How Appealing

Tuesday, March 31, 2015

"HB1228 passes House, heads to governor": Danielle Kloap and Gavin Lesnick of The Arkansas Democrat-Gazette have a news update that begins, "Arkansas's Religion Freedom Restoration Act was approved by the state's House of Representatives on Tuesday in a final vote before it heads to Gov. Asa Hutchinson's desk."
Posted at 11:34 PM by Howard Bashman


"U.S. appeals court overturns death sentence of California man": Maura Dolan of The Los Angeles Times has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

Today's decision contains a great deal of secrecy concerning the details of the case, and the decision doesn't reveal the habeas petitioner's actual name. Even the date and location of the Ninth Circuit's oral argument of the appeal have been redacted.
Posted at 11:24 PM by Howard Bashman



"Report finds U.S. attorney staffers had suspicions about online commenting by prosecutors, but no facts": Andy Grimm of The Times-Picayune of New Orleans has this report.
Posted at 11:14 PM by Howard Bashman


"Health providers' stand could invite other execution methods": The Associated Press has this report.
Posted at 10:02 PM by Howard Bashman


"Spotlight on AG Kathleen Kane now shifts to would-be prosecutor, Risa Vetri Ferman": Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania has this report.
Posted at 10:00 PM by Howard Bashman


"How Indiana's RFRA differs from federal version": Kristine Guerra and Tim Evans of The Indianapolis Star have this report.
Posted at 09:32 PM by Howard Bashman


"Maine attorney to argue gay marriage issue before U.S. Supreme Court; Mary Bonauto, of Portland, was selected from a field of lawyers to represent gay couples in Ohio, Michigan, Kentucky and Tennessee on April 28, to argue for allowing them to marry and have their marriages recognized in their states": Scott Dolan of The Portland Press Herald has this report.

And Cheryl Wetzstein of The Washington Times has a report headlined "Gay rights pioneer Bonauto to argue Supreme Court marriage case; Won the first, landmark case in Massachusetts in 2003."
Posted at 09:17 PM by Howard Bashman



"Conservative leader lobbies Texas court on gay marriage": Chuck Lindell of The Austin American-Statesman has a news update that begins, "A Texas conservative leader has launched a rare, perhaps unprecedented, public lobbying campaign urging justices on the Texas Supreme Court to uphold the state's ban on same-sex marriage. Steven Hotze, president of the Conservative Republicans of Texas, supplied supporters with the work emails of the court's nine Republican justices as part of his campaign to encourage a quick ruling on a long-pending case involving a gay Dallas couple who married out of state but sought a divorce in Texas."

You can access the web page discussed in the article at this link.
Posted at 09:14 PM by Howard Bashman



"Teva, Nautilus, and Change Without Change": Law professor Jason Rantanen has posted this essay online at SSRN.
Posted at 08:56 PM by Howard Bashman


"Supreme Court Weighs Overruling a 1964 Patent Decision": Adam Liptak will have this article in Wednesday's edition of The New York Times.

Richard Wolf of USA Today reports that "Spider-Man toy maker gets caught in Supreme Court's web."

And Joe Mullin of Ars Technica has a report headlined "Supreme Court mulls lengthy patent deals in spat over Spider-Man toy; Inventor wants court to reconsider a 50-year-old rule that limits patent payouts."
Posted at 08:30 PM by Howard Bashman



"PA Supreme Court rejects AG Kane's bid to end criminal probe": Craig R. McCoy of The Philadelphia Inquirer has this news update.

Paula Reed Ward of The/ Pittsburgh Post-Gazette has a news update headlined "Pa. Supreme Court upholds decision to appoint special prosecutor to investigate AG Kane."

Brad Bumsted of The Pittsburgh Tribune-Review has a news update headlined "Pa. Supreme Court upholds special prosecutor investigating AG Kane."

And Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania reports that "Supreme Court rules against AG Kathleen Kane; leaves open possibility of charges."

Today's ruling of the Supreme Court of Pennsylvania consists of an opinion announcing the judgment of the court, two concurring opinions (here and here), and a dissenting opinion.
Posted at 04:17 PM by Howard Bashman



"Tsarnaev defense rests in Marathon bombing trial": Milton J. Valencia, Kevin Cullen, and Patricia Wen of The Boston Globe have this news update.

And Laurel J. Sweet of The Boston Herald has a news update headlined "Defense rests in Tsarnaev case, closing arguments Monday."
Posted at 03:22 PM by Howard Bashman



"Pregnancy and work: Supreme triangulation." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 02:41 PM by Howard Bashman


"Killing Time: Will the Supreme Court let Louisiana execute a man who says he's intellectually disabled?" Mark Joseph Stern has this Supreme Court dispatch online at Slate.
Posted at 02:38 PM by Howard Bashman


"Supreme Court weighs Spider-Man toy patent fight": Sam Hananel of The Associated Press has this report.

And Andrew Chung of Reuters reports that "U.S. Supreme Court hesitant to extend Spider-Man toy royalties."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Kimble v. Marvel Enterprises, Inc., No. 13-720.
Posted at 02:35 PM by Howard Bashman



"What Do You Mean, I Can't Sue My State?" Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 02:31 PM by Howard Bashman


"Supreme Court bars judges from setting Medicaid rates": David G. Savage of The Los Angeles Times has this report.

Lawrence Hurley of Reuters reports that "U.S. top court says medical providers can't sue states over Medicaid funding."

And Greg Stohr of Bloomberg News reports that "Hospitals Can't Sue Over Medicaid Reimbursement, Court Says."
Posted at 01:44 PM by Howard Bashman



"If you believe enough, can you invalidate a patent? Supreme Court to decide; A patent case that could seep into copyright, file-sharing, and DVDs." Joe Mullin of Ars Technica has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Commil USA, LLC v. Cisco Systems, Inc., No. 13-896.
Posted at 01:35 PM by Howard Bashman



"Quince blazed trail to the Florida Supreme Court; Peggy Quince is the first African-American woman to serve on Florida Supreme Court": Jeff Burlew of The Tallahassee Democrat has this report.
Posted at 01:28 PM by Howard Bashman


"Gay-rights pioneer to argue Supreme Court marriage case": David G. Savage of The Los Angeles Times has this report.

Richard Wolf of USA Today reports that "Gay marriage pioneer chosen to argue Supreme Court case."

Michael Doyle of McClatchy Washington Bureau reports that "Attorneys tapped for Supreme Court same-sex marriage argument."

Todd Spangler of The Detroit Free Press reports that "Lawyer picked to argue DeBoer case at Supreme Court; Civil rights expert and genius grant recipient will fight Michigan same-sex marriage ban when case is argued in April."

Oralandar Brand-Williams of The Detroit News reports that "LGBT rights attorney to argue DeBoer v. Snyder case."

Joan Biskupic of Reuters reports that "Prominent gay rights advocate to argue landmark U.S. marriage case."

Lyle Denniston of "SCOTUSblog" has a post titled "Lawyers for same-sex marriage plea named."

And Chris Geidner of BuzzFeed reports that "Marriage Advocates Set For Supreme Court Arguments On April 28; Mary Bonauto, longtime marriage equality advocate, will argue for marriage equality; Douglas Hallward-Driemeier will argue in support of marriage recognition claims."
Posted at 01:20 PM by Howard Bashman



"Ky: No one can marry same sex, ban not biased." This front page article appears in today's edition of The Louisville Courier-Journal.

And The Detroit News reports that "Michigan AG urges justices to uphold gay nuptials ban."
Posted at 11:58 AM by Howard Bashman



"California's death row, with no executions in sight, runs out of room": The Los Angeles Times has this report.
Posted at 11:56 AM by Howard Bashman


From the guy who brought you the 28-day period in which to file post-judgment motions under the Federal Rules of Civil Procedure: You never know what you might find if you plumb the depths of the minutes of the Advisory Committee on the Federal Rules of Appellate Procedure (h/t Carl Malamud).

On a related note, tomorrow the Appellate Rules Advisory Committee will hold its long-awaited and oft-rescheduled public hearing to receive additional comments on the proposal to reduce the maximum word length of federal appellate briefs from 14,000 words to 12,500 words, a reduction of greater than ten percent.

I won't be able to attend tomorrow's hearing in Washington, DC in person, but I look forward to posting and linking to the reports of others on the hearing and also linking to the transcript of the hearing once it becomes available online. Either tonight or tomorrow morning, I will publish a post linking to this blog's extensive earlier coverage of the FRAP word limit reduction proposal.

On April 23 and 24, 2015, the Appellate Rules Committee will hold its next meeting, in Philadelphia, Pennsylvania of all places. I am planning to attend that meeting, at which the FRAP word limit reduction proposal and the large number of comments received in opposition thereto likely will receive further consideration from the committee, which originally approved the word limit reduction proposal for publication by the narrowest of margins.
Posted at 11:42 AM by Howard Bashman



In the April 2015 issue of ABA Journal magazine: Mark Walsh has an article headlined "SCOTUS to review a handful of cases on the rights of same-sex couples."
Posted at 10:22 AM by Howard Bashman


"Constitution Check: Did the Founders want term limits for Supreme Court Justices?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:18 AM by Howard Bashman


"The Harry Reid Legacy That Could Radically Transform America": Sahil Kapur of TPM DC has this report today. According to Kapur, "[I]n the long-term, the former boxer who became known for his iron-fisted rule over the Senate as majority leader may be remembered most for deploying the so-called 'nuclear option' on Nov. 21, 2013, to abolish the filibuster for most nominations, and arguably setting the stage for killing the 60-vote threshold entirely."
Posted at 10:16 AM by Howard Bashman


"John Roberts just inspired the trolliest essay in law review history": Dara Lind has this post online today at Vox. My earlier coverage appears at this link.
Posted at 10:14 AM by Howard Bashman


Access online today's ruling of the U.S. Supreme Court in an argued case: Justice Antonin Scalia delivered the opinion of the Court in part and an opinion on behalf of himself, Chief Justice John G. Roberts, Jr., and Justices Clarence Thomas and Samuel A. Alito in part in Armstrong v. Exceptional Child Center, Inc., No. 14-15. Justice Stephen G. Breyer issued an opinion concurring in part and concurring in the judgment. And Justice Sonia Sotomayor issued a dissenting opinion, in which Justices Anthony M. Kennedy, Ruth Bader Ginsburg, and Elena Kagan joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Supreme Court sides with Idaho in Medicaid pay dispute."
Posted at 10:05 AM by Howard Bashman



"Religious Protection Laws, Once Seen as Shield, Now Strike Some as Cudgel": Erik Eckholm has this news analysis in today's edition of The New York Times.
Posted at 09:58 AM by Howard Bashman


"Scalia Admits He'll Never Read the Whole Record for a Life-and-Death Case He's About to Decide": Dahlia Lithwick has this post online at Slate.
Posted at 09:57 AM by Howard Bashman


"US files appeal of judge's hold on immigration action": The Associated Press has this report on the brief for appellants that the federal government filed yesterday in the U.S. Court of Appeals for the Fifth Circuit.

I have posted the federal government's brief for appellants at this link. The brief contains 13,901 words, which is 1,401 words larger than would be allowed if the draconian proposal to reduce the maximum allowable brief length permitted under the Federal Rules of Appellate Procedure is enacted.
Posted at 08:30 AM by Howard Bashman



"Justices Hear Arguments on Intellectual Disability in Death Penalty Case": Adam Liptak has this article in today's edition of The New York Times.

Robert Barnes of The Washington Post reports that "In death row case, Supreme Court looks for narrow ruling."

The Baton Rouge Advocate reports that "U.S. Supreme Court hears arguments in killing of off-duty Baton Rouge Police Department Corporal Betty Smothers."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: The record's the thing -- unfortunately."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Brumfield v. Cain, No. 13-1433.
Posted at 08:14 AM by Howard Bashman



Monday, March 30, 2015

"Supreme Court Leaves Intact New York's Ban on Religious Services in Schools": This article will appear in Tuesday's edition of The New York Times.
Posted at 11:30 PM by Howard Bashman


"Supreme Court questions lifetime monitoring of sex offenders": David G. Savage of The Los Angeles Times has this report.

Richard Wolf of USA Today reports that "High court orders review of sex offender GPS monitoring."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court questions North Carolina sex offender law."

Warren Richey of The Christian Science Monitor has an article headlined "GPS monitoring of sex offenders for life? Supreme Court reverses N.C. case."

The News & Observer of Raleigh, North Carolina reports that "NC sex-offender monitoring's constitutionality questioned by U.S. Supreme Court; Justices send issue back for further consideration by state's highest court."

David Kravets of Ars Technica reports that "Supreme Court questions involuntary human GPS monitoring; Justices order examination of constitutionality, justification for surveillance."

And at "SCOTUSblog," Lyle Denniston has a post titled "A modest gain for electronic privacy."
Posted at 11:24 PM by Howard Bashman



"Supreme Court reject's Dearborn murder convict's argument for retrial over lawyer's 10-minute absence": MLive.com has this report.

And The Detroit News reports that "Justices reject bid for new trial in Dearborn case."
Posted at 11:14 PM by Howard Bashman



"U.S. Supreme Court to review Carr brothers, Gleason cases; Schmidt appealed Kansas decision overturning death sentences": Jonathan Shorman of The Topeka Capital-Journal has this report.
Posted at 11:10 PM by Howard Bashman


"What Makes Indiana's Religious-Freedom Law Different? The new statute's defenders claim it simply mirrors existing federal rules, but it contains two provisions that put new obstacles in the path of equality." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 11:06 PM by Howard Bashman


"American flag case: U.S. Supreme Court ends Morgan Hill flap over shirts." Howard Mintz of The San Jose Mercury News has this report.

Bob Egelko of The San Francisco Chronicle reports that "Supreme Court turns away Bay Area students' free-speech case."

David G. Savage of The Los Angeles Times reports that "Ruling on U.S. flag raises questions about students' free-speech rights."

And Warren Richey of The Christian Science Monitor has an article headlined "Does wearing American flag incite violence? Supreme Court lets stand ruling."
Posted at 11:04 PM by Howard Bashman



"Bradley outpaces Daley in fundraising for Supreme Court race": Patrick Marley of The Milwaukee Journal Sentinel has this report.
Posted at 10:55 PM by Howard Bashman


"Open Cases: Why One-Third Of Murders In America Go Unresolved." This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:04 PM by Howard Bashman


"4th Circ. Trims $4.6M Georgia-Pacific Trademark Award": Kat Greene of Law360.com has this report (subscription required for full access) on the ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.

Carter G. Phillips argued the appeal on behalf of the defendant-appellant, while Miguel A. Estrada argued the appeal on behalf of the plaintiff-appellee. The appeal was argued in December 2014, and you can access the oral argument audio via this link (64.6 MB mp3 audio file).
Posted at 09:54 PM by Howard Bashman



First Circuit upholds Boston transit agency's rejection of anti-Palestinian ads: You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 09:40 PM by Howard Bashman


"U.S. not liable for alleged SEC negligence in Stanford fraud: court." Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 09:24 PM by Howard Bashman


"U.S. gay rights advocates near decision on top lawyers for landmark case": Joan Biskupic of Reuters has this report.
Posted at 08:23 PM by Howard Bashman


"Former Burns Power Washing owner's conviction upheld": Patrick McNamara of The Arizona Daily Star has a news update that begins, "The conviction of a man who ignited a chemical bomb in an attack on a former customer has been upheld in the Ninth Circuit Court of Appeals."

My earlier coverage of today's Ninth Circuit ruling appears at this link.
Posted at 08:20 PM by Howard Bashman



In Bashman news from San Francisco: The San Francisco Chronicle has a news update headlined "Assailants bash man with baseball bat outside Mission restaurant."
Posted at 08:16 PM by Howard Bashman


"EXCLUSIVE: Judge Mark Fuller's Attorney Says 'Drunk' Wife Kelli Faked Being Beaten on 911 Call; Barry Ragsdale says audible smacks likely 'attempt by Kelli Fuller to imitate sounds of slapping'; Says she was 'drunk', 'hysterical'..." Brad Friedman has this post today at "The Brad Blog."
Posted at 01:55 PM by Howard Bashman


Ninth Circuit holds that Bond v. United States doesn't help defendant convicted of using chemical weapons for detonating chlorine bombs requiring the evacuation of an entire neighborhood: 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 01:12 PM by Howard Bashman


"Canada's Hobby Lobby Moment?" John Boersma has this blog post today at the "Center for Law and Religion Forum" of St. John's University School of Law.
Posted at 01:02 PM by Howard Bashman


Greg Stohr of Bloomberg News is reporting: In coverage of today's developments at the U.S. Supreme Court, he has articles headlined "Republicans Get New Hearing in Virginia Voting Map Dispute"; "New York City Ban on Worship Services in Schools Left Intact by Supreme Court"; and "Supreme Court Rejects American Flag Student Speech Case."
Posted at 12:58 PM by Howard Bashman


"Superior Court to sit in city for 2-day session": The Republican-Herald of Pottsville, Pennsylvania has an article that begins, "One of the busiest courts in the United States will be coming to Pottsville, as the Superior Court of Pennsylvania will hold a two-day special session April 14 and 15 in the Schuylkill County Courthouse."

I lived in Pottsville for two years while serving as a law clerk to Third Circuit Judge William D. Hutchinson, whose chambers were based there.
Posted at 12:53 PM by Howard Bashman



Lawrence Hurley of Reuters is reporting: In coverage of today's developments at the U.S. Supreme Court, he has articles headlined "U.S. Supreme Court revives sex offender's ankle bracelet case"; "U.S. top court agrees to hear 'Wichita Massacre' appeals"; "U.S. justices to hear drunken driving victim's medical expenses case"; "U.S. Supreme Court rejects Obamacare 'death panel' challenge"; "Supreme Court preserves New York ban on worship services in schools"; "U.S. top court rejects free speech appeal over Cinco de Mayo school dispute"; "U.S. justices rebuff lawsuit against banks over Madoff Ponzi scheme"; and "U.S. justices send ING securities case back to appeals court."
Posted at 12:44 PM by Howard Bashman


"Prosecution rests case in Marathon bombing trial": Patricia Wen, Kevin Cullen, Milton J. Valencia, John R. Ellement, and Martin Finucane of The Boston Globe have this news update.

Laurel J. Sweet of The Boston Herald has a news update headlined "Government rests its case in Tsarnaev trial."

The Associated Press reports that "Prosecution rests its case against Boston Marathon bomber."

And Reuters reports that "Defense moves into spotlight in Boston Marathon bombing trial."
Posted at 12:34 PM by Howard Bashman



In Bashman news from Australia: The Fraser Coast Chronicle of Maryborough, Queensland, Australia reports that "Group of gatecrashers bash man, 24, at Booral party."
Posted at 10:54 AM by Howard Bashman


"Judge on shooting: 'Violence does not define Detroit.'" The Detroit Free Press has this report.
Posted at 10:42 AM by Howard Bashman


"Is the Federal Government Really a State, if the IRS Says It Is?" Law professor Ronald D. Rotunda has this essay online today at Justia's Verdict.
Posted at 10:38 AM by Howard Bashman


"The Influence of Immanuel Kant on Evidentiary Approaches in Eighteenth Century Bulgaria": Law professor Orin S. Kerr has posted this paper online at SSRN.

Kerr's paper fills a void in legal academic research that many have incorrectly assumed since June 2011 not to have existed.

Coincidentally, I was also a speaker at the very same Fourth Circuit judicial conference in June 2011, but for better or worse it appears that my remarks have yet to inspire any SSRN papers.
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 today granted review in three new cases.

In addition, the Court issued per curiam decisions in Grady v. North Carolina, No. 14-593, and in Woods v. Donald, No. 14-618.

In early news coverage, The Associated Press reports that "Court says lawyer's brief absence doesn't merit a retrial"; "High court to hear Kansas plea to reinstate death sentences"; "High court sends back ruling on Virginia redistricting"; "High court rejects church appeal over use of public school"; "Justices reject appeal by US flag-wearing students"; and "Supreme Court won't hear pastor's appeal of abuse conviction."
Posted at 09:33 AM by Howard Bashman



Sunday, March 29, 2015

"From health care to voting rights, Ted Kennedy's legacy faces fire; In the five years since the death of Kennedy, his mission has been under threat, piece by piece": Susan Milligan has this article in the Magazine section of today's edition of The Boston Globe.
Posted at 11:17 AM by Howard Bashman


"The greening of gay marriage in Ireland: Historic referendum is drawing wide support in a deeply Catholic land." This front page article appears in today's edition of The Boston Globe.
Posted at 11:16 AM by Howard Bashman


"Are There Limits to Government Speech? The Supreme Court considers whether putting a Confederate battle flag on a license plate should be different than urging Americans to eat more beef." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 11:09 AM by Howard Bashman


"S.C. religious freedom law inspired by Supreme Court's peyote ruling": The Post and Courier of Charleston, South Carolina has this report.
Posted at 11:03 AM by Howard Bashman


"Supreme Court may hear case on school barring American flag shirts on Cinco de Mayo": David G. Savage of The Los Angeles Times has this report.
Posted at 10:55 AM by Howard Bashman


"A 12,500-Word Limit is Too Brief For Some Appellate Lawyers; Proposal to reduce the 14,000-word maximum draws criticism": Zoe Tillman will have this article in Monday's edition of The National Law Journal.

The Appellate Rules and Forms Public Hearing in Washington, DC is now scheduled to occur on April 1, 2015. According to information that I have received, representatives of the ABA's Council of Appellate Lawyers, the American Academy of Appellate Lawyers, the Appellate Section of the State Bar of Texas, and EarthJustice are scheduled to testify at the hearing.

You can access the public comments that those groups submitted, and all other public comments received (including mine), via this link.
Posted at 10:52 AM by Howard Bashman



Saturday, March 28, 2015

"Candidates offer competing visions in Wisconsin Supreme Court debate; Ann Walsh Bradley, James Daley make last of 4 joint appearances": Jason Stein of The Milwaukee Journal Sentinel has this report.
Posted at 10:20 PM by Howard Bashman


"Huckabee calls for term limits on U.S. Supreme Court justices": The Los Angeles Times has this report.
Posted at 10:16 PM by Howard Bashman


"Guantanamo's Charade of Justice": Retired Air Force colonel Morris D. Davis has this op-ed in today's edition of The New York Times.
Posted at 09:50 PM by Howard Bashman


"Gov. Mike Pence to push for clarification of 'religious freedom' law": Tim Swarens of The Indianapolis Star has an article that begins, "Gov. Mike Pence, scorched by a fast-spreading political firestorm, told The Star on Saturday that he will support the introduction of legislation to 'clarify' that Indiana's controversial Religious Freedom Restoration Act does not promote discrimination against gays and lesbians."
Posted at 09:42 PM by Howard Bashman


"Free after three decades in prison, George Toca sprints toward a new life": John Simerman had this article recently in The New Orleans Advocate.
Posted at 09:32 PM by Howard Bashman


"Maryland allows Confederate license plates, but blocks other messages": The Baltimore Sun has this report.
Posted at 09:26 PM by Howard Bashman


"The Internet's Own Boy: The Story of Aaron Swartz." The Documentary Network has made freely available online at YouTube the entire documentary film.
Posted at 09:18 PM by Howard Bashman


"Mercury Rising -- The coal industry and 22 states ask the Supreme Court to throw out new restrictions on toxic emissions." Slate has posted online this "Amicus" podcast featuring Dahlia Lithwick.
Posted at 09:10 PM by Howard Bashman


"Oregon Supreme Court to consider: Is it 'cruel and unusual' to imprison public masturbator for life?" Aimee Green of The Oregonian has this report.
Posted at 09:04 PM by Howard Bashman


"Alabama Supreme Court says SCOTUS ruling on juvenile killers not retroactive": Kent Faulk of The Birmingham News has this report.

You can access yesterday's 7-to-2 ruling of the Supreme Court of Alabama at this link.

Chief Justice Roy S. Moore issued a dissenting opinion that begins by harshly criticizing the U.S. Supreme Court's decision in Miller v. Alabama prohibiting mandatory life sentences for juveniles and concludes by arguing that the Miller decision should nevertheless be applied retroactively on collateral review.
Posted at 01:35 PM by Howard Bashman



"State high court won't hear arguments in John Doe cases": Bruce Vielmetti and Patrick Marley of The Milwaukee Journal Sentinel have this report.

And Dee J. Hall of The Wisconsin State Journal has an article headlined "Supreme Court: No oral arguments in John Doe cases."

You can access yesterday's order of the Supreme Court of Wisconsin, and the dissents therefrom, at this link.
Posted at 01:16 PM by Howard Bashman



Friday, March 27, 2015

"Is Advice Given Over The Internet Free Speech? Texas Veterinarian Heads to Federal Appellate Court Tomorrow With One Of First Amendment's Most Important Unanswered Questions." The Institute for Justice issued this news release earlier this year.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued this ruling rejecting a Texas-licensed veterinarian's First and Fourteenth Amendment challenges to certain aspects of Texas law regulating the practice of veterinary medicine.
Posted at 11:57 PM by Howard Bashman



"Catholics on Left and Right Find Common Ground Opposing Death Penalty": Mark Oppenheimer will have this Beliefs column in Saturday's edition of The New York Times.
Posted at 11:26 PM by Howard Bashman


"Diplomatic Assurances, Torture, and Judicial Review: The Bimenyimana Appeal." Today at "Just Security," Steve Vladeck has a blog post that begins, "Later this year, the U.S. Court of Appeals for the Fourth Circuit will hear argument in one of the more quietly important torture cases to come before the federal courts in the past seven years (if not longer)."
Posted at 11:23 PM by Howard Bashman


"Gridlock and Purposivism in Statutory Interpretation": Today at "Dorf on Law," Michael Dorf has a post that begins, "On Monday, Justice Kennedy sent the blawgosphere into a bit of a tizzy when, in the course of testifying before the House Appropriations Committee, he answered a question about statutory interpretation."
Posted at 11:18 PM by Howard Bashman


"Colorado officials defend marijuana legalization at U.S. Supreme Court": John Ingold of The Denver Post has this news update.

And Reuters reports that "Colorado urges U.S. Supreme Court to dismiss interstate pot lawsuit."

You can view at this link the brief in opposition that Colorado filed today in the U.S. Supreme Court.
Posted at 11:08 PM by Howard Bashman



"Scalia Fan Fiction: The lovable grouch is a lie." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 10:58 PM by Howard Bashman


"Makers of Generic Drugs Challenge F.D.A. Plan for Updated Warnings": In Saturday's edition of The New York Times, Sabrina Tavernise will have an article that begins, "The pharmaceutical industry mounted a new challenge on Friday to a federal plan that would require generic drug companies to take the initiative to update their labels to warn consumers whenever health risks were discovered, a shift that would expose the companies to legal liability."
Posted at 10:14 PM by Howard Bashman


"Absurd Fourth Circuit ruling embodies everything that's wrong with drug raids": Radley Balko has this blog post today at "The Watch" blog of The Washington Post.

You can access at this link the unpublished opinion of the U.S. Court of Appeals for the Fourth Circuit that is the subject of Balko's post.
Posted at 10:02 PM by Howard Bashman



"Indiana Law Denounced as Invitation to Discriminate Against Gays": Michael Barbaro and Erik Eckholm will have this article in Saturday's edition of The New York Times.

And Tim Evans of The Indianapolis Star has an article headlined "Why were 'religious freedom' supporters mostly silent."
Posted at 09:52 PM by Howard Bashman



"Review: 'The Originalist,' About Scalia, Opens in Washington." Charles Isherwood will have this theater review in Saturday's edition of The New York Times.
Posted at 09:28 PM by Howard Bashman


"Amanda Knox Acquitted of 2007 Murder by Italy's Highest Court": The New York Times has this news update.
Posted at 06:00 PM by Howard Bashman


"A Tip From The Justices on Writing: Keep it Simple; An extraordinary disciplinary action concludes with an admonition to stick to 'plain terms' in briefs." Tony Mauro of The National Law Journal has this report.

You can freely access the full text of the article via Google News.
Posted at 05:22 PM by Howard Bashman



"Court upholds conviction of woman in Rwanda genocide case": The Associated Press has this report.

My earlier coverage of Wednesday's First Circuit ruling can be accessed here.
Posted at 04:37 PM by Howard Bashman



"With gay marriage case pending, religion bills gain ground": The Associated Press has a report that begins, "With the nation's highest court set to hear arguments next month over the constitutionality of same-sex marriage bans, legislation is advancing in several states that critics say gives businesses license to deny services to gays and lesbians on religious grounds."
Posted at 04:07 PM by Howard Bashman


"States defend gay marriage bans as democratic actions": Richard Wolf of USA Today has an article that begins, "The four states seeking to maintain bans against same-sex marriage told the Supreme Court Friday that the democratic process should decide the issue, not judicial dictate."
Posted at 04:05 PM by Howard Bashman


"Court: Obligation to Make Sense May Not Be Delegated to Client." Kevin Underhill had this post Tuesday at "Lowering the Bar."
Posted at 04:00 PM by Howard Bashman


"DeWine defends state's ban on same-sex marriage": Jack Torry of The Columbus Dispatch has this news update.

And Chris Geidner of BuzzFeed reports that "Four States Set To Defend Marriage Bans At The Supreme Court."

Via The Washington Blade, you can access at this link a copy of Ohio's merits brief filed today in the U.S. Supreme Court.

And Michigan's merits brief can be accessed here.

Update: Also now available online are the merits briefs of Kentucky and Tennessee.
Posted at 03:11 PM by Howard Bashman



"Harry Reid Saved Obamacare -- but at a Price That Could Still Kill It; The Senate leader rescued the bill when it looked doomed; But the messy legislative process gave its opponents new life in court": Dylan Scott has this article online today at National Journal.
Posted at 03:06 PM by Howard Bashman


"Campaign Money Tests Wisconsin Justices' Impartiality": Monica Davey will have this article in Saturday's edition of The New York Times.
Posted at 03:04 PM by Howard Bashman


"In The Originalist, Theater Tries to Interpret Antonin Scalia: Jeffrey Rosen and Garrett Epps discuss a new play by John Strand, whose hero is the longest-serving justice currently on the Supreme Court." Jeffrey Rosen and Garrett Epps have this essay online at The Atlantic.
Posted at 03:00 PM by Howard Bashman


In today's mail: U.S. Senator Mike Lee's (R-UT) new book, "Our Lost Constitution: The Willful Subversion of America's Founding Document." The book's official on-sale date is April 7, 2015.
Posted at 02:33 PM by Howard Bashman


"Chief Justice Roberts to visit Japan after term ends": Robert Barnes of The Washington Post has this report.
Posted at 01:44 PM by Howard Bashman


"How Harry Reid Changed the Federal Courts": Jeffrey Toobin has this post online today at The New Yorker.
Posted at 01:42 PM by Howard Bashman


"Argument preview: Mental disability and death sentencing." Lyle Denniston has this post at "SCOTUSblog."
Posted at 01:40 PM by Howard Bashman


"Ottawa free to destroy Quebec's gun-registry data, top court rules": Sean Fine of The Toronto Globe and Mail has a news update that begins, "The federal government has the right to destroy Quebec records in the now-abolished federal gun registry, the Supreme Court ruled 5-4 Friday morning -- with all three Quebec judges in the minority."

And in related coverage, The Montreal Gazette has a news update headlined "Quebec says it will move ahead with its own long-gun registry."

You can access today's ruling of the Supreme Court of Canada at this link.
Posted at 01:33 PM by Howard Bashman



"He then hired his current attorney, Scott Yu": The U.S. Court of Appeals for the Seventh Circuit today issued its ruling in a case captioned Shaohua He v. Eric H. Holder, Jr.

A petitioner with the last name He causes the Seventh Circuit's ruling to contain some interesting factual exposition:

He testified that he entered the United States in 2007 in circuitous fashion through Indonesia and Canada before arriving in New York. He came to Chicago a year later, he said, to retain an attorney to apply for asylum based on mistreatment . . . .
Eventually, as the excerpt from the opinion quoted in the title of this post explains, He hired Yu to serve as his attorney.

Although today's ruling somehow avoids turning into an Abbott & Costello routine, before concluding the decision not only rules against He but also contains some bad news for Yu.
Posted at 01:16 PM by Howard Bashman



Second Circuit rejects federal preemption and constitutional challenges to state Wage Parity Law, requiring that New York City-area home health care aides receive a so-called "living wage": You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:02 PM by Howard Bashman


"Supreme Court Cases on EPA Emissions Regulations: Jeremy Jacobs talked about three consolidated cases heard before the Supreme Court to decide whether the Environmental Protection Agency violated the Clean Air Act by requiring power plants to meet strict emissions standards." C-SPAN has posted online this video segment from today's broadcast of "Washington Journal."
Posted at 12:52 PM by Howard Bashman


"Moore, Nelson Named to Board of Overseers Leadership": The Harvard Crimson has an article that begins, "Karen Nelson Moore '70, a federal judge on the U.S. Court of Appeals for the Sixth Circuit, will lead the Harvard Board of Overseers -- the University's second-highest governing body -- as its new president for the 2015-2016 academic year, the University announced on Thursday."

And the Harvard Gazette reports that "Karen Moore to lead Board of Overseers; Diana Nelson will become vice chair of executive committee."

You can access a list of the people serving on Harvard University's Board of Overseers at this link.
Posted at 11:09 AM by Howard Bashman



"'Terrified' Fed. Circ. Will Follow High Court, Michel Says": Ryan Davis of Law360.com has this report (via Orin Kerr).
Posted at 11:03 AM by Howard Bashman


"The Originalist Q&A with playwright John Strand": Kali Borkoski has this post at "SCOTUSblog."
Posted at 09:21 AM by Howard Bashman


"How anti-abortion 'Heartbeat Bill' passed Ohio House": The Cincinnati Enquirer has this report.
Posted at 09:16 AM by Howard Bashman


"Billion-dollar Oxycontin verdict rests on disputed missed deadline": The Associated Press has this report.
Posted at 09:12 AM by Howard Bashman


"The Man Who Brought Obamacare Back to the Supreme Court: CEI's Lawson Bader on King v. Burwell." ReasonTV has posted the video of this interview online at YouTube.
Posted at 09:06 AM by Howard Bashman


"Kris Kobach asks U.S. Supreme Court to restore his proof-of-citizenship law": The Wichita Eagle has an article that begins, "Kansas Secretary of State Kris Kobach is asking the U.S. Supreme Court to overturn an appeals court decision and restore a state law he wrote requiring proof-of-citizenship documents to register to vote."
Posted at 09:04 AM by Howard Bashman


"Lawmakers showing contempt for courts": This editorial appears in today's edition of The Wichita Eagle.
Posted at 08:54 AM by Howard Bashman


"Lens on Stays Pending Appeal": At the "Civil Procedure & Federal Courts Blog," Adam Steinman has this post discussing an article that law professor Jill Wieber Lens has posted online at SSRN titled "Stays Pending Appeal: Why the Merits Should Not Matter."
Posted at 08:50 AM by Howard Bashman


"Michelle Obama, Race and the Ivy League: The education of a future First Lady." Peter Slevin of Politico Magazine has an article that begins, "In 1988, a group of black students at Harvard Law School compiled a report designed to recognize the growing achievements of black students on campus and share their wisdom with newcomers."
Posted at 08:45 AM by Howard Bashman


"U.S. Barred From Enforcing Same-Sex Family Leave Benefit": Margaret Cronin Fisk and Tom Korosec of Bloomberg News have a report that begins, "The U.S. was barred by a federal judge from immediately enforcing a new rule that would grant Family and Medical Leave Act benefits to same-sex couples."

My earlier coverage of yesterday's ruling can be accessed here.
Posted at 08:44 AM by Howard Bashman



Thursday, March 26, 2015

"Court upholds death sentences, but Mother Nature had the last word": Bob Egelko of The San Francisco Chronicle has this blog post about an opinion and order that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:45 PM by Howard Bashman


"Concealed gun case gets new hearing; Larger panel of judges to decide if attorney general can intervene in San Diego County lawsuit": The San Diego Union-Tribune has this report.

Bob Egelko of The San Francisco Chronicle reports that "Court to review ruling to permit concealed weapons in California."

Howard Mintz of The San Jose Mercury News reports that "California concealed gun ruling to be reconsidered."

The Los Angeles Times reports that "Appeals court to reconsider ruling against San Diego gun-control rule."

And Lawrence Hurley of Reuters reports that "U.S. appeals court to reconsider San Diego gun restriction."

You can access today's orders of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc here and here.
Posted at 11:42 PM by Howard Bashman



"Munyenyezi sentenced to 10 years for lying about role in genocide": In July 2013, The Concord (N.H.) Monitor published an article that begins, "Beatrice Munyenyezi was sentenced today to serve 10 years in prison for lying about her role in Rwanda's 1994 genocide."

Yesterday, in an opinion written by Circuit Judge O. Rogeriee Thompson, a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit affirmed the convictions and sentence.
Posted at 11:28 PM by Howard Bashman



"Is it legal for US military to scan the public's computers for kid porn? Law-enforcement computer program called RoundUp searches for hashed images." David Kravets of Ars Technica has an article that begins, "A federal appeals court is having second thoughts about its decision frowning on the US Navy for scanning every computer in the state of Washington accessing Gnutella, a large peer-to-peer network."

And at "Just Security," Steve Vladeck has a post titled "Ninth Circuit Grants En Banc Rehearing in Posse Comitatus/Unlawful Surveillance Case."

My earlier coverage of yesterday's Ninth Circuit order granting rehearing en banc can be accessed here.
Posted at 09:38 PM by Howard Bashman



"Inside America's Toughest Federal Prison: For years, conditions inside the United States' only federal supermax facility were largely a mystery; But a landmark lawsuit is finally revealing the harsh world within." Mark Binelli will have this article in this upcoming Sunday's edition of The New York Times Magazine.
Posted at 09:14 PM by Howard Bashman


"Judge halts changes to law giving benefits to gay couples": Bobby Cervantes of The Houston Chronicle has an article that begins, "A Wichita Falls federal district judge on Thursday granted Attorney General Ken Paxton's request to temporarily stop the federal government from revising the Family and Medical Leave Act to include federal employees in same-sex unions."

And Reuters reports that "U.S. court halts Labor Department same-sex couple protections."

You can access today's opinion and order of the U.S. District Court for the Northern District of Texas at this link.
Posted at 09:00 PM by Howard Bashman



"Kim Kardashian, Kanye West Ask Appeals Court for Its Hand in Video Leak Lawsuit; The couple sued YouTube co-founder Chad Hurley for posting video of their marriage proposal, allegedly in violation of a confidentiality agreement": Austin Siegemund-Broka has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 08:50 PM by Howard Bashman


President Obama seeks to achieve another first in a judicial nominee: Today the White House announced the nomination of Paula Xinis to serve as a U.S. District Judge for the District of Maryland.

Ms. Xinis appears to be very highly qualified for this judicial post. If the U.S. Senate agrees and confirms the nomination, she would become the first Article III judge whose last name begins with the letter X. Don't be Zilly and embark on a Quist to see if any other letters have yet to start the last name of an Article III judge, because X is the only letter without anyone to mark the spot.

Update: In news coverage, Justin Fenton of The Baltimore Sun reports that "Obama nominates Murphy Firm partner for federal bench."
Posted at 06:07 PM by Howard Bashman



"A Few Thoughts on Adnan Syed's Opening Brief": Steve Klepper had this post yesterday at the "Maryland Appellate Blog."

And in other recent coverage, The Baltimore Sun reports that "'Serial' podcast subject Syed makes his case for a new trial."

And USA Today reports that "'Serial' subject blames lawyer in new appeal."
Posted at 05:55 PM by Howard Bashman



"Skeptical judges question industry assault on EPA's carbon capture rule": Jeremy P. Jacobs of Greenwire has this report.

You can access the audio of today's D.C. Circuit oral argument via this link (47.2 MB mp3 audio file).
Posted at 04:22 PM by Howard Bashman



"Court hears appeal in terror-related custody dispute": The Associated Press has this report.
Posted at 03:11 PM by Howard Bashman


"Wal-Mart in no hurry to pay workers after Pennsylvania court loss": The Times Leader of Wilkes-Barre, Pennsylvania has this report.
Posted at 02:00 PM by Howard Bashman


"Kentucky judges weigh whether schools, teachers liable if bullied student commits suicide": The Associated Press has this report.
Posted at 01:56 PM by Howard Bashman


"Nevada Court of Appeals hears first oral arguments": The Las Vegas Review-Journal has this report.
Posted at 01:50 PM by Howard Bashman


"Gov. Mike Pence signs 'religious freedom' bill in private": The Indianapolis Star has this report.
Posted at 01:46 PM by Howard Bashman


"Beating Animals Breaks Law. Now Trying to Expose It Does, Too." Isaac Arnsdorf of Bloomberg News has a report that begins, "An undercover video taped in 2012 showed Idaho dairy workers beating cows, prompting criminal convictions. State lawmakers responded -- by banning undercover videos."
Posted at 01:35 PM by Howard Bashman


When using a contraction in an appellate brief simply can't be avoided: In this decision that the U.S. Court of Appeals for the Ninth Circuit issued today, attorney Dennis M. Bear Don't Walk argued the appeal for the plaintiff-appellee.
Posted at 01:25 PM by Howard Bashman


"When Deciding Gay Marriage, SCOTUS Should Listen to John Roberts' Confirmation Hearing": Judith E. Schaeffer has this essay online at Slate.
Posted at 12:12 PM by Howard Bashman


"Holmes' bill targets Kan. Supreme Court": Today's edition of The Hutchinson News contains a front page article that begins, "State Sen. Mitch Holmes, R-St. John, has called for legislation to expand significantly the grounds for impeachment of Kansas Supreme Court justices."
Posted at 10:33 AM by Howard Bashman


"Constitution Check: Is the Supreme Court promoting race bias in election districting?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:27 AM by Howard Bashman


"The Lawsuit That Could Take Down Obamacare Has A Paper-Trail Problem": Sam Stein of The Huffington Post has this report.
Posted at 10:24 AM by Howard Bashman


"Tennessee judge's epic firsts are historic, unparalleled": The Tennessean has published this profile of Senior Sixth Circuit Judge Martha Craig Daughtrey.
Posted at 10:18 AM by Howard Bashman


"Reunited 2 Live Crew Talk Running From the Cops, Winning in the Supreme Court; Infamous Miami trio share their wildest road story and break down the evolution of their 'nasty' sound": Jesse Serwer has this report online at Rolling Stone.
Posted at 10:14 AM by Howard Bashman


Wednesday, March 25, 2015

"Bob Menendez, facing DOJ indictment, undecided on Loretta Lynch; New Jersey Democrat's vote could be crucial for confirming Obama's attorney general nominee": Manu Raju and Burgess Everett of Politico.com have this report.
Posted at 10:55 PM by Howard Bashman


"Supreme Court Rules On Two Closely-Watched Discrimination Cases": Carrie Johnson had this audio segment on today's broadcast of NPR's "All Things Considered."
Posted at 10:02 PM by Howard Bashman


Ninth Circuit to rehear en banc three-judge panel's reversal of child pornography conviction due to NCIS's Posse Comitatus Act violation: You can access today's order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link.

My earlier coverage of the divided three-judge panel's ruling in the case can be accessed here, here, and here.

Soon after the panel's ruling issued, The New York Times covered the decision in an article headlined "Child Pornography Case Spurs Debate on Military's Role in Law Enforcement."
Posted at 09:47 PM by Howard Bashman



"Supreme Court Appears Divided on EPA Rules to Limit Mercury Emissions; Should $9.6 Billion in Annual Costs Have Been Part of Initial Evaluation?" Brent Kendall of The Wall Street Journal has this report.

Richard Wolf of USA Today reports that "Justices ask if clear air rules are 'appropriate.'"

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: EPA may be a vote short -- or not."
Posted at 09:26 PM by Howard Bashman



"Ted Cruz 'still weighing options' on Obamacare": Politico.com has a report that begins, "Sen. Ted Cruz hasn't made a final decision on whether he will sign up for Obamacare but will make up his mind 'in the coming days,' a spokesman said Wednesday."
Posted at 09:16 PM by Howard Bashman


"Justices revive case claiming UPS discriminated against pregnant worker": Robert Barnes and Brigid Schulte of The Washington Post have this report.

Jess Bravin of The Wall Street Journal reports that "Supreme Court Sides With Worker in Pregnancy Discrimination Case; Former UPS driver says she wasn't accommodated when she was pregnant."

Warren Richey of The Christian Science Monitor reports that "Supreme Court rules in favor of protecting pregnant women in UPS case."

The Guardian (UK) reports that "Supreme court sides with former UPS driver in pregnancy discrimination suit."

Brian Mahoney of Politico.com reports that "Supreme Court lightens load for pregnant employees."

Dave Jamieson of The Huffington Post reports that "Supreme Court Sides With Pregnant Workers."

The Hill reports that "SCOTUS sends UPS discrimination case back to lower court."

Claire Suddath of Bloomberg News reports that "Peggy Young Won Her Pregnancy Discrimination Case Against UPS, Sort Of; The Supreme Court has sent the case back to the lower court."

Online at The New Republic, Rebecca Leber has an essay titled "The Supreme Court Just Sided with Pregnant Working Women."

And online at The Daily Beast, Jay Michaelson has an essay titled "Young v. United Parcel Service: For Conservative Reasons, Supreme Court Rules For Pregnant Women -- And Against Corporations."
Posted at 09:10 PM by Howard Bashman



"Supreme Court Rules Against Alabama in Redistricting Case": Adam Liptak will have this article in Thursday's edition of The New York Times.

And Warren Richey of The Christian Science Monitor reports that "Supreme Court sends key voting rights case back to Alabama."
Posted at 08:47 PM by Howard Bashman



"California Seeks to Head Off Initiative to Execute Gays": Adam Nagourney of The New York Times has an article that begins, "The California attorney general, Kamala D. Harris, moved Wednesday to block a proposed voter initiative that would mandate the execution of sexually active gay men and women, calling it 'patently unconstitutional' and a threat to public safety."
Posted at 08:32 PM by Howard Bashman


"Reasonable Accommodations: Do the lives of the mentally ill matter to the Supreme Court?" Cristian Farias has this jurisprudence essay online at Slate.
Posted at 08:22 PM by Howard Bashman


"6th Circ Affirms Ink Pricing Injunction Against Kodak": Kelly Knaub of Law360.com has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 08:20 PM by Howard Bashman


"Court's lone black justice rails against 'racial quotas'": Richard Wolf of USA Today has this report.
Posted at 08:07 PM by Howard Bashman


"A Pregnant Worker's Right to Sue: The Supreme Court compromises a smart new rule into existence." Dahlia Lithwick has this jurisprudence essay online at Slate.

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: Fashioning a remedy for pregnancy bias."
Posted at 08:00 PM by Howard Bashman



"Supreme Court appears split over EPA toxics standards": Jeremy P. Jacobs of Greenwire has this report.
Posted at 04:16 PM by Howard Bashman


"Supreme Court Delivers for Pregnant Workers": Law professor Noah Feldman -- who currently seems to be the hardest working legal commentator around -- has this essay online at Bloomberg News.
Posted at 03:00 PM by Howard Bashman


Access online the transcript of today's U.S. Supreme Court oral argument in Michigan v. EPA, No. 14-46: At this link.
Posted at 02:00 PM by Howard Bashman


"Judge Chin Honored at Asian Pacific American Law Students Association Event": Georgetown Law issued this news release yesterday.
Posted at 01:56 PM by Howard Bashman


"Supreme Court rules against Alabama redistricting plan": Robert Barnes of The Washington Post has this report.

Timothy M. Phelps of The Los Angeles Times reports that "High court says Alabama may have improperly redistricted black voters."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Casts Doubt on Alabama Voter-Redistricting Plan; Lower court to again review claim legislature packed black voters into handful of districts."

Brian Lyman of The Montgomery Advertiser reports that "U.S. Supreme Court rules against Ala. redistricting."

Mike Cason of AL.com has an article headlined "Will Alabama have to hold new Senate and House elections?"

Greg Stohr of Bloomberg News reports that "Court Revives Suit Over Republican-Drawn Alabama Voting Map; The nation's highest court gives a partial victory to Democrats and black lawmakers."

And Tarini Parti of Politico.com has a report headlined "Supreme Court: Alabama may have illegally packed black voters into legislative districts."
Posted at 01:44 PM by Howard Bashman



"UPS Worker's Pregnancy Discrimination Suit Reinstated by Supreme Court": Adam Liptak of The New York Times has this report.

Timothy M. Phelps of The Los Angeles Times reports that "Pregnant woman's lawsuit against UPS revived by Supreme Court."

And Greg Stohr of Bloomberg News reports that "Pregnant Workers Backed by U.S. Supreme Court in UPS Case."
Posted at 01:28 PM by Howard Bashman



"Iran Case Is So Secret It Can't Go On": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:12 PM by Howard Bashman


"Justices seem divided over EPA mercury limits": Mark Sherman of The Associated Press has this report.

Lawrence Hurley of Reuters reports that "U.S. justices divided over challenge to mercury air pollution rule."

Greg Stohr of Bloomberg News reports that "Top U.S. Court Questions EPA Emissions Limits for Power Plants."

And Adam Liptak of The New York Times reports that "Division Seen in Supreme Court on Pollution Limits."
Posted at 01:07 PM by Howard Bashman



"Voices: The high court reigns supreme." Richard Wolf of USA Today has this report.
Posted at 12:57 PM by Howard Bashman


"Opinion analysis: A small victory for minority voters, or a case with 'profound' constitutional implications?" Richard Hasen has this post at "SCOTUSblog."
Posted at 12:54 PM by Howard Bashman


"Flag waiving: Free speech and licence plates." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 10:32 AM by Howard Bashman


"Abortion politics threaten bipartisan bills in Congress": Erin Kelly of USA Today has an article that begins, "Abortion politics are threatening to derail bipartisan agreements to fight human trafficking and prevent a dramatic drop in Medicare payments for doctors as the fight over the polarizing issue moves to new fronts."
Posted at 10:26 AM by Howard Bashman


"How Biased Towards Libertarianism is the US Constitution?" Michael Dorf has this blog post today at "Dorf on Law" discussing his essay online today at Justia's Verdict titled "Economic Libertarian Constitutionalism Never Really Died."
Posted at 10:24 AM by Howard Bashman


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

1. Justice Stephen G. Breyer delivered the opinion of the Court in Young v. United Parcel Service, Inc., No. 12-1226. Justice Samuel A. Alito, Jr. issued an opinion concurring in the judgment. Justice Antonin Scalia issued a dissenting opinion, in which Justices Anthony M. Kennedy and Clarence Thomas joined. And Justice Kennedy also issued a dissenting opinion. You can access the oral argument via this link.

2. And Justice Breyer delivered the opinion of the Court in Alabama Legislative Black Caucus v. Alabama, No. 13-895. Justice Scalia issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. and Justices Thomas and Alito joined. Justice Thomas also issued a dissenting opinion. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "High court sends Alabama redistricting case back for review" and "Justices side with ex-UPS worker who claims pregnancy bias."

Lawrence Hurley of Reuters reports that "U.S. justices throw out ruling that upheld Alabama redistricting plan" and "U.S. Supreme Court revives pregnant worker's case against UPS."

Richard Wolf of USA Today reports that "Supreme Court disallows political maps that pack blacks" and "Justices say pregnant workers can seek accommodations."

And Ariane de Vogue of CNN.com has a report headlined "Supreme Court: Pregnancy discrimination case resurrected."
Posted at 10:03 AM by Howard Bashman



"Supreme Court hears arguments in dispute over EPA mercury rule": David G. Savage of The Los Angeles Times has this report.

Richard Wolf of USA Today reports that "Obama, opponents take air pollution fight to high court."

The Detroit News reports that "Michigan case pits health against power reliability."

The Cleveland Plain Dealer reports that "U.S. Supreme Court to decide whether cost to cut air pollution outweighs health benefits."

The Hill reports that "EPA regulations face new test at high court."

On today's broadcast of NPR's "Morning Edition," Nina Totenberg has an audio segment titled "Obama Administration Emissions Rules Face Supreme Court Test."

At "SCOTUSblog," Lyle Denniston has a post titled "Argument preview: EPA, on the defensive again."

At "FiveThirtyEight," Oliver Roeder has a post titled "The 'War On Coal' Comes To The Supreme Court."

And online at The New Republic, Rebecca Leber has an essay titled "This EPA Rule Will Save Thousands of Lives -- if the Supreme Court Upholds It."
Posted at 09:00 AM by Howard Bashman



"Labor board still grappling with Supreme Court defeat": Tim Devaney of The Hill has this report.
Posted at 08:40 AM by Howard Bashman


"Justices Rule Opinions May Sometimes Be Basis for Securities Fraud Suits": Adam Liptak has this article in today's edition of The New York Times.

Brent Kendall of The Wall Street Journal reports that "High Court Gives Omnicare Another Shot at Stopping Investor Suit; Case examined whether companies can be sued for securities registration statements that prove incorrect."

The Los Angeles Times reports that "Supreme Court separates facts from opinion in Omnicare ruling."

Greg Stohr of Bloomberg News reports that "Investor Suits Limited by Top U.S. Court in Omnicare Case."

Courthouse News Service reports that "Mixed Bag in SCOTUS for Omnicare Shareholders."

Alison Frankel's "On the Case" from Thomson Reuters News & Insight reports that "Justices stick to middle of the road in Omnicare securities opinion."

And at Forbes.com, Daniel Fisher has a post titled "Supreme Court Protects 'Opinions' From Suit -- Unless They're Contradicted By The Facts."
Posted at 08:34 AM by Howard Bashman



"U.S. Appeals Court Backs Accreditor's Decision Against a Massage School": The Chronicle of Higher Education has this blog post about a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
Posted at 08:10 AM by Howard Bashman


Tuesday, March 24, 2015

"High court denies Houston couple's request to dismiss federal charges in 'animal crush video' case": The Houston Chronicle has this report.
Posted at 10:33 PM by Howard Bashman


"Utah's adoption of firing squads bucks global trend": The Associated Press has this report, along with an article headlined "Lawmakers mull nitrogen gas for executions in Oklahoma."
Posted at 10:26 PM by Howard Bashman


"On Judicial Candor, Judge Posner, and the Supreme Court": Eric Segall had this blog post yesterday at "Dorf on Law."
Posted at 10:15 PM by Howard Bashman


"Major trials prompt calls for cameras in federal courtrooms": The Associated Press has this report.
Posted at 10:12 PM by Howard Bashman


"Cruz to sign up for government health care": The Des Moines Register has an article that begins, "Ted Cruz, one of the loudest critics of Obamacare, will soon be using it for health insurance coverage."
Posted at 10:07 PM by Howard Bashman


"Supreme Court: TTAB Decisions Create Issue Preclusion for Later Litigation." Dennis Crouch has this post today at "Patently-O."
Posted at 09:30 PM by Howard Bashman


"U.S. Supreme Court to consider Baton Rouge case to re-evaluate life sentences for murders by juveniles": The Advocate of Baton Rouge, Louisiana has this report.
Posted at 09:26 PM by Howard Bashman


"The Five Worst Supreme Court Justices In American History, Ranked": Ian Millhiser has this essay online today at ThinkProgress.
Posted at 09:20 PM by Howard Bashman


"What Should Clean Air Cost? The Supreme Court's surprising decision to hear a challenge by big coal." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:06 PM by Howard Bashman


"Appeals court sets arguments in Obama immigration suit": Josh Gerstein of Politico.com has a blog post that begins, "A federal appeals court announced Tuesday that it will hold an unusual oral argument session next month on the question of whether to stay a judge's order blocking President Barack Obama from carrying out new immigration executive actions he put forward last year."

And The Associated Press reports that "Appeals court sets April hearing on Obama immigration action."
Posted at 08:57 PM by Howard Bashman



"Chicago-based lawyer reflects on historic U.S. Supreme Court free speech win": David L. Hudson Jr. has this post online at the Newseum Institute.
Posted at 04:55 PM by Howard Bashman


"DOJ environment chief unbowed as Obama's agenda faces heavy fire": Jeremy P. Jacobs of Greenwire has this report.
Posted at 04:52 PM by Howard Bashman


"A Company's Opinion Isn't Always a Lie": Law professor Noah Feldman has this essay online at Bloomberg View.

Feldman also has an essay titled "Can the Court Rescue Drowning Homeowners?"
Posted at 02:05 PM by Howard Bashman



"Edmonton bail hearing starts Tuesday in case of convicted terrorist Omar Khadr": The Edmonton Journal has this report.

Sean Fine of The Toronto Globe and Mail reports that "Convicted terrorist Omar Khadr to make case for release on bail."

The Toronto Star reports that "Omar Khadr seeks bail while his case is appealed in U.S.; The former Guantanamo detainee will appear in an Edmonton courtroom Tuesday, seeking to be freed after nearly 13 years in custody."

CBC News reports that "Omar Khadr seeks bail while appealing U.S. war crime conviction; Lawyer Dennis Edney to ask Edmonton court today that his client be allowed out on bail to study."

And The Canadian Press reports that "Omar Khadr has right to bail like any other prisoner, lawyer argues."
Posted at 01:58 PM by Howard Bashman



"The Howard Shipley case: A lesson for others." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 01:44 PM by Howard Bashman


"The Case for the Firing Squad: As Utah brings back execution by bullet, and other states weigh a change, some argue that the firing squad is the most humane method." Matt Stroud of Bloomberg News has this report.
Posted at 01:42 PM by Howard Bashman


"U.S. court asked to weigh fate of captive killer whale in Florida": Reuters has this report.

And David Ovalle of The Miami Herald reports that "Activists fighting to free Lolita tell court that feds 'rubber stamp' Seaquarium license."
Posted at 01:36 PM by Howard Bashman



"Obama mercury air pollution rule faces test at U.S. top court": Lawrence Hurley of Reuters has this report.
Posted at 01:33 PM by Howard Bashman


"High court limits securities suits over deceptive comments": Sam Hananel of The Associated Press has this report.

And Lawrence Hurley of Reuters has a report headlined "Moment of truth: Omnicare wins U.S. case over 'untrue' statements."
Posted at 01:15 PM by Howard Bashman



"Power Companies Seek to End Losing Streak on EPA at Top U.S. Court": Greg Stohr and Mark Drajem of Bloomberg News have this report.
Posted at 01:14 PM by Howard Bashman


"Appeals court to hear case of Lolita, Miami Seaquarium's killer whale": David Ovalle of The Miami Herald has an article that begins, "A federal appeals court will entertain arguments Tuesday in a lawsuit challenging the captivity of Lolita, the killer whale who has performed at the Miami Seaquarium for decades."
Posted at 10:52 AM by Howard Bashman


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

1. Justice Elena Kagan delivered the opinion of the Court in Omnicare, Inc. v. Laborers Dist. Council Constr. Industry Pension Fund, No. 13-435. Justice Antonin Scalia issued an opinion concurring in part and concurring in the judgment. And Justice Clarence Thomas issued an opinion concurring in the judgment. You can access the oral argument via this link.

2. And Justice Samuel A. Alito, Jr. delivered the opinion of the Court in B&B Hardware, Inc. v. Hargis Industries, Inc., No. 13-352. Justice Ruth Bader Ginsburg issued a concurring opinion. And Justice Thomas issued a dissenting opinion, in which Justice Scalia joined. You can access the oral argument via this link.
Posted at 10:04 AM by Howard Bashman



"Foley Partner Escapes Punishment in Supreme Court": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 08:44 AM by Howard Bashman


"Two Supreme Court Justices Say Criminal-Justice System Isn't Working; Justice Breyer says mandatory minimum sentences are 'a terrible idea'": Jess Bravin of The Wall Street Journal has this report.
Posted at 08:40 AM by Howard Bashman


"Supreme Court won't review Pa. preemption ruling for reference drug": Jessica Dye of Reuters has this report.
Posted at 08:35 AM by Howard Bashman


"This Gay Rights Group Wants The Supreme Court To Shut It Down": Amanda Terkel of The Huffington Post has an article that begins, "If everything goes as he hopes, Evan Wolfson will soon be out of a job."
Posted at 08:32 AM by Howard Bashman


"Herbert's signature finalizes return of Utah's firing squad": The Deseret News has this report.

The Salt Lake Tribune reports that "Utah governor signs 55 bills into law, brings back firing squad."

And The Associated Press reports that "Utah to use firing squads if lethal drugs are unavailable."
Posted at 08:30 AM by Howard Bashman



"States ask court to keep block on Obama immigration orders": Josh Gerstein of Politico.com has a blog post that begins, "Governors and attorneys general representing 26 states Monday formally urged a federal appeals court not to stay a judge's injunction barring President Barack Obama from going forward with a series of immigration policy changes aimed at giving quasi-legal status and work permits to millions more illegal immigrants."
Posted at 08:14 AM by Howard Bashman


Monday, March 23, 2015

"Justices' Foley Warning Shows Attys Must Rein In Clients": Ryan Davis of Law360.com has an article (subscription required for full access) that begins, "While a Foley & Lardner LLP partner who filed a jargon-filled petition mostly written by a client escaped U.S. Supreme Court sanctions Monday, the justices nonetheless put attorneys on notice that they have a responsibility not to simply rubber-stamp convoluted filings if a client insists, experts say."
Posted at 11:23 PM by Howard Bashman


"Wal-Mart wants U.S. Supreme Court to overturn Pa. wage case": Jane M. Von Bergen of The Philadelphia Inquirer has an article that begins, "Wal-Mart has asked the U.S. Supreme Court to overturn a December decision by the Pennsylvania Supreme Court to approve a $151 million class-action award to employees in the state for unpaid wages and damages."
Posted at 11:14 PM by Howard Bashman


"Justices Look for Reasoning Behind Texas Ban on Confederate License Plate": Adam Liptak will have this article in Tuesday's edition of The New York Times.

Robert Barnes of The Washington Post has an article headlined "Censorship vs. free speech on specialized license plates in Texas."

David G. Savage of The Los Angeles Times reports that "Justices reluctant to force Texas to issue Confederate license plates."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Grapples With Specialty License Plate Case; A lawyer argued Texas must issue plates showing Confederate battle flag." You can freely access the full text of the article via Google.

Greg Stohr of Bloomberg News reports that "Confederate-Flag Plate Case Offers Top Court No Easy Answer."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Justices Debate Place Of Offensive Language On License Plates."

Online at Slate, Mark Joseph Stern has a Supreme Court dispatch titled "Lost Cause: Do devotees of the Confederacy have a First Amendment right to put the rebel battle flag on their license plates?"

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Rebel Yells and License Plates."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Walker v. Texas Div., Sons of Confederate Veterans, Inc., No. 14-144.
Posted at 11:04 PM by Howard Bashman



"Court to try again on juveniles' life sentences": Lyle Denniston has this post at "SCOTUSblog."

And David G. Savage of The Los Angeles Times reports that "High court to decide whether young murderers can one day go free."
Posted at 09:47 PM by Howard Bashman



"Wisconsin Decides Not to Enforce Voter ID Law; Supreme Court Deflines to Hear Challenge to Wisconsin Voter ID Law": Adam Liptak will have this article in Tuesday's edition of The New York Times.

Robert Barnes and Mark Berman of The Washington Post report that "Supreme Court lets Wisconsin's voter-ID law stand."

Brent Kendall of The Wall Street Journal reports that "Court Won't Hear Challenge to Wisconsin's Voter-ID Law; State Republican lawmakers enacted tighter voter requirement in 2011."

Warren Richey of The Christian Science Monitor reports that "Wisconsin voter ID law survives Supreme Court challenge."

Jason Stein and Patrick Marley of The Milwaukee Journal Sentinel reports that "U.S. Supreme Court refuses to take up challenge to Wisconsin voter ID law; But law won't be in effect for April 7 election."

Eric Bradner of CNN.com reports that "Supreme Court keeps Wisconsin voter ID law in place."

Greg Stohr of Bloomberg News reports that "Wisconsin Voter-ID Law Stands as Supreme Court Rejects Appeal; The justices give a victory to Republicans, including Wisconsin Governor Scott Walker."

And Samantha Lachman of The Huffington Post reports that "Supreme Court Won't Consider Challenge To Wisconsin Voter ID Law."
Posted at 09:40 PM by Howard Bashman



"Supreme Court weighs S.F. police shooting of mentally ill woman": Bob Egelko of The San Francisco Chronicle has this report.

David G. Savage of The Los Angeles Times reports that "Supreme Court confronts case of mentally ill suspect shot by police."

And Lyle Denniston of "SCOTUSblog" has a post titled "Argument analysis: Can a really rough start be overcome?"

You can access at this link the transcript of today's U.S. Supreme Court oral argument in City and County of San Francisco v. Sheehan, No. 13-1412.
Posted at 09:18 PM by Howard Bashman



"U.S. justices voice support for criminal justice reform": Lawrence Hurley of Reuters has this report.
Posted at 09:03 PM by Howard Bashman


"Ted Cruz, a Smart Conservative With Sharp Elbows": In Tuesday's edition of The New York Times, Ashley Parker and Maggie Haberman will have an article that begins, "Back in late 2000, Ted Cruz found himself with one of the hottest tickets in town. As a former clerk to Chief Justice William H. Rehnquist, Mr. Cruz, a junior aide on George W. Bush's presidential campaign, had scored a seat inside the Supreme Court for the oral arguments in Bush v. Gore, which would decide the election."
Posted at 04:32 PM by Howard Bashman


"Supreme Court Fiscal Year 2016 Budget: Justices Anthony Kennedy and Stephen Breyer testified on the Supreme Court fiscal year 2014 budget and the federal judiciary system." Via C-SPAN, you can access the video of this just-concluded video by clicking here.
Posted at 04:23 PM by Howard Bashman


"High Court Dumps 1 Of 3 Pa. Reglan Preemption Petitions": Dan Packel of Law360.com has an article (subscription required for full access) that begins, "The U.S. Supreme Court said Monday that it would not hear one of three pending petitions seeking review of a Pennsylvania appellate court ruling that the product liability claims of thousands of generic Reglan users weren't necessarily preempted by federal law."
Posted at 02:23 PM by Howard Bashman


"Supreme Court considers impact of disability law on police": Sam Hananel of The Associated Press has this report.
Posted at 01:48 PM by Howard Bashman


"Justices frown on state censorship of license plates": Richard Wolf of USA Today has this report.

David G. Savage of The Los Angeles Times reports that "Supreme Court voices skepticism over Confederate license plates."

Mark Sherman of The Associated Press reports that "Justices struggle with free speech case over license plates."

Lawrence Hurley of Reuters reports that "U.S. top court wrestles over Confederate flag license plate."

Michael Lindenberger of The Dallas Morning News has a blog post titled "Supreme Court hears Texas case on rejected Confederate flag license plate."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: Assuming the answer, up front."
Posted at 01:09 PM by Howard Bashman



"First Amendment, 'Patron Saint' of Protesters, Is Embraced by Corporations": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:00 PM by Howard Bashman


"Justices Scold but Decline to Punish Attorney Who Faced Rare Sanction": Jacob Gershman has this post today at WSJ.com's "Law Blog."

Aebra Coe of Law360.com has an article headlined "High Court Won't Discipline Foley Atty For Jumbled Petition" (subscription required for full access) that begins, "A Foley & Lardner LLP partner on Monday was freed of a rare sanction threat from the U.S. Supreme Court for filing an impenetrable, jargon-packed petition in a patent suit that the lawyer says was penned largely by his client."

And at his "Legal Ethics Forum" blog, John Steele has a post titled "SCOTUS declines to discipline Foley lawyer who filed oddly worded petition."
Posted at 11:47 AM 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 and called for the view of the Solicitor General in four related cases.

In the attorney discipline proceeding captioned In the Matter of Howard Neil Shipley, the Court today issued the following order:

A response having been filed, the Order to Show Cause, dated December 8, 2014, is discharged. All Members of the Bar are reminded, however, that they are responsible -- as Officers of the Court -- for compliance with the requirement of Supreme Court Rule 14.3 that petitions for certiorari be stated 'in plain terms,' and may not delegate that responsibility to the client.
And in Bower v. Texas, No. 14-292, Justice Stephen G. Breyer issued a dissent, in which Justices Ruth Bader Ginsburg and Sonia Sotomayor joined, from the denial of certiorari.

In early news coverage, The Associated Press reports that "Justices to review sentences for young convicts"; "High court will hear DirecTV appeal over termination fees"; "Justices turn away challenge to Wisconsin voter ID law"; and "Texas man on death row since 1984 loses Supreme Court appeal."

Lawrence Hurley of Reuters reports that "U.S. top court to hear Louisiana life-without-parole sentencing case"; "U.S. Supreme Court agrees to hear DirecTV arbitration case"; "Supreme Court leaves intact Wisconsin voter identification law": and "U.S. top court declines to hear Texas death row inmate's appeal."

And Richard Wolf of USA Today reports that "Supreme Court lets Wisconsin voter ID law stand."
Posted at 09:33 AM by Howard Bashman



"The Darkest Timeline: How The New Deal, The Great Society And Obamacare Could Vanish Overnight." Ian Millhiser has this essay online today at ThinkProgress.
Posted at 09:28 AM by Howard Bashman


"Alabama Chief Justice Roy Moore headlining anti-gay marriage rally in Texas": The Associated Press has this report.
Posted at 08:14 AM by Howard Bashman


"Tour guides press ahead with speech lawsuit against Savannah": The Associated Press has this report.
Posted at 08:10 AM by Howard Bashman


"Drop in traffic tickets has Supreme Court near broke, chief justice says": This front page article appears in today's edition of The Las Vegas Review-Journal.
Posted at 08:05 AM by Howard Bashman


"EPA rule on power plant emissions faces formidable hurdle in Supreme Court": David G. Savage of The Los Angeles Times has this report.

In today's edition of The Wall Street Journal, Brent Kendall and Amy Harder have an article headlined "Litigation Awaits New EPA Emissions Rules; Power plants and their backers allege agency didn't consider the cost." You can freely access the full text of the article via Google.

And today's edition of The New York Times contains an editorial titled "Clean Air Act and Dirty Coal at the Supreme Court."
Posted at 08:00 AM by Howard Bashman



"The Rush to Execute Brain-Damaged Inmate": Kenneth Jost had this post yesterday at his blog, "Jost on Justice."
Posted at 07:53 AM by Howard Bashman


"Justices hear free speech dispute over license plates": Mark Sherman of The Associated Press has this report.

And on this morning's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment titled "Is A Confederate Flag License Plate Free Speech?"
Posted at 07:48 AM by Howard Bashman



Sunday, March 22, 2015

"A Test of Free Speech and Bias, Served on a Plate From Texas": Adam Liptak will have this article in Monday's edition of The New York Times.
Posted at 10:58 PM by Howard Bashman


"Two Years After His Husband's Death, Jim Obergefell Is Still Fighting For The Right Be Married": Chris Geidner of BuzzFeed has this report.
Posted at 10:42 PM by Howard Bashman


"Colorado Supreme Court: Are avalanches inherent risk of resort skiing?" The Denver Post has this report.
Posted at 10:38 PM by Howard Bashman


"Same-sex couples celebrate first year of marriage": The Detroit Free Press has this report, along with an article headlined "Michigan's legally married gay couples mark anniversary."

The Detroit News reports that "Same sex couples celebrate with champagne, cake."

And MLive.com reports that "Gay couples celebrate first anniversaries at Ann Arbor church."
Posted at 10:32 PM by Howard Bashman



"Alberto Gonzales, now at Belmont, relives Bush years": Brad Schmitt of The Tennessean has this report.
Posted at 09:57 PM by Howard Bashman


"Obamacare Is Turning 5 Years Old, And The Debate Has Barely Changed": Jonathan Cohn of The Huffington Post has this report today.
Posted at 09:54 PM by Howard Bashman


"Kansas Schools Fight Plays Out Against Backdrop of Debate on Judiciary": John Eligon will have this article in Monday's edition of The New York Times.
Posted at 09:34 PM by Howard Bashman


"Tsarnaev friend wants conviction tossed, citing Supreme Court ruling": Patricia Wen and John R. Ellement of The Boston Globe have this report.
Posted at 09:22 PM by Howard Bashman


"Never Count on the Supreme Court to Protect Voting Rights": Ian Millhiser has this essay online at The New Republic.
Posted at 09:10 PM by Howard Bashman


"Does the Supreme Court Follow the Recommendation of the Solicitor General in Foreign Relations Cases in which the Court has issued a CVSG?" Ingrid Wuerth has this post today at "Lawfare."
Posted at 09:04 PM by Howard Bashman


"Supreme Court to hear battle over Confederate license plates": Robert Barnes will have this article in Monday's edition of The Washington Post.

Warren Richey of The Christian Science Monitor reports that "Supreme Court to decide case over Confederate flag license plate; The US Supreme Court will hear arguments Monday about whether Texas is within its rights to refuse to offer a specialty license plate with the Confederate battle flag."

Lawrence Hurley of Reuters reports that "Confederate flag license plate battle reaches U.S. Supreme Court."

And online at The New Republic, Cristian Farias has an essay titled "Was Texas Wrong to Reject a Specialty License Plate Bearing a Confederate Flag?"
Posted at 09:00 PM by Howard Bashman



Saturday, March 21, 2015

"Bringing the theater of the Supreme Court to the stage": This video segment appeared on yesterday evening's broadcast of the PBS NewsHour.
Posted at 11:57 PM by Howard Bashman


"Bradley, Daley air differences in first joint appearance": In yesterday's edition of The Milwaukee Journal Sentinel, Bruce Vielmetti had an article that begins, "At the first of four scheduled joint appearances, the candidates for Wisconsin Supreme Court justice made their differences clear Thursday in Milwaukee."
Posted at 11:54 PM by Howard Bashman


"Michigan lawyer to argue gay marriage ban before high court": Todd Spangler of The Detroit Free Press has this report.
Posted at 11:52 PM by Howard Bashman


"U.S. Supreme Court to Hear Confederate Plates Case": The Texas Tribune has this report.

Yesterday at "SCOTUSblog," Lyle Denniston had a post titled "Argument preview: When the license plate speaks."

And online at The Daily Beast, Ilya Shapiro has an essay titled "In Defense of Confederate License Plates: Allowing the Confederate flag on Texas license plates would offend a lot of people, but Texas's decision to nix the Stars and Bars tramples the First Amendment."
Posted at 11:50 PM by Howard Bashman



"U.S. Fights Penalty Threat in Obama Immigration-Policy Suit": Laurel Brubaker Calkins of Bloomberg News has this report.
Posted at 11:00 PM by Howard Bashman


"Supreme Court considers impact of disability law on police": Tami Abdollah and Sam Hananel of The Associated Press have this report.

And today at "SCOTUSblog," Lyle Denniston has a post titled "Argument preview: Police and disability rights."
Posted at 10:42 PM by Howard Bashman



"Burt Neuborne discusses his new book on the First Amendment with Supreme Court Associate Justice Sonia Sotomayor and Dean Trevor Morrison": NYU School of Law has posted this video online at YouTube.
Posted at 04:36 PM by Howard Bashman


"In wake of apology, ex prosecutor calls for abolishment of death penalty; Stroud: State shouldn't fight Ford's effort to gain compensation for wrongful incarceration." The Times of Shreveport, Louisiana has this report.

Yesterday, the newspaper published a letter to the editor written by A.M. "Marty" Stroud III under the headline "Lead prosecutor apologizes for role in sending man to death row; Stroud: Death penalty is 'abomination that continues to scar the fibers of this society.'"
Posted at 02:30 PM by Howard Bashman



"Proposed measure would require condoms in porn": Josh Richman of The Oakland Tribune has a blog post that begins, "All porn actors working in California would have to wear condoms, under a new proposed ballot measure that Secretary of State Alex Padilla has cleared to start circulating for signatures."
Posted at 01:00 PM by Howard Bashman


"Beheaded Security Workers' Families Lose Appeal": Courthouse News Service has a report that begins, "Families of U.S. contractors kidnapped and beheaded in Iraq almost a decade ago lost their appeal challenging the government policies they say contributed to their relatives' deaths."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:46 AM by Howard Bashman



"AT&T lawyers don't read court docket, can't appeal $40M patent verdict; Missed the deadline to appeal 2014's biggest win for a 'non-practicing entity'": Joe Mullin of Ars Technica has this report.

My earlier coverage of Thursday's Federal Circuit ruling appears at this link.
Posted at 11:40 AM by Howard Bashman



"Does Licensing Lawyers Violate the First Amendment?" Josh King recently had this interesting post at his "Socially Awkward" blog.
Posted at 11:35 AM by Howard Bashman


"Why We Need Law Schools": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:32 AM by Howard Bashman


"State high court may decide whether gun in a backpack is 'carried'": Bob Egelko of The San Francisco Chronicle has this blog post.
Posted at 11:28 AM by Howard Bashman


"Suit against ex-LAPD detectives can proceed, court rules": Maura Dolan has this article reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 11:25 AM by Howard Bashman


"Fox News Wants Appeals Court to Examine Transformational Value of Social Media; The cable news network is defending a lawsuit that alleges it violated copyright to a 9/11 photo by using it on Facebook to commemorate the anniversary": Eriq Gardner had this post yesterday at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 11:22 AM by Howard Bashman


"Supreme Court to decide if Confederate flag licenses plates are a First Amendment right": Michael Doyle of McClatchy Washington Bureau has this report.
Posted at 11:18 AM by Howard Bashman


Friday, March 20, 2015

"Bar Exam, the Standard to Become a Lawyer, Comes Under Fire": Elizabeth Olson has this article in today's edition of The New York Times.
Posted at 02:00 PM by Howard Bashman


"Civil rights group challenges man's arrest for saying 'dirty words'": The Chattanooga Times Free Press has this report.
Posted at 01:27 PM by Howard Bashman


"Oklahoma plan to restrict same-sex marriage may backfire": Reuters has this report.
Posted at 01:20 PM by Howard Bashman


"Fight over Texas License Plate With Confederate Flag Heads to High Court; Sons of Confederate Veterans say state's rejection of plate violates their free-speech rights": Jess Bravin has this article in today's edition of The Wall Street Journal.
Posted at 01:12 PM by Howard Bashman


"High Court ruling clears way for Loyola's religious studies course; Loyola High School's legal battle over Quebec's compulsory ethics and religious culture course took six years and involved three court cases": The Montreal Gazette has this report.

The Toronto Globe and Mail reports that "Supreme Court sides with Quebec Catholic school on religious freedom."

And The Canadian Press reports that "Supreme Court rules Quebec infringed on Loyola High School's religious freedom; Montreal school wanted to opt out of Quebec's ethics and religious culture course."

You can access yesterday's ruling of the Supreme Court of Canada at this link.
Posted at 12:14 PM by Howard Bashman



"The Freakout From An Obamacare Ruling Could Be Unlike Anything We've Seen": Jonathan Cohn of The Huffington Post has this report today.
Posted at 12:03 PM by Howard Bashman


"Feds argue they had no duty under FOIA to search Hillary Clinton's emails": Today at Politico.com, Josh Gerstein has a post that begins, "The federal government had no duty under the Freedom of Information Act to produce emails former Secretary of State Hillary Clinton sent or received on a privately maintained account, Justice Department lawyers suggested to a federal appeals court late Thursday."
Posted at 12:00 PM by Howard Bashman


Thursday, March 19, 2015

"Challenging the Almighty Supreme Court": Law professor Stephen L. Carter has this essay online today at Bloomberg View.

And online today at National Review. law professor Josh Blackman has an essay titled "The President Cannot Bypass the Courts: A New York Times op-ed makes an ingenious but frightening argument."
Posted at 04:32 PM by Howard Bashman



"AT&T Has to Pay $40 Million Because It Didn't Read a Document": Susan Decker of Bloomberg News has this report.

Ryan Davis of Law360.com reports that "Fed. Circ. Says Sidley Blown Deadline Axes $40M AT&T Appeal" (subscription required for full access).

And at his "Patently-O" blog, Dennis Crouch has a post titled "Docket Error Loses AT&T's $40 Million Appeal." The "docket error" in question was the CM/ECF system's failure to fully describe all aspects of an order, the notice of which was emailed on a timely basis to all of AT&T's attorneys, who apparently all neglected to access the actual order itself, the text of which would have revealed all of the order's various aspects.

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

My earlier post linking to the appellate oral argument audio (9.58 MB mp3 audio file) can be accessed here. As I noted in that earlier post, "[v]eteran appellate advocate Carter G. Phillips argued the appeal for AT&T."
Posted at 04:23 PM by Howard Bashman



"Supreme Court takes on specialty license plates": Ariane de Vogue of CNN.com has this report.
Posted at 04:15 PM by Howard Bashman


"Pentagon official who sought to move judges to Guantanamo quits": Reuters has this report.
Posted at 04:11 PM by Howard Bashman


"The Serious, Somber Boston Marathon Bombing Trial: Why we don't -- and shouldn't -- have cameras in federal courtrooms." Thomas Doherty has this jurisprudence essay online today at Slate.

Of course, as many readers of this blog no doubt already appreciate, the question of whether to allow cameras in a trial court differs significantly from whether to allow cameras to televise appellate oral arguments.
Posted at 04:10 PM by Howard Bashman



"Dems put focus on gay marriage ahead of High Court arguments": The Detroit News has an article that begins, "Just over a month away from historic oral arguments before the U.S. Supreme Court challenging Michigan's gay marriage ban, a group of Democratic state lawmakers intends to introduce a package of bills to repeal the 10-year-old state law."
Posted at 04:02 PM by Howard Bashman


Programming note: I am meeting with trial counsel in a pending appeal this afternoon. As a result, additional posts will appear here late this afternoon.
Posted at 11:20 AM by Howard Bashman


"Hedge Fund Betting on Lawsuits Is Spreading; The U.S. Chamber of Commerce warns of wasteful litigation and corruption": Paul Barrett of Bloomberg News has this report.
Posted at 09:21 AM by Howard Bashman


"Atheists want law removed that bars them from office": Holly Meyer of The Tennessean has this report.
Posted at 09:17 AM by Howard Bashman


"Justice goes to prison to weigh Mich. sentencing system": Gary Heinlein of The Detroit News has this report.
Posted at 08:42 AM by Howard Bashman


"Poll: Many unaware some health subsidies could be ruled out." The Associated Press has this report.
Posted at 08:33 AM by Howard Bashman


"Roberts at 10: Roberts's Environmental Law Record -- It's Not Good, But Don't Count Him Out." Brianne Gorod has this report online at the Constitutional Accountability Center.
Posted at 08:32 AM by Howard Bashman


"Texas Sues U.S. Over Same-Sex Benefit Rule for Medical Leave": Margaret Cronin Fisk of Bloomberg News has this report.
Posted at 08:30 AM by Howard Bashman


"The Seventh Circuit Injects Common Sense into Religious Liberty Debates with Official Committee of Unsecured Creditors v. Listecki": Law professor Marci A. Hamilton has this essay online today at Justia's Verdict.
Posted at 08:24 AM by Howard Bashman


"What Went Wrong with the FISA Court": Elizabeth (Liza) Goitein and Faiza Patel have this report online at The Brennan Center.
Posted at 08:22 AM by Howard Bashman


"The Godmother of Gay Marriage: Edie Windsor's Passionate Life; After her partner Thea Spyer died, Edie Windsor was left with a massive estate tax bill, just because they were gay; Her victorious fight has redrawn the LGBT equality map." Justin Jones has this essay online at The Daily Beast.
Posted at 08:19 AM by Howard Bashman


"Court chides feds over erased videotape": The San Diego Union-Tribune has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 08:14 AM by Howard Bashman


"Supreme Court to rule on Loyola's challenge of province's religious curriculum": The Montreal Gazette has this report.

CBC News reports that "Supreme Court to rule today on religious teaching in schools; Montreal's Loyola High wants to opt out of Quebec's ethics and religious culture course."

The Canadian Press reports that "Top court to rule on Catholic school's right to opt out of Quebec's ethics course."

And Postmedia News has an article headlined "Five things to know about upcoming Supreme Court ruling on Quebec's mandatory religion course."

Once the Supreme Court of Canada issues its ruling in this case this morning, I will link to it.
Posted at 08:12 AM by Howard Bashman



"Identity Crisis: The Supreme Court's Identity Crisis on Voting Rights." Linda Greenhouse has this essay online today at The New York Times.
Posted at 08:02 AM by Howard Bashman


Wednesday, March 18, 2015

"KPFK 'BradCast': Update on Judge Fuller 'Wife-Beating' Case w/ Exclusive 911 Audio": "The Brad Blog" has this post this evening.
Posted at 11:18 PM by Howard Bashman


"Immigration chief tells CCJ in gay rights lawsuit: Caricom homosexual nationals can enter T&T." The Trinidad & Tobago Guardian has this report.

And The Associated Press reports that "Caribbean court hears suit against 2 nations' anti-gay laws."
Posted at 11:05 PM by Howard Bashman



"Does your license plate speak for you or your state?" Richard Wolf of USA Today has this report.
Posted at 10:50 PM by Howard Bashman


"Officials ordered to preserve Cebull's racist emails": The Associated Press has a report that begins, "Federal judicial officials must preserve hundreds of racist and inappropriate emails that prompted Montana's former chief U.S. district judge to step down, under a Wednesday court order in a case brought by attorneys for American Indians intent on challenging the judge's past rulings."

You can access today's ruling of the U.S. District Court for the Northern District of California at this link.
Posted at 10:48 PM by Howard Bashman



"Are Overcrowded Prisons Unconstitutional? It's time for the Supreme Court to weigh in." Leon Neyfakh has this interview with law professor Jonathan Simon online at Slate.
Posted at 10:38 PM by Howard Bashman


"Supreme Court election spat escalates; Attorneys for Kentucky Supreme Court Justice Michelle Keller fight her former opponent's effort to depose them in sanctions case": The Cincinnati Enquirer has this report.
Posted at 10:34 PM by Howard Bashman


"Ala. abortion law lets judges appoint lawyers for fetuses": The Associated Press has a report that begins, "The American Civil Liberties Union on Wednesday asked a federal judge to block an Alabama law that allows a fetus to be represented in court when a minor is seeking judicial permission for an abortion."
Posted at 10:00 PM by Howard Bashman


"We Are David Dow: Lawyers are furious with Texas for suspending an effective death penalty defense attorney." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:55 PM by Howard Bashman


"Pa. High Court Won't Hear Appeal Of $10M Motrin Verdict": Alex Wolf of Law360.com has this report (subscription required for full access).

My earlier coverage of today's Pa. Supreme Court order in this case, in which I serve as appellate counsel for the plaintiffs, can be accessed here.
Posted at 09:45 PM by Howard Bashman



"Deno Himonas sworn in as Utah Supreme Court justice": Pamela Manson of The Salt Lake Tribune has this report.
Posted at 09:21 PM by Howard Bashman


"Lawmakers call for cameras in high court": Online today at The Hill, Lydia Wheeler has an article that begins, "With a number of high-profile cases, including two on same-sex marriage and ObamaCare, being argued before the Supreme Court this session, lawmakers want the public to be able to tune in to the proceedings."
Posted at 09:18 PM by Howard Bashman


"School employees accused of sex with students on Germany trip can't be tried in N.J., high court says": NJ.com has a report that begins, "Two former employees at a Bergen County high school accused of having sex with teenage students during a school trip to Germany cannot be prosecuted in New Jersey, the state Supreme Court ruled today."

And The Record of Hackensack, New Jersey reports that "Court rules former Paramus Catholic employees cannot be charged with sexual assault."

You can access today's ruling of the Supreme Court of New Jersey at this link.
Posted at 08:45 PM by Howard Bashman



"Senate confirms Seitz to Supreme Court": The News Journal of Wilmington, Delaware has this report.
Posted at 08:37 PM by Howard Bashman


"Making us wait to listen to Supreme Court arguments": Columnist Michael McGough has this essay online at The Los Angeles Times.
Posted at 08:33 PM by Howard Bashman


"Lecture Named for Ninth Circuit Jurist, Spouse": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit today issued a news release that begins, "An annual lecture established by the University of California, Irvine, School of Law, recognizes the civil rights contributions of Judge Stephen Reinhardt of the United States Court of Appeals for the Ninth Circuit and his wife, Ramona Ripston, retired executive director of the American Civil Liberties Union of Southern California."
Posted at 03:26 PM by Howard Bashman


Pa. Supreme Court denies review of $10M Motrin SJS/TEN personal injury verdict: The Supreme Court of Pennsylvania today issued this order denying the defendant's petition for allowance of appeal in a case in which I serve as the plaintiffs' appellate counsel. You can access at this link the answer in opposition to the petition for allowance of appeal that I filed on my clients' behalf last November.

My most recent earlier coverage of this case, which I briefed and argued on plaintiffs' behalf in opposition to the defendant's appeal to the Superior Court of Pennsylvania (resulting in this decision affirming the judgment), can be accessed here and here.
Posted at 03:20 PM by Howard Bashman



"Anti-Israel ad can be barred from Seattle buses, appeals court rules": Dan Levine of Reuters has this report on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:42 PM by Howard Bashman


"Microsoft must face Xbox 360 class action claims": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:38 PM by Howard Bashman


"Judge rejects franchises' bid to stop part of Seattle minimum-wage law; The ruling means locally owned franchisees in Seattle remain on the same fast track as large employers toward reaching $15-an-hour pay": The Seattle Times has this report on a ruling that the U.S. District Court for the Western District of Washington issued yesterday.

And SeattlePI.com has a blog entry titled "Federal judge won't block Seattle's $15 minimum wage."
Posted at 12:02 PM by Howard Bashman



"Eastern District of New York celebrates 150 Years; Special Guests Include 2 U.S. Supreme Court Justices, Met Opera Singer": The Brooklyn Daily Eagle has this report.
Posted at 11:24 AM by Howard Bashman


"Most death penalty sentences are overturned. Here's why that matters." Frank R. Baumgartner and Anna W. Dietrich had this entry yesterday at the "Monkey Cage" blog of The Washington Post.
Posted at 10:52 AM by Howard Bashman


"Roy Moore's family matters are personal and fair game": Columnist Charles J. Dean of The Birmingham News has this essay online.
Posted at 08:52 AM by Howard Bashman


"States keep concocting ways to restrict the right to abortion": This editorial appears in today's edition of The Los Angeles Times.
Posted at 08:50 AM by Howard Bashman


"Hawaii Supreme Court orders online travel companies to pay taxes": The Honolulu Star-Advertiser has an article that begins, "The Hawaii Supreme Court decided Tuesday that nine popular online travel companies will be required to pay up to tens of millions of dollars in state taxes for selling Hawaii hotel rooms over the Internet."

And The Associated Press has a report headlined "Hawaii: State Supreme Court ruling to lead to back taxes for online travel companies."

You can access yesterday's ruling of the Supreme Court of Hawaii at this link.
Posted at 08:45 AM by Howard Bashman



"U. of Texas' Chief Might Have Exposed Its Admissions Policy to New Supreme Court Challenge": Peter Schmidt has this post today at "The Ticker" blog of The Chronicle of Higher Education.
Posted at 08:40 AM by Howard Bashman


"Who will fight for gay marriage at SCOTUS?" Ariane de Vogue of CNN.com has this report.
Posted at 08:34 AM by Howard Bashman


"Obama Can't Ignore Court on Obamacare": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:32 AM by Howard Bashman


"Appeals court struggles to decide whether NCAA athletes should be paid": Maura Dolan of The Los Angeles Times has this report.

Howard Mintz of The San Jose Mercury News reports that "NCAA, athletes square off in federal appeals court."

The New York Times reports that "N.C.A.A. Appeal of Ruling in O'Bannon Case Is Heard."

USA Today reports that "Judges hearing NCAA appeal raise questions about O'Bannon ruling."

Dan Levine of Reuters reports that "U.S. appeals court scrutinizes NCAA over athlete pay."

Pamela A Maclean of Bloomberg News reports that "NCAA Says Students Are Losers If Amateur Sport Rules Tossed."

The Associated Press has a report headlined "Lawyer: NCAA decision conflicts with previous rulings on pay."

And Courthouse News Service reports that "9th Circuit Tackles NCAA's 'Pay-For-Play' Case."

You can access at this link the video of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

Seth P. Waxman argued the case for the NCAA, while Michael D. Hausfeld argued for the plaintiffs.
Posted at 08:27 AM by Howard Bashman



Tuesday, March 17, 2015

"Who Should Argue Gay Marriage at SCOTUS? There's One Obvious Choice." Mark Joseph Stern has this essay online at Slate.
Posted at 10:10 PM by Howard Bashman


"Christie says Democrats won't let him reshape high court": The Philadelphia Inquirer has this report.
Posted at 10:05 PM by Howard Bashman


"Madoff trustee to high court: Ruling blocking $4B in payouts." The Associated Press has this report.
Posted at 09:46 PM by Howard Bashman


"Dueling petitions at SCOTUS cite circuit split on foreign antitrust": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.

Thomas C. Goldstein's cert. petition in one of the cases that is the subject of Frankel's article concludes with a particularly harsh and seemingly personal attack (see, for example, footnote seven of the petition) on Seventh Circuit Judge Richard A. Posner. Only time will tell whether Goldstein's attempt at making certain justices angry with Judge Posner based on what Posner said about those justices in his capacity as commentator will cause the Court to be more interested or less interested in choosing this case as the vehicle for deciding the antitrust conflict presented.
Posted at 09:12 PM by Howard Bashman



"N.J. Supreme Court strikes down part of bias-intimidation law": The Record of Hackensack, New Jersey has a report that begins, "The New Jersey Supreme Court struck down on Tuesday a section of the state's bias-intimidation law that allowed a jury to convict a defendant even when bias did not motivate a crime as long as the victim believed he or she was targeted based on race, color, national origin or ethnicity."

You can access today's ruling of the Supreme Court of New Jersey at this link.
Posted at 05:52 PM by Howard Bashman



"A closer look at the Third Circuit's recent en banc cases": Matthew Stiegler has this post today at his "CA3blog."
Posted at 05:48 PM by Howard Bashman


"N.J. spars with sports leagues once again over sports betting in federal appeals court": NJ.com has this report.
Posted at 05:46 PM by Howard Bashman


"Gay marriage case could offer 15 minutes of fame": Richard Wolf of USA Today has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Seven-lawyer line-up for same-sex marriage hearings?"
Posted at 04:52 PM by Howard Bashman



RAP mogul on my list of top-ten federal appellate judicial writers: It's time for me to reveal a fourth judge on my unranked list of the ten best opinion writers currently serving on the U.S. Courts of Appeals.

Even before "Notorious R.B.G." was a glimmer in the eye of the yet-to-be-launched Tumblr web site, this judge's actual initials spelled RAP. In December 2016, he will celebrate his 35th anniversary as a federal appellate judge. If any one judge can be singled-out for demonstrating that judicial opinions can be interesting no matter what issues happen to be involved, and for showing that appellate writing in general doesn't have to be dreadful to read, in my view the lion's share of the credit belongs to him.

I have been a huge fan of Seventh Circuit Judge Richard A. Posner's writing since I was in law school. In the February 2002 installment of my "Upon Further Review" column published in The Legal Intelligencer, I described "Seventh Circuit Judges Richard A. Posner, Frank H. Easterbrook and Terence T. Evans" as "appellate judges who are excellent writers and thinkers."

Since then, Judge Posner kindly participated in this blog's "20 questions for the appellate judge" interview feature, producing a must-read interview, and he and I even locked horns (see here and here) over the arcane subject of ostrich heads, spawning two posts (see here and here) from Mark Liberman at the amazing "Language Log" blog.

In the finest tradition of the legal profession, Judge Posner appears even to have created something of an online shrine to himself. Without question, an impressive crop of individuals have recently joined the ranks of the federal appellate judiciary, and in the years ahead many of them may find their way onto my list of the ten best opinion writers serving on the U.S. Courts of Appeals. But so long as Judge Posner continues to issue decisions with his usual aplomb, there will remain a spot for him on this top-ten list.
Posted at 04:44 PM by Howard Bashman



"Marriage Equality Advocates Stall On Decision About Who Will Argue At Supreme Court": Chris Geidner of BuzzFeed has this report.
Posted at 04:00 PM by Howard Bashman


Listen to Theodore B. Olson v. Paul D. Clement in oral argument today at the Third Circuit: The U.S. Court of Appeals for the Third Circuit has posted the oral argument audio online at this link (29.1 MB mp3 audio file).

In early news coverage, The Record of Hackensack, New Jersey reports that "Three-judge panel hears appeal of N.J. sports betting."

And The Associated Press reports that "New Jersey, leagues renew court tussle over sports gambling."
Posted at 01:54 PM by Howard Bashman



"Attorney general candidate Lynch faces tough test in U.S. Senate": Reuters has a report that begins, "President Barack Obama's choice of Loretta Lynch to be the next top U.S. law enforcement official is ensnared in infighting over abortion and immigration policy and, if that can be overcome, a tight vote once her nomination arrives before the Senate."
Posted at 10:58 AM by Howard Bashman


"The trial has become Silicon Valley's version of Anita Hill's Senate testimony during Clarence Thomas's 1991 Supreme Court confirmation hearing." So writes Brad Stone of Bloomberg News in an article headlined "The Trial That Makes Silicon Valley Shudder: Ellen Pao's victory is nowhere near assured, but her case will echo in the tech industry for a long time."
Posted at 10:55 AM by Howard Bashman


"Court rights racial injustice against law pioneer after 125 years": Bob Egelko has this front page article in today's edition of The San Francisco Chronicle.

In today's edition of The San Jose Mercury News, Howard Mintz has a front page article headlined "Chinese immigrant denied California law license gets one 125 years late."

In today's edition of The Los Angeles Times, Maura Dolan has an article headlined "Chinese immigrant, denied law license in 1890, gets one posthumously."

Denny Walsh of The Sacramento Bee has an article headlined "125 years late, Chinese lawyer earns right to practice law in California."

The Guardian (UK) has an article headlined "First to the bar: Chinese immigrant granted posthumous law licence; A California court has overturned the decision to grant Hong Yen Chang the right to practice in the state 125 years after refusing him admission on grounds of race."

The Associated Press reports that "California court reverses century-old racist ruling."

Reuters reports that "California grants posthumous law license to nation's first Chinese-born lawyer."

Today's broadcast of NPR's "Morning Edition" contained an audio segment titled "California Bar Grants Admission To Chinese Immigrant 125 Years Later."

At the "At the Lectern" blog, David Ettinger has a post titled "Hong Yen Chang gets his law license, 125 years late, after Supreme Court acknowledges a 'grievous wrong.'"

And the University of California, Davis yesterday issued a news release titled "California Supreme Court grants UC Davis School of Law petition, admits Chinese lawyer posthumously."

You can access yesterday's unanimous, unsigned opinion of the Supreme Court of California at this link.
Posted at 10:52 AM by Howard Bashman



"Who will fight for gay marriage at SCOTUS?" Ariane de Vogue of CNN.com has this report.
Posted at 10:40 AM by Howard Bashman


"Constitution Check: Who will blink first on same-sex marriage in Alabama?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:36 AM by Howard Bashman


"First Amendment 'Giant' Floyd Abrams Calls Higher Education the Next Battleground over Free Speech in 2015 Adams Lecture": The Temple University Beasley School of Law issued this news release yesterday.

And today at the "Concurring Opinions" blog, Ronald K.L. Collins has a post titled "FAN 51.5 (First Amendment News) Floyd Abrams on 'the greatest threats to free speech in this country.'"
Posted at 10:30 AM by Howard Bashman



"Opponents of N.J. sports gambling to make case today": The Record of Hackensack, New Jersey has this report.
Posted at 10:05 AM by Howard Bashman


"Exclusive: Complete 911 Audio At Odds With New 'Self-Defense' Claim by U.S. Judge Mark Fuller's Attorney in 2014 Domestic Battery Incident." This post appeared yesterday at "The Brad Blog."
Posted at 10:03 AM by Howard Bashman


"Could Obama Bypass the Supreme Court?" Law professor William Baude has this op-ed in today's edition of The New York Times.
Posted at 09:58 AM by Howard Bashman


The Third Circuit also televises its oral arguments: In the hallway on the 19th floor of the James A. Byrne U.S. Courthouse in Philadelphia --the floor on which both of the Third Circuit's courtrooms are located -- live oral argument video is displayed on two flat panel monitors attached to the wall that divides the hallway from the main courtroom.
Posted at 08:10 AM by Howard Bashman


"NCAA heads to U.S. appeals court over athlete pay": Dan Levine of Reuters has this report.

Once the video of today's oral argument at the U.S. Court of Appeals for the Ninth Circuit becomes available, I will link to it.
Posted at 08:03 AM by Howard Bashman



Monday, March 16, 2015

"Clarence Thomas, the Eccentric": Law professor Cass R. Sunstein has this essay online today at Bloomberg View.
Posted at 11:40 PM by Howard Bashman


"'You Can't Handle The Ruth': Ruth Bader Ginsburg given funny T-shirt at Brooklyn court for Eastern District celebration." The New York Daily News has this report.

Online at Slate, Dahlia Lithwick has an essay titled "Justice LOLZ Grumpycat Notorious R.B.G.: How a gentle Supreme Court justice became a badass gangsta Internet meme."

And at the "Reliable Source" blog of The Washington Post, Emily Heil has an entry titled "Ruth Bader Ginsburg celebrates birthday in baller style, obviously."
Posted at 10:57 PM by Howard Bashman



"Clones on the Court: A Supreme Court that once included former senators and governors is populated today by judges with identical resumes; Here's why that's a mistake." Law professor Akhil Reed Amar will have this essay in the April 2015 issue of The Atlantic.
Posted at 10:54 PM by Howard Bashman


"Text-Bound Originalism (and Why Originalism Does Not Strictly Govern Same Sex Marriage)": Law professor Suja A. Thomas has posted this essay online at SSRN.
Posted at 10:10 PM by Howard Bashman


"Inmate asks high court to hear sex-change case": The Associated Press has a report that begins, "Lawyers for a transgender inmate convicted of murder asked the U.S. Supreme Court Monday to overturn a ruling denying her request for sex-reassignment surgery."
Posted at 10:05 PM by Howard Bashman


"Roy Moore's son charged with drug possession": Brian Lyman of The Montgomery Advertiser has this report.

Kelsey Stein of The Birmingham News reports that "Alabama Chief Justice Roy Moore's son arrested, charged with drug possession in Troy."

And The Associated Press reports that "Son of Alabama chief justice charged with drug possession."
Posted at 10:00 PM by Howard Bashman



"Ohio death-row inmates appeal lawsuit challenging new execution secrecy law": The Cleveland Plain Dealer has this report.
Posted at 07:44 PM by Howard Bashman


Theodore B. Olson v. Paul D. Clement coming to the U.S. Court of Appeals for the Third Circuit on Tuesday: The Associated Press previews the oral argument in a report headlined "Last shot? New Jersey back to court in sports betting fight."

Once the Third Circuit posts the oral argument online tomorrow, I will link to it.
Posted at 07:40 PM by Howard Bashman



"Pa. Superior Court Affirms $11M Topamax Ruling": Dan Packel of Law360.com has this report (subscription required for full access) on the victory my client's achieved today in the Pa. Superior Court. My earlier coverage of the ruling appears at this link.
Posted at 06:57 PM by Howard Bashman


"Feds deny foot-dragging in court fight over immigration": Josh Gerstein of Politico.com has a blog post that begins, "Lawyers for the Obama Administration are rejecting claims that the federal government has dawdled in its response to an injunction a federal judge issued last months against President Barack Obama's plan to make millions more illegal immigrants eligible for quasi-legal status and work permits."
Posted at 06:30 PM by Howard Bashman


From the Home Office in Wahoo, Nebraska: On Saturday, I had a post that mentioned "my list of the ten best opinion writers on the U.S. Courts of Appeals."

That post identified by name one of the judges on that list and unambiguously described another. Since then, a few readers have emailed to ask when I will reveal the other eight judges on my list.

At the risk of eliminating the suspense, longtime readers of this blog should already have quite a good idea of the judges on this list. Indeed, the competition for the final slot was quite intense, leading to several honorable mentions in the category of "writes a darn good dissent." In my experience, certain federal appellate judges take a more hands-on approach to writing dissents (or most any separate opinion, for that matter), and thus their own actual writing style may shine through in a dissent where it might often not in what might be a largely law clerk-written majority opinion.

For now, I will reveal a third name on my top-ten list, Tenth Circuit Judge Neil M. Gorsuch. The seven other judges on my list will be identified in due course, although I doubt that they will come as much of a surprise to this blog's most avid readers.

And, at an appropriate time (i.e., not quite yet), I may ask readers who wish to share their own lists of their ten most favorite currently serving federal appellate judicial authors to forward such lists via email to me for publication here.
Posted at 03:40 PM by Howard Bashman



"False Advertising Suit Against J&J Revived": Pamela A. MacLean has this post today at her "Trial Insider" blog.

My earlier coverage of last Friday's Ninth Circuit ruling can be accessed here.
Posted at 03:25 PM by Howard Bashman



"The free-market case for opposing the death penalty": Peter Weber has this essay online today at The Week.
Posted at 02:55 PM by Howard Bashman


"Human Trafficking Bill Stands in Way of Pick for Attorney General": Emmarie Huetteman has this article in today's edition of The New York Times.

The Washington Post has an article headlined "McConnell: No Loretta Lynch confirmation until vote on human trafficking bill."

And Reuters reports that "U.S. Senate leader says he will put Obama attorney general on hold."
Posted at 02:44 PM by Howard Bashman



"The Chief Justice Reads Law Reviews": Richard M. Re has this post today at "PrawfsBlawg."
Posted at 02:26 PM by Howard Bashman


You can now view online the video of the oral argument that I presented last Tuesday in the Supreme Court of Pennsylvania: Via this link. My argument begins approximately midway through the second video from March 10, 2015

I previously linked to coverage of the oral argument in posts that you can access here and here.
Posted at 02:03 PM by Howard Bashman



The Pa. Superior Court has affirmed an $11 million judgment in a prescription drug personal injury appeal that I argued on behalf of the plaintiffs-appellees in late October 2014: You can access today's ruling of a unanimous three-judge panel of the Superior Court of Pennsylvania in Gurley v. Janssen Pharmaceuticals, Inc. at this link.

My oral argument preview post contained a link to my clients' Brief for Plaintiffs-Appellees.
Posted at 01:54 PM by Howard Bashman



"Patent verdict favoring Enzo Biochem is reversed by US appeals court": Reuters has this news brief.

And Enzo Biochem Inc. has issued a news release titled "Enzo Biochem to Request Rehearing of Court of Appeals Decision."

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

Update: Susan Decker of Bloomberg News reports that "Enzo Plunges After $61 Million Applera Judgment Tossed."
Posted at 12:34 PM by Howard Bashman



"Net Neutrality Goes to Court: A Guide to the Internet's Legal Fate; The lawsuits against the FCC's Open Internet rules could arrive this week." Bloomberg News has this report.
Posted at 12:30 PM by Howard Bashman


"U.S. Judge Mark Fuller of Alabama may face ouster after domestic abuse claim": Timothy M. Phelps of The Los Angeles Times has this report today.
Posted at 09:40 AM by Howard Bashman


"Records reveal lack of protocol in Clayton Lockett's Oklahoma execution": In today's edition of The Tulsa World, Cary Aspinwall and Ziva Branstetter have this front page article.
Posted at 08:50 AM by Howard Bashman


"You Be the Judge: Why not, seems like everybody else is -- and strangling the election process." Today's edition of The Philadelphia Daily News contains an editorial that begins, "Electing judges has been a bad idea for a long time. Now, it is getting to be ridiculous."
Posted at 08:47 AM by Howard Bashman


"To block union power, school reformers try courts": Stephanie Simon of Politico.com has this report.
Posted at 08:44 AM by Howard Bashman


"A middle way to resolve the Obamacare case": Law professor Edward J. Larson has this essay online at The Los Angeles Times.
Posted at 08:40 AM by Howard Bashman


"Sharp partisan divide in high court's same-sex marriage case": Mark Sherman of The Associated Press has this report.
Posted at 08:36 AM by Howard Bashman


"Ga. Supreme Court clears last hurdle for Falcons stadium funding": The Atlanta Journal-Constitution has this news update reporting on a ruling that the Supreme Court of Georgia issued today.
Posted at 08:30 AM by Howard Bashman


Sunday, March 15, 2015

"Texas Almost Out of Execution Drug; Last remaining dose of pentobarbital, its drug of choice for lethal injections, is set to be used Wednesday": Ashby Jones 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 10:22 PM by Howard Bashman


"State Supreme Court should keep Doe hearings open": Columnist Ernst-Ulrich Franzen has this essay online at The Milwaukee Journal Sentinel.
Posted at 10:16 PM by Howard Bashman


"Supreme Court to rule on case similar to Nadon challenge": Sean Fine of The Toronto Globe and Mail has an article that begins, "The Conservative government is facing a rematch in the Supreme Court of Canada after the unprecedented rejection last year of a judge it wished to appoint to the country's highest court."
Posted at 09:50 PM by Howard Bashman


"The best memes celebrating Justice Ruth Bader Ginsburg's birthday": CNN.com has this report.
Posted at 09:40 PM by Howard Bashman


"New documents: McCaffery had role in referral fees." In today's edition of The Philadelphia Inquirer, Craig R. McCoy has this front page article. The newspaper also contains an editorial titled "Fees come with a cost."
Posted at 09:06 PM by Howard Bashman


Saturday, March 14, 2015

"Dividing 'Citizens United': The Case v. The Controversy." Law professor Laurence H. Tribe has posted this paper online at SSRN.
Posted at 11:40 PM by Howard Bashman


"Inquirer exclusive: How the perjury case against Kane was built." This front page article appeared in Friday's edition of The Philadelphia Inquirer.

And in Friday's edition of The Pittsburgh Tribune-Review, Brad Bumsted had an article headlined "Scenarios don't let Kane off hook, even if state high court tosses criminal case."
Posted at 11:32 PM by Howard Bashman



"Amicus: Throwing Away the Key; Has the Supreme Court turned its back on Guantanamo?" Slate has today posted online lucky episode 13 of its "Amicus" podcast featuring Dahlia Lithwick. This week's guests are law professors Stephen Vladeck and Jonathan Hafetz.
Posted at 11:25 PM by Howard Bashman


"Proposed amendment would let Pa. Legislature decide who's exempt": Friday's edition of The Pittsburgh Tribune-Review contained this article reporting on a proposed constitutional amendment that would overturn the outcome of a Pa. Supreme Court decision that I argued on behalf of the charitable organization, which lost the case by a vote of 4-to-3.
Posted at 10:20 PM by Howard Bashman


"Supreme Court candidates differ on campaign funding, recusal": Bill Lueders of the Wisconsin Center for Investigative Journalism recently had this essay.
Posted at 10:12 PM by Howard Bashman


"Case could set climate change precedent": Today's edition of The San Diego Union-Tribune contains a front page article that begins, "Two major lawsuits over how to address climate change while managing San Diego County's growth and development are poised to pave statewide precedents because of the California Supreme Court's decision this week to review one case and dismiss the other."
Posted at 09:58 PM by Howard Bashman


"California wins a round in epic tax fight with Nevada inventor": The Sacramento Bee has this report.
Posted at 09:55 PM by Howard Bashman


"Supreme Court case may devastate hospitals in 34 HealthCare.gov states": Tony Pugh of McClatchy Washington Bureau has this report.
Posted at 09:42 PM by Howard Bashman


"Behind Supreme Court's Obamacare Case, A Secretive Society's Hidden Hand; For more than 30 years, the Federalist Society has worked behind the scenes to shape Supreme Court outcomes to a conservative agenda; In King v. Burwell, its influence could eliminate health insurance subsidies for millions of people": Nina Martin of ProPublica recently had this report.
Posted at 09:40 PM by Howard Bashman


"Decision expected Monday in challenge to Falcons stadium deal": The Atlanta Journal-Constitution has a report that begins, "The Georgia Supreme Court will issue an opinion on Monday in a case that could upend Atlanta's plans to help finance the new $1.4 billion Falcons stadium, according to a court notice."
Posted at 09:20 PM by Howard Bashman


"Ruth Bader Ginsburg's Birthday: 10 Gifts to Get the 'Notorious' Supreme Court Justice." ABC News has this report.
Posted at 09:12 PM by Howard Bashman


"Is Obama Too Old for Supreme Court?" Online at Bloomberg View, Jonathan Bernstein has an essay that begins, "If Hillary Clinton wins the White House next year, should Barack Obama be her first Supreme Court pick?"

Of course, President William Howard Taft later became Chief Justice of the United States, in which capacity he rejected numerous challenges to his cherished Taftcare program.
Posted at 01:34 PM by Howard Bashman



"How a 1923 Supreme Court decision could help Mobile's probate judge in marriage case": Brendan Kirby of The Mobile Press-Register has an article that begins, "Buried within written legal arguments in a federal lawsuit, Mobile County's probate judge cites a 9-decade-old legal doctrine that would seem to give him cover for his actions in an adoption dispute revolving around same-sex marriage."

It's not every day that a major newspaper reports on the Rooker-Feldman doctrine.
Posted at 01:30 PM by Howard Bashman



"U.S. appeals ruling on size of BP oil spill": Reuters has this report.
Posted at 01:25 PM by Howard Bashman


"A unique Maryland marriage sits at center of Supreme Court case considering gay nuptials": Today's edition of The Baltimore Sun contains a front page article that begins, "When Jim Obergefell and partner John Arthur said 'I do' in a small medical jet on the tarmac at BWI Thurgood Marshall Airport in the summer of 2013, they knew it was a powerful turning point."
Posted at 01:23 PM by Howard Bashman


"Schuette announces same-sex marriage legal team": Todd Spangler of The Detroit Free Press has an article that begins, "Former Michigan Solicitor General John Bursch, who argued eight cases before the U.S. Supreme Court between 2011 and 2013, is being brought back as a special assistant attorney general to argue the state's defense of a same-sex marriage ban before the court next month."
Posted at 01:20 PM by Howard Bashman


"9th Circuit reinstates labeling suit over butter substitute Benecol": Reuters has this report, which notes that "a three-judge panel of the 9th U.S. Circuit Court of Appeals said the lower court had erred by finding that plaintiff Robert Reid's state-law claims were preempted by federal regulation of food labels, because the U.S. Food and Drug Administration had never authorized the labeling claims in question."

And Courthouse News Service reports that "Benecol Labeling Claims Revived by 9th Circuit."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:50 AM by Howard Bashman



"Prominent appeals court judge rips colleagues, immigration courts, backs Chicago cabbie": This article appeared earlier this month in The Chicago Sun-Times.

Yesterday, the U.S. Court of Appeals for the Seventh Circuit reissued its decision in the case because Circuit Judge Richard A. Posner has amended his scathing dissenting opinion.
Posted at 10:42 AM by Howard Bashman



"Flight attendant to get new trial on charge she left a false bomb threat on a plane at Logan": Boston's Universal Hub web site has a report that begins, "A federal appeals court ruled today a judge had used an incorrect definition of 'malice' in jury instructions and so ordered a new trial for Nancy Gray, an American Airlines flight attendant sentenced to 27 months in federal prison for leaving a note on a plane about to take off that there was a bomb on board."

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

In her majority opinion, Circuit Judge O. Rogeriee Thompson -- who in just five years has found a place on my list of the ten best opinion writers on the U.S. Courts of Appeals -- explains that the case presents the question "can malice's fifty shades of meaning include 'improper motive'?" It is worth noting that two of the judges on that top-ten list call Rhode Island home.
Posted at 10:33 AM by Howard Bashman



Friday, March 13, 2015

"Court: Man illegally taped encounter with naked prostitute." The Oshkosh Northwestern has an article that begins, "A state appeals court Wednesday upheld a man's felony conviction for secretly recording his sexual encounter with a prostitute at a Neenah hotel."

You can access Wednesday's ruling of the Court of Appeals of Wisconsin at this link.
Posted at 10:33 PM by Howard Bashman



"Revenge, Not Justice: Texas' brazen attempt to silence one of its most effective death penalty defense lawyers." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:08 PM by Howard Bashman


"Defense in Marathon Bombing Has Echo of Clarence Darrow": Katharine Q. Seelye will have this article in Saturday's edition of The New York Times.
Posted at 09:32 PM by Howard Bashman


"Scalia's Embarrassing Question: Innocence is not enough to get you out of prison." Lara Bazelon has this jurisprudence essay online at Slate.
Posted at 08:52 PM by Howard Bashman


"Loretta Lynch nomination a cliffhanger: She currently has the bare minimum number of votes to succeed Eric Holder." Seung Min Kim of Politico.com has this report.
Posted at 08:46 PM by Howard Bashman


"Grilling a Supreme Court Justice Is No Easy Task": Adam Liptak has this post today at the "First Draft" blog of The New York Times.

And online at The New Republic, Cristian Farias has an essay titled "Comment on Ferguson? Not My Job, Says Justice Stephen Breyer."
Posted at 06:22 PM by Howard Bashman



"Supreme Court arguments set in challenge to raisin-price regulation": Michael Doyle of McClatchy Washington Bureau has this report today.
Posted at 06:20 PM by Howard Bashman


"Justices Hear Debate on MCARE Limits on Ostensible Agency": Lizzy McLellan of The Legal Intelligencer has this report on the oral argument that I delivered on plaintiff's behalf Tuesday in the Supreme Court of Pennsylvania. You can freely access the full text of the article via Google.
Posted at 12:15 PM by Howard Bashman


"Court rebuffs Obama on immigration stay timing": Josh Gerstein of Politico.com has a blog post that begins, "A federal appeals court has turned aside the Obama Administration's proposal to accelerate its request for a stay of a lower judge's order blocking President Barack Obama's plan to give quasi-legal status and work permits to millions more illegal immigrants."
Posted at 10:28 AM by Howard Bashman


"Justice Sotomayor charms, instructs Davidson students": The Charlotte Observer has this report.

DavidsonNews.net.has a report headlined "For Sotomayor, diversity and empathy are the keys to justice."

And Davidson College has issued a news release titled "Campus Enjoys Inspiring and Insightful Conversation with Supreme Court Justice Sonia Sotomayor." You can access the video of Justice Sonia Sotomayor's question and answer session at the college via this link.
Posted at 08:12 AM by Howard Bashman



Thursday, March 12, 2015

"Gov. Brown appointees sway high court to rehear death penalty case": Maura Dolan of The Los Angeles Times has this report.

And Bob Egelko of The San Francisco Chronicle reports that "State high court to reconsider death sentence in Shasta slaying."
Posted at 10:52 PM by Howard Bashman



"Federal judge offers views on U.S. Supreme Court": The Naples Daily News has an article that begins, "Speaking about the role the U.S. Supreme Court plays in making changes in the country, 6th U.S. Circuit Court of Appeals Judge Jeffrey S. Sutton visited the Ave Maria School of Law in Naples on Thursday."
Posted at 10:46 PM by Howard Bashman


"U.S. court decision could force Golf Channel to return Ponzi scheme money": Reuters has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 10:38 PM by Howard Bashman


"Amish Bishop Sam Mullet appeals convictions and new sentence for beard-cutting attacks": The Cleveland Plain Dealer has this report.

And The Associated Press reports that "Amish sect leader to appeal new sentence for beard cutting."
Posted at 10:35 PM by Howard Bashman



"Supreme Court Justice Stephen Breyer with Noah Feldman": You can view the video of this evening's 92nd Street Y event via this link.
Posted at 10:10 PM by Howard Bashman


"Why Lawyers Object to Making Legal Briefs Briefer: Plan to shrink briefs to 12,500 words draws protests from attorneys, cheers from bleary eyed judges." Jacob Gershman will have this front page article in Friday's edition of The Wall Street Journal.
Posted at 10:02 PM by Howard Bashman


"Ex-RBS trader's plea highlights issue at 2nd Circuit: Can brokers lie?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 09:55 PM by Howard Bashman


"Obama administration asks appeals court to block judge's immigration order": Josh Gerstein of Politico.com has this report.
Posted at 05:56 PM by Howard Bashman


"Legal experts: Cruz's Canadian birth won't keep him out of the Oval Office." Robert Barnes of The Washington Post has this blog entry today.
Posted at 03:18 PM by Howard Bashman


"'The Originalist,' a New Play About Justice Antonin Scalia by John Strand": Adam Liptak has this article in today's edition of The New York Times.
Posted at 10:35 AM by Howard Bashman


"BP employees won't face charges of seaman's manslaughter, court rules": The New Orleans Advocate has this report.

The Associated Press has a report headlined "In BP oil disaster, appeals court says OK to drop 'seaman's manslaughter' charges."

And Reuters reports that "Court upholds dismissal of manslaughter charges against BP employees."

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



Wednesday, March 11, 2015

"Minnesota Supreme Court: Police don't need warrant to search garbage placed on curb." The Associated Press has this report on a 4-to-2 ruling that the Supreme Court of Minnesota issued today.
Posted at 11:48 PM by Howard Bashman


"Will 'Avoidance' Lead the Supreme Court to Uphold Obamacare? The fate of the Affordable Care Act may come down to one question: 'How doubtful is doubtful?'" Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 11:44 PM by Howard Bashman


"The Supreme Court: The path of least disruption." Today at the "Democracy in America" blog of The Economist, Steven Mazie has a post that begins, "How will the Supreme Court decide this term's two biggest cases? One slightly cynical prediction floating around forecasts a split decision: the justices will announce a constitutional right to gay marriage, a huge victory for liberals, while voting to upend the Affordable Care Act, a dream of conservatives."
Posted at 11:42 PM by Howard Bashman


"Telemed-abortion case argued before Iowa Supreme Court": The Des Moines Register has this report.
Posted at 11:38 PM by Howard Bashman


"Justice Marilyn S. Kite to retire this summer from the Wyoming Supreme Court": The Associated Press has a report that begins, "Justice Marilyn S. Kite, the first woman to serve on the Wyoming Supreme Court, is retiring this summer."
Posted at 11:35 PM by Howard Bashman


"Antonin Scalia helps D.C. actor Edward Gero prep for lead role at Arena Stage": The Washington Times has this report.
Posted at 11:33 PM by Howard Bashman


"Bradley says special interests influencing Supreme Court races": Bruce Vielmetti of The Milwaukee Journal Sentinel has this report.
Posted at 11:28 PM by Howard Bashman


"Supreme Court Justices to come to Brooklyn Federal Court to celebrate its 150th anniversary": The New York Daily News has this report.
Posted at 11:26 PM by Howard Bashman


"Alabama's Gay-Marriage Standoff Deserves a Ruling": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:43 PM by Howard Bashman


"Constitution Check: Is an old doctrine of separating government powers getting new life?" Lyle Denniston had this post yesterday at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:40 PM by Howard Bashman


Judicial Conference of the United States recommends five new federal appellate judgeships, all for the Ninth Circuit: The number of authorized active judges on the U.S. Court of Appeals for the Ninth Circuit could expand to 34 if Congress approves a recommendation that the federal judiciary's governing body intends to make. Additional information appears in the final three paragraphs of this news release issued yesterday.
Posted at 09:35 PM by Howard Bashman


"Second Circuit Issues Important Decision On Punitive Damages In Class Actions": Evan M. Tager has this post today at Mayer Brown LLP's "Guideposts" blog.
Posted at 03:55 PM by Howard Bashman


"Pa. high court hears arguments in leak case": Maria Panaritis and Craig R. McCoy of The Philadelphia Inquirer have a news update that begins, "The Pennsylvania Supreme Court vigorously debated Wednesday whether a probe into a leak from the attorney general's office was launched legally, with Chief Justice Thomas Saylor suggesting it had been."

Peter Hall of The Morning Call of Allentown, Pennsylvania has a news update headlined "Pa. Supreme Court hears arguments in Kane grand jury leak case."

And Charles Thompson of The Patriot-News of Harrisburg, Pennsylvania reports that "Kathleen Kane's appeal of special prosecutor appointment in leaks case ends; no decision today."
Posted at 03:20 PM by Howard Bashman



"Court rebuffs salvo on Hillary Clinton e-mails": Josh Gerstein of Politico.com has a blog post that begins, "One of the first legal moves in pursuit of messages from Hillary Clinton's personal e-mail account was rebuffed Wednesday by a federal appeals court."
Posted at 02:45 PM by Howard Bashman


"Doctor, Before You Save My Life, Can I See Your Hospital Contract?" Max Kennerly has this post today at his "Litigation & Trial" blog about the case that I argued on behalf of the plaintiff yesterday at the Pa. Supreme Court.
Posted at 02:44 PM by Howard Bashman


"Vegas 'black widow' murder case to get new US court review": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 08:47 AM by Howard Bashman


Seventh Circuit revives challenge to public nudity ordinance of Dix, Illinois: You can access yesterday's nude dancing-related ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 08:42 AM by Howard Bashman


"Solitary confinement doesn't violate death-row rights, appeals court says": The Washington Post has this report.

And The Daily Press of Newport News, Virginia has an article headlined "Virginia death-row inmates can be kept in solitary, court rules."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 08:34 AM by Howard Bashman



"Airlines lose challenge to TSA fee on passengers from abroad": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued yesterday.
Posted at 08:23 AM by Howard Bashman


Tuesday, March 10, 2015

"When All Nine Justices Agree": Law professor Cass R. Sunstein has this essay online today at Bloomberg View.
Posted at 11:44 PM by Howard Bashman


"Public notice not required for revising interpretive rules -- Supreme Court": Jeremy P. Jacobs of Greenwire has this report.

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Supreme Court's Big Mistake in a Small Case."
Posted at 11:42 PM by Howard Bashman



"Supreme Court Sides With Amtrak, With Some Distaste": 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 Amtrak is more like a public entity than a private firm."

Brent Kendall of The Wall Street Journal reports that "Supreme Court Leaves Amtrak Authority Unsettled; In another ruling Monday, the Court made it easier for mortgage-loan officers to seek overtime pay."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: Deciding -- without deciding finally."
Posted at 11:38 PM by Howard Bashman



"Quicken says already pays OT, so ruling has no impact": The Detroit Free Press has this report.
Posted at 11:30 PM by Howard Bashman


"Three States Would Be Hardest Hit If Supreme Court Upends Health-Law Subsidies; Florida, North Carolina and Texas have most consumers eligible for tax credit through federal website HealthCare.gov": Stephanie Armour will have this article in Wednesday's edition of The Wall Street Journal. You can freely access the full text of the article via Google.

And Andrew M. Duehren of The Harvard Crimson recently had an article headlined "Supreme Court Will Likely Uphold Affordable Care Act, Law Profs Say."
Posted at 11:24 PM by Howard Bashman



"Supreme Court to Review Florida's Capital Punishment System; Case asks whether state too easily allows juries to recommend the execution of criminals": Jess Bravin of The Wall Street Journal has this report.

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court to review Florida case of death penalty and intellectual disability."

Warren Richey of The Christian Science Monitor reports that "Supreme Court to hear case challenging Florida's capital punishment rules."

News Service of Florida reports that "Florida death-row case sparks U.S. Supreme Court review."

The Huffington Post reports that "Supreme Court To Review How Florida Doles Out The Death Penalty."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on jury role in death sentencing."
Posted at 11:14 PM by Howard Bashman



"State Supreme Court justices deny tipping HOA conspirator to FBI raids": The Las Vegas Review-Journal has this report.
Posted at 11:04 PM by Howard Bashman


"12 candidates file for Pa. Supreme Court seats": Amy Worden of The Philadelphia Inquirer has this report.

Peter Hall of The Morning Call of Allentown, Pennsylvania reports that "12 candidates file to run for state Supreme Court seats."

And The Associated Press reports that "3 openings on Pennsylvania Supreme Court attract 12 candidates as contests heat up."
Posted at 11:00 PM by Howard Bashman



"Elusive Justice in Wisconsin": Today's edition of The New York Times contains an editorial that begins, "If the toxic effects of outsize spending in judicial elections were not already evident, the fiasco playing out in the Wisconsin Supreme Court should erase any doubt."

And in related news coverage, last week Patrick Marley of The Milwaukee Journal Sentinel had an article headlined "State high court may hold John Doe arguments in secret."
Posted at 10:52 PM by Howard Bashman



"Attorneys struggle to keep up with Missouri's execution pace": Tony Rizzo of The Kansas City Star has this report.
Posted at 10:46 PM by Howard Bashman


"Gissendaner cites 'mortal fear' in asking court to stop execution": The Atlanta Journal-Constitution has this report.
Posted at 10:38 PM by Howard Bashman


"Obamacare's Latest Test: Partisan Hackery." Tom Tomorrow has this cartoon online at The Nation.
Posted at 10:33 PM by Howard Bashman


Access online the contents of the March 2015 issue of the Harvard Law Review: Via this link.
Posted at 10:30 PM by Howard Bashman


"Court: Executioner IDs not relevant, not releasable." Stacey Barchenger of The Tennessean has an article that begins, "Tennessee does not have to release the names of executioners, pharmacists or medical staff involved in executions, the state Supreme Court ruled on Tuesday."

And The Associated Press has a report headlined "Tennessee Supreme Court: State does not have to release names of execution team members."

Today's ruling of the Supreme Court of Tennessee consists of a majority opinion and an opinion concurring in the judgment.
Posted at 10:25 PM by Howard Bashman



"Utah to bring back firing squad if lethal injections unavailable": Reuters has this report.
Posted at 10:02 PM by Howard Bashman


"Kathleen Kane to appear before Pa. Supreme Court, but a resolution may be many months away": Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania has this report.

And in Monday's edition of The Philadelphia Inquirer, Craig R. McCoy and Angela Couloumbis had an article headlined "Pa. Supreme Court to take up Kane's challenge to special prosecutor."

The Supreme Court of Pennsylvania will hear oral argument in the case tomorrow.
Posted at 10:00 PM by Howard Bashman



"U.S. judge allows Ten Commandments to remain at Oklahoma Capitol": Reuters has this report.
Posted at 09:50 PM by Howard Bashman


"Restrepo nomination: the wait for a hearing goes on." Matthew Stiegler has this post today at his "CA3blog."
Posted at 09:44 PM by Howard Bashman


"Supreme Court revives Notre Dame's challenge to contraceptive policy": David G. Savage of The Los Angeles Times has this report.

And Nina Totenberg of NPR reports that "Supreme Court Sends Birth Control Case Back To Appeals Court."
Posted at 09:37 PM by Howard Bashman



"Judge Blocking Plan for Immigrants Is Known as Fair in Texas": Julia Preston will have this article in Wednesday's edition of The New York Times.
Posted at 09:27 PM by Howard Bashman


"Court to hear sabotage appeal of 85-year-old nun, activists": The Associated Press has this report on a case scheduled for oral argument tomorrow in the U.S. Court of Appeals for the Sixth Circuit.
Posted at 05:40 PM by Howard Bashman


"Apple asks U.S. appeals court to disqualify antitrust monitor": Nate Raymond of Reuters has this report.
Posted at 05:32 PM by Howard Bashman


"Can an Attorney Blame the Client for a Bad Appellate Brief?" This month's installment of my "Upon Further Review" column appears in today's edition of The Legal Intelligencer. You can freely access the full text via Google.
Posted at 05:28 PM by Howard Bashman


Monday, March 9, 2015

Programming note: On Tuesday morning, I will be delivering an oral argument to the Pa. Supreme Court in a case that I last mentioned on the day that Pennsylvania's highest court granted allowance of appeal. And tomorrow afternoon, I will be meeting with co-counsel in another pending appeal on which I am working.

Consequently, additional posts will appear here on Tuesday evening.

Update: The oral argument seemed to go very well. When the video becomes available online, I will link to it.
Posted at 11:24 PM by Howard Bashman



"Court rules church can't shield $60 million in abuse cases": Bruce Vielmetti and Annysa Johnson of The Milwaukee Journal Sentinel have this news update.

And The Associated Press has a report headlined "Court: Judge erred on Milwaukee archdiocese fund."

You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 10:12 PM by Howard Bashman



"Unanswered question in Blankenship seal ruling: Whom can judges gag?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 05:30 PM by Howard Bashman


"Shooting at Detroit home random, judge says": The Detroit News has this report.

And The Detroit Free Press has an article headlined "Wounded judge: 'I could see him pulling the trigger.'"
Posted at 02:55 PM by Howard Bashman



"Justices May Weigh Cases of Alabama Judges Overriding Juries": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:52 PM by Howard Bashman


"Charles Schwab must face U.S. lawsuit over bond index fund": Jonathan Stempel of Reuters has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:45 PM by Howard Bashman


The Elvis memorabilia has left the building: The U.S. Court of Appeals for the Eighth Circuit today issued an opinion that begins, "Before us once again is the controversy regarding the ownership of the collection of Elvis Presley memorabilia amassed by the late Sterling Gary Pepper, Jr."
Posted at 01:37 PM by Howard Bashman


"Ban on profane, rude, or indecent speech that disturbs houses of worship violates the First Amendment": At "The Volokh Conspiracy," Eugene Volokh has this post discussing a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 01:32 PM by Howard Bashman


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

1. Justice Sonia Sotomayor delivered the opinion of the Court in Perez v. Mortgage Bankers Assn., No. 13-1041. Justice Samuel A. Alito, Jr. issued an opinion concurring in part and concurring in the judgment. And Justices Antonin Scalia and Clarence Thomas each issued an opinion concurring in the judgment. You can access the oral argument via this link.

2. And Justice Anthony M. Kennedy delivered the opinion of the Court in Department of Transportation v. Association of American Railroads, No. 13-1080. Justice Alito issued a concurring opinion. And Justice Thomas issued an opinion concurring in the judgment. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "High court: Amtrak like gov't agency in helping set rules" and "Justices side with Labor Department in overtime pay dispute."
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 granted review in one case and called for the views of the Solicitor General in one case.

In early news coverage, The Associated Press reports that "Justices to review how Florida imposes death sentences"; "Justices order new look at Notre Dame birth control case"; "High court won't force release of Guantanamo detainee images"; "Justices won't block new trial in Iowa law school dispute"; and "Supreme Court declines to hear ex-Somali official's case."

Lawrence Hurley of Reuters reports that "Supreme Court revives Notre Dame's Obamacare contraception objections"; "U.S. top court rejects cases on Guantanamo detainee treatment"; and "U.S. top court refuses to shield former Somali official from suit."

And Greg Stohr of Bloomberg News reports that "Florida's Death Penalty Rules Get Supreme Court Review; The court agrees to hear an appeal from a man convicted of killing a coworker at a fast-food restaurant."
Posted at 09:32 AM by Howard Bashman



"The Supreme Court Advocacy Network": Ryan Whalen had this blog post on Saturday.
Posted at 08:06 AM by Howard Bashman


Sunday, March 8, 2015

"Some Supreme Court Justices Cite 2012 Argument Against Health Care Law as Defense for It Now": Robert Pear will have this article in Monday's edition of The New York Times.
Posted at 08:15 PM by Howard Bashman


"AP Analysis: 5 reasons why health overhaul drama plays on." The Associated Press has this report.
Posted at 10:06 AM by Howard Bashman


"Where justice goes to die: Alabama Supreme Court follows politics, not the law." AL.com columnist Kyle Whitmire has this essay online today.
Posted at 10:02 AM by Howard Bashman


Saturday, March 7, 2015

"13 years in prison for two marijuana joints? Bernard Noble supporters cry foul." The Times-Picayune of New Orleans has this report.
Posted at 11:08 PM by Howard Bashman


"Focus shifts to states ahead of Supreme Court ACA ruling": Holly Fletcher of The Tennessean has this report.
Posted at 11:05 PM by Howard Bashman


"Supreme Court justice and Mahoning native Judi French speaks to TCTC students": The Vindicator of Youngstown, Ohio has an article that begins, "The one Mahoning County native on the Ohio Supreme Court frequently goes by Judi, even though the state's highest court is steeped in formality and tradition."
Posted at 10:54 PM by Howard Bashman


"Convicted of murder at 16, Anthony Willis is hoping a Supreme Court decision will overturn his sentence": This article will appear in Sunday's edition of The Fayetteville (N.C.) Observer.
Posted at 10:50 PM by Howard Bashman


"Supreme Court to hear case of Baltimore officer convicted in towing scandal": The Baltimore Sun has this report.
Posted at 10:46 PM by Howard Bashman


"Enter, stage (far) right: new play about Justice Scalia in production at Arena." Nelson Pressley, theater critic for The Washington Post, has this report.
Posted at 10:05 PM by Howard Bashman


"Justice Kennedy gives hope to advocates of online sales tax": The Hill has this report today.
Posted at 10:02 PM by Howard Bashman


"When Rap Music is a Crime: Brandon Duncan didn't take part in an alleged gang shooting, but San Diego prosecutors want to put him behind bars, anyway." Karlanna Lewis has this essay online today at The Atlantic.
Posted at 09:34 PM by Howard Bashman


"Justices Kennedy, Roberts Hold Key Votes In Obamacare Case": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Weekend Edition Saturday."

In related commentary, today at "Balkinization," Rob Weiner has a guest blog post titled "Clarity."

And today at "The Volokh Conspiracy," Ilya Somin has a post titled "Federalism arguments in King v. Burwell."
Posted at 09:12 PM by Howard Bashman



"Sotomayor May Have Saved Obamacare: How she backed Kennedy and Roberts into a corner." Cristian Farias has this jurisprudence essay online at Slate.
Posted at 04:45 PM by Howard Bashman


"20-week abortion ban to become W.Va. law; Senate overrides Tomblin veto": This front page article appears in today's edition of The Saturday Gazette-Mail of Charleston, West Virginia.
Posted at 04:42 PM by Howard Bashman


"Same-sex marriage good for business, corporations tell court": Bob Egelko has this front page article in today's edition of The San Francisco Chronicle.
Posted at 03:36 PM by Howard Bashman


"FBI takes lead in shooting of federal judge": This front page article appears in today's edition of The Detroit News. The newspaper also contains an article headlined "Judge respected, well-liked." And a news update is headlined "Judge's surgery successful, uncertain if another needed."

And today's edition of The Detroit Free Press contains a front page article headlined "Family of judge who was shot: Don't hate Detroit."
Posted at 03:30 PM by Howard Bashman



"Lawyers Seek Reprieve for Killer Who Lost Part of His Brain Decades Earlier": Timothy Williams will have this article in Sunday's edition of The New York Times.
Posted at 03:08 PM by Howard Bashman


Friday, March 6, 2015

"Death penalty gains unlikely foes: Victims' families urge courts to strike down state law." This front page article appears in today's edition of The Orange County Register.
Posted at 09:30 PM by Howard Bashman


"Civil rights groups request statewide ruling on same-sex marriage in federal court": Casey Toner of The Mobile Press-Register has this report.

Brian Lyman of The Montgomery Advertiser reports that "Groups want statewide order on same-sex marriage in Ala."

And The Associated Press reports that "Groups ask judge to order gay-marriage licenses in Alabama."

You can access at this link the motion filed today in the U.S. District Court for the Southern District of Alabama.
Posted at 09:02 PM by Howard Bashman



"Obama Administration Supreme-Court Brief Backs Same-Sex Marriage; Constitution requires all states to recognize same-sex marriage": Jess Bravin of The Wall Street Journal has this report. You can freely access the full text of the article via Google.

Greg Stohr of Bloomberg News reports that "Obama Administration Asks Top Court to Legalize Gay Marriage."

Lawrence Hurley of Reuters reports that "Obama administration files brief in top court backing gay marriage."

Ryan J. Reilly of The Huffington Post reports that "Gay Marriage Bans Are Unconstitutional, DOJ Tells Supreme Court."

Kendall Breitman of Politico.com reports that "Democrats, President Obama administration call on Supreme Court to support same-sex marriage."

And at "SCOTUSblog," Lyle Denniston reports that "U.S. joins fight for same-sex marriage." You can view the federal government's amicus brief at this link.

Meanwhile, in related coverage, The Detroit Free Press reports that "Same-sex marriage briefs swamp Supreme Court."
Posted at 08:54 PM by Howard Bashman



"Rejecting 'Raging Bitch' beer label still hangs over liquor control commissioners": MLive.com has this report.

The Frederick (Md.) News-Post reports that "Appeals court revives Flying Dog lawsuit over beer label."

The Loudoun (Va.) Times-Mirror reports that "Brewery set for Loudoun wins free speech case in Michigan."

And Baltimore Magazine reports that "Flying Dog Wins Six-Year Raging Bitch Case; The United States Court of Appeals ruled that a liquor commissioner was violating the brewery's freedom of speech."

You can access yesterday's non-precedential ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 08:07 PM by Howard Bashman



"Letter From the Editor: Inequality at the Supreme Court." David Leonhardt has this post today at "The Upshot" blog of The New York Times.
Posted at 06:20 PM by Howard Bashman


"West Virginia overrides veto, bans abortions after 20 weeks": The Associated Press has this report.
Posted at 03:54 PM by Howard Bashman


"BP ends attempt to oust oil spill claims administrator": The Associated Press has this report.
Posted at 03:34 PM by Howard Bashman


The audio from this week's U.S. Supreme Court oral arguments is now available online: You can access it via this link.
Posted at 01:40 PM by Howard Bashman


"Alabama's Dangerous Defiance": Law professor Ronald J. Krotoszynski Jr. has this op-ed in today's edition of The New York Times.
Posted at 11:12 AM by Howard Bashman


"Health-Law Ruling Could Prompt Some States to Act; Justice Alito's suggestion of delayed impact would provide tight timetable for exchanges to be set up": Louise Radnofsky and Jess Bravin have this article in today's edition of The Wall Street Journal.
Posted at 10:58 AM by Howard Bashman


"As Supreme Court Weighs Health Law, G.O.P. Plans to Replace It": Jonathan Weisman will have this article in Saturday's edition of The New York Times.
Posted at 08:36 AM by Howard Bashman


"Suit Challenges Quote From British Jurist Posted In Rhode Island's High Court": Today at his "Religion Clause" blog, Howard Friedman has this post noting an article at GoLocalProv headlined "RI Supreme Court's Motto Taken from a Religious Persecutor."
Posted at 08:23 AM by Howard Bashman


"When the subject is Obamacare, never forget about Chief Justice Roberts": Robert Barnes of The Washington Post has this report.
Posted at 08:16 AM by Howard Bashman


"Torture: No One Said No." Law professor David Cole had this post yesterday at the blog of The New York Review of Books.
Posted at 08:12 AM by Howard Bashman


"Same-sex marriages in Nebraska on hold after circuit court stays ruling": The Omaha World-Herald has this report on an order that the U.S. Court of Appeals for the Eighth Circuit issued yesterday.
Posted at 08:06 AM by Howard Bashman


"Don't kill Obamacare: As the Supreme Court considers whether to gut Obamacare, evidence is mounting that the law is working." This article will appear in the March 7, 2015 issue of The Economist.
Posted at 08:04 AM by Howard Bashman


Thursday, March 5, 2015

"Companies Turn Tables on Human Rights Lawyers": Barry Meier will have this article in Friday's edition of The New York Times.
Posted at 09:42 PM by Howard Bashman


"Roy Moore: Two U.S. Supreme Court justices should abstain from gay marriage vote." Kent Faulk of The Birmingham News has an article that begins, "Alabama Supreme Court Chief Justice Roy Moore says two U.S. Supreme Court Justices should recuse themselves from an upcoming vote on gay marriage because they have performed the marriages of same-sex couples."
Posted at 09:40 PM by Howard Bashman


"With Eyes on His Vote in Health Subsidies Case, Roberts Lets on Little": Adam Liptak will have this article in Friday's edition of The New York Times.
Posted at 09:35 PM by Howard Bashman


April 1, 2015 is the new date for the Appellate Rules and Forms Public Hearing: April Fools' Day is quite fittingly the newly scheduled date for the public hearing on the FRAP briefing word limit reduction proposal. As I noted in this post last night, the hearing -- originally rescheduled for tomorrow -- was postponed due to today's snowstorm in Washington, DC.

Word has reached me that a major newspaper may be in the midst of researching and writing an article on the subject of the word limit reduction proposal. According to what I have heard, the article may even contain some humor.
Posted at 08:50 PM by Howard Bashman



"I Was Alabama's Top Judge. I'm Ashamed by What I Had to Do to Get There. How money is ruining America's courts." Sue Bell Cobb has this article in the March/April 2015 issue of Politico Magazine.
Posted at 08:36 PM by Howard Bashman


"An Obamacare Cliff-Hanger at the Supreme Court: Oral arguments before the Justices offer clarity on the legal issues, but the law's fate is less certain than ever." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 07:08 PM by Howard Bashman


"'An Exchange Established By the State'": This audio segment featuring Emily Bazelon appeared on today's broadcast of WNYC Radio's "The Brian Lehrer Show."
Posted at 07:04 PM by Howard Bashman


"Anticipating Nationwide Right to Same-Sex Marriage, States Weigh Religious Exemption Bills": Richard Fausset and Alan Blinder will have this article in Friday's edition of The New York Times.
Posted at 05:14 PM by Howard Bashman


"Where Credit Is Due": Linda Greenhouse has this essay online today at The New York Times.
Posted at 05:11 PM by Howard Bashman


"Red States Will Suffer: If the Supreme Court disrupts Obamacare, conservatives will harm citizens of their own states." Walter Dellinger has this jurisprudence essay online at Slate.
Posted at 05:09 PM by Howard Bashman


"Questions Linger About Plaintiffs' Legal Standing in Health-Law Case; Issue engaged several Supreme Court justices at the outset of each side's arguments": Louise Radnofsky of The Wall Street Journal has this report.
Posted at 03:54 PM by Howard Bashman


"Supreme Court weighs review of Army Corps' jurisdiction decisions": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:50 PM by Howard Bashman


"In Facebook case, Supreme Court must offer guide to defining threat": Jeffrey M. McCall had this op-ed in yesterday's edition of The Morning Call of Allentown, Pennsylvania.
Posted at 03:00 PM by Howard Bashman


"Lining Up in the Drizzle for a Coveted Supreme Court Spot": Emmarie Huetteman of The New York Times has this report.

A "Times Insider" piece by Adam Liptak is titled "The Supreme Court: A Full Hearing."

And C-SPAN has posted online a three-hour and eight-minute video under the heading "Activity and Reaction King v. Burwell Oral Argument."
Posted at 02:53 PM by Howard Bashman



"SCOTUSblog gets day pass for pivotal Supreme Court hearing": Erik Wemple had this blog entry online yesterday at The Washington Post.
Posted at 02:44 PM by Howard Bashman


"New play brings Supreme Court Justice Scalia to the stage": The Associated Press has this report.
Posted at 02:40 PM by Howard Bashman


"What's next for the Supreme Court: Same-sex marriage and the death penalty": Robert Barnes of The Washington Post has this report.
Posted at 01:40 PM by Howard Bashman


"Gay marriage case to reach Supreme Court April 28": Richard Wolf of USA Today has this report.

Brent Kendall of The Wall Street Journal reports that "Supreme Court to Hear Same-Sex Marriage Arguments on April 28; High court will consider whether gay couples have a constitutional right to marry nationwide."

The Associated Press reports that "Justices will hear gay marriage cases on April 28."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to release same-day audio for same-sex marriage cases."

In addition, the U.S. Supreme Court has announced that it will release same-day audio following the oral argument.
Posted at 11:32 AM by Howard Bashman



"Federal appeals court throws out Blankenship gag order": The Charleston (W. Va.) Gazette has this news update.

The Associated Press reports that "Appeals court tosses gag order in ex-coal company CEO's case."

And Josh Gerstein of Politico.com has a blog post titled "Appeals court voids gag order in coal executive's trial."

You can access today's unpublished order of the U.S. Court of Appeals for the Fourth Circuit at this link.

And the audio of Monday's Fourth Circuit oral argument in the case can be accessed via this link (40.6 MB mp3 audio file).
Posted at 11:07 AM by Howard Bashman



"Is the Government's Brief Fit for a King (v. Burwell)? Three Hits and Three Misses." Ross Guberman has this blog post today.
Posted at 10:32 AM by Howard Bashman


"Gun rights showdown: Sunnyvale restrictions upheld by appeals court." Howard Mintz of The San Jose Mercury News has this report.

Bob Egelko of The San Francisco Chronicle reports that "Court upholds Sunnyvale gun limits, similar to S.F.'s."

And Maura Dolan of The Los Angeles Times reports that "Sunnyvale can enforce gun ordinance, appeals court rules."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:12 AM by Howard Bashman



"2nd Circuit decertifies class claiming Nextel 'bribed' plaintiffs' lawyers": Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday.
Posted at 09:58 AM by Howard Bashman


"Chevron or Dole in King v Burwell?" Michael Dorf has this post today at "Dorf on Law."
Posted at 09:52 AM by Howard Bashman


"Justice Who Once Tried to Kill Obamacare Now Potential Savior": Greg Stohr of Bloomberg News today has an article that begins, "U.S. Supreme Court Justice Anthony Kennedy voted to strike down Obamacare three years ago. Now, he could be the law's savior." In addition, Paul Barrett has an essay titled "What is 'Constitutional Avoidance' and How Might It Rescue Obamacare? Justice Kennedy's obscure and surprising line of questioning could provide a way for health reform to survive."

At Politico.com, David Nather has an article headlined "Obamacare saved? Not so fast; One can read too much into Justice Kennedy's questions." And Jennifer Haberkorn has an article headlined "Obamacare at the Supreme Court: Round 2; A decision could cut off health insurance subsidies to more than 7 million."

Sahil Kapur of TPM DC reports today that "Kennedy Explores A Conservative Path To Allowing Obamacare Subsidies."

Online at Slate, Reihan Salam has an essay titled "Will Kennedy Save Obamacare? If he does, it will be in deference to a conservative principle that could reshape American jurisprudence and lawmaking." And Alec MacGillis has an essay titled "Circular Reasoning: Will the logic that gutted Obamacare in 2012 save it this time?"

Today's edition of The Wall Street Journal contains an editorial titled "Federalism and ObamaCare: Liberals discover state's rights in a Hail Mary to save the health law." You can freely access the full text of the op-ed via Google. And Scott Pruitt, Oklahoma's attorney general, has an op-ed titled "A State Reply to Justice Kennedy: We are not children who must be protected by the federal government from making choices." You can freely access the full text of the op-ed via Google.

At the "Plum Line" blog of The Washington Post, Greg Sargent has a post titled "A hint of good news for Obamacare, but don't get your hopes up too much." And at the "PostPartisan" blog, Stephen Stromberg has a post titled "Another contorted Obamacare ruling in the works."

Online at The New Republic, Brian Beutler has an essay titled "Anthony Kennedy Hinted at How to Save Obamacare -- But Will the Supreme Court Listen?"

At Bloomberg Politics, David Weigel has essays titled "The Libertarians Who Got SCOTUS and Congress to Consider the Unthinkable" and "The Lawyer Who Could Kill Obamacare Tells a Revealing Joke."

And at Bloomberg View, law professor Timothy Jost has an essay titled "Four Ways Obamacare Can Survive the Supremes," while law professor Noah Feldman has essays titled "The Heart of the Obamacare Case"; "Government Wants Obamacare Ruling Now"; and "Obamacare Is on Roberts's Shoulders, Again."
Posted at 09:22 AM by Howard Bashman



"Feds press judge to rule by Monday on immigration order stay": Josh Gerstein of Politico.com has this blog post today.

And Lyle Denniston has a post titled "New US plea for speed on immigration dispute," which provides a link to the federal government's latest filing.
Posted at 08:37 AM by Howard Bashman



Wednesday, March 4, 2015

"Did John Roberts Tip His Hand?" Jeffrey Toobin has this post online at The New Yorker.

And earlier today, Jeff Shesol had a post titled "The Supreme Court vs. Reality."
Posted at 11:14 PM by Howard Bashman



"Pennsylvania Supreme Court to take death penalty moratorium case; Philadelphia DA calls governor's actions lawless and unconstitutional": Paula Reed Ward has this article in today's edition of The Pittsburgh Post-Gazette.
Posted at 11:11 PM by Howard Bashman


"Judges wary of Apple's claims of phone patent harm by Samsung": Diane Bartz of Reuters has this report.

Susan Decker of Bloomberg News reports that "Apple urges court to force Samsung to remove phone features."

Law360.com reports that "Apple Pushes Fed. Circ. To Ban Samsung Phone Features" (subscription required for full access).

And earlier at "Patently-O," Daryl Lim previewed the oral argument in a post titled "Apple-Samsung Lawsuit Raises Important Questions about Scope of Injunctions."

You can access at this link (12.7 MB mp3 audio file) the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Federal Circuit.
Posted at 10:44 PM by Howard Bashman



Mother Nature once again puts the kibosh on FRAP briefing word limit reduction proposal hearing: The hearing, rescheduled for Friday, March 6, 2015 in Washington, DC, has apparently once again been postponed, this time due to a snowstorm expected to arrive in our nation's capital tomorrow.

In accordance with a natural law component of the Declaration of Independence, if weather were to force a third cancellation of the hearing, the FRAP briefing word limit reduction proposal would be rejected without further consideration under a little-known "three strikes" provision of the federal courts' rules amendment process.
Posted at 10:36 PM by Howard Bashman



"Applebee's not liable for N.J. man burned while praying over fajita skillet": NJ.com has this report on a non-precedential ruling that the Superior Court of New Jersey, Appellate Division, issued today.
Posted at 10:18 PM by Howard Bashman


"Federal judge orders deposition of Illinois justice in RICO suit": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 10:04 PM by Howard Bashman


"Validity of Alabama same-sex marriages in question after state supreme court ruling": Kent Faulk of The Birmingham News has this report. And Jeremy Gray of The Birmingham News reports that "Alabama probate judges again in middle of same-sex marriage debate."

Patrik Jonsson of The Christian Science Monitor has an article headlined "Alabama Supreme Court blocks gay marriage: What is state really fighting for?"

And Jay Reeves of The Associated Press reports that "A defiant Alabama regains ground against gay marriage."
Posted at 10:01 PM by Howard Bashman



"High Drama for Obamacare at the High Court: Scalia and Kagan are feisty; Kennedy gives hope to people who care about affordable care." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 09:28 PM by Howard Bashman


"At Marquette, Brett Kavanaugh talks separation of powers, Bush, Obama": Bill Glauber has this article in today's edition of The Milwaukee Journal Sentinel.

D.C. Circuit Judge Brett M. Kavanaugh delivered this year's E. Harold Hallows Lecture at Marquette University Law School. You can view the video of Judge Kavanaugh's remarks by clicking here. This annual lecture routinely attracts impressive speakers, as you can confirm by clicking here, here, and here.
Posted at 09:18 PM by Howard Bashman



"Supreme Court Appears Sharply Split in Case on Health Law": Adam Liptak will have this article in Thursday's edition of The New York Times. Tomorrow's newspaper will also contain an editorial titled "The Supreme Court and the Fate of American Health Care."

In Thursday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court justices split in key challenge to Obamacare subsidies." Jerry Markon has an article headlined "Both sides claim victory in latest challenge to the Affordable Care Act." And in commentary, Dana Milbank has an essay titled "The Supreme Court cannot hide on Obamacare." Ruth Marcus has an essay titled "Will Anthony Kennedy save the day for the Obama administration?" And Charles Lane has an essay titled "Obamacare's rescuer?"

David G. Savage and Noam N. Levey of The Los Angeles Times report that "Supreme Court appears split in challenge to Affordable Care Act." In addition, today's edition of the newspaper contains an editorial titled "Obamacare challengers' ridiculous claims head to the Supreme Court."

Jess Bravin and Brent Kendall of The Wall Street Journal have an article headlined "Justices Divided at Health-Law Argument; Liberals grill plaintiffs, conservatives tough on government in case concerning Affordable Care Act subsidies; focus turns to Justice Anthony Kennedy, Chief Justice John Roberts."

Richard Wolf of USA Today has an article headlined "First Take: Roberts, Kennedy hold the key to Obamacare."

Michael Doyle of McClatchy Washington Bureau has an article headlined "To nobody's surprise, Supreme Court seems split on health care law."

Warren Richey of The Christian Science Monitor reports that "Supreme Court sharply split over major challenge to Obamacare." And Mark Trumbull has an article headlined "How a ruling against Obamacare could leave both political parties in a bind."

Tom Howell Jr. of The Washington Times reports that "Obamacare on life support as Supreme Court splits on law's fate."

Mark Sherman of The Associated Press reports that "Justices sharply divided over health care law subsidies." And Connie Cass has an article headlined "Health care at the high court: 5 ways this time is different."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court split over Obamacare challenge." Joan Biskupic has an article headlined "Roberts, Obamacare's savior in 2012, seems inscrutable this time." And Caroline Humer and Bill Berkrot report that "U.S. hospitals optimistic they'll dodge bullet with Obamacare ruling."

Greg Stohr and David McLaughlin of Bloomberg News report that "Obamacare Challenge Questioned by Pivotal High Court Justice."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Justices Roberts And Kennedy The Key Votes In Health Law Case." And John Ydstie had an audio segment titled "A Ruling Against Obamacare Would Have Broad Implications."

This evening's broadcast of the PBS NewsHour containde a segment titled "Health care of 8 million on the line as Supreme Court hears ACA case" featuring Marcia Coyle.

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: Setting up the private debate on the ACA." And Mark Walsh has a post titled "A view from the Courtroom: Today's oral argument."
Posted at 08:20 PM by Howard Bashman



"Q&A: In Alabama, state court vs. federal courts. Who wins?" The Associated Press has this report.
Posted at 06:07 PM by Howard Bashman


"Florida drops appeals in welfare drug testing case": The Associated Press has a report that begins, "Florida Gov. Rick Scott will not seek U.S. Supreme Court review of a law that would have required applicants for welfare benefits to submit to mandatory drug testing."
Posted at 06:04 PM by Howard Bashman


"The Embattled First Amendment: The Supreme Court is interpreting free speech in new ways that threaten our democracy." Lincoln Caplan has this cover story in the Spring 2015 issue of The American Scholar.
Posted at 01:45 PM by Howard Bashman


The oral argument transcript in King v. Burwell, No. 14-114, is now available online: The U.S. Supreme Court has posted the transcript at this link.
Posted at 01:23 PM by Howard Bashman


"Boston Marathon bombing trial begins": Milton J. Valencia, Patricia Wen, Kevin Cullen, John R. Ellement, and Martin Finucane of The Boston Globe have this news update. The newspaper is providing live coverage of the trial via this link.

And The Boston Herald reports that "Marathon bombing trial puts global spotlight on Boston." The newspaper's live coverage can be accessed via this link.
Posted at 10:30 AM by Howard Bashman



"Even The Algorithms Think Obamacare's Survival Is A Tossup": Oliver Roeder has this post today at "FiveThirtyEight."
Posted at 10:22 AM by Howard Bashman


In Bashman news from Australia: The Rockhampton Morning Bulletin reports today that "Iron bar used to bash man found with head injuries in Rocky."
Posted at 10:18 AM by Howard Bashman


Access today's ruling of the U.S. Supreme Court in an argued case: Justice Antonin Scalia delivered the opinion of the Court in Alabama Dept. of Revenue v. CSX Transp., Inc., No. 13-553. Justice Clarence Thomas issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined. You can access the oral argument via this link.
Posted at 10:04 AM by Howard Bashman


"Obamacare case began when conservative lawyer saw possible flaw in law": David G. Savage has this article in today's edition of The Los Angeles Times.

Sheryl Gay Stolberg of The New York Times has an article headlined "A Supreme Court Rematch for a Lawyer Targeting the Health Care Act."

Mark Sherman of The Associated Press reports that "High court takes up major fight over health law subsidies."

Greg Stohr of Bloomberg News reports that "Obamacare Subsidies for Millions Hang on Court's View of 'State.'"

And on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment titled "Round 2: Health Care Law Faces The Supreme Court Again."
Posted at 08:40 AM by Howard Bashman



Tuesday, March 3, 2015

"States ask judge not to lift stay in immigration lawsuit": The Associated Press has this report.

And Lyle Denniston has a blog post titled "States want immigration policy kept on hold."

You can access at this link the states' answer opposition to the federal government's motion seeking a stay pending appeal.
Posted at 11:20 PM by Howard Bashman



"Upholding Internet Sales Tax Law, a Justice Invites a New Case": Adam Liptak will have this article in Wednesday's edition of The New York Times.

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court wades into dispute over online retailers and state taxes."

The Denver Post reports that "Supreme Court kicks Colorado online tax case to federal court."

And The Seattle Times reports that "Supreme Court justice's view could open revisitation of Web sales tax "
Posted at 11:16 PM by Howard Bashman



"Pennsylvania Supreme Court to review legality of Gov. Wolf's death penalty moratorium": The Associated Press has this report.
Posted at 11:07 PM by Howard Bashman


"King v. Burwell: my prediction." Law professor Eric Posner has a post today at his blog that begins, "Okay, I'll say it. I predict that the plaintiffs will win by a vote of 5 to 4."
Posted at 10:54 PM by Howard Bashman


"Ga. postpones executions so execution drugs can be analyzed": The Atlanta Journal-Constitution has this report, along with an article headlined "Why we know so little about Georgia's execution protocol."

And in Wednesday's edition of The New York Times, Alan Blinder will have an article headlined "Georgia Postpones 2 Executions, Citing 'Cloudy' Drug."
Posted at 09:44 PM by Howard Bashman



"Eight Men and 10 Women Are Selected as Jurors in Boston Marathon Trial": Katharine Q. Seelye will have this article in Wednesday's edition of The New York Times.

And Reuters reports that "All-white jury will hear Boston Marathon bombing trial." Earlier, on Sunday, Reuters had an article headlined "Life and death at the heart of Boston bombing trial."
Posted at 09:08 PM by Howard Bashman



"Have the practical effects of a plaintiffs' victory in King been exaggerated? (And does it matter?)" Jonathan H. Adler has this post today at "The Volokh Conspiracy."

And today at "Dorf on Law," Eric Segall has a post titled "Text All The Way Down: Why the Government Should Prevail in King v. Burwell."
Posted at 08:55 PM by Howard Bashman



"Stark contrast: The 2 attorneys arguing the Obamacare case; Michael Carvin will argue for plaintiffs and Solicitor General Donald Verrilli Jr. will speak for the government." Sarah Wheaton of Politico.com has this report.

And to think, it feels like only yesterday that I was in The Heritage Foundation's green room with them both.
Posted at 08:47 PM by Howard Bashman



"In Health Law Case, Plaintiffs Dislike Rules on Purchases and Penalties": In Wednesday's edition of The New York Times, Robert Pear will have an article that begins, "People sometimes wonder why David M. King would fight health insurance subsidies all the way to the Supreme Court, which is scheduled to hear his case on Wednesday. Even his sister is puzzled."

Also in Wednesday's newspaper, Michael D. Shear will have an article headlined "White House Plans No Rescue If Court Guts Health Care Law."
Posted at 08:36 PM by Howard Bashman



"Alabama Supreme Court orders halt to same-sex marriages": Kyle Whitmire of AL.com has this report.

The Montgomery Advertiser has a news update headlined "Ala. Supreme Court halts same-sex marriages."

The Associated Press reports that "Alabama Supreme Court halts same-sex marriage."

And at "SCOTUSblog," Lyle Denniston has a post titled "Criticizing Justices, state court bars same-sex marriages."

You can access today's ruling of the Supreme Court of Alabama at this link.
Posted at 08:17 PM by Howard Bashman



"Two sides gearing up for another Supreme Court battle over health care": Robert Barnes of The Washington Post has this report.

Jess Bravin of The Wall Street Journal has an article headlined "To Kill a Health-Care Law: Attorney Michael Carvin, arguing against Affordable Care Act, says he is inspired by Atticus Finch." You can freely access the full text of the article via Google.

Stephanie Armour of The Wall Street Journal has an article headlined "What the Supreme Court Challenge Means for the Health-Care Law; Arguments to begin Wednesday in case that could invalidate health-insurance subsidies in up to 37 states." You can freely access the full text of the article via Google.

Noam N. Levey of The Los Angeles Times has an article headlined "If Supreme Court rules against Obamacare, states have few options."

Lawrence Hurley of Reuters reports that "Supreme Court set to hear second major Obamacare challenge."

The Hill reports that "As ObamaCare case nears, calls for cameras in high court grow."

And online at Slate, Jamelle Bouie has an essay titled "The GOP's Sick Maneuvers: If the Supreme Court throws Obamacare into chaos, Republicans are content to just watch it fail."
Posted at 02:03 PM by Howard Bashman



"Supreme Court allows challenge to Colorado Internet tax law": Sam Hananel of The Associated Press has this report.

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Amazon's Short-Lived Win at Supreme Court."
Posted at 01:46 PM by Howard Bashman



"Jury selected in Tsarnaev trial": Patricia Wen and Milton J. Valencia of The Boston Globe have this news update.

Laurel J. Sweet of The Boston Herald reports that "Jury chosen in Tsarnaev Marathon bombing trial."

And The Associated Press reports that "Jury seated in trial of Boston Marathon bombing suspect."
Posted at 01:33 PM by Howard Bashman



"Obamacare case: All eyes on 2 justices; The keys to the case are expected to be John Roberts and Anthony Kennedy." Jennifer Haberkorn and Josh Gerstein of Politico.com have this report.
Posted at 01:09 PM by Howard Bashman


"How the Supreme Court Case Could Affect the Health Law; High Court to interpret meaning of subsidy language in latest Affordable Care Act case": Brent Kendall has this article in today's edition of The Wall Street Journal.
Posted at 12:22 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 Direct Marketing Assn. v. Brohl, No. 13-1032. Justice Anthony M. Kennedy issued a concurring opinion. And Justice Ruth Bader Ginsburg issued a concurring opinion, in which Justice Stephen G. Breyer joined in full and Justice Sonia Sotomayor joined in part. You can access the oral argument via this link.
Posted at 10:10 AM by Howard Bashman


"Court Skeptical of Arizona Plan for Less-Partisan Congressional Redistricting": Adam Liptak has this article in today's edition of The New York Times.

Robert Barnes of The Washington Post reports that "Supreme Court questions Arizona redistricting commission."

David G. Savage of The Los Angeles Times reports that "Supreme Court skeptical of citizen panels that redraw congressional districts."

Richard Wolf of USA Today reports that "Court may stop commissions from drawing Congress' lines."

Brent Kendall of The Wall Street Journal reports that "Supreme Court Skeptical of Arizona Initiative on Congressional Districting; Majority of justices expressed concern that approach violated Constitution's elections clause."

Michael Doyle of McClatchy Washington Bureau reports that "State redistricting is under scrutiny at Supreme Court."

Warren Richey of The Christian Science Monitor reports that "Supreme Court throws doubt on one state's bid to end gerrymandering."

The Arizona Republic reports that "Supreme Court tough on both sides in Arizona redistricting case."

Mark Sherman of The Associated Press reports that "Justices seem skeptical of independent electoral map boards."

Lawrence Hurley of Reuters reports that "U.S. justices raise doubts about Arizona redistricting commission."

Scott Bland of National Journal reports that "Supreme Court Weighs Overturning Dozens of Congressional Districts; The fate of a favorite anti-gerrymandering tool sat before the high court Monday, and the panel's conservative justices seemed wholly unimpressed."

On yesterday evening's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment titled "Supreme Court Seems Divided Over Independent Redistricting Commissions."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: Literalism vs. the power of the people."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Arizona State Legislature v. Arizona Independent Redistricting Comm'n, No. 13-1314.
Posted at 08:06 AM by Howard Bashman



Monday, March 2, 2015

"Court to consider preservation of judge's racist emails": The Associated Press has a report that begins, "Civil rights attorneys and lawyers for the judiciary are due in federal court Tuesday for arguments over whether hundreds of racist emails from Montana's former Chief U.S. District Judge should be preserved as potential evidence in future lawsuits."
Posted at 11:28 PM by Howard Bashman


"Exchanges No One Can Use? We rely on courts to interpret laws impartially; When it comes to Obamacare, they don't always oblige." Law professor Eric Posner has this essay online today at Slate.

And online at Reuters, Steven Brill has an essay titled "The Supreme Court hears an Obamacare fairytale."
Posted at 11:23 PM by Howard Bashman



"Area 51 worker sees hope in Supreme Court ruling": The Las Vegas Review-Journal has this report.
Posted at 11:20 PM by Howard Bashman


"The health care case: Fear and loathing at the Supreme Court." Tony Pugh of McClatchy Washington Bureau has an article headlined "The health care case: Fear and loathing at the Supreme Court."

And Tom Howell Jr. of The Washington Times has an article headlined "Administration prepares for court showdown over Obamacare subsidies; Argues law, negative outcomes if offsets reversed."
Posted at 11:06 PM by Howard Bashman



"Hello, Justices? It's Reality Calling; In King v. Burwell, the Plaintiffs Misread Obamacare." Law professor Nicholas Bagley has this op-ed in today's edition of The New York Times.
Posted at 10:48 PM by Howard Bashman


"Exclusive: Obama defends lack of 'Plan B' for Obamacare court case." Reuters has this report.
Posted at 10:42 PM by Howard Bashman


"An immigrant student invited a Supreme Court justice to dinner. She took him up on it." Emily Heil has this post today at the "Reliable Source" blog of The Washington Post.
Posted at 10:40 PM by Howard Bashman


"Elena Kagan, Sonia Sotomayor adopt Supreme Court's videophobia": This editorial will appear in Tuesday's edition of The Boston Globe.
Posted at 10:00 PM by Howard Bashman


"Lawyer Put Health Act in Peril by Pointing Out 4 Little Words": Adam Liptak will have this article in Tuesday's edition of The New York Times.
Posted at 09:58 PM by Howard Bashman


"Lawyer for media fights gag order in mine disaster case": The Associated Press has this report on a case argued today at the U.S. Court of Appeals for the Fourth Circuit.

Someday soon, the oral argument audio should be available online via this link.
Posted at 09:53 PM by Howard Bashman



"U.S. Supreme Court hears Cleveland case on teachers' child abuse reporting duties": The Cleveland Plain Dealer has this report.

Sam Hananel of The Associated Press reports that "High court weighs limits on child abuse evidence."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: It was all about a child at risk."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Ohio v. Clark, No. 13-1352.
Posted at 09:48 PM by Howard Bashman



"War court judge orders Pentagon to replace USS Cole trial overseer": Carol Rosenberg of The Miami Herald has this report.

And The Associated Press reports that "Military judge orders overseer of Gitmo cases replaced."
Posted at 09:40 PM by Howard Bashman



"Attica Guards Resign in Deal To Avoid Jail": The New York Times has this news update. Earlier, Tom Robbins had a lengthy article on the front page of yesterday's edition of The New York Times and online at The Marshall Project headlined "A Brutal Beating Wakes Attica's Ghosts; A Prison, Infamous for Bloodshed, Faces a Reckoning as Guards Go on Trial."

The Buffalo News has an article headlined "Tears of gratitude by ex-inmate after plea deal in beating; 3 ex-Attica guards barred from prisons."

And The Associated Press reports that "3 Attica guards plead guilty as assault trial about to begin."
Posted at 09:34 PM by Howard Bashman



"High court nixes quick release of health care argument audio": The Associated Press has this report.
Posted at 09:25 PM by Howard Bashman


Today's daytime blogging lull was brought to you by: Two appellate court filings that I had due today.

One was an answer in opposition to an application for reargument that the opposing party filed in an appeal in which my client recently prevailed.

And the other was a petition for allowance of appeal filed in the Pa. Supreme Court in a case that I started working on after the Pa. Superior Court overturned a trial court's judgment entered on a jury's verdict in my client's favor. A copy of the Pa. Superior Court's decision is attached as the first exhibit to the petition.
Posted at 06:20 PM by Howard Bashman



"King v. Burwell Pre-Mortem: The Spending Clause Question." Michael Dorf has this post today at his blog, "Dorf on Law."
Posted at 06:02 PM by Howard Bashman


"Activist litigation and statutory text: We've seen this one before." Jonathan H. Adler had this post yesterday at "The Volokh Conspiracy."
Posted at 05:40 PM by Howard Bashman


"Standing the Test in Health Care Challenge": Kenneth Jost had this post yesterday at his blog, "Jost On Justice."
Posted at 05:22 PM by Howard Bashman


Redacted v. Redacted: The Supreme Court of Pennsylvania issued this order (with attachments) today.
Posted at 05:07 PM by Howard Bashman


"Fix the Court airs TV ad ahead of Obamacare hearing": Fix the Court issued this news release today, which provides access to the video of the organization's new television spot.
Posted at 04:56 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.
Posted at 09:32 AM by Howard Bashman


Sunday, March 1, 2015

"Argument preview: Now, the third leg of the health-care stool." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 10:55 PM by Howard Bashman


"State's same-sex marriage dispute now a clash of courts, experts say": Today's edition of The Arkansas Democrat-Gazette contains a front page article that begins, "As a federal judge considers whether to lift a stay on her ruling outlawing Arkansas' bans on same-sex marriage, creating the potential for a second round of same-sex marriages until the issue is decided nationally, the Arkansas Supreme Court still hasn't ruled on an appeal of a similar state-court ruling."
Posted at 08:36 PM by Howard Bashman


"As Supreme Court Weighs Subsidies, Health-Law Opponents Face Hurdle; States backing Affordable Care Act and some legal scholars say principle that justices embraced in 2012 undermines case against insurance tax credits": Brent Kendall and Jess Bravin 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.

The Charlotte Observer reports that "Fate of 500,000 in NC hangs on ACA court case; U.S. Supreme Court to hear challenge to federal health insurance exchange."

In Monday's edition of The Washington Post, Republican U.S. Senators Orrin Hatch, Lamar Alexander, and John Barrasso will have an op-ed titled "We have a plan for fixing health care."

And Monday's edition of USA Today will contain an editorial titled "If Obamacare plaintiffs win, millions lose." In addition, presenting a contrary view, Sam Kazman will have an op-ed titled "Obamacare rule harms millions."
Posted at 08:17 PM by Howard Bashman



"Why six words might hold the fate of Obamacare before the Supreme Court": This article will appear in Monday's edition of The Washington Post.

And today's edition of The New York Times contains an item headlined "How an Adverse Supreme Court Ruling Would Send Obamacare Into a Tailspin."
Posted at 07:38 PM by Howard Bashman



"Are the Justices 'Perfectly Entitled' to Discuss Wisdom of Law 'In Lectures' and 'Law Review Articles'?" Josh Blackman has this post today at his blog.
Posted at 07:30 PM by Howard Bashman


"Hard Cases": Jeffrey Toobin will have this Comment in the Talk of the Town section of the March 9, 2015 issue of The New Yorker.
Posted at 07:18 PM by Howard Bashman


"Major Supreme Court challenge threatens to gut Obamacare": Warren Richey of The Christian Science Monitor has this report.

And Chris Casteel of The Oklahoman has an article headlined "Health insurance for nearly 100,000 Oklahomans hinges on Supreme Court case."
Posted at 07:15 PM by Howard Bashman



"Health insurance uncertainty ahead for those with ACA plans": Holly Fletcher of The Tennessean has this report.
Posted at 03:44 PM by Howard Bashman


"Is Supreme Court's chief justice ready to take down ObamaCare?" The Hill has this report today.
Posted at 02:48 PM by Howard Bashman


"Supreme Court ruling could affect congressional districts in California": David G. Savage of The Los Angeles Times has this report.

The Arizona Republic has articles headlined "Arizona's U.S. House districts could be tossed in Supreme Court case" and "Supreme expense account: Travel tab is on taxpayers."

And Lyle Denniston of "SCOTUSblog" has a post titled "Argument preview: Who, exactly, is 'the legislature'?"
Posted at 02:45 PM by Howard Bashman



"Play Depicts Scalia As Supreme Court's 'Originalist'": This audio segment appeared on today's broadcast of NPR's "Weekend Edition Sunday."
Posted at 01:14 PM by Howard Bashman


"The Notorious Ruth Bader Ginsburg Brings Harsh SCOTUS Zingers to SNL": Andrew Kirell of Mediaite has this report.
Posted at 08:54 AM by Howard Bashman


"In Affordable Care Act case, context is key": Columnist Ruth Marcus has this essay online at The Washington Post.
Posted at 08:44 AM by Howard Bashman


"High court case threatens independent electoral map drawers": Mark Sherman of The Associated Press has this report.

And at Politico.com, Todd S. Purdum has an article headlined "California's redistricting success in jeopardy? A Supreme Court case challenges independent panels that set legislative boundaries."
Posted at 08:40 AM by Howard Bashman







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