How Appealing

Saturday, January 31, 2015

"Tony Mauro and transparency at the Court": Senior U.S. District Judge Richard G. Kopf had this post yesterday at his "Hercules and the Umpire" blog.
Posted at 10:42 PM by Howard Bashman


Their escape "was the first from any secure federal correctional facility since April 2006": Readers may recall the story of two bank robbery convicts who escaped from the federal Metropolitan Correctional Center, Chicago in December 2012. Wikipedia provides this coverage.

I covered the escape and recapture of the convicts in posts that you can access here, here, here, and here.

Yesterday, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued a decision rejecting the appeal from the sentence imposed for the escape filed by the escapee who eluded recapture the longest.

In February 2014, The Chicago Tribune reported on the sentence that was the subject of this appeal in an article headlined "Jail escapee tells judge to 'stick it' at sentencing."
Posted at 10:33 PM by Howard Bashman



"Amicus: Cameras in the Courtroom -- Two Supreme Court experts explain why they don't buy the justices' arguments that they shouldn't be filmed in action." Slate has today posted online this podcast featuring Dahlia Lithwick.
Posted at 10:05 PM by Howard Bashman


"No executions scheduled for this year; 11 scheduled for 2016": Alan Johnson has this front page article in today's edition of The Columbus Dispatch.

The Cleveland Plain Dealer reports that "Ohio executions will resume in 2016, state announces."

Reuters reports that "Ohio postpones all 2015 executions as it secures new drugs."

And The Associated Press reports that "Ohio reschedules executions for 7 death row inmates."
Posted at 09:48 AM by Howard Bashman



"Federal appeals judge Arthur Alarcon dies in Los Angeles": The Associated Press has this report.
Posted at 09:35 AM by Howard Bashman


"Pom Wonderful loses appeal of FTC's deceptive advertising ruling": The Los Angeles Times has this report.

Brent Kendall of The Wall Street Journal has an article headlined "Pom Wonderful's Ads Were Deceptive, Appeals Court Agrees With FTC; Pomegranate Juice Maker Said Its Products Were Effective in Fighting Heart Disease, Prostate Cancer." You can freely access the full text of the article via Google.

And Michael Doyle of McClatchy Washington Bureau reports that "California pomegranate juice maker loses labeling challenge."
Posted at 09:30 AM by Howard Bashman



"Judge Rendell to take on 'senior status'": In today's edition of The Philadelphia Inquirer, Jeremy Roebuck has an article that begins, "Marjorie O. Rendell, a federal appellate judge and the wife of former Gov. Ed Rendell, said Friday that she plans to leave her spot on the U.S. Court of Appeals for the Third Circuit this summer and devote more time to her foundation for the civic education of area youth."
Posted at 09:15 AM by Howard Bashman


"Prisons reach court-ordered inmate levels a year ahead of schedule": The Sacramento Bee has this report.

The Los Angeles Times reports that "California prisons dip below court-ordered population cap."

The Associated Press reports that "California meets judges' prison crowding goal 1 year early."

And Reuters reports that "California eases prison crowding after years of trying."
Posted at 09:10 AM by Howard Bashman



"Justice Thomas Scolds Circuit Over Unpublished Opinion": David R. Cleveland has this post at the "Appellate Advocacy Blog."
Posted at 08:57 AM by Howard Bashman


Friday, January 30, 2015

Tenth Circuit Judge Jerome A. Holmes recuses himself from decided case, and the remaining two panel members grant rehearing, vacate the panel's decision, and order reassignment to a randomly constituted new panel: Interesting developments today in the U.S. Court of Appeals for the Tenth Circuit in a case that was recently the subject of a column by Andrew Cohen at The Daily Beast titled "Judge Can't Be Trusted With This Man's Life; In 2002, a prosecutor defended the death sentence for a murderer; Now he's a federal judge and refuses to recuse himself in the same case."

I have uploaded today's Tenth Circuit order, which is the subject of the title of this post, at this link.
Posted at 05:40 PM by Howard Bashman



What's happening? Today, a three-judge panel of the Superior Court of Pennsylvania ruled 2-to-1 in favor of my client, the plaintiff in a significant personal injury action, granting the plaintiff a new trial in a case that had originally resulted in a defense verdict. You can access online both the majority opinion and an opinion concurring in part and dissenting in part. For anyone seeking further background, I have also posted my client's opening brief and reply brief on appeal. This appeal was orally argued on December 10, 2014.

And this afternoon, I filed a FRAP 28(j) letter responding to the federal government's citation of new authority during oral argument in the criminal appeal that I argued in the U.S. Court of Appeals for the Third Circuit ten days ago. I have previously linked to my client's appellate briefs in this case and the oral argument audio.
Posted at 05:05 PM by Howard Bashman



"Who is the meanest supreme court justice of all time?" Eric Posner has this blog post today discussing a paper titled "A Quantitative Analysis of Trends in Writing Style on the U.S. Supreme Court" that Keith Carlson, Michael A. Livermore, and Daniel Rockmore have posted online at SSRN.
Posted at 02:40 PM by Howard Bashman


"POM Wonderful Loses Bid to Block FTC Deceptive Ad Claims": Andrew Zajac of Bloomberg News has this report.

Diane Bartz of Reuters reports that "POM Wonderful loses bid to tout health benefits in ads."

The Associated Press reports that "Court upholds deceptive ad claims against POM."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 12:35 PM by Howard Bashman



Thursday, January 29, 2015

"Marriage Equality Without Equivocation: Unless the Supreme Court firmly declares that gay couples deserve equal protection, it risks encouraging state-level obstruction." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 11:00 PM by Howard Bashman


"Pa. Supreme Court faces 'cataclysmic' changes amid vacancies, retirements": Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania has this report, along with an article headlined "Roster of Supreme Court hopefuls 18 deep, but most won't make it to November."
Posted at 10:56 PM by Howard Bashman


"Imprisoned for 30 years, Angola inmate to be released after New Orleans DA cuts deal": The Times-Picayune of New Orleans has this report.

And Reuters reports that "Louisiana inmate with case before top U.S. court freed after 30 years."
Posted at 10:45 PM by Howard Bashman



"After the fact legislative history and the 'Cornhusker kickback'": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 10:32 PM by Howard Bashman


"Court of Appeals Mourns Passing of Senior Circuit Judge Arthur L. Alarcon": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 10:27 PM by Howard Bashman


"Judge in forex MDL supplies roadmap for Libor appeal at 2nd Circuit": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 10:24 PM by Howard Bashman


"Oklahoma official: Executions could resume with other drugs." The Associated Press has this report.
Posted at 10:18 PM by Howard Bashman


"Law Firm Founds Project to Fight 'Revenge Porn'": Matthew Goldstein of The New York Times has this report.
Posted at 10:09 PM by Howard Bashman


"US court in Virginia hears 2 Somali pirates' appeals": The Associated Press has this report.

When it becomes available online, you can access the audio from today's oral arguments at the U.S. Court of Appeals for the Fourth Circuit via this link.
Posted at 10:04 PM by Howard Bashman



"Big cases, but little room at court; Supreme Court touts openness, but with few seats for public, more transparency is needed": Tony Mauro has this essay online at USA Today.
Posted at 06:10 PM by Howard Bashman


"Utah Court Strips Criminal of Right to Counsel, and Some Lawyers Object": Jack Healy has this article in today's edition of The New York Times.

You can access last Friday's per curiam ruling of the Supreme Court of Utah at this link.
Posted at 01:18 PM by Howard Bashman



"Can The Health Care Industry Save Obamacare? Hospitals and insurance companies are coming to the law's defense before the Supreme Court." Sam Baker of National Journal has this report today.
Posted at 01:12 PM by Howard Bashman


"Case Western Reserve University can revoke medical degree because student lacked 'professionalism,' court rules": The Cleveland Plain Dealer has this report, along with an update headlined "Doctor who faces loss of medical degree for lack of 'professionalism' will fight ruling, attorney says."

My earlier coverage of yesterday's Sixth Circuit ruling appears at this link.
Posted at 01:10 PM by Howard Bashman



"Constitution Check: Are state courts bound by federal court rulings on same-sex marriage?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:02 PM by Howard Bashman


"For Lawyers, a Rocky Walk Down the Gay Marriage Aisle; On the verge of an historic decision, feuds erupt over credit and money": Steve Friess of Bloomberg News has this report.
Posted at 08:30 AM by Howard Bashman


"Newly insured urge Supreme Court to reject challenge to subsidies": Maureen Groppe of The Indianapolis Star has this report.
Posted at 08:27 AM by Howard Bashman


"Derry waits on Supreme Court decision before considering panhandling ordinance": The Manchester (N.H.) Union Leader has this report.
Posted at 08:25 AM by Howard Bashman


"Union wants Ohio Supreme Court's Judith French off case, alleging bias": The Columbus Dispatch has this report.
Posted at 08:22 AM by Howard Bashman


"B.C. Supreme Court judge awards dominatrix $1.5 million": Straight.com, a publication of the Vancouver Free Press, has this report.

You can access this month's ruling of the Supreme Court of British Columbia at this link.
Posted at 08:14 AM by Howard Bashman



"Appeals court tosses Greenwich woman's libel claim": The Greenwich (Conn.) Time has this report.

Courthouse News Service reports that "Woman Can't Scrub Arrest From the Internet."

And Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a report titled "No 'right to be forgotten' even if record is expunged: 2nd Circuit."
Posted at 08:11 AM by Howard Bashman



"At Silk Road Trial, Lawyers Fight to Include Evidence They Call Vital: Emoji." Benjamin Weiser has this article in today's edition of The New York Times.

According to the article, "Emoticons figure in a case currently pending before the United States Supreme Court in which an Allentown, Pa., man was convicted of making threats on Facebook after his wife left him. He had claimed that his postings were fictitious, and used emoticons like a face with its tongue sticking out to indicate 'jest.'"
Posted at 08:02 AM by Howard Bashman



"Alabama Chief Justice Roy Moore says federal judge's ruling on gay marriage not binding": Mike Cason of The Birmingham News has an article that begins, "Alabama Supreme Court Chief Justice Roy Moore said today a federal judge's ruling that the state's ban on same-sex marriages is unconstitutional does not mean that probate judges have to issue marriage licenses to same-sex couples."

And in today's edition of The Montgomery Advertiser, Brian Lyman has front page articles headlined "Granade: Probate judges would have to issue same-sex marriage licenses" and "SPLC files ethics complaint against Roy Moore."
Posted at 07:58 AM by Howard Bashman



Wednesday, January 28, 2015

"Supreme Court vacancies stir debate over replacements": Peter Hall will have this article, in which I am quoted, in Thursday's edition of The Morning Call of Allentown, Pennsylvania.

Amy Worden of The Philadelphia Inquirer has a news update headlined "Wolf to name two Supreme Court justices."

And The Standard Speaker of Hazleton, Pennsylvania has a news update headlined "Stevens announces candidacy for Supreme Court."
Posted at 10:46 PM by Howard Bashman



"A Non-Nuclear Option for Supreme Court Nominations": Jonathan Bernstein has this essay online at Bloomberg View.
Posted at 10:40 PM by Howard Bashman


"Same-Sex Marriage Foes Dig In on the State Level": Richard Fausset and Alan Blinder will have this front page article in Thursday's edition of The New York Times.
Posted at 10:10 PM by Howard Bashman


"Justice Sotomayor holds court in student section as U. keynote speaker": The Deseret News has this report.

And The Associated Press reports that "Supreme Court Justice Sonia Sotomayor talks life lessons, mingles with Utah students at speech."
Posted at 10:05 PM by Howard Bashman



"America Hates Terrorists -- But we don't execute them: A short history." Eli Hager has this article online at The Marshall Project.
Posted at 10:04 PM by Howard Bashman


Tonight's DVD selection: "The Internet's Own Boy: The Story of Aaron Swartz."

And last week, The Chicago Tribune had an article headlined "Aaron Swartz documentary, 'The Internet's Own Boy,' comes home."
Posted at 09:57 PM by Howard Bashman



"If you think you don't belong, you're wrong. U.S. Supreme Court Justice Sonia Sotomayor on Wednesday geared the lesson at Latino students and others in a crowd of 6,000 at the University of Utah." So begins an article available online from The Salt Lake Tribune.
Posted at 05:14 PM by Howard Bashman


"Holt v. Hobbs: Does a Muslim Prisoner's Case Foreshadow the End of Affirmative Action?" Dawinder Sidhu has this post today at the "Religion & Politics" blog of the John C. Danforth Center on Religion & Politics of Washington University in St. Louis.
Posted at 05:10 PM by Howard Bashman


"Pennsylvania Bar Association Judicial Evaluation Commission Releases 2015 Judicial Ratings": You can view both the ratings and the appellate court candidates' completed questionnaires via this link.
Posted at 03:38 PM by Howard Bashman


"Supreme Court case on key Obamacare provision takes up this senator's account": Robert Barnes of The Washington Post has this report.
Posted at 03:11 PM by Howard Bashman


"Judge Can't Be Trusted With This Man's Life; In 2002, a prosecutor defended the death sentence for a murderer; Now he's a federal judge and refuses to recuse himself in the same case": Andrew Cohen has this essay online today at The Daily Beast about Tenth Circuit Judge Jerome A. Holmes.
Posted at 03:07 PM by Howard Bashman


"Supreme Court halts 3 upcoming executions in Oklahoma": The Associated Press has this report.

You can access today's order of the U.S. Supreme Court at this link.
Posted at 03:00 PM by Howard Bashman



"Order striking down Alabama's same-sex marriage ban applies to all officials, judge says": AL.com has this report on an order clarifying judgment that the U.S. District Court for the Southern District of Alabama issued today.

And in related news, AL.com also reports that "Southern Poverty Law Center files judicial ethics complaint against Alabama Chief Justice Roy Moore."
Posted at 01:34 PM by Howard Bashman



"Appeals Court Rules News Orgs Don't Have to Remove Stories When Criminal Records Are Expunged; A woman sued media organizations for libel, but there's no 'right to be forgotten' in the United States": Eriq Gardner has this post at the "Hollywood, Esq." blog of The Hollywood Reporter.

And at "The Volokh Conspiracy," Eugene Volokh has a post titled "Statute allowing 'erasure' of arrest records doesn't require newspapers to erase news stories."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:27 PM by Howard Bashman



"Case Western Reserve University continues effort to revoke a doctor's degree in federal appeals court": Karen Farkas had this article in June 2014 in The Cleveland Plain Dealer.

The university has prevailed in a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today. Circuit Judge Jeffrey S. Sutton delivered the opinion on behalf of a unanimous three-judge panel.

Earlier in June 2014, The Plain Dealer published an article headlined "CWRU blocks graduation from med school over 'professionalism' issues; judge orders degree be awarded" reporting on the ruling of the U.S. District Court for the Northern District of Ohio granting a permanent injunction.

In other coverage of the district court's ruling, The Observer -- the student newspaper of Case Western Reserve University -- published an article headlined "Court rules against CWRU in medical student case."

And at the "Minding the Campus" blog, KC Johnson had a post titled "Can Colleges Punish Students for Off-Campus, Non-Criminal Behavior?"
Posted at 01:09 PM by Howard Bashman



"Alabama's Renegade Judge Defies Gay Marriage Order": Law professor Noah Feldman has this essay online at Bloomberg View.

And yesterday, Feldman had an essay titled "Should California Judges Join the Boy Scouts?"
Posted at 11:14 AM by Howard Bashman



"Wolf to fill Supreme Court vacancies, urges passage of non-discrimination bill": The "Commonwealth Confidential" blog of The Philadelphia Inquirer has this post today.
Posted at 11:05 AM by Howard Bashman


"Ballot Talks: The state of Pennsylvania's judiciary." You can access the audio of last Wednesday's broadcast of WHYY-FM's "Radio Times with Marty Moss-Coane" at this link.
Posted at 11:02 AM by Howard Bashman


"Jurors' names ruled public record, SJC says; Top state court says ID's must be included in criminal case files": This article appears in today's edition of The Boston Globe.

The Republican of Springfield, Massachusetts has an article headlined "SJC ruling: Names of jurors must be made public in Massachusetts criminal trials."

And The MetroWest Daily News reports that "Middlesex judge incorrectly withheld juror names in Wayland murder."

You can access yesterday's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 10:25 AM by Howard Bashman



"Filibuster trial balloon goes bust": Burgess Everett of Politico.com has this report today.
Posted at 08:30 AM by Howard Bashman


"Hamm Ex-Wife Says Cashing Alimony Check Doesn't End Appeal": Margaret Cronin Fisk of Bloomberg News has an article that begins, "The ex-wife of Continental Resources Inc.'s Harold Hamm told Oklahoma's highest court that her divorce appeal shouldn't be blocked because she cashed an almost $1 billion alimony check."
Posted at 08:25 AM by Howard Bashman


"Obama's pick for attorney general faces heated confirmation debate": Reuters has this report.

And today's broadcast of NPR's "Morning Edition" contained an audio segment titled "Grassley Leads Senate Judiciary Panel As Loretta Lynch Hearings Begin."
Posted at 08:23 AM by Howard Bashman



"For court of last resort, deadly deadlines loom": Richard Wolf has this article in today's edition of USA Today.

And yesterday at the "Democracy in America" blog of The Economist, Steven Mazie had a post titled "Capital punishment: Caught in the middle."
Posted at 08:20 AM by Howard Bashman



"Supreme Court justice discusses rulings at Naples event": Today's edition of The News-Press of Fort Myers, Florida contains an article that begins, "Wearing a dark suit with a gold tie, the longest-serving justice on the U.S. Supreme Court sat down at a Naples beach hotel Tuesday and discussed his famous rulings."

And The GW Hatchet has an article headlined "U.S. Supreme Court Justices Ginsburg and Scalia will return to Lisner."
Posted at 08:14 AM by Howard Bashman



"A False History: The Rewriting of the Affordable Care Act by the Challengers in King v. Burwell." Eric Segall has this post today at "Dorf on Law."
Posted at 08:04 AM by Howard Bashman


Tuesday, January 27, 2015

"Lawmaker asks would-be SC judges about 'Supreme Being,' gay marriage, equal pay for women": The State of Columbia, South Carolina has this report.
Posted at 11:07 PM by Howard Bashman


"Tories to table life in prison without parole, shifting legal landscape": Sean Fine of The Toronto Globe and Mail has this report.
Posted at 11:05 PM by Howard Bashman


"Marriage of Convenience": Emily Bazelon will have this essay in the February 1, 2015 issue of The New York Times Magazine.
Posted at 10:28 PM by Howard Bashman


In the February 2015 issue of ABA Journal magazine: Steven Seidenberg has an article headlined "Business-method and software patents may go through the looking glass after Alice decision."

David L. Hudson Jr. has an article headlined "3rd Circuit ruling upholds a lawyer's right to post glowing judicial comments about his work."

And Leslie A. Gordon has articles headlined "Legal minds differ on whether The Bluebook is subject to copyright protection" and "New project rewrites SCOTUS opinions from a feminist perspective."
Posted at 10:22 PM by Howard Bashman



Senior D.C. Circuit Judge Laurence H. Silberman lauds the proposal to reduce the word limit for principal appellate briefs from 14,000 words to 12,500 words: Judge Silberman is among the most enthusiastic supporters of the word limit reduction, as you can see from his recently posted comment, which you can access directly by clicking here.

Coincidentally, the current Chair of the Advisory Committee on Appellate Rules -- which has proposed the word limit change -- is Eighth Circuit Judge Steven M. Colloton, a former Silberman clerk.

The period for offering public comments on the pending proposed amendments to the Federal Rules of Appellate Procedure expires exactly three weeks from today, on Tuesday, February 17, 2015. You can comment online via this link.
Posted at 09:16 PM by Howard Bashman



"Georgia Executes Warren Lee Hill for Murder": Alan Blinder of The New York Times has this news update.
Posted at 08:52 PM by Howard Bashman


"Does the Same-Sex Marriage Cert Grant Imperil the Affordable Care Act?" Michael Dorf had this post yesterday at his blog, "Dorf on Law."
Posted at 08:27 PM by Howard Bashman


"Appeals court weighs suit in US Marshals shooting": The Associated Press has this report.
Posted at 08:22 PM by Howard Bashman


"Alabama Chief Justice Roy Moore says he will continue to recognize ban on same-sex marriage": AL.com has this report. You can view today's letter from Alabama's Chief Justice to Alabama's Governor at this link.

Brian Lyman of The Montgomery Advertiser has a news update headlined "Roy Moore denounces same-sex marriage ruling."

Reuters reports that "Alabama Supreme Court chief justice encourages defiance on gay marriage ruling."

And at his "Law News" blog, Lyle Denniston has a post titled "State judge sees 'tyranny' in same-sex marriage rulings."
Posted at 07:30 PM by Howard Bashman



"Supreme Court refuses to halt execution of Ga. man": The Associated Press has a report that begins, "The Supreme Court has refused to halt the execution of a Georgia man whose lawyers say he is ineligible to be executed because he is intellectually disabled."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court allows Georgia execution."

You can view today's order of the U.S. Supreme Court at this link.
Posted at 07:22 PM by Howard Bashman



"Republican state officials cast doubts on anti-Obamacare lawsuit": Greg Sargent has this post today at the "Plum Line" blog of The Washington Post.
Posted at 06:04 PM by Howard Bashman


"Radley Balko and the inexperience of the Justices when it comes to criminal law": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 01:30 PM by Howard Bashman


"Constitution Check: Is the Supreme Court going to rule out lethal-drug executions?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:23 PM by Howard Bashman


"Obama Administration Uses Scalia's 2012 Obamacare Dissent Against Him": Sahil Kapur of TPM DC has this report.
Posted at 09:47 AM by Howard Bashman


"Why Do Judges and Politicians Flip-Flop? To investigate, Cass Sunstein and I conducted a series of surveys." Law professor Eric Posner has this essay online at Slate.
Posted at 09:36 AM by Howard Bashman


"Forget TV, let's put the Supreme Court on YouTube": Jeff John Roberts has this post at Gigaom.
Posted at 09:28 AM by Howard Bashman


"What Obama Can Do if SCOTUS Cripples Obamacare: Experts say the White House couldn't easily restore subsidies in every state." Sam Baker of National Journal has this report.
Posted at 09:25 AM by Howard Bashman


"TSA Whistle-blower's Supreme Court Win Bittersweet After Nine-Year Exile": Matt Stroud of Bloomberg News has this report.
Posted at 09:24 AM by Howard Bashman


"The Supreme Court Meets the Real World": This "Room for Debate" discussion appears online at The New York Times.
Posted at 09:22 AM by Howard Bashman


"Prophet Image at U.S. Supreme Court Shows Taboos Aren't Eternal": Caroline Alexander and Salma El Wardany of Bloomberg News has this report.
Posted at 09:20 AM by Howard Bashman


"After forging her path from N.C. to Brooklyn, Lynch is poised to become attorney general": This front page article appears in today's edition of The Washington Post.
Posted at 08:44 AM by Howard Bashman


"U.S. top court sends patent cases back to appeals court": Lawrence Hurley of Reuters has this report, along with an article headlined "U.S. Supreme Court rejects BP executive's appeal."

And The Associated Press has a report headlined "Justices: No lawsuit against disgraced ex-Detroit judge."
Posted at 08:40 AM by Howard Bashman



"Supreme Court Rules Against Retirees in Union Health Benefits Case": Adam Liptak has this article in today's edition of The New York Times.

David G. Savage of The Los Angeles Times reports that "Supreme Court knocks down promised health benefits for union retirees."

Richard Wolf of USA Today reports that "Supreme Court says retiree health benefits can expire."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Rules Against Union Retirees in Benefits Case; Justices Give Manufacturer Another Chance to Terminate Lifetime Health Benefits for Retirees."

Lawrence Hurley of Reuters reports that "U.S. top court rules for employer in retiree benefits fight."

And The Associated Press reports that "Court rules for company seeking to trim retiree health costs."
Posted at 08:25 AM by Howard Bashman



"Lethal Injection Case in Question as State Seeks New Drug": Greg Stohr of Bloomberg News has this report.
Posted at 08:17 AM by Howard Bashman


Monday, January 26, 2015

"In insider trading appeal, Justice Department makes big concession": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 08:17 PM by Howard Bashman


"U.S. appeals court upholds conviction of Reid fundraiser": Reuters has this report.

And The Associated Press reports that "Conviction upheld over contributions to Sen. Harry Reid."

You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 04:15 PM by Howard Bashman



"Pathways to the Bench: U.S. Court of Appeals Judge Jacqueline H. Nguyen." At the Federal Judiciary Channel of YouTube, you can view the video at this link.
Posted at 04:06 PM by Howard Bashman


"Alabama appeals decision blocking ban on same-sex marriage": The Associated Press has this report.

And Brendan Kirby of The Mobile Press-Register has an article headlined "Mobile women at center of Alabama gay marriage fight celebrate court victory."
Posted at 01:33 PM by Howard Bashman



"Deeply conservative Oklahoma adjusts to sudden arrival of same-sex marriage": Monica Hesse of The Washington Post has this report.
Posted at 01:26 PM by Howard Bashman


"Attorney general asks to stay all scheduled Oklahoma executions; In a Monday filing, the attorney general's office asked for a stay of execution on all three of the state's scheduled lethal injections; The stays were requested in order to await the U.S. Supreme Court's decision on the constitutionality of Oklahoma's lethal cocktail": Graham Lee Brewer of The Oklahoman has this news update.

Cary Aspinwall of The Tulsa World has a news update headlined "OK Attorney General asks Supreme Court to delay executions."

Margaret Cronin Fisk and Greg Stohr of Bloomberg News report that "Oklahoma Seeks Delay of Executions Pending Top Court Review."

The Associated Press reports that "Oklahoma could halt executions for Supreme Court drug review."

And at "SCOTUSblog," Lyle Denniston has a post titled "Oklahoma takes next step on executions."
Posted at 01:24 PM by Howard Bashman



Access online today's ruling of the U.S. Supreme Court in an argued case: Justice Clarence Thomas delivered the opinion for a unanimous Court in M&G Polymers USA, LLC v. Tackett, No. 13-1010. Justice Ruth Bader Ginsburg issued a concurring opinion, in which Justices Stephen G. Breyer, Sonia Sotomayor, and Elena Kagan joined. 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.
Posted at 09:33 AM by Howard Bashman


"Rand Paul's Brand of Judicial Activism": Law professor Cass R. Sunstein has this essay online today at Bloomberg View. The essay begins, "For many decades, the Supreme Court's 1905 decision in Lochner v. New York has ranked among the most universally despised rulings in the history of American law."
Posted at 09:14 AM by Howard Bashman


"Method-of-execution claims and the 'courtesy fifth'": Orin Kerr has this post today at "The Volokh Conspiracy."

I anticipate that the U.S. Supreme Court will not allow executions to proceed in Oklahoma, or in any other state that uses the identical method of execution that the Court has granted certiorari to review, pending a decision on the method's constitutionality. Regardless of the ultimate resolution of the case, which at least theoretically remains up-for-grabs until a decision issues, allowing executions to proceed in the interim will look very, very, very bad for the Court from the perspective of the general public.
Posted at 08:54 AM by Howard Bashman



"NY insider trading ruling tests prosecutors beyond Wall Street": Nate Raymond of Reuters has this news analysis today.
Posted at 08:50 AM by Howard Bashman


"A Twist in the Murder of a 97-Year-Old Man: He Was Knifed 5 Decades Ago." J. David Goodman had this front page article in yesterday's edition of The New York Times.
Posted at 07:48 AM by Howard Bashman


Sunday, January 25, 2015

"Justice Ginsburg Will Receive Radcliffe Medal in May": This article will appear in Monday's edition of The Harvard Crimson.
Posted at 11:42 PM by Howard Bashman


"Ga. inmate who's come close to death 3 times to die Tuesday": The Savannah Morning News has this report.
Posted at 11:40 PM by Howard Bashman


"'Death-qualified' juror search slows marathon, theater cases": The Associated Press has this report.
Posted at 11:35 PM by Howard Bashman


"Gov. Sam Brownback's push to change Kansas Supreme Court seen as linked to school finance": Bryan Lowry of The Wichita Eagle has an article that begins, "Democratic lawmakers and education advocates say Gov. Sam Brownback's push to change the way the state's Supreme Court justices are selected is actually a veiled attack on public education."
Posted at 08:54 PM by Howard Bashman


"Supreme Court to Decide Another Foreign Sovereign Immunities Act Case": Ingrid Wuerth has this post today at the "Lawfare" blog.
Posted at 08:50 PM by Howard Bashman


"Execution Case Highlights the Power of One Vote": Adam Liptak will have this article in Monday's edition of The New York Times.
Posted at 08:35 PM by Howard Bashman


"Amicus: Thank You Not Please; Dahlia Lithwick considers a First Amendment challenge to a law banning judicial candidates from asking for campaign donations; And, the Supreme Court takes up housing segregation." Slate has posted this podcast online today.
Posted at 02:16 PM by Howard Bashman


"Republicans Weigh Expanding 'Nuclear Option' for Supreme Court Nominees": Kristina Peterson had this post yesterday at WSJ.com's "Washington Wire" blog.
Posted at 10:00 AM by Howard Bashman


"The Supreme Court's massive blind spot": Online at The Washington Post, Radley Balko has an essay that begins, "This term, the Supreme Court heard two cases involving the actions of police officers during traffic stops."
Posted at 09:56 AM by Howard Bashman


"Supreme Court chief isn't top dog in his office; his dog is": Jan Murphy of The Patriot-News of Harrisburg, Pennsylvania has this report.
Posted at 09:48 AM by Howard Bashman


Saturday, January 24, 2015

"Same-Sex Marriage Likely, Not Guaranteed, Law School Profs Predict": This article appeared earlier this week in The Harvard Crimson.
Posted at 10:24 PM by Howard Bashman


"Why Adnan Syed of 'Serial' Should Have Pleaded Guilty": Law professor JaneAnne Murray had this op-ed in yesterday's edition of The New York Times.
Posted at 10:18 PM by Howard Bashman


"Can a baker refuse to make an anti-gay cake?" Michael McGough has this essay online at The Los Angeles Times.

And at "The Volokh Conspiracy," Eugene Volokh has a post titled "No, bakeries don't have to take orders for cakes that say 'God Hates Gays.'"
Posted at 06:57 PM by Howard Bashman



"Obama's renewed push to close Guantanamo prison is seen as promising": Carol J. Williams has this front page article in today's edition of The Los Angeles Times.

In related coverage, NPR today has a blog post titled "Closing Gitmo 'Going To Be Very Difficult,' Hagel Says."
Posted at 03:30 PM by Howard Bashman



"Justices to Hear Case Over Drugs Used in Executions": Adam Liptak and Erik Eckholm have this front page article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes and Mark Berman have a front page article headlined "Supreme Court will review lethal injection drug protocol used in executions."

In today's edition of The Los Angeles Times, David G. Savage reports that "Supreme Court will hear challenge to Oklahoma execution drug."

Richard Wolf of USA Today reports that "Supreme Court will review use of lethal injections."

In today's edition of The Wall Street Journal, Jess Bravin reports that "Supreme Court to Review Lethal Injection Protocol in Oklahoma Executions; Justices to Weigh Whether Such Executions Amount to Cruel and Unusual Punishment." You can freely access the full text of the article via Google.

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court to review Oklahoma's three-drug execution method."

Warren Richey of The Christian Science Monitor reports that "Supreme Court to review lethal injections used in Oklahoma executions." p>In today's edition of The Oklahoman, Chris Casteel has a front page article headlined "U.S. Supreme Court to review Oklahoma's execution drugs; In wake of Oklahoma's controversial execution, high court will examine a state's execution procedures for the first time since 2008 to determine whether they risk cruel and unusual punishment."

In today's edition of The Tulsa World, Ziva Branstetter and Cary Aspinwall have a front page article headlined "Supreme Court agrees to review Oklahoma lethal injection challenge; Justices will decide if state's lethal injection protocol constitutional." Aspinwall also has an article headlined "Richard Glossip set for execution Thursday: What does Supreme Court review mean for him?" In addition, the newspaper provides this link to the now-granted petition for writ of certiorari.

And Ariane de Vogue of CNN.com reports that "Supreme Court to review Oklahoma lethal injection procedure."
Posted at 03:26 PM by Howard Bashman



"Attorney general nominee Loretta Lynch shaped by work with Rwanda tribunal": Timothy M. Phelps has this front page article in today's edition of The Los Angeles Times.
Posted at 02:26 PM by Howard Bashman


"Court: Judges can't belong to Scouts due to gay ban." Bob Egelko has this front page article in today's edition of The San Francisco Chronicle.

The Los Angeles Times reports that "California judges barred from Boy Scouts over anti-gay discrimination."

The Washington Times reports that "Boy Scouts participation off limits to judges, says California Supreme Court."

And The Associated Press reports that "California bars judges from Boy Scouts membership."

Yesterday, the Judicial Branch of California issued a news release titled "Supreme Court Eliminates Ethics Exception that Permitted Judges to Belong to Nonprofit Youth Organizations That Discriminate."
Posted at 01:40 PM by Howard Bashman



"Texas Used Junk Science to Restrict Abortion: The state's experts lied -- and they got caught." Kathryn Kolbert has this jurisprudence essay online at Slate.
Posted at 01:30 PM by Howard Bashman


"High-value Guantanamo detainees call home for the first time in nearly a decade; The prison's most dangerous are allowed to speak with their families in heavily monitored calls": Julie Tate and Missy Ryan of The Washington Post have this news update.

And The Edmonton Sun reports that "Khadr will seek to be released on bail; Pending decision of an appeal of his U.S. convictions."
Posted at 11:20 AM by Howard Bashman



"Group that disrupted the Supreme Court posts video": Robert Barnes of The Washington Post has this news update.

And today at WSJ.com's "Washington Wire" blog, Brent Kendall has a post titled "Protest Group Foils Supreme Court on Cameras Again."

Via YouTube, you can view the video here, here, and here.
Posted at 11:02 AM by Howard Bashman



"U.S. Attorney Preet Bharara Challenges Insider Trading Ruling": Matthew Goldstein and Ben Protess have this article in today's edition of The New York Times. According to the article, "since 2012, the Second Circuit has held only one en banc hearing involving as many as 15 appellate judges."

Christopher M. Matthews of The Wall Street Journal reports that "Prosecutors to Appeal Key Insider-Trading Ruling; Review Sought of Appeals-Court Decision in December Limiting Ability to Pursue Cases." You can freely access the full text of the article via Google.

USA Today reports that "Federal prosecutors appeal insider trading ruling."

Nate Raymond of Reuters reports that "U.S. to seek reversal of landmark insider trading ruling."

And Bloomberg News reports that "U.S. to Seek Reversal of Ruling Weakening Insider Cases."

You can view the petition for panel rehearing and rehearing en banc that the prosecution field yesterday in the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 10:42 AM by Howard Bashman



Friday, January 23, 2015

"GOP may abolish Supreme Court filibusters; The Senate move would expand on changes that Democrats made using the 'nuclear option'": Burgess Everett and Seung Min Kim of Politico.com have this report.
Posted at 08:24 PM by Howard Bashman


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

In early news coverage, Mark Sherman of The Associated Press reports that "Justices will review use of midazolam as execution drug."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court to review Oklahoma execution procedure."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on lethal-injection protocol."
Posted at 05:17 PM by Howard Bashman



Judge Posner rejects appeal from Social Security ALJs who are being forced to work harder: You can access Circuit Judge Richard A. Posner's ruling on behalf of a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 02:00 PM by Howard Bashman


"Republicans Know Their Obamacare Case Is Bogus. Here's the Proof." Brian Beutler has this essay online today at The New Republic.
Posted at 01:40 PM by Howard Bashman


"Alan Dershowitz gets support of Harvard professors; Law school faculty criticize lawyers involved in lawsuit": This article appears in today's edition of The Boston Globe.

The Telegraph (UK) reports that "Prince Andrew and Alan Dershowitz take different paths to confronting the same accuser; The Harvard Law professor says he is able to 'get into the dirt' over sex allegations, while the Duke of York must stay above it."

And The Daily Mail (UK) has an article headlined "All aboard the 'Lolita Express': Flight logs reveal the many trips Bill Clinton and Alan Dershowitz took on pedophile Jeffrey Epstein's private jet with anonymous women."
Posted at 01:35 PM by Howard Bashman



Thursday, January 22, 2015

"States Continue Push To Ban Abortions After 20 Weeks": This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 11:00 PM by Howard Bashman


"Scalia is a surprise in Supreme Court challenge to Fair Housing Act": Robert Barnes of The Washington Post has this report.

David G. Savage of The Los Angeles Times reports that "Supreme Court asked to scale back landmark fair housing law."

Richard Wolf of USA Today reports that "Supreme Court may not slash federal housing protection."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Weighs Fair-Housing Lawsuits; Justices Divided Over Moves Against Practices Said to Foster Racial Segregation." You can freely access the full text of the article via Google.

Warren Richey of The Christian Science Monitor reports that "Supreme Court hears Texas case that tests extent of civil rights doctrine."

Michael Lindenberger of The Dallas Morning News reports that "Justices testy as Texas pushes to end use of 'disparate impacts' in housing discrimination cases."

Chris Geidner of BuzzFeed reports that "Supreme Court Skeptical Of Tight Limits On Fair Housing Act; A long-awaited argument brought surprising questions from Justice Antonin Scalia."

The January 24, 2015 issue of The Economist contains an article headlined "Race and the Supreme Court: Disparate dilemma -- The court mulls a controversial theory about how to prove discrimination."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: Scalia versus Scalia on housing law?"
Posted at 10:58 PM by Howard Bashman



"Justices Rule Dismissal of Air Marshal Unlawful": Adam Liptak has this article in today's edition of The New York Times.

Robert Barnes of The Washington Post reports that "Supreme Court says former air marshal did not violate law in whistleblower case."

David G. Savage of The Los Angeles Times reports that "Supreme Court rules for TSA whistle-blower in Orange County."

Richard Wolf of USA Today reports that "Supreme Court sides with former TSA air marshal."

Brent Kendall and Jess Bravin of The Wall Street Journal have an article headlined "Supreme Court Sides With Air Marshal on Whistleblower Protections; Air Marshal Robert MacLean Was Fired for Disclosing TSA Had Reduced Protection on Flights." You can freely access the full text of the article via Google.

The Washington Times has an article headlined "Supreme Court: Feds can't fire whistleblowers for preserving public safety."

The Orange County Register has an article headlined "After losing in lower courts for years, fired Ladera Ranch air marshal prevails in U.S. Supreme Court."

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Rules In Favor Of Air Marshal Whistleblower."

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Supreme Court Gives a Whistle-Blower Some Help."
Posted at 10:36 PM by Howard Bashman



"The People Most at Risk of Losing Insurance in the Supreme Court's Health Ruling": At "The Upshot" blog of The New York TImes, Margot Sanger-Katz has a post that begins, "The people who could lose their health insurance as a result of a Supreme Court decision this year are predominantly white, Southern, employed and middle-aged, according to an Urban Institute analysis."
Posted at 10:09 PM by Howard Bashman


"For Chief Justice John Roberts, anti-Obamacare lawsuit poses major dilemma": Greg Sargent has this interview today with law professor Laurence H. Tribe at the "Plum Line" blog of The Washington Post.

The federal government filed its Brief for Respondents yesterday in the U.S. Supreme Court.
Posted at 10:08 PM by Howard Bashman



"A Taxing Decision: The Supreme Court will rule in favor of gay marriage for the most practical of reasons." Law professor David J. Herzig has this jurisprudence essay online at Slate.
Posted at 10:02 PM by Howard Bashman


"Utah law professor opposes effort by Alan Dershowitz to intervene in victims' rights suit": Pamela Manson has this article in today's edition of The Salt Lake Tribune.

And The New York Daily News has an article headlined "Alan Dershowitz continues to call 'sex slave' Virginia Roberts a 'liar,' as new court docs expose salacious details of Prince Andrew-linked scandal."
Posted at 01:56 PM by Howard Bashman



"The primary question in this case is whether those convictions must be reversed in light of the Power Point presentation the prosecuting attorney used during closing argument." The Supreme Court of Washington State has overturned the conviction in a ruling issued today.

Last month, as I noted in this earlier post, Ken Armstrong had an article online at The Marshall Project titled "PowerPoint Justice: When prosecutors slide around the law."
Posted at 01:32 PM by Howard Bashman



Second Circuit reinstates portion of "observation status" putative class action challenge brought by Medicare beneficiaries: You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:18 PM by Howard Bashman


"A Fighting Word": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 01:14 PM by Howard Bashman


"Protest in the Supreme Court: Keep calm and gavel on." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 07:50 AM by Howard Bashman


"Nullification, Now Coming to the Supreme Court? Mike Huckabee suggests that if the justices rule that gay-marriage bans are unconstitutional, states don't need to listen." David A. Graham has this essay online at The Atlantic.
Posted at 07:48 AM by Howard Bashman


"Law Prof. Douglas Laycock wins Supreme Court case; Opposes Arkansas prison facial hair restrictions": The Cavalier Daily has this report.
Posted at 07:47 AM by Howard Bashman


"Club for Growth asks U.S. Supreme Court to halt John Doe probe": Jason Stein of The Milwaukee Journal Sentinel has this report.

And Dee J. Hall of The Wisconsin State Journal reports that "John Doe investigation appealed to the U.S. Supreme Court."
Posted at 07:46 AM by Howard Bashman



"U.S. Supreme Court hears arguments in Nebraska traffic-stop case": This article appears in today's edition of The Omaha World-Herald.
Posted at 07:43 AM by Howard Bashman


Wednesday, January 21, 2015

"Ban on Prison Beards Violates Muslim Rights, Supreme Court Says": Adam Liptak has this article in today's edition of The New York Times.

Robert Barnes of The Washington Post reports that "Supreme Court rules in favor of Arkansas Muslim inmate's request to grow beard."

David G. Savage of The Los Angeles Times reports that "Muslim prisoner wins Supreme Court case to keep his beard."

Richard Wolf of USA Today reports that "Supreme Court upholds religious rights of prisoners."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Rules for Muslim Inmate on Prison Beard; Unanimous Decision Says Religious-Freedom Law Permits Facial Hair." You can freely access the full text of the article via Google.

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court sides with inmate, strikes down Arkansas prison beard ban."

Warren Richey of The Christian Science Monitor reports that "Unanimous Supreme Court affirms Muslim inmate's right to grow beard."

The Washington Times reports that "Gregory Holt, Muslim prisoner, wins Supreme Court OK to wear beard behind bars."

Ariane de Vogue of CNN.com reports that "Supreme Court says Muslim prisoner can keep beard."

Mark Sherman of The Associated Press reports that "Supreme Court rules for bearded Muslim inmate."

Lawrence Hurley of Reuters reports that "U.S. top court rules for Muslim inmate over prison beard ban."

Greg Stohr of Bloomberg News reports that "Prison Beard Ban Tossed as High Court Backs Religious Rights."

On today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment titled "Supreme Court Rules On 2 Prisoner Rights Cases."

And at the "Democracy in America" blog of The Economist, Steven Mazie has a post titled "Religious liberty: Of beards and brevity."
Posted at 10:30 PM by Howard Bashman



"Defending those accused of unthinkable crimes: The cases of Dzhokhar Tsarnaev, Jared Loughner, Whitey Bulger, and others demand a special breed of lawyer." Scott Helman of The Boston Globe has this report.
Posted at 10:03 PM by Howard Bashman


"Off the Hook? The Supreme Court Won't End the Gay Marriage Debate for Republicans." Linda Greenhouse has this essay online at The New York Times.
Posted at 10:00 PM by Howard Bashman


"Issue on appeal: Did health-care reform rules hurt senator?" The Associated Press has a report that begins, "Lawyers for U.S. Sen. Ron Johnson sought on Wednesday to revive the Wisconsin Republican's challenge to the federal health care overhaul, arguing before an appellate panel that he was indeed harmed by executive rules associated with the legislation."

And Courthouse News Service reports that "Senator's Obamacare Case Goes Before the 7th."

Earlier, The Washington Times previewed today's oral argument in the U.S. Court of Appeals for the Seventh Circuit in an article headlined "Ron Johnson hopes for a better outcome in round two of Obamacare lawsuit."

The Seventh Circuit panel that heard today's oral argument consisted of Circuit Judges Joel M. Flaum and Ann Claire Williams and Senior Circuit Judge William J. Bauer.

For whatever reason, the audio of today's oral argument in this case is the only oral argument that occurred at the Seventh Circuit today that is not currently available online. Arguing for Senator Johnson was Paul D. Clement. Arguing for the federal government was Mark B. Stern.
Posted at 08:40 PM by Howard Bashman



"One by One, Protesters Interrupt Supreme Court": Adam Liptak will have this article in Thursday's edition of The New York Times.

Robert Barnes of The Washington Post reports that "Citizens United protesters disrupt Supreme Court session."

Richard Wolf of USA Today reports that "Protest on campaign spending disrupts Supreme Court."

Brent Kendall of The Wall Street Journal reports that "Activist Group Protests During Supreme Court Session for Second Time; 99Rise Protested the High Court's 2010 Citizens United Campaign Finance Ruling."

Michael Doyle of McClatchy Washington Bureau reports that "Demonstrators disrupt Supreme Court session."

Lawrence Hurley of Reuters reports that "Activists disrupt U.S. top court, denounce campaign spending ruling."

David McLaughlin and Greg Stohr of Bloomberg News report that "Protesters Disrupt Supreme Court as Obama Criticizes Ruling."

The Associated Press reports that "Protests over campaign finance during high court session."

Ariane de Vogue of CNN.com reports that "Protests break out in Supreme Court."

Nina Totenberg of NPR has a report headlined "Shouts Of Protest At Supreme Court On 'Citizens United' Anniversary."

And at "SCOTUSblog," Mark Walsh has a post titled "View from the Courtroom: Disruption from the gallery on fifth anniversary of Citizens United."
Posted at 07:54 PM by Howard Bashman



"The 'Citizens United' anniversary is a regrettable date for state courts": Wallace Jefferson and Barbara Pariente have this op-ed in today's edition of The Dallas Morning News.
Posted at 07:46 PM by Howard Bashman


"Judicial Indignity: The Supreme Court ponders judges' freedom to panhandle." Mark Joseph Stern has this Supreme Court dispatch online today at Slate.
Posted at 07:42 PM by Howard Bashman


"At UF, Stevens still sharp in criticism of Citizens United decision": This front page article appears in today's edition of The Gainesville Sun.
Posted at 07:38 PM by Howard Bashman


Programming note: At noon today, I will be at the National Constitution Center to attend a presentation by Second Circuit Chief Judge Robert A. Katzmann on interpreting the law of Congress. After his talk, Chief Judge Katzmann will be signing copies of his new book -- "Judging Statutes" -- which will be available for purchase.

Additional posts will appear here later today.

Update: Via YouTube, you can view the video of today's National Constitution Center event at this link. The second audience question was from yours truly. It was great to visit both with the speaker and with NCC President and Chief Executive Officer Jeffrey Rosen following the event.
Posted at 10:19 AM by Howard Bashman



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

1. Justice Sonia Sotomayor delivered the opinion for a unanimous Court in Hana Financial, Inc. v. Hana Bank, No. 13-1211.

2. Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Gelboim v. Bank of America Corp., No. 13-1174.

3. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Department of Homeland Security v. MacLean, No. 13-894. Justice Sotomayor issued a dissenting opinion, in which Justice Anthony M. Kennedy joined.
Posted at 10:09 AM by Howard Bashman



"Supreme Court Sides With Teva in Patent Case; High Court Reverses Ruling That Invalidated Patent on Multiple-Sclerosis Drug": Brent Kendall and Ashby Jones have this article in today's edition of The Wall Street Journal. You can access the full text of the article via Google. And at WSJ.com's "Pharmalot" blog, Ed Silverman has a post titled "A Court Ruling Gives Teva how Much Time to Avoid Generic Copaxone?"

Lawrence Hurley of Reuters reports that "Supreme Court rules for Teva over MS drug patent."

Greg Stohr of Bloomberg News reports that "Teva Wins U.S. High Court Ruling to Delay Copaxone Rivals."

Sam Hananel of The Associated Press reports that "Supreme Court sides with Teva in drug dispute."

The Pittsburgh Tribune-Review reports that "Mylan loses Supreme Court fight over multiple sclerosis drug."

The "PhillyPharma" blog of The Philadelphia Inquirer, David Sell has a post titled "With local impact on both sides, Supreme Court sides with Teva in drug dispute."

The Hill reports that "Supreme Court sides with name brand drug company."

Jeff John Roberts of Gigaom reports that "Supreme Court strips more power from controversial patent court."

And at his "Patently-O" blog, Dennis Crouch has posts titled "Teva v. Sandoz: Partial Deference in Claim Construction" and "Giving Deference to the Supreme Court in Teva v. Sandoz."
Posted at 08:06 AM by Howard Bashman



"Supreme Court may weaken housing bias cases": Sam Hananel of The Associated Press has this report.
Posted at 07:54 AM by Howard Bashman


Tuesday, January 20, 2015

"Court Soundly Rejects Watchmaker's Attempt To Abuse Copyright Law To Stop Sale Of Its Watches At Costco": At Techdirt, Mike Masnick has this post about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:09 PM by Howard Bashman


"A Judicial Fund-Raising Case Causes Justices to Reflect on Their Own Jobs": Adam Liptak will have this article in Wednesday's edition of The New York Times.

In Wednesday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court considers whether judges can directly ask for campaign donations."

David G. Savage of The Los Angeles Times reports that "Supreme Court asked to free judges to personally seek campaign money."

Richard Wolf of USA Today reports that "Supreme Court is divided over judges' fundraising."

In Wednesday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Supreme Court Divided Over Judicial Candidate Campaign Donations; Conservative Justices Challenge Effectiveness of Florida Rule Banning Candidates from Personally Soliciting Donations." You can freely access the full text of the article via Google.

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court likely to be divided by issue of judges seeking campaign money."

Greg Stohr of Bloomberg News reports that "Judicial Campaign Request Ban Questioned by Top U.S. Court."

Lawrence Hurley of Reuters reports that "Supreme Court divided over Florida judicial election law."

Mark Sherman of The Associated Press reports that "Justices debate judicial candidates' campaign appeals."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Examines Gray Area In Judicial Campaigning."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: Running for a court seat, tin cup in hand?"

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Williams-Yulee v. Florida Bar, No. 13-1499.
Posted at 10:44 PM by Howard Bashman



"Wisconsin Senate approves Supreme Court chief justice amendment": The Capital Times of Madison, Wisconsin has an article that begins, "A Republican-backed constitutional amendment to change the way Wisconsin's Supreme Court chief justice is selected passed the state Senate on a party-line vote Tuesday."
Posted at 10:08 PM by Howard Bashman


"A 6-3 Supreme Court majority attends the State of the Union": Ariane de Vogue of CNN.com has this report.
Posted at 09:58 PM by Howard Bashman


"Argument preview: That housing bias issue is back." Lyle Denniston has this post at "SCOTUSblog."

And Michael A. Lindenberger of The Dallas Morning News has an article headlined "Supreme Court to hear Dallas housing discrimination case."
Posted at 09:52 PM by Howard Bashman



Programming note: At 1:30 p.m. today, I will be arguing a criminal appeal before a three-judge panel of the U.S. Court of Appeals for the Third Circuit. I recently linked to my client's appellate briefs in a post you can access here.

New posts will appear here later today.

Update: The audio of my Third Circuit oral argument this afternoon can be accessed via this link (22.4 MB mp3 audio file).
Posted at 11:11 AM by Howard Bashman



"Access denied: The fight for SCOTUSblog." Lydia Wheeler of The Hill today has a report that begins, "The idea, he said, was a random brain fart. If they blogged about U.S. Supreme Court cases, they'd be seen as experts and gain new clients for their firm, Tom Goldstein and wife Amy Howe thought when starting SCOTUSblog in 2002, at the onset of blogging."
Posted at 10:20 AM by Howard Bashman


"Housing-Bias Claims at Risk as High Court Weighs Curbing Suits": Greg Stohr of Bloomberg News has this report today.
Posted at 10:17 AM by Howard Bashman


"Should Judicial Candidates Be Allowed To Solicit Campaign Money?" Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 10:15 AM 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 Samuel A. Alito, Jr. delivered the opinion for a unanimous Court in Holt v. Hobbs, No. 13-6827. Justice Ruth Bader Ginsburg issued a concurring opinion, in which Justice Sonia Sotomayor joined. And Justice Sotomayor also issued a concurring opinion. You can access the oral argument via this link.

2. And Justice Stephen G. Breyer delivered the opinion of the Court in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 13-854. Justice Clarence Thomas issued a dissenting opinion, in which Justice Samuel A. Alito, Jr. joined. You can access the oral argument via this link.
Posted at 10:07 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 today in any new cases.

The Court issued a per curiam opinion in Christeson v. Roper, No. 14-6873. Justice Samuel A. Alito , Jr. issued a dissenting opinion, in which Justice Clarence Thomas joined.

And in Plumley v. Austin, No. 14-271, Justice Thomas issued a dissent, in which Justice Antonin Scalia joined, from the denial of certiorari.

In early news coverage, Greg Stohr of Bloomberg News reports that "Retailers Rejected by U.S. Supreme Court on Debit-Card Fees"; and "KBR Rejected by High Court on Military Contractor Shield."

And Lawrence Hurley of Reuters reports that "Supreme Court declines challenge to debit card rules.
Posted at 09:33 AM by Howard Bashman



"On Same-Sex Marriage, No Way to Dodge the Question; If the Supreme Court requires states to recognize same-sex marriages performed elsewhere, then it cannot allow states to refuse to celebrate such marriages themselves": Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 09:30 AM by Howard Bashman


Monday, January 19, 2015

"Hillsborough case at heart of Supreme Court arguments on judges' fundraising": The Tampa Bay Times has this report. In addition, the newspaper has an editorial titled "Keep Florida ban on judicial candidates seeking campaign cash."

Warren Richey of The Christian Science Monitor has an article headlined "Can judicial candidates solicit donations? Supreme Court to weigh case."

And in Tuesday's edition of The Wall Street Journal, Robert Everett Johnson and Paul Sherman will have an op-ed titled "Tying Up the First Amendment With Red Tape: A Supreme Court case this week challenges a Florida fundraising restriction as an arbitrary form of censorship." You can freely access the full text of the op-ed via Google.
Posted at 10:12 PM by Howard Bashman



"Supreme Court may scale back housing discrimination law": Richard Wolf of USA Today has this report.
Posted at 10:02 PM by Howard Bashman


"Roberts Court could cripple another key civil rights law": Zachary Roth of msnbc has this report today.
Posted at 09:54 PM by Howard Bashman


"The Supreme Court's Billion-Dollar Mistake": Law professor David Cole has this post online today at the blog of The New York Review of Books.
Posted at 09:52 PM by Howard Bashman


"Will the Roberts Court Strike Down Another Campaign-Finance Law?" Jeff Shesol has this post online today at The New Yorker.

And online at The Atlantic, law professor Garrett Epps has an essay titled "When Can a Judge Ask, 'Write Me a Check'? Sheltered in their bubble, the Justices will decide whether states can keep their judges from putting the arm on donors."
Posted at 09:47 PM by Howard Bashman



"Justices weigh would-be judges' appeals for campaign cash": Mark Sherman of The Associated Press has this report.
Posted at 03:50 PM by Howard Bashman


"The Most Sarcastic Justice": Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has posted this essay online at SSRN.
Posted at 03:36 PM by Howard Bashman


"Supreme Court to take up Calif. raisin case for 2nd time": Jeremy P. Jacobs of Greenwire has this report today.
Posted at 03:32 PM by Howard Bashman


"Lawyers as heroes or goats in the fight over same-sex marriage": Tom Goldstein has this post today at "SCOTUSblog."
Posted at 03:30 PM by Howard Bashman


"Scalia Lands at Top of Sarcasm Index of Justices. Shocking." Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 11:15 AM by Howard Bashman


"On gay marriage, Supreme Court to weigh equal rights and states' rights": David G. Savage has this front page article in today's edition of The Los Angeles Times.
Posted at 10:12 AM by Howard Bashman


"The Year of Marriage Equality": Richard Socarides has this post online at The New Yorker.
Posted at 08:20 AM by Howard Bashman


"How a once-small business made millions building the software behind Obamacare; And why it may make millions more if the Supreme Court now undercuts the law": The Washington Post has this report.
Posted at 08:15 AM by Howard Bashman


"Justice Ann Walsh Bradley says constitutional amendment improperly being used as 'tool to settle political scores'": The Capital Times of Madison, Wisconsin has this report.
Posted at 08:11 AM by Howard Bashman


"Gay Marriage Case Offers G.O.P. Political Cover": Jeremy W. Peters and Jonathan Martin have this front page article in today's edition of The New York Times.
Posted at 08:05 AM by Howard Bashman


"Argument preview: Judges, politics, and money." Lyle Denniston has this post today at "SCOTUSblog."

Richard Wolf of USA Today has an article headlined "Justices' choice: Free speech or judicial fairness." In addition, David B. Rivkin Jr., and Andrew M. Grossman have an op-ed titled "Judicial candidates face loss of free speech rights: Supreme Court will hear campaign fundraising case."

Today's edition of The New York Times contains an editorial titled "Judges, With Hat in Hand."

And yesterday's edition of The Los Angeles Times contained an editorial titled "The complexities of keeping judicial candidates appearing impartial."
Posted at 07:48 AM by Howard Bashman



Sunday, January 18, 2015

"Supreme Court to Review Bans on Solicitations in Judge Races": Adam Liptak will have this article in Monday's edition of The New York Times.
Posted at 10:44 PM by Howard Bashman


"A question on the question of gay marriage": Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 10:36 PM by Howard Bashman


"Opening argument": Today's edition of The Philadelphia Inquirer contains an editorial that begins, "Word that a flock of candidates has already gathered to replenish the Pennsylvania Supreme Court's ranks might remind wary judiciary observers of watching Sisyphus' boulder make its mournful return to the bottom of the hill. Having lost two justices to scandal in as many years, the court is poised to regenerate through the same benighted political process that yielded the last crop."
Posted at 04:23 PM by Howard Bashman


"States Stand Pat Ahead of Supreme Court Health-Law Ruling; Political and Practical Obstacles to Reworking Exchanges Raise Stakes in Legal Battle": Louise Radnofsky had this article in Friday's edition of The Wall Street Journal.

You can freely access the full text of the article via Google.
Posted at 04:20 PM by Howard Bashman



"From traffic ticket to Supreme Court: a gay couple's legal odyssey": Samantha Masunaga of The Los Angeles Times has this report.

In today's edition of The Tulsa World, columnist Ginnie Graham has a front page essay headlined "More than 3,200 same-sex couples marry in Oklahoma in less than three months; Some businesses have benefited since same-sex couples have been allowed to marry in Oklahoma."

And today at his "Jost On Justice" blog, Kenneth Jost has a post titled "Law, Politics Combined on Path to Marriage Equality."
Posted at 04:15 PM by Howard Bashman



"Supreme Court to hear Hillsborough case regarding judicial candidate fundraising": The Tampa Tribune has this report.
Posted at 04:02 PM by Howard Bashman


"Supreme Court to weigh hospitals' right to higher Medicaid reimbursement": In Friday's edition of The Pittsburgh Post-Gazette, Steve Twedt had an article that begins, "The U.S. Supreme Court next week will hear oral arguments on an Idaho case that could carry implications for Pennsylvania hospitals and others who treat medical assistance patients. The issue: Do providers have the right to sue a state for not adequately reimbursing them?"
Posted at 10:28 AM by Howard Bashman


"U.S. Supreme Court to hear Wisconsin inmate's excessive force claim": Sharif Durhams of The Milwaukee Journal Sentinel has an article that begins, "The U.S. Supreme Court has agreed to hear the appeal of a Wisconsin man who claims Monroe County deputies violated his civil rights when he was forcibly pulled from his cell and subdued with a stun gun while he was facing charges of cocaine possession four years ago."
Posted at 10:25 AM by Howard Bashman


"Will the Supreme Court cement Obama's gay rights legacy? It's a surprising development for a president who has faced criticism on the issue." Josh Gerstein of Politico.com has this report.

Yesterday evening's broadcast of NPR's "All Things Considered" contained an audio segment titled "Supreme Court Will Rule On Gay Marriage Later This Year."

And Jorge Rivas of Fusion.net asks "Who's the gayest Supreme Court justice?"
Posted at 10:22 AM by Howard Bashman



Saturday, January 17, 2015

"End near for Michigan's gay marriage ban": Columnist Brian Dickerson has this essay online at The Detroit Free Press.
Posted at 05:27 PM by Howard Bashman


"Disciplinary board disbars ex-Supreme Court Justice Melvin": Bobby Kerlik has this article in today's edition of The Pittsburgh Tribune-Review.

And The Associated Press reports that "Ex-Justice Joan Orie Melvin disbarred by consent agreement."

You can access yesterday's order of the Supreme Court of Pennsylvania at this link.
Posted at 05:20 PM by Howard Bashman



"A Pennsylvania first: voters will pick three for Supreme Court." Steve Esack and Peter Hall will have this article, in which I am quoted, in Sunday's edition of The Morning Call of Allentown, Pennsylvania.
Posted at 05:16 PM by Howard Bashman


"Is the Supreme Court really willing to kick 10 million people off health insurance?" Scott Lemieux has this essay online at The Week.
Posted at 02:28 PM by Howard Bashman


"Gay Marriage Likely Back in the Hands of One Supreme Court Justice; To many, same-sex marriage seems inevitable; Constitutionally, though, it's no slam-dunk; Here's why the future may be harder to predict than you think": Jay Michaelson has this essay online at The Daily Beast.
Posted at 02:15 PM by Howard Bashman


"Utahns on both sides welcome U.S. Supreme Court's decision to rule on same-sex marriage": The Salt Lake Tribune has this report.
Posted at 02:11 PM by Howard Bashman


"Supreme Court and Gay Marriage: How Hollywood Paved Way for Upcoming Ruling." Tina Daunt of The Hollywood Reporter has this report.
Posted at 02:09 PM by Howard Bashman


"Closed Chrysler dealers win appeals court ruling": The Detroit News has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued yesterday.
Posted at 01:58 PM by Howard Bashman


"Court fight breaks out over baseball hats": The Hill has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued yesterday.
Posted at 01:50 PM by Howard Bashman


"Supreme Court Will Rule On Gay Marriage Nationwide": Nina Totenberg had this audio segment on today's broadcast of NPR's "Weekend Edition Saturday."

And on yesterday evening's broadcast of NPR's "All Things Considered," Totenberg had an audio segment titled "Supreme Court To Decide Whether States Can Ban Same-Sex Marriage."
Posted at 01:45 PM by Howard Bashman



"Taking Up Gay Marriage, but on Their Own Terms": Adam Liptak will have this article in Sunday's edition of The New York Times.
Posted at 01:42 PM by Howard Bashman


"The Judge: U.S. District Court Chief Judge Joseph Tauro '53 was the first federal jurist to legalize same-sex marriage; He forced Massachusetts to end its barbaric treatment of developmentally disabled children in state schools; For 40 years he's been making sure government lives up to its responsibilities to treat all people as equals under the law." The January/February 2015 issue of The Brown Alumni Magazine contains this cover story.
Posted at 10:08 AM by Howard Bashman


"The Supreme Court Has Been Preparing The Country For Marriage Equality; A majority of the court already has made the outcome of the same-sex marriage showdown -- nationwide marriage equality -- almost certain": Chris Geidner of BuzzFeed has this report.
Posted at 08:23 AM by Howard Bashman


"SCOTUS Repeaters": Richard M. Re had this post yesterday at "PrawfsBlawg."
Posted at 08:20 AM by Howard Bashman


"Adopted Child Doe and the Supreme Court Marriage Fight": Amy Davidson has this post online at The New Yorker.
Posted at 08:17 AM by Howard Bashman


"Symposium: Good faith and caution, not irrationality or malice." Alabama Solicitor General Andrew Brasher has this post at "SCOTUSblog."
Posted at 08:02 AM by Howard Bashman


"Raisin farmer Horne will get his day in Supreme Court": Michael Doyle of McClatchy Washington Bureau has this article in today's edition of The Fresno Bee.

And The Associated Press reports that "Supreme Court takes up dispute over California raisins."
Posted at 08:00 AM by Howard Bashman



"Cuomo nomination tips N.Y. top court to Democratic majority": Reuters has this report.
Posted at 07:55 AM by Howard Bashman


"Free speech or conflict? High court to hear judges fundraising case." Michael Doyle of McClatchy Washington Bureau has this report.
Posted at 07:52 AM by Howard Bashman


Friday, January 16, 2015

"Pivotal moment arrives for U.S. gay rights movement": Reuters has this report.
Posted at 09:00 PM by Howard Bashman


"Supreme Court will take up Mich. same-sex marriage case": The Detroit News has this report.

The Detroit Free Press has a news update headlined "Michigan same-sex marriage plaintiffs: 'We're in awe.'"

MLive.com has articles headlined "Supreme Court to review Michigan gay marriage case"; "Plaintiff in gay marriage case: Supreme Court review makes for 'proudest day of my great lesbian life'"; "Michigan Gov. Rick Snyder, AG Bill Schuette welcome gay marriage review by Supreme Court"; and "Muskegon area responds to U.S. Supreme Court taking up gay marriage cases."

The Cleveland Plain Dealer has a news update headlined "Plaintiffs in Ohio gay marriage cases look forward to their U.S. Supreme Court date."

Jim Provance of The Toledo Blade has a news update headlined "U.S. Supreme Court to decide if same-sex couples have right to marry under Constitution; Hearing appeals of rulings in Ohio, Mich., Ky., and Tenn."

The Cincinnati Enquirer has a news update headlined "'Tears of joy & sadness': Supreme Court to rule on gay marriage."

The Tennessean has a news update headlined "Gay Tennessee couples see court move as first step toward equality."

The Louisville Courier-Journal has a news update headlined "Supreme Court to take Ky. gay marriage cases."

And The Lexington Herald-Leader has a news update headlined "U.S. Supreme Court to decide same-sex marriage cases from Kentucky, three other states."
Posted at 08:55 PM by Howard Bashman



"The Supreme Court and Gay Marriage": This editorial will appear in Saturday's edition of The New York Times.
Posted at 08:20 PM by Howard Bashman


"John Roberts May Finally Be Ready to Legalize Same-Sex Marriage: The issue is returning to the Supreme Court -- and the conservative Chief Justice could surprise onlookers." Brianne Gorod and Judith E. Schaeffer have this essay online at The New Republic.

And at his "Election Law Blog," Rick Hasen has a post titled "Has SCOTUS Stacked the Deck Against Gay Marriage in How It Has Framed the Question?"
Posted at 05:02 PM by Howard Bashman



"Supreme Court to Decide Whether Gays Nationwide Can Marry": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court agrees to hear gay marriage issue."

David G. Savage of The Los Angeles Times reports that "Supreme Court agrees to settle gay marriage dispute."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court to hear same-sex marriage cases."

Warren Richey of The Christian Science Monitor reports that "Supreme Court agrees to rule on whether same-sex couples nationwide can marry."

And Lawrence Hurley of Reuters reports that "Supreme Court to decide if states can ban gay marriage." In addition, Joan Biskupic reports that "Justice Kennedy key figure as top court tackles gay marriage."
Posted at 04:45 PM by Howard Bashman



On the agenda: Next week, on Tuesday, January 20, 2015 at 1:30 p.m., I will be arguing a criminal appeal before a three-judge panel of the U.S. Court of Appeals for the Third Circuit in a case that previously received some news coverage. You can access my client's brief for appellant (minus 80 pages of attachments) at this link and his reply brief for appellant at this link. Substantial portions of the opening brief for appellant reflect the research and writing work of my client's prior counsel, Peter Goldberger, Amy Adelson, and Nathan Dershowitz.

And on Wednesday, January 21 at noon, I will be at the National Constitution Center to attend a presentation by Second Circuit Chief Judge Robert A. Katzmann on interpreting the law of Congress. After his talk, Chief Judge Katzmann will be signing copies of his new book -- "Judging Statutes" -- which will be available for purchase.
Posted at 04:15 PM by Howard Bashman



"Judicial Discipline Evidence Hearing Set for Alabama Judge Arrested for Domestic Abuse": Alyson Palmer of the Daily Report of Fulton County, Georgia has this article today.

You can freely access the full text of the article via Google News.
Posted at 03:52 PM by Howard Bashman



"Supreme Court Will Hear Four Cases Challenging Same-Sex Marriage Ban; A decision in the case, expected by late June, could lead to the end of such bans across the country": Chris Geidner of BuzzFeed has this report.

You can access today's Order List of the U.S. Supreme Court at this link. The Court's grant of review in the same-sex marriage cases is limited to two questions:

1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? 2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?
The same-sex marriage cases have been allocated 90 minutes for oral argument on question one and 60 minutes for oral argument on question two.

The Court also granted review in four cases other than the same-sex marriage cases.

In other coverage, Mark Sherman of The Associated Press reports that "High court to hear gay marriage cases in April."

Greg Stohr of Bloomberg News reports that "Gay Marriage Gets U.S. Supreme Court Review in Landmark Case."

Richard Wolf of USA Today reports that "Supreme Court agrees to rule on gay marriage."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court will rule on same-sex marriage."
Posted at 03:34 PM by Howard Bashman



"This Badass Tattoo Takes Ruth Bader Ginsburg Fandom To New Levels": Ashley Alman of The Huffington Post has this report today.
Posted at 02:21 PM by Howard Bashman


"Did Paul Ryan Undermine The SCOTUS Case To Topple Obamacare?" Sahil Kapur of TPM DC has this report today.
Posted at 02:18 PM by Howard Bashman


"Justices must act fast if gay marriage to be settled in June": Mark Sherman of The Associated Press has this report.
Posted at 02:11 PM by Howard Bashman


Programming note: This morning I will be visiting an incarcerated client in federal prison as part of my preparations to argue his appeal next Tuesday in the U.S. Court of Appeals for the Third Circuit. This afternoon, I will provide links to my client's appellate briefs in the case, which presents a number of interesting issues.

Additional posts will appear here this afternoon.
Posted at 08:30 AM by Howard Bashman



"Oklahoma executes Charles Warner in 20-minute procedure; state says no complications; The killer of an infant girl complains about burning sensation before the lethal drugs are administered": The Tulsa World has this report.

The Oklahoman reports that "Oklahoma killer executed for death of infant girl; Charles Frederick Warner, 47, was put to death Thursday for raping and killing 11-month-old Adriana Waller in 1997."

In today's edition of The New York Times, Erik Eckholm has an article headlined "Oklahoma Executes First Inmate Since Slipshod Injection in April."

Richard Wolf and Gregg Zoroya of USA Today report that "Oklahoma executes man after justices deny stay."

In today's edition of The Wall Street Journal, Jess Bravin and Nathan Koppel have an article headlined "Oklahoma Carries Out First Execution Since April's Botched Lethal Injection; Supreme Court Declines to Halt Execution of Charles Warner for Killing an 11-Month-Old Girl." You can freely access the full text of the article via Google.

The Associated Press reports that "Inmate shows no obvious distress in Oklahoma execution."

Greg Stohr of Bloomberg News reports that "Oklahoma Lethal Injections Allowed by U.S. Supreme Court."

Reuters reports that "Supreme Court allows Oklahoma to proceed with execution."

And at "SCOTUSblog," Lyle Denniston has a post titled "Oklahoma executions allowed to resume."

You can access yesterday evening's order of the U.S. Supreme Court denying a stay, and the dissent therefrom, at this link.
Posted at 08:20 AM by Howard Bashman



"Virginia Supreme Court won't rehear Huguely appeal": The Daily Progress of Charlottesville, Virginia has this report.

And The Associated Press reports that "Va. Supreme Court declines to hear Huguley appeal."
Posted at 07:58 AM by Howard Bashman



"A Nightmare of False Accusation That Could Happen to You: If you are called a criminal in a lawsuit to which you aren't a party, you may have no legal recourse to defend yourself." Alan M. Dershowitz had this op-ed in yesterday's edition of The Wall Street Journal.

You can freely access the full text of the op-ed via Google.
Posted at 07:51 AM by Howard Bashman



Thursday, January 15, 2015

"Justice Alito accepts an award that honors a colleague": Chris Mondics will have this article in Friday's edition of The Philadelphia Inquirer.

And in Friday's edition of The Legal Intelligencer, Saranac Hale Spencer will have an article headlined "Alito, Accepting Becker Award, Lauds Third Circuit Icon." You can freely access the full text of the article via Google.
Posted at 10:42 PM by Howard Bashman



"In Philadelphia, Alito Reminisces About Influential Appeals Judge": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."

You can freely access the full text of the post via Google.
Posted at 04:05 PM by Howard Bashman



"Michigan couple poised to make gay marriage history": Richard Wolf of USA Today has this report.
Posted at 02:43 PM by Howard Bashman


"The Supreme Court Is Likely To Set Up The Same-Sex Marriage Showdown On Friday": Chris Geidner of BuzzFeed has this report.
Posted at 01:22 PM by Howard Bashman


"The City of San Jose steps up to the plate to challenge the baseball industry's 92-year old exemption from the antitrust laws." So begins an opinion that Circuit Judge Alex Kozinski issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

Judge Kozinski's opinion concludes:

Like Casey, San Jose has struck out here. The scope of the Supreme Court's holding in Flood plainly extends to questions of franchise relocation. San Jose is, at bottom, asking us to deem Flood wrongly decided, and that we cannot do. Only Congress and the Supreme Court are empowered to question Flood's continued vitality, and with it, the fate of baseball's singular and historic exemption from the antitrust laws
In early news coverage, Howard Mintz of The San Jose Mercury News has an update headlined "San Jose v. MLB: appeals court rejects city's antitrust case over A's move."
Posted at 01:12 PM by Howard Bashman


"Judge tells state to recognize 300 same-sex marriages": The Detroit Free Press has this news update.

The Detroit News has an update headlined "Judge: Michigan must recognize 300 same-sex marriages."

MLive.com has a report headlined "Judge: Michigan must recognize marriages of same-sex who wed on day it was legal."

And The Associated Press reports that "Judge: Michigan must recognize 300-plus gay marriages."

You can access today's ruling of the U.S. District Court for the Eastern District of Michigan at this link.
Posted at 01:06 PM by Howard Bashman



"Why Obama Should Pardon Don Siegelman": Jeffrey Toobin has this post online at The New Yorker.
Posted at 11:00 AM by Howard Bashman


"Porn publisher pushes to join suit to reveal Missouri execution process": The St. Louis Post-Dispatch has this report.

St. Louis Public Radio reports that "Larry Flynt Seeks Records In Missouri Execution Case."

The Associated Press reports that "News groups back Larry Flynt's push for execution info."

And Courthouse News Service reports that "Media Ask 8th Circuit to Unseal Documents on Missouri Execution."

You can access at this link the audio of yesterday's oral argument in the U.S. Court of Appeals for the Eighth Circuit.
Posted at 10:38 AM by Howard Bashman



"Muhammad Sculpture Inside Supreme Court a Gesture of Goodwill": Jacob Gershman had this post yesterday at WSJ.com's "Law Blog."
Posted at 10:04 AM by Howard Bashman


"Oklahoma to resume executions after 9-month delay": The Associated Press has a report that begins, "After a nearly nine-month delay prompted by a botched lethal injection last spring, Oklahoma plans to execute a death row inmate Thursday with the same three-drug method Florida intends to use about an hour earlier."
Posted at 09:58 AM by Howard Bashman


Wednesday, January 14, 2015

"Supreme Court Weighs Power of Bankruptcy Judges": Sara Randazzo has this post at WSJ.com's "Law Blog."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Wellness Int'l Network Ltd. v. Sharif, No. 13-935.
Posted at 10:57 PM by Howard Bashman



"Justices parse federal, state laws in drug case that led to man's deportation": Robert Barnes will have this article in Thursday's edition of The Washington Post.

Richard Wolf of USA Today reports that "Justices sock Obama administration on drug deportations."

Mark Sherman of The Associated Press reports that "Justices sympathetic to man deported for minor drug crime."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Considers Whether A Sock Is Drug Paraphernalia."

And online at Bloomberg View, law professor Noah Feldman has an essay titled "How a Sock Could Lead to Deportation."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Mellouli v. Holder, No. 13-1034.
Posted at 10:30 PM by Howard Bashman



"A flood seeks Pa. top court seats": Amy Worden and Thomas Fitzgerald have this front page article in today's edition of The Philadelphia Inquirer.
Posted at 08:50 PM by Howard Bashman


"Cleveland's 'jock tax' argued before Ohio Supreme Court": The Cleveland Plain Dealer has this news update.

And The Associated Press reports that "Court weighs Ohio's taxation of out-of-town athletes."

You can view the video of today's oral argument in the Supreme Court of Ohio at this link.
Posted at 08:24 PM by Howard Bashman



"United, American owe World Trade Center developer billions: lawyer." Reuters has a report that begins, "The developer rebuilding the World Trade Center in New York told a federal appeals court on Wednesday that he is entitled to recoup billions of dollars from two airline companies, even though he has already collected $4 billion in insurance money for the Sept. 11, 2001, attacks that destroyed the site."
Posted at 08:00 PM by Howard Bashman


"Certiorari and the Marriage Equality Cases": Law professor Carl Tobias has this short article (also available in PDF) online today at the University of Michigan Journal of Law Reform.
Posted at 05:42 PM by Howard Bashman


"Supreme Court sides with company in cell tower dispute": Richard Wolf of USA Today has this report.

And Lawrence Hurley of Reuters reports that "U.S. top court rules for T-Mobile in cellphone tower dispute."
Posted at 01:55 PM by Howard Bashman



"State: Court should deny appeal of man at center of 'Serial.'" The Associated Press has this report.
Posted at 01:50 PM by Howard Bashman


"Citigroup loses appeal over Abu Dhabi fund's arbitration": Nate Raymond of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:46 PM by Howard Bashman


"Prison Visitation Ban May Have Been Unfair": Back in January 2014, Courthouse News Service had a report that begins, "Public criticism may have led prison officials to suspend the visitation privileges of a woman married to a Georgia inmate, a federal judge ruled." You can access last January's ruling of the U.S. District Court for the Middle District of Georgia at this link.

Yesterday, a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued a decision in which all three of the judges wrote separately. The majority held that the prison officials were entitled to qualified immunity on all of the plaintiff's claims. The majority consisted of two judges sitting by designation, one of whom called for a reexamination of an aspect of the Eleventh Circuit's qualified immunity jurisprudence. Circuit Judge Beverly B. Martin issued a dissenting opinion. Under these circumstances, this case would seem to have a better than ordinary chance of obtaining rehearing en banc should plaintiff seek that form of further review.
Posted at 01:42 PM by Howard Bashman



"Tough Attorney General Pick Loretta Lynch Vies For Senate Confirmation": Carrie Johnson had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 11:32 AM by Howard Bashman


"View from the courtroom: Justice Scalia, a bit late to the stage." Mark Walsh had this post yesterday at "SCOTUSblog."
Posted at 11:30 AM by Howard Bashman


"The End of 'Disparate Impact'? The third time could be the charm for the Supreme Court to throw it out." Hans A. von Spakovsky and Elizabeth Slattery have this essay at National Review Online.
Posted at 11:25 AM by Howard Bashman


"Lawyer asks court to toss Kwame Kilpatrick's conviction": The Detroit Free Press has this report.
Posted at 11:22 AM by Howard Bashman


"Supreme Court Seeks Compromise on Equality Cases": Adam Liptak has this article in today's edition of The New York Times.

And in today's edition of The Washington Post, Robert Barnes has an article headlined "Justices push back on whether judicial review is needed."
Posted at 10:35 AM by Howard Bashman



"Do the Religious Beliefs of Supreme Court Justices Influence Their Decisions? A Moment Symposium with Robert Barnes / Lyle Denniston / Tony Mauro / Sarah Posner / Leslie C. Griffin / Stephen Wermiel / Marshall Breger / Emily Bazelon / Dahlia Lithwick." This symposium appears in the January-February 2015 issue of Moment magazine.
Posted at 10:30 AM by Howard Bashman


"Porn publisher pushes for Missouri execution records release": The Associated Press has this report on a case being argued today in the U.S. Court of Appeals for the Eighth Circuit.

When the oral argument audio becomes available online, I will link to it.
Posted at 10:26 AM by Howard Bashman



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

1. Justice Sonia Sotomayor delivered the opinion of the Court in T-Mobile South, LLC v. City of Roswell, No. 13-975. Justice Samuel A. Alito, Jr. issued a concurring opinion. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined in full and Justice Clarence Thomas joined in part. And Justice Thomas issued a dissenting opinion. You can access the oral argument via this link.

2. And Justice Antonin Scalia delivered the opinion of the Court in Jennings v. Stevens, 13-7211. Justice Thomas issued a dissenting opinion, in which Justices Anthony M. Kennedy and Alito joined. You can access the oral argument via this link.
Posted at 10:05 AM by Howard Bashman



"How Scalia Could Kill Obamacare": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:56 AM by Howard Bashman


"Supreme Court Takes Broad View on Hostage-Taker's Penalty": Adam Liptak has this article in today's edition of The New York Times.

David G. Savage of The Los Angeles Times reports that "Supreme Court upholds bank robbery law from John Dillinger era."

And Jess Bravin of The Wall Street Journal reports that "High Court Says Moving Hostage Could Trigger Additional Penalties; Supreme Court Gave Broad Reading to Depression-Era Bank Robbery Statute."
Posted at 09:55 AM by Howard Bashman



Tuesday, January 13, 2015

"Norfolk's sign law is legal, federal court says": The Virginian-Pilot has a news update that begins, "City officials did not violate the First Amendment almost three years ago when they cited a business owner for hanging a large banner critical of the government's attempted use of eminent domain, a federal appellate court ruled Tuesday."

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



"Divided Federal Circuit Affirms Finding of Willfulness in Long-Running Bard v. Gore Litigation": Thomas F. Cotter has this post at his "Comparative Patent Remedies" blog discussing the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 11:14 PM by Howard Bashman


"2015 Already Promises to Be Memorable for Appellate Developments": This month's installment of my "Upon Further Review" column appeared in today's edition of The Legal Intelligencer, Philadelphia's daily news paper for lawyers.

You can freely access the full text of my column via Google News.
Posted at 11:08 PM by Howard Bashman



"5 Years After 'Citizens United,' SuperPACs Continue To Grow": Peter Overby had this audio segment on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:54 PM by Howard Bashman


"Meet The Lawyer Who Could Save Dzhokhar Tsarnaev's Life; Judy Clarke is one of the most sought-after defense attorneys for the most reviled criminals; If Dzhokhar Tsarnaev is convicted, would she be able to convince a jury considering the death penalty that he deserves to live?" Mike Hayes of BuzzFeed has this report.
Posted at 10:28 PM by Howard Bashman


"Supreme Court Gathers To Watch Baby Justices Hatch": The Onion has this report.
Posted at 07:54 PM by Howard Bashman


"The Obama Justices: Sonia Sotomayor and Elena Kagan represent conflicting styles of liberalism -- or are they complementary?" Law professor David Fontana has this jurisprudence essay online at Slate.
Posted at 12:50 PM by Howard Bashman


"US judges review broad surveillance of Muslims by NYC police": The Associated Press has this report on an oral argument that took place today at the U.S. Court of Appeals for the Third Circuit.

When the oral argument audio becomes available online, I will link to it.

Update: You can access the oral argument audio via this link (17.0 MB mp3 audio file).

In other coverage, Reuters reports that "U.S. appeals court hears case on NYC police surveillance of Muslims."

And Bloomberg News reports that "Muslim Groups Seek to Revive New York Police Surveillance Suit."
Posted at 12:46 PM by Howard Bashman



"Appeals court hears Arkansas, North Dakota abortion cases": The Associated Press has this report on oral arguments that took place today at the U.S. Court of Appeals for the Eighth Circuit.

When the oral argument audio becomes available online, I will link to it.

Update: You can access the oral arguments via this link (Arkansas) and via this link (North Dakota).

And in other coverage, Reuters reports that "North Dakota, Arkansas ask court to allow abortion curbs."
Posted at 12:43 PM by Howard Bashman



"Supreme Court seeks middle ground on job bias cases": Sam Hananel of The Associated Press has this report.
Posted at 12:40 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 Antonin Scalia delivered the opinion for a unanimous Court in Jesinoski v. Countrywide Home Loans, Inc., No. 13-684. You can access the oral argument via this link.

2. And Justice Scalia also delivered the opinion for a unanimous Court in Whitfield v. United States, No. 13-9026. You can access the oral argument via this link.
Posted at 10:06 AM by Howard Bashman



"Justices Seem Unsettled by Ordinance Restricting Arizona Town's Signs": 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 "At Supreme Court, signs are clear that justices have doubts about Ariz. town's law."

In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Supreme Court Hears Church Fight Over Arizona Town Sign Law; Ordinance Barred Church's Signs That Directed the Public to its Temporary Locations."

Cheryl Wetzstein of The Washington Times reports that "Supreme Court justices laugh at Arizona town's church sign laws."

The Arizona Republic reports that "U.S. Supreme Court appears to favor Gilbert church over sign law."

The East Valley Tribune reports that "Supreme Court hears arguments on Gilbert sign case."

Cronkite News reports that "Gilbert sign ordinance comes under scrutiny by Supreme Court justices."

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "In Battle Over Church Signs, Is Ariz. Town Being 'A Little Unreasonable'?"
Posted at 09:00 AM by Howard Bashman



"Federal judges question Arizona ethnic studies ban": This front page article appears in today's edition of The Arizona Daily Star.

Roque Planas of The Huffington Post reports that "Arizona's Mexican-American Studies Ban Questioned By Appeals Judges."

And Courthouse News Service reports that "Ariz. Raked Over the Coals in 9th Circuit for Banning Ethnic Studies."

You can access the video of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. Law professor Erwin Chemerinsky argued the appeal for the challengers of the ban.
Posted at 08:14 AM by Howard Bashman



Monday, January 12, 2015

"Despite Senate power shift, Obama seeks to shape U.S. judiciary": David Ingram of Reuters has a report that begins, "President Barack Obama plans to plow ahead with an effort to shape and diversify the U.S. judiciary, despite the ability of Republicans to block nominees now that they have a Senate majority, Obama's in-house lawyer said on Monday."
Posted at 09:30 PM by Howard Bashman


"By restricting charity deals, appeals courts improve class actions": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 09:26 PM by Howard Bashman


"Appeals court upholds death penalty ruling, clearing way for Oklahoma execution": The Tulsa World has this news update.

And The Associated Press reports that "Appeals court rules Oklahoma executions can proceed."

You can access at this link today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 05:06 PM by Howard Bashman



"Supreme Court appears split over FERC's regulatory reach": Jeremy P. Jacobs of Greenwire has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Oneok, Inc. v. Learjet, Inc., No. 13-271.
Posted at 04:28 PM by Howard Bashman



"Federal prosecutors will not call reporter in leak case": The Washington Post has this news update.

And Josh Gerstein of Politico.com today has a blog post titled "Feds want Risen out of leak trial."
Posted at 03:00 PM by Howard Bashman



"Justices seek to balance free speech, highway clutter": Richard Wolf of USA Today has this report.

Lawrence Hurley of Reuters reports that "U.S. justices indicate support for Arizona church in free speech case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: If a law turns out to be 'silly' . . ."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Reed v. Town of Gilbert, No. 13-502.
Posted at 02:54 PM by Howard Bashman



"Supreme Court coy on same-sex marriage": Josh Gerstein of Politico.com has this blog post today.
Posted at 02:45 PM by Howard Bashman


"Ron Castille: From Vietnam valor and injury to historic tenure as Pa. chief justice." Chris Mondics has this front page article in today's edition of The Philadelphia Inquirer.
Posted at 02:37 PM by Howard Bashman


"Your Right to Take a Tiger Selfie": Law professor Noah Feldman recently had this essay online at Bloomberg View.
Posted at 01:08 PM by Howard Bashman


"Google v. Oracle: Supreme Court asks feds' opinion in patent fight." Howard Mintz of The San Jose Mercury News has this update.
Posted at 12:56 PM by Howard Bashman


"Supreme Court justices or mind readers? You be the judge." Richard Wolf of USA Today has this report.
Posted at 12:54 PM by Howard Bashman


"Justices appear to favor small Arizona church over sign law": Mark Sherman of The Associated Press has this report.
Posted at 12:53 PM by Howard Bashman


"Retiring Chief Justice Castille says he kept faith in fellow jurists": In yesterday's edition of The Morning Call of Allentown, Pennsylvania, Peter Hall had this article in which I am quoted.
Posted at 09:52 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 three cases.

Justice Samuel A. Alito, Jr. issued a dissent from the denial of certiorari in Kalamazoo County Road Comm'n v. Deleon.

In early news coverage, Greg Stohr of Bloomberg News reports that "Gay Marriage Decision Deferred as High Court Rejects One Appeal"; "Google Appeal in Oracle Java Case Draws Supreme Court Inquiry"; and "Ex-Goldman Director Gupta Rejected by Top Court on Lifetime Ban."

Lawrence Hurley of Reuters reports that "Supreme Court rejects Louisiana gay marriage case, takes no action on four others" and "U.S. top court turns away banks' appeal in credit unions case."

The Associated Press reports that "Justices won't question California Delta smelt protections"; "Court won't hear free speech challenge to metals dealers law"; "Supreme Court won't hear dispute over DUI blood tests"; "Supreme Court won't hear land dispute over Manhattan park": and "High court won't block Michigan road worker's lawsuit."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court denies one same-sex marriage case."
Posted at 09:33 AM by Howard Bashman



"Supreme Court Sees The Signs -- But Can They Stay?" Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."

And Mark Sherman of The Associated Press reports that "Justices hear small church fight over Arizona town sign law."
Posted at 08:20 AM by Howard Bashman



Sunday, January 11, 2015

"Will Obama Be Able To Keep His Promise Of Closing Guantanamo Bay?" This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 09:12 PM by Howard Bashman


"Abortion Restrictions Pick Up Steam in GOP-Led States; Tennessee Mirrors National Movement Toward New Limits on the Procedure": Arian Campo-Flores and Cameron McWhirter will have this article in Monday's edition of The Wall Street Journal.

You can freely access the full text of the article via Google.
Posted at 09:07 PM by Howard Bashman



"Tech Firms Again Look to High Court in Software Case; Justices Expected to Act on Google Request to Intervene in Copyright Fight With Oracle": Brent Kendall will have this article in Monday's edition of The Wall Street Journal.
Posted at 09:02 PM by Howard Bashman


"Supreme Court justices shouldn't attend State of the Union": Columnist Jeff Jacoby has this op-ed in today's edition of The Boston Globe.
Posted at 08:44 PM by Howard Bashman


"Bernstein pledges fairness on Supreme Court": Columnist Louise Knott Ahern has this essay online today at The Lansing State Journal.
Posted at 08:42 PM by Howard Bashman


"Fitting gift for Supreme Court Justice Sotomayor: Three Yankees, by CNY doc who loves to paint." The Post-Standard of Syracuse, New York has this report.
Posted at 08:34 PM by Howard Bashman


"Supreme Court faced gay rights decision in 1958 over 'obscene' magazine": David G. Savage of The Los Angeles Times has this report.
Posted at 08:20 PM by Howard Bashman


"U.S. Supreme Court to weigh new religious rights case": Lawrence Hurley of Reuters has this report.
Posted at 08:17 PM by Howard Bashman


"Amicus: The Super Lawyers; Dahlia Lithwick talks to the author of a new report about the elite group of lawyers who bring most of the cases at the Supreme Court." Slate posted this podcast online yesterday.
Posted at 04:12 PM by Howard Bashman


"Attorney's ear-licking harassment conviction upheld by court": The Associated Press has this report on a ruling that the Intermediate Court of Appeals of Hawaii issued on Friday.
Posted at 02:20 PM by Howard Bashman


"High court case could foil government suits over job bias": Sam Hananel of The Associated Press has this report.
Posted at 02:11 PM by Howard Bashman


Saturday, January 10, 2015

"Shirvell's anti-gay rants not protected, court says": The Associated Press has this report.

And The Michigan Daily reports that "Ruling over anti-gay rhetoric against University student overturned."

You can access Wednesday's ruling of the Michigan Court of Appeals at this link.
Posted at 11:58 PM by Howard Bashman



"3 openings on top Pa. court draw lots of interest": The Associated Press has this report.
Posted at 11:52 PM by Howard Bashman


"This memorandum proposes a strategy of litigation, supplication, and agitation to solve our national PACER problem in 2015." So begins a memorandum of law that Carl Malamud has posted online.
Posted at 11:44 PM by Howard Bashman


"Michael McConnell responds to questions about the raisins case": Will Baude has this post today at "The Volokh Conspiracy."
Posted at 11:40 PM by Howard Bashman


"Guantanamo Judges Told to Stay Put and Get Trials Moving": Bloomberg News has this report.
Posted at 11:38 PM by Howard Bashman


"Health-Law Suit Hints at G.O.P. Divide": Abby Goodnough will have this article in Sunday's edition of The New York Times.
Posted at 11:34 PM by Howard Bashman


"The Legal Olympian: Cass Sunstein and the modern regulatory state." Lincoln Caplan has this article in the January-February 2015 issue of Harvard Magazine.
Posted at 10:32 PM by Howard Bashman


The "Exemplary Legal Writing 2014 Honorees" from The Green Bag Almanac & Reader can be viewed online: At this link. Justice Don R. Willett is omitted no more.
Posted at 10:28 PM by Howard Bashman


"Argument preview: Pointing the way on signs." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 01:28 PM by Howard Bashman


"Gay marriage arguments heard in 5th Circuit": Cheryl Wetzstein of The Washington Times has this report.

And Bloomberg News reports that "Gulf Coast Gay Marriage Bans Get Cool Reception at Appeals Court."
Posted at 01:26 PM by Howard Bashman



"Remembering Aaron Swartz with action: watch new, unreleased footage from 'Internet's Own Boy'; Two years after the death of hacker, activist, and good human being Aaron Swartz, new video and a new way to bring life to his legacy of making the world a better place." Xeni Jardin had this post Thursday at "Boing Boing."
Posted at 01:15 PM by Howard Bashman


"Sharp new critique of same-sex marriage rulings": Lyle Denniston has this post today at "SCOTUSblog."

My earlier coverage of yesterday's Ninth Circuit order denying rehearing en banc, and the dissent therefrom, can be accessed here.
Posted at 01:12 PM by Howard Bashman



"A License to Say Anything?" In today's edition of The New York Times, professor Corey Brettschneider and law professor Nelson Tebbe have an op-ed that begins, "Specialty license plates -- which bear the logo of a college or a sports team, or a slogan like 'Save Our Seas' or 'Stop Child Abuse' -- bring in lots of money for state governments, as well as the schools, nonprofit groups, professional organizations and other entities that sponsor them. But these vehicular tags have also become a new frontier in debates over freedom of speech."
Posted at 10:36 AM by Howard Bashman


"Ohio Supreme Court to hear arguments from two former NFL players challenging Cleveland's 'jock tax' for visiting teams": The Akron Beacon Journal has this report.
Posted at 10:28 AM by Howard Bashman


"With Baltimore plaintiff MIA, Supreme Court drops his case": This article appears in today's edition of The Baltimore Sun.
Posted at 10:24 AM by Howard Bashman


Friday, January 9, 2015

"Larger 9th Circuit panel won't rehear Idaho gay marriage case": The Idaho Statesman has this news update.

And The Associated Press reports that "Appellate court won't reconsider Idaho gay marriage."

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit denying rehearing en banc at this link. Circuit Judge Diarmuid F. O'Scannlain issued a lengthy dissent, in which Circuit Judges Johnnie B. Rawlinson and Carlos T. Bea joined.
Posted at 11:46 PM by Howard Bashman



"Federal Appeals Court Appears Poised To Strike Down Three Southern States' Same-Sex Marriage Bans; After oral arguments about Louisiana, Mississippi, and Texas' bans on marriages for same-sex couples, the 5th Circuit of Appeals looks likely to strike the laws down": Chris Geidner of BuzzFeed has this report.
Posted at 09:23 PM by Howard Bashman


"The Complete Posner on Posner Series": The "Concurring Opinions" blog has collected the links to all 12 entries in the series in this one post.
Posted at 08:42 PM by Howard Bashman


"A New Year For Technology at the Supreme Court? Not a Chance." Eric Segall has this blog post today at "Dorf on Law."
Posted at 08:39 PM by Howard Bashman


"Second Thoughts About the Fourth Circuit's First Amendment Ruling on Mandatory Ultrasound for Women Seeking Abortions": Michael Dorf has this post today at his blog, "Dorf on Law."
Posted at 08:30 PM by Howard Bashman


"Appeals court won't rehear a BP oil spill liability argument": The Associated Press has this report on an order (accompanied by a dissent) that the U.S. Court of Appeals for the Fifth Circuit issued today denying rehearing en banc by a vote of 7-to-6.
Posted at 08:26 PM by Howard Bashman


"Court orders new look at armed criminal law": Lyle Denniston has this post at "SCOTUSblog."

You can access today's order of the U.S. Supreme Court at this link.
Posted at 08:15 PM by Howard Bashman



"Supreme Court Dismisses Case After Litigant Never Surfaces; Plaintiff Whose Case Was Accepted by High Court Can't Be Found": Brent Kendall of The Wall Street Journal has this report.
Posted at 04:42 PM by Howard Bashman


"Oklahoma death row inmates seek emergency stays of execution": The Associated Press has a report that begins, "Attorneys on Friday asked a federal appeals court to delay the executions of four Oklahoma inmates while the court considers their joint appeal."
Posted at 04:35 PM by Howard Bashman


"Civil rights loom as appeals court considers gay marriage": The Associated Press has this report.
Posted at 04:30 PM by Howard Bashman


"Supreme Court dismisses case with missing plaintiff": The Associated Press has this report.
Posted at 03:58 PM by Howard Bashman


The U.S. Court of Appeals for the Fifth Circuit has posted online the audio of today's three same-sex marriage oral arguments: You can access the audio via this link.

The oral argument in the Louisiana case can be accessed here (55.2 MB mp3 audio file).

The oral argument in the Mississippi case can be accessed here (57.5 MB mp3 audio file).

And the oral argument in the Texas case can be accessed here (55.4 MB mp3 audio file).
Posted at 03:15 PM by Howard Bashman



Alan M. Dershowitz argued an appeal on Tuesday in the U.S. Court of Appeals for the Fifth Circuit: You can access the oral argument audio via this link (92.8 MB mp3 audio file).
Posted at 02:54 PM by Howard Bashman


"Court issues orders but does not grant any new cases": Lyle Denniston has this post at "SCOTUSblog."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court takes no action on pending gay marriage cases."

And Josh Gertstein of Politico.com has a blog post titled "Supreme Court silent on same-sex marriage cases."

You can access today's italicized Order List of the U.S. Supreme Court at this link.
Posted at 02:41 PM by Howard Bashman



"House Vote and Nebraska Ruling Raise Pressure on Obama Over Pipeline": The New York Times has this news update.
Posted at 01:30 PM by Howard Bashman


"High court justices meet to decide whether to hear gay marriage case": David G. Savage of The Los Angeles Times has this news update.
Posted at 01:24 PM by Howard Bashman


"Appeals judges ask more questions from gay marriage opponents at hearing on Louisiana's ban": Andy Grimm of The Times-Picayune of New Orleans has this news update.

Chuck Lindell and Jazmine Ulloa of The Austin American-Statesman have a news update headlined "Judges skeptical of Louisiana marriage arguments."

And The Associated Press has a report headlined "Louisiana's appeal: Gay marriage is 'novel' and risky."
Posted at 01:09 PM by Howard Bashman



"Chief Justice Thomas G. Saylor induction ceremony": The Unified Judicial System of Pennsylvania has posted the video at this link.
Posted at 12:18 PM by Howard Bashman


"It's high noon for high court on gay marriage": Richard Wolf of USA Today has this report.

And The Cleveland Plain Dealer reports that "Legal experts predict Supreme Court will take gay marriage case from Ohio's federal appeals court."
Posted at 10:22 AM by Howard Bashman



"Nebraska Supreme Court upholds law used to route Keystone XL": Joe Duggan of The Omaha World-Herald has this news update.

Nicholas Bergin of The Lincoln Journal Star has a news update headlined "Court upholds law used to route Keystone XL."

Andrew Harris of Bloomberg News reports that "Keystone Pipeline Nebraska Path Cleared by State High Court."

And The Associated Press reports that "Nebraska high court tosses suit over Keystone pipeline route."

You can access today's ruling of the Supreme Court of Nebraska at this link.

It is interesting to note that Nebraska is another state that has adopted a constitutional provision specifying that "[n]o legislative act shall be held unconstitutional except by the concurrence of five judges." Although four of the seven justices in today's ruling voted to hold that the law being challenged -- which allows allows "major oil pipeline" carriers to bypass ordinary regulatory procedures -- was unconstitutional, the constitutional challenge failed by operation of law because a super-majority of five justices did not agree.
Posted at 10:02 AM by Howard Bashman



"Donald Lemons becomes 26th Va. Supreme Court chief justice": Frank Green of The Richmond Times-Dispatch has this report.
Posted at 08:47 AM by Howard Bashman


"Court of Appeals begins 2015 two judges down": Capital New York has an article that begins, "The state's highest court is set to begin its 2015 session down two judges from its usual complement of seven, a deficit that could potentially affect dozens of cases on the court's docket."
Posted at 08:46 AM by Howard Bashman


"Billboards and the Bill of Rights: The Supreme Court is slowly changing the meaning of words in free-speech law -- and not for the better." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 08:43 AM by Howard Bashman


"Oklahoma man who struck down Ten Commandments monument heads home from hospital, the same day the monument is replaced at Capitol": The Oklahoman has this report.
Posted at 08:36 AM by Howard Bashman


"East Tennessee gay couples await Supreme Court announcement": The Knoxville News Sentinel has this report.

And The Detroit Free Press reports today that "Supreme Court may take Michigan same-sex marriage case."
Posted at 08:34 AM by Howard Bashman



"Gay marriage bans in South will be heard in federal court": The Associated Press has a report that begins, "Bans on gay marriage in three staunchly conservative Southern states were to get a hearing in a federal appeals court Friday -- the latest legal battle over an issue expected to be settled by the nation's highest court."
Posted at 08:29 AM by Howard Bashman


Thursday, January 8, 2015

"Jon Wilcox backs election of chief justice on state Supreme Court": Patrick Marley of The Milwaukee Journal Sentinel has a news update that begins, "A former state Supreme Court justice called Thursday for allowing members of the court to pick who will lead them, but said he would be comfortable with putting off making the change for five years."
Posted at 11:11 PM by Howard Bashman


"Alan Dershowitz Vows to Clear Name After Sex Abuse Accusation; The prominent criminal law expert, accused of sexual relations with a minor, vehemently denies the allegations": Jonathan Handel has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.

And yesterday and today at National Review Online's "Bench Memos" blog, Ed Whelan had posts titled "Alan Dershowitz's Curious Denials" and "Alan Dershowitz Responds."
Posted at 10:32 PM by Howard Bashman



"On-call workers entitled to pay for all hours spent at job, court rules": Maura Dolan of The Los Angeles Times has this news update reporting on a ruling that the Supreme Court of California issued today.
Posted at 10:28 PM by Howard Bashman


"Courts wrestle with wave of new state abortion laws": Paige Winfield Cunningham of Politico.com has this report today.
Posted at 10:12 PM by Howard Bashman


"The Supreme Court's Citizens United decision continues to echo": Amanda Hollis-Brusky has this essay online at The Los Angeles Times.

Hollis-Brusky is the author of the forthcoming book "Ideas with Consequences: The Federalist Society and the Conservative Counterrevolution."
Posted at 08:12 PM by Howard Bashman



"ND Supreme Court declines to rehear drug-induced abortion case": The The Forum of Fargo-Moorhead, North Dakota has this report.
Posted at 08:09 PM by Howard Bashman


"State revises death penalty protocol, will delay executions": Alan Johnson of The Columbus Dispatch has this news update.

And Reuters reports that "Ohio to change execution drugs after inmate's prolonged death."
Posted at 07:58 PM by Howard Bashman



"Could you decide on death penalty in Tsarnaev case?" Online at The Boston Globe, columnist Thomas Farragher has an essay that begins, "Could you sit in a room with 11 other people and decide to strap Dzohkhar Tsarnaev to a gurney inside a federal prison where nameless technicians would inject him with a deadly poison?"
Posted at 07:54 PM by Howard Bashman


"The Supreme Court: Guilty as Charged." Online at Newsweek, law professor Erwin Chemerinsky has an essay that begins, "After 227 years of history, how should we judge the U.S. Supreme Court?"
Posted at 07:52 PM by Howard Bashman


"The legal argument against mandatory vaccination": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 07:46 PM by Howard Bashman


"New Virginia Supreme Court chief justice Donald Lemons sworn in Thursday": The Associated Press has this report.
Posted at 07:40 PM by Howard Bashman


"States Fight Obama's Claim Immigration Order Is Unreviewable": Laurel Brubaker Calkins of Bloomberg News has a report that begins, "Twenty-five states' top lawyers blasted the federal government's claim that President Barack Obama's executive order letting more than 4 million undocumented immigrants stay in the U.S. is above judicial review."
Posted at 07:38 PM by Howard Bashman


"Same-Sex Marriage Primed for Review as U.S. High Court Gathers": Greg Stohr and Andrew Harris of Bloomberg News have this report.
Posted at 07:33 PM by Howard Bashman


"Roberts's Frost: A poetic justice." Adam J. White has this blog post online today at The Weekly Standard.
Posted at 05:02 PM by Howard Bashman


"What Ruth Bader Ginsburg Taught Me About Being a Stay-at-Home Dad: A young lawyer puts his former boss's ideals into practice." Ryan Park has this essay online today at The Atlantic.
Posted at 04:48 PM by Howard Bashman


"Guantanamo order bars women from moving accused in 9/11 case": The Associated Press has a report that begins, "A military judge ordered officials at the U.S. Navy base in Guantanamo Bay, Cuba, on Wednesday to stop using female guards to move the five defendants in the Sept. 11 case to court and back and to meetings with their lawyers."
Posted at 04:02 PM by Howard Bashman


"New high court look at gay marriage? Now legal in 36 states." Mark Sherman of The Associated Press has this report.
Posted at 03:58 PM by Howard Bashman


Eighth Circuit sides with recent rulings of other federal appellate courts in limiting cy pres awards from proceeds of class action settlements: You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 03:55 PM by Howard Bashman


"ACLU joins fight over Pennsylvania law curbing inmate speech": The Associated Press has this report.
Posted at 03:19 PM by Howard Bashman


"Grand jury recommends criminal charges against Attorney General Kathleen Kane": Craig R. McCoy and Angela Couloumbis of The Philadelphia Inquirer have a news update that begins, "The special prosecutor and grand jury investigating allegations that Attorney General Kathleen G. Kane leaked secret information to a newspaper have found evidence of wrongdoing and recommended that she be criminally charged, according to numerous people familiar with the decision."
Posted at 03:16 PM by Howard Bashman


"Connecticut Supreme Court Rules State Can Force Chemotherapy On Teen": The Hartford Courant has this news update.

And The Associated Press reports that "Connecticut court rules against teen who didn't want chemo."
Posted at 03:04 PM by Howard Bashman



Winner, winner: The Indianapolis Star has an article headlined "Supreme Court backs home-school group in chicken dinner squabble" that begins, "After six years, tens of thousands of dollars in attorneys fees and a trip to the Supreme Court an argument that began over a chicken dinner has reached a conclusion."

You can access Tuesday's ruling of the Supreme Court of Indiana at this link.
Posted at 02:03 PM by Howard Bashman



"Massachusetts court mulls case reviews after crime lab scandal": Reuters has a report that begins, "Civil rights lawyers on Thursday asked Massachusetts' top court for measures that would help thousands of people overturn drug convictions based on evidence tainted by a rogue crime lab scientist, in a case that could have national implications."
Posted at 01:58 PM by Howard Bashman


"New Ten Commandments monument erected at Oklahoma state Capitol": The Oklahoman has this news update.

The Tulsa World has a news update headlined "Ten Commandments monument reinstalled on Capitol grounds."

And The Associated Press has a report headlined "10 Commandments monument: 'Thou shalt be replaced.'"
Posted at 01:56 PM by Howard Bashman



"Court to decide Friday if it'll hear gay marriage case": The Detroit News has this report.
Posted at 01:45 PM by Howard Bashman


"Supreme Court's 2015 term will impact 2016 race": Jonathan Keim has this post today at the "Congress Blog" of The Hill.
Posted at 01:42 PM by Howard Bashman


"Drug firms take Alameda County law to U.S. Supreme Court": Matthew Artz of The Oakland Tribune has an article that begins, "Drug companies are asking the nation's highest court to throw out a first-of-its-kind Alameda County law that requires them to pay to collect and discard unwanted prescription pills."
Posted at 01:14 PM by Howard Bashman


"Texas Abortion Clinic Rules Tested in Appeals Court": Erik Eckholm has this article in today's edition of The New York Times.
Posted at 01:09 PM by Howard Bashman


"Kansas to defend its antitrust powers before U.S. Supreme Court; USD 501 among plaintiffs in lawsuit alleging gas price-fixing": The Topeka Capital-Journal has an article that begins, "The state of Kansas next week will present to the U.S. Supreme Court its argument for the right of individual states to regulate antitrust practices in the natural gas industry."
Posted at 01:07 PM by Howard Bashman


"Voter ID law opponents ask U.S. Supreme Court to hear case": Jason Stein of The Milwaukee Journal Sentinel has this report.

And The Associated Press reports that "Groups ask Supreme Court to hear Wisconsin voter ID case."

Yesterday, the ACLU issued a news release titled "ACLU Seeks Supreme Court Review in Wisconsin Voter ID Case." You can view the cert. petition at this link.

At his "Election Law Blog," Rick Hasen offers these comments on the cert. petition.
Posted at 12:04 PM by Howard Bashman



"Notorious R.B.G. Gets Her Own Biography, From the People Who Made Her a Meme": Kat Stoeffel had this post yesterday at "The Cut" blog of New York magazine.
Posted at 11:39 AM by Howard Bashman


"Can Connecticut Force A Teenage Girl To Undergo Chemotherapy?" This audio segment appeared on today's broadcast of NPR's "Morning Edition."

The case is being orally argued at noon today in the Supreme Court of Connecticut.
Posted at 10:45 AM by Howard Bashman



"If this isn't a taking, what is?" Today at "The Volokh Conspiracy," Will Baude has a post that begins, "Over the past several years, I have learned far more about the strange federal laws regulating raisins than I had ever expected to."
Posted at 10:40 AM by Howard Bashman


"The Supreme Court: Draw back the curtain? No cameras may penetrate the sacred chamber for quite a while." This article will appear in the January 10, 2015 issue of The Economist magazine.
Posted at 10:32 AM by Howard Bashman


"Supreme Court to meet again to decide on hearing gay marriage": Lawrence Hurley of Reuters has this report.
Posted at 10:27 AM by Howard Bashman


"Delta smelt legal battle heads to Supreme Court": David G. Savage has this article in today's edition of The Los Angeles Times.
Posted at 09:07 AM by Howard Bashman


"Foie gras ban is overturned": This front page article appears in today's edition of The Los Angeles Times.

Today's edition of The San Francisco Chronicle contains a front page article headlined "California foie gras ban struck down by judge, delighting chefs."

Howard Mintz of The San Jose Mercury News reports that "California foie gras ban struck down."

The New York Times reports that "Judge Overturns California Ban on Foie Gras."

The Washington Times reports that "California ban on foie gras struck down; Foodies rejoice and animal-rights activists decry judge's decision."

The Guardian (UK) reports that "Federal judge strikes down California foie gras ban."

Reuters reports that "Federal judge makes foie gras sales legal in California."

Bloomberg News reports that "Foie Gras Producers, Restaurants Defeat California Ban."

And The Associated Press reports that "Ruling puts foie gras back on California menus."

You can access yesterday's ruling of the U.S. District Court for the Central District of California at this link (via WSJ.com's "Law Blog").
Posted at 09:02 AM by Howard Bashman



Wednesday, January 7, 2015

"It's All Right with Sam": Linda Greenhouse has this essay online at The New York Times.
Posted at 11:59 PM by Howard Bashman


"Gay marriage cases from Louisiana, Texas, Miss., to be heard in appeals court Friday": Andy Grimm of TheTimes-Picayune of New Orleans has this report.
Posted at 11:58 PM by Howard Bashman


"Tsarnaev jury's built-in bias": Columnist Joan Vennochi has this op-ed online today at The Boston Globe.
Posted at 11:52 PM by Howard Bashman


"Undue Burden In Texas At Issue In Federal Court": This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 11:47 PM by Howard Bashman


"Alan Dershowitz responds in legal feud with U. professor Paul Cassell": The Deseret News has this update.

And online at The Hill, Lanny Davis has an essay titled "Misuse of courts -- there must be a better way."
Posted at 11:22 PM by Howard Bashman



"Botched Lethal Injection Executions Reignite Death Penalty Debate": This audio segment appeared on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 03:37 PM by Howard Bashman


"Philip Morris USA Loses Appeal of Widow's Label Warning Win": Bloomberg News has a report that begins, "Philip Morris USA lost an appeal of a $4.93 million award to the widow of a man who said he wouldn't have started smoking when he was 13 years old in the 1960s if he had known it caused cancer, in the latest setback for cigarette companies battling historic wrongful-death litigation."

You can access today's summary order of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 03:34 PM by Howard Bashman



On trial or on appeal? Reuters reports today that "Gay marriage bans in three southern states on trial at U.S. appeals court."
Posted at 03:30 PM by Howard Bashman


"Tobacco companies criticize federal judge": The Associated Press has a report that begins, "Tobacco companies say they are being forced by a federal judge to inaccurately call themselves unscrupulous villains who continue to deceive the American public."
Posted at 03:27 PM by Howard Bashman


"Abortion foes confident following hearing on Texas law": Brian M. Rosenthal of The Houston Chronicle has this news update.

Reuters reports that "U.S. appeals court hears arguments on restrictive Texas abortion law."

And Bloomberg News has reports headlined "Texas Tells Judges Abortion Clinic Rules Protect Women" and "Deciding Fate of Texas Abortion Clinics: Three Judges Appointed by Bush."

I have linked to the oral argument audio in an update to the post that appears immediately below.
Posted at 03:11 PM by Howard Bashman



"U.S. Court Weighs Texas Law's Burden On Women Seeking Abortions": This audio segment appeared on today's broadcast of NPR's "Morning Edition."

Once the U.S. Court of Appeals for the Fifth Circuit posts online the audio of today's oral argument, I will link to it.

Update: The audio of today's oral argument can be accessed via this link (106 MB mp3 audio file).
Posted at 11:56 AM by Howard Bashman



"Plaintiffs brought this action challenging on constitutional grounds New York State's requirement that all children be vaccinated in order to attend public school." So begins a unanimous per curiam opinion that a three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.

Today's ruling affirms the district court's rejection of the constitutional challenge.

Update: In news coverage, Reuters reports that "U.S. court upholds NY state vaccination requirement for students."
Posted at 11:04 AM by Howard Bashman



"Foreword: The Supreme Court's Shadow Docket." Law professor William Baude has posted this paper online at SSRN (via "Election Law Blog").
Posted at 09:02 AM by Howard Bashman


"Two U.S. lawyers file defamation suit against attorney Dershowitz": Reuters has this report.

USA Today reports that "Lawyers snipe in Prince Andrew 'sex slave' case."

The Guardian (UK) reports that "Alan Dershowitz vows to fight 'outrageous' underage sex allegations; Harvard law professor accused of having sex with a minor on private planes but lawyers say allegations are categorically false; lawyers for Jane Doe 3 have responded with counter-claim."

And BBC News reports that "Alan Dershowitz sued in Prince Andrew sex abuse case; Lawyers representing a woman who has alleged Prince Andrew and law professor Alan Dershowitz had sex with her when she was a minor are suing Mr Dershowitz for defamation."
Posted at 08:55 AM by Howard Bashman



"Obama won't sign Keystone pipeline legislation; Nebraska court decision among factors": This front page article appears in today's edition of The Omaha World-Herald.
Posted at 08:45 AM by Howard Bashman


"The Troll's Lawyer: A virulent Jew-hating hacktivist and a burned-out, unemployed lawyer teamed up to challenge a sweeping computer crime law; Here's how they beat the Feds." Adam L. Penenberg has this article online at Medium (via Orin Kerr).
Posted at 08:42 AM by Howard Bashman


"Nude dancing case heard by Georgia Supreme Court": The Atlanta Journal-Constitution has this report.
Posted at 08:23 AM by Howard Bashman


"Pharma Asks U.S. Supreme Court to Review County Take-Back Program": Ed Silverman has this post at WSJ.com's "Pharmalot" blog.

You can access the petition for writ of certiorari at this link.
Posted at 08:21 AM by Howard Bashman



"Lawyers for terrorism suspect take fight to U.S. Supreme Court": The Chicago Tribune has this report.

You can view the petition for writ of certiorari at this link.
Posted at 08:15 AM by Howard Bashman



"In-depth: David Lat on 'Supreme Ambitions'; Author David Lat goes 1-on-1 about his new, federal judiciary-based novel 'Supreme Ambitions' with co-lawyer and Docket host Seema Iyer." msnbc has posted this video online.
Posted at 08:11 AM by Howard Bashman


"Pneumatic Fever: The Supreme Court doesn't want to rush into embracing new technology; But it shouldn't crawl either." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:09 AM by Howard Bashman


"Same-sex marriage advocates have sights set on US supreme court in 2015": The Guardian (UK) has this report.
Posted at 08:07 AM by Howard Bashman


"State's high court has female majority for first time as justices sworn in": The Arkansas Democrat-Gazette has this report.

And the Arkansas News Bureau reports that "Arkansas Supreme Court gets female majority."
Posted at 08:04 AM by Howard Bashman



Tuesday, January 6, 2015

"The Federal Circuit and Judicial Transparency": Jason Rantanen has this post today at "Patently-O."
Posted at 10:04 PM by Howard Bashman


"Arpaio/Klayman ask D.C. Circuit to accelerate appeal of Obama executive order immigration case; Tell Judges That There is No Time to Waste": Freedom Watch issued this news release today.

You can access the motion to expedite filed today in the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 09:32 PM by Howard Bashman



"The Supreme Court bar as a tool of business": Tom Goldstein has this post today at "SCOTUSblog."
Posted at 09:12 PM by Howard Bashman


"'Jane Doe' Lawyers Sue Dershowitz for Defamation": Jacob Gershman has this post at WSJ.com's "Law Blog." You can access the complaint initiating suit in Florida state court at this link.

In other coverage, The Deseret News reports that "U. professor Paul Cassell fires back at Alan Dershowitz, files defamation suit."

Pamela Manson of The Salt Lake Tribune reports that "Utah law professor files defamation suit against Alan Dershowitz."

Pat Reavy of KSL.com reports that "U. professor Paul Cassell fires back at Dershowitz, files defamation suit."

The Boston Globe reports that "Sued for defamation, Dershowitz 'thrilled' at chance to question lawyers of sex crime accuser."

The New York Daily News reports that "Alan Dershowitz moves to sue lawyers representing alleged teen 'sex slave' for defamation, but they sue him first."

Josh Gerstein of Politico.com has a blog post titled "Filings fly over Alan Dershowitz sex claims."

And The Harvard Crimson reports that "As Dershowitz Takes Action To Refute Allegations, Lawyers Sue for Defamation; Dershowitz, Accused of Sexual Misconduct, Says He 'Welcome[s]' Lawsuit."
Posted at 08:47 PM by Howard Bashman



"Chief Justice Thomas Saylor: Six things you might not know about him." Jan Murphy of The Patriot-News of Harrisburg, Pennsylvania has this update.

And The Associated Press reports that "Turzai sworn in as House speaker; Saylor sworn in as Supreme Court chief justice."
Posted at 08:17 PM by Howard Bashman



"Ex-NFL players can sue EA over Madden NFL video games": Howard Mintz of The San Jose Mercury News has this update.

Karen Gullo of Bloomberg News reports that "Electronic Arts Must Face Ex-Players' Case Over Madden Games."

The Associated Press reports that "NFL players' lawsuit vs. video-game maker allowed to advance."

Variety reports that "NFL Players Win Appellate Ruling Over 'Madden NFL' Game."

Courthouse News Service reports that "EA Loses 9th Circuit Fracas With NFL Retirees."

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Retired Football Players Allowed to Advance in Lawsuit Over EA's 'Madden NFL'; Appeals court won't allow the game company's First Amendment arguments to overcome athletes' publicity rights."

I have posted today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Update: In other coverage, Jonathan Stempel of Reuters reports that "Electronic Arts must face ex-NFL players' lawsuit over video games."

David Kravets of Ars Technica reports that "NFL players win appeals court ruling in EA Madden NFL flap; Decision paves the way for a trial or settlement with as many as 6,000 players."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Electronic Arts Loses Attempt to Toss ex-Player Lawsuit."
Posted at 05:07 PM by Howard Bashman



"Thomas G. Saylor becomes 56th Chief Justice of Pennsylvania": The Administrative Office of Pennsylvania Courts issued this news release today.
Posted at 04:11 PM by Howard Bashman


"Death penalty case could be test for the new state Supreme Court": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 01:50 PM by Howard Bashman


"Conservatives Know the Latest Obamacare Challenge Is Weak -- That's Why They're Trying to Spin John Roberts": Brian Beutler has this essay online today at The New Republic.
Posted at 01:46 PM by Howard Bashman


"Connecticut court to hear case of teen refusing chemotherapy": The Associated Press has a report that begins, "The Connecticut Supreme Court will decide whether state officials were right to force a 17-year-old girl to undergo chemotherapy against her and her mother's wishes."
Posted at 12:17 PM by Howard Bashman


"'America's Bitter Pill' Makes Case For Why Health Care Law 'Won't Work'": This lengthy interview with Steven Brill about his new book -- "America's Bitter Pill: Money, Politics, Backroom Deals, and the Fight to Fix Our Broken Healthcare System" -- appeared on yesterday's broadcast of NPR's "Fresh Air."
Posted at 10:28 AM by Howard Bashman


Carrie Johnson of NPR is reporting: On today's broadcast of "Morning Edition," Johnson had an audio segment titled "Senate Slow To Schedule Hearings For Attorney General Nominee."

And on yesterday evening's broadcast of "All Things Considered," she had an audio segment titled "Prosecutors Say Tools For Hiding Online Hinder Cybercrime Crackdowns."
Posted at 10:24 AM by Howard Bashman



"Tsarnaev Defense Attorney Has Long History With High-Profile Cases": This profile of Judy Clarke appeared on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 10:22 AM by Howard Bashman


"New chief justice has soft spot for animals": Today at the "Philly Dawg" blog of The Philadelphia Inquirer, Amy Worden has a post that begins, "Supreme Court Justice Thomas G. Saylor takes the oath of office later today as the new chief justice of Pennsylvania's highest court -- the oldest appellate court in the nation."
Posted at 10:14 AM by Howard Bashman


"Now, the Supreme Court gets really interesting": Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:06 AM by Howard Bashman


"The Supreme Court's Advocacy Gap": Lincoln Caplan has this post online today at The New Yorker.
Posted at 09:54 AM by Howard Bashman


"Alan Dershowitz denies sex allegation, calls for U. professor to be disbarred": This article appears in today's edition of The Deseret News.

The New York Daily News has an article headlined "Prince Andrew scandal: Alan Dershowitz's wife defends him as he says allegations of sex with underage girl are 'totally false,' threatens legal action."

Reuters has a report headlined "Top U.S. lawyer Dershowitz: can his accusers in sex abuse case be disbarred?"

CNN.com reports that "Underage sex claims against Prince Andrew, Dershowitz blasted as 'false.'"

BBC News reports that "US lawyer takes legal action in Prince Andrew sex claim case."

The Independent (UK) has an article headlined "Prince Andrew sex allegations: US lawyer Alan Dershowitz also named in case begins legal battle to clear his name."

The Daily Mail (UK) has an article headlined "Harvard law professor embroiled in 'sex slave' scandal alongside Prince Andrew files defamation lawsuits over the claims -- and urges the duke to do the same."

And at WSJ.com's "Law Blog," Jacob Gershman has a post titled "Behind Epstein Suit, a Tussle Over Due Process and Victims' Rights." The newspaper has also posted online the "Motion for Limited Intervention by Alan M. Dershowitz" filed yesterday in the U.S. District Court for the Southern District of Florida.

Update: In other coverage, The Associated Press reports that "Prominent lawyer Alan Dershowitz denies underage sex claims."
Posted at 08:16 AM by Howard Bashman



"As gay marriages begin in Florida, Supreme Court is set to meet on issue": Robert Barnes has this article in today's edition of The Washington Post.
Posted at 08:09 AM by Howard Bashman


Monday, January 5, 2015

"Reining in the Purcell Principle": Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has posted this draft article online at SSRN.
Posted at 11:45 PM by Howard Bashman


"A Boston Bombing Gets a Boston Trial": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:44 PM by Howard Bashman


"Obama Nears Goal for Guantanamo With Faster Pace of Releases": Helene Cooper will have this article in Tuesday's edition of The New York Times.
Posted at 09:38 PM by Howard Bashman


"Elite Lawyers Before the Justices": These letters to the editor will appear in Tuesday's edition of The New York Times.
Posted at 09:05 PM by Howard Bashman


"NY court hears case of teen's brain kept for autopsy": The Associated Press has a report that begins, "New York's highest court was urged Monday to require medical examiners to inform families when they return autopsied bodies without certain organs."
Posted at 08:42 PM by Howard Bashman


"New California Supreme Court Justices Sworn-In Monday": Capital Public Radio of Sacramento, California has a report that begins, "Leondra Kruger and Mariano-Florentino Cuellar were sworn in as California Supreme Court justices by Governor Jerry Brown."

And in earlier coverage, last month The Sacramento Bee posted online an article headlined "Chief justice expects chattier California Supreme Court."
Posted at 08:34 PM by Howard Bashman



"Career in government service leads to Solicitor General's office for Ilana Eisenstein L'04": The University of Pennsylvania Law School issued this news release today.
Posted at 08:24 PM by Howard Bashman


"Judge Emilio M. Garza retired on January 5, 2015": The U.S. Court of Appeals for the Fifth Circuit posted this notice to its home page today. This retirement does not create a vacancy on that court, because Judge Garza had previously taken senior status.
Posted at 06:22 PM by Howard Bashman


"Time for defendants to reassess risk in data breach class actions?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 04:40 PM by Howard Bashman


"The Volokh Conspiracy, past and present": Orin Kerr has this follow-up post today at "The Volokh Conspiracy."
Posted at 04:33 PM by Howard Bashman


"James Risen, in Tense Testimony, Refuses to Offer Clues on Sources": Matt Apuzzo of The New York Times has this news update.

Matt Zapotosky of The Washington Post has a news update headlined "Reporter not asked to reveal source on witness stand."

And Josh Gerstein of Politico.com reports that "NYT's James Risen pushes back in hearing on leaks."
Posted at 04:25 PM by Howard Bashman



"U.S. appeals court to hear arguments on Texas abortion restrictions": Reuters has this report.
Posted at 01:55 PM by Howard Bashman


"Filibusters by Democrats Are Still Filibusters": Jonathan Bernstein has this essay online today at Bloomberg View.
Posted at 01:18 PM by Howard Bashman


"Court rules against Pa. list of juvenile sex offenders": Ben Finley has this front page article in today's edition of The Philadelphia Inquirer.

And in last Friday's edition of The Morning Call of Allentown, Pennsylvania, Peter Hall had an article headlined "Lifetime registration for juvenile sex offenders ruled unconstitutional."

My earlier coverage of last month's Pa. Supreme Court ruling -- including links to the opinions -- can be accessed here.
Posted at 01:14 PM by Howard Bashman



"Times Reporter Risen Tells Judge He Won't Testify on CIA Source": Andrew Zajac of Bloomberg News has this report.

The Associated Press reports that "NYT reporter refuses to answer questions in CIA leak case."

And Reuters reports that "NY Times reporter questioned in court in CIA leak case."
Posted at 01:05 PM by Howard Bashman



"Kagan's Words Echo at the Supreme Court 19 Years Later": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 12:22 PM by Howard Bashman


"A strike against rent-seeking": Columnist George F. Will recently had this op-ed in The Washington Post.
Posted at 11:45 AM by Howard Bashman


"Dershowitz Denies Allegations of Sexual Relations with Minor": Andrew M. Duehren has this article in today's edition of The Harvard Crimson.
Posted at 11:32 AM by Howard Bashman


"Linda Greenhouse and Jonathan Turley discuss the relationship between courts and the press": ABA Journal has posted this podcast online today.
Posted at 11:26 AM by Howard Bashman


"Justices, Referees, and Umpires: The Role of Discretion in Sports and Supreme Court Decisions." Eric Segall has this post today at the blog "Dorf on Law."
Posted at 11:24 AM by Howard Bashman


"SCOTUS Heads Toward the Cliff: Conservatives have made the Supreme Court radical; But not radical enough for libertarians." Michael O'Donnell has this review of two new books in the January/February 2015 issue of Washington Monthly.
Posted at 11:22 AM by Howard Bashman


"Reader poll on changes at the Volokh Conspiracy": Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 11:20 AM by Howard Bashman


"Afterword: Posner at 75 -- 'It's My Job.'" Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 08:42 AM by Howard Bashman


"The Bill: Steven Brill on how health-care reform went wrong." In the January 12, 2015 issue of The New Yorker, Malcolm Gladwell has this review of Steven Brill's new book, "America's Bitter Pill: Money, Politics, Backroom Deals, and the Fight to Fix Our Broken Healthcare System."
Posted at 08:40 AM by Howard Bashman


"Ohio wants U.S. Supreme Court to hear only 1 of 2 same-sex marriage cases": Alan Johnson of The Columbus Dispatch has this report.

And The Richmond (Ind.) Palladium-Item reports that "Ohio same-sex couples marrying in Wayne County."
Posted at 08:22 AM by Howard Bashman



"Texas Abortion Clinics Seen Facing Long Odds in Fight on Limits": Laurel Brubaker Calkins of Bloomberg News has an article today that begins, "Texas abortion clinics that persuaded a judge to throw out restrictions may face long odds in convincing a conservative U.S. appeals court to permanently block laws that would leave the second-largest U.S. state with only seven facilities, compared with 41 two years ago."
Posted at 08:17 AM by Howard Bashman


Sunday, January 4, 2015

"Shifting Politics on the Death Penalty": This editorial will appear in Monday's edition of The New York Times.
Posted at 11:48 PM by Howard Bashman


"Loretta Lynch questioned over secret deal depriving fraud victims of $40M; Probe of Obama attorney general nominee sought over secret deals for cooperators": Jim McElhatton of The Washington Times has a lengthy article that begins, "More than a year before President Obama nominated federal prosecutor Loretta Lynch to be attorney general, a former federal judge quietly called on Congress to investigate her U.S. attorney's office for trampling on victims' rights."
Posted at 11:42 PM by Howard Bashman


"Under the influence: 800 years of the Magna Carta; It settled a dispute between the king and the one-percenters 800 years ago -- and remains critically important today." Brian Bethune has this essay online at Maclean's.
Posted at 11:28 PM by Howard Bashman


"British and Dutch researchers develop new form of lie-detector test; Polygraph replacement could be in use in police stations around the world within a decade": The Guardian (UK) has this article. You can access the research paper at this link.
Posted at 11:24 PM by Howard Bashman


"Bring the Supreme Court into the 21st century by allowing cameras in the chamber": This editorial will appear in Monday's edition of The Washington Post.
Posted at 11:14 PM by Howard Bashman


"The Constitution According to Justices Scalia and Thomas: Alive and Kickin'." Law professor Eric J. Segall has this article in the current issue of the Washington University Law Review.
Posted at 09:48 PM by Howard Bashman


"US lawyer Alan Dershowitz threatens charges over sex claim": BBC News has this report.
Posted at 09:14 PM by Howard Bashman


"How Florida's gay-marriage advocates won the day -- and in just 18 months": This front page article appears in today's edition of The Miami Herald.

And this evening, the newspaper has a related news update headlined "Jeb Bush on court-ordered gay marriages in Florida: 'It ought to be a local decision.'"
Posted at 08:06 PM by Howard Bashman



"Judge candidates' free-speech rights at issue before the Supreme Court": Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 07:56 PM by Howard Bashman


"Pa. justices split on text messages as evidence of drug trade": Peter Hall has this article in today's edition of The Morning Call of Allentown, Pennsylvania.

Last Tuesday's affirmance by an equally divided Supreme Court of Pennsylvania consisted of a per curiam order, an opinion in support of affirmance, and two opinions in support of reversal (here and here).
Posted at 05:30 PM by Howard Bashman



"Judges talking with former jurors after the verdict": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 05:09 PM by Howard Bashman


"Michigan's 2nd-longest-serving justice says goodbye": David Eggert of The Associated Press has an article that begins, "Michael Cavanagh is retiring from the Michigan Supreme Court as the second-longest-serving justice in state history, one whose 32-year tenure led to his participation in just over 2,000 opinions in which the court typically set legal precedents."
Posted at 05:06 PM by Howard Bashman


"Disgraced coal baron Blankenship of Massey Energy symbolized lethal greed": Brian Bowling has this front page article in today's edition of The Pittsburgh Tribune-Review.
Posted at 11:05 AM by Howard Bashman


"Rural county at center of gay marriage fight": News Service of Florida has this report.
Posted at 11:02 AM by Howard Bashman


"Republicans in state governments plan juggernaut of conservative legislation": Reid Wilson of The Washington Post has an article that begins, "Legislators in the 24 states where Republicans now hold total control plan to push a series of aggressive policy initiatives in the coming year aimed at limiting the power of the federal government and rekindling the culture wars."
Posted at 10:56 AM by Howard Bashman


"Lawmakers to SCOTUS: Get with the times." Mario Trujillo of The Hill has this report today.
Posted at 10:54 AM by Howard Bashman


"Mexico Supreme Court elects career judge as president": Reuters has this report.
Posted at 10:50 AM by Howard Bashman


"Court: Some poker machines are games of skill, not chance." Joseph A. Slobodzian has this article in today's edition of The Philadelphia Inquirer.

Last month's non-precedential ruling of a divided three-judge panel of the Superior Court of Pennsylvania consists of a majority opinion and a dissenting opinion.
Posted at 10:48 AM by Howard Bashman



Saturday, January 3, 2015

"Public pays millions for legal fees of federal judges under investigation; Judges in trouble have unlimited funding to fight disciplinary action against them; The Lori Douglas inquiry cost taxpayers $4.5 million": The Toronto Star has this report.
Posted at 11:26 PM by Howard Bashman


"G.O.P. Turns to the Courts to Aid Agenda": In Sunday's edition of The New York Times, Michael D. Shear will have an article that begins, "As Republicans prepare to take full control of Congress on Tuesday, the party's leaders are counting on judges, not their newly elected majority on Capitol Hill, to roll back President Obama's aggressive second-term agenda and block his executive actions on health care, climate change and immigration."
Posted at 09:57 PM by Howard Bashman


"Prince Andrew and Alan Dershowitz Are Named in Suit Alleging Sex With Minor": Emma G. Fitzsimmons will have this article in Sunday's edition of The New York Times.

According to the article, "On Saturday, Mr. Dershowitz said he 'categorically and unequivocally' denied all of the allegations. He said he would file disbarment proceedings against the lawyers who filed the motion, Bradley J. Edwards, a lawyer in Florida, and Paul G. Cassell, a former federal judge and a law professor at the University of Utah."
Posted at 09:27 PM by Howard Bashman



"GOP searches for elusive Obamacare fix": Jennifer Haberkorn of Politico.com has this report today.
Posted at 08:47 PM by Howard Bashman


"Appeals court won't intervene in Marathon bombing trial": The Boston Globe has this news update.

The Boston Herald has a news update headlined "Appeals court denies bid to postpone Tsarnaev trial."

And The Associated Press reports that "Appeals court won't delay or move Tsarnaev trial."

You can access at this link today's judgment of a divided three-judge panel of the U.S. Court of Appeals for the First Circuit denying the defendant's petition for writ of mandamus.

Update: In other coverage, Katharine Q. Seelye of The New York Times reports that "Change of Venue Denied for Boston Marathon Bombing Suspect."
Posted at 04:56 PM by Howard Bashman



"Fighting red maps in purple states: Dems look to the judiciary to combat the GOP's redistricting advantage." Tarini Parti of Politico.com has this report.
Posted at 09:54 AM by Howard Bashman


Friday, January 2, 2015

"Supreme Court could hear whooping crane case": Scott Huddleston will have this article in Saturday's edition of The San Antonio Express-News. You can freely access the full text of the article via Google.

My earlier coverage of the case can be accessed here.
Posted at 11:40 PM by Howard Bashman



"McGuireWoods scores three new former U.S. Supreme Court clerks": The Richmond Times-Dispatch has this report.
Posted at 11:32 PM by Howard Bashman


"Idaho gay marriage fight appealed to Supreme Court": The Associated Press has this report.

You can view the petitions for writ of certiorari here and here.
Posted at 11:11 PM by Howard Bashman



"Trial Of Polygraph Critic Renews Debate Over Tests' Accuracy": This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:12 PM by Howard Bashman


"Some Florida counties halt all courthouse marriages as gay weddings loom": Reuters has a report that begins, "Wedding bells have stopped ringing in the courthouses of several northern Florida counties, where clerks opted to cease all marriage ceremonies rather than administer vows to gay couples when same-sex marriage becomes legal next week."
Posted at 10:04 PM by Howard Bashman


"A New Legal Weapon For State DOT: Condemnation of 'Intangible Property.'" Columnist Jon Lender of The Hartford Courant has this essay online today.
Posted at 09:08 PM by Howard Bashman


"Scalia's Constitution revisited, with a nod to Jack Bauer": Bob Egelko of The San Francisco Chronicle has this blog post today.
Posted at 09:00 PM by Howard Bashman


"The Unending Anxiety of an ICYMI World": In the Style section of Sunday's edition of The New York Times, Teddy Wayne will have a "Future Tense" essay that begins, "In case you missed it, the initials ICYMI stand for the first five words of this sentence."
Posted at 06:30 PM by Howard Bashman


"The trouble with the Supreme Court's go-slow approach to tech": Jeff John Roberts has this post today at Gigaom.
Posted at 06:12 PM by Howard Bashman


"4 ex-judges from California in group appealing to Obama on Cuba": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 01:32 PM by Howard Bashman


"'Affirmative Action' In Law: The Four-Letter Phrase." Renwei Chung has this post today at "Above the Law."
Posted at 01:28 PM by Howard Bashman


"The Stakes For The Supreme Court Case Against Obamacare Are Getting Even Higher": Tara Culp-Ressler has this post today at ThinkProgress.
Posted at 01:22 PM by Howard Bashman


"What does 'exposes' in '[a]ny person who abuses, exposes, tortures, torments, or cruelly punishes a minor' mean to you?" Eugene Volokh has this interesting post today at "The Volokh Conspiracy."
Posted at 01:20 PM by Howard Bashman


"We need an Asian-Pacific American on the Supreme Court": Hayato Watanable has this post today at The Hill's "Congress Blog."
Posted at 01:16 PM by Howard Bashman


"Same-sex marriage: Close to reality in Florida." Lyne Denniston has this post today at "SCOTUSblog."
Posted at 01:14 PM by Howard Bashman


"Federalist Rolling Papers: Two states' rights advocates are pursuing a silly lawsuit to the Supreme Court that could undermine states' rights." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 01:08 PM by Howard Bashman


"Castille cut independent figure as Pa. chief justice": Brad Bumsted has this front page article in today's edition of The Pittsburgh Tribune-Review.
Posted at 08:57 AM by Howard Bashman


"2014 Yielded Bumper Crop Of Judicial Confirmations": This audio segment appeared on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 08:46 AM by Howard Bashman


Thursday, January 1, 2015

"Worcester man helps take panhandling law to high court": This article will appear in Friday's edition of The Boston Globe.
Posted at 08:22 PM by Howard Bashman


"U.S. Judge Hinkle: All clerks bound by U.S. Constitution to marry same-sex couples on Tuesday." The Miami Herald has this news update.

And The Tampa Bay Times has a news update headlined "Judge Hinkle says all 67 counties may issue marriage licenses to gay couples."

You can access today's ruling of the U.S. District Court for the Northern District of Florida at this link.
Posted at 08:14 PM by Howard Bashman



"Despite Thaw, American Base at Guantanamo Still Stings for Cubans": This article will appear in Friday's edition of The New York Times.
Posted at 08:00 PM by Howard Bashman


"Mario Cuomo, former New York governor, dead at 82": The New York Daily News has this report.

As the article explains, "Cuomo turned down another legacy-making opportunity when he asked President Bill Clinton to take him off the short list of potential replacements for Supreme Court Justice Byron White. Another New Yorker, Ruth Bader Ginsburg, was nominated instead."

And Adam Nagourney of The New York Times has written an obituary headlined "Mario Cuomo, New York Governor and Liberal Beacon, Dies at 82."
Posted at 07:49 PM by Howard Bashman



"SAC's Steinberg Appeal Delayed as U.S. Weighs Challenge": Bloomberg News has a report that begins, "SAC Capital Advisors LP hedge fund manager Michael Steinberg's appeal of his insider trading conviction was further delayed by a court as the government decides how to respond to a ruling that upended guilty verdicts in two related cases."
Posted at 01:00 PM by Howard Bashman


"Beyond marriage, challenges ahead for gay rights groups": The Associated Press has this report.
Posted at 12:57 PM by Howard Bashman


"An Evening With Sonia Sotomayor": Cherno Jobatey had this blog entry online last month at The Huffington Post.
Posted at 10:50 AM by Howard Bashman


"Heroine of gay marriage movement feels pride in progress; Landmark ruling in Edie Windsor's case forced the government to recognize the unions": Richard Wolf of USA Today had this article earlier this week.
Posted at 10:47 AM by Howard Bashman


"Cops don't have legal duty for safety of 'unknown' passengers in fleeing cars, Supreme Court rules": Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this report.

Monday's ruling of the Supreme Court of Pennsylvania consisted of a majority opinion and two concurring opinions (here and here).
Posted at 10:32 AM by Howard Bashman



"If the Supreme Court tackles the NSA in 2015, it'll be one of these five cases: How a church, terror suspects, and some lawyers are pushing privacy on the legal front." Cyrus Farivar of Ars Technica has this report today.
Posted at 10:16 AM by Howard Bashman






Related Blogs