How Appealing

Monday, June 30, 2014

"Americans Losing Confidence in All Branches of U.S. Gov't; Confidence hits six-year low for presidency; record lows for Supreme Court, Congress": Gallup issued this news release today.
Posted at 10:40 PM by Howard Bashman


"The Trap in the Supreme Court's 'Narrow' Decisions": Jeffrey Toobin has this blog post online today at The New Yorker.
Posted at 10:15 PM by Howard Bashman


"Court: Bat maker not liable for pitcher's injuries." The Associated Press has this report on a non-precedential ruling that a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 10:04 PM by Howard Bashman


"Court: Teen in Mexico shot by US agent had rights." The Associated Press has a report that begins, "A U.S. appeals court says a Mexican teenager killed by a Border Patrol agent was protected by the U.S. Constitution even though he was on Mexican soil."

Earlier, The San Antonio Express-News reported on the lawsuit in a blog post titled "Family of Juarez teen sues agent."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 09:57 PM by Howard Bashman



"Abu Ghraib torture suit against contractor revived by federal court; Four Iraqis win an appeal in federal court for their case that contractor CACI International Inc directed and engaged in torture": Spencer Ackerman of The Guardian (UK) has this report.

Jonathan Stempel of Reuters reports that "Abu Ghraib torture lawsuit revived by U.S. appeals court."

And The Associated Press reports that "Appeals court revives Abu Ghraib torture lawsuit."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 09:30 PM by Howard Bashman



"Sanctions Against Death Penalty Lawyer Nixed": Courthouse News Service has a report that begins, "An attorney who criticized [Criminal Justice Act] payment delays and budget constraints was not trying to 'extort' a federal court and is likely not part of a coordinated plan to wear down enthusiasm for the death penalty, the 9th Circuit ruled Monday."

You can access today's interesting ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:50 PM by Howard Bashman



"The Absolutist: Ted Cruz is an unyielding debater -- and the far right's most formidable advocate." Jeffrey Toobin has this profile of U.S. Senator Ted Cruz (R-TX) in the June 30, 2014 issue of The New Yorker.
Posted at 08:30 PM by Howard Bashman


"U.S. appeals court blocks lawsuits over Darvon, Darvocet painkillers": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued last Friday.
Posted at 08:07 PM by Howard Bashman


"Fault lines re-emerge in U.S. Supreme Court at end of term": Joan Biskupic of Reuters has this report.
Posted at 07:58 PM by Howard Bashman


"Supreme Court Ruling Allows Some Public Workers to Opt Out of Union Fees": Steven Greenhouse will have this article in Tuesday's edition of The New York Times.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court: Home health-care workers can't be required to pay union fees."

David G. Savage and Timothy M. Phelps of The Los Angeles Times have a news update headlined "Supreme Court deals unions a limited hit in home-care workers case."

Stephanie Hagan of McClatchy Washington Bureau reports that "Supreme Court limits who must pay public-sector union fees."

Stephen Dinan of The Washington Times reports that "Supreme Court ruling dents public sector labor unions."

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court: Quasi-public workers can't be forced to pay union dues."

Greg Stohr and Andrew Harris of Bloomberg News report that "Mandatory Union Fees Curbed by High Court in Blow to Labor."

Amanda Becker and Lawrence Hurley of Reuters report that "U.S. top court lets some public employees avoid union dues."

At "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: A ruling inviting a plea to overrule."

And at the "School Law" blog of Education Week, Mark Walsh and Lauren Camera have a post titled "Narrow Supreme Court Ruling Has Public Unions' Nonmember Fees on Thin Ice."
Posted at 07:44 PM by Howard Bashman



"On the Next Docket: How the First Amendment Applies to Social Media." Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 07:30 PM by Howard Bashman


In commentary from law professor Noah Feldman: Online at Bloomberg View, he has essays titled "Supreme Court Keeps the Faith in Hobby Lobby" and "Court Doesn't Kill Unions. Yet."
Posted at 06:15 PM by Howard Bashman


"Hobby Lobby Win Could Spell Trouble For Religious Nonprofits": Laura Bassett and Ryan J. Reilly of The Huffington Post have this report.
Posted at 06:09 PM by Howard Bashman


All that's missing from Federal Circuit Judge Randall R. Rader's goodbye letter is his paean to appellate law bloggers: As the letter shows, now that he's formally left the building, he can publicly sing the praises of even more attorneys in private practice as "legends of reason and persuasion."
Posted at 05:08 PM by Howard Bashman


"Eleventh Circuit Injunction Against Accommodation": Ed Whelan has this post today at National Review Online's "Bench Memos" blog about an order, accompanied by a lengthy specially concurring opinion by Circuit Judge William H. Pryor, Jr., that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 05:02 PM by Howard Bashman


"Justice Ginsburg on Law -- and Opera": Jess Bravin has this post today at WSJ.com's "Law Blog."
Posted at 02:28 PM by Howard Bashman


"Supreme Court Rejects Contraceptives Mandate for Some Corporations; Justices Rule in Favor of Hobby Lobby": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court sides with employers over birth control mandate."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court rules on contraceptives; setback for Obama healthcare law."

Richard Wolf of USA Today reports that "Justices rule for Hobby Lobby on contraception mandate."

Stephanie Haven of McClatchy Washington Bureau reports that "Supreme Court says some businesses don't have to follow birth control coverage mandate."

Tom Howell Jr. of The Washington Times has a news update headlined "Hobby Lobby stunner: Supreme Court issues long-awaited ruling in birth-control dispute."

Chris Casteel of The Oklahoman reports that "Supreme Court sides with Hobby Lobby."

Lancaster Online reports that "Conestoga Wood Specialties wins in Supreme Court religious freedom appeal."

Jeremy Roebuck of The Philadelphia Inquirer has a news update headlined "High court: Certain firms can deny contraception coverage."

Greg Stohr of Bloomberg News reports that "Obama Contraceptive Insurance Rule Narrowed by Supreme Court."

Lawrence Hurley of Reuters reports that "U.S. justices uphold firms' religious objections to contraception."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: Does the new religious exemption go far enough?"
Posted at 02:14 PM by Howard Bashman



"Anthony Kennedy speaks about history, civics, flag burning and emerging issues": Dan Morain had this article in yesterday's issue of The Sacramento Bee.
Posted at 12:40 PM by Howard Bashman


Access online today's rulings of the U.S. Supreme Court in the two remaining undecided argued cases: 1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Harris v. Quinn, No. 11-681. Justice Elena Kagan issued a dissenting opinion, in which Justices Ruth Bader Ginsburg, Stephen G. Breyer, and Sonia Sotomayor joined. You can access the oral argument via this link.

2. And Justice Alito also delivered the opinion of the Court in Burwell v. Hobby Lobby Stores, Inc., No. 13-354. Justice Anthony M. Kennedy issued a concurring opinion. Justice Ginsburg issued a dissenting opinion, in which Justice Sotomayor joined in full and Justices Breyer and Kagan joined in part. And Justices Breyer and Kagan also jointly filed a dissenting opinion. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Justices: Can't make employers cover contraception" and "Court: Public union can't make nonmembers pay fees."
Posted at 10:06 AM by Howard Bashman



"Unions Fear This SCOTUS Case Could Bring Their 'Final Destruction'": Sahil Kapur of TPM DC has this report.
Posted at 09:58 AM by Howard Bashman


"Same-sex marriage +1: Judges take cue from justices." Bill Mears of CNN.com has this report.

And The Associated Press recently reported that "Federal judge from Santa Fe breaks streak of gay marriage unanimity."
Posted at 09:40 AM by Howard Bashman



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

In addition, Justice Samuel A. Alito, Jr. issued a statement respecting the denial of certiorari before judgment in Mount Soledad Memorial Ass'n v. Trunk, No. 13-1061.

In early news coverage, The Associated Press reports that "Court weighs government duty to settle bias claims"; "High court stays out of Mt. Soledad cross dispute"; "High court rejects Google appeal in snooping case"; "Court won't weigh Sept 11 claims vs. bin Laden kin"; "High court turns down California oyster farm"; "Court rejects Arab Bank's plea in terrorism suits"; and "Court won't allow Madoff trustee to sue banks."
Posted at 09:33 AM by Howard Bashman



"Court set to rule on Obamacare contraception mandate": Bill Mears of CNN.com has this report.

And Sahil Kapur of TPM DC has a report headlined "Hobby Lobby: Supreme Court To Rule In Landmark Birth Control Case."
Posted at 09:28 AM by Howard Bashman



Fifth Circuit refuses to recognize exception to federal criminal prohibition for lying to congressional "subcommittee": The Times-Picayune of New Orleans reports that "Ex-BP executive can be charged with lying to Congress, court rules."

And Jonathan Stempel of Reuters reports that "Ex-BP executive can be charged with obstructing Congress: U.S. court."

You can access Friday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 07:21 AM by Howard Bashman



Full access to "How Appealing" has been restored: I am pleased to report that full access to this blog has been restored in plenty of time ahead of the U.S. Supreme Court's issuance of this morning's final two rulings in argued cases.

Unfortunately, the third-party company that hosts this blog's online content did not provide sufficient notice either to me or to law.com that the site's DNS location would be changing effective first-thing Saturday morning. As a result, this site was unavailable online to most users all of Saturday and Sunday. Happily, law.com has already implemented the required fix on its end, which is why things are back up and running early today.
Posted at 07:14 AM by Howard Bashman



Sunday, June 29, 2014

"D.C. Tour Guide Regs Unconstitutional, Appeals Court Rules": Zoe Tillman has this post at "The BLT: The Blog of Legal Times" reporting on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued Friday.
Posted at 11:42 PM by Howard Bashman


"What To Look For in the Supreme Court Hobby Lobby Ruling": Pema Levy of Newsweek has this report.

And at msnbc, Irin Carmon has an article headlined "Every way the Supreme Court could rule in Hobby Lobby."
Posted at 04:52 PM by Howard Bashman



"Abortion battle spills across line at Boston clinic; Territory no longer protected as buffer zone erased": This article appears today in The Boston Globe.
Posted at 10:38 AM by Howard Bashman


"Is the Supreme Court Ready to Tackle Gay Marriage Bans?" Tracy Connor of NBC News has this report.
Posted at 10:33 AM by Howard Bashman


"When unanimous Supreme Court rulings aren't entirely unanimous": David G. Savage of The Los Angeles Times has this news analysis.
Posted at 09:52 AM by Howard Bashman


"Stung by Supreme Court, Aereo Suspends Service": This article appears in today's edition of The New York Times.
Posted at 09:50 AM by Howard Bashman


Saturday, June 28, 2014

"Reporter's Case Poses Dilemma for Justice Dept.; Case of James Risen, Times Reporter, Poses Dilemma for Justice Department": Jonathan Mahler has this front page article in today's edition of The New York Times.
Posted at 12:58 PM by Howard Bashman


"Aereo Ruling: The Winners and Losers; Hollywood's elated, Aereo's defeated as THR examines why the Supreme Court reached the decision it did." Jonathan Handel has this post at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 12:55 PM by Howard Bashman


"Lawyers Nervously Await Supreme Court Term's Final Day": Marcia Coyle has this post at "The BLT: The Blog of Legal Times."
Posted at 12:51 PM by Howard Bashman


"2013-2014 Supreme Court Review: Panelists at the American Constitution Society for Law and Policy discussed the 2013-2014 Supreme Court term." C-SPAN has posted online the video of yesterday's event at this link.
Posted at 10:34 AM by Howard Bashman


"High court poised to decide birth-control dispute": Mark Sherman of The Associated Press has this report.
Posted at 10:22 AM by Howard Bashman


Friday, June 27, 2014

"Mass. abortion clinic buffer zones ruled illegal": This front page article appears in today's edition of The Boston Globe, along with a front page article headlined "No finger-pointing at AG Martha Coakley over ruling."

The Boston Herald reports that "Abortion ruling has officials scrambling."

The Republican of Springfield, Massachusetts has articles headlined "Abortion protesters thrilled after Supreme Court strikes down clinic 'buffer zones'"; "Anti-abortion plaintiff Eleanor McCullen says clinic protests are about 'surrounding women with love'"; and "Reproductive rights activist Bill Baird: Supreme Court decision on abortion clinic buffer 'horrendous day' for women's rights."

In today's edition of The New York Times, Adam Liptak and John Schwartz have a front page article headlined "Court Rejects Zone to Buffer Abortion Clinic."

Robert Barnes of The Washington Post reports that "Court strikes down abortion clinic buffer zones."

In today's edition of The Los Angeles Times, David G. Savage has a front page article headlined "Supreme Court rejects abortion clinic buffer zone in nuanced ruling."

Richard Wolf of USA Today reports that "Supreme Court strikes down abortion clinic buffer zone."

Stephanie Haven of McClatchy Washington Bureau reports that "Abortion clinic buffer zone violates free speech, Supreme Court says."

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court, 9-0, nixes 35-foot 'buffer zone' at abortion clinic."

Cheryl Wetzstein of The Washington Times reports that "Unanimous court strikes down abortion 'buffer' for protesters."

Greg Stohr and Andrew Harris of Bloomberg News report that "Abortion-Clinic Buffer Zone Struck Down by Top U.S. Court."

Lawrence Hurley of Reuters reports that "U.S. high court curbs state limits on abortion clinic protests."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: A broader right to oppose abortion."
Posted at 10:54 AM by Howard Bashman



"A Prodigious Beginning, Then an Early Ending: 'The Internet's Own Boy: The Story of Aaron Swartz.'" Jeannette Catsoulis has this movie review in today's edition of The New York Times. The newspaper has designated the movie a "NYT Critics' Pick."
Posted at 10:32 AM by Howard Bashman


"New York's Ban on Big Sodas Is Rejected by Final Court": This article appears in today's edition of The New York Times reporting on a ruling that the New York State Court of Appeals issued yesterday.

And in other coverage, The New York Daily News reports that "Big sugary sodas win again! N.Y. Court of Appeals rules city had no right to restrict soda sizes."
Posted at 09:21 AM by Howard Bashman



"The Supreme Court Was Right to Allow Anti-Abortion Protests": Law professor Laurence H. Tribe has this essay online at The New York Times.
Posted at 09:07 AM by Howard Bashman


"The Supreme Court's Powerful New Consensus": Law professor Neal K. Katyal has this op-ed in today's edition of The New York Times.
Posted at 09:05 AM by Howard Bashman


"Murphy's Law": In the July 7, 2014 issue of National Review, Ed Whelan has this review of Bruce Allen Murphy's new book, "Scalia: A Court of One."
Posted at 08:56 AM by Howard Bashman


"The Fourth Amendment Goes Digital: The Supreme Courts shows it understands how cellphones tip the privacy balance." Ian MacDougall has this jurisprudence essay online at Slate.
Posted at 08:52 AM by Howard Bashman


Thursday, June 26, 2014

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

1. Justice Stephen G. Breyer delivered the opinion of the Court in NLRB v. Canning, No. 12-1281. And Justice Antonin Scalia issued an opinion concurring in the judgment, in Chief Justice John G. Roberts, Jr. and Justices Clarence Thomas and Samuel A. Alito, Jr. joined. You can access the oral argument via this link.

2. And Chief Justice Roberts delivered the opinion of the Court in McCullen v. Coakley, No. 12-1168. Justice Scalia issued an opinion concurring in the judgment, in which Justices Anthony M. Kennedy and Thomas joined. And Justice Alito issued an opinion concurring in the judgment. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "High court limits president's appointments power" and "High court voids abortion clinic protest-free zone."
Posted at 10:04 AM by Howard Bashman



Wednesday, June 25, 2014

"Major Ruling Shields Privacy of Cellphones; Supreme Court Says Phones Can't Be Searched Without a Warrant": Adam Liptak will have this article in Thursday's edition of The New York Times. And John Schwartz will have an article headlined "Cellphone Ruling Could Alter Police Methods, Experts Say."

In Thursday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court says police must get warrants for most cellphone searches." And Craig Timberg has an article headlined "Supreme Court cellphone ruling hints at broader curbs on surveillance."

In Thursday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Supreme Court rules police cannot search smartphones without warrant."

In Thursday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Supreme Court: Police Need Warrants to Search Cellphone Data; Unanimous Supreme Court Says Privacy Interests Outweigh Police Convenience."

Richard Wolf of USA Today reports that "Supreme Court limits police searches of cellphones."

Michael Doyle of McClatchy Washington Bureau reports that "Police need warrants to search smartphones, Supreme Court rules."

Warren Richey of The Christian Science Monitor has an article headlined "US Supreme Court to police: To search a cell phone, 'get a warrant.'"

Stephen Dinan of The Washington Times reports that "Supreme Court bans warrantless cell phone searches, updates privacy laws; Major ruling updates privacy laws for 21st century."

At Politico.com, Josh Gerstein and Tal Kopan report that "SCOTUS rules warrants needed for cellphone search." In addition, Gerstein has an article headlined "SCOTUS cellphone ruling resonates in NSA fight."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court's milestone ruling protects cellphone privacy."

Greg Stohr of Bloomberg News reports that "Police Need Warrant to Search Cell Phones, Top Court Says."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "High Court Ruling On Search Warrants Is Broader Than Cellphones."

At "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Justices Endorse Privacy in Cellphone Search Cases."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: Broad cloak of privacy for cellphones."
Posted at 10:40 PM by Howard Bashman



"Oklahoma death row inmates seek to halt executions": The Associated Press has this report.
Posted at 10:12 PM by Howard Bashman


"The Supreme Court Justices Have Cellphones, Too; The Supreme Court Rules in Favor of Cellphone Privacy": Linda Greenhouse has this essay online at The New York Times.
Posted at 10:06 PM by Howard Bashman


Access online this year's installment of Slate's "Supreme Court Breakfast Table": Dahlia Lithwick started the discussion this morning with a post titled "Is this the most pro-First Amendment court ever?"

Walter Dellinger followed with a post titled "A retirement decision is not a judicial act."

Next, Laurence H. Tribe has a post titled "Closing off one avenue of civil rights relief after another."

Seventh Circuit Judge Richard A. Posner's first post in the discussion is titled "Does Chief Justice John Roberts show a certain casualness about the truth?"

Judge Posner's son, Eric Posner, has a post titled "How exactly does this court know how significant the privacy interest is?"

Dahlia Lithwick's second post is titled "In the cellphone cases, the justices prove they are not Luddites."

Walter Dellinger's second post is titled "The court may no longer be the head cheerleader for the war on drugs."

And Emily Bazelon's first post, which is currently the most recent of all the posts, is titled "Scalia and Breyer battle it out to see who is the least clueless grandpa."
Posted at 05:30 PM by Howard Bashman



"10th Circuit Court upholds same-sex marriage; State of Utah will ruling appeal to U.S. Supreme Court": The Salt Lake Tribune has this news update.

The Deseret News has an update headlined "Federal appeals court rules against Utah's same-sex marriage ban."

The New York Times has a news update headlined "Utah Gay Marriage Ban Struck Down by Federal Appeals Court."

Chris Casteel of The Oklahoman has a news update headlined "10th Circuit Court Says States Can't Ban Gay Marriage."

The Associated Press has a report headlined "Appeals court: States can't ban gay marriage."

Bloomberg News reports that "Utah Gay-Marriage Ban Rejected in Appeals Court First."

Reuters reports that "U.S. courts back gay marriage in Utah, Indiana."

And at "SCOTUSblog," Lyle Denniston has a post titled "Utah ban on same-sex marriage nullified."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 04:40 PM by Howard Bashman



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

1. Justice Stephen G. Breyer delivered the opinion for a unanimous Court in Fifth Third Bancorp v. Dudenhoeffer, No. 12-751. You can access the oral argument via this link.

2. Justice Breyer also delivered the opinion of the Court in American Broadcasting Co. v. Aereo, Inc., No. 13-461. Justice Antonin Scalia issued a dissenting opinion, in which Justices Clarence Thomas and Samuel A. Alito, Jr. joined. You can access the oral argument via this link.

3 & 4. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Riley v. California, No.13-132, and United States v. Wurie, No. 13-212. Justice Alito issued an opinion concurring in part and concurring in the judgment. You can access the oral arguments here and here, respectively.

In early news coverage, The Associated Press reports that "Justice limit cellphone searches after arrests"; "Justices rule for broadcasters in fight with Aereo" and "Court sides with employees in retirement fund case."
Posted at 10:06 AM by Howard Bashman



"U.S. high court bucks pro-business trend this term": Lawrence Hurley of Reuters has this report.
Posted at 07:46 AM by Howard Bashman


"Why The Supreme Court's Decision in Halliburton Is Bad News For Investors And The Public": Andrew J. Pincus has this post at Mayer Brown's "Class Defense" blog.
Posted at 07:45 AM by Howard Bashman


"For same-sex marriage pioneer, a very busy year": Richard Wolf has this front page article in today's edition of USA Today.
Posted at 07:44 AM by Howard Bashman


Tuesday, June 24, 2014

"Federal court rules U.S. Airways pilots might have right to pursue claims": Howard Fischer of The East Valley Tribune has this news update reporting on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 11:08 PM by Howard Bashman


"Rallies, events mark one year after Supreme Court's voting rights decision in Shelby County case": AL.com has this report today.
Posted at 08:35 PM by Howard Bashman


"Man alleging Sluggerrr hurt his eye with a hot dog gets another chance with Royals lawsuit": Tony Rizzo of The Kansas City Star has a news update that begins, "A man allegedly injured by a hot dog tossed at a 2009 Royals game will get another chance to pursue his lawsuit against the team, the Missouri Supreme Court ruled Tuesday."

The Kansas City Business Journal has an article headlined "Supreme Court: Flying hot dogs not 'inherent risk' of Royals games."

And The Associated Press has a report headlined "Missouri Supreme Court: Fan hit in eye by hot dog from Royals mascot can have new trial."

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



"Bar asks state Supreme Court to suspend lawyer over microchip claim": The Tampa Bay Times has a news update that begins, "The Florida Bar on Tuesday asked the state Supreme Court to suspend a lawyer who asserts that others hurt and control her through a microchip illegally implanted in her brain."
Posted at 08:25 PM by Howard Bashman


"Awaiting Supreme Court's Hobby Lobby ruling, public favors contraception mandate": Religion News Service has this report.
Posted at 08:14 PM by Howard Bashman


"Poison Pill Hidden in the EPA Ruling": Law professor Cass R. Sunstein has this essay online today at Bloomberg View.
Posted at 08:09 PM by Howard Bashman


"EPA's Winning Streak Extended as High Court Backs Greenhouse Permits": Mark Drajem and Greg Stohr of Bloomberg News have this report today.
Posted at 05:16 PM by Howard Bashman


"Supreme Court Gives Broad Reach to Federal Bank-Fraud Law; High Court Rules Bank-Fraud Law Can Punish Check Fraud Aimed at Nonbank Victims": Jess Bravin and Brent Kendall have this article in today's edition of The Wall Street Journal.
Posted at 05:10 PM by Howard Bashman


"Major gay rights ruling left intact": Howard Mintz of The San Jose Mercury News has this update.

Dan Levine of Reuters reports that "U.S. court refuses to undo gay rights ruling in pharma case."

The Associated Press reports that "Court rejects appeal of gay jury selection case."

At "SCOTUSblog," Lyle Denniston has a post titled "Tough test in gay rights cases finalized."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Potential Gay Jurors May Not be Barred."

You can access at this link today's order of the U.S. Court of Appeals for the Ninth Circuit denying rehearing en banc, from which three judges noted their dissent.
Posted at 03:42 PM by Howard Bashman



"U.S. Supreme Court rejects challenge to DUI machines": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 03:36 PM by Howard Bashman


"Q&A: U.S. top court upholds basics of Basic v. Levinson decision." Joan Biskupic of Reuters has this report.
Posted at 03:33 PM by Howard Bashman


"Supreme Court Rifts Nothing New, Law Scholar Says": Andrew Harris of Bloomberg News has this report.
Posted at 03:32 PM by Howard Bashman


"EPA's first carbon regs nearly unscathed after years of litigation": Jeremy P. Jacobs of Greenwire has an article that begins, "In announcing the majority opinion for the Supreme Court's ruling yesterday on U.S. EPA's permitting for greenhouse gases, Justice Antonin Scalia -- no friend of EPA -- gave the agency a pat on the back."
Posted at 03:25 PM by Howard Bashman


Monday, June 23, 2014

"Senate reaffirms decision to deny press pass to Scotusblog; Website dedicated to covering the US supreme court is denied press pass on conflict-of-interest grounds": The Guardian (UK) has this report.

And at Roll Call, Hannah Hess has a blog post titled "SCOTUSBlog Wants Senate Rules Committee to Interpret 'Editorial Independence.'"
Posted at 09:54 PM by Howard Bashman



In posts of interest from Eriq Gardner at the "Hollywood, Esq." blog of The Hollywood Reporter: A post titled "George Clinton Can't Prevent Sound Recordings From Being Sold; Record labels might also have reason to cheer an opinion delivered on Monday by a federal appeals court" reports on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

And a separate post today is titled "Hollywood Guilds Want Supreme Court to Hear Marvel Characters Dispute; The Screen Actors Guild, the Directors Guild of America and the Writers Guild of America are rallying behind efforts by the heirs of Jack Kirby to terminate rights to Spider-Man, The Fantastic Four and the Avengers."
Posted at 09:32 PM by Howard Bashman



"New Hurdle In Investors' Class Actions": Adam Liptak will have this article in Tuesday's edition of The New York Times. And at the newspaper's "DealBook" blog, Steven M. Davidoff has a post titled "Supreme Court Tinkering With Securities Class Actions."

Robert Barnes of The Washington Post has a news update headlined "Supreme Court rules in Halliburton securities fraud case."

Brent Kendall of The Wall Street Journal reports that "High Court Gives Companies More Room to Challenge Class Actions; Supreme Court Strikes Middle Ground on Securities Fraud Lawsuits in Case Involving Halliburton."

Richard Wolf of USA Today reports that "Justices side with investors in securities fraud case."

Greg Stohr of Bloomberg News reports that "Shareholder Class-Action Suits Curbed by U.S. High Court."

Lawrence Hurley and Jonathan Stempel of Reuters report that "U.S. top court adds limit to securities class actions."

Alison Frankel's "On the Case" from Thomson Reuters News & Insight is titled "SCOTUS Halliburton ruling could backfire for securities defendants."

At Bloomberg View, Matt Levine has an essay titled "There Will Always Be Stock-Drop Lawsuits."

And at Forbes.com, Daniel Fisher has a post titled "Supreme Court Leaves Fraud On Market Intact, Makes Life A Bit Harder For Securities Plaintiffs."
Posted at 07:45 PM by Howard Bashman



In the July 2014 issue of ABA Journal magazine: Joel Cohen has "An interview with Judge Richard A. Posner." Perhaps coincidentally, the July 2014 issue appears not to contain any new installment of Bryan A. Garner's "On Words" column.

Steven Seidenberg has an article headlined "Federal Circuit gets reined in over patent fees in infringement suits."

David L. Hudson Jr. has an article headlined "When should bloggers count as journalists in defamation suits?"

And Abby Seiff has the issue's cover story headlined "How countries are successfully using the law to get looted cultural treasures back."
Posted at 05:14 PM by Howard Bashman



In commentary from law professor Noah Feldman: Online at Bloomberg View, he has essays titled "Clean Air Versus Clean Law"; "Markets Are Efficient Enough for Justice Roberts"; and "Sticky-Fingered Missionary Clarifies Bank Fraud."
Posted at 05:06 PM by Howard Bashman


"Party like it's 1999 -- the denial of a press credential to SCOTUSblog": Eugene Volokh has this post at "The Volokh Conspiracy."
Posted at 04:28 PM by Howard Bashman


"Justices, With Limits, Let E.P.A. Curb Power-Plant Gases": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court: EPA can regulate greenhouse gas emissions, with some limits."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court upholds rules curbing greenhouse gases from power plants."

Brent Kendall of The Wall Street Journal has a news update headlined "Supreme Court Ruling Backs Most EPA Emission Controls; Justices Say EPA Can Require Pollution Controls but Limit Permitting Process."

Richard Wolf of USA Today reports that "Supreme Court limits greenhouse gas regulations."

Michael Doyle of McClatchy Washington Bureau has a blog post titled "Supreme Court limits EPA power to regulate greenhouse gas pollution."

The Washington Times has a news update headlined "Supreme Court hits Obama's global warming agenda."

Greg Stohr and Mark Drajem of Bloomberg News reports that "Obama Gets Partial Court Win on EPA's Climate Permits."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court cuts back climate change regulation."

Jeremy P. Jacobs of Greenwire reports that "Supreme Court trims EPA greenhouse gas permitting."

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Justices Limit EPA's Greenhouse-Gas Regulations."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: EPA mostly wins, but with criticism."
Posted at 01:40 PM by Howard Bashman



"Which Supreme Court Justices Vote Together Most and Least Often": The Upshot of The New York Times has this report today.
Posted at 01:28 PM by Howard Bashman


"Amtrak Rulemaking Clash Draws Scrutiny From Supreme Court": Greg Stohr of Bloomberg News has this report, along with articles headlined "Wisconsin Rebuffed by Court in Defense of Abortion Rules"; "Medtronic Rejected by Supreme Court on Paraplegic Suit"; and "New Jersey Sports Betting Bid Rejected by Supreme Court."

Lawrence Hurley of Reuters reports that "U.S. top court rejects Wisconsin abortion case" and "U.S. top court declines to revive New Jersey sports betting law."

The Milwaukee Journal Sentinel has a news update headlined "U.S. Supreme Court rejects Wisconsin appeal over abortion law."

The Newark Star-Ledger has a news update headlined "U.S. Supreme Court allows sports betting ban in NJ to remain."

Brent Kendall of The Wall Street Journal has a news update headlined "New Jersey's Bid for Sports Wagering Rejected by High Court; Supreme Court Says It Won't Hear Gov. Chris Christie's Attempt to Allow Betting on Sports."

Warren Richey of The Christian Science Monitor reports that "Supreme Court declines to hear plea for sports betting in N.J."

And The Record of Hackensack, New Jersey has a news update headlined "U.S. Supreme Court refuses to take up New Jersey challenge of federal sports betting law."
Posted at 01:18 PM by Howard Bashman



"The walls erected by traditional media": Today at "SCOTUSblog," Tom Goldstein has this post about today's decision denying that blog's appeal of its revocation of its congressional press credential.

And Andrew Beaujon of Poynter reports that "SCOTUSblog's appeal fails; can't get Senate press credential."
Posted at 01:14 PM by Howard Bashman



Second Circuit releases Office of Legal Counsel's "Drone Memo": The memo begins on page 67 of the PDF file of a ruling that the U.S. Court of Appeals for the Second Circuit issued today. The Second Circuit today also issued a second, related decision in the same case.

Update: In early news coverage, Charlie Savage of The New York Times has a news update headlined "Court Discloses Memo Approving Drone Strike on American; Justice Department Found It Lawful to Target Anwar al-Awlaki."

The Associated Press reports that "Drone killing memo released after NY court fight."

Reuters reports that "Court releases memo justifying drone attacks on U.S. citizens."

Josh Gerstein of Politico.com has a blog post titled "Court makes drone legal memo public."

At "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "Justice Department Drones Memo Released."

Earlier, at the "Just Security" blog, Jameel Jaffer previewed the memo's release in a post titled "The Drone Memo Cometh."
Posted at 11:20 AM by Howard Bashman



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

1. Justice Elena Kagan delivered the opinion of the Court in Loughrin v. United States, No. 13-316. Justice Antonin Scalia delivered an opinion, in which Justice Clarence Thomas joined, concurring in part and concurring in the judgment. And Justice Samuel A. Alito, Jr. issued an opinion concurring in part and concurring in the judgment. You can access the oral argument via this link.

2. Justice Scalia delivered the opinion of the Court in part and announced the judgment of the Court in Utility Air Regulatory Group v. EPA, No. 12-1146. Justice Stephen G. Breyer issued an opinion concurring in part and dissenting in part, in which Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Kagan joined. And Justice Alito issued an opinion concurring in part and dissenting in part, in which Justice Thomas joined. You can access the oral argument via this link.

3. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317. Justice Ginsburg issued a concurring opinion, in which Justices Breyer and Sotomayor joined. And Justice Thomas issued an opinion concurring in the judgment, in which Justices Scalia and Alito joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Justices limit existing EPA global warming rules"; "Court raises bar for securities class action cases"; and "Justices uphold broad use of anti-bank fraud law."
Posted at 10:06 AM by Howard Bashman



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

In early news coverage, The Associated Press reports that "Supreme Court to hear Amtrak dispute"; "Justices reject Wisconsin appeal over abortion law"; and "Justices rebuff NJ's effort on sports betting."

And at "SCOTUSblog," Lyle Denniston has a post titled "Reviving an old constitutional idea?"
Posted at 09:34 AM by Howard Bashman



"We Just Don't Need Section 5 Anymore: The Voting Rights Act has plenty of other sections that we can use against discrimination." Roger Clegg has this essay today at National Review Online.
Posted at 08:22 AM by Howard Bashman


"The Hobby Lobby Decision Is Coming Soon -- and It Won't Just Affect Contraception": Taylor Malmsheimer has this essay online at The New Republic.
Posted at 08:20 AM by Howard Bashman


"U.S. Steps Up Probes of Deals to Block Generic Drugs": David McLaughlin of Bloomberg News has a report that begins, "U.S. regulators, armed with a year-old Supreme Court decision, are stepping up probes of pharmaceutical deals that delay the sale of generic drugs, arrangements they view as illegally hurting competition."
Posted at 08:19 AM by Howard Bashman


"Abortion battles may increase in Ohio": This front page article appears in today's edition of The Columbus Dispatch.
Posted at 08:17 AM by Howard Bashman


"Eight big cases await Supreme Court rulings": Richard Wolf of USA Today has this report.
Posted at 07:28 AM by Howard Bashman


Sunday, June 22, 2014

"Pennsylvania company at center of Supreme Court case on contraceptive coverage": Tracie Mauriello has this front page article in today's edition of The Pittsburgh Post-Gazette.
Posted at 10:08 PM by Howard Bashman


"Justice Anthony M. Kennedy may be the middleman in the gun-rights debate": Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 10:06 PM by Howard Bashman


"Sotomayor: Affirmative action options don't work." The Associated Press has this report.
Posted at 05:26 PM by Howard Bashman


"'This Week': Justice Sonia Sotomayor; ABC News' George Stephanopoulos goes one-on-one with Supreme Court Associate Justice Sonia Sotomayor." You can access the video at this link.

And the complete transcript of today's broadcast can be accessed here.
Posted at 01:02 PM by Howard Bashman



"The Supreme Court ruled in favor of an Alabama whistleblower: What does that mean for others who expose corruption?" Kent Faulk has this article in today's edition of The Birmingham News.
Posted at 09:46 AM by Howard Bashman


"Chief Justice Roberts, lone justice with school-age children, readying for college tuitions": Mark Sherman of The Associated Press has this report.
Posted at 09:44 AM by Howard Bashman


"At the Supreme Court, an uptick in unanimity": Richard Wolf of USA Today has this report.
Posted at 09:42 AM by Howard Bashman


Saturday, June 21, 2014

"Anti-abortion group seeks to bypass ban on campaign lies": The Cincinnati Enquirer has this report.

And The Associated Press reports that "Group challenges Ohio ban on campaign lies."
Posted at 11:25 PM by Howard Bashman



"Sentences challenged for Maryland prisoners deemed to have violent pasts; Supreme Court ruling triggers wide-ranging review in dozens of cases": The Baltimore Sun has this news update.
Posted at 11:08 PM by Howard Bashman


"God Save the United States From This Anti-Democratic Court: Operating on elitism and mystique, America's highest court is increasingly a threat to our ideal of self-government -- leading to an important debate about how to fix it." Law professor Jedediah Purdy has this essay online at The Daily Beast.
Posted at 11:06 PM by Howard Bashman


"Midge Rendell talks about life as a judge": This article will appear in Sunday's edition of The Philadelphia Inquirer.
Posted at 05:46 PM by Howard Bashman


"A Conversation between U.S. Supreme Court Justice Sonia Sotomayor and Professor Theodore M. Shaw": The American Constitution Society has posted the video of this event, from Thursday, online at YouTube at this link.
Posted at 04:37 PM by Howard Bashman


"Berger: Markell didn't take me seriously." Maureen Milford has this front page article today in The News Journal of Wilmington, Delaware.
Posted at 10:12 AM by Howard Bashman


Friday, June 20, 2014

"Retired Supreme Court Justice, 94, opines on staying healthy while you age": InsideNoVa.com has this report.
Posted at 10:04 PM by Howard Bashman


"NJ Senate confirms Rabner, Solomon for state's highest court": The Newark Star-Ledger has this report.
Posted at 10:00 PM by Howard Bashman


"Is A Threat On Facebook Real? Supreme Court Will Weigh In." This audio segment appeared on today's broadcast of NPR's "Morning Edition."

And online today at Bloomberg View, law professor Stephen L. Carter has an essay titled "Is a Threat on Facebook Still a Threat?"
Posted at 09:56 PM by Howard Bashman



"Royalties and Teaching Help Fill Bank Accounts of Justices, Report Says": The New York Times has this news update.

Richard Wolf of USA Today reports that "Nearly all Supreme Court justices are millionaires."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Justices' Latest Disclosures Offer Clues to Recusals."

OpenSCOTUS has posted the Justices' 2013 financial disclosure forms online at this link.
Posted at 08:50 PM by Howard Bashman



"Becoming a Supreme Court justice was a shock, Sotomayor says": The Los Angeles Times has this report.

And at msnbc.com, Adam Serwer has a report headlined "Supreme Court Justice Sonia Sotomayor: 'We're going backwards.'"
Posted at 08:44 PM by Howard Bashman



"The Supreme Court doesn't understand software, and that's a problem": Timothy B. Lee has this post today at Vox.
Posted at 03:18 PM by Howard Bashman


"Potential Storm Over Removal Power of Tax Court Judges": Law professor Leslie Book had this post at the "Procedurally Taxing" blog in October 2013 previewing the oral argument at the U.S. Court of Appeals for the D.C. Circuit of a case captioned Kuretski v Commissioner.

Today, a unanimous three-judge D.C. Circuit panel issued its ruling in the case. The court held that a federal statute allowing the President to remove Tax Court judges on grounds of "inefficiency, neglect of duty, or malfeasance in office" does not unconstitutionally infringe on the constitutional separation of powers because the Tax Court "exercises Executive authority as part of the Executive Branch."
Posted at 01:35 PM by Howard Bashman



"U.S. appeals court revives players' suit against NFL": David Ingram of Reuters has this report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 01:20 PM by Howard Bashman


"Sotomayor Expresses Concern Over Wealth Disparity in U.S." Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 12:17 PM by Howard Bashman


"U.S. appeals court upholds Detroit-Windsor bridge plan": The Detroit News has this update reporting on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 12:14 PM by Howard Bashman


Thursday, June 19, 2014

"Aereo, broadcasters await Supreme Court ruling": The Los Angeles Times has this report.
Posted at 09:37 PM by Howard Bashman


"For U.S. high court, a year of discontent with patent rulings": Lawrence Hurley of Reuters has this report.
Posted at 07:50 PM by Howard Bashman


In commentary from law professor Noah Feldman: Online today at Bloomberg View, he has essays titled "Justices Side With Free Speech and Common Sense" and "Fighting the IRS Just Got Harder."
Posted at 07:42 PM by Howard Bashman


"Gun Shy: What happened to the Second Amendment at the U.S. Supreme Court this year?" Law professor Adam Winkler has this jurisprudence essay online today at Slate.
Posted at 07:38 PM by Howard Bashman


"Court unseals more than 250 pages of John Doe documents": The Wisconsin State Journal has a news update that begins, "A federal appeals court has released full copies of more than 250 pages of previously edited documents filed in the legal battle over an investigation into whether a number of conservative groups illegally coordinated with Gov. Scott Walker's recall campaign."

And Patrick Marley and Daniel Bice of The Milwaukee Journal Sentinel have a related news update headlined "Prosecutors allege Walker at center of 'criminal scheme.'"
Posted at 01:35 PM by Howard Bashman



Ninth Circuit declares unconstitutional Los Angeles Municipal Code section 85.02, which prohibits use of a vehicle "as living quarters either overnight, day-by-day, or otherwise": Circuit Judge Harry Pregerson wrote today's ruling of the U.S. Court of Appeals for the Ninth Circuit on behalf of a unanimous three-judge panel.

The opinion's concluding paragraphs state:

Section 85.02 provides inadequate notice of the unlawful conduct it proscribes, and opens the door to discriminatory enforcement against the homeless and the poor. Accordingly, Section 85.02 violates the Due Process Clause of the Fourteenth Amendment as an unconstitutionally vague statute.

For many homeless persons, their automobile may be their last major possession -- the means by which they can look for work and seek social services. The City of Los Angeles has many options at its disposal to alleviate the plight and suffering of its homeless citizens. Selectively preventing the homeless and the poor from using their vehicles for activities many other citizens also conduct in their cars should not be one of those options.

Update: In early news coverage, The Los Angeles Times reports that "U.S. appeals court overturns L.A. ban on homeless living in vehicles."

And Reuters reports that "U.S. court strikes down Los Angeles ban on living in cars."
Posted at 01:20 PM by Howard Bashman



"Man's 3-strike term for $60 theft upheld": Bob Egelko of The San Francisco Chronicle has this report on a non-precedential ruling that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 01:10 PM by Howard Bashman


"An Open Letter to Law Professors: Use This Case To Show Why Statutory Interpretation Is Not as Easy as It Sounds." Derek Stikeleather has this post today at the "Maryland Appellate Blog."
Posted at 01:05 PM by Howard Bashman


"Supreme Court Rules Against Alice Corp. in Patent Case": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court rules public employees are protected from retaliation for testimony."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court gives public workers 1st Amendment shield."

Richard Wolf of USA Today reports that "Supreme Court cuts back on software patents" and "Justices say public workers can testify about corruption."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Supreme Court Backs Speech Protection for Sworn Public-Employee Testimony."
Posted at 12:58 PM by Howard Bashman



"Maine Court Fight Pits Farmers Against State and One Another": This article appears today in The New York Times.
Posted at 12:54 PM by Howard Bashman


"'People Search Engine' Spokeo Hopes SCOTUS Finds It in the Crowd": Kimberly Robinson has this blog post online today at Bloomberg BNA.
Posted at 12:50 PM by Howard Bashman


"Jack Kirby's Heirs Get Huge Support in Quest to Bring Marvel Fight to Supreme Court; Will high court justices tackle a case that could impact 'Avengers' sequels and much, much more?" Eriq Gardner has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 12:15 PM by Howard Bashman


"6 Ga. judicial nominees advance in Senate, as Michael Boggs is on hold": The Atlanta Journal-Constitution has this news update.
Posted at 11:47 AM by Howard Bashman


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

1. Justice Elena Kagan delivered the opinion for a unanimous Court in United States v. Clarke, No. 13-301. You can access the oral argument via this link.

2. Justice Sonia Sotomayor delivered the opinion for a unanimous Court in Lane v. Franks, No. 13-483. Justice Clarence Thomas issued a concurring opinion, in which Justices Antonin Scalia and Samuel A. Alito, Jr. joined. You can access the oral argument via this link.

3. And Justice Thomas delivered the opinion for a unanimous Court in Alice Corp. v. CLS Bank Int'l, No. 13-298. Justice Sotomayor issued a concurring opinion, in which Justices Ruth Bader Ginsburg and Stephen G. Breyer joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Supreme Court tosses out software patent" and "High court says whistleblower testimony protected."

Reuters reports that "U.S. top court rules against Alice Corp over software patents"; "Supreme Court extends speech protections for public employees"; and "U.S. Supreme Court gives taxpayers more power to fight IRS summons."

Greg Stohr of Bloomberg News reports that "Software Patent Eligibility Limited by U.S. Supreme Court."

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Justices Restrict Software Patents in Unanimous Ruling." And Zoe Tillman and Marcia Coyle have a post titled "First Amendment Protects Public Employee in Retaliation Case, Justices Say."
Posted at 10:05 AM by Howard Bashman



"Waiting for the Supreme Court on the Hobby Lobby Decision: With the pivotal decision coming soon, most of our history suggests Hobby Lobby should lose; But tell that to the conservative quintet." Law professor Geoffrey R. Stone has this essay online at The Daily Beast.
Posted at 08:24 AM by Howard Bashman


"The Supreme Court Must Right the Wrong Done to Billy Wayne Cope": Andrew Cohen has this essay online today at The Daily Beast.
Posted at 08:22 AM by Howard Bashman


"Supreme Court decisions could have broad impact": Richard Wolf of USA Today has this report.
Posted at 08:20 AM by Howard Bashman


"School chaplaincy program declared invalid by High Court": The Australian has this news update.

The Sydney Morning Herald has a news update headlined "Ron Willams took on school chaplaincy program and won in High Court."

The Toowoomba Chronicle has a news update headlined "Toowoomba dad wins chaplaincy challenge."

The Wall Street Journal has a news update headlined "Australian High Court Blocks School Chaplains Plan; Court Ruled Government Doesn't Have Constitutional Right to Introduce Christian Chaplains." You can freely access the full text of the article via Google.

The Guardian (UK) reports that "School chaplains funding struck down by high court; Second challenge by Queensland father Ron Williams finds the commonwealth has no executive power to fund the program."

And The Associated Press reports that "Court stops Australian funding of school chaplains."

You can access today's ruling of the High Court of Australia at this link.
Posted at 08:16 AM by Howard Bashman



"You can find it all on the Web -- except the justices' financial reports": Al Kamen of The Washington Post has this entry today at his "In the Loop" blog.
Posted at 08:05 AM by Howard Bashman


Wednesday, June 18, 2014

"Argentina's Supreme Court loss may serve as a wake-up call": Charles Lane has this essay online at The Washington Post.
Posted at 11:26 PM by Howard Bashman


"State high court's leading conservative to retire": Bob Egelko of The San Francisco Chronicle has this report.

And Howard Mintz of The San Jose Mercury News reports that "California Supreme Court Justice Marvin Baxter to retire."
Posted at 11:25 PM by Howard Bashman



"Federal judge rules against EWTN in lawsuit challenging Obamacare contraception mandate": The Birmingham News has this report.

And The Associated Press reports that "Alabama judge rejects claim against health mandate."
Posted at 10:44 PM by Howard Bashman



"How the Supreme Court handles death cases": Mark Sherman of The Associated Press has this report.

And in related coverage, The AP also has a report headlined "Concerns aside, executions persist in some states."
Posted at 04:22 PM by Howard Bashman



"California Supreme Court Justice Marvin Baxter to retire": The Los Angeles Times has this news update.

And at the blog "Southern California Appellate News," Ben Shatz has a post titled "Another Supreme Court vacancy coming...."
Posted at 03:21 PM by Howard Bashman



A case involving a $150 criminal fine is no Apple Inc. v. Samsung: So observes the U.S. Court of Appeals for the Ninth Circuit in a ruling issued today.

Fortunately for the defendant, however, guardian of liberty Circuit Judge Stephen Reinhardt was on the panel and therefore was able to author the opinion of the court, which reversed the defendant's conviction and vacated the fine.
Posted at 01:58 PM by Howard Bashman



Just a facade: Today the U.S. Court of Appeals for the Second Circuit issued a decision addressing whether a taxpayer's donation of a facade conservation easement to the National Architectural Trust merited a charitable deduction from the IRS.
Posted at 01:50 PM by Howard Bashman


"Court adopts a Fourth Amendment right to the deletion of non-responsive computer files": Orin Kerr has this post today at "The Volokh Conspiracy" discussing an opinion that the U.S. Court of Appeals for the Second Circuit issued yesterday.
Posted at 11:24 AM by Howard Bashman


"If Affirmative Action Is Doomed, What's Next?" David Leonhardt has this essay in today's edition of The New York Times.
Posted at 11:22 AM by Howard Bashman


"Are Americans Turning Against the Death Penalty? Six reasons why support for capital punishment is evaporating." William Saletan has this essay online at Slate.
Posted at 11:17 AM by Howard Bashman


"Does Supreme Court Want Truthier Elections?" Law professor Noah Feldman has this essay online at Bloomberg View.

At the "Democracy in America" blog of The Economist, Steven Mazie has a post titled "Guns and lies."

And online at The New Yorker, Jeff Shesol has a blog post titled "Scalia's Word Games."
Posted at 11:07 AM by Howard Bashman



"Argentina Plans Debt Swap; Maneuver Appears to Circumvent U.S. Court Ruling": The Wall Street Journal has this report.
Posted at 11:05 AM by Howard Bashman


"1st US executions since botched lethal injection": The Associated Press has this report. According to the article, "Neither execution had any noticeable complications."
Posted at 10:52 AM by Howard Bashman


Tuesday, June 17, 2014

"High Court denies stay of execution for Wellons": The Atlanta Journal-Constitution has this news update.
Posted at 10:45 PM by Howard Bashman


"Maybe the Supreme Court Isn't as Pro-Gun as We Thought; Justice Kennedy rejects an audacious new NRA argument": Law professor Adam Winkler has this essay online at The New Republic.

And Yishai Schwartz has an essay titled "The Separation of Church and State Is Still Alive -- for Children, Anyway; Prayer may be permitted in legislatures, but schools are still protected zones."
Posted at 10:22 PM by Howard Bashman



"Argentina Defiant Against Supreme Court on Bond Payments": The New York Times has this report.
Posted at 10:20 PM by Howard Bashman


"3 inmates set to die; previous execution botched": The Associated Press has this report.

And Reuters reports that "Georgia inmate could be first to die since botched Oklahoma execution."
Posted at 09:04 PM by Howard Bashman



"Senate Judiciary to Consider Voting Rights Amendment": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 08:40 PM by Howard Bashman


"N.C. lawmakers bid to bolster Camp Lejeune cases in wake of ruling": Jeremy P. Jacobs of Greenwire has an article that begins, "The North Carolina Legislature may approve legislation as soon as today that would nullify a recent Supreme Court ruling's effect on lawsuits brought by Marines seeking damages for exposure to contaminated water while stationed at a U.S. base."
Posted at 07:40 PM by Howard Bashman


"What 13 States Are Not Telling You About How They Kill People: Protected by secrecy laws, some states with the most active death chambers are refusing to disclose important elements of how inmates are killed by lethal injection." Tasneem Nashrulla of BuzzFeed has this report.

And in related news, today's edition of The New York Times contains an article headlined "U.S. Judge Denies Stay of Execution in Georgia."
Posted at 01:58 PM by Howard Bashman



"Supreme Court Rejects Argentina's Debt Appeal": Adam Liptak has this article today in The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court to consider online-threats case."

David G. Savage of The Los Angeles Times reports that "Supreme Court lets stand a ban on using churches for graduations."

Richard Wolf of USA Today reports that "High court nixes holding school graduation in church."

The Wall Street Journal reports that "Supreme Court Sides With Holdout Creditors in Argentina Debt Case; In Separate Action, High Court Gives Holdout Creditor Access to Records on Argentina's Assets" and "U.S. Supreme Court Rejects Raj Rajaratnam Appeal; Court Declines to Consider Challenge of Galleon Group Founder's 2011 Conviction for Insider Trading."

Peter Hall of The Morning Call of Allentown, Pennsylvania has an article headlined "Supreme Court agrees to hear Facebook rapper's appeal; Justices agree to hear Lower Saucon man's appeal in online threats case."

Warren Richey of The Christian Science Monitor has an article headlined "Can a school hold graduation in a church? Supreme Court declines case."

And at "SCOTUSblog," Lyle Denniston has a post titled "No relief for Argentina on debt."
Posted at 01:54 PM by Howard Bashman



"Conservatives, after dismantling public financing system, set sights on N.C. judiciary": Jeremy P. Jacobs of Greenwire has this report.
Posted at 01:18 PM by Howard Bashman


"Fourth case reopened after Center uncovers judicial conflict of interest; New panel of judges reaches same conclusion in Maryland foreclosure case": The Center for Public Integrity has a report that begins, "A federal appeals court has scrapped a 2010 foreclosure ruling in favor of Wells Fargo Bank after a Center for Public Integrity investigation revealed that one of the three judges who participated in the decision owned stock in the banking giant."
Posted at 11:28 AM by Howard Bashman


"NJ Senate panel approves Rabner, Solomon for Supreme Court": Salvador Rizzo has this front page article in today's edition of The Newark Star-Ledger.
Posted at 11:26 AM by Howard Bashman


"Ex Ben-Gal Sarah Jones loses defamation suit": This article appears today in The Cincinnati Enquirer.

Reuters reports that "U.S. appeals court overturns ex-NFL cheerleader's defamation award."

And Cyrus Farivar of Ars Technica has a report headlined "Appeals court throws out $340,000 online libel ruling; CDA Section 230 prevents 'the speech-chilling threat of the heckler's veto.'"

My earlier coverage of yesterday's Sixth Circuit ruling appears at this link.
Posted at 10:50 AM by Howard Bashman



"Supreme Court Rules Against 'Straw' Purchases of Guns": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Court agrees with ban on 'straw purchases' of guns."

David G. Savage of The Los Angeles Times reports that "Supreme Court upholds key element in federal gun laws."

In today's edition of The Wall Street Journal, Jess Bravin has articles headlined "Supreme Court Upholds Federal Ban on 'Straw' Purchases of Guns; In 5-4 Vote, Justices Rule Firearms Can't Be Purchased for Others" and "Supreme Court Ruling Revives Challenge to Ban on False Political Speech; Lower Court to Consider Whether Ohio False-Statements Law Violates First Amendment."

Richard Wolf of USA Today has articles headlined "Supreme Court rules against 'straw purchasers' of guns" and "Justices allow challenge to law banning political lies."

The Washington Times has articles headlined "Supreme Court rules for stricter scrutiny of gun purchases" and "Supreme Court: Challenge to campaign 'lying' law can go ahead; Anti-abortion group said Ohio statute threatened free speech."

The Cincinnati Enquirer contains an article headlined "Supreme Court: COAST can challenge false claims ban."

Warren Richey of The Christian Science Monitor has articles headlined "Split Supreme Court shoots down 'straw' gun purchases" and "Supreme Court: Anti-abortion group can challenge 'false statement' law."

At "The BLT: The Blog of Legal Times," Zoe Tillman and Marcia Coyle have a post titled "Supreme Court Affirms 'Straw Purchase' Gun Conviction." And Tony Mauro has a post titled "High Court Permits Challenge to Ohio Law Banning Campaign Lies."

At "SCOTUSblog," Lyle Denniston has posts titled "Opinion analysis: No stand-in gun buyers allowed" and "Opinion analysis: False politicking law open to challenge."

Bill Mears of CNN.com reports that "'Straw' purchase ruling a setback for gun-rights advocates" and "Supreme Court sides with anti-abortion group on political ads."

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Rules Against Gun 'Straw Purchases.'"
Posted at 08:10 AM by Howard Bashman



Monday, June 16, 2014

"Are Facebook Threats Real? The Supreme Court will soon decide." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 11:30 PM by Howard Bashman


In commentary from law professor Noah Feldman: Online today at Bloomberg View, he has essays titled "So You Can't Lie When You Buy a Gun" and "Bond Vultures' Bet Against Argentina Pays Off."
Posted at 10:44 PM by Howard Bashman


"Considering the legal landscape set forth above, we conclude the district court erred in creating a parent-child [testimonial] privilege in this case." So held a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit in a ruling issued today.

At WSJ.com's "Law Blog," Ashby Jones has a post titled "Appeals Court Shoots Down Son's Refusal to Testify Against Dad."
Posted at 10:32 PM by Howard Bashman



"Argentina: Won't submit to 'extortion' on debt." The Associated Press has a report that begins, "President Cristina Fernandez says Argentina won't submit to what she calls extortion or allow its economy to be ruined after losing an appeal to the U.S. Supreme Court on defaulted debt."
Posted at 09:37 PM by Howard Bashman


"Appeals court rules California initiative sponsors can stay anonymous": Maura Dolan of The Los Angeles Times has this news update.

And Bob Egelko of The San Francisco Chronicle has a news update headlined "Ninth U.S. Circuit Court rules against sponsor IDs on ballot initiatives."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Each of the three judges on the panel issued an opinion.
Posted at 08:46 PM by Howard Bashman



"Federal prosecutor to 9/11 lawyers in Guantanamo court: Trust me, there's no mole on your teams; An assistant U.S. attorney said there's no cause for concern over conflict of interest or compromised legal work because of the FBI's questioning, which has concluded." Carol Rosenberg of The Miami Herald has this report.
Posted at 08:42 PM by Howard Bashman


"Appeals court reverses decision in local terrorism prosecution": The Chicago Tribune has this news update.

And The Chicago Sun-Times has a news update headlined "Appeals court reverses decision in Chicago terrorism case."

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

Update: In other coverage, Bloomberg News reports that "Terror Suspect's Lawyer Barred From Secret U.S. Filing."

And The Associated Press reports that "Court reverses key ruling on secret-court records."
Posted at 07:45 PM by Howard Bashman



"Ninth Circuit Convenes for Investiture of Circuit Judge Michelle T. Friedland": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.

According to the release, "At age 41, Judge Friedland ranks fourth among the youngest appointees to the Ninth Circuit Court of Appeals."
Posted at 04:46 PM by Howard Bashman



"Appeals court overturns surveillance disclosure order": Josh Gerstein of Politico.com has a blog post that begins, "A federal appeals court has overturned a district court judge's landmark order requiring the government to show defense lawyers foreign-intelligence-related surveillance on how a terrorism investigation developed."

Circuit Judge Richard A. Posner issued today's opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit. And Circuit Judge Ilana Diamond Rovner issued a lengthy concurring opinion.
Posted at 04:42 PM by Howard Bashman



"Hobby Lobby aims for Obamacare win, Christian nation": Stephanie Simon has this report today at Politico.com.
Posted at 04:20 PM by Howard Bashman


"U.S. Supreme Court to Weigh Threats on Social Media": Mark Walsh has this post today at the "School Law" blog of Education Week.

Richard Wolf of USA Today reports that "Supreme Court to hear case on Facebook threats."

And Brent Kendall of The Wall Street Journal reports that "Supreme Court Agrees to Hear Internet Free-Speech Case; Justices to Consider Whether Convicted Man's Facebook Posts Were Threats or Free Speech."
Posted at 03:18 PM by Howard Bashman



Judge Posner delivers a loss for the Conan Doyle Estate in a copyright-related appeal: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link. Circuit Judge Richard A. Posner wrote the opinion on behalf of a unanimous three-judge panel.

Update: In early coverage, at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Conan Doyle Estate Loses Appeal Over 'Sherlock Holmes' Rights; 7th Circuit judge Richard Posner rejects the distinction between 'complex' and 'flat' characters if it means 'nearly perpetual copyright.'"
Posted at 01:22 PM by Howard Bashman



"Judges With Daughters More Often Rule in Favor of Women's Rights": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.

The paper that is the subject of Liptak's article is titled "Identifying Judicial Empathy: Does Having Daughters Cause Judges to Rule for Women's Issues?"

Earlier coverage of the paper appeared on the May 28. 2014 broadcast of NPR's "Morning Edition" in a segment titled "Research: Children Of Judges May Influence Court Decisions."
Posted at 12:49 PM by Howard Bashman



"North Carolina Judge Rules that Alienation of Affections Law is Unconstitutional": "Michael Smith's Law Blog" has this post today.
Posted at 12:20 PM by Howard Bashman


"A Second Chance for the Obama Administration on 'Battlefield' Contractor Liability": Steve Vladeck has this post today at the "Just Security" blog.
Posted at 12:14 PM by Howard Bashman


"Over a Dissent, Justices Decline Appeal on Public School Graduation at Church": Mark Walsh has this post at the "School Law" blog of Education Week.
Posted at 11:45 AM by Howard Bashman


"14 cases remain for Supreme Court": Mark Sherman of The Associated Press has this report.
Posted at 11:10 AM by Howard Bashman


"The Outside Game of Justice Scalia, a Loner With Clout: A new biography of Antonin Scalia argues that his bellicose conservatism has alienated his fellow justices and rendered him ineffective; Think again." Online today at The Daily Beast, law professor David Fontana has this review of Bruce Allen Murphy's new book, "Scalia: A Court of One."
Posted at 10:34 AM by Howard Bashman


"Sarah Jones * * * was the unwelcome subject of several posts anonymously uploaded to www.TheDirty.com, a popular website": So states a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today in Sarah Jones v. Dirty World Entertainment.

According to the unanimous ruling:

Under the [Communications Decency Act], Richie and Dirty World were neither the creators nor the developers of the challenged defamatory content that was published on the website. Jones's tort claims are grounded on the statements of another content provider yet seek to impose liability on Dirty World and Richie as if they were the publishers or speakers of those statements. Section 230(c)(1) therefore bars Jones's claims. Accordingly, we vacate the judgment in favor of Jones and reverse the district court's denial of Dirty World's and Richie's motion for judgment as a matter of law with instructions to enter judgment as a matter of law in their favor.
My earlier coverage of the oral argument of this appeal can be accessed via this link.

Update: In early news coverage, The Associated Press reports that "Gossip site wins appeal of cheerleader's lawsuit."

And at "Techdirt," Mike Masnick has a post titled "Phew: Appeals Court Says Having 'Dirt' In Your Domain Name Doesn't Remove Safe Harbor Protections."
Posted at 10:22 AM by Howard Bashman



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

1. Justice Elena Kagan delivered the opinion of the Court in Abramski v. United States, No. 12-1493. Justice Antonin Scalia issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. and Justices Clarence Thomas and Samuel A. Alito, Jr. joined. You can access the oral argument via this link.

2. Justice Thomas delivered the opinion for a unanimous Court in Susan B. Anthony List v. Driehaus, No. 13-193. You can access the oral argument via this link.

3. And Justice Scalia delivered the opinion of the Court in Republic of Argentina v. NML Capital Ltd., No. 12-842. Justice Ruth Bader Ginsburg issued a dissenting opinion. And Justice Sonia Sotomayor did not participate in the decision. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Court OKs challenge to Ohio ban on campaign lies"; "Argentina dealt double blow by justices over debt"; and "Supreme Court rules on 'straw purchaser' law."
Posted at 10:05 AM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: The Court has posted its Order List at this link. The Court today granted review in two new cases. The Court also called for the views of the Solicitor General in what appear to be two related cases.

In addition, Justice Antonin Scalia issued a dissent, in which Justice Clarence Thomas joined, from the denial of certiorari in Elmbrook Sch. Dist. v. Doe, No. 12-755.

In early news coverage, The Associated Press reports that "High court will hear appeal over illegal threats"; "Court will consider extra pay for mortgage brokers"; "High court rejects Argentina's appeal over debt"; "Justices reject appeal over graduations in church"; "High court rejects insider trader's appeal"; and "High court rejects Scottie Pippen defamation case."

Greg Stohr of Bloomberg News reports that "Banks Get New Review on Credit Union Agency's Lawsuit"; "High Court Won't Back Public School's Church Graduations"; "Argentina Rejected by U.S. High Court on Defaulted Bonds"; and "Rajaratnam Rejected by High Court on Trading Conviction."

Lawrence Hurley of Reuters reports that "U.S. top court to hear appeal of conviction for online threats"; "U.S. Supreme Court to hear mortgage loan officers' pay case"; "U.S. top court rejects Argentina appeal in bond fight"; and "U.S. top court declines to hear Rajaratnam appeal."

And at "SCOTUSblog," Lyle Denniston has a post titled "On religion issues, children are still different."
Posted at 09:34 AM by Howard Bashman



"The Supreme Court Will Always Split 5-4": Law professor Cass R. Sunstein has this essay online at Bloomberg View.
Posted at 08:15 AM by Howard Bashman


"GPS tracking case has left unsettled questions": The Associated Press has a report that begins, "A 2-year-old Supreme Court decision has caused more confusion than clarity on how police may track the whereabouts of criminal suspects, illustrating how hard it is for the slow-moving judicial system to keep up with the light speed of technology."
Posted at 08:09 AM by Howard Bashman


"Filibuster weakened, Senate OK'ing judges faster": The Associated Press has this report.
Posted at 08:04 AM by Howard Bashman


Sunday, June 15, 2014

"The conservative justice liberals love to loathe": Seth Stern has this review of Bruce Allen Murphy's new book, "Scalia: A Court of One," in The Washington Post.

And in Saturday's edition of The Wall Street Journal, law professor Joshua Hawley had this review of the book. You can freely access this review via Google.
Posted at 10:32 PM by Howard Bashman



"Alienation of affection law unconstitutional, Forsyth County judge rules": Yesterday's edition of The Winston-Salem Journal contained this article.

According to the article, "It marks the first time that a Superior Court judge in North Carolina has directly challenged the constitutionality of the state's alienation of affection and criminal conversation laws, a legal expert in family law at Wake Forest University said."
Posted at 10:02 PM by Howard Bashman



"Losing streak lengthens for foes of gay marriage": The Associated Press has this report.
Posted at 09:03 PM by Howard Bashman


"Patrick's SJC pick a Mass. milestone; Hines would be 1st black woman on court": This article appeared in yesterday's edition of The Boston Globe.

And the State House News Service reports that "Geraldine Hines nominated to Massachusetts Supreme Judicial Court; would become 1st black woman on state's highest court."
Posted at 09:02 PM by Howard Bashman



"Appeals court rules Alabama's gay sex ban unconstitutional": The Montgomery Advertiser has this report.

And The Huntsville Times reports that "Gay sex ban struck down by Alabama appeals court."

You can access Friday's unanimous ruling of the Alabama Court of Criminal Appeals at this link.
Posted at 08:50 PM by Howard Bashman



"Supreme Court has 17 cases to decide by June's end": Mark Sherman of The Associated Press has this report.
Posted at 09:10 AM by Howard Bashman


Saturday, June 14, 2014

"Key decisions loom as Supreme Court session nears end": David G. Savage of The Los Angeles Times has this report.
Posted at 11:34 PM by Howard Bashman


"Hillary Clinton Goes to Costco, Runs Into Sonia Sotomayor": Betsy Klein has this post today at "The Note" blog of ABC News.

Politico.com has a report headlined "Saturday at Costco: Hillary Clinton and Sonia Sotomayor."

CNN.com reports that "Supreme Court justice, civil rights icon stop by Clinton book signing."

And The Associated Press reports that "Sotomayor drops by Hillary Clinton book signing."
Posted at 10:52 PM by Howard Bashman



"I am leaving the CAFC while I still have the energy to change the world, says Randall Rader": Joff Wild has this post today at the blog of IAM Magazine.
Posted at 06:20 PM by Howard Bashman


Friday, June 13, 2014

"Ottawa moves judge from federal court to Quebec court": Sean Fine of The Toronto Globe and Mail has a news update that begins, "The Conservative government has removed a judge from the Federal Court of Appeal in Ottawa and named him to Quebec's highest court, setting the stage for a possible Supreme Court appointment later this year -- and another potential high-stakes legal battle."
Posted at 11:35 PM by Howard Bashman


"With the Dogs Out, the Supreme Court Turns to Blockbuster Finale": Jess Bravin has this post today at WSJ.com's "Washington Wire" blog.
Posted at 09:07 PM by Howard Bashman


"How to Take Out a Supreme Court Justice: When politicians target elected judges with big money, the justice system loses." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:50 PM by Howard Bashman


"Appeals court reinstates law on animal torture videos": Chuck Lindell of The Austin American-Statesman has a news update that begins, "Reversing a district judge in Texas, a federal appeals court on Friday upheld a law against crush videos, ruling that the depictions of animals tortured and killed for sexual gratification are not a protected form of speech."

My earlier coverage of today's Fifth Circuit ruling appears at this link.
Posted at 08:45 PM by Howard Bashman



"Ex-chief judge on U.S. patent court to retire after ethics issue": Nate Raymond of Reuters has this report.

And at WSJ.com's "Law Blog," Ashby Jones has a post titled "Judge Rader, Author of Controversial Email to Lawyer, to Resign from Bench."
Posted at 08:20 PM by Howard Bashman



"Fed. Circ. Affirms Win For Nintendo In Wii Patent Case": Law360.com has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 04:28 PM by Howard Bashman


"Independent autopsy: IV not set properly in Lockett's groin; Independent autopsy for man who died in botched execution finds problem with way IV was set." The Oklahoman has this news update.

And The Tulsa World has a news update headlined "Preliminary autopsy findings reveal IV errors in Lockett execution."

You can view the autopsy report at this link.
Posted at 02:10 PM by Howard Bashman



"Key cases left for the Supreme Court": Adam Serwer has this report today at msnbc.com.
Posted at 02:01 PM by Howard Bashman


"Canadians have right to online anonymity, Supreme Court rules": Sean Fine of The Toronto Globe and Mail has this news update reporting on a ruling that the Supreme Court of Canada issued today.
Posted at 01:56 PM by Howard Bashman


"Should Two Children Be Imprisoned For Plotting To Kill Their Classmates? In Washington state, a 10- and 11-year-old were sentenced to years in a detention facility after being caught with weapons and claiming they were going to murder other kids at their school; Where is the line between a childish game and a real threat?" Victoria Beale has this lengthy article online at BuzzFeed.
Posted at 01:40 PM by Howard Bashman


"Appeals Court Revives 'Animal Crush' Video Case": Tony Mauro has this post at "The BLT: The Blog of Legal Times" reporting on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued today.
Posted at 01:18 PM by Howard Bashman


"Because the [Criminal Justice Act] provides its own remedial scheme, Marcum cannot collaterally attack the Fifth Circuit's determination of Marcum's fee awards under the Tucker Act." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Federal Circuit in a ruling issued today.

In earlier coverage of this matter, TPM Muckraker reported in February 2012 that "Allen Stanford's Defense Team Says It Got Stiffed Out Of $1.9 Million."
Posted at 01:14 PM by Howard Bashman



"Sovereign Debt Rules in Play With Argentina at Court: Q&A." Greg Stohr and Katia Porzecanski of Bloomberg News have this report.
Posted at 11:07 AM by Howard Bashman


"Larry Klayman filed suit against Facebook and its founder, Mark Zuckerberg, alleging that their delay in removing [the Third Palestinian Intifada] page and similar pages constituted intentional assault and negligence." Today, however, the U.S. Court of Appeals for the D.C. Circuit disagreed, affirming a district court ruling which held that the Communications Decency Act of 1996 shielded Zuckerberg and Facebook from suit.

Circuit Judge Patricia A. Millett wrote today's ruling on behalf of a unanimous three-judge panel.

Update: In early news coverage, The Hill reports that "Facebook wins case over anti-Jewish page."
Posted at 10:58 AM by Howard Bashman



"The Biggest Judicial Losers: The liberal Ninth Circuit keeps racking up losses at the Supreme court." This editorial (subscription required for full access) appears today in The Wall Street Journal.

You can freely access the full text of the editorial via Google.
Posted at 10:38 AM by Howard Bashman



"What's At Stake For Birth Control In Upcoming SCOTUS Decision": Julie Rovner of Kaiser Health News has this report.
Posted at 10:35 AM by Howard Bashman


"Many Americans View High Court Decision Making With Some Skepticism; Americans Conflicted on Cases Involving Religion": Saint Leo University's Polling Institute has this report.
Posted at 09:32 AM by Howard Bashman


"Tempering Judicial Confirmation Optimism": Russell Wheeler had this post yesterday at the "FixGov" blog of the Brookings Institution.
Posted at 09:30 AM by Howard Bashman


"New SF federal judge has his own take on Roberts' 'balls and strikes'": Bob Egelko of The San Francisco Chronicle has this blog post.
Posted at 08:14 AM by Howard Bashman


Thursday, June 12, 2014

"Merck, Pfizer, HSBC could be big winners from shareholder case": Andrew Longstreth of Reuters has a report that begins, "Within the next two weeks, the U.S. Supreme Court is expected to rule in a major case that could make it much harder for shareholders to band together against public companies in securities fraud class actions."
Posted at 11:22 PM by Howard Bashman


"Appeals Court Rules Mask of Ka-Nefer-Nefer Will Stay at St. Louis Art Museum Because Government Missed Deadlines": The "Art Law Report" blog has this post on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.

Earlier coverage of the dispute can be accessed from The St. Louis Post-Dispatch (here and here), The Atlantic, and The New York Times.
Posted at 10:48 PM by Howard Bashman



"Bobby Jindal signs anti-abortion bill Thursday likely to close clinics in Baton Rouge, New Orleans": The Times-Picayune of New Orleans has this report.

And Reuters reports that "Louisiana governor to sign into law new restrictions on abortions."
Posted at 03:16 PM by Howard Bashman



"Inherited IRAs in play for bankruptcy creditors -- US high court": Reuters has this report.
Posted at 03:00 PM by Howard Bashman


"Supreme Court Says Coca-Cola Can Be Sued Over Juice Drink": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court says Coca-Cola can be sued over juice drink label."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court: Juice makers can be sued for 'tricking' consumers."

Richard Wolf of USA Today has a report headlined "Justices: Coke's pomegranate juice not the real thing."

At his "Suits & Sentences" blog, Michael Doyle of McClatchy Washington Bureau has a post titled "POM Wonderful wins at Supreme Court."

And at "The BLT: The Blog of Legal Times," Zoe Tillman and Marcia Coyle have a post titled "Supreme Court Says POM Can Sue Coke for False Advertising."
Posted at 01:38 PM by Howard Bashman



"The life and legacy of Antonin Scalia: Few Supreme Court justices have garnered as much controversy as Antonin Scalia, and author Bruce Allen Murphy explores Scalia's complexities in his new biography, 'Scalia: A Court of One.'" msnbc has posted online this video segment.
Posted at 01:32 PM by Howard Bashman


"Thrown Out of Court: How corporations became people you can't sue." Lina Khan has this article in the June/July/August 2014 issue of Washington Monthly magazine.
Posted at 01:30 PM by Howard Bashman


"High court: Property owners not liable in fatal car vs. horse crash." The Petoskey (Mich.) News-Review has this report.

And The Associated Press reports that "Michigan Supreme Court says owners of Emmet County farm not liable in fatal horse-car crash."

You can access Tuesday's ruling of the Supreme Court of Michigan at this link.
Posted at 01:07 PM by Howard Bashman



"Clever piece of code exposes hidden changes to Supreme Court opinions": Jeff John Roberts has this post today at Gigaom.
Posted at 12:58 PM by Howard Bashman


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

1. Justice Sonia Sotomayor delivered the opinion for a unanimous Court in Clark v. Rameker, No. 13-299. You can access the oral argument via this link.

2. And Justice Anthony M. Kennedy delivered the opinion for a unanimous Court (with Justice Stephen G. Breyer not participating) in POM Wonderful LLC v. Coca-Cola Co., No. 12-761. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Court: Inherited IRAs not protected in bankruptcy" and "Court rules for Pom Wonderful in dispute with Coke."

Greg Stohr of Bloomberg News reports that "Coca-Cola Must Face Pomegranate Drink Suit, Court Says."

And Lawrence Hurley of Reuters reports that "U.S. rules for POM against Coke in labeling dispute."
Posted at 12:02 PM by Howard Bashman



"Confirmation hearings for NJ Supreme Court nominees Rabner, Solomon set for next week": Salvador Rizzo of The Newark Star-Ledger has this report.

And The Record of Hacensack, New Jersey reports that "Confirmation hearings set for Christie's N.J. Supreme Court nominees."
Posted at 09:04 AM by Howard Bashman



"Oklahoma Supreme Court terminates contract for construction of super website; Oklahoma will try to complete delayed system on its own": The Oklahoman has an article that begins, "In a move that upset legislators, the Oklahoma Supreme Court has canceled an $11 million contract with the company that was creating a super website of court information."
Posted at 09:00 AM by Howard Bashman


"Six Supreme Court Decisions to Watch for This Month": Newsweek has this report.

The U.S. Supreme Court is scheduled to issue additional rulings in argued cases today at 10 a.m. eastern time.
Posted at 08:20 AM by Howard Bashman



"Rappers v. Scotus: Who uses a bigger vocabulary, Jay Z or Scalia?" Adam Chilton, Kevin Jiang, and Eric Posner have this essay online at Slate.
Posted at 08:17 AM by Howard Bashman


"Undecided": Linda Greenhouse has this essay online at The New York Times.
Posted at 08:07 AM by Howard Bashman


Wednesday, June 11, 2014

"Supreme Court meets to discuss Argentina debt case": The Associated Press has this report.
Posted at 10:48 PM by Howard Bashman


"Alone on His Own Ice Floe: How Antonin Scalia ceased to be a powerhouse jurist and became a crank." In the June/July/August 2014 issue of Washington Monthly magazine, Michael O'Donnell has this review of Bruce Allen Murphy's new book, "Scalia: A Court of One."

And yesterday in The Boston Globe, Glenn C. Altschuler had this review of that book.
Posted at 10:24 PM by Howard Bashman



"Court rejects appeal of man who piggybacked on wi-fi signal to access child porn": Rich Lord of The Pittsburgh Post-Gazette has this news update.

And The Pittsburgh Tribune-Review has a news update headlined "Appeals court says no search warrant needed to trace Internet signal theft."

You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 06:02 PM by Howard Bashman



"'Where Do You Think That Rage Came From?' To get parole, people sentenced to life as juveniles must reckon with their pasts." Beth Schwartzapfel has this jurisprudence essay online at Slate.
Posted at 05:47 PM by Howard Bashman


"Embattled Nominee Michael Boggs Held Up As Other Judicial Candidates Moving Forward": Jennifer Bendery of The Huffington Post has this report today.
Posted at 05:44 PM by Howard Bashman


"Rajat Gupta Loses Bid to Remain Free on Bail": Brent Kendall has this post at WSJ.com's "Law Blog."
Posted at 05:34 PM by Howard Bashman


"Court: Warrantless cell tracking unconstitutional." The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.

The decision was written by visiting Senior D.C. Circuit Judge David B. Sentelle, on behalf of a unanimous three-judge Eleventh Circuit panel.

Update: In other coverage, David Kravets of Ars Technica has an article headlined "Get a warrant for cell phone location tracking, US appeals court says; Decision makes the surveillance issue ripe for Supreme Court intervention."

Reuters reports that "Appeals court limits police use of cell phone location data."

At Gigaom, Jeff John Roberts has a post titled "In major privacy ruling, court says police need warrant to track phone users' location."

And at the "Just Security" blog, Jennifer Granick has a post titled "Eleventh Circuit Says No to Warrantless Cell Tracking, Calls Other Metadata Programs Into Question."
Posted at 05:32 PM by Howard Bashman



"No decision yet on hearing process for traffic cameras": Jim Provance of The Toledo Blade has this news update.

The Public Information Office of the Supreme Court of Ohio issued a preview of today's oral argument titled "Does Appeals Process for Photo-Enforced Red-Light or Speeding Violations Strip Courts of Jurisdiction?"
Posted at 01:50 PM by Howard Bashman



Sixth Circuit rejects argument that the Affordable Care Act's requirement that Catholic Church-related non-profits "self certify" their religious objections to the provision of contraceptive services imposes a "substantial burden" under the Religious Freedom Restoration Act: You can access today's unanimous ruling of a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit in Mich. Catholic Conf. v. Burwell at this link.
Posted at 01:32 PM by Howard Bashman


"The Argentine bond saga, made simple": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 10:00 AM by Howard Bashman


"B.C. lawyers vote overwhelmingly against Trinity Western's law school amid claims of gay discrimination": The Vancouver Sun has an article that begins, "Provincial lawyers soundly rebuked the governors of the Law Society of B.C. Tuesday and overwhelmingly voted to rescind approval of a law school for Trinity Western University because of its controversial Community Covenant."
Posted at 07:58 AM by Howard Bashman


"Forensic Science Isn't Science: Why juries hear -- and trust -- so much biased, unreliable, inaccurate evidence." Mark Joseph Stern has this essay online at Slate.
Posted at 07:45 AM by Howard Bashman


Tuesday, June 10, 2014

"State Supreme Court to hear Yelp case on consumer reviews": The Washington Times has an article that begins, "The Virginia Supreme Court has agreed to hear an appeal by the popular website Yelp, which was ordered earlier this year to turn over the names of seven reviewers who anonymously criticized a prominent local carpet-cleaning business."
Posted at 11:38 PM by Howard Bashman


"Rajat Gupta Seeks to Avoid Prison With Supreme Court Plea": Bob Van Voris and Greg Stohr of Bloomberg News have this report.
Posted at 11:33 PM by Howard Bashman


"Supreme Court to weigh next steps in Argentina bonds case": Lawrence Hurley of Reuters has this report.
Posted at 11:30 PM by Howard Bashman


"Citing Supreme Court win, Obama admin urges dismissal of Camp Lejeune cases": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:54 PM by Howard Bashman


"It is more than a little surprising to encounter an argument by a prison system that an inmate may be penalized for obeying an order by the prison's staff." So writes Circuit Judge Frank H. Easterbrook in an interesting opinion that he issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 01:24 PM by Howard Bashman


"Hathitrust Library's Fair-Use Win Survives Appeal": Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.

Update: In other coverage, Reuters reports that "U.S. appeals court rules against authors in book-scanning lawsuit."

And The Associated Press has a report headlined "Court: Searchable books database is 'fair use.'"
Posted at 01:11 PM by Howard Bashman



"U.S. law firms flock to gay-marriage proponents, shun other side": Joan Biskupic of Reuters has this report.
Posted at 09:14 AM by Howard Bashman


"Court sends immigrants' adult children to back of the line": Robert Barnes of The Washington Post has this report.

And David G. Savage of The Los Angeles Times reports that "Supreme Court deals setback to young relatives of legal immigrants" and "Supreme Court leaves California in charge of disabled inmates."
Posted at 09:12 AM by Howard Bashman



"Supreme Court Rules in Favor of Electronics Plant in Poisoned Water Case": Adam Liptak has this article in today's edition of The New York Times.
Posted at 09:10 AM by Howard Bashman


"U.S. Supreme Court won't hear case of Pa. juveniles serving life": Today's edition of The Philadelphia Inquirer contains this front page article.

And in today's edition of The Pittsburgh Post-Gazette, Paula Reed Ward has an article headlined "Justices decline to hear Pa. case on mandatory life for juveniles."
Posted at 09:06 AM by Howard Bashman



"District judge fines man $50 for wearing low pants in court; He's 'old enough to understand,' District Judge Wayne Maura says": This front page article appears today in The Morning Call of Allentown, Pennsylvania.
Posted at 09:02 AM by Howard Bashman


Monday, June 9, 2014

"Bonus payout for WTC site workers premature: court." Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 11:18 PM by Howard Bashman


Mind your apostrophes: As two errata sheets that the U.S. Court of Appeals for the First Circuit issued recently (here and here) make clear, the typo that an earlier post recently noted was merely the tip of the apostrophe iceberg.
Posted at 11:14 PM by Howard Bashman


"In Philadelphia, Judges Warn of Social Media Attempts To Sway Rulings": CBS Philly has this report.

You can view the video of today's National Constitution Center event via this link.
Posted at 09:10 PM by Howard Bashman



"Supreme Court Rules Against Residents in Environmental Lawsuit Case; Top Court Says Federal Superfund Law Doesn't Trump State Time Limits on Lawsuits": Brent Kendall of The Wall Street Journal has this report.

Richard Wolf of USA Today reports that "Justices' water pollution ruling may deny Marine vets."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court ruling muddies water in Lejeune pollution case."

The Citizen-Times of Asheville, North Carolina reports that "Supreme Court rules against homeowners in CTS case."

And Jeremy P. Jacobs of Greenwire reports that "Supreme Court rules for industry in fight over contaminated groundwater."
Posted at 08:07 PM by Howard Bashman



"Terrorism suspect's lawyer clashes with appeals judge in do-over": Steve Schmadeke of The Chicago Tribune has a news update that begins, "At an unusual do-over at the federal appeals court in Chicago, judges heard oral arguments today for the second time in less than a week in a local terrorism case that has received national interest."

And The Associated Press reports that "Rare redo in terrorism records case gets combative."

You can access the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit via this link (7.54 MB mp3 audio file).
Posted at 07:58 PM by Howard Bashman



"Tobacco Companies Rejected by High Court on Florida Suits": Greg Stohr of Bloomberg News has this report, along with an article headlined "Wells Fargo Rejected by Top Court on $148 Million Tax Bid."

Reuters has reports headlined "U.S. top court leaves intact jury verdicts against big tobacco"; "U.S. top court rejects Accenture trade secrets appeal"; and "U.S. Supreme Court declines to hear Wells Fargo-IRS tax squabble."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court won't review tobacco verdicts -- again."
Posted at 07:48 PM by Howard Bashman



"Supreme Court Decides Case With Echoes Of Anna Nicole Smith Bankruptcy": Daniel Fisher has this post online today at Forbes.com.
Posted at 07:32 PM by Howard Bashman


"The Supreme Court Deals Radical Conservatives a Foreign-Policy Setback: And hardly anyone notices." Simon Lazarus has this essay online today at The New Republic.
Posted at 07:20 PM by Howard Bashman


"Del. Supreme Court Justice Berger to retire; She was the first female member of the Court of Chancery and state Supreme Court": Sean O'Sullivan of The News Journal of Wilmington, Delaware has an update that begins, "Delaware Supreme Court Justice Carolyn Berger will retire on Sept. 1, joining a sudden wave of departures from the state's highest court."
Posted at 07:18 PM by Howard Bashman


"Supreme Court: Texas can withhold drug source name." The Associated Press has a report that begins, "The U.S. Supreme Court on Monday refused an appeal from a Texas death row inmate whose attorneys had demanded that state officials disclose the source of drugs intended to execute him."
Posted at 04:55 PM by Howard Bashman


"Supreme Court protester against social media firings collapses": Reuters has this report.
Posted at 04:52 PM by Howard Bashman


"U.S. Supreme Court refuses to stop BP oil spill payments": The Times-Picayune of New Orleans has this news update.

Greg Stohr of Bloomberg News reports that "BP Rejected by Supreme Court on Gulf Payments Reprieve."

Lawrence Hurley of Reuters reports that "U.S. top court declines to block BP spill payments."

The Associated Press has a report headlined "Supreme Court: BP must pay claims during appeal."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court turns aside BP payments protest."

You can access today's order of the U.S. Supreme Court at this link.
Posted at 02:40 PM by Howard Bashman



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

1. Justice Elena Kagan announced the judgment of the Court and delivered an opinion in which Justices Anthony M. Kennedy and Ruth Bader Ginsburg joined in Scialabba v. Cuellar de Osorio, No. 12-930. Chief Justice John G. Roberts, Jr. issued an opinion concurring in the judgment, in which Justice Antonin Scalia joined. Justice Samuel A. Alito, Jr. issued a dissenting opinion. And Justice Sonia Sotomayor issued a dissenting opinion, in which Justice Stephen G. Breyer joined in full and in which Justice Clarence Thomas joined except as to a footnote. You can access the oral argument via this link.

2. Justice Thomas delivered the opinion for a unanimous Court in Executive Benefits Ins. Agency v. Arkison, No. 12-1200. You can access the oral argument via this link.

3. Justice Kennedy delivered the opinion of the Court in large measure in CTS Corp. v. Waldburger, No. 13-339. Justices Sotomayor and Kagan joined the opinion in full. Chief Justice Roberts and Justices Scalia, Thomas, and Alito joined the opinion in large measure. Justice Scalia issued an opinion concurring in part and concurring in the judgment, in which Chief Justice Roberts and Justices Thomas and Alito joined. And Justice Ginsburg issued a dissenting opinion, in which Justice Breyer joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Court: Children over 21 go to back of visa line"; "High court rules on scope of bankruptcy authority"; and "Court rules against homeowners in toxic water case."
Posted at 10:04 AM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: The Court has posted the Order List at this link. The Court did not grant review in any new cases, but the Court did agree to set for oral argument exceptions to the Report of the Special Master in Kansas v. Nebraska, a case in the Court's original jurisdiction.

In early news coverage, The Associated Press reports that "Justices let stand $70M in awards to smokers."
Posted at 09:35 AM by Howard Bashman



"Obama's Shocking Success on Judgeships Overturns Conventional Wisdom; Quietly but persistently, Obama and the Democratic Party have won approval for federal judicial nominees at a rate that outdoes either of Obama's predecessors": Law professor David Fontana has this essay online today at The Daily Beast.
Posted at 07:29 AM by Howard Bashman


Sunday, June 8, 2014

"Wisconsin Supreme Court imposes time limits on debate to clear backlog": Patrick Marley of The Milwaukee Journal Sentinel has this report.
Posted at 11:58 PM by Howard Bashman


"Clinton Library release of papers on Ginsburg, Breyer nominations offer insight, some fun": Robert Barnes will have this new installment of his "The High Court" column in Monday's edition of The Washington Post.
Posted at 11:56 PM by Howard Bashman


"A Victory for 'Religious Freedom' is a Loss for Religion: A version of the Golden Rule is at the heart of every religion; But now, in the name of religion, some people want to add an asterisk." The Right Rev. V. Gene Robinson has this essay online today at The Daily Beast.
Posted at 10:07 AM by Howard Bashman


"Debate swells on raising NJ judges' retirement age to 75": Salvador Rizzo has this front page article in today's edition of The Newark Star-Ledger.
Posted at 10:04 AM by Howard Bashman


"Beyond the robe: Freshman Supreme Court Justice Jim Bassett has a unique vantage point." This front page article appears in today's edition of The Concord (N.H.) Monitor.
Posted at 09:55 AM by Howard Bashman


"Justice Alito's vote will be key in 3 cases challenging Obama's power": David G. Savage and Timothy M. Phelps have this front page article in today's edition of The Los Angeles Times.
Posted at 07:28 AM by Howard Bashman


Saturday, June 7, 2014

"Who me?" At his "Hercules and the Umpire" blog, Senior U.S. District Judge Richard G. Kopf has this interesting review of the book "Uncertain Justice: The Roberts Court and the Constitution," by Laurence Tribe and Joshua Matz.
Posted at 01:03 PM by Howard Bashman


"Appeals court revives case for art seized in WWII": The Associated Press has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 11:09 AM by Howard Bashman


"Free speech or illegal threats? Justices could say." The Associated Press has this report.
Posted at 11:02 AM by Howard Bashman


"James Risen case: The Supreme Court stiffs the press -- or maybe not." Michael McGough has this essay online at The Los Angeles Times.
Posted at 10:58 AM by Howard Bashman


"Corporate lawyer tapped for Supreme Court spot": Today's edition of The News Journal of Wilmington, Delaware contains an article that begins, "Wilmington corporate attorney Karen L. Valihura, 51, of Centerville has been nominated by Gov. Jack Markell to fill the upcoming vacancy on the Delaware Supreme Court."
Posted at 10:56 AM by Howard Bashman


"Benchslap Of The Day: The D.C. Circuit Calls Out A Top Law School Professor." David Lat has this post at "Above the Law" about a ruling that the U.S. Court of Appeals for the D.C. Circuit issued yesterday.
Posted at 10:07 AM by Howard Bashman


Friday, June 6, 2014

"'Cold Fish' Memo on Justice Breyer Surfaces in Clinton Papers": Jess Bravin has this post at WSJ.com's "Washington Wire" blog.
Posted at 09:02 PM by Howard Bashman


"Appeals court to redo terror case hearing that went unrecorded": The Chicago Tribune has a news update that begins, "In an unprecedented mulligan, the federal appeals court in Chicago decided to redo oral arguments in a local terrorism case after it was revealed earlier this week that court personnel failed to record the initial hearing."

And Josh Gerstein of Politico.com has a blog post titled "Court orders rare re-do in surveillance case."

You can access today's order of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 08:54 PM by Howard Bashman



"The Roberts Court: New frontiers in constitutional doctrine." Law professor Laurence H. Tribe has this guest post today (his final one for now) at "The Volokh Conspiracy."

And Professor Tribe's guest post from yesterday was titled "The Roberts Court: Forging equality in time and politics."
Posted at 08:20 PM by Howard Bashman



"Judges' Financial Reports Reveal Extensive Travel; Judges navigate ethics rules when they travel": Zoe Tillman will have this article in Monday's edition of The National Law Journal.
Posted at 06:11 PM by Howard Bashman


"Documents show how Clinton leaked names of court nominees": The New York Post has this news update.

And at "The BLT: The Blog of Legal Times," Tony Mauro and Todd Ruger have a post titled "Newly Released Clinton Papers Dish on Ginsburg, Breyer."
Posted at 06:07 PM by Howard Bashman



Programming note: I am visiting an appellate client located out-of-town today. As a result, additional posts will appear here this evening.
Posted at 07:12 AM by Howard Bashman


"More Clinton White House records to be released": The Associated Press has this article, which reports that the documents to be released today cover "a wide range of topics including * * * the Supreme Court nominations of Justices Ruth Bader Ginsburg and Stephen Breyer."
Posted at 07:08 AM by Howard Bashman


"Utah -- Defending marriage at the Supreme Court": Bill Duncan has this essay online at The Deseret News.
Posted at 07:00 AM by Howard Bashman


"Three Recently Accepted Cases Shed Light on the Supreme Court's Process for Granting Review": Law professor Vikram David Amar has this essay online at Justia's Verdict.
Posted at 06:55 AM by Howard Bashman


"Aereo wants a TV revolution, if the Supreme Court will let it; Can a daring entrepreneur from Newton and his team of technologists upend the way we watch TV? Only if the Supreme Court doesn't quash their idea first." This article will appear in this upcoming Sunday's edition of The Boston Globe's Globe Sunday magazine.
Posted at 06:52 AM by Howard Bashman


Thursday, June 5, 2014

"Split Fourth Circuit highlights ugly mess of SCOTUS 'crime of violence' jurisprudence": Douglas A. Berman has this post at his "Sentencing Law and Policy" blog discussing a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 10:56 PM by Howard Bashman


It's "its": Or at least it should be in the concluding paragraph of this opinion (archived copy here) that a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit issued today.

Do concurring judges really think it is more considerate to their authoring colleague not to point out an obvious typo in an opinion?
Posted at 10:52 PM by Howard Bashman



"Appeals court puts temporary hold on same-sex marriage recognition in Utah": Dennis Romboy of The Deseret News has this update.

And Marissa Lang of The Salt Lake Tribune has a news update headlined "10th Circuit Court extends stay in Utah ruling validating gay marriages."

You can view today's order of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 10:44 PM by Howard Bashman



"Albany County cyber-bullying law lands in Court of Appeals": The Times Union of Albany, New York has this news update.
Posted at 10:37 PM by Howard Bashman


"Local court grants injunction for Catholic employers from healthcare mandate on contraceptives; Oklahoma City Archdioceses among plaintiffs in lawsuit challenging part of Affordable Care Act": The Oklahoman has this news update.
Posted at 10:34 PM by Howard Bashman


"Appeals court admits screw-up -- terror case hearing wasn't recorded": The Chicago Tribune has a news update that begins, "The clerk of the federal appeals court in Chicago said today his office 'screwed up' in not recording the audio of historic arguments Wednesday over whether attorneys for a local terrorism suspect should be allowed to view confidential surveillance documents filed in the case."
Posted at 10:32 PM by Howard Bashman


"No audio of vital Chicago federal court hearing": The Associated Press has this report.
Posted at 04:52 PM by Howard Bashman


"Not Your Law School Graduation Speaker: Progressive law students won't hear from the lions of the Warren Court again this week." Law professor David Fontana has this jurisprudence essay online today at Slate.
Posted at 03:16 PM by Howard Bashman


"Catholic group exempt from contraceptives rule": The Associated Press has this report.
Posted at 01:44 PM by Howard Bashman


"Arizona prisoners given OK for class-action suit against prisons for cruel and unusual treatment": Howard Fischer of The East Valley Tribune has a news update that begins, "A federal appeals court gave the go-ahead today to a class-action lawsuit by inmates in Arizona prisons who allege they and others are being subject to unconstitutional cruel and unusual treatment."

Circuit Judge Stephen Reinhardt wrote today's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

Update: In other coverage, The Arizona Republic reports that "Arizona prisoners win class-action status in health suit."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Prisoners Win Class Cert in Solitary Confinement Challenge."
Posted at 01:42 PM by Howard Bashman



"On the front lines of the battle over the press pass": Tom Goldstein has this post today at "SCOTUSblog."
Posted at 01:32 PM by Howard Bashman


"Even if credit card information listed on secured receipts could somehow cause anxiety, there is no allegation the shoppers suffered so much as a sleepless night or any other psychological harm." So observes a dissenting opinion that Chief Judge William Jay Riley issued today from a ruling of the U.S. Court of Appeals for the Eighth Circuit in a case in which the plaintiffs alleged that Sam's Club had violated the Fair and Accurate Credit Transactions Act.
Posted at 11:58 AM by Howard Bashman


"This case calls on us to explore the limits of copyright protection for architectural works." So begins a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 11:50 AM by Howard Bashman


"What Does the McCutcheon Decision Say about Democracy?" William Hogeland has this essay online at Boston Review.
Posted at 10:25 AM by Howard Bashman


"The Supreme Court is struggling to rein in America's rogue patent court": Timothy B. Lee has this post online at Vox.
Posted at 10:24 AM by Howard Bashman


"John Roberts' Constitutional Avoidance: In Bond v. United States, the chief justice used a 'saving construction' to avoid a constitutional showdown; Sound familiar?" Damon Root has this essay at Reason.com.
Posted at 10:22 AM by Howard Bashman


"Utah to appeal decision requiring recognition of same-sex marriages": Dennis Romboy of The Deseret News has this report.

And The Salt Lake Tribune reports that "Utah appealing ruling that validates gay marriages; Facing Monday deadline, Utah opts to challenge district judge's order."
Posted at 10:20 AM by Howard Bashman



"As Senate Runs Out Of Judges To Confirm, Dozens Of Courts Still Sit Empty With No Nominees": Jennifer Bendery of The Huffington Post has this report.
Posted at 10:15 AM by Howard Bashman


"Lake Chelan ferry service appeal won't be heard by Supreme Court": The Spokesman-Review of Spokane, Washington has this report.
Posted at 08:16 AM by Howard Bashman


"Lesbian nominated to Puerto Rico Supreme Court": The Washington Blade has this report.

And in local coverage, El Nuevo Día reports that "Garcia Padilla designa a Maite Oronoz al Tribunal Supremo."
Posted at 08:14 AM by Howard Bashman



"Could Ninth Circuit send abortion back to the Supreme Court?" Jonathan H. Adler has this post today at "The Volokh Conspiracy."
Posted at 08:09 AM by Howard Bashman


"Four in running for Del. Supreme Court vacancy": Today's edition of The News Journal of Wilmington, Delaware contains a front page article that begins, "The state panel that recommends candidates for Gov. Jack Markell to consider to fill a Delaware Supreme Court vacancy has offered four names, including a judge at the center of a controversial sentencing of du Pont heir Robert Richards IV in the rape of his daughter."
Posted at 08:07 AM by Howard Bashman


Wednesday, June 4, 2014

One more reason not to retire from the U.S. Supreme Court too early -- you might get stuck deciding an appeal involving the meaning of the word "willfully" in a federal statute criminalizing "knowingly and willfully obstructing the passage of mails": Retired Justice David H. Souter issued this opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit.
Posted at 11:14 PM by Howard Bashman


"Supreme Court appointments: Still more questions than answers." Law professor Carissima Mathen has this essay online at The Toronto Globe and Mail.
Posted at 11:04 PM by Howard Bashman


"Cyberbullying Law Challenged in Court; New York Jurists to Decide if Criminal Statute Violates Freedom of Speech; Other States and Localities Await Precedent": In Thursday's edition of The Wall Street Journal, Joe Palazzolo will have an article that begins, "New York's high court on Thursday will consider one of the first legal challenges to state and local laws that make it a crime for people to bully others online, especially children."
Posted at 10:52 PM by Howard Bashman


"City Soda Fight, in Court, Tests Agency's Power": This article will appear in Thursday's edition of The New York Times.

My earlier coverage of today's oral argument in the New York State Court of Appeals can be accessed here.
Posted at 10:28 PM by Howard Bashman



"Golden Globes Lawsuit Hits Appeals Court: HFPA Says Judge Made 'Significant Mistake'; An HFPA lawyer argues that the Ninth Circuit Court of Appeals should reverse a ruling that Dick Clark Productions can produce the Globes as long as the show is on NBC." Alex Ben Block has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 10:22 PM by Howard Bashman


"Gitmo Fail: Obama promised to close Guantanamo; Why is he releasing dangerous detainees and ignoring the rest?" Emily Bazelon has this essay online at Slate.
Posted at 10:18 PM by Howard Bashman


"When Global Warming Kills Your God: Twenty-three Alaskan tribesmen broke the law when they overfished king salmon, but they claim their faith gave them no other choice." Adam Weymouth has this article online at The Atlantic.
Posted at 10:16 PM by Howard Bashman


"New York City seeks to reinstate large soda ban": Reuters has a report that begins, "An attorney for New York City has asked the state's top court to revive a ban on large sugary drinks, saying the city's health department has the power to ban any products, even hamburgers, that pose a health risk."

Bloomberg News reports that "NYC Asks Top Court to Revive Bloomberg's Big-Soda Ban."

And The Associated Press reports that "State court considers restoring NYC big-soda ban."
Posted at 08:17 PM by Howard Bashman



"Court: BP must pay Clean Water Act fines for spill." The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued today.
Posted at 07:20 PM by Howard Bashman


"Supreme Court Rebuffs Call to End Same-Sex Marriages in Oregon": Adam Liptak of The New York Times has this news update.

The Oregonian has a news update headlined "Gay marriage: Supreme Court declines to halt same-sex marriages in Oregon."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court won't block Oregon same-sex marriages."
Posted at 06:04 PM by Howard Bashman



"Lawyers spar on secret-court documents in Chicago": The Associated Press has a report that begins, "A federal appeals court in Chicago has heard oral arguments over surveillance issues highlighted during the past year by disclosures from onetime government contractor Edward Snowden."
Posted at 05:28 PM by Howard Bashman


"American Lawyer publisher sold back to Wasserstein & Co": Reuters has this report.

And the "DealBook" blog of The New York Times has a post titled "Wasserstein & Co. to Buy Back American Lawyer."
Posted at 02:22 PM by Howard Bashman



"Any expressive aspects of Osinger's speech were not protected under the First Amendment because they were 'integral to criminal conduct' in intentionally harassing, intimidating or causing substantial emotional distress to V.B." So held a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in a decision issued today upholding a defendant's federal conviction for the offense of stalking.
Posted at 01:24 PM by Howard Bashman


"Defendant's appeal gets his sentence increased(!) from 30+ years to LWOP": At his "Sentencing Law and Policy" blog, Douglas A. Berman has this post today about an interesting ruling that a divided three-judge panel of the U.S. Court of Appeals for the First Circuit issued yesterday.
Posted at 01:10 PM by Howard Bashman


"The Constitution, coercion, and bribery at the Roberts Court": Law professor Laurence H. Tribe has this guest post today at "The Volokh Conspiracy."
Posted at 01:03 PM by Howard Bashman


"Pennsylvania Progressives Torpedo Nomination Of Potential GOP Obama Judicial Pick": Jennifer Bendery of The Huffington Post has this report.
Posted at 11:30 AM by Howard Bashman


"Appeals Court to continue blocking Arizona abortion law": The Arizona Republic has this report.

Howard Fischer of The Arizona Daily Star reports that "Federal appeals court blocks Arizona abortion-drug law."

Reuters reports that "Arizona abortion drug restrictions to stay blocked pending appeal."

At her "Trial Insider" blog, Pamela A. MacLean has a post titled "Arizona Anti-Abortion Pill Law Blocked."

And at the "Taking Note" blog of The New York Times, Dorothy J. Samuels has a post titled "When Courts Consider Evidence, Abortion Supporters Win."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 10:44 AM by Howard Bashman



"Sotomayor on her memoir and much more": Mark Walsh has this post at "SCOTUSblog."
Posted at 10:37 AM by Howard Bashman


"U.S. appeals court says judge wrongly rejected SEC-Citigroup accord": Nate Raymond and Jonathan Stempel of Reuters have this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.

Update: In other coverage, The Associated Press reports that "Court limits judge's say over $285M Citigroup deal."

And Bloomberg News reports that "Citigroup Wins Order Reviving $285 Million SEC Accord."
Posted at 10:33 AM by Howard Bashman



"Farmers Branch settles last part of lawsuit over rental ordinance for $1.4 million": The Dallas Morning News has this report.
Posted at 07:52 AM by Howard Bashman


"FSU reopens search for leader; New candidate Polston is Fla. Supreme Court chief justice": This front page article appears today in The Tallahassee Democrat.
Posted at 07:49 AM by Howard Bashman


"N.Y. Soda Fight Goes to Top Court as City Seeks Reversal": Bloomberg News has this report.

And in related commentary, online at Justia's Verdict law professor Rodger Citron has an essay titled "The Soda Ban or the Portion Cap Rule? Litigation Over the Size of Sugary Drink Containers as an Exercise in Framing."

Update: In other coverage, The New York Times has a report headlined "A Fight to Limit Sugary Drinks Enters Its Final Round."
Posted at 07:46 AM by Howard Bashman



Tuesday, June 3, 2014

"New Orleans tour guide licensing law upheld": The Times-Picayune has a report that begins, "New Orleans tour guides will continue to undergo criminal background checks and drug testing in order to ply their trade after a federal appeals court upheld the city's licensing system."

My earlier coverage of yesterday's Fifth Circuit ruling appears at this link.
Posted at 11:48 PM by Howard Bashman



"Court reopens third case after Center uncovered judicial conflicts of interest; Judge's wife owned up to $100,000 in ExxonMobil stock when company came before him": The Center for Public Integrity today has a report that begins, "A federal appeals court has withdrawn a three-judge panel's 2007 dismissal of a Pennsylvania man's lawsuit against ExxonMobil Corp. after a Center for Public Integrity investigation found that the wife of one of the judges owned up to $100,000 worth of stock in the oil company at the time of the panel's decision."
Posted at 11:38 PM by Howard Bashman


"Relatives of Victims of Drone Strikes Drop Appeal": Charlie Savage of The New York Times has this report.
Posted at 11:32 PM by Howard Bashman


"Senate Democrats look to rewrite First Amendment in fight to limit campaign cash": Stephen Dinan of The Washington Times has this report.
Posted at 11:27 PM by Howard Bashman


"This man says he's willing to die so he can post naked pictures without getting fired": Today at the "Style Blog" of The Washington Post, Ben Terris has an entry that begins, "If you've ever been fired for posting a nude picture of yourself on the Internet, or for writing homophobic rants on Facebook, there's a man who says he is willing to die outside of the Supreme Court for you."

The hunger striker is an attorney from Delaware, and you can access his web site at this link.
Posted at 11:25 PM by Howard Bashman



"The Supreme Court Has Given Us a Government Of, By, and For the 1 Percent": Law professor Geoffrey R. Stone has this essay online today at The Daily Beast.
Posted at 11:14 PM by Howard Bashman


"Abortion clinic buffer zones should be protected by the Supreme Court": Carla Hall has this essay online at The Los Angeles Times.
Posted at 11:11 PM by Howard Bashman


"Supreme Court decision gives Nautilus a boost; Lower court decision in patent fight tossed": The Columbian of Vancouver, Washington has this report.
Posted at 11:08 PM by Howard Bashman


"Harper appoints Quebec Court of Appeal judge Gascon to Supreme Court": Sean Fine will have this article in Wednesday's edition of The Toronto Globe and Mail.

The Toronto Star has an article headlined "Quebec Court of Appeal judge nominated to Supreme Court; Prime Minister Stephen Harper has named Quebec Court of Appeal judge Clement Gascon as his nominee to fill the seat on the Supreme Court of Canada previously held by Justice Morris Fish."

Reuters reports that "Canada PM names new top court judge after previous pick rejected."

The Canadian Press reports that "Quebec Court of Appeal judge Clement Gascon nominated to Supreme Court."

CBC News reports that "Justice Clement Gascon to fill Quebec vacancy on Supreme Court; Gascon to replace Justice Marc Nadon, the previous candidate for Quebec vacancy who was deemed ineligible."

You can access the official announcement at this link.
Posted at 11:02 PM by Howard Bashman



"Could U.S. Supreme Court decide not to decide on same-sex marriage? Utah hopes for a 10th Circuit ruling soon, with a possible appeal decided by the justices in 2015." This article will appear in Wednesday's edition of The Salt Lake Tribune.

In Wednesday's edition of The Deseret News, Dennis Romboy will have an article headlined "Utah lawmaker questions if gay marriage case will reach U.S. Supreme Court."

And in related news, The Oregonian has a news update headlined "Gay marriage: U.S. Supreme Court should stay out of Oregon case, attorney general says."
Posted at 10:52 PM by Howard Bashman



"Stepping back from the precipice in Bond": David Golove and Marty Lederman have this post today at "Just Security."
Posted at 10:15 PM by Howard Bashman


"Prisoner Deal Puts President on Defensive": Charlie Savage and David E. Sanger will have this article in Wednesday's edition of The New York Times.
Posted at 10:14 PM by Howard Bashman


"Clash over Taliban release unlikely to be resolved in U.S. courts": Lawrence Hurley and Andy Sullivan of Reuters have this report.
Posted at 09:45 PM by Howard Bashman


"On the Constitutionality of Love Triangles": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 03:24 PM by Howard Bashman


"Justices Criticized at Congressional Hearing on Campaign Finance": At "The BLT: The Blog of Legal Times," Todd Ruger has a post that begins, "The U.S. Supreme Court drew heavy but familiar criticism from federal lawmakers Tuesday as Democrats pressed forward with a constitutional amendment to undo the high court's rulings in campaign finance cases."

And in yesterday's edition of The Wall Street Journal, U.S. Senator Ted Cruz (R-TX) had an op-ed titled "The Democratic Assault on the First Amendment; Congress has too much power already; it should not have the power to silence citizens." You can freely access the full text of the op-ed via Google.
Posted at 03:16 PM by Howard Bashman



"Legal Fees Significantly Reduced in Iranian Dairy Dispute": Zoe Tillman has this post at "The BLT: The Blog of Legal Times" reporting on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:34 PM by Howard Bashman


"Arizona Drug-Induced Abortion Limits Blocked by Court": Bloomberg News has a report that begins, "Arizona's law limiting drug-induced abortions was blocked by a federal appeals court as an undue burden on women, handing a victory to Planned Parenthood which seeks to roll back a restriction it says is among the most stringent in the nation."

You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:30 PM by Howard Bashman



"EPA Rule to Find Support at Business-Friendly Court": Greg Stohr of Bloomberg News has this report.
Posted at 12:20 PM by Howard Bashman


"Ohio court to weigh repeat execution attempt": The Associated Press has a report that begins, "Ohio's top court has agreed to hear arguments that the country's only survivor of a botched lethal injection would face cruel and unusual punishment and double jeopardy if the state again attempts to put him to death."
Posted at 11:15 AM by Howard Bashman


"Free speech and the Roberts Court: uncertain protections." Law professor Laurence H. Tribe has this guest post today at "The Volokh Conspiracy."
Posted at 11:11 AM by Howard Bashman


"Supreme Court won't hear Murfreesboro mosque case": The Tennessean has this report.
Posted at 11:07 AM by Howard Bashman


"Justices Enter Into Dispute Over Districts Alabama Set": Adam Liptak has this article in today's edition of The New York Times.

Robert Barnes of The Washington Post reports that "Court to review Alabama's 'race-based' reapportionment."

Jess Bravin of The Wall Street Journal has an article headlined "Supreme Court Takes Up Appeal on Alabama Redistricting Plan; High Court Reviewing Whether Alabama Plan Dilutes Voting Power of Minorities." You can freely access the full text of the article via Google.

The Montgomery (Ala.) Advertiser has an article headlined "If challenge succeeds: New map, maybe not new elections."

Bill Mears of CNN.com reports that "Supreme Court will review Alabama's redrawn voting maps."

And at "SCOTUSblog," Lyle Denniston has a post titled "New ruling due on racial gerrymandering."
Posted at 09:56 AM by Howard Bashman



"Supreme Court Limits Suits Over Encouraging Patent Infringement; Court Sides With Limelight Networks in Patent Fight With Akamai Technologies": Brent Kendall of The Wall Street Journal has this report. You can freely access the full text of the article via Google.

Greg Stohr and Susan Decker of Bloomberg News report that "Patent Lawsuits Limited by Supreme Court in Two Rulings."

Diane Bartz and Lawrence Hurley of Reuters report that "U.S. Supreme Court rulings may make life harder for patent trolls."

Joe Mullin of Ars Technica reports that "Supreme Court shoots down two more rules put in place by top patent court; Raising the bar on vague patents, and throwing out 'induced infringement' theory."

Online at Bloomberg View, law professor Noah Feldman has an essay titled "Supreme Court Smacks Down Patent Lawyers."

At Gigaom, Jeff John Roberts has a post titled "In win for tech industry, Supreme Court overturns two more patent rulings,"

At Forbes.com, Daniel Fisher has a post titled "Supreme Court Slaps Loose Business-Method Patents, Federal Circuit In Rulings."

And at "Patently-O," Dennis Crouch has blog posts titled "Supreme Court Rejects Expanded Inducement Doctrine" and "Supreme Court: To Be Valid, Patent Claims Must Provide Reasonable Certainty Regarding the Claim Scope."
Posted at 09:48 AM by Howard Bashman



"Appointments and Disappointments: The Supreme Court Blunder That Liberals Tend to Make." David Leonhardt has this essay in today's edition of The New York Times.
Posted at 07:56 AM by Howard Bashman


Monday, June 2, 2014

"Obama circumvents laws with 'signing statements,' a tool he promised to use lightly": This article will appear in Tuesday's edition of The Washington Post.
Posted at 11:38 PM by Howard Bashman


"Obama's new emissions rules likely to face a friendly court": Lawrence Hurley of Reuters has an article that begins, "The fate of President Barack Obama's new regulations for curbing greenhouse gas emissions from existing U.S. power plants likely lies in the hands of a Washington, D.C., appeals court he largely reshaped through a series of key appointments."
Posted at 11:24 PM by Howard Bashman


"The judgment of the district court upholding the constitutionality of the New Orleans licensing scheme for tour guides is affirmed." Today. a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit rejected a First Amendment challenge to a City of New Orleans requirement that those who conduct tours for hire in the city have a tour guide license.

Two judges joined in the court's three-page opinion, while the third judge concurred in the result.

Back on April 30, 2014, I had this post linking to coverage of the appellate oral argument and the argument audio.
Posted at 11:16 PM by Howard Bashman



"Appeals Court: Digital Music Store Was Illegal Pyramid Scheme; A federal appeals court determines that BurnLounge was focused on building revenue through participant recruitment, not through sales of any product." Eriq Gardner has this post at the "Hollywood, Esq." blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:03 PM by Howard Bashman


"Seventh Circuit calls class action settlement 'scandalous,' removes Paul Weiss as attorney": Legal Newsline has this report.

And at Forbes.com, Daniel Fisher has a post titled "Pella Class-Action Settlement Is So Bad Judge Tosses Lawyer And His Father-In-Law Lead Plaintiff."

Circuit Judge Richard A. Posner issued today's ruling of the U.S. Court of Appeals for the Seventh Circuit on behalf of a unanimous three-judge panel.
Posted at 10:57 PM by Howard Bashman



"Judges challenge Archdiocesan positions in bankruptcy case": The Milwaukee Journal Sentinel has a news update that begins, "Judges at the 7th Circuit Court of Appeals on Monday appeared to challenge a key argument in the Archdiocese of Milwaukee's efforts to protect $60 million it holds in a trust for the care of cemeteries from being used to pay creditors in its bankruptcy."

And The Associated Press reports that "Judges question use of archdiocese trust fund."

You can access via this link (3.47 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 Seventh Circuit.
Posted at 10:44 PM by Howard Bashman



"Baseball and American Life: Panelists spoke at a Great Washington Writers Series luncheon on the topic, 'Let's Talk Baseball.'" According to C-SPAN's description of this event:
Panelists included Supreme Court Associate Justice Samuel Alito, New York Times columnist David Brooks, ESPN's Tim Kurkjian, USA Today's Christine Brennan, and columnist George Will. The moderator was Talmage Boston, attorney and author of two books on baseball, including Baseball and the Baby Boomer.
C-SPAN has posted online the video of the event at this link.
Posted at 10:35 PM by Howard Bashman


"Book Review: 'Scalia: A Court of One.'" Online at The Washington Times, Gerald Russello has this review of Bruce Allen Murphy's new book, "Scalia: A Court of One."
Posted at 09:02 PM by Howard Bashman


"Uncertain Justice: Understanding the Roberts Court." Law professor Laurence H. Tribe has this guest post today at "The Volokh Conspiracy."

Thanks to Professor Tribe for his kind mention of "How Appealing" in his post.
Posted at 08:56 PM by Howard Bashman



"Chemical Reaction: Behold the comic stylings of Chief Justice Roberts." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:54 PM by Howard Bashman


"Did Argentina lie to the U.S. Supreme Court?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 06:14 PM by Howard Bashman


"Will Eric Holder Back Off? The attorney general doesn't really want New York Times reporter James Risen to go to jail." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 04:55 PM by Howard Bashman


Briefing is now complete in my clients' Third Circuit interlocutory appeal by permission presenting the question "Whether a defendant may remove a case a second time based on diversity jurisdiction more than one year after the commencement of the case?" Today, I filed my clients' Reply Brief for Appellants.

In mid-May, defendant GlaxoSmithKline filed its Brief of Appellee.

And back in mid-April, I filed my clients' Brief for Appellants.

Additional background on the case can be accessed in this earlier post.

Sometime soon, the U.S. Court of Appeals for the Third Circuit is likely to assign a date for oral argument or submission on the briefs. And approximately two weeks before that date, the court will advise whether oral argument is desired.
Posted at 04:52 PM by Howard Bashman



"U.S. Solicitor General Donald Verrilli: Telling tales of life in the capital." The Wilton (Conn.) Bulletin has this report today.
Posted at 01:44 PM by Howard Bashman


"Chemical Weapons Treaty Does Not Apply to Domestic Dispute, Justices Rule": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court throws out conviction based on chemical weapons ban."

David G. Savage of The Los Angeles Times has a news update headlined "Court: Wife's toxin use on spouse's lover no 'chemical weapons' plot."

Richard Wolf of USA Today has a report headlined "Court: Chem weapons treaty can't trap jilted wife; An affair, a love child, an act of revenge, government surveillance -- all wrapped up in a chemical weapons treaty."

Jess Bravin of The Wall Street Journal has a news update headlined "Supreme Court Limits Use of Chemical Weapons Treaty for Domestic Crimes; Justices Throw Out Conviction of Pennsylvania Woman Who Used Chemical Irritant Against Romantic Rival."

Stephen Dinan of The Washington Times has a news update headlined "Poisoning your husband's lover is NOT a chemical weapons attack: Supreme Court."

The Philadelphia Inquirer has a news update headlined "U.S. Supreme Court: not terrorism, just a love triangle."

Lawrence Hurley of Reuters reports that "U.S. top court tosses woman's chemical weapons conviction."

Greg Stohr of Bloomberg News reports that "Poison Case Voided as Court Trims Chemical-Weapon Law."

Josh Gerstein of Politico.com reports that "SCOTUS tosses mistress-poisoning conviction."

At "The BLT: The Blog of Legal Times," Tony Mauro and Marcia Coyle have a post titled "In Poisoned Mailbox Case, Justices Bypass Ruling on U.S. Treaty Power."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: World law and 'romantic jealousy.'"
Posted at 01:24 PM by Howard Bashman



"Supreme Court Rejects Appeal From Reporter Over Identity of Source": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court refuses to take reporter's case on revealing confidential source."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court turns down NYT reporter's plea for confidentiality."

Brent Kendall of The Wall Street Journal has a news update headlined "Supreme Court Avoids Issue of Journalists' Right to Protect Sources; High Court Rejects Appeal by New York Times Reporter Who Wrote Book on CIA."

Lawrence Hurley of Reuters reports that "Supreme court declines to hear NYT journalist leak case."

Greg Stohr of Bloomberg News reports that "Times Reporter Rejected by High Court on Leak Testimony."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Justices Decline to Review Reporters' Privilege Dispute."
Posted at 01:14 PM by Howard Bashman



"Press Credentials Seem to Hinge on the Government's Whims": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.

It begins, "Scotusblog has covered the Supreme Court in depth and with distinction since 2002."
Posted at 12:33 PM by Howard Bashman



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

1. Justice Samuel A. Alito, Jr. delivered the opinion for a unanimous Court in Limelight Networks, Inc. v. Akamai Technologies, Inc., No. 12-786. You can access the oral argument via this link.

2. Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Nautilus, Inc. v. Biosig Instruments, Inc., No. 13-369. You can access the oral argument via this link.

3. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Bond v. United States, No. 12-158. Justice Antonin Scalia issued an opinion concurring in the judgment, in which Justice Clarence Thomas joined in full and Justice Alito joined in part. Justice Thomas issued an opinion concurring in the judgment, in which Justice Scalia joined in full and Justice Alito joined in part. And Justice Alito also issued an opinion concurring in the judgment. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Justices: Treaty can't be invoked in assault case" and "Court: Company didn't induce patent infringement."
Posted at 10:04 AM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: You can access today's Order List at this link. The Court today noted probable jurisdiction in two related direct appeals. 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 to hear Ala. redistricting challenge" and "Justices reject reporter's bid to protect source."
Posted at 09:58 AM by Howard Bashman



Sunday, June 1, 2014

"Lethal-Injection Drug Is Scrutinized; Midazolam, Used in Botched Oklahoma Execution, Tied to Two Other Cases Seen as Troubling": Ashby Jones will have this article in Monday's edition of The Wall Street Journal.

You can freely access the full text of the article via Google.
Posted at 10:27 PM by Howard Bashman



"Supreme Court Justice Antonin Scalia and how he got that way": In today's edition of The Buffalo News, Gene Warner has this review of Bruce Allen Murphy's new book, "Scalia: A Court of One."
Posted at 08:47 PM by Howard Bashman


Available online at Reason.com: David Harsanyi has an essay titled "No, the Supreme Court Doesn't Need Term Limits: Long-serving justices are far likelier to be impervious to fleeting populist bugaboos and the political pressures of the day."

And S.M. Oliva has an essay titled "Sign Regulations and the Threat to Free Speech: City planners won't let private citizens put bright red signs on their own lawns."
Posted at 08:40 PM by Howard Bashman



"Chief Justice Ricky Polston applies for FSU presidency": The Associated Press has a report that begins, "Florida Supreme Court Chief Justice Ricky Polston on Saturday jumped into the race to become the next president of Florida State University."
Posted at 08:33 PM by Howard Bashman


"Battle lines of judicial activism, from our own Minnesota Supreme Court; The crucible: A case over whether drunken driving is ever acceptable, even to escape danger." Columnist D.J. Tice has this op-ed today in The Minneapolis Star Tribune.

You can access at this link the recent ruling of the Supreme Court of Minnesota that is the subject of today's op-ed.
Posted at 08:22 PM by Howard Bashman



"U.S. Supreme Court decision in IQ death penalty case creates new delays": Columnist Dan DeWitt has this op-ed today in The Tampa Bay Times.
Posted at 08:14 PM by Howard Bashman


Slow news day in Buffalo? Today's edition of The Buffalo News contains an article headlined "Lockport attorney appears before Supreme Court -- again."

According to the article, "It's the second consecutive year that Winter will rise before the high court on the first Monday in June to ask the justices to admit members of his law fraternity to practice in the Supreme Court."
Posted at 08:06 PM by Howard Bashman







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