How Appealing

Sunday, November 30, 2014

"Constitutional Convention Gathers Some Steam": Albert R. Hunt has this essay online today at Bloomberg View.
Posted at 09:57 PM by Howard Bashman


"Arguing Abortion": Adam Gopnik has this post online at The New Yorker.
Posted at 09:54 PM by Howard Bashman


"Online threats case to show if U.S. justices are down with rap": Lawrence Hurley of Reuters has this report.

The Guardian (UK) has an article headlined "When is a threat to kill a joke? Or art? Supreme court weighs online abuse; Should courts care what Anthony Elonis really meant when he said on Facebook that he wanted to make his wife a bloody corpse?"

Newsweek reports that "Supreme Court to Tackle Rap-Inspired Online Threats."

And online at The Atlantic, law professor Garrett Epps has an essay titled "When Does the First Amendment Protect Threats? Many people don't know where courts draw the line on what constitutes free speech -- or what they mean by a 'true threat.'"
Posted at 09:00 PM by Howard Bashman



"Is the Left Helping SCOTUS Destroy Obamacare? Dismissing the latest legal challenge as a debate over a typo could backfire." Sam Baker has this article online at National Journal.
Posted at 08:52 PM by Howard Bashman


"At the Supreme Court, conflicts of interest are just a day at the office": Gabe Roth will have this op-ed in Monday's edition of The Los Angeles Times.
Posted at 08:50 PM by Howard Bashman


"Why Supreme Court Cases Are Marathons: Average Age for a Hearing Is Nearly Six Years." 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.
Posted at 08:42 PM by Howard Bashman



"Case Seeking Job Protections for Pregnant Women Heads to Supreme Court": Adam Liptak will have this article in Monday's edition of The New York Times.

And Richard Wolf of USA Today has an article headlined "Pregnant worker's case to test justices' 'blind spot.'"
Posted at 08:36 PM by Howard Bashman



"Justices weigh limits of free speech over Internet": Sam Hananel of The Associated Press has this report.
Posted at 03:03 PM by Howard Bashman


Saturday, November 29, 2014

"Key questions in light of Supreme Court Justice Cote's appointment": In today's edition of The Toronto Globe and Mail, Sean Fine has an article that begins, "Eight years ago, Prime Minister Stephen Harper created the first U.S.-style parliamentary hearing in which legislators could ask questions of the newest judge on the Supreme Court of Canada. Today, those hearings appear to be a relic of the past. This week, Mr. Harper appointed Montreal lawyer Suzanne Cote, 56, to the court, but will not hold a hearing for her."
Posted at 11:47 PM by Howard Bashman


"At least $1.5M spent on Wheat-VanDyke Supreme Court race": The Billings (Mont.) Gazette has this report.
Posted at 11:44 PM by Howard Bashman


"Ex-UPS driver's pregnancy bias claim at high court": Mark Sherman of The Associated Press has this report.

And in today's edition of The New York Times, columnist Gail Collins has an op-ed titled "Doing Some Heavy Lifting."
Posted at 11:42 PM by Howard Bashman



"Supreme Court challenge to Obamacare tax credits casts cloud over program's future": In Sunday's edition of The Miami Herald, Marc Caputo will have an article that begins, "Nearly 900,000 Floridians could lose Obamacare tax subsidies under a new U.S. Supreme Court case, but state political leaders say they're making no plans to deal with the potential fallout."
Posted at 11:36 PM by Howard Bashman


"Why the Supreme Court should be the biggest issue of the 2016 campaign": Paul Waldman has this entry at the "Plum Line" blog of The Washington Post.
Posted at 11:33 PM by Howard Bashman


"Ex-Detroit Mayor Kwame Kilpatrick gets appeals date": The Detroit Free Press has this report.

And The Detroit News reports that "Court agrees to hear Kilpatrick, Ferguson appeals."
Posted at 11:30 PM by Howard Bashman



"Texas to execute man who lawyers say is delusional": The Associated Press has this report.
Posted at 11:27 PM by Howard Bashman


"Suit on Health Law Puts Focus on Funding Powers": Robert Pear will have this article in Sunday's edition of The New York Times.
Posted at 08:22 PM by Howard Bashman


"Argument preview: Social media as a crime scene." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 08:00 PM by Howard Bashman


Friday, November 28, 2014

"Obama Pushed 'Fullest Extent' of His Powers on Immigration Plan": Michael D. Shear and Julia Preston will have this article in Saturday's edition of The New York Times.
Posted at 09:48 PM by Howard Bashman


"America Tortured -- And We Need to Shed Some Light on It: Khalid Sheikh Mohammed's former lawyer speaks out." Jason D. Wright has this essay online at Politico Magazine.
Posted at 09:44 PM by Howard Bashman


"Hacker Lexicon: What Is the Computer Fraud and Abuse Act?" Kim Zetter has this post today at Wired.com's "Threat Level" blog.
Posted at 09:40 PM by Howard Bashman


"Ginsburg back at home, expected at court next week": Mark Sherman and Sam Hananel of The Associated Press have this report.
Posted at 08:52 AM by Howard Bashman


"Utah professor pushes for 'drone court' to approve U.S. strikes; University of Utah professor calls for a judicial review before the government targets a suspect": This front page article appears in today's edition of The Salt Lake Tribune.
Posted at 08:42 AM by Howard Bashman


"This judge is the reason we're still fighting over net neutrality: All roads seem to lead to David S. Tatel." Peter Weber of The Week has this report.
Posted at 08:33 AM by Howard Bashman


"The coming wave of anti-abortion laws: New GOP state legislatures will make access to abortion harder than ever." Paige Winfield Cunningham of Politico.com has this report today.
Posted at 08:27 AM by Howard Bashman


"New Supreme Court of Canada appointee Suzanne Cote has national profile, known for taking on big cases": Financial Post has this report.

Chris Hall of CBC News has a news analysis headlined "Suzanne Cote, Harper's Supreme Court pick, soothes a self-inflicted wound; PM clearly in fence-mending mode these days."

And in today's edition of The Toronto Globe and Mail, Irwin Cotler has an op-ed titled "The dismantling of Supreme Court reform."
Posted at 08:14 AM by Howard Bashman



"U.S. Supreme Court to hear Lehigh Valley Facebook threats case Monday": Peter Hall has this front page article in today's edition of The Morning Call of Allentown, Pennsylvania.

Online at Time magazine, Jack Linshi reports that "The Supreme Court Is About to Make a Big Decision About Facebook Free Speech."

And online at USA Today, Erik Nielson has an essay titled "Poetic (In)justice: The Supreme Court is finally getting schooled in hip-hop; Music is not a threat to safety."
Posted at 08:04 AM by Howard Bashman



"The Monitoring of Protests at the Supreme Court": Gabe Roth has this letter to the editor in today's edition of The New York Times.
Posted at 08:00 AM by Howard Bashman


"Judge on the Spot": Linda Greenhouse has this essay online at The New York Times.
Posted at 07:56 AM by Howard Bashman


Thursday, November 27, 2014

"Jerry Brown's judges, no experience necessary": Marshall Kilduff has this essay online at The San Francisco Chronicle.
Posted at 11:44 PM by Howard Bashman


"Harvard under fire: Does the university impose silent quotas against Asian-Americans?" The November 29, 2014 issue of The Economist magazine contains an article that begins, "In 1978 the Supreme Court, in the Bakke case, struck down racial quotas in higher education."
Posted at 11:42 PM by Howard Bashman


"Netflix, Facebook, Twitter Voice Support for Google in 'Innocence of Muslims' Case": Variety has this report.

You can access the amicus briefs filed in connection with the Ninth Circuit's upcoming rehearing en banc via this link.
Posted at 11:40 PM by Howard Bashman



"CV appeal granted in defamation case": The Citizen's Voice of Wilkes-Barre, Pennsylvania has this report.

And The Times Leader of Wilkes-Barre reports that "State Supreme Court to hear Citizen's Voice $3.5 million defamation case appeal."

You can access Tuesday's order granting allowance of appeal of the Supreme Court of Pennsylvania at this link.
Posted at 11:36 PM by Howard Bashman



"Should Tour Guides Be Licensed?" Newsweek has this report.
Posted at 11:27 PM by Howard Bashman


"Alleged Internet threats key in case before high court": Chris Mondics has this article in today's edition of The Philadelphia Inquirer.

And at The Verge, Sarah Jeong has an article headlined "The Supreme Court is about to tackle online threats for the first time; A case about violent Facebook posts could change how internet speech is prosecuted."
Posted at 11:18 PM by Howard Bashman



"Facebook Threats Go to High Court in Hip-Hop Free-Speech Case": David McLaughlin of Bloomberg News has this report.
Posted at 11:32 AM by Howard Bashman


"PM picks Quebec lawyer Suzanne Cote for Supreme Court seat": Sean Fine of The Toronto Globe and Mail has a news update that begins, "Prime Minister Stephen Harper named Suzanne Cote of Montreal to the Supreme Court of Canada today, raising the complement of women back to its high-water mark of four on the nine-member court."

The Ottawa Citizen has a news update headlined "Harper names Montreal lawyer to Supreme Court."

Reuters reports that "Quebec litigator to join Canada's top court."

The Canadian Press reports that "Quebec lawyer Suzanne Cote named to Supreme Court of Canada; Suzanne Cote is the first woman from private practice to be directly appointed to the Supreme Court."

CBC News reports that "Suzanne Cote, Quebec lawyer, named by Harper to Supreme Court; Justice Louis LeBel to retire Sunday, vacating seat for Harper's 7th appointment to top court."

Prime Minister of Canada Stephen Harper today issued a news release titled "PM announces the appointment of Ms. Suzanne Cote to the Supreme Court of Canada."

You can access the nominee's law firm biography at this link.
Posted at 11:30 AM by Howard Bashman



"Justice sent home after heart stent implanted": The Associated Press has this report.
Posted at 11:16 AM by Howard Bashman


Wednesday, November 26, 2014

"Texas appeals court judge calls for abolishing death penalty": Allan Turner of The Houston Chronicle has this report.

The Texas Tribune has an article headlined "Criminal Appeals Judge Price: I Oppose Death Penalty."

And Chris Geidner of BuzzFeed reports that "Republican Texas Criminal Appeals Judge Calls For End To Death Penalty."

You can access the dissenting statement issued today at this link.
Posted at 11:52 PM by Howard Bashman



"The Supreme Court's New EPA Case Has More to Do With Climate Change Than You Think": Rebecca Leber has this essay online at The New Republic.
Posted at 10:18 PM by Howard Bashman


"Judge puts Arizona 'revenge porn' law on hold": The Associated Press has this report.
Posted at 10:14 PM by Howard Bashman


"Obamacare Returns To SCOTUS: Will John Roberts Crush It This Time?" Sahil Kapur of TPM DC has this report.
Posted at 10:12 PM by Howard Bashman


"Kern chosen for South Dakota Supreme Court": Today's edition of The Rapid City Journal contains an article that begins, "For the first time in South Dakota's history, the state Supreme Court will have two women among the five justices, and one of the two will be a Rapid City resident, Circuit Judge Janine Kern."
Posted at 08:52 PM by Howard Bashman


"High court to hear S.F. appeal of ruling in police-shooting suit": Bob Egelko has this article in today's edition of The San Francisco Chronicle.
Posted at 08:45 PM by Howard Bashman


"'Notorious RBG' goes to the hospital; expect revived debate": Michael McGough has this essay online at The Los Angeles Times.
Posted at 08:40 PM by Howard Bashman


"The Disgrace of Our Criminal Justice": Law professor David Cole has this book review in the December 4, 2014 issue of The New York Review of Books.
Posted at 06:05 PM by Howard Bashman


"Supreme Court faces a new frontier: Threats on Facebook." Richard Wolf of USA Today has this report.
Posted at 03:15 PM by Howard Bashman


"U.S. court rejects Motorola Mobility price-fixing appeal": Jonathan Stempel of Reuters has an article that begins, "A federal appeals court on Wednesday rejected Motorola Mobility LLC's attempt to hold several Asian suppliers liable under U.S. antitrust law for fixing prices of mobile phone displays sold to its foreign units."

Circuit Judge Richard A. Posner wrote today's ruling of the U.S. Court of Appeals for the Seventh Circuit on behalf of a unanimous three-judge panel.

My earlier coverage of this case (including discussion of Judge Posner's original, later-vacated, ruling on the merits) can be accessed here and here.
Posted at 01:50 PM by Howard Bashman



"Ginsburg has surgery for coronary blockage": Sam Hananel of The Associated Press has a report that begins, "Supreme Court Justice Ruth Bader Ginsburg has had surgery to place a stent in her right coronary artery."

Greg Stohr of Bloomberg News reports that "Justice Ruth Bader Ginsburg Has Stent Implanted, Supreme Court Says."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court Justice Ginsburg recovering after heart procedure."

Adam Liptak of The New York Times has a news update headlined "Justice Ginsburg Undergoes Heart Procedure."

Robert Barnes of The Washington Post has a news update headlined "Justice Ginsburg has cardiac stent implanted, expected to be in hospital 2 days."

The Los Angeles Times has a news update headlined "Justice Ruth Bader Ginsburg recovering after heart procedure."

Jess Bravin of The Wall Street Journal has a news update headlined "Justice Ginsburg Undergoes Heart Procedure to Treat Coronary Blockage; Supreme Court Says Ginsburg 'Resting Comfortably' at Washington-Area Hospital." You can freely access the full text of the article via Google.

Richard Wolf of USA Today reports that "Justice Ginsburg has stent implanted in heart."

The Washington Times reports that "Ruth Bader Ginsburg hospitalized for heart surgery."

And at "SCOTUSblog," Lyle Denniston has a post titled "Ginsburg has heart surgery."

The news release that the U.S. Supreme Court's public information office issued today can be accessed here.
Posted at 10:42 AM by Howard Bashman



"The Maverick -- A Biographical Sketch of Judge Richard Posner: Part II, The Will to Greatness." Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 10:12 AM by Howard Bashman


Tuesday, November 25, 2014

The Ninth Circuit has posted numerous amicus briefs filed in connection with the rehearing en banc that will occur in Garcia v. Google, Inc. You can access the amicus briefs via this link.
Posted at 10:55 PM by Howard Bashman


"Supreme Court to Hear Challenge to Rules on Mercury From Power Plants": Adam Liptak and Coral Davenport will have this article in Wednesday's edition of The New York Times.

In Wednesday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court to hear challenge to EPA's power-plant emissions rule."

Richard Wolf and Maureen Groppe of USA Today report that "Supreme Court to review EPA mercury emission rules."

And in Wednesday's edition of The Wall Street Journal, Amy Harder and Brent Kendall will have an article headlined "Supreme Court to Review EPA Rule on Power Plant Emissions; Decision to Review Air Pollution Standards Represents a Setback for Obama Administration." You can freely access the full text of the article via Google.
Posted at 10:33 PM by Howard Bashman



In the December 2014 issue of ABA Journal magazine: Mark Walsh has an article headlined "Court to weigh whether employers must accommodate pregnant workers with the same limits as others."

Stephanie Francis Ward has an article headlined "Prosecutors are using rap music to convince jurors of gang ties."

Elizabeth Earl has an article headlined "Law profs develop Supreme Court predictor to better understand court decisions."

The issue includes both the "8th Annual Blawg 100" and the "2014 Blawg 100 Hall of Fame."

And this month's installment of Bryan A. Garner's "On Words" column is titled "How are your punctuation skills? Try this comparison exercise to find out."
Posted at 10:22 PM by Howard Bashman



"4th Circuit makes new law: Remands based on fraud can be undone." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report on an en banc ruling (containing a very interesting dissent) that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 04:37 PM by Howard Bashman


"SCOTUSblog on camera: Eric Schnapper (Part four)." At this link.
Posted at 04:26 PM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: At this link. The Court today granted review in two new cases.

In early coverage, The Associated Press reports that "High court to review EPA mercury limits" and "Court to weigh impact of disability law on police."

Greg Stohr of Bloomberg News reports that "EPA's Power Plant Mercury Rule Gets Review by U.S. Supreme Court."

Lawrence Hurley of Reuters reports that "Supreme court to weigh challenge to Obama mercury air pollution rule" and "U.S. justices to consider police conduct in arrest of disabled woman."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on disability rights, mercury pollution."
Posted at 02:25 PM by Howard Bashman



"Split Third Circuit panel concludes Allenye error can be harmless": Douglas A. Berman had this post at his "Sentencing Law and Policy" back on September 9, 2014 reporting on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued on that date.

Today, the Third Circuit issued an order granting rehearing en banc in the case.
Posted at 01:15 PM by Howard Bashman



"Do Online Death Threats Count as Free Speech?" Emily Bazelon will have this essay in this upcoming Sunday's edition of The New York Times Magazine.
Posted at 11:20 AM by Howard Bashman


"Atheist group loses lawsuit to ban Colorado Day of Prayer": The Washington Times has this report.

And The Associated Press reports that "Colorado Supreme Court upholds Day of Prayer proclamations, reversing appeals court ruling."

You can access yesterday's ruling of the Supreme Court of Colorado at this link.
Posted at 08:30 AM by Howard Bashman



"Recount confirms Beasley's win in NC Supreme Court race": This article appears in today's edition of The News & Observer of Raleigh, North Carolina.
Posted at 08:24 AM by Howard Bashman


"Kentucky Supreme Court Justice Will T. Scott says he may seek GOP nomination for governor": The Lexington Herald-Leader has this report.
Posted at 08:22 AM by Howard Bashman


"Devil's Advocates: Thanks to conservative Supreme Court rulings, the government must support the Church of the Flying Spaghetti Monster and the Satanic Temple." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 08:20 AM by Howard Bashman


Monday, November 24, 2014

"Is Harvard Unfair to Asian-Americans?" Yascha Mounk will have this op-ed in Tuesday's edition of The New York Times.
Posted at 11:58 PM by Howard Bashman


"David Lat's Supreme Ambitions": Ilya Somin has posted this book review online today at "The Volokh Conspiracy."
Posted at 10:56 PM by Howard Bashman


"Do we need the Supreme Court to sort out our 'Choose Life' dispute?" The News & Record of Greensboro, North Carolina today has a blog post that begins, "The legal dispute over North Carolina's 'Choose Life' specialty plate could be heard by the U.S. Supreme Court."
Posted at 10:54 PM by Howard Bashman


"Priests for Life Vow to Appeal Mandate Decision to U.S. Supreme Court; The government's 'opt-out' does not allow us to exercise our religious freedom": Fr. Frank Pavone has this essay online.
Posted at 10:50 PM by Howard Bashman


"HHS's Burwell: Obamacare challenge before Supreme Court won't succeed." Tom Howell Jr. of The Washington Times has this news update.
Posted at 10:34 PM by Howard Bashman


"The Supreme Court Justices All Went to the Same Ivy League Schools. So What?" Anthony Franze has this essay online today at The New Republic.
Posted at 10:32 PM by Howard Bashman


"Why Pacer should (and should not) be like Edgar": Brian Browdie has this report online today at Quartz.
Posted at 09:25 PM by Howard Bashman


"HLS Library Book Talk | Laurence Tribe: 'Uncertain Justice: The Roberts Court and the Constitution.'" Harvard Law School posted this video online today at YouTube.
Posted at 09:10 PM by Howard Bashman


"Obama Foes Need Laws or Impeachment in Immigration Fight": Bloomberg News has this report.
Posted at 06:05 PM by Howard Bashman


"Re: Hijinks in the Ninth Circuit Clerk's Office." Ed Whelan has this follow-up post today at the "Bench Memos" blog of National Review Online.
Posted at 06:02 PM by Howard Bashman


"Governor names top Obama administration lawyer to California Supreme Court": Howard Mintz of The San Jose Mercury News has an update that begins, "Defying convention again in his picks for the California Supreme Court, Gov. Jerry Brown has decided to name a top Obama administration lawyer to a vacancy that has been lingering since early this year."

Maura Dolan of The Los Angeles Times has a news update headlined "Brown to nominate African American woman to California Supreme Court."

The Sacramento Bee has a blog post titled "Jerry Brown names Obama administration lawyer to California Supreme Court."

Dan Levine of Reuters reports that "African-American prosecutor named to California Supreme Court."

Profiles of nominee Leondra Kruger appeared at both WSJ.com's "Law Blog" and "The BLT: The Blog of Legal Times" in August 2010 when she was named acting principal deputy solicitor general in the U.S. Department of Justice.

The official news release announcing the nomination that California's Governor's office issued today is titled "Governor Brown Selects Leondra R. Kruger for California Supreme Court."
Posted at 03:48 PM by Howard Bashman



"Justices of the PA & U.S. Supreme Courts: Losing Civility?" The episode of The American Law Journal television program that I taped several weeks ago will air on TV tonight and is now available online via YouTube at this link.

Among the guests interviewed in studio, in addition to me, were law professor Garrett Epps, journalist Gina Passarella, and attorney J. Freedley Hunsicker, Jr. Video featuring comments from additional noteworthy guests -- including Lynn Marks of Pennsylvanians for Modern Courts; law professor Kermit Roosevelt; and former U.S. District Judge Edward N. Cahn -- also appears during the broadcast.
Posted at 03:40 PM by Howard Bashman



"Ex-Steelers player eyes Pennsylvania high court": The Associated Press has this report.
Posted at 03:24 PM by Howard Bashman


Answer in opposition to Third Circuit rehearing petitions filed today: One of the tasks I perform least frequently as an appellate attorney is drafting and filing answers in opposition to rehearing petitions filed in federal appellate courts.

Today, however, I filed such an answer in opposition. It came in an appeal in which my client prevailed before a three-judge panel of the U.S. Court of Appeals for the Third Circuit on October 17, 2014 by a 2-to-1 vote.

You can access the panel's opinion at this link. You can access the two rehearing petitions the defendants filed here and here. You can access the order requesting a response, which issued two Thursdays ago when I was in Dallas, at this link. And you can access my client's answer in opposition, filed today, at this link.
Posted at 03:14 PM by Howard Bashman



"SCOTUSblog on camera: Eric Schnapper (Part three)." You can access the video online at this link.
Posted at 01:30 PM by Howard Bashman


"Women still have a long way to go in judiciary": Bob Egelko has this article in today's edition of The San Francisco Chronicle.
Posted at 01:28 PM by Howard Bashman


"Hacker threatens 'bombshell' after Ottawa city websites attacked": The Toronto Globe and Mail has a news update that begins, "A hacker who took down several official websites in Ottawa during the weekend, including those of the municipality, the local police and the Supreme Court of Canada, is threatening further actions Monday."
Posted at 01:24 PM by Howard Bashman


"New 10 Commandments monument being built after first monument smashed": The Associated Press has this report from Oklahoma City.
Posted at 01:22 PM by Howard Bashman


"Here Are All The Cases Of Sexual Harassment Thrown Out Because Of One Supreme Court Decision": Bryce Covert of ThinkProgress has this report today.
Posted at 01:15 PM by Howard Bashman


"In Justices' Calculations on Gay Marriage, a Legal Golden Ratio Looms": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:00 PM by Howard Bashman


"Dear Eleventh Circuit: Please don't 'football fire' Judge Mark Fuller, just fire him." Columnist Kyle Whitmire has this essay online at AL.com.
Posted at 10:48 AM by Howard Bashman


"The Maverick -- A Biographical Sketch of Judge Richard Posner: Part I." Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 10:45 AM by Howard Bashman


"The Great Paper Caper: Someone swiped Justice Frankfurter's papers; What else has gone missing?" Jill Lepore has this article in the December 1, 2014 issue of The New Yorker.
Posted at 08:10 AM by Howard Bashman


"In Social-Media Era, When Is Free Speech Illegal? Top Court to Decide Whether Threats on Facebook Break Law." 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.
Posted at 08:00 AM by Howard Bashman



"In Partisan Washington, Health Law Faces Grave Legal Technicalities": John Harwood has this article in today's edition of The New York Times.
Posted at 07:54 AM by Howard Bashman


Sunday, November 23, 2014

"Class Action Rulings Fuel Court's Reputation; That's one factor the NLJ's Supreme Court team sees driving perception that Supreme Court favors business": Amanda Bronstad will have this article in tomorrow's edition of The National Law Journal.

You can freely access the full text of the article via Google.
Posted at 09:55 PM by Howard Bashman



"Judicial elections getting more political with new campaign spending": This front page article appears in today's edition of The Los Angeles Times.
Posted at 09:46 PM by Howard Bashman


"Supreme Court case tests the limits of free speech on Facebook and other social media": Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 09:42 PM by Howard Bashman


"Campus Injustice: College disciplinary boards operating in secret impose slight penalties for violence as serious as rape and death." Today's edition of The Columbus (Ohio) Dispatch contains this lengthy front page article.
Posted at 01:20 PM by Howard Bashman


"As Gay Marriages Rise, Now Comes The Case For Same-Sex Divorce": This audio segment appeared on today's broadcast of NPR's "Weekend Edition Sunday."
Posted at 01:08 PM by Howard Bashman


"On Obamacare, the G.O.P. Lays a Trap for Itself": James Surowiecki had this post online last week at The New Yorker.
Posted at 01:03 PM by Howard Bashman


"Ottawa police, Supreme Court websites shut down after possible hack; Aerith, group that hacked City of Ottawa website Friday, claims responsibility": CBC News has this report.
Posted at 12:57 PM by Howard Bashman


"Four words that could deep-six Obamacare": Richard Wolf of USA Today has this report.
Posted at 12:55 PM by Howard Bashman


"'He'll Be Fabulous'; Judge Sid Thomas to become 9th Circuit's new chief judge": In today's edition of The Billings (Mont.) Gazette, Clair Johnson has a front page article that begins, "On Dec. 1, 9th U.S. Circuit Court of Appeals Judge Sidney R. Thomas of Billings will become the circuit's new chief judge."

In addition, Johnson today also has a related front page article headlined "Friends, colleagues praise Thomas as 'remarkable.'"
Posted at 09:50 AM by Howard Bashman



"Brooklyn federal judge lauded by Supreme Court Justice Sonia Sotomayor as he gains senior status; The Supreme Court justice hailed Brooklyn Federal Judge Nicholas Garaufis as a 'mensch' during a ceremony marking his elevation in status on the bench": The New York Daily News has this report.
Posted at 09:37 AM by Howard Bashman


"Amicus: Mental Illness and the Death Penalty; Dahlia Lithwick talks with Scott Panetti's lawyer and a law professor about issues raised by Panetti v. Quarterman." Slate posted this podcast online yesterday.
Posted at 09:30 AM by Howard Bashman


Saturday, November 22, 2014

"Obama's overreach? Look in the mirror, Congress." Law professor Josh Blackman has this op-ed in today's edition of The Los Angeles Times.
Posted at 10:48 PM by Howard Bashman


"Legal battle over Prince Charles' letters reaches supreme court; After nine years, Guardian fight to force publication of 'black spider memos' to government ministers may be nearing end": The Guardian (UK) has an article that begins, "A nine-year battle to force the publication of a set of secret letters written by Prince Charles reaches the highest court in the UK next week."
Posted at 01:07 PM by Howard Bashman


"Supreme Court Declines to Peek at 'Pole Tax'": The Texas Tribune has this report.
Posted at 01:03 PM by Howard Bashman


"Judge rules against N.J. sports betting, but state plans to appeal": NJ.com has this report.
Posted at 10:40 AM by Howard Bashman


"Aereo Investors Lose a $95.6 Million Bet on Future of Television; According to bankruptcy papers, Aereo has just $4.6 million in cash left": Eriq Gardner had this post yesterday at the "Hollywood, Esq." blog of The Hollywood Reporter.

And today's edition of The New York Times contains an article headlined "Aereo Concedes Defeat and Files for Bankruptcy."
Posted at 10:27 AM by Howard Bashman



"Kagan discusses the Constitution, the Supreme Court and her time at Princeton": Princeton University issued this news release yesterday.
Posted at 10:06 AM by Howard Bashman


Friday, November 21, 2014

"Iowa's high court referees teen girls' fight": The Associated Press has this report on a ruling that the Supreme Court of Iowa issued today.
Posted at 05:02 PM by Howard Bashman


"Virginia Supreme Court rejects Huguely appeal; Herring hope conviction 'gives some comfort' to Love's family, friends": The Cavalier Daily has this news update.

And The Associated Press reports that "Virginia high court rejects lacrosse-case appeal."
Posted at 04:57 PM by Howard Bashman



The Eleventh Circuit is halfway to a barbershop quartet: On September 16, 2014, The Orlando Sentinel published online an article headlined "Excessive force used in 2010 barbershop raid, appeal court says" reporting on the ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued the preceding day.

On Wednesday of this week, the Eleventh Circuit issued an order granting rehearing en banc in the case.
Posted at 01:55 PM by Howard Bashman



"Oklahoma Attorney General Scott Pruitt seeks Supreme Court review of case against health care law; AG Scott Pruitt wants the nation's high court to add his case to one already under review of the subsidies given to people who buy health insurance under the Affordable Care Act": Chris Casteel has this article in today's edition of The Oklahoman.
Posted at 01:23 PM by Howard Bashman


"A Rape on Campus: A Brutal Assault and Struggle for Justice at UVA; Jackie was just starting her freshman year at the University of Virginia when she was brutally assaulted by seven men at a frat party; When she tried to hold them accountable, a whole new kind of abuse began." Sabrina Rubin Erdely has this article in the December 4, 2014 issue of Rolling Stone magazine.
Posted at 01:20 PM by Howard Bashman


"Is the Criminal Justice System Defensible? A debate between Judge Harvie Wilkinson III and Stephen Bright." Andrew Cohen has posted this debate online today at The Marshall Project.
Posted at 12:23 PM by Howard Bashman


"SCOTUSblog on camera: Eric Schnapper (Part two)." After a day off yesterday in honor of New Jersey's having become the first state to ratify the Bill of Rights on November 20, 1789, "SCOTUSblog" has today posted part two of this interview at this link.
Posted at 11:16 AM by Howard Bashman


"House Republicans Sue Obama Administration Over Health Law": The New York Times has this news update.

USA Today reports that "House GOP sues White House over health care law."

The Associated Press reports that "House GOP sues administration over health care law."

Amanda Becker of Reuters reports that "House Republicans sue over Obama's healthcare law."

Bloomberg News reports that "House Republicans Sue Obama Over Health Law Implementation."

And at TPM DC, Sahil Kapur reports that "House GOP Finally Sues Obama On Obamacare."

You can view a copy of the as-filed complaint at this link.
Posted at 11:11 AM by Howard Bashman



"Coming Soon: Posner on Posner, a Crowd-Sourced Interview." Tony Mauro of The National Law Journal has this very interesting article today. You can freely access the full text of the article via Google.

The interview will appear at the "Concurring Opinions" blog, and I will do my best to link to its installments as they appear.

Here's an update from Ronald Collins, who will be posting the interview at "Concurring Opinions." In an email, Collins reports, "The series starts on Monday followed by a second post on Wednesday and then will resume after Thanksgiving. The first two pieces are my own biographical profiles of the Judge. The Q&A posts begin the following week." According to Collins, "there are 50 questions from 24 scholars and the remaining 100 or so are from me."
Posted at 10:52 AM by Howard Bashman



"Are federal trial judges who write bluntly in law reviews, blogs, etc., 'flashers' who expose too much of themselves?" Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 09:34 AM by Howard Bashman


"The Awakening of Thurgood Marshall: The case he didn't expect to lose; And why it mattered that he did." Gilbert King has this essay online at The Marshall Project.
Posted at 09:32 AM by Howard Bashman


Access online the redesigned "Above the Law" blog: At this link.
Posted at 08:32 AM by Howard Bashman


"YLS students give mixed reviews of clerkship process": This article appears in today's edition of The Yale Daily News.
Posted at 08:30 AM by Howard Bashman


"Supreme Court should rehear Abigail Fisher's case, put the issue to rest": Columnist Jazmyn Griffin has this essay in today's edition of The Daily Texan.
Posted at 08:17 AM by Howard Bashman


"Aereo Seeks Bankruptcy After Losing Supreme Court Fight": Michael Bathon and Alex Barinka of Bloomberg News have this report.

And Reuters reports that "TV streaming service Aereo files for bankruptcy."
Posted at 08:02 AM by Howard Bashman



Thursday, November 20, 2014

"More Judges Question Use Of Fake Drugs In Sting Cases": Erik Eckholm will have this article in Friday's edition of The New York Times.
Posted at 10:05 PM by Howard Bashman


"Judge Won't Let SiriusXM Immediately Appeal Turtles Ruling; The hot-button legal issue is the unlicensed broadcasting of pre-1972 sound recordings": Eriq Gardner has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 10:03 PM by Howard Bashman


"Justice Kagan '81 discusses legal analysis, Court's perception": The Daily Princetonian has this report.

And The Times of Trenton has a news update headlined "Justice Kagan talks equality, justice with Princeton president, denies Supreme Court corruption."
Posted at 09:32 PM by Howard Bashman



"5th Circuit refuses to reconsider Mississippi's abortion law": The Clarion-Ledger of Jackson, Mississippi has this news update.

And Reuters reports that "Appeals court order keeps Mississippi's sole abortion clinic open."
Posted at 04:52 PM by Howard Bashman



Access online the audio of yesterday's Third Circuit oral argument in Christian college's challenge to contraceptive mandate opt-out rules: You can access at this link (28.4 MB mp3 audio file) yesterday's oral argument in Geneva College v. Burwell.

My earlier coverage of yesterday's oral argument can be accessed here.
Posted at 04:44 PM by Howard Bashman



Supreme Court of Pennsylvania rules that the use of pre-arrest silence as substantive evidence of guilt violates a non-testifying defendant's rights under the Pennsylvania Constitution: Today's ruling of the Supreme Court of Pennsylvania consists of an opinion announcing the judgment of the court, a concurring opinion, and two dissenting opinions (here and here).
Posted at 04:23 PM by Howard Bashman


"Judge Easterbrook delivers inaugural Scalia lecture: Interpreting the Unwritten Constitution." Harvard Law Today has this report.

You can access on YouTube via this link the video of Seventh Circuit Judge Frank H. Easterbrook's remarks.
Posted at 02:44 PM by Howard Bashman



"PA: Court Declines to Adopt R3: Products Liability." Christopher J. Robinette has this post today at "TortsProf Blog."

Yesterday's ruling of the Supreme Court of Pennsylvania consisted of a majority opinion and a concurring and dissenting opinion.
Posted at 02:40 PM by Howard Bashman



"State Supreme Court upholds $500K damage cap for suits against schools, municipalities": Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this update.

And The Associated Press has a report headlined "Court: $500K limit proper for girl run over by Pennsbury bus."

Yesterday's ruling of the Supreme Court of Pennsylvania consisted of a majority opinion and a concurring opinion.
Posted at 02:20 PM by Howard Bashman



"US Supreme Court says 'no' to SC's request for more time on same-sex marriage decision": The State of Columbia, South Carolina has this news update.

And at "SCOTUSblog," Lyle Denniston has a post titled "Same-sex marriages can go ahead in South Carolina."

You can access at this link today's order of the U.S. Supreme Court denying a stay.
Posted at 11:30 AM by Howard Bashman



"Measuring the Fortress: Explaining Trends in Supreme Court and Circuit Court Dictionary Use." John Calhoun has this note in the November 2014 issue of The Yale Law Journal.
Posted at 10:44 AM by Howard Bashman


"Obamacare provision challenged in court; Catholic organizations oppose opt-out policy": Karen Langley has this article in today's edition of The Pittsburgh Post-Gazette.

The appeal was argued yesterday before a three-judge panel of the U.S. Court of Appeals for the Third Circuit consisting of Chief Judge Theodore A. McKee, Circuit Judge Marjorie O. Rendell, and Senior Circuit Judge Dolores K. Sloviter.

Once posted online, the oral argument audio can be accessed via this link.
Posted at 09:52 AM by Howard Bashman



"Chief Judge Kozinski Responds": Ed Whelan has this post today at National Review Online's "Bench Memos" blog.

As for what Ninth Circuit Chief Judge Alex Kozinski is responding to, the answer appears in this post from Tuesday.
Posted at 09:40 AM by Howard Bashman



"White House readies immigration legal defense; Court and historical precedents eyed as bolstering case for unilateral action": Josh Gerstein of Politico.com has this report.
Posted at 09:30 AM by Howard Bashman


"Alaska Loses Round in Gay Marriage Appeal": At her "Trial Insider" blog, Pamela A. MacLean has this post about the denial of an initial en banc hearing that the U.S. Court of Appeals for the Ninth Circuit noted online yesterday.
Posted at 09:24 AM by Howard Bashman


"Three Things Congress Should Do in 2015 About Judges": Steve Klepper has this post today at the "Maryland Appellate Blog."
Posted at 09:20 AM by Howard Bashman


"Judges question ATF stings that lure suspects into fictitious stickups": Victoria Kim of The Los Angeles Times has this report.
Posted at 07:40 AM by Howard Bashman


Wednesday, November 19, 2014

"Why Voter ID Laws Don't Swing Many Elections": Nate Cohen will have this essay in Thursday's edition of The New York Times.
Posted at 11:07 PM by Howard Bashman


"Meet Michael Cannon, the man who could bring down Obamacare": Sarah Kliff has this interview today at Vox.com.
Posted at 10:54 PM by Howard Bashman


"Is the Supreme Court Objective? Cases For and Against." The National Constitution Center has posted on YouTube at this link the video of yesterday's discussion between law professors Erwin Chemerinsky and Nicholas Quinn Rosenkranz.
Posted at 10:52 PM by Howard Bashman


"Missouri Attorney General Puts Limit on Contributions": Eric Lipton will have this article in Thursday's edition of The New York Times.
Posted at 10:48 PM by Howard Bashman


"Obama Is Not a Monarch: The president cannot act alone; the Constitution requires compromise." U.S. Senator Ted Cruz (R-TX) has this essay online at Politico Magazine.
Posted at 10:45 PM by Howard Bashman


"N.S.A. Phone Data Collection Could Go On, Even if a Law Expires": Charlie Savage will have this article in Thursday's edition of The New York Times.
Posted at 10:42 PM by Howard Bashman


"Was He Lying? Or Negotiating? Ex-Jefferies Trader Warns Court of Chilling Effect." Bloomberg News has this report.
Posted at 08:55 PM by Howard Bashman


"SCOTUSblog on camera: Eric Schnapper (Part one)." You can access the video at this link.
Posted at 08:10 PM by Howard Bashman


"After three decades, does Zauderer need updating?" Lyle Denniston had this post yesterday at "SCOTUSblog."
Posted at 08:09 PM by Howard Bashman


"Some thoughts on Johnson v. City of Shelby: Does it help make sense of Twombly & Iqbal?" Adam Steinman had this post Monday at the "Civil Procedure & Federal Courts Blog."

Update: On November 10th, Barry Barnett had a related post at his "Blawgletter" blog titled "Twombly's Remorse?"
Posted at 06:21 PM by Howard Bashman



"Women's Equality: Not a Radical Idea." Monday at the blog "Hamilton and Griffin on Rights," Leslie C. Griffin had a post that begins, "When President Obama first nominated Georgetown Law Professor Cornelia 'Nina' Pillard to the United States Court of Appeals for the District of Columbia Circuit, Republicans strenuously opposed her nomination."
Posted at 06:17 PM by Howard Bashman


"Chief Judge Alex Kozinski at NACDL; Chief Judge Alex Kozinski discussing fair evidence disclosure in criminal cases": C-SPAN has posted this video online today (via "Above the Law").
Posted at 05:42 PM by Howard Bashman


A blog post about blog posts: Readers, I feel your pain. For many of you, this blog has been loading more slowly. At times, refreshing this blog may tie up your browser with an unresponsive script; yes, I have experienced that too, maybe even more often than you have.

Here is the game plan: first, I have reduced the size of this blog's home page from 10 days of posts to five days of posts, thereby cutting in half the amount of text that must load when you hit refresh; second, if you receive an error message while trying to access this blog, please email it to me and I will have the tech people behind this blog's operation (yes, they exist!) seek to eliminate it; and third, sometime early in 2015 this blog will move to a new publishing platform that may result in faster access.

Of course, this blog's complete monthly archives can always be accessed via this link.
Posted at 05:06 PM by Howard Bashman



Dahlia Lithwick's on the radio: Yesterday's broadcast of The Majority Report with Sam Seder was titled "Dahlia Lithwick: What's Ruining the Supreme Court."

And the most recent installment of her Amicus podcast online at Slate was titled "Amicus: Jerusalem Born; Dahlia Lithwick talks with lawyer Alyza Lewin about Zivotofsky v. Kerry, which debates whether Congress or the President has ultimate authority over passports."
Posted at 03:12 PM by Howard Bashman



"Massive Failures of Justice: Why Texas is about to execute a profoundly mentally ill man." Boer Deng and Dahlia Lithwick have this jurisprudence essay online at Slate.
Posted at 03:08 PM by Howard Bashman


"The End of Immunity? Why Foreign Consular Employees Should be Worried." Online at Foreign Affairs, Rebecca M. Aragon and Jean M. Flannery have an article that begins, "In June of this year, the U.S. Supreme Court held that, despite the Foreign Sovereign Immunities Act (FSIA), investigators could conduct post-judgment discovery into the Republic of Argentina's assets outside the United States."
Posted at 03:00 PM by Howard Bashman


"Legal Panel At Federalist Society Begrudgingly Accepts Obama's Immigration Powers": Sam Stein of The Huffington Post has this report today.

And at ThinkProgress, Ian Millhiser has a post titled "The Roberts Court Has Already Said That Obama Has The Power To Issue His Immigration Order."
Posted at 02:56 PM by Howard Bashman



"Gallery: A look inside the 2014 Ames Moot Court Competition." Harvard Law Today has posted this photo gallery from yesterday's final round of the competition.
Posted at 02:54 PM by Howard Bashman


"Supreme Court eyed to halt Obama's immigration executive orders": The Washington Times has this report.
Posted at 01:34 PM by Howard Bashman


"Remembering Alice Lee: Alabama Supreme Court justice, former Circuit Court judge share thoughts on a 'dynamo.'" AL.com has this report.
Posted at 01:33 PM by Howard Bashman


"The Supreme Court Won't Be Getting Another Sotomayor Anytime Soon": Harry Enten has this post today at FiveThirtyEight.
Posted at 01:32 PM by Howard Bashman


"Ky. same-sex marriage may head to Supreme Court": The Courier-Journal of Louisville has this report.
Posted at 01:30 PM by Howard Bashman


"No ruling on motion to dismiss 'Under God' pledge lawsuit": NJ.com has this report.

And The Associated Press reports that "Judge reserves ruling on 'under God' pledge suit."
Posted at 01:17 PM by Howard Bashman



"When judges say too much": Alison Frankel's "On the Case" from Thomson Reuters News & Insight had this report yesterday.
Posted at 11:44 AM by Howard Bashman


"The Supreme Court: Selective empathy." Steven Mazie has this post today at the "Democracy in America" blog of The Economist.
Posted at 11:42 AM by Howard Bashman


"The Life and Death Stakes of Supreme Court Informal Practices": Michael Dorf had this post this past March at his blog, "Dorf on Law."

Update: I have corrected my reference to the date of this post.
Posted at 09:33 AM by Howard Bashman



"Which Justices Are in Play in the New Obamacare Case?" Law professor Michael C. Dorf has this essay online today at Justia.com's Verdict.

Update: Also today, Dorf has a related post at his blog titled "Issue Voting Versus Outcome Voting in King v. Burwell."
Posted at 07:35 AM by Howard Bashman



"Kane says porn e-mails contained images of children": In today's edition of The Philadelphia Inquirer, Angela Couloumbis and Craig R. McCoy have an article that begins, "Pennsylvania Attorney General Kathleen G. Kane made a new accusation Tuesday in the pornographic e-mail scandal, saying the sexually explicit messages exchanged by state officials and employees sometimes contained images involving children."

And The Associated Press has an article headlined "Pennsylvania attorney general: Porn email had kids."
Posted at 07:33 AM by Howard Bashman



"Judge to hear lawsuit over Pledge of Allegiance": The Associated Press has this report from New Jersey.
Posted at 07:30 AM by Howard Bashman


Tuesday, November 18, 2014

"Libertarians and Conservatives Battle Over the Supreme Court: Holmes, Brandeis and Frankfurter -- the most overrated justices in our history -- had not the foggiest notions of the Constitution." In today's edition of The Wall Street Journal, law professor Michael Greve had this review of Damon Root's new book, "Overruled: The Long War for Control of the U.S. Supreme Court."

You can freely access the full text of the book review via Google.
Posted at 11:58 PM by Howard Bashman



"The NFL Concussion Settlement: Class Action Exploitation." Law professor Howard Erichson has this post today at the "Mass Tort Litigation Blog."
Posted at 11:57 PM by Howard Bashman


"Prosecutor asks Pa. high court to reinstate Lynn conviction": The Philadelphia Inquirer has this news update.

And The Associated Press reports that "Pennsylvania court weighs priest abuse case."
Posted at 10:35 PM by Howard Bashman



"Lawyer who defended ex-Judge Thomas Porteous hired for Obama lawsuit, WSJ reports": Andy Grimm of The Times-Picayune of New Orleans has this report.
Posted at 10:32 PM by Howard Bashman


"Court bars state from curbing sex offenders' Internet privacy": Bob Egelko of The San Francisco Chronicle has this news update.

Maura Dolan of The Los Angeles Times has a news update headlined "9th Circuit says sex offender Internet rules violate free speech."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Sex Offender Free Speech Ruling Upheld."

My earlier coverage of today's Ninth Circuit ruling appears at this link.
Posted at 10:28 PM by Howard Bashman



"Srinivasan Tells Del. Audience of U.S. Supreme Court Experiences": Jeff Mordock will have this article in tomorrow's edition of Delaware Law Weekly.

You can freely access the full text of the article via Google.
Posted at 09:52 PM by Howard Bashman



"Gilbert religious sign fight headed for Supreme Court": Howard Fischer of The Arizona Capitol Times has this report today.
Posted at 09:37 PM by Howard Bashman


"Inverted equal protection: same-sex marriage at the Sixth Circuit (Part II, rational-basis review)." Dale Carpenter has this post today at "The Volokh Conspiracy."
Posted at 09:34 PM by Howard Bashman


"There Is No 'Glitch' in Obamacare: Liberals need to stop recycling a dangerous piece of conservative spin." Simon Lazarus has this essay online today at The New Republic.
Posted at 09:02 PM by Howard Bashman


"Fast-tracked bill would shield execution drug": The Associated Press has this report from Ohio.
Posted at 05:03 PM by Howard Bashman


Tony Mauro of The National Law Journal is reporting: He has an article headlined "Fresh Look At Cameras In High Court; Grassley urged to renew push for transparency" (free access via Google) and a Supreme Court Brief titled "Sotomayor Sees Return to Trial Courts After Retirement" (free access via Google).
Posted at 04:15 PM by Howard Bashman


"High-stakes suit pits ranchers against water-sampling greens": Jeremy P. Jacobs of Greenwire has this report.
Posted at 04:11 PM by Howard Bashman


"Turley Agrees to Serve as Lead Counsel for House of Representatives in Constitutional Challenge": Law professor Jonathan Turley has this post today at his blog.

In news coverage, Politico.com reports that "GOP hires legal scholar to oversee Obama lawsuit."

The Hill reports that "Boehner hires new lawyer for Obama suit."

WSJ.com's "Washington Wire" has a post titled "House Republicans Hire Jonathan Turley to Pursue Obama Lawsuit."

And Vox.com reports that "Boehner finally found a lawyer to sue Obama."
Posted at 01:26 PM by Howard Bashman



"California Can't Enforce Rules Tracking Sex Offenders Online": Karen Gullo of Bloomberg News has this report on the ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:20 PM by Howard Bashman


"U.S. court to rehear Africa 'conflict minerals' disclosure rule": Lawrence Hurley of Reuters has this report on an order granting panel rehearing that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:17 PM by Howard Bashman


"Hijinks in the Ninth Circuit Clerk's Office?" Ed Whelan has this post today at National Review Online's "Bench Memos" blog.

If anyone connected with the Ninth Circuit wishes to offer any response, I will be glad to post it here in full.
Posted at 01:05 PM by Howard Bashman



"Appeal pending for Missouri man awaiting execution": The Associated Press has this report.
Posted at 11:48 AM by Howard Bashman


"Whether New Orleans's tour-guide licensing requirements violate the First Amendment." So asks a petition for writ of certiorari that the Institute for Justice filed today in the U.S. Supreme Court.

A related news release that the organization issued today can be accessed here.

Update: In early news coverage, The Associated Press reports that "High court asked to rule on tour-guide licensing."
Posted at 11:20 AM by Howard Bashman



"Sunnyvale gun law up in the air in federal appeals court": Howard Mintz of The San Jose Mercury News has this report.

And Courthouse News Service reports that "9th Circuit Hears Arguments on Ammo Law." (This article's identification of the judges on the oral argument panel seems a little creative, to say the least.)

You can access via this link the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 10:55 AM by Howard Bashman



"High court allows delta water contracts to be challenged": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 10:50 AM by Howard Bashman


"Nurses take Michigan gay marriage case to high court": This article appears in today's edition of The Detroit Free Press.

Today's edition of The Detroit News contains an article headlined "Michigan couple take gay marriage plea to high court."

And at "SCOTUSblog," Lyle Denniston has a post titled "Same-sex marriage: A simple appeal."
Posted at 10:40 AM by Howard Bashman



"Key abortion lawsuit judge recuses himself": On Saturday, The Cincinnati Enquirer posted this article online.
Posted at 10:30 AM by Howard Bashman


"Certiorari Practices When Lower Federal Courts Hold State Laws Unconstitutional": Michael Dorf had this post yesterday at his "Dorf on Law" blog.
Posted at 10:27 AM by Howard Bashman


"There is no such thing as objective judging": Law professor Erwin Chemerinsky has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:25 AM by Howard Bashman


"Stephen Breyer and Elena Kagan on Being Jewish Justices": Religion & Ethics NewsWeekly has posted this video online at YouTube.
Posted at 10:20 AM by Howard Bashman


"Copyright for APIs is going to be a disaster and only the Supreme Court can stop it": Timothy B. Lee has this post today at Vox.com.
Posted at 10:16 AM by Howard Bashman


"Judge Pamela Harris and the Fourth Circuit's Collaborative Culture": Derek Stikeleather has this post today at the "Maryland Appellate Blog."
Posted at 10:15 AM by Howard Bashman


"Appeals court blocks LePage's MaineCare cuts for young people; The ruling preserves health coverage for about 6,000 of Maine's 19- and 20-year-olds, which costs the state roughly $4 million a year": Today's edition of The Portland Press Herald contains this report.

The Bangor Daily News reports that "Federal appeals court rejects LePage administration attempt to trim Medicaid rolls."

And Reuters reports that "U.S. court rejects Maine's effort to trim Medicaid rolls."

You can access yesterday's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 08:27 AM by Howard Bashman



"Suit Alleges Race-Based Discrimination in Harvard Admissions Practices": This article appears in today's edition of The Harvard Crimson.
Posted at 08:20 AM by Howard Bashman


"Samuel Alito v. The Press": Ed O'Keefe of CNN.com has this interesting report.
Posted at 07:51 AM by Howard Bashman


Monday, November 17, 2014

"Guantanamo prosecutors: Prison needs female guards touching, moving ex-CIA captives." Carol Rosenberg of The Miami Herald has this report today.
Posted at 11:16 PM by Howard Bashman


"Is Texas Getting Ready to Kill An Innocent Man?" Jordan Smith has this article online today at The Intercept.
Posted at 11:11 PM by Howard Bashman


"'Grubergate' Is Giving the Supreme Court Cover to Destroy Obamacare": Brian Beutler has this essay online today at The New Republic.
Posted at 11:08 PM by Howard Bashman


"Justice Scalia sings 'Pour Some Souter on Me'": Harvard Parody has posted this video online at YouTube.
Posted at 10:16 PM by Howard Bashman


"Abortion Clinic Protesters: 'Sidewalk Counselors' or 'Sidewalk Terrorists'? Demonstrators outside Planned Parenthood aren't just protesting abortion; What really worries them is that women would prioritize anything over motherhood." Jill Filipovic has this report online today at Cosmopolitan magazine.
Posted at 10:12 PM by Howard Bashman


"Gawker's Hulk Hogan Sex Tape Story Is Turning Out to Be a Very Expensive One; The first year of the ongoing legal battle cost $600,000, and now the gossip site fights with its insurer over what's an 'injury' and what's an 'accident'": Eriq Gardner has this post Friday at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 09:56 PM by Howard Bashman


"AP Impact: 'Vaccine court' keeps claimants waiting." The Associated Press has this report.
Posted at 02:43 PM by Howard Bashman


"By Using Executive Order on Immigration, Obama Would Reverse Long-Held Stance": In Tuesday's edition of The New York Times, Michael D. Shear will have an article that begins, "President Obama is poised to ignore stark warnings that executive action on immigration would amount to 'violating our laws' and would be 'very difficult to defend legally.' Those warnings came not from Republican lawmakers but from Mr. Obama himself."
Posted at 02:38 PM by Howard Bashman


"Magna Carta's Legal Legacy: Conversation with Chief Justice Roberts & Lord Judge." You can view the video via this link.
Posted at 02:33 PM by Howard Bashman


"Why The Best Supreme Court Predictor In The World Is Some Random Guy In Queens": Oliver Roeder has this post online today at FiveThirtyEight Politics.
Posted at 02:30 PM by Howard Bashman


"Eric Holder on His Legacy, His Regrets, and His Feelings About the Death Penalty: An interview with the outgoing attorney general." Bill Keller and Tim Golden have this interview online today at The Marshall Project.
Posted at 01:16 PM by Howard Bashman


"Scalia Says It's Not Judges' Job To Police 'Garbage' Laws": Jess Davis of Law360.com has this report (subscription required for full access).
Posted at 11:24 AM by Howard Bashman


"Direct new challenges to Bakke ruling": Lyle Denniston has this post today at "SCOTUSblog."

Update: In other coverage, The Associated Press reports that "Harvard and UNC sued over their admission policies."

And The News & Observer of Raleigh, North Carolina reports that "Group files suit challenging UNC on use of race in admissions."
Posted at 11:20 AM by Howard Bashman



"An Almost-Convincing Case Against Marriage Equality": Law professor Cass R. Sunstein has this essay online today at Bloomberg View.

And The Associated Press reports that "Gay marriage issue squarely before high court."
Posted at 11:11 AM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: At this link. The Court granted review in two related cases that will receive a combined total of one hour of oral argument.

In addition, the Court issued a per curiam summary reversal of the U.S. Court of Appeals for the Ninth Circuit in Glebe v. Frost, No. 14-95.

In early coverage, The Associated Press reports that "Court to consider when second mortgage can be void" and "Court denies plastics exec's appeal of SEC fines."

Lawrence Hurley of Reuters reports that "U.S. top court to hear Bank of America cases on second mortgages" and "U.S. Supreme Court declines Dean Foods antitrust appeal."

Greg Stohr of Bloomberg News reports that "Bank of America Gets U.S. Supreme Court Review on Mortgages."

And at "SCOTUSblog," Lyle Denniston has a post titled "Dealing with 'underwater' mortgages."
Posted at 09:34 AM by Howard Bashman



"The courts set a new record for invalidating software patents in 2014": Timothy B. Lee has this post at Vox.com.
Posted at 08:52 AM by Howard Bashman


"US justices could toss legislative maps in AZ": Howard Fischer has this article in today's edition of The Arizona Daily Star.
Posted at 08:30 AM by Howard Bashman


"More Brains": Jeffrey Toobin has this "The Bench" essay in the November 24, 2014 issue of The New Yorker.
Posted at 08:24 AM by Howard Bashman


Sunday, November 16, 2014

"'20th hijacker' seeks role in civil terror cases": The Associated Press has this report.
Posted at 11:48 PM by Howard Bashman


"Clinic petitions N.D. Supreme Court for rehearing on medication abortion law": The Forum of Fargo-Moorhead, North Dakota recently had this report.

My earlier coverage can be accessed here.
Posted at 11:44 PM by Howard Bashman



"Marshall Project Kicks Off With Look at Legal Delays": This article will appear in Monday's edition of The New York Times.

The Marshall Project posted online today the second part of its kick-off series, headlined "Death by Deadline, Part Two: When lawyers stumble, only their clients fall."
Posted at 11:40 PM by Howard Bashman



"Gov. Jerry Brown lets state Supreme Court vacancy linger": Bob Egelko of The San Francisco Chronicle has a news update that begins, "The California Supreme Court, which is supposed to have seven justices, has had only six for more than seven months, an interval that may be unprecedented and is at least the longest in a half century. The reason is inaction by Gov. Jerry Brown."
Posted at 11:22 PM by Howard Bashman


"Priests for Life group to defy court's birth control ruling; Objects to Obamacare access mandate": Tom Howell Jr. of The Washington Times has a report that begins, "A Catholic priest's group says it will defy an appeals court's order that it comply with Obamacare's mandate to provide birth control coverage for its employees, rejecting the judges' Friday ruling."
Posted at 11:18 PM by Howard Bashman


Thank you #AJEI14 for a wonderful conference: It was a pleasure visiting Dallas and spending time with so many experienced appellate attorneys and appellate judges who are fans of this blog!

Additional posts will appear here either tonight or tomorrow morning. Between now and then, I am traveling back to Philadelphia.
Posted at 01:30 PM by Howard Bashman



"Florida begins appeal of decision allowing same-sex marriage": The Miami Herald has this report.

You can access the brief for appellants, filed Friday at the U.S. Court of Appeals for the Eleventh Circuit, at this link.
Posted at 01:26 PM by Howard Bashman



"The 'religious inclinations' concurrence: an explanation from Judge Bauer himself." Will Baude has this post at "The Volokh Conspiracy."
Posted at 01:24 PM by Howard Bashman


The Marshall Project's web site has launched: You can access it at this link.

Two interesting new articles are titled "Death by Deadline, Part One: How bad lawyering and an unforgiving law cost condemned men their last appeal" and "Dying in Attica: An aging bank robber faces the end."
Posted at 01:22 PM by Howard Bashman



In posts of interest from Senior U.S. District Judge Richard G. Kopf at his "Hercules and the Umpire" blog: Yesterday he had a post titled "On the creation of Circuit splits."

And today, he has a very interesting post titled "I am going to kill you!"
Posted at 01:20 PM by Howard Bashman



"Examining Crawford after a decade": Douglas A. Berman had this post yesterday at his "Sentencing Law and Policy: blog.
Posted at 01:17 PM by Howard Bashman


"In Alabama, Still Segregating Voters by Race": Kenneth Jost has this post today at his blog, "Jost on Justice."
Posted at 01:16 PM by Howard Bashman


"More Federal Agencies Are Using Undercover Operations": Today's edition of The New York Times contains a front page article whose second paragraph reports that "At the Supreme Court, small teams of undercover officers dress as students at large demonstrations outside the courthouse and join the protests to look for suspicious activity, according to officials familiar with the practice."
Posted at 01:14 PM by Howard Bashman


"Loretta Lynch: From Durham to Washington, a quiet, effective career." This front page article appears in today's edition of The News & Observer of Raleigh, North Carolina.
Posted at 01:12 PM by Howard Bashman


"His mouth where his money is: Larry Lessig's righteous crusade." James Warren has this essay in today's edition of The New York Daily News.
Posted at 01:10 PM by Howard Bashman


"Supreme Court sessions to be broadcast live; Justice Minister Livni, Chief Justice Grunis approve implementation of broadcasting, recording Supreme Court sessions starting Tuesday": ynet news.com has this report from Israel.
Posted at 01:06 PM by Howard Bashman


"State wasting no time in starting new appellate court": This article appears in today's edition of The Las Vegas Review-Journal.
Posted at 08:25 AM by Howard Bashman


Saturday, November 15, 2014

"Legal views of same-sex marriage, like public opinion, have evolved": Mark Morris will have this article in Sunday's edition of The Kansas City Star.
Posted at 07:18 PM by Howard Bashman


"'Fifth Circuit Reverses Lower Court and Restores Mississippi Disclosure Requirements'": Rick Hasen has this post at his "Election Law Blog" about a ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 08:44 AM by Howard Bashman


"Over lengthy dissents, en banc Eleventh Circuit shuts 2255 door to claims based on advisory guideline misapplication": At his "Sentencing Law and Policy" blog, Douglas A. Berman has this post about a 5-to-4 en banc ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.
Posted at 08:39 AM by Howard Bashman


Friday, November 14, 2014

"Judge Kara Farnandez Stoll": On Wednesday at "Patently-O," Dennis Crouch had a post that begins, "The White House has announced the nomination of Kara Farnandez Stoll to fill the empty seat on the Federal Circuit Bench left by Judge Rader's retirement in June 2014."

The official White House announcement concerning the nominee can be accessed here.
Posted at 11:54 PM by Howard Bashman



"Appeals court declines to reinstate suits challenging West Virginia, Maryland strip searches": The Associated Press has this report on two rulings (here and here) that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 11:50 PM by Howard Bashman


"Author Michael Lewis prevails in 'Big Short' libel appeal": Jonathan Stempel of Reuters has this 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 11:42 PM by Howard Bashman


"Split court backs police's powers to share wiretaps with foreign nations": 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 11:33 PM by Howard Bashman



"Jailed American in Cuba loses appeal in case vs. U.S. government": Reuters has this report.

And The Associated Press reports that "Appeals court rules against imprisoned American."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 11:30 PM by Howard Bashman



"Video-Streaming Patent Falls in Win for Google, Banks": Susan Decker of Bloomberg News has this report.

Reuters reports that "Tech firms win as U.S. appeals court reverses itself, cancels patent."

And at "Patently-O," Dennis Crouch has a post titled "Federal Circuit: Novelty in Implementation of an Abstract Idea Insufficient to Overcome Alice."

You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 11:23 PM by Howard Bashman



"Pfander on Bruhl on the Supreme Court and Lower-Court Precedent": Adam Steinman has this post today at the "Civil Procedure & Federal Courts Blog."
Posted at 07:58 PM by Howard Bashman


"Judge, gay-marriage foe clash over rulings": The Louisville Courier-Journal has this report.

And today at the "Constitution Daily" blog of the National Constitution Center, Doug Kendall and Brianne Gorod have a post titled "Judge Sutton's Loving Problem."
Posted at 07:52 PM by Howard Bashman



"SCOTUS Per Curiam Procedure Decisions Raise (At Least) As Many Questions As They Settle": Michael Dorf has this post today at "Dorf on Law."
Posted at 07:40 PM by Howard Bashman


"Supreme Court Justices Are Not Really Judges: They don't take the law seriously enough." Law professor Eric Segall has this jurisprudence essay online today at Slate.
Posted at 07:36 PM by Howard Bashman


"Same-sex couples file Supreme Court appeal": Mark Sherman of The Associated Press has this report.

Lawrence Hurley of Reuters reports that "Gay marriage supporters ask U.S. Supreme Court to take new cases."

Adam Liptak of The New York Times has a news update headlined "Same-Sex Couples Petition Supreme Court on Right to Marriage."

And at "SCOTUSblog," Lyle Denniston has a post titled "First challenge to Sixth Circuit on same-sex marriage."
Posted at 07:34 PM by Howard Bashman



"Inverted equal protection: same-sex marriage at the Sixth Circuit (Part I, originalism)." Dale Carpenter has this post today at "The Volokh Conspiracy."
Posted at 07:23 PM by Howard Bashman


"Appeals court rejects religious challenge to Obamacare": Warren Richey of The Christian Science Monitor has this report.

My earlier coverage of today's D.C. Circuit ruling appears at this link.
Posted at 07:00 PM by Howard Bashman



Videos of interest from the Federalist Society's 2014 National Lawyers Convention: Via YouTube, you can access videos posted online today titled "Religious Liberty after Hobby Lobby"; "Diversity Jurisdiction from Strawbridge to CAFA"; and "Time to Revisit Chevron Deference?"
Posted at 06:55 PM by Howard Bashman


"U.S. wants another health care case put on hold": Lyle Denniston has this post at "SCOTUSblog."
Posted at 06:44 PM by Howard Bashman


"Supreme Court Justice Pfeifer, who has lesbian daughter, says 'world view has changed'; Justice says same-sex marriage language does not belong in Ohio Constitution": This front page article appears in today's edition of The Columbus Dispatch.

And The Associated Press reports that "Justice says gay daughter prompted ban reflection."
Posted at 06:40 PM by Howard Bashman



"U.S. court rejects religious objection to Obamacare contraception deal": Lawrence Hurley of Reuters has this report.

Pete Yost of The Associated Press reports that "Challenge to Obamacare on contraceptives rejected."

Andrew Zajac of Bloomberg News reports that "Obamacare Contraceptive Rules Challenge Tossed by Court."

And at "SCOTUSblog," Lyle Denniston has a post titled "Appeals court upholds birth control mandate."

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



Thursday, November 13, 2014

"Yale, Harvard, Yale, Harvard, Yale, Harvard, Harvard, Harvard, Columbia: The thing that scares me most about the Supreme Court." Dahlia Lithwick has this essay online at The New Republic.
Posted at 11:50 PM by Howard Bashman


"Ruling that voids Arizona's 'no bail' law stands": Howard Fischer of The Arizona Daily Star has this news update.

The Associated Press reports that "Court won't overturn ruling on Arizona no-bail law."

And at "SCOTUSblog," Lyle Denniston has a post titled "Arizona ban on bail for immigrants falls."

You can access at this link today's order of the U.S. Supreme Court denying a stay, and a statement respecting the denial of a stay that Justice Clarence Thomas issued, in which Justice Antonin Scalia joined.
Posted at 08:12 PM by Howard Bashman



"Thomas hints at court split on gay marriage review": Mark Sherman of The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Did two Justices vote to hear same-sex marriage cases?"
Posted at 08:02 PM by Howard Bashman



"Will the Supreme Court Mandate Gay Marriage?" Richard Socarides has this post online today at The New Yorker.
Posted at 07:58 PM by Howard Bashman


"Naperville man convicted in stash house scheme gets new trial": The Chicago Tribune has a news update that begins, "A federal appeals court on Thursday ordered a new trial for a Naperville man who alleged he was goaded into a scheme to rob a phony drug stash house by overzealous federal agents."

You can access today's en banc ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 07:33 PM by Howard Bashman



"Getting Too Close to Court Tarnishes Top Advocate": Scott Graham of The Recorder had this article last week. You can freely access the full text of the order via Google.

This blog's related earlier coverage can be accessed here.
Posted at 01:40 PM by Howard Bashman



Seventh Circuit panel holds that Freedom from Religion Foundation lacks standing to challenge the constitutionality of the parsonage exemption contained in the Internal Revenue Code: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 01:26 PM by Howard Bashman


"2014 National Lawyers Convention Opening with Justice Scalia": The Federalist Society has posted on YouTube at this link the video of Justice Antonin Scalia's remarks this morning.
Posted at 01:02 PM by Howard Bashman


"Iowa's Grassley is first non-lawyer to head Senate Judiciary Committee": Timothy M. Phelps has this article in today's edition of The Los Angeles Times.
Posted at 11:06 AM by Howard Bashman


"Why the 6th Circuit was wrong on marriage equality": Law professor Erwin Chemerinsky has this op-ed in today's edition of The Orange County Register.

And at National Review Online, Hadley Arkes has an essay titled "Judge Sutton Buys Time; In the aftermath of the DeBoer decision, Congress must take the next steps," while at the "Bench Memos" blog, Matthew J. Franck has a post titled "Judge Daughtrey's Tantrum."
Posted at 11:02 AM by Howard Bashman



"A Tinderbox of a Case": Victoria Kwan has this post online at The Brooklyn Quarterly.

Kwan is also one of two people behind the "SCOTUS Map" Twitter feed, which is a must-follow for those who wish to keep up with the busy public appearance schedules of U.S. Supreme Court Justices.

And because I'm in Dallas through the end of this weekend attending the AJEI Summit (at which Justice Antonin Scalia will be speaking), let me remind readers that frequently while I'm on the road appellate-related news will appear first on this blog's Twitter feed before I get the chance to post it here.
Posted at 10:30 AM by Howard Bashman



"Blindfolds Off: Judges on How They Decide (In an Era of Discontent)." Yesterday, the National Constitution Center posted on YouTube the video of this recent panel discussion (via "Constitution Daily").
Posted at 10:24 AM by Howard Bashman


"Judge in abortion case sat on Planned Parenthood board": Today's edition of The Cincinnati Enquirer contains an article that begins, "The federal judge assigned to handle Planned Parenthood's challenge to an Ohio law threatening the closure of Cincinnati's last abortion clinic served on the board of the family planning organization."
Posted at 10:20 AM by Howard Bashman


"Constitution Check: Does the new Obamacare challenge have anything to do with the Constitution?" Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.

And online at The New Republic, Yishai Schwartz has an essay titled "The Real Villains of the Obamacare Cases Aren't the Judges -- They're the Lawyers."
Posted at 10:18 AM by Howard Bashman



Access online the November 2014 issue of the Harvard Law Review: The issue focuses on last Term's decisions from the U.S. Supreme Court, and you can access the contents via this link.

The issue also includes "Essays in Honor of Justice Stephen G. Breyer," commemorating his 20 years of service on the Court.
Posted at 10:04 AM by Howard Bashman



"Obamacare, back on trial: 'Bumpy ride' ahead if Supreme Court upends tax subsidies, professor says." The Harvard Gazette has this report, featuring an interview with law professor Einer Elhauge.
Posted at 09:57 AM by Howard Bashman


"University of Texas Race Plan Appears Headed Back to U.S. Supreme Court": Mark Walsh has this post today at the "School Law" blog of Education Week.
Posted at 09:54 AM by Howard Bashman


"Supreme Court hears arguments in Md. tax case": The Baltimore Sun has this report.

The Washington Post has an article headlined "Md. to high court: State has a right to tax all out-of-state income to support local services."

In today's edition of The Wall Street Journal, Brent Kendall has an article headlined "Supreme Court Hears Arguments on States' Income-Tax Rights; Debate Centers on Whether a State Can Tax Earnings Already Taxed by Another State."

Richard Wolf of USA Today reports that "Supreme Court justices protest states' double taxation."

Sam Hananel of The Associated Press reports that "Supreme Court weighs state tax authority."

Governing.com reports that "U.S. Supreme Court Questions Out-of-State Income Taxes; The justices heard arguments Wednesday in a case that could cause localities across the country to lose millions in annual tax revenue."

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Supreme Court's Chance to Cut Taxes."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Comptroller of Treasury of Md. v. Wynne, No. 13-485.
Posted at 08:12 AM by Howard Bashman



"Justices Hear Challenge to Alabama Redistricting": 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 "Alabama minority redistricting case seems to divide Supreme Court."

David G. Savage of The Los Angeles Times reports that "Supreme Court skeptical over racial gerrymandering claim from Alabama."

In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Supreme Court Considers Voting-Rights Case; At Issue Is Whether Creation of Predominantly Black Districts Limits Ability of White Democrats to Compete." You can freely access the full text of the article via Google.

Warren Richey of The Christian Science Monitor reports that "Supreme Court weighs role of race in Alabama voter redistricting case."

The Guardian (UK) reports that "Alabama Republicans get sympathetic hearing in gerrymandering case."

Mary Troyan of The Montgomery Advertiser reports that "Justices challenge Ala. Democrats in redistricting case."

AL.com reports that "Plaintiffs in race-based challenge of Alabama's redistricting face tough questions from justices."

Mark Sherman of The Associated Press reports that "Court weighs role of race in Alabama redistricting."

Greg Stohr of Bloomberg News reports that "Voting Clash Puts High Court Justices in Reversed Roles."

Lawrence Hurley of Reuters reports that "U.S. justices weigh racially charged Alabama redistricting plan."

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "At The Supreme Court, Tracing A Fine Line Between Politics And Race."

Yesterday evening's broadcast of The PBS NewsHour contained a segment titled "Supreme Court considers line between racial and partisan gerrymandering."

And at "SCOTUSblog," Richard Hasen has a post titled "Argument analysis: Hitting the 'sweet spot' on race, party, and redistricting?"

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Alabama Legislative Black Caucus v. Alabama, No. 13-895.
Posted at 07:44 AM by Howard Bashman



"Law in the Raw": Online at The New York Times, Linda Greenhouse has an essay that begins, "Nearly a week has gone by since the Supreme Court's unexpected decision to enlist in the latest effort to destroy the Affordable Care Act, and the shock remains unabated."
Posted at 07:40 AM by Howard Bashman


Wednesday, November 12, 2014

"N.J. man asks state Supreme Court to strike down law against cursing in front of children": NJ.com has this report.
Posted at 11:52 PM by Howard Bashman


"Obamacare and gay marriage -- the missing link": Dale Carpenter has this post today at "The Volokh Conspiracy."
Posted at 11:46 PM by Howard Bashman


"Ask the author: Garrett Epps on clashing visions on the Court." Ronald Collins has this post today at "SCOTUSblog."
Posted at 11:44 PM by Howard Bashman


"Supreme Court Lets Gay Marriages Proceed in Kansas": Adam Liptak will have this article in Thursday's edition of The New York Times.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court allows same-sex marriages to proceed in Kansas, lifting stay."

Lawrence Hurley of Reuters reports that "Supreme Court allows gay marriage to proceed in Kansas."

Greg Stohr of Bloomberg News reports that "U.S. Supreme Court Clears Gay Marriage to Start in Kansas."

The Associated Press reports that "Supreme Court lifts hold on gay marriage in Kansas."

The Topeka Capital-Journal has a news update headlined "Supreme Court lifts stay preventing same-sex marriage in Kansas; Clerks can issue licenses immediately."

Brad Cooper of The Kansas City Star has a news update headlined "U.S. Supreme Court clears same-sex marriage in Kansas."

Bryan Lowry of The Wichita Eagle has a news update headlined "Supreme Court lifts hold on same-sex marriage in Kansas."

And at "SCOTUSblog," Lyle Denniston has a post titled "Same-sex marriages may go ahead in Kansas."

You can access today's order of the U.S. Supreme Court at this link.
Posted at 11:42 PM by Howard Bashman



"History gives clues to Chief Justice Roberts' thinking on new Obamacare case": Law professor Richard L. Hasen, author of the "Election Law Blog," will have this op-ed in Thursday's edition of The Los Angeles Times.

And today at "The Volokh Conspiracy," Jonathan H. Adler has a lengthy post titled "The test to textualism in King v. Burwell: A Reply to Abbe Gluck."
Posted at 11:20 PM by Howard Bashman



"Google gets new hearing in 'Innocence of Muslims' copyright case": The Los Angeles Times has this news update.

Dan Levine of Reuters reports that "Appeals court will revisit order to remove anti-Islamic film from YouTube."

Bloomberg News reports that "Google Gets Chance to Block Bit-Player Internet Removal."

David Kravets of Ars Technica reports that "Takedown of anti-Muslim YouTube video gets appeals court rehearing; Decision allows subjects of news coverage to veto 'unflattering broadcasts.'"

At WSJ.com's "Law Blog," Ashby Jones has a post titled "Appeals Court to Take Another Look at 'Innocence of Muslims' Copyright Ruling."

At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Controversial 'Innocence of Muslims' Ruling to Be Reconsidered by Appellate Court; The case figures to re-explore the standards of joint authorship in Hollywood."

National Journal reports that "Court Agrees to Reconsider Decision Over Benghazi-Linked Anti-Islam Video; A copyright claim on the 'Innocence of Muslims' will be reviewed by the full 9th Circuit Court of Appeals."

Variety reports that "Appellate Court Will Rehear 'Innocence of Muslims' Case."

And at Techdirt, Mike Masnick has a post titled "Appeals Court Finally Agrees To Rehear Horrible Ruling Over Actress' Supposed Copyright In 'Innocence Of Muslims.'"

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link.

As I noted in this earlier post, Google and YouTube filed their petition for rehearing en banc on March 12, 2014. And, as I noted in this earlier post, on July 11, 2014, the original three-judge panel issued an amended opinion.

If the panel majority had hoped to avoid en banc rehearing by issuing an amended ruling, that hope was formally dashed today. Chief Judge Alex Kozinski, who wrote the majority opinion for the panel, will conclude his statutorily prescribed seven-year term as the Ninth Circuit's chief judge later this month. Although the chief judge, unless recused, is the one and only Ninth Circuit judge guaranteed to serve on every 11-judge en banc panel, when this case is reheard en banc, Kozinski will no longer be guaranteed a place on the en banc panel because he will then no longer be the chief judge. Thus, unless Kozinski is randomly assigned to the 11-judge panel, the panel's decision to issue an amended decision could deprive Kozinski of being able to vote in favor of the outcome he believes to be correct in the en banc proceeding.
Posted at 11:12 PM by Howard Bashman



"Ruling clears way for concealed guns; Sheriff waiting until ruling becomes final before working to clear backlog of applications": The San Diego Union-Tribune has this news update.

Maura Dolan of The Los Angeles Times has a news update headlined "Panel says state can't intervene in concealed-weapon appeal."

Josh Richman of The Oakland Tribune has a news update headlined "Concealed gun ruling stands: Foes can't fight loosening of California permit standards."

And The Associated Press reports that "Court won't revisit concealed weapon permits case."

You can access today's order of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:35 PM by Howard Bashman



"D.C. Circuit steps aside on health care dispute": Lyle Denniston has this post at "SCOTUSblog" reporting on an order that the U.S. Court of Appeals for the D.C. Circuit issued today.

And in other coverage, The Associated Press reports that "Obamacare case pulled from appeals court schedule."
Posted at 10:08 PM by Howard Bashman



"Scalia invites criminal defendants to challenge SEC authority": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 07:48 PM by Howard Bashman


"President appoints Restrepo to U.S. Court of Appeals": Jeremy Roebuck of The Philadelphia Inquirer has a news update that begins, "A federal judge who immigrated to the United States as a child and spent years as a public defender and civil rights lawyer in Philadelphia is President Obama's latest pick to join the U.S. Court of Appeals for the Third Circuit."
Posted at 07:45 PM by Howard Bashman


"Court backs UT in race-admissions case": Chuck Lindell of The Austin American-Statesman has this news update.

The Associated Press reports that "Affirmative action could go back to Supreme Court."

The Texas Tribune reports that "Appeals Court Denies Request to Rehear Fisher v. UT."

And at "SCOTUSblog," Lyle Denniston has a post titled "Fisher case on way back to the Court."

You can access today's order of the U.S. Court of Appeals for the Fifth Circuit denying rehearing en banc, and the dissent therefrom in which five judges joined, at this link.
Posted at 07:42 PM by Howard Bashman



"The High Court Takes Center Stage: The biggest year in the Supreme Court's modern history will shape the 2016 election." Doug Kendall has this jurisprudence essay online today at Slate.
Posted at 07:32 PM by Howard Bashman


Greetings from Dallas! Where right now, it's a balmy 36 degrees outside.

Tomorrow afternoon, following my planned early lunch at the Pecan Lodge, the AJEI summit conference begins.
Posted at 07:25 PM by Howard Bashman



Programming note: I will be traveling to Dallas this afternoon, where starting tomorrow I will be attending the 2014 Appellate Judges Education Institute summit. Additional posts will appear here tonight.
Posted at 10:38 AM by Howard Bashman


"Loretta Lynch hearings likely to wait": Politico.com has a report that begins, "Senate Democrats appear increasingly likely to punt confirmation proceedings for attorney general nominee Loretta Lynch into next year, a move that would appease Republicans who want the fight to wait until they hold the majority."
Posted at 08:12 AM by Howard Bashman


"Immigrant lawyer hopes his effort inspires others": The Associated Press has this report.
Posted at 08:09 AM by Howard Bashman


"Midwife abortion objection case heard at Supreme Court; The UK's highest court will hear legal arguments on whether midwives have a right to refuse to take any part in abortion procedures on moral grounds": BBC News has this report.
Posted at 08:07 AM by Howard Bashman


"Undo Citizens United? We'd Only Scratch the Surface; The problem runs far deeper, to an absurdly narrow legal definition of 'corruption' that throws democracy on the trash heap." Law professor Jedediah Purdy has this essay online today at The Daily Beast.
Posted at 08:02 AM by Howard Bashman


"Hawaii Supreme Court to hear same sex marriage case": Hawaii Reporter has this article.
Posted at 08:00 AM by Howard Bashman


"U.S. Supreme Court hearing today could be pivotal for Maryland tax issue": The Washington Post has this report.
Posted at 07:48 AM by Howard Bashman


"Scorecard for Supreme Court hearing: Did Alabama make it too easy for blacks to get elected?" AL.com has this report.

Greg Stohr of Bloomberg News reports that "Landmark Voting Law Creates Role Reversal in Court Clash."

On today's edition of NPR's "Morning Edition," Nina Totenberg had a audio segment titled "Supreme Court Case Seeks Source Of Alabama Gerrymandering."

And Governing.com reports that "U.S. Supreme Court to Decide Limits on Race in Gerrymandering; On Wednesday, the justices will hear arguments in two cases challenging Alabama's legislative maps; Their ruling could have an impact on congressional and legislative maps across the country."
Posted at 07:44 AM by Howard Bashman



"At Supreme Court, secretiveness attracts snoops": Richard Wolf of USA Today has this report.
Posted at 07:33 AM by Howard Bashman


Tuesday, November 11, 2014

"Appeals court refuses to weigh in on 1st Amendment rights of anonymous online commenters": Andy Grimm of The Times-Picayune of New Orleans has this news update reporting on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 10:54 PM by Howard Bashman


"Fish-pedicure business may head to Supreme Court": In today's edition of The Arizona Daily Star, Howard Fischer has an article that begins, "A Gilbert spa owner wants the U.S. Supreme Court to rule she has a constitutional right to have fish nibble on her customers' toes and charge them for that."
Posted at 10:48 PM by Howard Bashman


"Justice Ridgely announces retirement": Sean O'Sullivan of The News Journal of Wilmington, Delaware has this news update.
Posted at 10:42 PM by Howard Bashman


"Copyrighting Software? Google v. Oracle." Dennis Crouch had this post yesterday at "Patently-O."
Posted at 09:44 PM by Howard Bashman


"Roberts at 10 -- Campaign Finance and Voting Rights: Easier to Donate, Harder to Vote." The Constitutional Accountability Center has posted online the latest installment in its year-long project, "Roberts at 10." written by David H. Gans.
Posted at 09:38 PM by Howard Bashman


"Racial Gerrymandering Switcheroo: The Supreme Court is asked to decide when districts drawn to protect black officeholders have too many black voters." Edward Blum will have this op-ed in Wednesday's edition of The Wall Street Journal. You can freely access the full text of the op-ed via Google.
Posted at 09:30 PM by Howard Bashman


"An army of one: Ted Cruz is leading the charge against Obamacare. But no one's following." David Nather of Politico.com has this report.
Posted at 08:40 PM by Howard Bashman


"U.S. Supreme Court mulls Kansas same-sex marriage ban": Brad Cooper of The Kansas City Star has this news update.

And The Wichita Eagle has a news update headlined "ACLU files brief with Supreme Court in Kansas same-sex marriage case."
Posted at 08:33 PM by Howard Bashman



"Banks try, try again at SCOTUS for time limits on regulators' suits": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 06:08 PM by Howard Bashman


"Grassley to Oversee Obama Judgeships": Iowa Public Radio has this report.
Posted at 05:10 PM by Howard Bashman


"Supreme Court to consider political segregation": Richard Wolf of USA Today has this report.
Posted at 04:23 PM by Howard Bashman


"Supreme Court Weighs Case Over Cuts to Retirees' Health Benefits": Adam Liptak has this article in today's edition of The New York Times.

ou can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in M&G Polymers USA, LLC v. Tackett, No. 13-1010.
Posted at 04:02 PM by Howard Bashman



"Irony alert: Justices miffed by rulings without reasons." Richard Wolf of USA Today has this report.

And online at Bloomberg View, law professor Noah Feldman has an essay titled "T-Mobile Takes on a Georgia Town."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in T-Mobile South, LLC v. City of Roswell, No. 13-975.
Posted at 03:55 PM by Howard Bashman



"Nevada finally establishes a court of appeals": The Associated Press has a report that begins, "Justice hasn't always been swift in Nevada, which until last week's election was one of 10 states in the nation without an intermediate court of appeals."
Posted at 03:50 PM by Howard Bashman


"Justices review racial makeup of Alabama districts": Mark Sherman and Kim Chandler of The Associated Press have this report.
Posted at 03:46 PM by Howard Bashman


"Obamacare May Die So Gay Marriage Survives": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 10:28 AM by Howard Bashman


"The Supreme Court's Gerrymandering Conundrum: Did Alabama legislators redraw district lines to hurt Democrats or to disenfranchise black voters?" Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this jurisprudence essay online today at Slate.
Posted at 09:55 AM by Howard Bashman


"Supreme Court Denies Insider-Trading Appeal; Doug Whitman's 2012 Conviction Tied to Trades in Google, Other Tech Stocks": Brent Kendall of The Wall Street Journal has this report. Today's edition of the newspaper also contains a related editorial titled "Scalia's Insider-Trading Invitation: The Justice says he's looking for a good case for the Court to accept." You can freely access full text of the editorial via Google.

Lawrence Hurley of Reuters reports that "U.S. Supreme Court rejects Whitman Capital founder's appeal."

And The Associated Press reports that "Court lets stand conviction of hedge fund founder."

You can access yesterday's order of the U.S. Supreme Court denying certiorari in Whitman v. United States, No. 14-29, and the statement respecting the denial of certiorari that Justice Antonin Scalia issued, in which Justice Clarence Thomas joined, at this link.
Posted at 09:51 AM by Howard Bashman



"John Roberts's Legacy May Be Decided in the Next Few Months": Law professor Jeffrey Rosen has this essay online at The New Republic.
Posted at 08:17 AM by Howard Bashman


Monday, November 10, 2014

"11th Circuit Rejects Cruise Lines' Immunity Defense to Medical Malpractice Claims": At the "Cruise Law News" blog, Jim Walker has this post about a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 11:59 PM by Howard Bashman


"Sirius XM cannot force vehicle owners to arbitrate -- U.S. court": Jonathan Stempel of Reuters has this report.

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Sirius Loses Mandatory Arbitration Demand."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:48 PM by Howard Bashman



"Obamacare is Doomed! Everybody Panic! Not so fast, progressives; It's far from a sure thing that the Supreme Court will destroy the Affordable Care Act." Law professor Barry Friedman and Dahlia Lithwick have this jurisprudence essay online at Slate.
Posted at 11:42 PM by Howard Bashman


"Democrats' hopes to confirm Obama nominees limited": The Associated Press has a report that begins, "The push by President Barack Obama and his allies to fill judicial and agency vacancies is about to run head-on into limitations imposed by the calendar and the nation's voters."
Posted at 11:37 PM by Howard Bashman


"Breyer Reflects on Judaism and Justice": Jess Bravin has this post today at WSJ.com's "Law Blog."

And Politico.com reports that "Supreme Court Justice Stephen Breyer signals gay marriage case not closed."
Posted at 11:33 PM by Howard Bashman



"Delay sought on health care at appeals court": Lyle Denniston has this post at "SCOTUSblog."

And in related symposium posts at that same blog, Brianne Gorod has a post titled "It's way too soon for ACA opponents to celebrate."

Robert Weiner has a post titled "King v. Burwell -- getting it right (as in correct)."

Michael Cannon has a post titled "Seven myths about King v. Burwell."

And Patrick Wyrick has a post titled "King v. Burwell -- a simple case."
Posted at 11:20 PM by Howard Bashman



"In 2015, Let's Try Only Five Justices on the Pa. Supreme Court": This new installment of my monthly "Upon Further Review" column will appear in Tuesday's edition of The Legal Intelligencer. You can freely access the full text of the column via Google.

Coincidentally, earlier tonight I was among the guests taping an episode of American Law Journal that will focus on the recent controversies affecting Pennsylvania's highest court. Law professor Garrett Epps was one of the other guests on the program. When video of the episode becomes available online in approximately two weeks from now, I will link to it.
Posted at 11:09 PM by Howard Bashman



"After Court Loss, Opponents of Same-Sex Marriage Challenge Selection of Judges": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 03:58 PM by Howard Bashman


"Inmate Abu-Jamal challenges victim-anguish law": The Associated Press has a report that begins, "An outspoken Pennsylvania inmate sued Monday to overturn a recently enacted law the state's governor says curbs criminals from cultivating 'obscene celebrity' at the expense of their victims."
Posted at 02:50 PM by Howard Bashman


"Double Jeopardy: In Alabama, a judge can override a jury that spares a murderer from the death penalty." Paige Williams has this article in the November 17, 2014 issue of The New Yorker.
Posted at 02:38 PM by Howard Bashman


"Exclusive: Supreme Court Justice Alito on Success and Surprisingly Humble Beginnings." America Within recently posted online this interview.
Posted at 02:18 PM by Howard Bashman


Programming note: Due to a client visit, additional posts will appear here this afternoon.

At 9:30 a.m. eastern time today, the U.S. Supreme Court is expected to issue an Orders List, which should be available shortly after issuance via this link. "SCOTUSblog" will provide timely coverage of any noteworthy developments.
Posted at 08:52 AM by Howard Bashman



"Computer Scientists Ask Supreme Court to Rule APIs Can't Be Copyrighted; EFF Files Amicus Brief on Behalf of Tech Pioneers in Oracle v. Google Court Battle": Electronic Frontier Foundation issued this news release last Friday. You can view the organization's amicus brief at this link.
Posted at 07:16 AM by Howard Bashman


"How The Supreme Court Could 'Blow A Big Hole' In Obama's Legacy (Or Not)": Ariane de Vogue of ABC News has this report today.
Posted at 07:08 AM by Howard Bashman


Sunday, November 9, 2014

"Justices to hear Alabama redistricting case": Mary Troyan of The Montgomery Advertiser has this news update.
Posted at 11:55 PM by Howard Bashman


"Traditional marriage groups use 1972 ruling to defend states' rights; 1972 ruling said it wasn't a federal issue": Cheryl Wetzstein of The Washington Times has this report.
Posted at 11:54 PM by Howard Bashman


"Death by Typo: The Latest Frivolous Attack on Obamacare." Columnist Paul Krugman will have this op-ed in Monday's edition of The New York Times.

And at "SCOTUSblog," Jonathan Adler has a post titled "A welcome grant for a straightforward statutory case."
Posted at 09:55 PM by Howard Bashman



"U.S. Supreme Court justices talk Jewish at G.A. opening": The Jewish Telegraphic Agency has this report. The "G.A." in the headline is an abbreviation for the 2014 General Assembly conference of the Jewish Federations of North America.
Posted at 09:36 PM by Howard Bashman


"Nevada Votes for Intermediate Appellate Court": David R. Cleveland has this post today at the "Appellate Advocacy Blog." The ballot question was approved by a vote of 54 percent "yes" to 46 percent "no."
Posted at 08:16 PM by Howard Bashman


"The conversation that I wish Judge Sutton would have had with one skeptical law clerk from a land grant law school": Senior U.S. District Judge Richard G. Kopf had this post yesterday at his "Hercules and the Umpire" blog.
Posted at 08:09 PM by Howard Bashman


"Pa. voters will have chance to remake state Supreme Court next year, with 3 seats on ballot": The Associated Press has this report.
Posted at 01:23 PM by Howard Bashman


"Supreme Court ponders life sentences for juveniles": The News Service of Florida has an article that begins, "The Florida Supreme Court on Thursday heard arguments in a debate about sentencing for juveniles convicted of first-degree murder."
Posted at 09:15 AM by Howard Bashman


"Grassley set to be first non-lawyer to chair Senate Judiciary Committee": Today's edition of The Globe Gazette of Mason City, Iowa contains a front page article that begins, "A farmer from Iowa likely will become the first non-lawyer to chair the U.S. Senate Judiciary Committee."

And The Des Moines Register has an article headlined "Chuck Grassley picks from trio of chairmanships: It's Judiciary; He tells The Des Moines Register in a statement: 'The Judiciary Committee should not be a rubber stamp for the president.'"
Posted at 09:08 AM by Howard Bashman



"Lewiston lawyer takes his case to the country's highest court": Today's edition of The Lewiston-Auburn (Me.) Sun Journal contains an article that begins, "After four decades of practicing law, George Isaacson will go to Washington next month to argue a case before the highest court in the country."
Posted at 09:00 AM by Howard Bashman


Saturday, November 8, 2014

"Obamacare Supreme Court Case Leaves Room for Workarounds": Bloomberg News has this report.

The Hill reports that "Court challenge stirs ObamaCare angst."

And today at National Review Online's "The Corner" blog, law professor John Yoo has a post titled "Four Reasons the Supreme Court Is Likely to Rule against the Obama Administration in Burwell."
Posted at 11:16 PM by Howard Bashman



"Obama unlikely to alter Supreme Court ideology with Republican Senate": David G. Savage and Timothy M. Phelps of The Los Angeles Times have an article that begins, "The window for President Obama to add another liberal justice to the Supreme Court probably closed last week when Republicans took control of the Senate."
Posted at 11:06 PM by Howard Bashman


"What's next for gay marriage after court ruling?" Mark Sherman of The Associated Press has this report.
Posted at 08:50 PM by Howard Bashman


"Supreme Court Agrees To Hear New Health Law Challenge": Nina Totenberg had this audio segment on yesterday evening's broadcast of NPR's "All Things Considered."

And today's edition of The New York Times contains an editorial titled "Health Care Reform Imperiled."
Posted at 01:34 PM by Howard Bashman



"U.S. judge affirms conservative voice with same-sex marriage vote": Jonathan Stempel of Reuters has this report.

At Forbes.com, Daniel Fisher has a post titled "Sutton's Last Stand: Judge In Same-Sex Marriage Case Declines To Overrule Democracy."

And Bob Egelko of The San Francisco Chronicle has an article headlined "No guarantee Supreme Court intervenes in gay marriage cases" and a blog post titled "Marriage ruling's author a states'-rights advocate."
Posted at 01:28 PM by Howard Bashman



"Pregnant, and No Civil Rights": Lynn M. Paltrow and Jeanne Flavin have this op-ed in today's edition of The New York Times.
Posted at 01:18 PM by Howard Bashman


Always enjoy it when Second Circuit practitioners apply that court's super-huge docket number requirement to a brief filed in the Third Circuit: Here's one recent example (via Mike Scarcella).
Posted at 01:15 PM by Howard Bashman


On the agenda: On Monday evening, I'll be on TV, recording for broadcast an episode of American Law Journal about the recent issues (including an early retirement) plaguing the Supreme Court of Pennsylvania and, more generally, about the need for and ability of judges serving on appellate courts, including courts of last resort, to peacefully coexist. When the episode becomes available on YouTube, I will link to it.

And from Thursday through Sunday, I (and thus the entire "How Appealing" blogging operation) will be attending the Appellate Judges Education Institute summit in Dallas. As the program reflects, the event promises to be chock-full of notable appellate practitioners and judges.
Posted at 10:07 AM by Howard Bashman



"Judge officially ends W.Va.'s same-sex marriage ban": The Gazette-Mail of Charleston, West Virginia has an article that begins, "A federal judge on Friday declared West Virginia's ban on same-sex marriage unconstitutional, weeks after state officials began issuing licenses to gay and lesbian couples."

You can access yesterday's ruling of the U.S. District Court for the Southern District of West Virginia at this link.

The decision, written by Chief Judge Robert C. Chambers, is noteworthy among other reasons because it contains perhaps the first discussion by another court of the Sixth Circuit's same-sex marriage ruling issued the day before.

Chief Judge Chambers concludes footnote five of his opinion as follows:

Th[e Sixth Circuit's] approach, however, fails to recognize the role of courts in the democratic process. It is the duty of the judiciary to examine government action through the lens of the Constitution's protection of individual freedom. Courts cannot avoid or deny this duty just because it arises during the contentious public debate that often accompanies the evolution of policy making throughout the states. Judges may not simultaneously find a right violated yet defer to an uncertain future remedy voluntarily undertaken by the violators.
You can access footnote five of the opinion directly via this link (scroll down to bottom of page).
Posted at 09:35 AM by Howard Bashman


Access online the audio of this past week's U.S. Supreme Court oral arguments: Via this link.
Posted at 09:22 AM by Howard Bashman


Friday, November 7, 2014

"Federal Form for Voting Is Ruled Valid": Erik Eckholm will have this article in Saturday's edition of The New York Times.

My earlier coverage of today's Tenth Circuit ruling appears at this link.
Posted at 10:23 PM by Howard Bashman



"Gay marriage advocates target U.S. Supreme Court after loss": Lawrence Hurley of Reuters has this report.

And Richard Wolf of USA Today reports that "Both sides eager for Supreme Court fight on gay marriage."
Posted at 10:14 PM by Howard Bashman



"U.S. Supreme Court issues stay on ban of Prop. 100": Michael Kiefer of The Arizona Republic has a news update that begins, "A U.S. Supreme Court justice on Friday issued a stay of a federal appeals court ruling that knocked down an Arizona law that denies bond to undocumented immigrants accused of serious crimes."

And Howard Fischer of The Arizona Daily Star has a news update headlined "Reversal of Arizona's immgrant no-bail law blocked."

You can access the stay order that Justice Anthony M. Kennedy issued today at this link.
Posted at 10:08 PM by Howard Bashman



"Baylor, and N.C.A.A., Have Starr on Their Side; Amateurism Has an Influential Friend in Baylor's Kenneth Starr": Marc Tracy will have this article in Saturday's edition of The New York Times.
Posted at 09:54 PM by Howard Bashman


"Should Courts Postpone Politically Salient Decisions?" Richard M. Re has this post today at "Re's Judicata."
Posted at 09:50 PM by Howard Bashman


"Dramatic turnover continues on Delaware Supreme Court": Tom Hals of Reuters has this report.
Posted at 09:40 PM by Howard Bashman


"Q and A: A Case of Economics and Politics." In Saturday's edition of The New York Times, Robert Pear will have an article that begins, "When the Supreme Court on Friday agreed to hear a new challenge to the Affordable Care Act, it caused concern for many people who support the law, which has provided health insurance to more than 10 million."

Online at Bloomberg View, law professor Noah Feldman has an essay titled "Supreme Court's Next Chance to Kill Obamacare."

Online at The Los Angeles Times, John Healey has an essay titled "The Supreme Court gives itself a second chance to kill Obamacare."

At The Washington Post's "Wonkblog," Jason Millman has an entry titled "The Supreme Court is one step closer to torpedoing Obamacare."

And at "The Volokh Conspiracy," Jonathan H. Adler has a post titled "Why did the court grant cert in King v. Burwell?"
Posted at 08:32 PM by Howard Bashman



"Court upholds dismissal of religious discrimination lawsuit against Northwestern in Chabad House disaffiliation": The Daily Northwestern has this report on an interesting ruling that Circuit Judge Richard A. Posner issued yesterday on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

And at "The Volokh Conspiracy," Will Baude has a related post titled "Why did the judge announce his 'religious inclinations'?"
Posted at 08:15 PM by Howard Bashman



"Loretta Lynch, Federal Prosecutor, to Be Nominated as Attorney General": The New York Times has this news update.
Posted at 06:07 PM by Howard Bashman


"Appeals court revives Alaska suit on roadless rule": The Associated Press has this report.

And Bloomberg News reports that "Alaska Lawsuit Over Roadless Forest Land Revived by Court."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 06:02 PM by Howard Bashman



"Breaking: 10th Circuit, in Major Voting Case, Rejects Kansas and Arizona Citizenship Proof Requirement." At his "Election Law Blog," Rick Hasen has this post about a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 05:52 PM by Howard Bashman


"Chief Judge Diane Wood and Judge Kent Jordan on the Constitutional Legacy of James Madison": The National Constitution Center has posted this video online at YouTube.
Posted at 04:54 PM by Howard Bashman


"Unprecedented ruling strikes ESA protections on private land": Jeremy P. Jacobs of Greenwire has a report that begins, "A federal judge this week struck down a government prohibition on harming the threatened Utah prairie dog on private property, setting up a potential constitutional showdown on the reach of the Endangered Species Act."
Posted at 04:25 PM by Howard Bashman


"Third Circuit Judge Anthony Scirica outlines potential threats to judicial independence in Madison Lecture": New York University School of Law has issued this news release. You can view the video of the remarks on YouTube via this link.
Posted at 01:58 PM by Howard Bashman


"U.S. death penalty is broken, judge says": The Cornell Chronicle has this report.
Posted at 01:28 PM by Howard Bashman


"Supreme Court to Hear New Challenge to Health 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 will hear newest challenge to Affordable Care Act."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court to again decide fate of Obama's healthcare law."

Jess Bravin of The Wall Street Journal has a news update headlined "Supreme Court to Hear Case on Health Law Subsidies; Challengers Argue Affordable Care Act Only Permits Tax Credits on State-Run Exchange." You can freely access the full text of the article via Google.

Richard Wolf of USA Today reports that "Supreme Court will hear new case challenging Obamacare."

Tom Howell Jr. of The Washington Times has a news update headlined "Supreme Court to hear Obamacare case over subsidies; could redefine the law."

Jennifer Haberkorn of Politico.com reports that "Supreme Court to hear Obamacare subsidies case."

Sahil Kapur of TPM DC reports that "Supreme Court Will Hear Lawsuit Aimed At Crippling Obamacare."

The Hill reports that "Supreme Court to hear healthcare law challenge."

Chris Geidner of BuzzFeed reports that "Supreme Court To Take Up Obamacare Subsidies Case; The justices agree to hear challenge by conservatives to subsidies under the federal health exchange."

And Vox.com reports that "Obamacare is headed back to the Supreme Court."
Posted at 01:10 PM by Howard Bashman



"Justices to hear health law subsidies challenge": The Associated Press has this report.

Greg Stohr of Bloomberg News reports that "Challenge to Obamacare Gets U.S. Supreme Court Review."

Lawrence Hurley of Reuters reports that "Supreme Court agrees to hear Obamacare subsidies case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on health care subsidies."

You can access today's Order List of the U.S. Supreme Court at this link.
Posted at 01:04 PM by Howard Bashman



"Legacy Time: What Obama can accomplish in two years without any cooperation from Congress." Law professor Eric Posner has this essay online at Slate.
Posted at 01:02 PM by Howard Bashman


"An Unexpected Triumph for Justice: Conservatives spent millions this election cycle trying to unseat progressive judges -- and they lost every time." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 01:00 PM by Howard Bashman


"President Obama expected to nominate Loretta Lynch as Attorney General": Evan Perez of CNN.com has this report.
Posted at 12:54 PM by Howard Bashman


"Federal appeals judge is swing vote on key issue": The Associated Press has this report.
Posted at 10:33 AM by Howard Bashman


"On Marriage Equality, a Blessing Well Disguised": Kenneth Jost has this post today at his blog, "Jost On Justice."

And at The Economist's "Democracy in America" blog, Steven Mazie has a post titled "Same-sex marriage and the courts: Closer to crunch time for gay marriage."
Posted at 09:58 AM by Howard Bashman



"Analysis: Paths to same-sex marriage review." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 09:42 AM by Howard Bashman


"Time to rethink Montana Supreme Court contests": This editorial appears in today's edition of The Billings Gazette.
Posted at 07:56 AM by Howard Bashman


"How One Lawyer's Crusade Could Change Football Forever": Michael Sokolove will have this article in this upcoming Sunday's edition of The New York Times Magazine.
Posted at 07:52 AM by Howard Bashman


"A 'circuit split' will force a ruling on gay marriage": Michael McGough has this essay online at The Los Angeles Times.

And at "The Volokh Conspiracy," Ilya Somin has a post titled "Assessing the Sixth Circuit decision upholding the constitutionality of laws banning same-sex marriage."
Posted at 07:50 AM by Howard Bashman



"State attorney general weighs releasing emails of Supreme Court justices": In today's edition of The Pittsburgh Post-Gazette, Karen Langley has an article that begins, "A spokeswoman for Attorney General Kathleen Kane says the office is reviewing requests this week that it release thousands of emails between justices of the Pennsylvania Supreme Court and the attorney general's office."
Posted at 07:45 AM by Howard Bashman


Thursday, November 6, 2014

"Gay Marriage Ruling Is Conservative, and Wrong": Law professor Noah Feldman has this essay online at Bloomberg View.

And online at The Detroit Free Press, David H. Gans has an essay titled "Will of the majority doesn't trump the Constitution."
Posted at 10:38 PM by Howard Bashman



"U.S. Supreme Court to Hear Florida Commercial Fishing Cases -- Part 2": Today at the blog "Florida Appellate Review," Dan Bushell has a post that begins, "The Supreme Court of the United States has agreed to step in to resolve a long-running dispute between Florida and Georgia."
Posted at 10:20 PM by Howard Bashman


The U.S. Court of Appeals for the Fifth Circuit has a redesigned web site: You can access the redesigned site at this link.

Update: I have a suggested improvement to the opinions page -- displaying the date of the opinion's issuance in addition to the docket number, case name, and designation as published or unpublished.
Posted at 10:12 PM by Howard Bashman



"The Legal One Per Cent": Jeffrey Toobin has this post online today at The New Yorker.
Posted at 10:05 PM by Howard Bashman


"Indiana Supreme Court upholds 'right to work' law": Tim Evans and Tony Cook of The Indianapolis Star have this news update.

The Evansville Courier & Press has a news update headlined "Indiana Supreme Court upholds 'Right to Work' law."

Jonathan Stempel of Reuters reports that "In defeat for unions, Indiana's top court upholds right-to-work law."

And Bloomberg News reports that "Indiana Supreme Court Upholds State's Right-to-Work Law."

You can access today's unanimous ruling of the Supreme Court of Indiana at this link.
Posted at 09:30 PM by Howard Bashman



"Brooklyn Prosecutor Could Be Nominated Attorney General In Coming Days": Carrie Johnson had this audio segment on this evening's broadcast of NPR's "All Things Considered."
Posted at 09:05 PM by Howard Bashman


"A Scary Sign the Supreme Court Could Be Taking the Latest Obamacare Suit Seriously": Simon Lazarus has this essay online at The New Republic.

And this evening's broadcast of NPR's "All Things Considered" contained an audio segment titled "Republicans' First Order Of Business May Be Chipping Away At Obamacare."
Posted at 09:02 PM by Howard Bashman



"What's Wrong With the Sixth Circuit Ruling Against A Constitutional Right to SSM": Michael Dorf has this post at his blog, "Dorf on Law."

And at National Review Online's "Bench Memos" blog, Ed Whelan has a post titled "Sixth Circuit Rules in Favor of State Marriage Laws."
Posted at 08:50 PM by Howard Bashman



"Federal Appeals Court Upholds State Gay Marriage Bans": Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered."

Fiona Ortiz and Lawrence Hurley of Reuters report that "Appeals court upholds gay marriage bans, reversing trend."

Andrew Harris and Margaret Cronin Fisk of Bloomberg News report that "Gay Marriage Right Rejected by Appeals Court in U.S. Midwest."

Brent Kendall and Jess Bravin of The Wall Street Journal have a news update headlined "Appeals Court Upholds Marriage Restrictions In Four States; Split Renews Possibility Of Supreme Court Review." You can freely access the full text of the article via Google.

Cheryl Wetzstein of The Washington Times has a news update headlined "Gay marriage bans upheld in four states, snapping same-sex win streak; Federal appeals court backs Michigan, Tennessee, Kentucky, Ohio traditional marriage laws."

Warren Richey of The Christian Science Monitor reports that "Appeals court upholds gay marriage bans, Supreme Court showdown looms; The Sixth Circuit became the first federal appeals court to uphold a ban on gay marriage, greatly increasing the likelihood that the Supreme Court will step in."

Jim Provance of The Toledo Blade has a news update headlined "U.S. appeals court upholds anti-gay marriage laws; Federal appeals court upholds laws against gay marriage in Ohio, Michigan, Kentucky, Tennessee."

The Cincinnati Enquirer has a news update headlined "Court: No same-sex marriage in OH, KY."

The Cleveland Plain Dealer has a news update headlined "Federal appeals court rules against same-sex marriage in 2-1 decision; reverses judges who overturned state bans."

The Tennessean has a news update headlined "Gay couples in Tennessee 'devastated' by court ruling."

The Lexington Herald-Leader has a news update headlined "Appeals court upholds Kentucky's ban on same-sex marriage, reversing lower court."

The Detroit Free Press has a news update headlined "Appeals court upholds Michigan's gay marriage ban."

MLive.com has reports headlined "Michigan gay marriage ban upheld by appeals court"; "Appeals court says gay marriage legalization appears inevitable, but upholds Michigan ban"; "LGBT community plans ballot initiative after same-sex marriage court ruling"; "Michigan Gov. Snyder says defending gay marriage ban a duty, 'not a matter of personal preference'"; "Gay marriage ruling: Woman who wants to wed calls federal judges 'cowards'": "Hazel Park couple on gay marriage ruling: We will continue to fight"; "Barb Byrum, 1st county clerk to marry a Michigan gay couple, 'speechless' at court decision"; "Midland pastor 'appalled' by appeals court decision upholding gay marriage ban"; "Court's upholding gay marriage ban is 'crazy, disappointing,' says pastor who conducted Muskegon marriages"; "'We don't want to be the last place justice is denied,' gay rights activist says marriage equality fight not over"; "Gay marriage ban co-author Gary Glenn praises federal court ruling"; and "Dave Agema, gay-marriage opponents on ruling: 'Things are looking up for conservatives.'"

And at the "Taking Note" blog of The New York Times, Jesse Wegman has a post titled "The Wrong Question to Ask About Same-Sex Marriage."
Posted at 08:20 PM by Howard Bashman



"Federal appeals court rules for gay marriage bans" The Associated Press has this report.

Robert Barnes of The Washington Post has a news update headlined "Appeals court upholds bans on same-sex marriage in four states."

David G. Savage of The Los Angeles Times has a news update headlined "For first time, a federal appeals court upholds ban on gay marriage."

Richard Wolf of USA Today reports that "Gay marriage bans in four states upheld on appeal."

Erik Eckholm of The New York Times has a news update headlined "Appeals Court Upholds Same-Sex Marriage Ban."

The Detroit News has an update headlined "Fed appeals court rules for gay marriage ban in Mich."

The Columbus Dispatch has a news update headlined "Ohio's gay-marriage ban upheld."

The Louisville Courier-Journal has a news update headlined "Appeals court upholds Ky gay marriage ban."

Chris Geidner of BuzzFeed reports that "Federal Appeals Court Upholds Four States' Same-Sex Marriage Bans."

And at "SCOTUSblog," Lyle Denniston has a post titled "Sixth Circuit: The split on same-sex marriage."

You can access this afternoon's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link. Circuit Judge Jeffrey S. Sutton wrote the majority opinion, in which Circuit Judge Deborah L. Cook joined. Senior Circuit Judge Martha Craig Daughtrey issued a dissenting opinion.

The Sixth Circuit currently has 15 active judges, five of whom were appointed by Democratic presidents and 10 of whom were appointed by Republican presidents. Although the party affiliation of the appointing president has not proved to perfectly correlate with a judge's views on this issue, the math would seem to be against those who may hope that possible en banc review may resolve the circuit split that today's ruling has created. In the absence of an en banc decision that overturn's today's three-judge panel ruling, U.S. Supreme Court review would now appear to be assured.
Posted at 04:44 PM by Howard Bashman



"Author: Sotomayor Still Feels Pressure to Prove Herself." Marcia Coyle of The National Law Journal has this Supreme Court Brief consisting of an interesting interview with Joan Biskupic. You can freely access the full text of the interview via Google.
Posted at 04:00 PM by Howard Bashman


"NCAA has to go to trial over Penn State sanctions, court rules": The Associated Press has this report.

Yesterday's ruling of the Supreme Court of Pennsylvania consisted of a per curiam order and a concurring statement.
Posted at 03:50 PM by Howard Bashman



"Why James Duff Agreed to Administer the Federal Judiciary -- Again." 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 03:44 PM by Howard Bashman


"Constitution Check: Will the new Senate approve any nominees to the Supreme Court?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 03:40 PM by Howard Bashman


In papers of interest available online at SSRN: Law professors Michael J. Gerhardt and Michael Ashley Stein have posted an article titled "The Politics of Early Justice, Lower Court Federal Judicial Selection 1789-1861" (via "Civil Procedure & Federal Courts Blog").

And law professor Mitchell N. Berman has posted a book review titled "Judge Posner's Simple Law" (via "Legal Theory Blog").
Posted at 01:36 PM by Howard Bashman



"After Harry Reid, the GOP Shouldn't Unilaterally Disarm: It will take years to undo the damage done by Senate Democrats' barring filibusters of judicial nominees." U.S. Senator Orrin G. Hatch (R-UT) and C. Boyden Gray have this op-ed in today's edition of The Wall Street Journal. You can freely access the full text of the op-ed via Google.
Posted at 01:23 PM by Howard Bashman


Thanks Dad! Today, the Supreme Court of Washington State issued a unanimous opinion that begins:
After Theresa Scanlan filed a personal injury action against Karlin Townsend, a process server delivered a copy of the summons and complaint to Townsend's father at his home. But Townsend did not live at her father's home. Townsend's father later handed the summons and complaint directly to Townsend within the statute of limitations.
The trial court had dismissed the case due to lack of service on the defendant, but the intermediate appellate court reversed and ruled that service was proper. Today. Washington State's highest court agrees with the intermediate appellate court that proper service of process occurred.
Posted at 11:35 AM by Howard Bashman


Strong start to a dissenting opinion: Yesterday, Fifth Circuit Judge E. Grady Jolly issued a dissenting opinion that begins:
With due respect, it is difficult to determine which feature of the majority's opinion is more stunning: that it finds standing on the basis of a new theory of law that has not been so much as hinted at, much less urged, by the plaintiff in this case; or that this "delayed-notice" theory of injury on which it finds standing is so utterly unsupported by law or fact.
You can access yesterday's complete ruling of the U.S. Court of Appeals for the Fifth Circuit in the case at this link.
Posted at 11:27 AM by Howard Bashman


"Justices Consider Whether Tossing Out Fish Destroyed Records": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes reports that "Justices consider the case of the missing grouper."

Richard Wolf of USA Today reports that "Justices seeing red over case of missing grouper."

In today's edition of The Wall Street Journal, Brent Kendall has an article headlined "Supreme Court Objects to Application of Sarbanes-Oxley on Commercial Fisherman; Florida Fisherman Accused of Destroying Evidence That He Harvested Undersized Fish."

Warren Richey of The Christian Science Monitor has an article headlined "Avast ye Supreme Court justices, thar be an undersized grouper!"

Michael Doyle of McClatchy Washington Bureau reports that "Justices think use of anti-corporate fraud law sounds 'fishy.'"

Lawrence Hurley of Reuters reports that "U.S. justices leaning toward letting fisherman off the hook."

Bill Mears of CNN.com reports that "Justices debate whether feds went overboard in fisherman prosecution."

At "The Note" blog of ABC News, Ariane de Vogue has a post titled "Supreme Court Hears Fishy Tale."

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "How Does Destroying Fish Compare To Shredding Documents, Legally?"

Jeremy P. Jacobs of Greenwire reports that "Justices question use of Sarbanes-Oxley to prosecute Fla. fisherman."

Online at Slate, Dahlia Lithwick has a Supreme Court dispatch headlined "Scales of Justice: The Supreme Court has more fun than ought to be legal arguing about shrimpy grouper."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: Building to a Scalia crescendo."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Yates v. United States, No. 13-7451.
Posted at 09:06 AM by Howard Bashman



"Castille to Kane: Release all the justices' e-mails." Craig R. McCoy and Angela Couloumbis have this article in today's edition of The Philadelphia Inquirer.

Today's edition of The Patriot-News of Harrisburg, Pennsylvania contains an article headlined "Lawyers, civil right groups ask Attorney General Kathleen Kane to study email traffic between Pa. Supreme Court, her office."

And Peter Hall of The Morning Call of Allentown, Pennsylvania reports that "Ethics experts say justices' emails to AG's office warrant review" and "Pa. legal experts call on Castille, Kane to release justices' email."
Posted at 09:02 AM by Howard Bashman



"If Dems Can Nuke Filibuster For Judges, GOP Can Nuke It For ObamaCare (And Still Save Senate)": Michael F. Cannon has this post at Forbes.com.
Posted at 08:57 AM by Howard Bashman


"Supreme Court Solution: A Senior Citizen." Jonathan Bernstein has this essay online at Bloomberg View.
Posted at 08:55 AM by Howard Bashman


"Even Crazier in Alabama: Voters just passed a constitutional amendment that would overrule the Supreme Court." Mark Joseph Stern has this jurisprudence essay online at Slate.

And in local coverage, AL.com reports that "Amendment banning 'foreign law' in Alabama courts passes; will be added to Alabama Constitution."
Posted at 08:54 AM by Howard Bashman



"Recount possible in NC Supreme Court race": The News & Observer of Raleigh, North Carolina has an article that begins, "Despite an effort by the Republican State Leadership Committee to influence the Supreme Court races in North Carolina, the three candidates targeted by the organization emerged as victors. Democrats Cheri Beasley, Sam Ervin IV and Robin Hudson won their races for seats on the bench of the state's highest court."
Posted at 08:50 AM by Howard Bashman


"What Happened in the 2014 State Judicial Races? The results in several contested races could provide a small amount of solace to Democrats." Governing.com has this report.
Posted at 08:45 AM by Howard Bashman


Wednesday, November 5, 2014

"Schmidt notifies 10th U.S. Circuit appeals court of gay marriage challenge; Notice says attorney general will challenge 'any and all appealable issues'": The Topeka Capital-Journal has this news update.
Posted at 10:42 PM by Howard Bashman


"Abortion-Rights Advocates Preparing for a New Surge of Federal and State Attacks": Erik Eckholm will have this article in Thursday's edition of The New York Times.
Posted at 10:40 PM by Howard Bashman


"Abortion waiting period likely with Amendment 1 passage": The Tennessean has this news update.
Posted at 10:38 PM by Howard Bashman


"Personhood's third time on Colorado ballot another loss": The Denver Post has this report.

Politico.com reports that "Personhood movement loses both state initiatives."

And Vox reports that "Abortion opponents have lost 5 out of 5 personhood votes."
Posted at 10:32 PM by Howard Bashman



"Rick Scott Won't Get to Stack Florida Supreme Court; Floridians defeated a proposed constitutional change that would have let governors name a new judge once the retirement date of the outgoing judge is known": Governing.com has this report.

And WFSU reports that "Supreme Court Appointments To Stay With Incoming Governor After Amendment 3 Fails."
Posted at 10:22 PM by Howard Bashman



"Wheat fends off VanDyke; Rice defeats Herbert": The Great Falls (Mont.) Tribune has this report.

The Billings Gazette reports that "Wheat, Rice win easy victories in bids for Supreme Court."

And The Bozeman Daily Chronicle reports that "Wheat, Rice win re-election to Montana Supreme Court."
Posted at 10:20 PM by Howard Bashman



"Chief Justice Roberts Wishes Magna Carta an Early Happy 800th Birthday": Jess Bravin has this post at WSJ.com's "Law Blog."
Posted at 10:14 PM by Howard Bashman


"Illinois Supreme Court Justice Karmeier appears to survive $1M campaign to unseat him": The Associated Press has this report. '

And The Belleville News-Democrat reports that "Vote totals close on Karmeier's return to Supreme Court."
Posted at 10:12 PM by Howard Bashman



"State Supreme Court justices stave off ousting campaign; Rosen, Johnson faced campaign targeting them after Carr brothers' convictions overturned": The Topeka Capital-Journal has this report.

And The Wichita Eagle reports that "Kansans vote to retain justices Lee Johnson, Eric Rosen."
Posted at 10:07 PM by Howard Bashman



"Court Reprimands Lawyer Linked to Judge's Resignation": Susan Decker of Bloomberg News has this report.

My earlier coverage of today's en banc Federal Circuit order can be accessed here.
Posted at 09:50 PM by Howard Bashman



"Don't Bring Back the Judicial Filibuster: Why Republicans have to leave the process -- which comports with tradition -- alone." Ed Whelan has this essay today at National Review Online.

And today at The Huffington Post, Paul Gordon has a blog entry titled "Lame Duck Opportunity and Obligation: Confirm Judges."
Posted at 01:28 PM by Howard Bashman



Seventh Circuit Judge Richard A. Posner affirms ruling in favor of Quincy Jones: Not that Quincy Jones, however, although today's ruling does make mention of Leonard Bernstein.
Posted at 01:23 PM by Howard Bashman


En banc Federal Circuit publicly reprimands attorney Edward R. Reines for for his misconduct in disseminating an email to clients and prospective clients that he received from then-Chief Judge Randall R. Rader: You can access today's unanimous, en banc per curiam order of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 01:05 PM by Howard Bashman


"Enron Meets Red Grouper as Top Court Mulls Evidence Case": Greg Stohr of Bloomberg News has this report.

And Sam Hananel of The Associated Press has an updated report headlined "A fish tale: Supreme Court and the missing grouper."
Posted at 12:56 PM by Howard Bashman



"What Republican Senate Means for Supreme Court": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 10:44 AM by Howard Bashman


"The Supreme Court Takes Up The Case Of The Missing Fish": Nina Totenberg has this audio segment on today's broadcast of NPR's "Morning Edition."

Sam Hananel of The Associated Press has a report headlined "A fish tale: Supreme Court and the missing grouper."

Online at Bloomberg View, law professor Noah Feldman has an essay titled "Fish, Shotguns and Judicial Activism."

And in today's edition of The Wall Street Journal, Bill Shepherd has an op-ed titled "Something Fishy in Sarbox Land: How many groupers does it take to expose federal overreach and a flawed law gone wrong again?" You can freely access the full text of the op-ed via Google.
Posted at 08:30 AM by Howard Bashman



Tuesday, November 4, 2014

"Appeals Court Is Urged to Strike Down Program for Collecting Phone Records": Charlie Savage will have this article in Wednesday's edition of The New York Times.
Posted at 11:57 PM by Howard Bashman


"Supreme Court Weighs Air Marshal's Firing in Whistle-Blower Case": Adam Liptak will have this article in Wednesday's edition of The New York Times.

In Wednesday's edition of The Washington Post, Robert Barnes will have an article headlined "In whistleblower case, Supreme Court seems sympathetic to former air marshal." In addition, at the newspaper's "In the Loop" blog, Barnes has a post titled "Be careful who you insult in Washington -- especially if they might end up on the Supreme Court."

David G. Savage of The Los Angeles Times reports that "Supreme Court seems to back ex-TSA air marshal's whistle-blower claim."

Richard Wolf of USA Today reports that "Justices back air marshal who blew whistle on cutbacks."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Weighs Whistleblower Protections; Justices Consider Balance of Whistleblower Rights Against National Security." You can freely access the full text of the article via Google.

And Marcia Coyle of The National Law Journal has a Supreme Court Brief headlined "Justices Weigh Whistleblowing Against National Security." You can freely access the full text of the article via Google.
Posted at 09:02 PM by Howard Bashman



"U.S. Supreme Court denies appeal by Alabama Death Row inmate convicted in 1989 bombing death of judge": Kent Faulk of The Birmingham News has an article that begins, "The U.S. Supreme Court today denied an appeal by the man on Alabama's death row for the 1989 pipe bomb death of federal appeals court judge Robert S. Vance."
Posted at 08:35 PM by Howard Bashman


"In His 70th Supreme Court Argument, Waxman Takes Some Hits": Tony Mauro of The National Law Journal has this Supreme Court Brief. You can freely access the full text of the article via Google.

And in other coverage, Lawrence Hurley of Reuters reports that "U.S. justices wrestle over homeowners' bid to rescind mortgage."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Jesinoski v. Countrywide Home Loans, Inc., No. 13-684.
Posted at 08:32 PM by Howard Bashman



"Argentina Appeals New York Bond Judge's Contempt Finding ": Bloomberg News has this report.

And Nate Raymond of Reuters reports that "Argentina appeals U.S. judge's contempt order in bond dispute."
Posted at 08:25 PM by Howard Bashman



"U.S. appeals court grills opponents of NSA phone data collection": Reuters has this report.

The Wall Street Journal has a news update headlined "Court Considers Suit Against NSA Phone Surveillance; Judges Focus on Whether Initial Gathering of the Records Violates Constitution." You can freely access the full text of the article via Google.

National Journal reports that "Judges Skeptical NSA Spying Violates Privacy Rights; In reviewing a post-Snowden case Tuesday, an appeals court questioned whether the government's bulk collection of phone records needs to be reined in."

Josh Gerstein of Politico.com has a blog post titled "Anti-NSA ruling in jeopardy."

And at "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "D.C. Circuit Skeptical of Challenge to NSA Surveillance." You can freely access the full text of the post via Google.

Earlier, the "Behind the News" blog of Columbia Journalism Review had a post titled "The anti-NSA case that's pushed farthest through the system is back in court today."

You can access at this link (43.0 MB mp3 audio file) the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.

Update: In other coverage, Michael Doyle of McClatchy Washington Bureau reports that "Judges weigh NSA's sweep of phone numbers."
Posted at 03:22 PM by Howard Bashman



"James C. Duff * * * has been appointed director of the administrative office of the U.S. Courts by Chief Justice John G. Roberts, Jr., effective January 5, 2015." So announces the Newseum in a news release issued today.

Senior U.S. District Judge John D. Bates (D.D.C.) currently serves as director of the AO. Judge Bates has been in the news lately for several controversial communications he has issued in his current capacity as director of the AO (see here, here, and here).

Update: In other coverage, The Associated Press reports that "Newseum CEO departs amid fundraising struggles."

And at "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "James Duff to Lead Judiciary's Administrative Office." You can freely access the full text of the blog post via Google.

The U.S. Supreme Court's official news release on the announcement can be accessed here.
Posted at 01:54 PM by Howard Bashman



"Oklahoma Supreme Court puts new state abortion laws on hold": The Tulsa World has this news update.

And The Oklahoman has a news update headlined "Oklahoma Supreme Court temporarily blocks enforcement of new abortion laws; Oklahoma Supreme Court rulings mean a Norman doctor can keep an abortion clinic open and doctors do not have to follow FDA protocols in giving abortion-inducing drugs."
Posted at 01:48 PM by Howard Bashman



"Argument preview: Can plain language be vague?" Lyle Denniston has this post today at "SCOTUSblog."
Posted at 01:44 PM by Howard Bashman


"Supreme Court to hear Florida-Georgia water suit": This front page article appears in today's edition of The Times of Gainesville, Georgia.

Reuters reports that "Water wars between Florida, Georgia advance at U.S. Supreme Court."

And the News Service of Florida reports that "U.S. Supreme Court to hear Florida-Georgia water fight."
Posted at 01:42 PM by Howard Bashman



"Court weighs whistleblower status for air marshal": Sam Hananel of The Associated Press has this report.

Earlier, USA Today reported that "Supreme Court hears air marshal case about secrets vs. safety."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Department of Homeland Security v. MacLean, No. 13-894.
Posted at 01:18 PM by Howard Bashman



"Appeals court takes on NSA surveillance case": Pete Yost of The Associated Press has this report.

The Wall Street Journal has a news update headlined "Federal Appeals Court Considers Suit Against NSA Phone Surveillance; Judges Focus on Whether Initial Gathering of the Records Violates Constitution." You can freely access the full text of the article via Google.

And at The Intercept, Dan Froomkin reports that "Nutty Plaintiff Nearly Derails Case Against NSA Bulk Collection."
Posted at 12:58 PM by Howard Bashman



"Constitution Check: Should the Supreme Court get involved in church property disputes?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:14 AM by Howard Bashman


"Court Wrangles With Edward Snowden's Shadow": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 10:28 AM by Howard Bashman


"Appeals court to weigh NSA phone data program": This front page article appears in today's edition of The Baltimore Sun.

Saturday's edition of The Wall Street Journal contained an article headlined "NSA Phone Surveillance Faces Fresh Court Test; D.C. Appeals-Court Panel to Hear Arguments in Challenge Brought by Conservative Activist." You can freely access the full text of the article via Google.

The Associated Press reports that "Appeals court takes on NSA surveillance case."

Cyrus Farivar of Ars Technica reports that "Top appeals court to hear why NSA metadata spying should stay or go; DC Court of Appeals could confirm ruling that ended the practice, but was stayed."

National Journal reports that "The NSA's Mass-Surveillance Program Is About to Go on Trial; More than a year after Edward Snowden's disclosures, an Appeals Court will weigh the government's bulk collection of U.S. phone records."

And The Hill reports that "NSA phone program faces key court test."

When the audio of today's D.C. Circuit oral argument becomes available, I will link to it.
Posted at 08:06 AM by Howard Bashman



"Court asked to consider Jerusalem's sovereignty on U.S. passports": Robert Barnes has this article in today's edition of The Washington Post.
Posted at 07:55 AM by Howard Bashman


Monday, November 3, 2014

"Federal Judge Gergel of Charleston poised to grant S.C. gays the right to marry": The State of Columbia, South Carolina has this report.
Posted at 11:24 PM by Howard Bashman


"Who Decides Who Rules Jerusalem? Antonin Scalia maintains that Congress is free to antagonize whatever foreign entities it wants to." Dahlia Lithwick has this Supreme Court dispatch online at Slate.

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Case Tests Status Of Jerusalem."
Posted at 10:20 PM by Howard Bashman



"Court rejects Obama housing bias rule as 'wishful thinking'": Lawrence Hurley of Reuters has this report on a ruling that the U.S. District Court for the District of Columbia issued today.
Posted at 09:34 PM by Howard Bashman


"Like Rehnquist Before Him, Roberts Warns: Don't Look at the Clock": 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 09:15 PM by Howard Bashman



"High court to hear water case against Georgia": Bill Rankin of The Atlanta Journal-Constitution has this news update.
Posted at 08:42 PM by Howard Bashman


"Decision Nears On Next Attorney General; 2015 Confirmation Likely": Carrie Johnson of NPR has this report.
Posted at 08:20 PM by Howard Bashman


"The problem with judicial elections, Illinois Supreme Court edition": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 08:15 PM by Howard Bashman


"Justices Consider Status of Jerusalem for U.S. Passports": Adam Liptak will have this article in Tuesday's edition of The New York Times.

And David G. Savage of The Los Angeles Times has a news update headlined "High court debates president's power to keep 'Israel' off passports."

And Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court tackles thorny passport issue over Jerusalem."
Posted at 05:54 PM by Howard Bashman



"To tell the truth: U.S. top court mulls Omnicare securities case." Lawrence Hurley of Reuters has this report.

And online at Bloomberg View, law professor Noah Feldman has an essay titled "How Should Companies Pay When They Lie?"

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Omnicare, Inc. v. Laborers Dist. Council Constr. Industry Pension Fund, No. 13-435.
Posted at 05:07 PM by Howard Bashman



"Will the Supreme Court grant certiorari in King v. Burwell?" Jonathan H. Adler has this post this afternoon at "The Volokh Conspiracy."
Posted at 05:02 PM by Howard Bashman


Access online the federal government's en banc brief for appellees in Halbig v. Burwell: The brief, filed this afternoon in the D.C. Circuit, can be accessed here.
Posted at 04:58 PM by Howard Bashman


"The Supreme Court Will Be a Disaster If a Justice Dies During a Republican Congress": Law professor Jeffrey Rosen has this essay online today at The New Republic.
Posted at 04:55 PM by Howard Bashman


"Silence, and speculation, on health care": Lyle Denniston has this post at "SCOTUSblog."
Posted at 03:07 PM by Howard Bashman


"Justices to weigh prosecution of fisherman under white-collar law": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:04 PM by Howard Bashman


"Argument analysis: Playing 'diplomat for a day.'" Lyle Denniston has this post today at "SCOTUSblog."
Posted at 02:17 PM by Howard Bashman


"KS Supreme Court arguments Thursday in same-sex marriage case; Those wanting to watch in person should arrive early": The Topeka Capital-Journal has this news update.
Posted at 01:48 PM by Howard Bashman


Access online the transcript of today's U.S. Supreme Court oral argument in Zivitofsky v. Kerry, No. 13-628: At this link.
Posted at 01:36 PM by Howard Bashman


"The Pennsylvania Supreme Court's frat house hijinks": Dick Polman has this essay online at NewsWorks.
Posted at 01:30 PM by Howard Bashman


"Do You Harbor Supreme [Court] Ambitions?" Mark Herrmann has this post today at "Above the Law."
Posted at 01:20 PM by Howard Bashman


"What GOP control of the Senate could mean for Obama's judicial legacy": Emily Badger has this entry today at the "Wonkblog" of The Washington Post.
Posted at 01:14 PM by Howard Bashman


"US Supreme Court appears split on landmark Jerusalem passport case": Yonah Jeremy Bob of The Jerusalem Post has this report.

Richard Wolf of USA Today reports that "Supreme Court divided over Jerusalem native's passport."

Josh Gerstein of Politico.com reports that "SCOTUS hears arguments in Israel passport case."

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Supreme Court Should Steer Clear of Mideast Politics."
Posted at 01:11 PM by Howard Bashman



"U.S. needs Founding Fathers' religious liberty vision, Alito tells MD lawyers": The Catholic Review has this report.
Posted at 01:03 PM by Howard Bashman


"Time flies at Supreme Court": Josh Gerstein of Politico.com has this blog post.
Posted at 01:02 PM by Howard Bashman


"Jerusalem Passport Case Divides U.S. High Court Justices": Greg Stohr of Bloomberg News has this report.

Lawrence Hurley of Reuters has a report headlined "U.S. Supreme Court divided on Jerusalem passport case."

And Mark Sherman of The Associated Press reports that "'Born in Jerusalem' passport case returns to court."
Posted at 12:17 PM 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. The Court did grant leave to file a bill of complaint in Florida v. Georgia, No. 142, Orig.

Update: In early news coverage, The Associated Press reports that "Court rejects appeal over Senate filibuster rules"; "Court won't hear dispute over abortion clinic law"; "High court won't hear crisis pregnancy center case"; "Court won't hear dispute over Sherlock Holmes"; "Court rejects Argentina's appeal of $185M award"; "Court declines to take up Episcopal Church dispute"; and "Justices reject Texas rape-murder appeal."

And Lawrence Hurley of Reuters has reports headlined "U.S. top court does not act yet on Obamacare subsidies challenge"; "U.S. top court leaves intact New York City pregnancy center rule"; "Elementary, my dear Watson: U.S. court rejects Sherlock Holmes dispute"; and "U.S. top court rejects South Korean company's appeal in Kevlar case."
Posted at 09:39 AM by Howard Bashman



"Who Controls the Senate Controls the Courts: With a Republican victory in the Senate looking increasingly likely, the President's ability to appoint federal judges is about to be curtailed; And that matters a lot." Law professor Geoffrey R. Stone has this essay online at The Daily Beast.
Posted at 09:28 AM by Howard Bashman


"Whistleblowers' rights may hinge on Ladera man's case": This article appears in today's edition of The Orange County Register.
Posted at 09:27 AM by Howard Bashman


"Obama's best chance to influence the judiciary may be passing": Timothy M. Phelps has this article in today's edition of The Los Angeles Times.
Posted at 07:56 AM by Howard Bashman


"Rogue pastors endorse candidates, but IRS looks away": Rachael Bade of Politico.com has this report. According to the article, "Their ultimate goal: igniting a lawsuit with the IRS and taking the issue to the Supreme Court."
Posted at 07:53 AM by Howard Bashman


"BP Steps Up Legal Assault on Gulf Spill Settlement Administrator": Paul M. Barrett of Bloomberg Businessweek has this essay today.
Posted at 07:50 AM by Howard Bashman


"Law Review: Ousting of McCaffery set troubling precedent." Chris Mondics has this article in today's edition of The Philadelphia Inquirer.
Posted at 07:48 AM by Howard Bashman


"The right tries to buy a judge: Why the Kochs are throwing cash at a state judicial race; A race for a state Supreme Court seat in Montana might seem like a sleepy affair; Here's how it became a debacle." Eric Stern has this essay today at Salon.com.
Posted at 07:44 AM by Howard Bashman


"Jerusalem-Born American Thrusts Court Into Mideast Debate": Greg Stohr of Bloomberg News has this report.

And on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment titled "Supreme Court To Consider Case On Passports Of Jerusalem-Born Citizens."
Posted at 07:36 AM by Howard Bashman



Sunday, November 2, 2014

"In Alabama, race again at heart of voting rights debate -- but with twist": Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 10:14 PM by Howard Bashman


"Court ruling upends Maryland's sex offender registry": This front page article appears in today's edition of The Baltimore Sun.
Posted at 09:52 PM by Howard Bashman


"Montana Judicial Race Joins Big-Money Fray": Shaila Dewan will have this article in Monday's edition of The New York Times.
Posted at 09:40 PM by Howard Bashman


"Disclaimer might not be enough: Plow art in cloudy legal fight." In today's edition of The Argus Leader of Sioux Falls, South Dakota, Steve Young has an article that begins, "Mayor Mike Huether's mother isn't going to like it if her boy's stance on religious artwork adorning city-owned snowplows ends up in front of the U.S. Supreme Court."
Posted at 09:32 PM by Howard Bashman


"Modern typefaces vs. the Massachusetts court system: Why does one of the nation's most progressive states do its legal business in old-fashioned Courier?" John Ruch has this essay in the Ideas section of today's edition of The Boston Globe.

According to the essay, "Courts are known for being tradition-bound, but today the SJC is one of only five state high courts that still issue opinions in Courier. And Massachusetts is one of only three states -- along with Alabama and New Jersey -- that essentially force appeals court attorneys to file their briefs in the font."
Posted at 09:23 PM by Howard Bashman



"Fisherman's fight with U.S. catches justices' attention": Richard Wolf of USA Today has this report.
Posted at 09:14 PM by Howard Bashman


"People are at the heart of these Supreme Court cases": Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 08:14 PM by Howard Bashman


"GOP statewide officeholders rally for French on high court ": Jack Torry of The Columbus Dispatch has this report.
Posted at 07:38 PM by Howard Bashman


"Supreme Court takes up fight over US passports and 'Jerusalem'": Warren Richey of The Christian Science Monitor has this report.

Yonah Jeremy Bob of The Jerusalem Post has an article headlined "US Supreme Court to rule on Jerusalem passport case."

And in yesterday's edition of The Wall Street Journal, Akiva Shapiro had an op-ed titled "Is Jerusalem in Israel? Ask the Supreme Court; The State Department says no, Congress says yes; Now the justices will decide a case involving a boy's passport." You can freely access the full text of the op-ed via Google.
Posted at 07:35 PM by Howard Bashman



"Cruz provides the assist, but he's looking beyond Tuesday": This article will appear in Monday's edition of The Washington Post.
Posted at 07:23 PM by Howard Bashman


"Supreme Court to hear case on presidential 'signing statements'": David G. Savage of The Los Angeles Times has this report.

Mark Sherman of The Associated Press reports that "Court hears 'born in Jerusalem' passport case."

And Lawrence Hurley of Reuters reports that "U.S. foreign policy concerns loom large in Jerusalem passport case."
Posted at 10:02 AM by Howard Bashman



"Slate's Amicus with Dahlia Lithwick: Ballot-Box Special." You can access the audio of episode four of Slate's Amicus podcast, featuring law professor Rick Hasen -- author of the "Election Law Blog" -- at this link.

Here's hoping that in episode five, Dahlia will begin pronouncing "Amicus" the same way as U.S. Supreme Court Justice Stephen G. Breyer.
Posted at 09:54 AM by Howard Bashman



"Experts: Florida's high court took high road on cellphones." This front page article appears in today's edition of The Tampa Tribune.
Posted at 09:50 AM by Howard Bashman


"Teenagers Stand Up to Backpage": Columnist Nicholas Kristof has this op-ed in the Sunday Review section of today's edition of The New York Times.
Posted at 09:47 AM by Howard Bashman


Saturday, November 1, 2014

"No rush to judgment for Atty. Gen. Kamala D. Harris": Maura Dolan of The Los Angeles Times has this article.
Posted at 11:32 PM by Howard Bashman


"Montana's hottest race may be for state Supreme Court": The Missoulian has this report.
Posted at 09:44 PM by Howard Bashman


"First Amendment Rights for Adjuncts": Inside Higher Ed has a report that begins, "A college can't fire an adjunct professor for criticizing it, so long as the issues raised are matters of public concern and the adjunct has reasonable expectation of continued employment, the U.S. Court of Appeals for the Seventh Circuit ruled Thursday in a decision regarding Moraine Valley Community College in Illinois."

And FIRE reports that "Seventh Circuit Rules in Favor of Adjunct Professor Terminated for Speech."

You can access Thursday's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 09:20 PM by Howard Bashman



"Abortion law upheld by minority vote": Will Baude has this post today at "The Volokh Conspiracy."

My earlier related post can be accessed here.
Posted at 09:06 PM by Howard Bashman



"Satanists, Scott Walker, & Contraception: A Partial Account of Hobby Lobby's Implications for State Law." Kara Loewentheil has posted this article online at SSRN (via "Legal Theory Blog").
Posted at 02:58 PM by Howard Bashman


"Stem cell patent to reach Supreme Court": Yesterday's edition of The San Diego Union-Tribune contained this article.

And business columnist Michael Hiltzik of The Los Angeles Times has an essay titled "Can scientists patent life? The question returns to the Supreme Court."

You can view the petition for writ of certiorari filed yesterday at the U.S. Supreme Court at this link.
Posted at 02:14 PM by Howard Bashman



"Pa. Supreme Court will operate without a tie-breaker for the remainder of 2014": This article appears in today's edition of The Patriot-News of Harrisburg, Pennsylvania.
Posted at 02:09 PM by Howard Bashman


"Argument preview: Court edges close to the Mideast cauldron." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 01:33 PM by Howard Bashman






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