How Appealing

Friday, October 31, 2014

"Justice Sandra Day O'Connor on Why Judges Wear Black Robes; The Supreme Court icon breaks down the tradition": Retired Justice Sandra Day O'Connor had this essay in the November 2013 issue of Smithsonian Magazine.
Posted at 09:00 PM by Howard Bashman


"Federal judge hears arguments on Kansas same-sex marriage ban": Brad Cooper of The Kansas City Star has this news update.

Bryan Lowry of The Wichita Eagle has a news update headlined "Federal court doesn't immediately rule on Kansas' same-sex marriage ban."

The Topeka Capital-Journal has a news update headlined "Judge questions arguments against same-sex marriage during hearing; Judge promises to issue ruling soon."

And The Associated Press reports that "Kansas urges judge not to rule on gay marriage."
Posted at 08:45 PM by Howard Bashman



"Why Some People See Ghosts at the Federal Circuit": Jenna Greene has this post today at "The BLT: The Blog of Legal Times." You can freely access the full text of the post via Google.
Posted at 08:11 PM by Howard Bashman


"Artist royalties case asks en banc 9th Circ.: Can Calif. regulate whole U.S.?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Why Chuck Close's Legal Fight Over Art Resale Royalties Might Impact Climate Change; An appeals court decides to give extra attention to an almost forgotten California law entitling artists to five percent of resale royalties."
Posted at 06:12 PM by Howard Bashman



"Lousy Judgment: This year's scary election ads will destroy any lingering confidence in the judicial branch." Richard L. Hasen and Dahlia Lithwick have this jurisprudence essay online today at Slate.
Posted at 05:50 PM by Howard Bashman


"Why Innocent People Plead Guilty": Senior U.S. District Judge Jed S. Rakoff (S.D.N.Y.) has this essay in the November 20, 2014 issue of The New York Review of Books.
Posted at 02:45 PM by Howard Bashman


"Apple's Cook signals front line of new gay rights battle": Dan Levine and Fiona Ortiz of Reuters have an article that begins, "In his essay coming out as gay, Apple Chief Executive Tim Cook criticized an Arizona proposal that would have given private business owners the ability to deny services to gay people on religious grounds."

Update: The "Opening Remarks" section of the current issue of Bloomberg Businessweek is titled "Tim Cook Speaks Up."
Posted at 01:32 PM by Howard Bashman



"Husband's Arrest in India Tests Colonial-Era Sex Law": This article appears in today's edition of The New York Times.
Posted at 01:30 PM by Howard Bashman


"GOP Senate would alter Judiciary panel's agenda": USA Today has this report.
Posted at 01:28 PM by Howard Bashman


"Idaho Governor Vows To Keep Fighting Supreme Court Ruling Allowing Same-Sex Marriage": Jennifer Bendery of The Huffington Post has an article that begins, "Idaho Gov. Butch Otter (R) vowed Thursday to keep fighting a U.S. Supreme Court ruling allowing same-sex marriage in his state, even as that effort costs Idaho tens of thousands of dollars."
Posted at 01:23 PM by Howard Bashman


"Is Your Judge for Sale? Thanks to Karl Rove and Citizens United, judicial elections have been overtaken by secretive interest groups, nasty ads, and the constant hustle for campaign cash." Andy Kroll has this article online at Mother Jones.
Posted at 01:20 PM by Howard Bashman


"In Colorado, It's not your mom's women's lib: Birth control and abortion are front and center in a Senate race between two men, and it's driving some women crazy." CNN.com has this report.
Posted at 01:17 PM by Howard Bashman


"Should We Really Save the Devils Hole Pupfish? They're an inch long; There are fewer than 100 left; Is it worth the effort?" on Earth, the magazine of the Natural Resources Defense Counci, has this article. According to the article, "The whole hubbub went all the way to the Supreme Court, which in 1976 ruled in favor of the fish, the hole, and the environment."

Additional information is available from the U.S. Fish and Wildlife Service and from a New York Times article published in 2008.
Posted at 01:06 PM by Howard Bashman



"Argument preview: How much control do agencies have over what whistleblowers may disclose?" Steve Vladeck has this post today at "SCOTUSblog."
Posted at 12:50 PM by Howard Bashman


"New York Police Unions Can't Challenge Stop-Frisk Accord": Bloomberg News has this report.

And The Associated Press reports that "Union appeal denied in NY stop and frisk case."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 12:44 PM by Howard Bashman



"If You Thought the Legal Challenges to the Affordable Care Act Were Over, You'd Be Wrong": Ariane De Vogue of ABC News has this report today.
Posted at 11:30 AM by Howard Bashman


"Appellate Court: Unredeemed Borders Gift Cards Are Still Worthless." Today at WSJ.com's "Bankruptcy Beat" blog, Sara Randazzo has this post about a ruling that the U.S. Court of Appeals for the Second Circuit issued Wednesday.
Posted at 11:27 AM by Howard Bashman


"Who Controls Foreign Policy: The President or Congress? A Supreme Court case over whether passports for people born in Jerusalem should read 'Israel' or not could have a surprisingly big effect on the balance of power in the United States." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 11:24 AM by Howard Bashman


"There's Only 1 Thing at Stake in the Senate Race": Jonathan Chait has this post today at New York Magazine's "Daily Intelligencer" blog.
Posted at 11:22 AM by Howard Bashman


"Ohio Supreme Court candidate John O'Donnell broke 'clean campaign' pledge with negative ad, Ohio State Bar Association says": The Cleveland Plain Dealer has this report.

And The Columbus Dispatch has a blog post titled "Bar calls on O'Donnell to remove 'false' ad against French."
Posted at 10:55 AM by Howard Bashman



"Michigan Supreme Court race is friendlier, less costly": The Detroit Free Press has this report.
Posted at 10:52 AM by Howard Bashman


"UBS cannot arbitrate with Nasdaq over Facebook IPO: court." Jonathan Stempel of Reuters has this early report on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 10:48 AM by Howard Bashman


"SCOTUS for law students: Rearguments." Today at "SCOTUSblog," Stephen Wermiel has an interesting post that begins, "Few procedures at the Supreme Court are more mysterious than the decision to reargue a case."
Posted at 10:34 AM by Howard Bashman


Bill Mears of CNN.com is reporting: He has articles headlined "Air marshal whistleblower gets high court hearing over leaks to media" and "Supreme Court justices imagined as dogs."
Posted at 10:32 AM by Howard Bashman


"Washington state court says accused rapists cannot bear burden of proving consent": Reuters has this report.

And The Associated Press reports that "Washington Supreme Court shifts burden in rape cases."

You can access yesterday's 6-to-3 ruling of the Supreme Court of Washington State at this link.
Posted at 10:28 AM by Howard Bashman



"Affordable Care Act opponents are cherry-picking their history": Tom Harkin, Ron Wyden, Sander M. Levin, George Miller, and Henry A. Waxman have this essay online at The Washington Post.
Posted at 10:20 AM by Howard Bashman


"Transparency for thee, but not for me?" Today at Politico.com, Josh Gerstein has a blog post that begins, "While Attorney General Eric Holder is calling for the Senate and the Obama Administration to lay bare the alleged abuse of detainees in Central Intelligence Agency custody, his Justice Department is going to unusual lengths to impose a complete black-out on details about the investigations he supervised into those same incidents."
Posted at 10:16 AM by Howard Bashman


"VanDyke's background: Conservative ties and practicing appellate law in Texas, D.C. and Montana." This article appears in today's edition of The Billings Gazette.

And yesterday's newspaper contained an article headlined "Wheat's Supreme Court record under attack; what's actually in the record?"
Posted at 08:46 AM by Howard Bashman



"Nine judges eye three state Supreme Court seats": Chris Brennan has this article in today's edition of The Philadelphia Daily News.
Posted at 08:37 AM by Howard Bashman


Thursday, October 30, 2014

"NY State blesses 'incest' marriage between uncle, niece": The New York Post has an article that begins, "The state's highest court has toppled a cultural taboo -- legalizing a degree of incest, at least between an uncle and niece -- in a unanimous ruling."

You can access Tuesday's ruling of the Court of Appeals of New York -- that state's highest court -- on certified question from the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:22 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 article online at SSRN (via "Legal Theory Blog").
Posted at 10:54 PM by Howard Bashman


"How the Supreme Court Should Resolve Zivotofsky": Jack Goldsmith has this post today at the "Lawfare" blog.

And today at "Just Security," Marty Lederman has a post titled "The Article I argument in Zivotofsky."
Posted at 10:48 PM by Howard Bashman



"Appeals Court Revives Junk Fax Class Action Against Pompano Dentist": Daily Business Review has this report on the ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today.

You can freely access the full text of the article via Google.
Posted at 10:37 PM by Howard Bashman



"Challenges to the Affordable Care Act: Panelists talked about court cases challenging the Internal Revenue Service's interpretation of the Affordable Care Act." C-SPAN has posted online at this link the video of an event that the Cato Institute hosted today.
Posted at 10:14 PM by Howard Bashman


"Artists Win Circuit Rehearing of Calif Royalty Law": Pamela A. MacLean has this post at her "Trial Insider" blog about an order granting rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 10:03 PM by Howard Bashman


"Court: Strippers were club employees, could be owed millions." The Las Vegas Sun has this news update.

And The Associated Press reports that "Nevada court says Strip club dancers are employees."

You can access today's ruling of the Supreme Court of Nevada at this link.
Posted at 09:54 PM by Howard Bashman



"U.S. lawsuit vs Hartford police who fatally shot dog is revived": Jonathan Stempel of Reuters has this report.

And The Associated Press has a report headlined "Court: Illegal police search led to dog death."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 09:32 PM by Howard Bashman



In recent installments of Dahlia Lithwick's "Amicus" podcasts on Slate: Episode two was titled "Let's Salsa With Sotomayor: Dahlia Lithwick on the Supreme Court's second week and a new biography of the court's first Latina justice."

And episode three was titled "Revenge of the Octogenarians: Dahlia Lithwick talks with Jeffrey Toobin about Obama's judicial legacy, and how Ruth Bader Ginsberg may want Dahlia's job."
Posted at 05:22 PM by Howard Bashman



"Why Whirlpool's win in moldy washer trial vindicates consumer class actions": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 05:16 PM by Howard Bashman


"Disagree in Good Faith? Sonia Sotomayor pushes other Supreme Court justices past their comfort zones." John Paul Rollert has this jurisprudence essay online at Slate.
Posted at 05:10 PM by Howard Bashman


"Supreme Court set to hear momentous whistleblower case": Jeremy P. Jacobs of Greenwire has this report.
Posted at 04:40 PM by Howard Bashman


"Justices consider Texas rape-murder case": Mark Sherman of The Associated Press has this report.
Posted at 04:36 PM by Howard Bashman


"Whirlpool wins first trial over 'moldy' washers": Reuters has this report.
Posted at 01:40 PM by Howard Bashman


"State high court to take up issue of police personnel files": Bob Egelko has this article in today's edition of The San Francisco Chronicle.
Posted at 01:10 PM by Howard Bashman


"PA Supreme Court vacancies to be filled by Tom Corbett or Tom Wolf": Steve Esack has this article in today's edition of The Morning Call of Allentown, Pennsylvania.

In today's edition of The Pittsburgh Post-Gazette, Karen Langley has an article headlined "McCaffery's resignation from Pennsylvania Supreme Court reduces risk to his pension."

And in today's edition of The Philadelphia Inquirer, law professor Bruce Ledewitz has an op-ed titled "Deal leaves court issues unresolved."
Posted at 01:00 PM by Howard Bashman



"Supreme Court to decide if boy can list 'Israel' as passport birthplace": Bill Mears of CNN.com has this report.
Posted at 10:30 AM by Howard Bashman


"Constitution Check: Do the federal courts lack the authority to rule on same-sex marriage?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:28 AM by Howard Bashman


"The Revenge Of Mitch McConnell: GOP Senate Will Halt Obama Nominations." Sahil Kapur of TPM DC has this report today.
Posted at 09:56 AM by Howard Bashman


"Obamacare Faces New Threat as Supreme Court Weighs Appeal": Greg Stohr of Bloomberg News has this report.
Posted at 09:52 AM by Howard Bashman


In news coverage of the oral argument I participated in yesterday: P.J. D'Annunzio of The Legal Intelligencer reports that "Federal Preemption Debated in Topamax Cases." You can freely access the full text of the article via Google.

And Matt Fair of Law360.com reports that "Pa. Superior Court Urged To Nix $15M In Topamax Verdicts" (subscription required for full access).

You can access the Briefs for Plaintiffs/Appellees that I filed on my clients' behalf in these two related appeals here and here.
Posted at 08:30 AM by Howard Bashman



Wednesday, October 29, 2014

"Comcast agrees to settle 10-year-old class-action suit": The Philadelphia Inquirer has this news update.
Posted at 10:44 PM by Howard Bashman


"Amendment 3 would let outgoing governor name judges -- an unnecessary power, critics say": The Tampa Bay Times has an article that begins, "Florida voters are being asked to approve a little-noticed amendment to the state Constitution that would rewrite the way judges are appointed to the state's highest courts and strengthen the powers of governors who are leaving office."
Posted at 10:32 PM by Howard Bashman


"More turmoil for House GOP lawsuit against Obama": Josh Gerstein and Maggie Haberman of Politico.com have this report.
Posted at 10:03 PM by Howard Bashman


"Yates, A Fishy Case": Richard M. Re has this post at "Re's Judicata."
Posted at 09:56 PM by Howard Bashman


"Virginia Supreme Court hears Yelp Internet speech case": Frank Green has this article in today's edition of The Richmond Times-Dispatch.
Posted at 09:55 PM by Howard Bashman


"SCOTUSblog on camera: Laurence H. Tribe (Part six)." "SCOTUSblog" has this post today.
Posted at 09:52 PM by Howard Bashman


"The Supreme Court Should Stay Far Away from the Vesting Clause in Zivitofsky": Julian Davis Mortenson has this post today at the "Lawfare" blog.
Posted at 09:47 PM by Howard Bashman


"Danger Zone: A Supreme Court Misstep On Voting Rights." Linda Greenhouse has this essay online at The New York Times.
Posted at 09:42 PM by Howard Bashman


"Wearing unearned medal can be a crime; free-speech claim rejected": Bob Egelko of The San Francisco Chronicle has this news update.

And Courthouse News Service reports that "'Stolen Valor' Precedent Won't Help Lying Marine."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:24 PM by Howard Bashman



"Court of Appeal rules that Section 377A that criminalises sex between men is constitutional": The Straits Times of Singapore has this report.

And Bloomberg News reports that "Singapore's Ban on Gay Male Sex Is Upheld by Top Court."

The ruling of Singapore's Court of Appeal does not yet appear to be freely available online.

Update: You can access the ruling at this link (via Jurist's "Paper Chase").
Posted at 08:27 PM by Howard Bashman



"In Passport Case, Alyza Lewin Steps Into Her Father's Shoes": Tony Mauro of The National Law Journal has this Supreme Court Brief. You can freely access the full text of the article via Google.
Posted at 05:46 PM by Howard Bashman


"Missouri man's execution on hold indefinitely": The Associated Press has this report.
Posted at 05:44 PM by Howard Bashman


"Outside money pouring into state Supreme Court race": The Chicago Tribune has this report.

And the subject of today's broadcast of The Diane Rehm Show was "Campaign Spending On State Judicial Elections."
Posted at 05:40 PM by Howard Bashman



"'As Kim Kardashian is with her husband, I'm not going to keep you long.'" Today at his "Southern District of Florida Blog," David Oscar Markus has a post that begins, "That was Chief Judge Ed Carnes today at Robin Rosenbaum's investiture. It was a great event with lots of good speeches."
Posted at 05:33 PM by Howard Bashman


"Can Authorities Cut Off Utilities And Pose As Repairmen To Search A Home?" This audio segment -- featuring both Nina Totenberg and Tom Goldstein -- appeared on today's broadcast of NPR's "Morning Edition."
Posted at 04:35 PM by Howard Bashman


"Search Party: A 30-year-old loophole increasingly gives police officers a pass when they violate the Fourth Amendment." Nathan Freed Wessler has this jurisprudence essay online at Slate.
Posted at 03:55 PM by Howard Bashman


"Health overhaul's subsidies at Supreme Court": Mark Sherman of The Associated Press has this report.
Posted at 03:54 PM by Howard Bashman


"Ala. judge's spousal abuse case has some seeking his resignation": This video segment, featuring disturbing audio from the wife's 911 call from the hotel room, appeared on yesterday's broadcast of the CBS Evening News.
Posted at 02:58 PM by Howard Bashman


"Quick fix unlikely in bid to fill McCaffery's seat": Angela Couloumbis and Craig R. McCoy have this front page article in today's edition of The Philadelphia Inquirer.

And in today's edition of The Pittsburgh Tribune-Review, Brad Bumsted has an article headlined "Bipartisan deal in works to stock Pa. Supreme Court."
Posted at 01:37 PM by Howard Bashman



"Court focuses on late filing in prayer case": Today's edition of The Danville (Va.) Register & Bee contains a front page article that begins, "The U.S. Court of Appeals for the 4th Circuit heard oral arguments in the Pittsylvania County public prayer case Tuesday, and focused most of their questions on whether the county had filed an appeal on time."
Posted at 01:22 PM by Howard Bashman


"Lobbyists, Bearing Gifts, Pursue Attorneys General": Eric Lipton has this front page article in today's edition of The New York Times.
Posted at 01:14 PM by Howard Bashman


"Justice Ginsburg Tells Students She Pulls All-Nighters, Too; Supreme Court Justice Says Emergency Appeals Can Require Working Till Dawn": Jess Bravin has this article in today's edition of The Wall Street Journal. You can freely access the full text of the article via Google.

In addition, at WSJ.com's "Speakeasy" blog, Bravin has a post titled "On 'The Death of Klinghoffer,' Justice Ginsburg Finds for the Defense."
Posted at 01:11 PM by Howard Bashman



Tuesday, October 28, 2014

Programming note: On Wednesday morning, I will be arguing two related appeals on behalf of the plaintiffs-appellees before a three-judge panel of the Superior Court of Pennsylvania. Consequently, new posts will next appear here on Wednesday afternoon.

You can view the Briefs for Appellees that I filed in the appeals here and here.

In Wednesday's edition of The Legal Intelligencer, P.J. D'Annunzio will have an article previewing the oral arguments headlined "Multimillion-Dollar Topamax Cases Headed to Argument." You can freely access the full text of the article via Google.

Update on 10/29: The oral argument (combined into 15 minutes for both cases) went very well for plaintiffs. The Legal Intelligencer and Law360.com had reporters present to cover the argument, and I will link to that coverage when it becomes available.
Posted at 11:54 PM by Howard Bashman



"Illinois Supreme Court retention vote raises specter of brutal 2004 race": The St. Louis Post-Dispatch has this report.
Posted at 11:44 PM by Howard Bashman


"ND Supreme Court OKs restriction on drug-induced abortions, despite three of five justices finding it unconstitutional": The Forum of Fargo-Moorhead, North Dakota has this news update. According to the article, "Tuesday's opinion hinged on the North Dakota Constitution's requirement that at least four members of the Supreme Court be in agreement to declare a statute unconstitutional."

And The Associated Press reports that "North Dakota court bans use of drug in abortions."

You can access today's very interesting ruling of the Supreme Court of North Dakota at this link.
Posted at 11:38 PM by Howard Bashman



"NC ultrasound law goes to 4th US Circuit Court of Appeals": Wednesday's edition of The News & Observer of Raleigh, North Carolina will contain an article that begins, " The 4th U.S. Circuit Court of Appeals will hear oral arguments on Wednesday over a North Carolina law that would require health care workers to show pregnant women ultrasound images and describe them in detail just hours before providing abortions."
Posted at 11:30 PM by Howard Bashman


"Retailers do not have to keep a defibrillator on-site, court says": Bob Egelko of The San Francisco Chronicle has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:27 PM by Howard Bashman


"How to diversify the Ivy League club that is the Supreme Court": Michael McGough has this essay online today at The Los Angeles Times.
Posted at 09:52 PM by Howard Bashman


Lyle Denniston is reporting: Today at "SCOTUSblog," he has posts titled "New birth-control rules found too demanding" and "Testing the status of Baker v. Nelson."
Posted at 09:48 PM by Howard Bashman


"SCOTUSblog on camera: Laurence H. Tribe (Part five)." "SCOTUSblog" has this post today.
Posted at 09:44 PM by Howard Bashman


"Justice Ginsburg Was Very Amused by John Oliver's Doggy Supreme Court": Jess Bravin has this post today at WSJ.com's "Law Blog."
Posted at 08:00 PM by Howard Bashman


"Our incoherent copyright law, cont'd": Today at "The Volokh Conspiracy," David Post has a post that begins, "Remember Aereo?"
Posted at 06:15 PM by Howard Bashman


"Freedom Summer, 2015": Jeffrey Toobin has this post online today at The New Yorker.
Posted at 06:14 PM by Howard Bashman


"New York law firm wins case over $44 million in fees charged to developer's widow": Reuters has a report that begins, "Rejecting claims that a Manhattan real estate mogul's widow fell under her lawyers' 'Svengali-like influence,' New York's top court has ruled that her estate must pay the law firm $44 million in fees for a few months' work. The Court of Appeals on Tuesday said Alice Lawrence, the widow of developer Sylvan Lawrence, was a sophisticated client who understood the risks she was taking in switching from an hourly-fee arrangement to a contingency agreement."

You can access today's ruling of the Court of Appeals of New York -- that state's highest court -- at this link.
Posted at 04:48 PM by Howard Bashman



"Naked Rambler could face a 'lifetime of imprisonments' after European court ruling": The Indepedent (UK) has this report.

BBC News reports that "Naked rambler Stephen Gough loses human rights case."

The Daily Mail (UK) has a report headlined "At last, something to thank the European court for! Strasbourg judge tells 'naked rambler' he DOESN'T have the right to roam as nature intended."

The Press Association (UK) reports that "Naked Rambler loses at European court over right to public nudity; Judges in Strasbourg rule Stephen Gough's detentions were due to 'violation of criminal law in full knowledge of consequences.'"

Bloomberg News reports that "U.K.'s 'Naked Rambler' Loses Bid to Make Nudity a Human Right."

And The Associated Press has a report headlined "Court tells UK man: Nudity is not a human right."

You can access today's ruling of the European Court of Human Rights at this link. A related press release from the court can be accessed here.
Posted at 04:40 PM by Howard Bashman



"Court battle continues over Marvel superheroes": The Associated Press has this updated report.
Posted at 03:44 PM by Howard Bashman


"If the Clean Air Act's on the docket, Keisler's on the case": Jeremy P. Jacobs of Greenwire has an article that begins, "Peter Keisler might be the only lawyer who's argued five cases before the Supreme Court and has appeared in a TV soap commercial."
Posted at 03:16 PM by Howard Bashman


"The Judges: Kim Chakanetsa hosts a conversation between Judge Khalida Rachid Khan, Pakistan's first woman judge, and Justice Mandisa Maya, the first black woman to be appointed to the Supreme Court of Appeal in South Africa." BBC World Service has posted the audio of the conversation online at this link.
Posted at 01:25 PM by Howard Bashman


"Now hiring: Supreme Court justice, legal experience needed but, please, no porn." Chris Brennan has this article in today's edition of The Philadelphia Daily News. The newspaper also contains an editorial titled "Justice Done."

The Associated Press reports that "Pennsylvania Supreme Court heads toward period of uncertainty following justice's retirement."

And today's edition of The Pittsburgh Post-Gazette contains an editorial titled "Where's the merit? Another bad justice leaves the state's top court; And it's time to say good riddance to the system of electing judges in Pennsylvania."
Posted at 01:20 PM by Howard Bashman



"Va. Supreme Court to hear defamation case involving Yelp": Frank Green has this front page article in today's edition of The Richmond Times-Dispatch.

And Andrea Noble of The Washington Times has an article headlined "Yelp backed by Facebook, Google, Twitter in anonymous reviews case; Virginia Supreme Court ruling could have major impact on online free speech."
Posted at 01:14 PM by Howard Bashman



"Former Pennsylvania Justice Orie Melvin drops appeal": Jonathan D. Silver of The Pittsburgh Post-Gazette has this news update.

Brian Bowling of The Pittsburgh Tribune-Review has a news update headlined "Allegheny County DA questions content of Orie Melvin's apology letters."

And The Associated Press reports that "Former Justice Orie Melvin drops appeal, issues written apologies." You can view the text of the apology letter at this link.
Posted at 01:06 PM by Howard Bashman



"Constitution Check: Will the Supreme Court reinforce majority rule in Congress?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:30 AM by Howard Bashman


"Companies continue battle for Marvel superheroes": The Associated Press has this report on a case scheduled for oral argument today in the U.S. Court of Appeals for the Tenth Circuit.
Posted at 10:25 AM by Howard Bashman


"The Appointment Process for U.S. Circuit and District Court Nominations: An Overview." The Congressional Research Service last week issued this report, written by Denis Steven Rutkus.
Posted at 09:38 AM by Howard Bashman


"Prayer goes to appeals court": Today's edition of The Danville (Va.) Register & Bee contains a front page article that begins, "Arguments in a local public prayer case three years in the making will be presented to the Fourth U.S. Circuit Court of Appeals on Tuesday."
Posted at 08:17 AM by Howard Bashman


"George HW Bush Gallery: Justice Alito and Gov. Jeb Bush." You can now view the video of yesterday evening's National Constitution Center event online, on-demand via this link.
Posted at 08:12 AM by Howard Bashman


"Pornography scandal, other problems draw incredible end for one of Pennsylvania's most unlikely judges": Charles Thompson of The Patriot-News of Harrisburg, Pennsylvania has this report.

And in today's edition of The Morning Call of Allentown, Pennsylvania, Steve Esack and Peter Hall have a front page article headlined "Seamus McCaffery retires amid porn email scandal" in which I am quoted.
Posted at 08:05 AM by Howard Bashman



On this date in "How Appealing" history: In 2004, I celebrated my 40th birthday. And in 2009, I turned 45. On today's agenda -- preparing to present oral arguments tomorrow in two related cases to a three-judge panel of the Superior Court of Pennsylvania.
Posted at 08:00 AM by Howard Bashman


Monday, October 27, 2014

"Are Our Courts for Sale?" Columnist Joe Nocera will have this op-ed in Tuesday's edition of The New York Times.
Posted at 10:14 PM by Howard Bashman


Tenth Circuit issues ruling in Citizens United v. Gessler: Today, a partially divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued this non-precedential ruling.

My earlier coverage of the Tenth Circuit's order on Citizens United's emergency motion for injunction pending appeal can be accessed here.
Posted at 10:08 PM by Howard Bashman



"Rock County judge to challenge Ann Walsh Bradley for Supreme Court": Patrick Marley of The Milwaukee Journal Sentinel has this news update.
Posted at 08:25 PM by Howard Bashman


"Voter I.D. contentious election issue without being on ballot": FoxNews.com has this report.
Posted at 08:15 PM by Howard Bashman


"Arguments in gay marriage cases from Louisiana and Texas set for January": The Times-Picayune of New Orleans has this news update.
Posted at 08:14 PM by Howard Bashman


"Jeb Bush, Justice Alito mark new George H.W. Bush gallery opening": This post appears at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:09 PM by Howard Bashman


"'Careful' discrimination is still discrimination": Jennifer Gratz has this essay online at The Washington Times.
Posted at 08:06 PM by Howard Bashman


"A vote of confidence for Supreme Court Justice Lloyd Karmeier": The Chicago Tribune has posted this editorial online today.
Posted at 08:03 PM by Howard Bashman


"Obama appeals ruling on NSA disclosure": Bob Egelko of The San Francisco Chronicle has this blog post today.
Posted at 07:55 PM by Howard Bashman


"N.Y. top court is good friend to global banks, foreign account holders": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 05:27 PM by Howard Bashman


"Big unpublished opinion from the 11th Circuit reversing because of a judge's refusal to ask voir dire questions related to sexual preference prejudices": David Oscar Markus has this post today at his "Southern District of Florida Blog" discussing a non-precedential opinion that a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today.

Circuit Judge Beverly B. Martin wrote the majority opinion, in which Senior Judge Richard K. Eaton of the U.S. Court of International Trade joined. U.S. District Judge Robert L. Hinkle (N.D. Fla.) issued a dissenting opinion.
Posted at 04:50 PM by Howard Bashman



"NSA surveillance limits: The focus turns to courts." The Associated Press has this report.
Posted at 04:44 PM by Howard Bashman


"SCOTUSblog on camera: Laurence H. Tribe (Part four)." "SCOTUSblog" has this post today.
Posted at 03:25 PM by Howard Bashman


"Seamus McCaffery retiring from PA Supreme Court": Chris Brennan of The Philadelphia Daily News has a blog post that begins, "Seamus McCaffery, a former Philadelphia police officer elected in 2007 to the state's highest court, is retiring today, one week after four of his fellow justices voted to suspend him from the bench."

Jeremy Roebuck, Craig R. McCoy, and Angela Couloumbis of The Philadelphia Inquirer have a news update headlined "McCaffery steps down from Pa. Supreme Court."

The Harrisburg Patriot-News has an update headlined "Justice Seamus McCaffery resigns from Pa. Supreme Court in wake of state email investigation."

Brad Bumsted of The Pittsburgh Tribune-Review has a news update headlined "Suspended justice retires because of porn emails."

Steve Esack of The Morning Call of Allentown, Pennsylvania has a news update headlined "PA Supreme Court Justice Seamus McCaffery retires amid email scandal, investigation."

The Associated Press reports that "Pennsylvania justice in porn email scandal retires."

And Bloomberg News reports that "Pennsylvania's 'Eagles Court' Judge Retires Amid Porn Probe."

The Supreme Court of Pennsylvania today issued this related order. In addition, Justice Debra McCloskey Todd issued a concurring statement.

Also today, the Judicial Conduct Board of Pennsylvania issued this news release.
Posted at 01:36 PM by Howard Bashman



"Not a Difficult Decision: Why the Court Shouldn't Grant Cert. in King v. Burwell." Brianne Gorod has this post today at "Balkinization."
Posted at 01:33 PM by Howard Bashman


In the November 2014 issue of ABA Journal magazine: Mark Walsh has an article headlined "Fisherman convicted of violating Sarbanes-Oxley will be heard by the Supreme Court."

David L. Hudson Jr. has an article headlined "NY high court says anti-cyberbullying law won't pass First Amendment muster."

Lorelei Laird has an article headlined "Cities get mired in civil rights disputes in trying to deal with growing homeless populations."

And the new installment of Bryan A. Garner's "On Words" column is headlined "How to regain the joy of reading."
Posted at 01:30 PM by Howard Bashman



"A conversation with Supreme Court Justice Ruth Bader Ginsburg": The Aspen Institute has posted the video of Justice Ginsburg's recent AspenX conversation with law professor Jeffrey Rosen on YouTube at this link.
Posted at 01:16 PM by Howard Bashman


"Supreme Court, With Terse Orders, Has Judges and Lawyers Reading Tea Leaves": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:04 PM by Howard Bashman


"OJ Simpson appeal in hands of Nevada Supreme Court": The Associated Press has this report.
Posted at 12:00 PM by Howard Bashman


"The Joseph Story Distinguished Lecture: Repointing the Constitution." Last Wednesday, D.C. Circuit Judge Janice Rogers Brown delivered this Heritage Foundation lecture, which you can view online via YouTube.

Today at National Review Online, Quin Hillyer has a related essay titled "On 'Repointing' the Constitution: It is not for judges to stand above the Constitution and impose their version of justice."
Posted at 11:55 AM by Howard Bashman



"Actually, the Founders Rejected the Death Penalty: Washington, Adams and others embraced views of an Italian writer who opposed the punishment." Law professor John Bessler has this op-ed in today's edition of The National Law Journal.

You can freely access the full text of the op-ed via Google.
Posted at 11:50 AM by Howard Bashman



"Ex-judges raise concerns about pending execution": The Associated Press has a report that begins, "Several former judges will ask the U.S. Supreme Court to halt the execution of a Missouri man because they say a mistake by his attorneys denied him his right to a federal court appeal."
Posted at 11:10 AM by Howard Bashman


"Ask the author: Chief Judge Katzmann on statutory interpretation." Ronald Collins has this post today at "SCOTUSblog."
Posted at 10:17 AM by Howard Bashman


"Fear Of Blowing Big Calls May Affect How Umpires Do Their Jobs": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:54 AM by Howard Bashman


"Court in Va. examines death row isolation policy": The Associated Press has a report that begins, "Virginia's practice of automatically holding death row inmates in solitary confinement will be reviewed by a federal appeals court in a case that experts say could have repercussions beyond the state's borders."
Posted at 09:51 AM by Howard Bashman


"Former U.S. Solicitor General shares insights with law students": The Daily Beacon of the University of Tennessee has this report.
Posted at 08:02 AM by Howard Bashman


"Ted Olson: 'Point of no return' on gay marriage passed." USA Today has this report.
Posted at 07:55 AM by Howard Bashman


"Star challenging publication ban that keeps identities of toddler and parents who killed her secret; The publication ban is the latest in a series of obstacles preventing the public from easily accessing Ontario's court system": The Toronto Star has this report.
Posted at 07:53 AM by Howard Bashman


"Law School honors Supreme Court justices": This article appears in today's edition of The Yale Daily News.
Posted at 07:44 AM by Howard Bashman


"High praise for special counsel to troubled Pa. high court": In today's edition of The Philadelphia Inquirer, Jeff Gammage has a front page article that begins, "Colleagues say Robert Byer practices law with the precision of a diamond-cutter: Disciplined, dispassionate, and led by keen intelligence."

And in today's edition of The Pittsburgh Post-Gazette, Bill Toland has an article headlined "Scandals raise question about whether Pennsylvania judges should be elected."
Posted at 07:40 AM by Howard Bashman



Sunday, October 26, 2014

"Carr brothers case thrusts Kansas Supreme Court into governor's race; Victims' families fighting to remake court for overturning death sentences": The Associated Press has this report.
Posted at 11:11 PM by Howard Bashman


"UVa law school plays strong role in Supreme Court cases": The Daily Progress of Charlottesville, Virginia has this report.
Posted at 09:52 PM by Howard Bashman


"Supreme Court Keeps a Widow Waiting": Kenneth Jost has this post today at his blog, "Jost On Justice."
Posted at 09:28 PM by Howard Bashman


"'Never dance with a Cuban,' Sotomayor says": Robert Barnes has this entry today at the "Post Politics" blog of The Washington Post.
Posted at 05:16 PM by Howard Bashman


"The good justice: 'Breaking In: The Rise of Sonia Sotomayor and the Politics of Justice.'" Judge David Wecht of the Superior Court of Pennsylvania has this review of Joan Biskupic's newest book in today's edition of The Pittsburgh Post-Gazette.
Posted at 05:12 PM by Howard Bashman


"Pa. Supreme Court in 'sad state' as scandals tarnish reputation": Brad Bumsted has this front page article in today's edition of The Pittsburgh Tribune-Review.
Posted at 05:06 PM by Howard Bashman


"How to put order back in Pa. courts": Lynn A. Marks and Suzanne Almeida of Pennsylvanians for Modern Courts have this op-ed in today's edition of The Philadelphia Inquirer.
Posted at 04:36 PM by Howard Bashman


"Chuck Schumer: Supreme Court Will Thwart Democrats For Decades If We Lose Midterms." Zach Carter of The Huffington Post has this report.
Posted at 04:25 PM by Howard Bashman


"A boy's passport becomes a big Supreme Court case": Richard Wolf of USA Today has this report.

The Hill has a blog post titled "Zivotofsky v. Kerry: Jerusalem status in the hands of SCOTUS."

And at the "Lawfare" blog, Jodie Liu has a post titled "Oral Argument Preview: Zivotofsky v. Kerry."
Posted at 04:22 PM by Howard Bashman



"Justice Ruth Bader Ginsburg confirms she's a diva at Arena Stage": Veronica Toney has this entry at the "Reliable Source" blog of The Washington Post.
Posted at 11:54 AM by Howard Bashman


Saturday, October 25, 2014

"Swift justice": In Sunday's edition of The Pittsburgh Tribune-Review, Joseph Sabino Mistick will have an op-ed that begins, "Meteorologists tell us that lightning can strike on a sunny day. And when it happens, folks talk about little else. And so it is with the suspension of Pennsylvania Supreme Court Justice Seamus McCaffery by his fellow justices last week."
Posted at 10:44 PM by Howard Bashman


"National money flows into Montana Supreme Court race": The Missoulian has this report.

And The Associated Press reports that "Colleague questions candidate's skills for Montana Supreme Court."
Posted at 10:40 PM by Howard Bashman



"Partisan groups have keen interest in non-partisan NC Supreme Court races": The Charlotte Observer has this report.
Posted at 10:34 PM by Howard Bashman


"Justice French: Court the 'backstop' for GOP legislation." The Columbus (Ohio) Dispatch has this blog post.
Posted at 10:32 PM by Howard Bashman


"A Call to Expose the Unnecessary Secrets of the Supreme Court: One justice publicly announced an error in her dissent, but such candor is rare." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- will have this op-ed in Monday's edition of The National Law Journal.

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



"Justices who graduated from Yale Law School hold court": Robert Barnes will have this article in Sunday's edition of The Washington Post.

In Sunday's edition of The New York Times, Adam Liptak will have an article headlined "Three Supreme Court Justices Return to Yale."

The Associated Press reports that "US Supreme Court justices concerned over lack of diversity in the bench."

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Three Justices Swap Stories at Yale Law School." You can freely access the full text of the post via Google.

And Yale Law School issued a news release titled "Supreme Court Justices Thomas '74, Alito '75, and Sotomayor '79 Receive Award of Merit."

You can view the conversation with the Justices via YouTube in a video titled "2014 Alumni Weekend Award of Merit Ceremony."
Posted at 08:36 PM by Howard Bashman



"The Courts' Baffling New Math: By what logic do hundreds of thousands of people simply stop counting?" Dahlia Lithwick has this jurisprudence essay online at Slate.

In response at his "Simple Justice" blog, Scott H. Greenfield has a post titled "Horse-Trading Constitutional Rights" (via Senior U.S. District Judge Richard G. Kopf's post at his "Hercules and the Umpire" blog titled "The evisceration of Dahlia Lithwick").
Posted at 01:18 PM by Howard Bashman



"State Supreme Court rejects McDaniel appeal": This front page article appears in today's edition of The Clarion-Ledger of Jackson, Mississippi.

And Reuters reports that "Mississippi Supreme Court rejects McDaniel Senate primary challenge."

You can access yesterday's ruling of the Supreme Court of Mississippi at this link.
Posted at 01:10 PM by Howard Bashman



"Republic sues state to reveal info on lethal injections": Michael Kiefer has this article in today's edition of The Arizona Republic.
Posted at 12:51 PM by Howard Bashman


"Supreme Court Justice Sotomayor gives UNH students 'nuggets' for life": This front page article appears in today's edition of The New Haven Register.

And at 2:45 p.m. eastern time today, Justices Clarence Thomas, Samuel A. Alito, Jr., and Sonia Sotomayor will receive Yale Law School's Award of Merit. You can view the ceremony, and a conversation among the Justices to follow, live on YouTube via this link.
Posted at 12:46 PM by Howard Bashman



"Despite hype, House still hasn't sued Obama": Josh Gerstein of Politico.com has this report.
Posted at 12:24 PM by Howard Bashman


"Court tosses Saab suit against GM": The Detroit News has this report.

The Flint Journal has an article headlined "Appeals court: GM not on the hook for botched 200 million euro Saab deal."

And Jonathan Stempel of Reuters reports that "U.S. appeals court rules for GM over Spyker's Saab sale."

My earlier coverage of yesterday's Sixth Circuit ruling appears at this link.
Posted at 10:00 AM by Howard Bashman



"Judge nixes opposite-sex couple's bid to join same-sex marriage lawsuit; Judge ruled Phillip and Sandra Unruh have no legal right to join suit": The Associated Press has a report that begins, "A federal judge has spurned an effort by a heterosexual couple to intervene in a lawsuit challenging the Kansas ban on gay marriage."
Posted at 09:47 AM by Howard Bashman


"Kathy Ruemmler drops out of attorney general race": Politico.com has this report.

And The Associated Press reports that "Former Obama lawyer nixes attorney general offer."
Posted at 09:45 AM by Howard Bashman



"Oklahoma County judge rules against abortion doctor in effort to put new law on hold": Today's edition of The Oklahoman contains this front page article.

Today's edition of The Tulsa World contains a front page article headlined "Judge refuses to block challenged law putting restrictions on abortions."

The Associated Press reports that "Judge rules Oklahoma abortion law can take effect."

And Bloomberg News reports that "Oklahoma Abortion Doctor Privileges Law Upheld by Court."
Posted at 09:44 AM by Howard Bashman



"Man accused of smashing Oklahoma Ten Commandments monument is identified; A man told authorities he smashed his car into the Ten Commandments monument outside the Oklahoma state Capitol because Satan told him to do it": This front page article appears in today's edition of The Oklahoman.

And today's edition of The Tulsa World contains a front page article headlined "Authorities: Suspect says Satan told him to destroy the State Capitol's Ten Commandments monument; Ten Commandments monument will be rebuilt, governor says."
Posted at 09:37 AM by Howard Bashman



"Court upholds Scott Roeder's conviction in George Tiller's murder but orders resentencing": The Wichita Eagle contains this front page article today.

Today's edition of The Topeka Capital-Journal contains an article headlined "Kansas Supreme Court vacates Roeder's 'Hard 50' sentence; U.S. Supreme Court decision cited for resentencing of abortion doctor's killer."

Tony Rizzo of The Kansas City Star reports that "Kansas Supreme Court orders new sentencing in the killing of Wichita abortion doctor."

And The Associated Press reports that "Kansas court affirms verdict in abortion shooting."

You can access yesterday's ruling of the Supreme Court of Kansas at this link.
Posted at 09:32 AM by Howard Bashman



"Abortion Capital of Bible Belt? Tennessee Vote Tests That Idea." This front page article appears in today's edition of The New York Times.

And today's edition of The Tennessean contains an article headlined "Abortion amendment backers urged to sit out gov's race."
Posted at 09:16 AM by Howard Bashman



Friday, October 24, 2014

"Judge's One Wrong Word Overturns 50-Year Sentence": Pamela A. MacLean has this post at her "Trial Insider" blog reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.

And in other coverage, Courthouse News Service reports that "Judge's Error Leads 9th Circuit to Grant Habeas."
Posted at 04:58 PM by Howard Bashman



"Free bird": Benjamin Gould has this post today at his blog, "Appellate Briefs," discussing a ruling that the U.S .Court of Appeals for the Sixth Circuit issued today.
Posted at 04:52 PM by Howard Bashman


"The Supreme Court's devotees go DIY": Robert Barnes of The Washington Post has this report.
Posted at 04:48 PM by Howard Bashman


"2014 Supreme Court Roundup: An explanation of the Court's affirmations of our right not to go along." Michael Stokes Paulsen has this article in the November 2014 issue of First Things.
Posted at 04:06 PM by Howard Bashman


"The Political Scene: President Obama's Judicial Legacy." The New Yorker has posted online this podcast featuring Jeffrey Toobin.
Posted at 01:20 PM by Howard Bashman


"Driver smashes Oklahoma Ten Commandments statue": The Associated Press has a report that begins, "Authorities say someone drove across the Oklahoma Capitol lawn and knocked over a Ten Commandments monument that a group has been suing to have removed, smashing it to pieces."

And The Oklahoman has a news update headlined "Car smashes Ten Commandments monument outside Capitol building; A car smashed into the Ten Commandments statue outside the Oklahoma State Capitol building Thursday night."
Posted at 01:11 PM by Howard Bashman



"Saab * * * sued General Motors Company for tortious interference with economic expectancy under Michigan law, claiming that GM made public statements that caused a transaction between Saab and a Chinese investor to fall through, thereby driving Saab into bankruptcy." Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued a ruling that affirmed a district court's order dismissing Saab's lawsuit.
Posted at 01:03 PM by Howard Bashman


"Supreme Court Becomes Night Court in October of Oddities": Greg Stohr of Bloomberg News has this report.
Posted at 12:00 PM by Howard Bashman


"Why I am also #waitingforSutton": Kevin C. Walsh has this post today at the "Mirror of Justice" blog.
Posted at 11:04 AM by Howard Bashman


"Tort Blowout Preventer: An opportunity for the Supreme Court to clarify class-action law." This editorial appears in today's edition of The Wall Street Journal.

You can freely access the full text of the editorial via Google.
Posted at 10:42 AM by Howard Bashman



"SCOTUSblog on camera: Laurence H. Tribe (Part three)." "SCOTUSblog" has this post today.
Posted at 10:28 AM by Howard Bashman


"Brownback doubles down on statements that justice hosted Davis event; Kansas State Troopers PAC endorses Davis": The Topeka Capital-Journal has an article that begins, "Republican Gov. Sam Brownback doubled down Thursday on a TV ad and statement he made during a debate earlier this week charging a Kansas Supreme Court justice had hosted a fundraiser for his Democratic challenger."
Posted at 10:25 AM by Howard Bashman


"If GOP takes back Senate, will parties flip views on filibuster, again?" Jack Pitney has this blog post online today at The Christian Science Monitor.
Posted at 10:24 AM by Howard Bashman


"Michigan Supreme Court rejects motion to reconsider 'juvenile lifers' ruling": MLive.com has this report.
Posted at 10:20 AM by Howard Bashman


"Omar Khadr wins right to expand lawsuit against Ottawa; A Federal Court ruling means Omar Khadr can significantly expand his $20-million civil lawsuit in which he accuses Ottawa of complicity in what he claims was his torture at the hands of the Americans": The Canadian Press has this report.
Posted at 10:18 AM by Howard Bashman


"Suspended Pa. Supreme Court Justice McCaffery won't be charged over wife's referral fees": The Pittsburgh Tribune-Review has this report.

And in today's edition of The Philadelphia Daily News, columnist Christine M. Flowers has an essay titled "Judging judges who shouldn't be judging."
Posted at 09:57 AM by Howard Bashman



"Sixth Circuit agrees to rehear 'heckler's veto' decision": Eugene Volokh has this post at "The Volokh Conspiracy."

You can view yesterday's order of the U.S. Court of Appeals for the Sixth Circuit granting rehearing en banc at this link. My earlier coverage of the divided three-judge panel's now-vacated ruling in the case can be accessed here.
Posted at 09:44 AM by Howard Bashman



"On Race and Voter ID, John Roberts Wants It Both Ways; Once, the chief justice said the only way to stop discriminating on race was to stop discrimination on race; Now his tune isn't so clear": Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 09:40 AM by Howard Bashman


Thursday, October 23, 2014

"Supreme Court grants Law School clinic petition; Henderson v. U.S. to appear before Court in February": The Cavalier Daily has this report.
Posted at 10:58 PM by Howard Bashman


"Utah governor: Gay marriage may drive religious-freedom law; Herbert also says LGBT anti-discrimination laws should be left to cities." The Salt Lake Tribune has this news update.
Posted at 10:56 PM by Howard Bashman


"Utah Supreme Court lifts same-sex adoption stay": The Salt Lake Tribune has this news update.

And The Deseret News has an update headlined "Stay lifted on adoptions by same-sex parents in Utah."
Posted at 10:52 PM by Howard Bashman



"Eleventh Circuit Chief Declares End to Emergency": Alyson M. Palmer of The Fulton County (Ga.) Daily Report has an article that begins, "With his court back to nearly full strength, the chief judge of the U.S. Court of Appeals for the Eleventh Circuit has announced the end of a court emergency." You can freely access the full text of the article via Google.

You can view General Order No. 42, which the U.S. Court of Appeals for the Eleventh Circuit issued last Friday, at this link.
Posted at 10:34 PM by Howard Bashman



"Conservatives and Liberals Agree: Don't Trust Courts." Francis Barry has this essay online at Bloomberg View.
Posted at 09:04 PM by Howard Bashman


"Couple seeks to defend state's same-sex marriage ban; Phillip and Sandra Unruh argue in court filing their marriage would be harmed": The Topeka Capital-Journal has this news update.
Posted at 08:54 PM by Howard Bashman


"Brownback supports effort to get voters to oust 2 Kansas Supreme Court justices in election": The Associated Press has this report.
Posted at 08:52 PM by Howard Bashman


"The Disgust Election": Online at The New York Times, Timothy Egan has an essay that begins, "Justice Anthony Kennedy doesn't strike me as the kind of guy I'd want to share a beer and a brat with, or be stuck next to on a long flight. But I would like for the most influential swing voter on the Supreme Court to step away from his legal aerie, and wade through some of the muck that he and four fellow justices have given us with the 2014 campaign."
Posted at 08:33 PM by Howard Bashman


"Criminal defense lawyers' group: no reason to shun Koch Industries' money." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 05:42 PM by Howard Bashman


"Lewinsky mistreated by authorities in investigation of Clinton, report says": Rosalind S. Helderman of The Washington Post has this news update.
Posted at 04:42 PM by Howard Bashman


"Broadcasters win preliminary injunction against Aereo": Reuters has this report.

I have uploaded at this link today's opinion and order of the U.S. District Court for the Southern District of New York.

Update: At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Judge Issues Aereo Injunction, Stops Short of Enjoining Time-Shifting; The ruling mostly grants what the TV broadcasters were seeking after the Supreme Court issued its own opinion."
Posted at 04:25 PM by Howard Bashman



"Roberts at 10: The Evolving Story of John Roberts and Congress's Commerce Clause and Spending Clause Powers." The Constitutional Accountability Center has posted online its latest installment -- written by Brianne Gorod -- of its year-long project titled "Roberts at 10."
Posted at 03:32 PM by Howard Bashman


"Millions view talking dogs online spoof of U.S. Supreme Court": Lawrence Hurley of Reuters has a report that begins, "A comedy sketch with dogs portraying members of the U.S. Supreme Court -- picture Ruth Bader Ginsburg as a Chihuahua -- had scored more than two million YouTube views by Thursday, drawing attention to the high court's secretive ways via some cheap laughs."

You can access the video on YouTube by clicking here.
Posted at 03:14 PM by Howard Bashman



"Justice Ginsburg Issues Timely Correction in Texas Voter ID Dissent": Today at WSJ.com's "Washington Wire" blog, Jess Bravin has a post that begins, "Justice Ruth Bader Ginsburg may have made history a second time with her dissent from last week's Supreme Court order allowing Texas to implement its voter-identification law in next month's election."

And yesterday at the "First Draft" blog of The New York Times, Adam Liptak had a post titled "Supreme Court Edits a Dissent, and Admits It."
Posted at 01:42 PM by Howard Bashman



"The Al Bahlul Argument: Article III, Conspiracy, and Precepts of International Law." Peter Margulies has this post today at the "Lawfare" blog.

At "Just Security," Steve Vladeck has a post titled "Due Process and the Military Commissions."

In related news coverage, Jess Bravin has an article headlined "Judges Question Use of Conspiracy Charges for Terror Suspects; Appeals Court Hears Arguments on Using Military Courts for Offenses Other Than War Crime" in today's edition of The Wall Street Journal. You can freely access the full text of the article via Google.

And The Telegraph (UK) reports that "Guantanamo Bay war crimes tribunals face shutdown over legal challenge; War crimes tribunals being faced by Khalid Sheikh Mohammed and other 9/11 accused may be unconstitutional and should be closed, US Appeals Court hears."
Posted at 01:28 PM by Howard Bashman



Seventh Circuit decides case involving the Video Privacy Protection Act, "[e]nacted in 1988 in response to the Washington City Paper's publication of then-Supreme Court nominee Robert Bork's video rental history": You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 01:20 PM by Howard Bashman


"Playing Politics With the Supreme Court Over Obamacare": Elizabeth B. Wydra has this blog entry today at The Huffington Post.
Posted at 01:14 PM by Howard Bashman


"Comparing Justices Sotomayor and Kagan": Josh Blackman has this blog post today.
Posted at 01:03 PM by Howard Bashman


"Olympian Jim Thorpe's remains should not be moved: U.S. court." Jonathan Stempel of Reuters has this report.

And The Associated Press reports that "Pennsylvania town can keep Jim Thorpe's body."

My earlier coverage of today's Third Circuit ruling can be accessed here.
Posted at 12:56 PM by Howard Bashman



"The legal inquiry into Justice Lori Douglas must end": Online at The Toronto Globe and Mail, Kyle Kirkup has an essay that begins, "Associate Chief Justice Lori Douglas -- a judge from Manitoba whose former husband allegedly posted private, sexually explicit photos of her on the Internet without her consent -- appears to have been the victim of revenge porn."
Posted at 11:36 AM by Howard Bashman


"Third Circuit Holds NAGPRA Does Not Require Repatriation of Jim Thorpe's Remains": At the "Turtle Talk" blog, Matthew L.M. Fletcher has this post about a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 11:25 AM by Howard Bashman


"SCOTUSblog on camera: Laurence H. Tribe (Part two)." "SCOTUSblog" has this post today.
Posted at 10:58 AM by Howard Bashman


"McCaffery should resign": Today's edition of The Scranton (Pa.) Times-Tribune contains an editorial that begins, "Suspended state Supreme Court Justice Seamus McCaffery has reached that sad place where his own resignation is the only legitimate act of public service that he can perform."
Posted at 08:42 AM by Howard Bashman


"Meme Supreme: Justice Ginsburg's internet fame." Hunter Harris has this essay online at The Berkeley Beacon.

And The Washington Post reports that "Ruth Bader Ginsburg takes the stage at Arena for Friday's 'Our War' performance."
Posted at 08:40 AM by Howard Bashman



"What Justice Department vacancies mean for Obama": CBS News has this report.
Posted at 08:33 AM by Howard Bashman


"Constitution Check: Will a brief 1972 ruling stop the same-sex marriage movement?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:30 AM by Howard Bashman


"Americans' Support for Death Penalty Stable": Gallup.com has this report.
Posted at 08:26 AM by Howard Bashman


"Pennsylvania law aims to curb Mumia Abu-Jamal's 'obscene celebrity'; Gov. Tom Corbett signed a first-in-the-nation law allowing crime victims the right to seek an injunction against offenders on grounds that speech could cause 'mental anguish'; Civil rights groups are likely to challenge law in court": Stacy Teicher Khadaroo of The Christian Science Monitor has this report.
Posted at 08:23 AM by Howard Bashman


"Montana Supreme Court race takes on partisan edge": The Associated Press has a report that begins, "A nonpartisan race for Montana Supreme Court has taken a distinctly partisan edge, with challenger Lawrence VanDyke trying to cast Justice Mike Wheat as a liberal activist judge as his Republican backers pour tens of thousands of dollars into ads to support that message."
Posted at 08:20 AM by Howard Bashman


"Republicans Set to Gain From Laws Requiring Voter IDs": William Selway, Mark Niquette, and Greg Stohr of Bloomberg News have this report.
Posted at 08:15 AM by Howard Bashman


"3 states deny gay unions despite appellate rulings": Mark Sherman of The Associated Press has this report.
Posted at 08:14 AM by Howard Bashman


Wednesday, October 22, 2014

"Denied Survivor's Benefits After Wife's Death, Texas Widow Files a Federal Suit": Erik Eckholm will have this article in Thursday's edition of The New York Times.
Posted at 11:15 PM by Howard Bashman


"'It makes me sick.' Judges, lawyers weigh Pa. court's latest scandal": In Thursday's edition of The Philadelphia Inquirer, Joseph A. Slobodzian will have an article that begins, "For a profession that burnishes an image of dispassion and decorum, what's happening with the Pennsylvania Supreme Court is like a food fight at a very public banquet."

And in Thursday's edition of The Morning Call of Allentown, Pennsylvania, Steve Esack will have an article headlined "McCaffery suspension may pit king's power against will of the people."
Posted at 10:58 PM by Howard Bashman



"Gay Pride Charade: U.S. Progress On Gay Rights Is More Modest Than It Appears." Omar G. Encarnacion has this essay online at Foreign Affairs.
Posted at 10:55 PM by Howard Bashman


"Shame on Texas and the U.S. Supreme Court": Andrew Cohen has this op-ed online at The Los Angeles Times.
Posted at 10:50 PM by Howard Bashman


"Supreme Court to hear 1985 murder case; Three men were shot execution-style in a San Diego auto repair shop": The San Diego Union-Tribune has this report.
Posted at 10:48 PM by Howard Bashman


"State appeals to 9th U.S. Circuit Court to restore Alaska's same-sex marriage ban": Alaska Dispatch News has this report on a petition for initial en banc review that the State of Alaska filed today in the U.S. Court of Appeals for the Ninth Circuit.
Posted at 10:14 PM by Howard Bashman


"McCaffery is new poster boy for merit selection": Bill White has this essay online at The Morning Call of Allentown, Pennsylvania.
Posted at 07:58 PM by Howard Bashman


"Judge Mark Fuller's 2012 divorce files unsealed": Brian Lyman of The Montgomery Advertiser has this report.

And AL.com reports that "Judge Fuller divorce records reveal little, show parties struggled over keeping proceedings secret."
Posted at 06:15 PM by Howard Bashman



"Business groups swarm against federal agency rulemaking in SCOTUS case": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 06:02 PM by Howard Bashman


"U.S. court tosses Argentina appeal over funds held by BNY Mellon": Nate Raymond of Reuters has this report.
Posted at 05:16 PM by Howard Bashman


"Supreme Court's next move will reveal its true intent toward voting rights": Carl P. Leubsdorf has this essay online at The Dallas Morning News.
Posted at 04:42 PM by Howard Bashman


"Silent treatment: The Supreme Court and voting rights." Steven Mazie has this post today at the "Democracy in America" blog of The Economist.
Posted at 04:30 PM by Howard Bashman


"Big Tech winning battle with 'patent trolls'": Andrew Chung and Dan Levine of Reuters have this report.
Posted at 04:12 PM by Howard Bashman


"Appeal sought in Puerto Rico gay marriage case": The Associated Press has this report.
Posted at 02:33 PM by Howard Bashman


"Chimpanzees are people, too: The moral case for protecting their basic rights." Professor Peter Singer has this essay online at The New York Daily News.
Posted at 02:08 PM by Howard Bashman


"Appeals court ponders future of war crimes trials": Lyle Denniston has this post today at "SCOTUSblog."

Update: You can access via this link (31.6 MB mp3 audio file) the audio of today's D.C. Circuit oral argument in Ali Hamza Ahmad al Bahlul v. United States, No. 11-1324.
Posted at 02:06 PM by Howard Bashman



"A Holder Legacy: Shifting Terror Cases to the Civilian Courts, and Winning." Matt Apuzzo has this article in today's edition of The New York Times.
Posted at 02:03 PM by Howard Bashman


"Supreme Court Justice Stephen Breyer with Thane Rosenbaum": You can view at this link the video of last night's event at the 92nd Street Y in New York City.
Posted at 01:58 PM by Howard Bashman


"Court of Appeals considers neo-Pagan tax exemption case; Jurists weigh denial of religious tax break": Robert Gavin has this article in today's edition of The Times Union of Albany, New York (via "Religion Clause").
Posted at 11:06 AM by Howard Bashman


"Proving Non-Obviousness with Ex-Post Experimental Evidence?" At the "Patently-O" blog, Dennis Crouch has a post that begins, "The Federal Circuit has rejected BMS's petition for en banc rehearing in its chemical compound obviousness case. However, four additional opinions either concurring or dissenting show that the court does not speak with one-mind on the issue."
Posted at 11:04 AM by Howard Bashman


"Academic Hubris and the Puzzling Case of Judge Posner": Neil H. Buchanan had this interesting blog post yesterday at "Dorf on Law."
Posted at 11:02 AM by Howard Bashman


"SCOTUSblog on camera: Laurence H. Tribe (Part one)." "SCOTUSblog" has this post today.
Posted at 10:58 AM by Howard Bashman


"Undocumented immigrant Jose Godinez-Samperio tells of becoming lawyer": This article appears in today's edition of The Tampa Bay Times.
Posted at 09:40 AM by Howard Bashman


"PA Supreme Court Scandal Leads To Calls For Statewide Court Reform": Cherri Gregg of KYW Newsradio has this report.

Today's edition of The Pittsburgh Post-Gazette contains an editorial titled "Justice sidelined: Pa. would be better off if McCaffery resigned."

And in today's edition of The Philadelphia Inquirer, Phil Goldsmith has an op-ed titled "Court saga is disgraceful and ongoing."
Posted at 09:05 AM by Howard Bashman



"Constitution Check: When the Supreme Court acts silently, what does it mean to say?" Lyle Denniston had this post yesterday at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:00 AM by Howard Bashman


"Supreme Retirements and the Habit of Politics": Richard M. Re had this post yesterday at "PrawfsBlawg."
Posted at 08:57 AM by Howard Bashman


"Retired U.S. Supreme Court justice in Grand Rapids: John Paul Stevens thinks Constitution will be amended." MLive.com has this report.
Posted at 08:55 AM by Howard Bashman


"Otter requests review of gay marriage ruling": The Associated Press has a report that begins, "Gov. C. L. 'Butch' Otter is asking the 9th Circuit Court of Appeals for an 11-judge panel to review the three-judge ruling that overturned Idaho's gay marriage ban last week."

And Chris Geidner of BuzzFeed reports that "Idaho Governor Asks Appeals Court To Reconsider Same-Sex Marriage Ruling."
Posted at 08:54 AM by Howard Bashman



"Pill mill doctor's life sentence to be reconsidered, U.S. Supreme Court orders": The Columbus (Ohio) Dispatch has this report.
Posted at 08:50 AM by Howard Bashman


"Rare U.S. Supreme Court ruling keeps wife killer behind bars for life; Cypress businessman Marvin Vernis Smith could have walked free if the Supreme Court had not ruled the way it did": This article appears in today's edition of The Orange County Register.
Posted at 08:46 AM by Howard Bashman


Tuesday, October 21, 2014

"McCaffery ordered to turn in court-issued equipment": In Wednesday's edition of The Philadelphia Inquirer, Angela Couloumbis and Jeremy Roebuck will have an article that begins, "The Pennsylvania Supreme Court on Tuesday told Justice Seamus P. McCaffery to turn over computers and other court-issued equipment, and moved swiftly to cancel the Internet service it provides at McCaffery's Northeast Philadelphia home."

And in Wednesday's edition of The Pittsburgh Tribune-Review, Brad Bumsted will have an article headlined "Justice blames feud for his ouster; chief of court admits he did seek to remove him."
Posted at 11:26 PM by Howard Bashman



"Federal appeals court overturns conviction in D.C. child sex predator case": The Washington Times has this news update reporting on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 10:54 PM by Howard Bashman


"Foreign Chefs Get Treat in Court's Visa Ruling; Appeals Judges Find Brazilian Steakhouse's Cooks Have Specialized Knowledge": Joe Palazzolo will have this article in Wednesday's edition of The Wall Street Journal. You can freely access the full text of the article via Google.

And at the "Federal Eye" blog of The Washington Post, Jerry Markon and Tim Carman have an entry titled "Fogo de Chao wins meaty case in visa fight with Homeland Security."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 10:50 PM by Howard Bashman



"Appeals Court Rejects Police Handcuffing of Elementary Student": Mark Walsh has this post at the "School Law" blog of Education Week.
Posted at 10:42 PM by Howard Bashman


"Puerto Rico Federal Judge: Only Supreme Court Can Allow Same-Sex Marriage." Chris Geidner of BuzzFeed has this report.
Posted at 09:20 PM by Howard Bashman


"Washington Supreme Court Hears Arguments In Backpage Case": Boise State Public Radio has this report.

KIRO-TV reports that "Backpage.com lawsuit could have major effect on sex trafficking."

And The Associated Press reports that "Backpage.com ask high court to throw out lawsuit."
Posted at 09:14 PM by Howard Bashman



"Ruth Bader Ginsburg gets ready for her close-up": Politico.com has this report.
Posted at 08:44 PM by Howard Bashman


"Corbett in Phila. signs 'Mumia bill'": Joe Dolinsky of The Philadelphia Inquirer has a news update that begins, "Just a few feet from the site where Philadelphia Police Officer Daniel Faulkner was gunned down by Mumia Abu-Jamal in 1981, Gov. Corbett on Tuesday signed into law a bill that would censor former offenders from causing victims mental anguish."
Posted at 08:40 PM by Howard Bashman


"Pa. Justice McCaffery agrees to drop suit against Inquirer": The Philadelphia Inquirer has a news update that begins, "State Supreme Court Justice Seamus P. McCaffery agreed Tuesday to withdraw his defamation suit against The Inquirer for articles detailing how his wife collected lucrative referral fees from personal-injury law firms while serving as his judicial aide."
Posted at 08:32 PM by Howard Bashman


"McCaffery, Rapaport Drop Defamation Suit": Gina Passarella of The Legal Intelligencer has this news update. You can freely access the full text of the article via Google.

And The Associated Press has a report headlined "Seamus McCaffery adviser: No official misconduct charge expected."
Posted at 06:21 PM by Howard Bashman



"Law signed to curb Abu-Jamal's 'obscene celebrity'": The Associated Press has a report that begins, "Ignoring the chants of protesters on the block where a police officer was killed and the cause celebre of Mumia Abu-Jamal was born, Gov. Tom Corbett signed into law Tuesday a measure he said would curb the 'obscene celebrity' cultivated by convicts at the expense of victims."
Posted at 05:50 PM by Howard Bashman


"Porn and consequences: McCaffery is suspended from Pa. high court." Chris Brennan has this article in today's edition of The Philadelphia Daily News.
Posted at 03:52 PM by Howard Bashman


"States, enviros slam ozone limits in contentious court hearing": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:32 PM by Howard Bashman


"A closer look at Bashman's winning brief": Matthew Stiegler has this very kind post today at his "CA3blog."
Posted at 02:40 PM by Howard Bashman


"State's highest court reinstates slander suit against Syracuse University, Boeheim": The Syracuse Post-Standard has this news update.

And The Associated Press has a report headlined "NY court: Ex-ball boys can sue Boeheim for slander."

You can access today's ruling of the Court of Appeals of New York at this link.
Posted at 12:18 PM by Howard Bashman



"U.S. Supreme Court Justice Sonia Sotomayor visits San Jose State": Howard Mintz has this article in today's edition of The San Jose Mercury News.
Posted at 12:15 PM by Howard Bashman


"When Ron Castille Called Seamus McCaffery a 'Sociopath': The chief justice of the Pennsylvania Supreme Court weighs in on his colleague." Joel Mathis has this blog post today at Philadelphia Magazine.

John L. Micek of The Patriot-News of Harrisburg, Pennsylvania has an essay titled "Castille's scathing opinion lays bare dysfunction on Pa.'s highest court."

And today's edition of The Philadelphia Inquirer contains an editorial titled "Rough justice."
Posted at 12:10 PM by Howard Bashman



"Obama: Let schools use race in admissions." The Detroit News has this report.
Posted at 12:03 PM by Howard Bashman


"Feds' child slavery case fizzles, suspect gets 21 months": The Detroit Free Press has this report.

My earlier coverage of the Sixth Circuit's August 2014 ruling in this case can be accessed here.
Posted at 12:00 PM by Howard Bashman



Monday, October 20, 2014

"Supreme Court Will Consider Police Searches of Hotel Registries": Adam Liptak will have this article in Tuesday's edition of The New York Times.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court to decide police access to hotel registries."

And Richard Wolf of USA Today reports that "Justices to rule on police searches of hotel registries."
Posted at 09:45 PM by Howard Bashman



"Appeals court revives Syngenta, Bunge GMO lawsuit": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 09:33 PM by Howard Bashman


"Abbas son, magazine face off in court": Josh Gerstein has this blog post today at Politico.com.
Posted at 09:23 PM by Howard Bashman


"Supreme Court suspends McCaffery over porn e-mails": Angela Couloumbis of The Philadelphia Inquirer has a news update that begins, "The Pennsylvania Supreme Court has suspended Justice Seamus McCaffery following revelations that he sent pornographic e-mails to state employees from a private account."

The Patriot-News of Harrisburg, Pennsylvania has news updates headlined "Pa. Supreme Court suspends Justice Seamus McCaffery in the wake of porn email scandal"; "Chief Justice Ronald Castille, in concurring opinion on McCaffery's suspension, goes after colleague in angry and personal terms"; and "Suspended PA Supreme Court Justice Seamus McCaffery, in statement, blames rival and Chief Justice Ronald Castille for his suspension."

Kate Giammarise and Bill Toland of The Pittsburgh Post-Gazette have a news update headlined "Pa. Supreme Court suspends Justice McCaffery."

Brad Bumsted of The Pittsburgh Tribune-Review has a news update headlined "State Supreme Court Justice McCaffery suspended in email porn scandal."

And The Associated Press reports that "Court justice suspended over role in porn scandal."

You can access this evening's three-page order of the Supreme Court of Pennsylvania at this link. Chief Justice Ronald D. Castille issued a six-page concurring statement. And Justice Debra McCloskey Todd issued a two-page dissenting statement.
Posted at 08:50 PM by Howard Bashman



"Supreme Court to decide L.A. hotel-motel privacy case": David G. Savage of The Los Angeles Times has this news update.
Posted at 01:00 PM by Howard Bashman


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

The Court also granted a GVR in Volkman v. United States, No. 13-8827. Justice Samuel A. Alito, Jr. issued a concurrence, in which Justice Clarence Thomas joined.

In early news coverage, The Associated Press reports that "Justices will decide privacy case on hotel records"; "High court to review California death penalty case"; "Court to decide if convicted felon can sell guns"; "Justices won't revive Louisiana parish claims"; and "Court rejects appeal from Duane Reade Ex-CEO, CFO."

Lawrence Hurley of Reuters reports that "Supreme Court to decide police access to hotel guest registries"; "Supreme Court agrees to decide gun ownership case"; and "U.S. top court declines Duane Reade executives' appeals."

And at "SCOTUSblog," Lyle Denniston has a post titled "Privacy of hotel guest lists at issue."
Posted at 09:33 AM by Howard Bashman



"Crooner in Rights Spat: Are copyright laws too strict?" Louis Menand had this essay in the October 20, 2014 issue of The New Yorker.
Posted at 09:21 AM by Howard Bashman


"The Left Looks For Another Eric Holder; Progressives, for the most part invigorated by the work of the attorney general, look for a steady hand to take the reins at the Justice Department": Chris Geidner of BuzzFeed has this report.
Posted at 09:18 AM by Howard Bashman


"Do you think the Supreme Court is boring? What about puppies re-enacting Supreme Court sessions?" Jaime Fuller has this entry today at "The Fix" blog of The Washington Post.
Posted at 09:14 AM by Howard Bashman


"How the Supreme Court Made a Mess of Our Voting System": Michael Waldman has this essay online at Politico Magazine.
Posted at 08:12 AM by Howard Bashman


"Supreme Court Justice Ruth Bader Ginsburg and former President of the Supreme Court of Israel Dorit Beinisch in Conversation with Nina Totenberg": You can view at this link the video of last night's event at the 92nd Street Y in New York City.
Posted at 08:09 AM by Howard Bashman


"Porn excuse for a court": This editorial appears in today's edition of The Philadelphia Daily News.
Posted at 08:03 AM by Howard Bashman


"The Obama Brief: The President considers his judicial legacy." Jeffrey Toobin has this Annals of Law article in the October 27, 2014 issue of The New Yorker.
Posted at 08:00 AM by Howard Bashman


Sunday, October 19, 2014

"Behind the scenes: Reporting on the Supreme Court." Hannah Hoffman of The Salem (Ore.) Statesman Journal has this report.
Posted at 09:27 PM by Howard Bashman


"Voter-ID Actions Push Fight Past November; Supreme Court Lets Texas Apply Restrictions for Midterms, but Legality Hasn't Been Decided": Brent Kendall will have this article in Monday's edition of The Wall Street Journal.

You can freely access the full text of the article via Google News.
Posted at 09:25 PM by Howard Bashman



"Dawn Patrol: Justice Ruth Bader Ginsburg's critically important 5 a.m. wake-up call on voting rights." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this jurisprudence essay online today at Slate.
Posted at 03:10 PM by Howard Bashman


"Conservatives fear Roberts going soft": Josh Gerstein of Politico.com has an article that begins, "Chief Justice John Roberts seems to be going wobbly again."
Posted at 01:42 PM by Howard Bashman


"Amid intense last-minute lobbying, a divided Pa. Supreme Court mulls action in porn scandal": Jeremy Roebuck has this front page article in today's edition of The Philadelphia Inquirer.
Posted at 01:10 PM by Howard Bashman


"Supreme Court decision in Tampa case could alter judicial campaigns": Today's edition of The Tampa Tribune contains an article that begins, "A case that started with a letter written by a candidate for judge in Tampa may change how judges seek office nationwide. The U.S. Supreme Court has agreed to decide whether the First Amendment overrides certain rules that restrict how candidates campaign for judge."
Posted at 11:52 AM by Howard Bashman


Look who's coming to Philadelphia: Law professor Josh Blackman -- author of "Josh Blackman's Blog" -- will be speaking tomorrow evening to the Philadelphia lawyers' chapter of the Federalist Society. And tonight, Josh will be having dinner with me and my wife.
Posted at 11:40 AM by Howard Bashman


"Southern Justice: How an 1865 ruling in favor of Confederate soldiers just protected the vote for minorities in Arkansas." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 11:35 AM by Howard Bashman


"Abortion amendment draws, splits Tennessee voters": This article appears in today's edition of The Tennessean.
Posted at 11:30 AM by Howard Bashman


"Third Circuit Revives Biotechnology Company Shareholder Lawsuit": Saranac Hale Spencer will have this article in Monday's edition of The Legal Intelligencer. You can freely access the full text of the article via Google.

And Law360.com reports that "3rd Circ. Revives Genaera Investor Suit Over Asset Sales" (subscription required for full access).

My earlier coverage of Friday's Third Circuit ruling, in a case in which I served as appellate counsel for the prevailing plaintiff on appeal, can be accessed here.
Posted at 11:28 AM by Howard Bashman



"Porn-laced emails, blackmail threats mark return to bad old days for Pa. Supreme Court": Charles Thompson of The Patriot-News of Harrisburg, Pennsylvania has an article that begins, "Is the Pennsylvania Supreme Court backsliding toward the chaotic court of a generation ago, an era marked by bitter personal rivalries, impeachment and, above all else, sinking public confidence in judicial integrity?"

Steve Esack of The Morning Call of Allentown, Pennsylvania has an article headlined "Pennsylvania Supreme Court justices feud over racy emails."

And in today's edition of The Pittsburgh Tribune-Review, columnist Eric Heyl has an essay titled "Pennsylvania Supreme Court should get back to boring stuff."
Posted at 11:20 AM by Howard Bashman



Saturday, October 18, 2014

"Sotomayor charms USD crowd": The San Diego Union-Tribune has this news update.
Posted at 11:44 PM by Howard Bashman


"High court balks at last-minute voting changes": Mark Sherman of The Associated Press has this report.
Posted at 10:50 PM by Howard Bashman


"Obama Could Reaffirm a Bush-Era Reading of a Treaty on Torture": Charlie Savage will have this article in Sunday's edition of The New York Times.
Posted at 10:42 PM by Howard Bashman


"Judge Edith Jones and the dismissal of the ethics complaint": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 11:33 AM by Howard Bashman


"First porn, now threats?" In today's edition of The Philadelphia Daily News, David Gambacorta has an article that begins, "Hey, how do you like your judicial porn scandals? If you answered 'ever-worsening and increasingly juvenile,' you're in luck!"
Posted at 11:30 AM by Howard Bashman


"Supreme Court's 2014 term off to a stealthy start": Richard Wolf of USA Today has this report.
Posted at 11:12 AM by Howard Bashman


"Supreme Court Allows Texas to Use Voter ID Law": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court allows Texas to use voter ID law."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court allows Texas to enforce strict voter ID law."

The Washington Times has a news update headlined "Supreme Court clears the way for Texas voter ID law."

Sam Hananel of The Associated Press reports that "Justices allow Texas use of new voter ID law."

Greg Stohr of Bloomberg News reports that "Texas Voter-ID Law Allowed by U.S. Supreme Court."

Reuters reports that "Supreme Court denies request to block Texas voter ID law."

The Texas Tribune has a report headlined "U.S. Supreme Court: Texas Can Enforce Voter ID Law."

And at "SCOTUSblog," Lyle Denniston has a post titled "The Court won't interrupt Texas voter ID law."

You can access today's order of the U.S. Supreme Court, and the dissent therefrom, at this link.
Posted at 10:54 AM by Howard Bashman



Friday, October 17, 2014

"VeriFone has $15.4 mln verdict tossed by federal appeals court": Reuters has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 08:30 PM by Howard Bashman


"Appeals Court Overturns Important Fair Use Win Concerning University 'E-Reserves' -- But Potentially For Good Reasons": Mike Masnick has this post at Techdirt.
Posted at 08:20 PM by Howard Bashman


"Supreme Court denies emergency stay; state holiday delays Alaska same-sex marriages": Alaska Dispatch News has this report.
Posted at 06:04 PM by Howard Bashman


Massive Eleventh Circuit educational fair use copyright decision issued on a Friday produces a dearth of initial online coverage and analysis: Today, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued a 129-page ruling in Cambridge Univ. Press v. Patton.

At the blog "Scholarly Communications @ Duke," Kevin Smith has a post titled "A reversal for Georgia State."

The district court ruling that today's Eleventh Circuit decision reverses weighed-in at 347 pages. James Grimmelmann had this post about the district court's ruling two days after the decision issued. Perhaps not surprisingly, the case also has its own Wikipedia page.
Posted at 05:36 PM by Howard Bashman



"Florida Supreme Court rules in favor of Debra Lafave": The Tampa Bay Times has this report on a ruling that the Supreme Court of Florida issued yesterday.
Posted at 03:22 PM by Howard Bashman


"Sewell sets deadline for Fuller's resignation": Mary Troyan of The Montgomery Advertiser has this news update reporting on an op-ed titled "No Tolerance for Domestic Violence" that U.S. Representative Terri Sewell (D-AL) published today in that newspaper.

And in related news, AL.com reports that "Federal Judge Mark Fuller's divorce records to be unsealed."
Posted at 03:02 PM by Howard Bashman



In news from the Third Circuit: I am pleased to report that today the majority on a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled in my client's favor in the appeal that I argued on September 9, 2014. You can access the decision at this link.

Last month, Matt Fair of Law360.com reported on the oral argument in an article headlined "3rd Circ. Asked To Revive Genaera 'Fire Sale' Investor Row" (subscription required for full access).
Posted at 02:53 PM by Howard Bashman



"Another Justice says McCaffery threatened to link him to e-mails": Jeremy Roebuck of The Philadelphia Inquirer has this news update.

In today's edition of The Philadelphia Daily News, Chris Brennan has an article headlined "The political porn circus adds a 3rd ring."

The Pittsburgh Post-Gazette has a news update headlined "Pennsylvania Justice Eakin dragged into lewd email scandal; accuses McCaffery of blackmail."

The Patriot-News of Harrisburg, Pennsylvania has a news update headlined "Colleague says Pa. Supreme Court justice in porn email case threatened he was: 'not going down alone.'"

And Philadelphia Magazine has a blog post titled "Pa. Supreme Court Justice: McCaffery Threatened to Release Emails; Supreme Court Justice J. Michael Eakin received explicit email forwards at a Yahoo! email account; He says Justice Seamus McCaffery had threatened to release them earlier."
Posted at 02:46 PM by Howard Bashman



Thursday, October 16, 2014

Programming note: On Friday morning, I will be attending an oral argument on post-trial motions in a case on which I am working. Additional posts will appear here on Friday afternoon.
Posted at 11:06 PM by Howard Bashman


"Will the Supremes Finally Rule? Another housing discrimination case is ripe." Terry Eastland has this article in the October 27, 2014 issue of The Weekly Standard.
Posted at 10:52 PM by Howard Bashman


"Government's stance on assisted-suicide runs into skepticism from Supreme Court": In today's edition of The Toronto Globe and Mail, Sean Fine has an article that begins, "The federal government defended the criminalizing of assisted suicide and said it sought to protect disabled people from a 'prevalent bias' that their lives have less value than those of other people, as it urged the Supreme Court to reject doctor-assisted death for the second time in 20 years."
Posted at 10:46 PM by Howard Bashman


"11th Circ. Tosses $6M Engle Verdict Over Alcohol Evidence": Law360.com has a report (subscription required for full access) that begins, "The Eleventh Circuit on Thursday overturned a nearly $6 million verdict against R.J. Reynolds Tobacco Co. in a case that was once part of the historic Engle class action, finding a trial judge improperly excluded key evidence about a deceased smoker's alcohol use."

You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 10:42 PM by Howard Bashman



"Fate Of Obama's Judicial Nominees Unclear Under GOP-Controlled Senate": Jennifer Bendery of The Huffington Post has this report today.

And at Bloomberg View, Jonathan Bernstein has an essay titled "Question Day: Would Republicans Block Court Picks?"
Posted at 09:06 PM by Howard Bashman



"Marshall Islands nuke suit against U.S. gets Nobel winners' support": Bob Egelko of The San Francisco Chronicle has this blog post today.
Posted at 09:00 PM by Howard Bashman


In jurisprudence essays recently posted online at Slate: Today, Dahlia Lithwick has an essay titled "Injunction Junction: What is the Supreme Court thinking behind its unfathomable silence?"

Yesterday, Mark Joseph Stern had an essay titled "Justice for Sale: The Supreme Court is poised to make judicial elections even more corrupt."

And on Tuesday, Dahlia Lithwick had an essay titled "This Year's Most Outrageous Anti-Abortion Strategy: Tennessee out-crazies all the other states with its proposed constitutional amendment."
Posted at 05:50 PM by Howard Bashman



"Florida high court puts limits on phone tracking": The Associated Press has this report on a ruling that the Supreme Court of Florida issued today.
Posted at 05:44 PM by Howard Bashman


"New coed guard duty causing ruckus at Guantanamo high-value prison": Carol Rosenberg of The Miami Herald has this report.
Posted at 05:40 PM by Howard Bashman


"Results from independent redistricting are mixed": The Associated Press has this report.
Posted at 05:36 PM by Howard Bashman


In papers of interest recently posted at SSRN: Law professor A. E. Dick Howard has posted online an article titled "The Changing Face of the Supreme Court" (via "Legal Theory Blog").

Law professor Steven G. Calabresi has posted online a paper titled "Gay Marriage and the Fourteenth Amendment" (via "Legal Theory Blog").

Law professor John E. Campbell has posted online an article titled "Unprotected Class: Five Years, Five Judges, and Wholesale Changes to Class Action Law" (via "Legal Theory Blog").

Law professor Anil Kalhan has posted online an article titled "Stop and Frisk, Judicial Independence, and the Ironies of Improper Appearances" (via "Legal Theory Blog").

Law professor Steven J. Willis and Hans G. Tanzler IV have posted online a paper titled "Obama Care Fails the Origination Clause: Why Sissel and Hotze Should Be Reversed" (via "Legal Theory Blog").

Law professor Jason Mazzone has posted online a paper titled "Obamacare and Problems of Legal Scholarship" (via "Legal Theory Blog").

And law professor Dan T. Coenen has posted online an article titled "The Commerce Power and Congressional Mandates" (via "Legal Theory Blog").
Posted at 04:08 PM by Howard Bashman



"Clement Marks Milestone of 75 Supreme Court Arguments": 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.
Posted at 03:21 PM by Howard Bashman



"McCaffery apologizes for porn e-mail, accuses Castille of 'cooked-up controversy'": Jeremy Roebuck of The Philadelphia Inquirer has this news update.

The Patriot-News of Harrisburg, Pennsylvania has a news update headlined "Supreme Court Justice Seamus McCaffery apologizes for 'lapse in judgment' regarding pornographic emails."

The Associated Press reports that "Justice sorry for porn email, blasts colleague."

Mark Abrams of KYW Newsradio reports that "Pa. Supreme Court Justice McCaffery Says He's Being Railroaded by Chief Justice."

Philadelphia Magazine has a blog post titled "McCaffery Sorry for Porn Emails, Rips Pa. Chief Justice; Pennsylvania Supreme Court Justice Seamus McCaffery said he 'erred' in sending pornographic emails; He also ripped his colleague, Chief Justice Ron Castille."

And PoliticsPA reports that "Justice McCaffery Responds, Slams Chief Justice Castille."
Posted at 03:18 PM by Howard Bashman



"Court decision halts same-sex marriages as Alaska seeks higher court decision": Alaska Dispatch News has this report.

You can access yesterday's order of a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit granting a temporary stay at this link.
Posted at 01:38 PM by Howard Bashman



"Arkansas Supreme Court Strikes Down Voter ID Law, Saying It Exceeds State Constitution": This article appears in today's edition of The New York Times.

Arkansas News Bureau reports that "State Supreme Court strikes down voter ID law."

USA Today reports that "Arkansas high court invalidates voter ID."

Reuters reports that "Arkansas Supreme Court strikes down state's voter ID law."

And The Associated Press reports that "Arkansas high court strikes down voter ID law."

You can access yesterday's ruling of the Supreme Court of Arkansas at this link.
Posted at 01:32 PM by Howard Bashman



"Supreme Court leaves its mark on the midterms": Josh Gerstein of Politico.com has this report.
Posted at 01:20 PM by Howard Bashman


"Texas Abortion Clinics to Reopen Despite a Future in Legal Limbo": Erik Eckholm has this article in today's edition of The New York Times.
Posted at 01:16 PM by Howard Bashman


"Something Happening Here": Linda Greenhouse has this essay online at The New York Times.
Posted at 11:37 AM by Howard Bashman


Wednesday, October 15, 2014

"Court review ties McCaffery to 230 porn e-mails": Angela Couloumbis and Jeremy Roebuck of The Philadelphia Inquirer have a news update that begins, "Pennsylvania Supreme Court Justice Seamus McCaffery sent or received more than 230 e-mails containing sexually explicit content between late 2008 and mid-2012 -- including some messages sent to the state e-mail accounts of government employees, according to an analysis released Wednesday by the court's chief justice."

Karen Langley of The Pittsburgh Post-Gazette has a news update headlined "Justice Castille: McCaffery had 234 pornographic emails; Third Pennsylvania official, Randy Feathers, steps down over email scandal."

Brad Bumsted of The Pittsburgh Tribune-Review has a news update headlined "Castille: No justices except McCaffery involved in porn scandal."

And The Patriot-News of Harrisburg, Pennsylvania has a news update headlined "Review shows one Supreme Court justice sent or received sexually explicit emails: Chief justice."
Posted at 03:22 PM by Howard Bashman



"Another Ariz. immigration law shot down by 9th Circuit; The law deemed class 4 felonies as serious crimes": Michael Kiefer of The Arizona Republic has a news update that begins, "Another of Arizona's immigration laws was struck down today when the 9th U.S. Circuit Court of Appeals ruled unconstitutional a law denying bond to undocumented immigrants charged with 'serious' crimes."

Howard Fischer of The Arizona Daily Star has a news update headlined "Ruling voids Arizona ban on bail for some immigrants."

And The Associated Press reports that "Court tosses Arizona's no-bail law for immigrants."

You can access today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 03:06 PM by Howard Bashman



"Opponents ask U.S. Supreme Court to block Texas voter ID law": Lawrence Hurley of Reuters has this report.
Posted at 02:57 PM by Howard Bashman


"Supreme Court weighs generic drug dispute": Sam Hananel of The Associated Press has this report.

Greg Stohr of Bloomberg News reports that "Teva Gets Mixed Reception at U.S. High Court on Copaxone."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court justices divided over Teva patent battle."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: If gut feelings could control...."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 13-854.

In earlier commentary, online today at Bloomberg View, law professor Noah Feldman had an essay titled "Ready for a Patented Supreme Court Smackdown?"
Posted at 01:52 PM by Howard Bashman



"Judges dismiss complaint on alleged bias remarks": Pete Yost of The Associated Press has this report.

And at "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "Two Months Later, Dismissal of Fifth Circuit Judicial Misconduct Case Revealed." You can freely access the full text of the post via Google.
Posted at 01:39 PM by Howard Bashman



"Federal panel dismisses complaint against Houston judge": Lise Olsen of The Houston Chronicle has a news update that begins, "After a year-long secret investigation, a panel of federal judges in Washington, D.C., has dismissed a high-profile misconduct complaint against Houston-based Judge Edith Jones of the Fifth Circuit Court of Appeals."

You can access the dismissal order of the D.C. Circuit's Judicial Council and the earlier report of that Council's special committee via this link.

Late yesterday, the parties that brought the misconduct complaint filed an appeal from the dismissal with the Judicial Conference of the United States. Included as an attachment to the appeal were various affidavits previously filed in support of the misconduct complaint.

This blog's earlier posts relating to this matter can be accessed here, here, and here.
Posted at 10:10 AM by Howard Bashman



"Nine things to know about the Supreme Court's assisted suicide case": Sean Fine of The Toronto Globe and Mail has this report.
Posted at 08:30 AM by Howard Bashman


"Regulatory Case in North Carolina Appears to Trouble Supreme Court": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court scrutinizes regulators with a financial interest in what they regulate."

David G. Savage of The Los Angeles Times reports that "Supreme Court considers if state board serves public or limits competition."

Brent Kendall of The Wall Street Journal reports that "Supreme Court Scrutinizes Power of Licensing Boards in Teeth Whitening Case; Justices Admit to Difficult Choice in North Carolina Dental Board Suit."

Richard Wolf of USA Today has an article headlined "For Supreme Court, dental case is like pulling teeth."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court takes a bite of N.C. teeth-whitening case."

Mark Sherman of The Associated Press has a report headlined "Can dentists bar competition over teeth-whitening?"

Lawrence Hurley of Reuters reports that "Supreme Court justices chew on teeth-whitening dispute."

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Hears Arguments In Teeth Whitening Case."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in North Carolina State Bd. of Dental Examiners v. FTC, No. 13-534.
Posted at 08:22 AM by Howard Bashman



"US panel to hear appeal on NY stop and frisk case": The Associated Press has this report.
Posted at 08:06 AM by Howard Bashman


"U.S. Supreme Court justices press Nebraska, Kansas on water claims": This article appears in today's edition of The Omaha World-Herald.

And Jeremy P. Jacobs of Greenwire reports that "Justices vexed by Kan.-Neb. water dispute case."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Kansas v. Nebraska, No. 126-Orig.
Posted at 08:04 AM by Howard Bashman



"U.S. top court hears Teva's multiple sclerosis drug patent fight": Lawrence Hurley of Reuters has this report.
Posted at 07:56 AM by Howard Bashman


Tuesday, October 14, 2014

"Health care subsidy challengers see dire problems soon": Lyle Denniston has this post at "SCOTUSblog" about the reply to brief in opposition recently filed in the U.S. Supreme Court by the plaintiffs seeking review of the Fourth Circuit's ruling in King v. Burwell.
Posted at 09:00 PM by Howard Bashman


"Texas May Proceed With Voter ID Law, Appeals Court Finds": Erik Eckholm will have this article in Wednesday's edition of The New York Times.

The Austin American-Statesman has a news update headlined "Federal appeals court reinstates voter ID law."

The Texas Tribune has a report headlined "Judges: Texas Should Use Voter ID in Current Election."

The Associated Press reports that "Appeals court reinstates Texas voter ID law."

Bloomberg News reports that "Texas Can Enforce Voter-ID Law in Blow to Democrats."

Lawrence Hurley of Reuters reports that "U.S. appeals court revives Texas voter identification law."

Ryan J. Reilly of The Huffington Post reports that "Texas Voter ID Law Deemed 'Poll Tax' Reinstated by Appeals Court."

And at "SCOTUSblog," Lyle Denniston has a post titled "Circuit Court allows Texas to enforce voter ID law."

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



"Citizens United can make movie without disclosing donors, court says": The Denver Post has a news update that begins, "A documentary slamming Colorado liberals, and Democratic Gov. John Hickenlooper, can be aired without disclosing its backers, a federal appeals court in Denver ruled 3-0 in a decision released Tuesday."

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



"Supreme Court Allows Texas Abortion Clinics to Stay Open": Adam Liptak of The New York Times has this news update.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court suspends part of Texas law on abortion clinics."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Blocks Some Texas Abortion Restrictions; Justices Act in Litigation Over Abortion Clinic Standards."

Richard Wolf of USA Today reports that "Supreme Court eases impact of Texas abortion law."

Mark Sherman of The Associated Press reports that "Justices stop parts of Texas abortion law."

Greg Stohr of Bloomberg News reports that "Texas Abortion Curbs Blocked by Divided U.S. High Court."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court blocks Texas abortion restrictions."

Chuck Lindell of The Austin American-Statesman has a news update headlined "Supreme Court bars state from enforcing Texas abortion law."

Brian M. Rosenthal of The Houston Chronicle has a news update headlined "U.S. Supreme Court blocks parts of Texas abortion law."

The Texas Tribune reports that "U.S. Supreme Court Puts Abortion Provision on Hold."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court blocks abortion limits in Texas."

You can access today's order of the U.S. Supreme Court at this link.
Posted at 08:02 PM by Howard Bashman



"Judged accordingly": Today's edition of The Philadelphia Inquirer contains an editorial that begins, "One certain consequence of rendering judgment, as the apostles noted, is being judged. State Supreme Court Justice Seamus McCaffery, being linked to a body of rather extracanonical correspondence, should be no exception."
Posted at 01:25 PM by Howard Bashman


Ninth Circuit rejects constitutional challenges to California law requiring adjudicated sexually violent predators to appear before local law enforcement every 90 days for the rest of their lives to verify certain identifying information: Chief Judge Alex Kozinski wrote today's ruling of the U.S. Court of Appeals for the Ninth Circuit on behalf of a unanimous three-judge panel.
Posted at 01:15 PM by Howard Bashman


"The jury acquits, the judge still sentences. Can that be?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 12:48 PM by Howard Bashman


"Obama waiting for midterm to name attorney general": The Associated Press has this report.
Posted at 12:36 PM by Howard Bashman


"Court hears water dispute between Kansas, Nebraska": Sam Hananel of The Associated Press has this report.
Posted at 12:33 PM by Howard Bashman


"Federal judge reports on progress in his court ordered counseling": Steve Visser of The Atlanta Journal-Constitution has a news update that begins, "A federal judge arrested on charges of an Atlanta hotel assault on is his wife reported to a Fulton County judge today on his counseling."
Posted at 12:28 PM by Howard Bashman


"How To Fix The Supreme Court: Lessons From A Disenchanted Legal Scholar." Sahil Kapur of TPM DC has this report.
Posted at 10:52 AM by Howard Bashman


"Public needs to know what's in Judge Mark Fuller's sealed divorce file": AL.com has this editorial.
Posted at 10:50 AM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases today, but the Court called for the views of the Solicitor General in one case.

Justice Antonin Scalia issued a dissent, in which Justices Clarence Thomas and Ruth Bader Ginsburg joined, from the denial of certiorari in Jones v. United States, No., 13-10026.

Update: In early news coverage, The Associated Press reports that "Justices won't review judge's add-on to sentences"; "Supreme Court rejects appeal over Justice memo"; "Supreme Court won't touch foie gras ban": and "High court rejects Iowa senator's defamation case."

Lawrence Hurley of Reuters reports that "Supreme Court leaves California foie gras ban intact."

And Greg Stohr of Bloomberg News reports that "California's Foie Gras Ban Left Intact by U.S. High Court."
Posted at 09:33 AM by Howard Bashman



Monday, October 13, 2014

"Argument preview: Trimming a specialized court's power?" Lyle Denniston has this post today at "SCOTUSblog."
Posted at 11:32 PM by Howard Bashman


"Kansas' accusation that Nebraska violated Republican River pact lands at U.S. Supreme Court": The Omaha World-Herald has this report.
Posted at 11:28 PM by Howard Bashman


"Supreme Court of Canada to rule on right to physician-assisted death": Sean Fine will have this article in Tuesday's edition of The Toronto Globe and Mail.
Posted at 11:26 PM by Howard Bashman


"Does the Supreme Court Want Whiter Teeth?" Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:25 PM by Howard Bashman


"Could firing squad make a comeback in Utah, elsewhere?" Emiley Morgan of The Deseret News has this report.
Posted at 11:22 PM by Howard Bashman


"Conservatives quiet on court's gay-marriage inaction": Richard Wolf of USA Today has this report.
Posted at 11:20 PM by Howard Bashman


"9th Circuit lifts stay on gay marriage in Idaho": The Spokesman-Review of Spokane, Washington has this news update.

You can view today's order of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 04:42 PM by Howard Bashman



"Shumlin taps veteran Vermont judge Harold Eaton to serve on Vermont Supreme Court": The Associated Press has this report.
Posted at 04:37 PM by Howard Bashman


"Roberts Considered Representing Clinton in Jones Supreme Court Case": 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.
Posted at 04:32 PM by Howard Bashman



"Amicus: Slate's New Supreme Court Podcast; Dahlia Lithwick welcomes the 2014-15 term with a brand-new program for court watchers and news lovers." Slate has today posted online this podcast featuring Dahlia Lithwick with guests Tom Goldstein and Douglas Laycock.
Posted at 03:54 PM by Howard Bashman


"Justices to wade into decades-old water use dispute": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:50 PM by Howard Bashman


"US high court: Who best judges fair competition?" The Associated Press has a report that begins, "The U.S. Supreme Court is set to hear a North Carolina case over whether U.S. states can delegate the regulation of professions such as dentistry, plumbing, cosmetology and more to boards of practitioners drawn from those occupations."
Posted at 02:42 PM by Howard Bashman


"First Amendment's Limit: The Supreme Court's Plaza." Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:30 PM by Howard Bashman


"Judges Step Up Electioneering as Outside Money Pours Into Races; Trend Fueled by Citizens United Is Eroding Traditions Under Which Judges Could Avoid Ethically Tricky Process of Stumping for Votes": Joe Palazzolo 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 12:14 PM by Howard Bashman



Sunday, October 12, 2014

"Federal judge strikes down Alaska's marriage ban; state will appeal": The Fairbanks Daily News-Miner has this update.

The Associated Press has a report headlined "Focus on 5th Circuit in gay marriage case."

And CBC News reports that "Same-sex marriage opponents in U.S. 'aren't waving a white flag'; A majority of states could soon allow same-sex marriages, but opponents aren't giving up."
Posted at 11:36 PM by Howard Bashman



"Judge Richard A. Posner's riposte skewers state's flawed voter ID law": This editorial will appear in Monday's edition of The Milwaukee Journal Sentinel.
Posted at 11:26 PM by Howard Bashman


"The selective reading of the Supreme Court's decision in 'Citizens United'": Monday's edition of The Washington Post will contain this editorial.
Posted at 11:05 PM by Howard Bashman


"The Big Lie Behind Voter ID Laws": This editorial will appear in Monday's edition of The New York Times.
Posted at 09:54 PM by Howard Bashman


"Supreme Court's actions are monumental, but the why of its reasoning often missing": Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 08:36 PM by Howard Bashman


"Federal judge rules Alaska's same-sex marriage ban unconstitutional": Alaska Dispatch News has this update.

And The Associated Press reports that "Federal judge strikes down Alaska's marriage ban."

You can access today's ruling of the U.S. District Court for the District of Alaska at this link.
Posted at 08:24 PM by Howard Bashman



"A newly-released Clinton memo reveals how presidential appointments really work": Online at Vox, Andrew Prokop has an article that begins, "On Friday, Bill Clinton's presidential library released a new set of previously-restricted internal documents from his administration. One of those memos, from March of 1993, gives a fascinating glimpse into how Ruth Bader Ginsburg almost wasn't nominated for the Supreme Court."
Posted at 05:16 PM by Howard Bashman


"President Clinton nominates Judge Richard Arnold to serve as Associate Justice of the Supreme Court": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 01:44 PM by Howard Bashman


"Supreme Court's gay marriage decision surprised experts": Markus Schmidt and Karin Kapsidelis have this article in today's edition of The Richmond Times-Dispatch.
Posted at 01:35 PM by Howard Bashman


"California Supreme Court and state appeals court justices face easy election road": Howard Mintz of The San Jose Mercury News has an article that begins, "For the two California Supreme Court justices and dozens of state appeals court justices on November's ballot, it most definitely is not 1986."
Posted at 01:20 PM by Howard Bashman


Saturday, October 11, 2014

"Texas voter ID dispute heats up": Lyle Denniston has this post at "SCOTUSblog."
Posted at 09:48 PM by Howard Bashman


"Edward Snowden: Supreme Court Will Strike Down NSA Spying Programs." National Journal has this report.
Posted at 09:46 PM by Howard Bashman


"Greg Abbott: Texas gay marriage ban reduces out-of-wedlock births." Lauren McGaughy of The Houston Chronicle has this report.

You can view at this link the reply brief for appellant -- printed in Matthew Butterick's equity font -- that the State of Texas filed yesterday in the U.S. Court of Appeals for the Fifth Circuit.
Posted at 09:42 PM by Howard Bashman



"Pa. chief justice urges action against McCaffery": In today's edition of The Philadelphia Inquirer, Jeremy Roebuck and Angela Couloumbis have a front page article that begins, "Pennsylvania Chief Justice Ronald D. Castille urged his colleagues Friday to take action against Justice Seamus P. McCaffery, reacting to newly disclosed sexually explicit e-mails McCaffery sent this year to the government account of his brother, a Philadelphia Common Pleas Court judge."
Posted at 09:25 PM by Howard Bashman


"Lord Neuberger on the Supreme Court: Five key cases from its first five years." The Independent (UK) has this report.
Posted at 09:14 PM by Howard Bashman


"In Her Judgment: 'The Rise of Sonia Sotomayor,' by Joan Biskupic." Law professor Kimberle Crenshaw will have this review the Sunday Book Review section of tomorrow's edition of The New York Times.
Posted at 08:47 PM by Howard Bashman


"GOP Criticizes White House Efforts to Close Guantanamo Bay; Obama Considers Unilateral Action to Close Detention Facility Despite Congressional Restrictions": Jess Bravin and Carol E. Lee of The Wall Street Journal has this report.
Posted at 07:56 PM by Howard Bashman


Access online the audio of this past week's U.S. Supreme Court oral arguments: Via this link.
Posted at 07:45 PM by Howard Bashman


"Constitutional challenge brought against Kansas gay marriage ban": Brad Cooper has this front page article in today's edition of The Kansas City Star.
Posted at 03:10 PM by Howard Bashman


"'Breaking In,' by Joan Biskupic": Ninth Circuit Judge Marsha S. Berzon has this book review online at The Washington Post.
Posted at 03:07 PM by Howard Bashman


"Clinton Library Papers Show Kagan Dropping an F-Bomb": Roll Call has this report.
Posted at 03:04 PM by Howard Bashman


"Beyond marriage, other gay-rights challenges loom": The Associated Press has this report.
Posted at 03:00 PM by Howard Bashman


"The Next Assault on Civil Rights: The Roberts court has been hostile toward voting rights and affirmative action; Its next target is the Fair Housing Act." Jamelle Bouie has this essay online at Slate.
Posted at 02:56 PM by Howard Bashman


"Former Supreme Court justice makes case for humanities in speech at CMU": Today's edition of The Pittsburgh Tribune-Review contains an article that begins, "Studying the humanities is vital not only to scholars but to the prosperity of the nation, former U.S. Supreme Court Justice David Souter said Friday during a visit to Carnegie Mellon University in Oakland."
Posted at 02:53 PM by Howard Bashman


"Courts Grapple With GOP-Backed Voting Limits; Lawsuits Challenging Restrictions Could Affect Voter Turnout": Brent Kendall has this article in today's edition of The Wall Street Journal.
Posted at 02:48 PM by Howard Bashman


"Secret Money Fueling a Flood of Political Ads": Nicholas Confessore has this front page article in today's edition of The New York Times.

According to the article, "The dominance of secretly funded advertising defies one of the underlying assumptions of the Supreme Court's Citizens United decision, which allowed outside groups to raise and spend more money, so long as they did not coordinate with candidates and parties."
Posted at 10:00 AM by Howard Bashman



"Court orders on voting rights mostly about timing": Mark Sherman of The Associated Press has this report.

And in today's edition of The New York Times, Erik Eckholm has an article headlined "Maneuvering Persists After Courts Block New Voter Conditions."
Posted at 09:56 AM by Howard Bashman



"Kathleen Kane delivers sexually explicit emails to Ron Castille": Steve Esack has this article in today's edition of The Morning Call of Allentown, Pennsylvania.

Today's edition of The Patriot-News of Harrisburg, Pennsylvania reports that "Pa. Supreme Court chief justice gets files on 'hundreds' of dirty state emails."

And The Associated Press reports that "Porn-related emails turned over to top Pa. judge."
Posted at 09:48 AM by Howard Bashman



Friday, October 10, 2014

"How to Predict a Voting Rights Decision: The Supreme Court just made it harder to vote in some states and easier in others." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this jurisprudence essay online at Slate.
Posted at 10:25 PM by Howard Bashman


"Pa. Chief Justice Castille given emails, images in porn inquiry": Karen Langley of The Pittsburgh Post-Gazette has a news update that begins, "A spokesman for the Pennsylvania courts said Friday that the attorney general's office turned over hundreds of emails, approximately 1,500 images and 65 video clips to Chief Justice Ronald Castille."
Posted at 10:21 PM by Howard Bashman


"Supreme Court has a chance to bring liberty to teeth whitening": Columnist George F. Will has this essay online at The Washington Post.
Posted at 10:09 PM by Howard Bashman


"Appeals court dissenters blister state's voter I.D. law": Patrick Marley of The Milwaukee Journal Sentinel has this news update.

And The Wisconsin State Journal has a news update headlined "J.B. Van Hollen won't clarify statement on voter ID; appeals court judges thrash law."

You can access today's order of the U.S. Court of Appeals for the Seventh Circuit denying by an equally divided court a judge-initiated call for rehearing en banc, and Judge Richard A. Posner's dissent therefrom, at this link.
Posted at 10:06 PM by Howard Bashman



"Supreme Court withdraws gay-marriage stay; Here's why Idaho marriages can't begin yet": The Idaho Statesman has this news update.

In Saturday's edition of The New York Times, Adam Liptak will have an article headlined "Gay Marriages Allowed to Proceed in Idaho."

Robert Barnes of The Washington Post reports that "Supreme Court gives go-ahead to same-sex marriages in Idaho."

David G. Savage of The Los Angeles Times reports that "Same-sex marriage clears court hurdles in Idaho, North Carolina."

Richard Wolf of USA Today reports that "Supreme Court gives green light to Idaho gay marriages."

At WSJ.com's "Law Blog," Jess Bravin has a post titled "High Court Clears Way for Same-Sex Marriage In Idaho."

And at "SCOTUSblog," Lyle Denniston has a post titled "No delay on Idaho same-sex marriages."

You can access this evening's order of the U.S. Supreme Court at this link.
Posted at 09:40 PM by Howard Bashman



"High court lifts hold on gay marriage in Idaho": The Associated Press has this report.
Posted at 05:32 PM by Howard Bashman


Programming note: Because I have a meeting this afternoon with trial counsel to prepare for an upcoming oral argument, additional posts will next appear here tonight. As always, appellate-related retweets may appear at this blog's Twitter feed anytime.
Posted at 10:40 AM by Howard Bashman


"Voters should retain three Calif. Supreme Court justices": This editorial appears in The Fresno Bee.
Posted at 10:14 AM by Howard Bashman


"This Alabama Judge Has Figured Out How to Dismantle Roe v. Wade; His writings fuel the biggest threat to abortion rights in a generation": Nina Martin has this article online at ProPublica.
Posted at 10:12 AM by Howard Bashman


"Alaskan gay marriage ban to be debated in federal court": Reuters has this report.
Posted at 10:09 AM by Howard Bashman


"Iran can't be sued over journalist's torture, Canada's top court says": Sean Fine of The Toronto Globe and Mail has this news update.

You can access today's ruling of the Supreme Court of Canada at this link.
Posted at 10:06 AM by Howard Bashman



"Google, Oracle Java API copyright battle lands at Supreme Court; Dispute covers 'the basic building blocks of computer design and programming'": David Kravets of Ars Technica has this report.

And Jeff John Roberts of Gigaom reports that "Google urges Supreme Court to act on Oracle ruling, shut down copyright claims on APIs."
Posted at 10:02 AM by Howard Bashman



"Norton Simon may seek U.S. Supreme Court ruling in looted art case": The Los Angeles Times has an article that begins, "The U.S. Supreme Court may be the next stop in a long and winding lawsuit over whether the Norton Simon Museum is obligated to give up a pair of Renaissance paintings that have been among its most prized holdings since the 1970s."
Posted at 09:57 AM by Howard Bashman


"Attention turns to U.S. Supreme Court in Texas abortion case": Brian M. Rosenthal of The Houston Chronicle has this blog post.
Posted at 09:56 AM by Howard Bashman


"New N.J. Supreme Court Justice Lee Solomon praised for experience at swearing-in": NJ.com has this report.

And The Bergen County Record reports that "N.J. Supreme Court Associate Justice Solomon sworn in by state's chief justice."
Posted at 09:54 AM by Howard Bashman



"Constitution Check: Is the Supreme Court changing its mind on same-sex marriage?" Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:52 AM by Howard Bashman


"Courts Strike Down Voter ID Laws in Wisconsin and Texas": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court blocks Wisconsin voter ID law."

David G. Savage of The Los Angeles Times reports that "Wisconsin and Texas voter ID laws blocked by courts."

And Brent Kendall of The Wall Street Journal reports that "Voter Identification Laws Hit Roadblocks in Wisconsin and Texas; Challengers Said Laws Would Burden Voters."
Posted at 07:50 AM by Howard Bashman



"Judicial Conduct Board looks into sexually explicit emails allegedly sent by Pa. Supreme Court justice": This article appears in today's edition of The Patriot-News of Harrisburg, Pennsylvania.

And today's edition of The Philadelphia Inquirer contains an article headlined "Judicial board to review McCaffery e-mails complaint."
Posted at 07:44 AM by Howard Bashman



Thursday, October 9, 2014

"Former Rep. Rick Renzi's conviction and sentence upheld": The Arizona Republic has this report.

Howard Fischer of The Arizona Daily Star reports that "Conviction of ex-Arizona congressman upheld."

Cronkite News reports that "Appeals court upholds convictions of former Arizona Rep. Rick Renzi."

And The Associated Press reports that "Court upholds ex-Arizona congressman's convictions on corruption, money-laundering charges."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:52 PM by Howard Bashman



"Court rules in favor of tribes seeking night deer hunting": Paul A. Smith of The Milwaukee Journal Sentinel has this news update reporting on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.

Circuit Judge Richard A. Posner wrote the opinion on behalf of a unanimous three-judge panel.
Posted at 10:36 PM by Howard Bashman



"Obama Weighs Options to Close Guantanamo; Any Move to Override Congressional Ban on Bringing Detainees to U.S. Would Spark Fight": Carol E. Lee and Jess Bravin will have this article in Friday'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



"Marriage Ruling Echoes as West Virginia Concedes and South Carolina Persists": Erik Eckholm will have this article in Friday's edition of The New York Times.
Posted at 10:06 PM by Howard Bashman


"Sotomayor Brings Salsa, Trouble to the Supreme Court; America may have its first celebrity Supreme Court justice, author Joan Biskupic says": Nikki Schwab has this post yesterday at the "Washington Whispers" blog of U.S. News & World Report.
Posted at 10:04 PM by Howard Bashman


"US Supreme Court blocks Wisconsin voter ID law": The Associated Press has this report.

Patrick Marley of The Milwaukee Journal Sentinel has a news update headlined "U.S. Supreme Court blocks Wisconsin voter ID law."

Richard Wolf of USA Today reports that "Supreme Court blocks Wisconsin's voter ID law."

Josh Gerstein of Politico.com has a blog post titled "Supreme Court blocks Wisconsin voter ID law."

Greg Stohr of Bloomberg News reports that "Wisconsin Voter ID Law Blocked as High Court Intervenes."

Lyle Denniston of "SCOTUSblog" has a post titled "Wisconsin voter ID law blocked."

At his "Election Law" blog, Rick Hasen has a post titled "Supreme Court Stops Immediate Implementation of WI Voter ID Law; and a Thought on Texas."

And Chris Geidner of BuzzFeed reports that "Supreme Court Blocks Wisconsin Voter ID Law From Going Into Effect; Justices Samuel Alito, Antonin Scalia, and Clarence Thomas would have kept the law in effect."

You can view this evening's U.S. Supreme Court order at this link.
Posted at 09:22 PM by Howard Bashman



"Third Circuit Sends GSK Paxil Cases Back to Pa. Court": Saranac Hale Spencer will have this article, in which I am quoted, in Friday's edition of The Legal Intelligencer. You can freely access the full text of the article via Google.

Kelly Knaub of Law360.com reports that "3rd Circ. Sends Paxil Birth Defect Suit Back To Pa." (subscription required for full access).

And at the "Civil Procedure & Federal Courts Blog," Patricia W. Moore has a post titled "GSK Loses Its Bid to Re-Remove."

My earlier coverage of today's Third Circuit ruling, in a case in which I served as appellate counsel for plaintiffs-appellants in requesting a remand to state court, can be accessed here.
Posted at 08:34 PM by Howard Bashman



"Utah takes next step in appeal of 'Sister Wives' ruling": Dennis Romboy of The Deseret News has this update.

And The Associated Press reports that "Utah appeals ruling in 'Sister Wives' case."
Posted at 08:22 PM by Howard Bashman



"Stop Draggin' My Heart Around: The Supreme Court is harming people with its inscrutable gay marriage actions." Dahlia Lithwick and law professor Sonja West have this jurisprudence essay online at Slate.
Posted at 08:16 PM by Howard Bashman


"Anonymity of NOLA.com commenters subject of federal appeals court hearing": Andy Grimm of The Times-Picayune of New Orleans has this news update.

You can access the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit via this link (31.4 MB mp3 audio file).
Posted at 08:10 PM by Howard Bashman



"US Supreme court makes deep imprint this week, despite no judgments": Lawrence Hurley of Reuters has this report.
Posted at 04:50 PM by Howard Bashman


"Supreme Court whistleblower case has broad reach": Joe Davidson has this entry today at the "Federal Eye" blog of The Washington Post.
Posted at 04:17 PM by Howard Bashman


"Even Supreme Court justices can goof": Mark Sherman of The Associated Press has a report that begins, "The Supreme Court's mishandling of big news this week about same-sex marriage was a reminder: Even the justices put their robes on one arm at a time."
Posted at 03:34 PM by Howard Bashman


"S.C. Supreme Court puts gay marriage licenses on hold": The Post and Courier of Charleston, South Carolina has this news update.

And Reuters reports that "South Carolina court bars judges from issuing gay marriage licenses."

You can access today's order of the Supreme Court of South Carolina at this link.
Posted at 03:32 PM by Howard Bashman



"New Orleans public paid $75,000 for judges' trips to beach resorts, mountain lodges, more": This article appears today in today's edition of The Times-Picayune, as part of a series of articles on judicial junkets.

Related articles in the series, also appearing in today's newspaper, are headlined "Louisiana judges don't have to show receipts for $118 per-diem" and "Some New Orleans judges billed public for multi-room condos at Florida resort's event."

Online, the articles are accompanied by an interactive map headlined "New Orleans judges' trips: See where they traveled on your dime" and a series of related photos.

The Judicial Administrator of the New Orleans Criminal District Court issued this letter, which the newspaper has also posted online, in response to the series.
Posted at 03:24 PM by Howard Bashman



"Mass. Strip Club Dances Around Town Zoning Restrictions": Joe Palazzolo has this post today at WSJ.com's "Law Blog" reporting on a ruling that the U.S. Court of Appeals for the First Circuit issued yesterday.

Yesterday was something of an adult entertainment-related day for the First Circuit, as that court also issued a separate decision in a case in which the plaintiff, an exotic dancer, alleged that "a fellow dancer assaulted her and inflicted severe injuries." Senior Circuit Judge Bruce M. Selya wrote this decision, making it the rare judicial opinion in which you can read about a fight between exotic dancers and simultaneously improve your vocabulary.
Posted at 02:54 PM by Howard Bashman



"Google wins bid on which court to fight Rockstar over patents": Reuters has this report on a non-precedential decision that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 02:48 PM by Howard Bashman


"2014 Lovejoy Address by James Risen": Colby College has posted online both the transcript and audio of the remarks that reporter James Risen recently delivered on receiving the Elijah Parish Lovejoy Journalism Award.
Posted at 02:37 PM by Howard Bashman


"Court hands Texas abortion providers another setback": Chuck Lindell of The Austin American-Statesman has this news update.

And Brian M. Rosenthal of The Houston Chronicle reports that "Appeals court declines to reconsider first Texas abortion case."

You can access today's order of the U.S. Court of Appeals for the Fifth Circuit denying rehearing en banc, and the 62-page dissent therefrom, at this link.
Posted at 01:57 PM by Howard Bashman



"Why did Supreme Court punt on same-sex cases? Justices don't have to say why, and they like it that way; So we can only speculate." Tony Mauro has this essay online at USA Today.
Posted at 01:28 PM by Howard Bashman


"Kane, Castille reach deal over porn e-mails": Today's edition of The Philadelphia Inquirer contains an article that begins, "Attorney General Kathleen G. Kane has agreed to give Pennsylvania's Supreme Court chief justice the names of any judges or judicial employees who may have exchanged sexually explicit e-mails, her office said Wednesday." The newspaper also contains an editorial titled "Messages in a bottle."

The Patriot-News of Harrisburg, Pennsylvania reports that "Pennsylvania Chief Justice Ronald Castille will get briefing on Attorney General's porn emails Friday."

And today's edition of The Philadelphia Daily News contains a cover story headlined "Do as I say, not as I . . . porn?"
Posted at 01:25 PM by Howard Bashman



"Sonia Sotomayor And The Supreme Court's New Term; Joan Biskupic on the Supreme Court's first Latina justice, Sonia Sotomayor, and the high court's agenda now": This audio segment featuring Joan Biskupic appeared on today's broadcast of WBUR Boston's "On Point with Tom Ashbrook."
Posted at 01:12 PM by Howard Bashman


"U.S. appeals court ruling revives whistleblower suit against JPMorgan": Reuters has this report on a summary order that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:08 PM by Howard Bashman


"State's gay marriage ban's days appear numbered": This front page article appears in today's edition of The Clarion-Ledger of Jackson, Mississippi.
Posted at 12:05 PM by Howard Bashman


"How a Bush-Appointed, Scalia-Admiring Federal Judge Could Become a Gay-Marriage Hero": Steve Friess has this post online at New York magazine.
Posted at 12:02 PM by Howard Bashman


"Religious liberty: Beards behind bars." Steven Mazie had this post yesterday at the "Democracy in America" blog of The Economist.
Posted at 11:34 AM by Howard Bashman


"State wins appeal in Occupy Nashville lawsuit": The Tennessean has this report.

My earlier coverage of yesterday's Sixth Circuit ruling appears here and here.
Posted at 10:48 AM by Howard Bashman



"Why Is Anthony Kennedy Pausing Gay Weddings Now? The justice is known as a friend of LGBT rights, but he issued an emergency stay of same-sex marriages in Idaho." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 10:42 AM by Howard Bashman


"Verbal gymnastics in chimp's legal case": Robert Gavin has this article in today's edition of The Times Union of Albany, New York. Earlier, Gavin previewed yesterday's appellate oral argument in an article headlined "Appeals panel to weigh personhood for chimpanzee; Florida lawyer seeks upgraded status for Gloversville primate."

And The Associated press reports that "NY court hears arguments that chimps have rights."
Posted at 09:15 AM by Howard Bashman



"U.S. Supreme Court Considers Pay for Amazon Workers' Security Checks; Warehouse Employees Say It Takes 20 Minutes to Leave at End of Work Shifts": Brent Kendall has this article in today's edition of The Wall Street Journal.

In today's edition of The Washington Post, Robert Barnes has an article headlined "When do work shifts actually end? Supreme Court hears Amazon warehouse case."

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Takes Up Case On Overtime For Standing In Line."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: What is work, anyway?"
Posted at 09:08 AM by Howard Bashman



"Federal appeals court: Alabama community college whistleblower can continue legal fight to get old job back." Kent Faulk of The Birmingham News has this report on a per curiam opinion that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday on remand from the U.S. Supreme Court.
Posted at 09:02 AM by Howard Bashman


Third Circuit rejects GSK's re-removal efforts: The U.S. Court of Appeals for the Third Circuit today issued its ruling in the appeal that I argued on behalf of the plaintiffs on September 10, 2014.

Today's unanimous decision, written by Circuit Judge Patty Shwartz, agrees with plaintiffs' argument that the case was not properly re-removed to federal court and orders the case remanded to state court.

Via earlier posts, you can access the parties' appellate briefs and the oral argument audio.
Posted at 08:26 AM by Howard Bashman



Wednesday, October 8, 2014

"Is John Roberts a Gay Marriage Swing Vote?" Mark Joseph Stern has this essay online today at Slate.
Posted at 11:14 PM by Howard Bashman


"Video: Intelligence Squared U.S. debates the Fourth Amendment." This post appears today at the "Constitution Daily" blog of the National Constitution Center.

More details on the debate can be accessed here. You can view the video of the debate via YouTube at this link.
Posted at 10:24 PM by Howard Bashman



"What Constitutes an Emergency? The Supreme Court will stay a lower court's ruling only for the benefit of politics, not people." Law professor David S. Cohen has this jurisprudence essay online at Slate.
Posted at 09:35 PM by Howard Bashman


"Study: Voter ID laws cut turnout by blacks, young." The Associated Press has this report.
Posted at 09:28 PM by Howard Bashman


"The Times-Picayune to argue at appeals court for commenter anonymity": The Times-Picayune of New Orleans has this report on an appeal scheduled for oral argument tomorrow at the U.S. Court of Appeals for the Fifth Circuit.
Posted at 09:04 PM by Howard Bashman


"Clinton Library details upcoming release": Josh Gerstein of Politico.com has this blog post today. According to Gerstein's post, among the topics included in the files scheduled for release this Friday afternoon are "Elena Kagan" and "Judge Richard Arnold."
Posted at 09:02 PM by Howard Bashman


"Gay Marriage Opponents Set to Continue Court Battle": Erik Eckholm will have this article in Thursday's edition of The New York Times.
Posted at 08:46 PM by Howard Bashman


"Google Finds Judicial Support in Spy Disclosure Appeal": Karen Gullo of Bloomberg News has this report.

And Dan Levine of Reuters reports that "Appeals court wrestles with secret U.S. demands for telecom records."

You can access the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit via this link.
Posted at 08:44 PM by Howard Bashman



"Google asks Supreme Court to decide Oracle copyright fight": Dan Levine of Reuters has this report.
Posted at 08:37 PM by Howard Bashman


"Justices Hear Case on Allowing Testimony by Jurors": Adam Liptak will have this article in Thursday's edition of The New York Times.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Warger v. Shauers, No. 13-517.
Posted at 08:27 PM by Howard Bashman



"US Supreme Court ruling means no same-day registration or out-of-precinct voting in NC": The News & Observer of Raleigh, North Carolina has this update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court allows North Carolina to implement voting law for midterm elections."

Brent Kendall and Jess Bravin of The Wall Street Journal report that "Supreme Court Allows North Carolina's Tighter Voting Rules; Ruling Seen as a Blow to Justice Department, Civil-Rights Advocates."

Richard Wolf of USA Today reports that "Justices uphold North Carolina's voting restrictions."

Lawrence Hurley of Reuters reports that "U.S. top court allows North Carolina voting law to take effect."

Greg Stohr of Bloomberg News reports that "North Carolina's Same-Day Voter Registration Is Blocked."

The Associated Press has a report headlined "Ruling: No same-day registration in NC election."

Josh Gerstein of Politico.com has a blog post titled "Supreme Court OKs North Carolina voting changes."

And Lyle Denniston of "SCOTUSblog" has a post titled "Court allows North Carolina voting limits."

You can access this evening's order of the U.S. Supreme Court, and the dissent therefrom, at this link.
Posted at 08:24 PM by Howard Bashman



"FBI spy tool up in the air in federal appeals court": Howard Mintz of The San Jose Mercury News has an update that begins, "A federal appeals court on Wednesday struggled with the legality of the secrecy cloak the FBI has thrown over its use of national security letters to gather information from Internet providers and telecommunications companies."

And The Associated Press reports that "Court mulls secrecy of national security letters."
Posted at 04:35 PM by Howard Bashman



"And if the evidence cited there doesn't convince you, then you may be a mumpsimus." So writes Bryan A. Garner in LawProse Lesson #100, titled "Is the correct past tense pleaded or pled -- or perhaps plead?"
Posted at 04:25 PM by Howard Bashman


"Supreme Court Weighs Employee Pay for Amazon's After-Work Security Screening": Adam Liptak of The New York Times has this news update.

Bill Theobald of Gannett Washington Bureau reports that "High court weighs pay for Amazon workers' theft screening."

The Hill reports that "Conservative justices skeptical of worker claims in Amazon case."

Frances Burns of UPI reports that "Justices suggest security check not essential part of work day."

At Forbes.com, Daniel Fisher has a post titled "Arguments Go Poorly For Amazon Workers Seeking Pay For Search Time."

At Bloomberg View, law professor Noah Feldman has an essay titled "Amazon Workers Are Today's Coal Miners."

And online at The New Republic, Danny Vinik has an essay titled "Obama Is Siding Against Workers at the Supreme Court; And the reason may have nothing to do with the law."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Integrity Staffing Solutions, Inc. v. Busk, No. 13-433.
Posted at 04:20 PM by Howard Bashman



"Justice Kennedy allows gay marriage in Nevada": Mark Sherman of The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Same-sex marriage OK in Nevada."

The order that Justice Anthony M. Kennedy of the U.S. Supreme Court issued this afternoon can be accessed here.
Posted at 04:07 PM by Howard Bashman



Why Occupy Nashville appeal didn't occupy the attention of any Sixth Circuit judges: In response to this post from earlier today, a reader emails:
Your readers may be interested to know that the reason all of the CA6 judges recused was that one of the defendants was Bill Gibbons, the husband of Judge Julia Gibbons and Tennessee's Commissioner of Public Safety. The plaintiffs were seeking damages against the Commissioner in his personal capacity. Presumably, all of the CA6 judges decided that they should not sit on a case in which their colleague had a personal financial stake through her husband.
You can access today's Sixth Circuit ruling, decided by three judges from other federal appellate courts, at this link.
Posted at 04:00 PM by Howard Bashman


"Enviros seek rehearing in acid rain case, claim EPA misled judges": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:56 PM by Howard Bashman


"Is The Bluebook About To Be Killed Off?" Joe Patrice has this post at "Above the Law" (via Christine Hurt's post at "The Conglomerate" titled "The Death of the Bluebook Monopoly?").
Posted at 01:35 PM by Howard Bashman


Sixth Circuit rejects Ohio judicial candidate's request for preliminary injunction against prohibitions on endorsing other candidates, personally and directly soliciting campaign funds, and receiving campaign contributions without time limitation: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 01:23 PM by Howard Bashman


"Google, Technology Firms Say Ungag Us on U.S. Spy Orders": Karen Gullo of Bloomberg News has this report.
Posted at 01:00 PM by Howard Bashman


"U.S. top court weighs worker pay for security checks": Lawrence Hurley of Reuters has this report.

Greg Stohr of Bloomberg News reports that "Amazon's Security Lines for Workers Divide Top U.S. Court."

And Sam Hananel of The Associated Press reports that "Court hears dispute over pay for security checks."
Posted at 12:55 PM by Howard Bashman



"Appeals court rules against Occupy Nashville": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.

The three-judge panel that heard and decided the appeal consisted of a D.C. Circuit judge, a Third Circuit judge, and an Eighth Circuit judge. A footnote to the decision explains that the panel was "designated by the Committee on Intercircuit Assignments of the Judicial Conference of the United States to comprise the panel for this appeal."
Posted at 12:45 PM by Howard Bashman



"Gay marriages off in Vegas after high court order": The Associated Press has this report.
Posted at 12:10 PM by Howard Bashman


"Constitutional Outliers": Law professor Justin Driver has this article in the latest issue of The University of Chicago Law Review.

Also in the issue, law professor Aaron-Andrew P. Bruhl has an article titled "Following Lower-Court Precedent."
Posted at 12:08 PM by Howard Bashman



"Should seats on the Supreme Court be left to the president's party alone?" Richard Arenberg has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 12:03 PM by Howard Bashman


"NY court to hear arguments that chimps have rights": The Associated Press has this report.
Posted at 11:03 AM by Howard Bashman


"Justice Kennedy blocks gay marriage ruling": The Associated Press has this report on an order the Justice Anthony M. Kennedy of the U.S. Supreme Court issued this morning.

And Lawrence Hurley of Reuters reports that "U.S. justice temporarily blocks Idaho gay marriage ruling."
Posted at 10:55 AM by Howard Bashman



"Idaho asks same-sex marriage delay": Lyle Denniston has this post at "SCOTUSblog."
Posted at 09:38 AM by Howard Bashman


"Court rulings could open doors to same-sex marriage in Alaska": The Fairbanks Daily News-Miner has this report.

Howard Fischer of The Arizona Daily Sun reports that "Court paves way for Ariz gay marriage."

The Arizona Republic reports that "New ruling opens door for gay marriage in Arizona."

The Tennessean reports that "Future uncertain for Tennessee's same-sex marriage ban."

The Associated Press has reports headlined "Florida will keep fighting for gay marriage ban" and "Conservative states balk at gay marriage action."

And The Houston Chronicle reports that "Federal court agrees to fast-track Texas gay marriage case."
Posted at 09:34 AM by Howard Bashman



"In Net Neutrality Discussion, Lawsuits Loom Large": Edward Wyatt has this post at the "Bits" blog of The New York Times.
Posted at 09:23 AM by Howard Bashman


"Court mulls secrecy of national security letters": The Associated Press has this report on a case scheduled for oral argument today at the U.S. Court of Appeals for the Ninth Circuit.

And in other coverage, Dan Levine of Reuters reports that "U.S. court to hear appeal over keeping U.S. demands for telecom records secret."
Posted at 09:10 AM by Howard Bashman



"Supreme Court won't hear Superman heirs' copyright case; The most famous comic character was sold for $130 -- but that's not the whole story": Joe Mullin of Ars Technica has this report.
Posted at 08:57 AM by Howard Bashman


"Abortion in Waco no longer an option": The Baylor Lariat has this report.
Posted at 08:55 AM by Howard Bashman


"Ninth Circuit Taking Initiative Proponent Disclosure Case En Banc": Rick Hasen has this post at his "Election Law Blog" about an order granting rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.

In June, I had this post noting the original three-judge panel's ruling.
Posted at 08:44 AM by Howard Bashman



"Tiny Little Pistols: The justices wonder what dangers lurk in a half-inch beard." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 08:40 AM by Howard Bashman


"Court to hear dispute over pay for security checks": Sam Hananel of The Associated Press has this report

And at the "Wonkblog" of The Washington Post, Drew Harwell has an entry titled "The billion-dollar battle heading to the Supreme Court: When does a day's work end?"
Posted at 08:37 AM by Howard Bashman



Tuesday, October 7, 2014

"Lawyers, Judges Modify the View That Adverbs Are Mostly Bad; The Maligned Part of Speech Has Friends In High Court; Don't Tell Stephen King": Jacob Gershman will have this article in Wednesday's edition of The Wall Street Journal.
Posted at 11:52 PM by Howard Bashman


"Utah abandons fight to bar same-sex couples from spousal benefits; State A.G.'s office asks federal courts to drop challenges to benefits for gay couples and pending adoptions": Marissa Lang of The Salt Lake Tribune has this news update.
Posted at 11:48 PM by Howard Bashman


"State Supreme Court puts Orie Melvin sentence on hold": Paula Reed Ward of The Pittsburgh Post-Gazette has this news update.

And Adam Brandolph of The Pittsburgh Tribune-Review has a news update headlined "Joan Orie Melvin won't serve sentence while appealing conviction."
Posted at 11:42 PM by Howard Bashman



"Gay marriage and the Supreme Court: Why did they take a pass?" Steven Mazie has this post today at the "Democracy in America" blog of The Economist.
Posted at 11:35 PM by Howard Bashman


"Supreme Court debate over inmates' religious rights gets a little hairy": Robert Barnes will have this article in Wednesday's edition of The Washington Post.
Posted at 11:32 PM by Howard Bashman


"Removing Fuller would be long, arduous process": Mary Troyan of The Montgomery Advertiser recently had an article that begins, "Impeaching a federal judge is an arduous, time-consuming process that Congress has used sparingly, which may explain why no lawmaker has asked the U.S. House to impeach U.S. District Judge Mark Fuller."

Last Thursday, Troyan had an article headlined "Judge Fuller's attorney: Incident has been overblown."

And last Friday, AL.com had an article headlined "Attorney says no 'beating, kicking or slapping' involved in Judge Mark Fuller domestic violence incident."
Posted at 10:50 PM by Howard Bashman



"Castille, Kane working to get Pa. chief justice copies of judges' emails": Brad Bumsted and Adam Brandolph of The Pittsburgh Tribune-Review have a news update that begins, "Pennsylvania Supreme Court Chief Justice Ronald Castille and Attorney General Kathleen Kane are 'working out the details' of having her turn over judges' sexually-explicit emails to Castille, a court spokesman said."
Posted at 10:44 PM by Howard Bashman


"Let's lift the Supreme Court's veil of secrecy": Law professor Eric J. Segall has this essay online at The Los Angeles Times.
Posted at 10:37 PM by Howard Bashman


"The Gay Marriage Cases and Federal Jurisdiction": Law professor Steven G. Calabresi has posted this paper online at SSRN (via "Legal Theory Blog").
Posted at 10:16 PM by Howard Bashman


"Inside The Gitmo Force-Feeding Hearing The Government Didn'i Want You To See": Ryan J. Reilly of The Huffington Post has this report.

And Carol Rosenberg of The Miami Herald has a report headlined "Doctor: Guantanamo erred by lubing forced-feeding tubes with olive oil."
Posted at 10:09 PM by Howard Bashman



"Gay marriage opponents pick new battleground of religious freedom": Reuters has this report.
Posted at 10:00 PM by Howard Bashman


"Judge Pryor on the executive obligation to defend the law": At "The Volokh Conspiracy," Jonathan H. Adler has a post that begins, "Last Thursday, Judge William H. Pryor, Jr. of the U.S. Court of Appeals for the Eleventh Circuit delivered the annual Sumner Canary Lecture at the Case Western Reserve University School of Law."

You can view the video of Judge Pryor's on YouTube via this link.
Posted at 08:02 PM by Howard Bashman



"Gay marriage bans struck down in Western states": Maura Dolan of The Los Angeles Times has this news update.

The Las Vegas Review-Journal has a news update headlined "Nevada gay marriage ban struck down."

And at "SCOTUSblog," Lyle Denniston has a post titled "Two more bans fall."
Posted at 07:54 PM by Howard Bashman



"Judge Sutton's trilemma": Law professor Dale Carpenter has this post at "SCOTUSblog."
Posted at 07:46 PM by Howard Bashman


"Gay Rights Advocates, Dealt a Supreme Court Victory, Focus on Tough Terrain": Sheryl Gay Stolberg will have this article in Wednesday's edition of The New York Times.
Posted at 07:44 PM by Howard Bashman


"Ballot Rulings With a Partisan Edge Sow Confusion in States": Trip Gabriel will have this article in Wednesday's edition of The New York Times.
Posted at 07:38 PM by Howard Bashman


"The Roberts Court's Brief Progressive Moment": Jeffrey Toobin has this post online at The New Yorker.
Posted at 07:28 PM by Howard Bashman


"As Test of Religious Liberty, Justices Say, Case of Inmate's Beard May Come Up Short": Adam Liptak will have this article in Wednesday's edition of The New York Times.

Warren Richey of The Christian Science Monitor has an article headlined "Can a prison inmate hide a gun in a beard? Supreme Court justices wonder."

Peter Urban of Stephens Washington Bureau reports that "Supreme Court hears arguments in Arkansas prison beard case."

Lauren Markoe of Religion News Service reports that "Justice Roberts asks if the case of the Muslim prisoner's beard is too easy."

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Justices Skeptical Of Beard Rule In Inmate Religious Rights Case."
Posted at 07:25 PM by Howard Bashman



"Supreme Court May Clarify Procedures For Removal Under CAFA -- If It Decides To Answer The Question Presented in Dart Cherokee Basin Operating Co. v. Owens": Archis A. Parasharami has this post at the "Class Defense" blog.

And at Bloomberg View, law professor Noah Feldman has an essay titled "Class Action Case Could Bend the Law."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Dart Cherokee Basin Operating Co. v. Owens, No. 13-719.
Posted at 06:06 PM by Howard Bashman



"First Amendment issues at U.S. Supreme Court in new ways": Tony Mauro has this news analysis online at the Newseum Institute.
Posted at 05:23 PM by Howard Bashman


"Gay marriage bans in Idaho, Nevada struck down": The Associated Press has this report.

Circuit Judge Stephen Reinhardt wrote the opinion of the Court. In addition, Judge Reinhardt and Circuit Judge Marsha S. Berzon issued concurring opinions.
Posted at 04:28 PM by Howard Bashman



"Prisoner's beard offers Supreme Court a game of inches": Richard Wolf of USA Today has this report.

Michael Doyle of McClatchy Washington Bureau has an article headlined "In prison grooming case, justices become the 'Barbers of Capitol Hill.'"

The Guardian (UK) has a report headlined "Beard rules draw supreme court justices' mockery in religious rights case; Jokes and banter about security combs and arbitrary rules fill surreal hearing about prisoners' religious rights to grow beards."

Lawrence Hurley of Reuters reports that "U.S. justices scratch chins over prison beard lengths."

And at Bloomberg View, law professor Noah Feldman has an essay titled "Sam Alito, Beard Guy."
Posted at 04:22 PM by Howard Bashman



"Indiana judge objects to smoky smell of court documents": Kristine Guerra of The Indianapolis Star has an article that begins, "Documents in an Indiana Court of Appeals case reek of an 'unpleasant odor.' So says a footnote in an opinion written last week by Judge Edward Najam Jr."

Unfortunately for the appellant, the record apparently did not reek of injustice, as the judgment appealed from was affirmed.
Posted at 03:57 PM by Howard Bashman



"Supreme Court Seeks U.S. Views in Special Education Case": Mark Walsh has this post at the "School Law" blog of Education Week.
Posted at 03:49 PM by Howard Bashman


"Request for release of info in '96 TWA crash denied": The Boston Globe has this article reporting on a ruling that the U.S. Court of Appeals for the First Circuit issued yesterday.
Posted at 02:05 PM by Howard Bashman


"Declarations: The Coverage Opinions Interview With Laurence Tribe." Yesterday's edition of Coverage Opinions contained this interview.

And at "The Volokh Conspiracy," Eugene Volokh has a related blog post titled "William Howard Obama?"
Posted at 02:02 PM by Howard Bashman



"Victory for Gay Marriage & The Rise of Amicus Briefs -- Allison Orr Larsen": This interview with law professor Allison Orr Larsen appeared on yesterday's broadcast of The Colbert Report.
Posted at 01:55 PM by Howard Bashman


"New York court to weigh legal rights of chimps": Reuters has this report.
Posted at 01:30 PM by Howard Bashman


"Cruz rips SCOTUS on gay marriage": Politico.com has this report.

And at The Huffington Post, law professor Geoffrey R. Stone has a blog entry titled "Same-Sex Marriage and the Dangers of Dawdling."
Posted at 01:24 PM by Howard Bashman



"Supreme Court declines to hear Zedillo suit": The Yale Daily News has this report.
Posted at 01:22 PM by Howard Bashman


"U.S. Supreme Court weighs employee pay for security checks": Reuters has this report.
Posted at 01:20 PM by Howard Bashman


"Can Judicial Candidates Solicit Money?" Andrew Cohen has this essay online at the Brennan Center for Justice.
Posted at 01:07 PM by Howard Bashman


"Constitution Check: The legal battle over same-sex marriage is over -- or is it?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:05 PM by Howard Bashman


"High court likely to allow Muslim inmate's beard": Mark Sherman of The Associated Press has this report.

Greg Stohr of Bloomberg News reports that "Prison's No-Beard Rule Doubted in Top Court Religion Case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument report: Trouble at the lectern."

Update: You can access at this link the transcript of today's U.S. Supreme Court oral argument in Holt v. Hobbs, No. 13-6827.
Posted at 12:42 PM by Howard Bashman



"A question for civil litigators in diversity cases -- should federal district judges construe state law broadly or narrowly?" Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 08:54 AM by Howard Bashman


"Gay Marriage Opponents in Holdout States Vow Sustained Battle": Mark Niquette, Esme E. Deprez, and Jennifer Oldham of Bloomberg News have this report.

Mark Sherman of The Associated Press reports that "Gay marriage focus returns to lower courts."

Andy Grimm of The Times-Picayune of New Orleans reports that "Gay marriage in Louisiana remains banned after Supreme Court denies appeals."

In today's edition of The Wall Street Journal, Brent Kendall and Jess Bravin have an article headlined "Supreme Court Allows Gay Marriage to Begin in 5 States; Justices Decline for Now to Make Nationwide Decision on Issue."

In today's edition of The New York Times, Jack Healy, Michael D. Shear, and Erik Eckholm have an article headlined "Scenes of Exultation in Five States as Gay Couples Rush to Marry."

Bob Egelko of The San Francisco Chronicle reports that "Supreme Court gives quiet momentum to marriage equality."

Cheryl Wetzstein of The Washington Times reports that "Supreme Court denies gay marriage appeals."

Warren Richey of The Christian Science Monitor has an article headlined "Supreme mystery: Why didn't the Supreme Court accept a gay marriage case?"

The Guardian (UK) reports that "US supreme court decision paves way for sweeping expansion of gay rights."

And in commentary, at CNN.com, Jeffrey Toobin has an essay titled "How Supreme Court's non-decision helps gay marriage."

At Bloomberg View, law professor Noah Feldman has an essay titled "Justices Just Aren't Ready for Gay Marriage."

And at Politico Magazine, Richard Thompson and Erin Elizabeth Mersino of the Thomas More Law Center have an essay titled "Supreme Court to South Carolina: Drop dead; The justices don't care what voters think; Is that democracy?"
Posted at 08:34 AM by Howard Bashman



"Arkansas prison beard case at U.S. Supreme Court": Peter Urban of Stephens Washington Bureau has this report.

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Should Short Beards Be Allowed Behind Bars?"

And recently in The Los Angeles Times, law professor Michael A. Helfand had an op-ed titled "Is a prisoner's beard dangerous?"
Posted at 08:30 AM by Howard Bashman



"How Justice Sotomayor Is 'Busting' The Supreme Court's Steady Rhythms": This audio segment, featuring Nina Totenberg and Joan Biskupic, appeared on today's broadcast of NPR's "Morning Edition."
Posted at 08:22 AM by Howard Bashman


"Argument preview: Theft and workers' wage rights." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 08:17 AM by Howard Bashman


Monday, October 6, 2014

"The Right Outcome for the Wrong Reasons: The Supreme Court is missing its moment to lead on gay marriage (and maybe that's what it wants)." Dahlia Lithwick has this jurisprudence essay online at Slate.

Also online at Slate, law professor Lisa T. McElroy has an essay titled "Love in the Time of Cert Denials."

And Chris Geidner of BuzzFeed has an article headlined "Justice Anthony Kennedy's Marriage Equality End Game."
Posted at 11:36 PM by Howard Bashman



"U.S. Appeals panel officially upholds Wisconsin voter ID law": Patrick Marley of The Milwaukee Journal Sentinel has this news update.

Reuters reports that "Appeals court says Wisconsin voter ID law constitutional."

And The Associated Press reports that "Appeals court upholds Wisconsin voter ID law."

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.

At his "Election Law Blog," Rick Hasen offers his quick reaction to the ruling.
Posted at 10:55 PM by Howard Bashman



"Drakes Bay agrees to cease oyster operations; plans to open restaurant": The Marin Independent Journal has this report.

The Press Democrat of Santa Rosa, California reports that "Drakes Bay Oyster Co. agrees to shut down."

The San Francisco Chronicle reports that "Oyster lovers can still buy Drakes Bay shellfish, through December."

And The Associated Press reports that "Feds give oyster farm until year's end to vacate."
Posted at 10:45 PM by Howard Bashman



"Kathleen Kane's office trying to comply with Chief Justice Ronald Castille's request in porn email scandal": The Associated Press has this report.
Posted at 10:38 PM by Howard Bashman


"The Court's Green Light on Gay Marriage": Richard Socarides has this post online at The New Yorker.
Posted at 10:33 PM by Howard Bashman


"Risen: Journalists must fight or become irrelevant; Colby College's Lovejoy winner, a New York Times reporter, faces the possibility of being imprisoned for refusing to reveal his sources." Today's edition of The Morning Sentinel of Waterville, Maine contains this front page article.
Posted at 10:32 PM by Howard Bashman


"New abortion cases could reach Supreme Court": Jennifer Haberkorn of Politico.com has this report.

Reuters reports that "Abortion rights groups ask Supreme Court to halt Texas restrictions."

And The Associated Press reports that "Tough Texas abortion law may head to Supreme Court."
Posted at 10:22 PM by Howard Bashman



"BP Seeks Payment Changes That May Reignite Damages Fight": Laurel Brubaker Calkins and Daniel Lawton of Bloomberg News has an article that begins, "BP Plc asked a U.S. appeals court to undo payments to some victims of the 2010 Gulf of Mexico oil spill in a move opposing lawyers said might open the floodgates to hundreds of thousands of individual damage-claim awards."
Posted at 10:15 PM by Howard Bashman


"Congratulations Shon!" Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 10:14 PM by Howard Bashman


"Why no gay marriage cases? U.S. top court, Kennedy hard to predict." Joan Biskupic of Reuters has this report.

And Josh Gerstein of Politico.com has an article headlined "Why the Supreme Court punted on gay marriage."
Posted at 09:28 PM by Howard Bashman



"Eyes on Sixth Circuit for Next Move on Same-Sex Marriage": Tony Mauro of The National Law Journal has this Supreme Court Brief. You can freely access the full text via Google.

Mauro also has an item headlined "Docket Chat: Clement's Milestone and a Jones Day Associate's Debut." You can freely access the full text via Google.

And Marcia Coyle of The National Law Journal has a Supreme Court Brief headlined "Supreme Court's Silence on Marriage Rights Speaks Volumes." You can freely access the full text via Google.
Posted at 08:07 PM by Howard Bashman



"Live From the Supreme Court": Susan Lehman has this interview with Adam Liptak online today at The New York Times.
Posted at 07:49 PM by Howard Bashman


"Americans' Approval of Supreme Court Steady at 44%; Job approval has been about evenly divided since 2012": Gallup.com has this report today.
Posted at 07:44 PM by Howard Bashman


"Confusion and surprise mark the high court's new term": Bill Mears of CNN.com has this report.
Posted at 07:40 PM by Howard Bashman


"High court begins term with case on police actions": Sam Hananel of The Associated Press has this report.

And at Reason.com's "Hit & Run" blog, Damon Root| has a post titled "Supreme Court Weighs Police Officer's 'Mistake of Law' in Fourth Amendment Case."
Posted at 07:33 PM by Howard Bashman



"Supreme Court effectively strikes down Indy's adult bookstore ordinance": Maureen Groppe of The Indianapolis Star has this news update.
Posted at 06:00 PM by Howard Bashman


"High court glitch delays news on gay marriage": The Associated Press has this report. According to the article, "The [order] list is also posted electronically, but it was only intermittently available on the revamped website the court rolled out Monday."

And at "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "Behind the Scenes: SCOTUS Media Room on Opening Day." You can freely access the full text of the post via Google.
Posted at 03:42 PM by Howard Bashman



"Children's group wants Supreme Court to force federal action on warming": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:30 PM by Howard Bashman


Access online the transcript of today's U.S. Supreme Court oral argument in Heien v. North Carolina, No. 13-604: At this link.

At "The Volokh Conspiracy," Orin Kerr has a post titled "Oral argument in Heien v. North Carolina."

And at Bloomberg View, Noah Feldman has an essay titled "Even Ignorant Cops Have to Follow the Law."
Posted at 02:54 PM by Howard Bashman



"Supreme Court Declines To Take Up Gay-Marriage Appeals": Nina Totenberg had this audio segment on the west coast feed of today's broadcast of NPR's "Morning Edition."
Posted at 02:30 PM by Howard Bashman


"The Same-Sex Marriage Fight Is Over: By refusing to take a stand on lower-court decisions, the justices have effectively settled the fight -- in favor of gays and lesbians who want to marry." Garrett Epps has this essay online at The Atlantic.
Posted at 01:54 PM by Howard Bashman


"Supreme Court Allows Gay Marriage to Begin in 5 States; Justices Decline for Now to Make Nationwide Decision on Issue": Brent Kendall of The Wall Street Journal has this news update.
Posted at 01:49 PM by Howard Bashman


Eighth Circuit reinstates lawsuit brought under RFRA by small for-profit company that wants to offer health insurance without contraceptive coverage to its employees: You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 01:46 PM by Howard Bashman


"ACLU of Indiana: 'Same sex marriage is now a reality.'" Tim Evans and Justin Mack of The Indianapolis Star have this news update.

Marissa Lang of The Salt Lake Tribune has a news update headlined "Utah clerks issuing marriage licenses to same-sex couples."

And The Denver Post has a news update headlined "Colorado AG says all 64 clerks must issue same-sex marriage licenses."
Posted at 01:26 PM by Howard Bashman



"The Supreme Court's Biggest Gay-Marriage Decision": Amy Davidson has this post online at The New Yorker.
Posted at 01:22 PM by Howard Bashman


"SCOTUS Communications Problem Today Highlights Transparency Issues": Rick Hasen has this post at his "Election Law Blog."
Posted at 01:20 PM by Howard Bashman


"Texans ask court to speed gay-marriage case": Chuck Lindell of The Austin American-Statesman has this news update.
Posted at 01:16 PM by Howard Bashman


"Many more same-sex marriages soon, but where?" Lyle Denniston has this post at "SCOTUSblog."

And at the "Maryland Appellate Blog," Steve Klepper has a post titled "Three Ways That Today's Supreme Court Marriage Vote Sends a Clear Signal to Lower Courts."
Posted at 12:12 PM by Howard Bashman



"Supreme Court clears way for gay marriage in several states": David G. Savage of The Los Angeles Times has this news update.

And at his "Suits & Sentences" blog, Michael Doyle of McClatchy Washington Bureau has a post titled "Supreme Court ducks, for now, same-sex marriage question."
Posted at 11:14 AM by Howard Bashman



"U.S. Supreme Court declines to review Oklahoma same-sex marriage case; The move may mean gay marriage could start immediately in Oklahoma": Chris Casteel of The Oklahoman has this news update.

And Markus Schmidt of The Richmond Times-Dispatch has news update headlined "Supreme Court paves way for gay marriage in Va. -- unions could take place today."
Posted at 11:10 AM by Howard Bashman



"Today at SCOTUS: Police Errors vs. the Fourth Amendment": Damon Root has this post today at Reason.com's "Hit & Run" blog.

At "Re's Judicata," Richard M. Re has a post titled "A Middle Ground in Heien v. North Carolina?"

And today at "Simple Justice," Scott H. Greenfield has a post titled "The First Scary Monday In October: Heien."
Posted at 11:02 AM by Howard Bashman



"The Glaring Falsehood That Could Steal Health Care Away From Millions Of Americans": Online today at ThinkProgress, Ian Millhiser has a post that begins, "A lawsuit that will cause the structure of Obamacare to 'crumble,' according to a state attorney general who is one of the lawsuit's leading proponents, rests on a falsehood about how one former senator helped shape the act."
Posted at 10:56 AM by Howard Bashman


As of 10:40 a.m. eastern time, the U.S. Supreme Court has still not posted a link to today's Order List on its web page created for that purpose: Today, the U.S. Supreme Court launched a redesigned web site. While the redesigned site looks attractive, the most important aspect of any web site is functionality.

Last year, the Court had its lengthy Order List from the first Monday in October available online within six minutes.

Today, by contrast, more than an hour has passed and the Court's Order List is still not available online via the page created for that purpose. To be sure, the Orders List is available online at this link. You can't learn that now, however, from the U.S. Supreme Court's own site.

Update: The Court finally posted a link to its Order List at or shortly after 10:45 a.m. eastern time. Here's hoping that a link to next week's Order List can be posted online somewhat more promptly than 75 minutes after its issuance.

Some have suggested that this may have been an issue affecting certain web browsers but not others. I was refreshing the page using Google Chrome.
Posted at 10:40 AM by Howard Bashman



"Supreme Court declines to hear same-sex marriage appeal from Utah": Dennis Romboy of The Deseret News has this report.

Jason Stein of The Milwaukee Journal Sentinel reports that "Gay marriages to resume in Wisconsin as Supreme Court rejects appeals."
Posted at 10:28 AM by Howard Bashman



"Denying Review, Justices Clear Way for Gay Marriage in 5 States": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court declines to review same-sex marriage cases."

Richard Wolf of USA Today reports that "High court ruling may lead to gay marriage in 30 states."

Josh Gerstein of Politico.com reports that "SCOTUS turns down same-sex marriage challenges."

And Benjamin Goad of The Hill reports that "Court paves way for gay marriage."
Posted at 10:04 AM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: The Court has posted today's 81-page Order List at this link. The Court did not grant review in any new cases, but the Court called for the views of the Solicitor General in six cases.

The Court today also issued a per curiam summary reversal of the U.S. Court of Appeals for the Ninth Circuit in Lopez v. Smith, No. 13-946

In early news coverage, The Associated Press has reports headlined "High court denies gay marriage appeals"; "Court lets stand terrorism conviction"; "Supreme Court rejects appeal of fired Ohio teacher"; "Court won't hear appeal over judge's conduct"; and "Court rejects appeal in SC redistricting case."

Lawrence Hurley of Reuters reports that "Supreme Court declines to intervene in gay marriage cases"; "Supreme Court declines to review Massachusetts man's al Qaeda support conviction"; and "U.S. top court rejects challenge to ozone regulations."

Greg Stohr of Bloomberg News reports that "U.S. Supreme Court Refuses to Rule on Gay Marriage."

And Chris Geidner of BuzzFeed reports that "Supreme Court Denies Review Of Same-Sex Marriage Cases, Bringing Marriage Equality To Five States; The decision not to decide brings marriage equality to Indiana, Oklahoma, Virginia, Wisconsin, and Utah."
Posted at 09:48 AM by Howard Bashman



"Supreme Court rejects gay marriage appeals from 5 states.": The Associated Press has issued this news alert.
Posted at 09:46 AM by Howard Bashman


"A Jilted Lover's Case Against the Supreme Court": Kenneth Jost had this post yesterday at his blog, "Jost On Justice."
Posted at 09:27 AM by Howard Bashman


"The 'Barney Fife Loophole' to the Fourth Amendment: A case before the Supreme Court asks whether police can stop drivers for doing something that isn't a crime if the officers have misunderstood the law." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 08:22 AM by Howard Bashman


"Supreme Court Poised to Decide Cases on Bias, Employment, and Outlaw Fish": Paul M. Barrett of Bloomberg Businessweek has this report.
Posted at 08:20 AM by Howard Bashman


"9th Circuit hears Whittemore's appeal Monday": The Associated Press has this report.
Posted at 08:17 AM by Howard Bashman


"Supreme Court To Weigh Facebook Threats, Religious Freedom, Discrimination": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 08:09 AM by Howard Bashman


"The Secret the Supreme Court Knows And You Don't": Ariane de Vogue of ABC News has this report.
Posted at 08:07 AM by Howard Bashman


"High court begins term with case on police actions": Mark Sherman of The Associated Press has this report.
Posted at 08:04 AM by Howard Bashman


"Amazon Workers Take Security-Line Woes to Supreme Court": Spencer Soper, Sophia Pearson, and Greg Stohr of Bloomberg News have this report.
Posted at 08:03 AM by Howard Bashman


"Embrace the Irony: Lawrence Lessig wants to reform campaign finance; All he needs is fifty billionaires." Evan Osnos has this article in the October 13, 2014 issue of The New Yorker.
Posted at 08:00 AM by Howard Bashman


Sunday, October 5, 2014

"FBI surveillance letters weighed in San Francisco appeals court": Howard Mintz will have this article in Monday's edition of The San Jose Mercury News.
Posted at 10:36 PM by Howard Bashman


"Federal court hearing examines Guantanamo hunger-strike policy": Carol Rosenberg of The Miami Herald has this report.
Posted at 10:28 PM by Howard Bashman


"Fractions of Women in Texas": Online today at The New Yorker, Amy Davidson has a post that begins, "How do you count women in Texas, and when do the numbers get big? There is a good deal of bad math in a decision made last week, by the Fifth Circuit Court of Appeals, that had the effect of closing all but eight abortion clinics in the state; until recently, there were about forty."
Posted at 10:14 PM by Howard Bashman


"Law Without History?" Retired Justice John Paul Stevens will have this review of Second Circuit Chief Judge Robert A. Katzmann's new book, "Judging Statutes," in the October 23, 2014 issue of The New York Review of Books.
Posted at 10:11 PM by Howard Bashman


"The Supreme Court Cases That Could Change America In The Coming Year": Chris Geidner of BuzzFeed has this report.
Posted at 10:07 PM by Howard Bashman


"Voting rights on docket as new Court term opens; gay marriage, Obamacare fights possible": Stephen Dinan of The Washington Times has this report.
Posted at 09:47 PM by Howard Bashman


"Allen Stanford files 299-page appeal of his 110-year sentence": This article appears in today's edition of The Dallas Morning News.
Posted at 09:44 PM by Howard Bashman


"Unvetted Quebec judge Clement Gascon takes Supreme Court seat": Sean Fine will have this article in Monday's edition of The Toronto Globe and Mail.
Posted at 09:40 PM by Howard Bashman


"America's Post-Crash Constitution: How the Great Recession rewrote our laws." Law professor Ganesh Sitaraman has this essay online at Politico Magazine.
Posted at 09:36 PM by Howard Bashman


"Sonia Sotomayor v. tradition: Can charisma move the court?" This excerpt from Joan Biskupic's new book -- "Breaking In: The Rise of Sonia Sotomayor and the Politics of Justice" -- appears online at Reuters.

And you can view Biskupic's appearance on a recent broadcast of C-SPAN2's "Book TV" via this link.
Posted at 09:24 PM by Howard Bashman



"God's Rottweilers: Meet the small nonprofit law firm that's reshaping American politics." Amelia Thomson-DeVeaux has this article online at Politico Magazine about the Becket Fund for Religious Liberty.
Posted at 09:14 PM by Howard Bashman


The U.S. Supreme Court's redesigned home page is now online: You can view it at this link.

The page provides easier access to audio and transcripts of recent oral arguments.
Posted at 08:33 PM by Howard Bashman



"Since 1891, only white males have represented Alabama on its federal appellate court [and] no Democratic president has appointed an Alabama nominee to the Eleventh Circuit." So writes Leslie M. Proll online at AL.com in an essay titled "Vacancies must be filled on Alabama's federal bench."
Posted at 08:26 PM by Howard Bashman


"The Most Ambitious Environmental Lawsuit Ever: A quixotic historian tries to hold oil and gas companies responsible for Louisiana's disappearing coast." Nathaniel Rich has this cover story in today's edition of The New York Times.
Posted at 08:14 PM by Howard Bashman


"Amendment 3 could reshape Florida's high court": This article will appear in Monday's edition of The Orlando Sentinel.

And The Sarasota Herald-Tribune has an article headlined "Is Legislature's proposed amendment practical or political?"
Posted at 07:22 PM by Howard Bashman



"High Court to hear case dealing with natives on juries; The Supreme Court is set to tackle a long standing issue on Monday -- aboriginal underrepresentation on juries hearing criminal cases": The Toronto Star has this report.
Posted at 07:16 PM by Howard Bashman


"Justices face questions as 'John Doe' probe lands in Supreme Court": Dee J. Hall of The Wisconsin State Journal has an article that begins, "Should the four-member conservative majority on the Wisconsin Supreme Court decide a case involving groups that spent more than $8 million to get them elected?"
Posted at 07:04 PM by Howard Bashman


"Voting rules, gay marriage, other issues await Supreme Court": David G. Savage of The Los Angeles Times has this report.

Richard Wolf of USA Today has articles headlined "Supreme Court term starts slow but could 'explode'" and "While gay marriage waits, Supreme Court takes the bait."

And The Guardian (UK) reports that "Supreme court prepares busy schedule of religious, women's and voters' rights; Most active branch of US government faces high-stakes session following recent run of controversial decisions."
Posted at 07:00 PM by Howard Bashman



"FedEx Says Kansas Ruling on Drivers Based on Old Practice": Bloomberg News has this report.
Posted at 06:57 PM by Howard Bashman


"Six Justices Attend Annual Red Mass in D.C." 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 06:50 PM by Howard Bashman



"No challenge expected on Missouri abortion law": The Associated Press has this report.
Posted at 01:14 PM by Howard Bashman


"For Now, Court Stays Mum On Gay Marriage Cases": This audio segment, featuring Nina Totenberg, appeared on today's broadcast of NPR's "Weekend Edition Sunday."
Posted at 11:27 AM by Howard Bashman


"A shareholder solution to 'Citizens United'": Jamie B. Raskin has this essay online at The Washington Post.
Posted at 09:32 AM by Howard Bashman


"From Felony Conviction to Bar Exam; Court says D.C. Circuit clerk Shon Hopwood can pursue bar admission": Tony Mauro will have this article in tomorrow's edition of The National Law Journal reporting on a recent order of the Supreme Court of Washington State.

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

And in June 2014, Hopwood had a blog post titled "Graduation: From Federal Prison to Juris Doctorate."
Posted at 09:18 AM by Howard Bashman



"Who Are 'We the People'?" Eric L. Lewis has this essay in the Sunday Review section of today's edition of The New York Times.
Posted at 09:14 AM by Howard Bashman


"Supreme Court weighs same-sex marriage debate; Need for ruling as lawsuits progress": This article appears in today's edition of The Boston Globe.

And Mark Sherman of The Associated Press reports that "Justices' new term has expectations on gay unions."
Posted at 09:00 AM by Howard Bashman



"Court Could Confront Marriage, Abortion, Affirmative Action in New Term": Pete Williams of NBC News has this report.

And Lawrence Hurley of Reuters reports that "Inmate beards, Facebook threats on U.S. top court's docket."
Posted at 08:55 AM by Howard Bashman



"Kane denies Castille's request for info on explicit e-mails": This article appears in today's edition of The Philadelphia Inquirer.
Posted at 08:50 AM by Howard Bashman


Saturday, October 4, 2014

"The Invention of Low-Value Speech": Law professor Genevieve Lakier has posted this article online at SSRN (via "Legal Theory Blog").
Posted at 11:08 PM by Howard Bashman


"Court Says FedEx Drivers Were Employees, Not Contractors; Kansas Supreme Court Opinion Is Setback for Delivery Company": Today's edition of The Wall Street Journal contains this article. You can freely access the full text of the article via Google News.

And Bloomberg News reports that "FedEx Drivers Win Kansas Top Court Ruling on Employment."

You can access yesterday's ruling of the Supreme Court of Kansas, on certified question from the Chicago-based U.S. Court of Appeals for the Seventh Circuit, at this link.
Posted at 11:05 PM by Howard Bashman



"Women rally after McAllen abortion clinic shuts down": This article will appear in Sunday's edition of The Monitor of McAllen, Texas.

And online at The Washington Post, columnist Ruth Marcus has an essay titled "In Texas, an undue burden on women seeking abortions."
Posted at 10:58 PM by Howard Bashman



"McCaffery's emails: Legitimate 'prying.'" This editorial will appear in Sunday's edition of The Pittsburgh Tribune-Review.

And in Sunday's edition of The Delaware County (Pa.) Daily Times, columnist Christine Flowers will have an op-ed titled "A robe and gavel don't make the judge."
Posted at 10:50 PM by Howard Bashman



"Judge White takes oath for federal bench": The St. Louis American today posted online an article that begins, "Judge Ronnie L. White was administered the oath of office to join the bench on the United States District Court's Eastern District of Missouri in a lively, emotional investiture ceremony held Friday afternoon in the Thomas F. Eagleton U.S. Courthouse in downtown St. Louis."
Posted at 10:25 PM by Howard Bashman


"Skipper Smut: A Miami man's dark voyage into 'crush' porn." David Ovalle will have this lengthy article in Sunday's edition of The Miami Herald.
Posted at 10:16 PM by Howard Bashman


"Supreme Court's Robust New Session Could Define Legacy of Chief Justice": Adam Liptak will have this article in Sunday's edition of The New York Times.
Posted at 10:14 PM by Howard Bashman


"Times recommends: Vote no on Amendment 3, packing the Florida Supreme Court." This editorial will appear in Sunday's edition of The Tampa Bay Times.
Posted at 10:09 PM by Howard Bashman


"The Supreme Court's supremely flawed record": Law professor Erwin Chemerinsky will have this op-ed in Sunday's edition of The Los Angeles Times.
Posted at 10:07 PM by Howard Bashman


"The Supreme Court: Decisions, decisions; This year will not just be about same-sex marriage." This article appears in today's edition of The Economist magazine.
Posted at 10:00 PM by Howard Bashman


"As Supreme Court term begins, prospect of a gay-marriage ruling looms large": Robert Barnes will have this article in Sunday's edition of The Washington Post.
Posted at 09:56 PM by Howard Bashman


"Judge Orders Disclosure of Guantanamo Videos": Charlie Savage has this article in today's edition of The New York Times.

And today at the "Lawfare" blog, Jack Goldsmith has a post titled "Judge Kessler's Videotape Order and the Costs of Crying Wolf."
Posted at 09:34 PM by Howard Bashman



"Profs. Bagley, Adler Debate Role of Halbig & King in Defining PPACA Legality": The University of Michigan Law School recently posted online this news release. You can view the video of the debate via this link.
Posted at 09:00 PM by Howard Bashman


"Voter-ID Rules' Impact on Turnout Is Hard to Determine; Critics Say Requirements Deter Significant Number, but Research Indicates Rising Turnout": Jo Craven McGinty has this article in today's edition of The Wall Street Journal.

And online at The New Republic, Eric Garcia has an essay titled "Voter ID Laws Are Costing Taxpayers Millions."
Posted at 08:52 PM by Howard Bashman



"Judge rules Alabama dental law is constitutional; non-dentists can't provide teeth-whitening services": Kent Faulk has this article in today's edition of The Birmingham News.
Posted at 08:50 PM by Howard Bashman


"Texas Women Forced to Reassess After New Ruling on Abortions": Laura Tillman and Erik Eckholm have this article in today's edition of The New York Times.
Posted at 08:47 PM by Howard Bashman


"Does It Matter Which Same-Sex Marriage Case(s) the Supreme Court Takes?" Michael Dorf had this post yesterday at his blog, "Dorf on Law."
Posted at 08:45 PM by Howard Bashman


"Big Issues Loom at the U.S. Supreme Court: Abortion rights, Obamacare, and marriage equality, to name a few." Law professor Erwin Chemerinsky has this article in the October 2014 issue of California Lawyer magazine.
Posted at 08:44 PM by Howard Bashman


"Correspondent Previews Supreme Court's Fall Term": NY1 Online has posted the video of this interview with Lawrence Hurley of Reuters.
Posted at 08:40 PM by Howard Bashman


By popular demand: This blog's sidelinks to the Especially Appealing Blogs blogroll has reappeared in updated form. Thanks to all the readers who emailed to say how useful they found this list of links to be.
Posted at 08:36 PM by Howard Bashman


"New debate over health care subsidies": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 08:32 PM by Howard Bashman


"Justices Weighing Wages for After-Work Screenings": Steven Greenhouse has this article in today's edition of The New York Times.
Posted at 08:30 PM by Howard Bashman


Friday, October 3, 2014

Programming note: Additional posts will appear here Saturday night.
Posted at 05:52 PM by Howard Bashman


"How to (allegedly) hide evidence, lie to opponents -- and get away with it": Alison Frankel's "On the Case" from Thomson Reuters News & Insight today has a report that begins, "If you want to know why the American public has such a dim view of lawyers, you should read an opinion issued last month by the 3rd U.S. Circuit Court of Appeals in Williams v. BASF."

My earlier coverage of last month's Third Circuit ruling in this case can be accessed here.

And in other coverage of the ruling from last month, Bloomberg News reported that "BASF Must Face Asbestos Coverup Fraud Claims, Court Says."

And WSJ.com's "Law Blog" reported that "Appeals Court Breathes New Life Into Fraud Case Involving BASF, Cahill Gordon."
Posted at 05:48 PM by Howard Bashman



You can follow "How Appealing" on Twitter: Tweets sent from the @howappealing Twitter feed announce the appearance of new posts here (now even faster than before) and also frequently include my retweets of the appellate-related tweets of others.
Posted at 05:36 PM by Howard Bashman


"Tough Texas abortion law may head to Supreme Court": The Associated Press has this report.
Posted at 05:30 PM by Howard Bashman


In Halbig v. Burwell, plaintiffs today filed their en banc Brief for Appellants: You can access the brief online at this link. The case is scheduled for oral argument before the en banc U.S. Court of Appeals for the D.C. Circuit on December 17, 2014.

Update: Also today, the federal government filed its brief in opposition in the U.S. Supreme Court in the related case out of the Fourth Circuit captioned King v. Burwell.
Posted at 05:24 PM by Howard Bashman



In papers of interest recently posted at SSRN: Gordon Silverstein and John I. Hanley have posted a paper titled "The Supreme Court and Public Opinion in Times of War and Crisis" (via "Legal Theory Blog").

And Corey Ciocchetti has posted a paper titled "Religious Freedom & Closely Held Corporations: The Hobby Lobby Case & Its Ethical Implications" (via "Legal Theory Blog").
Posted at 05:20 PM by Howard Bashman



In posts of interest today at "SCOTUSblog": Lyle Denniston has a post titled "Fifth Circuit allows more limits on abortion in Texas." My earlier coverage of yesterday's Fifth Circuit decision appears at this link.

And Rory Little has a post titled "Argument preview: How many brake lights need to be working on your car?"
Posted at 03:56 PM by Howard Bashman



On today's broadcast of "Here & Now" from WBUR Boston: Rick Hasen -- author of the "Election Law Blog" -- was interviewed in an audio segment titled "Supreme Court Rulings Will Shape Midterm Voting."

The broadcast also included an audio segment titled "Nina Totenberg Sings! (And Talks Supreme Court)."
Posted at 03:50 PM by Howard Bashman



"Judge orders release of Gitmo videotapes": Pete Yost of The Associated Press has this report.

Carol Rosenberg of The Miami Herald has a news update headlined "Judge orders release of Guantanamo force-feed videos."

And Josh Gerstein of Politico.com has a blog post titled "Judge orders public release of Guantanamo force-feeding videos."

You can access today's ruling of the U.S. District Court for the District of Columbia at this link.
Posted at 03:38 PM by Howard Bashman



"Supreme Court's Website Makeover Debuts Monday": 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.
Posted at 01:38 PM by Howard Bashman



"Heads start to roll, as porn emails from Corbett's guys spill forth": This article appears in today's edition of The Philadelphia Daily News.

The Daily Mail (UK) reports that "Emails reveal Pennsylvania Supreme Court Justice was 'sending porn to an employee of the State Attorney General's office' as governor faces a widening scandal."

And today at "Above the Law," Staci Zaretsky has a post titled "Supreme Court Justice Involved In 'Porngate' Scandal."
Posted at 01:32 PM by Howard Bashman



"Bonidy v. United States: The Second Amendment at the post office." David Kopel has this lengthy post at "The Volokh Conspiracy."
Posted at 01:16 PM by Howard Bashman


"Even though the Supreme Court struck down DOMA, it's still hurting gays every day; Ruth Bader Ginsburg is wrong about something": Stacey Schuett has this essay online today at The Washington Post.
Posted at 01:09 PM by Howard Bashman


Seventh Circuit Judge Frank H. Easterbrook criticizes the proposal to reduce the word limit for principal appellate briefs from 14,000 words to 12,500 words: You can access Judge Easterbrook's very interesting comment at this link. He is the second federal appellate judge to submit a public comment on the subject. And he also seeks to correct the record concerning the origin of the current 14,000-word limit. Here's hoping that more federal appellate judges contribute their views soon.

Judge Easterbrook's comment concludes, "Changing to a system in which the old 50-page-printed-brief rule converts to 15,000 words in the Supreme Court, and 12,500 words in the court of appeals, would create an unjustified difference."

You can view all the comments received thus far via this link.
Posted at 12:57 PM by Howard Bashman



Should the Federal National Mortgage Association ("Fannie Mae") be treated the same as the American National Red Cross when it comes to removal of cases from state to federal court? Yesterday, a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued this interesting decision. The majority answered "yes," while Senior U.S. District Judge Sidney H. Stein (S.D.N.Y.) sitting by designation dissented.
Posted at 12:06 PM by Howard Bashman


"Young legal stars spend heady year at high court": Mark Sherman of The Associated Press has a report that begins "The 24 men and 12 women spending a year as clerks to Supreme Court justices are young stars of the legal world."
Posted at 11:56 AM by Howard Bashman


"[T]he district court erred in permitting the introduction of a Russian social media page that the government told the jury was created by Zhyltsou, without satisfying the authentication requirement of [Fed. R. Evid.] 901." The improper introduction of a web page from something described as the Russian equivalent of Facebook caused the U.S. Court of Appeals for the Second Circuit today to vacate a criminal conviction and remand for a new trial.
Posted at 11:54 AM by Howard Bashman


"Justice John Paul Stevens Speaks to Georgetown 1Ls": Georgetown Law issued this news release yesterday. You can view the video of the event online, on-demand at this link.

In addition, C-SPAN is scheduled to broadcast the video of the event at 10 p.m. eastern time today.
Posted at 11:28 AM by Howard Bashman



"Two little known statutes may make religious belief superior to the law of the land": Law professor Jeffrey Shulman has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:16 AM by Howard Bashman


Fifth Circuit Judge Gregg J. Costa has issued his first signed published opinion: You can access the opinion, issued yesterday, at this link. The opinion is signed "Gregg Costa, Circuit Judge."

Correction: Yesterday's opinion was Judge Costa's second signed opinion. The first issued on September 11, 2014, when my attention must have been directed elsewhere.
Posted at 10:55 AM by Howard Bashman



"A look at what's next on same-sex marriage": Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:22 AM by Howard Bashman


"A lamentation on useless reports federal judges are required to submit to Congress": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 10:17 AM by Howard Bashman


"The Wire in the (Fourth) Circuit: Civil Rights Claims Proceed Against Police Who Inspired David Simon Characters." Jonathan Biran has this post today at the "Maryland Appellate Blog."
Posted at 10:15 AM by Howard Bashman


"What's Happened So Far in Election Litigation This Week?" Rick Hasen has this post at his "Election Law Blog."
Posted at 10:08 AM by Howard Bashman


"Criminal Appeals Court Judge Files Suit Over Voter ID": Terri Langford of The Texas Tribune has an article that begins, "While a federal judge in Corpus Christi mulls whether the state's requirement to show photo ID to cast a ballot violates the federal Voting Rights Act, a judge on the highest criminal appeals court in Texas is taking another approach: He's suing the state over its relatively new voter ID law."
Posted at 09:10 AM by Howard Bashman


"Meet two activists who brought sweeping change to the gay rights movement": This article will appear in this Sunday's edition of The Washington Post magazine.
Posted at 09:07 AM by Howard Bashman


"10 U.S. Supreme Court Cases That Matter for State and Local Governments; The U.S. Supreme Court will hear cases this term related to religious freedom in state prisons, taxes on railway carriers, traffic stops and more": Governing.com has this report today.
Posted at 09:00 AM by Howard Bashman


"Welcome Back, SCOTUS: 3 Supreme Court Cases to Watch in October 2014; The high court prepares to tackle aggressive police tactics, religious liberty for prisoners, and occupational licensing abuse." Damon Root has this post at Reason.com.
Posted at 08:56 AM by Howard Bashman


"Porn email scandal grips Pennsylvania Capitol": The Associated Press has this report.

And Dan Packel of Law360.com reports that "Porn Email Claims Could Trigger Discipline For Pa. Justice" (subscription required for full access).
Posted at 08:52 AM by Howard Bashman



"Gay marriage aside, business cases dominate U.S. high court docket": Lawrence Hurley of Reuters has this report today.

And in related coverage, Roger Parloff of Fortune reports that "Supreme Court term to open with quirky business docket."
Posted at 08:46 AM by Howard Bashman



Thursday, October 2, 2014

"Religious Rights in Historical, Theoretical and International Context: Hobby Lobby as a Jurisprudential Anomaly?" Law professor S.I. Strong has posted this article online at SSRN (via "Legal Theory Blog").
Posted at 08:54 PM by Howard Bashman


"After contempt order, roles of WA Supreme Court and Legislature to be reviewed at work session": The Olympian of Olympia, Washington has this report.
Posted at 08:50 PM by Howard Bashman


"Philly Toyota Dealer Must Pay $16M For Rental Car Crash": Law360.com had this report (subscription required for full access) back in March 2013.

Today. a unanimous three-judge panel of the Superior Court of Pennsylvania affirmed the judgment in a non-precedential opinion that can be accessed here. I served as appellate counsel for the principal plaintiff and wrote the brief for appellee.
Posted at 08:44 PM by Howard Bashman



"Overturned child abuse conviction lands before U.S. Supreme Court": The Cleveland Plain Dealer has this news update.

And Jack Torry of The Dayton Daily News has an update headlined "US Supreme Court to decide Ohio child abuse case."
Posted at 08:34 PM by Howard Bashman



"U.S. Supreme Court to hear former Hillsborough judicial candidate's fundraising issue": News Service of Florida has this report.
Posted at 08:32 PM by Howard Bashman


"Supreme Court: Texas housing case could prove pivotal for civil rights." Warren Richey of The Christian Science Monitor has this report.
Posted at 08:30 PM by Howard Bashman


"Gay marriage and the Supreme Court: Will they or won't they?" At the "Democracy in America" blog of The Economist, Steven Mazie has this post today.
Posted at 08:24 PM by Howard Bashman


"No decision yet from Supreme Court on gay marriage, Indy adult bookstores": Maureen Groppe of The Indianapolis Star has this news update.
Posted at 08:22 PM by Howard Bashman


"U.S. high court could toss out Ariz. voting boundaries": The Arizona Republic has this news update.
Posted at 08:14 PM by Howard Bashman


"Obamacare and SCOTUS, the sequel?" Jennifer Haberkorn of Politico.com has this report.
Posted at 08:11 PM by Howard Bashman


"Judge Rejects DOJ Bid to Seal Guantanamo Hearing": Zoe Tillman has this post today at "The BLT: The Blog of Legal Times."

You can freely access the full text of the post via Google.
Posted at 08:09 PM by Howard Bashman



"Oklahoma abortion provider sues over new law": The Associated Press has this report.

And Bloomberg News reports that "Oklahoma Doctor Sues to Block New Abortion Restrictions."
Posted at 07:55 PM by Howard Bashman



"Tulsa Muslim's hijab case to be heard by Supreme Court": The Tulsa World has this news update.

And Chris Casteel of The Oklahoman has a news update headlined "U.S. Supreme Court to hear Tulsa head scarf case; Supreme Court Justices will determine whether clothing retailer Abercrombie & Fitch discriminated against a Tulsa teen who was rejected for a job after wearing her hijab to the interview."
Posted at 07:52 PM by Howard Bashman



"Appeals court allows Texas abortion regulations to take effect": The Houston Chronicle has this news update.

The Dallas Morning News has a blog post titled "Appeals court allows Texas' abortion restrictions to go into effect immediately."

The Associated Press reports that "Appeals court lets Texas enforce anti-abortion law."

And Bloomberg News reports that "Texas Abortion Law That May Close Most Clinics Allowed to Stand."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit on the state's motion for a stay at this link.
Posted at 07:44 PM by Howard Bashman



"High court mulls McDaniel appeal": The Clarion-Ledger of Jackson, Mississippi has this news update.

And Bloomberg News reports that "Tea Party Senate Challenger Seeks to Revive Cochran Fight."
Posted at 07:40 PM by Howard Bashman



"Third Circuit gives narrow reading to exclusionary rule": Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 05:26 PM by Howard Bashman


"Join Above The Law For A SCOTUS Event In D.C." David Lat has this post at "Above the Law" about an upcoming event in Washington, DC featuring Lisa Blatt and Tom Goldstein.
Posted at 05:22 PM by Howard Bashman


"Elle features editor Laurie Abraham talked about the magazine's interview with Supreme Court Justice Ruth Bader Ginsburg in which she discussed her 21 years on the high court, overall career, and her reasons for not retiring": This video segment appeared on yesterday's broadcast of C-SPAN's "Washington Journal."
Posted at 05:18 PM by Howard Bashman


"Judge among those involved in Pa. porn-email scandal: report." The Patriot-News of Harrisburg, Pennsylvania has an update that begins, "The stain of the office porn scandal centered on the Office of Attorney General touched a second branch of Pennsylvania's state government Thursday."

And in related coverage, The Philadelphia Inquirer has a news update headlined "DEP chief resigns over porn emails."
Posted at 04:56 PM by Howard Bashman



Winning by a landslide: Readers who have taken the time to contact me by email in response to my move-in day post from yesterday have voted overwhelmingly to reinstate this blog's "Especially Appealing Blogs" blogroll. As other issues with this blog's template are addressed in the coming days, those links will be restored.

Thanks to all of the many readers of this blog who took a moment to share their views on this issue.
Posted at 04:25 PM by Howard Bashman



"Justices Take Cases on Redistricting and Judicial Elections": Adam Liptak will have this article in Friday's edition of The New York Times.
Posted at 04:04 PM by Howard Bashman


"Opening Celebration of Dineen Hall": On Tuesday, Syracuse University College of Law posted online at YouTube the video of this event, at which two federal appellate judges delivered remarks.
Posted at 02:46 PM by Howard Bashman


"Supreme Court Once Again Takes Challenge To Disparate-Impact Claims": Daniel Fisher has this post at Forbes.com.

And at ThinkProgress, Nicole Flatow has a post titled "The Supreme Court Is Poised To Cripple The Federal Ban On Housing Discrimination."
Posted at 02:30 PM by Howard Bashman



"Americans Deliver Verdicts on the U.S. Supreme Court: Majorities feel it's a crucial governing body, but many are unfamiliar with how justices are confirmed; Seven in ten balk at lifetime appointments." The Harris Poll issued this news release yesterday.
Posted at 02:27 PM by Howard Bashman


"Supreme Court takes case on duration of traffic stops": Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 02:20 PM by Howard Bashman


"High Court 'Quality Control' Might Explain Marriage Case Delay": 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.
Posted at 02:18 PM by Howard Bashman



"Alabama's Insane New Abortion Law: Putting teenage girls on trial may finally be too much for the Supreme Court." Mark Joseph Stern has this essay online at Slate.
Posted at 02:12 PM by Howard Bashman


"Gay marriage, once inconceivable, now appears inevitable": Richard Wolf of USA Today has this report.
Posted at 02:10 PM by Howard Bashman


"Supreme Court to decide case over who may draw election districts": David G. Savage of The Los Angeles Times has this news update.

Howard Fischer of The Arizona Daily Star has a news update headlined "Supreme Court to review Arizona districting commission."

Brent Kendall of The Wall Street Journal has a news update headlined "Supreme Court Adds Discrimination Cases to Its Docket; Justices Accept Appeals on Religious Accommodations for Job Applicants, Fair Housing."

Richard Wolf of USA Today reports that "Justices grant cases on housing and job discrimination."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court to hear judicial solicitation case."

Lawrence Hurley of Reuters has reports headlined "Supreme Court takes no immediate action on gay marriage cases"; "Supreme Court to review judicial election campaign contribution requests"; "Supreme Court to hear case of Muslim woman denied employment"; "Supreme Court to weigh employee lawsuit against utility Edison"; "Supreme Court to weigh spouse rights over denied visa"; and "Supreme Court to decide Idaho Medicaid reimbursement dispute."

The Associated Press has reports headlined "Justices to review Arizona districting commission"; "Supreme Court takes up housing bias case"; "Court to consider rules on judicial campaign cash"; "High court to hear Ohio child abuse case"; and "Supreme Court takes up Idaho Medicaid challenge."

Josh Gerstein of Politico.com has blog posts titled "Supreme Court to hear Muslim headscarf case" and "Supreme Court takes another dog sniff case."

At the "School Law" blog of Education Week, Mark Walsh has a post titled "Supreme Court to Weigh Use of Child's Statement to Teachers on Alleged Abuse."

And at "SCOTUSblog," Lyle Denniston has a post titled "Fate of non-partisan redistricting on the line."
Posted at 01:50 PM by Howard Bashman



Programming note: Due to a meeting out of the office mid-morning today, additional posts will appear here this afternoon.
Posted at 09:51 AM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: At this link. The Court granted review in ten cases and postponed the determination of jurisdiction in a direct appeal. The Court did not take any action today on any of the pending same-sex marriage cases.

In early coverage, The Associated Press reports that "No action from high court on gay marriage" and "Court takes up hear religious bias case over hijab."

Robert Barnes of The Washington Post reports that "Supreme Court bypasses same-sex marriage cases, for now."

Richard Wolf of USA Today reports that "Supreme Court delays action on same-sex marriage."

Lawrence Hurley of Reuters reports that "U.S. top court takes up key housing discrimination case."

And at his "Election Law Blog," Rick Hasen has a post titled "Supreme Court to Hear Arizona Redistricting Case and Florida Case on Judicial Campaign Speech."
Posted at 09:35 AM by Howard Bashman



"U.S. Supreme Court Justice Scalia talks state, church during speech": This article appears in today's edition of The Denver Post.

Today's edition of The Boulder Daily Camera contains an article headlined "Justice Scalia, at CU-Boulder: Originalism 'a fight worth soldiering on for'; University has brought a Supreme Court justice to campus four years in a row."

The Washington Times reports that "Scalia defends keeping God, religion in public square."

And The CU Independent reports that "Supreme Court Justice Antonin Scalia delivers Stevens lecture at Macky Auditorium."
Posted at 07:58 AM by Howard Bashman



"Supreme Court could hear same-sex marriage issue": Maureen Groppe of The Indianapolis Star has this report.
Posted at 07:54 AM by Howard Bashman


"The Rise and Fall of Aereo: The Supreme Court squashes one possible future of television." Damon Root has this article in the November 2014 issue of Reason magazine.
Posted at 07:50 AM by Howard Bashman


"Pennsylvania Supreme Court Justice Seamus McCaffery sent explicit emails": In today's edition of The Morning Call of Allentown, Pennsylvania, Steve Esack has a front page article that begins, "Pennsylvania Supreme Court Justice Seamus McCaffery forwarded at least eight sexually explicit emails to an employee in the state attorney general's office who later shared them with more than a dozen others, emails reviewed by The Morning Call show."
Posted at 07:48 AM by Howard Bashman


Wednesday, October 1, 2014

"Lawsuit: AL statute intimidates minors seeking abortions." Brian Lyman of The Montgomery Advertiser has this report.

AL.com reports that "ACLU sues to fight new Alabama restrictions on minors seeking abortions without parental consent."

And The Associated Press reports that "ACLU challenges new Alabama abortion law."
Posted at 10:52 PM by Howard Bashman



"Valley growers take fight against water cutbacks to Supreme Court": The Fresno Bee has this report.
Posted at 10:48 PM by Howard Bashman


"US appeals court OKs evidence from no-warrant GPS": The Associated Press has this report.

My earlier coverage of today's en banc Third Circuit ruling appears at this link.
Posted at 10:45 PM by Howard Bashman



"Sirius XM will appeal copyright ruling in $100 million lawsuit": Reuters has this report.
Posted at 10:04 PM by Howard Bashman


"Muslim inmate takes his case for a beard to the Supreme Court": Lauren Markoe of Religion News Service has a report that begins, "It's not every day that a coalition of legal minds is rooting for a violent inmate convicted of stabbing his girlfriend in the neck."
Posted at 09:56 PM by Howard Bashman


"Big payday for ex-college sports stars?" Lyle Denniston has this post today at "SCOTUSblog."
Posted at 09:14 PM by Howard Bashman


"I'll Have the Lobster, Please: Procedural Issues Dominate 'Meat and Potatoes' Term." Kimberly Robinson of Bloomberg BNA has this blog post previewing the upcoming U.S. Supreme Court term.
Posted at 09:03 PM by Howard Bashman


"The Next Nine Years": Linda Greenhouse has this essay online at The New York Times.
Posted at 08:55 PM by Howard Bashman


"Poll: 70 Percent Want To Abolish Lifetime Tenure At Supreme Court." Sahil Kapur of TPM DC has this report.
Posted at 08:16 PM by Howard Bashman


"Hit-and-run ends in crash into Colorado Supreme Court building": The Denver Post has this news update.
Posted at 08:12 PM by Howard Bashman


"Vote-Restriction Laws Line Up for Supreme Court Review": Marcia Coyle of The National Law Journal has this Supreme Court Brief.

You can freely access the full text of the article via Google.
Posted at 05:14 PM by Howard Bashman



"Supreme Court Orders Coming 9:30 AM Eastern Thursday": So reports Rick Hasen at his "Election Law Blog."
Posted at 05:07 PM by Howard Bashman


"Federal court considers guns in post offices": The Associated Press has a report that begins, "The U.S. Postal Service and a rural Colorado man argued in court Wednesday over where on postal property people can legally carry guns."
Posted at 03:40 PM by Howard Bashman


"Supreme Court Justice Antonin Scalia to speak at CU-Boulder this evening": The Boulder Daily Camera has this report.
Posted at 03:32 PM by Howard Bashman


"Judicial panel rules against Democrat who wanted replacement candidate in U.S. Senate race; Ruling comes minutes before 2 p.m. deadline": Steve Fry of The Topeka Capital-Journal has this news update.

Dave Helling of The Kansas City Star has a news update headlined "Kansas court says Democrats need not provide nominee for U.S. Senate race."

The Associated Press has a report headlined "Court: Democrats don't need Kansas Senate nominee."

And at his "Election Law Blog," Rick Hasen has a post titled "In KSSEN, Dems Do Not Need to Replace Chad Taylor on Ballot" providing a link to the ruling.
Posted at 02:56 PM by Howard Bashman



Two Carneses, two Pryors, and a partridge in a pear tree: Demonstrating that actual reporting can be accomplished at "How Appealing" when the mood strikes, I am pleased to report that Jill A. Pryor will begin serving as a judge on the U.S. Court of Appeals for the Eleventh Circuit on Monday, October 6, 2014. The U.S. Senate unanimously confirmed her nomination by a 97-to-0 vote on September 8, 2014. Here's wishing the newest Judge Pryor a long, enjoyable, and successful career on the court!
Posted at 02:17 PM by Howard Bashman


"Ford loses bid to recoup $450 mln interest on overpaid taxes": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 01:28 PM by Howard Bashman


"Breaking: 4th Circuit, on 2-1 Vote, Partially Blocks NC Voting Changes: Analysis." Rick Hasen has this post at his "Election Law Blog" reporting on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.

In early coverage, The Charlotte Observer has a news update headlined "Federal appeals court restores same-day voting, but doesn't expand early voting window."
Posted at 12:58 PM by Howard Bashman



"Open Chambers: Demystifying the Inner Workings and Culture of the Georgia Court of Appeals." Judge Stephen Louis A. Dillard of the Court of Appeals of Georgia has this interesting article in the Summer 2014 issue of the Mercer Law Review. The article's formal cite is 65 Mercer L. Rev. 831 (Summer 2014).

The article begins, "I vividly remember the day I learned of my appointment to the Georgia Court of Appeals." Thanks to Judge Dillard and the Mercer Law Review for their permission to post the article online here.
Posted at 12:48 PM by Howard Bashman



"Federal appeals court to mull guns in post offices": The Associated Press has this report previewing a case scheduled for oral argument today at the U.S. Court of Appeals for the Tenth Circuit.
Posted at 11:30 AM by Howard Bashman


"Texas appeals court upholds DeLay reversal": The Associated Press has this report.

Today's 8-to-1 ruling of the Texas Court of Criminal Appeals -- that state's highest court in criminal cases -- consists of a majority opinion, a concurring opinion, and a dissenting opinion.
Posted at 11:25 AM by Howard Bashman



"Can Democrats replace Ginsburg?" Joshua Huder had this post recently at the "Rule 22" blog.
Posted at 10:47 AM by Howard Bashman


On move-in day, please pardon our appearance: If you are reading this post, you have found this blog's new location. If you've been automatically forwarded from this blog's former location, you may want to update your bookmarks now.

From the birth of this blog in May 2002 until now, more than 80,000 posts have appeared at "How Appealing." One consequence is that it takes much republishing of pages to have this blog's new template appear throughout all of this blog's archives.

The good news, however, is that new posts are already appearing and the entirety of this blog's archives have relocated, even though a good deal of those archives are still in the process of being republished to reflect this blog's new template.

Readers, one aspect of this site's redesign was to eliminate the blogroll providing links to so-called "Especially Appealing Blogs." It seems that such blogrolls are falling out of favor, if the current designs of "The Volokh Conspiracy," "SCOTUSblog," "Above the Law," or "InstaPundit" are any indication. Most of the traffic I send to other blogs originates from links that appear in posts, rather than in the blogroll.

On the other hand, I found the blogroll a convenient way for me to jump from my page to other sites that I enjoy reading. If enough readers want that blogroll feature reinstated, I may just be able to accomplish that. The best way to let me know if you favor the inclusion of the "Especially Appealing Blogs" list in this blog's new template is to let me know via email at appellateblog@hotmail.com.
Posted at 10:42 AM by Howard Bashman



"Your Type May Be Ripe For Review": Chris Mincher has this post focusing on typography today at the "Maryland Appellate Blog."
Posted at 10:20 AM by Howard Bashman


"Whistleblowers Under Threat in Supreme Court Case, Lawmakers Warn": Jacob Gershman had this post yesterday at WSJ.com's "Law Blog."

And also yesterday, the U.S. Office of Special Counsel issued a news release titled "OSC Files First Supreme Court Amicus Brief to Help Protect Whistleblower Rights."
Posted at 10:18 AM by Howard Bashman



"Court to hear appeal in defamation case": The Scranton Times-Tribune has this report on an order granting allowance of appeal that the Supreme Court of Pennsylvania issued yesterday.

My coverage of the case from earlier this year appears here and here.
Posted at 10:04 AM by Howard Bashman



"What if high court rejects gay marriage cases?" Mark Sherman of The Associated Press has this report.
Posted at 09:56 AM by Howard Bashman


By a vote of 8-to-5, en banc Third Circuit permits use of warrantless GPS evidence under the good faith exception to the exclusionary rule: You can access today's en banc ruling of the U.S. Court of Appeals for the Third Circuit at this link.

Circuit Judge Joseph A. Greenaway, Jr. wrote the lead dissenting opinion, which begins, "Once touted as a way to ensure that the rights of citizens are protected from overzealous law enforcement, today the exclusionary rule's very existence, long eroding, is in serious doubt."
Posted at 09:48 AM by Howard Bashman



"Judicial Reform Group Shutting Down After 101 Years": At "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "The American Judicature Society, a powerful advocate for judicial reform, ethics and research, is shutting its doors after 101 years in existence."

You can freely access the full text of the post via Google.
Posted at 09:40 AM by Howard Bashman



"Gay-Marriage Showdown Weighed by U.S. Supreme Court": Greg Stohr of Bloomberg News has this report.
Posted at 09:36 AM by Howard Bashman


"Gay Marriage And The Blockbuster Issues SCOTUS Is About To Take On": Sahil Kapur of TPM DC has this report.
Posted at 09:34 AM by Howard Bashman


"Long-Term Secrecy Surrounds Electronic Monitoring; Recent Unsealing Shows How Applications Are Kept Hidden Long After Cases Are Closed": In today's edition of The Wall Street Journal, Michael Siconolfi has an article that begins, "A federal judge's recent unsealing of a secret government request for electronic monitoring shines a light on how such applications are kept hidden from the public long after criminal cases that result from them are closed."
Posted at 08:12 AM by Howard Bashman


"Federal judge sides with Pruitt in Obamacare lawsuit": Chris Casteel has this article in today's edition of The Oklahoman.

Today's edition of The Tulsa World contains an article headlined "Oklahoma prevails in court challenge to Affordable Care Act's subsidies."

At "SCOTUSblog," Lyle Denniston has a post titled "Federal judge limits health care subsidies."

And at Forbes.com, Michael F. Cannon has a post titled "Pruitt v. Burwell: IRS's Illegal ObamaCare Taxes/Spending Suffer Another Defeat In Federal Court."

You can access yesterday's ruling of the U.S. District Court for the Eastern District of Oklahoma at this link.
Posted at 08:07 AM by Howard Bashman



"Are Liberals Fundraising Hypocrites?" Thomas B. Edsall has this essay online at The New York Times.
Posted at 08:00 AM by Howard Bashman


"All of which points to Solicitor General Donald Verrilli as the logical, if not inevitable, choice. Close enough to be trusted; not too close to be questioned." So writes columnist Ruth Marcus in today's edition of The Washington Post, in an op-ed titled "Eric Holder's exit leaves a complicated vacuum to fill."
Posted at 07:54 AM by Howard Bashman


"Divided appeals court explains voter ID ruling": The Associated Press has this report.

Courthouse News Service reports that "Seventh Circuit Explains Why It Upheld Wisconsin Voter ID Law."

And at his "Election Law Blog," Rick Hasen has a post titled "7th Circuit Issues Opinions in Earlier 5-5 Split on WI Voter ID Law: Next Stop SCOTUS?"

Yesterday, the U.S. Court of Appeals for the Seventh Circuit issued a per curiam decision denying reconsideration. Accompanying that decision was a dissent from the court's denial of rehearing en banc in which five judges joined.
Posted at 07:50 AM by Howard Bashman



"Oklahoma Department of Corrections releases new execution protocol": This article appears in today's edition of The Oklahoman.

And The Associated Press reports that "Oklahoma unveils new execution procedures."
Posted at 07:40 AM by Howard Bashman



"On Hobby Lobby, Ginsburg Was Right": Jeffrey Toobin has this post online at The New Yorker.
Posted at 07:33 AM by Howard Bashman


"Administration urges rejection of Brewer's appeal": The Associated Press has a report that begins, "The Obama administration has urged a court to reject Arizona Gov. Jan Brewer's appeal of a ruling that blocks the state from denying driver's licenses to young immigrants who have avoided deportation under a change ordered by the president."

Update: The U.S. Court of Appeals for the Ninth Circuit has posted the federal government's amicus brief filed yesterday at this link.
Posted at 07:30 AM by Howard Bashman



"Lawsuit challenges law limiting use of abortion drugs in Oklahoma": This article appears in today's edition of The Oklahoman.

And today's edition of The Tulsa World contains an article headlined "Lawsuit challenges Oklahoma law putting restrictions on abortion drug RU486; The Oklahoma statute, which goes into effect Nov. 1, prohibits off-label use of an abortion drug."
Posted at 07:25 AM by Howard Bashman



"Ex-Marine lawyer gets top job overseeing Guantanamo war court": Carol Rosenberg of The Miami Herald has this report.
Posted at 07:16 AM by Howard Bashman


"This Court Erred: The Supreme Court has almost always sided with the wealthy, the privileged, and the powerful, a new book argues." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 07:14 AM by Howard Bashman


"10th Circuit sticks up for class actions in $1.1 bln Dow opinion": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 07:08 AM by Howard Bashman






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