How Appealing

Tuesday, September 30, 2014

At midnight, this blog is moving to its new online home: Following nearly eight and a half wonderful years during which this blog was hosted at the Law.com web site, effective Wednesday, October 1, 2014 "How Appealing" will be hosted by Breaking Media in affiliation with its highly successful "Above the Law" blog. This blog's new address effective at midnight is http://howappealing.abovethelaw.com. Please adjust your bookmarks accordingly.

Also moving to the new address will be this blog's entire archives, stretching back to May 6, 2002, and this blog's "20 questions for the appellate judge" interview archives.

I wish all of my friends at ALM/Law.com all the best for the future, and I thank them for their kindness over the past many years. At the same time, I am very much looking forward to the future and this blog's new location and affiliation with "Above the Law."

My most sincere thanks of all, however, are reserved for this blog's readers, because without you this blog would not continue to exist. Thank you for reading, and I hope you will visit often at this blog's new address.
Posted at 03:45 PM by Howard Bashman



"After Decades of Action, Supreme Court Cools on School Cases": Mark Walsh of Education Week has this report (registration required for full access). A graphic accompanying the article is already freely accessible.
Posted at 03:16 PM by Howard Bashman


"Full D.C. Circuit Weighs Contractors' Political Contributions": Zoe Tillman has this post at "The BLT: The Blog of Legal Times."

You can freely access the full text of the post via Google.

Update: In other coverage, Josh Gerstein of Politico.com has a blog post titled "D.C. Circuit skeptical on contractor donation ban."

The U.S. Court of Appeals for the D.C. Circuit has posted the audio of today's en banc oral argument online at this link (40.7 MB mp3 audio file).
Posted at 01:46 PM by Howard Bashman



"A few thoughts on Heien v. North Carolina": Orin Kerr has this post at "The Volokh Conspiracy." Heien is scheduled to be the first and only case argued at the U.S. Supreme Court on the first Monday in October.
Posted at 01:36 PM by Howard Bashman


Your lying eyes: Today's edition of The Yale Daily News contains an article headlined "Video evidence not immune from bias."

Last Saturday at Vox, German Lopez had a post titled "Video footage was supposed to offer jurors objective evidence; Sometimes, it doesn't."

And last Tuesday, New York University posted a news release titled "Video Blinds Us to the Evidence, NYU, Yale Study Finds."
Posted at 01:30 PM by Howard Bashman



"Dow Chemical fails to overturn $1.06 billion price-fixing award": Jonathan Stempel of Reuters has this report.

My earlier coverage of yesterday's Tenth Circuit ruling appears at this link.
Posted at 01:20 PM by Howard Bashman



Ninth Circuit rejects Commerce Clause challenge to Alameda County, California's Safe Drug Disposal Ordinance: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Michael A. Carvin argued the appeal on behalf of the appellants, who were seeking to invalidate the ordinance.
Posted at 01:15 PM by Howard Bashman



"Divorce law out of sync with same-sex marriage": The Associated Press has this report.
Posted at 01:10 PM by Howard Bashman


"Colorado Supreme Court considers whether workers can be fired for marijuana use": John Ingold of The Denver Post has this news update providing access to video of this morning's Supreme Court of Colorado oral argument in this case.

And The Associated Press reports that "Colorado high court considers pot firing case."

Update: In other coverage, Reuters reports that "Colorado court hears appeal of worker fired for medical marijuana."
Posted at 01:05 PM by Howard Bashman



"Prosecutors float possibility of jail time for former Justice Melvin": Bobby Kerlik of The Pittsburgh Tribune-Review has this news update.
Posted at 12:07 PM by Howard Bashman


"Appeals court to state: Turn over IDs of executioners." Brian Haas has this article in today's edition of The Tennessean reporting on a ruling that the Court of Appeals of Tennessee issued yesterday.
Posted at 11:45 AM by Howard Bashman


"Ginsburg Faulted for Comment on Texas Abortion Law": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."

You can freely access the full text of the post via Google News.
Posted at 11:27 AM by Howard Bashman



"How Serious Is the Supreme Court About Religious Freedom? A new case will test whether the justices' defense of conscience in Hobby Lobby applies to minority religions like Muslims, or just to Christians." Law professor Dawinder S. Sidhu has this essay online today at The Atlantic.
Posted at 11:02 AM by Howard Bashman


"Supreme Court's next same-sex marriage move: Sooner or later?" Stephanie Condon of CBS News has this report today.
Posted at 10:58 AM by Howard Bashman


"An Obscure Senate Procedure May Have Just Reelected America's Most Anti-Union Governor": Ian Millhiser has this post at ThinkProgress (via "The Indiana Law Blog").
Posted at 09:56 AM by Howard Bashman


"Panelists Brief Press on New Supreme Court Cases": Georgetown Law has issued this news release. You can access the video of the two-hour event via this link.

Via C-SPAN, you can also access online SCOTUS Term previews that were hosted by Smithsonian Associates and the Woodrow Wilson International Center for Scholars.
Posted at 09:48 AM by Howard Bashman



"Karmeier pens 16-page order explaining why he won't recuse in Price v. Philip Morris": The Madison-St. Clair (Ill.) Record has this report.
Posted at 08:04 AM by Howard Bashman


"Constitution Check: Is there a right to vote before election day?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 07:52 AM by Howard Bashman


"Colorado high court considers pot firing case": The Associated Press has this report.
Posted at 07:42 AM by Howard Bashman


"Killing the 'Nuclear Option' Will Not Save the Senate; It Will Ruin Obama's Final Two Years": Brian Beutler has this essay online at The New Republic.
Posted at 07:38 AM by Howard Bashman


"SCOTUS could inject same-sex marriage into races": Josh Gerstein of Politico.com has an article that begins, "Same-sex marriage, which has barely generated a peep in most of this fall's political races, could soon make an unexpected appearance on the campaign trail if the Supreme Court announces that it will rule on whether the Constitution guarantees gay marriage rights."
Posted at 07:35 AM by Howard Bashman


Starting tomorrow: "How Appealing" will have a new online address.

Beginning on Wednesday, October 1, 2014, you will need to visit http://howappealing.abovethelaw.com to access new posts.

One final reminder will appear this evening in my final post at this blog's current location. While the move is underway this evening, any appellate-related updates will appear only in this blog's Twitter feed (@howappealing), which will also offer a link to this blog's new online address beginning tomorrow.
Posted at 07:30 AM by Howard Bashman



Monday, September 29, 2014

"A Supreme Failure: It's time for the Supreme Court to do a better job at upholding the Constitution." Law professor Erwin Chemerinsky has this essay online today at Politico Magazine.
Posted at 11:11 PM by Howard Bashman


"Colorado Supreme Court to hear case of man fired over medical marijuana": Colorado Public Radio today has a report that begins, "Tomorrow, Colorado's Supreme Court will consider whether employers should be able to fire workers for using medical marijuana."
Posted at 11:00 PM by Howard Bashman


"Circuit Upholds Rejection of EEOC's Gender Pay Lawsuit": Mark Hamblett of the New York Law Journal has an article that begins, "The Equal Employment Opportunity Commission has lost its appeal of a case alleging that the Port Authority of New York and New Jersey paid some of its female attorneys far less than their male counterparts."

You can freely access the full text of the article via Google.

Circuit Judge Debra Ann Livingston wrote today's ruling of the U.S. Court of Appeals for the Second Circuit on behalf of a unanimous three-judge panel. And Rosemary Alito argued the case on behalf of the Port Authority of New York and New Jersey.
Posted at 09:54 PM by Howard Bashman



"Easton settles Boobies costs for $385,000": Peter Hall of The Morning Call of Allentown, Pennsylvania has this news update.

And Kurt Bresswein of The Express-Times of Easton, Pennsylvania has a news update headlined "Easton Area School District to pay attorneys' fees in 'I (heart) Boobies!' case."
Posted at 09:32 PM by Howard Bashman



"For next attorney general, reach across aisle; Like at Defense, an attorney general and a president should come from different parties": Law professor Glenn Harlan Reynolds will have this op-ed in Tuesday's edition of USA Today.
Posted at 09:25 PM by Howard Bashman


"Some Judicial Opinions Require Only 140 Characters; Justice Don Willett of the Texas Supreme Court Lights Up Twitter": Jesse Wegman will have this Editorial Observer essay in Tuesday's edition of The New York Times.

You can access Texas Supreme Court Justice Don Willett's Twitter feed at this link.
Posted at 09:18 PM by Howard Bashman



"Pennsylvania's top judge wonders whether jurists involved in emailed porn": Karen Langley of The Pittsburgh Post-Gazette has a news update that begins, "The chief justice of the Pennsylvania Supreme Court has asked Attorney General Kathleen Kane to identify any judicial official who participated in an electronic exchange of pornography."

The Associated Press reports that "Pennsylvania chief jurist warns of impact on cases if judges exchanged pornography with state lawyers."

And at the "Philly Clout" blog, Chris Brennan of The Philadelphia Daily News has a post titled "Castille: Porn-viewing judges must 'pay the piper.'"
Posted at 09:10 PM by Howard Bashman



"Should Federal Judges Have to Turn over Their Medical Records?" Joe Palazzolo has this post today at WSJ.com's "Law Blog."
Posted at 08:35 PM by Howard Bashman


"Law School hosts annual Supreme Court Preview": The William & Mary Law School has published this news release.
Posted at 08:26 PM by Howard Bashman


"State Supreme Court to do away with unsigned opinions": The Charleston (W. Va.) Gazette has a news update that begins, "Calling them unnecessary, West Virginia Supreme Court justices will no longer deliver unsigned opinions."
Posted at 08:20 PM by Howard Bashman


"Ruth Bader Ginsburg on the Worst Supreme Court Ruling": Juliet Lapidos has this post today at the "Taking Note" blog of The New York Times.
Posted at 08:00 PM by Howard Bashman


"Matters of Privacy": In the Talk of the Town section of the October 6, 2014 issue of The New Yorker, Margaret Talbot has a Comment that begins, "In most of its details, the domestic-violence case of Mark Fuller was not all that unusual."
Posted at 07:54 PM by Howard Bashman


"The Supreme Court's Marriage Choice": Richard Socarides has this post online today at The New Yorker.

And online at Slate, law professors Susannah W. Pollvogt and Catherine E. Smith have an essay titled "The Smartest Constitutional Argument for Marriage Equality That No One Is Making."
Posted at 07:52 PM by Howard Bashman



"Supreme Court Blocks Order to Restore 7 Days of Voting in Ohio": 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 5-4 for Republican plan to limit early voting in Ohio."

Richard Wolf of USA Today reports that "A divided Supreme Court delays early voting in Ohio."

Jim Provance of The Toledo Blade has a news update headlined "U.S. Supreme Court blocks early voting in Ohio."

Greg Stohr of Bloomberg News reports that "Ohio's Voting 'Golden Week' Halted by U.S. Supreme Court."

Reuters reports that "U.S. Supreme Court votes 5-4 to delay start of early Ohio voting."

And Josh Gerstein of Politico.com has a blog post titled "Supreme Court lets Ohio limit early voting."
Posted at 07:42 PM by Howard Bashman



"Marvel settlement with Kirby leaves freelancers' rights in doubt": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 06:07 PM by Howard Bashman


"New documents show legal basis for NSA surveillance programs": Reuters has this report.
Posted at 05:40 PM by Howard Bashman


"Early voting in Ohio blocked": Lyle Denniston has this post at "SCOTUSblog."

The Columbus Dispatch has a news update headlined "U.S. Supreme Court blocks early voting in Ohio."

The Associated Press reports that "High court puts off start of early voting in Ohio."

And at his "Election Law Blog," Rick Hasen has a post titled "Supreme Court, 5-4, Blocks Extension of Early Voting in Ohio: Analysis."

You can view today's 5-to-4 order of the U.S. Supreme Court granting a stay at this link.
Posted at 04:52 PM by Howard Bashman



"Court-ordered anti-smoking ads challenged by firms": The Associated Press has this report.
Posted at 03:42 PM by Howard Bashman


"Stakes high for agencies as justices weigh key rulemaking tool": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:18 PM by Howard Bashman


"How Appealing" readers guess who will be the next Solicitor General of the United States if Donald B. Verrilli, Jr. becomes the next Attorney General: Thanks to all of the readers who took the time to email their best guesses. I have to admit that there aren't many surprises on this list, which may make it a good starting point for the Obama administration if the need for a new SG were to arise sometime soon.

Reader guesses, in no particular order, are:

Ian Gershengorn (currently the Principal Deputy Solicitor General);

Beth Brinkmann (currently the Deputy Assistant Attorney General);

law professor Pam Karlan (on leave from Stanford, currently the Deputy Assistant Attorney General for Civil Rights);

Deanne Maynard;

David Frederick;

Kathleen Sullivan;

Paul M. Smith;

Edwin Kneedler;

Neal Katyal (perhaps this time actually confirmed by the U.S. Senate); and

Lisa Blatt.

Thanks to those readers who took the time to offer their best guesses. We shall soon see whether this speculation becomes more relevant.
Posted at 03:14 PM by Howard Bashman


In the October 2014 issue of ABA Journal magazine: Mark Walsh has an article headlined "Inmate's right to wear a beard is among cases coming up this SCOTUS term."

And the new installment of Bryan A. Garner's "On Words" column is titled "10 tips for better legal writing."
Posted at 02:58 PM by Howard Bashman



"Gay marriage supporters, opponents alike eager for Supreme Court ruling": David G. Savage of The Los Angeles Times has this report.
Posted at 02:53 PM by Howard Bashman


"Dow Loses $1.2 Billion Price-Fixing Appeal": Barry Barnett has this post at "Blawgletter" about a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.

Paul D. Clement argued the case on behalf of the victorious appellees, while Carter G. Phillips argued the case for the appellant.
Posted at 02:50 PM by Howard Bashman



"Securities case dropped; split on legal issue remains": Lyle Denniston has this post at "SCOTUSblog." You can access today's order of the U.S. Supreme Court dismissing certiorari as improvidently granted at this link.

And Lawrence Hurley of Reuters reports that "U.S. top court, in reversal, dismisses IndyMac securities case."
Posted at 02:15 PM by Howard Bashman



"Scalia has a secrecy problem: Hiding and hypocrisy at the Supreme Court; The court plays a growing activist role in our politics and lives -- yet all nine justices hide in the shadows." Law professors Eric Segall and Lisa McElroy have this essay online today at Salon.com.
Posted at 12:20 PM by Howard Bashman


"Justice Ginsburg's Twisted Logic": Online at Bloomberg View, Jonathan Bernstein has an essay that begins, "What happens if conservative Supreme Court justices retire strategically (that is, their departure is timed so that like-minded replacements can be named and confirmed), and liberal justices don't? The answer is obvious, and depressing for liberals. And yet that appears to be the situation now, and there's not much anyone can do about it."
Posted at 12:17 PM by Howard Bashman


"Will early voting start Tuesday?" The Columbus (Ohio) Dispatch has this news update.
Posted at 12:14 PM by Howard Bashman


"The Halbig Subpoena": Michael F. Cannon has this post today at Forbes.com.
Posted at 12:11 PM by Howard Bashman


"Supreme Court Same-Sex Marriage Ruling Likely to Land in Term's Finale": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 12:07 PM by Howard Bashman


"Poll: Utahns evenly split as Supreme Court considers gay marriage; It's 49 percent yes vs. 48 percent no." Marissa Lang has this front page article in today's edition of The Salt Lake Tribune.
Posted at 12:03 PM by Howard Bashman


"UVA Law Professor Douglas Laycock to Argue for Inmate's Religious Beliefs in U.S. Supreme Court": The University of Virginia School of Law issued this news release today.
Posted at 12:00 PM by Howard Bashman


"US bid for secret Guantanamo force-feeding hearings prompts cover-up fears; The Guardian is among several news organisations planning to file a motion to challenge the administration's secrecy request": Spencer Ackerman of The Guardian (UK) has this report.
Posted at 11:34 AM by Howard Bashman


"The Voting Wars Heat Up: Will the Supreme Court allow states to restrict voting for partisan advantage?" Richard L. Hasen -- author of the "Election Law Blog" -- has this jurisprudence essay online at Slate.
Posted at 11:25 AM by Howard Bashman


When will we hear from the U.S. Supreme Court which cases have been granted review at the opening conference? Last year, the opening conference occurred on Monday, September 30, 2013, and the announcement of new cases granted review issued at 9:30 a.m. on Tuesday, October 1, 2013.

This year, the opening conference is occurring today. If last year is any indication, however, we may not learn of which cases the Court decided to grant review in today until 9:30 a.m. tomorrow.
Posted at 10:58 AM by Howard Bashman



"Supreme Court meets to consider taking gay marriage cases": Lawrence Hurley of Reuters has this report.
Posted at 10:50 AM by Howard Bashman


"More on the remarkable Justice Ruth Bader Ginsburg": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 08:36 AM by Howard Bashman


"High court may take Norfolk same-sex marriage case": This article appears in today's edition of The Virginian-Pilot.
Posted at 08:32 AM by Howard Bashman


"Court of Appeals selection is a tricky political consideration for Gov. Cuomo": Ken Lovett of The New York Daily News has this blog post today.
Posted at 08:30 AM by Howard Bashman


"Who's Getting the Work at the Supreme Court? An elite group of firms now argues a larger proportion of the court's shrinking caseload." Tony Mauro has this article online at The American Lawyer.

You can freely access the full text of the article via Google.
Posted at 08:22 AM by Howard Bashman



"Ohio asks U.S. Supreme Court to back 28 days of early voting": The Dayton Daily News has this report.
Posted at 08:17 AM by Howard Bashman


"Will the Supreme Court Take Up Mehanna?" Andy Wang has this post today at the "Lawfare" blog.
Posted at 08:15 AM by Howard Bashman


"Gay Marriage and 6 Other Big Issues on Supreme Court Agenda": Ariane de Vogue of ABC News has this report.
Posted at 08:14 AM by Howard Bashman


"How Appealing" will have a new online address beginning Oct. 1, 2014: As recently announced here and here, beginning on Wednesday this blog will have a new online address, http://howappealing.abovethelaw.com.

What this means is that today and tomorrow new posts will continue to appear at this blog's current address. But on Wednesday, new posts will appear only at this blog's new address.
Posted at 08:10 AM by Howard Bashman



Sunday, September 28, 2014

"Gay marriage case shows basic split in approach by Utah A.G. candidates; Reyes says all state laws must be defended; Stormont says elected official should use discretion": Robert Gehrke will have this article in Monday's edition of The Salt Lake Tribune.
Posted at 10:50 PM by Howard Bashman


"Court to Weigh Political-Contribution Ban for Government Contractors; Challengers Say Restriction Is Too Broad, Preventing Donations to Independent Political Committees": Brent Kendall will have this article in Monday's edition of The Wall Street Journal reporting on a case scheduled to be argued before the en banc U.S. Court of Appeals for the D.C. Circuit on Tuesday.

You can freely access the full text of the article via Google.
Posted at 10:48 PM by Howard Bashman



"Cut by the Supreme Court: When the justices denied these cases, justice was underserved." Brianne Gorod has this jurisprudence essay online at Slate.
Posted at 09:50 PM by Howard Bashman


"With The End In Sight, Holder Reflects On His Legacy": Carrie Johnson had this audio segment on today's broadcast of NPR's "Weekend Edition Sunday."
Posted at 09:38 PM by Howard Bashman


"'Supreme Court Preview: What Is in Store for October Term 2014?' was a luncheon event of the Federalist Society at the National Press Club." C-SPAN has posted online the video of this event, at which Adam Liptak of The New York Times served as moderator.
Posted at 09:21 PM by Howard Bashman


"Confirmation battles are back": Burgess Everett of Politico.com has this report.
Posted at 09:17 PM by Howard Bashman


"Supreme Ambitions: A Novel by David Lat." Marcia Oddi has this post mentioning "How Appealing" today at "The Indiana Law Blog."
Posted at 09:14 PM by Howard Bashman


"Ruth Bader Ginsburg Is an American Hero; She's staying put -- and has some choice words for young feminists; An interview": Law professor Jeffrey Rosen has this lengthy interview of Justice Ruth Bader Ginsburg online at The New Republic.
Posted at 07:58 PM by Howard Bashman


"Prop 122 would allow state to curb perceived federal overreach": Howard Fischer of The East Valley (Ariz.) Tribune has this report.
Posted at 07:54 PM by Howard Bashman


"Law school dean to the Supreme Court: This love affair is over." Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 07:45 PM by Howard Bashman


"Is the Supreme Court Ready to Settle the Gay Marriage Battle?" Miranda Leitsinger of NBC News has this report.

In today's edition of The Oklahoman, Chris Casteel has an article headlined "Same-sex marriage in Oklahoma: Really soon, next summer or never? U.S. Supreme Court justices are scheduled to meet Monday to discuss whether to review Oklahoma's same-sex marriage case or cases from other states."

And in today's edition of The Deseret News, columnist Drew Clark has an essay titled "Either view of marriage debate should support Utah's high court case."
Posted at 08:56 AM by Howard Bashman



"Wilton's Verrilli in running for nation's top prosecutor": This article appears in today's edition of The Connecticut Post of Bridgeport.

At 3 p.m. eastern time Monday, I will post readers' predictions for who will become the next Solicitor General of the United States if that happens.

Those wishing to offer their best guess(es) for publication at this blog can email me at appellateblog@hotmail.com. I will not publish the name or otherwise describe or identify anyone who chooses to respond. And for those who prefer that competitions have rules, the one rule of this competition is that you can't nominate yourself.
Posted at 08:50 AM by Howard Bashman



"You Want to Go Out With Your Colt. Will America Let You?" Joel Rosenblatt of Bloomberg News has an article that begins, "Millions more Americans will have the right to drive and walk around U.S. cities with hidden, loaded guns if freelance videographer Edward Peruta wins his fight to carry one on assignment."
Posted at 08:44 AM by Howard Bashman


"Fictitious case to snare judge was elaborate": Jeremy Roebuck and Mark Fazlollah have this front page article in today's edition of The Philadelphia Inquirer.
Posted at 08:40 AM by Howard Bashman


"Are any judges on sexy email list? Pa. Supreme Court chief justice wants to know." The Associated Press has a report that begins, "The chief justice of the Pennsylvania Supreme Court has asked for the names of any judges involved in the exchange of hundreds of emails containing pornography that the state attorney general's office said were sent or received by numerous state officials and employees."

And today's edition of The Philadelphia Inquirer contains an article headlined "Complex story behind Kane's release of pornographic e-mails."

My most recent earlier coverage appears at this link.
Posted at 08:30 AM by Howard Bashman



"Supreme Court candidate supports jury nullification": John S. Adams has this front page article in today's edition of The Great Falls (Mont.) Tribune, along with a front page article headlined "Rice boasts experience in re-election bid."
Posted at 08:25 AM by Howard Bashman


"AG to Appeal School Finance Ruling to Supreme Court": The Texas Tribune has this report.
Posted at 08:22 AM by Howard Bashman


"Supreme Court justices to discuss conviction of 'shock jock' Hal Turner": NJ.com has an article that begins, "The U.S. Supreme Court justices on Monday will discuss whether or not to consider overturning the conviction of a North Bergen 'shock jock' who allegedly threatened to kill three federal judges in 2009."
Posted at 08:20 AM by Howard Bashman


"L.A. wants court to revive law allowing motel guest registry searches": David G. Savage has this article in today's edition of The Los Angeles Times.
Posted at 08:10 AM by Howard Bashman


Saturday, September 27, 2014

"Abortion, judicial issues attracting campaign contributors": This article will appear in Sunday's edition of The Knoxville News Sentinel.
Posted at 11:30 PM by Howard Bashman


"The Supreme Court is a life sentence for Ruth Bader Ginsburg; After 21 years, she might like to retire, but that would probably let in a right-winger, so she feels she can't": Rupert Cornwell has this essay online at The Independent (UK).
Posted at 11:27 PM by Howard Bashman


"Judges on the Campaign Trail": Adam Liptak will have this news analysis in the Sunday Review section of tomorrow's edition of The New York Times.
Posted at 09:40 PM by Howard Bashman


"Court urged to let Ohioans vote early": Lyle Denniston has this post at "SCOTUSblog."
Posted at 09:28 PM by Howard Bashman


"Utah gay marriage case first in line at Supreme Court": Dennis Romboy will have this article in Sunday's edition of The Deseret News.
Posted at 09:12 PM by Howard Bashman


"Candidate's essay spurred 'intelligent design' debate": In today's edition of The Great Falls Tribune, John S. Adams has an article that begins, "Former Montana solicitor general and current Montana Supreme Court candidate Lawrence VanDyke in 2004 wrote a book review in the Harvard Law Review that caused a stir among legal scholars and intelligent design advocates."

The article also contains numerous mentions of law professor Brian Leiter, who was once prompted by a New York Times article to ask the burning question "Howard Bashman, Nonpartisan?"

Update: Finding the book review essay from the January 2004 issue of the Harvard Law Review online is not easy, although much if not all of the essay can be accessed via the Internet Archive's Wayback Machine.

In April 2004, The Harvard Law Record reported on the dust-up between VanDyke and Leiter in an article headlined "Law Review book note attacked."
Posted at 01:45 PM by Howard Bashman



"Passports and foreign affairs": Today at the "Congress Blog" of The Hill, Stephen Krueger has a post that begins, "Part of the appellate question, before the United States Supreme Court in Zivotofsky v. Kerry, is whether the notation, in a United States passport, of 'Israel' as the place of birth of a citizen who was born in Jerusalem, 'impermissibly infringes on the President's exercise of the recognition power reposing exclusively in him.'"
Posted at 01:23 PM by Howard Bashman


"Let states, not courts, decide marriage policy": Edwin Meese III and Ryan T. Anderson have this op-ed online at The Washington Post.
Posted at 01:20 PM by Howard Bashman


"Corbett, Castille press for names, details on porn e-mails": In today's edition of The Philadelphia Inquirer, Craig R. McCoy and Angela Couloumbis have a front page article that begins, "Gov. Corbett and the chief justice of the Pennsylvania Supreme Court have asked state Attorney General Kathleen G. Kane to turn over more names and details about the sexually explicit e-mails shared over state-owned computers by prominent commonwealth officials."

According to the article, "In an interview Friday, Chief Justice Ronald D. Castille, leader of the seven-member high court, said any judge exchanging 'grossly pornographic' e-mails might have violated ethical rules that forbid judges from using court equipment for all but minimal personal matters."

And in other coverage, Steve Esack has an article headlined "Corbett, Chief Justice want Kane to turn over sexually explicit emails uncovered in Jerry Sandusky review" in today's edition of The Morning Call of Allentown, Pennsylvania.
Posted at 01:16 PM by Howard Bashman



"Navajo language fluency is a 'reasonable' requirement for president, tribal Supreme Court says; Grievance sent back to lower court; Chris Deschene's candidacy could be in jeopardy": This front page article appears in today's edition of The Daily Times of Farmington, New Mexico.

The Associated Press reports that "Navajo high court weighs case on language fluency."

And in related coverage, today's edition of The New York Times contains an article headlined "Presidential Candidate in Navajo Nation Protests a Language Requirement."

Those interested in Native American-related legal developments should regularly visit the "Turtle Talk" blog, an outstanding resource that describes itself as the "Indigenous Law and Policy Center Blog Michigan State University College of Law."

Update: Thanks to a reader who helpfully supplied the link, you can access yesterday's order of remand of the Supreme Court of the Navajo Nation at this link.
Posted at 11:28 AM by Howard Bashman



"Third group wants in on NSA case": Josh Gerstein of Politico.com has this blog post today.
Posted at 11:16 AM by Howard Bashman


"Montana Supreme Court hears arguments in punitive damages cap case": This article appears in today's edition of The Bozeman Daily Chronicle.
Posted at 10:44 AM by Howard Bashman


"Why the Supreme Court keeps smacking down America's top patent court": Timothy B. Lee has this report online at Vox.
Posted at 10:38 AM by Howard Bashman


"Supreme Court prepares for another round of same-sex marriage arguments": Michael Doyle of McClatchy Washington Bureau has this report.
Posted at 10:36 AM by Howard Bashman


"Superheroes' lawsuit settled before Supreme Court fight": Richard Wolf of USA Today has this report.

And today's edition of The New York Times contains an article headlined "Marvel Settles With Family of Comics Artist Jack Kirby."
Posted at 10:34 AM by Howard Bashman



"Who's a seaman? Supreme Court may chart the waters." The Associated Press has this report.
Posted at 10:20 AM by Howard Bashman


"Committee to Handle Courts' Investigation of Alabama Judge": Alyson M. Palmer of the Daily Report of Fulton County, Georgia has an article that begins, "A committee has been appointed to handle the federal courts' investigation of an Alabama federal judge facing calls for his resignation over domestic violence allegations, according to the judge's lawyer."

You can freely access the full text of the article via Google News.
Posted at 09:44 AM by Howard Bashman



"Administration to Back Same-Sex Marriage at Supreme Court: Holder." Pete Williams of NBC News has this report (with video).
Posted at 09:37 AM by Howard Bashman


Friday, September 26, 2014

Majority opinion by Easterbrook, dissent by Posner: Rulings of the U.S. Court of Appeals for the Seventh Circuit that meet this description are typically worth a look. One such decision issued today.
Posted at 11:58 PM by Howard Bashman


"State of Alaska defends gay-marriage ban": The Associated Press has this report.
Posted at 10:50 PM by Howard Bashman


Dan Packel of Law360.com reports on two of my cases today: Dan's first article is headlined "Pa. Superior Court Won't Rehear $10M Motrin Verdict" (subscription required for full access). My most recent earlier coverage of this case, in which I serve as appellate counsel for plaintiffs, can be accessed here.

And Dan's second article is titled "Preemption Trend Favors Pharma In Generic Reglan Fight" (subscription required for full access). My most recent coverage of this case, in which I serve as appellate counsel for plaintiffs, can be accessed here.
Posted at 09:35 PM by Howard Bashman



"Federal Court Declines to Take Up Wisconsin's Voter ID Law": Monica Davey will have this article in Saturday's edition of The New York Times.

And Bloomberg News reports that "Wisconsin ID Ruling Withstands Appellate Rehearing Bid."
Posted at 09:28 PM by Howard Bashman



"Inside the Koch Brothers' Toxic Empire: Together, Charles and David Koch control one of the world's largest fortunes, which they are using to buy up our political system; But what they don't want you to know is how they made all that money." This article appears in the current issue of Rolling Stone magazine.
Posted at 08:50 PM by Howard Bashman


"2nd Circuit to define 'original information' for SEC whistleblowers": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 07:58 PM by Howard Bashman


"Preferential hiring of Navajo at mine ruled OK": Howard Fischer of The Arizona Daily Star has a news update that begins, "Indian nations are free to demand that private firms doing business on reservation land give preference to tribal members despite anti-discrimination laws, a federal appeals court ruled Friday."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit, written by Circuit Judge William A. Fletcher on behalf of a unanimous three-judge panel, at this link.

And the blog "Turtle Talk" offers access to the appellate briefs and other materials via this link.
Posted at 07:50 PM by Howard Bashman



Ninth Circuit grants rehearing en banc in Arizona judicial candidate campaign free speech case: You can access today's order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link.

My coverage of the earlier ruling of a divided three-judge Ninth Circuit panel in this case can be accessed here.
Posted at 07:42 PM by Howard Bashman



Guess the next Solicitor General of the United States: Thanks to those readers who have sent in their predictions on who the next Solicitor General might be if the current one is indeed promoted to become Attorney General. Because today is a bit of a quiet day for various reasons, I might refrain from posting responses until 3 p.m. Monday afternoon.

Those wishing to offer their best guess(es) for publication at this blog can email me at appellateblog@hotmail.com. I will not publish the name or otherwise describe or identify anyone who chooses to respond. And for those who prefer that competitions have rules, the one rule of this competition is that you can't nominate yourself.
Posted at 03:08 PM by Howard Bashman



"Marvel, Jack Kirby Estate Settlement Brings End to High-Stakes Battle; Why a battle over Spider-Man, X-Men, and the Avengers was important": At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post that begins, "On Friday, Marvel ended a long and bitter feud with the estate of comic book legend Jack Kirby, announcing a settlement just days before the U.S. Supreme Court had scheduled a conference to discuss whether to take up a case with potentially billions on the line."

Update: In other coverage, Reuters reports that "Comic book legend Jack Kirby's heirs settle with Marvel."
Posted at 02:03 PM by Howard Bashman



"2nd Circ. Jeopardizes Fund's Buy Of $230M Madoff Claim": Law360.com has this report (subscription required for full access) reporting on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.

Paul D. Clement argued the appeal against Kathleen M. Sullivan in May 2014.
Posted at 01:48 PM by Howard Bashman



Writings of interest in the Summer 2014 issue of The Green Bag: In addition to the Ex Ante item titled "Bashman and the Judges," the current issue contains the following:
Posted at 01:35 PM by Howard Bashman


"Argument preview: Justices to mull pleading standard for removal." Ronald Mann has this post today at "SCOTUSblog."
Posted at 01:16 PM by Howard Bashman


"Why You Can't Trust The Supreme Court, In Three Quotes": At ThinkProgress, Ian Millhiser has a post that begins, "Lawyers who are hoping to bring a case to the Supreme Court typically claim that the law is on their side, and they generally rely on citations to legal authorities and doctrines to prove this point. It's not every day that an attorney states openly to a reporter that he thinks he's going to win his case because he expects the justices to behave like partisan hacks."
Posted at 01:10 PM by Howard Bashman


"Attorney general confirmation process is fractious even before it's begun": Paul Kane and Juliet Eilperin have this article in today's edition of The Washington Post.

In today's edition of The New York Times, Michael D. Shear has an article headlined "Eric Holder Resigns, Setting Up Fight Over Successor."

Glenn Thrush of Politico Magazine has an article headlined "Why Holder Quit: The backstory of how Obama lost his 'heat shield.'"

And at the "Behind the News" blog of Columbia Journalism Review, David Uberti has a post titled "Reporters jump the gun on Eric Holder replacement speculation; After news broke of the attorney general's resignation, journalists got ahead of themselves."
Posted at 11:24 AM by Howard Bashman



Majority on en banc Fifth Circuit holds no punies for injured seamen under under either the Jones Act or general maritime law: The en banc U.S. Court of Appeals for the Fifth Circuit yesterday issued this 9-to-6 ruling.

A reader of this blog offers this helpful summary of the decision: "The majority holds that seamen and their estates may not recover punitive damages for their employer's willful and wanton breach of the maritime law duty to provide a seaworthy vessel. The majority and dissent offer competing theories of statutory displacement of general maritime law and differ, more broadly, over the role federal courts should assume in the creation and development of federal maritime law."
Posted at 11:14 AM by Howard Bashman



"Breaking: 7th Cir. Denies Rehearing En Banc in WI Voter ID Case on an Equally Divided Vote: Analysis." Law professor Rick Hasen has this post at his "Election Law" blog.

Today's order of the U.S. Court of Appeals for the Seventh Circuit concludes:

A judge called for a vote on the request for a hearing en banc. That request is denied by an equally divided court. Chief Judge Wood and Judges Posner, Rovner, Williams, and Hamilton voted to hear this matter en banc. In the coming days, members of the court may file opinions explaining their votes.
In early news coverage, Jason Stein of The Milwaukee Journal Sentinel reports that "Bid to get full Appeals Court hearing on voter ID falls 1 vote short."
Posted at 10:57 AM by Howard Bashman


"Why This Conservative Lawyer Thinks He Can Still Cripple Obamacare": Sahil Kapur of TPM DC has this report today.
Posted at 10:54 AM by Howard Bashman


"Superheroes' copyright fight may reach Supreme Court": Richard Wolf of USA Today has this report.
Posted at 10:32 AM by Howard Bashman


Now for the question that's really on everyone's mind this morning: If Donald B. Verrilli, Jr. becomes the next Attorney General of the United States, who will President Obama nominate to be the next Solicitor General of the United States?

Your best guesses, for publication at this blog, are hereby solicited via email to appellateblog@hotmail.com. I will not publish the name or otherwise describe or identify anyone who chooses to respond.

In related coverage, Vox has a report titled "2 things you need to know about Don Verrilli, the frontrunner to be Attorney General."

And for those who may have forgotten or missed it, last October "SCOTUSblog" had a five-part video interview with Solicitor General Verrilli. You can view the complete interview via YouTube at this link.
Posted at 10:26 AM by Howard Bashman



"The Two Newest SCOTX Justices Discuss the Unpredictable Nature of Their Court": John Council will have this article in Monday's edition of Texas Lawyer.

You can freely access the full text of the article via Google News.
Posted at 09:38 AM by Howard Bashman



"Ohio plans to appeal anti-lie ruling": The Cincinnati Enquirer has this report.
Posted at 09:30 AM by Howard Bashman


"Gaming the Supreme Court: Which state has the best chance of making gay marriage the law of the land?" Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.
Posted at 09:28 AM by Howard Bashman


"State goes to U.S. Supreme Court to stop expanded early voting": The Columbus (Ohio) Dispatch has this report.

Jim Provance of The Toledo Blade reports that "U.S. Supreme Court is asked to stay early vote decision."

And The Associated Press reports that "Ohio asks US Supreme Court to delay voting order."
Posted at 09:26 AM by Howard Bashman



"The Supreme Court Is Looking Out for the Rights of the Majority; In the last term, conservative justices moved to protect wealthy donors and Christians, while looking skeptically on claims for minorities": Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 09:18 AM by Howard Bashman


"Ex-justice Orie Melvin asks state Supreme Court to hear her appeal": Paula Reed Ward has this article in today's edition of The Pittsburgh Post-Gazette.

And today's edition of The Pittsburgh Tribune-Review contains an article headlined "Former justice Joan Orie Melvin to appeal conviction to state Supreme Court."
Posted at 09:16 AM by Howard Bashman



"The Supreme Court Has Two Ways to Legalize Gay Marriage. This One Is Better." Yishai Schwartz has this essay online at The New Republic.

In related news coverage, Bill Mears of CNN.com reports that "Justices poised to tackle constitutional right of same-sex marriage."

And The Times-Picayune of New Orleans reports that "Louisiana gay marriage case on fast track at appeals court."
Posted at 09:08 AM by Howard Bashman



Thursday, September 25, 2014

"State Supreme Court could decide whether John Doe probe proceeds; Groups tied to investigation have donated to 4 of 7 justices": Patrick Marley of The Milwaukee Journal Sentinel has this report.
Posted at 10:58 PM by Howard Bashman


Is Springfield, Illinois ordinance prohibiting panhandling in the city's downtown historic district content-neutral or content-based? Today, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit divided over the answer to that question.

The majority opinion, written by Circuit Judge Frank H. Easterbook and joined by Circuit Judge Diane S. Sykes, held that the ordinance was not content-based and therefore affirmed the district court's denial of a preliminary injunction against the ordinance.

Senior Circuit Judge Daniel A. Manion issued a dissenting opinion, explaining that he viewed the ordinance as content-based and therefore would remand with instructions to issue a preliminary injunction prohibiting enforcement of the ordinance.
Posted at 10:40 PM by Howard Bashman



"2 of 3 judges hearing voting law case are from Carolinas": The Charlotte Observer has a news update that begins, "With hundreds of campaigns in North Carolina entering their final six weeks, a federal appeals court must now decide what kind of election the state will hold."

The U.S. Court of Appeals for the Fourth Circuit has posted the audio of today's oral argument at this link (mp3 audio file).
Posted at 10:12 PM by Howard Bashman



"NC teeth-whitening case could have sweeping implications for other states": The News & Observer of Raleigh, North Carolina has this report.
Posted at 10:05 PM by Howard Bashman


"Judging Statutes -- The Honorable Robert Katzmann Book Party." Georgetown Law has posted the video online at this link. And a related news release posted online today is titled "Katzmann Book Talk Draws Legal Luminaries."

And Tony Mauro of The National Law Journal has a "Supreme Court Brief" titled "Countering Scalia on Interpreting Laws, Katzmann's Book Packs Punch." You can freely access the full text of the article via Google.
Posted at 10:02 PM by Howard Bashman



"Glenn Fine: From Cheltenham hoops to the Justice Department." This article about the former Inspector General of the USDOJ appears in the sports section of today's edition of The Philadelphia Inquirer.
Posted at 09:57 PM by Howard Bashman


In papers of interest recently posted at SSRN: Law professor Andrew Koppelman has posted a book review titled "Passive Aggressive: Scalia and Garner on Interpretation" (via "Legal Theory Blog").

And law professor Brian S. Clarke has posted a paper titled "ObamaCourts? The Impact of Judicial Nominations on Court Ideology" (via "Legal Theory Blog").
Posted at 09:52 PM by Howard Bashman



"The Heartwrenching Court Cases That Inspired My New Novel: The best legal judgments form a neglected sub-genre of our literature." Ian McEwan has this essay in the September 29, 2014 issue of The New Republic.
Posted at 08:20 PM by Howard Bashman


"Eric Holder Steps Down": Jeffrey Toobin has this post online at The New Yorker.

The magazine also has a post from law professor David Cole titled "No Coward on Race" that begins, "The other day, I attended an investiture ceremony for Robert Wilkins, an African-American judge recently appointed to the U.S. Court of Appeals for the District of Columbia Circuit."
Posted at 08:12 PM by Howard Bashman



"Gay-Marriage Hero David Boies Has an Infuriating New Cause; The Prop. 8 lawyer is helping a former Wall Street CEO sue the U.S., and it's costing taxpayers a fortune": Alec MacGillis has this article online at The New Republic.
Posted at 08:09 PM by Howard Bashman


"Supreme Court Preview of the 2014 Term": The video of today's Heritage Foundation event, featuring Michael Carvin and Paul Clement, can be accessed here.

It was a pleasure to get to visit with the speakers, with other guests at the event, and with Michelle Olsen of the Appellate Daily Twitter feed; Robert Barnes of The Washington Post; Mark Walsh of Education Week, ABA Journal magazine, and "SCOTUSblog"; Sahil Kapur of TPM DC; and Jennifer Haberkorn of Politico.com.
Posted at 08:04 PM by Howard Bashman



"Utah to appeal polygamy ruling in 'Sister Wives' case": Dennis Romboy of The Deseret News has this report.

And The Associated Press reports that "Utah to appeal ruling in 'Sister Wives' case."
Posted at 07:52 PM by Howard Bashman



"U.S. Appeals Court Orders Disclosure of Secrets in Chevron Oil Pollution Case": Paul M. Barrett of Bloomberg Businessweek has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
Posted at 07:48 PM by Howard Bashman


"Ruth Bader Ginsburg Would Probably Be Confirmed Today": Harry Enten has this post today at FiveThirtyEight.

And Jonathan Turley, at his blog, today has this post that criticizes aspects of Justice Ginsburg's Elle interview.
Posted at 07:43 PM by Howard Bashman



"Should Obsolete Justifications for a 1952 Law Still Hold Legal Force Today? SCOTUS May Decide." Damon Root has this post today at Reason.com's "Hit & Run" blog.
Posted at 07:40 PM by Howard Bashman


"Texas, Louisiana same-sex marriage cases linked": At "SCOTUSblog," Lyle Denniston has a post that begins, "Two conflicting federal trial court rulings on same-sex marriage -- one in Texas in favor, one in Louisiana against -- will be heard by the same panel of appellate judges, but in separate hearings, the U.S. Court of Appeals for the Fifth Circuit ordered on Thursday."
Posted at 07:39 PM by Howard Bashman


"With Holder Leaving, Verrilli Is Back in the Spotlight": Janet Adamy and Mark H. Anderson have this post at WSJ.com's "Washington Wire" blog.
Posted at 07:36 PM by Howard Bashman


"Justice Anthony Kennedy talks about the Bill of Rights at National Constitution Center": The "Constitution Daily" blog of the National Constitution Center has this post today.
Posted at 07:34 PM by Howard Bashman


"Showdown Over Landmark Housing Law Looms at U.S. Supreme Court": Greg Stohr of Bloomberg News has this report today.
Posted at 07:32 PM by Howard Bashman


"Technical glitches contributed to delay in Markel case": Sean Rossman of The Tallahassee Democrat has this news update.
Posted at 07:28 PM by Howard Bashman


Wednesday, September 24, 2014

Programming note: On Thursday, I will be in Washington, DC to attend The Heritage Foundation's "Supreme Court Preview of the 2014 Term" featuring Michael Carvin and Paul Clement.

I am also looking forward to meeting Michelle Olsen, of the excellent Appellate Daily Twitter feed, who will likewise be attending the event.

As a result, additional posts will not appear here until Thursday evening. In the interim, appellate-related retweets are likely appear at the How Appealing Twitter feed.
Posted at 10:50 PM by Howard Bashman



"Court Returns Inquiry Into Walker's Finances to Wisconsin": Monica Davey will have this article in Thursday's edition of The New York Times.

My earlier coverage of today's Seventh Circuit ruling appears at this link.
Posted at 10:24 PM by Howard Bashman



"Ruth Bader Ginsburg's Retirement Dissent": Amy Davidson has this blog post online at The New Yorker.
Posted at 10:14 PM by Howard Bashman


"Don't Execute Those We Tortured": In Thursday's edition of The New York Times, law professor Jonathan Hafetz will have an op-ed that begins, "After years of legal battles, Khalid Shaikh Mohammed, the alleged mastermind of the terrorist attacks of Sept. 11, 2001, will finally be put on trial before a military commission at Guantanamo Bay, Cuba, though a trial date hasn't yet been set."
Posted at 09:51 PM by Howard Bashman


"Economists' arguments against Obamacare lawsuits backfire; New taxes and government subsidies are worse than a bad health care bill": Jonathan H. Adler and Michael F. Cannon have this op-ed online at The Washington Times.
Posted at 09:40 PM by Howard Bashman


"Judge Denies BP's Request to Recoup Overpayments to Oil Spill Victims": John Schwartz will have this article in Thursday's edition of The New York Times.
Posted at 09:35 PM by Howard Bashman


"The return of Citizens United: The plain language of the First Amendment confuses another federal judge." This editorial will appear in Thursday's edition of The Washington Times.
Posted at 09:32 PM by Howard Bashman


"Book Review: 'The Case Against the Supreme Court' by Erwin Chemerinsky; Earl Warren used to interrupt lawyers focused on legal particulars with questions like: 'Yes, yes, yes, but is it . . . right? Is it good?'" In Thursday's edition of The Wall Street Journal, Terry Eastland will have this review of law professor Erwin Chemerinsky's new book, "The Case Against the Supreme Court."

You can freely access the full text of the review via Google.
Posted at 08:50 PM by Howard Bashman



"Charlotte to host court showdown on voting laws": The Charlotte Observer has an article that begins, "A three-judge federal panel meeting in Charlotte on Thursday may soon decide how North Carolinians vote in November, potentially impacting a midterm election that carries national importance."
Posted at 08:42 PM by Howard Bashman


"Porn-peeping federal workers rarely face time or attendance fraud charges; Privacy interests shield government employees' identities from public disclosure": Jim McElhatton will have this article in Thursday's edition of The Washington Times reporting on records obtained from Justice Department's Office of Inspector General under the Freedom of Information Act.
Posted at 08:40 PM by Howard Bashman


"Court Rulings Mean Judges Will Get an Extra $1B in Pay and Benefits; CBO adds up costs of Congress's failed efforts to stop judicial salary increases": Billy House of National Journal has this report today.
Posted at 08:05 PM by Howard Bashman


"Stevens Says Ford Was Behind Crucial Affirmative Action Brief": Adam Liptak has this post today at the "First Draft" blog of The New York Times.
Posted at 06:12 PM by Howard Bashman


"Second-Best Stare Decisis": Online at SSRN, law professor Randy J. Kozel has posted online an article whose abstract begins, "If Supreme Court Justices differ over the proper interpretation of the Constitution, can they nevertheless agree about the treatment of constitutional precedent?" (Via "Legal Theory Blog.")
Posted at 05:00 PM by Howard Bashman


"Court overturns halt to John Doe probe into Walker's campaign": Jason Stein of The Milwaukee Journal Sentinel has this news update reporting on a ruling that Circuit Judge Frank H. Easterbrook issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

And The Associated Press reports that "Federal court lifts injunction in Walker case."

Meanwhile, at his "Election Law Blog," Rick Hasen is officially having a very busy afternoon.

Update: In other coverage, The Wisconsin State Journal has a news update headlined "Federal court lifts injunction against investigation into Scott Walker, conservative groups."

And Reuters reports that "Appeals court overturns ruling that halted Wisconsin campaign probe."
Posted at 04:28 PM by Howard Bashman



"Roberts at 10: A Look at the First Decade of John Roberts's Tenure as Chief Justice." The Constitutional Accountability Center has today posted online what the organization describes as the first introductory chapter of this year-long project. Brianne Gorod is the author of the chapter posted online today.
Posted at 04:08 PM by Howard Bashman


"Breaking: 6th Circuit Upholds Federal Court Order Extending Ohio Early Voting: Analysis." At his "Election Law Blog," Rick Hasen has just begun writing this post about a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued late this afternoon.

In early news coverage, The Columbus Dispatch reports that "Ohioans can start early voting Tuesday, appeals court rules."

And The Associated Press reports that "Appeals court upholds Ohio ruling on early voting."

Update: Reuters reports that "Appeals court clears way for early voting in Ohio."
Posted at 04:02 PM by Howard Bashman



"$10B ruling against Philip Morris goes back to Illinois high court": Ameet Sachdev of The Chicago Tribune has this news update.

Update: In other coverage, Jonathan Stempel of Reuters reports that "Illinois top court to review Altria $10.1 bln cigarette verdict."
Posted at 02:34 PM by Howard Bashman



"Penalty against Judge Colleen O'Toole upheld, but Supreme Court finds part of rule governing judicial candidates is unconstitutional": The Cleveland Plain Dealer has a news update that begins, "The Ohio Supreme Court on Wednesday narrowed the scope of a rule that limits what judicial candidates can say when they run for office after holding the rule was, in part, unconstitutional."

And Court News Ohio -- the news bureau of the Ohio judicial branch -- reports that "Part of Judicial Conduct Rule Unconstitutional, Violates Free Speech."

You can access today's ruling of the Supreme Court of Ohio at this link.
Posted at 01:44 PM by Howard Bashman



"Above the Law gets more Appealing": Jonathan H. Adler has this kind post today at "The Volokh Conspiracy."

And in case you missed it, last night I had this post linking to an item in The Green Bag's new issue titled "Bashman and the Judges."

Update: In other coverage of note, at his "TaxProf Blog," Paul Caron has a post titled "How Appealing Partners With Above the Law."
Posted at 01:35 PM by Howard Bashman



"BP Told It Can't Claw Back Oil-Spill Damage Overpayments": Bloomberg News has this report.

In earlier coverage, The Times-Picayune of New Orleans reported in June 2014 that "BP seeks repayment on 'inflated' oil spill payouts."
Posted at 01:32 PM by Howard Bashman



"The Satanic Lawsuit: Do Satanists have religious rights?" Joey Peters of The Sante Fe Reporter has an article that begins, "An inmate at Western New Mexico Correctional Facility is suing the state for allegedly infringing on his freedom to practice his religion. His religion? Satanic worship."

You can view the pro se complaint initiating suit at this link.
Posted at 01:25 PM by Howard Bashman



"Obamacare on Appeal: Statutory Construction of This Politically Charged Question Will Inevitably Be Called Judicial Activism." Derek Stikeleather has this post today at the "Maryland Appellate Blog."
Posted at 12:20 PM by Howard Bashman


"ADF asks US Supreme Court to uphold freedom of churches to meet in NYC public schools": Alliance Defending Freedom filed this petition for writ of certiorari today in the U.S. Supreme Court.

The organization's news release reporting on the filing can be accessed here.
Posted at 11:44 AM by Howard Bashman



"Supreme Court advised to delay taking on water war case; US Solicitor general asks justices to wait for corps to complete work": Jeff Gill has this front page article in today's edition of The Times of Gainesville, Georgia.
Posted at 11:40 AM by Howard Bashman


As compared to today, where everything is just hunky-dory: Today at the "Constitution Daily" blog of the National Constitution Center, Scott Bomboy has a post titled "Drama, controversy marked the first Supreme Court justices."
Posted at 11:38 AM by Howard Bashman


"Famous Supreme Court Plaintiffs: a Quiz; Can you recognize Dred Scott? Jane Roe? Ernesto Miranda?" Dahlia Lithwick has this jurisprudence quiz online today at Slate.
Posted at 11:33 AM by Howard Bashman


"Why I Wrote this Book: Erwin Chemerinsky, The Case Against the Supreme Court." Law professor Erwin Chemerinsky has this guest post at the blog "Hamilton and Griffin on Rights."
Posted at 11:23 AM by Howard Bashman


"Blasting Koh, Defense Asks Ninth Circuit to Restore 'No-Poach' Deal": Earlier this month, The Recorder had this report on a petition for writ of mandamus that attorneys for Google, Apple, Adobe, and Intel filed in the U.S. Court of Appeals for the Ninth Circuit. You can freely access the full text of the article via Google News.

Also earlier, Courthouse News Service reported on the mandamus petition in an article headlined "Rejected Deal in Tech Wages Case Defended."

On Monday, a two-judge panel of the Ninth Circuit issued this order calling for a response to the mandamus petition. When the briefing is complete in about a month from now, the order directs that " the Clerk shall place this petition for writ of mandamus on the next available calendar."

The Ninth Circuit has created this page devoted to the case. According to the mandamus petition, the class action settlement in question, which the district court refused to preliminarily approve, "was the highest settlement ever in an employment antitrust case."
Posted at 11:18 AM by Howard Bashman



Announcing the new location of "How Appealing" effective October 1, 2014: When Law.com announced in February 2014 that it would be shutting down its blog network effective September 30, 2014, many loyal readers expressed concerns about what would become of this blog. As I assured readers that day, "this blog will continue regardless of where it is hosted." Between then and now, I took advantage of the opportunity to gauge the interest of a few specific potential new hosts that I would be particularly overjoyed to join if they shared the same level of enthusiasm about me.

On October 1, 2014, this blog will pull up stakes and relocate to this new address, http://howappealing.abovethelaw.com. This blog's content, voice, and authorship will remain the same, except in place of "Law.com" in its address you will instead need to use "AboveTheLaw.com"

When I began to think about potential new hosts for "How Appealing," the very first possibility that I decided to pursue involved affiliating with Breaking Media, which hosts several very popular blogs, including the extraordinarily successful blog "Above the Law" founded by David Lat. David and I have known each other for years, dating back to when he was a she, the pseudonymous author of the blog "Underneath Their Robes." David and I have much in common. He was an appellate attorney, and I still am. He has a tremendous amount of admiration for and interest in our nation's judicial system, as do I. And we both have been fortunate to launch two popular law blogs with influential and successful readerships.

ATL receives over 7 million page views per month from over 1.1 million visitors. The Breaking Media organization of which it is a part understands how to be successful in digital media and law-related digital media in particular. In addition to David, ATL now has three full-time writers, more than a dozen outside columnists, and enjoys a vast readership and considerable industry influence.

Of course, what "How Appealing" has to offer is me and you, this blog's readers. As I have said from the beginning, I will continue to run this blog for as long as I enjoy it and others are interested in reading it. Affiliating this blog with "Above the Law" and Breaking Media gives me the chance to reach even more readers who are interested in what we do here every day, day in and day out. At the same time, I can assure you that this blog's content and voice will not be changing. Not one bit.

One of the things that I have most appreciated about this blog's current host, ALM/Law.com, and this blog's previous host, Legal Affairs magazine, is that they have completely left me alone to do what I enjoy doing. I have received more requests from the U.S. Supreme Court (a total of one) than I have ever received from ALM/Law.com or Legal Affairs magazine to alter this blog's content in any respect whatsoever. And I anticipate this same sort of hands-off approach will continue during this blog's upcoming affiliation with ATL and Breaking Media.

Now that you know that this blog's authorship, style, tone, and substance won't be changing, let me tell you what is likely to change. As has happened several times in this blog's history, this blog's template will change, meaning this page will have a new design. And no, that won't mean that you will ever need to click through past the home page to read the conclusion of any post. But ads will appear, as they do now, and those ads will help generate the financial compensation that I will receive for operating this blog. And somewhere near the top of the page this blog will display headlines for new posts at the "Above the Law" site, just as the "Above the Law" site will display headlines for new posts here at "How Appealing."

October 1, 2014 will only be the third time in this blog's over 12-year history that "How Appealing" has relocated to a new online address. Each relocation has been even more exciting than the last. I am deeply thankful for and appreciative of this blog's readership, and I look forward to continuing to provide you with what you seek here at this location for one more week and at this blog's new location into the future.

Update: At "Above the Law," David Lat has a post titled "A Most Appealing Announcement."
Posted at 11:00 AM by Howard Bashman



"Podcast: How our federal judicial system was born." The "Constitution Daily" blog of the National Constitution Center has today posted this podcast featuring Jeffrey P. Minear, Counselor to Chief Justice John G. Roberts, Jr.
Posted at 10:40 AM by Howard Bashman


McLaughlin Group can't recover attorneys' fees for successful DOMA challenge, First Circuit holds: No, not that McLaughlin Group. You can access yesterday's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 10:38 AM by Howard Bashman


This blog's new location beginning Oct. 1st: Will be announced here at 11 a.m. eastern time today.
Posted at 07:58 AM by Howard Bashman


"Federal courts could turn on next 2 elections": Law professor Erwin Chemerinsky has this op-ed in The Orange County Register.
Posted at 07:56 AM by Howard Bashman


"Ruth Bader Ginsburg: Why I can't resign now." Jonathan Topaz of Politico.com has this report.
Posted at 07:54 AM by Howard Bashman


"Supreme Court must restore states' rights in defining marriage; Justices owe it to nation to undo rogue judges' damage": The Washington Times contains this editorial.
Posted at 07:53 AM by Howard Bashman


"Justice Stevens recounts long career, ties to Michigan": This article appears in today's edition of The Herald Palladium of St. Joseph, Michigan.

Update: You can access the prepared text of the remarks that retired Justice John Paul Stevens delivered last night in Michigan at this link.
Posted at 07:49 AM by Howard Bashman



"Judge on government's short list for Supreme Court faces legal obstacle": In today's edition of The Toronto Globe and Mail, Sean Fine has a front page article that begins, "The Conservative government's attempt to move an Ottawa-based judge to Quebec has become ensnared in a legal challenge, putting in doubt the judge's availability for a looming vacancy on the Supreme Court of Canada."
Posted at 07:46 AM by Howard Bashman


"N.J. case puts pledge, religion in spotlight": Today's edition of The Philadelphia Inquirer contains an article that begins, "Blackwood teenager Samantha Jones grew up reciting the Pledge of Allegiance with the words under God, and she is willing to go to court for the right to keeping saying those words."
Posted at 07:44 AM by Howard Bashman


Tuesday, September 23, 2014

"Republicans slam Kansas Supreme Court justice over Davis fundraiser at her home": Bryan Lowry of The Wichita Eagle has an article that begins, "The Kansas Republican Party criticized a Kansas Supreme Court justice Tuesday, saying a fundraiser hosted for Democrat Paul Davis at her Topeka home was inappropriate."

And The Associated Press reports that "Kansas GOP criticizes event at justice's home."
Posted at 11:33 PM by Howard Bashman



"R.I. Supreme Court hears arguments on gay-pride parade lawsuit filed by Providence firefighters against ex-Mayor Cianci": This article will appear in Wednesday's edition of The Providence Journal.
Posted at 11:27 PM by Howard Bashman


"Sirius XM Loses Lawsuit on Royalties for Oldies": Wednesday's edition of The New York Times will contain this article.

The Wall Street Journal reports that "Sirius XM Loses Royalties Case Against Oldies Band; Suit Alleged That Satellite Radio Played the Turtles' Music Without Permission." You can freely access the full text of the article via Google.

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "SiriusXM Suffers Crushing Loss in High-Stakes Courtroom Battle; In a ruling with far-reaching consequences, Flo & Eddie of The Turtles convince a judge that their public performance rights were violated."

You can access yesterday's ruling of the U.S. District Court for the Central District of California at this link.
Posted at 10:14 PM by Howard Bashman



"Booksellers seek void of 'revenge porn' legislation": Howard Fischer of The East Valley Tribune has this news update.

And Alia Beard Rau of The Arizona Republic has a news update headlined "Changing Hands, others sue over Arizona 'revenge porn' law."

My initial coverage of the suit appeared in this post earlier today.
Posted at 10:00 PM by Howard Bashman



"Bashman and the Judges": By special request, I am pleased to note that the Summer 2014 issue of The Green Bag contains this item in its Ex Ante section.
Posted at 09:45 PM by Howard Bashman


"Students before teachers: Why progressives should defend 'Vergara v. California' ruling." Law professor Laurence H. Tribe will have this op-ed in Wednesday's edition of USA Today.
Posted at 09:28 PM by Howard Bashman


In papers of interest recently posted at SSRN: Law professor Stephen E. Sachs has posted an article titled "Originalism as a Theory of Legal Change" (via "Legal Theory Blog").

Law professor Sonja West has posted a paper titled "The Stealth Press Clause" (via "Legal Theory Blog").

And law professor Andrew Koppelman has posted a book review titled "Six Overrulings," reviewing Justice John Paul Stevens' book, "Six Amendments: How and Why We Should Change the Constitution" (via "Legal Theory Blog").
Posted at 08:09 PM by Howard Bashman



"Major League Baseball's Nightmare: A Judge Who Isn't a Fan of Instant Replay; Judge Shira Scheindlin refuses to certify an appeal on her ruling that could shake up sports broadcasting." Eriq Gardner has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 07:58 PM by Howard Bashman


"Wisconsin Files Opposition to 7th Circuit Rehearing on Voter ID Law": Rick Hasen has this post at his "Election Law Blog." He has posted the response in opposition at this link.
Posted at 06:05 PM by Howard Bashman


"Party Diary: Opera with Justice Ruth Bader Ginsburg." Helena Andrews has this entry today at the "Reliable Source" blog of The Washington Post.
Posted at 05:06 PM by Howard Bashman


"Markell taps Vaughn for Del. Supreme Court": Sean O'Sullivan of The News Journal of Wilmington, Delaware has this news update.

And Tom Hals of Reuters reports that "Veteran judge nominated for Delaware Supreme Court."
Posted at 04:55 PM by Howard Bashman



"Supreme Court Justice Ruth Bader Ginsburg: I'm not going anywhere." An excerpt from Justice Ginsburg's interview with Jessica Weisberg for Elle magazine can now be accessed online at this link.

In coverage of the interview, Ian Millhiser of ThinkProgress has a post titled "Justice Ginsburg: If I Resign, Obama Could Not Appoint 'Anyone I Would Like To See In The Court.'"

And earlier this week, David G. Savage of The Los Angeles Times had an article headlined "Justice Ruth Bader Ginsburg signals she has no plans to retire soon."
Posted at 04:40 PM by Howard Bashman



"Deputy SG Kneedler Recognized for Career in Public Service": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."

You can freely access the full text of the post via Google News.

And you can view information about the recognition, including a video, at this link.
Posted at 03:15 PM by Howard Bashman



"Opponents challenge Arizona's 'revenge porn' law in court": Reuters has this report.

The ACLU today issued a news release titled "First Amendment Lawsuit Challenges Arizona Criminal Law Banning Nude Images." You can access the complaint initiating suit at this link.
Posted at 03:14 PM by Howard Bashman



"U.S. on Supreme Court Protest Restrictions: Sidewalk is Wide Enough." Brent Kendall has this post today at the "Washington Wire" blog of The Wall Street Journal.

And at "The BLT: The Blog of Legal Times," Tony Mauro has a blog post titled "Appeals Court Weighs Ban on Supreme Court Protests." You can freely access the full text of this blog post via Google News.

As soon as the audio from this oral argument becomes available at the web site of the U.S. Court of Appeals for the D.C. Circuit, I will link to it.

Update: You can access the audio of today's oral argument before a three-judge D.C. Circuit panel (Circuit Judges Henderson, Srinivasan, Williams) in Harold Hodge v. Pamela Talkin via this link (58.6 MB mp3 audio file).
Posted at 03:07 PM by Howard Bashman



Perhaps a reason to visit again tomorrow? The new online address of "How Appealing" effective October 1, 2014 will be announced here tomorrow, one week in advance of this blog's relocation.
Posted at 01:56 PM by Howard Bashman


"Free Expression, In-Group Bias, and the Court's Conservatives: A Critique of the Epstein-Parker-Segal Study." Law professor Todd E. Pettys has posted this paper online at SSRN (via Ed Whelan's blog post titled "Garbage In, Garbage Out" at National Review Online's "Bench Memos" blog).
Posted at 01:45 PM by Howard Bashman


"Federal judge rejects Citizens United push to avoid disclosure laws": The Denver Post had this blog entry yesterday.

Earlier, the newspaper reported that "Ted Olson argues Citizens United case in Denver court."

If think this sounds like the case is destined for appeal, you are correct. Today at "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "Citizens United Vows Appeal After Losing Disclosure-Rules Case." You can freely access the full text of this post via Google News.
Posted at 01:40 PM by Howard Bashman



"Behind the Chevron Case": Columnist Joe Nocera has this op-ed in today's edition of The New York Times.
Posted at 01:32 PM by Howard Bashman


"Public Peek Into Supreme Court Procedures": Angela Morris of Texas Lawyer has an article that begins, "The public got a proverbial peek into the Texas Supreme Court's inner workings this weekend in Austin."

You can freely access the full text of the article via Google News.

Additional information is available from The Texas Tribune's live blog of "The Justice Track at The Tribune Festival."

And in related news, Justice Debra Lehrmann of the Supreme Court of Texas has joined Twitter. She isn't yet following "How Appealing" on Twitter, however.
Posted at 01:28 PM by Howard Bashman



"Atheist will deliver opening prayer at this week's Huntsville City Council meeting": The Huntsville Times has this report.
Posted at 01:16 PM by Howard Bashman


"Judge lifts ban on Alagasco pipeline integrity document": The Montgomery (Ala.) Advertiser has this news update.

And The Associated Press reports that "Judge Robert Vance lifts order blocking newspaper from publishing Alabama Gas pipeline information."
Posted at 01:14 PM by Howard Bashman



"Would (and should) I perform a wedding ceremony for a gay couple in my courtroom?" Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 01:10 PM by Howard Bashman


"Rep. Mike Rogers, national figures call for resignation of Judge Mark Fuller": AL.com has this report.

And today's edition of The Washington Post contains an editorial titled "If a federal judge has committed domestic violence, Congress should impeach him."
Posted at 01:05 PM by Howard Bashman



"What To Expect When The Supreme Court Returns To Work Next Week": Ian Millhiser and Nicole Flatow of ThinkProgress have this report today.
Posted at 10:08 AM by Howard Bashman


"Railroad Tax Fight Lands on Supreme Court Docket; Millions of dollars of tax revenue are at stake in a long-running dispute between Alabama and CSX; The decision could affect state tax systems nationwide": Governing.com has this report.
Posted at 08:15 AM by Howard Bashman


"R.I. Supreme Court to hear gay pride parade lawsuit involving Cianci": Katie Mulvaney has this article in today's edition of The Providence Journal.
Posted at 08:14 AM by Howard Bashman


"Constitution Check: What if the Supreme Court takes a pass now on same-sex marriage?" Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:11 AM by Howard Bashman


Monday, September 22, 2014

"Grand Rapids lawyer hopes to defend Sherlock Holmes' copyrights in case before U.S. Supreme Court": The Grand Rapids Press has this report.
Posted at 11:14 PM by Howard Bashman


"Disputes over religion return to Supreme Court": Richard Wolf will have this article in Tuesday's edition of USA Today.
Posted at 11:07 PM by Howard Bashman


"Former air marshal's whistle-blower case moves to high court": Dan Weikel of The Los Angeles Times has this report.

Robert J. MacLean's brief for respondent was filed today in the U.S. Supreme Court in this case. Attorney Neal Katyal is MacLean's counsel of record.
Posted at 10:50 PM by Howard Bashman



"This weekend, in flyover country, the humanity and civility of Supreme Court Justices was on full display -- and that is a wonderful thing": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 10:44 PM by Howard Bashman


"Justice Kagan performs her first same-sex wedding": The Associated Press has this report. Yesterday's edition of The New York Times contained the wedding announcement.
Posted at 10:32 PM by Howard Bashman


"Courts Nix More Software Patents; Decisions Follow Supreme Court Ruling on Intellectual-Property Protection": Ashby Jones has this article in today's edition of The Wall Street Journal.

You can freely access the full text of the article via Google News.
Posted at 10:20 PM by Howard Bashman



"Defamation Law Reminds Critics of Indonesia's Past": Joe Cochrane will have this article in Tuesday's edition of The New York Times.
Posted at 09:40 PM by Howard Bashman


"Ruth Bader Ginsburg reminisces about her time on the Hill": Cornell Chronicle has this report (with video).
Posted at 09:32 PM by Howard Bashman


"These Are The Lawyers Fighting Marriage Equality; More than a case -- a mission." Marcia Coyle has this article in today's issue of The National Law Journal.

You can freely access the full text of the article via Google News.
Posted at 06:32 PM by Howard Bashman



"At Supreme Court, Kicking the Tires on a Same-Sex Marriage Case Fit for History": Adam Liptak will have this article in Tuesday's edition of The New York Times.
Posted at 06:27 PM by Howard Bashman


"Senator: Drop nomination of controversial judge." The Associated Press has a report that begins, "President Barack Obama's controversial selection of Michael Boggs to become a federal judge in Georgia lacks enough votes to survive and the nomination should be withdrawn, the chairman of the Senate Judiciary Committee said Monday in what amounts to a rare rebuff of the president from his own party."

Earlier today at the "First Draft" blog of The New York Times, Carl Hules had a post titled "Gillibrand's Weight Watcher Revealed, and a Presidential Nominee Is Sunk."
Posted at 06:22 PM by Howard Bashman



"Appeals court revives Connecticut synagogue suit": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued last Friday.
Posted at 03:38 PM by Howard Bashman


"Obama Won't Withdraw Boggs Nomination": Online today at Roll Call, Steven Dennis has a blog post that begins, "President Barack Obama still supports the nomination of Michael P. Boggs for a federal judgeship in Georgia, even though Sen. Patrick J. Leahy told The New York Times there aren't enough votes for confirmation."
Posted at 03:09 PM by Howard Bashman


"Chief Judge KOZINSKI, reluctantly dissenting": Today, Ninth Circuit Chief Judge Alex Kozinski has introduced into the appellate lexicon the reluctantly dissenting opinion.

Or, as the majority opinion in today's 6-to-5 en banc ruling explains in its first paragraph, "When a suspect says 'give me a lawyer,' that request walks, swims, and quacks like a duck."

The case was before the en banc Ninth Circuit for reconsideration in light of the U.S. Supreme Court's ruling in June 2013 in Salinas v. Texas.
Posted at 01:14 PM by Howard Bashman



"Crusader for Justice: A Conversation with Judge Damon Keith." Last Friday, WDET Radio of Wayne State University aired a rebroadcast of Stephen Henderson's interview from earlier this year with Senior Sixth Circuit Judge Damon J. Keith. You can view video of the full interview by clicking here.

Readers of "How Appealing" may recall that Henderson previously covered the U.S. Supreme Court for McClatchy Washington Bureau. More recently, he has served as editorial page editor for The Detroit Free Press. In that capacity, Henderson earlier this year won the 2014 Pulitzer Prize for commentary.
Posted at 11:20 AM by Howard Bashman



Second Circuit reinstates lawsuit alleging that National Westminster Bank PLC provided material support and resources to a terrorist organization: The lawsuit was brought by 200 United States nationals (or their estates, survivors, or heirs) who were victims of terrorist attacks launched in Israel by Hamas. You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Update: In early news coverage, Jonathan Stempel of Reuters reports that "U.S. court revives case accusing RBS' NatWest of aiding Hamas."
Posted at 10:58 AM by Howard Bashman



"At Supreme Court, Nine Clashing Friends in a Bottle": Today at his "Jost On Justice" blog, Kenneth Jost has this review of law professor Garrett Epps's new book, "American Justice 2014: Nine Clashing Visions on the Supreme Court."
Posted at 10:44 AM by Howard Bashman


"When Will The Obama Administration Tell The Supreme Court What It Thinks About Marriage Equality? The justices could -- and would have good reasons to -- ask for the administration's top Supreme Court lawyer to weigh in on the same-sex marriage cases." Chris Geidner of BuzzFeed has this report.
Posted at 10:40 AM by Howard Bashman


"Federal Circuit Defies Supreme Court in Laches Holding": Dennis Crouch has this post at his "Patently-O" blog.
Posted at 07:56 AM by Howard Bashman


"Video: Jeffrey Rosen previews upcoming Supreme Court cases." The "Constitution Daily" blog of the National Constitution Center has a post that begins, "What's on the docket for our nation's highest court? Jeffrey Rosen, president and CEO of the National Constitution Center, joined the American Constitution Society in Washington for a preview of the new term."

The American Constitution Society has posted video of the event online at YouTube at this link.
Posted at 07:53 AM by Howard Bashman



"The Solace of Oblivion: In Europe, the right to be forgotten trumps the Internet." Jeffrey Toobin has this Annals of Law article in the September 29, 2014 issue of The New Yorker.
Posted at 07:46 AM by Howard Bashman


Sunday, September 21, 2014

"Chief Justice, Huskers, A-Rod": Columnist Don Walton of The Lincoln (Neb.) Journal Star has an essay that begins, "Let's talk John Roberts and the Huskers."
Posted at 11:48 PM by Howard Bashman


"Child Pornography Case Spurs Debate on Military's Role in Law Enforcement": Erik Eckholm and Richard A. Oppel Jr. will have this article in Monday's edition of The New York Times.
Posted at 09:33 PM by Howard Bashman


"Vote 'Yes' on appeals court": Columnist Steve Sebelius has this essay in today's edition of The Las Vegas Review-Journal.
Posted at 07:48 PM by Howard Bashman


"One year later, Baby Veronica case still resonates; Dusten Brown's supporters turn attention to reforms": This front page article appears in today's edition of The Tulsa World.
Posted at 07:30 PM by Howard Bashman


"Israel names new Supreme Court judges; Mazuz, Baron to replace Grunis, Arbel on Supreme Court; Naor to be next chief judge": The Jerusalem Post has this report.
Posted at 07:21 PM by Howard Bashman


"Porn Wars: Is Las Vegas the new Silicone Valley?" Today's edition of The Las Vegas Sun contains this article. According to the article, there has been "an estimated 90 percent drop in adult film permits issued in Los Angeles County after the 2012 passage of a controversial law requiring adult film performers to wear condoms on set."
Posted at 11:23 AM by Howard Bashman


"Clarence Thomas exemplifies class": This editorial appears today in The Tyler (Tex.) Morning Telegraph.
Posted at 11:20 AM by Howard Bashman


"Strong reasons to retain state justices": Today's edition of The Los Angeles Times contains an editorial that begins, "California voters will see the names of three state Supreme Court justices and numerous Court of Appeal justices on their Nov. 4 ballots, a result of the state's hybrid system for keeping politics to a minimum in the court system while still granting the people a measure of oversight of their judges."

As the editorial explains, Associate Justice Goodwin Liu is one of the three Supreme Court of California justices up for retention election this November.
Posted at 10:56 AM by Howard Bashman



"Access to polls is in the hands of the courts": Zachary Roth of msnbc has this report.
Posted at 10:50 AM by Howard Bashman


"Supreme Moment: Four Georgia Lawyers to Argue at High Court; Four Georgia Lawyers are preparing to argue cases at the U.S. Supreme Court this term." Alyson M. Palmer will have this article in the Daily Report of Fulton County, Georgia.

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



Saturday, September 20, 2014

"'The Case Against the Supreme Court' pushes for reforms": David G. Savage of The Los Angeles Times has this review of law professor Erwin Chemerinsky's new book, "The Case Against the Supreme Court."
Posted at 11:12 PM by Howard Bashman


"Better late than never: Expect a high court OK on marriage equality soon." Law professor Michael J. Klarman has this op-ed online at The Los Angeles Times.
Posted at 11:09 PM by Howard Bashman


"What If Counterfactuals Never Existed? Hypotheticals are ruining the study of history." Online at The New Republic, law professor Cass R. Sunstein has this review of Richard J. Evans's book, "Altered Pasts: Counterfactuals in History."
Posted at 11:05 PM by Howard Bashman


"Court candidate Michelle MacDonald cleared of DWI, guilty of obstruction": Thursday's edition of The Pioneer Press of St. Paul, Minnesota contained an article that begins, "Minnesota Supreme Court candidate Michelle MacDonald was convicted Wednesday by a Dakota County jury of obstructing legal process and refusing to submit to a chemical test -- a gross misdemeanor -- but she was acquitted of misdemeanor drunken driving."
Posted at 11:00 PM by Howard Bashman


"Panel set to choose two new Supreme Court justices Sunday; Former Attorney General Menachem Mazuz considered a frontrunner, but 
the women's spot is anyone's guess": Haaretz has this report (subscription required for full access).
Posted at 10:55 PM by Howard Bashman


"Back and Forth with Professor John Yoo": The Daily Californian has posted online this interview.
Posted at 10:54 PM by Howard Bashman


"Chief Justice Roberts: Scalia, Ginsburg wouldn't be confirmed today." Nebraska Radio Network has this report.

You can access at this link (28.1 MB mp3 audio file) audio titled "U.S. Chief Justice John Roberts answers questions from 8th US Circuit Chief Judge William Riley at UNL."
Posted at 09:32 PM by Howard Bashman



"Groups ask state Supreme Court to block voter ID for Nov. 4": Patrick Marley of The Milwaukee Journal Sentinel has an article that begins, "Two groups representing minorities asked the Wisconsin Supreme Court on Friday to block the state's voter ID law for the Nov. 4 election, seeking a new way to stop the measure."

And The Wisconsin State Journal reports that "Wisconsin Supreme Court asked to delay voter ID."
Posted at 08:20 PM by Howard Bashman



"Citibank Goes Back to Judge Who Blocked Argentina Payment": Bloomberg News has this report.
Posted at 08:16 PM by Howard Bashman


Some upcoming appellate-related events that I'm planning to attend: On Thursday, September 25, 2014, I will be in Washington, DC to attend The Heritage Foundation's "Supreme Court Preview of the 2014 Term" featuring Michael Carvin and Paul Clement.

And in mid-November 2014, I will be attending the Appellate Judges Education Institute Summit in Dallas, Texas. Any fans of the blog who will be attending the summit or who wish to say hello during my visit to Dallas can feel free to let me know via email at appellateblog@hotmail.com.
Posted at 01:40 PM by Howard Bashman



"7th Circuit Dismisses Obamacare 'Take Care' Clause Challenge For Lack of Standing, 3 Days After Argument": Josh Blackman has this post at his blog discussing a decision that Circuit Judge Frank H. Easterbrook issued yesterday on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 01:20 PM by Howard Bashman


"Chief Justice John G. Roberts, Jr. Visits the College of Law": The University of Nebraska College of Law has posted online at Facebook these photos of yesterday's event.
Posted at 01:11 PM by Howard Bashman


"U.S. court voids RadioShack class-action settlement over card receipts": Jonathan Stempel of Reuters has this report.

And at Forbes.com, Daniel Fisher has a post titled "Appeals Court Rejects $1 Million Fee In Radio Shack Coupon Settlement."

Circuit Judge Richard A. Posner wrote yesterday's ruling of the U.S. Court of Appeals for the Seventh Circuit on behalf of a unanimous three-judge panel.
Posted at 12:58 PM by Howard Bashman



Friday, September 19, 2014

"Groups edge in on Klayman NSA surveillance case": Josh Gerstein has this blog post at Politico.com.
Posted at 11:16 PM by Howard Bashman


"The Senate and the Courts: The federal judiciary will follow the election returns." Edward Whelan has this article in the September 29, 2014 issue of The Weekly Standard.
Posted at 11:14 PM by Howard Bashman


"Chief Justice Roberts decries efforts to politicize Supreme Court": The Lincoln (Neb.) Journal Star has this report.
Posted at 11:03 PM by Howard Bashman


"Judiciary to Restore Online Access to Case Archives": Jacob Gershman has this post at WSJ.com's "Law Blog."
Posted at 04:58 PM by Howard Bashman


"In Lincoln, chief justice says law, not politics, drives Supreme Court's rulings": The Omaha World-Herald has this news update.

And The Associated Press reports that "US chief justice worried about partisanship."
Posted at 03:54 PM by Howard Bashman



"U.S. court tosses Argentina, Citigroup appeal in bond case": Nate Raymond of Reuters has this report.

I previously had this post linking to coverage of yesterday's oral argument of the appeal in the U.S. Court of Appeals for the Second Circuit.
Posted at 03:50 PM by Howard Bashman



In papers of interest recently posted at SSRN: Law professor Sharon Elizabeth Rush has an article titled "Federalism, Diversity, Equality, and Article III Judges: Geography, Identity, and Bias" (via "Legal Theory Blog").

Law professor Rochelle C. Dreyfuss has an article titled "Abolishing Exclusive Jurisdiction in the Federal Circuit: A Response to Judge Wood" (via "Legal Theory Blog").

Law professor Marc O. DeGirolami has posted an essay titled "Constitutional Contraction: Religion and the Roberts Court" (via "Legal Theory Blog").

And law professor Bert I. Huang has posted a paper titled "Surprisingly Punitive Damages" (via "Legal Theory Blog").
Posted at 03:38 PM by Howard Bashman



"Online court archive PACER says it will restore access to missing records": Andrea Peterson has this entry today at "The Switch" blog of The Washington Post.
Posted at 03:18 PM by Howard Bashman


"Google.com in EU Sights in Bid to Fill Right-to-Be-Forgotten Gap": Bloomberg News has this report.
Posted at 01:26 PM by Howard Bashman


"Oklahoma judge dismisses Ten Commandments lawsuit": The Associated Press has this report.

Earlier, The Oklahoman previewed today's hearing in the case in an article headlined "Oklahoma lawsuit on state Capitol Ten Commandments monument gets hearing."
Posted at 11:30 AM by Howard Bashman



We have liftoff: Fans of the blog in the vicinity of Doylestown, Pa. are invited to say hello this evening during my wife's book launch event at The Doylestown Bookshop from 7 to 9 p.m.

The book has recently received additional coverage from USA Today and The Huffington Post.
Posted at 11:07 AM by Howard Bashman



"Pregnancy discrimination: Special delivery." At the "Democracy in America" blog of The Economist, Steven Mazie has a post that begins, "Activists on warring sides of the abortion debate rarely take the same position when it comes to Supreme Court cases involving women's rights."
Posted at 10:58 AM by Howard Bashman


"Opposition Grows to Removal of Public Case Files": Pamela A. MacLean has this post at her "Trial Insider" blog.
Posted at 10:55 AM by Howard Bashman


"Texas Supreme Court may take up Kountze cheerleading case": The Beaumont Enterprise has this report.
Posted at 09:04 AM by Howard Bashman


"Supreme Court justice underscores constitutional values": The Yale Daily News has this report.
Posted at 09:00 AM by Howard Bashman


"NC court candidates talk experience, fairness": The Associated Press has a report that begins, "Two recent targets of hard-knuckled ads in their run for North Carolina Supreme Court seats said Wednesday they're worried big outside money is harming the public's perception of the courts and discouraging potential future candidates."
Posted at 08:57 AM by Howard Bashman


"Nevada court rules tax on strip clubs legal": The Las Vegas Review-Journal has this report on a ruling that the Supreme Court of Nevada issued yesterday.
Posted at 08:53 AM by Howard Bashman


"After Supreme Court fight, Ramsey takes a quieter role": Brian Haas has this article today in The Tennessean.
Posted at 08:46 AM by Howard Bashman


"Kansas Justices Back Senate Candidate's Withdrawal": This article appears today in The New York Times.

My earlier coverage of yesterday's Kansas Supreme Court ruling appears at this link.
Posted at 08:40 AM by Howard Bashman



"If Mark Fuller resigns or is impeached, there will be 4 open federal judgeships in Alabama": Kent Faulk has this front page article in today's edition of The Birmingham News.
Posted at 08:36 AM by Howard Bashman


"Law firm's success is behind $50M gift to Drexel": In today's edition of The Philadelphia Inquirer, Chris Mondics has an article that begins, "They say it is good to be king. It might be better, though, to be a very successful trial lawyer."
Posted at 08:33 AM by Howard Bashman


Thursday, September 18, 2014

"Congress's Inaction Could Be Legal Basis for Stronger Executive War Powers": Charlie Savage will have this article in Friday's edition of The New York Times.
Posted at 11:11 PM by Howard Bashman


"Alabama judge urged to resign over domestic violence incident": David G. Savage of The Los Angeles Times has this news update.
Posted at 10:08 PM by Howard Bashman


"Barry Bonds' conviction seems to trouble appeals court": Bob Egelko of The San Francisco Chronicle has this news update.

Maura Dolan of The Los Angeles Times has a news update headlined "Barry Bonds' conviction draws dubious reaction from appeals court."

Howard Mintz of The San Jose Mercury News has an update headlined "Barry Bonds case: Conviction reversal seems likely."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Government Slammed at Bonds Obstruction Hearing."

You can view the video of today's en banc Ninth Circuit oral argument in United States v. Barry Bonds via this link.
Posted at 09:45 PM by Howard Bashman



"Death row inmates contest Tenn. electric chair law": The Associated Press has this report.
Posted at 09:34 PM by Howard Bashman


"Scalia's Liberal Streak: The conservative justice's most brilliant -- and surprisingly progressive -- moments on the bench." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 08:55 PM by Howard Bashman


"A choice of evils: Should democracies use torture to protect against terrorism?" Law professor Alan M. Dershowitz has this op-ed in today's edition of The Boston Globe.
Posted at 08:53 PM by Howard Bashman


"Court permits Taylor to withdraw from Senate race; Roberts, Orman left to fight through 2014 campaign": Tim Carpenter of The Topeka Capital-Journal has this news update.

The Kansas City Star has a news update headlined "Kansas court scrubs Democrat Chad Taylor from ballot for U.S. Senate."

You can access today's ruling of the Supreme Court of Kansas at this link.
Posted at 05:50 PM by Howard Bashman



"A Conversation with U.S. Supreme Court Associate Justice Stephen G. Breyer": Yale University has posted the video of today's event online at YouTube, and you can access it via this link.
Posted at 05:47 PM by Howard Bashman


Hey Fifth Circuit -- Don't ever change: Last night I had this post in which I had a little fun with the Fifth Circuit's newly announced "no change" policy for cash payments.

Today, I received an email from Lyle W. Cayce, the Clerk of the U.S. Court of Appeals for the Fifth Circuit regarding that new policy. He has given me permission to republish his email here:

I noted your comment regarding our change in policy on your blog yesterday. I don't think our posted announcement explained adequately why we made the change, so I have updated that announcement. As your blog entry prompted me to update the announcement, I wanted to personally provide you some additional information regarding the change.

To begin, we are one of the few appellate courts that actually still makes change for cash customers. Making change requires us to maintain a special Imprest Fund, and to designate cashiers and back up cashiers for the fund. We have to make monthly audits and reports regarding this fund, and internal controls intended to reduce the risk of loss or theft require me to designate different employees to receive, receipt, store, issue, and account for the funds. At one time, the fund was quite large and useful, as most of our transactions were cash transactions. But in recent years, we have ever fewer cash customers. Today we rarely get cash over the counter, and even more rarely are asked to provide change. In fact, my cashiers recall only two occasions in the past year when our office had to make change for over the counter cash customers. All of this is likely due to our changing economy and the proliferation of other methods of payment, especially credit and debit card transactions.

As to timing and impetus for the change, however, I approved this change as a result of a recommendation from the Administrative Office of the Courts made in August. The Administrative Office recommended the Fifth Circuit Clerk's Office end our change making service because the US Treasury Office seeks to eliminate the remaining change making funds that still exist in executive agencies and the courts. After I verified that only two customers requested change last year, I determined this would not significantly burden the public or bar. Conversely, eliminating the fund would eliminate significant administrative burdens occasioned by the existence of the fund. This is important for our office, given our recent reductions in personnel, including the loss of two financial and budget positions in my office.

I hope that this information is helpful to you. Thank you for visiting our web page and keeping current with Fifth Circuit matters.

Thank you for sharing that more detailed explanation of the thinking behind the Fifth Circuit's forthcoming "no change" policy.

Lest anyone fear that "How Appealing" garners a great deal of behind-the-scenes comments from appellate court systems, I am pleased to report that the only appellate courts that have seen fit to comment on or offer corrections to "How Appealing" posts this week are the Fifth Circuit and the U.S. Supreme Court (see the update to this earlier post).
Posted at 05:40 PM by Howard Bashman



"Federal Judge Accused of Assaulting Wife Is Urged to Resign": Alan Blinder of The New York Times has this report.

And AL.com has reports headlined "Mark Fuller attorney mum on client's future as 4 more Congressmen call for judge's resignation" and "Birmingham activists satisfied by congressional calls for judge's removal after domestic violence, cancel planned Montgomery court protest."
Posted at 04:42 PM by Howard Bashman



"Circuit court judges appear sympathetic to roadless rule challenge": Jeremy P. Jacobs of Greenwire has this report.
Posted at 04:40 PM by Howard Bashman


"Federal appeals judge: Argentina's bullying a bank." The Associated Press has this report.

Reuters reports that "Citigroup takes Argentine bond payment case to U.S. appeals court."

And Bloomberg News reports that "Citibank Tells Court Argentina Has a Gun to Its Head."
Posted at 04:15 PM by Howard Bashman



"Lawmakers call for resignation of judge charged with domestic violence": CBS News has this report.
Posted at 12:50 PM by Howard Bashman


Second Circuit affirms dismissal of the Republic of Iraq's suit against numerous defendants alleged to have conspired with Saddam Hussein to corrupt and plunder the UN-administered Oil-for-Food Programme: You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.

Update: In early news coverage, Jonathan Stempel of Reuters reports that "Iraq loses U.S. appeal over U.N. oil-for-food program suit."

And Courthouse News Service reports that "Iraq Oil-for-Food Case Kept Down on Appeal."
Posted at 12:00 PM by Howard Bashman



"The Moment at Hand": Linda Greenhouse has this essay online at The New York Times.
Posted at 11:50 AM by Howard Bashman


Ninth Circuit to stream live today's en banc oral argument in United States v. Barry Bonds: The oral argument is scheduled to begin at 5 p.m. eastern time, 2 p.m. pacific, and once underway you can view it online via this link (click play to begin).

The Ninth Circuit's web site also helpfully provides this page linking to many of the most important filings in the appeal.
Posted at 11:48 AM by Howard Bashman



"Legal observers worry future judicial appointments will be done in secret": Sean Fine has this front page article in today's edition of The Toronto Globe and Mail.
Posted at 11:33 AM by Howard Bashman


Access online the contents of the 2013-2014 Cato Supreme Court Review: Via this link.

In response to one of the essays contained therein -- law professor Richard A. Epstein's essay titled "The Defeat of the Contraceptive Mandate in Hobby Lobby: Right Results, Wrong Reasons" -- Ed Whelan has a post this morning at National Review Online's "Bench Memos" blog titled "Contra Richard Epstein on Hobby Lobby."
Posted at 11:14 AM by Howard Bashman



"Trial lawyer Kline gives $50M to Drexel law school": Chris Mondics has this front page article in today's edition of The Philadelphia Inquirer.

And The Associated Press reports that "Trial lawyer gives $50M to Drexel law school."
Posted at 11:02 AM by Howard Bashman



"Mixed signals on same-sex marriage": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 10:35 AM by Howard Bashman


"Sen. Jeff Sessions, Sen. Richard Shelby call for Mark Fuller's resignation": AL.com has this report.

And The Atlanta Journal-Constitution reports that "GOP senator urges Alabama judge accused of wife assault to resign."
Posted at 09:02 AM by Howard Bashman



"New York Times reporter provides Constitutional analysis": The Michigan Daily has an article that begins, "To honor the 227th anniversary of the U.S. Constitution's signing, Adam Liptak, U.S. Supreme Court correspondent for The New York Times, spoke Wednesday afternoon about the Roberts court and the Constitution's role in public policy today."
Posted at 08:55 AM by Howard Bashman


"A profile in political cowardice: Republicans railroad the nomination of Debo Adegbile, and Democrats let it happen." Columnist Errol Louis has this op-ed in today's edition of The New York Daily News.
Posted at 08:53 AM by Howard Bashman


"Court upholds civil verdict against LAPD for withholding evidence": Maura Dolan of The Los Angeles Times has this report.

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "LA Police Liable for Withholding Evidence of Innocence."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:47 AM by Howard Bashman



"Oklahoma asks court to dismiss lawsuit brought in wake of botched execution; Plaintiffs in lawsuit, including ACLU and The Guardian, claim bearing witness to executions is first amendment right": The Guardian (UK) has this report.
Posted at 08:44 AM by Howard Bashman


"Barry Bonds case: Court to rehear home-run king's appeal." Howard Mintz of The San Jose Mercury News has this report.
Posted at 08:42 AM by Howard Bashman


Wednesday, September 17, 2014

"Effective September 24, 2014, the Clerk's Office will no longer provide change to paying customers. Exact change will be required if you choose to pay with cash." The U.S. Court of Appeals for the Fifth Circuit posted this announcement online today.

Imagine, hypothetically, that the first customer of the day pays exact change to the Fifth Circuit's clerk's office for a payment due of $4.00. Assume further that the second customer of the day owes a fee of $6.00 but only has two $5 bills. Presumably in this hypothetical scenario, at least, the Fifth Circuit's clerk's office actually could provide change to the second customer of the day if it wanted to.
Posted at 10:44 PM by Howard Bashman



"A Conversation Between Justice Ruth Bader Ginsburg and Professor Robert A. Stein": You can view at this link the video of Justice Ruth Bader Ginsburg's remarks yesterday at the University of Minnesota Law School.
Posted at 10:03 PM by Howard Bashman


"High court: Photography law is 'unconstitutional.'" The San Antonio Express-News has this report on a ruling that the Court of Criminal Appeals of Texas issued today.

According to the article, "The law had banned taking photos or videos of anyone in public without consent if they were to be used for sexual gratification."
Posted at 09:35 PM by Howard Bashman



"Coming of Age for the Federal Circuit": Law professor Robin Feldman will have this article in a forthcoming issue of The Green Bag.
Posted at 09:23 PM by Howard Bashman


In reports from The National Law Journal's "Supreme Court Brief": Marcia Coyle reports that "Orrick Hires Five Former Supreme Court Clerks" (freely access the full text via Google News) and "Professor Examines Nixon, Hoover Role in Fortas' Fall" (freely access the full text via Google News).

And Tony Mauro has an article headlined "Arm in a Cast, Sotomayor Tours Oklahoma and Meets Tribal Leaders" (freely access the full text via Google News).
Posted at 09:18 PM by Howard Bashman



"Gucci, Tiffany dealt blow in fake goods case against China banks": Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 08:42 PM by Howard Bashman


"Book Review: David Lat's Supreme Ambitions." Steve Klepper has this post today at the "Maryland Appellate Blog."
Posted at 08:40 PM by Howard Bashman


"Schooling the Supreme Court on Rap Music: Is it art or a true threat of violence?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:16 PM by Howard Bashman


"Opponents of Wisconsin voter ID law seek reversal of court's decision": Patrick Marley of The Milwaukee Journal Sentinel has this news update.

The Wisconsin State Journal reports that "Groups appeal voter ID ruling, allege 'eleventh-hour' changes will disenfranchise thousands."

And Bloomberg News reports that "Wisconsin Voter ID Ruling Assailed in ACLU Reversal Bid."

I linked to the petition for rehearing en banc filed late yesterday in the U.S. Court of Appeals for the Seventh Circuit in this post earlier today.
Posted at 05:08 PM by Howard Bashman



"Model Networking Site Must Face Rape Victim's Lawsuit": Karen Gullo of Bloomberg News has this report.

And Courthouse News Service reports that "Claim by Woman Raped by Model Mayhem Users Revived by 9th Circ."

My earlier coverage of today's Ninth Circuit ruling can be accessed here.
Posted at 04:58 PM by Howard Bashman



"Richard Shelby: Judge Mark Fuller should resign." Mary Orndroff Troyan and Brian Lyman of The Montgomery Advertiser have a news update that begins, "Sen. Richard Shelby on Wednesday called for U.S. District Judge Mark Fuller to step down from the bench, joining a growing chorus of federal lawmakers seeking the judge's resignation after his arrest on domestic violence charges last month."
Posted at 04:55 PM by Howard Bashman


The Pa. Supreme Court denies review of four rulings addressing the impact of federal preemption, in the aftermath of Mensing and Bartlett, on state law personal injury claims brought by plaintiffs injured as the result of ingesting Reglan and/or metoclopramide: I will link to the specific orders of the Supreme Court of Pennsylvania, docketed this afternoon, denying review in all four cases when they are posted online later today. (Update: The orders denying review can be accessed here, here, here, and here.)

Back on June 29, 2013, I had this post linking to the Pa. Superior Court's rulings in all four cases, which I had orally argued on appeal on behalf of the plaintiffs.

Update: In early news coverage, P.J. D'Annunzio of The Legal Intelligencer reports that "Justices Decline to Hear Reglan Preemption Cases." You can freely access the full text of the article via Google News.

And Law360.com reports that "Pa. High Court Nixes Appeal In Reglan Preemption Battle" (subscription required for full access).
Posted at 03:11 PM by Howard Bashman



"Barry Bonds appeal heads back to court": The Associated Press has this report.

Tomorrow, an 11-judge panel of the U.S. Court of Appeals for the Ninth Circuit will convene a rehearing en banc in the case.
Posted at 02:54 PM by Howard Bashman



Federal Circuit evades the allure of Fed. R. Civ. P. 19(a), votes to deny rehearing en banc of mandatory joinder issue: You can access today's order of the U.S. Court of Appeals for the Federal Circuit denying rehearing en banc, and the concurrence and two dissents therefrom, at this link.
Posted at 01:54 PM by Howard Bashman


Model Mayhem indeed: Construing the Communications Decency Act, the U.S. Court of Appeals for the Ninth Circuit today reversed a district court's dismissal of a failure to warn claim against the owner of the Model Mayhem website.

According to today's Ninth Circuit ruling, the plaintiff -- an aspiring model -- alleged that two rapists used the website to lure her to a fake audition, where they drugged her, raped her, and recorded her for a pornographic video. Today's decision holds that the Communications Decency Act did not bar plaintiff's claim under California law alleging that the owner of the Model Mayhem site is liable for negligent failure to warn.

In April 2012, Courthouse News Service reported on the filing of the lawsuit in an article headlined "Model Claims Website Hushed Up Rapes."
Posted at 01:45 PM by Howard Bashman



"It is this bedrock principle -- known as the heckler's veto doctrine -- that the panel overlooks, condoning the suppression of free speech by some students because other students might have reacted violently." So writes Circuit Judge Diarmuid F. O'Scannlain, in his dissent from a denial of rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued today.

My coverage of the original three-judge panel's ruling (which reissued today in amended form) appeared in a post titled "Ninth Circuit rules that high school administrators did not violate the First Amendment by barring students from coming to school on Cinco de Mayo with shirts containing the American flag."

Update: In early coverage, Howard Mintz of The San Jose Mercury News has a report headlined "American flag T-shirt case: Court refuses to rehear challenge."

Bob Egelko of The San Francisco Chronicle reports that "Morgan Hill schools' ban on U.S. flag shirts upheld."

And The Associated Press reports that "Court won't reconsider school's US flag shirt ban."
Posted at 01:38 PM by Howard Bashman



"Arguments in Gilbert church sign case set for 2015": Howard Fischer of The East Valley Tribune has this report.
Posted at 12:04 PM by Howard Bashman


"VirnetX to Vringo's Lost Millions Show Patent Peril": Susan Decker of Bloomberg News has this report, in which she notes that "[a] dozen smaller claims have been tossed by trial judges after the U.S. Supreme Court limited software patents in June."
Posted at 10:50 AM by Howard Bashman


"BP Pulls Old College Trick, Fiddles With Line Spacing to Beat Court Filing Page Limit": Elliot Hannon has this post online at Slate.
Posted at 10:45 AM by Howard Bashman


"The Disappearing 'Undue Burden' Standard for Abortion Rights": Jeffrey Toobin has this daily comment online at The New Yorker.
Posted at 10:42 AM by Howard Bashman


"The Supreme Court takes a civil case on the sanctity of jury deliberations": Senior U.S. District Judge Richard G. Kopf has this interesting post today at his "Hercules and the Umpire" blog.
Posted at 10:40 AM by Howard Bashman


"Assessing the Supreme Court": Erwin Chemerinsky has this op-ed in today's edition of The Orange County Register.
Posted at 08:57 AM by Howard Bashman


"Supreme Court ruling hasn't stopped police from warrantless requests for data; Police continue to request Canadians' personal information from telecoms; Sometimes with a warrant, sometimes without a warrant": This front page article appears in today's edition of The Toronto Star.
Posted at 08:55 AM by Howard Bashman


She sells Seychelles: The Seychelles News Agency reports that "Seychelles Supreme Court re-opens; acting CJ calls for the justice system to be revitalized into a centre of judicial excellence for the region."
Posted at 08:50 AM by Howard Bashman


"Tories fast-tracked Supreme Court appointment after Globe report": Today's edition of The Toronto Globe and Mail contains a front page article that begins, "The federal government says it abandoned its normal process when it named Justice Clement Gascon to the Supreme Court in June because it was worried about leaks to The Globe and Mail detailing the flawed selection process used to choose the last candidate."

And CBC News reports that "Harper sidestepped MPs on Supreme Court pick due to Nadon 'leaks'; Justice Minister Peter MacKay's claims 'a bit rich,' says NDP MP Francoise Boivin."
Posted at 08:44 AM by Howard Bashman



"Targeted killings and the rule of law: Tactic is here to stay; legal system needs to catch up with military technology." Law professor Alan M. Dershowitz has this op-ed in today's edition of The Boston Globe.
Posted at 08:40 AM by Howard Bashman


"Will the Supreme Court Let Arizona Fight Gerrymandering? Voters cut their legislature out of the redistricting process; Now legislators want the Supreme Court to deal them back in." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 08:35 AM by Howard Bashman


"Read the En Banc Brief in 7th Circuit Wisconsin Voter ID Case": Rick Hasen has this post today at his "Election Law Blog." You can access the petition for rehearing en banc at this link.
Posted at 08:33 AM by Howard Bashman


"Justice Ginsburg shares her views at U forum -- up to a point": In today's edition of The Pioneer Press of St. Paul, Minnesota, Elizabeth Mohr has an article that begins, "At times deeply personal and funny, but ever the socially relevant public figure-cum-pop icon she's known to be, U.S. Supreme Court Justice Ruth Bader Ginsburg appeared at the University of Minnesota on Tuesday evening for an intimate conversation."
Posted at 08:26 AM by Howard Bashman


"Justice Clarence Thomas warns of constitutional ignorance during UT Tyler appearance": The Tyler (Tex.) Morning Telegraph has this report.
Posted at 08:22 AM by Howard Bashman


Tuesday, September 16, 2014

"FSU colleagues, friends, family remember Markel": Sean Rossman of The Tallahassee Democrat has a news update that begins, "Slain Florida State University College of Law professor Dan Markel's reputation as a publishing dynamo and generous academic with boundless talent played second string to memories of his personal charms at a memorial held in his honor Tuesday."

And earlier today, Florida's Capitol News Service had a report headlined "No answers in law professor's death 2 months later."
Posted at 09:42 PM by Howard Bashman



"Happy Constitution Day! Too bad it's almost certainly unconstitutional." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:35 PM by Howard Bashman


The Eleventh Circuit adjusts to having two judges with the last name Pryor: As shown in a published opinion issued today, Circuit Judge William H. Pryor, Jr. will be shown in the listing of judges as "William Pryor."

As part of today's ruling, Judge Pryor issued an opinion concurring in part and dissenting in part. And the majority opinion, which has a snappy opening paragraph, appears to be the first published majority opinion written by Circuit Judge Robin S. Rosenbaum.
Posted at 09:24 PM by Howard Bashman



"Michelle MacDonald: Jurors shown video of Supreme Court candidate's DWI arrest." The Pioneer Press of St. Paul, Minnesota has this news update.
Posted at 08:32 PM by Howard Bashman


"Ginsburg: Watch 6th Circuit on gay marriage." The Associated Press has this report.
Posted at 08:27 PM by Howard Bashman


"Iowa Supreme Court allows telemed-abortion system to continue": The Des Moines Register has a news update that begins, "The Iowa Supreme Court decided today to let Planned Parenthood of the Heartland continue using its controversial video-conferencing method for dispensing abortion pills -- for the time being."
Posted at 08:20 PM by Howard Bashman


Federal appellate judges have daughters too: And sometimes one serves in the U.S. House of Representatives.

Today, U.S. Representative Martha Roby (R-AL), the daughter of Senior Eleventh Circuit Judge Joel F. Dubina, issued a news release titled "Domestic Abuse Cannot Be Tolerated; Judicial disciplinary process must play out."

In news coverage, Mary Troyan of The Montgomery Advertiser has a news update headlined "Roby: Judge Mark Fuller deserves no special treatment."

And AL.com has a report headlined "Rep. Martha Roby on Mark Fuller: 'This is a very serious matter ... domestic abuse cannot be tolerated.'"
Posted at 08:00 PM by Howard Bashman



"There is news and then there is The New York Daily News": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 04:58 PM by Howard Bashman


"FSU to hold Dan Markel memorial this afternoon": Sean Rossman of The Tallahassee Democrat has this news update.
Posted at 02:26 PM by Howard Bashman


"U.S. court throws out VirnetX $368 million patent award vs. Apple": Jonathan Stempel of Reuters has this report on the ruling that a unanimous two-judge panel of the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 02:13 PM by Howard Bashman


"Kansas justices dive into ballot dispute with Kobach, Taylor; Shawnee County DA attempting to exit Senate campaign": Tim Carpenter of The Topeka Capital-Journal has this news update.

Dave Helling of The Kansas City Star has a news update headlined "Kansas high court hears Chad Taylor's plea to get off Senate ballot."

Bryan Lowry of The Wichita Eagle has a news update headlined "Justices question why Democrat Chad Taylor can't withdraw from Senate race."

The Associated Press reports that "Kansas judges question why Democrat kept on ballot."

And at his "Election Law Blog," Rick Hasen has a post titled "Live Blogging #KSSEN Taylor v. Kobach: Analysis."
Posted at 12:50 PM by Howard Bashman



"A Guantanamo Test Case for the 'New' D.C. Circuit": Steve Vladeck has this post today at the "Just Security" blog.
Posted at 11:16 AM by Howard Bashman


Today is the official publication date of my wife's first novel, "Predator": In addition to everything else she does, my wife -- Janice Gable Bashman -- is a published author. And today is the publication date of her first novel.

You can view the book cover at this link. The book, a young adult novel, is available for order on Amazon in paperback and e-reader formats.

According to Suspense Magazine, "Every twist and fascinating revelation fell into place smoothly, with an ending that will leave readers wanting more. With this kind of originality on the page, it is exciting to speculate at the surprises Bashman will unveil next."
Posted at 11:14 AM by Howard Bashman



"The Fall of the House of Boggs: The bizarre Ecuadorean lawsuit that destroyed a Washington institution." Paul M. Barrett has this article online at Politico Magazine.
Posted at 11:02 AM by Howard Bashman


"Detentions of war: How can US keep terror suspects with no hope of trial, but espouse due process?" Alan M. Dershowitz has this op-ed in today's edition of The Boston Globe.
Posted at 10:30 AM by Howard Bashman


"The law school is hosting a memorial event in honor of our deceased friend and colleague on Tuesday, September 16, 2014." The Florida State University College of Law this afternoon is hosting a memorial ceremony. Via "TaxProf Blog," you can access more information about this afternoon's event at this link.
Posted at 10:22 AM by Howard Bashman


"Kansas election law looms large in US Senate race": The Associated Press has a report that begins, "The Kansas Supreme Court will hear arguments Tuesday over whether the Democrat who wants to drop out of the U.S. Senate race must stay on the ballot, a dispute that could have a big effect on Republicans recapturing a Senate majority."
Posted at 10:15 AM by Howard Bashman


"Who Speaks For the Bench About Surveillance?" Former U.S. District Judge Nancy Gertner has this op-ed in this week's issue of The National Law Journal.

You can freely access the full text of the op-ed via Google News.
Posted at 10:02 AM by Howard Bashman



"Patriot Awards Gala recognizes well-known names for dedication to U.S. Military": The Daily Beacon, the student newspaper of the University of Tennessee, has this report. According to the article, "The awards show culminated with the Congressional Medal of Honor Society's Patriot Award, the most distinguished recognition the society offers. The 2014 Patriot Award went to Supreme Court Justice Samuel Alito for his dissenting opinion on the Stolen Valor Act."

And yesterday, WSJ.com's "Law Blog" had a post titled "Justice Alito Urges Congress to Protect Nation's Military Honors System."

You can access online the video of Justice Samuel A. Alito, Jr.'s remarks at the event via this link (beginning at approximately the 20-minute mark).
Posted at 09:58 AM by Howard Bashman



"U.S. Supreme Court Justice To Oklahoma Audience: 'There Is Value To Failure.'" KGOU, an NPR station at the University of Oklahoma, posted online at this link the audio of "Justice Sonia Sotomayor's fireside chat with students and faculty of the University of Oklahoma College Of Law on September, 12, 2014."
Posted at 09:48 AM by Howard Bashman


"BP Seeks Access to $750 Million Transocean Insurance": Bloomberg News has this report on a case being argued today before the Supreme Court of Texas on certified question from the U.S. Court of Appeals for the Fifth Circuit.
Posted at 09:45 AM by Howard Bashman


"Judge overheard by juror trashing 'stupid' discrimination case": The New York Daily News yesterday posted online this exclusive report.
Posted at 09:44 AM by Howard Bashman


Change of address: On Oct. 1, 2014, "How Appealing" will have a new online address and a new online host. The exciting details -- including my plan for a new monthly recurring blog feature -- will be announced both here and via this blog's Twitter feed in the very near future. If you show up here on Wednesday, October 1st and no one's home, simply access this blog Twitter feed, which will then display the blog's new online location.

"How Appealing" has proudly been a part of the law.com blog network since April 20, 2006. As I noted in this post from February 2014, the law.com blog network is officially terminating at the end of this month, precipitating this blog's impending change of address and new online host.
Posted at 09:33 AM by Howard Bashman



Monday, September 15, 2014

"Six justices defend rule banning partisan judicial endorsements": The Helena Independent Record has a news update that begins, "Six of the seven Montana Supreme Court justices have filed a friends-of-the-court brief asking a federal judge to uphold a 2008 state judicial rule that prohibits judicial candidates from seeking or accepting partisan endorsements."

I have posted online at this link a copy of the amicus brief.

In somewhat related coverage, earlier this month The Virgin Islands Daily News published an article headlined "Federal court chides V.I. Supreme Court for filing amicus regarding its autonomy from federal court" reporting on a ruling that the U.S. Court of Appeals for the Third Circuit issued late last month.

I have posted online at this link the amicus brief that the Supreme Court of the Virgin Islands filed in the Third Circuit in the case described in the preceding paragraph.
Posted at 10:14 PM by Howard Bashman



"Obama civil rights nominee withdraws": The Associated Press has this report.
Posted at 09:54 PM by Howard Bashman


"Tenn. justices name Slatery as attorney general": The Associated Press has this report.

According to the article, "Tennessee is the only state in the country where the high court names the attorney general."
Posted at 09:04 PM by Howard Bashman



"Second Actor Sues Google Over 'Innocence of Muslims'; Gaylord Flynn says his own performance has been violated": Eriq Gardner has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 09:00 PM by Howard Bashman


"A Thousand-Dollar Bill: The Supreme Court is wrong about the influence you can buy with less than $5,200." Law professor Usha Rodrigues has this jurisprudence essay online at Slate.
Posted at 08:57 PM by Howard Bashman


"Stay extended on Indiana same-sex marriage case pending Supreme Court decision": The Indianapolis Star has this news update.

And The Milwaukee Journal Sentinel has a news update headlined "Court puts Indiana gay marriages on hold until U.S. Supreme Court acts."

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



"Minnesota Supreme Court candidate's drunken driving trial begins": The Pioneer Press of St. Paul, Minnesota has this news update.
Posted at 08:25 PM by Howard Bashman


"T-Shirt Business Made Fair Use of Madison Mayor's Photo, Seventh Circuit Says": WisBar News has this report.

Circuit Judge Frank H. Easterbrook wrote today's ruling of the U.S. Court of Appeals for the Seventh Circuit on behalf of a unanimous three-judge panel.
Posted at 08:20 PM by Howard Bashman



"Dean Minow talks with Associate Justice Elena Kagan '86 at HLS": Last Wednesday, Harvard Law School posted this video online at YouTube.
Posted at 08:06 PM by Howard Bashman


"Absentee ballot mailings halted in push to restart voter ID law": Jason Stein and Patrick Marley of The Milwaukee Journal Sentinel have this news update.

The Capital Times of Madison, Wisconsin reports that "Clock is ticking to get a Wisconsin voter ID before November election, faster in some areas."

And The Associated Press reports that "Wisconsin election officials scramble on voter ID."
Posted at 04:15 PM by Howard Bashman



"High stakes for tribal casinos in court fight over labor rights": Amanda Becker of Reuters has this report.
Posted at 04:02 PM by Howard Bashman


"Senate Judiciary Committee chairman urges PACER to restore access to removed case archives": Andrea Peterson had this entry last Friday at "The Switch" blog of The Washington Post.
Posted at 04:00 PM by Howard Bashman


"SJC rules for Tesla in fight with car dealers": John R. Ellement of The Boston Globe has a news update that begins, "Tesla today won a victory in its effort to sell its high-end all-electric cars directly to Massachusetts consumers instead of having to use traditional car dealerships that rely on franchise licenses with carmakers."

You can access today's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 01:08 PM by Howard Bashman



"Surveillance and privacy: Snowden case reveals a program with few checks and little accountability." Law professor Alan M. Dershowitz has this op-ed in today's edition of The Boston Globe.
Posted at 01:02 PM by Howard Bashman


"Mississippi Death Row Appeal Highlights Shortcomings of Bite-Mark Identifications": Erik Eckholm will have this article in Tuesday's edition of The New York Times.
Posted at 01:00 PM by Howard Bashman


"Challenging the Privacy of Statements Inside the Jury Room": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 12:50 PM by Howard Bashman


"Appeals Court Rejects Suit Alleging Race Bias in Special Education Placements": Mark Walsh has this post today at the "School Law" blog of Education Week.

My earlier post noting last Friday's lengthy Third Circuit ruling can be accessed here.
Posted at 10:58 AM by Howard Bashman



"D.C. Circuit won't televise NSA arguments": Josh Gerstein of Politico.com has this blog post today.
Posted at 10:52 AM by Howard Bashman


Sunday, September 14, 2014

"Supreme Court ruling has wiped out 11 'do it on a computer' patents so far; The balance of power is changing as courts vigorously apply Alice v. CLS Bank": Joe Mullin of Ars Technica has this report.
Posted at 10:00 PM by Howard Bashman


"Lecture will feature 2 retired US Supreme Court justice on same New Hampshire stage": The Associated Press has this report.
Posted at 09:37 PM by Howard Bashman


"U.S. Supreme Court Justice Clarence Thomas to speak Tuesday": The Tyler (Tex.) Morning Telegraph has this report.
Posted at 09:32 PM by Howard Bashman


"War of principles: How should a democracy decide when to compromise its ideals in pursuit of victory?" Law professor Alan M. Dershowitz has this op-ed in today's edition of The Boston Globe.
Posted at 10:22 AM by Howard Bashman


Saturday, September 13, 2014

"Building Legacy, Obama Reshapes Appellate Bench": In Sunday's edition of The New York Times, Jeremy W. Peters will have a front page article that begins, "Democrats have reversed the partisan imbalance on the federal appeals courts that long favored conservatives, a little-noticed shift with far-reaching consequences for the law and President Obama's legacy."
Posted at 11:07 PM by Howard Bashman


"Software patents are crumbling, thanks to the Supreme Court": Timothy B. Lee has this post online at Vox.
Posted at 09:04 PM by Howard Bashman


"In Lisner talk, Ginsburg champions Equal Rights Amendment": The GW Hatchet has this blog post.
Posted at 09:00 PM by Howard Bashman


"Markell considering 4 for Supreme Court vacancy": Sean O'Sullivan of The News Journal of Wilmington, Delaware has this report.
Posted at 08:50 PM by Howard Bashman


"Justices Get Schooled in Rap; Amicus briefs emerge in First Amendment case": Tony Mauro will have this article in Monday's edition of The National Law Journal.

You can freely access the full text of the article via Google News.
Posted at 08:44 PM by Howard Bashman



"Justice Sotomayor speaks at OU College of Law": This front page article appears today in The Norman (Okla.) Transcript.
Posted at 08:40 PM by Howard Bashman


Just another 178-page federal appellate court opinion: A three-judge panel of the U.S. Court of Appeals for the Third Circuit issued this decision yesterday, consisting of a 124-page opinion of the court, a one-page concurring opinion, and a 53-page opinion concurring in part and dissenting in part.
Posted at 02:15 PM by Howard Bashman


"Both Sides Cite Urgency in Court Appeal of a Texas Law on Abortion Clinics": Manny Fernandez has this article in today's edition of The New York Times.

Bloomberg News reports that "Texas Claims Abortion Restrictions Don't Pose Burden."

The Associated Press reports that "Texas asks court to allow closure of most clinics."

And Courthouse News Service reports that "5th Circuit Weighs Arguments on Texas Abortion Law Appeal."

You can access at this link (mp3 audio file) the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.
Posted at 01:57 PM by Howard Bashman



"Federal Appeals Court Permits Wisconsin Voter ID Law": This article appears in today's edition of The New York Times.

In today's edition of The Milwaukee Journal Sentinel, Patrick Marley and Jason Stein have a front page article headlined "Appeals panel reinstates Wisconsin's voter ID law."

The Associated Press reports that "Appeals court reinstates Wisconsin's voter ID law."

Bloomberg News reports that "Wisconsin Wins Bid to Enforce Voter ID Rule in November."

And Reuters reports that "Appeals court gives temporary okay to Wisconsin voter ID law."

You can access yesterday's order of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 01:45 PM by Howard Bashman



"Racial-profiling plaintiff becomes federal judge": The Associated Press has this report.

And at "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "D.C. Circuit Judge Robert Wilkins Sworn In." You can freely access the full text of the blog post via Google News.

Yesterday was the ceremonial investiture, as D.C. Circuit Judge Robert L. Wilkins has been serving in that post since January 2014.
Posted at 10:00 AM by Howard Bashman



"A Conversation with Justice Ruth Bader Ginsburg": You can view the video of yesterday's event at this link.

Yesterday, I had this post linking to news coverage of the event.
Posted at 09:52 AM by Howard Bashman



"Porn conviction tossed over military's surveillance role": Bob Egelko of The San Francisco Chronicle has this blog post.

The Associated Press reports that "Appeals court overturns child porn conviction."

And Courthouse News Service reports that "Navy Guilty of Illegally Broad Online Searches."

My earlier coverage of yesterday's ruling of a divided three-judge Ninth Circuit panel can be accessed here.
Posted at 09:45 AM by Howard Bashman



Friday, September 12, 2014

"Lawyer to appeal to high court on gay conversion": The Associated Press has a report that begins, "An attorney for people seeking to overturn New Jersey's ban on so-called gay conversion therapy says he will petition the U.S. Supreme Court to hear the case."
Posted at 04:44 PM by Howard Bashman


"What cases matter most to Justice Scalia? Supreme Court justice speaks to San Diego lawyer's group." The San Diego Union-Tribune has this report.
Posted at 04:42 PM by Howard Bashman


"Supreme Court justice Sotomayor meets with groups in Oklahoma; Associate Justice Sonia Sotomayor discussed diversity, the legal profession and the lessons of 9/11 during an appearance Thursday at Oklahoma City University": The Oklahoman has this report.
Posted at 04:40 PM by Howard Bashman


"Ginsburg Speaks Out on Congress, Women and the Constitution": Tony Mauro has this post at "The BLT: The Blog of Legal Times."

You can freely access the full text of the post via Google News.
Posted at 04:37 PM by Howard Bashman



"Hawver appears at Kansas Supreme Court dressed as Thomas Jefferson; Attorney faces possible disbarment for mistakes made in Philip Cheatham capital murder case": Steve Fry of The Topeka Capital-Journal has this news update.
Posted at 01:32 PM by Howard Bashman


Majority on divided three-judge Ninth Circuit panel reverses child pornography conviction due to the NCIS's violation of the Posse Comitatus Act: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:28 PM by Howard Bashman


"Appeals panel questions why voter ID shouldn't be in place Nov. 4": Patrick Marley of The Milwaukee Journal Sentinel has this news update.

The Associated Press reports that "Appeals court to decide on Wisconsin voter ID law."

And Bloomberg News reports that "Wisconsin Urges Voter ID Restoration Ahead of Elections."
Posted at 12:54 PM by Howard Bashman



"Retired federal judge weighs in on Fuller charges": WIAT 42 News, of Birmingham, Alabama's CBS affiliate, has this report.
Posted at 09:47 AM by Howard Bashman


"Federal appeals judges to hear Wisconsin voter ID arguments": Patrick Marley of The Milwaukee Journal Sentinel has this report.

Bloomberg News reports that "Wisconsin Seeks to Revive Voter Photo ID Rule for Nov. 4."

And The Associated Press reports that "Appeals court to decide on Wisconsin voter ID law."
Posted at 08:40 AM by Howard Bashman



"Support for death penalty falls to 50-year low, Field Poll shows": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "Support for the death penalty among registered voters in California has dropped to 56 percent, the lowest level reported in nearly 50 years but one that still indicates a considerable majority in favor of capital punishment, according to a Field Poll released Friday."
Posted at 08:27 AM by Howard Bashman


"Texas Seeks to Close Abortion Clinics While It Appeals": Bloomberg News has this report.

And The Associated Press reports that "Texas abortion restrictions at US appeals court."
Posted at 08:26 AM by Howard Bashman



Thursday, September 11, 2014

"Pennsylvania challenged over execution drugs secrecy in federal court; The Guardian, ACLU and three Pennsylvania newspapers have asked judge to unseal set of legal documents that contain hidden details about the source of state's lethal injection drugs": The Guardian (UK) has this report.
Posted at 10:03 PM by Howard Bashman


"Sotomayor says race still matters in America": This article appears in today's edition of The Tulsa World.
Posted at 09:45 PM by Howard Bashman


"Court won't release costs of Gitmo camp": Josh Gerstein of Politico.com has this blog post.
Posted at 09:36 PM by Howard Bashman


"72-Hour Wait for Abortion Is Enacted in Missouri": In Friday's edition of The New York Times, John Eligon will have an article that begins, "The Republican-controlled Missouri legislature has enacted one of the most stringent waiting periods for women seeking abortions, overriding a veto by the state's Democratic governor, Jay Nixon."

And The St. Louis Post-Dispatch has a news update headlined "Missouri's waiting period for abortion becomes 72 hours after Nixon's veto overridden."
Posted at 09:30 PM by Howard Bashman



"Judge: Ohio won't bust lying politicians." The Cincinnati Enquirer has this news update.

And The Associated Press reports that "Federal judge rejects Ohio campaign statements law."

At his "Election Law Blog," Rick Hasen links to today's ruling in a post you can access here.
Posted at 09:20 PM by Howard Bashman



"State Supreme Court ousts judge who made improper Web comments": Arkansas News Bureau has this report.

And The Associated Press reports that "Judge posting online about Theron adoption ousted."

You can access today's ruling of the Supreme Court of Arkansas at this link.
Posted at 09:14 PM by Howard Bashman



"Supreme Court finds Legislature in contempt on education funding": The Seattle Times has this report.

The Olympian of Olympia, Washington reports that "Court finds Legislature in contempt in school funding case."

The Associated Press reports that "Washington lawmakers held in contempt on education."

And Reuters reports that "Washington's Supreme Court holds state in contempt over education."

You can access today's order of the Supreme Court of Washington at this link.
Posted at 09:00 PM by Howard Bashman



"Court won't intervene in NFL's concussion settlement": The Philadelphia Inquirer has this news update.
Posted at 08:52 PM by Howard Bashman


Access online the Summer 2014 issue of "Appellate Issues," the newsletter of the ABA's Council of Appellate Lawyers: At this link.

Previous issues of the newsletter can be accessed via this link, including the Summer 2012 issue, which featured an interview with me.
Posted at 08:45 PM by Howard Bashman



"Stop the Anti-Obamacare Shenanigans": Henry J. Aaron, David M. Cutler, and Peter R. Orszag have this Halbig v. Burwell-related op-ed in today's edition of The New York Times.
Posted at 06:02 PM by Howard Bashman


In posts of interest at the "Civil Procedure & Federal Courts Blog": Law professor Patricia W. Moore has recently had series of blog posts (click here and scroll down) on the proposed amendments to the Federal Rules of Civil Procedure, which go before the Judicial Conference next week (and which she opposes).

Professor Moore's latest post, however, is titled "Third Circuit Oral Argument Held in GlaxoSmithKline Diversity Case," noting the appeal that I argued yesterday.
Posted at 05:16 PM by Howard Bashman



"Voting rights cases may be headed back to Supreme Court": Richard Wolf of USA Today has this report.
Posted at 05:03 PM by Howard Bashman


"Voter ID Laws May Worsen Voter Fraud: And is Texas' law intentionally or merely incidentally racist?" Dahlia Lithwick has this jurisprudence essay online today at Slate.
Posted at 05:00 PM by Howard Bashman


"Reward in Markel case increases to $25,000": Sean Rossman of The Tallahassee Democrat has this news update.
Posted at 04:32 PM by Howard Bashman


"Dispute over Duke Ellington royalties in court": The Associated Press has a report that begins, "Jazz composer Duke Ellington's grandson is urging New York's highest court to reinstate his lawsuit seeking half the foreign royalties from Ellington's music for his heirs."
Posted at 03:26 PM by Howard Bashman


"Student and faculty memorial being held for Dan Markel": WTXL-TV, Tallahassee's ABC affiliate, has this report about a memorial scheduled for Tuesday, September 16th.
Posted at 01:42 PM by Howard Bashman


"New Jersey ban on 'gay conversion therapy' is upheld": Jonathan Stempel of Reuters has this report.

And Tony Merevick of BuzzFeed reports that "Federal Appeals Court Upholds New Jersey's Ban On Gay Conversion Therapy For Minors."

Circuit Judge D. Brooks Smith wrote today's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit.

Update: In other coverage, NJ.com reports that "N.J. gay-to-straight conversion therapy ban upheld by U.S. appeals court."

And Bloomberg News reports that "New Jersey Ban on Gay-Conversion Therapy Upheld on Appeal."
Posted at 01:36 PM by Howard Bashman



"There Is Nothing that Interpretation Just Is": Law professor Cass R. Sunstein recently posted this paper online at SSRN (via "Legal Theory Blog").

The paper's abstract begins, "Some people believe that the very idea of interpretation requires judges to adopt a particular method for interpreting the Constitution."
Posted at 01:22 PM by Howard Bashman



"If Judge Fuller won't resign, the Chief Judge of the Circuit and the Circuit Judicial Council should strip him of handling cases for as long as the law allows": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.

Today's edition of The Montgomery (Ala.) Advertiser contains an editorial titled "Mark Fuller can't stay on bench."

The Daily Beast reports that "The Ray Rice of Judges May Keep His Job; The wife of a federal judge in Alabama says he savagely beat her in a hotel room; So why will he probably return to the bench?"

At "The Brad Blog," Brad Friedman has a post titled "NFL's Ray Rice Loses Job for Knocking Out Wife, Federal Judge Mark Fuller Keeps Lifetime Appointment After Beating Wife Bloody."

And at the "She the People" blog of The Washington Post, Diana Reese has an entry titled "From Ray Rice to a federal judge, is the system too lenient in domestic violence cases?"
Posted at 01:05 PM by Howard Bashman



"Sixth Circuit panel finds mandatory 15-year imprisonment term not grossly disproportionate for possession of shotgun shells": Law professor Douglas A. Berman has this post today at his "Sentencing Law and Policy" blog about the ruling of the U.S. Court of Appeals for the Sixth Circuit today in an appeal in which Professor Berman filed a brief and presented oral argument as amicus for appellant.
Posted at 12:55 PM by Howard Bashman


Access online the audio of my oral argument yesterday before a three-judge panel of the U.S. Court of Appeals for the Third Circuit: The court has posted the oral argument audio online at this link. I argued the appeal for plaintiffs-appellants, and Lisa S. Blatt argued the appeal on behalf of the defendant-appellee. The appellate briefs can be accessed via this earlier post.

The three-judge panel consisted of Circuit Judges D. Brooks Smith and Patty Shwartz and Senior Circuit Judge Jane R. Roth.

I previously linked to news coverage of the oral argument in this post from last night. One highlight of the audio -- at one point during Ms. Blatt's presentation she utters the words "Willie Fletcher." Who says you shouldn't seem too familiar with the federal judiciary during an oral argument?
Posted at 12:02 PM by Howard Bashman



A reader's follow-up to my recent post discussing the prevalence of federal appellate judges born in Pennsylvania: If you want to be unique among federal appellate judges, being born in Saudi Arabia or Romania gives you a good head start.

Being born in Pennsylvania, on the other hand, simply won't cut it. As I noted the other day, the Eleventh Circuit is now home to two judges who were born in Pennsylvania.

One of the nice things about this blog is once I head down a path of useless appellate-related trivia, there will be at least one reader (if not more) who is willing to delve even further. This time, reader Jeremy D Horowitz emailed:

Your blog post about the confirmation of Judge [Jill A. ] Pryor piqued my curiosity, so i checked the Federal Judicial Center's judge database (www.fjc.gov). Turns out the Sixth Circuit also has two active judges born in Pennsylvania: David McKeague (born in Pittsburgh in 1946) and Deborah Cook (also born in Pittsburgh, in 1952).

For what it's worth, I found three other Pennsylvania natives among the active judges (though I haven't updated my copy of the database recently, so it's possible there are more among the recent confirmees), all of whom were born in Philadelphia: Roger Gregory (4th Cir.), Edith Jones (5th Cir.), and William Fletcher (9th Cir.).

One recent addition from Pennsylvania: Carolyn McHugh (10th Cir., born in Abington, confirmed this past March).

For whatever reason, however, being born in Pennsylvania does not seem to have been a ticket to serving on the U.S. Supreme Court in recent memory.

For readers seeking to delve even deeper into the issue of judicial birthplaces, here are two additional questions: 1. What state was the place of birth of the most U.S. Court of Appeals judges currently serving?; and 2. What state was the place of birth of the most U.S. Court of Appeals judges who have served between the creation of the U.S. Courts of Appeals and the present time?
Posted at 11:32 AM by Howard Bashman



"The death penalty and the matter of factual innocence": Senior U.S. District Judge Richard G. Kopf had this lengthy and interesting post yesterday at his "Hercules and the Umpire" blog. The post (which invited comments) has already generated 73 comments.
Posted at 11:14 AM by Howard Bashman


"Chief Justice John Roberts speaks at NU next Friday": The Omaha World-Herald has a report that begins, "U.S. Chief Justice John Roberts will speak at the University of Nebraska College of Law on Sept. 19. Roberts will participate in a public conversation with William Jay Riley, chief judge of the U.S. Court of Appeals for the Eighth Circuit."

The event will be streamed live online, and you can access the video once the event gets underway via this link.

Update: The link to access streaming video of the Chief Justice's remarks has been removed because I was incorrect in understanding that the live video feed would be made available to members of the general public.
Posted at 11:10 AM by Howard Bashman



"Missouri Republicans override Gov. Jay Nixon's veto of 72-hour abortion waiting period": The Kansas City Star has this news update.

The Associated Press reports that "Missouri enacts 72-hour abortion waiting period."

And Reuters reports that "Missouri lawmakers override Governor's veto on '72-hour' abortion law."
Posted at 10:34 AM by Howard Bashman



"U.S. court revives Microsoft co-founder's patent suit vs tech companies": Reuters has this report.

Scott Graham of The Recorder reports that "Tech Giants Notch Win Under 'Nautilus.'" You can access the full text of the article via Google News.

And Law360.com reports that "Ex-Microsoft Exec's IP Suit Against Google, Apple Revived" (subscription required for full access).

You can access yesterday's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 08:52 AM by Howard Bashman



"Stalled Georgia Judicial Nominee Presents a Dilemma for Senate Democrats": Todd Ruger, now at Roll Call, has this report.
Posted at 08:46 AM by Howard Bashman


"Federal Appeals Court upholds dismissal of tobacco cases": Jacksonville Business Journal has this report.

Daily Business Review reports that "588 Smoking Lawsuits Up in Smoke." You can freely access the full text of the article via Google News.

And Law360.com reports that "Hundreds Of Engle Progeny Tobacco Suits Axed At 11th Circ." (subscription required for full access).

You can access yesterday's lengthy ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 08:45 AM by Howard Bashman



Wednesday, September 10, 2014

"Radio Shack Coupon Settlement Gets Static From Appeals-Court Judges": Daniel Fisher has this post at Forbes.com.
Posted at 10:04 PM by Howard Bashman


"Edwin Kneedler found a career and a calling arguing before the Supreme Court": Robert Barnes will have this article in Thursday's edition of The Washington Post.
Posted at 09:40 PM by Howard Bashman


"Update on the Supreme Court: Dahlia Lithwick recaps the highlights of the last Supreme Court term and gives a brief preview of the term to come." The Charlottesville Podcasting Network today posted online this podcast (24.6 MB mp3 audio file).

And in other coverage, The Charlottesville Newsplex reports that "Senior Statesmen of Virginia Host Supreme Court Preview."
Posted at 09:35 PM by Howard Bashman



"Third Circuit Weighs GSK's 'Re-Removal' Efforts": Saranac Hale Spencer of The Legal Intelligencer has this report on the case that I argued on behalf of the plaintiffs-appellants today in the U.S. Court of Appeals for the Third Circuit. You can freely access the full text of the article via Goole News. And the appellate briefs filed in the case can be accessed via this link. Once the Third Circuit posts the audio of this oral argument online, I will link to it.

In coverage of the case that I orally argued before a different three-judge Third Circuit panel on Tuesday, Matt Fair of Law360.com reports that "3rd Circ. Asked To Revive Genaera 'Fire Sale' Investor Row" (subscription required for full access).

After presenting my oral argument on Tuesday, I took the elevator down three floors to observe some of the arguments that a third Third Circuit panel was conducting in Courtroom 16-A. The case being argued at the time was Patricia Young v. Pleasant Valley School District, which had been the subject of much news coverage while pending in the trial court. In August 2013, The Morning Call of Allentown, Pennsylvania published an article headlined "Pleasant Valley cleared in teacher sex-talk case; Federal jury rules district did not retaliate against student who complained about teacher's methods." Earlier, in May 2012, The Pocono Record reported that "New trial granted to former teacher Bruce Smith, Pleasant Valley School District." You can access the new trial ruling at this link. And you can access the audio of this very interesting Third Circuit oral argument, which occurred yesterday in Philadelphia, via this link (mp3 audio file).
Posted at 08:35 PM by Howard Bashman



"Supreme Court will consider hearing gay marriage cases": Richard Wolf of USA Today has this report.

Cheryl Wetzstein of The Washington Times reports that "High court to consider another crack at gay marriage."

And at WSJ.com's "Law Blog," Brent Kendall has a post titled "Supreme Court to Discuss Gay Marriage."
Posted at 08:17 PM by Howard Bashman



"Minnesota Supreme Court candidate's DWI trial won't be televised, judge says": The Pioneer Press of St. Paul, Minnesota has this news update.
Posted at 08:14 PM by Howard Bashman


"Religious Employers to Go Ahead With Contraception Lawsuits; Sign That Obama Administration Compromise Won't End Legal Battle": Louise Radnofsky has this article in today's edition of The Wall Street Journal.

You can freely access the full text of the article via Google.
Posted at 06:20 PM by Howard Bashman



"Falling on his words: New Orleans prosecutor with lofty writing style ignites a firestorm when he is unmasked online." Timothy M. Phelps has this front page article today in The Los Angeles Times.
Posted at 05:37 PM by Howard Bashman


"Law school remembers professor after tragedy": Washington Square News today has a report that begins, "A memorial service was held in NYU School of Law's Vanderbilt Hall yesterday to honor Daniel Markel, a former scholar-in-residence at NYU's Law School, who was killed on July 18."
Posted at 05:32 PM by Howard Bashman


"Judge prohibits release of Salt Lake City courthouse shooting video; The family of Siale Angilau, 25, wants to see the footage": The Salt Lake Tribune has this report.
Posted at 03:12 PM by Howard Bashman


"How Scalia's Beliefs Completely Changed the Supreme Court; And therefore, the country": Law professor Justin Driver has this review online at The New Republic of Bruce Allen Murphy's book, "Scalia: A Court of One."
Posted at 02:54 PM by Howard Bashman


In today's mail: I received an advance copy of David Lat's new novel, "Supreme Ambitions." The book includes a character named Howard Bashman who writes a blog titled "How Appealing."
Posted at 02:27 PM by Howard Bashman


Tuesday, September 9, 2014

"Federal judges question why John Doe issue is before them": Patrick Marley of The Milwaukee Journal Sentinel has this news update.

Dee J. Hall of The Wisconsin State Journal has a news update headlined "Appeals judges question federal judicial role in John Doe investigation."

The Associated Press reports that "Court hears arguments over Walker-related probe."

And Bloomberg News reports that "Wisconsin Prosecutors Push to Revive Walker Campaign Case."

You can access here and here (mp3 audio files) the audio of the oral arguments of these cases before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 10:40 PM by Howard Bashman



"Court to Video Stream High-Profile Cases": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 10:32 PM by Howard Bashman


"Court voids much of $180 million award over ConAgra silo fire": Jonathan Stempel of Reuters has this report.

Circuit Judge Frank H. Easterbrook wrote today's ruling of the U.S. Court of Appeals for the Seventh Circuit on behalf of a unanimous three-judge panel.
Posted at 10:28 PM by Howard Bashman



"BP's friends at the Supreme Court: new faces, old arguments." Alison Frankel's "On the Case" from Thomson Reuters News & Insight had this report yesterday.
Posted at 09:55 PM by Howard Bashman


"Same-sex marriage heading for Supreme Court vote?" Mark Sherman of The Associated Press has this report.

And Lawrence Hurley of Reuters reports that "Wisconsin, Indiana ask U.S. justices to hear gay marriage cases."
Posted at 04:03 PM by Howard Bashman



"Dems rally behind labor official who served Obama unlawfully": The Hill has a report that begins, "Senate Democrats on Tuesday rallied to the defense of a former National Labor Relations Board member whose previous appointment to the agency was deemed unconstitutional by the Supreme Court."
Posted at 03:14 PM by Howard Bashman


"Superstar Ray Rice cut from team; will 'superstar' judge Mark Fuller get to play on?" Columnist John Archibald had this essay online yesterday at AL.com.

Also yesterday, AL.com posted online an editorial titled "It's a matter of trust -- Mark Fuller should resign."

And online today at CNN.com, Jeffrey Toobin has a related essay titled "Wife-beating is not a private matter."
Posted at 02:51 PM by Howard Bashman



Monday, September 8, 2014

Programming note: On Tuesday morning, I will be presenting oral argument on behalf of the plaintiff-appellant in the second case on this page to a three-judge panel of the U.S. Court of Appeals for the Third Circuit. Consequently, additional posts will not appear here until Tuesday afternoon.

This is quite a busy week for the Third Circuit in Philadelphia, as three separate panels are sitting this week to hear oral arguments there. Tomorrow morning, when all three panels will be hearing arguments, panel three will be hearing cases in Courtroom 16-A of the Philadelphia courthouse, which is ordinarily a room reserved for trial court proceedings.

On Wednesday morning, I will be back at the Third Circuit to argue an appeal on behalf of plaintiffs-appellants (the second case on this page) before panel two. In this post from early June 2014, I linked to all of the appellate briefs filed in the appeal being argued on Wednesday. Scheduled to argue for the defendant-appellee is attorney Lisa S. Blatt.
Posted at 10:42 PM by Howard Bashman



"Another Reduction in Appellate Brief Length on the Horizon": This new installment of my monthly "Upon Further Review" column will appear in Tuesday's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

You can freely access the full text of the column via Google News.
Posted at 09:34 PM by Howard Bashman



"Court hears arguments over gay marriage's impact": The Associated Press has this report.

Dan Levine of Reuters reports that "Court sharply questions gay marriage bans from three U.S. states."

Maura Dolan of The Los Angeles Times has a news update headlined "9th Circuit judges appear skeptical of same-sex marriage bans."

And The Las Vegas Review-Journal has a news update headlined "Court hears challenge to Nevada's same-sex marriage ban."

You can view the video of today's Ninth Circuit same-sex marriage oral arguments via this link.
Posted at 09:05 PM by Howard Bashman



Next on the Eleventh Circuit's agenda, two judges with the last name Tjoflat: This evening, the U.S. Senate confirmed Jill A. Pryor to the U.S. Court of Appeals for the Eleventh Circuit by a vote of 97-0. You can access the official roll call vote tally at this link.

Consequently, the Eleventh Circuit now has two active judges with the last name Pryor to join its two active judges with the last name Carnes. Astonishingly, however, the court still only has one Tjoflat. My "20 Questions for the Appellate Judge" interview with Circuit Judge Gerald Bard Tjoflat, currently the longest serving federal appellate judge still in active service, can be accessed here.

Interestingly, Judges Tjoflat and Jill A. Pryor were both born in Pennsylvania. If any circuit other than the Third has more than two active judges who were born in Pennsylvania, that would be news to me.
Posted at 07:30 PM by Howard Bashman



"David Lat's first novel, 'Supreme Ambitions,' deftly dissects judicial power, how to get it and how to use (and abuse) it": Senior U.S. District Judge Richard G. Kopf had this post yesterday at his "Hercules and the Umpire" blog.

Although I have yet to receive an advance copy of the book myself, I am advised that the "How Appealing" blog and I make an appearance at some point in the novel.
Posted at 04:08 PM by Howard Bashman



Access online the live video of today's Ninth Circuit same sex marriage oral arguments: Via this link (which is currently up and running, just click play). The oral arguments are scheduled to get underway moments from now, at 4 p.m. eastern time.

Update: At 4:14 p.m. eastern time, the oral arguments are getting underway.
Posted at 03:58 PM by Howard Bashman



"Lillian Gobitas Klose, 90, Dies; Stood Against Mandatory Pledge": The New York Times has posted online this obituary.

Late last month, The Pottsville (Pa.) Republian-Herald published an obituary headlined "Minersville girl made legal history."

And also late last month, The Atlanta Journal-Constitution published an obituary headlined "Lillian Gobitas Klose, 90; Test of faith went to U.S. Supreme Court."
Posted at 03:52 PM by Howard Bashman



"Should the word limit for federal appellate briefs be decreased?" Emil J. Kiehne has this post today at his "New Mexico Appellate Law Blog."

The proposed word count reduction will also be the subject of tomorrow's installment of my monthly "Upon Further Review" column in The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

My earlier posts on the pending proposal can be accessed here and here.
Posted at 01:18 PM by Howard Bashman



"9th Circuit to take up same-sex marriage bans in Idaho, Nevada, Hawaii": Maura Dolan of The Los Angeles Times has this news update.

Dan Levine of Reuters reports that "U.S. appeals court to review gay marriage bans in three states."

Karen Gullo of Bloomberg News reports that "Nevada, Idaho Marriage Cases May Be Appeals Court Deja Vu."

The Associated Press reports that "Hawaii, Idaho, Nevada gay marriage laws in court."

In today's edition of The Arizona Republic, Alia Beard Rau has a front page article headlined "9th Circuit gets 3 cases on same-sex marriage."

And yesterday's edition of The Las Vegas Review-Journal contained an article headlined "Challenge to Nevada's same-sex marriage ban heard Monday." In addition, political columnist Steve Sebelius has an essay titled "No way to win."

The oral argument of these cases is scheduled to begin at 4 p.m. eastern time before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, and you can access a live video feed of the oral argument via this link.
Posted at 09:27 AM by Howard Bashman



"Pennsylvania donors among those upping contributions after Supreme Court ruling": Laura Olson has this front page article in today's edition of The Morning Call of Allentown, Pennsylvania.
Posted at 07:48 AM by Howard Bashman


"Some say N.H. Supreme Court's decision on taxpayer standing a game changer": This front page article appears in today's edition of The Concord Monitor.
Posted at 07:44 AM by Howard Bashman


"Stuart Rabner could make history as longest-serving chief justice of N.J. Supreme Court": Salvador Rizzo has this front page article in today's edition of The Newark Star-Ledger, along with an article headlined "Rabner makes mark on N.J. Supreme Court with rulings on eyewitness testimony, electronic privacy."
Posted at 07:40 AM by Howard Bashman


Sunday, September 7, 2014

"How Corrupt Are Our Politics?" In the September 25, 2014 issue of The New York Review of Books, law professor David Cole will have this review of Zephyr Teachout's new book, "Corruption in America: From Benjamin Franklin's Snuff Box to Citizens United."
Posted at 09:54 PM by Howard Bashman


"Harry Reid Rewrites the First Amendment: When politicians seek to restrict speech, they are invariably trying to protect their own incumbency." Theodore B. Olson will have this op-ed in Monday's edition of The Wall Street Journal.

You can freely access the full text of the op-ed via Google.
Posted at 09:44 PM by Howard Bashman



"Gay marriage and the courts: Too far, too fast?" Steven Mazie has this post today at the "Democracy in America" blog of The Economist.
Posted at 09:40 PM by Howard Bashman


"Legal Use of Marijuana Clashes With Job Rules": Jack Healy will have this article in Monday's edition of The New York Times.
Posted at 09:37 PM by Howard Bashman


"A Legal Test for Rx Labels: When a Warning for a Drug Is Changed, How Fast Must a Knock-Off Respond?" In Monday's edition of The Wall Street Journal, Ed Silverman will have an article that begins, "A new case that could reach the Supreme Court will test generic-drug makers' liability over product labeling."

You can freely access the full text of the article via Google.
Posted at 09:35 PM by Howard Bashman



"UK government lends hand to BP in U.S. Gulf oil spill ruling": Reuters has a report that begins, "The British government has urged the U.S. Supreme Court to review an appeals court ruling against BP Plc over a 2010 Gulf of Mexico oil spill that produced one of the largest class actions in American history."
Posted at 09:32 PM by Howard Bashman


"Bringing Carolene Products up to date?" Lyle Denniston has this post today at "SCOTUSblog."
Posted at 09:30 PM by Howard Bashman


"At Constitution Center, focus on civil discourse reaping rewards": In today's edition of The Philadelphia Inquirer, Chris Mondics has an article that begins, "Jeffrey Rosen, author, constitutional law professor, and president and chief executive officer of the National Constitution Center, may have hit upon a novel idea."
Posted at 10:40 AM by Howard Bashman


"The evolution of Judge Posner on marriage equality": Chris Johnson of the Washington Blade has this report.
Posted at 09:34 AM by Howard Bashman


Saturday, September 6, 2014

"Appeals court to hear arguments in Scott Walker 'John Doe' case": The Wisconsin State Journal has this report.
Posted at 09:26 PM by Howard Bashman


"Mississippi High Court May Be Site of Senate Runoff Fight": Bloomberg News has this report.
Posted at 01:44 PM by Howard Bashman


"Killings hoping Kansas Supreme Court overturns murder conviction; Slaying occurred in 2010 in Topeka apartment": The Topeka Capital-Journal has this report. Apparently among the arguments not being made is that someone with the last name Killings cannot receive a fair trial for murder.
Posted at 09:54 AM by Howard Bashman


"In 30-minute hearing, Nebraska Supreme Court fires 55 questions at lawyers in Keystone XL pipeline case": The Omaha World-Herald has this report.

And Bloomberg News reports that "Keystone Pipeline Nebraska Path Argued at Top State Court."
Posted at 09:51 AM by Howard Bashman



"Supreme Court could settle punitive damage question in BP case; High court likely to have final say on issue that could add billions to tab": The Houston Chronicle has this report.

You can freely access the full text of the article via Google.
Posted at 09:50 AM by Howard Bashman



"Iowa Supreme Court will not eliminate bar exam requirement": The Gazette of Cedar Rapids, Iowa has this report.

And The Associated Press reports that "Court declines proposal to eliminate bar exam."
Posted at 09:45 AM by Howard Bashman



"Exclusive: California's newest state Supreme Court justice discusses his rise." Howard Mintz of The San Jose Mercury News has this report.
Posted at 09:33 AM by Howard Bashman


"Housing bias dispute could return to Supreme Court": Sam Hananel of The Associated Press has this report.
Posted at 09:10 AM by Howard Bashman


Friday, September 5, 2014

"Appeals court overturns decision in Hollister Co. discrimination case": Kirk Mitchell of The Denver Post has this report.

My earlier coverage of Tuesday's Tenth Circuit ruling by a partially divided three-judge panel appears at this link.
Posted at 03:52 PM by Howard Bashman



"Federal judge Mark Fuller accepts plea deal in domestic violence case; could have arrest record expunged": The Birmingham News has this report.

Brian Lyman of The Montgomery Advertiser has a news update headlined "Federal judge Mark Fuller accepts pre-trial diversion; No jail time expected after judge's Aug. 10 arrest."

The Atlanta Journal-Constitution has a news update headlined "Judge accused of Atlanta hotel assault on wife regrets 'incident'" that begins, "A federal judge from Alabama said he regrets that details of last month's domestic dispute with his wife will not come out in court, but he agreed to enroll in programs that address domestic violence and substance abuse because that will mean an Atlanta misdemeanor charge will be dismissed."

And The Associated Press reports that "Judge accused of hitting wife enters court program."
Posted at 03:48 PM by Howard Bashman



"Obamacare decision shows impact of Obama's judges": Richard Wolf of USA Today has this report.
Posted at 03:37 PM by Howard Bashman


"For Immigration Lawyers, a Surprise Speaker Who Asks Them to Change Lives; Sonia Sotomayor Speaks to Immigrant Justice Corps": This article appears in today's edition of The New York Times.
Posted at 03:34 PM by Howard Bashman


"Court sense: Associate Justice Elena Kagan provides peek into Supreme Court's everyday workings." The Harvard Gazette has this report.
Posted at 09:20 AM by Howard Bashman


Thursday, September 4, 2014

"Jurors sent resounding message but McDonnells have substantial grounds for appeal": The Richmond (Va.) Times-Dispatch has this report.
Posted at 10:45 PM by Howard Bashman


"Appeals Court Will Reconsider Ruling on Cellphone Tracking": Joe Palazzolo has this post today at WSJ.com's "Law Blog."

And at "The Volokh Conspiracy," Orin Kerr has a post titled "Eleventh Circuit grants rehearing en banc in cell-site case."

You can view today's order of the U.S. Court of Appeals for the Eleventh Circuit at this link. And the federal government's petition for rehearing en banc, which the Eleventh Circuit granted today, can be accessed here.
Posted at 10:40 PM by Howard Bashman



Here's something you don't often see -- Opinions concurring in and dissenting from a grant of rehearing en banc: Today the U.S. Court of Appeals for the Ninth Circuit issued an order granting rehearing en banc in Henry v. Ryan.

So why does the PDF file containing the order granting rehearing en banc run 33 pages? Because accompanying that one-page order are an 18-page concurrence and a 14-page dissent.

Circuit Judge Richard C. Tallman's dissent begins, "If one is remembered for the rules one breaks, then our court must be unforgettable." You can access the dissent directly by clicking here.
Posted at 10:14 PM by Howard Bashman



"Pam Bondi doesn't appeal Broward judge's ruling that Florida gay marriage ban is unconstitutional": The Miami Herald has this report.
Posted at 10:00 PM by Howard Bashman


"The Most Interesting Supreme Court Case Coming Up May Be About Beards; The Court recently ruled in favor of religious liberty, but this case may prove more difficult": Kaveh Waddell of National Journal has this report.
Posted at 09:38 PM by Howard Bashman


"Pennsylvania justice urges ban on defender group": The Associated Press has this report.

And P.J. D'Annunzio of The Legal Intelligencer has an article headlined "Castille Again Blasts Federal Defenders." You can freely access the full text of the article via Google News.

Yesterday, Chief Justice Ronald D. Castille of the Supreme Court of Pennsylvania issued this 97-page single justice opinion and this related order.
Posted at 09:30 PM by Howard Bashman



"Appeals Court Agrees Sex Abuse Victims Waited Too Long to Sue Yeshiva University": The New York Times has this news update reporting on a non-precedential ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 09:20 PM by Howard Bashman


"32 states ask Supreme Court to settle gay marriage": The Associated Press has this report.
Posted at 09:16 PM by Howard Bashman


"Catholic confession case: Baton Rouge diocese asks U.S. Supreme Court for review." The Times-Picayune of New Orleans has this report.

You can view the petition for writ of certiorari at this link.
Posted at 09:02 PM by Howard Bashman



"Jonathan Urick to Clerk for U.S. Supreme Court Justice Scalia": The University of Virginia School of Law issued this news release today.
Posted at 06:20 PM by Howard Bashman


"'Obamacare' Challengers Lose Again": Jesse Wegman has this post today at the "Taking Note" blog of The New York Times.
Posted at 03:32 PM by Howard Bashman


"In Keystone pipeline debate, Nebraska high court will have sway": Reuters has this report.
Posted at 03:27 PM by Howard Bashman


Seventh Circuit affirms decisions striking down Indiana and Wisconsin's bans on same-sex marriage: Circuit Judge Richard A. Posner wrote today's opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

In early news coverage, The Associated Press reports that "Court rules against gay marriage bans in 2 states."

Tim Evans of The Indianapolis Star has a news update headlined "U.S. appeals court: Indiana's same-sex marriage ban unconstitutional."

And Jason Stein of The Milwaukee Journal Sentinel has a news update headlined "Court rules against Wisconsin's, Indiana's gay marriage bans."
Posted at 03:20 PM by Howard Bashman



In the September 2014 issue of California Lawyer magazine: Law professor Douglas W. Kmiec has an article headlined "Recess Is Never Long Enough: Campaign spending; Religious freedom; And a whole lot more."

Law professors Gerald F. Uelmen and Kyle Graham have an article headlined "Sede Vacante at the California Supreme Court: Two departures promise change at the state's highest court."

And William Domnarski has an article headlined "The Urge to Exclaim: The exclamation point is the punctuation equivalent of barking at judges."
Posted at 03:16 PM by Howard Bashman



"State releases investigation on controversial execution; The murderer's botched April 29 execution has attracted both national and international attention and renewed the decades-old debate over the death penalty": The Oklahoman has this news update.

The Tulsa World has a news update headlined "IV errors, lack of training cited in Oklahoma botched execution report."

And Erik Eckholm of The New York Times has a news update headlined "IV Line Misplaced in Bungled Oklahoma Execution, Report Says."

You can access the report released today at this link.
Posted at 01:35 PM by Howard Bashman



"Four Specific Problems with the New General Jurisdiction": Law professor Richard D. Freer has posted this interesting article online at SSRN (via "Legal Theory Blog").
Posted at 11:45 AM by Howard Bashman


"Can politicians lie? Court will decide; For better or worse, political campaigns in Ohio could be vastly different come November if a federal judge decides that the state's 19-year-old ban on political lies is unconstitutional." Amber Hunt has this article in today's edition of The Cincinnati Enquirer.
Posted at 11:40 AM by Howard Bashman


"Will Textualism Kill Obamacare?" Jeffrey Toobin had this daily comment online yesterday at The New Yorker.

And C-SPAN has posted online the video of "Q&A with Judge Robert Katzmann: Judge Robert Katzmann talked about his book, Judging Statutes, which explores his views on federal judges' interpretations of the the laws passed by Congress."
Posted at 10:30 AM by Howard Bashman



"The Alitomayor Effect": Law professor Laurence Tribe has this essay online at Politico Magazine.
Posted at 10:22 AM by Howard Bashman


"Judge in Louisiana gay marriage case breaks -- and rejects -- streak for same-sex wedding supporters": Andy Grimm of The Times-Picayune of New Orleans has this report.

In today's edition of The New York Times, Campbell Robertson has an article headlined "Federal Judge, Bucking Trend, Affirms Ban on Same-Sex Marriages in Louisiana."

And from National Public Radio, today's broadcast of "Morning Edition" contained an audio segment titled "Federal Judge Upholds Louisiana's Ban On Gay Marriage." And yesterday evening's broadcast of "All Things Considered" contained an audio segment titled "Federal Court Deals A Victory For Opponents Of Same-Sex Marriage."
Posted at 10:15 AM by Howard Bashman



"'Matthew McConaughey' of Indiana Bar needs to put on socks, law professor says": Tim Evans has this front page article in today's edition of The Indianapolis Star.
Posted at 10:07 AM by Howard Bashman


D.C. Circuit grants rehearing en banc in Halbig v. Burwell: You can access today's order of the U.S. Court of Appeals for the D.C. Circuit at this link.

In early coverage, Brent Kendall of The Wall Street Journal has a news update headlined "Appeals Court to Revisit Ruling Limiting Health Law Subsidies; Original Ruling Invalidated Key Plank of Health Care Law in Many States."

Richard Wolf of USA Today reports that "Obamacare gets second chance at federal appeals court."

Tom Howell Jr. of The Washington Times has a news update headlined "Full D.C. Court of Appeals to hear critical Obamacare case."

Mark Sherman of The Associated Press reports that "Court grants Obama plea to re-hear health case."

Lawrence Hurley of Reuters reports that "U.S. appeals court to reconsider Obamacare subsidies case."

Andrew Zajac and Greg Stohr of Bloomberg News report that "Obamacare Tax Rule Gets Rehearing by Full Appeals Court."

Politico.com reports that "Full appeals court to rehear Obamacare case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Full D.C. Circuit will rule on health care subsidies."
Posted at 09:58 AM by Howard Bashman



"The Slippery Slope of Religious Accommodation and How RFRA Is Teaching Legislators to Deny Accommodations in the First Place": Law professor Marci A. Hamilton has this essay online today at Justia's Verdict.
Posted at 08:33 AM by Howard Bashman


"Lawyer embroiled in 'Merry Christmas' flap and ex-Gov. Cuomo employee and donor on short list for top NYS court judgeship": The New York Daily News has this blog post.
Posted at 08:32 AM by Howard Bashman


"Punish lawmakers over school funding? State high court hears McCleary arguments." This front page article appears in today's edition of The Olympian of Olympia, Washington.

And today's edition of The Seattle Times contains a front page article headlined "Court hears arguments in McCleary school-funding case; Washington state's Supreme Court questioned Wednesday why it shouldn't hold state lawmakers in contempt for not fully funding K-12 education."
Posted at 08:30 AM by Howard Bashman



Wednesday, September 3, 2014

"U.S. Supreme Court Justice Scalia to speak at CU-Boulder on Oct. 1": The University of Colorado Boulder today issued a news release that begins, "U.S. Supreme Court Senior Associate Justice Antonin Scalia will deliver the fourth annual John Paul Stevens Lecture hosted by the Byron R. White Center and the University of Colorado Law School on Wednesday, Oct. 1."
Posted at 11:09 PM by Howard Bashman


"Fired Wal-Mart workers say they have right to self-defense; Utah's high court considers whether store policies trump employees' right to defend themselves": The Salt Lake Tribune has this news update.

And The Deseret News has an update headlined "Utah Supreme Court considers issue of self-defense in the workplace."

The audio of today's Supreme Court of Utah oral argument in this case can be accessed here.
Posted at 11:07 PM by Howard Bashman



"In Hobby Lobby Ruling, a Missing Definition Stirs Debate": Law professor Steven Davidoff Solomon had this post yesterday at the "DealBook" blog of The New York Times.
Posted at 11:00 PM by Howard Bashman


"That Time the President, the FBI, and a Moonlighting Supreme Court Justice Tried to Dig Up Dirt on a Movie Star": Jesse Walker has this post at Reason.com's "Hit & Run" blog about an article recently published in The Philadelphia Inquirer.
Posted at 10:55 PM by Howard Bashman


"A Horrifying Miscarriage of Justice in North Carolina: How many times was Justice Antonin Scalia wrong about Henry Lee McCollum and the death penalty?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:52 PM by Howard Bashman


"Tragedy or Triumph": Linda Greenhouse has this essay online at The New York Times.
Posted at 10:30 PM by Howard Bashman


And Eleventh Circuit Judge Julie E. Carnes will apparently be known as Julie Carnes: Today the U.S. Court of Appeals for the Eleventh Circuit issued this order granting rehearing en banc in one of the two cases I mentioned in a post from last month titled "The Eleventh Circuit adjusts to having two judges with the last name Carnes."

My post from last month noted that a decision issued that day "contains a lengthy and passionate dissent from Chief Judge [Ed] Carnes." It is that decision which the Eleventh Circuit agreed to rehear en banc today.

As early as next Monday, the Eleventh Circuit is likely to also have two Judge Pryors (this one and this one), and then the fun will really begin.
Posted at 09:55 PM by Howard Bashman



"Distribution of Child Porn Conviction Rejected by Court": Gina Passarella of The Legal Intelligencer has an article that begins, "The Third Circuit has overturned the conviction of a man found guilty of distribution of child pornography because the images he placed in a folder on a file-sharing network were never viewed by anyone else." You can freely access the full text of the article via Google News.

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 09:27 PM by Howard Bashman



"Suit Alleging Cahill Gordon Hid Asbestos Evidence Revived": Mary Pat Gallagher of The New Jersey Law Journal has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.

You can freely access the full text of the article via Google News.
Posted at 09:20 PM by Howard Bashman



"Gay marriage supporters will appeal ruling on Louisiana ban": Andy Grimm of The Times-Picayune of New Orleans has this news update.

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

In other coverage, Robert Barnes of The Washington Post reports that "Federal judge in Louisiana rules state has right to ban same-sex marriages."

The Advocate of Baton Rouge reports that "Louisiana's gay marriage ban upheld."

The Associated Press reports that "Louisiana ruling breaks pro-gay marriage streak."

Bloomberg News reports that "Louisiana Gay Marriage Ban Is Upheld by Federal Judge."

Reuters reports that "Federal district judge upholds Louisiana ban on gay marriage."

And at "SCOTUSblog," Lyle Denniston has a post titled "Louisiana same-sex marriage ban survives challenge."
Posted at 04:26 PM by Howard Bashman



"Gay marriage cases await early decision by U.S. Supreme Court": Lawrence Hurley of Reuters has this report today.
Posted at 04:22 PM by Howard Bashman


In today's mail: I received an advance copy of Erwin Chemerinsky's new book, "The Case Against the Supreme Court."

The book's official publication date is September 25, 2014.
Posted at 04:18 PM by Howard Bashman



"Public Wants Video in U.S. Supreme Court, Poll Shows": Tony Mauro has this post at "The BLT: The Blog of Legal Times."

You can freely access the full text of the post via Google News.
Posted at 11:58 AM by Howard Bashman



"High Court Could Consider Campaign Cash in Judicial Races": News Service of Florida has this report.
Posted at 11:05 AM by Howard Bashman


""Yelp! engaged in 'hard bargaining,' not extortion, appeals court says; A federal appeals court threw out a lawsuit filed by small business owners who accused Yelp! Inc. of attempting to extort advertising payments by manipulating reviews of their businesses": Warren Richey of The Christian Science Monitor has this report.

PCWorld reports that "Appeals court clears Yelp of claims that it fixed reviews."

MediaPost reports that "Business Owners Can't Revive 'Payola' Lawsuit Against Yelp."

Courthouse News Service reports that "9th Circuit Tosses Claim Yelp Extorted Businesses."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Yelp Ad Extortion Suit Tossed on Appeal."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:54 AM by Howard Bashman



"The Trouble with Amicus Facts": Law professor Allison Orr Larsen recently posted this revised article online at SSRN.
Posted at 10:40 AM by Howard Bashman


"The latest really big screwup with PACER and CM/ECF requires a quick fix, then serious reflection, but not utter disdain for a judicial records system that is a triumph of good government": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 10:36 AM by Howard Bashman


Tuesday, September 2, 2014

"Arizona abortion case likely going to US Supreme Court": Howard Fischer of The Arizona Daily Star has this news update.

And The Associated Press reports that "Arizona abortion case headed to US Supreme Court."
Posted at 11:25 PM by Howard Bashman



"Appeals court hears arguments in Hollister Co. discrimination case": In late May 2014, The Denver Post published an article that begins, "Attorneys arguing in the U.S. 10th Circuit Court of Appeals on Tuesday sparred over whether beach-house-style entrances to Hollister Co. stores discriminate against the disabled."

Today, the majority on a partially divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued a decision vacating the district court's grant of summary judgment in favor of plaintiffs and the permanent injunction that resulted.
Posted at 11:02 PM by Howard Bashman



"Appeals court declines to let Texas immediately enforce anti-abortion law": The Houston Chronicle has this blog post.

You can access this evening's order of the U.S. Court of Appeals for the Fifth Circuit at this link.

And online at Slate, Emily Bazelon has a jurisprudence essay titled "A Huge Abortion Win in Texas: But will it last?"
Posted at 09:52 PM by Howard Bashman



"Delay on health care subsidies case": Lyle Denniston has this post at "SCOTUSblog."
Posted at 08:07 PM by Howard Bashman


"Appeals court skeptical of government phone surveillance": Richard Wolf of USA Today has this report.

Spencer Ackerman of The Guardian (UK) has a report headlined "NSA bulk collection of phone data under scrutiny as federal case opens; Justice Department officials face pointed questions on opening day of case that could push NSA privacy to supreme court."

Newsday has an update headlined "Manhattan federal appeals judges raise privacy concerns at hearing on NSA data leak lawsuit."

Reuters reports that "Appeals court grills U.S. lawyer on NSA phone collection."

Bloomberg News reports that "NSA Data-Sweep Lawfulness Challenged in NY Appeal Hearing."

The Associated Press reports that "US court hears debate in NSA phone records case."

Josh Gerstein of Politico.com has a blog post titled "Appeals court chilly to feds' arguments for NSA surveillance program."

Matt Sledge of The Huffington Post reports that "Judges Express Fears Over NSA Phone Surveillance At Appeals Hearing."

And at the "Lawfare" blog, Orin Kerr has a post titled "Thoughts on the CA2 Argument on Section 215 in ACLU v. Clapper."
Posted at 08:02 PM by Howard Bashman



"U.S. court revives Botox-linked shareholder suit against Allergan": Dan Levine of Reuters has this report.

And Courthouse News Service has a report headlined "New Life for Botox Investor Case in 9th Circuit."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 07:43 PM by Howard Bashman



"Court: US can withhold Guantanamo detainee images." The Associated Press has this report.

And Jonathan Stempel of Reuters has a report headlined "Photos of alleged 9/11 '20th hijacker' can stay classified: court."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 07:36 PM by Howard Bashman



"Beards in Prison Hold Next Religion Test for Supreme Court": Adam Liptak will have this article in Wednesday's edition of The New York Times.
Posted at 07:15 PM by Howard Bashman


"Sotomayor to receive Hepburn Medal from Bryn Mawr": The Associated Press has this report.

Bryn Mawr College's official announcement is headlined "Bryn Mawr College to Award 2015 Katharine Hepburn Medal to Supreme Court Justice Sonia Sotomayor."
Posted at 06:02 PM by Howard Bashman



ACLU v. Clapper Oral Argument": C-SPAN has posted online at this link the video of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Second Circuit.
Posted at 02:48 PM by Howard Bashman


Sixth Circuit grants rehearing en banc to reconsider telecommuting as a disability accommodation in EEOC v. Ford Motor Co. You can access Friday's order of the U.S. Court of Appeals for the Sixth Circuit (posted online today) granting rehearing en banc at this link.

My earlier coverage of the divided three-judge panel's original ruling in favor of the EEOC can be accessed here. At that earlier post noted, "Eugene Scalia argued the appeal on behalf of appellee Ford Motor Co."
Posted at 01:08 PM by Howard Bashman



"Indiana Right-to-Work Law Upheld by U.S. Court as Constitutional": Bloomberg News has this early report on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued today.

Chief Judge Diane P. Wood's dissenting opinion begins:

Today's decision is either incorrect or it lays bare an unconstitutional confiscation perpetuated by our current system of labor law.
You can access the dissenting opinion directly via this link.

Update: In other coverage, Amanda Becker of Reuters reports that "U.S. appeals court upholds Indiana's right-to-work law."

And The Associated Press reports that "Federal court upholds Indiana right-to-work law."
Posted at 12:55 PM by Howard Bashman



"Constitution Check: What are the Supreme Court's options now on same-sex marriage?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:09 AM by Howard Bashman


"Texas Voter ID Trial May Lead to Return of U.S. Oversight": Bloomberg News has this report.
Posted at 11:08 AM by Howard Bashman


Monday, September 1, 2014

"Inspired by His Father's Activism, Tim Wu Is Running for Lieutenant Governor as an Outsider": David W. Chen has this article in today's edition of The New York Times.
Posted at 09:31 PM by Howard Bashman


"Decaying Guantanamo Defies Closing Plans": Charlie Savage has this article in today's edition of The New York Times.
Posted at 09:25 PM by Howard Bashman


"Question of beard and religious freedom unites groups who've been opponents": Robert Barnes has this article in today's edition of The Washington Post.
Posted at 09:00 PM by Howard Bashman


"When Robert Bork called Congress suing the president a 'monstrosity'": Michael D. Barnes had this op-ed recently in The Washington Post.
Posted at 08:51 PM by Howard Bashman


"NSA Phone-Data Collection Program Set for Legal Challenge; Panel of Federal Judges Is First Appeals Court to Address Controversial Program": Joe Palazzolo will have this article in Tuesday's edition of The Wall Street Journal.
Posted at 08:47 PM by Howard Bashman


"Smoking in cigar bars, tobacco outlets ruled unconstitutional": The Lincoln Journal Star has this report on a ruling that the Supreme Court of Nebraska issued last Friday.
Posted at 08:20 PM by Howard Bashman


"Tennessee Supreme Court Justice Janice Holder retires": The Tennessean has this report.
Posted at 08:12 PM by Howard Bashman


"The Second Circuit Hears Oral Argument This Week in Challenge to Section 215 Surveillance": Orin Kerr has this post today at the "Lawfare" blog.
Posted at 04:28 PM by Howard Bashman


"Court to weigh use of race in drawing political lines": Richard Wolf will have this article in Tuesday's edition of USA Today.
Posted at 04:26 PM by Howard Bashman


"The Dawn of the Post-Clinic Abortion": Emily Bazelon had this cover story in yesterday's issue of The New York Times Magazine.
Posted at 02:28 PM by Howard Bashman


"Abbott appeals abortion ruling": The Houston Chronicle has this report.

Late yesterday, Texas filed this stay request in the U.S. Court of Appeals for the Fifth Circuit.
Posted at 02:26 PM by Howard Bashman



"You be the judge: Has the Eighth Circuit gone nuts?" Senior U.S. District Judge Richard G. Kopf had this provocatively titled post yesterday at his "Hercules and the Umpire" blog.
Posted at 02:18 PM by Howard Bashman


"Five Lessons from the Maryland Appellate Blog's First Year": Steve Klepper has this post today at the "Maryland Appellate Blog."

*Spoiler alert* The post mentions the "How Appealing" blog.
Posted at 01:47 PM by Howard Bashman



"The Dubious Sources of Some Supreme Court 'Facts'": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:23 PM by Howard Bashman


"The Supreme Court 'What-If' Game: Who could be confirmed in this political climate?" Tony Mauro has this article in this week's issue of The National Law Journal.

You can freely access the full text of the article via Google News.
Posted at 08:22 AM by Howard Bashman







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