


"John Paul Stevens: By the Book." This interview will appear in the Sunday Book Review section of this Sunday's edition of The New York Times.
Posted at 10:18 PM by Howard Bashman


"Ohio Silences Political Speech, Gets Hauled Before Supreme Court": Damon Root has this essay at Reason.com.
Posted at 10:12 PM by Howard Bashman


"Scant evidence of threats to execution drugmakers": The Associated Press has a report that begins, "Texas prison officials have offered scant evidence to support their claim that pharmacies that supply the state with execution drugs would be in danger of violence if their identities were made public."
Posted at 10:03 PM by Howard Bashman


"U.S. court voids $920 million DuPont award in Kevlar case": Jonathan Stempel of Reuters has this report.

The Associated Press reports that "Appeals court overturns $920M award to DuPont."

And Bloomberg News reports that "DuPont's $920 Million Verdict in Kolon Kevlar Case Tossed."

You can access here and here today's two related rulings of the U.S. Court of Appeals for the Fourth Circuit in this matter.
Posted at 09:58 PM by Howard Bashman



"Supreme Court rules for NWA in frequent flier dispute; A Minnesota man was removed from the WorldPerks program for excessive complaints": This article appears today in The Minneapolis Star Tribune.
Posted at 09:44 PM by Howard Bashman


"Supreme Court Justice Sotomayor: 'Sometimes You Have To Do the Unexpected.'" Der Spiegel has posted online this interview.
Posted at 09:35 PM by Howard Bashman


"Yelp Reviews Brew a Fight Over Free Speech vs. Fairness; Many Businesses Say Anonymity of Comments Is Unfair, Sue to Unmask Users": The Wall Street Journal contains this article today.
Posted at 09:32 PM by Howard Bashman


"Gay marriage ruling a turning point in lives, careers": This front page article appears today in The Des Moines Register.

And yesterday's newspaper contained an article headlined "Gay marriage ruling resonated beyond Iowa."
Posted at 09:30 PM by Howard Bashman



"Did Judge Calabresi violate the Judicial Code of Conduct?" Jonathan H. Adler has this post today at "The Volokh Conspiracy."
Posted at 09:23 PM by Howard Bashman


"The Volokh Conspiracy Is Out To Get You -- And Everyone in America: Run by a Soviet Jewish legal scholar, the blog took on the ACA and is now hosted by the 'Washington Post.'" Yair Rosenberg has this article online at Tablet magazine.
Posted at 09:18 PM by Howard Bashman


"Supreme Court will hear Chevron appeal in Ecuador environmental damages case": The Canadian Press has a report that begins, "The Supreme Court of Canada has agreed to hear an oil company's appeal of a lower court decision that allowed a group of Ecuadorian villagers to seek billions in damages for environmental pollution."
Posted at 08:32 PM by Howard Bashman


"New York Can Block Religious Services in Schools, Appeals Panel Rules": Friday's edition of The New York Times will contain an article that begins, "A federal appeals panel ruled on Thursday that New York City can bar religious groups from holding services in schools, reversing a lower-court decision."

The New York Post has a news update headlined "Churches blocked from hosting events in public schools."

The New York Daily News has an update headlined "City's right to ban religious services from public school buildings is upheld by federal appeals court; The U.S. 2nd Circuit Court of Appeals reversed a 2012 ruling by a lower court; The panel said the city's 'prohibition was consistent with its constitutional duties.'"

The Associated Press has a report headlined "Court: NYC can ban church service in public school."

Reuters reports that "Appeals court upholds NYC ban on worship services in schools."

And Bloomberg News reports that "Churches' Use of New York City Schools Reversed on Appeal."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 08:30 PM by Howard Bashman



"Neither man nor woman: Norrie wins gender appeal." The Sydney Morning Herald has this report on a ruling that the High Court of Australia, that nation's highest court, issued yesterday.
Posted at 08:14 PM by Howard Bashman


"Ruling's Breadth Hints That More Campaign Finance Dominoes May Fall": Adam Liptak will have this article in Friday's edition of The New York Times.

Sahil Kapur of TPM DC reports that "John Roberts Lays The Groundwork To Wipe Out Campaign Finance Limits."

Scott Bland and Alex Roarty of National Journal have a report headlined "The End of Campaign Finance Reform? Wednesday's Supreme Court ruling is limited, but could lead to further rollbacks in regulations."

At Politico.com, Josh Gerstein has a report headlined "John Roberts's rules of money in politics." And Alexander Burns has a report headlined "Big money's grip stronger than ever."

At the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Constitution Check: What will the next challenges be to limits on money in politics?"

Online at The New Yorker, Jeffrey Toobin has a blog post titled "The John Roberts Project."

Online at Reuters, law professor Jeffrey Rosen has an essay titled "McCutcheon: Should the rich speak louder?"

Online at The New Republic, Alec MacGillis has an essay titled "The Stunning Chutzpah of the Supreme Court's New Elimination of Campaign Contribution Limits."

Law professor Eric Posner has a blog post titled "McCutcheon as a tax on millionaires."

And "SCOTUSblog" is hosting a McCutcheon symposium (scroll down).
Posted at 07:55 PM by Howard Bashman



"The Court in the World: The First Annual Justice Stephen Breyer Lecture on International Law." Justice Stephen G. Breyer delivered the lecture earlier today at the Brookings Institution, and you can access the video here and here.
Posted at 07:32 PM by Howard Bashman


Programming note: I will be attending an all-day continuing legal education program today. As a result, additional posts will not appear here until this evening.
Posted at 07:36 AM by Howard Bashman


Wednesday, April 2, 2014

Fifth Circuit decides part two of religious message candy cane case -- Dad loses too: You can access today's per curiam ruling of the U.S. Court of Appeals for the Fifth Circuit, accompanied by two concurring opinions, at this link.
Posted at 10:52 PM by Howard Bashman


"John Roberts Shows He Has No Idea How Money Works in Politics": Sam Kleiner has this essay online at The New Republic.

And at National Review Online, Bradley A. Smith has an essay titled "Free Speech at Last: McCutcheon Decision Just Right; Individual speech saved from infringements."
Posted at 10:40 PM by Howard Bashman



"Early Warning": Online at The New York Times, Linda Greenhouse has an essay that begins, "Someone at the Supreme Court got an assignment last week: start drafting a majority opinion to answer the question whether a for-profit company can claim a religious exemption from the federal requirement to include particular products in any employee insurance plan."
Posted at 09:58 PM by Howard Bashman


"Legal fight over dead gay man's estate: his mom, 75, vs. his husband." The Birmingham News has a report that begins, "The Foundation for Moral Law in Montgomery has announced that it is now representing the mother of a gay man who is fighting for her son's property rights -- against his husband."
Posted at 09:57 PM by Howard Bashman


"I Fought the Law and I Won: Why today's Supreme Court ruling is a victory for free speech." Shaun McCutcheon has this essay online at Politico Magazine.

And in local coverage, The Birmingham News reports that "National reaction mixed on Hoover man's campaign finance victory at U.S. Supreme Court."
Posted at 09:50 PM by Howard Bashman



In jurisprudence essays available online at Slate: Dahlia Lithwick has an essay titled "Justice Roberts Hearts Billionaires: The chief either doesn't believe, or doesn't care, that money corrupts politics."

And Emily Bazelon has a post titled "The Devastating, Sneaky Genius of John Roberts' Opinions: His McCutcheon decision pretends to be mild but then wrecks what remains of campaign-finance law."
Posted at 09:48 PM by Howard Bashman



"Big donors may give even more under court's ruling": The Associated Press has this report, along with a report headlined "White House 'disappointed' in donor limit ruling."
Posted at 05:02 PM by Howard Bashman


"State Supreme Court won't hear Sandusky appeal": The Centre Daily Times of State College, Pennsylvania has this news update.

And The Associated Press reports that "Pennsylvania high court won't hear Sandusky appeal."

You can access today's order of the Supreme Court of Pennsylvania denying allowance of appeal at this link.
Posted at 05:00 PM by Howard Bashman



"Hobby Lobby 401(k) invests in birth control makers": Sam Hananel of The Associated Press has this report. My earlier coverage can be accessed here.
Posted at 04:56 PM by Howard Bashman


"Lawyers: The purpose of marriage is procreation." The Associated Press has a report that begins, "Marriage exists for its procreative potential, not just as recognition of a loving relationship between two people, and the U.S. Supreme Court agrees, lawyers for an Oklahoma clerk said in a new court filing."

You can access the step-three reply brief for appellant/brief for cross-appellee filed yesterday in the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 02:55 PM by Howard Bashman



"Arizona Ordered Not to Enforce Abortion Law During Appeal": Bloomberg News has this report.
Posted at 02:45 PM by Howard Bashman


"Supreme Court rules for airline in frequent flyer dispute": Lawrence Hurley of Reuters has this report.

And Greg Stohr of Bloomberg News reports that "Airlines Backed by U.S. High Court on Passengers' Suits."
Posted at 02:38 PM by Howard Bashman



"Die Another Day: The Supreme Court takes a big step closer to gutting the last bits of campaign finance reform." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this jurisprudence essay online at Slate.
Posted at 01:52 PM by Howard Bashman


On the internet, everyone can know that your dog's a sports fan: Patents for football and baseball jerseys for dogs are the subject of a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 12:44 PM by Howard Bashman


"Opinion analysis: Freeing more political money." Lyle Denniston has this post at "SCOTUSblog."

And Greg Stohr of Bloomberg News reports that "Caps on Total Campaign Giving Voided by U.S. High Court."
Posted at 12:28 PM by Howard Bashman



"Supreme Court Strikes Down Aggregate Limits on Federal Campaign Contributions": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court strikes down limits on federal campaign donations."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court lifts overall limits on congressional campaign donations."

Jess Bravin of The Wall Street Journal has a news update headlined "Supreme Court Strikes Down Aggregate Campaign Contribution Limits; In 5-4 Ruling, Majority Says Such Caps Violate the First Amendment." You can freely access the full text of the article via Google.

Richard Wolf of USA Today reports that "Supreme Court lifts ban on aggregate campaign donations; The decision represents another step toward easing decades-old restrictions on political contributions that were designed to combat corruption."

And Stephen Dinan of The Washington Times has a news update headlined "Supreme Court strikes down overall limit on campaign giving."
Posted at 10:45 AM by Howard Bashman



"Fifth Third case goes to U.S. Supreme Court": Dan Horn of The Cincinnati Enquirer has this report.
Posted at 10:26 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 Samuel A. Alito, Jr. delivered the opinion for a unanimous Court in Northwest, Inc. v. Ginsberg, No. 12-462. You can access the oral argument via this link.

2. And Chief Justice John G. Roberts, Jr. announced the judgment of the Court and delivered an opinion in which Justices Antonin Scalia, Anthony M. Kennedy, and Alito joined in McCutcheon v. Federal Election Comm'n, No. 12-536. Justice Clarence Thomas issued an opinion concurring in the judgment. And Justice Stephen G. Breyer issued a dissenting opinion, in which Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "High court voids overall contribution limits" and "High court limits suits over frequent flier miles."

Lawrence Hurley of Reuters reports that "Supreme Court strikes aggregate donations caps in federal elections."

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court Voids Aggregate Campaign Contribution Limits."

And at his "Suits & Sentences" blog, Michael Doyle of McClatchy Washington Bureau has a post titled "Supreme Court strikes down aggregate campaign limits on individuals, opening political taps."
Posted at 10:04 AM by Howard Bashman



"Hobby Lobby's Hypocrisy: The Company's Retirement Plan Invests in Contraception Manufacturers; When Hobby Lobby filed its case against Obamacare's contraception mandate, its retirement plan had more than $73 million invested in funds with stakes in contraception makers." Molly Redden had this report online yesterday at Mother Jones.
Posted at 08:40 AM by Howard Bashman


Tuesday, April 1, 2014

"Court: Hawaii not required to pay for migrant care." The Associated Press has this report.

My earlier coverage of today's Ninth Circuit ruling appears at this link.
Posted at 09:02 PM by Howard Bashman



"The federal judiciary should avoid using Catch-22." So explains an opinion that Circuit Judge Frank H. Easterbrook issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 08:34 PM by Howard Bashman


"Supreme Court to Hear Appeal of Generic Drug Case": This article appears today in The New York Times.

In today's edition of The Wall Street Journal, Brent Kendall has an article headlined "Supreme Court to Review Teva Appeal in Copaxone Case; Prior Ruling Invalidated Patent on Blockbuster Multiple-Sclerosis Drug." You can freely access the full text of the article via Google.

Greg Stohr and Susan Decker of Bloomberg News report that "Teva Gets Supreme Court Hearing on Generic Copaxone Delay."

And at "Patently-O," Dennis Crouch has a blog post titled "Supreme Court to Consider De Novo Review of Claim Construction."
Posted at 08:26 PM by Howard Bashman



"The federal judiciary in a post-nuclear world": Al Kamen has this entry today at The Washington Post's "In the Loop" blog.
Posted at 05:46 PM by Howard Bashman


"Google Takes Wi-Fi Snooping Scandal to the Supreme Court": Kevin Poulsen has this post at Wired.com's "Threat Level" blog.

You can view the petition for writ of certiorari at this link.
Posted at 05:00 PM by Howard Bashman



"Jacobs leaving Delaware Supreme Court": Sean O'Sullivanof The News Journal of Wilmington, Delaware has this news update.

And Tom Hals of Reuters reports that "Delaware Supreme Court Justice Jacobs to retire."
Posted at 04:56 PM by Howard Bashman



"Enhanced Sentences Upheld for Bridge Bombers": Courthouse News Service has this report today on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued last Friday.
Posted at 04:55 PM by Howard Bashman


"Amish sect leader challenges U.S. in new appeal in beard-cutting case": Torsten Ove has this article in today's edition of The Pittsburgh Post-Gazette.

And The Associated Press reports that "Convicted Ohio Amish leader says evidence weak."
Posted at 04:52 PM by Howard Bashman



"Court weighs reach of federal bank fraud law": Mark Sherman of The Associated Press has this report.

And Lawrence Hurley of Reuters reports that "U.S. Supreme Court could limit bank fraud law."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Loughrin v. United States, No. 13-316.
Posted at 04:48 PM by Howard Bashman



"What Is a Patent Troll? Congress, Courts Try to Find Out." Susan Decker of Bloomberg News has this report.
Posted at 04:42 PM by Howard Bashman


"Harrisonburg Judge Delays Same-Sex Marriage Ruling": The Daily News-Record of Harrisonburg, Virginia has this report.

The Richmond Times-Dispatch reports that "Federal judge stays ruling in gay marriage case; Issue is in the hands of appeals court, he says."

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Judge Stays Virginia Same-Sex Marriage Class Action."

You can view yesterday's stay order at this link.
Posted at 02:05 PM by Howard Bashman



"CREW scores major FOIA win in Tom DeLay case": Josh Gerstein of Politico.com has this blog post.

And at "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "Court: DOJ Failed to Justify Withholding DeLay Documents."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 02:00 PM by Howard Bashman



Majority on divided three-judge Ninth Circuit panel vacates preliminary injunction requiring Hawaii to restore health care coverage for legal immigrants: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Back in late November 2010, Hawaii Reporter covered district court's stated intention to issue a preliminary injunction in an article headlined "Micronesians Win Major Victory in Hawaii's U.S. District Court." The preliminary injunction that the district court issued in December 2010 can be accessed here.

Additional materials pertaining to the case can be accessed here and here.
Posted at 01:46 PM by Howard Bashman



"Exclusive: American Lawyer publisher up for sale -- sources." Reuters has this report today.
Posted at 01:28 PM by Howard Bashman


"9th Circ. Won't Sanction Google Over Video Removal Order": Law360 has this report (subscription required for full access) on an order that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued late yesterday.
Posted at 01:12 PM by Howard Bashman


"Split Circuit Reinstates Anaheim Lethal Force Case": Pamela A. MacLean has this post today at her "Trial Insider" blog. My earlier coverage of yesterday's en banc Ninth Circuit ruling appears at this link.

And in somewhat related news, Bob Egelko of The San Francisco Chronicle has an article headlined "CHP shooting ruled act of self-defense; suit thrown out" reporting on a ruling that a unanimous three-judge Ninth Circuit panel issued yesterday.
Posted at 11:54 AM by Howard Bashman



"Obama's U.S. Court of Appeals nominee John Owens confirmed": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 11:50 AM by Howard Bashman


"NOLA.com | The Times-Picayune can keep online commenter info private for now as it begins appeal": The Times-Picayune of New Orleans has this report.
Posted at 10:14 AM by Howard Bashman


"Home-Run Hitters of the Supreme Court": Law professor Cass R. Sunstein has this essay online today at Bloomberg View.
Posted at 10:12 AM by Howard Bashman


"Supreme Court weighs software patents": Robert Barnes has this article today in The Washington Post.

In today's edition of The Los Angeles Times, David G. Savage has an article headlined "Supreme Court seems ready to kill patent for computerized risk analysis; In a hearing over a patent belonging to an Australian banking firm, justices look at distinguishing between true inventions and useful ideas that rely on a computer program."

In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Supreme Court Justices Skeptical of Software Patent; Justices Try to Find Line Distinguishing Abstract Ideas From Patentable Inventions." You can freely access the full text of the article via Google.

Greg Stohr of Bloomberg News reports that "Software Patents Get Rare Look From U.S. Supreme Court."

And Joe Mullin of Ars Technica has a report headlined "Supreme Court hears argument on a patent worthy of King Tut; Is the patent behind a global banking lawsuit just 'a man with an abacus?'"
Posted at 10:08 AM by Howard Bashman







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