How Appealing

Saturday, May 31, 2014

"Prof. Laurence Tribe guest-blogging this coming week": Law professor Eugene Volokh has this post today at "The Volokh Conspiracy."
Posted at 08:22 PM by Howard Bashman


"Justices Scalia, Alito may have conflicts in BP claims case, websites say": The Times-Picayune of New Orleans has this report.
Posted at 06:12 PM by Howard Bashman


"Missouri man had right to shred U.S. flag: U.S. appeals court." Reuters has this report.

The Associated Press reports that "Federal appeals court upholds lower court decision to overturn Missouri flag burning law."

And Courthouse News Service reports that "Flag Desecration Law Deemed Unconstitutional."

You can access yesterday's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 01:34 PM by Howard Bashman



"Amid Moves on Shield Laws, Journalist Tells of a 2011 Subpoena Fight": Charlie Savage has this article in today's edition of The New York Times.
Posted at 09:47 AM by Howard Bashman


"On Death Row With Low I.Q., and New Hope for a Reprieve": This front page article appears in today's edition of The New York Times.
Posted at 09:46 AM by Howard Bashman


Friday, May 30, 2014

"How Justice Scalia could become the savior of public employee unions": Business columnist Michael Hiltzik of The Los Angeles Times has this essay.
Posted at 09:20 PM by Howard Bashman


"'There Have Been No Direct Threats, I'm Delighted to Say': Meet the Bush-appointed judge who just brought marriage equality to Pennsylvania." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 08:49 PM by Howard Bashman


"EPA's Approach on Carbon Limits to Spark Court Challenges; Agency to Rely on Little-Used Provision to Cut Power Plants' Greenhouse Gases": Brent Kendall and Alicia Mundy have this article in today's edition of The Wall Street Journal.
Posted at 08:15 PM by Howard Bashman


"From 'scraggly' kid to Federal judge, Muncie native recalls his journey at Black Expo luncheon": Today's edition of The Star Press of Muncie, Indiana contains this front page article about new D.C. Circuit Judge Robert L. Wilkins.
Posted at 08:09 PM by Howard Bashman


"On gay marriage and other issues, judges, 'Just the law, please'": Michael McGough has this essay online at The Los Angeles Times.
Posted at 08:03 PM by Howard Bashman


"In new SCOTUS brief, Argentina pledges to comply with U.S. courts": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 08:00 PM by Howard Bashman


Adam Liptak recently spoke at the Stetson Law 2014 Commencement Ceremony: You can view the video via YouTube, starting at just past the 30-minute mark.

And in case you missed it, YouTube also has the video of "Mindy Kaling's Speech at Harvard Law School Class Day 2014."
Posted at 01:40 PM by Howard Bashman



Thursday, May 29, 2014

"Ottawa confirms Quebec collaboration on Supreme Court": The Toronto Globe and Mail has this report.
Posted at 10:44 PM by Howard Bashman


"What BP doesn't want you to know about its oil spill claims appeal": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 10:30 PM by Howard Bashman


"Photos from a Botched Lethal Injection: An exclusive look at what happens when an execution goes badly." Ben Crair has this article online today at The New Republic.
Posted at 01:57 PM by Howard Bashman


"Please Calculate Badly": Adam Liptak of The New York Times has this essay online today at The Harvard Crimson.
Posted at 01:12 PM by Howard Bashman


"Obama makes his mark on the appeals courts": Al Kamen of The Washington Post has this entry at his "In the Loop" blog.
Posted at 01:10 PM by Howard Bashman


"I.Q. Cutoff Ruling May Spare Some Inmates on Death Row": This article appears today in The New York Times.

Yesterday at "The BLT: The Blog of Legal Times," Tony Mauro had a post titled "Supreme Court's Use of 'Intellectual Disability' Wins Praise."

And yesterday at WSJ.com's "Law Blog," Jacob Gershman had a post titled "Alito's Statistics Lesson Misses the Mark in Death-Penalty Dissent, Experts Say."
Posted at 01:04 PM by Howard Bashman



"BP challenges mandated payouts to thousands": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 12:12 PM by Howard Bashman


"The Supreme Court Gives a Subtle Boost to Free Speech; A Secret Service ruling isn't the setback it may seem": Law professor Margo Schlanger has this essay online at The New Republic.
Posted at 07:28 AM by Howard Bashman


Wednesday, May 28, 2014

"BP asks U.S. Supreme Court justice to block Gulf spill payments": Lawrence Hurley of Reuters has this report.
Posted at 10:05 PM by Howard Bashman


"Polar Vision": Linda Greenhouse has this essay online at The New York Times.
Posted at 09:10 PM by Howard Bashman


"Guantanamo lawyers spar over CIA 'black site' disclosures; Defense attorneys in the USS Cole trial want details of their client's treatment while in CIA custody": Carol Rosenberg of The Miami Herald has this report.
Posted at 08:42 PM by Howard Bashman


"Abortion doctors restrictions take root in South": The Associated Press has this report.
Posted at 08:37 PM by Howard Bashman


"The Supreme Court's Empty Defense of the Intellectually Disabled: States ignored a prior ruling outlawing executions -- and the justices let them get away with it." Law professor David R. Dow has this essay online at The New Republic.
Posted at 08:32 PM by Howard Bashman


"U.S. Seeks to Censor More of Memo That Approved Drone Strike on American": Charlie Savage will have this article in Thursday's edition of The New York Times.
Posted at 08:23 PM by Howard Bashman


"Chilling Effect: How the attacks on a University of Virginia law professor are bad for academia, and all of us." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:17 PM by Howard Bashman


"After Halliburton, SCOTUS has another securities litigation puzzler": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 08:11 PM by Howard Bashman


"Battling Dissentals and Concurrals over Doffing and Donning on the 7th Circuit": Josh Blackman has this thought-provoking post at his blog about an order denying rehearing en banc that the U.S. Court of Appeals for the Seventh Circuit issued today, and the opinions concurring in and dissenting from that order.
Posted at 08:09 PM by Howard Bashman


"9th Circuit rejects Brown's prison oversight appeal": Paige St. John of The Los Angeles Times has this news update.

Courthouse News Service has a report headlined "Procedural Slap Against Calif. in Prison-Reform Case."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "State Must Disclose Plan to End Court Oversight of Prisons."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:05 PM by Howard Bashman



"Hatch concedes gay marriage will probably become legal in U.S.; Utah's Republican senator doesn't agree with same-sex marriage but believes the writing is on the wall": The Salt Lake Tribune has this news update.
Posted at 06:20 PM by Howard Bashman


"Pennsylvania Supreme Court overturns ban on expert testimony about eyewitness identification": The Associated Press has a report that begins, "Pennsylvania criminal defendants won the right to offer expert testimony about the reliability of eyewitness identification in a decision Wednesday by a divided state Supreme Court that overturned a 20-year prohibition against it."

Today's 4-to-2 ruling of the Supreme Court of Pennsylvania consists of a majority opinion and two dissenting opinions (here and here).

A separate ruling that Pennsylvania's highest court issued today gave state prosecutors more reason to celebrate. In that other case, the court ruled by a differently composed 4-to-2 margin that a defendant's proposed expert testimony concerning the phenomenon of "false confessions" was not admissible. This ruling consisted of a majority opinion, two concurring opinions (here and here), and a dissenting opinion.
Posted at 06:15 PM by Howard Bashman



"Court upholds 'First Amendment' right to film police; Ruling is one of many nationwide supporting right to record police": David Kravets of Ars Technica has this report today.
Posted at 06:08 PM by Howard Bashman


"Appeals courts denies BP's request to keep claims payments on hold": The Times-Picayune of New Orleans has a news update that begins, "A federal appeals court has denied BP's request to keep business claims on hold while it appeals its Gulf of Mexico oil spill settlement to the Supreme Court. The oil giant said it will now ask the nation's highest court to put a new stay on the payments."
Posted at 01:30 PM by Howard Bashman


"Appellants * * * state that they have been harmed by the placement of 'In God We Trust' on currency": Today; a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued a per curiam opinion affirming the dismissal of this lawsuit in a case captioned Newdow v. Peterson.
Posted at 11:03 AM by Howard Bashman


"Amid Split on Bank Case, U.S. Seeks a Middle Path": In today's edition of The New York Times, Charlie Savage has an article that begins, "Solicitor General Donald B. Verrilli Jr. faced a legal and bureaucratic dilemma this year: Obama administration officials could not agree about what he should tell the Supreme Court about a lawsuit in which American victims of terrorist attacks in Israel are suing Arab Bank, the largest financial institution in Jordan."

You can view the federal government's recently filed U.S. Supreme Court amicus brief at this link.
Posted at 08:04 AM by Howard Bashman



"Justices, in 2 Cases, Side With Law Enforcement Officials": Adam Liptak has this article today in The New York Times.
Posted at 08:02 AM by Howard Bashman


"Holder Hints Reporter May Be Spared Jail in Leak": In today's edition of The New York Times, Charlie Savage has an article that begins, "Attorney General Eric H. Holder Jr. hinted Tuesday that the Justice Department might choose not to jail a New York Times reporter for defying a subpoena forcing him to discuss his confidential sources -- even as the Obama administration continues to pursue the right to do so before the Supreme Court."
Posted at 08:00 AM by Howard Bashman


"Justice Scalia: Sometimes right, often wrong, never in doubt; Antonin Scalia is a striving, conniving political animal, a man as well suited for a career in talk radio as he has been in the law." Online at The Week, Andrew Cohen has this review of Bruce Allen Murphy's new book, "Scalia: A Court of One."
Posted at 07:58 AM by Howard Bashman


Tuesday, May 27, 2014

"Feds seek extra redactions in drone memo": Josh Gerstein of Poliico.com has a blog post that begins, "The Justice Department plans to ask a federal appeals court to delete additional material from a drone-related legal opinion before it's made public -- redactions that would go beyond those the court approved last month, a government lawyer said in a legal filing Tuesday night."
Posted at 11:08 PM by Howard Bashman


"Appeals court slams Prenda Law's mass-copyright lawsuit strategy; Judges like EFF's BitTorrent-blackjack analogy, disallow 'joinder' of 1,000+ users": Joe Mullin of Ars Technica has this report.

My earlier coverage of today's D.C. Circuit ruling appears at this link.
Posted at 10:48 PM by Howard Bashman



"Lisa Heinzerling won't back down": Jeremy P. Jacobs of Greenwire has this report today.
Posted at 10:03 PM by Howard Bashman


"Obama administration asks top court to turn away Arab Bank case": Lawrence Hurley of Reuters has this report.

And Alison Frankel's "On the Case" from Thomson Reuters News & Insight reports that "Justice Department sides with Madoff's banks on SCOTUS review."
Posted at 08:57 PM by Howard Bashman



"Caught in a TRAP: If an Alabama law and others like it stick, abortion clinics will disappear from swaths of the U.S. map." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 08:54 PM by Howard Bashman


"The Court's Emphatic Ban on Executing the Intellectually Disabled: A divided court doubled down on its 2002 Atkins decision, ruling that Florida can't kill Freddie Lee Hall just because his IQ has sometimes passed an arbitrary mark." Andrew Cohen has this essay online at The Atlantic.

And online at Slate, Emily Bazelon has a jurisprudence essay titled "The Death Penalty Just Got a Tiny Bit Saner: Today's Supreme Court decision makes it harder for states to execute the mentally disabled."
Posted at 08:50 PM by Howard Bashman



In the June 2014 issue of ABA Journal magazine: Mark Walsh has an article headlined "SCOTUS ruling may enliven the debate over affirmative action."

Lorelei Laird has an article headlined "Is Sherlock 'complete'? 7th Circuit will consider when literary characters are free from copyright."

Victor Li has the cover story headlined "Who owns the law? Technology reignites the war over just how public documents should be."

Lorelei Laird also has an article headlined "California's ban on standard-caged birds poses a chicken-egg problem."

And the new installment of Bryan A. Garner's "On Words" column is headlined "A Tale of 2 Associates: How polish and attention to detail can win the motion."
Posted at 03:26 PM by Howard Bashman



"We Need a Strong Prison System: But we need to imprison people for fewer crimes and for less time." In the June 9, 2014 issue of The New Republic, Seventh Circuit Judge Richard A. Posner has this review of Robert A. Ferguson's book, "Inferno: An Anatomy of American Punishment."
Posted at 02:54 PM by Howard Bashman


"Support for same-sex marriage reaches a 'tipping point'; Polls now show unwavering majority support for same-sex marriage in the United States as federal judges rule against state bans on such unions, a trend particularly popular among younger Americans": Brad Knickerbocker of The Christian Science Monitor has this report.
Posted at 01:42 PM by Howard Bashman


"U.S. Supreme Court: Michigan can't sue Bay Mills tribe in casino case." The Detroit Free Press has this news update.

MLive.com reports that "US Supreme Court rules in favor of tribal immunity in Bay Mills casino case."

And at the "Turtle Talk" blog, Matthew L.M. Fletcher has a post titled "Bay Mills Opinion First Impressions -- Dodging the Biggest Bullet Since Worcester."
Posted at 01:40 PM by Howard Bashman



"Supreme Court says Secret Service agents are immune in Bush protest lawsuit": Robert Barnes of The Washington Post has this news update.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court rejects free-speech suit from anti-Bush protesters."

Richard Wolf of USA Today has an article headlined "Ten years after, Bush protesters lose free speech case."

The Statesman Journal of Salem, Oregon has a news update headlined "Supreme Court rules against Oregon protestor."

Greg Stohr of Bloomberg News reports that "Secret Service Agents Get Legal Shield From Supreme Court."

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Secret Service Agents Awarded Immunity in Bush Protest Case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: Too close to the president for comfort."
Posted at 01:23 PM by Howard Bashman



"Opinion analysis: More power to stop high-speed chases." Lyle Denniston has this post at "SCOTUSblog."
Posted at 01:22 PM by Howard Bashman


"Court Rules Against Florida I.Q. Rule in Death Cases": 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 Florida law on intellectually disabled death row inmates."

David G. Savage of The Los Angeles Times has a news update headlined "High court limits death penalty in cases of intellectual disability."

Jess Bravin of The Wall Street Journal has a news update headlined "High Court Rejects Florida's IQ Standard for Death Penalty; Justices Rule IQ Score of 70 Is Too Rigid as Cutoff for Execution." You can freely access the full text of the article via Google.

Richard Wolf of USA Today reports that "High court bars rigid IQ cutoff for executions."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court strikes down Florida's strict IQ cutoff for death penalty eligibility."

Greg Stohr of Bloomberg News reports that "High Court Strengthens Ban on Executing Mentally Disabled."

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Justices, Divided, Rule For Death-Row Inmates With Low IQ."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: A new limit on the death penalty."
Posted at 01:20 PM by Howard Bashman



"After a scandal at America's patent court, it's time for reform": Timothy B. Lee has this post today at Vox.
Posted at 12:58 PM by Howard Bashman


"Prenda Law, as Judge Otis Wright II put it in a case similar to this, was a 'porno-trolling collective.'" The U.S. Court of Appeals for the D.C. Circuit today issued its ruling in AF Holdings, LLC v. Does.

My earlier coverage of the appeal's oral argument can be accessed here.

Update: Bloomberg News reports that "Porn Copyright Holder's Bid for Internet IDs Tossed by Court."

And at "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "D.C. Circuit Finds Abuses by 'Porno-Trolling Collective.'"
Posted at 11:50 AM by Howard Bashman



"Court sides with EPA for not setting new standard": The Associated Press has a report that begins, "A federal appeals court has ruled that the Environmental Protection Agency was justified in not establishing a new air quality standard for acid rain."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 11:44 AM by Howard Bashman



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

1. Justice Elena Kagan delivered the opinion of the Court in Michigan v. Bay Mills Indian Community, No. 12-515. Justice Sonia Sotomayor issued a concurring opinion. Justice Antonin Scalia issued a dissenting opinion. Justice Clarence Thomas issued a dissenting opinion, in which Justices Scalia, Ruth Bader Ginsburg, and Samuel A. Alito, Jr. joined. And Justice Ginsburg also issued a dissenting opinion. You can access the oral argument via this link.

2. Justice Alito delivered the opinion of the Court in Plumhoff v. Rickard, No. 12-1117. There were no separate opinions, but Justices Ginsburg and Stephen G. Breyer did not join the opinion of the Court in full. You can access the oral argument via this link.

3. Justice Ginsburg delivered the opinion for a unanimous Court in Wood v. Moss, No. 13-115. You can access the oral argument via this link.

4. And Justice Anthony M. Kennedy delivered the opinion of the Court in Hall v. Florida, No. 12-10882. Justice Alito issued a dissenting opinion, in which the Chief Justice and Justices Scalia and Thomas joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Justices rule for death row inmates with low IQ"; "Court blocks protester case against Secret Service"; "Supreme Court says Mich. can't block Indian casino"; and "High court sides with police over fatal chase."

And Lawrence Hurley of Reuters reports that "U.S. top court rules for Florida death row inmate over IQ test" and "U.S. court rules for Secret Service agents in protest case."
Posted at 10:07 AM by Howard Bashman



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

Additionally, the Court issued a unanimous per curiam summary reversal of the Supreme Court of Illinois in Martinez v. Illinois, No. 13-5967.

In early news coverage, The Associated Press reports that "Court to hear dispute over state tax collection" and "Justices won't make reporter to testify on sources."

And at "SCOTUSblog," Lyle Denniston has a post titled "Stating the obvious, after a while."
Posted at 09:35 AM by Howard Bashman



"Will The Supreme Court Kill Public-Employee Unions? The massive stakes in the court case Harris v. Quinn." Andy Kroll has this essay online at Mother Jones.
Posted at 08:24 AM by Howard Bashman


"What Did the Framers Really Mean?" In today's edition of The New York Times, columnist Joe Nocera has an op-ed that begins, "Three days after the publication of Michael Waldman's new book, 'The Second Amendment: A Biography,' Elliot Rodger, 22, went on a killing spree, stabbing three people and then shooting another eight, killing four of them, including himself."
Posted at 08:20 AM by Howard Bashman


"Christie's Lawyer Problem: Conservatives say he hasn't fought hard enough against liberal judges." Eliana Johnson has this article today at National Review Online.
Posted at 07:30 AM by Howard Bashman


"William and Mary Law School Commencement Address: Justice Antonin Scalia gave the commencement address to the 2014 graduating class of the Mashall-Wythe School of Law at the College of William and Mary." C-SPAN has posted the video at this link.
Posted at 07:28 AM by Howard Bashman


"From a diverse group of judges, a unanimous opinion on same-sex marriage": Robert Barnes has this front page article today in The Washington Post.
Posted at 07:25 AM by Howard Bashman


Monday, May 26, 2014

"Quebec unhappy with selection process for SCOC judges": The Montreal Gazette has a news update that begins, "The Quebec government has informed Ottawa it is not happy with the way Supreme Court of Canada justices are being picked."

The Ottawa Citizen has a news update headlined "Supreme Court justices chosen on merit, Peter MacKay says."

And in commentary, Tuesday's edition of The Toronto Globe and Mail will contain an editorial titled "Politicized Supreme Court fight one of Harper's most imprudent acts."
Posted at 10:35 PM by Howard Bashman



"Supreme Court Justice LeBel's exit to create second Quebec vacancy": Sean Fine had this article in Saturday's edition of The Toronto Globe and Mail.

And online today at that newspaper's web site, law professor Adam Dodek has an essay titled "Opaque and secretive, the Supreme Court appointment process must change."
Posted at 01:38 PM by Howard Bashman



"Justice Stephen G. Breyer, HLS '64: Supreme Court Justice and Former Law Professor." The Harvard Crimson has this article, part of its Class of 1964 50th Reunion issue.
Posted at 08:00 AM by Howard Bashman


"Caperton wins Massey trial, but damages much less than hoped for": Paul J. Nyden of The Charleston (W. Va.) Gazette has this report.
Posted at 07:52 AM by Howard Bashman


Sunday, May 25, 2014

"Veterans' cross in Maryland at the center of national battle; Humanists say memorial on government land violates church-state separation": The Baltimore Sun has this report.
Posted at 08:40 PM by Howard Bashman


"Ginsburg performs wedding for man in 1970s case she argued before the Supreme Court": Robert Barnes will have this new installment of his "The High Court" column in Monday's edition of The Washington Post.
Posted at 08:26 PM by Howard Bashman


"This Article Is Fortified With Antioxidants:The food industry's devious, ingenious, magical misuse of science." Online at Slate, Alan Levinovitz has an essay that begins, "Like many things that are infuriating and depressing, POM Wonderful LLC v. The Coca-Cola Company is also very funny. Currently under consideration by the Supreme Court, the case has a wonderfully absurd feel, starting with the name of the product in question, which itself remains a matter of debate."
Posted at 08:22 PM by Howard Bashman


"Christie, Sweeney deal on NJ Supreme Court leaves one lasting vacancy": Today's edition of The Star-Ledger of Newark, New Jersey contains a front page article that begins, "The last open seat on the New Jersey Supreme Court is likely to stay vacant for the rest of Gov. Chris Christie's term, The Star-Ledger has learned."
Posted at 08:14 PM by Howard Bashman


"The (Non)Finality of Supreme Court Opinions": You can access at this link the forthcoming Harvard Law Review article by law professor Richard J. Lazarus that is the subject of Adam Liptak's article headlined "Final Word on U.S. Law Isn't: Supreme Court Keeps Editing" that appears on the front page of today's edition of The New York Times.
Posted at 07:52 PM by Howard Bashman


"Supreme Court takes Ladera man's whistleblower case; Robert MacLean, who disclosed information while serving as an air marshal, hopes to have his one court win sustained; It came after after numerous losses and a bankruptcy long after he was fired": The Orange County Register has this report.
Posted at 09:10 AM by Howard Bashman


"Strine, Supreme Court support office moves from courthouse; Strine has already moved to his new chambers in the Renaissance Centre at 405 N. King St." Today's edition of The News Journal of Wilmington, Delaware contains an article that begins, "In an unusual move for the Delaware Supreme Court, the state has signed a multi-million lease on commercial office space in Wilmington for the offices of Chief Justice Leo E. Strine Jr., his staff and the court's administrative offices."
Posted at 09:08 AM by Howard Bashman


"LGBT activists take UVa professor to task for his stance on cases": Yesterday's edition of The Daily Progress of Charlottesville, Virginia contained a front page article that begins, "University of Virginia legal scholar Douglas Laycock is facing criticism from gay rights groups for his support of religious freedom laws that activists say could lead to discrimination against the lesbian, gay, bisexual and transgender community. Activists also are upset at his support for Hobby Lobby in an ongoing Supreme Court case involving contraception coverage."

And C-VILLE Weekly has an article headlined "Sullivan's law professor husband criticized by gay rights group."
Posted at 09:04 AM by Howard Bashman



Saturday, May 24, 2014

"Final Word on U.S. Law Isn't: Supreme Court Keeps Editing." Adam Liptak will have this front page article in Sunday's edition of The New York Times.
Posted at 05:47 PM by Howard Bashman


"Behind major US case against shareholder suits, a tale of two professors": Alison Frankel of Reuters has this report.
Posted at 02:37 PM by Howard Bashman


"Supreme Court Has Shifted Copyright Risk to Entertainment Studios; Why the 'Raging Bull' ruling this week could have a big impact going forward": Bonnie Eskenazi and Jonathan Sokol have this guest post today at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 02:34 PM by Howard Bashman


"With eye on history, judges nix gay marriage bans": The Associated Press has this report.
Posted at 01:50 PM by Howard Bashman


"Guantanamo Inmate's Case Reignites Fight Over Detentions": Charlie Savage has this front page article in today's edition of The New York Times.

Today's edition of The Washington Post contains a front page article headlined "U.S. judge permits Pentagon to force-feed Guantanamo prisoner but issues rebuke."

In today's edition of The Los Angeles Times, Richard A. Serrano has an article headlined "Judge allows force-feeding of Guantanamo detainee."

In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Administration Ordered to Produce Video of Guantanamo Force-Feeding; Judge Criticizes Methods Used to Sustain Prisoner as Needlessly Cruel."

And Michael Doyle of McClatchy Washington Bureau reports that "Angry judge lifts ban on force-feeding of Guantanamo detainee, blasts Pentagon."
Posted at 01:48 PM by Howard Bashman



"Behind the Komagata Maru's fight to open Canada's border: Dark chapter in Canadian immigration history included an unsung hero, among the first who can be called a defender of civil rights." Michael Bird has this front page article in today's edition of The Toronto Globe and Mail.

According to the article, "At the heart of the Komataga Maru saga was a high-stakes legal battle involving a fearless Vancouver lawyer who briefly managed to open Indian immigration to Canada for a few months before the ship's arrival in Vancouver. After Ottawa, backed by widespread popular support, had rewritten the rule book while the Komagata Maru was steaming to the West Coast, J. Edward Bird ultimately lost the fight before a B.C. appeal court under conditions rigged in the government's favour."
Posted at 01:32 PM by Howard Bashman



"Cornelia G. Kennedy, Pioneering Federal Judge, Dies at 90": This obituary will appear in Sunday's edition of The New York Times.
Posted at 10:28 AM by Howard Bashman


"The secret short list that provoked the rift between Chief Justice and PMO": Sean Fine has this front page article in today's edition of The Toronto Globe and Mail.
Posted at 10:12 AM by Howard Bashman


Friday, May 23, 2014

"No, the 10th Circuit Court of Appeals isn't issuing its same-sex marriage decision today": Marissa J. Lang of The Salt Lake Tribune has this blog post.
Posted at 10:32 PM by Howard Bashman


"Rader Steps Down as Chief, Apologizes for Reines Email": Scott Graham of The Recorder has this report (free registration required).

According to the article, "Rader will remain on the court but relinquish the chief judgeship on May 30 to Judge Sharon Prost -- apparently the same judge whose confidence Rader betrayed with his March 5 email."

The article goes on to report:

The controversy apparently stems from two cases Reines argued back-to-back on behalf of Promega Corp. to a Federal Circuit panel comprising Judges Prost, Haldane Mayer and Raymond Chen on March 4. Rader emailed Reines the next day, saying that over lunch one of his colleagues had remarked on Reines' prowess against Wilmer Cutler Pickering Hale & Dorr partner Seth Waxman.

"She said Seth had a whole battery of assistants passing him notes and keeping him on track. You were alone and IMPRESSIVE in every way," Rader wrote.

"In sum, I was really proud to be your friend today!" Rader added. "Actually, I not only do not mind, but encourage you to let others see this message."

The email does not identify which judge Rader was referring to, but Prost was the only female member of the panel. The court issued a summary Rule 36 affirmance against Promega and Reines in one of the two cases March 10. The other case -- the one Waxman participated in -- remains pending.

And at Gigaom, Jeff John Roberts has a post titled "Ethics fail by top judge gives Congress new reason to close patent court."
Posted at 10:28 PM by Howard Bashman


"Journalists Question Editorial Firewall in SCOTUSblog Credentials Appeal": Hannah Hess has this blog post at Roll Call.
Posted at 10:22 PM by Howard Bashman


"FERC Pay-to-Save Energy Plan Thrown Out by U.S. Court": Bloomberg News has this report.

And The Associated Press reports that "Court tosses out federal rule to reduce energy use."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 07:36 PM by Howard Bashman



"Court rejects challenge to FCC broadband plan": The Associated Press has this report on a lengthy ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 03:09 PM by Howard Bashman


"Appeals court judge faces ethics questions": The Associated Press has a report that begins, "The chief judge of a federal appeals court has issued a public apology for sending an inappropriate email to an attorney who had argued cases before him."

You can view at this link what the Federal Circuit's web site currently describes as "An Open Letter from Chief Judge Randall R. Rader."

Meanwhile, in earlier coverage, Lawrence Hurley of Reuters reports that "Chief judge on U.S. patent court steps down from lead role."
Posted at 02:56 PM by Howard Bashman



"In vacating convictions in this Hobbs Act robbery case, a panel of the court reaches the paradoxical conclusion that a defendant who acted knowingly and voluntarily in waiving his Miranda rights could not have acted knowingly and voluntarily in responding to ensuing police questions." So states a dissent from the denial of rehearing en banc that Second Circuit Judge Reena Raggi issued today, in which five other Second Circuit judges joined.

The vote to deny en banc review was 7-to-6. As a separate dissent from the denial of en banc review written by Circuit Judge Jose A. Cabranes explains, some of the seven judges who voted against rehearing may have believed that the case was too important to delay on its inevitable path to the U.S. Supreme Court.

The original three-judge Second Circuit panel assigned to this case issued its original ruling in December 2013 and a revised ruling on panel rehearing in March 2014.

One especially notable aspect of today's Second Circuit denial of rehearing en banc and the three separate opinions accompanying it -- neither the order nor any of the judges writing today themselves employed the term "in banc."
Posted at 01:56 PM by Howard Bashman



"Solicitor General's Brief in Medical Device Tort Case Capitulates to Plaintiffs' Bar": Richard Samp has this post at "The Legal Pulse" blog of the Washington Legal Foundation.
Posted at 01:14 PM by Howard Bashman


"RNC files lawsuit to raise unlimited cash": The Associated Press has this report.
Posted at 12:30 PM by Howard Bashman


"Scalia's Remarks on Law School Renew Legal Education Debate": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 12:12 PM by Howard Bashman


"Bad news for the Justices (and the rest of us)": Senior U.S. District Judge Richard G. Kopf had this post yesterday at his "Hercules and the Umpire" blog.
Posted at 11:35 AM by Howard Bashman


"Ex-justice Hathaway to serve remainder of fraud sentence at home; After serving nearly 11 months in prison for fraud, Hathaway's official release is June 26": This article appears today in The Detroit News.

And today's edition of The Detroit Free Press reports that "Ex-Michigan justice Hathaway eligible for home confinement."
Posted at 11:28 AM by Howard Bashman



It appears that the "How Appealing" blog has been mentioned by Tom Goldstein in this morning's "SCOTUSblog" credentialing appeal: Details here.

You can follow the "SCOTUSblog" live blogging of its credentialing appeal via this link.
Posted at 11:20 AM by Howard Bashman



"Legal fight over gay marriage spreads to 30 states": The Associated Press has a report that begins, "Federal lawsuits filed this week in Montana and South Dakota leave just one state -- North Dakota -- with a gay marriage ban that's not facing some form of legal challenge."
Posted at 11:15 AM by Howard Bashman


"Court: 30 years' solitary OK for convicted killer." The Associated Press has this report on a non-precedential ruling that the U.S. Court of Appeals for the Tenth Circuit issued yesterday.

And in today's edition of The Denver Post, John Ingold has an article headlined "Supermax inmate held in solitary confinement for 30 years loses appeal."
Posted at 11:04 AM by Howard Bashman



"Federal Circuit's Judge Rader Resigns as Chief Judge; Will Remain on Court": Ashby Jones and Brent Kendall have this post at WSJ.com's "Law Blog."

The web site of the U.S. Court of Appeals for the Federal Circuit provides this announcement.

The announcement follows an article in today's edition of The Wall Street Journal headlined "Top Judge Who Gave Lawyer Praise Recuses Himself From Patent Cases; Laudatory Email Raises Questions About Patent Bar" (free access).

Jones and Kendall also now have a more extensive news update headlined "Judge Who Recused Himself From Patent Cases Resigns as Chief Judge; Randall R. Rader Leaves Post as Chief Judge of Court of Appeals, Stays on the Bench" (free access).

And at "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "Randall Rader Resigns As Chief Judge of Federal Circuit."
Posted at 10:55 AM by Howard Bashman



"Tennessee brings back the electric chair": The Associated Press has a report that begins, "As the rest of the nation debates the feasibility and humanity of lethal injections against a backdrop of scarce drugs and botched executions, Tennessee has come up with an alternative: the electric chair."
Posted at 09:03 AM by Howard Bashman


"Sandy Springs Sex Toys Ban Could End Up In U.S. Supreme Court": Georgia Public Broadcasting has this report today.

Last week, Atlanta's WSB-TV reported that "Woman files suit over sex toy law."

You can access the complaint initiating suit, filed last Friday in the U.S. District Court for the Northern District of Georgia, at this link.
Posted at 08:55 AM by Howard Bashman



"Rare execution stay shows Supreme Court concern on death penalty": Michael Doyle of McClatchy Washington Bureau has this report.
Posted at 08:52 AM by Howard Bashman


"Scotusblog loss of Senate press credentials fuels media uproar; Website to mount appeal of press gallery decision on Friday; Legendary reporter Lyle Denniston may be affected": The Guardian (UK) has this report.

And yesterday at "SCOTUSblog," Kali Borkoski had a post titled "Standing Committee to hear appeal tomorrow." "SCOTUSblog" intends to live-blog the appeal proceeding at this link beginning at 10:30 a.m. eastern time today.
Posted at 08:47 AM by Howard Bashman



Thursday, May 22, 2014

"Paying For Prestige: Law schools paid judges nearly $2 million for teaching, lecturing in 2012." Zoe Tillman will have this article (free access) in next Monday's edition of The National Law Journal.

Also in next Monday's issue, Tillman will have an related article headlined "Judicial Disclosure Reports Don't Tell All; Appellate judges shielded some financial information in nearly half of all of the documents filed last year."
Posted at 11:00 PM by Howard Bashman



"Top Judge Who Gave Lawyer Praise Recuses Himself From Patent Cases; Laudatory Email Raises Questions About Patent Bar": Ashby Jones and Brent Kendall will have this article in Friday's edition of The Wall Street Journal.
Posted at 10:54 PM by Howard Bashman


"Appeals court rules against Tulsa officer in mosque lawsuit": The Tulsa World has this news update reporting on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 10:44 PM by Howard Bashman


"Ecuadoreans try to block Patton Boggs settlement with Chevron": Reuters has this report.
Posted at 04:06 PM by Howard Bashman


"Scalia v. Scalia: Does his faith influence his judicial decision making?" Dahlia Lithwick has this book review in the June 2014 issue of The Atlantic.
Posted at 03:30 PM by Howard Bashman


"Death by Nitrogen -- If lethal injection falls out of favor, death penalty states could turn to a new method: nitrogen gas." Tom McNichol has this jurisprudence essay online at Slate.
Posted at 03:02 PM by Howard Bashman


"Senate OKs drone memo author to be federal judge": The Associated Press has this report.

You can view the U.S. Senate's official roll call vote tally at this link.
Posted at 02:48 PM by Howard Bashman



"Court: Sea-Tac workers can sue over lunch menus." The Seattle Times has this report on a 5-to-4 ruling that the Supreme Court of Washington State issued today.
Posted at 02:24 PM by Howard Bashman


"Do We Need the Supreme Court?" Law professor Geoffrey R. Stone has this blog entry today at The Huffington Post.
Posted at 01:44 PM by Howard Bashman


"Constitution Check: Has the Supreme Court already tipped its hand on same-sex marriage?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:42 PM by Howard Bashman


"Supreme Court Ruling Not Enough To Prevent Debtors Prisons": This audio segment appeared on yesterday's broadcast of NPR's "Morning Edition."
Posted at 01:40 PM by Howard Bashman


"Why the Supreme Court Needs Term Limits: The best solution to the increasingly politicized and unseasoned Court is to limit justices to 18-year terms." Norm Ornstein has this essay online today at The Atlantic.
Posted at 01:37 PM by Howard Bashman


"Christie brushes off criticism for re-nominating Rabner as NJ Supreme Court chief justice": The Newark Star-Ledger has this report.

Today's edition of The Record of Hackensack, New Jersey contains a front page article headlined "Christie strikes deal to retain Stuart Rabner as N.J. chief justice."

Today's edition of The New York Times contains an article headlined "Christie Renominates New Jersey's Chief Justice in Deal With Democrats."

The Philadelphia Inquirer reports that "In deal, Christie renominates Chief Justice Rabner and names Lee Solomon to court."

And The Courier-Post of Cherry Hill, New Jersey reports that "Deal sends Haddonfield's Solomon to high court."
Posted at 01:34 PM by Howard Bashman



"BP turns to U.S. Supreme Court in fight over oil spill settlement": The Times-Picayune of New Orleans has this report.

McClatchy Washington Bureau reports that "BP wants Supreme Court to throw out Deepwater Horizon settlement."

CNN.com reports that "BP will ask Supreme Court to review Deepwater Horizon settlement ruling."

In commentary, Paul M. Barrett of Bloomberg Businessweek has an essay titled "Judge in BP Spill Case Sends Distress Signal to Supreme Court."

And Michael Hiltzik, business columnist for The Los Angeles Times, has an essay titled "On the gulf oil spill, BP moves to prolong the courtroom agony."
Posted at 01:20 PM by Howard Bashman



"Does a Supreme Court Ruling Mean Disney Will Lose 'Spider-Man' Rights? Once rejected for not suing soon enough, the company challenging Disney's hold on the character thinks it's no longer precluded from moving forward in court." Eriq Gardner has this post at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 01:04 PM by Howard Bashman


"State campaign finance laws are on borrowed time": Columnist George F. Will has this essay online at The Washington Post.
Posted at 08:32 AM by Howard Bashman


"Getting to Fifty on Marriage Equality": Amy Davidson has this blog post online at The New Yorker.

Therein she writes, "Judge Michael McShane, in Oregon, and Judge John E. Jones, in Pennsylvania, sounded like they were having one of those days when you remember why your job is fun, and even maybe important, and also why the Constitution is a powerful document."
Posted at 08:30 AM by Howard Bashman



"Supreme Court Justices Just 'Junior Varsity Politicians'? Breyer Talks State of Legal Profession at ALI Dinner." Tom P. Taylor of Bloomberg BNA has this blog post.
Posted at 08:27 AM by Howard Bashman


"Supreme Court puts execution of Missouri man on hold": The St. Louis Post-Dispatch contains this article today.

And at "SCOTUSblog," Lyle Denniston has a post titled "Execution delayed in unusual case."
Posted at 08:25 AM by Howard Bashman



"With New Bill, Abortion Limits Spread in South": This front page article appears today in The New York Times.
Posted at 08:22 AM by Howard Bashman


Wednesday, May 21, 2014

"An Interview with Associate Justice of the U.S. Supreme Court, Antonin Scalia": Vincent Chiarello has this article online at The Remnant.
Posted at 09:25 PM by Howard Bashman


"Gay Marriage Turns Tide as Governors Drop Defense of Bans": Bloomberg News has this report.

And The Associated Press reports that "Pennsylvania won't appeal same-sex marriage case."
Posted at 08:55 PM by Howard Bashman



"Supreme Court halts Missouri execution": The Associated Press has this report.

Lawrence Hurley of Reuters reports that "U.S. Supreme Court stays Missouri death row inmate's execution."

And Richard Wolf of USA Today reports that "Supreme Court halts execution by lethal injection."

You can access at this link today's stay order of the U.S. Supreme Court.
Posted at 08:52 PM by Howard Bashman



"Senate backs judge pick who wrote drone memos": The Associated Press has a report that begins, "A former Justice Department official who helped craft the Obama administration's legal rationale for using drones to kill suspected American terrorists abroad won preliminary Senate approval Wednesday to become a federal appeals court judge."
Posted at 06:22 PM by Howard Bashman


"BP to appeal Gulf oil spill payment ruling to U.S. Supreme Court": Jonathan Stempel of Reuters has this report.
Posted at 05:16 PM by Howard Bashman


"Liberals Just Need to Stay Away From the Supreme Court: If you're a liberal, and thinking of bringing a case to the Supreme Court, don't." Ian Millhiser has this jurisprudence essay online today at Slate.
Posted at 05:11 PM by Howard Bashman


"Judges turn same-sex marriage rulings into writing competition": Adam Serwer has this essay online today at msnbc.
Posted at 01:18 PM by Howard Bashman


"Waiting for Ruth Bader Ginsburg to retire? Keep waiting." L.J. Zigerell had this guest post Monday at "The Monkey Cage" blog of The Washington Post.
Posted at 10:15 AM by Howard Bashman


"Law Schools Push Back Against Scalia's Criticism of Legal Education": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 10:12 AM by Howard Bashman


"Aereo case may not be a Supreme Court slam dunk for broadcasters": Scott Bomboy has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:11 AM by Howard Bashman


"Detroit judge Keith urges a commitment to justice, courage": This article appeared in yesterday's edition of The Detroit News.
Posted at 10:10 AM by Howard Bashman


"Supreme Court and religion: You're not hearing me." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 07:48 AM by Howard Bashman


"Republicans Tried to Sneak a Confederate Sympathizer onto the Federal Bench: Here's How Democrats Should Respond." Brian Beutler has this essay online at The New Republic.
Posted at 07:45 AM by Howard Bashman


"Barron likely to be confirmed to appeals court": This article appears today in The Boston Globe.

The Associated Press has a report headlined "Reid: Senate will OK judge who wrote drone memos."

And in today's edition of The New York Times, Charlie Savage has an article headlined "Memo Approving Targeted Killing of U.S. Citizen to Be Released."
Posted at 07:44 AM by Howard Bashman



"Missouri inmate's hopes rest with Supreme Court": The Associated Press has this report.
Posted at 07:40 AM by Howard Bashman


Tuesday, May 20, 2014

"A 'message' from the Court on same-sex marriage?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 11:42 PM by Howard Bashman


"5th Circuit's last word to BP leaves constitutional question-mark": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.

And online at The Los Angeles Times, business columnist Michael Hiltzik has an essay titled "On the gulf oil spill, BP has an 0-for-2 day in court."

Yesterday, the U.S. Court of Appeals for the Fifth Circuit issued a series of orders in these cases, which you can access here (denial of panel rehearing, with opinion), here (order denying rehearing en banc, with dissent therefrom), here (order denying panel rehearing, with dissent noted), and here (order denying rehearing en banc, with dissent therefrom).
Posted at 11:34 PM by Howard Bashman



"Senate Sets David Barron Confirmation Vote": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."

And online at The Hill, Alexander Bolton has a report headlined "Reid: Drone-memo author is a go."
Posted at 09:00 PM by Howard Bashman



"Federal court halts Missouri inmate's execution": The Associated Press has this report on an order that a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 08:52 PM by Howard Bashman


"Court grants Idaho's request for stay in same-sex marriage case": The Idaho Statesman has this news update reporting on the order that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

And The Associated Press has a report headlined "Court: Gay marriage must remain on hold in Idaho."
Posted at 08:45 PM by Howard Bashman



"Disclosure of Political Donor Lists OK": Pamela A. MacLean has this post today at her "Trial Insider" blog.

And Courthouse News Service reports that "CA Law That Names Prop. 8 Supporters Upheld."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:34 PM by Howard Bashman



"U.S. law OKs damages in police excessive force, court rules": Bob Egelko of The San Francisco Chronicle has this report.

Metropolitan News-Enterprise reports that "Ninth Circuit Rules State's Limit on Damages in Wrongful Death Suits Inapplicable to Federal Cases."

And Courthouse News Service reports that "Hefty Damages in Killer-Cop Case Reinstated."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:30 PM by Howard Bashman



"Sterlings turn to lawsuits in cases great and small": This front page article appears today in The Los Angeles Times.
Posted at 08:17 PM by Howard Bashman


"Who Needs the Supreme Court? Gay marriage might just become the law of the land without ever heading back to Justice Kennedy." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 08:00 PM by Howard Bashman


"Are judges in gay marriage cases reading the tea leaves right?" Michael McGough has this essay online today at The Los Angeles Times.
Posted at 07:58 PM by Howard Bashman


"Yu sworn in to state Supreme Court": The Associated Press has a report that begins, "Mary Yu was sworn in as the newest member of the Washington state Supreme Court on Tuesday, marking the first time the high court has had an openly gay justice."
Posted at 06:08 PM by Howard Bashman


"AP sources: Justice Dept. to reveal drone memo." The Associated Press has a report that begins, "On the eve of a critical Senate vote and under court order, the Obama administration signaled it will publicly reveal a secret memo describing its legal justification for using drones to kill U.S. citizens suspected of terrorism overseas."
Posted at 06:05 PM by Howard Bashman


"How the NRA Rewrote the Second Amendment: The Founders never intended to create an unregulated individual right to a gun; Today, millions believe they did; Here's how it happened." Michael Waldman has this essay online at Politico Magazine.

Waldman's new book, "The Second Amendment: A Biography," goes on sale today.
Posted at 03:00 PM by Howard Bashman



"Hobby Lobby, Corporate Law, and the Theory of the Firm: Why for-profit corporations are RFRA persons." Law professors Alan J. Meese and Nathan B. Oman have this essay online today at the Harvard Law Review Forum.
Posted at 01:42 PM by Howard Bashman


"How Much Copyright Protection Should Source Code Get? A New Court Ruling Reshapes The Landscape." Professor John Villasenor has this post at Forbes.com.
Posted at 01:37 PM by Howard Bashman


"CIA wins secrecy for Bay of Pigs history": Josh Gerstein of Politico.com has this blog post reporting on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:27 PM by Howard Bashman


"Man convicted for New York subway suicide bomb plot loses appeal": Nate Raymond of Reuters has this report on the ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:20 PM by Howard Bashman


"State of Oklahoma owes $303,333 in plaintiffs' legal fees over Sharia law case; Oklahoma will have to pay $303,333 in legal fees to plaintiffs' attorneys who brought lawsuit against Sharia law ballot measure": This article appears in today's edition of The Oklahoman.
Posted at 09:47 AM by Howard Bashman


"U.S. meat labeling requirements come under fire in appeals court": Reuters has this report.

You can access the audio of yesterday's en banc oral argument in the U.S. Court of Appeals for the D.C. Circuit via this link (46.7 MB mp3 audio file).
Posted at 08:57 AM by Howard Bashman



Monday, May 19, 2014

"U.S. appeals court rejects BP bid to undo ruling in oil spill case": Dan Levine of Reuters has this report.

The Associated Press reports that "Appeals court won't rehear BP settlement issue."

And Bloomberg News reports that "BP Faces Billions in Spill Payments as Court Upholds Deal."
Posted at 10:12 PM by Howard Bashman



"Justices Reinstate Copyright Lawsuit Over 'Raging Bull'": Adam Liptak will have this article in Tuesday's edition of The New York Times.

Online at The Los Angeles Times, David G. Savage reports that "Supreme Court revives copyright suit over film classic 'Raging Bull.'" And Michael McGough has an essay titled "Supreme Court judges rob MGM in 'Raging Bull' legal bout."

Jess Bravin of The Wall Street Journal reports that "Court Says Copyright Holder Can Pursue 'Raging Bull' Claims; Supreme Court Says Woman Could Be Entitled to Royalties, Even Though She Didn't Pursue Claims for Decades." You can freely access the full text of the article via Google.

Richard Wolf of USA Today reports that "Justices split in 'Raging Bull' decision."

Lawrence Hurley of Reuters reports that "'Raging Bull' copyright fight goes to a second round."

Greg Stohr of Bloomberg News reports that "'Raging Bull' Sparring Match Can Proceed, Top Court Rules."

Bill Mears of CNN.com reports that "Underdog prevails in 'Raging Bull' appeal."

At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Supreme Court Allows 'Raging Bull' Heiress to Sue MGM for Copyright Damages; The high court reverses, allowing Paula Petrella to pursue more than $1 million in damages for MGM and Fox's continued distribution of the Martin Scorsese classic."

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "In 'Raging Bull' Ruling, High Court Sides With Co-Writer's Daughter."
Posted at 08:45 PM by Howard Bashman



"Federal judge orders recognition of same-sex marriages performed in Utah": Dennis Romboy of The Deseret News has this update.

Marissa Lang of The Salt Lake Tribune has a news update headlined "Judge: Utah must honor same-sex marriages performed during 17-day window; Decision takes effect in 21 days, allowing Utah attorney general's office time to appeal."

And The Associated Press reports that "Utah ordered to recognize over 1,000 gay marriages."

You can access today's ruling of the U.S. District Court for the District of Utah at this link.
Posted at 08:10 PM by Howard Bashman



"Will Russell Bucklew's Execution Be the Next Death-Penalty Disaster? Missouri plans to kill a convicted murderer Wednesday, but his health and the state's secrecy about lethal-injection procedures raise serious constitutional issues." Andrew Cohen has this essay online today at The Atlantic.
Posted at 03:57 PM by Howard Bashman


"John Lewis: 'I would vote against the confirmation of Michael Boggs.'" Daniel Malloy and Jim Galloway have this post today at the "Political Insider" blog of The Atlanta Journal-Constitution.
Posted at 03:55 PM by Howard Bashman


"Court: Execution drug maker a secret in Georgia." The Associated Press has a report that begins, "Georgia's law that keeps secret the source of its execution drug is constitutional, the state's highest court ruled Monday, though two justices worried that confidentiality could lead to botched executions like the one in Oklahoma last month."

You can access today's ruling of the Supreme Court of Georgia at this link.
Posted at 03:52 PM by Howard Bashman



"Oregon gay marriage ban struck down by federal judge; same-sex marriages to begin": The Oregonian has this news update.

The Statesman Journal of Salem, Oregon reports that "Federal judge overturns Oregon ban on gay marriage."

And The Associated Press reports that "Judge strikes down Oregon gay marriage ban."

You can access today's ruling of the U.S. District Court for the District of Oregon at this link.
Posted at 03:42 PM by Howard Bashman



"U.S. court faults SEC trial strategy against broker, tosses verdict": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:58 PM by Howard Bashman


"This case calls upon us to determine whether federal admiralty jurisdiction extends to tort claims arising from a physical altercation among recreational visitors on and around a permanent dock surrounded by navigable water." A unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit answered "no" in a ruling issued today.
Posted at 01:55 PM by Howard Bashman


"More Specious Attacks on Reform": Today's edition of The New York Times contains an editorial that states, "One case, now before the United States Court of Appeals for the District of Columbia Circuit, makes the specious argument that the entire law should be overturned because the bill did not 'originate' in the House."
Posted at 01:48 PM by Howard Bashman


"In Appeal Before Justices, Not Just One but Three Confessions": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:42 PM by Howard Bashman


"Please, Liberals: Don't Fall for Rand Paul's Latest Filibuster; David Barron would be a fantastic federal judge." Sam Kleiner has this essay online today at The New Republic.
Posted at 10:17 AM by Howard Bashman


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

Justice Ruth Bader Ginsburg delivered the opinion of the Court in Petrella v. Metro-Goldwyn-Mayer, Inc., No. 12-1315. Justice Stephen G. Breyer issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. and Justice Anthony M. Kennedy joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Court allows 'Raging Bull' lawsuit to go forward."
Posted at 10:06 AM by Howard Bashman



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

In early news coverage, The Associated Press reports that "Supreme Court takes up case of fired air marshal" and "Supreme Court revives Taser death lawsuit."

And Lawrence Hurley of Reuters reports that "U.S. top court agrees to hear air marshal whistleblower case" and "U.S. justices decline to hear dialysis machine patent case."
Posted at 09:35 AM by Howard Bashman



"Roberts Reunites High Court Majority After Obamacare Vote": Greg Stohr of Bloomberg News has this report.
Posted at 07:44 AM by Howard Bashman


Sunday, May 18, 2014

"Gay divorce locally paves way for Missouri couples; Same-sex divorce granted April 1 in Greene County was likely Missouri's first": This front page article appears in today's edition of The Springfield (Mo.) News-Leader.
Posted at 11:07 PM by Howard Bashman


"Listen to what judges say during Orie Melvin appeal hearing": In Monday's edition of The Pittsburgh Tribune-Review, Adam Brandolph will have an article that begins, "The questions a panel of three Pennsylvania Superior Court judges poses to lawyers for former state Supreme Court Justice Joan Orie Melvin on Tuesday could suggest their stance on at least some of the issues she raises in her appeal of her corruption convictions, a legal expert said."
Posted at 11:02 PM by Howard Bashman


"Judges and Justice for Sale": Monday's edition of The New York Times will contain an editorial that begins, "Judicial elections have always been a bad idea."
Posted at 10:58 PM by Howard Bashman


"The Man Who Made Libertarians Wrong About the Constitution: How Richard Epstein's highly influential, highly politicized scholarship cemented Tea Party dogma." In the May 26, 2014 issue of The New Republic magazine, law professor Cass R. Sunstein has this review of law professor Richard A. Epstein's new book, "The Classical Liberal Constitution: The Uncertain Quest for Limited Government."
Posted at 10:51 PM by Howard Bashman


"Justices May Hold Fate of Children Who Lost Place in Immigration Line": James Barron will have this article in Monday's edition of The New York Times.
Posted at 08:02 PM by Howard Bashman


"Wading through the malarkey of judges as umpires": Law professor Alan Garfield has this essay online at The News Journal of Wilmington, Delaware.
Posted at 07:58 PM by Howard Bashman


"Keep politics out of the courthouse": Online at The Washington Post, Ruth McGregor and Randall Shepard have an op-ed that begins, "The chaos surrounding the execution of convicted murderer Clayton Lockett was not just a wake-up call on capital punishment and how it is administered. The final hours also saw political efforts to bully and weaken Oklahoma's courts. Similar battles are playing out around the country, threatening the ability of our courts to be fair and impartial."
Posted at 07:54 PM by Howard Bashman


"Why Abortion-Rights Activists Should Fear the Supreme Court; A high-court ruling is seen as a likely last-ditch effort to stop sweeping antiabortion legislation passed in Texas and other states; But counting on a win is a very risky gamble for the law's opponents": Sophie Novack and Sam Baker have this report online at National Journal.
Posted at 07:50 PM by Howard Bashman


"Progressives Hailed Filibuster Reform, But It Could Haunt Them On Michael Boggs": Jennifer Bendery of The Huffington Post has this report today.
Posted at 10:30 AM by Howard Bashman


"Coats had front-row seat to two U.S. Supreme Court nominations": Dan Carden of The Times of Munster, Indiana has an article that begins, "Hoosiers today know Dan Coats as their U.S. senator, but nine years ago his informal title was far more exotic -- Sherpa."
Posted at 09:32 AM by Howard Bashman


"Delaware's ties to Brown decision strong, unique; When the Supreme Court heard Brown, it was actually dealing with combined lawsuits from several states, including two from Delaware": The News Journal of Wilmington, Delaware has this report.
Posted at 09:30 AM by Howard Bashman


"Alabama abortion law set for federal trial": Brian Lyman has this front page article in today's edition of The Montgomery Advertiser.
Posted at 09:25 AM by Howard Bashman


"Supreme Court Decisions to Shape Policy, Campaigns": David Hawkings has this blog post online today at Roll Call.
Posted at 09:20 AM by Howard Bashman


"Taser death in La. could get Supreme Court review": Mark Sherman of The Associated Press has this report.
Posted at 09:16 AM by Howard Bashman


Saturday, May 17, 2014

"Everyone should know just how much the government lied to defend the NSA; A web of deception has finally been untangled: the Justice Department got the US supreme court to dismiss a case that could have curtailed the NSA's dragnet. Why?" Trevor Timm has this essay online today at The Guardian (UK).
Posted at 10:14 PM by Howard Bashman


"Down on the Farm: Why do American farmers need some of the strongest anti-whistleblower laws in the land?" Josh Voorhees has this essay online at Slate.
Posted at 09:48 PM by Howard Bashman


"Senate Democrats should quit stalling on two judicial nominations": The Washington Post has an editorial that begins, "Two of President Obama's judicial nominees are having trouble. But this time, Democrats are behind much of the obstruction."
Posted at 09:44 PM by Howard Bashman


"Holder swipes at Roberts on race": Josh Gerstein has this blog post at Politico.com.
Posted at 09:28 PM by Howard Bashman


"Same-sex marriage sure to return to Supreme Court": This front page article appears today in The Boston Globe, together with a front page article headlined "Celebrating 10 years of gay marriage in Mass.; For a time, it seemed the gay marriage revolution might stop where it started; Then came a wave of change."
Posted at 08:40 PM by Howard Bashman


In today's mail: I received a review copy of the book "Uncertain Justice: The Roberts Court and the Constitution," by Laurence Tribe and Joshua Matz. The book is scheduled to go on sale June 3, 2014.

According to "Above the Law," Matz is currently clerking for Ninth Circuit Judge Stephen Reinhardt and will clerk at the U.S. Supreme Court next Term for Justice Anthony M. Kennedy.
Posted at 01:37 PM by Howard Bashman



"U.S. marks 60th anniversary of Brown ruling that desegregated schools": Michael Muskal of The Los Angeles Times has this news analysis.

And online at The New Yorker, Columbia University President Lee C. Bollinger has a blog post titled "Sixty Years Later, We Need a New Brown."
Posted at 10:44 AM by Howard Bashman



"Is GOP minority recruitment affirmative action?" The Associated Press has an article that begins, "The Republican Party is hiring people to reach out to black and Hispanic communities, and setting goals for the number of minority candidates it will recruit. At the same time, Republican judges are moving closer to a long-held conservative goal of ending affirmative action."
Posted at 10:40 AM by Howard Bashman


"Utah Supreme Court halts same-sex adoption cases; The ruling is in response to a request by Utah Attorney General's Office": Michael McFall and Marissa Lang have this article today in The Salt Lake Tribune.

And The Deseret News reports that "Utah Supreme Court issues stay in same-sex adoption cases."

You can view last night's order of the Supreme Court of Utah at this link.
Posted at 10:38 AM by Howard Bashman



"The Worst Argument Ever Made Against Gay Marriage: And that's saying something." Law professor David S. Cohen has this jurisprudence essay online at Slate.
Posted at 10:30 AM by Howard Bashman


Friday, May 16, 2014

"After 1st gay marriages, 'joy spread'": The Associated Press has a report that begins, "Newlyweds and couples celebrated Friday along with the lead lawyer in the landmark case behind the first same-sex marriages in Massachusetts and the nation 10 years ago."
Posted at 11:58 PM by Howard Bashman


"Federal judge halts forced-feeding of 1 Guantanamo captive; A federal judge in Washington has ordered a temporary halt to the military's forced-feeding at Guantanamo of a long-held Syrian captive": Carol Rosenberg of The Miami Herald has this report.
Posted at 11:00 PM by Howard Bashman


"Meat labeling vs. free speech: A fine meal for judges." Michael Doyle of McClatchy Washington Bureau has this article previewing an en banc oral argument scheduled for Monday in the U.S. Court of Appeals for the D.C. Circuit.
Posted at 10:48 PM by Howard Bashman


"California finds 'right to privacy' for anonymous online commenters": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 10:42 PM by Howard Bashman


"You Don't See What I See: The Supreme Court Justices can't stop calling each other 'blind.'" Dahlia Lithwick has this jurisprudence essay online at Slate today.
Posted at 02:11 PM by Howard Bashman


"Gay Marriage Is Off Again in Idaho and On in Arkansas": Bloomberg News has this report.
Posted at 08:14 AM by Howard Bashman


"At Diploma Ceremony, Justice Scalia Reflects on the Future of the Legal Academy": William & Mary Law School has this report.
Posted at 08:12 AM by Howard Bashman


"'Jock tax' exemption in Ohio law is unconstitutional, ex-NFL player tells Supreme Court": The Cleveland Plain Dealer has an article that begins, "An Ohio law allowing most visiting professional athletes and entertainers to be charged municipal income tax is unconstitutional, according to an Ohio Supreme Court brief filed Wednesday by a former National Football League player."
Posted at 08:09 AM by Howard Bashman


"NJ lawyers to highlight judicial independence at annual conference": The Newark Star-Ledger has an article that begins, "As Gov. Chris Christie tries to reshape the state courts, New Jersey's largest group of lawyers will meet today to discuss 'how today's political climate affects judicial independence.'"
Posted at 07:58 AM by Howard Bashman


Thursday, May 15, 2014

"U.S. Report Addresses Concern Over Obama's Plan to Close Guantanamo": Charlie Savage will have this article in Friday's edition of The New York Times.
Posted at 11:24 PM by Howard Bashman


"Frankie Valli wins divorce case in California Supreme Court": Bob Egelko of The San Francisco Chronicle has this report.

And Howard Mintz of The San Jose Mercury News reports that "Frankie Valli wins case in California Supreme Court."

You can access today's ruling of the Supreme Court of California at this link.
Posted at 11:16 PM by Howard Bashman



"The case for term-limiting Supreme Court justices: Lifetime appointments were meant to preserve judicial independence; But the high court has devolved into a political body with too much power." Matt Bruenig has this essay online today at The Week.
Posted at 10:14 PM by Howard Bashman


"Harry Reid slams President Obama judge pick Michael Boggs": Burgess Everett of Politico.com has this report.

And The Associated Press reports that "Reid opposes Obama court pick."
Posted at 10:09 PM by Howard Bashman



"Why Texas Is So Good at the Death Penalty -- Killing people, sad to say, is like most anything else: The more you do it, the better you get." Law professor David R. Dow has this article online at Politico Magazine.

And online at The New Republic, Lane Florsheim has an essay titled "How Texas Keeps Putting the Intellectually Disabled on Death Row; The Supreme Court said it was unconstitutional but gave states wiggle room."
Posted at 10:07 PM by Howard Bashman



"9th Circuit Court temporarily halts Idaho same-sex marriages": The Idaho Statesman has this news update.

And The Associated Press reports that "Appeals court puts Idaho gay marriages on hold."

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 04:20 PM by Howard Bashman



Carlos Beltran loses Seventh Circuit appeal, must serve 168 months in prison: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 02:33 PM by Howard Bashman


"Post-Dispatch, other media sue for execution drug disclosure": The St. Louis Post-Dispatch has a news update that begins, "The Post-Dispatch and several other news agencies are suing the Missouri Department of Corrections to compel it to release information about the drugs the state uses for lethal injection executions."

And The Associated Press reports that "Media file lawsuit to challenge execution secrecy."

You can view the complaint initiating suit at this link.
Posted at 02:28 PM by Howard Bashman



"10 years later, gay marriage tactics still in use": The Associated Press has this report.
Posted at 02:22 PM by Howard Bashman


"We All Have the Right to Be Forgotten: Europe is ahead of the United States in repairing the damage to privacy the Internet -- and especially Google -- has wrought." Law professor Eric Posner has this essay online at Slate.
Posted at 02:18 PM by Howard Bashman


"Is Beshear trying to lose Kentucky gay-marriage appeal?" This front page article appears today in The Courier-Journal of Louisville, Kentucky.
Posted at 02:14 PM by Howard Bashman


"Cornelia Groefsema Kennedy: Pioneer was 1st female chief judge of a U.S. District Court." The Detroit Free Press has published an obituary that begins, "Former U.S. 6th Circuit Court of Appeals Judge Cornelia Groefsema Kennedy, a legal pioneer who was the first female judge appointed to the federal court bench in Detroit and the first female chief judge of any U.S. District Court, died Monday at her Grosse Pointe Woods home."
Posted at 01:37 PM by Howard Bashman


"Conservative states emerge as battleground on same-sex marriage": Dennis Romboy has this article in today's edition of The Deseret News.

And at the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Constitution Check: Who gets credit for the same-sex marriage revolution?"
Posted at 09:30 AM by Howard Bashman



"Segregation gains ground 60 years after Brown": The Associated Press has this report.

And Education Week has a series of related articles under the heading "Brown at 60: New Diversity, Familiar Disparities."
Posted at 08:14 AM by Howard Bashman



"Are Supreme Court justices becoming 'party judges'?" Michael McGough has this essay online at The Los Angeles Times.

And at The Week, Scott Lemieux has an essay titled "Can the Supreme Court be rescued from politics? The court in recent years has only grown more polarized and ideological; And the trend lines don't look good."
Posted at 07:58 AM by Howard Bashman



Wednesday, May 14, 2014

"Federal court strikes down state rule on political issue ads": Jason Stein and Patrick Marley of The Milwaukee Journal Sentinel have this news update.

And The Associated Press has a report headlined "Court: Wisconsin campaign finance laws went too far."

You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 11:20 PM by Howard Bashman



"Don't Force Google to 'Forget'": Online at The New York Times, law professor Jonathan Zittrain has an essay that begins, "The European Court of Justice ruled on Tuesday that Europeans have a limited 'right to be forgotten' by search engines like Google."

My earlier coverage of yesterday's ruling appears at this link.
Posted at 09:14 PM by Howard Bashman



"Idaho scrambling over same-sex marriage ban ruling": The Associated Press has a report that begins, "A federal judge's decision to allow same-sex marriages in Idaho starting Friday has attorneys for the state scrambling to appeal and gay rights advocates planning their next steps."
Posted at 09:07 PM by Howard Bashman


"Judicial bias: Playing favourites." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 08:44 PM by Howard Bashman


"Still Tinkering": Linda Greenhouse has this essay online at The New York Times.
Posted at 08:34 PM by Howard Bashman


"Cellist Yo-Yo Ma plays Supreme Court": The Associated Press has this report.
Posted at 08:32 PM by Howard Bashman


"Top Court Champions Freedom to Annoy": This article appears today in The New York Times.

And The Associated Press reports that "NY court upholds online impersonator charges."

You can access yesterday's ruling of the Court of Appeals of New York -- that state's highest court -- at this link.
Posted at 05:58 PM by Howard Bashman



"Hyundai to Appeal $240 Million Montana Crash Jury Verdict": Bloomberg News has this report.

And The Associated Press has a report headlined "Jury: Hyundai owes $240M in punitive damages."
Posted at 04:53 PM by Howard Bashman



"U.S. lawsuit alleging SD memory card price-fixing is revived": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 04:48 PM by Howard Bashman


"ND appeals federal judge's ruling on abortion ban": The Associated Press has this report.
Posted at 02:07 PM by Howard Bashman


"Supreme Court bars police claims of racist juries to win confessions": This front page article appears today in The Times of Munster, Indiana.

Tim Evans of The Indianapolis Star has an article headlined "Officer's comments to black suspect go too far, court rules."

And The Post-Tribune of Merrillville, Indiana reports that "Court throws out Gary man's murder confession."

You can access yesterday's ruling of the Supreme Court of Indiana at this link.
Posted at 01:05 PM by Howard Bashman



"Don't hold David Barron's judicial nomination hostage": This editorial appears in today's edition of The Los Angeles Times.
Posted at 09:03 AM by Howard Bashman


"Chief Justice Rabner, reporting for jury duty": The Star-Ledger of Newark, New Jersey has this report.
Posted at 08:50 AM by Howard Bashman


"Motorists battle with BMV over quirky license plates": Tim Evans has this front page article today in The Indianapolis Star.
Posted at 08:47 AM by Howard Bashman


"Drunk, yes, but was he annoying? State high court to rule on law's vague wording." Tim Evans has this front page article today in The Indianapolis Star.
Posted at 08:45 AM by Howard Bashman


"Campaign funders unite in wake of Supreme Court ruling; FEC gets slew of applications for joint committees": The Washington Times has this report.
Posted at 08:36 AM by Howard Bashman


"Appeals Court Grants Stay of Execution in Texas Based on Mental Disability Claim": This article appears in today's edition of The New York Times.
Posted at 08:35 AM by Howard Bashman


Tuesday, May 13, 2014

"U.S. court says trademarks can't disparage religious, ethnic groups": Diane Bartz of Reuters has this report.

My earlier coverage of today's Federal Circuit ruling appears at this link.
Posted at 09:14 PM by Howard Bashman



"Justice Dept. Criticized on Spying Statements": In Wednesday's edition of The New York Times, Charlie Savage will have an article that begins, "Two Democratic senators accused the Obama administration on Tuesday of seeking to 'ignore or justify' statements it made to the Supreme Court about warrantless surveillance by the National Security Agency, contributing to what they called a 'culture of misinformation' by the executive branch."
Posted at 08:34 PM by Howard Bashman


"Kennedy Versus Kennedy: Same-sex marriage divides the 4th Circuit." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:32 PM by Howard Bashman


"Appeals court stays execution of Houston man": The Houston Chronicle has this news update.

And The Associated Press reports that "Court halts execution over mental health claims."

Update: You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 05:36 PM by Howard Bashman



"Oracle vs. SAP: Court may order damages retrial." Howard Mintz of The San Jose Mercury News has this update.

Dan Levine of Reuters reports that "Oracle faces scrutiny over $1.3 bln verdict against SAP."

Bloomberg News reports that "Oracle Seeks to Revive $1.3 Billion SAP Copying Verdict."

And The Associated Press reports that "Oracle wants $1.3 billion SAP verdict reinstated."
Posted at 05:24 PM by Howard Bashman



"Judges question Arizona's restrictions of abortion pills": Howard Fischer of The Arizona Daily Star has this news update.

And The Associated Press reports that "Court appears poised keep blocking abortion rules."
Posted at 05:14 PM by Howard Bashman



"Obama's Best Judicial Nominee Yet: Why liberals should rally behind Pamela Harris." Law professor David Fontana has this essay online today at The New Republic.
Posted at 03:30 PM by Howard Bashman


"Senators scrutinize Boggs' past record": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "Michael Boggs, President Barack Obama's controversial judicial nominee, said Tuesday he would not let his personal beliefs guide his decision-making if confirmed to the U.S. District Court bench in Atlanta."

And The Associated Press reports that "Senate Dems skewer Obama judge pick from Georgia."

You can access the video from this morning's U.S. Senate Judiciary Committee confirmation hearing via this link.
Posted at 03:22 PM by Howard Bashman



Access online the audio from today's Fourth Circuit oral argument in Bostic v. Schaefer: The U.S. Court of Appeals for the Fourth Circuit has posted the oral argument audio at this link (64.4 MB mp3 audio file).

And in other coverage, Chris Geidner of BuzzFeed reports that "Federal Appeals Court In Richmond Skeptical Of Virginia's Same-Sex Marriage Ban."
Posted at 03:11 PM by Howard Bashman



Federal Circuit upholds denial of trademark application for "Stop Islamisation of America": You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.

"The TTABlog" previously had posts here and here covering the appellate oral argument and the Trademark and Trial Appeal Board's ruling, which the Federal Circuit affirmed today.

And the American Freedom Law Center, which represented the trademark applicants, previously had news releases titled "Pamela Geller and Robert Spencer to Appeal Denial of 'Stop Islamisation of America' Trademark" and "Final Brief Filed in Appeal to USPTO's Denial of 'Stop Islamisation of America' Trademark."
Posted at 02:03 PM by Howard Bashman



"Michael Jackson's Former Publicist Can't Revive $44 Million Lawsuit; An appeals court considered what to do about a 'newly discovered' letter concerning the singer, his former rep and the Sultan of Brunei": Eriq Gardner has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter about a ruling that 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 "Michael Jackson's Ex-Publicist Loses Appeal in D.C. Circuit."
Posted at 01:45 PM by Howard Bashman



"Hearing on new Arizona abortion restrictions set": Howard Fischer has this article today in The Arizona Daily Star.

And The Associated Press reports that "Federal court to consider Arizona abortion rules."

The case is scheduled to be argued today before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. When the oral argument audio becomes available online, I will link to it.
Posted at 01:28 PM by Howard Bashman



"Google Must Honor Requests to Delete Some Links, E.U. Court Says": The New York Times has this news update.

Reuters reports that "European court says Google must respect 'right to be forgotten.'"

Bloomberg News reports that "Google Faces Demands as Court Backs Right to Be Forgotten."

And The Associated Press has a report headlined "European court: Google must yield on personal info."

You can access today's ruling of the Court of Justice of the European Union at this link.

Update: In other coverage, The Wall Street Journal reports that "Google Faces Challenges in Europe After Privacy Ruling; Surprise Decision Could Prove Highly Disruptive to Search-Engine Operators."
Posted at 01:03 PM by Howard Bashman



"EPA Defeats Bid for Tighter Coal Mine Air Pollution Rules": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 12:55 PM by Howard Bashman


"Appeals court judges seem sharply divided over Virginia ban on gay marriage": Robert Barnes of The Washington Post has this news update.

And The Associated Press reports that "Appeals court in Va. hears gay marriage case."
Posted at 12:50 PM by Howard Bashman



"With crowds outside, lawyers argue gay marriage": The Richmond (Va.) Times-Dispatch has this news update.

And David Sherfinski of The Washington Times has a news update headlined "Federal appeals court hears arguments on Virginia's same-sex marriage ban."

Earlier, Bloomberg News previewed this morning's Fourth Circuit oral argument in a report headlined "Gay Marriage Foes Argue Against Tide for Virginia's Ban."
Posted at 11:54 AM by Howard Bashman



Monday, May 12, 2014

"Appeals court to hear gay marriage case Tuesday": The Richmond (Va.) Times-Dispatch has this news update.

And The Virginian-Pilot reports that "Court to hear gay marriage ban arguments."
Posted at 11:30 PM by Howard Bashman



"Tampa judge won't grant gay divorce": The Tampa Tribune has this news update.
Posted at 11:28 PM by Howard Bashman


"Confronted on Execution, Texas Proudly Says It Kills Efficiently": This article will appear in Tuesday's edition of The New York Times.
Posted at 11:27 PM by Howard Bashman


"Scales of Justice: How a terrible Supreme Court decision about player pianos made the cover song what it is today." Law professors Kal Raustiala and Chris Sprigman have this essay online at Slate.
Posted at 11:18 PM by Howard Bashman


"The Supreme Court saddles up for an attack on retiree benefits": Columnist Michael Hiltzik has this essay online at The Los Angeles Times.
Posted at 11:15 PM by Howard Bashman


"Supreme Court looks at wrinkle in right to face your accuser": Michael Doyle of McClatchy Washington Bureau has this report.
Posted at 11:14 PM by Howard Bashman


"Attorney for Trayvon Martin takes on Bellaire police shooting": The Houston Chronicle has a news update that begins, "Pastors, legislators and the civil rights attorney who represented Trayvon Martin's family against George Zimmerman last year vowed Monday to get justice for Robbie Tolan, the former minor league baseball player who was shot by a Bellaire police sergeant in 2008."
Posted at 11:11 PM by Howard Bashman


"Supreme Court puts its legitimacy at risk": Law professor Eric Segall has this essay at CNN.com.
Posted at 11:08 PM by Howard Bashman


"Liberal Guilt: In the push to abolish the capital punishment, opponents of the death penalty have made it less safe." Boer Deng and Dahlia Lithwick have this jurisprudence essay online at Slate.
Posted at 09:33 PM by Howard Bashman


"South Florida judge confirmed to 11th Circuit": The South Florida Sun Sentinel has this news update.
Posted at 09:30 PM by Howard Bashman


"David Barron should be confirmed to US Court of Appeals": Law professors Charles Fried and Laurence H. Tribe will have this op-ed in Tuesday's edition of The Boston Globe.
Posted at 07:55 PM by Howard Bashman


"Justices' jabs reveal ideological, partisan splits": Richard Wolf of USA Today has this report.
Posted at 07:46 PM by Howard Bashman


"Why Civil Libertarians and Drone Critics Should Support David Barron": Law professor David Cole has this blog post today at "Just Security."
Posted at 06:12 PM by Howard Bashman


"Oracle, SAP copyright feud back to court in San Francisco": Howard Mintz of The San Jose Mercury News has this update reporting on a case scheduled for oral argument tomorrow before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 06:09 PM by Howard Bashman


"Congress eyes 2014 round of judicial conferences": Jamie Dupree had this post Saturday at the "Washington Insider" blog of The Atlanta Journal-Constitution.
Posted at 06:08 PM by Howard Bashman


"SCOTUSblog Credentialing Appeal Will Play Out in Public Hearing": Hannah Hess has this blog post online at Roll Call.
Posted at 06:05 PM by Howard Bashman


"J.B. Van Hollen appeals ruling striking down Wisconsin voter ID law": Patrick Marley of The Milwaukee Journal Sentinel has this news update.
Posted at 06:03 PM by Howard Bashman


"9th Circuit upholds mustang roundups on CA-NV line": The Associated Press has this report on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Wild Horse Helicopter Roundups OK."
Posted at 02:31 PM by Howard Bashman



"Show Us the Drone Memos": U.S. Senator Rand Paul (R-KY) has this op-ed in today's edition of The New York Times.
Posted at 01:45 PM by Howard Bashman


"Judge Posner Responds to Latest Criticism in Feud": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 01:44 PM by Howard Bashman


"Public prayer: Supreme Court's ruling not likely to change NH ways." Today's edition of The New Hampshire Union Leader contains this article.
Posted at 08:00 AM by Howard Bashman


"Justice hearing casino repeal case tied to Suffolk Downs": The Boston Globe has this report.
Posted at 07:58 AM by Howard Bashman


"Liberal groups urge Senate to block Obama judicial nominees": Timothy M. Phelps has this article in today's edition of The Los Angeles Times.
Posted at 07:56 AM by Howard Bashman


Sunday, May 11, 2014

"As Utah waits for same-sex ruling, marriage battle spreads through nation; Support appears to be growing for same-sex marriage": Marissa Lang has this article in today's edition of The Salt Lake Tribune.
Posted at 08:54 PM by Howard Bashman


"The man behind NJ's Supreme Court gun case: Mark Di Ionno." The Newark Star-Ledger has this report.
Posted at 08:50 PM by Howard Bashman


"Federal Judges Lynn Adelman, Rudolph Randa are polar opposites": Daniel Bice, Jason Stein, and John Diedrich have this front page article in today's edition of The Milwaukee Journal Sentinel.

And The Wisconsin State Journal has an article headlined "'John Doe' ruling may land in U.S. Supreme Court."
Posted at 08:44 PM by Howard Bashman



"Same-sex marriage: 10 years on, it's becoming the norm; In 2004, Massachusetts became the first state to legalize same-sex marriage; Since then, the legal, political, and social movement to recognize gay marriage has spread significantly." Brad Knickerbocker of The Christian Science Monitor has this report.
Posted at 08:40 PM by Howard Bashman


"Supreme Court Takes a Pass on Legislative Prayer": Kenneth Jost has this post today at his blog, "Jost On Justice."
Posted at 08:08 PM by Howard Bashman


"After Supreme Court's decision on prayers at meetings, what about crosses?" Robert Barnes will have this new installment of his "The High Court" column in Monday's edition of The Washington Post.
Posted at 08:04 PM by Howard Bashman


"Defending the Open Internet": This article focusing on law professor Tim Wu appears in today's edition of The New York Times.
Posted at 07:26 PM by Howard Bashman


"The Polarized Court": Adam Liptak has this article in the Sunday Review section of today's edition of The New York Times.
Posted at 05:54 PM by Howard Bashman


"Belmont Law graduation draws Supreme Court Justice": The Tennessean has this report.
Posted at 05:50 PM by Howard Bashman


"Oracle wins big appeals court ruling against Google in software copyright case": This article appeared in yesterday's edition of The San Jose Mercury News.

The Guardian (UK) reports that "Google faces fresh trial over Android copyright after 2012 ruling struck down; Oracle wins appeal in row over Java APIs reignited after judge struck down 2012 ruling stating APIs could not be copyrighted."

David Kravets of Ars Technica reports that "Oracle's Java API code protected by copyright, appeals court rules; Code, structure, sequence, and API organization entitled to copyright protection."

Seth Rosenblatt of c|net reports that "Court sides with Oracle over Android in Java patent appeal; Oracle wins big in protracted legal fight over use of Java APIs in Android, as appeals court rejects pro-Google ruling."

Online at Vox, Timothy B. Lee reports that "The court that created the patent troll mess is screwing up copyright too."

At Wired.com's "Enterprise" blog, Robert McMillan has a post titled "Why Oracle's Copyright Victory Over Google Is Bad News for Everyone."

Russell Brandom of The Verge reports that "Federal court overturns Google v. Oracle decision, setting disastrous precedent."

And at Electronic Frontier Foundation's "Deeplinks" blog, Corynne McSherry has a post titled "Dangerous Decision in Oracle v. Google: Federal Circuit Reverses Sensible Lower Court Ruling on APIs."

My earlier coverage of Friday's Federal Circuit ruling can be accessed here.
Posted at 08:45 AM by Howard Bashman



Saturday, May 10, 2014

"Supreme Court Prayer Ruling Shows Shift in Church-State Barriers; Decision Could Accelerate Trend of Court's Interest in Protecting Religious Expression": Jess Bravin has this article in today's edition of The Wall Street Journal.

And yesterday at WSJ.com's "Law Blog," Bravin had a post titled "State Churches? Justice Clarence Thomas Hears the Call."
Posted at 05:06 PM by Howard Bashman



"Court: Privacy Outweighs Public Interest in Dispute Over Cell Tracking Records." At "The BLT: The Blog of Legal Times," Zoe Tillman has this post reporting on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued yesterday.

And The Associated Press reports that "Court sides with US in cell-tracking records case."
Posted at 04:55 PM by Howard Bashman



"Same-sex marriage opponents invoke Justice Kennedy": Mark Sherman of The Associated Press has this report.
Posted at 11:20 AM by Howard Bashman


"The Confrontation Clause -- again, and again": Lyle Denniston has this post at "SCOTUSblog."
Posted at 11:17 AM by Howard Bashman


"At issue in this case is a law passed by the government of Puerto Rico to obtain information about the owners of prepaid cell phones." So begins a ruling that the U.S. Court of Appeals for the First Circuit issued yesterday.
Posted at 09:02 AM by Howard Bashman


Friday, May 9, 2014

"'Under God' will remain in pledge, Mass. SJC rules": John R. Ellement of The Boston Globe has a news update that begins, "The state's highest court today rejected the proposition that the phrase 'under God' in the Pledge of Allegiance violated the religious beliefs and equal rights of an atheist family with children in the Acton-Boxborough Regional School District."

And The Associated Press has a report headlined "Massachusetts: Pledge of Allegiance not religious."

You can access today's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 05:12 PM by Howard Bashman



"Appeals court upholds stronger soot standard": Pete Yost of The Associated Press has this report.

And Bloomberg News reports that "Obama Scores Third Court Victory in Air Pollution Fight."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 05:06 PM by Howard Bashman



"Oracle wins copyright ruling against Google over Android": Dan Levine and Diane Bartz of Reuters have this report.

And Bloomberg News reports that "Oracle Can Pursue Claims Google Copied Java, Court Says."

You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 05:03 PM by Howard Bashman



"Ruling allows judge candidates more freedom during campaign season": Howard Fischer of The East Valley Tribune has a news update that begins, "Arizonans who want to get elected as judges cannot be subject to the same campaign rules and restrictions that apply to those already on the bench, a federal appeals court ruled Friday."

And The Associated Press reports that "Court rejects rules on Arizona judicial candidates."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 04:52 PM by Howard Bashman



"There's a Legal War Over the Definition of Rape: And Tiger Mom's husband has waded right into it." Nora Caplan-Bricker has this essay online at The New Republic.
Posted at 11:35 AM by Howard Bashman


"Obamacare challenges falling flat in federal courts": Richard Wolf of USA Today has this report.

And Michael Doyle of McClatchy Washington Bureau reports that "Judges seem skeptical over latest challenge to health care law."
Posted at 11:33 AM by Howard Bashman



"Supreme Court's Next Potential Religion Case: Public School Graduation at Church." Mark Walsh has this post yesterday at the "School Law" blog of Education Week.
Posted at 11:26 AM by Howard Bashman


"Federal judge stops Doe probe again, calls appeal frivolous": Patrick Marley, Daniel Bice, and Jason Stein have this front page article in today's edition of The Milwaukee Journal Sentinel.
Posted at 10:24 AM by Howard Bashman


"How 'Company Doe' -- now revealed as ErgoBaby -- triggered 1st Amendment case": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 10:22 AM by Howard Bashman


"Pamela Harris Nominated to Fourth Circuit": Todd Ruger has this post at "The BLT: The Blog of Legal Times."

Yesterday, the White House issued a news release titled "President Obama Nominates Pamela Harris to Serve on the United States Court of Appeals."
Posted at 10:20 AM by Howard Bashman



"In U.S., when high-tech meets high court, high jinks ensue": Lawrence Hurley of Reuters has this report today.
Posted at 10:16 AM by Howard Bashman


Thursday, May 8, 2014

"New legal battle opens over Obamacare and contraceptives": David G. Savage of The Los Angeles Times has a news update that begins, "Even as the Supreme Court weighs one challenge to the Obama administration's rule that female employees be offered health plans that include a full range of contraceptives, lawyers for several prominent Catholic groups are seeking to set up a potential Round 2 in the fight."

You can access the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit via this link (33.4 MB mp3 audio file).
Posted at 10:30 PM by Howard Bashman



"Conservative group wants Obamacare declared a tax; Lawsuit based on 'Origination Clause'": Stephen Dinan of The Washington Times has this news update.

Earlier, Warren Richey of The Christian Science Monitor previewed the case, argued today at the U.S. Court of Appeals for the D.C. Circuit, in an article headlined "New bid to topple Obamacare in court: Did Harry Reid bend the rules? Senate majority leader Harry Reid violated the Constitution in his maneuverings to pass Obamacare, a conservative legal fund argues; The case will go before a federal panel of judges Thursday."

You can access the audio of today's D.C. Circuit oral argument via this link (17.2 MB mp3 audio file).
Posted at 10:26 PM by Howard Bashman



"'Father of lethal injection' talks about history, his legacy to Oklahoma; The doctor who came up with the method talks about his legacy in Oklahoma and the U.S." This front page article appears today in The Tulsa World. The newspaper also has an update headlined "Oklahoma death row inmate granted six-month execution stay."

In related coverage, today's broadcast of NPR's "Morning Edition" contained an audio segment titled "The Executioner's Lament."

And online at Slate, Emily Bazelon has a jurisprudence essay titled "Two Americas: In much of the country, the death penalty is disappearing; In the South, it lives on."
Posted at 10:20 PM by Howard Bashman



"Wiretap claims fail against Facebook, Zynga in disclosure lawsuit": Dan Levine of Reuters has this report.

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Facebook, Zynga Wiretap Claims Fail."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Meanwhile, in related coverage, Bloomberg News has an article headlined "Facebook, Zynga Fraud Claim Reinstated by Appeals Court" reporting on a separate non-precedential ruling that the Ninth Circuit issued today.
Posted at 10:05 PM by Howard Bashman



"Pennsylvania governor won't appeal voter ID ruling": The Associated Press has this report.
Posted at 09:56 PM by Howard Bashman


"It May Already Be Too Late to Confirm a Replacement for Ruth Bader Ginsburg": Simon Lazarus and Tom Donnelly have this essay online today at The New Republic.
Posted at 09:48 PM by Howard Bashman


"Antonin Scalia Emerges As Fighter For Fourth Amendment Privacy Rights": Sahil Kapur of TPM DC has this report today.
Posted at 09:46 PM by Howard Bashman


"Pa. Supreme Court to decide Msgr. Lynn's case": Joseph A. Slobodzian of The Philadelphia Inquirer has a news update that begins, "Pennsylvania's Supreme Court agreed on Thursday to resolve the contested key legal theory underpinning the landmark 2012 prosecution of the first Catholic Church official charged in the clergy child sex-abuse scandal."

And The Associated Press reports that "Church official's case headed to state high court."

You can access today's order of the Supreme Court of Pennsylvania granting allowance of appeal at this link.
Posted at 09:42 PM by Howard Bashman



"Justice Samuel Alito to speak at Belmont Law's commencement": The Tennessean has this report.
Posted at 09:33 PM by Howard Bashman


"Schuette's same-sex marriage brief: Let affirmative action ruling guide this case." The Detroit Free Press has this report today.
Posted at 05:06 PM by Howard Bashman


"'Improper photography' in Texas -- oral argument in Ex parte Thompson, before the Texas Court of Criminal Appeals": Eugene Volokh has this post today at "The Volokh Conspiracy."
Posted at 04:57 PM by Howard Bashman


"Ergobaby Revealed as 'Company Doe'": Jacob Gershman has this post today at WSJ.com's "Law Blog."
Posted at 04:50 PM by Howard Bashman


"Plea for a new church-state ruling": Lyle Denniston has this post at "SCOTUSblog."
Posted at 04:48 PM by Howard Bashman


In posts today from Tony Mauro at "The BLT: The Blog of Legal Times." Tony today has posts titled "New Study Revisits Scalia-Posner Feud" and "Coalition Urges Easier Access to Justices' Financial Forms."

Bryan A. Garner today provided this link to the study referenced in Tony's first post noted above.
Posted at 04:45 PM by Howard Bashman



"Supreme Court: Trooper shouldn't have been fired for sex with domestic violence victim." This front page article appears today in The Anchorage Daily News.

You can access last Friday's 3-to-2 ruling of the Supreme Court of Alaska at this link.
Posted at 04:40 PM by Howard Bashman



"N.H. Supreme Court backs 'COPSLIE' vanity plate, overturns lower court decision": Jeremy Blackman has this front page article today in The Concord Monitor.

You can access yesterday's ruling of the Supreme Court of New Hampshire at this link.
Posted at 04:36 PM by Howard Bashman



"Bill would address Supreme Court ruling on porn victims; Effort seeks 'full restitution' from porn viewers": Cheryl Wetzstein of The Washington Times has this report.
Posted at 07:46 AM by Howard Bashman


"Argentina's bondholders urge against Supreme Court appeal": Nick Brown and Lawrence Hurley of Reuters have this report.
Posted at 07:44 AM by Howard Bashman


Wednesday, May 7, 2014

"Supreme Injustice": Online at The New York Times, Thomas B. Edsall has an essay that begins, "The Supreme Court's ruling earlier this spring in McCutcheon v F.E.C., which increased the amount of money donors can contribute to political campaigns for federal office, has added new fuel to an 80-year-old debate between those who contend that the Supreme Court decides cases on the basis of abstract principles of law and those who argue that judicial rulings are based primarily on political and economic considerations."
Posted at 11:42 PM by Howard Bashman


"Wide Majorities Losing Faith In John Roberts' Supreme Court, Want Term Limits": Ryan Grim of The Huffington Post has this article reporting on "a new survey by the Democratic-aligned firm Greenberg Quinlan Rosner."
Posted at 11:28 PM by Howard Bashman


"Mobile couple becomes latest to challenge same-sex marriage ban; adoption is focus": The Mobile (Ala.) Press-Register has this news update.

And The Associated Press reports that "Alabama women sue to get marriage recognized."
Posted at 11:18 PM by Howard Bashman



"Federal appeals court stays ruling halting Doe probe into Walker recall": The Milwaukee Journal Sentinel has this news update reporting on an order that a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued today.

And The Associated Press reports that "Appeals court delays Wisconsin governor's big win."

At his "Election Law Blog," Rick Hasen discusses the development in a post titled "7th Circuit Issues Stay in Wisconsin John Doe Case,"
Posted at 11:11 PM by Howard Bashman



"If Ruth Bader Ginsburg Retires, How Would the Court Shift?" Linda Killian has this post today at WSJ.com's "Washington Wire" blog.
Posted at 10:34 AM by Howard Bashman


"After Oklahoma's botched execution, here comes the cover-up; There is nothing independent about this 'independent investigation'": Andrew Cohen has this essay online today at The Week.

And in today's news, The Tulsa World reports that "Lawyers for executed Oklahoma inmate say a second autopsy will be conducted; Lawyers for an executed inmate say a private doctor will do the examination."

The Associated Press has a report headlined "Lawsuit: Controversy should delay Texas execution."

And The Washington Post reports that "States should use a single drug for executions, criminal justice experts say."
Posted at 10:30 AM by Howard Bashman



"High-stakes business cases take center stage at U.S. high court": Lawrence Hurley of Reuters has this report.
Posted at 10:07 AM by Howard Bashman


"Supreme Court Favorability Rebounds; Continuing Partisan Divide in Views of Court's Ideology": The Pew Research Center for the People & the Press issued this news release yesterday on its latest U.S. Supreme Court-related survey results.

In related news coverage, Adam Serwer of msnbc.com reports that "Conservative Supreme Court seen favorably by . . . Democrats?"
Posted at 07:24 AM by Howard Bashman



Tuesday, May 6, 2014

Fifth Circuit rejects antitrust challenge to BBCOR baseball bat standard: You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

Lawyers may appreciate that the "R" in this particular acronym stands for "Restitution."
Posted at 11:16 PM by Howard Bashman



"Drone memo author endorsed call for transparency": Adam Serwer of msnbc.com has a report that begins, "Before he authored legal memos related to the Obama administration's targeted killing program, David Barron joined a group of left-leaning legal scholars and endorsed a statement of principles urging more transparency from the very office now withholding his work from the public."
Posted at 11:05 PM by Howard Bashman


"Town prayer case challengers: The debate matters." The Associated Press has a report that begins, "Two upstate New York women who challenged their town board's pre-meeting prayers before the nation's highest court said Tuesday their disappointment in losing is softened by the dialogue the case has inspired."
Posted at 11:04 PM by Howard Bashman


"Elena Kagan and the Politics of Politeness": Amy Davidson has this blog post online today at The New Yorker.
Posted at 11:02 PM by Howard Bashman


"Schuette: An impact on same-sex marriage?" Lyle Denniston has this post today at "SCOTUSblog."
Posted at 11:00 PM by Howard Bashman


Programming note: Additional posts will appear here tonight.
Posted at 02:11 PM by Howard Bashman


"Yuma Courthouse Dedication Honors Memory of Slain Judge": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has this report.
Posted at 02:03 PM by Howard Bashman


"Like Stephen Colbert before her, Peta Lindsay didn't want to become president of the United States. She just wanted to run." So begins an opinion that Chief Judge Alex Kozinski issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 02:00 PM by Howard Bashman


D.C. Circuit Judge David S. Tatel expresses his doubts about the constitutionality of the Prison Litigation Reform Act's "three-strikes" provision: In a concurring opinion issued today.
Posted at 01:46 PM by Howard Bashman


"White House offers to show senators drone memo": The Associated Press has a report that begins, "Hoping to head off another confirmation battle, the White House said Tuesday that it will allow senators to review a secret paper justifying the drone strike on an American citizen written by one of President Barack Obama's appellate court nominees."
Posted at 01:28 PM by Howard Bashman


"Sotomayor Finds Her Voice Among the Justices": Adam Liptak will have this article in Wednesday's edition of The New York Times.
Posted at 01:14 PM by Howard Bashman


"Kansas Supreme Court judge confirmed to 10th U.S. Circuit Court of Appeals; Obama administration nominated Nancy Moritz in August": The Topeka Capital-Journal has this report.

And The Associated Press reports that "US Senate confirms Kansas justice to federal court."

You can access the U.S. Senate's official roll call vote confirming the nomination last night at this link.
Posted at 11:04 AM by Howard Bashman



Celebrating 12 years of "How Appealing": For those who like to keep track of such things, today is this blog's 12th birthday. Thanks to all of this blog's many friends and readers for all of their tips, input, enthusiasm, and loyal support.
Posted at 10:55 AM by Howard Bashman


"What are the Supreme Court justices hiding?" Law professor Eric J. Segall has this op-ed in today's edition of The Los Angeles Times. The newspaper is sporting a newly redesigned web site.
Posted at 10:10 AM by Howard Bashman


"The U.S. Constitution Is Impossible to Amend: Blame the founders -- other countries routinely update their constitutions, but ours may as well be written in stone." Law professor Eric Posner has this essay online at Slate.
Posted at 10:07 AM by Howard Bashman


"Justices Turn Away Case About Carrying Guns in Public": Adam Liptak has this article in today's edition of The New York Times.
Posted at 07:58 AM by Howard Bashman


"Outside Spending Enters Arena of Judicial Races": Erik Eckholm has this article today in The New York Times.
Posted at 07:50 AM by Howard Bashman


Monday, May 5, 2014

"America's Capital Punishment Crisis: As governor, I oversaw the execution of 19 murderers; But now the death penalty is making me queasy." Mark White has this essay online at Politico Magazine.
Posted at 11:55 PM by Howard Bashman


"Judicial Nominee's Memos on Drones Stirring Bipartisan Concern in the Senate": In Tuesday's edition of The New York Times, Jeremy W. Peters will have an article that begins, "President Obama's choice for a powerful appeals court appointment is in peril from both the left and the right, highlighting how the fraught politics of an election year are threatening the president's agenda even among his allies on Capitol Hill."
Posted at 11:52 PM by Howard Bashman


"Supreme Court to Hear T-Mobile Cell-Tower Case; Justices to Decide If Local Governments Must Give Detailed Written Reasons When Towers Denied": Brent Kendall will have this article in Tuesday's edition of The Wall Street Journal.
Posted at 09:40 PM by Howard Bashman


"When religion meets politics, U.S. justices sharpen their pencils": Joan Biskupic of Reuters has this report.
Posted at 09:37 PM by Howard Bashman


"Let Us Pray: The Supreme Court gives its blessing for prayer at town meetings; Get ready for a lot more Jesus in your life." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:18 PM by Howard Bashman


"Law students push to license dead Chinese attorney": The Associated Press has a report that begins, "In a decision still studied in law schools as a 19th century lesson in bigotry, the California Supreme Court in 1890 denied Hong Yeng Chang's application to practice law solely because he was Chinese."
Posted at 08:22 PM by Howard Bashman


"Tour operators challenge licensing in court": Pete Yost of The Associated Press has a report that begins, "Skeptical judges on a federal appeals court on Monday questioned why the nation's capital requires that tour guides be licensed by the local government."

You can access at this link (14.7 MB mp3 audio file) the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.
Posted at 04:18 PM by Howard Bashman



"No En Banc Review or Rehearing in Carrera v. Bayer": Bruce D. Greenberg has this post today at his blog, "New Jersey Appellate Law," reporting on an order denying rehearing en banc, and the dissent therefrom, that the U.S. Court of Appeals for the Third Circuit issued last Friday. Immediately after the dissent appears the original three-judge panel's explanation for its reason for denying panel rehearing.
Posted at 02:36 PM by Howard Bashman


"Standing to Sue Obama: Congress should challenge his refusal to enforce the law." This editorial appears today in The Wall Street Journal.
Posted at 02:20 PM by Howard Bashman


"The Problems With the Death Penalty Are Already Crystal Clear: The president has commissioned yet another study of lethal injections; He'd be better off lobbying the Supreme Court and Congress to make changes." Andrew Cohen has this essay online today at The Atlantic.
Posted at 12:57 PM by Howard Bashman


"In Justices' Votes, Free Speech Often Means 'Speech I Agree With'": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 12:44 PM by Howard Bashman


"Supreme Court Refuses to Hear Major Second Amendment Case": Damon Root has this post at Reason.com's "Hit & Run" blog.
Posted at 11:30 AM by Howard Bashman


"Business racks up wins with Roberts court": The Hill has this report today.
Posted at 11:27 AM by Howard Bashman


"Supreme Court Allows Prayers at Town Meetings": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court upholds legislative prayer at council meetings."

And David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court upholds Christian prayers at city council meetings."

Update: At "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: Prayers get a new blessing."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Supreme Court Upholds Prayers at Municipal Meetings."
Posted at 11:09 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 Stephen G. Breyer delivered the opinion for a unanimous Court in Robers v. United States, No. 12-9012. Justice Sonia Sotomayor issued a concurring opinion, in which Justice Ruth Bader Ginsburg joined. You can access the oral argument via this link.

2. And Justice Anthony M. Kennedy delivered the opinion of the Court in large measure in Town of Greece v. Galloway, No. 12-696. Justices Antonin Scalia and Clarence Thomas joined most but not all of the opinion of the Court. Justice Samuel A. Alito, Jr. issued a concurring opinion, in which Justice Scalia joined. Justice Clarence Thomas issued an opinion concurring in the judgment, in which Justice Scalia joined in part. Justice Breyer issued a dissenting opinion. And Justice Elena Kagan issued a dissenting opinion, in which Justices Ginsburg, Breyer, 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 ruling favors prayer at council meeting."

Lawrence Hurley of Reuters reports that "U.S. top court endorses prayers before town meetings."

Greg Stohr of Bloomberg News reports that "Legislative Prayer Backed in U.S. Supreme Court Ruling."

Richard Wolf of USA Today reports that "Supreme Court upholds prayer at government meetings."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Divided Supreme Court Blesses Town's Opening Prayer."
Posted at 10:06 AM by Howard Bashman



"Possible outcomes plentiful in appeal of Amendment 3 ruling": Dennis Romboy of The Deseret News has this report.
Posted at 09:58 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 two new cases.

In addition, the Court issued a per curiam opinion, summarily vacating the judgment of the U.S. Court of Appeals for the Fifth Circuit, in Tolan v. Cotton, No. 13-551. Justice Samuel A. Alito, Jr. issued an opinion, in which Justice Antonin Scalia joined, concurring in the judgment.

And Justice Alito issued a dissent, in which Justice Scalia joined, from the denial of certiorari in Beard v. Aguilar, No. 13-677.

In early news coverage, The Associated Press reports that "High court rejects appeal on gun rights in public"; "Court rejects challenge to city's immigration law"; and "Court revives victim lawsuit in mistaken shooting."

Greg Stohr of Bloomberg News reports that "New Jersey Gun-Carrying Limit Left Intact by High Court"; "Undocumented-Immigrant Housing Ban Allowed by High Court"; and "Guantanamo Inmate Claiming to Be Medic Rejected by Court."

And Lawrence Hurley of Reuters reports that "U.S. Supreme Court declines new gun regulations challenge" and "Supreme Court declines to hear Nebraska immigration case."
Posted at 09:52 AM by Howard Bashman



"Texas Is Permanently Shutting Abortion Clinics and the Supreme Court Can't Do Anything About It; Regardless of what the judicial system does with Texas's antiabortion law, its on-the-ground effects are unlikely to be reversed": Sophie Novack of National Journal has this article today.
Posted at 07:56 AM by Howard Bashman


"Retired justice speaks up: Stinging dissent on political cash." This editorial appears today in The Boston Globe.
Posted at 07:55 AM by Howard Bashman


"Harper comments 'inappropriate', says lawyer who mounted Nadon challenge; Chief Justice Beverley McLachlin 'has not done anything wrong by raising the flag': Rocco Galati." The Canadian Press has this report.
Posted at 07:54 AM by Howard Bashman


"Ice-Cream Defense: Arguing before Justice Sotomayor." Rebecca Mead has this item (subscription required for full access) in The Talk of the Town section of the May 12, 2014 issue of The New Yorker.
Posted at 07:50 AM by Howard Bashman


"Scalia's Anti-Government Stress Disorder": Kenneth Jost has this post at his blog, "Jost On Justice."
Posted at 07:40 AM by Howard Bashman


Sunday, May 4, 2014

"PMO snubs lawyers' request for clarity on allegation against Chief Justice": In Monday's edition of The Toronto Globe and Mail, Sean Fine and Kim Mackrael will have an article that begins, "The Prime Minister's Office is rejecting a call from Canada's legal community to clarify its statement about the Supreme Court, leaving unresolved an allegation that the Chief Justice behaved improperly."
Posted at 10:32 PM by Howard Bashman


"Grass-roots fundraising at heart of same-sex marriage fight; It's a grass-roots pocketbook issue for folks on both sides of same-sex court fight": Marissa Lang has this front page article in today's edition of The Salt Lake Tribune.
Posted at 10:28 PM by Howard Bashman


"Juvenile sex-offender registries are challenged": The Associated Press has this report.
Posted at 10:02 PM by Howard Bashman


One-half of "The Becker-Posner Blog" is no more: Today, the University of Chicago issued a news release titled "Gary S. Becker, Nobel-winning scholar of economics and sociology, 1930-2014."

And Monday's edition of The Wall Street Journal will contain an obituary headlined "Gary Becker, a Nobel Prize-winning Economist, Dies at 83; University of Chicago Scholar Expanded Field Beyond Scope, Establishing Groundreaking Ties to Human Behavior."
Posted at 09:45 PM by Howard Bashman



"An appeals victory might open new inquiries into anti-smoking drug": Michael Doyle of McClatchy Washington Bureau has this report today.
Posted at 08:54 PM by Howard Bashman


"The Three-Drug Death Penalty Cocktail is a Mess": Jerry A. Coyne has this essay online today at The New Republic.
Posted at 08:40 PM by Howard Bashman


"Gay, married and back in South Dakota: How one lesbian couple will push back against state's gay marriage ban, and the prevailing culture." This front page article appears today in The Rapid City Journal.
Posted at 08:37 PM by Howard Bashman


"Terrorism case defense wants surveillance records": The Associated Press has a report that begins, "Attorneys for a Chicago terrorism suspect are urging a federal appeals court to uphold a trial judge's decision to grant defense lawyers unprecedented access to secret intelligence-court records."
Posted at 07:54 PM by Howard Bashman


"Many questions remain unanswered after Tuesday's execution in McAlester; The state Corrections Department released a timeline of events for Tuesday's execution, but did not include who made the final call to proceed with the lethal injection of Clayton Derrell Lockett, despite having only one usable vein": The Oklahoman has this report.

Today's edition of The Tulsa World contains front page articles headlined "Oklahomans' view on death penalty unchanged despite bungled execution; Oklahoma leads the U.S. in per capita executions since 1976 and trails only Texas in total numbers" and "Turmoil around botched execution prevents closure for victims' families; Death row inmate killed teen because she wouldn't back down."

And columnist John Archibald of The Birmingham (Ala.) News has an essay titled "Outrage over botched executions misses a point."
Posted at 09:50 AM by Howard Bashman



"Nadon spat between Harper, chief justice McLachlin called 'disturbing'; Head of Canadian Bar Association hopes PR battle a misunderstanding": The Canadian Press has this report.
Posted at 09:40 AM by Howard Bashman


"From death row to freedom: Paul House case has implications in death penalty fight." Brian Haas has this front page article in today's edition of The Tennessean.
Posted at 09:38 AM by Howard Bashman


"Response to Justice Antonin Scalia gaffe offers a lesson in partisan outrage": Robert Barnes of The Washington Post has this report.
Posted at 09:33 AM by Howard Bashman


Saturday, May 3, 2014

"The fallible Justice Scalia": Columnist Ruth Marcus of The Washington Post has this essay.
Posted at 08:56 PM by Howard Bashman


"Arkansas AG supports gay marriage, will defend ban": The Associated Press has this report.
Posted at 03:00 PM by Howard Bashman


"Guantanamo Prosecutor Asks Judge to Hold Off Declassification": Charlie Savage will have this article in Sunday's edition of The New York Times.
Posted at 02:00 PM by Howard Bashman


"Technology law will soon be reshaped by people who don't use email; The US supreme court doesn't understand the internet; Laugh all you want, but when NSA, Pandora and privacy cases hit the docket, the lack of tech savvy on the bench gets scary": Trevor Timm has this essay online today at The Guardian (UK).
Posted at 01:50 PM by Howard Bashman


"In Okla., little argument over the final outcome for inmate who died after botched execution": This front page article appears today in The Washington Post.

And The Associated Press reports that "Lawmakers say they won't abandon death penalty."
Posted at 01:20 PM by Howard Bashman



"Proponents for change say concern over cameras in federal court is unfounded": David E. Frank and David Boeri have this front page article in the current issue of Massachusetts Lawyers Weekly.
Posted at 10:55 AM by Howard Bashman


"Oregon prisoner locked in solitary confinement 27 months loses appeal to punish prison system": Bryan Denson of The Oregonian has this article reporting on a decision that the U.S. Court of Appeals for the Ninth Circuit issued on Tuesday.
Posted at 10:52 AM by Howard Bashman


"How Not to Pick Judges": Maya Sen will have this essay in the Sunday Review section of tomorrow's edition of The New York Times.

Sen's article, "How Judicial Qualification Ratings May Disadvantage Minority and Female Candidates," appears in the Spring 2014 issue of the Journal of Law and Courts. You can freely access the entire article in PDF format via JSTOR.
Posted at 10:30 AM by Howard Bashman



"Religious Accommodation in the Age of Civil Rights": Harvard Law School hosted this event last month.

You can access hours and hours of video from the conference on YouTube via this link.
Posted at 10:22 AM by Howard Bashman



"Obama Orders Policy Review on Executions": This front page article appears in today's edition of The New York Times.

Today's edition of The Oklahoman contains a front page article headlined "Botched execution: Gov. Fallin labels investigation 'independent' though it's led by state official present at lethal injection; Man to lead 'independent' investigation is Oklahoma state official who was acting in an official capacity at the lethal injection that went bad."

Today's edition of The Tulsa World contains a front page article headlined "Investigation into botched execution to be headed by former DOC worker; Gov. Fallin names Michael Thompson to direct investigation of botched execution."

In today's edition of The Arizona Republic, Michael Kiefer has a front page article headlined "What Oklahoma's botched execution means for Arizona."

And The Guardian (UK) reports that "Texas plans three executions as courts mull secrecy of lethal drugs; Next execution scheduled to use drugs of secret origin; Legal battle over prison officials' secrecy nears decision."
Posted at 10:15 AM by Howard Bashman



Friday, May 2, 2014

"Obamacare's doom": The Washington Post tonight has posted online an op-ed by columnist George F. Will that begins, "If the president wants to witness a refutation of his assertion that the survival of the Affordable Care Act is assured, come Thursday he should stroll the 13 blocks from his office to the nation's second-most important court, the D.C. Circuit Court of Appeals."
Posted at 11:32 PM by Howard Bashman


"High court cross-state ruling leaves much unsettled for EPA": Jeremy P. Jacobs and Daniel Lippman of Greenwire have this report.
Posted at 11:30 PM by Howard Bashman


"Supreme Court panel upholds $7.5 million judgment favoring Wynn against video magnate": The Las Vegas Review-Journal has a news update that begins, "A panel of the Nevada Supreme Court has upheld a $7.5 million defamation judgment against soft-porn king Joe Francis on behalf of casino developer Steve Wynn."

I have posted online at this link yesterday's unpublished order of the Supreme Court of Nevada.
Posted at 11:22 PM by Howard Bashman



"Ruling on affirmative action ban now being argued in Utah same-sex marriage case": Dennis Romboy of The Deseret News has a news update that begins, "State attorneys in Utah's same-sex marriage fight are citing a new U.S. Supreme Court ruling that upholds Michigan's ban on using race as a factor in college admissions to bolster their case."
Posted at 08:56 PM by Howard Bashman


"Mining group seeks court review of coal dust rule": The Associated Press has this report.

And Bloomberg News reports that "Black Lung Mine Rule Challenged by Murray Energy."
Posted at 08:44 PM by Howard Bashman



"Summary Judgment and the Reasonable Jury Standard: A Proxy for a Judge's Own View of the Sufficiency of the Evidence?" Law professor Suja A. Thomas has posted this short article online at SSRN.
Posted at 04:20 PM by Howard Bashman


"Oklahoma Damage Might Extend to Judicial Independence": Today at "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "Judicial independence was another casualty of this week's debacle over the execution of a convicted murderer in Oklahoma, advocates for fair courts said on Friday."
Posted at 04:16 PM by Howard Bashman


"Who's the 'Bad Guy' Here?" Pamela A. MacLean has this post today at her "Trial Insider" blog reporting on a dissent from the denial of rehearing en banc issued today that Circuit Judge Stephen Reinhardt wrote, in which only Chief Judge Alex Kozinski joined.

My earlier coverage of the ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in the case, from October 2013, can be accessed here.
Posted at 03:50 PM by Howard Bashman



"U.S. juice maker POM rejects claim of misleading advertising": Diane Bartz of Reuters has this report. According to the article, "Thomas Goldstein, arguing for POM Wonderful, said the advertisements which most concerned the Federal Trade Commission were discontinued in 2005 and others were halted in 2007."

And at "The BLT: The Blog of Legal Times," Jenna Greene has a post titled "Appellate Panel Grills Pom on Deceptive Ads."

The case was argued today before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit. You can access the oral argument audio via this link (53.7 MB mp3 audio file).

Update: In other coverage, Brent Kendall of The Wall Street Journal has a news update headlined "Appeals Court Likely to Uphold FTC Ruling on Juice Maker Pom; Judges Questioned FT''s Decision to Bar Disease-Related Health Claims Without Two Randomized, Clinical Trials."
Posted at 03:40 PM by Howard Bashman



"Airlines exempt from Sept. 11 environmental claim -- U.S. court." Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 03:35 PM by Howard Bashman


"Botched Oklahoma execution: Autopsy portion of inquiry into problematic lethal injection likely to take two to three months; No more Oklahoma lethal injections are likely until end of investigation into botched execution; The autopsy portion of inquiry is expected to take two to three months alone." Rick Green of The Oklahoman has this news update.

And The Associated Press reports that "Unused dose of lethal cocktail to be tested."
Posted at 03:33 PM by Howard Bashman



"Chief Justice denies allegations of improper contact with PMO": Sean Fine of The Toronto Globe and Mail has a news update that begins, "Supreme Court Chief Justice Beverley McLachlin has categorically denied Prime Minister Stephen Harper's extraordinary public assertion that she attempted to contact him about a court case." In addition, law professor Errol Mendes has an essay titled "Attempt to smear Chief Justice an affront to our constitutional system."

The Toronto Star has an article headlined "Feud with Supreme Court part of a pattern for Harper government; Is the Supreme Court picking a fight with the Conservative government, or is it the other way around?"

CBC News has a report headlined "Beverley McLachlin, PMO give duelling statements on Nadon appointment fight; PMO says Harper refused to take call from Chief Justice Beverley McLachlin."

And The Canadian Press reports that "Harper says he did nothing wrong in nominating Marc Nadon to Supreme Court."
Posted at 01:25 PM by Howard Bashman



"Statement of Prop 8 Defender Chuck Cooper": Ed Whelan has this post today at National Review Online's "Bench Memos" blog.
Posted at 12:52 PM by Howard Bashman


"FindTheBest may be first to gain from Supreme Court's patent fee ruling; Startup wants back the $200k it spent to quash troll with a 'matchmaking' patent": Joe Mullin of Ars Technica has this report.
Posted at 12:00 PM by Howard Bashman


"The race to bring NSA surveillance to the Supreme Court: There are at least three pending cases against the agency with a shot at making it all the way." Adrianne Jeffries has this report online at The Verge.
Posted at 11:58 AM by Howard Bashman


"Legally Speaking: Saving Obamacare; A conversation with Donald B. Verrilli Jr., the 46th solicitor general of the United States." This written interview appears in the May 2014 issue of California Lawyer magazine.

You can view the video of the complete interview on YouTube by clicking here.
Posted at 11:17 AM by Howard Bashman



"For Now, Justice Ginsburg's 'Pathmarking' Doesn't Include Retirement; As Senior Member of the Supreme Court's Liberal Wing, She Strives to Make the Minority Heard": Jess Bravin of The Wall Street Journal has this article.

In addition, at WSJ.com's "Washington Wire" blog, Bravin has a post titled "Excerpts from WSJ Interview with Justice Ruth Bader Ginsburg."
Posted at 11:07 AM by Howard Bashman



Thursday, May 1, 2014

"A Surge Forward on Marriage Equality": This editorial will appear in Friday's edition of The New York Times.
Posted at 11:22 PM by Howard Bashman


"States are now targets of 'Citizens United'": Byron Tau of Politico.com has this report today.
Posted at 11:14 PM by Howard Bashman


"5 Law Blogs To Add To Your Daily Routine": Ama Sarfo of Law360.com tonight has this article (subscription required for full access), which includes "How Appealing" as first on its list of five law blogs to read on a daily basis.
Posted at 11:09 PM by Howard Bashman


"Harper alleges Supreme Court Chief Justice broke key rule with phone call": Sean Fine of The Toronto Globe and Mail has this news update.

The Toronto Star has a news update headlined "PM refused to take 'inadvisable, inappropriate' call from chief justice, PMO says; An unprecedented rift between the Prime Minister's Office and the Supreme Court of Canada -- the executive and judicial branches of government -- burst into the open Thursday evening."

And The Ottawa Citizen has a news update headlined "PMO says Harper avoided 'inappropriate' call from chief justice on Nadon."
Posted at 11:02 PM by Howard Bashman



"The New Aaron Swartz Documentary Looks Powerful; Here's the Trailer": Lily Hay Newman has this blog post online at Slate (linking to the movie trailer).

The movie's web site can be accessed here. The film is scheduled for release on June 27, 2014.
Posted at 10:34 PM by Howard Bashman



"Blessings in Disguise: The religious-freedom battle." Kelefa Sanneh has this Talk of the Town Comment in the May 5, 2014 issue of The New Yorker.
Posted at 10:03 PM by Howard Bashman


"New York court hears appeal of 9/11 detainees": The Associated Press has this report.
Posted at 08:34 PM by Howard Bashman


"Convicted murderer Lockett was hit with Taser leading up to execution; State Corrections Department report details events leading up to Lockett's execution": The Oklahoman has this news update. You can view the report at this link.

The Tulsa World has reports headlined "Execution proceeded despite vein damage, report says" and "Officials refuse to say if they tried to revive Clayton Lockett."

The New York Times has a news update headlined "Oklahoma Official Calls for Outside Review of Botched Execution."

And The Associated Press reports that "Oklahoma took 51 minutes to find vein in execution."
Posted at 08:30 PM by Howard Bashman



"Mary Yu becomes first Asian American, first gay on State Supreme Court": SeattlePI.com has this report.
Posted at 08:20 PM by Howard Bashman


"Senate Confirms Nine Judges This Week": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 06:12 PM by Howard Bashman


"Judges seem open to second-guessing FERC in N.Y. pipeline case": Jeremy P. Jacobs of Greenwire has this report.

You can access the audio of today's D.C. Circuit oral argument via this link (18.9 MB mp3 audio file).
Posted at 03:26 PM by Howard Bashman



"Commentary: From the bench to the podium." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 03:09 PM by Howard Bashman


"Appeals Court: Book Publisher Must Face Self-Dealing Lawsuit; Suing romance novelists believe that Harlequin used foreign subsidiaries to create artificially low net receipts on eBooks." Eriq Gardner has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 03:07 PM by Howard Bashman


"Legal Watchers Anticipate Supreme Court Decision On Vanderbilt Casino": Interlochen (Mich.) Public Radio has this report today (via "Turtle Talk").
Posted at 03:04 PM by Howard Bashman


Access online the audio of today's Sixth Circuit oral argument in Sarah Jones v. Dirty World Entertainment et al., No. 13-5946: The U.S. Court of Appeals for the Sixth Circuit has posted online today's oral argument of this case at this link (embedded audio).

This blog's related posts from earlier today can be accessed here and here.

And The Associated Press reports that "Internet giants eye cheerleader's defamation suit."
Posted at 02:55 PM by Howard Bashman



"Lawsuit seeks access to more secret court opinions": The Associated Press has this report.
Posted at 02:44 PM by Howard Bashman


"The Legal Foundation of NSA Surveillance on Americans: What the final clause of the Fourth Amendment means in interpreting the government's rights." Conor Friedersdorf has this essay online today at The Atlantic.
Posted at 01:56 PM by Howard Bashman


"Oklahoma execution nightmare shines light on California policies": Bob Egelko of The San Francisco Chronicle has this report.

The Guardian (UK) has a report headlined "Botched Oklahoma execution turns spotlight on US pharmaceutical firms; Loopholes found in US companies' policies for drugs used; White House says execution 'fell short of humane standards." In addition, law professor Randall T Coyne has an essay titled "It's time for the US supreme court to declare a death penalty moratorium; Clayton Lockett's agonizing final minutes were the results of a failed experiment, proving states can no longer be trusted to run their laboratories. Let's stop tinkering with the machinery of death."

Today's edition of The New York Times contains an editorial titled "State-Sponsored Horror in Oklahoma."

Online at The Atlantic, Matt Ford has an essay titled "Clayton Lockett and the World's Deepening Death-Penalty Divide; 'As a very sincere friend, I think this is unworthy of the United States of America,' one European lawmaker says."

And online at The Week, Scott Lemieux has an essay titled "John Paul Stevens is right: The death penalty is unconstitutional; Oklahoma's botched execution of Clayton Lockett has only underscored the barbarism of capital punishment."
Posted at 01:52 PM by Howard Bashman



"Never Scared Straight": Chris Weller and Elijah Wolfson have this article online at Newsweek.
Posted at 01:40 PM by Howard Bashman


"How judges are selected in Utah": Chief Justice Matthew B. Durrant of the Supreme Court of Utah has this op-ed today in The Salt Lake Tribune.
Posted at 01:36 PM by Howard Bashman


"Indiana Supreme Court upholds conviction of blogger who threatened judge": Tim Evans of The Indianapolis Star has this news update reporting on a ruling that the Supreme Court of Indiana issued today.

Update: At "The Volokh Conspiracy," Eugene Volokh has a post titled "First Amendment protects speech that threatens to expose judges to 'hatred, contempt, disgrace, or ridicule.'"
Posted at 01:25 PM by Howard Bashman



"Gossip website operator confident 'we just won'": Amber Hunt of The Cincinnati Enquirer has this news update.
Posted at 01:18 PM by Howard Bashman


"Roy Englert on the Oklahoma executions": Will Baude has this post today at "The Volokh Conspiracy."

Related video of Englert's appearance on yesterday evening's broadcast of The PBS NewsHour can be accessed here.
Posted at 01:15 PM by Howard Bashman



"Oklahoma Vows Review of Botched Execution": Erik Eckholm and John Schwartz have this front page article today in The New York Times.

And The Associated Press reports that "Botched execution could renew 'cruel' challenges."
Posted at 12:55 PM by Howard Bashman



"NC Supreme Court race sees outside money and negative ads": The News & Observer of Raleigh, North Carolina has this report.
Posted at 12:52 PM by Howard Bashman


"What the Supreme Court Doesn't Know About Smartphones Could Put You in Jail": Joe Kloc of Newsweek has this report.
Posted at 12:48 PM by Howard Bashman


"Sarah Jones' lawsuit against website packs big impact; Tech firms and First Amendment lawyers nationwide await a decision on suit against the gossip website TheDirty.com": In today's edition of The Cincinnati Enquirer, Amber Hunt has this front page article previewing a case being argued today at the U.S. Court of Appeals for the Sixth Circuit.

I will link to the oral argument audio once the Sixth Circuit posts it online. The panel hearing oral argument in the case consists of Circuit Judges Julia Smith Gibbons and Richard Allen Griffin and Senior Circuit Judge Ralph B. Guy, Jr.
Posted at 11:24 AM by Howard Bashman



Welcoming one of this blog's newest Twitter followers: Welcome to "Anti Bryan A. Garner," which is among the newest followers of "How Appealing" on Twitter.

Only days old, the Twitter feed "Anti Bryan A. Garner" already offers many high-value Tweets, including "The no. 1 rule of legal writing is verbosity" (inaugural Tweet); "The winning brief shows dedication to emotional appeals rather than a needless obsession with grammar or reasoning"; "You may disagree with his politics, but you can't rebuke the clarity and reasoning of Anthony Kennedy"; "Filing a brief on time leads a judge to believe you have too much free time, not enough clients, and therefore are a bad lawyer"; and "There are no strict rules when it comes to statutory interpretation."
Posted at 11:08 AM by Howard Bashman



"Home Stretch at the Supreme Court": Beginning now, the Constitutional Accountability Center is hosting this panel presentation at the National Press Club.

You can access the video live, online via this link. According to the event announcement emailed to me yesterday, "The panel will be moderated by Slate's Dahlia Lithwick and feature Erin Murphy, who recently argued and won McCutcheon v. FEC, Marty Lederman of Georgetown Law, and CAC's Elizabeth Wydra."
Posted at 09:29 AM by Howard Bashman



Fifth Circuit to decide whether "committee" of Congress includes "subcommittee" for purposes of federal criminal law: The Associated Press reports that "US seeks reinstatement of charge in BP spill case."

You can access the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit via this link (20.0 MB Windows Media audio file).
Posted at 08:54 AM by Howard Bashman



"The Supreme Court Will Never Kill the Death Penalty, Even With Botched Executions; Capital punishment is constitutional, but the way it's performed may never be; Only the public can shut down the machinery of death -- if it sees it killing": Mike Sacks has this essay online today at The Daily Beast.

In today's edition of The Oklahoman, Chris Casteel has an article headlined "U.S. Supreme Court has allowed 'some risk of pain' in executions; In a 2008 decision that upheld the three-drug protocol for lethal injections in Oklahoma and other states, the court acknowledged that errors could lead to pain for death row inmates." In addition, Jaclyn Cosgrove has an article headlined "How Oklahoma's execution drugs work: The three drugs used in a botched execution of convicted killer Clayton Derrell Lockett on Tuesday likely did not perform as intended, potentially leaving him 'paralyzed and burning' until his death, one pharmacology expert said Wednesday."

And today's edition of The Tulsa World contains an article headlined "Execution scrutiny rages after botched execution of Oklahoma inmate Clayton Lockett; Gov. Mary Fallin orders a review of the botched lethal injection of Clayton Lockett."
Posted at 08:44 AM by Howard Bashman



"Fired science teacher Freshwater petitions U.S. Supreme Court": The Associated Press has this report from Ohio.
Posted at 08:42 AM by Howard Bashman






Related Blogs