How Appealing

Wednesday, December 31, 2014

"2014 Was a Lousy Year for Obama at the Supreme Court": Damon Root had this post yesterday at Reason.com's "Hit & Run" blog.
Posted at 10:14 PM by Howard Bashman


"Topeka man, 89, files suit against Edward Snowden, documentary producers; Horace Edwards requesting 'disloyal government operative' not profit from film": Justin Wingerter of The Topeka Capital-Journal has this news update.
Posted at 10:12 PM by Howard Bashman


Access online Chief Justice John G. Roberts, Jr.'s "2014 Year-End Report on the Federal Judiciary": At this link.

In early news coverage, Adam Liptak of The New York Times has a news update headlined "High Court, In Big Leap, Plans to Put Filings Online."

Robert Barnes of The Washington Post has a news update headlined "Tech-wary Supreme Court to finally join the digital age."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court to post briefs online but not until 2016 at earliest."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court to adopt 'new' technology, at a tortoise's pace."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court plans to improve access to documents."

The Associated Press reports that "High court to adopt electronic filing of cases."

David McLaughlin of Bloomberg News reports that "U.S. Supreme Court to Put All Documents Online as Soon as 2016."

At WSJ.com's "Washington Wire" blog, Jess Bravin has a post titled "Supreme Court to Post Filings Online -- But Still Prohibit Cameras."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court moving to electronic filing."
Posted at 06:00 PM by Howard Bashman



"O'Malley plans to commute sentences of Maryland's four death row inmates": The Baltimore Sun has this news update.

And The Washington Post has a news update headlined "Gov. O'Malley to commute sentences of Maryland's remaining death-row inmates."
Posted at 04:30 PM by Howard Bashman



"Ariz. high court allows Medicaid challenge to advance": Mary Jo Pitzl of The Arizona Republic has this news update.

Howard Fischer of The Arizona Daily Star has a news update headlined "Court: Arizona lawmakers can challenge Medicaid expansion funding."

And The Associated Press reports that "Arizona Supreme Court allows Medicaid plan lawsuit."

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



"Appeals court rules against local Klan group": The Daily Journal of Park Hills, Missouri has this news update.

And The St. Louis Post-Dispatch reports that "The KKK must stay on the curb in Desloge, Mo."

My earlier coverage of last week's Eighth Circuit ruling can be accessed here.
Posted at 01:28 PM by Howard Bashman



"Another Posner Frolic": Ed Whelan had this post yesterday at National Review Online's "Bench Memos" blog.

To allow easier access to the rehearing petition discussed in Whelan's post, I have uploaded a copy at this link.
Posted at 01:12 PM by Howard Bashman



"Another Misbegotten Reliance on Gonzales v. Raich": Randy Barnett has this post today at "The Volokh Conspiracy."
Posted at 01:05 PM by Howard Bashman


"New Enrollment Numbers Show Importance of Coming Supreme Court Case": Online at The New York Times, Margot Sanger-Katz has a post at "The Upshot" that begins, "A new report from the Obama administration highlights the very high stakes for a challenge to the Affordable Care Act before the Supreme Court."
Posted at 10:32 AM by Howard Bashman


"Nebraska and Oklahoma Take Colorado to the Supreme Court Over Legalized Marijuana": Law professor Michael C. Dorf has this essay online today at Justia's Verdict.
Posted at 08:40 AM by Howard Bashman


"Abortion politics: Baby talk." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 08:32 AM by Howard Bashman


"President Obama abandons Michael Boggs nomination": Burgess Everett of Politico.com has this report.

And The Atlanta Journal-Constitution has a blog post titled "It's over: Obama will not re-nominate Judge Michael Boggs."

Update: In other coverage, Jennifer Bendery of The Huffington Post has a report headlined "It's Official: Obama Won't Renominate Michael Boggs."

And Roll Call has a blog post titled "Georgia Senators: Obama Won't Renominate Michael Boggs."
Posted at 08:27 AM by Howard Bashman



Tuesday, December 30, 2014

So that's how a federal appellate court deals with the U.S. Supreme Court's invitation to respond to a mandamus petition: Earlier this month. the U.S. Supreme Court asked the U.S. Court of Appeals for the Ninth Circuit to respond to a mandamus petition that Arizona had filed in the Supreme Court. You can view the Supreme Court docket entries in the matter at this link.

On rare occasion, a federal appellate court will ask a U.S. District Judge to respond to a mandamus petition. In such instances, it is rather straightforward for the district judge, alone or with the assistance of his or her staff, to prepare such a response.

By contrast, I have never seen a federal appellate court file a response to a mandamus petition pending in the U.S. Supreme Court. Today, the en banc Ninth Circuit issued this per curiam decision that appears to moot the mandamus request that Arizona filed in the U.S. Supreme Court. In other words, today's en banc Ninth Circuit decision grants the very relief that Arizona had requested from the U.S. Supreme Court.

It is quite possible that Arizona will advise the U.S. Supreme Court that its mandamus petition is now moot, which might then relieve the Ninth Circuit from having to respond on or before January 7, 2015. We will know for certain a little over one week from now.
Posted at 11:48 PM by Howard Bashman



"Judge Gorsuch on arrrest warrants and Doppler radar devices": Orin Kerr has this post at "The Volokh Conspiracy" about a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 11:35 PM by Howard Bashman


"Woman can't sue FedEx over pot delivery": Noah Schaffer has this post at Massachusetts Lawyers Weekly about a ruling that the U.S. Court of Appeals for the First Circuit issued today.
Posted at 11:12 PM by Howard Bashman


"Pom Wonderful wins trademark ruling over rival pomegranate drink": Jonathan Stempel of Reuters has this report.

And The Associated Press reports that "Court sides with POM Wonderful in beverage fight."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:08 PM by Howard Bashman



"North Carolina Seeks Supreme Court Review in Voting Case": Rick Hasen has this post at his "Election Law Blog."
Posted at 08:50 PM by Howard Bashman


"Retiring circuit judge, a Carnegie native, 'helped tutor generations'": This past September, Brian Bowling had this profile in The Pittsburgh Tribune-Review of Senior Third Circuit Judge Ruggero J. Aldisert -- who passed away Sunday at the age of 95.

And in July 2003, Judge Aldisert participated in this blog's "20 questions for the appellate judge" feature in a post titled "20 Questions for Senior Circuit Judge Ruggero J. Aldisert of the U.S. Court of Appeals for the Third Circuit."
Posted at 08:40 PM by Howard Bashman



"KKK loses lawsuit on handing pamphlets to drivers in Missouri town": The Los Angeles Times has this report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued last Wednesday.
Posted at 05:20 PM by Howard Bashman


"US Supreme Court takes case, but plaintiff missing": The Associated Press has this report.
Posted at 05:16 PM by Howard Bashman


"Adopted midstate son to become next chief justice of Pa.'s Supreme Court": Jan Murphy of The Patriot-News of Harrisburg, Pennsylvania has this report, along with an article headlined "Pa's incoming chief justice seen as breath of fresh air on scandal-ridden court."

And The Associated Press reports that "Saylor to take over as Pa.'s new chief justice."
Posted at 05:10 PM by Howard Bashman



"Respected former circuit court judge with Carnegie roots dies": Brian Bowling of The Pittsburgh Tribune-Review has a news update that begins, "Ruggero J. Aldisert, a Carnegie native and retired federal judge, died Sunday, a spokeswoman for the 3rd U.S. Circuit Court of Appeals said Tuesday."
Posted at 04:48 PM by Howard Bashman


"Mandatory judicial retirement ages are only ageist if you're old": Columnist Chris Rickert has this essay online today at The Wisconsin State Journal.
Posted at 08:54 AM by Howard Bashman


"Will T. Scott steps down from Kentucky Supreme Court, won't say yet if he will run for governor": This article appears in today's edition of The Lexington Herald-Leader.
Posted at 08:51 AM by Howard Bashman


"The Real Story Behind the Fight for Marriage Equality: A new book from gay rights activist Marc Solomon sets the record straight about how gay marriage victories were really won." E.J. Graff has this post online today at The Daily Beast.
Posted at 08:47 AM by Howard Bashman


"Constitution Check: Is Obama's new immigration policy constitutional, or not?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:45 AM by Howard Bashman


"State Supreme Court Justice Stevens confirms run for seat": Today's edition of The Standard Speaker of Hazleton, Pennsylvania contains an article that begins, "Pennsylvania Supreme Court Justice Correale F. Stevens of Sugarloaf Township is running for election to the post he was appointed to two years ago."
Posted at 08:41 AM by Howard Bashman


"The 10 Worst Civil Liberties Violations of 2014: It's been an exceptionally awful year." Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.
Posted at 08:37 AM by Howard Bashman


"Florida attorney general seeks clarity from judge on gay marriage": Reuters has a report that begins, "One week before gay marriage is set to begin in Florida, the state's attorney general asked a federal judge late on Monday to clarify whether same-sex couples could marry across the state or a court order restricted it to a single, rural county."
Posted at 08:35 AM by Howard Bashman


"Oregon lawmakers could easily dodge Supreme Court ruling on federal exchange, expert says": Today's edition of The Oregonian contains an article that begins, "A prominent opponent of the Affordable Care Act says that unlike many other states, Oregon can easily sidestep a Supreme Court challenge he helped engineer."
Posted at 08:30 AM by Howard Bashman


"Big Question For 2015: Will The Supreme Court Rule On Abortion?" This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 08:24 AM by Howard Bashman


"Court won't reconsider states' citizenship lawsuit": The Associated Press has this report.
Posted at 08:22 AM by Howard Bashman


"Legislature won't let state Supreme Court chief justice give State of the Judiciary speech": This front page article appears in today's edition of The Olympian of Olympia, Washington.
Posted at 08:17 AM by Howard Bashman


Monday, December 29, 2014

"Obama nominees in doubt: Democrats pushed through dozens in December, but Republicans have all the leverage now." Burgess Everett of Politico.com has this report.
Posted at 11:07 PM by Howard Bashman


"Ruling could get man off death row for drug-related killing": Howard Fischer of The Arizona Daily Star has this news update reporting on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 10:06 PM by Howard Bashman


"Dumping judges at the polls emerges as a high-stakes political drama": Brad Cooper of The Kansas City Star has this report.
Posted at 10:03 PM by Howard Bashman


"High court justice still unsure about violent video game ruling": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 10:00 PM by Howard Bashman


In the January 2015 issue of ABA Journal magazine: Mark Walsh has an article headlined "Does the First Amendment allow church to violate town's sign code? SCOTUS to decide."

Lorelei Laird has an article headlined "American Indians challenging eagle feather rules get a boost from 'Hobby Lobby.'"

William C. Smith has an article headlined "International law bar takes aim at overbroad bans on Shariah law."

And the new installment of Bryan A. Garner's "On Words" consists of a Magna Carta style guide.
Posted at 05:30 PM by Howard Bashman



"[W]e conclude that SORNA's registration requirements violate juvenile offenders' due process rights by utilizing the irrebuttable presumption that all juvenile offenders 'pose a high risk of committing additional sexual offenses'": Today's 5-to-1 ruling of the Supreme Court of Pennsylvania consists of a majority opinion and a dissenting opinion.

Update: In early news coverage, Matt Miller of The Patriot-News of Harrisburg, Pennsylvania reports that "Lifetime registration mandate for juvenile sex offenders is unconstitutional, Pa. Supreme Court says."

And The Associated Press reports that "Pa. court upholds York County ruling sparing juveniles from Megan's Law registration."
Posted at 05:02 PM by Howard Bashman



"Ultrasound issue headed to the Court": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 01:44 PM by Howard Bashman


"Court panel a blow to Texas abortion providers": Chuck Lindell of The Austin American-Statesman has this news update.
Posted at 01:35 PM by Howard Bashman


"The Promethean Posner -- An Interview with the Judge's Biographer": Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 11:52 AM by Howard Bashman


"The peril of sounding manly: A look at vocal characteristics of lawyers before the United States Supreme Court." Daniel Chen, Yosh Halberstam, and Alan Yu have written this preliminary draft article (via New Scientist, which links to this abstract of the article).
Posted at 08:30 AM by Howard Bashman


"Emailed porn shakes up state courts as marriage equality sweeps Pennsylvania": Peter Hall has this article in today's edition of The Morning Call of Allentown, Pennsylvania.
Posted at 08:15 AM by Howard Bashman


"Southern Honeymoon: Will Same-Sex Marriage Conquer the Deep South?" Amy Davidson has this Comment in the Talk of the Town section of the January 5, 2015 issue of The New Yorker.
Posted at 08:10 AM by Howard Bashman


"Supreme Court To Hear Case Against Obamacare In 2015": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 08:06 AM by Howard Bashman


Sunday, December 28, 2014

"Federal Antidrug Law Goes Up in Smoke: Irate about harmful spillover from Colorado's marijuana legalization, two neighboring states sue to overturn it." David B. Rivkin Jr. and Elizabeth Price Foley will have this op-ed in Monday's edition of The Wall Street Journal.

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



"Ex-trooper's case could come back to Amarillo": The Amarillo Globe-News has this report on a revised ruling that a two-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued earlier this month.

The third judge who was originally a part of the three-judge panel in this case -- Senior Circuit Judge Carolyn Dineen King -- appears either to have been dismissed from the panel by the other two judges or to have quit the panel in protest. When the panel issued its original decision in the case back on August 28, 2013, Judge King issued a dissent. When the panel issued a revised opinion earlier this month, a footnote to the decision stated that the opinion was being issued by a two-judge quorum.

Lest anyone fear that Judge King became ill, unavailable, or otherwise indisposed, on the same day that the panel issued its revised decision, the Fifth Circuit issued an unpublished order denying rehearing en banc. Although Judge King, as a senior circuit judge, does not get to vote for rehearing en banc, Judge King is noted as joining the dissent from the denial of rehearing en banc, and she also issued her own separate opinion joining that dissent.

If any of this blog's readers have seen anything similar to this happen before on a federal appellate court -- where a judge who disagrees with the outcome of a case is either dismissed from a three-judge panel or quits the panel in protest -- I would be interested in hearing the details via email.
Posted at 10:24 PM by Howard Bashman



"ACA faces key court test over its future": Holly Fletcher will have this article in Monday's edition of The Tennessean.
Posted at 10:00 PM by Howard Bashman


"Plea Bargaining and the Innocent -- A response to Judge Kane and Judge Rakoff": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 01:02 PM by Howard Bashman


"Ruth Bader Ginsburg's 2014 Was Better Than Your 2014": Abby Johnston has this post online at Bustle.
Posted at 12:00 PM by Howard Bashman


"Age restriction forces Justice Cavanagh's retirement": Paul Egan has this article in today's edition of The Detroit Free Press.

And The Lansing State Journal recently reported that "Retiring Supreme Court justice began career in Lansing."
Posted at 11:58 AM by Howard Bashman



"Poll: Omaha bucks state's prevailing sentiment on same-sex marriage." This front page article appears in today's edition of The Omaha Sunday World-Herald.
Posted at 11:56 AM by Howard Bashman


"Gay marriage dynamic in U.S. shifted dramatically in 2014": The Los Angeles Times has an article that begins, "For the first time, a majority of Americans are living in a state that allows gay marriage. After a year of cascading court opinions tossing out many remaining restrictions, the dynamic in 2014 changed from how many states allow same-sex marriage to how many states don't."
Posted at 11:50 AM by Howard Bashman


Another Justice is blind: The Associated Press reports that "Blind judge making history on Michigan's top court."
Posted at 11:32 AM by Howard Bashman


Saturday, December 27, 2014

"'Heartbeat bills' likely to come up in 2015 Legislature": The Wichita Eagle has this report.
Posted at 08:27 PM by Howard Bashman


"Death penalty states unmoved by botched execution": The Associated Press has this report.
Posted at 04:48 PM by Howard Bashman


"Pennsylvania '15 judicial races could be complicated if retirement age extended to 75": The Associated Press has this report.
Posted at 03:42 PM by Howard Bashman


"As U.S. executions decline, Missouri bucks the trend": Tony Rizzo has this front page article in today's edition of The Kansas City Star.
Posted at 03:36 PM by Howard Bashman


Friday, December 26, 2014

"A Split View On Obamacare's Past And Future": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 11:58 PM by Howard Bashman


"How Sonia Sotomayor became the Supreme Court's preeminent defender of civil liberties: The trailblazing justice has carved out an important niche on the high court in just a few short years." Scott Lemieux has this report online today at The Week.
Posted at 11:54 PM by Howard Bashman


"Justices rock on the road, if you can find them": Richard Wolf of USA Today has this report.
Posted at 04:42 PM by Howard Bashman


"Plea Bargaining and the Innocent: It's up to judges to restore balance." Senior U.S. District Judge John L. Kane (D. Colo.) has this essay online today at The Marshall Project.
Posted at 01:26 PM by Howard Bashman


"Audit uncovers accounting issues with Alabama Supreme Court": Earlier this week, WSFA 12 News had an article that begins, "A state audit finds accounting issues at the Alabama Supreme Court and also uncovered that justices were being underpaid."

You can access the audit report via this link.
Posted at 12:58 PM by Howard Bashman



"NC attorney general to seek US Supreme Court review of ultrasound ruling": This article appears in today's edition of The News & Observer of Raleigh, North Carolina.
Posted at 09:10 AM by Howard Bashman


"Why Liberals Should Fear the Supreme Court in 2015: Obamacare, religious freedom, and same-sex marriage equality are all on the judicial agenda." Sam Baker of National Journal has this report today.
Posted at 09:07 AM by Howard Bashman


"Obamacare, Gay Marriage Face Supreme Court in 2015": Pete Williams of NBC News has this report.
Posted at 09:05 AM by Howard Bashman


Thursday, December 25, 2014

"The Best Lawyers Money Can Buy": Friday's edition of The New York Times will contain an editorial that begins, "The United States Supreme Court decides cases involving the nation's most pressing legal issues, affecting the daily lives of hundreds of millions of Americans -- and yet so much about its functioning is shrouded in mystique and exclusivity."
Posted at 11:42 PM by Howard Bashman


"Jerry Brown, Governor of California, Takes Second Chance to Shape Court": Adam Nagourney will have this front page article in Friday's edition of The New York Times.
Posted at 10:54 PM by Howard Bashman


"A New York Court Celebrates Its Status as the Nation's Oldest, but Others Aren't So Sure": Benjamin Weiser will have this article in Friday's edition of The New York Times.
Posted at 10:52 PM by Howard Bashman


"Appeals court rules Staten Island resident toll discount on Verrazano Bridge is constitutional": The Staten Island Advance has this report.

The Associated Press has a report headlined "Appeals court: Staten Island toll discount allowed."

And Courthouse News Service has a report headlined "Chilly Ruling for Luddites on New York City Bridges."

You can access yesterday's per curiam ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 12:42 PM by Howard Bashman



"U.S. prepares to accelerate detainee transfers from Guantanamo Bay prison": Missy Ryan and Adam Goldman have this front page article in today's edition of The Washington Post.
Posted at 11:20 AM by Howard Bashman


"Utahns of the Year: Same-sex marriage plaintiffs; Same-sex marriage plaintiffs will forever be linked to civil rights for gay partners." This front page article appears in today's edition of The Salt Lake Tribune.
Posted at 11:18 AM by Howard Bashman


"To Howard, Doug and Scott: Thank you for the wonderful gifts!" Senior U.S. District Judge Richard G. Kopf has this kind post today at his "Hercules and the Umpire" blog.
Posted at 10:23 AM by Howard Bashman


Wednesday, December 24, 2014

"Cornelia Kennedy: A judge who didn't see discrimination." Emily Bazelon will have this item in "The Lives They Lived" feature in this upcoming Sunday's edition of The New York Times Magazine.
Posted at 10:08 PM by Howard Bashman


"Guantanamo Dreams": Linda Greenhouse has this essay online at The New York Times.
Posted at 09:27 PM by Howard Bashman


"Posner on Case Workloads & Making Judges Work Harder": Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 09:16 AM by Howard Bashman


Tuesday, December 23, 2014

"Doctors shouldn't be compelled to give anti-abortion lectures to patients": The Los Angeles Times today posted online an editorial that begins, "A federal appeals court made the right decision this week when it struck down a key provision in a North Carolina law requiring doctors to perform ultrasounds on women seeking abortions and then both show and describe the sonogram images to them."
Posted at 11:28 PM by Howard Bashman


"Judges could face mandatory retirement age": Dee J. Hall of The Wisconsin State Journal has an article that begins, "Wisconsin voters passed a constitutional amendment requiring the Legislature to set a mandatory retirement age for judges in the state. But for 37 years, no one has ever gotten around to doing it. Until now."
Posted at 09:08 PM by Howard Bashman


"SCOTUSblog on camera: Dahlia Lithwick (Part six)." You can view the video via this link.
Posted at 05:32 PM by Howard Bashman


"Harassment using Internet not free speech, SJC rules": John R. Ellement of The Boston Globe has this news update.

Laurel J. Sweet of The Boston Herald has a news update headlined "'Cyber-harassment' not protected free speech, Mass. high court rules."

You can access today's unanimous ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 05:20 PM by Howard Bashman



"Argentina Fails to Block Subpoenas Over Assets in Bond Case": Bloomberg News has this report.

And The Associated Press has a report headlined "NY court: Argentina, banks must reveal info to US creditors."

You can access today's summary order of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 05:00 PM by Howard Bashman



"Company loses bid for rights to Marvel superheroes": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 04:55 PM by Howard Bashman


"U.S. court narrows mortgage lawsuit against Bank of NY Mellon": Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 04:50 PM by Howard Bashman


"Gay marriage cases teed up for justices' action": Mark Sherman of The Associated Press has this report.
Posted at 04:45 PM by Howard Bashman


"Re: Filibuster Delusions." Ed Whelan has this post today at National Review Online's "Bench Memos" blog.
Posted at 02:23 PM by Howard Bashman


"Willett v. Harrell: The Battle for Appellate Pop-Culture Dominance." Steve Klepper had this post yesterday at the "Maryland Appellate Blog."
Posted at 01:52 PM by Howard Bashman


"Court finds North Korea can be held liable for torture, killing": Michael Doyle of McClatchy Washington Bureau has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:25 PM by Howard Bashman


"EPA prohibited from regulating lead bullets, court rules": The Hill has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

Update: In other coverage, The Associated Press reports that "On lead bullets, judges rule against environmentalists."
Posted at 01:22 PM by Howard Bashman



"Environmental group wins legal challenge over U.S. ozone rule deadlines": Lawrence Hurley of Reuters has this report.

And The Associated Press reports that "Court rejects 2 ozone regulations."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.

Update: In other coverage, Bloomberg News reports that "EPA Ordered to Start Enforcing Rules to Cut Ozone in 2015."
Posted at 01:14 PM by Howard Bashman



"Price native Deno Himonas named to Utah Supreme Court": The Sun Advocate of Price, Utah has this report.
Posted at 11:28 AM by Howard Bashman


"Daughter's suit over tuition goes to higher court": The Associated Press has this report.

The South Jersey Times reports that "No contempt of court for South Jersey parents sued for college tuition."

And today's edition of The Philadelphia Inquirer contains an article headlined "N.J. tuition lawsuit heads to new courtroom venue."
Posted at 11:08 AM by Howard Bashman



"PowerPoint Justice: When prosecutors slide around the law." Ken Armstrong has this article online today at The Marshall Project.
Posted at 08:27 AM by Howard Bashman


"When, if ever, should law clerks betray their bosses?" Will Baude has this post today at "The Volokh Conspiracy."
Posted at 08:24 AM by Howard Bashman


Monday, December 22, 2014

"Court: UDOT violated Constitution with requirements for roadway demonstrations." The Salt Lake Tribune has this news update reporting on a decision that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 11:45 PM by Howard Bashman


"'Million Miler' sues United over perk reduction": This article appeared in The Chicago Tribune back in May 2012.

Today. the majority on a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued a decision affirming the district court's entry of summary judgment in favor of United.
Posted at 11:34 PM by Howard Bashman



"Leondra Kruger approved as new California Supreme Court justice": Bob Egelko of The San Francisco Chronicle has this news update.

Maura Dolan of The Los Angeles Times has a news update headlined "California Supreme Court appointee Kruger wins state panel's approval."

The Sacramento Bee has a news update headlined "Leondra Kruger confirmed to California Supreme Court."

And The Associated Press reports that "California Supreme Court nominee confirmed."
Posted at 11:08 PM by Howard Bashman



"After Botched Execution, Oklahoma to Resume Lethal Injections": Erik Eckholm will have this article in Tuesday's edition of The New York Times.

The Tulsa World has a news update headlined "Federal judge denies request to halt Oklahoma executions."

The Associated Press reports that "Judge OKs Oklahoma's lethal injection protocol."

And Reuters reports that "U.S. judge denies motion seeking halt to executions in Oklahoma."
Posted at 10:44 PM by Howard Bashman



"Republicans' Filibuster Fixation": Jonathan Bernstein has this essay online today at Bloomberg View.
Posted at 10:35 PM by Howard Bashman


"Guantanamo Envoy Cliff Sloan Quits Amid Delays in Prisoner Releases": Helene Cooper will have this article in Tuesday's edition of The New York Times.
Posted at 09:14 PM by Howard Bashman


"Appeals court says NC ultrasound abortion provision unconstitutional": The News & Observer of Raleigh, North Carolina has this update.

The Associated Press reports that "Appeals court strikes down NC abortion law."

Reuters reports that "U.S. court strikes down North Carolina ultrasound abortion law."

And online at Slate, Dahlia Lithwick has a jurisprudence essay titled "North Carolina's Outrageous Abortion Requirement Is Struck Down: A conservative judge sticks up for medical ethics and the First Amendment."

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



"Commission Confirms Appointment to Supreme Court": The Judicial Branch of California issued this news release today.
Posted at 04:48 PM by Howard Bashman


"SCOTUSblog on camera: Dahlia Lithwick (Part five)." You can view the video via this link.
Posted at 01:09 PM by Howard Bashman


"Record Lame Duck Confirmations Pad Obama's Improving Judicial Record": Russell Wheeler has this post today at the "FixGov" blog of the Brookings Institution.
Posted at 11:36 AM by Howard Bashman


"Supreme Court Justices Admit Inconsistency, and Embrace It": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 11:06 AM by Howard Bashman


"Posner on Same-Sex Marriage: Then and Now." Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 09:15 AM by Howard Bashman


"Justices' Blind Eyes to Police Mistakes": Kenneth Jost had this post yesterday at his blog, "Jost On Justice."
Posted at 08:06 AM by Howard Bashman


"Oklahoma Attorney General Scott Pruitt is lighting fuses in Oklahoma": Columnist George F. Will has this essay online at The Washington Post.
Posted at 08:02 AM by Howard Bashman


"California Supreme Court nominee wins high praise from key panel": Bob Egelko of The San Francisco Chronicle recently had this report.
Posted at 07:52 AM by Howard Bashman


"Shirley Abrahamson could be forced out of Supreme Court chief justice role": In today's edition of The Milwaukee Journal Sentinel, Patrick Marley has an article that begins, "The legislative session that convenes in January could be the beginning of the end for state Supreme Court Chief Justice Shirley Abrahamson. Republicans who control the Legislature are considering one measure that could push her out as chief justice and another that would set a retirement age for judges that could remove her from the court entirely."
Posted at 07:49 AM by Howard Bashman


Sunday, December 21, 2014

"A Curious Panel Selection Procedure": Edward Whelan had this Ninth Circuit-related essay in last Monday's issue of the Daily Journal of San Francisco.
Posted at 11:23 PM by Howard Bashman


"Protesters in contempt of court for anti-whaling campaign": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued on Friday.
Posted at 10:54 PM by Howard Bashman


"Florida floating home owner who won US Supreme Court case loses retaliation battle": The Associated Press has this report.
Posted at 10:42 PM by Howard Bashman


"The honeymoon's over: Cote's learning curve at Supreme Court will be steep and swift." The Ottawa Citizen has this report.
Posted at 02:41 PM by Howard Bashman


"Court won't stop lawsuit against Livingston County deputy in dog bite controversy": The Associated Press has this report.

Circuit Judge Jeffrey S. Sutton wrote Friday's ruling for a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.
Posted at 02:35 PM by Howard Bashman



"3rd Circ. Affirms Life Term For NJ Atty In Witness Murder Plot": Kelly Knaub of Law360.com has this report (subscription required for full access) on a non-precedential ruling that the U.S. Court of Appeals for the Third Circuit issued on Thursday.
Posted at 02:28 PM by Howard Bashman


"Nevada Will Delve Into 21st Century Attribution": Adam Klasfeld of Courthouse News Service has a report that begins, "In a case that might forever change attribution in the Digital Age, the 2nd Circuit asked Nevada's highest court on Friday to decide whether linking to an accurately reported story is enough to dodge a defamation suit."

Senior Circuit Judge Guido Calabresi wrote Friday's ruling of the U.S. Court of Appeals for the Second Circuit certifying two questions to the Supreme Court of Nevada.

The first certified question asks: "[D]oes a hyperlink to source material about judicial proceedings in an online petition suffice for purposes of applying the common law fair report privilege?"
Posted at 08:45 AM by Howard Bashman



"Lawsuit May Reshape Tourist Industry in History-Rich Savannah": Alan Blinder has this article in today's edition of The New York Times.
Posted at 08:40 AM by Howard Bashman


Saturday, December 20, 2014

"Texas Supreme Court judge uses 'Ferris Bueller' references in libel case dissent": The Houston Chronicle has this report.

My earlier coverage appears here and here.
Posted at 01:06 PM by Howard Bashman



"Oklahoma plans to use same drugs for upcoming executions": Graham Lee Brewer has this article in today's edition of The Oklahoman.

And today's edition of The Tulsa World contains a front page article headlined "DOC director says state will use same execution drugs; Lethal combo used in April only one available, DOC chief says."

In related news, The Associated Press reports that "Judge dismisses suit on Oklahoma execution access."

I have posted at this link yesterday's ruling of the U.S. District Court for the Western District of Oklahoma on the issue of media access to executions in Oklahoma.
Posted at 12:58 PM by Howard Bashman



"Lawmakers jab Supreme Court: bill would make races partisan": The Seattle Times has this report.
Posted at 12:30 PM by Howard Bashman


"U.S. Supreme Court to hear Gilbert church sign case in Jan." The Arizona Republic has this report.
Posted at 11:14 AM by Howard Bashman


"The Greatest Lawyer Who Ever Lived: He's the brashest, most generous, most foul-mouthed trial attorney in the country; And at 89, Joe Jamail can still command a courtroom, mother%*!$#@." John Spong has this profile in the January 2015 issue of Texas Monthly magazine.
Posted at 11:11 AM by Howard Bashman


Friday, December 19, 2014

"SCOTUSblog on camera: Dahlia Lithwick (Part four)." You can view the video via this link.
Posted at 09:58 PM by Howard Bashman


"Ferris Bueller's day in the Texas Supreme Court": Eugene Volokh has this post at "The Volokh Conspiracy."

My earlier coverage appears at this link.
Posted at 08:40 PM by Howard Bashman



"Review of justices' email after porn scandal finds nothing else inappropriate": Peter Hall of The Morning Call of Allentown, Pennsylvania has this news update.

And Brad Bumsted of The Pittsburgh Tribune-Review has a news update headlined "Email review finds no improper contact between state Supreme Court justices, lawyers."

You can access the report of the special counsel to the Supreme Court of Pennsylvania regarding email exchanges with the Office of Attorney General at this link.
Posted at 02:08 PM by Howard Bashman



"U.S. court backs $2.1 million copyright award for song 'Whoomp!'" Reuters has this report.

My earlier coverage of yesterday's Fifth Circuit ruling can be accessed here.
Posted at 01:36 PM by Howard Bashman



"Two states sue to block Colorado marijuana markets": Lyle Denniston has this post today at "SCOTUSblog."

And at "The Volokh Conspiracy," Jonathan H. Adler has a post titled "Are Nebraska and Oklahoma just fair-weather federalists?"

My round-up posted last night of other news coverage of the lawsuit can be accessed here.
Posted at 01:32 PM by Howard Bashman



"The 'nuclear option' transforms Obama's judicial legacy": James Downie has this entry today at the "PostPartisan" blog of The Washington Post.

And at "Roll Call," Niels Lesniewski has a blog post today titled "How the Nuclear Option Changed the Judiciary."
Posted at 01:23 PM by Howard Bashman



Some of your favorite law blogs and Ferris Bueller's Day Off, forever linked in S.W.3d: Justice Don R. Willett of the Supreme Court of Texas issued this dissent from the denial of review today. In footnote three, Justice Willett's dissent mentions various law blogs, including "How Appealing" and the guy who writes it.

Law professor Eugene Volokh prepared this amicus brief urging the grant of review in the case.
Posted at 01:17 PM by Howard Bashman



"Policing Vanity License Plates Is No Job for an EJIT; It Takes a Trained Eye, a Wide Vocabulary and a Dirty Mind": Jacob Gershman had this article in yesterday's edition of The Wall Street Journal.
Posted at 08:22 AM by Howard Bashman


"Should En Banc Review Correct Obvious Errors?" Richard M. Re has this post at "Re's Judicata."
Posted at 08:07 AM by Howard Bashman


"Lawyer Won't Have to Pay Up After Issuing $1 Million Challenge on TV; Appeals court says the 'offer,' made on NBC's 'Dateline,' was merely a figure of speech": Eriq Gardner has this post at the "Hollywood, Esq." blog of The Hollywood Reporter.

At "Concurring Opinions," Lawrence Cunningham has a post titled "Million Dollar Reward Case Over."

And at "Appellate Briefs," Benjamin Gould has a post titled "A million-dollar challenge isn't a contract, says the Eleventh Circuit."

You can access yesterday's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 08:05 AM by Howard Bashman



"U.S. Appeals Court Expands Gun Rights; Man Committed to Mental Institution Decades Ago Can't Be Blocked From Buying Gun": Ashby Jones of The Wall Street Journal has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued yesterday.

You can freely access the full text of the article via Google.
Posted at 07:52 AM by Howard Bashman



Thursday, December 18, 2014

"Whoomp! (There It Is)" on appeal: Circuit Judge Stephen A. Higginson (whom I had the pleasure of meeting at last month's AJEI Summit in Dallas) issued this ruling today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.

In early news coverage, Law360.com reports that "5th Circ. Affirms $2.1M Verdict In Rap Song Rights Fight" (subscription required for full access).
Posted at 11:58 PM by Howard Bashman



Second Circuit goes all "in": Via the Second Circuit's web site, you can access the text of Federal Rule of Appellate Procedure 35, which governs rehearing en banc.

Unwilling to bow to the pressure of conformity, however, today the Second Circuit issued an order granting rehearing "in banc" in a case. Lest anyone think that might represent an unintentional oversight, today's order invokes the term "in banc" a total of five times.

Back in December 2008, I had a post in which I non-prophetically observed that "[i]n news of significance to appellate geeks everywhere, it appears that the Second Circuit has finally abandoned 'in banc' in favor of 'en banc.'"

Between then and now, I had another seven posts in which, with repeated assists from the Second Circuit, I proved myself wrong (see here, here, here, here, here, here, and here).

Thank you, Second Circuit, for prolonging this controversy. Were it not for you, I might have spent the past 30 minutes covering the actual substance of appellate court rulings issued today.
Posted at 11:50 PM by Howard Bashman



"Terror victims to 2nd Circuit: Let case vs PLO go to trial next month." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 10:54 PM by Howard Bashman


"Broad liability waivers are 'unconscionable,' paralyzed snowboarder can sue Mt. Bachelor, Supreme Court rules": Aimee Green of The Oregonian has this news update.

And The Associated Press reports that "Oregon high court says injured snowboarder can sue."

You can access today's ruling of the Supreme Court of Oregon at this link.
Posted at 10:45 PM by Howard Bashman



"Nebraska and Oklahoma Sue Colorado Over Marijuana Law": Jack Healy will have this article in Friday's edition of The New York Times.

The Los Angeles Times reports that "Nebraska, Oklahoma sue Colorado over legal marijuana."

USA Today reports that "Colorado sued by neighboring states over legal pot."

Nathan Koppel of The Wall Street Journal has a news update headlined "Colorado's Marijuana Law Challenged by Nebraska, Oklahoma; Supreme Court Ruling Sought in Legal Rift Between States." You can freely access the full text of the article via Google.

John Ingold of The Denver Post reports that "Nebraska and Oklahoma sue Colorado over marijuana legalization."

Lori Pilger of The Lincoln Journal Star reports that "Nebraska, Oklahoma sue over Colorado marijuana law."

The Omaha World-Herald reports that "Bruning files lawsuit over Colorado's legalization of marijuana."

The Oklahoman reports that "Oklahoma seeks to snuff out Colorado marijuana sales; State joins with Nebraska in asking U.S. Supreme Court to deem recreational sales unconstitutional."

The Tulsa World reports that "Oklahoma AG Pruitt joins Nebraska suit against Colorado marijuana law."

The Washington Times reports that "Oklahoma, Nebraska ask Supreme Court to overturn Colorado pot law."

The Associated Press reports that "2 states challenge Colorado marijuana legalization."

And Reuters reports that "Neighboring states challenge Colorado pot laws in top U.S. court."
Posted at 10:12 PM by Howard Bashman



"Does judicial disagreement imply ambiguity?" Will Baude had this post yesterday at "The Volokh Conspiracy."
Posted at 09:51 PM by Howard Bashman


The American Academy of Appellate Lawyers opposes amending the Federal Rules of Appellate Procedure to reduce the word limits on briefs and to apply a conversion rate of 250 words per page when switching from a page limit to a word limit: The organization's position paper can accessed at this link.

The organization also posted this comment summarizing its position.
Posted at 09:44 PM by Howard Bashman



"The value of law reviews to judges": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 09:06 PM by Howard Bashman


"SCOTUSblog on camera: Dahlia Lithwick (Part three)." You can view the video via this link.
Posted at 03:02 PM by Howard Bashman


Solicitor General files U.S. Supreme Court invitation brief in generic prescription drug failure to update warning label case initiated in California state court: You can access the CVSG brief filed today in Teva Pharmaceuticals USA, Inc. v. Superior Court of Calif., No. 13-956, at this link.

And thanks to "SCOTUSblog," you can access the other cert.-related documents previously filed in the case via this link.
Posted at 02:56 PM by Howard Bashman



Programming note: This morning, I am visiting an appellate client who is incarcerated in a nearby federal correctional institution. As a result, additional posts will appear here this afternoon.
Posted at 09:06 AM by Howard Bashman


"Judge Kermit Bye to assume senior status on appeals court": The Forum of Fargo-Moorhead, North Dakota has this report.

And The Associated Press reports that "Judge Bye taking senior status on 8th Circuit federal appeals court."
Posted at 07:58 AM by Howard Bashman



"Executions, new death sentences continue to fall": Mark Sherman of The Associated Press has this report.
Posted at 07:54 AM by Howard Bashman


Wednesday, December 17, 2014

Fifth Circuit affirms denial of qualified immunity to Louisiana prison officials in lawsuit filed by Albert Woodfox, who asserts that his nearly 39 years in solitary confinement persists indefinitely without justification or adequate procedural protections: You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 10:23 PM by Howard Bashman


"County loses prayer appeal; Board's next move: File petition asking 2013 injunction be lifted." The Danville (Va.) Register & Bee has this news update.

And The Associated Press reports that "Appeals court tosses Pittsylvania County board prayer case."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 10:14 PM by Howard Bashman



"Myriad Loses Appeals Court Bid to Block Breast Cancer Tests": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 09:58 PM by Howard Bashman


"The Senate Just Cemented Obama's Judicial Legacy": Jennifer Bendery of The Huffington Post has this report.

And today at "The White House Blog," Neil Eggleston has a post titled "Judicial Nominations: Accomplishments and the Work That Lies Ahead."
Posted at 09:44 PM by Howard Bashman



"Guantanamo not part of U.S.-Cuban bargain": Carol Rosenberg of The Miami Herald has a news update that begins, "The Obama administration has no intention of withdrawing from the U.S. Navy base at Guantanamo Bay, Cuba, despite the sudden shift in U.S.-Cuban relations."
Posted at 09:40 PM by Howard Bashman


"Alabama Supreme Court gets dishonorable mention in tort reform group's 'Judicial Hellholes' report": AL.com has this article.

You can access at this link the American Tort Reform Foundation's report titled "Judicial Hellholes 2014-2015."

I usually don't pay much attention to the substance of these reports, but a decision that I won on behalf of one of my appellate clients early this year in the Supreme Court of Pennsylvania is the subject of a "dishonorable mention" in this year's report. I can't say how reliable the rest of this report happens to be, but the report's description of this particular case bears little resemblance to the case's procedural posture and actual holdings.

My earlier coverage of the ruling can be accessed here and here.
Posted at 08:52 PM by Howard Bashman



"Texas takes aim at the First Amendment": George F. Will has this essay online at The Washington Post.
Posted at 08:30 PM by Howard Bashman


"Must Texas Issue Confederate Flag License Plates?" Law professor Michael C. Dorf has this essay online today at Justia's Verdict.

And also today, he has a related post at "Dorf on Law" titled "Informing the Reasonable Observer."
Posted at 01:03 PM by Howard Bashman



"SCOTUSblog on camera: Dahlia Lithwick (Part two)." You can view the video via this link.
Posted at 01:02 PM by Howard Bashman


"Did 'nuclear option' boost Obama's judicial appointments?" Al Kamen and Paul Kane have this entry today at the "In the Loop" blog of The Washington Post.
Posted at 01:00 PM by Howard Bashman


"Unless I'm missing something, this is an exceedingly strange opinion": Today at "The Volokh Conspiracy," Orin Kerr has a post that begins, "I just read Judge Schwab's opinion holding that Obama's executive action on immigration is unconstitutional, and, well, yikes."
Posted at 12:57 PM by Howard Bashman


"Court turns down Arizona on immigrant issue": Lyle Denniston has this updated post at "SCOTUSblog."
Posted at 12:50 PM by Howard Bashman


"What the D.C. Circuit isn't Doing Today": Joey Meyer and Kelly Landis have this post today at the "Text & History Blog" of the Constitutional Accountability Center.
Posted at 11:17 AM by Howard Bashman


"Stage Is Set For Supreme Court Marriage Showdown -- If The Justices Want It": Chris Geidner of BuzzFeed has this report.
Posted at 09:40 AM by Howard Bashman


"Catholic midwives must supervise abortions, Supreme Court decides; Catholic midwives Mary Doogan and Connie Wood lose case against being made to supervise other staff carrying out abortions": The Telegraph (UK) has this news update.

The Guardian (UK) has a news update headlined "Catholic midwives' abortion ruling overturned by supreme court; Judges rule against Mary Doogan and Concepta Wood, who brought case objecting to any involvement in abortions."

The Daily Mail (UK) has a news update headlined "UK's highest court rules two Catholic midwives can not object to being involved in abortions in landmark case."

The Glasgow Evening Times reports that "Supreme Court overturns midwives abortion ruling; The UK's highest court has overturned a ruling made in favour of two Catholic midwives who object to any involvement in abortion procedures."

The Daily Record of Glasgow reports that "Catholic midwives from Glasgow lose abortion case at Supreme Court."

And BBC News reports that "Catholic midwives lose abortion case at UK Supreme Court."

You can access today's ruling of the Supreme Court of the United Kingdom at this link. And a related news release that the court issued can be accessed here.
Posted at 09:20 AM by Howard Bashman



"U.S. Says Judge Questioning Immigration Order Is Wrong": Bloomberg News has this report.
Posted at 09:07 AM by Howard Bashman


"Who bankrolls the Illinois Supreme Court?" Robert A. Clifford had this op-ed recently in The Chicago Tribune.
Posted at 09:04 AM by Howard Bashman


"Jerry Brown calls criticism of Supreme Court pick 'logically deficient'": The Sacramento Bee has this report.

And at WSJ.com's "Law Blog," Jacob Gershman has a post titled "Gov. Brown Dismisses Criticism of Pick for State High Court."
Posted at 09:02 AM by Howard Bashman



"The Slow Death of the Death Penalty: The public supports it, but the costs are lethal." Maurice Chammah has this article online today at The Marshall Project, along with a related article headlined "Six Reasons the Death Penalty is Becoming More Expensive: Experts, experts and more experts."
Posted at 08:52 AM by Howard Bashman


"Dick Cheney's America: Of course Americans are OK with torture; Look at how we treat our prisoners." Jamelle Bouie has this essay online at Slate.
Posted at 08:44 AM by Howard Bashman


"Constitutionality of Artists' Royalty Law Challenged": Pamela A. MacLean has this post on a case reargued yesterday before an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit.

On YouTube, you can view the en banc reargument via this link.

My earlier coverage of the case appears here and here.
Posted at 08:40 AM by Howard Bashman



"On Judicial Reputation: More Questions for Judge Posner." Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 08:30 AM by Howard Bashman


Tuesday, December 16, 2014

"FDA Ruling Blocking Celebrex Generics Voided in Mylan Win": Bloomberg News has this report on a non-precedential ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 09:58 PM by Howard Bashman


"Judge Harry Edwards Is Still Unimpressed With Legal Scholarship": Michael Dorf had this post yesterday at "Dorf on Law."
Posted at 09:50 PM by Howard Bashman


"State high court to take up Doe cases centered on Walker's campaign": Patrick Marley The Milwaukee Journal Sentinel has this news update.

And The Wisconsin State Journal has a news update headlined "Wisconsin Supreme Court agrees to hear 'John Doe' challenges."
Posted at 09:44 PM by Howard Bashman



"Judge Who Axed Obama Immigration Actions Is No Stranger To Controversy": Sahil Kapur has this "5 points" post at TPM.
Posted at 06:14 PM by Howard Bashman


"Review of Damon Root's Overruled: The Long War for Control of the Supreme Court." Ilya Somin has this post at "The Volokh Conspiracy."
Posted at 05:36 PM by Howard Bashman


"Justice Breyer, Symposium Explore Legacies of Magna Carta": Jeanine Cali had this post yesterday at the "In Custodia Legis" blog of the Library of Congress.
Posted at 05:33 PM by Howard Bashman


Double entendre: Howard Fischer of The Arizona Daily Star reports that "Supreme Court orders state to provide incontinence briefs."

Fortunately for their wearers, the briefs will not have to be bound to exacting U.S. Supreme Court standards.
Posted at 05:30 PM by Howard Bashman



"The Supreme Court Ignores the Lessons of Ferguson: As the rest of the country worries about police overreach, the justices give cops yet more latitude." Dahlia Lithwick has this jurisprudence essay online at Slate.

And at Bloomberg View, law professor Noah Feldman has an essay titled "For Police, Ignorance Excuses."
Posted at 04:15 PM by Howard Bashman



"Constitution Check: How much secrecy does the First Amendment give to political donors?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 04:03 PM by Howard Bashman


"Industry's mercury challenge could undermine attack on EPA climate rule": Jeremy P. Jacobs of Greenwire has a report that begins, "If coal companies get their way when the Supreme Court reviews U.S. EPA's air standards for mercury and other hazardous emissions, they could undermine their primary legal challenge to another landmark pollution rule: President Obama's greenhouse gas limits for power plants."
Posted at 04:02 PM by Howard Bashman


"The Case for Justice Anthony Kennedy to Retire": Bill Scher had this essay yesterday at Real Clear Politics.
Posted at 03:54 PM by Howard Bashman


"SCOTUSblog on camera: Dahlia Lithwick (Part one)." You can view the video via this link.
Posted at 03:45 PM by Howard Bashman


"Ruling overturned on sex-change surgery for Mass. inmate": John R. Ellement and Martin Finucane of The Boston Globe have a news update that begins, "A federal appeals court has overturned a ruling that a transgender Massachusetts prison inmate is entitled to taxpayer-funded sex change surgery."

The Boston Herald has a news update headlined "Convicted killer Michelle Kosilek's demand for sex-change operation rejected."

And The Associated Press reports that "Appeals court overturns sex-change for inmate."

You can access today's 117-page, 3-to-2 en banc ruling of the U.S. Court of Appeals for the First Circuit, consisting of a majority opinion and two dissenting opinions, at this link.
Posted at 02:11 PM by Howard Bashman



"District court declares Obama immigration action unconstitutional": Jonathan H. Adler has this post at "The Volokh Conspiracy" discussing a ruling that one of the most politically conservative judges serving on the U.S. District Court for the Western District of Pennsylvania issued today.

Update: In early news coverage, Josh Gerstein of Politico.com has a blog post titled "Obama's immigration actions ruled unconstitutional."

Brian Bowling of The Pittsburgh Tribune-Review has a news update headlined "Judge uses deportation case to say Obama's executive order is unconstitutional."

The Associated Press reports that "US judge says Obama immigration action invalid."

And at WSJ.com's "Washington Wire" blog, Jacob Gershman has a post titled "A Judge Calls Obama's Executive Action on Immigration Unconstitutional."
Posted at 02:00 PM by Howard Bashman



Access online the contents of the Autumn 2014 issue of the Green Bag: Via this link (bobbleheads not included; you need a subscription to receive those).

Speaking of which, in yesterday's mail I received a certificate from the Green Bag for the Chief Justice William Rehnquist bobblehead (Supp. 1).
Posted at 11:20 AM by Howard Bashman



"Senate may confirm up to 88 federal judges": The Associated Press has this report.
Posted at 11:14 AM by Howard Bashman


"Posner pisses off plenty of people on privacy": Senior U.S. District Judge Richard G. Kopf has this alliteratively titled post today at his "Hercules and the Umpire" blog.
Posted at 11:12 AM by Howard Bashman


"Pa. Supreme Court Sides with Cozen O'Connor in Campaign Finance Dispute": Rick Hasen has this post at his "Election Law Blog" noting a decision that the Supreme Court of Pennsylvania issued yesterday.

Update: In other coverage, The Philadelphia Daily news has a report headlined "PA Supreme Court: Law firm can forgive U.S. Rep. Bob Brady's 2007 debt."
Posted at 08:33 AM by Howard Bashman



"A Conversation with Justice Elena Kagan: A conversation between Princeton President Christopher Eisgruber and Supreme Court Justice Elena Kagan" recorded November 20, 2014. You can view the video via this link.
Posted at 08:30 AM by Howard Bashman


"If uncorrected by this Court en banc or the Supreme Court, this decision, and others like it, sends a clear message to litigants: if you don't like the factual findings of a district court, the doors of our Court are wide open to endless retrials on appeal." So writes Circuit Judge Edward C. Prado in a dissent issued yesterday from the U.S. Court of Appeals for the Fifth Circuit's denial of rehearing en banc. The revised three-judge panel's opinion in this environmental case can be accessed here.

In earlier coverage of the three-judge panel's original ruling in the appeal, The Corpus Christi Caller-Times reported that "Court reverses ruling on whooping cranes' deaths."
Posted at 08:20 AM by Howard Bashman



"When the Law Gives Everybody But You a Break": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 07:58 AM by Howard Bashman


"Appeals court rehears copyright case over anti-Muslim film": Victoria Kim of The Los Angeles Times has this report.

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Copyrights, Anti-Muslim Film Rights Collide."
Posted at 07:54 AM by Howard Bashman



Monday, December 15, 2014

"L.A. Porn Film Condom Mandate Survives Industry Challenge": Bloomberg News has this report.

Reuters reports that "Los Angeles porn actors must wear condoms, appeals court rules."

The Associated Press reports that "Appeals court upholds condom use in LA porn films."

At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Adult Film Industry Loses Appeal Over Los Angeles' Condom Law; The 9th Circuit decides that making porn actors wear condoms doesn't run afoul of the First Amendment."

Courthouse News Service reports that "Ninth Circuit Upholds Condom Law For L.A.'s Porn Film Industry."

LA Weekly has a blog post titled "Condoms Do Not Muzzle Free Speech, U.S. Court Rules."

Mark Kernes reports that "Ninth Circuit Panel Upholds Measure B -- At Least Until Trial; Three-judge panel claims it has jurisdiction to review the case despite AHF's lack of standing."

And Rhett Pardon of XBIZ Newswire has reports headlined "Vivid Loses Appeal Over Measure B" and "FSC: Measure B Plaintiffs Looking at Legal Options."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:38 PM by Howard Bashman



View online the video of today's en banc Ninth Circuit oral argument in Garcia v. Google, Inc. On YouTube (a co-defendant in the case) via this link. The video starts early enough that you can see Circuit Judge N. Randy Smith saying his characteristic hellos in the courtroom in advance of the oral argument.* And you can access the documents filed in the case via this link.

In early news coverage, The Associated Press reports that "Lawyer: Free speech at stake in anti-Muslim film."

--
*Update: After this post originally appeared, the video was edited to remove the footage that appeared before the oral argument began.
Posted at 09:06 PM by Howard Bashman



"High court's ideological opposites show mutual affection": Richard Wolf of USA Today has a report from Oxford, Mississippi that begins, "The Supreme Court's most senior and junior justices are ideological opposites, but they agreed on nearly everything here Monday -- including the benefits of having an elite cadre of lawyers who dominate the court's docket."
Posted at 08:42 PM by Howard Bashman


"Pa. Supreme Court affirms $151M wages ruling against Wal-Mart": The Philadelphia Inquirer has a news update that begins, "Walmart and Sam's Club workers in Pennsylvania who worked off-the-clock and worked when they were supposed to be on break, or were forced to skip their breaks will receive $151 million in unpaid wages and damages, Pennsylvania's Supreme Court ruled Monday, upholding lower- and appellate-court decisions."

Today's ruling of the Supreme Court of Pennsylvania consists of a per curiam majority opinion and a dissenting opinion.
Posted at 08:32 PM by Howard Bashman



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

1. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Dart Cherokee Basin Operating Co. v. Owens, No. 13-719. Justice Antonin Scalia issued a dissenting opinion, in which Justices Anthony M. Kennedy and Elena Kagan joined in full and Justice Clarence Thomas joined in large part. And Justice Thomas also issued a dissenting opinion. You can access the oral argument via this link.

2. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Heien v. North Carolina, No. 13-604. Justice Kagan issued a concurring opinion, in which Justice Ginsburg joined. And Justice Sonia Sotomayor issued a dissenting opinion. You can access the oral argument via this link.
Posted at 10:04 AM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases, but the Court did call for the views of the Solicitor General in one case.
Posted at 09:32 AM by Howard Bashman


"Are Supreme Court Justices Too Privileged to Understand Average Americans?" Steven Mazie has this post at the "Praxis" blog of big think.
Posted at 09:16 AM by Howard Bashman


"On Privacy, Free Speech, & Related Matters -- Richard Posner vs David Cole & Others": Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 07:28 AM by Howard Bashman


Sunday, December 14, 2014

"Supreme Court watchers wonder if justices are ready to take a same-sex marriage case": Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 11:12 PM by Howard Bashman


"In It Together? Do recent U.S. Supreme Court decisions on class actions mean less security in numbers?" Seth Stern has this article in the Fall 2014 issue of the Harvard Law Bulletin.
Posted at 09:47 PM by Howard Bashman


"Google, YouTube in key legal battle over anti-Muslim video": Howard Mintz of The San Jose Mercury News has this preview of tomorrow's en banc oral argument before an 11-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

You can access the recent filings in the case via this link.
Posted at 01:54 PM by Howard Bashman



"Privacy is not dead: Microsoft lawyer prepares to take on US government; Brad Smith tells Dominic Rushe US demand for access to customer's emails on server in Dublin strikes at heart of balance between safety and privacy." The Guardian (UK) has this report.
Posted at 11:09 AM by Howard Bashman


"Orthodox Jews back scarf-wearing Muslim in Abercrombie & Fitch case": The Los Angeles Times has this report.
Posted at 10:03 AM by Howard Bashman


Saturday, December 13, 2014

"'La torture pas anticonstitutionnelle', dit le doyen de la Cour supreme US": Yesterday, Radio Television Suisse aired an interview with Justice Antonin Scalia. You can access the audio of a lengthy excerpt from the interview via this link.

And RTS has posted online this article about the interview. According to Google Translate, the headline of the article states,"'Torture not unconstitutional,' said the dean of the US Supreme Court."
Posted at 10:09 PM by Howard Bashman



"Soledad Cross land transfer approved; Law could let landmark stay through private ownership of property": The San Diego Union-Tribune has this report.
Posted at 09:57 PM by Howard Bashman


"Grisly Execution in Oklahoma Detailed in Court Brief": Erik Eckholm will have this article in Sunday's edition of The New York Times.

And The Tulsa World has an article headlined "Botched execution described as 'a cluster,' court filing shows."
Posted at 09:05 PM by Howard Bashman



"Miss. student wins challenge to rap song suspension": The Associated Press has this report on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 05:17 PM by Howard Bashman


"Another Baseless Attack on Health Law": Today's edition of The New York Times contains an editorial that begins, "The opponents of the Affordable Care Act have filed another long-shot lawsuit that could undermine health care reform and force many consumers to pay more for health insurance if the suit succeeds."
Posted at 09:34 AM by Howard Bashman


"Spider-Man patent case headed to Supreme Court": Richard Wolf of USA Today has this report.

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Supreme Court Will Review Case About Spider-Man Toy; The inventor of a device that lets kids pretend they can shoot webs out of the palms of their hands gets to argue why Marvel continues to owe him royalties."
Posted at 09:32 AM by Howard Bashman



"Justices to Decide if a Ban on Life Terms for Juveniles Applies Retroactively": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court will hear case involving life sentences without parole for juveniles."

And David G. Savage of The Los Angeles Times reports that "High court to decide whether young murder convicts can seek freedom."
Posted at 09:24 AM by Howard Bashman



Friday, December 12, 2014

"Former Bush lawyer: U.S. did not consider cumulative effects of 'enhanced interrogation.'" Dan Lamothe has this entry today at the "Checkpoint" blog of The Washington Post.
Posted at 10:02 PM by Howard Bashman


"Holder won't force Risen to reveal source": Josh Gerstein of Politico.com has this report.

And The Associated Press has a report headlined "AP Source: Justice won't ask Risen about source."
Posted at 08:23 PM by Howard Bashman



In Bashman news from Australia: The West Australian has a news update headlined "Masked thugs bash man."
Posted at 08:20 PM by Howard Bashman


"DOJ to SCOTUS: Bankruptcy lawyers can bill for defending their fees." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 08:09 PM by Howard Bashman


"Scalia: Constitution silent on torture." Mark Sherman of The Associated Press has this report.
Posted at 03:15 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 four new cases.

In early news coverage, The Associated Press reports that "Justices to review sentences for young convicts" and "Court will hear dispute over Spider-Man toy."

Greg Stohr of Bloomberg News reports that "Life Sentences for Young Murderers Revisited by U.S. High Court" and "Spider-Man Case at Top Court May Topple Decades-Old Patent Rule."

Lawrence Hurley of Reuters reports that "U.S. justices to hear Louisiana inmate's appeal over sentence" and "U.S. Supreme Court to hear dispute over Spider-Man toy royalties."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to look again at juvenile life sentences."
Posted at 02:43 PM by Howard Bashman



"Illegal Cell Phone Search Invalidates Child Porn Discovery": Pamela A. MacLean had this post yesterday at her "Trial Insider" blog.

Tim Hull of Courthouse News Service reports that "Child-Porn Plea Rested on Illegal Border Search."

And at "The Volokh Conspiracy," Orin Kerr has a post titled "Cell phones exempt from the automobile search exception, Ninth Circuit rules."

You can access yesterday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:32 PM by Howard Bashman



The audio of this week's U.S. Supreme Court oral arguments is now available online: Via this link.
Posted at 01:15 PM by Howard Bashman


"This week, Ruth Bader Ginsburg, who had delivered the toast to [The New Republic] on its hundredth anniversary, sent a private note to one of the departing editors telling him that she had cancelled her subscription." So concludes a post titled "Inside the Collapse of The New Republic" that Ryan Lizza has online today at The New Yorker.
Posted at 01:14 PM by Howard Bashman


"31-year-old associate at big law firm argues before the U.S. Supreme Court": Eugene Volokh had this post yesterday at "The Volokh Conspiracy."
Posted at 01:06 PM by Howard Bashman


"'Senior status' lets federal judges keep working -- for free": This article appears in today's edition of The Boston Globe.
Posted at 12:13 PM by Howard Bashman


"U.S. corporations winning fight over human rights lawsuits": Lawrence Hurley of Reuters has a report that begins, "A landmark U.S. Supreme Court decision in 2013 that made it all but impossible to sue foreign companies in U.S. courts for alleged roles in overseas human rights abuses is proving to be a boon for U.S. firms too, court documents show."
Posted at 12:05 PM by Howard Bashman


"When Judicial Activists Switched Sides: Deference to elected majorities was a Progressive ideal long before modern conservatives picked up the baton." Damon Root has this article in the January 2015 issue of Reason magazine.
Posted at 11:56 AM by Howard Bashman


"Feds in 2-front fight against release of records on CIA 'torture'": Josh Gerstein of Politico.com has this blog post today.
Posted at 11:47 AM by Howard Bashman


"Attorney Faces Rare Sanction from Nation's Highest Court": Jacob Gershman had this post yesterday at WSJ.com's "Law Blog."

And two days ago at his blog, Josh Blackman had a post titled "The Many Briefs of Sigram Schindler Beteiligungsgesellschaft mbH."

This matter seems to exemplify a troublesome issue that litigators, and especially appellate litigators, must frequently confront -- namely, clients that insist on dictating the contents, and sometimes even the specific language, of appellate court briefs.

Of course, clients control the goals of litigation, and on appeal that ordinarily includes deciding what issues should be raised, although the appellate attorney must stress the benefits of raising as few issues as possible and the serious detriment of pursuing weak issues.

Nevertheless, at the end of the day, clients who expect their attorney to file incomprehensible briefs drafted by the client or to otherwise compromise the attorney's credibility before the court (to the likely detriment of that attorney's other clients) need to be educated by the attorney that those are not permissible client demands. And if the client is not willing to refrain from making improper demands on the attorney, then ultimately it is the attorney's obligation to resign from the representation.
Posted at 11:35 AM by Howard Bashman



Thursday, December 11, 2014

"Journalist spotlight: Joan Biskupic on the reporting behind 'The Echo Chamber' series." Reuters Best has posted this interview online.
Posted at 10:08 PM by Howard Bashman


"Court rules Beaver County woman at center of tax dispute can keep her house": The Beaver County (Pa.) Times has this news update.

And The Associated Press reports that "Court overturns house's tax sale over $6.30 bill."

You can access today's ruling of the Commonwealth Court of Pennsylvania at this link.
Posted at 10:02 PM by Howard Bashman



"3rd Circuit Hears Argument in Appeal of Trial Court's 2257 Opinion": Mark Kernes of AVN News has this report.

And XBIZ.com reports that "FSC, Justice Dept. Attorneys Give Arguments in 2257 Appeal."

The U.S. Court of Appeals for the Third Circuit has posted online at this link (21.7 MB mp3 audio file) the audio of Tuesday's oral argument in Free Speech Coalition, Inc. v. Attorney General.
Posted at 09:54 PM by Howard Bashman



"Appeals Court Will Hear About Hollywood Ageism and Dead Lawyers; A date is set for a showdown that attorneys for actress Huong Hoang say 'presents a clash between the culture of Hollywood . . . and the culture of internet companies'": Eriq Gardner has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 09:33 PM by Howard Bashman


"BP Appeals Spill Ruling That May Spell $18 Billion Fine": Bloomberg News has this report.
Posted at 09:27 PM by Howard Bashman


"Police don't need warrants to search cellphones in arrests, top court rules": Sean Fine of The Toronto Globe and Mail has this news update.

The Toronto Star has a news update headlined "Supreme Court allows police to search cellphones without warrants; The ruling is narrowly split; The assenters laid out conditions for search, but lifted emergency circumstances as a precondition; The dissenters vocally opposed it as a violation of privacy."

And The Associated Press has a report headlined "Canada court: police can search a suspect's phone."

You can access today's 4-to-3 ruling of the Supreme Court of Canada at this link.
Posted at 03:35 PM by Howard Bashman



"Elegy for a Hero of Religious Freedom: Al Smith's stand against the power of the state eventually led to new laws protecting an ancient Indian faith." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 02:58 PM by Howard Bashman


"Supreme Court to hear appeal in Khadr case": Sean Fine of The Toronto Globe and Mail has a news update that begins, "The Supreme Court will hear the federal government's appeal of a ruling that would bring Omar Khadr, a convicted Canadian terrorist now held in an Alberta prison, a step closer to freedom."
Posted at 12:12 PM by Howard Bashman


"Appeals Court Deals a Setback to U.S. Crackdown on Insider Trading": Ben Protess and Matthew Goldstein have this front page article in today's edition of The New York Times.

In today's edition of The Wall Street Journal, Christopher M. Matthews has an article headlined "Court Overturns Insider-Trading Convictions, a Blow to Justice Department; Judges Narrow Definition of Insider Trading, Say Prosecutors Took Too Broad a View in Wall Street Crackdown." You can freely access the full text of the article via Google.

The New York Daily News reports that "U.S. Court of Appeals overturns convictions of two hedge-funders accused of insider trading in Dell, Nvidia stock."

The New York Post has an article headlined "It's not insider trading if you have a middleman: court ruling."

USA Today has articles headlined "Court overturns 2 insider trading convictions" and "Insider trading ruling restricts prosecutions."

Bloomberg News reports that "Insider Trading Prosecutions Just Got Harder as Court Raises Bar."

Nate Raymond and Emily Flitter of Reuters report that "Insider trading cases face uphill path after convictions tossed."

The Associated Press reports that "Appeals court deals blow to US in insider cases."

And Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a report titled "Insider trading prosecutions were hollow at the core -- 2nd Circuit."

You can access yesterday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 09:45 AM by Howard Bashman



"President's nominees face do-or-die moment as Congress sets to adjourn": Alexander Bolton of The Hill has this report today.
Posted at 09:28 AM by Howard Bashman


"Court upholds punitive damages in Asarco harassment case": Howard Fischer of The Arizona Daily Star has this report on a unanimous en banc ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.

My post reporting on the original three-judge Ninth Circuit panel's ruling in the case had as its title the opening sentence from the panel majority's opinion, "We must decide whether the Constitution permits a six-figure punitive damage award in a sexual harassment suit where the jury awarded no compensatory damages and only one dollar in nominal damages."
Posted at 09:25 AM by Howard Bashman



"Heavy Lifting: The Supreme Court and Rights for Pregnant Workers." Linda Greenhouse has this essay online at The New York Times.
Posted at 08:55 AM by Howard Bashman


Wednesday, December 10, 2014

"Amicus: Rapper's Intent -- Dahlia Lithwick talks to a scholar about how courts have interpreted rap lyrics, and hears from the lawyer who argued this week's pregnancy discrimination case Young v. UPS." You can access episode seven of Slate's "Amicus" podcast via this link.
Posted at 05:36 PM by Howard Bashman


Access online the contents of the December 2014 issue of the Harvard Law Review: Via this link.
Posted at 12:53 PM by Howard Bashman


"No Momentum for Reinstating Judicial Filibuster": Ed Whelan has this post today at National Review Online's "Bench Memos" blog.
Posted at 12:50 PM by Howard Bashman


"After they rule against you, leave jurors alone": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 12:48 PM by Howard Bashman


"Constitution Check: Is the Court going to take the country back to the 'Lochner era'?" Lyle Denniston had this post yesterday at the "Constitution Daily" blog of the National Constitution Center.
Posted at 12:46 PM by Howard Bashman


"Dollree Mapp, Who Defied Police Search in Landmark Case, Is Dead": This obituary appears in today's edition of The New York Times.
Posted at 12:45 PM by Howard Bashman


"On Free Expression & the First Amendment -- More Questions for Judge Posner": Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 12:40 PM by Howard Bashman


Programming note: For the second morning in a row, an appeal on which I have worked is being argued in the Pa. Superior Court. As a result, additional posts will appear here this afternoon.

At some point this morning, "Concurring Opinions" is scheduled to post the next installment of its ongoing interview with Seventh Circuit Judge Richard A. Posner.
Posted at 06:44 AM by Howard Bashman



Tuesday, December 9, 2014

"Should Judges Be Allowed to Court Campaign Donors? That's what the U.S. Supreme Court will decide in a case that could make judicial elections even more like other political races." Governing.com has this report.
Posted at 10:52 PM by Howard Bashman


In Utah, the living can now marry the dead: The Salt Lake Tribune has an update headlined "Utah court reinstates posthumous marriage; Ogden man's cousins challenged declaration that he had a common law marriage."

And The Deseret News has an update headlined "Utah Supreme Court reinstates Ogden woman's marriage to dead man."

You can access today's ruling of the Supreme Court of Utah at this link.
Posted at 10:48 PM by Howard Bashman



"Pennsylvania Supreme Court justice who retired amid scandal collects $11,000 a month": The Associated Press has this report.
Posted at 10:44 PM by Howard Bashman


"Supreme Court's Missing Man; Plaintiff Whose Case Was Accepted by High Court in Rare Move Has Disappeared": Brent Kendall and Colleen Wilson will have this article in Wednesday's edition of The Wall Street Journal.
Posted at 10:34 PM by Howard Bashman


"Supreme Court hears arguments on diesel tax": USA Today has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Alabama Dept. of Revenue v. CSX Transp., Inc., No. 13-553.
Posted at 10:30 PM by Howard Bashman



"Examining Some of the Risks and Benefits of Appellate E-Filing": This month's installment of my "Upon Further Review" column appears in today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

You can freely access the full text of this month's column via Google.
Posted at 10:14 PM by Howard Bashman



"3rd Circ. Affirms Revival Of Genaera Investor Suit": Cara Salvatore of Law360.com has this report (subscription required for full access) today on a case in which I served as appellate counsel for plaintiff.

Yesterday, the U.S. Court of Appeals for the Third Circuit denied defendants' petitions for panel and en banc rehearing. I previously linked to the rehearing petitions and my client's court-requested answer in opposition thereto in a post you can access here.
Posted at 10:03 PM by Howard Bashman



"How Supreme Court Justice Sonia Sotomayor beat the odds": This interview with Joan Biskupic appeared recently on AMERICA with Jorge Ramos.
Posted at 09:58 PM by Howard Bashman


"When corporations go to SCOTUS, class counsel turn to this man": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 09:56 PM by Howard Bashman


"Court to weigh challenge in suit on Israel attacks": The Associated Press has this report.
Posted at 09:55 PM by Howard Bashman


"Denver nuns say birth-control rules violate their religious beliefs": This article appears in today's edition of The Denver Post.

The U.S. Court of Appeals for the Tenth Circuit has made available online the audio of yesterday's three related oral arguments via this link.
Posted at 09:54 PM by Howard Bashman



"Supreme Court Rejects Jurors' Testimony on Deliberations": Adam Liptak of The New York Times has this news update.

The Argus Leader of Sioux Falls, South Dakota has a news update headlined "U.S. Supreme Court rules on S.D. crash."

And The Associated Press reports that "Justices reject claim of juror dishonesty."

Justice Sonia Sotomayor delivered the opinion for a unanimous Court in Warger v. Shauers, No. 13-517.
Posted at 04:16 PM by Howard Bashman



"Supreme Court Rules Against Worker Pay for Security Waits at Amazon Warehouses": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court rules Amazon doesn't have to pay for after-hours time in security lines."

David G. Savage of The Los Angeles Times has a news update headlined "Workers lose fair-pay case over hours spent in security screenings."

Richard Wolf of USA Today reports that "Justices say security screening after work isn't paid time."

Brent Kendall of The Wall Street Journal has a news update headlined "Supreme Court Stops Amazon Workers' Suit About Overtime; High Court Says Warehouse Employees Not Entitled to Pay While Undergoing Security Screenings." You can freely access the full text of the article via Google.

Sam Hananel of The Associated Press has a report headlined "Court: No pay for Amazon warehouse security checks."

Lawrence Hurley of Reuters reports that "Supreme Court rules no worker pay for security screening."

Greg Stohr of Bloomberg News reports that "Amazon Warehouse Workers Lose at Top Court on Extra Pay."

At "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: No overtime pay for after-work security check."

And in commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled "Supreme Court Doesn't Understand Wage Labor."

Justice Clarence Thomas delivered the opinion of the Court in Integrity Staffing Solutions, Inc. v. Busk, No. 13-433. And Justice Sonia Sotomayor issued a concurring opinion in which Justice Elena Kagan joined.
Posted at 04:02 PM by Howard Bashman



Monday, December 8, 2014

Programming note: On both Tuesday and Wednesday mornings of this week, appeals on which I have worked are being argued in the Superior Court of Pennsylvania. As a result, both tomorrow and Wednesday, new posts will not appear here until the afternoon.

On Tuesday morning, the U.S. Supreme Court is expected to issue one or more opinions in argued cases. Any new opinions can be accessed via this link once the Court posts them online.
Posted at 11:32 PM by Howard Bashman



"Actors Guild Gets Behind Copyrights for Some Performers; With nods to the many actors who played 'Batman' and the actress who plays many roles on 'Orphan Black,' the guild weighs in on a controversial case before a federal appeals court": Eriq Gardner has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 09:45 PM by Howard Bashman


"From Lawyer To Blogger To Novelist: An Interview With David Lat, Author Of Supreme Ambitions." David Lat has this post -- in which he interviews himself -- today at "Above the Law."
Posted at 08:35 PM by Howard Bashman


"Colorado's Interstate Tax Law Gets Harsh Review At Supreme Court Reception": Daniel Fisher has this post at Forbes.com.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Direct Marketing Assn. v. Brohl, No. 13-1032.
Posted at 08:32 PM by Howard Bashman



"Supreme Court Hears Cases on Internet Shopping and Railroads": Adam Liptak will have this article in Tuesday's edition of The New York Times.

In Tuesday's edition of The Washington Post, Robert Barnes will have an article headlined "Court considers whether Amtrak's self-created standards are federal 'regulations.'"

Richard Wolf of USA Today reports that "Justices weigh Amtrak's power over nation's railroads."

Greg Stohr of Bloomberg News reports that "Amtrak's On-Time Metrics Questioned at U.S. Supreme Court."

And online at Bloomberg VIew, law professor Noah Feldman has a post titled "What Amtrak Has in Common With Government."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Department of Transportation v. Association of American Railroads, No. 13-1080.
Posted at 08:27 PM by Howard Bashman



"Argument analysis: Decide or remand? That's the question." Lyle Denniston has this post at "SCOTUSblog."
Posted at 05:28 PM by Howard Bashman


"Judges hear arguments over NSA surveillance": The Associated Press has this report on a case argued today in the U.S. Court of Appeals for the Ninth Circuit.

When the oral argument audio becomes available online, I will link to it. For now, you can view the video of the oral argument on YouTube at this link starting at the 38-minute and 50-second mark.
Posted at 05:22 PM by Howard Bashman



"Religious nonprofits challenge health law": The Associated Press has a report that begins, "In the latest religious challenge to the federal health care law, faith-based organizations that object to covering birth control in their employee health plans argued in federal appeals court Monday that the government hasn't gone far enough to ensure they don't have to violate their beliefs."

A three-judge panel of the U.S. Court of Appeals for the Tenth Circuit heard argument in these three related cases today.
Posted at 03:51 PM by Howard Bashman



"Justices May Review Begging Law (and Ex-Colleague's Opinion)": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:45 PM by Howard Bashman


Ninth Circuit rejects constitutional challenge to Arizona's "admission on motion" rule, which gives bar admission preferences to attorneys licensed to practice law in a state that gives similar preferences to lawyers licensed in Arizona: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:40 PM by Howard Bashman


"Justices seem divided over Amtrak regulatory role": The Associated Press has this report.
Posted at 01:28 PM by Howard Bashman


"Madoff trustee loses appeal on clawbacks": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:15 PM by Howard Bashman


"Chewing over the 'power bar': Biskupic discusses major study of the Supreme Court bar's influence on certiorari." Eric Citron has this post today at "SCOTUSblog."
Posted at 12:20 PM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: At this link. The Court today did not grant review in any new cases.

In early news coverage, The Associated Press reports that "High court rejects BP appeal of spill settlement."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court rejects BP challenge to Gulf spill settlement."

Greg Stohr of Bloomberg News reports that "BP Rejected by U.S. Supreme Court in Challenge to Gulf Payments."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court won't reopen settled BP oil spill case."
Posted at 09:34 AM by Howard Bashman



"On legal education & legal scholarship -- More questions for Judge Posner": Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 09:20 AM by Howard Bashman


"Special Report: At U.S. court of last resort, handful of lawyers dominate docket." Today, Joan Biskupic, Janet Roberts, and John Shiffman of Reuters have a three-part series. Part one, whose headline appears above, can be accessed here.

Part two is headlined "Elite law firms spin gold from getting cases before Supreme Court."

And part three is headlined "In ever-clubbier bar, 8 men emerge as Supreme Court confidants."

You can access the entire series -- titled "The Echo Chamber: A small group of lawyers and its outsized influence at the U.S. Supreme Court" -- including additional sidebars and features via this link.
Posted at 09:16 AM by Howard Bashman



"When Is a Facebook Rant a 'True Threat?'" Kenneth Jost had this post yesterday at his blog, "Jost On Justice."
Posted at 07:20 AM by Howard Bashman


"Judges to hear arguments over NSA surveillance": The Associated Press has a report that begins, "A panel of federal appeals judges in Seattle is considering an Idaho woman's challenge to the National Security Agency's bulk collection of cellphone information."

Once the U.S. Court of Appeals for the Ninth Circuit makes the audio of this oral argument available online, I will link to it.
Posted at 07:18 AM by Howard Bashman



Sunday, December 7, 2014

"Does an Innocent Man Have the Right to Be Exonerated? In the 1980s, Larry Youngblood was wrongfully imprisoned for raping a 10-year-old boy; The way the Supreme Court handled his case had lasting consequences." Marc Bookman has this lengthy article online at The Atlantic.
Posted at 10:18 PM by Howard Bashman


"San Francisco's powerful U.S. appeals court gets new 'Big Sky' leader": Howard Mintz of The San Jose Mercury News has this report.
Posted at 10:12 PM by Howard Bashman


"Military appeals court to hear Kansas HIV case": The Associated Press has a report that begins, "A Kansas airman accused of aggravated assault for exposing multiple sex partners to HIV at swinger parties in Wichita will have his appeal heard this week before the nation's highest military court."
Posted at 08:40 PM by Howard Bashman


"The Bright Guy": Senior U.S. District Judge Richard G. Kopf had this post yesterday at his "Hercules and the Umpire" blog.
Posted at 08:34 PM by Howard Bashman


"5 ways court could thwart Obama": Ben Kamisar of The Hill has this report.
Posted at 08:27 PM by Howard Bashman


"Pessimist's persistence could pay off against Obamacare": Richard Wolf of USA Today has this report.

And David Nather of Politico Magazine has an article headlined "Will Jonathan Gruber Topple Obamacare? The health economist's controversial remarks could undo him and the law he worked so hard to create."
Posted at 08:25 PM by Howard Bashman



"Candidate suggests that out-of-state judges resolve Prosser ethics case": Patrick Marley of The Milwaukee Journal Sentinel has an article that begins, "A Rock County judge running for state Supreme Court wants to ship an ethics case against Justice David Prosser to another state's top court -- an idea that two law professors suggested is legally impossible."
Posted at 08:23 PM by Howard Bashman


"Pleasing the Court With Intrigue: David Lat's 'Supreme Ambitions' Is a Thriller for Lawyers": Alexandra Alter will have this article in Monday's edition of The New York Times.
Posted at 07:56 PM by Howard Bashman


"Now Magazine plans to defy ad ban in new prostitution bill; Alternative newspaper has long published ads promoting sexual services in back pages": The Canadian Press has this report.
Posted at 01:44 PM by Howard Bashman


"Bill aims to keep cross on Mt. Soledad in San Diego, ending dispute": The Los Angeles Times has this report.
Posted at 01:37 PM by Howard Bashman


"The D.C. Circuit's Mandamus Jurisdiction and the Legitimacy of the Military Commissions": Steve Vladeck has this post today at the "Lawfare" blog.
Posted at 01:35 PM by Howard Bashman


"Health coverage subsidies facing court challenge": This article appears in today's edition edition of The Detroit Free Press.
Posted at 01:30 PM by Howard Bashman


"State Supreme Court races will sizzle in 2015": James P. O'Toole has this article in today's edition of The Pittsburgh Post-Gazette.
Posted at 01:22 PM by Howard Bashman


Saturday, December 6, 2014

"In Seven States, Atheists Push to End Largely Forgotten Ban": This article will appear in Sunday's edition of The New York Times.
Posted at 10:07 PM by Howard Bashman


"Big Law Fumbles Are Focus at Federal Circuit": Scott Graham of The Recorder has this report.

You can freely access the full text of the article via Google.
Posted at 02:25 PM by Howard Bashman



How will West Publishing Co. solve this conundrum? Yesterday, a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit disposed of an appeal by an unpublished opinion.

In the same case, however, one of the judges on the panel issued a for-publication concurring opinion. I have never before seen a U.S. Court of Appeals issue a decision that was unpublished, accompanied by the separate opinion of a single judge on the panel that was for-publication. If anyone else has previously seen this, please let me know via email.

Eventually, we will learn if the majority opinion will appear in the Federal Appendix and the concurring opinion, alone, will appear in the Federal Reporter, Third Series.
Posted at 01:58 PM by Howard Bashman



"Gavel Is Passed to Ninth Circuit's New Chief Judge": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit today posted online a report that begins, "Herding cats, taming lions and the wide open spaces of Montana all figured into a warm and humor-filled ceremony marking a changing of the guard at the United States Court of Appeals for the Ninth Circuit."

The Ninth Circuit has posted on YouTube at this link the video of yesterday's gavel-passing ceremony.
Posted at 01:35 PM by Howard Bashman



"Argument preview: A doctrinal trip back to the 1930s?" Lyle Denniston has this post today at "SCOTUSblog."
Posted at 01:23 PM by Howard Bashman


"U.S. Supreme Court to hear mental retardation claim of Baton Rouge convicted killer; Mental retardation, execution eligibility at heart of the matter": This article appears in today's edition of The Advocate of Baton Rouge, Louisiana.
Posted at 01:22 PM by Howard Bashman


"Supreme Court to Hear Cases on License Plates and Mentally Disabled Death Row Inmates": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court to hear Confederate-flag license plate case from Texas."

David G. Savage reports that "Supreme Court to decide on 'Confederate' license plates."

Richard Wolf of USA Today reports that "Supreme Court to rule on controversial license plates."

In today's edition of The Wall Street Journal, Brent Kendall reports that "Supreme Court to Hear Free-Speech Case on Specialty License Plates; State of Texas Seeks to Bar Specialty Plate With Confederate Flag."

Michael Doyle of McClatchy Washington Bureau has a report headlined "Free speech, or a rebel yell? Supreme Court agrees to hear Texas license plate case."

Warren Richey of The Christian Science Monitor has an article headlined "Can states refuse to issue Confederate flag license plates?"

The Dallas Morning News reports that "Texas battle over Confederate flag license plate headed to Supreme Court."

And The Houston Chronicle reports that "U.S. Supreme Court to hear Confederate flag license plate case."
Posted at 01:20 PM by Howard Bashman



"Thurgood Marshall Blasted Police for Killing Black Men With Chokeholds; Thirty years before the NYPD and Eric Garner, the Supreme Court justice took on the LAPD": Dave Gilson has this essay online Thursday at Mother Jones.

And in today's edition of The New York Times, law students Shakeer Rahman and Sam Barr have an op-ed titled "Eric Garner and the Legal Rules That Enable Police Violence."
Posted at 11:52 AM by Howard Bashman



"Experts See Legal Hazards in States' Immigration Suit": Julia Preston has this article in today's edition of The New York Times.
Posted at 11:46 AM by Howard Bashman


"The Ruth Bader Ginsburg Taboo: Democrats don't want to talk about the justice's age or health." Burgess Everett of Politico.com has this report.
Posted at 10:08 AM by Howard Bashman


Friday, December 5, 2014

"Key elements of Rolling Stone's U-Va. gang rape allegations in doubt": T. Rees Shapiro of The Washington Post has this news update.
Posted at 10:22 PM by Howard Bashman


"Law, Economics, and Posner": Michael Dorf has this post today at "Dorf on Law."
Posted at 09:40 PM by Howard Bashman


"The Most Conservative And Most Liberal Elite Law Schools": Oliver Roeder has this post today at FiveThirtyEight.
Posted at 09:36 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 three new cases.

In early news coverage, The Associated Press reports that "Court to review politically charged license plates"; "High court to hear Louisiana death row appeal"; and "Supreme Court takes up Cisco patent dispute."

Greg Stohr of Bloomberg News reports that "Confederate Flag License Plate Case Gets U.S. High Court Review" and "Patent Suit Defense Gets U.S. High Court Review in Cisco Case."

And Lawrence Hurley of Reuters reports that "U.S. justices to hear Confederate license plate free speech case" and "U.S. Supreme Court agrees to hear Cisco patent infringement case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on license plate messages, two other cases."
Posted at 02:34 PM by Howard Bashman



"Obama Harvard Law Professor Tribe Calls Key EPA Rule 'Overreach'; The rule raises 'serious constitutional questions,' he says": Bloomberg News has this report.

You can view law professor Laurence H. Tribe's comments, as filed with the EPA, at this link.
Posted at 01:25 PM by Howard Bashman



"Are Parents Obliged to Pay for College? Strangely, it may depend on whether they're divorced." Law professor John Culhane has this jurisprudence essay online at Slate.
Posted at 01:16 PM by Howard Bashman


Access online the audio of this week's oral arguments at the U.S. Supreme Court: Via this link.
Posted at 01:12 PM by Howard Bashman


Law professor Jeffrey Rosen has departed from The New Republic: So reports Michael Calderone of The Huffington Post this morning in an article headlined "New Republic Exodus: Dozens Of Editors Resign Over Management Changes."
Posted at 01:00 PM by Howard Bashman


"Cybercrime and the Fourth Amendment: Panelists talked about cyber information and the fourth amendment." C-SPAN has posted online the video of yesterday's panel discussion at this Georgetown Law event (second panel).

Participating in the discussion were Seventh Circuit Judge Richard A. Posner, Ninth Circuit Judge M. Margaret McKeown, Deputy Solicitor General Michael R. Dreeben, and law professors David Cole and Orin Kerr.

Yesterday, I had this post linking to news coverage of this panel discussion.
Posted at 11:54 AM by Howard Bashman



"Samsung asks appeals court to throw out $930 million damages in Apple infringement case": Diane Bartz of Reuters has this report.

You can access the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Federal Circuit via this link (18.1 MB mp3 audio file).
Posted at 10:32 AM by Howard Bashman



"Why the Federalism Teachings from the 2012 Obamacare Case Weaken the Challengers' Case in King v. Burwell": Law professor Vikram David Amar has this essay online today at Justia's Verdict.
Posted at 10:26 AM by Howard Bashman


"Vincent McKusick, bright and kind ex-chief justice in Maine, dies at 93; He worked with two of the nation's legendary legal minds, but spent much of an impressive career in his native Maine": This obituary appears on the front page of today's edition of The Portland Press Herald.
Posted at 10:22 AM by Howard Bashman


"Caleb Stegall to be sworn in as Kansas Supreme Court justice Friday": Bryan Lowry of The Wichita Eagle has this report.
Posted at 08:20 AM by Howard Bashman


"UVA Gang Rape Allegations Face Long, Divisive Legal Path": David Glovin of Bloomberg News has this lengthy report today.
Posted at 08:17 AM by Howard Bashman


"Four University Law grads to clerk for Supreme Court; Ties 2010 record, University has sent fourth most clerks since 2005": The Cavalier Daily, the student newspaper of the University of Virginia, has this report.
Posted at 08:16 AM by Howard Bashman


"Supreme Court turns deaf ear to Gosnell": Joseph A. Slobodzian had this article in yesterday's edition of The Philadelphia Inquirer.
Posted at 08:14 AM by Howard Bashman


"Bright celebrates autobiography, birthday": Monday's edition of The Forum of Fargo-Moorhead, North Dakota contained an article that begins, "Judge Myron Bright had a lot to celebrate at his party on Sunday afternoon."
Posted at 08:12 AM by Howard Bashman


"How big is the Supreme Court threat to the ACA? Very big." Business columnist Michael Hiltzik has this essay online at The Los Angeles Times.
Posted at 08:05 AM by Howard Bashman


"New Supreme Court judge challenged on conduct as a lawyer in two cases": In today's edition of The Toronto Globe and Mail, Sean Fine has a front page article that begins, "The newest judge on the Supreme Court of Canada is facing questions about her conduct as a lawyer in two cases. But Prime Minister Stephen Harper's decision to drop public hearings in which legislators ask questions of new judges means the opportunity to scrutinize the story of Suzanne Cote of Montreal is at an end."
Posted at 08:03 AM by Howard Bashman


"David Lat Channels Law Clerk Experience in 'Supreme Ambitions'": Tony Mauro of The National Law Journal has this Supreme Court Brief.
Posted at 07:49 AM by Howard Bashman


Thursday, December 4, 2014

"What constitutes cruel and unusual punishment?" In today's edition of The Los Angeles Times, law professor Robert Smith and G. Ben Cohen have an op-ed that begins, "Should a fisherman face two decades in prison for discarding a few fish at sea? That question is at the core of a statutory interpretation case the Supreme Court heard in November, but it also raises another question: What does 'cruel and unusual punishment' mean today?"
Posted at 10:35 PM by Howard Bashman


"No gay marriage in Miss. during appeals process": The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Same-sex marriages delayed in Mississippi."

You can access today's stay ruling of a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit granting a stay at this link.
Posted at 10:30 PM by Howard Bashman



"Noah Feldman on 'Madison and Frankfurter: Friends, Enemies, and the Meaning of the Constitution'": Harvard Law School recently posted this video on YouTube (via Harvard Law Today).
Posted at 08:35 PM by Howard Bashman


"Those non-random appellate panels? Study finds they're (almost) everywhere." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.

Frankel's article reports on a paper that law professors Adam S. Chilton and Marin K. Levy have posted online at SSRN titled "Challenging the Randomness of Panel Assignment in the Federal Courts of Appeals."
Posted at 07:40 PM by Howard Bashman



"Judge: Give NSA unlimited access to digital data." Grant Gross of PCWorld has a report that begins, "The U.S. National Security Agency should have an unlimited ability to collect digital information in the name of protecting the country against terrorism and other threats, an influential federal judge said during a debate on privacy."

The judge in question is Seventh Circuit Judge Richard A. Posner.
Posted at 06:48 PM by Howard Bashman



"Trademarks: Let the Jury Decide." Law professor Noah Feldman has this essay online at Bloomberg View.

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Hana Financial, Inc. v. Hana Bank, No. 13-1211.
Posted at 01:40 PM by Howard Bashman



"President Obama And The Courts: A Shift In Balance." This audio segment featuring Jeffrey Toobin appeared on today's broadcast of NPR's "Fresh Air."
Posted at 01:35 PM by Howard Bashman


"Ericsson v D-Link: Standards, Patents, and Damages." Jason Rantanen has this post at "Patently-O" discussing a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 01:32 PM by Howard Bashman


"The Ninth Circuit and the right to carry guns: Hello again, Peruta." Eugene Volokh has this post today at "The Volokh Conspiracy."
Posted at 01:27 PM by Howard Bashman


"Judges: This chimp is no man." Robert Gavin of The Times Union of Albany, New York has this news update.

Reuters has a report headlined "Chimps have no human rights: N.Y. court."

And The Associated Press has a report headlined "NY court: Chimps don't have same rights as humans."

You can access today's ruling of the New York Supreme Court, Appellate Division, Third Judicial Department, at this link.
Posted at 01:24 PM by Howard Bashman



"UPS Suit Hinges on an Ambiguous Pregnancy Law": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court hears arguments in pregnant UPS worker's case."

In today's edition of The Los Angeles Times, David G. Savage has an article headlined "Supreme Court acknowledges ambiguity in pregnant workers law."

Richard Wolf of USA Today reports that "Pregnancy discrimination claim faces high-court hurdle."

In today's edition of The Wall Street Journal, Brent Kendall has an article headlined "Supreme Court Hears Arguments in Workplace Pregnancy-Rights Case; Case Examines Whether UPS Violated Pregnant Worker's Rights by Not Accommodating Her Lifting Restrictions."

Warren Richey of The Christian Science Monitor reports that "Pregnant workers' rights: Supreme Court takes up UPS driver's case."

Lawrence Hurley of Reuters reports that "U.S. justices grapple with UPS pregnancy discrimination case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: 'As compared to what?'"

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Young v. United Parcel Service, No. 12-1226.
Posted at 08:24 AM by Howard Bashman



Wednesday, December 3, 2014

"Resentment or Contentment w/Gov's picks?" Ben Shatz has this post today at the "Southern California Appellate News" blog.

Also today, the Judicial Branch of California issued a news release titled "Commission on Judicial Appointments to Consider Appointment to the Supreme Court of California; Confirmation Hearing Set for Monday, December 22, 2014."
Posted at 10:56 PM by Howard Bashman



"Google should pay authors for scanned books, U.S. appeals court told": Reuters has this report.
Posted at 10:48 PM by Howard Bashman


"Heavy Lifting: The Supreme Court is flummoxed by pregnancy discrimination and semicolons." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 10:45 PM by Howard Bashman


"The Right Side of Death: Why some conservatives are changing their minds on capital punishment." Stephanie Slade has this essay online at Reason.
Posted at 10:44 PM by Howard Bashman


"Execution Stayed in Case Of Mental Illness Claim": David Montgomery will have this article in Thursday's edition of The New York Times.

The Los Angeles Times reports that "Federal appeals court stays execution of a schizophrenic Texas man."

USA Today reports that "Court halts execution of mentally ill Texas inmate."

In Thursday's edition of The Wall Street Journal, Nathan Koppel will have an article headlined "Federal Appeals Court Postpones Execution of Texas Man; Lawyers for Convicted Murderer Scott Panetti Argue He Is Too Mentally Ill to Be Put To Death." You can freely access the full text of the article via Google.

The Milwaukee Journal Sentinel reports that "Federal court stays execution of Wisconsin native Scott Panetti."

The Houston Chronicle reports that "Appeals court issues stay in execution of mentally ill man."

The San Antonio Express-News reports that "Tonight's execution halted for schizophrenic death row inmate."

The Texas Tribune reports that "Federal Appeals Court Issues Stay For Panetti."

Reuters reports that "Mentally ill Texas inmate gets last-minute execution stay."

And CNN.com reports that "Court orders Texas killer's execution postponed."
Posted at 10:42 PM by Howard Bashman



"Court Strikes Down Drug Tests for Florida Welfare Applicants": Lizette Alvarez will have this article in Thursday's edition of The New York Times.

The Miami Herald has a news update headlined "Court rejects Florida Gov. Rick Scott's drug testing of welfare recipients."

Greg Bluestein of The Atlanta Journal-Constitution has a blog post titled "Court ruling deals blow to welfare drug-testing law."

News Service of Florida reports that "Court again rejects Rick Scott's bid to drug-test Floridians seeking welfare benefits."

Jonathan Stempel of Reuters reports that "U.S. appeals court voids Florida welfare drug testing law."

And Bloomberg News reports that "Florida Welfare Applicant Drug Testing Barred by Court."

You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link. U.S. District Judge Amy Totenberg (N.D. Ga.) sitting by designation sat on the three-judge Eleventh Circuit panel.
Posted at 10:00 PM by Howard Bashman



"Fed. Circ. Slams Sidley For Blown Deadline In $40M AT&T Case": Erica Teichert of Law360.com has a report (subscription required for full access) that begins, "Three Federal Circuit judges on Wednesday hammered a Sidley Austin LLP attorney for missing a deadline to appeal a $40 million patent verdict against AT&T Inc. after his team overlooked a notice from the lower court, saying attorneys have an obligation to read every order they receive from judges."

You can access the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Federal Circuit via this link (9.58 MB mp3 audio file). Veteran appellate advocate Carter G. Phillips argued the appeal for AT&T.
Posted at 09:33 PM by Howard Bashman



"Missouri Supreme Court hears arguments over gay divorce": The Columbia Daily Tribune has this news update.
Posted at 09:10 PM by Howard Bashman


"The 11th Circuit should give update on Fuller case": This editorial appears online today at The Montgomery (Ala.) Advertiser.
Posted at 09:00 PM by Howard Bashman


"At 7th Circuit, unseen judicial mechanics drive decisions: new paper." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.

Law professor Margaret V. Sachs has posted online at SSRN a paper titled "Superstar Judges as Entrepreneurs: The Untold Story of Fraud-On-The-Market."
Posted at 08:53 PM by Howard Bashman



Programming note: I will be meeting with co-counsel in two separate pending appeals this afternoon. Oral argument will occur in one next week, while in the other the opening brief for appellant is due next week. Consequently, additional posts will appear here tonight.
Posted at 12:20 PM by Howard Bashman


"Appeals court halts Texas execution": The Associated Press has this report on the order that a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today.
Posted at 12:17 PM by Howard Bashman


"Roberts at 10: Roberts's Quiet, But Critical, Votes To Limit Women's Rights." Brianne Gorod has this chapter online today at the Constitutional Accountability Center.
Posted at 12:05 PM by Howard Bashman


"Justices hear pregnancy discrimination case": Mark Sherman of The Associated Press has this report.
Posted at 11:51 AM by Howard Bashman


"A Look at 'Justice Scalia' on the Small Screen": Jess Bravin has this post today at WSJ.com's "Law Blog."
Posted at 11:47 AM by Howard Bashman


"Is Fisher v. University of Texas a Precedent on Jurisdiction?" Richard M. Re had this post yesterday at "Re's Judicata."
Posted at 10:22 AM by Howard Bashman


"The Judge & Company -- Questions for Judge Posner from Judges, Law Professors & a Journalist": Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 09:57 AM by Howard Bashman


"Did UPS Discriminate Against A Pregnant Worker By Letting Her Go?" Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 08:53 AM by Howard Bashman


"The Latest Challenge to Obamacare Should Embarrass Conservative Judges": Brian Beutler has this essay online at The New Republic.
Posted at 08:49 AM by Howard Bashman


"Texas Death Row Case Draws Attention To Mentally Ill Convicts": This audio segment appeared on today's broadcast of NPR's "Morning Edition."

And The Guardian (UK) has an article headlined "Sane enough for Texas: the Lone Star State's history of executing mentally ill inmates; On Wednesday, Scott Panetti will become the latest American prisoner to be put to death in apparent disregard of the constitutional ban on executing the insane."
Posted at 08:47 AM by Howard Bashman



"Missouri Supreme Court hears traffic camera enforcement cases": The St, Louis Post-Dispatch has this report.

And St. Louis Public Radio reports that "Traffic Camera Cases Argued Before Missouri Supreme Court."
Posted at 08:44 AM by Howard Bashman



"Illinois appeals court hears case over Chicago frozen embryos": Tony Briscoe has this article in today's edition of The Chicago Tribune.
Posted at 08:40 AM by Howard Bashman


"Does the First Amendment apply to tour guides?" American Public Media's "Marketplace" has this report today.
Posted at 08:36 AM by Howard Bashman


"How viral videos became the way veterans combat 'stolen valor'": Dan Lamothe has this entry today at the "Checkpoint" blog of The Washington Post.
Posted at 08:32 AM by Howard Bashman


"AstraZeneca Fights Billions in Possible Nexium Damages": Erik Larson and Janelle Lawrence of Bloomberg News have a report that begins, "AstraZeneca Plc, in a first trial since the U.S. Supreme Court ruled drugmakers can be sued over so-called pay-to-delay deals, is fighting to avoid what might be billions of dollars in damages over claims it illegally paid to block generic versions of the heartburn tablet Nexium."
Posted at 08:19 AM by Howard Bashman


Tuesday, December 2, 2014

"11th Circ. Boots Suit Over ACA Employer Mandate Delay": Jeff Overley of Law360.com has a report (subscription required for full access) that begins, "A divided Eleventh Circuit panel on Tuesday axed a challenge to the postponement of the Affordable Care Act's employer mandate, finding that a Florida orthodontics practice failed to show it was legitimately harmed by the delay."

Earlier coverage of the lawsuit is available from Reuters, msnbc, and FloridaWatchdog.org.

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 11:24 PM by Howard Bashman



"Top Senate Republican sees possible major healthcare legislation": Reuters has a report that begins, "The senior Senate Republican on Tuesday raised the possibility of Congress writing comprehensive healthcare legislation if the Supreme Court next year strikes down a subsidy provision of Obamacare."

And WSJ.com's "Washington Wire" blog has a post titled "McConnell: Supreme Court Is Best Hope for Obamacare 'Do Over.'"
Posted at 11:04 PM by Howard Bashman



"Supreme Court Called On to Decipher One Word": Adam Liptak will have this article in Wednesday's edition of The New York Times.

And in Wednesday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court debates meaning of 'accompany' in Dillinger-era law."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Whitfield v. United States, No. 13-9026.
Posted at 11:00 PM by Howard Bashman



"State Supreme Court debates Kissimmee 'stand your ground' case": The Orlando Sentinel has a news update that begins, "Several state Supreme Court justices lamented the vague wording of Florida's 'stand your ground' statute on Tuesday."
Posted at 10:52 PM by Howard Bashman


"Senate Republicans to Look at Requiring 60 Votes, McConnell Says": Bloomberg News has a report that begins, "Senate Republicans next week will consider returning to a 60-vote threshold for advancing most presidential nominees when they take the majority in January, Minority Leader Mitch McConnell said today."
Posted at 10:50 PM by Howard Bashman


"Frankfurter's Papers and History as Art": Michael Dorf had this post yesterday at his blog, "Dorf on Law."
Posted at 09:52 PM by Howard Bashman


"The Supreme Court Justices on Facebook: This week's Elonis v. United States oral arguments as told through social media." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 09:32 PM by Howard Bashman


"What Death Penalty Opponents Don't Get: There are fates worse than death." James Ridgeway and Jean Casella have this essay online at The Marshall Project.
Posted at 09:30 PM by Howard Bashman


"Paul Clement Brief for Arizona in SCOTUS Redistricting Case Filed": Rick Hasen has this post today at his "Election Law Blog" providing a link to the brief.
Posted at 08:05 PM by Howard Bashman


"Lear Jet Justice in West Virginia? A 'Circus Masquerading as a Court.'" Brian Ross and Matt Mosk of the ABC News program Nightline have a report that begins, "As a $90 million jury verdict was wending its way to the West Virginia Supreme Court, the lawyer handling the nursing home abuse case did more than prepare appellate briefs and ready himself for oral arguments."
Posted at 08:00 PM by Howard Bashman


"The Supreme Court, a Bank Robber and a Heart Attack": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 07:48 PM by Howard Bashman


"How Do You Solve a Problem Like Scalia? Set His Dissents to Music; Outspoken Justice Inspires a Different Type of Courtroom Drama; Duet With Ginsburg." Jess Bravin will have this front page article in Wednesday's edition of The Wall Street Journal.
Posted at 07:44 PM by Howard Bashman


"Reverse the outrageous gag order in Don Blankenship criminal case": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 07:40 PM by Howard Bashman


"On life and death, justices show more divisions": Richard Wolf of USA Today has this report.
Posted at 07:33 PM by Howard Bashman


"Arab Bank asks U.S. court to block thousands of terror-finance claims": Nate Raymond of Reuters has this report.
Posted at 05:40 PM by Howard Bashman


"Man in Facebook Threat Case Scrutinized for Note to Prosecutor": Today at WSJ.com's "Law Blog," Brent Kendall has a post that begins, "The man at the center of a Supreme Court case about posting threats on Facebook has caught the attention of U.S. probation officials for more recent comments he allegedly made about cross burning in a prison note to a prosecutor."
Posted at 05:38 PM by Howard Bashman


"Rap's poetic (In)justice: The Supreme Court is finally getting schooled in hip-hop; Music is not a threat to safety." Erik Nielson and Michael Render (aka Killer Mike) had this op-ed in yesterday's edition of USA Today.
Posted at 05:20 PM by Howard Bashman


"5th Circuit Clerk Lyle Cayce Writes Us About Court's Website": William Peacock had this post yesterday at "The FindLaw 5th Circuit News and Information Blog."
Posted at 05:12 PM by Howard Bashman


"Cameras in the Courts Legislation": Tomorrow at 10 a.m. eastern time, C-SPAN will air live coverage of a hearing of the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet.

C-SPAN's related statement in support of televising U.S. Supreme Court oral arguments can be accessed here.
Posted at 05:06 PM by Howard Bashman



"Seventh Circuit Motions Panels Seizing Merits Cases?" Ed Whelan had this post yesterday at National Review Online's "Bench Memos" blog.

Today, in response to that post from yesterday, Whelan has two related posts titled "Chief Judge Wood Responds" and "Judge Easterbrook Responds."
Posted at 05:02 PM by Howard Bashman



"U.S. top court to weigh UPS pregnancy discrimination claim": Lawrence Hurley of Reuters has this report.
Posted at 04:06 PM by Howard Bashman


"Teacher's case against diocese headed to trial": Today's edition of The Journal Gazette of Fort Wayne, Indiana contains an article that begins, "With a ruling from the U.S. 7th Circuit Court of Appeals on Monday afternoon, a case stemming from the use of in vitro fertilization by a local Roman Catholic schoolteacher will head to trial later this month."

You can access yesterday's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 01:18 PM by Howard Bashman



"It's official: Karmeier keeps seat on Illinois Supreme Court." The Belleville News-Democrat has this report.
Posted at 01:04 PM by Howard Bashman


"Argument preview: Pregnancy and workplace equality." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 12:54 PM by Howard Bashman


"Law School Is Buyers' Market, With Top Students in Demand": This article appears in today's edition of The New York Times.
Posted at 12:33 PM by Howard Bashman


"Goodlatte, Conyers monitoring judge's domestic-abuse": In today's edition of The Montgomery (Ala.) Advertiser, Mary Troyan has an article that begins, "Two members of Congress with leading roles in judicial impeachments asked Monday for an update on the investigation into U.S. District Judge Mark Fuller, who was suspended after being arrested for battery of his wife."

Yesterday, the Judiciary Committee of the U.S. House of Representatives issued a news release titled "Goodlatte & Conyers Request Update on Judge Fuller Investigation." A copy of the letter requesting an update can be accessed here.
Posted at 09:51 AM by Howard Bashman



"UI asks Supreme Court to block new trial in law school case": The Associated Press has an article that begins, "University of Iowa law school officials have asked the U.S. Supreme Court to block a second trial over whether they improperly passed over a conservative scholar for a faculty position."
Posted at 08:12 AM by Howard Bashman


"Constitution Check: Will the Supreme Court's future be an election issue in 2016?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:10 AM by Howard Bashman


"Former N.J. Supreme Court Justice Robert Clifford dies at 89": NJ.com has this report.
Posted at 08:09 AM by Howard Bashman


"Supreme Court To Consider Rare Ruling Barring Coverage Of Child Custody Case": Alaine Griffin has this article in today's edition of The Hartford Courant.
Posted at 08:06 AM by Howard Bashman


"New chief brings sound Montana judgment to busiest court": This editorial appears in today's edition of The Billings Gazette.
Posted at 08:00 AM by Howard Bashman


"Pregnant-Worker Rights at Heart of Supreme Court Case": Greg Stohr of Bloomberg News has this report.
Posted at 07:51 AM by Howard Bashman


Monday, December 1, 2014

"Chief Justice Samples Eminem in Online Threats Case": Adam Liptak will have this article in Tuesday's edition of The New York Times.

In Tuesday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court struggles with defining, prosecuting threats on social media."

David G. Savage of The Los Angeles Times reports that "Supreme Court appears unlikely to protect Facebook threats."

At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Supreme Court Chief Justice Quotes Eminem in Weighing What's a 'True Threat' Online; The high court tackles how to interpret statements made on social media."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Justices Struggle To Find Line Between Threats, Free Speech Online."

And this evening's broadcast of the PBS NewsHour contained a segment titled "Supreme Court tests limits of free speech online with case on social media threats" featuring Marcia Coyle of The National Law Journal.
Posted at 07:50 PM by Howard Bashman



"Justice Ginsburg Shouldn't Quit Just Yet": Kevin Bleyer has this essay online today at The Daily Beast.
Posted at 07:40 PM by Howard Bashman


"68": Senior U.S. District Judge Richard G. Kopf has this post at his "Hercules and the Umpire" blog featuring a photograph of him wearing the personalized baseball cap that his law clerks presented to him today on the occasion of his 68th birthday.
Posted at 07:34 PM by Howard Bashman


"Courtroom view: Justice Ginsburg, finding her footing back at work." Mark Walsh has this post today at "SCOTUSblog."
Posted at 05:10 PM by Howard Bashman


"Supreme Court Weighs When Social-Media Threats Become Criminal Acts; Justices Seen Seeking Middle-Ground Approach in Setting Threshold": Brent Kendall of The Wall Street Journal has this news update. You can freely access the full text of the article via Google.

Chris Mondics of The Philadelphia Inquirer has a news update headlined "Supreme Court hears case of Allentown man's Facebook threats."

The Morning Call of Allentown, Pennsylvania has a news update headlined "Supreme Court hears Lehigh Valley Facebook threats case."

Michael Doyle of McClatchy Washington Bureau has an article headlined "Art or prelude to violence? Justices weigh meanings in Facebook rap."

Warren Richey of The Christian Science Monitor has an article headlined "Are Facebook rants threats or free speech? Supreme Court takes up case; The US Supreme Court heard arguments Monday in a case challenging a federal conviction of a man who posted threatening rap lyrics about his estranged wife on social media."

Josh Gerstein of Politico.com has a report headlined "Justice Roberts: Rapper's delight in court? Chief justice questions whether rights might be curtailed in Internet speech case."

The Hill reports that "Supreme Court split on free speech protections for Facebook threats."

MK Mallonee and Pamela Brown of CNN.com report that "Facebook threats case heard at Supreme Court."

National Journal reports that "The Supreme Court Debates Rap Lyrics to Draw a Line on Criminalizing Online Speech; A landmark case heard Monday could help define free speech in the digital age."

The Guardian (UK) reports that "US supreme court debates whether Facebook threats are protected speech; Anthony Elonis was sentenced to jail time for making violent threats against estranged wife, but brought appeal based on grounds comments weren't to be taken seriously."

The Telegraph (UK) has a report headlined "When are violent Facebook posts a crime? The US Supreme Court decides; America's highest court asked to rule on whether an embittered husband's violent Facebook posts were real threats or a sign of harmless frustration."

At the "School Law" blog of Education Week, Mark Walsh has a post titled "U.S. Supreme Court Weighs School Threats on Social Media."

At "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: Taking ownership of an Internet rant."

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Free Speech, Facebook and Gangsta Rap."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Elonis v. United States, No.13-983.
Posted at 04:30 PM by Howard Bashman



"With Vacancies Looming, High Court Increases Productivity": Lizzy McLellann and Max Mitchell will have this article -- in which I and numerous other Pennsylvania-based appellate attorneys are quoted -- in Tuesday's edition of Pennsylvania Law Weekly.

You can freely access the full text of the article via Google.
Posted at 04:15 PM by Howard Bashman



"Mercury rule tests justices' deference to EPA on compliance costs": Jeremy P. Jacobs of Greenwire has this report today.
Posted at 04:05 PM by Howard Bashman


"High court rejects case of Tulsa police officer who refused to attend Islamic event": Chris Casteel of The Oklahoman has this news update.
Posted at 01:55 PM by Howard Bashman


"With executive action, Obama risks losing Chief Justice John Roberts": David G. Savage has this front page article in today's edition of The Los Angeles Times.
Posted at 01:49 PM by Howard Bashman


"U.S. top court wrestles over online threats prosecution": Lawrence Hurley of Reuters has this report.

Sam Hananel of The Associated Press reports that "Supreme Court considers Facebook threats case."

Greg Stohr and David McLaughlin of Bloomberg News report that "Dispute Over Threat on Facebook Divides Supreme Court."

Richard Wolf of USA Today has an article headlined "From rap to Facebook, court wrestles with 'true threats.'"

And The Hill reports that "Supreme Court split on Facebook threat case."
Posted at 01:20 PM by Howard Bashman



"Gavel Passing to Mark Changing of the Guard for Ninth Circuit Court of Appeals": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 01:16 PM by Howard Bashman


"The Mystery of Case Assignment in the Ninth Circuit": Ronald D. Rotunda has this essay online today at Justia's Verdict.
Posted at 10:48 AM by Howard Bashman


"Justice Ginsburg returns to Supreme Court bench after hospitalization": Robert Barnes of The Washington Post has this news update.
Posted at 10:44 AM by Howard Bashman


"The Man Behind the Robes -- A Q&A with Richard Posner": Ronald K.L. Collins has this post today at "Concurring Opinions.

Coincidentally, today marks the 11-year anniversary of the online publication of my "20 questions for the appellate judge" interview with Seventh Circuit Judge Richard A. Posner. I am pleased to report that today's installment of Collins's interview with Judge Posner contains two mentions of my earlier interview.
Posted at 09:48 AM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: At this link. The Court today did not grant review in any new cases.

In Joseph v. United States, No. 13-10639, two Justices -- Anthony M. Kennedy and Sonia Sotomayor -- noted that they voted to grant certiorari. In addition, Justice Elena Kagan issued a statement respecting the denial of certiorari in which Justices Ruth Bader Ginsburg and Stephen G. Breyer joined.

And in Redd v. Chappell, No. 14-6264, Justice Sotomayor issued a statement respecting the denial of certiorari in which Justice Breyer joined.

In early news coverage, The Associated Press reports that "Supreme Court rejects blood transfusion case" and "High Court rejects appeal in Iowa pollution case."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court rejects September 11 environmental appeal."

And at "SCOTUSblog," Lyle Denniston has a post titled "Oft-relisted Ryan v. Hurles denied."
Posted at 09:41 AM by Howard Bashman



"Florida Supreme Court to consider Osceola 'stand your ground' case": Today's edition of The Orlando Sentinel contains a front page article that begins, "An unexpected roadway confrontation between a family from Indiana and a Kissimmee man three years ago could soon reshape the way Florida's 'stand your ground' law is applied in cases throughout the state."
Posted at 08:25 AM by Howard Bashman


"Supreme Court to hear rulemaking challenge": The Hill today has a report that begins, "The Supreme Court will hear arguments in a case this week that could change the federal rule-making process."
Posted at 08:22 AM by Howard Bashman


"Former UPS driver at center of pregnancy discrimination case before Supreme Court": This article appears in today's edition of The Washington Post.

And today's edition of The New York Times contains an editorial titled "Women Who Work."
Posted at 08:20 AM by Howard Bashman



"Supreme Court to debate whether Facebook threats are free speech": David G. Savage has this article in today's edition of The Los Angeles Times.

The Express-Times of Easton, Pennsylvania reports that "U.S. Supreme Court to hear arguments Monday in case of Lower Saucon Township man who made threats via Facebook."

At Gigaom, Jeff John Roberts has an article headlined "Facebook threats and the Supreme Court: a guide to today's case."

Online at Forbes, Eric Goldman has a post titled "When Does Social Media Chatter Become Criminal? Previewing The Supreme Court's 'Elonis' Case."

At The Daily Beast, Geoffrey R. Stone has an essay titled "Does Free Speech Cover Murder Fantasies? The Supreme Court's Definition of a 'Threat.'"

And on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment titled "Is A Threat Posted On Facebook Really A Threat?"
Posted at 08:17 AM by Howard Bashman



"Case highlighted in podcast moves through appeal": The Associated Press has this report.
Posted at 08:02 AM by Howard Bashman


"Off the Hook: Florida fisherman lands in U.S. Supreme Court case weighing government overreach." Eric Staats has this article online at The Naples Daily News.
Posted at 07:58 AM by Howard Bashman


"Roberts on Pivot Again as High Court Weighs Obamacare": Greg Stohr of Bloomberg News has this report today.
Posted at 07:52 AM by Howard Bashman






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