How Appealing

Sunday, August 31, 2014

"Gov. Sam Brownback names former legal counsel Caleb Stegall to the Kansas Supreme Court": Brad Cooper had this article in yesterday's edition of The Kansas City Star. Last September, Cooper had a related article headlined "Kansas Court of Appeals nominee Caleb Stegall has been labeled a 'crunchy con.'"

In yesterday's edition of The Topeka Capital Journal, Tim Carpenter had an article headlined "Brownback names Stegall to Kansas Supreme Court; Former aide was among three finalists for job."

And The Wichita Eagle reported yesterday that "Gov. Sam Brownback names former aide Caleb Stegall to Supreme Court."
Posted at 08:40 PM by Howard Bashman



"Texas looks to Supreme Court to block Confederate license plates": Today's edition of The Dallas Morning News contains an article that begins, "The legal sparring between Texas and supporters of a Confederate battle flag license plate has rumbled into its fifth year, even longer than the Civil War."
Posted at 11:34 AM by Howard Bashman


"After Supreme Court win over Riviera, man envisions floating homes": The Palm Beach Post contains this article today.
Posted at 11:30 AM by Howard Bashman


Saturday, August 30, 2014

In posts of interest from Eriq Gardner at the "Hollywood, Esq." blog of The Hollywood Reporter: Yesterday he had a post titled "Aereo Tells Judge It Can Beat Lawsuit Despite Supreme Court Ruling; The digital company also renews a challenge to the irreparable harm faced by TV broadcasters."

And on Thursday he had a post titled "MLB Swings for Appeal in Lawsuit That Could Shake Up Sports Broadcasting; The professional baseball league wants to present the issue of whether its antitrust exemption applies to territorial broadcast rules."
Posted at 10:33 PM by Howard Bashman



"Endless Assault on Health Care Reform": This editorial will appear in Sunday's edition of The New York Times.
Posted at 10:04 PM by Howard Bashman


"Amish Beard-Cutters Were Criminals, Not Haters": Law professor Noah Feldman has this essay online at Bloomberg View.

And at the "Balkinization" blog, law professor Marty Lederman has a post titled "Disturbing reversal of hate-crime convictions in Amish hair-cutting case."
Posted at 09:50 PM by Howard Bashman



"Prosecutor's 'lesbian' argument wins new trial for maid": Bob Egelko of The San Francisco Chronicle has an article that begins, "When a live-in household maid was charged with molesting her employers' young daughter, the prosecutor told the jury her motive was that she was a lesbian, 'attracted to females' of any age. That argument was both scientifically unfounded and prejudicial, a state appeals court said Thursday in overturning the woman's conviction and 16-year prison sentence."

And The Orange County Register reports that "Insinuations about defendant's sexuality tainted trial, court rules; Orange County prosecutor had argued woman was a lesbian, which was 'motive' to molest girl."

Associate Justice William W. Bedsworth wrote Thursday's ruling of the California Court of Appeal for the Fourth Appellate District.
Posted at 09:12 PM by Howard Bashman



"California Governor Appeals Court Ruling Overturning Protections for Teachers": Sunday's edition of The New York Times will contain an article that begins, "Wading into an intense national battle that has pitted teacher unions against a movement to weaken tenure protections, Gov. Jerry Brown has appealed a California judge's sweeping ruling that threw out teacher job protection laws on the ground that they deprived students of their constitutional rights."
Posted at 08:57 PM by Howard Bashman


Friday, August 29, 2014

"Court revives lawsuit in fatal police shooting in Anaheim; Appeals court says jury must decide whether officers acted reasonably in the death of Caesar Cruz in 2009": The Orange County Register has this report.

Maura Dolan of The Los Angeles Times reports that "Appeals court revives suit against Anaheim police in fatal shooting."

And Bob Egelko of The San Francisco Chronicle reports that "Family's lawsuit over killing by cops reinstated by U.S. court."

Chief Judge Alex Kozinski wrote yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit on behalf of a unanimous three-judge panel.
Posted at 01:28 PM by Howard Bashman



"Oracle loses bid to restore $1.3 billion SAP verdict, could get new trial": Jonathan Stempel of Reuters has this report.

And Bloomberg News reports that "Oracle Offered Reduced Damages or Retrial in SAP Case."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:16 PM by Howard Bashman



"Supreme Court Beach": Artist Todd Crespi has posted this painting online, with annotations.
Posted at 01:11 PM by Howard Bashman


"Gay marriage: Which case will the Supreme Court choose?" Richard Wolf of USA Today has this report.
Posted at 01:07 PM by Howard Bashman


"D.C. appellate judges and the art of judicial writing": Michael Doyle of McClatchy Washington Bureau has this post today at his "Suits & Sentences" blog.
Posted at 01:00 PM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: At this link.
Posted at 12:08 PM by Howard Bashman


"Obamacare's Latest Threat Nears Turning Point in Court": Greg Stohr of Bloomberg News has this report.
Posted at 09:20 AM by Howard Bashman


"State Licensing Boards Under Fire From Within": In yesterday's edition of The Wall Street Journal, Angus Loten and Sarah E. Needleman had an article that begins, "The Supreme Court will take up an antitrust case this fall that could curb the proliferation of state licenses, a top worry for U.S. small-business owners and entrepreneurs."
Posted at 08:17 AM by Howard Bashman


Thursday, August 28, 2014

"Big wins elusive for EPA in Clean Water Act showdowns": Jeremy P. Jacobs of Greenwire has this report today.
Posted at 03:05 PM by Howard Bashman


Eighth Circuit reinstates plaintiff's claims of libel per se, false light invasion of privacy, and breach of contract in Jane Doe v. Sammy Hagar: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 01:08 PM by Howard Bashman


"Practitioner's Guide to Reorganized Supreme Court Clerk's Office": Tony Mauro of The National Law Journal has this Supreme Court Brief.

You can freely access the full text of the article via Google News.
Posted at 11:25 AM by Howard Bashman



"The Extreme Partisanship of John Roberts's Supreme Court: Like Barack Obama, the chief justice came into office promising an age of apolitical comity; And like the president, he has seen his dream die." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 10:54 AM by Howard Bashman


"Santa Fe a favorite summer getaway for Justice Ginsburg": The Santa Fe New Mexican has this report.
Posted at 10:52 AM by Howard Bashman


Wednesday, August 27, 2014

Tenth Circuit considers applicability of NLRB v. Noel Canning to NLRB member appointed during an intra-session recess exceeding two weeks: You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.

And, because Circuit Judge Neil M. Gorsuch is the opinion's author, you are guaranteed a very well-written and highly readable decision.
Posted at 10:54 PM by Howard Bashman



"Christian evangelists lose appeal over police action at 2012 Detroit-area Arab festival": The Associated Press has this report on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 10:36 PM by Howard Bashman


"Convictions of Amish Sect Leader and Followers Overturned in Hair-Cutting Attacks": Erik Eckholm will have this article in Thursday's edition of The New York Times.

And Torsten Ove of The Pittsburgh Post-Gazette has a news update headlined "U.S. appeals court in Ohio overturns hate crime convictions of 16 Amish."

My earlier coverage of today's Sixth Circuit ruling appears at this link.
Posted at 10:32 PM by Howard Bashman



"Sarah Parker leaves legacy on Supreme Court": The Charlotte Observer has this report.

And the newspaper also has a related editorial titled "How old is too old for judges?"
Posted at 10:26 PM by Howard Bashman



"Florida court fast-tracks key gay marriage case to state Supreme Court; In a somewhat unusual move, a Florida court directly referred a case involving the divorce of a same-sex couple to the state Supreme Court; The high court's decision could make Florida the 20th state to legalize gay marriage": Warren Richey of The Christian Science Monitor has this report.
Posted at 10:18 PM by Howard Bashman


"Timothy Wu for Lieutenant Governor": This editorial will appear in Thursday's edition of The New York Times.
Posted at 09:58 PM by Howard Bashman


"Checking In on the Town of Greece: The town set a new prayer policy, and -- surprise, surprise -- it doesn't include atheists." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:30 PM by Howard Bashman


"Judge finalizes 'Sister Wives' ruling as both sides prepare for appeals": Nate Carlisle of The Salt Lake Tribune has this news update.
Posted at 09:22 PM by Howard Bashman


"Court to FedEx: Your drivers are full time, entitled to benefits." Bob Egelko of The San Francisco Chronicle has this news update.

Howard Mintz of The San Jose Mercury News has an update headlined "Lawsuit targeting FedEx-driver work conditions can proceed."

Amanda Becker of Reuters reports that "U.S. court clears FedEx Ground drivers to pursue wage, benefit claims."

Dave Jamieson of The Huffington Post reports that "Reagan Appointee 'Unravels FedEx's Business Model' In Court Ruling."

Today a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued two related decisions in these cases, and you can access the rulings here and here.
Posted at 08:40 PM by Howard Bashman



"Gay marriage advocates to urge top court to strike down state bans": Lawrence Hurley of Reuters has this report.
Posted at 08:20 PM by Howard Bashman


"Landmark civil rights legal records deleted from Pacer": BBC News has this report.

At "Boing Boing," Cory Doctorow has a post titled "As Office of US Courts withdraws records for five top benches, can we make them open?"

And Jeff John Roberts of Gigaom has a post titled "Why the federal court record system PACER is so broken, and how to fix it."
Posted at 08:12 PM by Howard Bashman



"A bench slap portends trouble in paradise": Last Friday at his "Hercules and the Umpire" blog, Senior U.S. District Judge Richard G. Kopf had a post that begins "This post is about politics within the federal judiciary. It also about pecking order within the hierarchy of the federal judiciary. While I don't care a bit about the substantive issue, the dispute I am about describe is fascinating because it has the potential of setting up a battle of judicial titans and I am a voyeur."
Posted at 08:02 PM by Howard Bashman


"Plebiscite appeal heard: 9th Circuit judges take on political status vote." The Pacific Daily News of Guam has this report.

A photograph accompanying the article shows that Circuit Judge N. Randy Smith did his usual pre-argument courtroom meet-and-greet before the session began.
Posted at 07:58 PM by Howard Bashman



"NOM's appeal denied to defend Oregon marriage law": The Salem Statesman Journal has a news update that begins, "The right of same-sex couples to marry in Oregon was further solidified Wednesday afternoon through a ruling issued by the 9th Circuit Court of Appeals."

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 07:40 PM by Howard Bashman



"Offerman appeals judgment in bat attack case": The Associated Press has a report that begins, "Former major league baseball player Jose Offerman is appealing a federal court order that he pay $940,000 to a catcher injured during a minor league brawl in 2007."

Late last month, The Connecticut Post reported on the verdict in an article headlined "Jury awards Bluefish catcher $940k in bat-attack trial."

My earlier coverage of this matter -- linking to an article about the plaintiff, who is now a practicing attorney -- can be accessed here.
Posted at 01:27 PM by Howard Bashman



"Court rules records of threats against Kasich are not public": The Columbus (Ohio) Dispatch has a news update that begins, "The Ohio Supreme Court ruled today that records of threats against Gov. John Kasich are not public records since they contain information that could threaten the safety of the governor."

You can access today's ruling of the Supreme Court of Ohio at this link.
Posted at 01:22 PM by Howard Bashman



"Democrats embrace 'McCutcheon' decision; New 'jumbo' joint fundraising committee follows liberals' harsh criticism of Supreme Court ruling": The Center for Public Integrity has this report.
Posted at 01:18 PM by Howard Bashman


"State court: Workers' comp OK for kickball injury." The Associated Press has this report on a 3-to-2 ruling that the Supreme Court of South Carolina issued today.
Posted at 01:12 PM by Howard Bashman


"Appeal Judge Sees Tradition of Racism in Gay-Marriage Ban": Andrew Harris of Bloomberg News has this report.
Posted at 01:00 PM by Howard Bashman


"Court overturns convictions in Amish hair attacks": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.

Circuit Judge Jeffrey S. Sutton delivered the opinion for the majority on a divided three-judge panel.

U.S. District Judge Edmund A. Sargus, Jr. (S.D. Ohio) (sitting by designation) begins his dissenting opinion as follows:

This is the first appellate case involving a religious hate crime under the Hate Crimes Prevention Act of 2009, 18 U.S.C. sec. 249. While I respect the majority's efforts to construe a deceivingly simple, but actually complex, statute, I dissent. In my view, the majority has adopted an unduly restrictive interpretation of the statute.
You can access the dissenting opinion directly via this link.

Update: In other coverage, The Cleveland Plain Dealer has a news update headlined "Federal appeals court overturns Amish beard-cutting convictions, citing erroneous jury instructions."
Posted at 12:03 PM by Howard Bashman



"Katyal ice bucket challenge": Neal Katyal has today posted this video online at YouTube.
Posted at 11:47 AM by Howard Bashman


"U.S. District Judge Mark Fuller should resign": Today's edition of The Montgomery (Ala.) Advertiser contains an editorial that begins, "A federal judgeship exemplifies the concept of an office of public trust, perhaps more than any other. Federal judges wield great authority and exercise great influence in the judicial system -- and they do so with the Constitution's provision of a lifetime appointment."
Posted at 10:04 AM by Howard Bashman


"Supreme Court may take up D.C. drug case; Civil liberties groups see judicial overreach": Jim McElhatton of The Washington Times has this report.
Posted at 10:02 AM by Howard Bashman


"Cleveland's 'jock tax' is legally justifiable, state tells Supreme Court": The Cleveland Plain Dealer has this report.

You can view the State of Ohio's amicus brief at this link, while the brief for appellant -- former Chicago Bears linebacker Hunter T. Hillenmeyer -- can be accessed here.
Posted at 09:57 AM by Howard Bashman



"In Boise, Justice Scalia calls Idaho water review 'a great state triumph'; The state asserts its authority by securing water rights along with those of Indian tribes": The Idaho Statesman has this report.
Posted at 08:24 AM by Howard Bashman


Tuesday, August 26, 2014

"Supreme Court social media rap-lyrics case brings Eminem into the fold; When does online speech become a 'true threat' unprotected by the US Constitution?" David Kravets of Ars Technica had this report yesterday.

You can view the merits brief for appellant filed last week in the U.S. Supreme Court in Elonis v. United States at this link.
Posted at 09:08 PM by Howard Bashman



"Indefensible: Why Khalid Sheikh Mohammed's lawyer is leaving the defense team -- and the Army." Gabriel Urza has this jurisprudence essay online today at Slate.
Posted at 08:46 PM by Howard Bashman


"Nice Try, Obama -- The president's latest accommodation to the contraception mandate has one problem: Religious employers won't go for it." Emily Bazelon has this jurisprudence essay online today at Slate.
Posted at 08:44 PM by Howard Bashman


"How the Supreme Court Protects Bad Cops": Erwin Chemerinsky will have this op-ed in Wednesday's edition of The New York Times.
Posted at 08:33 PM by Howard Bashman


"Federal appeals court says groups can sue over Blair Mountain": Paul J. Nyden of The Charleston (W. Va.) Gazette has this news update.

Reuters reports that "U.S. court rules for groups defending historic site from coal mining."

And The Hill has a report headlined "Court: Greens can sue to protect coal labor battle site."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 08:17 PM by Howard Bashman



"Appellate court to hear arguments on island for first time in 12 years": The Pacific Daily News of Guam has this report.

You can click here to learn the identities of the three judges who are making the very lengthy flight to Guam to hear a total of 90 minutes worth of oral arguments.
Posted at 08:04 PM by Howard Bashman



In the September 2014 issue of ABA Journal magazine: Mark Walsh has an article headlined "Home-care aides don't owe union fees, but court stops short of overruling a key precedent."

And the new installment of Bryan A. Garner's "On Words" column is headlined "Stop: Before you hit 'send' . . . ."
Posted at 07:54 PM by Howard Bashman



"Gripes About Federal Bench: Banal to Bizarre; Peek into 11th Circuit misconduct file shows many complaints, no discipline." Alyson M. Palmer will have this article in Wednesday's edition of The Fulton County Daily Report.

You can freely access the full text of the article via Google News.
Posted at 07:48 PM by Howard Bashman



"Thousands of Electronic Case Files Lost in Transition": Today at WSJ.com's "Law Blog," Joe Palazzolo has a post that begins, "The federal judiciary has ditched years of electronic court documents, as part of a migration to a new system, a courts spokeswoman said."

The official announcement of the news -- which will affect electronic access to certain case files of four federal appellate courts -- can be accessed here.

Update: In other coverage, Joe Mullin of Ars Technica reports that "US courts trash a decade's worth of online documents, shrug it off; For pre-2010 documents in three appeals courts, you'll have to go in person."
Posted at 05:16 PM by Howard Bashman



"U.S. Supreme Court expert joins legal team fighting Oklahoma's same-sex marriage ban; Stanford University's Jeffrey L. Fisher will be lead counsel for the Tulsa County couple at the center of Oklahoma's same-sex marriage case": Chris Casteel of The Oklahoman has this report.
Posted at 05:10 PM by Howard Bashman


"Birmingham attorney Donald Watkins tells U.S. Supreme Court Chief Justice that federal judge Mark Fuller should be removed from bench": The Birmingham News has this update.

And last Thursday, the AL.com Editorial Board posted online an editorial titled "Personal failings should lead federal judge to resign."
Posted at 05:02 PM by Howard Bashman



Access online the audio from today's Seventh Circuit oral argument in the Indiana same-sex marriage case: Via this link (17.7 MB mp3 audio file). Update: The oral argument in the Wisconsin same-sex marriage case can now be accessed via this link (22.8 MB mp3 audio file).

In early coverage, Jill Disis and Tim Evans of The Indianapolis Star have a news update headlined "Judges quiz state about gay marriage ban's impact on kids."

Patrick Marley of The Milwaukee Journal Sentinel has a news update headlined "Court calls Wisconsin, Indiana gay marriage bans into question."

And Michael Tarm of The Associated Press reports that "Judges blast Indiana, Wisconsin gay marriage bans."

Update: In other coverage, Reuters reports that "U.S. appeals court challenges states on gay marriage bans."

Bloomberg News has this updated report.

And Chris Geidner of BuzzFeed reports that "Indiana, Wisconsin Lawyers Get Tough Questions Over States' Marriage Bans; The three 7th Circuit Court of Appeals judges appeared ready to strike down Indiana's law and Wisconsin's constitutional amendment banning same-sex couples from marrying."
Posted at 01:15 PM by Howard Bashman



"Philip Morris Loses Bid to Toss Military Contract Litigation": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

And in other coverage, Lawrence Hurley of Reuters reports that "Philip Morris ordered to defend fraud suit over U.S. military vendors."
Posted at 12:55 PM by Howard Bashman



"Same-sex marriage case: A look at the dueling attorneys." Tim Evans of The Indianapolis Star has this report.

Patrick Marley and Dana Ferguson of The Milwaukee Journal Sentinel previewed today's oral argument in an article headlined "Federal court to take up gay marriage bans in Wisconsin, Indiana."

And Bloomberg News reports that "Wisconsin, Indiana Join Rush for Same-Sex Marriage Review."
Posted at 12:51 PM by Howard Bashman



"New plea to limit gun rights in D.C." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 11:14 AM by Howard Bashman


"Crowds line up to hear federal gay marriage appeal": The Associated Press has this report from Chicago.

When the U.S. Court of Appeals for the Seventh Circuit posts online the audio of today's oral arguments, I will link to it.
Posted at 11:12 AM by Howard Bashman



"We decline to rule that Strickland requires an appellate attorney to read advance sheets and consider newly-decided cases in the weeks or months after a direct appeal is fully briefed, argued, and submitted for decision." So rules the U.S. Court of Appeals for the Eighth Circuit in a decision issued today rejecting a claim of ineffective assistance of appellate counsel in a criminal case.
Posted at 11:09 AM by Howard Bashman


Received in yesterday's mail: An advance review copy of the forthcoming book "Judging Statutes," by Robert A. Katzmann. The book's author currently serves as Chief Judge of the U.S. Court of Appeals for the Second Circuit.

The book's announced on-sale date is September 11, 2014. According to the publisher's web page, the book "[o]ffers a powerful challenge to Antonin Scalia's textualist approach" and presents "[a] spirited and compelling defense of why judges must look at the legislative record behind a law -- and not merely the statute itself."
Posted at 10:30 AM by Howard Bashman



"Indiana, Wisconsin couples in gay marriage case": The Associated Press has this report.

The three-judge Seventh Circuit panel assigned to hear and decide these cases, being orally argued today, consists of Circuit Judges Richard A. Posner, Ann Claire Williams. and David F. Hamilton.
Posted at 09:51 AM by Howard Bashman



"Republican Lawyers' Latest Sneak Attack on Obamacare Is Their Most Brazen Yet": Simon Lazarus has this essay online at The New Republic.

Last week at the "Balkinization" blog, Rob Weiner had a post titled "Taking Liberties with the Last Word."

And in response, at "The Volokh Conspiracy," Jonathan H. Adler had a post titled "Taking liberties with law and word -- a surreply to Rob Weiner."
Posted at 08:44 AM by Howard Bashman



"The Witness: For more than a decade, it was Michelle Lyons's job to observe the final moments of death row inmates -- but watching 278 executions did not come without a cost." Pamela Colloff will have this article in the September 2014 issue of Texas Monthly.
Posted at 08:40 AM by Howard Bashman


"Journalists, ACLU file federal lawsuit over botched Oklahoma execution; A group of international and local journalists are suing the Oklahoma Corrections Department, alleging the closing of the blinds during the botched execution of Clayton Lockett violated the public's First Amendment rights": Graham Lee Brewer has this article in today's edition of The Oklahoman.

The Guardian (UK) reports that "ACLU challenges Oklahoma over first amendment violation in execution; The Guardian and the Oklahoma Observer join ACLU in arguing the state acted unconstitutionally by drawing a screen during Clayton Lockett execution."

The Oklahoma Observer reports that "Lawsuit Seeks Uncensored Access To Executions."

And The Associated Press reports that "News media sue over Oklahoma execution procedures."

Yesterday, the ACLU issued this news release and posted online the complaint initiating suit.
Posted at 08:25 AM by Howard Bashman



Monday, August 25, 2014

"Federal appeals court questions Kansas' proof-of-citizenship rules": The Wichita Eagle has this news update.

And The Associated Press reports that "Appeals court questions proof-of-citizenship rules."
Posted at 10:45 PM by Howard Bashman



"First Day of Classes Without Dan Markel": WCTV in Tallahassee has this report today.
Posted at 10:32 PM by Howard Bashman


"The lawyer who challenged the Harper government and won": Sean Fine had this article in Saturday's edition of The Toronto Globe and Mail.
Posted at 10:28 PM by Howard Bashman


"Health-care fears loom large in gay marriage cases": The Associated Press has this report.
Posted at 10:25 PM by Howard Bashman


Saturday, August 23, 2014

Programming note: New posts will appear here either on Monday night or Tuesday morning. In the interim, appellate-related retweets may appear at the "How Appealing" Twitter feed.
Posted at 07:32 AM by Howard Bashman


Friday, August 22, 2014

"Administration Proposes New Health Rules Addressing Religious Objections": In Saturday's edition of The New York Times, Michael D. Shear will have an article that begins, "The Obama administration on Friday proposed new regulations intended to address the religious objections that some nonprofit organizations and private companies have to providing contraceptive coverage for their employees."

And The Los Angeles Times reports that "White House revises birth control rule to accommodate religious groups."
Posted at 11:34 PM by Howard Bashman



How to comment on the proposed amendments to the Federal Rules of Appellate Procedure: If you wish to offer an on-the-record comment in response to the pending proposed amendments to the Federal Rules of Appellate Procedure -- which include a proposal to reduce the maximum word count of a principal appellate brief from 14,000 words to 12,500 words -- you can submit your comment to the advisory committee via this link.

As of this moment, the only comment received appears to be from Senior Second Circuit Judge Jon O. Newman.

Thus far, in response to my original post on this subject, I have received only off-the record responses. Those responses can be summarized as follows: (1) this change should be welcomed by the most experienced and talented appellate practitioners, because a shorter maximum word count will benefit them the most; and (2) judges are of the view that in far too many cases the appellate briefs being submitted are far too long, and this rule is meant to remedy that problem somewhat.
Posted at 10:18 PM by Howard Bashman



"BlackBerry Ltd did not infringe on Mformation Technologies patents, appeals court rules": Financial Post has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 10:03 PM by Howard Bashman


"U.S. court revives suit over Sturm coffee pod 'knockoffs'": Reuters has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 10:00 PM by Howard Bashman


"As semester begins, Markel's colleagues seek closure": Doug Blackburn has this article today in The Tallahassee Democrat.
Posted at 09:42 AM by Howard Bashman


"Reading the Court's signals on same-sex marriage": Lyle Denniston has this post at "SCOTUSblog."
Posted at 07:55 AM by Howard Bashman


"Justice Ginsburg Laments 'Real Racial Problem' in U.S.; Discusses major rulings, law schools in sweeping Q&A": Marcia Coyle has this article online today at The National Law Journal.
Posted at 07:54 AM by Howard Bashman


Thursday, August 21, 2014

"Lessons from Tennessee Supreme Court retention election": Law professor Brian T. Fitzpatrick has this op-ed today in The Tennessean.
Posted at 11:00 PM by Howard Bashman


"GOP's Supreme Court candidate defies ban on campaigning at State Fair booth": The Associated Press has this report from Minnesota.
Posted at 10:52 PM by Howard Bashman


"Obamacare challengers to D.C. Circuit: Let Supreme Court decide where subsidies should flow." Tom Howell Jr. of The Washington Times has this report.
Posted at 10:50 PM by Howard Bashman


"Bashman Post on Word Limit Reduction Proposal": David R. Cleveland has this post today at the "Appellate Advocacy Blog."

My post from last night on the new proposed amendment to reduce the maximum word count for federal appellate briefs by more than 10 percent can be accessed here.
Posted at 10:44 PM by Howard Bashman



"As Gensler sees it, the auteur approach to filmmaking is legally impermissible in the architectural business." Circuit Judge Frank H. Easterbrook issued this very interested opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 10:36 PM by Howard Bashman


"The Twilight of Antonin Scalia: The conservative hero's fiery 2012 dissent on same-sex marriage could be his most influential opinion -- but not in the way he intended." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 08:23 PM by Howard Bashman


"Court unsealing 2 dozen documents in Doe probe of campaign": Patrick Marley and Dana Ferguson of The Milwaukee Journal Sentinel have this news update.

And The Associated Press reports that "Court to unseal some files in probe of Gov. Walker."
Posted at 08:07 PM by Howard Bashman



"California AG Kamala Harris to appeal ruling against death penalty": Maura Dolan of The Los Angeles Times has this news update.

The Sacramento Bee has a news update headlined "Kamala Harris will appeal death penalty ruling."

And The Associated Press reports that "California to appeal ruling tossing death penalty."
Posted at 08:03 PM by Howard Bashman



"Superior Court upholds Joan Orie Melvin conviction": Paula Reed Ward of The Pittsburgh Post-Gazette has this news update.

Adam Brandolph of The Pittsburgh Tribune-Review has a news update headlined "State Superior Court upholds conviction, sentence of former Justice Melvin."

And The Associated Press reports that "Ex-judge must say she's sorry, just not in cuffs."

You can access today's ruling of the Superior Court of Pennsylvania at this link.
Posted at 04:28 PM by Howard Bashman



"Supreme Court case to shape Ferguson investigation": The Associated Press has this report.
Posted at 04:05 PM by Howard Bashman


Not 'it': Ninth Circuit holds that 'tag' jurisdiction doesn't apply to a corporate defendant. Fans of civil procedure and personal jurisdiction issues are likely to enjoy reading a decision that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:37 PM by Howard Bashman


"Chief Judge Kozinski's 'Serious Doubts' About Judge Bates's FISA Reform Letters": Steve Vladeck has this post today at the "Just Security" blog. You can view the letter from the Ninth Circuit's chief judge at this link.
Posted at 09:33 AM by Howard Bashman


Wednesday, August 20, 2014

"U.S. effort to protect bald eagle suffers legal setback": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued today.
Posted at 11:28 PM by Howard Bashman


Microsoft Word doesn't like "caselaw," but Bryan Garner does: Spell-check can be a wonderful thing, but should attorneys give-in to that program's belief that "caselaw" isn't a word? In some recent appellate briefs, I have been using the two-word version to avoid the red underlining that Microsoft Word confers on my preferred single-word approach.

Tonight I decided to consult the views of legal writing guru Bryan A. Garner on this question via Google search. The answer from Garner seems to be that "caselaw" is just fine.
Posted at 10:40 PM by Howard Bashman



Proposal to shorten the maximum length of principal briefs filed in the U.S. Courts of Appeals from 14,000 words to 12,500 words: You can read the proposed amendment and accompanying commentary at this link. Apparently the current 14,000-word limit was based on a mistake concerning how many words fit onto a page. This proposed amendment likely will provoke an outcry from those who believe the current 14,000-word limit is too small -- which undoubtedly it is in some cases.

The notice soliciting comments states that "All Written Comments are Due by February 17, 2015." (Via "BeSpacific.")

Readers who favor or disfavor this amendment are invited to send comments for publication here at "How Appealing." Please identify whether I may publish your name with your comment. I am in the process of formulating my views on the matter.

Update: Mathematically, the proposed new 12,500-word limit on principal briefs represents 89.3 percent of the current 14,000-word limit. Thus, if you currently reach the word count maximum at around 66 pages (which I typically do when using either 14-point Century Schoolbook or Book Antiqua font), then under the new rule you would reach the maximum word count at around 60 pages. That could be the difference between being able to include an additional argument or being able to adequately develop all existing arguments in a brief consisting of more than just a few arguments.

On the other hand, there certainly are those lawyers, and even some law firms, who can't stop writing until the word count is reached, whether or not the case justifies such extended treatment. In at least those instances, the new word count will certainly be appreciated by those of us on the other side of the case.

It would be interesting to hear from appellate judges whether the current word count is too long and whether shortening the word count by approximately 11 percent would make an appreciable difference to their workloads and ability to give important cases the attention they deserve. My guess is that judges have their own mechanism for coping with verbose briefs that typically consists of paying less attention and that this small reduction in maximum brief size won't make any difference in that regard.
Posted at 10:09 PM by Howard Bashman



"When Do Doctors Have the Right to Speak?" The New York Times today has posted online these Room for Debate essays.
Posted at 09:32 PM by Howard Bashman


"SeaWorld drops appeal in safety ruling over dead orca trainer": Reuters has this report.
Posted at 09:15 PM by Howard Bashman


"By Any Means Necessary": Linda Greenhouse has this essay online at The New York Times.
Posted at 09:12 PM by Howard Bashman


Pa. Supreme Court grants review to decide two important but unresolved questions pertaining to medical malpractice litigation: Question one involves the scope of a hospital's liability under the ostensible agency doctrine, while question two involves whether a nurse may deliver expert testimony on behalf of the plaintiff against a defendant nurse in a case in which physicians remain as co-defendants.

You can access at this link the Petition for Allowance of Appeal that I filed in early March 2014 on behalf of the plaintiff in this case requesting Pa. Supreme Court review. And today's order of Pennsylvania's highest court granting review on both questions presented can be accessed here.
Posted at 09:02 PM by Howard Bashman



"Supreme Court puts hold on same-sex marriages in Virginia": The Richmond Times-Dispatch has this news update.

Robert Barnes of The Washington Post has a news update headlined "Virginia same-sex marriage ruling is placed on hold."

And Timothy M. Phelps of The Los Angeles Times has a news update headlined "Supreme Court blocks gay marriages from starting in Virginia."

You can access today's order of the U.S. Supreme Court at this link.
Posted at 08:26 PM by Howard Bashman



"A New Type of Amicus Brief: No Clients, No Side Taken": Tom Goldstein is the focus of Tony Mauro's new Supreme Court Brief. You can freely access the full text of the article via Google News.

Update: The amicus brief is available online at this link.
Posted at 05:54 PM by Howard Bashman



"Arrested US judge embarrassed, entering treatment": The Associated Press has this report.
Posted at 03:00 PM by Howard Bashman


After nearly 20 years of litigation, Ninth Circuit rejects Hare Krishna's First Amendment challenge to the Los Angeles International Airport's regulation banning the continuous or repetitive solicitation of funds: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:42 PM by Howard Bashman


"The Crooked and the Dead: Does the Constitution protect corruption?" Jill Lepore has this article in the August 25, 2014 issue of The New Yorker.
Posted at 01:20 PM by Howard Bashman


"Ginsburg and Alito to Speak at New-York Historical Society": This post appeared yesterday at the "ArtsBeat" blog of The New York Times.
Posted at 11:23 AM by Howard Bashman


"The much-discussed Ryan v. Hurles returns, expanded": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 08:50 AM by Howard Bashman


Tuesday, August 19, 2014

"State Supreme Court declares fine against casino employee unconstitutional": Adam Brandolph of The Pittsburgh Tribune-Review has a news update that begins, "The Pennsylvania Supreme Court on Tuesday called a $75,000 fine that an Allegheny County judge dealt to a former Rivers Casino poker dealer 'unconstitutionally excessive,' considering he stole $200 in poker chips, and sent the case back for an 'appropriate fine.'"

You can access today's unanimous ruling of the Supreme Court of Pennsylvania at this link.
Posted at 11:15 PM by Howard Bashman



"Louisiana Supreme Court settles Justice Department inquiry into attorney admissions": The Times-Picayune of New Orleans has this report.
Posted at 11:11 PM by Howard Bashman


"McCrory appoints Mark Martin chief justice of NC Supreme Court": The News & Observer of Raleigh, North Carolina has this report.
Posted at 11:08 PM by Howard Bashman


"Utah poll: Most oppose gay marriage, think Supreme Court will legalize it; Most Utahns oppose it but believe Supreme Court will reject the state's arguments." Matt Canham of The Salt Lake Tribune has this report.
Posted at 11:07 PM by Howard Bashman


"Federal appeals court adds Wisconsin voter ID hearing": Patrick Marley of The Milwaukee Journal Sentinel has this news update.
Posted at 10:52 PM by Howard Bashman


"U.S. court sides with Philly cops fighting ban on political contributions": NewsWorks has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.
Posted at 01:55 PM by Howard Bashman


"Utah asks for more time to file in same-sex marriage benefits case": Jessica Miller has this article today in The Salt Lake Tribune.

And in today's edition of The Deseret News, Emiley Morgan has an article headlined "State asks for more time to file appeal in gay marriage recognition case."
Posted at 01:50 PM by Howard Bashman



"The Politics of Judging and the Judging of Politics": Certain content available online from law.com now appears to be freely accessible via Google News. Last Tuesday, The Legal Intelligencer published this new installment of my monthly "Upon Further Review" column. You can freely access the essay via Google News.
Posted at 01:42 PM by Howard Bashman


"Breyer's Two Decades as the 'Cold-Fish' Justice": Kenneth Jost has this post at his blog, "Jost On Justice."
Posted at 11:11 AM by Howard Bashman


"To Kill or Not to Kill All the Lawyers? That Is the Question; Attorneys Object to Interpretation of Shakespeare's Line; 'Not a Slur.'" Jacob Gershman of The Wall Street Journal has this report.
Posted at 11:09 AM by Howard Bashman


"A plea to leave fate of health care subsidies to the Court": Lyle Denniston had this post yesterday at "SCOTUSblog."

"Josh Blackman's Blog" has a post titled "Opposition to En Banc Review in Halbig."

On Sunday at the "Balkinization" blog, Rob Weiner had a guest post titled "Politics By Other Means."

And yesterday at "The Volokh Conspiracy," Jonathan H. Adler had a post titled "Law by other means -- a response to Rob Weiner on Halbig."
Posted at 08:22 AM by Howard Bashman



Become the 3,000th follower of "How Appealing" on Twitter: Or don't. In the whole grand scheme of things, it probably doesn't make much difference either way.
Posted at 08:16 AM by Howard Bashman


Ninth Circuit rules that Barnes & Noble's "browsewrap" arbitration agreement isn't worth the pixels it's written on: The Recorder reports that "Ninth Circuit Spurns Web 'Browsewrap' Agreement." You can freely access the full text of this article via Google News.

Courthouse News Service reports that "Barnes & Noble Loses Bid for Arbitration on Appeal."

Central Valley Business Times reports that "Terms of use buttons are not enough, says court."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Barnes & Noble 'Browsewrap' Terms of Use Bites the Dust."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:14 AM by Howard Bashman



"Arizona Loose With Its Rules in Executions, Records Show": Fernanda Santos and John Schwartz had this article in yesterday's edition of The New York Times.
Posted at 08:04 AM by Howard Bashman


"One month later, Markel investigation continues": Sean Rossman has this article in today's edition of The Tallahassee Democrat.
Posted at 08:02 AM by Howard Bashman


Monday, August 18, 2014

"Supreme Court: Was gay marriage settled in 1972 case?" Robert Barnes has this article in today's edition of The Washington Post.
Posted at 10:25 AM by Howard Bashman


Sunday, August 17, 2014

"Black groups tell Supreme Court Ala. districts biased": Mary Troyan has this article in The Montgomery Advertiser.
Posted at 01:20 PM by Howard Bashman


"Where's the Justice at Justice?" Columnist Maureen Down has this op-ed in the Sunday Review section of today's edition of The New York Times.
Posted at 01:16 PM by Howard Bashman


"GOP moves to restrict court challenges of N.C. laws": The Charlotte Observer has an article that begins, "After passing laws imposing new conditions on abortions and elections, taking away teacher tenure and providing vouchers for private school tuition, Republican state legislators have seen those policies stymied in state and federal courtrooms."
Posted at 01:14 PM by Howard Bashman


"SCOTUS ruling might handcuff school safety": Today's edition of The Cincinnati Enquirer contains a front page article that begins, "It's been a longtime, informal practice in many schools: Principals -- on occasion and when warranted -- confiscate and search cellphones if students are suspected of wrongdoing."
Posted at 01:12 PM by Howard Bashman


Saturday, August 16, 2014

"Nevada Supreme justices suffer 'personal toll'": The Reno Gazette-Journal has an article that begins, "Nevada Supreme Court Justice James Hardesty is the main spokesman for Question One on the November general-election ballot. If passed by voters, it would establish an appeals court in Nevada. It would ease the overwhelming pressure on the state Supreme Court, which now is the only appeals court in the state."
Posted at 01:25 PM by Howard Bashman


"Supreme Court ace challenges America's highest minimum wage": Claire Zillman of Fortune has this report.
Posted at 01:12 PM by Howard Bashman


"Alabama Supreme Court rules brand name drug makers liable for harm caused by generic versions": AL.com has this report.

The Associated Press has a report headlined "Alabama high court upholds generic drug decision" that begins, "Brand-name drug makers can be held liable for warnings on a generic medication even if it was produced by another company, the Alabama Supreme Court ruled Friday, standing by an earlier decision that business leaders viewed as a defeat."

And WSJ.com's "Pharmalot" blog has a post titled "Pfizer is Liable for Harm Caused by a Generic Version of its Drug: Court."

You can access yesterday's 6-to-3 ruling of the Supreme Court of Alabama on rehearing at this link.
Posted at 01:08 PM by Howard Bashman



"Arrested federal judge keeps getting $199K salary": The Associated Press has a report that begins, "An Alabama federal judge stripped of his caseload following his arrest on domestic violence charges in Atlanta will continue receiving his annual salary of nearly $200,000."
Posted at 01:00 PM by Howard Bashman


"National news media picture West Ottawa High School teacher on Supreme Court cell phone ruling": The Grand Rapids Press has this report.
Posted at 12:55 PM by Howard Bashman


"Suspect's silence allowed as evidence at trial, court rules": Bob Egelko of The San Francisco Chronicle has this report.

Howard Mintz of The San Jose Mercury News reports that "Redwood City man's conviction in fatal crash to remain in doubt."

The San Mateo Daily Journal reports that "Supreme Court restores fatal crash conviction: Redwood City man's post-incident silence, and Fifth Amendment rights, at issue."

Metropolitan News-Enterprise reports that "S.C. Orders New Look at Conviction in Traffic Fatality of Child; Divided Court Says Evidence of Defendant's Lack of Concern for Victims May Have Been Admissible."

And The Associated Press has a report headlined "Court: Silence can be used against suspects."

You can access Thursday's 4-to-3 ruling of the Supreme Court of California at this link.
Posted at 12:16 PM by Howard Bashman



"Justice tells women: 'Rooting out unconscious bias is much harder.'" Today's edition of The Santa Fe New Mexican contains a front page article that begins, "U.S. Supreme Court Justice Ruth Bader Ginsburg told a Santa Fe audience Friday that discrimination against women is more subtle than it used to be and can be more difficult to combat than the overt discrimination she encountered when she began her legal career more than 50 years ago."

And today's edition of The Albuquerque Journal contains an article headlined "Justice Ginsburg: Women must keep up the fight for equality."
Posted at 09:21 AM by Howard Bashman



"First Justice Department Memo on Killing Anwar Al-Awlaki": Charlie Savage has this newsbrief in today's edition of The New York Times.

You can view the heavily redacted memo at this link.
Posted at 09:17 AM by Howard Bashman



Friday, August 15, 2014

"Porsche prevails at U.S. appeals court over VW squeeze": 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 11:24 PM by Howard Bashman


"An Empirical Study of Political Bias in Legal Scholarship": Law professors Adam S. Chilton and Eric A. Posner have posted this paper online at SSRN.
Posted at 11:17 PM by Howard Bashman


"U.S. court revives challenge to New York City circumcision law": 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 11:09 PM by Howard Bashman


Effective today, R. Guy Cole is the Chief Judge of the U.S. Court of Appeals for the Sixth Circuit: Opinions issued today (see here and here) confirm the change, as do that court's own listing of judges and Wikipedia.

At present, the Federal Judicial Center's biographical database still lists Alice M. Batchelder as the Sixth Circuit's chief judge. According to her Wikipedia entry, former Chief Judge Batchelder turned 70 today, and thus became statutorily ineligible to continue serving as that circuit's chief judge.
Posted at 10:58 PM by Howard Bashman



Thursday, August 14, 2014

"A Victory for Confidentiality in Prisoner Legal Correspondence With Lawyers: University of St. Thomas Appellate Clinic." Greg Sisk has this post at the "Mirror of Justice" blog.

My earlier coverage of Monday's Ninth Circuit ruling appears at this link.
Posted at 10:46 PM by Howard Bashman



"Official asks U.S. chief justice to block Virginia gay marriages": Lawrence Hurley of Reuters has this report. You can view the stay request at this link.
Posted at 10:38 PM by Howard Bashman


"'Whitey' Bulger appeals, calling conviction unfair": The Boston Globe has this news update.

The Boston Herald has a news update headlined "Bulger appeal claims mobster deprived of immunity defense."

And The Associated Press reports that "Whitey Bulger's attorneys appeal his conviction."
Posted at 10:35 PM by Howard Bashman



"EMS Response Time Reviewed After Dan Markel 911 Call": ABC affiliate WTXL-TV of Tallahassee, Florida has this report today.
Posted at 03:58 PM by Howard Bashman


"We also hold that the blanket, categorical denial of medically indicated surgery solely on the basis of an administrative policy that 'one eye is good enough for prison inmates' is the paradigm of deliberate indifference." So holds the majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in a ruling issued today.
Posted at 01:25 PM by Howard Bashman


Seventh Circuit opinion issued today contains a "spoiler alert" for the resolution of the final movie in the Batman trilogy, "The Dark Knight Rises": You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.

Update: In other coverage, at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Warner Bros. Wins Appeal Over Fictional Technology in 'Dark Knight Rises'; Catwoman's favorite piece of software won't confuse those who wish to purchase a 'clean slate.'"
Posted at 01:20 PM by Howard Bashman



"Girl trouble: Gender and the Justices." Steven Mazie had this post last week at the "Democracy in America" blog of The Economist magazine.
Posted at 12:11 PM by Howard Bashman


"Constitution Check: Will there be more Obama appointees on the Supreme Court?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.

Sahil Kapur of TPM DC has a report headlined "The Enormous, Unbelievable Stakes For The Supreme Court In 2016."

And at "The Fix" blog of The Washington Post, Philip Bump has an essay titled "If Obama thinks Justice Ginsburg will retire soon to help Democrats, he's probably wrong."
Posted at 12:06 PM by Howard Bashman



Wednesday, August 13, 2014

"Supreme Court Advocate Sees Urgency in Marriage Fight": Marcia Coyle of The National Law Journal has a Supreme Court Brief that begins, "The gay couples who successfully challenged Utah's ban on same-sex marriages have tapped Hogan Lovell's Neal Katyal to make their arguments in the U.S. Supreme Court, now that the state has asked the justices to hear its appeal."
Posted at 11:00 PM by Howard Bashman


"Judge Mark Fuller's cases reassigned after arrest": Brian Lyman of The Montgomery Advertiser has a news update that begins, "The 11th Circuit Court of Appeals has reassigned cases pending before U.S. District Judge Mark Fuller, following the judge's arrest in Georgia Sunday on charges of misdemeanor battery."

The Associated Press has a report headlined "No new cases for arrested Alabama federal judge." According to The AP's report, "Kelli Fuller told police that her husband became violent after she accused him of having an affair with a law clerk in his Montgomery office. She said he pulled her hair, threw her to the ground and dragged her, kicked her and struck her several times in the face." The article then provides Judge Fuller's version of events.

Earlier, The Atlanta Journal-Constitution reported that "Domestic violence arrest unlikely to remove federal judge from bench."

And yesterday, the U.S. Court of Appeals for the Eleventh Circuit issued an "Announcement Regarding Status of District Judge Mark E. Fuller".
Posted at 08:32 PM by Howard Bashman



"Appeals court: Gay marriages in Va. can begin next week." The Richmond Times-Dispatch has this news update.

The Associated Press reports that "Delay denied in ruling on Va. gay marriage ban."

And at "SCOTUSblog," Lyle Denniston has a post titled "No delay on Virginia same-sex marriage ruling."

You can view today's order of a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 01:28 PM by Howard Bashman



"Texas newly defends college admissions plan": Lyle Denniston has this post at "SCOTUSblog."
Posted at 12:20 PM by Howard Bashman


Tuesday, August 12, 2014

"Online Gun Exchange Not Liable for Murder Victim's Death, Appeals Court Says": Ashby Jones has this post at WSJ.com's "Law Blog" reporting on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 09:28 PM by Howard Bashman


"Court upholds former congressional staffer's conviction": Lawrence Hurley of Reuters has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 06:22 PM by Howard Bashman


"San Jose v. MLB: City's case looks bleak in appeals court." Howard Mintz of The San Jose Mercury News has this update.

Dan Levine of Reuters reports that "U.S. appeals court questions San Jose bid for Oakland A's."

And at WSJ.com's "Law Blog," Brent Kendall has a post titled "In Appeals Court, a Home Run for Major League Baseball?"
Posted at 05:51 PM by Howard Bashman



"Florida governor's race will also shape the direction of state Supreme Court for years to come": The Associated Press has this report.
Posted at 02:20 PM by Howard Bashman


"Stanford law clinic argues case for separate cell phone search warrants": The Stanford Daily has this report today.
Posted at 01:45 PM by Howard Bashman


"String of same-sex marriage rulings broken": Lyle Denniston has this post at "SCOTUSblog."
Posted at 01:44 PM by Howard Bashman


"Did Obama drop Supreme Court hint? White House says no." CNN.com has this report.
Posted at 01:42 PM by Howard Bashman


"Supreme Court Justice Sonia Sotomayor to speak at TU": The Tulsa World has this report.
Posted at 01:40 PM by Howard Bashman


"Nevada Supreme Court justice picked for jury": The Las Vegas Review-Journal has this report.
Posted at 01:37 PM by Howard Bashman


"U.S. Supreme Court asks board to take 'appropriate action' in lawyer's appeal for Ballard; U.S. Supreme Court sends murderer's complaint to Disciplinary Board": Riley Yates has this front page article in today's edition of The Morning Call of Allentown, Pennsylvania.

And at "SCOTUSblog," Lyle Denniston has a post titled "Court hands off feud about murder appeal."
Posted at 01:34 PM by Howard Bashman



"Impeached Pa. Supreme Court justice dead": Adam Brandolph and Brad Bumsted of The Pittsburgh Tribune-Review have a news update that begins, "Rolf Larsen, the only Pennsylvania Supreme Court Justice removed from office by the Senate in 226 years, died Monday at the Charles Morris Nursing and Rehabilitation Center in Squirrel Hill, an employee at the center said."

And Marylynne Pitz and Paula Reed Ward of The Pittsburgh Post-Gazette have a news update headlined "Rolf Larsen, former state Supreme Court justice, dies."
Posted at 12:58 PM by Howard Bashman



Monday, August 11, 2014

"Military appeals court to hear Kansas HIV appeal": The Associated Press has this report.
Posted at 11:30 PM by Howard Bashman


"In Silicon Valley, Lucy Koh is the law": Today's edition of The San Francisco Chronicle contains an article that begins, "If there is one thing Lucy Koh will never live down, it's that time she asked a lawyer in her court if he was smoking crack."
Posted at 11:12 PM by Howard Bashman


"Court resurrects Arizona death-row inmate's suit": The Associated Press has a report that begins, "An appeals court has resurrected a lawsuit by an Arizona death-row inmate who alleged a prison officer violated his constitutional rights by reading a letter he wrote to his lawyer."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:20 PM by Howard Bashman



"The Fourth Feminist: Justice Breyer proves that you don't have to be a woman on the court to understand women's rights." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:36 PM by Howard Bashman


"Obama expects chance to fill Supreme Court vacancies": Josh Gerstein of Politico.com has a blog post that begins, "President Barack Obama told supporters Monday that he expects to have the chance to nominate new justices to the Supreme Court before he is set to leave office in 2017."
Posted at 09:00 PM by Howard Bashman


"Chief Justice: Lawyers should mend partisan divide." The Associated Press has a report that begins, "U.S. Supreme Court Chief Justice John Roberts, speaking at the American Bar Association's annual meeting Monday, said lawyers should play a key role in mitigating the 'sharp partisan divides' that have shaken public faith in government."

And at the ABA Journal's "Law News Now" blog, Terry Carter has a post titled "Magna Carta should inspire lawyers to rise above partisanship, solve problems, chief justice says." The post contains a video of Chief Justice Roberts's remarks.
Posted at 03:15 PM by Howard Bashman



"Judge accused of Atlanta hotel assault on wife granted bond": The Atlanta Journal-Constitution has a news update that begins, "A $5,000 signature bond has been set for a federal judge from Alabama and he was told Monday to return to Atlanta Aug. 22 for a hearing on a misdemeanor charge of assaulting his wife at an upscale downtown hotel."

And The Montgomery Advertiser has a news update headlined "Federal judge Mark Fuller released from Atlanta jail."
Posted at 02:20 PM by Howard Bashman



"Guideline 3 as applied to [attorney] Dwyer's accurate quotes from judicial opinions thus violates his First Amendment right to advertise his commercial services." So holds the U.S. Court of Appeals for the Third Circuit in an important First Amendment attorney advertising decision issued today.

The Third Circuit's opinion begins:

Attorney Andrew Dwyer, lauded by New Jersey judges in separate judicial opinions, published on his law firm's website those complimentary remarks. One of the judges objected to this, and ultimately the New Jersey Supreme Court adopted an attorney conduct guideline that bans advertising with quotations from judicial opinions unless the opinions appear in full. Is the guideline an unconstitutional infringement on speech as applied to the advertisements of Mr. Dwyer and his firm? We believe it is and thus reverse the contrary decision of the District Court.
Circuit Judge Thomas L. Ambro wrote the ruling on behalf of a unanimous three-judge panel.
Posted at 01:35 PM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: At this link.
Posted at 12:03 PM by Howard Bashman


"When Justices Disagree, Public May Not Care": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 12:00 PM by Howard Bashman


Sunday, August 10, 2014

"The New Racism: This is how the civil rights movement ends." Jason Zengerle will have this cover story in the August 25, 2014 issue of The New Republic.
Posted at 10:54 PM by Howard Bashman


"Emmert says NCAA will appeal O'Bannon ruling": The Associated Press has this report.
Posted at 10:18 PM by Howard Bashman


"Admitting-privileges laws have created high hurdle for abortion providers to clear": Sandhya Somashekhar will have this article in Monday's edition of The Washington Post.

And Monday's edition of The New York Times will contain a related editorial titled "A Judge Rules for Alabama Women on Abortion."
Posted at 10:16 PM by Howard Bashman



"90 years on, push for ERA ratification continues": David Crary of The Associated Press has this report.
Posted at 10:09 PM by Howard Bashman


"Partisan divide seen in federal judges' Obamacare votes; Appointees of Democrats, Republicans act predictably in health care law court challenges": Tom Howell Jr. of The Washington Times has this report.

And in related blog commentary, Friday at "The Volokh Conspiracy," Jonathan H. Adler had a post titled "Debunking Weiner's 'En Bunk.'"

And in response at "Balkinization," Rob Weiner later on Friday had a post titled "En Bunk Redux."
Posted at 10:04 PM by Howard Bashman



"Former Sea Dogs catcher battered but far from broken; A violent confrontation on the field of play in 2007 ended John Nathans' major-league dreams; Vindicated by the courts, he practices law now -- and feels right at home": This front page article appears in today's edition of The Portland (Me.) Press-Herald.
Posted at 09:54 PM by Howard Bashman


"Federal judge arrested in Atlanta; accused of assaulting wife": The Atlanta Journal-Constitution has this news update.

And The Associated Press reports that "Alabama federal judge Mark Fuller arrested in Atlanta."

The official Federal Judicial Center biography for U.S. District Judge Mark E. Fuller of the Middle District of Alabama can be accessed here, while the judge's Wikipedia entry is at this link.
Posted at 08:30 PM by Howard Bashman



"Patrick's legacy: a more diverse Supreme Judicial Court." Columnist Joan Vennochi has this op-ed in today's edition of The Boston Globe.
Posted at 09:18 AM by Howard Bashman


"Despite Failure, Campaign to Oust Tennessee Justices Keeps Conservatives Hopeful": Alan Blinder has this article today in The New York Times.

And today at his "Jost On Justice" blog, Kenneth Jost has a post titled "In Tennessee, Justices Win by Playing Game."
Posted at 09:14 AM by Howard Bashman



Saturday, August 9, 2014

"Self-described 'peacenik' challenged D.C. gun law and won": This article appears in today's edition of The Washington Post.
Posted at 04:32 PM by Howard Bashman


"From peyote to sex: Religious liberty fight recast." The Associated Press has a report that begins, "Not long ago, when religious liberty cases reached the courts, the people seeking protection for their beliefs were mostly from small faith groups and their lawyers were liberals."
Posted at 01:14 PM by Howard Bashman


"Nebraska same-sex marriage ban unwavering": The Associated Press has this report.
Posted at 01:08 PM by Howard Bashman


Friday, August 8, 2014

"Attorney General Pam Bondi: Let the U.S. Supreme Court decide gay marriage, not Florida courts; Wait for the U.S. Supreme Court to rule nationally on gay marriage, Attorney General Pam Bondi asks a Florida appeals court." The Miami Herald has this report.
Posted at 10:03 PM by Howard Bashman


"Ron Ramsey fails to topple Supreme Court justices": Brian Haas of The Tennessean has this news update.
Posted at 10:00 PM by Howard Bashman


"Five Years With Sonia Sotomayor On The Supreme Court": Fox News Latino has a report that begins, "Sonia Sotomayor became the first Hispanic Supreme Court justice on Aug. 8, 2009."
Posted at 09:57 PM by Howard Bashman


"Police Probe Dan Markel Link to 'Get' Extortion Rabbis; Few Knew of Slain Law Prof's Consulting Gig": The Jewish Daily Forward has this report today.
Posted at 03:56 PM by Howard Bashman


D.C. Circuit reinstates lawsuit brought by South Dakota state prisoner who seeks to renounce his U.S. citizenship: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:26 PM by Howard Bashman


"Madoff trustee cannot void Merkin, Fairfield settlements -- 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 01:17 PM by Howard Bashman


"The 6th Circuit Looks Poised to Uphold Gay Marriage Bans -- for 'Democracy'": Mark Joseph Stern has this essay online at Slate.
Posted at 11:20 AM by Howard Bashman


"U.S. Judge Donald Alsop owes career to Richard Nixon; In one of his last acts, president nominated Donald Alsop to bench": Today's edition of The Minneapolis Star Tribune contains a front page article that begins, "Facing impeachment and a possible criminal indictment, Richard M. Nixon knew on Aug. 8, 1974, that the following day he would resign the presidency. But in those waning hours before his political power vanished, Nixon made three final court nominations. Among them was Donald Alsop, a New Ulm attorney who would be elevated to Minnesota's U.S. District Court."
Posted at 10:02 AM by Howard Bashman


"Unity rules on state's Supreme Court": Chief Justice Robert P. Young Jr. and Justice Bridget McCormack of the Supreme Court of Michigan have this op-ed in today's edition of The Detroit News.
Posted at 10:00 AM by Howard Bashman


"GOP Supreme Court candidate Michelle MacDonald ticketed again; MacDonald violated limits put on her license in connection with drunk-driving allegation": The Minneapolis Star Tribune has this report.
Posted at 09:56 AM by Howard Bashman


"After 20 years, Breyer is high court's raging pragmatist": Richard Wolf of USA Today has this report.
Posted at 09:50 AM by Howard Bashman


Thursday, August 7, 2014

"Tennesseans vote to retain Supreme Court justices": Brian Haas of The Tennessean has this news update.
Posted at 11:04 PM by Howard Bashman


"The Anti-Court Court": Law professor David Cole has this review of three recent U.S. Supreme Court-related books in the August 14, 2014 issue of The New York Review of Books.
Posted at 11:00 PM by Howard Bashman


"Some thoughts on the Sixth Circuit marriage cases": Dale Carpenter has this post at "The Volokh Conspiracy."
Posted at 10:25 PM by Howard Bashman


"Obamacare fight started at Greenville law firm": The Greenville (S.C.) News has an update that begins, "The latest legal fight over Obamacare is being waged near the doorstep of the U.S. Supreme Court -- and its genesis can be found in the office of a Greenville lawyer."
Posted at 09:58 PM by Howard Bashman


"Judges strike down Arizona's anti-Obamacare constitutional provision": Howard Fischer of The Arizona Capitol Times has this news update reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 09:55 PM by Howard Bashman


"Tennessee to Decide Fate of 3 Court Justices": The New York Times has this news update.

You can access the results of today's retention election via this link.
Posted at 09:27 PM by Howard Bashman



"Appeals court: 'Burwash' article was not defamatory; Former UTOPIA contractor loses appeal to federal circuit court." In today's edition of The Salt Lake Tribune, Robert Gehrke has an article that begins, "A federal appeals court has ruled that an article penned under a false name by then-West Valley Mayor Mike Winder about alleged threats of extortion and blackmail by an ousted consultant for a government-run Internet company was not defamatory."

And today's edition of The Deseret News reports that "Appeals court affirms news coverage of former UTOPIA employee not defamatory."

You can access Tuesday's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 03:46 PM by Howard Bashman



"Tough anti-abortion laws examined in federal court": The Associated Press has this report.
Posted at 03:34 PM by Howard Bashman


"En Bunk: A Response to Professor Adler on En Banc Review of the ACA." Rob Weiner has this guest post today at the "Balkinization" blog.
Posted at 01:33 PM by Howard Bashman


"Argentina asks world court consider debt case": The Associated Press has this report.

Update: In other coverage, Reuters reports that "Argentina seeks legal case against U.S. in The Hague."
Posted at 01:32 PM by Howard Bashman



"2 Sides in Gay Marriage Fight Agree: Justices Must Act." Adam Liptak of The New York Times has a news update that begins, "Lawyers for three couples challenging Utah's ban on same-sex marriage said Thursday that they would join with their opponents to urge the Supreme Court to hear their case, even though they recently won an appeals court ruling striking down the law."

Update: In other coverage, Dennis Romboy of The Deseret News has an update headlined "Plaintiffs in Utah gay marriage case will ask Supreme Court to hear state's appeal."

And The Associated Press reports that "Utah gay couples ask Supreme Court to hear appeal."
Posted at 01:27 PM by Howard Bashman



"Guantanamo-bound MRI machine redirected to Maryland": Carol Rosenberg of The Miami Herald has this report.
Posted at 11:20 AM by Howard Bashman


"Federal appeals court may be roadblock to gay marriage cases in four states": Robert Barnes has this article in today's edition of The Washington Post.

The Detroit News reports today that "Michigan watching as appeals court takes up gay marriage."

The Lexington Herald-Leader reports that "Appeals court hears Kentucky's plea to overturn judge who struck down same-sex marriage ban."

And MLive Detroit has reports headlined "Judge presses lawyer on why gay marriage rights pursued through courts, not votes" and "Judge grills Michigan lawyer on difference between banning gay marriage and interracial marriage."
Posted at 11:05 AM by Howard Bashman



"Dan Markel Killing Leaves Behind Puzzling Questions -- and Wrenching Grief; No Shortage of Theories in Murder of Florida Law Professor": The Jewish Daily Forward has this report today.
Posted at 09:22 AM by Howard Bashman


"Midwest Gay-Marriage Rulings May Turn on How Kids Fit In": Andrew Harris of Bloomberg News has this report.

The Detroit Free Press reports that "Appeals judges give few clues on how they'll rule on gay marriage case."

The Louisville Courier-Journal reports that "Gay marriage judges grill plaintiffs' arguments."

And The Cleveland Plain Dealer reports that "Federal appeals court judges appear split in same-sex marriage case."
Posted at 08:50 AM by Howard Bashman



Wednesday, August 6, 2014

"Appeals court upholds West Palm abortion-clinic quiet-zone law": The Palm Beach Post has this news update.

And News Service of Florida reports that "Court backs sound limits outside abortion clinics."

You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 10:55 PM by Howard Bashman



"Yes, Halbig should be taken en banc": Law professor Nicholas Bagley has this post today at the blog "The Incidental Economist."
Posted at 10:04 PM by Howard Bashman


"Aaron's Law Is Doomed Leaving US Hacking Law 'Broken'": Thomas Brewster has this post today at Forbes.com.
Posted at 10:02 PM by Howard Bashman


"One Court, Three Judges and Four States With Gay Marriage Cases": Erik Eckholm will have this article in Thursday's edition of The New York Times.
Posted at 10:00 PM by Howard Bashman


"A Right Like Any Other: New Judicial Approaches to Abortion Rights." Linda Greenhouse has this essay online at The New York Times.
Posted at 08:57 PM by Howard Bashman


"NYC asks court to drop appeals in stop-frisk cases": The Associated Press has this report.
Posted at 08:55 PM by Howard Bashman


"A comprehensive investigation of voter impersonation finds 31 credible incidents out of one billion ballots cast": Law professor Justin Levitt has this guest entry today at The Washington Post's "Wonkblog."
Posted at 08:45 PM by Howard Bashman


"Kountze cheerleaders take Scripture fight to Texas Supreme Court": The Beaumont Enterprise has this news update.
Posted at 08:42 PM by Howard Bashman


"KBR asks Supreme Court to determine whether soldiers can sue over war-zone events": The Oregonian has this report.

Paul D. Clement appears as counsel of record on the petition for writ of certiorari.
Posted at 08:40 PM by Howard Bashman



"Conservatives nationwide target Tennessee Supreme Court justices": The Los Angeles Times has this report.

And Brian Haas of The Tennessean reports that "Supreme Court justices fight back against replacement."
Posted at 08:34 PM by Howard Bashman



"Jay Z Can Thank Supreme Court for Setback in 'Big Pimpin' Lawsuit; A win for a 'Raging Bull' heiress also becomes a win for the Egyptian objecting to a sample in one of the hip hop star's biggest hits": Eriq Gardner has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 08:24 PM by Howard Bashman


"Gay marriage hearing ends: How will court rule?" The Cincinnati Enquirer has this news update.

And Lawrence Hurley of Reuters reports that "U.S. appeals court conflicted over gay marriages cases."

The audio from all four of today's same-sex marriage appeals argued at the U.S. Court of Appeals for the Sixth Circuit can now be accessed via this link.
Posted at 06:20 PM by Howard Bashman



"Del. Supreme Court's Strine adds flair to new judicial robe": Maureen Milford of The News Journal of Wilmington, Delaware has this report.
Posted at 06:17 PM by Howard Bashman


"Gay-Marriage Opponents Seek Redemption From Court Losses": Andrew Harris of Bloomberg News has this report.
Posted at 04:25 PM by Howard Bashman


"U.S. Supreme Court justices asked to review Oklahoma's same-sex marriage ban; Tulsa County court clerk files petition saying a federal appeals court has taken away the right of people to debate the issue of same-sex marriage": Chris Casteel of The Oklahoman has this news update.

The Associated Press reports that "Oklahoma gay marriage ban lands at Supreme Court."

And at "SCOTUSblog," Lyle Denniston has a post titled "Oklahoma clerk appeals on same-sex marriage."
Posted at 04:23 PM by Howard Bashman



"Loretta Rush named first female chief justice of Indiana Supreme Court": Tim Evans of The Indianapolis Star has this news update.
Posted at 04:00 PM by Howard Bashman


In today's mail: I received an advance copy of Paul M. Barrett's new book, "Law of the Jungle: The $19 Billion Legal Battle Over Oil in the Rain Forest and the Lawyer Who'd Stop at Nothing to Win." The book is scheduled to go on sale September 23, 2014.
Posted at 03:14 PM by Howard Bashman


"Court hearing gay marriage arguments from 4 states": The Associated Press has this updated report.

The U.S. Court of Appeals for the Sixth Circuit has posted the audio from the first hour of oral argument at this link.
Posted at 03:07 PM by Howard Bashman



"District Court Says Town of Greece Decision Does Not Cover Invocations Offered Directly By County Board Members": Howard Friedman has this post today at his "Religion Clause" blog.
Posted at 01:14 PM by Howard Bashman


"Court hearing gay marriage arguments from 4 states": The Associated Press has a report that begins, "A federal appeals court was set to hear arguments Wednesday in six gay marriage fights from four states -- Kentucky, Michigan, Ohio and Tennessee -- in the biggest such session on the issue so far."

The Detroit Free Press has articles headlined "Gay marriage showdown in Cincinnati: 4 states, 6 cases, 3 judges" and "Michigan's landmark gay marriage decision lands in hands of 3 judges."

The Louisville Courier-Journal reports that "Gay marriage case pits 2 star lawyers."

And Warren Richey of The Christian Science Monitor reports that "Federal appeals court taking up six gay marriage cases today."
Posted at 01:12 PM by Howard Bashman



"Judges' dissents on gay marriage give opponents hope": Richard Wolf of USA Today has this report.

David G. Savage of The Los Angeles Times reports that "Utah, Virginia want Supreme Court to settle same-sex marriage issue."

And at the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Constitution Check: When and how will the Supreme Court act on same-sex marriage?"
Posted at 01:07 PM by Howard Bashman



"Missouri Inmate's Execution to Proceed After Supreme Court Denies Stay; Michael Worthington Made Last-Ditch Request to Find Out Details About Lethal-Injection Drug; Four Liberal Justices Dissent From Order": Jess Bravin of The Wall Street Journal had this report last night.

You can access yesterday's order of the U.S. Supreme Court denying a stay at this link.
Posted at 01:03 PM by Howard Bashman



Programming note: Thanks to an out-of-the-office meeting this morning, additional posts will appear here this afternoon.
Posted at 07:00 AM by Howard Bashman


Access online information from the U.S. Court of Appeals for the Sixth Circuit concerning today's oral arguments in five same-sex marriage cases: The court has posted this notice. The oral arguments are scheduled to begin at 1 p.m. eastern time. When the oral argument audio becomes available online, I will link to it.
Posted at 06:58 AM by Howard Bashman


Tuesday, August 5, 2014

"700 rally for gay marriage at Lytle Park": The Cincinnati Enquirer has a news update that begins, "Roughly 700 people descended on Lytle Park Downtown Tuesday night, in a prequel to demonstrations Wednesday as a federal appeals court hears arguments in a nearby courthouse over the constitutionality of bans on gay marriage in four states."
Posted at 11:10 PM by Howard Bashman


"Hobby Lobby Ruling May Have Poked A Hole in The 'Corporate Veil'": This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:50 PM by Howard Bashman


"Drug company won't appeal gay rights ruling to top U.S. court": Dan Levine of Reuters has this report.
Posted at 10:42 PM by Howard Bashman


"Nominees to Kansas Supreme Court question that court's timeliness in issuing rulings": Steve Fry has this front page article in today's edition of The Topeka Capital-Journal.
Posted at 08:57 PM by Howard Bashman


"Body found behind Supreme Court of Canada": The Ottawa Citizen has this news update.
Posted at 08:40 PM by Howard Bashman


"TN Supreme Court battle brings national money, scrutiny": Brian Haas of The Tennessean has this report.
Posted at 08:34 PM by Howard Bashman


"Obama's real legacy: the Supreme Court? There's nothing Obama would love more than to appoint another liberal justice." Paul Brandus has this essay online at The Week.
Posted at 08:32 PM by Howard Bashman


"4 reasons BP's Supreme Court settlement appeal faces an uphill battle": The Times-Picayune of New Orleans has this report. You can access BP's petition for writ of certiorari at this link.
Posted at 08:30 PM by Howard Bashman


"Arizona attorneys appeal abortion-rule injunction": The Associated Press has this report.
Posted at 06:09 PM by Howard Bashman


"In Sherlock case, 7th Circuit spurs war on copyright 'extortionists'": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 06:04 PM by Howard Bashman


"Maddox calls for audit of dispatch agency": The Tallahassee Democrat has a news update that begins, "Tallahassee City Commissioner Scott Maddox is calling for an audit of the Consolidated Dispatch Agency following a delayed response to the July 18 shooting death of FSU law professor Dan Markel."
Posted at 03:58 PM by Howard Bashman


"Conservatives Target Tennessee Justices in Expensive Race": Alan Blinder will have this article in Wednesday's edition of The New York Times.
Posted at 03:54 PM by Howard Bashman


"Utah files same-sex marriage appeal with U.S. Supreme Court": Marissa Lang of The Salt Lake Tribune has this news update.

Dennis Romboy of The Deseret News has an update headlined "Utah appeals to U.S. Supreme Court in gay marriage case."

Lawrence Hurley of Reuters reports that "Utah asks U.S. top court to hear gay marriage case."

Bloomberg News reports that "Utah Seeks U.S. Supreme Review to Revive Gay-Marriage Ban."

And The Associated Press reports that "First gay marriage appeal awaits US Supreme Court."
Posted at 03:47 PM by Howard Bashman



"Utah files cert. petition with the U.S. Supreme Court defending State marriage laws": The Utah Attorney General's Office issued this news release today. You can access the petition for writ of certiorari at this link.

And in somewhat related news coverage, The Associated Press reports that "Gay marriage arguments flooding federal courts."
Posted at 01:26 PM by Howard Bashman



"DC Circuit, Quoting Mick Jagger, Stops This Insanity in Campaign Finance Case": Rick Hasen has this post at his "Election Law Blog" about a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

Update: In early news coverage, Andrew Zajac of Bloomberg News reports that "Tea Party Group Loses Appeal on Corporate PAC Limits."

McClatchy Washington Bureau's "Suits & Sentences" blog has a post titled "Ladies and gentlemen: The Rolling Stones."

And at his "In the Loop" blog, Al Kamen of The Washington Post has an entry titled "Judge channels Jagger in Loop award for best lead ever in a court opinion -- appellate level."
Posted at 01:14 PM by Howard Bashman



The Eleventh Circuit adjusts to having two judges with the last name Carnes: As shown in rulings issued yesterday and today, the court's Chief Judge will be shown in the listing of judges as "Ed Carnes." It is worth noting that today's decision contains a lengthy and passionate dissent from Chief Judge Carnes.
Posted at 11:05 AM by Howard Bashman


"PBS Documentary Looks at One Juvenile's Life-Without-Parole Sentence": Mark Walsh has this post at the "Education and the Media" blog of Education Week.
Posted at 10:56 AM by Howard Bashman


"Listen: 911 call in law professor shooting released." The "Nancy Grace" program has posted the audio (with subtitles) at this link.
Posted at 10:54 AM by Howard Bashman


"No Need For a Halbig Rehearing: The D.C. Circuit's own rules and one of its judges point the way forward for the recent ObamaCare ruling." Adam J. White has this op-ed in today's edition of The Wall Street Journal.

You can freely access the full text of the op-ed via Google.
Posted at 10:40 AM by Howard Bashman



"Justices Unmoved So Far by 'Botched' Executions": Kenneth Jost has this post at his blog, "Jost On Justice."
Posted at 10:36 AM by Howard Bashman


Monday, August 4, 2014

"Supreme Court unmoved by religious employer's coverage objections -- for the Amish": Bob Egelko of The San Francisco Chronicle has this blog post today.
Posted at 10:04 PM by Howard Bashman


"In 'Sherlock Holmes' Rights Dispute, Conan Doyle Estate Slammed Again; 7th Circuit Judge Richard Posner compares Sherlock Holmes licensing to extortion": At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has this post about a ruling that Circuit Judge Richard A. Posner issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 10:02 PM by Howard Bashman


"Supreme Court Justice Ruth Bader Ginsburg discusses the 2013-14 term": Duke Law posted this video online today at YouTube.
Posted at 08:57 PM by Howard Bashman


In the August 2014 issue of ABA Journal magazine: Mark Walsh has an article headlined "Supreme Court justices regularly seek to change the errors of their ways."

And this month's installment of Bryan A. Garner's "On Words" column is headlined "How to avoid mucking up the most crucial part of discourse."
Posted at 08:54 PM by Howard Bashman



"Court overturns conviction of man accused of making African children perform forced labor": The Ann Arbor News has this report.

And The Associated Press reports that "Forced labor conviction tossed in Ypsilanti case."

You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 08:40 PM by Howard Bashman



"You Can Still Get an Abortion in Alabama: Will a new ruling that keeps open clinics there matter in the next battleground -- Texas?" Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 08:20 PM by Howard Bashman


"As Gays Prevail in Supreme Court, Women See Setbacks": Adam Liptak will have this article in Tuesday's edition of The New York Times.
Posted at 05:46 PM by Howard Bashman


"Attorney requests privacy for Markel's ex-wife": Sean Rossman of The Tallahassee Democrat has this news update.
Posted at 05:44 PM by Howard Bashman


"Gay marriage arguments ring a bell in Cincinnati": The Associated Press has this report.
Posted at 05:42 PM by Howard Bashman


"Gangster rap lyrics cannot be used as evidence in shooting case, N.J. Supreme Court rules": The Newark Star-Ledger has this news update.

And The Associated Press has a report headlined "Court: Lyrics shouldn't have been used as evidence."

You can access today's ruling of the Supreme Court of New Jersey at this link.
Posted at 05:40 PM by Howard Bashman



"Wilfred Feinberg, Federal Appeals Court Judge and Mentor, Dies at 94": The New York Times has posted this obituary online today.
Posted at 04:44 PM by Howard Bashman


"Justices silent over execution drug secrecy": Mark Sherman of The Associated Press has this report.
Posted at 07:28 AM by Howard Bashman


"Celebrated Trial Lawyer to Head Group Challenging Teacher Tenure": Today's edition of The New York Times contains an article that begins, "David Boies, the star trial lawyer who helped lead the legal charge that overturned California's same-sex marriage ban, is becoming chairman of the Partnership for Educational Justice, a group that former CNN anchor Campbell Brown founded in part to pursue lawsuits challenging teacher tenure."
Posted at 07:26 AM by Howard Bashman


"Fresh doubts over a Texas execution; New evidence revives concerns that a man was wrongly put to death in 2004": Maurice Possley of The Marshall Project has this article today in The Washington Post.
Posted at 07:24 AM by Howard Bashman


"Omar Khadr's Untold Story: Canada Should Let Media Interview Ex-Guantanamo Detainee." This editorial appears today in The New York Times.
Posted at 07:22 AM by Howard Bashman


"Florida judge takes on gerrymandering; sets stage for Supreme Court cases in fall": Robert Barnes has this article in today's edition of The Washington Post.
Posted at 07:20 AM by Howard Bashman






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