How Appealing

Thursday, April 30, 2015

"It is unfortunately commonplace that an issue on appeal is waived because it is not adequately developed in a party's brief. This, however, is a (fortunately rare) case in which no pertinent issue is adequately developed." So writes the U.S. Court of Appeals for the Tenth Circuit in a ruling issued today.
Posted at 11:48 PM by Howard Bashman


"Why the Supreme Court should strike down Obamacare subsidies: A president can't change the interpretation of laws when he doesn't get his desired result." Edwin Meese III and J. Kenneth Blackwell have this essay online at USA Today.
Posted at 11:44 PM by Howard Bashman


"Key Expert in Supreme Court Lethal Injection Case Did His Research on Drugs.com; How the Supreme Court case over lethal injection shows it's becoming nearly impossible to find experts to defend the practice": Annie Waldman of ProPublica has this report.
Posted at 11:42 PM by Howard Bashman


"The 8 most awkward moments in the Supreme Court's gay-marriage arguments: From ancient Greek sex to 'plural marriage' to 12-year-old child brides, things got a little weird on Tuesday." Josh Gerstein of Politico.com has this report.
Posted at 11:38 PM by Howard Bashman


"State high court quickly ousts Shirley Abrahamson as chief justice": Patrick Marley of The Milwaukee Journal Sentinel has this report.
Posted at 11:24 PM by Howard Bashman


"A Horrifying Day at Court: Death brings out the worst in the justices." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 11:22 PM by Howard Bashman


"Texas religious objection bill follows Supreme Court hearing": The Associated Press has a report that begins, "The national debate over religious objection laws roiled again Thursday in Texas after Republican lawmakers abruptly pushed a new proposal on the heels of the U.S. Supreme Court hearing historic arguments over gay marriage."
Posted at 05:58 PM by Howard Bashman


"Santa Monica's ban on park Nativity displays upheld": Maura Dolan of The Los Angeles Times has this news update.

My earlier coverage of today's Ninth Circuit ruling appears at this link.
Posted at 05:52 PM by Howard Bashman



"War court judge denies USS Cole defense lawyers full 'Torture Report'": Carol Rosenberg of The Miami Herald has this report.
Posted at 05:50 PM by Howard Bashman


"Cleveland's 'jock tax' is unconstitutional, Ohio Supreme Court rules": The Cleveland Plain Dealer has this news update, along with a related article headlined "Cleveland now owes tax refunds to other visiting pro athletes, players' attorney says."

The Associated Press reports that "Cleveland jock tax on out-of-town athletes unconstitutional."

And Court News Ohio has reports headlined "Cleveland Method of Taxing Pro Athletes Unconstitutional" and "Cleveland Cannot Tax Injured Colts Player."

You can access today's rulings of the Supreme Court of Ohio in these two related cases here and here.
Posted at 05:48 PM by Howard Bashman



"From Supreme Court, a mixed blessing on campaign finance limits": Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this op-ed online at The Los Angeles Times.
Posted at 05:33 PM by Howard Bashman


"Is John Roberts Drifting Left?" Brianne J. Gorod has this essay online today at The New Republic.
Posted at 04:23 PM by Howard Bashman


Ninth Circuit affirms dismissal of lawsuit seeking to return nativity scene to Palisades Park in Santa Monica each December: 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 01:32 PM by Howard Bashman


"Texas considers more abortion limits after clinic closures": The Associated Press has this report.
Posted at 01:02 PM by Howard Bashman


"GOP divided as Supreme Court ruling on health care law nears": The Associated Press has this report.
Posted at 10:56 AM by Howard Bashman


"The Dangers of a Constitutional 'Right to Dignity': It may provide support for same-sex marriage, but it also empowers judges to decide whose 'dignity' they wish to prioritize." Jeffrey Rosen has this essay online at The Atlantic.

At the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Constitution Check: Is it too soon for same-sex marriage?"

And at Justia.com's Verdict, law professor Marci A. Hamilton has an essay titled "Constitutional Curiosities at the Supreme Court in the Same-Sex Marriage Cases."
Posted at 10:46 AM by Howard Bashman



"Justices Split In Aggressive Arguments Over Oklahoma Execution Drug": Chris Geidner of BuzzFeed News has this report.

In today's edition of The Arizona Republic, Michael Kiefer has a front page article headlined "Supreme Court hears arguments on lethal-injection drug."

Online at Politico Magazine, Raymond Bonner has an article headlined "Capital Punishment Is Bad For Business: To stop executions, death penalty abolitionists have threatened companies' bottom lines."

In today's edition of The New York Times, Matt Apuzzo has a front page article headlined "Obama Administration Steps Back From Effort to End Federal Death Penalty."

At the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Constitution Check: What is the Supreme Court's role under the Eighth Amendment?"

And online at The Marshall Project, Andrew Cohen has a post titled "A Death Penalty Case, or Just Bullying? High Court's conservatives bridle at 'guerilla' tactics of 'abolitionist' movement."
Posted at 10:44 AM by Howard Bashman



"Ruling: Judicial Candidates Can't Personally Solicit Campaign Funds." Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 10:30 AM by Howard Bashman


"Home Stretch at the Supreme Court: Reviewing the Term's decisions and the blockbusters to come." At 10 a.m. eastern time today, the Constitutional Accountability Center is presenting this event, which you can view live, online via the foregoing link.

Amy Howe of "SCOTUSblog" is moderating the panel, which will consist of Paul M. Smith, Yaakov Roth, and Elizabeth B. Wydra.

I will be watching with interest, as on Tuesday of next week I will be serving as moderator of a panel titled "Reporting on the Courts" at the Fifth Circuit Judicial Conference in New Orleans. The aforementioned Amy Howe, along with David G. Savage of The Los Angeles Times and Charles Lane of The Washington Post, will be on that panel.
Posted at 09:07 AM by Howard Bashman



"The Here and Now of Same-Sex Marriage": Amy Davidson has this post online at The New Yorker.

And at the "PostEverything" blog of The Washington Post, law professors David Fontana and Donald Braman have an entry titled "John Roberts says people want the 'democratic process' to decide gay marriage; He's wrong; People don't mind if the court decides our major constitutional issues."
Posted at 08:55 AM by Howard Bashman



"High court: States may ban judicial candidates from personal fundraising." Robert Barnes of The Washington Post has this report.

Richard Wolf of USA Today has an article headlined "Supreme Court: 'Judges are not politicians' when it comes to fundraising."

Brent Kendall and Jess Bravin of The Wall Street Journal report that "Supreme Court Upholds Fundraising Restriction on Judicial Elections; Justices say judges aren't politicians, reject free-speech argument."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court endorses Florida ban on judges seeking campaign cash."

And The Tampa Tribune reports that "Supreme Court upholds campaign cash limits in Hillsborough case."
Posted at 08:52 AM by Howard Bashman



"Supreme Court justices hotly debate the use of a lethal injection drug": Robert Barnes and Mark Berman have this article in today's edition of The Washington Post.

Jess Bravin of The Wall Street Journal reports that "Lethal-Injection Case Exposes Deep Top-Court Fissures on Death Penalty; Justices consider whether Oklahoma's administration of lethal drugs is unconstitutional."

Chris Casteel of The Oklahoman reports that "U.S. Supreme Court sharply divided in Oklahoma lethal injection case; In arguments Wednesday, liberal justices question whether Oklahoma is using a sedative that allows condemned inmates to feel pain from other drugs; Court conservatives accuse death penalty opponents of waging a guerrilla war."

Lawrence Hurley of Reuters reports that "Lethal injection case exposes U.S. top court's death penalty divide."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: Impatience with death-penalty resistance."
Posted at 08:42 AM by Howard Bashman



Wednesday, April 29, 2015

"Conservative justices not swayed by arguments against death penalty drug": David G. Savage of The Los Angeles Times has this report.

Richard Wolf of USA Today reports that "Supreme Court's conservative justices defend lethal injections."

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court justices ask: Is being burned alive constitutional?"

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "It's Sotomayor V. Roberts In Supreme Court Death Penalty Drama."
Posted at 11:15 PM by Howard Bashman



"Federal appeals panel stiff-arms government appeal of retrial order in Danziger Bridge shooting case": The New Orleans Advocate has this report.

My earlier post about today's Fifth Circuit oral argument, which includes a link to the oral argument audio, can be accessed here.
Posted at 11:07 PM by Howard Bashman



"Court refuses to reinstate lawsuit by Va. veteran detained after threat to 'sever heads'": The Associated Press has a report that begins, "A federal appeals court has refused to reinstate a lawsuit by a former Marine who was involuntarily held for psychiatric evaluation for posting threatening anti-government messages on Facebook."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 10:56 PM by Howard Bashman



"Ho-Chunk can offer video poker at Madison casino, appeals court rules": The Wisconsin State Journal has a news update that begins, "Overturning a lower court ruling from last year, a federal appeals court on Wednesday said the Ho-Chunk Nation can offer video poker at its Madison casino because federal law doesn't allow Wisconsin to bar that game if it hasn't criminalized it for everyone in the state."

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



"On Same-Sex Marriage, It's Too Late to 'Wait-and-See' at the Supreme Court": Linda Greenhouse has this essay online today at The New York Times.
Posted at 10:07 PM by Howard Bashman


"Roberts Plays Politics by Denying Judges Are Political": Online at Bloomberg View, law professor Noah Feldman has this essay today.
Posted at 10:03 PM by Howard Bashman


"Scalia's Joke Was Just a Joke": Online at Bloomberg View, law professor Noah Feldman has this essay responding to a post Jeffrey Toobin had online yesterday at The New Yorker titled "Justice Scalia's Shameful Joke."
Posted at 09:54 PM by Howard Bashman


"Supreme Court Hearing on Same-Sex Marriage Poses Logistical Challenge": Jill Agostino has this post today at the "Times Insider" blog of The New York Times.
Posted at 09:38 PM by Howard Bashman


"Judge Heyburn, Ky gay marriage judge, dies": The Courier-Journal of Louisville, Kentucky has this news update.
Posted at 09:20 PM by Howard Bashman


"8th Circuit Court of Appeals defers gay marriage cases": The Associated Press has this report.

The U.S. Court of Appeals for the Eighth CIrcuit has posted online at this link the orders cancelling the oral arguments, which had been scheduled for May 12, 2015.
Posted at 05:45 PM by Howard Bashman



The lawsuits of Madison County: The Associated Press has a report headlined "Illinois county does booming business in asbestos lawsuits."
Posted at 03:11 PM by Howard Bashman


In the May 2015 issue of ABA Journal magazine: Mark Walsh has an article headlined "Dental board ruling may drill into state bar associations' immunity."

And this month's installment of Bryan A. Garner's "On Words" column is titled "First impressions endure, even in brief writing."
Posted at 03:06 PM by Howard Bashman



"Supreme Court Upholds Limit on Judicial Fund-Raising": Adam Liptak of The New York Times has this news update.

David G. Savage of The Los Angeles Times has a news update headlined "States can ban elected judges from asking for campaign money, Supreme Court says."

Greg Stohr of Bloomberg News reports that "Supreme Court Upholds Judicial Campaign Solicitation Ban."

Lawrence Hurley of Reuters reports that "U.S. top court rejects judicial candidate's free speech challenge."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: A modest restraint on campaign fund-raising."
Posted at 02:04 PM by Howard Bashman



"Supreme Court Backs Companies in EEOC Job-Bias Clash": Greg Stohr of Bloomberg News has this report.
Posted at 01:58 PM by Howard Bashman


"Ted Cruz: Anti-Gay Marriage Crusader? Not Always; The Texas senator passed up the chance to argue in a pivotal gay-rights case." Heidi Przybyla of Bloomberg News has this report.
Posted at 01:56 PM by Howard Bashman


"Supreme Court Hears Oklahoma Inmates' Lethal Injection Case": Erik Eckholm of The New York Times has this news update.

Mark Berman and Robert Barnes of The Washington Post have a news update headlined "Supreme Court hearing about lethal injection procedures turns into heated debate."

And David McLaughlin and Greg Stohr of Bloomberg News report that "Drug Tied to Botched Executions Divides U.S. Supreme Court."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Glossip v. Gross, No. 14-7955.
Posted at 01:50 PM by Howard Bashman



"Appealing new trial in Danziger Bridge shootings, government has rough outing": Andy Grimm of The Times-Picayune of New Orleans has a news update that begins, "Justice Department lawyers appealing an adverse ruling in the Danziger Bridge police shootings after Hurricane Katrina faced a skeptical panel of appeals court judges Wednesday, struggling to make the case for reinstating the convictions of five police officers accused in the 2005 shootings of unarmed civilians."

And The Associated Press has a report headlined "Stern questions in post-Katrina bridge shootings case."

You can access via this link (76.9 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 Fifth Circuit.
Posted at 01:44 PM by Howard Bashman



"In anti-terrorism lawsuits, verdicts are just the first battle": Dan Levine of Reuters has this report.
Posted at 01:28 PM by Howard Bashman


"Tension between gay, religious rights plays out at top U.S. court": Joan Biskupic of Reuters has this report.
Posted at 01:23 PM by Howard Bashman


"Supreme Court debates challenge to execution drug": Mark Sherman of The Associated Press has this report.

And Lawrence Hurley of Reuters reports that "U.S. top court sharply divided on Oklahoma execution drug."
Posted at 01:15 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 Elena Kagan delivered the opinion for a unanimous Court in Mach Mining, LLC v. EEOC, No. 13-1019. You can access the oral argument via this link.

2. And Chief Justice John G. Roberts delivered the opinion of the Court (except as to Part II of his opinion) in Williams-Yulee v. Florida Bar. No. 13-1499. Justice Stephen G. Breyer issued a concurring opinion. Justice Ruth Bader Ginsburg issued an opinion concurring in part and concurring in the judgment, which Justice Breyer joined in part. Justice Antonin Scalia issued a dissenting opinion, in which Justice Clarence Thomas joined. And Justices Anthony M. Kennedy and Samuel A. Alito, Jr. also issued dissenting opinions. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Justices uphold limits on judges' appeals for campaign cash" and "Court: Judges can review gov't efforts to settle job bias."
Posted at 10:04 AM by Howard Bashman



"Gender Bias Issue Could Tip Chief Justice Roberts Into Ruling for Gay Marriage": Adam Liptak will have this article in Thursday's edition of The New York Times. In addition, in today's newspaper, Peter Baker has a news analysis headlined "'Millennia' of Marriage Being Between Man and Woman Weigh on Justices."

And Josh Gerstein of Politico.com has an article headlined "Same-sex marriage: Justices look ahead; Some questions in Tuesday's arguments seemed to be setting up future debates."
Posted at 09:32 AM by Howard Bashman



"After Botched Executions, Supreme Court Weighs Lethal Drug Cocktail": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 09:14 AM by Howard Bashman


Tuesday, April 28, 2015

"U.S. judge overturns 'anguish' law passed after Abu-Jamal speech": Ben Finley of The Philadelphia Inquirer has a news update that begins, "Writing that Pennsylvania's General Assembly 'fell woefully short of the mark,' a federal judge on Tuesday struck down a state law that allowed violent-crime victims to sue offenders over speech that causes 'mental anguish.'"

Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has an article headlined "Pa.'s Mumia Abu Jamal-inspired 'revictimization' law is 'manifestly unconstitutional,' U.S. judge rules."

And The Associated Press reports that "Judge tosses 'mental anguish' law aimed at Mumia Abu-Jamal."

I have posted online the opinion and the order that the U.S. District Court for the Middle District of Pennsylvania issued today.
Posted at 11:40 PM by Howard Bashman



"Judge: Why Didn't Lawmakers Address Voter ID Concerns?" The Texas Tribune has this report.

And Courthouse News Service reports that "5th Circuit Hears Texas Voter ID Law Dispute."

You can access via this link (51.4 MB mp3 audio file) the audio from today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.
Posted at 11:23 PM by Howard Bashman



Seventh Circuit affirms entry of summary judgment against Palatine, Illinois parking ticket privacy class action suit: Circuit Judge Richard A. Posner issued this opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

As noted in this earlier post, Judge Posner issued a dissent from the en banc Seventh Circuit's reinstatement of this lawsuit in August 2012, and the other Seventh Circuit judge who joined in today's ruling also dissented from the en banc court's earlier ruling.
Posted at 11:04 PM by Howard Bashman



"DC Circ. Grounds Emirates Pilot's No-Fly List Claims": Law360.com has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 10:30 PM by Howard Bashman


"Federal appeals court tosses Kentucky's ban on electioneering near polling places": The Lexington Herald-Leader has this report.

The Cincinnati Enquirer has an article headlined "Appeals court: KY electioneering law unconstitutional."

And The Associated Press reports that "Federal appeals court upholds ruling that struck down Kentucky's electioneering law."

You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 10:25 PM by Howard Bashman



"Justices rattle both sides on same-sex marriage; In oral arguments, the Supreme Court gives advocates and foes plenty of conflicting signals": Josh Gerstein of Politico.com has this report.

Meanwhile, in commentary, online at The Atlantic, law professor Garrett Epps has an essay titled "Loving v. Marriage: Opponents of same-sex unions try to convince the Supreme Court that the state has no interest in 'love and commitment.'"

And online at Bloomberg View, law professor Noah Feldman has an essay titled "What Justices Are Really Saying About Gay Marriage."
Posted at 10:18 PM by Howard Bashman



"Chief Justice Roberts and a crafty 'solution' to the gay marriage issue": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the umpire" blog.

And online at The New York Times, law professor Joseph Landau had a pre-argument essay titled "Why Chief Justice John Roberts Might Support Gay Marriage."
Posted at 10:12 PM by Howard Bashman



"High court protester has history of disrupting public events": The Associated Press has this report.
Posted at 09:50 PM by Howard Bashman


"Feds may ask Supreme Court to reinstate Bonds' conviction": The Associated Press has this report.

Update: The Ninth Circuit has posted online at this link the federal government's motion to stay the mandate filed today.
Posted at 09:46 PM by Howard Bashman



"Who Owns Pre-Embryos?" Madeleine Schwartz has this post online today at The New Yorker.
Posted at 09:28 PM by Howard Bashman


"Pivotal justice asks tough questions on gay marriage": David Shepardson, Melissa Nann Burke, and Oralandar Brand Williams of The Detroit News have this report.

Jack Torry of The Columbus (Ohio) Dispatch reports that "Justices show deep divide over same-sex marriage case."

Amber Hunt of The Cincinnati Enquirer has an article headlined "Obergefell: Husband would've 'hated' SCOTUS scene; But Arthur still would have been proud of him for being there."

The Cleveland Plain Dealer reports that "U.S. Supreme Court Justices grill lawyers on same-sex marriage."

The Tennessean reports that "Supreme Court gay marriage case gives participant 'goosebumps.'"

The Louisville Courier-Journal reports that "Gay marriage backers get day in high court."

And The Lexington Herald-Leader reports that "Key Supreme Court justice doesn't tip his hand during historic same-sex marriage arguments."
Posted at 08:30 PM by Howard Bashman



"History in the balance as divided Supreme Court weighs gay marriage": Michael Doyle of McClatchy Washington Bureau has this report.

Cheryl Wetzstein of The Washington Times reports that "Supreme Court asks why it should redefine marriage to include gays."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Justices Deeply Divided Over Same-Sex Marriage Arguments."

This evening's broadcast of the PBS NewsHour contained a video segment titled "Supreme Court considers whether it's time for nationwide same-sex marriage" featuring Marcia Coyle.

At "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: Justice Kennedy, hesitant but leaning." And Mark Walsh has a post titled "A view from the Courtroom, Same-Sex Marriage Edition."

And online at Slate, Dahlia Lithwick has a Supreme Court dispatch titled "An Argument for Dignity: Justice Anthony Kennedy seems to see a nobility of purpose in gay marriage."
Posted at 08:09 PM by Howard Bashman



"While the Oxford Dictionary may include within its definition of 'lawyer' one who studies the law, a lawyer's professional or occupational role in society transcends his prior studies in law school." The definition of a "lawyer" is a question that the Supreme Court of Pennsylvania addressed today in a majority opinion and a dissenting opinion in an election law case.

Today's opinions provide the explanations promised back on May 5, 2014, when Pennsylvania's highest court issued a per curiam order and a dissenting statement disposing of the matter under the time pressures then applicable.

At the time of the court's original ruling, The Express-Times of Easton, Pennsylvania covered the decision in an article headlined "Pa. state Rep. Justin Simmons' challenger removed from ballot."
Posted at 04:40 PM by Howard Bashman



"US Supreme Court to consider challenge to execution drug": The Associated Press has this report.
Posted at 04:20 PM by Howard Bashman


"Texas asks appeals court to uphold voter photo ID law": The Associated Press has this report.
Posted at 03:00 PM by Howard Bashman


"Judicial Assistants or Junior Judges: The Hiring, Utilization, and Influence of Law Clerks." In case you missed it (as I did till now), the fall 2014 issue of the Marquette Law Review contains numerous essays and other pieces pertaining to this symposium. In addition, videos from the symposium, which occurred in April 2014, can be accessed here and here.
Posted at 01:50 PM by Howard Bashman


"America's must-see TV: Put the Supreme Court on camera so the people can watch their justice system at work." This editorial appears in today's edition of The New York Daily News.
Posted at 01:44 PM by Howard Bashman


"Lining Up, Early, for Same-Sex Marriage Arguments at Supreme Court": Emmarie Huetteman of The New York Times has this report.

Timothy M. Phelps of The Los Angeles Times has an article headlined "On steps of Supreme Court, passionate views on gay marriage face off."

Paul Singer and Marisol Bello of USA Today report that "Lawyers, activists, students gather for history at Supreme Court."

And The Washington Times reports that "Colorful crowds gather as Supreme Court weighs gay marriage; Supporters, opponents out in numbers to make their pitch."
Posted at 01:40 PM by Howard Bashman



"Supreme Court shows split in hearing on historic in gay-marriage cases": Robert Barnes and Fred Barbash of The Washington Post have this news update.

David G. Savage and Timothy M. Phelps of The Los Angeles Times have a news update headlined "On divided court, Kennedy does not tip his hand on gay marriage case."

Richard Wolf and Brad Heath of USA Today report that "Justices appear cautious, divided on same-sex marriage."

Laura Meckler, Brent Kendall, and Jess Bravin of The Wall Street Journal have a news update headlined "Justices Appear Divided, Cautious on Gay Marriage; Supreme Court weighs extending right to same-sex marriage to entire U.S." You can freely access the full text of the article via Google.

Todd Spangler of The Detroit Free Press and Maureen Groppe of The Indianapolis Star report that "Supreme Court questions show same-sex marriage split."

Greg Stohr of Bloomberg News reports that "Kennedy Sends Mixed Signals as Supreme Court Debates Gay Marriage."

And Ariane de Vogue of CNN.com reports that "Supreme Court justices skeptical of redefining marriage."
Posted at 01:16 PM by Howard Bashman



Access online the audio from today's U.S. Supreme Court oral argument in Obergefell v. Hodges, No. 14-556 (question two): At this link.
Posted at 01:14 PM by Howard Bashman


"Divided U.S. Supreme Court wrestles with gay marriage case": Lawrence Hurley of Reuters has this updated report.
Posted at 12:23 PM by Howard Bashman


Access online the audio from today's U.S. Supreme Court oral argument in Obergefell v. Hodges, No. 14-556 (question one): At this link.
Posted at 12:18 PM by Howard Bashman


"Marriage Equality Arguments First Reaction: Ginsburg Strikes, Kennedy Wavers." Mark Joseph Stern has this post online at Slate.
Posted at 12:15 PM by Howard Bashman


"Gay Marriage Arguments Divide Supreme Court Justices": Adam Liptak of The New York Times has this news update.
Posted at 12:10 PM by Howard Bashman


"Ahead of landmark case, tension at SCOTUS": Amber Hunt of The Cincinnati Enquirer has this report, along with an article headlined "Here's how lawyers prep for SCOTUS hearing."

The Knoxville News Sentinel reports that "Same-sex marriage gets day in Supreme Court; Knoxville couple among plaintiffs."

And columnist Brian Dickerson of The Detroit Free Press has an essay titled "Couple forged unlikely path to high court center stage."
Posted at 12:04 PM by Howard Bashman



"Supreme Court hears historic same-sex marriage arguments": Mark Sherman of The Associated Press has an updated report that begins, "Pivotal Supreme Court Justice Anthony Kennedy asked skeptical questions of both sides Tuesday as the high court heard historic arguments over the right of gay and lesbian couples to marry."
Posted at 12:00 PM by Howard Bashman


"Federal Appeals Court to Scrutinize Voter ID Law": Jim Malewitz of The Texas Tribune has a report that begins, "Texas' voter ID law faces a fresh round of legal scrutiny in New Orleans on Tuesday, the next step in a long-winding case that may be headed for the U.S. Supreme Court."

I will link to the audio of this oral argument, which has just concluded, before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit once it becomes available online.
Posted at 11:57 AM by Howard Bashman



"Skeptical Supreme Court justices hear gay marriage case": Lawrence Hurley of Reuters has this report.
Posted at 11:24 AM by Howard Bashman


"What's at Stake in the Supreme Court's Gay-Marriage Case": Adam Liptak of The New York Times and Emily Bazelon of The New York Times Magazine had this pre-argument discussion.
Posted at 11:20 AM by Howard Bashman


"Supreme Court justices voice doubts about changing traditional marriage": David G. Savage and Timothy M. Phelps of The Los Angeles Times have this news update.
Posted at 11:15 AM by Howard Bashman


"Supreme Court hears historic same-sex marriage arguments": Mark Sherman of The Associated Press has an updated report that begins, "Supreme Court Justice Anthony Kennedy is asking skeptical questions as the court hears arguments over the right of gay and lesbian couples to marry."
Posted at 11:10 AM by Howard Bashman


"In New Gay Marriage Case, An Old Dissent Could Loom Large": Jess Bravin has this post today at WSJ.com's "Law Blog."
Posted at 11:02 AM by Howard Bashman


"Gay marriage friends, foes spar outside U.S. Supreme Court": Reuters has this report.

And at this blog's Twitter feed, I am linking to much of the instant coverage of this morning's U.S. Supreme Court oral arguments.
Posted at 10:52 AM by Howard Bashman



"How Legal Blogging Has Changed Over the Decade": Robert Ambrogi had this post last Friday at his "Law Sites" blog.
Posted at 10:46 AM by Howard Bashman


"Women shut out of Idaho judge selection; Idaho senators have interviewed only men": Today's edition of The Spokesman-Review of Spokane, Washington contains a front page article that begins, "It seems that women need not apply to the federal district court bench in Idaho." According to the article, "Idaho is the only state in the federal 9th Circuit that has never had a woman judge on the U.S. District Court bench."
Posted at 10:32 AM by Howard Bashman


"Obamacare shock looms: Court ruling could devastate small biz." Kimberly Atkins of The Boston Herald has this report.
Posted at 08:57 AM by Howard Bashman


"Tsarnaev's defense team cites sway of mother, brother; Radical religion said to permeate family setting": Patricia Wen and Milton J. Valencia have this article in today's edition of The Boston Globe.

In today's edition of The New York Times, Katharine Q. Seelye has an article headlined "Tsarnaev's Lawyers Focus on Chaotic Upbringing in Case Against Death Penalty."

Eric Levenson of Boston.com has an article headlined "Defense: Supermax Prison Is Miserable, So Send Dzhokhar Tsarnaev There."

Laurel J. Sweet of The Boston Herald has an article headlined "Tamerlan Tsarnaev's mother-in-law: Islam became an 'obsession.'" And columnist Peter Gelzinis has an essay titled "Only way to erase Dzhokhar is to let him live: Supermax means silence."

Reuters reports that "Boston bomber's lawyers to probe Tsarnaev's troubled history."

The Christian Science Monitor has an article headlined "Tsarnaev defense: spare him the death penalty, put him in supermax prison."

On today's broadcast of NPR's "All Things Considered," Tovia Smith had an audio segment titled "Defense Team Urges Jury To Send Boston Bomber To Prison For Life."

And online at Slate, Seth Stevenson has a post titled "A Smorgasbord of Excuses: The defense tries a little of everything to save Dzhokhar Tsarnaev from the death penalty."
Posted at 08:52 AM by Howard Bashman



"Legal Battle Over Gay Marriage Hits The Supreme Court Tuesday": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court hears arguments on same-sex marriage this week."

Today at "Above the Law," David Lat has a post titled "A Midnight Visit To The Folks Camped Out At SCOTUS."

And starting at 10:45 a.m. eastern time, "SCOTUSblog" will live blog updates from the oral argument via this link.

According to a news release that the Public Information Office of the U.S. Supreme Court issued last month, "The Court will post the audio recording and unofficial transcript as soon as the digital files are available for uploading to the Website. The audio recording and transcript should be available no later than 2 p.m. on April 28."
Posted at 08:36 AM by Howard Bashman



"A Free Kick In: How does the Constitution protect innocent people who are stuck in jail?" Mark Joseph Stern has this Supreme Court dispatch online at Slate.
Posted at 08:24 AM by Howard Bashman


Monday, April 27, 2015

"Appeals court upholds Highland Park assault weapons ban": The Chicago Tribune has a news update that begins, "A federal court Monday upheld Highland Park's ban on assault weapons -- possibly setting the stage for a showdown over the issue before the U.S. Supreme Court. In a 2-1 decision, the federal appellate court in Chicago upheld the city's ban on assault weapons, including AK-47s and AR-15s and magazines that hold more than 10 rounds."

And The Associated Press reports that "US court upholds Chicago suburb's assault weapons ban."

You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link. Circuit Judge Frank H. Easterbrook wrote the majority opinion, while Senior Circuit Judge Daniel A. Manion issued a dissenting opinion.
Posted at 11:54 PM by Howard Bashman



"The Slants Get Hearing on Rude Trademark Issue Facing Redskins": Susan Decker of Bloomberg News has this report.

My earlier coverage of today's Federal Circuit order granting en banc review can be accessed here.
Posted at 09:42 PM by Howard Bashman



"Supreme Court Set to Grapple with Gay-Marriage Question; Justices will hear arguments Tuesday in one of the most direct constitutional issues to cross their docket in recent memory": Jess Bravin will have this article in Tuesday's edition of The Wall Street Journal. You can freely access the full text of the article via Google.

David G. Savage of The Los Angeles Times reports that "Stanford student goes to Supreme Court to fight for her moms."

In Tuesday's edition of The Boston Globe, Michael Levenson will have an article headlined "Mary Bonauto set to argue gay marriage case before Supreme Court."

Cheryl Wetzstein of The Washington Times has an article headlined "Supreme Court gay marriage cases: What to expect."

Sandhya Somashekhar of The Washington Post has an article headlined "High stakes as Supreme Court considers same-sex marriage case." In addition, the newspaper has an editorial titled "The Supreme Court must finish the job on same-sex equality."

The Sandusky Register reports that "Supreme Court to rule on Sandusky native's gay marriage; Ruling may make Sandusky High School product Jim Obergefell famous."

Paul Singer of USA Today reports that "Supreme Court gay marriage case reunites hometown opponents."

The Lawrence Journal-World reports that "Kansans watch closely as Supreme Court hears gay marriage cases."

The Lexington Herald-Leader reports that "U.S. Supreme Court to weigh Ky.'s same-sex marriage ban; arguments focus on states' rights, equal protection."

Amanda Terkel of The Huffington Post reports that "Marriage Equality Supporters Camp Out At Supreme Court Days Before Oral Arguments."

This evening's broadcast of NPR's "All Things Considered" contained an audio segment titled "3 Reasons Republicans Might Cheer A Pro-Gay-Marriage Ruling."

At CNN.com, Jeffrey Toobin has an essay titled "Supreme Court faces new reality on marriage equality."

Online at Bloomberg View, law professor Noah Feldman has an essay titled "Don't Panic! Gay Marriage Will Win."

And online at The Daily Beast, Jay Michaelson has a post titled "Gay Marriage Could Lose Tomorrow."
Posted at 09:38 PM by Howard Bashman



"Nashville Diocese gets Supreme Court win over contraception": The Tennessean has this report.

And Tom Howell Jr. of The Washington Times reports that "Supreme Court tells another court to reconsider Obamacare mandate for religious groups."
Posted at 09:10 PM by Howard Bashman



"PA high court reinstates Msgr. Lynn's child-endangerment conviction": Joseph A. Slobodzian of The Philadelphia Inquirer has a news update that begins, "Pennsylvania's Supreme Court on Monday reinstated the child-endangerment conviction of Msgr. William J. Lynn, the first Catholic Church official found guilty for his role supervising priests in the clergy sex-abuse scandal."

And The Associated Press reports that "Pennsylvania top court reinstates monsignor's conviction."

Today's ruling of the Supreme Court of Pennsylvania consists of a majority opinion and a dissenting opinion.
Posted at 05:47 PM by Howard Bashman



"SCOTUS to decide if 'unharmed' plaintiffs have right to sue": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 05:38 PM by Howard Bashman


"Stage set for landmark U.S. Supreme Court gay marriage arguments": Lawrence Hurley of Reuters has this report.
Posted at 05:36 PM by Howard Bashman


"Dear John Letters: A taxonomy of gay marriage arguments aimed at Chief Justice John Roberts." Dahlia Lithwick has this jurisprudence essay online today at Slate.

In other jurisprudence essays recently posted online at Slate, Dahlia Lithwick and Mark Joseph Stern have an essay titled "Not All Must Rise: Many of the people who will witness Supreme Court history paid a ton for the privilege."

And Mark Joseph Stern has an essay titled "The Marriage Mastermind: How Evan Wolfson transformed American society."
Posted at 05:32 PM by Howard Bashman



"Taming the Butterflies Before a Supreme Court Argument; Lawyers in the same-sex marriage cases and veteran advocates reveal their routines": Marcia Coyle of The National Law Journal has this report today.

You can freely access the full text of the article via Google News.
Posted at 05:26 PM by Howard Bashman



"Philly judge sticks to $1 million sanction of lawyer": Chris Mondics of The Philadelphia Inquirer has this news update.
Posted at 04:56 PM by Howard Bashman


"Supreme Court Rejects Teva's Reglan Preemption Dispute": Emily Field of Law360.com has a report (subscription required for full access) that begins, "The U.S. Supreme Court on Monday rejected Teva Pharmaceuticals USA Inc.'s request to review a Pennsylvania appellate ruling that federal law did not preempt the product liability claims of thousands of generic Reglan users."
Posted at 03:28 PM by Howard Bashman


"Why Massachusetts Led the Way on Same-Sex Marriage": Jesse Wegman has this "Editorial Observer" essay in today's edition of The New York Times.
Posted at 03:12 PM by Howard Bashman


"Fourth Circuit Rules That Plaintiff in Appeal from Ex Parte TTAB Decision Must Pay ALL Expenses": John L. Welch has this post today at "The TTABlog" reporting on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued last Thursday.
Posted at 01:35 PM by Howard Bashman


"In 'Slants' Case, Appeals Court Will Reconsider Opinion on 'Disparaging' Trademarks; The Federal Circuit chooses to wipe out an opinion issued last week regarding an Asian-American band": Eriq Gardner had this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.

And at "The Volokh Conspiracy," Eugene Volokh has a post titled "Federal Circuit will rehear 'disparaging marks' trademark case about The Slants -- and the Redskins case may be affected."

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

The order granting en banc review orders the parties to file new briefs addressing the following issue:

Does the bar on registration of disparaging marks in 15 U.S.C. sec. 1052(a) violate the First Amendment?
The order also provides that amici may file briefs on rehearing en banc without having to obtain further leave of court.

My earlier coverage of the three-judge panel's ruling in this case, which issued one week ago today, can be accessed here and here.
Posted at 01:27 PM by Howard Bashman



"Sen. Chuck Grassley (R-IA) discusses cameras in the Supreme Court": C-SPAN has posted online this video clip today.
Posted at 01:16 PM by Howard Bashman


"How gay-marriage case was born of a divided Ohio": Amber Hunt and Keith BieryGolick of The Cincinnati Enquirer have this report. In addition, Hunt and Kevin Grasha have an article headlined "Need to knows about the Cincinnati same-sex marriage case."

Jessica Wehrman and Jack Torry of The Columbus Dispatch report that "Gay-marriage battle goes before Supreme Court on Tuesday."

Todd Spangler of The Detroit Free Press has an article headlined "Meet the lawyers who will face off in same-sex marriage case."

And Chad Livengood of The Detroit News reports that "Gay marriage case a race with time for Michigan couple."
Posted at 01:12 PM by Howard Bashman



"U.S. justices to weigh suit against people-search service Spokeo": Lawrence Hurley of Reuters has this report, along with an article headlined "U.S. top court throws out Obamacare contraception ruling."

Greg Stohr of Bloomberg News reports that "Business Bid to Curb Consumer Suits Gets Top U.S. Court Look."

And at "SCOTUSblog," Lyle Denniston has a post titled "Congress's power to permit lawsuits at issue."
Posted at 01:04 PM by Howard Bashman



"Gay-Rights Skeptic John Roberts Urged to Make Supreme Court History; The court hears arguments on Tuesday in a historic clash that may legalize gay marriage nationwide": Greg Stohr of Bloomberg News has this report.
Posted at 12:58 PM by Howard Bashman


"Court weighs excessive force against inmates awaiting trial": The Associated Press has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Kingsley v. Hendrickson, No. 14-6368. Paul D. Clement argued the appeal for respondents.
Posted at 12:54 PM by Howard Bashman



"Lawyers Seek Sea Change on Gay Rights at Supreme Court": Adam Liptak will have this article in Tuesday's edition of The New York Times.
Posted at 10:24 AM by Howard Bashman


"Q&A: Issues, possible legal outcomes in gay marriage cases." Mark Sherman of The Associated Press has this report.

And on today's broadcast of NPR's "Morning Edition," Cokie Roberts had an audio segment titled "Same-Sex Supreme Court Case Raises Political Issues."
Posted at 10:16 AM by Howard Bashman



"As Dzhokhar Tsarnaev's defense begins, image matters": Patricia Wen and Milton J. Valencia of The Boston Globe have this report.

Laurel J. Sweet of The Boston Herald has an article headlined "Experts: Tsarnaev defense team may call brain researchers; The 'young & dumb' argument?"

The Associated Press reports that "Boston Marathon bomber's lawyers prepare case for life."

And Reuters reports that "Defense to begin arguments to spare Boston bomber's life."
Posted at 10:14 AM by Howard Bashman



"Dickie Scruggs: A 2nd chance; Mississippi's famed trial lawyer-turned-felon grants his first post-prison interview." Emily Le Coz of The Clarion-Ledger of Jackson, Mississippi has this report.
Posted at 09:50 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.

In early news coverage, The Associated Press reports that "High court to consider lawsuits over personal data"; "High court to consider time limits for discrimination claims": and "High court rejects appeal from protester at military base."
Posted at 09:35 AM by Howard Bashman



"Justice Kennedy's long road from Sacramento to landmark gay marriage case": David G. Savage of The Los Angeles Times has this report.
Posted at 08:40 AM by Howard Bashman


"Same-Sex Marriage, In The Justices' Words": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."

The Washington Times has articles headlined "Gay marriage advocates expect Supreme Court to rule in their favor; Justices to hear oral arguments in four cases on Tuesday" and "Supreme Court gay marriage cases: What to expect."

Today's edition of The Knoxville News Sentinel contains a front page article headlined "Local residents ready for Supreme Court same-sex marriage arguments."

The Arizona Republic reports that "Arizona gay-rights groups look beyond Supreme Court."

And online at The Atlantic, law professor Garrett Epps has an essay titled "Gay Marriage Gets Its Day in Court: The question is less whether the Supreme Court will affirm the right to same-sex unions than how it will choose to do so."
Posted at 08:25 AM by Howard Bashman



"Lawyers donate thousands of dollars to Pennsylvania Supreme Court race": Melissa Daniels has this front page article in today's edition of The Pittsburgh Tribune-Review.
Posted at 08:20 AM by Howard Bashman


"The Engineer's Lament: Two ways of thinking about automotive safety." Malcolm Gladwell has this "Dept. of Transportation" article in the May 4, 2015 issue of The New Yorker.
Posted at 08:17 AM by Howard Bashman


"Roberts at 10: Roberts and the Fourth Amendment -- A Mostly Pro-Government Vote with Some Important Exceptions." Brianne Gorod has this report online at the Constitutional Accountability Center.
Posted at 08:14 AM by Howard Bashman


Sunday, April 26, 2015

"Supreme Court's Simple Marriage Case Questions Lead To Complex Arguments; A look at the legal issues set to be debated before the justices on Tuesday": Chris Geidner of BuzzFeed News has this report.
Posted at 11:58 PM by Howard Bashman


"After a public shaming, reclaiming my dignity": Law professor Lisa T. McElroy had this essay online Friday at The Washington Post.

Update: At "Above the Law," David Lat has this post about the essay.
Posted at 11:44 PM by Howard Bashman



"U.S. Supreme Court to consider constitutionality of Oklahoma's death penalty; On Wednesday, the U.S. Supreme Court will hear oral arguments on the state's execution protocol, specifically the use of one of the three drugs in Oklahoma's lethal cocktail; The court's decision could have a lasting impact on the use of the drug across the country": Graham Lee Brewer of The Oklahoman has this report.
Posted at 10:57 PM by Howard Bashman


"Supreme Court's Defining Moment on Marriage": Kenneth Jost has this post today at his blog, "Jost On Justice."
Posted at 10:52 PM by Howard Bashman


"Boies, Dershowitz duel in defamation case concerning sex trafficking claims": David Ingram of Reuters recently had this report.

And at "Above the Law," Tamara Tabo has a post titled "The Latest Legal Superstar To Collide With Alan Dershowitz: David Boies."
Posted at 10:08 PM by Howard Bashman



"G.O.P. Struggling With Shifts on Gay Marriage": Adam Nagourney will have this article in Monday's edition of The New York Times.
Posted at 09:40 PM by Howard Bashman


"Judge Robert Sweet, 92, Finds Balance on the Ice and the Bench": Corey Kilgannon has this "Character Study" in today's edition of The New York Times.
Posted at 09:25 PM by Howard Bashman


"New California Supreme Court surprises analysts early on": In today's edition of The Los Angeles Times, Maura Dolan has an article that begins, "When Gov. Jerry Brown's two latest nominees joined the California Supreme Court in January, legal analysts foresaw the creation of a more liberal majority."
Posted at 09:02 PM by Howard Bashman


"Old battle lines drawn anew in Kansas; In state where 'separate but equal' died, governor's bet on supply-side economics imperils school gains": This front page article appears in today's edition of The Boston Globe.
Posted at 08:44 PM by Howard Bashman


"Sorry grandma! That $42 million slot machine jackpot was a computer glitch; Actually, you won just $1.85." David Kravets of Ars Technica has this post today about a ruling that the Supreme Court of Iowa issued on Friday.

And in other coverage, The Associated Press has a report headlined "Court: Iowa casino doesn't have to pay $41M jackpot error."
Posted at 08:37 PM by Howard Bashman



"Justices Kennedy and Scalia and their decades-long argument on gay rights": Robert Barnes will have this article in Monday's edition of The Washington Post.

Jess Bravin of The Wall Street Journal has an article headlined "History Suggests Kennedy Holds Key to Gay-Marriage Case; Justice could provide decisive vote if Supreme Court rules same-sex couples have constitutional right to marry."

Richard Wolf of USA Today reports that "Long courtship leads to high court's altar for gay marriage."

Joan Biskupic of Reuters reports that "Top U.S. court appears on cusp of declaring right to gay marriage."

Warren Richey of The Christian Science Monitor has an article headlined "At last, Supreme Court hears same-sex marriage cases. Will history be made?"

Maureen Groppe of The Indianapolis Star reports that "Once-vocal Indiana now silent on gay marriage bans."

Kent Faulk of The Birmingham News reports that "U.S. Supreme Court takes up gay marriage question Tuesday; what does it mean for Alabama?"

Stacey Barchenger of The Tennessean has an article headlined "Memphis couple says military life fuels marriage equality fight."

The Hill has an article headlined "Arkansas governor: Same-sex marriage case too close to call."

Karyn Bruggeman of National Journal has an article headlined "The One Election Where Gay Marriage Is Still a Political Liability for Democrats: Republicans could use the issue to paint Jack Conway, the Democratic candidate for governor in Kentucky, as too liberal for the state."

And online at The Los Angeles Times, Roberta Kaplan has an essay titled "Evolving awareness is cause for same-sex-marriage optimism in court."
Posted at 08:30 PM by Howard Bashman



"'Guantanamo Diary' goes Through the Looking Glass": Carol Rosenberg of The Miami Herald has this report.
Posted at 05:53 PM by Howard Bashman


"Justices to Hear Challenge to Lethal-Injection Drug": Erik Eckholm will have this article in Monday's edition of The New York Times.

And Jon Herskovitz of Reuters reports that "Oklahoma lethal injection drug faces U.S. Supreme Court test."
Posted at 05:52 PM by Howard Bashman



"Let's talk about Justice Ruth Bader Ginsburg's fishnet gloves": Erin C.J. Robertson had this entry recently at the "Reliable Source" blog of The Washington Post.
Posted at 05:48 PM by Howard Bashman


"Same-sex marriage: The decisive questions." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 05:45 PM by Howard Bashman


"Dallas author has a hit list when it comes to legalese": In today's edition of The Dallas Morning News, business columnist Cheryl Hall has an article that begins, "Bryan Garner has killer instincts when it comes to legal jargon."
Posted at 05:43 PM by Howard Bashman


Saturday, April 25, 2015

"Crazy in Alabama: The Judicial Process and the Last Stand Against Marriage Equality in the Land of George Wallace." Law professor Howard M. Wasserman has posted this essay online at SSRN (via "Legal Theory Blog").
Posted at 11:33 PM by Howard Bashman


"Gay Marriage Case Caps Cincinnati's Shift From Conservative Past": Sheryl Gay Stolberg will have this article in Sunday's edition of The New York Times.
Posted at 11:28 PM by Howard Bashman


"Pa. justices to consider murky case on charities": Natasha Lindstrom of The Pittsburgh Tribune-Review has an article that begins, "The Pennsylvania Supreme Court is taking up an unusual case spurred by a lawyer who tried to expose a nonprofit client she believed had illegally steered charitable funds into private pockets."

I previously noted the Pa. Supreme Court's grant of review in this case in a post captioned "Redacted v. Redacted."
Posted at 11:25 PM by Howard Bashman



"Days Before Marriage Arguments, Dozens Wait For A Seat In The Supreme Court": Chris Geidner of BuzzFeed News has this report.
Posted at 11:14 PM by Howard Bashman


"Uncle Luke Recalls Supreme Court Battle Over 2 Live Crew's Music": HipHopDX has this report.
Posted at 11:11 PM by Howard Bashman


"Here's why this year's Supreme Court campaign is the most important race you're not watching": Columnist John L. Micek of The Patriot-News of Harrisburg, Pennsylvania has this essay online.
Posted at 11:07 PM by Howard Bashman


"Same-sex marriage hinges on U.S. Supreme Court decision": Bob Egelko of The San Francisco Chronicle has this report.

The Cleveland Plain Dealer reports that "Upcoming same sex marriage case at U.S. Supreme Court could extend rights to gay Ohioans."

The Tampa Bay Times reports that "Florida still sorting out gay marriage issues as U.S. Supreme Court prepares to hear case."

And The State of Columbia, South Carolina reports that "SC issues mirrored in same-sex marriage cases before Supreme Court."
Posted at 10:45 PM by Howard Bashman



"Four lawyers take on history in Supreme Court gay marriage case": Catherine Ho of The Washington Post has an article that begins, "When the Supreme Court hears arguments Tuesday on same-sex marriage, they will come from four people that many Americans probably have never heard of: attorneys Mary Bonauto, Douglas Hallward-Driemeier, John Bursch and Joseph Whalen."

And Stephanie Condon of CBSNews.com reports that "Four days early, line forms at Supreme Court for gay marriage case."

The Twitter feed titled Equality Case Files is providing ongoing coverage of the wait in line for seats to observe next Tuesday's U.S. Supreme Court oral argument.
Posted at 04:53 PM by Howard Bashman



"Republicans debate keeping ObamaCare subsidies until 2017": The Hill has a report that begins, "Congressional Republicans are locked in a debate about whether to temporarily keep in place the ObamaCare subsidies that are at risk of being struck down at the Supreme Court. More than a half-dozen competing plans have already been put forward in response to the King v. Burwell case, and Republicans are anxious to unify behind one before the ruling comes down in June."
Posted at 01:57 PM by Howard Bashman


"On eve of Supreme Court arguments, judge refuses to dismiss Alabama gay marriage lawsuit": Brendan Kirby of The Mobile Press-Register has this report.

You can access here and here Thursday's orders of the U.S. District Court for the Southern District of Alabama denying motions to dismiss.
Posted at 01:53 PM by Howard Bashman



"Senators Introduce Anti-Aaron's Law To Increase Jail Terms For 'Unauthorized Access' To Computers": Mike Masnick had this post Thursday at TechDirt.
Posted at 01:42 PM by Howard Bashman


"Gay marriage pioneer, free from skeptics, prepares for Supreme Court": Richard Wolf of USA Today has this report.

Mark Sherman of The Associated Press reports that "Same-sex marriage pioneer among lawyers for high court cases."

NPR has posted online a podcast titled "Pop-Up Podcast: Same-Sex Marriage And The Supreme Court" featuring, among others, Nina Totenberg and Tom Goldstein.

And the ABC News program "This Week" has posted online an item headlined "Same-Sex Marriage Hearings at the Supreme Court: What You Need to Know."
Posted at 01:38 PM by Howard Bashman



"Federal Appellate Briefs Might Have to Be Shorter": Saranac Hale Spencer will have this article in Monday's edition of The Legal Intelligencer. You can freely access the full text of the article via Google.
Posted at 01:30 PM by Howard Bashman


"Argument preview: Execution methods: broad or narrow look?" Lyle Denniston of "SCOTUSblog" has this post today.
Posted at 01:23 PM by Howard Bashman


Friday, April 24, 2015

"Federal appeals court dismisses lawsuit in Border Patrol shooting of Juarez teen; Agent shot and killed teen in 2010": Daniel Borunda of The El Paso Times has this news update.

And The Associated Press has a report headlined "Court: Family of teen shot across border can't sue in US."

You can access today's en banc ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 10:20 PM by Howard Bashman



Access online the audio from this week's three U.S. Supreme Court oral arguments: Via this link.
Posted at 02:46 PM by Howard Bashman


"Alberta judge grants Omar Khadr bail pending appeal": Sean Fine of The Toronto Globe and Mail has this news update.

And The Edmonton Journal has a news update headlined "Former Guantanamo Bay inmate Omar Khadr to be released on bail."
Posted at 01:46 PM by Howard Bashman



"Appeals court upholds dismissal of libel suit by Abbas' son": Sam Hananel of The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:42 PM by Howard Bashman


"Arpaio: PI hired to investigate judge's wife." Megan Cassidy of The Arizona Republic has an article that begins, "In a bombshell diversion from his contempt-of-court proceedings, Maricopa County Sheriff Joe Arpaio testified under oath Thursday that his attorneys had hired a private agent to investigate the wife of the federal judge who ruled that the Sheriff's Office had engaged in racial profiling."

And The Associated Press reports that "Arizona sheriff reveals investigation into judge's wife."
Posted at 01:38 PM by Howard Bashman



"Bill would create ethics code for Supreme Court justices": The Hill has this report.
Posted at 01:25 PM by Howard Bashman


Justices' Questions, Answered: Previously on Same-Sex Marriage Arguments at the Supreme Court . . . Law professor Kenji Yoshino has this jurisprudence essay online at Slate.
Posted at 01:23 PM by Howard Bashman


"Meet the lawyers who will argue the gay marriage case": Ariane de Vogue of CNN.com has this report.

And Oralandar Brand-Williams of The Detroit News has articles headlined "Same-sex marriage case in court: Attorney John Bursch" and "Same-sex marriage case in court: Attorney Mary Bonauto."
Posted at 01:20 PM by Howard Bashman



"King: Ban federal courts from overturning traditional marriage laws." The Des Moines Register has an article that begins, "U.S. Rep. Steve King, R-Kiron, has introduced a bill in Congress that would ban federal judges from ruling on lawsuits aimed at overturning state bans on same-sex marriage."
Posted at 01:18 PM by Howard Bashman


"Alabama married same-sex couples caught in limbo": The Montgomery Advertiser has this report.
Posted at 01:16 PM by Howard Bashman


"Gay marriage defies opinions of American majority, legal brief tells Supreme Court": Cheryl Wetzstein of The Washington Times has this report.
Posted at 01:14 PM by Howard Bashman


"Tennessee at forefront as gay marriage case goes to Supreme Court": The Tennessean has this report.
Posted at 01:12 PM by Howard Bashman


"John Roberts' big moment: Will he anger conservatives again?" Ariane de Vogue of CNN.com has this report today.
Posted at 01:09 PM by Howard Bashman


"How a Cincinnati judge could shape the gay marriage case": Ariane de Vogue of CNN.com today has a report that begins, "Judge Jeffrey Sutton doesn't have a lot of company on the appeals courts these days."
Posted at 10:27 AM by Howard Bashman


"ESPN Beats Pro Wrestler in Dispute Over Rebroadcast of Old Matches; An appellate ruling could be a good sign for broadcasters as they fight in court with college athletes": Eriq Gardner had this post yesterday at the "Hollywood, Esq." blog of The Hollywood Reporter.

You can access Wednesday's per curiam ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 08:32 AM by Howard Bashman



"End the Supreme Court's Ban on Cameras": Jonathan Sherman has this op-ed in today's edition of The New York Times.
Posted at 08:27 AM by Howard Bashman


FRAP Advisory Committee agrees to scrap "3-day rule" for responding to documents served by electronic means: Also yesterday, after much discussion, the FRAP Advisory Committee agreed to approve an amendment that would eliminate the extra three days that the FRAP now provide for responding to documents served through electronic means, including via CM/ECF.

A similar change is scheduled to go into effect in the procedural rules applicable to district and bankruptcy courts. However, appellate attorneys on the FRAP Advisory Committee expressed concerns that the 14-day period for filing a reply brief is a uniquely short time for filing such an important document. As a result, the FRAP Advisory Committee plans to consider in the very near future whether the 14-day period for filing a reply brief should be extended to 17 or 21 days. In addition, the FRAP Advisory Committee intends to send a letter to the chief judges of all the U.S. Courts of Appeals explaining that expanding the time for reply briefs will remain under consideration, and that courts should consider continuing to afford 17 days in which to file reply briefs in the interim.

Lastly, the FRAP Advisory Committee is encouraging the Standing Committee to include a statement in the comments encouraging courts to freely grant extensions when documents are served electronically late at night or late at night before a weekend or holiday weekend. However, because the elimination of the extra three days following e-service will go into effect in district courts and bankruptcy courts at the same time it goes into effect in appellate courts, such a comment will only be included in the FRAP if the comment is also deemed acceptable for inclusion with the rules governing district courts and bankruptcy courts. Already, certain of the advisory committees overseeing those other rules have expressed their opposition to adding such a comment.
Posted at 08:15 AM by Howard Bashman



Thursday, April 23, 2015

"Senate Confirms Loretta Lynch as Attorney General After Long Delay": Jennifer Steinhauer of The New York Times has an article that begins, "After one of the nation's most protracted cabinet-level confirmation delays, the Senate Thursday approved Loretta E. Lynch to be attorney general. She is the first African-American woman to hold the position."
Posted at 10:18 PM by Howard Bashman


"What Same-Sex Marriage Teaches About Social Change and the Supreme Court": Law professor Michael C. Dorf has this essay online at Justia's Verdict.

And at his "Dorf on Law" blog, he has a related post titled "What's at Stake in Next Week's SSM Oral Argument?"
Posted at 10:04 PM by Howard Bashman



"Constitution Check: Might the Supreme Court take a pass on same-sex marriage now?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:00 PM by Howard Bashman


Reader email regarding FRAP word limit reduction compromise: A reader emails:
I am an appellate practitioner in Texas who read with interest your summary of the proposed reduction of the briefing word limit. I am encouraged by the idea that, under the proposed new rule, appellate courts will grant leave for expanded word volume more readily. But I wonder whether any discussion occurred about disrupting current judicial attitudes.

For example, the Fifth Circuit requires a draft brief to be tendered with a motion to exceed the word limit, which must come ten days in advance of the brief due date. It is unclear if that draft must itself be over the default word limit or simply enough to show the complexity of the case. But, either way, this requirement stands as a practical disincentive to seeking an expansion. Attorneys may not wish to make public their unpolished drafts. Yet that may be unavoidable under this local rule, particularly when a case has been accelerated and a brief must be turned around in short order. Was there any discussion about advising circuit courts against local rules having the effect of disincentivizing motions for expanded words, or advising that the procedure for obtaining expanded words should allow that relief upon only a showing in a motion of good cause, without further obstacles?

Day two of the FRAP advisory committee's meeting will occur tomorrow morning, and I am posting this comment so that the committee may be able to take this concern into consideration at that time.
Posted at 09:48 PM by Howard Bashman


"Justices Drop Another Clue About Obamacare's Future": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:44 PM by Howard Bashman


"BofA questions judge's impartiality as it appeals big fraud verdict": Jonathan Stempel and Nate Raymond of Reuters have this report.

And Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a report titled "BofA 'Hustle' appeal tests Justice's novel use of old S&L statute."

You can access the 91-page, 20,900-word brief that Bank of America filed yesterday in the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 09:28 PM by Howard Bashman



"View from the Courtroom: Justices sometimes face off with each other in raisin case." Mark Walsh has this post at "SCOTUSblog."
Posted at 09:20 PM by Howard Bashman


"How Wall Street came out on gay marriage": Lawrence Hurley of Reuters has this report.
Posted at 09:14 PM by Howard Bashman


"Meet The Lawyer Who Set The Stage For Nationwide Marriage Equality": Sahil Kapur of TPM DC has a report that begins, "Paul M. Smith keeps a cutout of a 12-year-old Washington Post newspaper article on the wall of his law office near the White House."
Posted at 09:10 PM by Howard Bashman


"Monroeville board: No more 'To Kill a Mockingbird' after this year." Columnist John Archibald has this essay at AL.com.
Posted at 09:00 PM by Howard Bashman


"After court adjourns, 9th Circuit judge's movie nights are a hit": Maura Dolan has this front page article in today's edition of The Los Angeles Times.
Posted at 08:54 PM by Howard Bashman


A 13,000-word limit and easing expansions of that limit in cases meriting more words unanimously clears the Advisory Committee on Rules of Appellate Procedure after extended discussion: Today I was pleased to attend the FRAP advisory committee's meeting in Philadelphia, at which the committee considered, now that the comment period has concluded, the pending proposal to reduce the maximum word limit for federal appellate briefs from 14,000 words to 12,500 words.

The three lawyers in private practice on the committee each spoke during the initial round of discussion to oppose the reduction proposal, expressing somewhat differing degrees of opposition. The lawyer in private practice who serves as the Standing Committee's liaison to the the Appellate Committee spoke in favor of the word count reduction proposal. All four federal appellate judges on the committee spoke strongly in favor of the proposal.

Ultimately, the Appellate Committee's chair had a compromise ready to offer all concerned -- adopting a 13,000-word limit and adding into the rule's comments a statement urging federal appellate courts to recognize that in complicated cases, or cases involving multiple parties, those courts should ease their current reluctance to grant expansions of the word limit.

To be sure, the committee today approved a reduction of two-thirds of the amount of the reduction originally sought, which is not a compromise precisely in the middle between the current limit and the smaller word limit published for comment. However, setting the new word limit at 13,250 (and a corresponding reply brief limit of 6,625 words) -- representing the exact midpoint between those two options -- would result in word limits that are much more difficult to remember. And adopting a new word limit of 13,500 words wouldn't achieve much of a word count reduction, while likewise producing the still difficult-to-remember reply brief limit of 6,750.

A title for this post that I was originally contemplating would have stated, "Bad lawyers ruin it for themselves and for many of the rest of us." In essence, the comments that the judges on the committee made in favor of a word limit reduction focused largely on the unnecessary prolixity of so many of the briefs received in cases viewed as not very difficult, filed by lawyers who are not among the most talented appellate practitioners. To the extent that those lawyers' prolixity caused them to file briefs within the 13,001-word to 14,000-word range, such lawyers will now be limited to filing briefs not longer than 13,000 words. It may also end up that talented, well-known appellate advocates, and government lawyers, will have an easier time obtaining expansions of the word limits than lawyers who are unknown to the judges considering such motions.

If all goes as planned, appellate judges, once this amendment goes into effect, should become much more willing to grant word limit expansion motions. Whether the implementation of this amendment will cause federal appellate judges to conclude that their time is not being wasted as much by unnecessarily long briefs remains to be seen, especially since the percent of briefs being filed that fall between 13,001 words and 14,000 words is already quite small.

Four more things must occur before this rule amendment goes into effect. The Standing Committee must approve the amendment. The Judicial Conference of the United States must approve the amendment. The U.S. Supreme Court must sign-off on the amendment. And the U.S. Congress must refrain from vetoing the amendment.

Individual federal appellate courts will have the ability under the amendment to retain the current 14,000-word limit or any other limit larger than 13,000 words. My expectation, however, is that none of the 13 federal courts of appeals will opt-out of the word count reduction once it goes into effect.

Readers who wish to comment on today's developments are invited to send me an email for possible publication here. In addition, assuming that the word limit amendment takes effect, this blog will follow with interest reports from readers discussing the willingness of the various federal appellate courts to grant word limit expansions in individual cases and the delay involved in obtaining such expansions.
Posted at 07:50 PM by Howard Bashman



Wednesday, April 22, 2015

Programming note: During the day on Thursday, I will be observing the meeting of the Advisory Committee on Rules of Appellate Procedure in Philadelphia. As a result, new posts won't appear here until Thursday evening, although some new activity may appear in the interim on this blog's Twitter feed.

When new posts do appear here Thursday evening, I will report on the latest news regarding the pending FRAP briefing word limit reductions, which are on the advisory committee's agenda for further consideration tomorrow.
Posted at 11:20 PM by Howard Bashman



"Elizabeth Weaver, controversial Michigan justice, dies at 74": The Associated Press has this report.

And The Detroit News reports that "Former Supreme Court justice Weaver dies."
Posted at 09:46 PM by Howard Bashman



"Views of Supreme Court Little Changed as Major Rulings Loom; Ideological Divide in Views of Court's Ideology": The Pew Research Center has issued this news release. You can access the complete survey report at this link.
Posted at 09:44 PM by Howard Bashman


"Manufacturer asks DOC to return supplies of drug used in lethal injection": The Arizona Republic has an article that begins, "As the U.S. Supreme Court prepares to hear oral arguments next week that may prohibit the use of the drug midazolam in executions by lethal injection, at least one of the drug's manufacturers has asked the Arizona Department of Corrections to return the product to them."
Posted at 09:34 PM by Howard Bashman


"Supreme Court Justices Are Getting 'Grumpier,' Study Finds; Computer analysis of decisions going back to John Jay finds increasing dyspepsia and a 'lower grade level' of writing": Paul Barrett of Bloomberg News has this report.
Posted at 09:28 PM by Howard Bashman


"In Fourth Amendment cases, it's a toss-up": Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 09:15 PM by Howard Bashman


"Tsarnaev's Defense Tries to Recast Obscene Gesture": Katharine Q. Seelye will have this article in Thursday's edition of The New York Times.

And Milton J. Valencia, Kevin Cullen, Patricia Wen, and John R. Ellement of The Boston Globe have a news update headlined "Stories of pain and loss described at Marathon bombing trial."
Posted at 08:37 PM by Howard Bashman



"Appeals court overturns Barry Bonds' obstruction conviction": Bob Egelko of The San Francisco Chronicle has this report.

John Branch of The New York Times reports that "Barry Bonds's Obstruction of Justice Conviction Is Overturned."

Dan Levine of Reuters reports that "U.S. strikes out with prosecution of baseball great Barry Bonds."

And Peter Blumberg of Bloomberg News reports that "Barry Bonds Wins Appeal Voiding Conviction in Steroids Probe."
Posted at 08:26 PM by Howard Bashman



Access online the agenda book for tomorrow's meeting of the Advisory Committee on Rules of Appellate Procedure in Philadelphia: At this link. The meeting's agenda can be viewed here.

The committee's reporter, law professor Catherine T. Struve, has done her usual superlative job of summarizing both what's at issue and the comments received concerning the pending FRAP briefing word limit reductions. Perhaps the most interesting portion of the memo is the reporter's analysis of the comments received and the options now facing the committee.
Posted at 08:14 PM by Howard Bashman



"Supreme Court Hears Appeal in Raisin Case": Adam Liptak will have this article in Thursday's edition of The New York Times.

Robert Barnes of The Washington Post reports that "Raisin farmers appear poised to win challenge of New Deal-era program."

David G. Savage of The Los Angeles Times reports that "Supreme Court justices appear ready to rule against California raisin board."

Richard Wolf of USA Today reports that "High court may free raisin farmers from federal program."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Skeptical of Decades-Old Raisin Program; Family challenges program requiring producers to turn over part of their crop to government." You can freely access the full text of the article via Google.

Michael Doyle of McClatchy Washington Bureau reports that "At Supreme Court, raisin rules get scoopful of arguments."

Jeremy P. Jacobs of Greenwire reports that "Supreme Court struggles with Calif. raisin farmer's takings case."

And Lyle Denniston of "SCOTUSblog" has a post titled "Argument analysis: Imagery overwhelms the facts."
Posted at 06:02 PM by Howard Bashman



"Don't Hold Your Breath For Souter's Papers": Tony Mauro has this post today at "The BLT: The Blog of Legal Times." You can freely access the full text of the post via Google News.
Posted at 05:48 PM by Howard Bashman


"Ted Cruz Showed Eloquence, and Limits, as Debater at Princeton": Jason Horowitz will have this article in Thursday's edition of The New York TImes.

And at the newspaper's "FirstDraft" blog, Horowitz has a related post titled "Ted Cruz, the Great Debater ... Sort Of."
Posted at 05:36 PM by Howard Bashman



"Opponents of Gay Marriage Ponder Strategy as Issue Reaches Supreme Court": Erik Eckholm will have this article in Thursday's edition of The New York Times.
Posted at 05:32 PM by Howard Bashman


"Bonds' obstruction conviction thrown out by appeals court": The Associated Press has this report on the per curiam en banc ruling that the U.S. Court of Appeals for the Ninth Circuit issued late today.

In addition to a two-page per curiam decision announcing the ruling of the court, a total of five judges joined in Circuit Judge Alex Kozinski's concurring opinion. Circuit Judge N. Randy Smith issued a concurring opinion in which a total of four judges joined, including Circuit Judge Consuelo M. Callahan, who also joined in Judge Kozinski's concurring opinion. Circuit Judge Stephen Reinhardt issued a concurring opinion on his own behalf. Circuit Judge William A. Fletcher issued an opinion concurring in the judgment. And Circuit Judge Johnnie B. Rawlinson issued a dissenting opinion that begins, "There is no joy in this dissenting judge. The per curiam and concurring opinions have struck out."

In other coverage, Maura Dolan of The Los Angeles Times reports that "Barry Bonds' obstruction of justice conviction overturned."
Posted at 05:10 PM by Howard Bashman



"Can government squeeze raisin growers? Justices have doubts." Sam Hananel of The Associated Press has this report.

And Greg Stohr of Bloomberg News reports that "U.S. Supreme Court Casts Doubt on Raisin Price-Boosting Plan."

Update: You can access at this link the transcript of today's U.S. Supreme Court oral argument in Horne v. Department of Agriculture, No. 14-275.
Posted at 03:10 PM by Howard Bashman



"High court makes it easier to sue government for negligence": Mark Sherman of The Associated Press has this report.

And Lawrence Hurley of Reuters reports that "U.S. top court makes it easier for people to sue the government."
Posted at 03:05 PM by Howard Bashman



Access online today's ruling of the U.S. Supreme Court in argued cases: Justice Elena Kagan delivered the consolidated opinion of the Court in United States v. Kwai Fun Wong, No. 13-1074, and United States v. June, No. 13-1075. Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. and Justices Antonin Scalia and Clarence Thomas joined. You can access the oral arguments here (Wong) and here (June).
Posted at 10:07 AM by Howard Bashman


"Boston Bombing Jury To Hear More Testimony Before Sentencing Tsarnaev": Tovia Smith had this audio segment on today's broadcast of NPR's "Morning Edition."

And on yesterday evening's broadcast of "All Things Considered," Smith had an audio segment titled "Sentencing Phase In Boston Marathon Bombing Trial Begins."
Posted at 09:40 AM by Howard Bashman



"Democrats Call Lynch Confirmation Delay A New Low In Washington Gridlock": Carrie Johnson had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 09:36 AM by Howard Bashman


"The case against gay marriage: Let my people vote." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 09:35 AM by Howard Bashman


"Supreme Court Curbs Drug-Sniffing Dogs During Traffic Stops; Justices continue on path of strengthening constitutional protections against 'unreasonable search and seizure'": Jess Bravin has this article in today's edition of The Wall Street Journal.
Posted at 09:33 AM by Howard Bashman


"Judicial vacancies in Alabama pile up": Mary Troyan of The Montgomery Advertiser has this report.
Posted at 09:32 AM by Howard Bashman


Tuesday, April 21, 2015

"Racial Slurs Shouldn't Be Trademarked: The Washington football team's name is an obstacle for interstate commerce." Law professors Robert L. Tsai and Christine Haight Farley have this jurisprudence essay online at Slate.
Posted at 11:42 PM by Howard Bashman


"AZ Prison Case Inspires Dissent From 9th Circuit": Courthouse News Service has this report on an order denying rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued today and a dissent therefrom, in which six judges joined.
Posted at 11:35 PM by Howard Bashman


How to remedy a proposed procedural amendment grounded in a mistaken assumption? Just say "never mind" or try, try again. In proposing an amendment to the Federal Rules of Appellate Procedure that would reduce the maximum size of appellate briefs from 14,000 to 12,500 words, the Advisory Committee on Rules of Appellate Procedure has, perhaps unintentionally, unleashed a maelstrom.

The lone justification for this rule change is found in the committee note to the change:

When Rule 32(a)(7)(B)'s type-volume limits for briefs were adopted in 1998, the word limits were based on an estimate of 280 words per page. The basis for the estimate of 280 words per page is unknown, and the 1998 rules superseded at least one local circuit rule that used an estimate of 250 words per page based on a study of appellate briefs. The committee believes that the 1998 amendments inadvertently increased the length limits for briefs. Rule 32(a)(7)(B) is amended to reduce the word limits accordingly.
In September 2014, Seventh Circuit Judge Frank H. Easterbrook filed a public comment addressing the word count reduction. Judge Easterbrook's comment eviscerates the advisory committee's justification for reducing the maximum allowable size of federal appellate briefs. According to Judge Easterbrook, no mistaken assumptions contributed to the choice of 14,000-word limit. Rather, that limit was selected knowingly and intentionally, in part to avoid precipitating the influx of word-count extension motions that any reduction in the current limit would be certain to trigger.

For quite understandable reasons, judges have become so familiar with trying to discern the intent of the drafter using the words of a provision and any formal legislative history that no one apparently realized that the answer to the mystery of "why 14,000 words?" could be obtained simply by asking the people involved in that process in the late 1990s. Most importantly, in my view, seven months have now passed since Judge Easterbrook posted his public comment on the rule change, and between then and now no one has come forth to cast any doubt on Judge Easterbrook's first-hand explanation for why 14,000 words was selected as the limit.

Consequently, we now seem to have a rule amendment that experienced appellate advocates vociferously and overwhelmingly oppose whose lone justification appears invalid.

At least, in theory, there could be other possible justifications. Perhaps appellate judges believe that unnecessarily long, horribly written appellate briefs are causing them to work so hard that they can't decide cases correctly. Yet no one has empirically or even anecdotally studied that possible justification, and unnecessarily short appellate briefs can also cause judges to work harder than an adequately reasoned and supported brief would necessitate.

If the word limit reduction is to be justified now by some new rationale, that rationale should be the subject of appropriate reflection and empirical study by the appellate rules advisory committee. If this proposed amendment simply isn't scrapped, although in my view it should be, the amendment should at least be removed from the current package of rule changes and referred for additional study to potentially produce a new, valid justification for shrinking the maximum allowable word limit for federal appellate briefs.

It's never easy to admit to making a mistake, but in this instance the appellate rules advisory committee appears to have done just that, which should mean -- instead of digging-in further -- either saying "never mind" or sending this amendment back to the drawing board for additional study.
Posted at 11:04 PM by Howard Bashman



"Bombings' lasting effects described in penalty phase; Penalty phase begins in Marathon bombing trial": Patricia Wen, Milton J. Valencia, Kevin Cullen, and Martin Finucane of The Boston Globe have this news update.

And online at Slate, Seth Stevenson has an essay titled "Tsarnaev's Smirk: Has the Boston Marathon bomber shown enough remorse to escape the death sentence?"
Posted at 09:18 PM by Howard Bashman



"The Ferguson Effect: Chief Justice Roberts rules against police abuse at the Supreme Court; Maybe he finally gets it." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 08:44 PM by Howard Bashman


"Federal judge clears way for Supreme Court to elect chief justice": Patrick Marley of The Milwaukee Journal Sentinel has a news update that begins, "A federal judge cleared the way Tuesday for the state Supreme Court to elect a new chief justice, at least for the time being."

And The Associated Press reports that "Judge declines to block chief justice selection change."
Posted at 08:17 PM by Howard Bashman



"Argument preview: Regulation or confiscation?" Lyle Denniston of "SCOTUSblog" has this post today.
Posted at 07:58 PM by Howard Bashman


"Supreme Court Limits Drug-Sniffing Dog Use in Traffic Stops": Adam Liptak will have this article in Wednesday's edition of The New York Times.

Robert Barnes of The Washington Post reports that "Police can't extend traffic stop to wait for sniffing dogs, justices say."

Richard Wolf of USA Today has an article headlined "Justices: Drug search that delays traffic stop is unconstitutional."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Curbs Drug-Sniffing Dogs During Traffic Stops; Justices continue on path of strengthening constitutional protections against 'unreasonable search and seizure.'" You can freely access the full text of the article via Google.

And Warren Richey of The Christian Science Monitor reports that "Supreme Court says police can't prolong traffic stops to allow for a dog sniff."
Posted at 07:46 PM by Howard Bashman



"Same-sex marriage opponents urge Supreme Court to go slow": Mark Sherman of The Associated Press has this report.

Richard Wolf of USA Today reports that "Gay marriage controversy focuses on children."

Cheryl Wetzstein of The Washington Times reports that "Gay marriage opponents, advocates to rally ahead of Supreme Court hearing."

And online at The Huffington Post, law professor Douglas Kmiec has a blog entry titled "Hey Supreme Court, Get Out of the Marriage Cases."
Posted at 07:36 PM by Howard Bashman



"Judge orders NY transit agency to run 'Killing Jews' ad": Jonathan Stempel of Reuters has this report.
Posted at 06:15 PM by Howard Bashman


"Stephen Breyer's New Book Will Confront Global Challenges": Tony Mauro has this post today at "The BLT: The Blog of Legal Times." You can freely access the full text of the post via Google News.
Posted at 06:08 PM by Howard Bashman


How one might attend a federal judicial rules committee's meeting as a member of the general public to observe: Let's say, hypothetically, that you are interested in a pending federal judicial rule change (perhaps you have possibly even written way more about it than anyone else, although thankfully plenty of other influential people agree with your position) and, through sheer happenstance, the advisory committee in charge of the proposed amendment will be holding a public meeting just a stone's throw away from where you work and live to further consider the proposed amendment's fate.

Fortunately, as noted here:

Committee meetings are open to the public, except when a committee -- in open session and with a majority present -- determines that it is in the public interest to have all or part of the meeting closed and states the reason.
Of course, knowing that the meeting will occur in Philadelphia, PA on a certain date provides a useful start, but Philadelphia is a big place. The Federal Register helps narrow it down from potentially anywhere within the fifth largest city in the United States to a single building located in that city. However, that building contains 26 floors and numerous meeting rooms, courtrooms, and offices.

The Federal Register also provides a contact phone number in Washington, DC. And the person who answers the phone at that number is more than happy to tell you where in the building in question the meeting will occur. After a few more phone calls in which the person who answered the phone will helpfully seek to correct the original location provided with the nearly correct actual location, you will receive the phone number of a person on the scene in the building in question located in Philadelphia who will not only provide the actual correct location of the meeting, but who will also offer to ensure that an extra seat is present in the room now that an observer is expected to attend. A day or so later the person in Washington, DC will call again to ask with whom you are affiliated, so that "the records" can reflect that. And either the helpful person in Washington, DC or the helpful person on location in Philadelphia will point out that if you arrive before the meeting's already very early start time of 8:30 a.m., a continental breakfast will be provided, in which even a public observer is apparently welcome to partake.

And that's at least one person's version of how one might attend a federal judicial rules committee's meeting as a member of the general public to observe.
Posted at 05:55 PM by Howard Bashman



"Court affirms dad's rights in turkey baster conception": Just when Thanksgiving's the last thing on your mind, The Associated Press has this report.

You can access today's ruling of the Court of Appeals of Virginia at this link.
Posted at 05:18 PM by Howard Bashman



"Inside the Connecticut Supreme Court": You can view the video from this past Sunday's broadcast of "Face the State" from Eyewitness News 3 in Hartford, Connecticut via this link.
Posted at 03:16 PM by Howard Bashman


"Too-Long Brief Dooms Banking Patent Appeal At Fed. Circ." Kat Greene of Law360.com has an article (subscription required for full access) that begins, "A trick straight out of high school English class cost Pi-Net International Inc. its bid to save three patents in its suit against JPMorgan Chase & Co. over online banking applications when the Federal Circuit dismissed its appeal Monday because a brief was too long."

According to yesterday's order of a three-judge panel of the U.S. Court of Appeals for the Federal Circuit, "Appellants attempted in their first corrected brief to create 'words' by squeezing various words together and deleting the spaces that should appear between the words."

Let this be a lesson to readers in the unlikely event that the Federal Rules of Appellate Procedure are amended to reduce the maximum size of appellate briefs from 14,000 words to 12,500 words -- you can't defeat the word count limit by turning four words into.only.one.word.

The next step in the FRAP amendment process takes place in Philadelphia two days from today, and I will be attending that meeting of the Advisory Committee on Rules of Appellate Procedure so that I can report first-hand to this blog's readers on what transpires.
Posted at 01:52 PM by Howard Bashman



"High court limits drug-sniffing dog searches during traffic stops": David G. Savage of The Los Angeles Times has this report.

Lawrence Hurley of Reuters reports that "U.S. top court curbs police drug-sniffing dogs in routine traffic stops."

Greg Stohr of Bloomberg News reports that "Police Can't Extend Stop for Dog Sniff, U.S. Supreme Court Says."

Lori Pilger of The Lincoln Journal Star reports that "U.S. high court says police can't extend stop for dog sniff in Nebraska case."

Josh Gerstein of Politico.com has a blog post titled "SCOTUS: Police can't extend traffic stop for dog sniff."

The Hill has a report headlined "Supreme Court: Cops can't hold suspects to wait for drug-sniffing dog."

Chris Geidner of BuzzFeed News reports that "Supreme Court Limits Police Dog Sniffs After Traffic Stops."

And Courhouse News Service reports that "High Court Divided on Delayed K-9 Search."
Posted at 01:22 PM by Howard Bashman



"Making Case for Execution, Prosecutor Calls Boston Bomber 'Unrepentant'": Katharine Q. Seelye of The New York Times has this news update.

And Owen Boss and Laurel J. Sweet of The Boston Herald have a news update headlined "Feds show photo of Tsarnaev flipping middle finger after bombings."
Posted at 01:20 PM by Howard Bashman



"What's At Stake If Supreme Court Eliminates Your Obamacare Subsidy": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 01:12 PM by Howard Bashman


"Loretta Lynch Confirmation Block Lifts as Senators Agree on Sex Trafficking Bill": Jennifer Steinhauer and Emmarie Huetteman of The New York Times have this news update.
Posted at 01:08 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 Stephen G. Breyer delivered the opinion of the Court in Oneok, Inc. v. Learjet, Inc., No. 13-271. Justice Clarence Thomas issued an opinion concurring in part and concurring in the judgment. And Justice Antonin Scalia issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. joined. You can access the oral argument via this link.

2. And Justice Ruth Bader Ginsburg delivered the opinion of the Court in Rodriguez v. United States, No. 13-9972. Justice Anthony M. Kennedy issued a dissenting opinion. Justice Clarence Thomas issued a dissenting opinion, in which Justice Samuel A. Alito, Jr. joined in full and Justice Kennedy joined in part. And Justice Alito issued a dissenting opinion. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Justices: Police can't extend traffic stop awaiting drug dog" and "High court: Energy companies must face price fixing claims."

And Lawrence Hurley of Reuters reports that "Supreme Court says antitrust claims over natural gas prices can proceed."
Posted at 10:05 AM by Howard Bashman



"Court: San Juan Capistrano's tiered water rates are illegal, may hinder conservation." The Orange County Register has this report.

Bob Egelko of The San Francisco Chronicle reports that "Appeals court rejects higher water rates for big users."

The San Diego Union-Tribune reports that "Water rate scheme struck down; Orange County case could have statewide impact amid drought."

The Los Angeles Times reports that "Appeals court throws out San Juan Capistrano's tiered water-use rates."

The Sacramento Bee reports that "Brown calls tiered-water ruling 'a straitjacket' for conservation efforts."

And The Associated Press reports that "California court ruling could limit drought fighting tools."

You can access yesterday's ruling of the California Court of Appeal for the Fourth Appellate District, Division Three, at this link. Justice William W. Bedsworth wrote the opinion of the court on behalf of a unanimous three-judge panel.
Posted at 09:44 AM by Howard Bashman



"With Tsarnaev penalty phase set, outcome uncertain; Capital sentences rarely imposed in US cases, but terrorism sets Marathon bombings apart": Milton J. Valencia and Patricia Wen of The Boston Globe have this report.

And Richard A. Serrano of The Los Angeles Times has articles headlined "Prosecutors to begin fight for death penalty in Boston Marathon bombing" and "As trial's penalty phase begins, Boston Marathon bomber remains a mystery."
Posted at 09:32 AM by Howard Bashman



"Updates in Judge Mark Fuller 'Wife Beating' Case: Criminal charges dismissed as expected; More testimony heard by 11th Circuit panel; Senate seeks update; Calls for impeachment persist." Brad Friedman had this post last night at "The Brad Blog."
Posted at 09:23 AM by Howard Bashman


"Meet The Couples Fighting To Make Marriage Equality The Law Of The Land": Amanda Terkel, Kate Abbey-Lambertz, and Christine Conetta of The Huffington Post have this report.
Posted at 09:20 AM by Howard Bashman


"Court rejects spa fish appeal": Howard Fischer of The Arizona Daily Star has this report.

Cronkite News reports that "Supreme Court turns down appeal from owner of Gilbert 'fish spa.'"

And Reuters reports that "U.S. Supreme Court rejects appeal over Arizona 'fish pedicures.'"
Posted at 09:17 AM by Howard Bashman



"Justices Hear Second Round of Arguments on Case Hinging on Phrase's Meaning": Adam Liptak has this article in today's edition of The New York Times.

David G. Savage of The Los Angeles Times reports that "Supreme Court may reconsider what is 'violent felony' in '80s-era law."

Richard Wolf of USA Today reports that "Justices may declare criminal law 'unconstitutionally vague.'"

Jess Bravin of The Wall Street Journal reports that "Supreme Court Scrutinizes Armed Career Criminal Act; Justices to decide if 1980s-era law triggers excessive sentences."

And Lawrence Hurley of Reuters reports that "Justices weigh white supremacist's challenge to sentencing law."
Posted at 09:14 AM by Howard Bashman



"Mitch McConnell Exacts Revenge By Slowing Down Obama's Nominations": Sahil Kapur of TPM DC has this report today.
Posted at 09:03 AM by Howard Bashman


"Meet The 'Accidental Activists' Of The Supreme Court's Same-Sex-Marriage Case": Nina Totenberg had this audio segment on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 07:52 AM by Howard Bashman


"At Supreme Court, Holder's Justice Dept. Routinely Backs Officers' Use of Force": Matt Apuzzo and Adam Liptak will have this article in Wednesday's edition of The New York Times.
Posted at 07:50 AM by Howard Bashman


Monday, April 20, 2015

"Should Victims Say How Boston Bomber Pays?" Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 10:55 PM by Howard Bashman


"Court considers limits to vagueness in statutes": In Tuesday's edition of The Washington Post, Robert Barnes will have an article that begins, "The Supreme Court on Monday tried to discern just how vague and opaque a law must be before the justices should strike down the whole thing and tell Congress to try again."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Johnson v. United States, No. 13-7120.
Posted at 10:08 PM by Howard Bashman



"Courts' War on FDR Continues With Obama": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 10:02 PM by Howard Bashman


"Too Vague to Be Constitutional: Two indecipherable criminal laws passed in the 1980s now face scrutiny at the Supreme Court." Online last Friday at The Atlantic, law professor Garrett Epps had this essay previewing two U.S. Supreme Court oral arguments occurring this week.
Posted at 10:00 PM by Howard Bashman


"A reporter's guide to covering the same-sex marriage cases at the Supreme Court": Amy Howe has this post today at "SCOTUSblog."
Posted at 08:12 PM by Howard Bashman


"Ecuadoreans' Lawsuit Against Chevron Might Need a U.S. Retrial, Judge Suggests; Judge Richard Wesley asked lawyers whether they would support a retrial of a 2011 ruling against the company by an Ecuadorean court": Nicole Hong of The Wall Street Journal has this report. You can freely access the full text of the article via Google.

Nate Raymond of Reuters reports that "U.S. court hears Chevron's fraud claims in $9.5 billion Ecuador dispute."

Paul Barrett of Bloomberg News has an article headlined "After 22 Years, Appellate Judge in Epic Pollution Case Suggests a Do-Over; The case that pits oil giant Chevron against a New York lawyer started in 1993."

Adam Klasfeld of Courthouse News Service reports that "NYC Retrial of Chevron Pollution Case Floated by 2nd Circuit Judge."

Pete Brush of Law360.com reports that "2nd Circ. Urged To Look Past Donziger In $9.5B Chevron Case" (subscription required for full access).

And Roger Parloff of Fortune.com has a post titled "Judge asks puzzling questions at Chevron v. Donziger appeal."

Unfortunately, the U.S. Court of Appeals for the Second Circuit does not make its oral argument audio readily available online.
Posted at 07:25 PM by Howard Bashman



"How heirs of alleged rare coin thief won gamble against U.S. Mint": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 04:36 PM by Howard Bashman


"Rock band The Slants cannot trademark disparaging name: appeals court." Andrew Chung of Reuters has this report.

And at his "Likelihood of Confusion" blog, Ron Coleman (counsel for appellant in the case) has a post titled "Federal Circuit on the THE SLANTS: Shut up about the constitution already."

My earlier coverage of today's Federal Circuit ruling appears at this link.
Posted at 04:35 PM by Howard Bashman



"Bombing trial enters penalty phase amid life or death debate": The Associated Press has this report.
Posted at 04:28 PM by Howard Bashman


"In Brief to Justices, Former Military Officials Support Same-Sex Marriage": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:26 PM by Howard Bashman


"'Nonmedia' speakers don't get full First Amendment protection, rules the Texas Court of Appeals": Eugene Volokh has this post today at "The Volokh Conspiracy."
Posted at 01:18 PM by Howard Bashman


It's time to reconsider whether the Patent and Trademark Office's refusal to register immoral, scandalous, or disparaging marks violates the First Amendment: So argues Federal Circuit Judge Kimberly A. Moore in a separate opinion issued today.

Moore also wrote the opinion of the court, which affirmed the PTO's refusal to register the trademark THE SLANTS, as requested by an Asian-American dance rock band using that name, because it is disparaging.

In earlier coverage of the appeal, Diane Bartz and Andrew Chung of Reuters reported that "Rock band The Slants wants to reclaim slur for trademark."

And 89.3 KPCC-FM's "AirTalk" had an audio segment titled "Asian-American band 'The Slants' asks federal court for right to trademark slur."

A three-judge Federal Circuit panel heard oral argument of this appeal on January 9, 2015, and you can access the oral argument audio via this link (7.39 MB mp3 audio file).
Posted at 01:09 PM by Howard Bashman



"The Case That Could Redefine Mass Litigation Over Oil Spills, Work Hazards: Can Corporations Use RICO Law to Combat Plaintiffs' Lawyers?" Paul Barrett of Bloomberg News has this report on a case being argued today at the U.S. Court of Appeals for the Second Circuit.
Posted at 12:54 PM by Howard Bashman


"Life or death? Boston bomber's trial turns to sentencing." Reuters has this report.
Posted at 12:50 PM by Howard Bashman


"Time Behind Bars? A Supreme Court decision on the Armed Career Criminal Act could shorten sentences for hundreds of prisoners." Matt Stroud of Bloomberg News has this report.
Posted at 12:48 PM by Howard Bashman


"Bryn Mawr College honors Sotomayor": The Philadelphia Inquirer has this report.
Posted at 12:37 PM by Howard Bashman


"Judicial candidates -- known for being unknown": This article appears in today's edition of The Philadelphia Inquirer.
Posted at 12:34 PM by Howard Bashman


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

Update: In news coverage, The Associated Press reports that "Supreme Court orders review of North Carolina redistricting"; "High court rejects terror victims' claims against Chiquita"; "High court won't hear appeal in Connecticut synagogue suit"; "High court rejects Wisconsin appeal over tribal night hunts"; and "High court won't hear appeal of Ex-Goldman board member."

Lawrence Hurley of Reuters reports that "U.S. top court rejects Colombian Chiquita human rights suit" and "Supreme Court rejects Rajat Gupta's insider trading appeal."

Greg Stohr of Bloomberg News reports that "Review Ordered for Republican-Drawn North Carolina Voting Maps" and "Supreme Court Rejects Ex-Goldman Director Rajat Gupta's Appeal."

And at "SCOTUSblog," Lyle Denniston has a post titled "Government faces new contracting duty."
Posted at 09:32 AM by Howard Bashman



"Lawyer for convicted ex-Connecticut governor outlines appeal": The Associated Press has this report.
Posted at 09:27 AM by Howard Bashman


Sunday, April 19, 2015

"Attorneys general: Based on states' records, justices should decide marriage." Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 10:36 PM by Howard Bashman


"A Supreme Event": Today, the Ninth Circuit's Pasadena courthouse hosted various presentations pertaining to David Lat's book, "Supreme Ambitions."

And via the Ninth Circuit's YouTube page, you can view the video of the event on demand at this link.
Posted at 09:30 PM by Howard Bashman



"Harold Koh in the cross hairs: Student protest targets former Obama administration lawyer Harold Koh." Nahal Toosi of Politico.com has this report.
Posted at 09:18 PM by Howard Bashman


"Obeying the law starts at the top: If politicians don't treat the law as worthy of respect, don't expect citizens to either." In Monday's edition of USA Today, law professor Glenn Harlan Reynolds will have an op-ed that begins, "Some people are now encouraging President Obama to basically ignore the Supreme Court where its rulings might impede the implementation of Obamacare."
Posted at 08:35 PM by Howard Bashman


"The GOP's new favorite law professor: Obama's mentor." Timothy Cama of The Hill today has an article that begins, "President Obama's law school mentor has emerged as a leading critic of the administration's landmark climate change regulations."
Posted at 05:24 PM by Howard Bashman


"Shriveled grapes, shriveled liberty": Online at The Washington Post, columnist George F. Will has an essay that begins, "In oral arguments Wednesday, the Supreme Court will hear the government defend its kleptocratic behavior while administering an indefensible law."
Posted at 01:34 PM by Howard Bashman


"Remembering The Day The Murrah Building Was Bombed": This audio segment appeared on today's broadcast of NPR's "Weekend Edition Sunday."
Posted at 01:08 PM by Howard Bashman


"Reagan shooter finds rejection, indifference in future home": The Associated Press has this report.
Posted at 01:06 PM by Howard Bashman


"Time hasn't healed all wounds: The bombing of the Alfred P. Murrah Federal Building has had a lasting effect on Oklahoma; Twenty years later, many survivors and people who lost loved ones, co-workers and friends remain in an emotional struggle that doesn't answer to time." Darla Slipke of The Oklahoman has this report. The newspaper's extensive coverage of the bombing's 20th anniversary can be accessed via this link.

And The Los Angeles Times reports that "After Oklahoma City bombing, McVeigh's arrest almost went unnoticed."
Posted at 11:18 AM by Howard Bashman



"In Changing Times, Rethink Life Tenure for Justices": Kenneth Jost has this post online today at his blog, "Jost On Justice."
Posted at 10:56 AM by Howard Bashman


"Gender, not sexuality, matters in marriage fight; Bans on gay unions illegal because they discriminate against men & women, not gays": Law professors Andrew Koppelman and Ilya Somin have this essay online at USA Today.
Posted at 10:52 AM by Howard Bashman


"Supreme Court Justice Samuel Alito gives Pittsburgh, Erie dioceses birth control opt-out win": Peter Smith of The Pittsburgh Post-Gazette has this report.

Ed Palattella of The Erie Times-News reports that "Erie diocese gets temporary stay in birth-control case."

And Natasha Lindstrom of The Pittsburgh Tribune-Review reports that "Justice halts religious groups' birth control opt-out role."

My earlier coverage of Wednesday night's U.S. Supreme Court order can be accessed here.
Posted at 10:33 AM by Howard Bashman



"Utah Supreme Court request could have big implications for state's bid to claim roads on federal land": Kristen Moulton of The Salt Lake Tribune has an article that begins, "Three federal judges are asking the Utah Supreme Court to clarify the meaning of a short section of Utah law that has big implications for counties' claims to roads criss-crossing federal lands."
Posted at 10:27 AM by Howard Bashman


"Nevada appeals court creation forces cut in number of Supreme Court justices": The Las Vegas Review-Journal has this report.
Posted at 10:24 AM by Howard Bashman


"States Can't Get Elite Attorneys to Defend Their Gay Marriage Bans? Good!" Law professors David S. Cohen and Leonore Carpenter have this essay online at Slate.
Posted at 10:22 AM by Howard Bashman


Saturday, April 18, 2015

"FBI overstated forensic hair matches in nearly all trials before 2000": Spencer S. Hsu of The Washington Post has this report.
Posted at 11:03 PM by Howard Bashman


"Voting Rights, by the Numbers": Sunday's edition of The New York Times will contain an editorial that begins, "When the Supreme Court struck down the heart of the Voting Rights Act in 2013, its main argument was that the law was outdated."
Posted at 10:58 PM by Howard Bashman


"40 years later, story of a same-sex marriage in Colo. remains remarkable": Robert Barnes will have this article in Sunday's edition of The Washington Post.
Posted at 10:44 PM by Howard Bashman


"SJC upholds $63m verdict in Children's Motrin case": Jeremy C. Fox and Martin Finucane have this article in today's edition of The Boston Globe.

Neal Simpson of The Patriot Ledger of Quincy, Massachusetts today has a front page article headlined "Court upholds $63M judgment in allergic reaction case."

The Boston Herald has an article headlined "Court OKs $63m award in Children's Motrin case; Rules against Johnson & Johnson."

NJ.com reports that "Judge upholds $63M ruling against Johnson & Johnson for girl's rare reaction."

The Associated Press reports that "Massachusetts highest court upholds $63M judgment against maker of Children's Motrin."

And Sindhu Sundar of Law360.com reports that "J&J Can't Dodge $63M Verdict In Children's Motrin Case" (subscription required for full access).

You can access yesterday's unanimous ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 10:09 PM by Howard Bashman



"Amicus: The Politics of Law -- In anticipation of big decisions on marriage equality and Obamacare, many are talking about the balance of political power on the Supreme Court; Is that fair?" Slate today has posted online the new installment of its "Amicus" podcast featuring Dahlia Lithwick, with guests Eric Segall and Adam Liptak.

Segall discusses his recent essay at The Daily Beast titled "The Supreme Rivalry That Runs America: The power struggle between Chief Justice John Roberts and Justice Anthony Kennedy might have more say in this summer's same-sex marriage vote than you think."
Posted at 09:25 PM by Howard Bashman



"Appellate court panel considers states' case against Obama immigration plan": Aaron Nelsen of The San Antonio Express-News has this report. You can freely access the full text of the article via Google.

And Josh Gerstein of Politico.com reports that "Court chilly to Barack Obama immigration moves."

This blog's earlier coverage of yesterday's Fifth Circuit oral argument (129 MB mp3 audio file) can be accessed here and here.
Posted at 10:28 AM by Howard Bashman



"Obamacare repeal falls off Republicans' to-do list as law takes hold": Noam N. Levey of The Los Angeles Times has this report today.
Posted at 10:18 AM by Howard Bashman


"Response to media coverage of Lord Neuberger's lecture 'Fairness in the courts'": Today, the Supreme Court of the United Kingdom issued a news release that begins, "A Supreme Court spokesman said: 'Following various media reports based on a lecture he gave last week, Lord Neuberger would like to emphasise that he did not say that Muslim women should be allowed to wear a full-face veil while giving evidence in court.'"

The news release concludes by stating that "The Supreme Court has written to the editors of the national newspapers which carried inaccurate stories with a letter for publication" and by providing a link to the text of Lord Neuberger's prepared remarks.

My earlier coverage of this matter appeared in this post from yesterday.
Posted at 10:15 AM by Howard Bashman



"Court: Rare coins belong to jeweler's family." Chris Mondics has this front page article in today's edition of The Philadelphia Inquirer.

My earlier coverage of yesterday's divided three-judge panel Third Circuit ruling can be accessed here.
Posted at 10:12 AM by Howard Bashman



"Preview on same-sex marriage -- Part IV, Supporting the state bans": Lyle Denniston has this post -- the fourth in a four-part series -- today at "SCOTUSblog."
Posted at 10:06 AM by Howard Bashman


Friday, April 17, 2015

"Court Orders U.S. Mint to Return Famed Coins to Family; Government confiscated Double Eagle gold coins from Langbord family in 2004": Ashby Jones will have this article in Saturday's edition of The Wall Street Journal. You can freely access the full text of the article via Google.

The Associated Press reports that "Family wins back seized gold coins that could be worth $80M."

And Kurt Orzeck of Law360.com reports that "3rd Circ. Says Feds Must Return Seized Coins Worth $76M" (subscription required for full access).

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 11:35 PM by Howard Bashman



"When Associates Leave Their Jobs to Clerk at the Supreme Court: Four Bancroft associates to leave this summer for the high court and the D.C. Circuit." 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 09:33 PM by Howard Bashman


"Oklahoma Gov. Mary Fallin signs bill adding nitrogen gas as state execution method": Barbara Hoberock of The Tulsa World has this news update.
Posted at 09:00 PM by Howard Bashman


"The Rule of History: Magna Carta, the Bill of Rights, and the hold of time." Jill Lepore has this "A Critic at Large" essay in the April 20, 2015 issue of The New Yorker.
Posted at 08:44 PM by Howard Bashman


"Kansas Becomes First State To Ban Second Trimester Abortion Procedure": This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:40 PM by Howard Bashman


"Death for Boston Marathon bomber Dzhokhar Tsarnaev? It's not the victims' call." Michael McGough of The Los Angeles Times has this report.
Posted at 08:35 PM by Howard Bashman


"Amen, Canada! The Canadian Supreme Court, unlike the United States' Supreme Court, understands that sectarian prayer is sectarian." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:30 PM by Howard Bashman


"Appeals Panel Weighs Fate of Obama's Immigration Overhaul After Intense Hearing": Michael D. Shear of The New York Times has this news update.

David Nakamura of The Washington Post has a news update headlined "Justice lawyers make appeal to lift stay on Obama immigration actions."

The Los Angeles Times has a news update headlined "Constitutional or not? Court weighs Obama's deportation deferrals."

Nathan Koppel of The Wall Street Journal reports that "Obama Administration Appeals Texas Judge's Immigration Order; Justice Department and lawyers for a coalition of 26 mostly Republican states face off at hearing." You can freely access the full text of the article via Google.

And this evening's broadcast of the PBS NewsHour had a video segment titled "What's next for Obama's immigration actions in court?"
Posted at 08:12 PM by Howard Bashman



"Business group, econ profs urge SCOTUS to hear foreign antitrust case": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 03:40 PM by Howard Bashman


"Appeals court hears arguments on Obama immigration action": The Associated Press has a report that begins, "Federal appeals judges peppered lawyers on both sides with questions in a fight over President Barack Obama's move to shield millions of immigrants from deportation."

And Reuters reports that "U.S. appeals court judges skeptical over lifting hold on Obama immigration order."

You can access the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit via this link (129 MB mp3 audio file).
Posted at 03:22 PM by Howard Bashman



"Obama's Immigration Overhaul, Halted by Judge, Comes Before Appeals Court": Michael D. Shear of The New York Times has this report.

The Washington Post reports that "Panel to hear appeal on Obama immigration actions."

The San Antonio Express-News reports that "26 states battling Obama's expanded immigration plan go to court today."

Reuters has reports headlined "Immigration fight heads to federal appeals court" and "Obama lawyers may face favorable court in immigration fight."

And Bloomberg News reports that "Obama Seeks Conservative Court's Relief on Immigration Plan Halt."
Posted at 01:35 PM by Howard Bashman



"Federal appeals court to take up Obama's immigration action": The Associated Press has a report that begins, "As demonstrators gathered Friday outside a New Orleans federal courthouse, appellate judges were preparing to consider whether to lift a temporary hold imposed by a federal judge in Texas on President Barack Obama's executive action seeking to shield millions of immigrants from deportation."
Posted at 12:25 PM by Howard Bashman


"Scalia: Statutes' merit not my call; Justice visits Mountain Home." Bill Bowden of The Arkansas Democrat-Gazette has this report. According to the article, "When asked about media coverage of the Supreme Court, Scalia had plenty to say. 'They don't like conservatives on the court, or anywhere else for that matter,' he said. 'They do a lousy job. You can't expect them to do a good job.'"
Posted at 10:38 AM by Howard Bashman


"DOJ wants Obama immigration actions to proceed while case is appealed": Ariane de Vogue of CNN.com has this report.

And Warren Richey of The Christian Science Monitor reports that "Federal appeals court to take up Obama's executive action on immigration; On Friday, government lawyers will ask the Fifth Circuit Court of Appeals to allow the president's executive action on immigration to move forward while a legal challenge filed by 26 states works its way through the courts."
Posted at 10:35 AM by Howard Bashman



"Gay rights and religious liberty: Can Americans have both? From an Indiana pizzeria to a Washington State florist, America is grappling with a clash between gay rights and religious liberty." Warren Richey of The Christian Science Monitor has this report.
Posted at 10:32 AM by Howard Bashman


"Meeting McVeigh: Given the opportunity to express some measure of remorse, he offered none at all." Kevin Johnson of USA Today has this report, along with an article headlined "Oklahoma bombing legacy: Victims' rights; Tragedy joined survivors, families of dead in making changes that continue today."
Posted at 10:28 AM by Howard Bashman


"US attorney says sentiments of all Marathon victims are important": In today's edition of The Boston Globe, Milton J. Valencia has an article that begins, "The Richard family's public plea for prosecutors to abandon their quest for the death penalty for Boston Marathon bomber Dzhokhar Tsarnaev comes days before jurors are set to return to federal court to begin the grueling process of determining Tsarnaev's punishment."

The article is referring to an essay titled "To end the anguish, drop the death penalty: In Bill and Denise Richard's own words."
Posted at 10:25 AM by Howard Bashman



"Guide to the Amicus Briefs in Obergefell v. Hodges: The Same-Sex Marriage Cases." Ruthann Robson had this post yesterday at the "Constitutional Law Prof Blog."
Posted at 10:18 AM by Howard Bashman


"Let Muslim women wear a full-face veil in court, says head of Supreme Court as he warns over bias against poor and foreign defendants ": The Daily Mail (UK) has an article that begins, "Muslim women should be allowed to wear a full-face veil while appearing in court, Britain's most senior judge has suggested."
Posted at 08:35 AM by Howard Bashman


"New Arizona law puts subsidized health insurance at risk": The Arizona Republic has an article that begins, "Gov. Doug Ducey signed a bill that could jeopardize health insurance for more than 150,000 Arizonans if the U.S. Supreme Court rejects subsidized coverage in Arizona and 33 other states."
Posted at 08:33 AM by Howard Bashman


"Time for Supreme Court transparency: Americans deserve to see their government at work every time the court convenes." U.S. Representative Mike Quigley (D-IL) has this essay online today at USA Today.
Posted at 08:30 AM by Howard Bashman


Thursday, April 16, 2015

"Some Fear Fallout From Preet Bharara's Tension With Judges": James B. Stewart will have this essay in Friday's edition of The New York Times.
Posted at 11:18 PM by Howard Bashman


"Clashes Intensify Over Stalled Nomination of Loretta Lynch": This article will appear in Friday's edition of The New York Times.
Posted at 11:14 PM by Howard Bashman


"The key players in Obama's appeal on deportation deferral program": The Los Angeles Times has an article that begins, "State and federal lawyers on opposite sides of the immigration divide are set to square off in federal appeals court Friday before three judges who will decide whether to lift a temporary stay on President Obama's executive action, which seeks to shield up to 5 million people from deportation."

And The Pittsburgh Tribune-Review reports that "Federal judge who blocked Obama immigration order painted as unbiased."

The oral argument from the injunction order will occur tomorrow morning before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit sitting in New Orleans. When the oral argument audio becomes available online, I will link to it.
Posted at 11:04 PM by Howard Bashman



"3rd Circ. Rules Aaron's Spying Classes Aren't Too Broad": Joe Van Acker of Law360.com has a report (subscription required for full access) that begins, "Consumers accusing Aaron's Inc. and dozens of its franchisees of spying on them through leased computers were wrongly denied class certification by a federal judge who improperly determined that their proposed class couldn't be ascertained because it was overly broad, the Third Circuit ruled Thursday."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link. Circuit Judge Marjorie O. Rendell issued a concurring opinion calling on the Third Circuit "to retreat from our heightened ascertainability requirement in favor of following the historical meaning of ascertainability under Rule 23."
Posted at 10:54 PM by Howard Bashman



"Candidates says $500,000 contribution will level the field in GOP primary for Supreme Court": The Associated Press has a report that begins, "A candidate who received the largest single campaign contribution reported so far in Pennsylvania's Supreme Court race said Thursday that the $500,000 will make him competitive in the May 19 Republican primary."
Posted at 10:18 PM by Howard Bashman


"Five key arguments loom in gay marriage case": Richard Wolf of USA Today has this report.
Posted at 09:28 PM by Howard Bashman


"Surf, Cry, Sue: Tort lawyers could burst class-action floodgates unless High Court acts." This editorial will appear in Sunday's edition of The Wall Street Journal. You can freely access the full text of the editorial via Google.
Posted at 09:14 PM by Howard Bashman


"Obama's climate change policy appears to survive early court challenge": David G. Savage of The Los Angeles Times has this report.

Coral Davenport of The New York Times reports that "Judges Skeptical of Challenge to Proposed E.P.A. Rule on Climate Change."

Amy Harder of The Wall Street Journal reports that "Appeals Court Skeptical of Case Against EPA Climate Rule; Judges indicate a lawsuit is premature because the rule isn't final." You can freely access the full text of the article via Google.

And Andrew Zajac of Bloomberg News reports that "Obama Carbon Rule Foes Face Skeptical Judges on Early Filing."
Posted at 09:10 PM by Howard Bashman



"Anita Hill Named Distinguished Faculty Member at Brandeis": Bloomberg News has this report.

Yesterday, Brandeis University issued a news release titled "Anita Hill named University Professor."
Posted at 08:54 PM by Howard Bashman



"Death Penalty For Tsarnaev Increasingly Unpopular, WBUR Poll Finds": WBUR-FM of Boston has this report.
Posted at 07:28 PM by Howard Bashman


"As U.S. gay-marriage battle looms, attorneys fight over fees": Joan Biskupic of Reuters has this report.
Posted at 04:44 PM by Howard Bashman


"U.S. judges raise doubts about early challenge for EPA carbon rules": Reuters has this report.

You can access the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit via this link (57.6 MB mp3 audio file). Laurence H. Tribe presents oral argument approximately 40 minutes into the audio recording.

Update: In other coverage, Jeremy P. Jacobs of Greenwire reports that "Skeptical judges question attack on EPA's proposed rule."
Posted at 03:14 PM by Howard Bashman



"Accused Facebook fraud fugitive still missing, U.S. appeals court hears": Nate Raymond of Reuters has this report.
Posted at 02:51 PM by Howard Bashman


"Ex-justice Orie Melvin sends out apology letters to state judiciary": Paula Reed Ward of The Pittsburgh Post-Gazette has this news update.

And Bobby Kerlik of The Pittsburgh Tribune-Review has a news update headlined "Joan Orie-Melvin sends second round of letters, more contrite, to judges."
Posted at 02:10 PM by Howard Bashman



"Supreme Court Stops Government Mandate for Fifth Time in a Row; Ruling protects Pennsylvania Catholic Charities; nuns may be next": The Becket Fund for Religious Liberty today issued this news release about an order that Justice Samuel A. Alito, Jr. issued last night
Posted at 02:06 PM by Howard Bashman


The Associated Press today provides extensive coverage of the same-sex marriage cases pending before the U.S. Supreme Court: You can access reports headlined "Gay marriage issue complicates immigration, motherhood"; "Legally married at work, but not at home"; "California couple part of Tennessee gay marriage challenge"; "Together 35 years, waiting for the right to marry"; "Lack of legal rights makes raising 2 teens more stressful"; "A new baby pulled NY couple into Ohio gay marriage lawsuit"; and "Michigan gay marriage challenge began as adoption case."
Posted at 01:12 PM by Howard Bashman


"Court skeptical of challenge to Obama's climate change plan": Sam Hananel of The Associated Press has this report.
Posted at 01:04 PM by Howard Bashman


"Va. Supreme Court allows Yelp to keep IDs of online critics private": Frank Green of The Richmond Times-Dispatch has this news update.

The Washington Post has a news update headlined "Yelp won't have to turn over names of anonymous users after court ruling."

The Washington Times has a news update headlined "Yelp can keep negative reviewers' IDs private, Va. Supreme Court rules."

And The Associated Press reports that "Virginia court rules state judge lacked authority to order Yelp to divulge users' identities."

You can access today's ruling of the Supreme Court of Virginia at this link.
Posted at 12:48 PM by Howard Bashman



"The Absurd Charge that Conservatives Have Been Bullied in the Marriage Equality Cases": David H. Gans has this post today at the "Text & History Blog" of the Constitutional Accountability Center.
Posted at 11:22 AM by Howard Bashman


"Mormon couple object to inclusion in U.S. Supreme Court gay marriage case": Jennifer Dobner of The Salt Lake Tribune has this report concerning one of the most unusual amicus briefs filed in these cases.

Zeke J Miller and Haley Sweetland Edwards of Time magazine report that "New Strategy Against Gay Marriage Divides GOP 2016 Field; Activists want to take on the Supreme Court."

And at the "Public Discourse" blog of The Witherspoon Institute, attorney Gene Schaerr has a post titled "Redefining Marriage Would Put Kids of Heterosexuals At Risk."
Posted at 10:58 AM by Howard Bashman



"'100 percent vindication': Ladera Ranch air marshal fired for whistleblowing wins another ruling." The Orange County Register has this report.
Posted at 10:54 AM by Howard Bashman


"State to highlight will of voters in gay marriage case": Oralandar Brand-Williams of The Detroit News has this report, along with an article headlined "Gay couple's marriage battle all about 'our children.'"
Posted at 10:42 AM by Howard Bashman


"Stories of love, life, death in high court gay marriage case": Mark Sherman of The Associated Press has this report.
Posted at 10:33 AM by Howard Bashman


"Justice Sandra Day O'Connor Honored for Promoting Civics Education": Mark Walsh has this post today at the "School Law" blog of Education Week.

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Female Supreme Court Justices Unite in Tribute to Sandra Day O'Connor." You can freely access the full text of the post via Google News.
Posted at 10:02 AM by Howard Bashman



"Fuller could still be impeached, despite dropped charges": Mary Troyan of The Montgomery Advertiser has an article that begins, "U.S. District Judge Mark Fuller has completed a pretrial diversion program and no longer faces a misdemeanor battery charge, but federal judges and Congress are still free to target him for other disciplinary action, including impeachment."

And that newspaper also has a related editorial titled "Fuller's record expunged, but not concerns."
Posted at 09:44 AM by Howard Bashman



"The right finds a fresh voice on same-sex marriage": Robert Barnes of The Washington Post has this report.

And today's broadcast of NPR's "Morning Edition" contained an audio segment titled "A North Dakota Family Breaks The Silence On Gay Marriage."
Posted at 09:23 AM by Howard Bashman



Access online the transcript of the Appellate Rules Hearing held in Washington, DC on April 1, 2015 to consider the pending proposed amendments to the Federal Rules of Appellate Procedure: You can access the transcript via this link. The main topic of discussion was the proposed FRAP briefing word limit reduction.

Once I have read the transcript, I will likely have more to say on the subject. And beginning one week from today in Philadelphia, the Advisory Committee on Appellate Rules is scheduled to hold a two-day meeting. I am planning to attend and observe that meeting so that I can provide readers of this blog with a first-hand account of what occurs.
Posted at 09:20 AM by Howard Bashman



"S.C. Supreme Court agrees to hear multimillion dollar Episcopal lawsuit": The Post and Courier of Charleston, South Carolina has this report.
Posted at 08:14 AM by Howard Bashman


"Obama nominates Minnesota Supreme Court Justice Wilhelmina Wright for federal judge seat": The Minneapolis Star Tribune has this blog post.
Posted at 08:12 AM by Howard Bashman


"The Trials of John Roberts: Supreme Court cases on gay marriage and the Affordable Care Act test the chief justice's commitment to judicial restraint." Jeffrey Rosen has this essay online at The Atlantic.
Posted at 08:09 AM by Howard Bashman


"Speaking Truth to the Supreme Court": Linda Greenhouse has this essay online today at The New York Times.
Posted at 08:03 AM by Howard Bashman


Wednesday, April 15, 2015

"Quebec town can't have prayers at council meetings, Supreme Court rules": The Toronto Globe and Mail has this report.

And The Montreal Gazette reports that "Cities dropping prayers, but politicians in Quebec City stick to crucifix in legislature."

You can access today's ruling of the Supreme Court of Canada at this link.
Posted at 11:36 PM by Howard Bashman



"If the separation of powers means anything, it must mean that the prosecutor isn't allowed to define the crimes he gets to enforce." So writes Circuit Judge Neil M. Gorsuch in a lengthy dissent today from the Tenth Circuit's denial of rehearing en banc in a SORNA case implicating a split with a ruling from the U.S. Court of Appeals for the Eighth Circuit.
Posted at 11:30 PM by Howard Bashman


"Appeals Court Agrees to Review Sirius XM's Challenge Over Pre-1972 Music; The 2nd Circuit will take up the issue of whether New York protects the public performance of older songs -- and whether that violates the U.S. Constitution": Eriq Gardner has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 10:57 PM by Howard Bashman


"Dismembered Protections: These new abortion bans may be the most dangerous yet." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:54 PM by Howard Bashman


"The 2nd Circuit can't agree on reach of civil RICO. Next stop SCOTUS?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight today has a report that begins, "If there was any doubt about the complexity of applying the U.S. Supreme Court's 2010 ruling in Morrison v. National Australia Bank to the Racketeer Influenced and Corrupt Organizations Act, it was resolved Monday by the 2nd U.S. Circuit Court of Appeals in a case called European Community v. RJR Nabisco."

My earlier coverage of the Second Circuit's recent order denying rehearing en banc, and the opinions concurring in and dissenting therefrom, can be accessed here.
Posted at 06:00 PM by Howard Bashman



"Radio Connects North Dakota Residents Divided On Gay Rights": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 04:52 PM by Howard Bashman


"Supreme Court Has Opportunity To Halt Lawsuits By Uninjured Plaintiffs": Rich Samp of Washington Legal Foundation has this post today at Forbes.com.
Posted at 01:10 PM by Howard Bashman


"Chief Justice Roberts reports for jury duty in a Maryland court": Robert Barnes and Dan Morse of The Washington Post have this news update.
Posted at 01:05 PM by Howard Bashman


"What to watch for in federal court hearing on EPA carbon rules": Reuters has this report.
Posted at 12:30 PM by Howard Bashman


"The Death Penalty Deserves the Death Penalty": Lincoln Caplan has this post online today at The New Yorker.
Posted at 12:27 PM by Howard Bashman


"The Fifth Circuit Jumps the Non-Article III Shark": Steve Vladeck has this post today at "PrawfsBlawg."

And today at the "Maryland Appellate Blog," Steve Klepper has a post titled "The Judicial Policy Implications of Reckless Driving on Federal Land."

My earlier coverage of yesterday's divided Fifth Circuit ruling appears at this link.
Posted at 12:24 PM by Howard Bashman



"Superior Court panel starts session in Pottsville": The Republican Herald of Pottsville, Pennsylvania has this report, along with an article headlined "Superior Court panel hears 3 county cases."
Posted at 08:40 AM by Howard Bashman


"Appeals court backs Wal-Mart on barring stockholder proposal": The Arkansas Democrat-Gazette has this report.

The Washington Times reports that "Wal-Mart wins gun-sales case against investors who want to bar such purchases."

The Wall Street Journal reports that "Court Lets Wal-Mart Block Investor Proposal on Gun Sales; New York church had challenged sales of semiautomatic rifles." You can freely access the full text of the article via Google.

And Jonathan Stempel of Reuters reports that "Wal-Mart defeats bid for shareholder vote on gun sales."

My earlier coverage of yesterday's Third Circuit order appears at this link.
Posted at 08:34 AM by Howard Bashman



"Proposed Maryland Rule Heads Wrong Way on Unpublished Opinions": David R. Cleveland has this post at the "Appellate Advocacy Blog."
Posted at 08:26 AM by Howard Bashman


"Federal Circuit takes on En Banc Patent Exhaustion Case to Examine Impact of Kirtsaeng and Quanta": Dennis Crouch has this post at "Patently-O."
Posted at 08:23 AM by Howard Bashman


"San Jose takes fight against MLB to U.S. Supreme Court": Howard Mintz of The San Jose Mercury News has this report.
Posted at 08:15 AM by Howard Bashman


"Preview on same-sex marriage -- Part III, Supporting the couples": Lyle Denniston has this post -- the third in a four-part series -- today at "SCOTUSblog."
Posted at 08:14 AM by Howard Bashman


"Ignorance of the Law: A recent Supreme Court ruling allows the kind of traffic stop that led to Walter Scott's death." Cristian Farias has this jurisprudence essay online at Slate.
Posted at 08:10 AM by Howard Bashman


Tuesday, April 14, 2015

May a federal magistrate judge try, convict, and sentence a defendant for a petty offense committed on a federal enclave over the defendant's objection and insistence on an Article III judicial officer? The majority on a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit answered "yes" in a decision issued today.

Circuit Judge Stephen A Higginson issued an interesting dissenting opinion that you can access here.
Posted at 11:58 PM by Howard Bashman



"Guam attorney general directs Public Health to immediately begin processing gay marriage applications": The Pacific Daily News of Guam has this update.

And The Associated Press reports that "Guam to process gay marriage license applications."
Posted at 11:45 PM by Howard Bashman



"Posner Mania -- Two New Books Coming this January: One by Posner, the other on Posner." Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 11:42 PM by Howard Bashman


"Sandra Day O'Connor's post-court legacy: Civics games." Greg Toppo of USA Today has this report.
Posted at 10:15 PM by Howard Bashman


"Same-sex marriage: Join the club." Steven Mazie has this post today at the "Democracy in America" blog of The Economist.
Posted at 06:00 PM by Howard Bashman


"Feds: Judge 'misconstrued' Obama on immigration." Josh Gerstein of Politico.com has a blog post that begins, "A federal judge got it wrong last week when he claimed President Barack Obama indicated that the changes he ordered to immigration policy late last year left immigration officials without discretion about how to handle specific cases, the Justice Department argued in a federal appeals court filing Tuesday."
Posted at 05:56 PM by Howard Bashman


"Battery charge against U.S. judge dropped, angering congresswoman": Reuters has this report.
Posted at 05:54 PM by Howard Bashman


"Sealed Tsarnaev Court Records: 'An Epidemic of Secrecy.'" Boston.com has this report.
Posted at 05:50 PM by Howard Bashman


"Wal-Mart Wins Appeals Court Ruling on Gun Oversight Vote": Bloomberg News has this report on an order (with opinion to follow) that a three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 04:33 PM by Howard Bashman


"This year's fight for the tech industry: Patent trolls." The Associated Press has this report.
Posted at 04:02 PM by Howard Bashman


"Gay mentor, belief in dignity at roots of Kennedy's views": Mark Sherman of The Associated Press has a report that begins, "The Irish Catholic boy who came of age in Sacramento after World War II is an unlikely candidate to be the author of the Supreme Court's major gay rights rulings."
Posted at 02:33 PM by Howard Bashman


"Wisconsin Chief Justice Shirley Abrahamson should drop her lawsuit": The Milwaukee Journal Sentinel has published this editorial.
Posted at 01:44 PM by Howard Bashman


"Alabama blogger ordered to pay $3.5 million in defamation lawsuit": Kent Faulk of The Birmingham News has this report.
Posted at 01:37 PM by Howard Bashman


"The Legal War Over Net Neutrality Has Begun: Groups representing all the major cable and phone companies have filed lawsuits against the FCC's rules." Brendan Sasso of National Journal has this report.

According to the article, "The National Cable and Telecommunications Association, which lobbies for Comcast and other major cable companies, is being represented by former U.S. Solicitor General Ted Olson and former U.S. Assistant to the Solicitor General Miguel Estrada."
Posted at 01:32 PM by Howard Bashman



"Appeals court affirms dismissal of Ron Johnson's Obamacare lawsuit": Patrick Marley of The Milwaukee Journal Sentinel has this news update reporting on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.

In today's ruling, the Seventh Circuit decides to take the side of the Tenth Circuit in a split with the D.C. Circuit concerning whether "a political figure's assertion, without more, that the receipt (or option of receiving) a benefit will hurt his or her reputation or electoral prospects is [ ]sufficient to establish standing."
Posted at 01:15 PM by Howard Bashman



"'Leave the Ohio Democratic Party immediately,' Justice O'Neill tells fellow Dems; Ohio Supreme Court justice makes Facebook post after party endorses Strickland for U.S. Senate": Jessica Wehrman of The Columbus Dispatch has this report.
Posted at 01:05 PM by Howard Bashman


"Tsarnaev jurors can't watch Marathon, bombing anniversary coverage": Patricia Wen and Milton J. Valencia of The Boston Globe have a news update that begins, "The judge in the trial of Dzhokhar Tsarnaev told jurors Tuesday that the sentencing phase of the Boston Marathon bombing trial could last about four weeks."

Laurel J. Sweet of The Boston Herald has a news update headlined "Judge tells Tsarnaev jurors to avoid marathon, memorial events."

Reuters reports that "Boston bomb trial jurors barred from this year's marathon."

And The Associated Press has a report headlined "Judge: Jurors in Tsarnaev trial can't attend Boston Marathon."
Posted at 11:33 AM by Howard Bashman



"In N.D., Church Ceremonies Push Town To Grapple With Gay Rights": This audio segment appeared on today's broadcast of NPR's "Morning Edition."

And yesterday's broadcast contained a related audio segment titled "What We Talk About When We Talk About Gay Marriage."
Posted at 11:25 AM by Howard Bashman



"Constitution Check: Can Congress step in and decide how a court case should come out?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:50 AM by Howard Bashman


"Civil rights case filed to stop Florida boy's circumcision": The Associated Press has a report that begins, "The battle over a Florida boy's circumcision has moved to federal court."
Posted at 10:04 AM by Howard Bashman


"A 'thank you' to Ann Fessenden": Today at his "Hercules and the umpire" blog, Senior U.S. District Judge Richard G. Kopf has a post that begins, "Ann Fessenden will soon retire as the Eighth Circuit Librarian and Secretary to the Historical Society for the United States Courts in the Eighth Circuit."

Despite my not having made an appearance at a law librarians' convention during my Ninth Circuit-related visit to Seattle in July 2013, this blog certainly has great admiration for law librarians, especially since so many of them seem to enjoy this blog. (In a eerie coincidence, the 2015 law librarians' convention will be occurring in Philadelphia, Pa., making it so very easy for me to make an appearance at this year's convention.)
Posted at 09:57 AM by Howard Bashman



"'Bust a Moot' (ft. Elena Kagan and Eliot Spitzer)": "Harvard Parody: The totally unofficial blog of the Harvard Law School Drama Society" has posted this video on YouTube. And you can access the lyrics via this blog post.
Posted at 09:46 AM by Howard Bashman


"Professor Bibas makes argument for Supreme Court Clinic to help homeowners trying to save their homes": Penn Law has this report.
Posted at 08:29 AM by Howard Bashman


"Could the Supreme Court screw up Obamacare even worse than we thought?" Sarah Kliff of Vox has this report on a post titled "Could new state exchanges qualify for subsidies?" that Nicholas Bagley had yesterday at "The Incidental Economist" blog.
Posted at 08:25 AM by Howard Bashman


"Gay marriage case before Supreme Court is a battle over one word: single." Timothy M. Phelps of The Los Angeles Times has this report.

And Time magazine reports that "New Strategy Against Gay Marriage Divides GOP 2016 Field."
Posted at 08:22 AM by Howard Bashman



"How Not to Protect Pregnant Women": Law professor Deborah Tuerkheimer had this op-ed in yesterday's edition of The New York Times.
Posted at 08:12 AM by Howard Bashman


"Strip searches in Burlco may be costly; Judge's ruling that the county violated the law could end up costing millions": Yesterday's edition of The Philadelphia Inquirer contained an article that begins, "Burlington County has violated a New Jersey law that prohibits strip searches in minor-offense cases unless there is a reasonable suspicion that weapons, drugs, or other contraband are being concealed, a federal judge decided last month in a case filed seven years ago, before the U.S. Supreme Court weighed in on the issue."
Posted at 08:06 AM by Howard Bashman


"Overseer in water wars case orders that records be kept secret": Greg Bluestein of The Atlanta Journal-Constitution has this report.
Posted at 08:04 AM by Howard Bashman


"Preview on same-sex marriage -- Part II, The states' views": Lyle Denniston has this post -- the second in a four-part series -- today at "SCOTUSblog."
Posted at 08:02 AM by Howard Bashman


Monday, April 13, 2015

"Conservative group seeks to intervene in chief justice case": Patrick Marley of The Milwaukee Journal Sentinel has this report.

And Dee J. Hall of The Wisconsin State Journal reports that "Legal experts disagree on merits of chief justice lawsuit."
Posted at 11:58 PM by Howard Bashman



"Fresh battles over gay rights erupt in states as Supreme Court hearing nears": Sandhya Somashekhar of The Washington Post has this report.

Dennis Romboy of The Deseret News reports that "LDS Church, other religions urge Supreme Court to favor traditional marriage."

The Salt Lake Tribune reports that "Mormon church joins other faiths in asking U.S. Supreme Court for same-sex marriage ban."

And The Cleveland Plain Dealer reports that "Gay marriage U.S. Supreme Court plaintiff Jim Obergefell visits Capitol Hill from Ohio."
Posted at 11:47 PM by Howard Bashman



"Lawsuit Seeks Background on DOJ 'Apology' in Supreme Court Indian Cases; Freedom of Information Act suit seeks records about Neal Katyal's remarks in 2011": Tony Mauro has this post (with related video) today at "The BLT: The Blog of Legal Times."

You can freely access the full text of the post via Google News.
Posted at 10:28 PM by Howard Bashman



"Actavis: No apologies for seeking Alzheimer's drug profits." The Associated Press has this report on the oral argument that Lisa S. Blatt delivered today on behalf of Actavis in the U.S. Court of Appeals for the Second Circuit.

Unfortunately, the Second Circuit remains one of the few federal appellate courts that refuses to make the audio or video of its oral arguments readily available online.
Posted at 10:26 PM by Howard Bashman



"Officials react after concerns over Islamic law nix proposal": The Associated Press has a report that begins, "Idaho is at risk of losing millions of dollars in federal child support funding after conservatives in the Legislature killed a measure that would have brought the state into compliance with federal rules."

And in earlier coverage, The AP reported last Friday that "Idaho House panel kills bill because of Sharia law worries."
Posted at 06:00 PM by Howard Bashman



"Enshrining Rights in Constitution by Judicial Fiat Carries Risks": Tomorrow's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers, will contain this month's installment of my "Upon Further Review" column.

You can freely access the full text of the column via Google News.
Posted at 05:50 PM by Howard Bashman



"GOP judges in the majority on Obama immigration stay": Josh Gerstein of Politico.com has a blog post that begins, "A federal appeals court panel assigned to consider whether to temporarily lift a block on President Barack Obama's latest round of immigration-related executive actions leans Republican, 2-1, and contains a sharply conservative judge who drew national attention for clashing with the administration over Obama's health care reform law."
Posted at 05:42 PM by Howard Bashman


"Senator Mike Lee: Our Lost Constitution." Last Thursday, U.S. Senator Mike Lee (R-UT) spoke at the National Constitution Center about his new book. You can view the video of the event online by clicking here.
Posted at 04:50 PM by Howard Bashman


Access online the contents of the April 2015 issue of the Harvard Law Review: Via this link.
Posted at 04:45 PM by Howard Bashman


"U.S. court weighs whether to let Actavis drop Alzheimer's drug": Reuters has this report.
Posted at 04:40 PM by Howard Bashman


"Tennessee high court postpones all scheduled execution dates": The Associated Press has this report.
Posted at 04:38 PM by Howard Bashman


"Both sides ready arguments for case that could scotch EPA power plant rule": Jeremy P. Jacobs of Greenwire has this report on a case scheduled for oral argument Thursday in the U.S. Court of Appeals for the D.C. Circuit.
Posted at 03:46 PM by Howard Bashman


"Gay couple files marriage lawsuit": The Pacific Daily News of Guam has an article that begins, "Two women blocked from filing an application for marriage last week have filed a federal lawsuit against the governor and the Department of Public Health and Social Services Office of Vital Statistics registrar at the District Court of Guam."

And The Associated Press reports that "Same-sex couple on Guam challenge island's marriage laws."
Posted at 03:34 PM by Howard Bashman



"New Jersey gay therapy ban is upheld over boy's challenge": Jonathan Stempel of Reuters has this report on the ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 02:48 PM by Howard Bashman


"U.S. court allows EU money-laundering case vs RJ Reynolds": Jonathan Stempel of Reuters has a report that begins, "A sharply divided U.S. appeals court on Monday cleared the way for the European Union to pursue its lawsuit accusing R.J. Reynolds of running a global money-laundering scheme that involved drug and cigarette smuggling."

You can access today's order of the U.S. Court of Appeals for the Second Circuit denying rehearing en banc -- and the opinion concurring in the order and four opinions dissenting therefrom -- at this link.

This time, it appears that the order denying rehearing and three of the five judges writing separately decided to opt for "en banc" rather than "in banc."

My earlier coverage of the unanimous three-judge panel's ruling in this case can be accessed here. And in August of last year, the panel issued this per curiam decision denying panel rehearing.
Posted at 01:14 PM by Howard Bashman



"Revealing Tsarnaev verdict fell to restaurant manager; Panel picked Juror 286 as foreperson to organize deliberations": Milton J. Valencia has this article in today's edition of The Boston Globe.

And also in today's edition of that newspaper, John R. Ellement reports that "Sister of slain MIT officer opposes death penalty for Tsarnaev."
Posted at 11:58 AM by Howard Bashman



"Conspirator in Ohio 82 bridge-bombing plot loses appeal": The Cleveland Plain Dealer has this report.

My earlier coverage of Friday's Sixth Circuit ruling can be accessed here.
Posted at 10:36 AM by Howard Bashman



"Ignoring the Supreme Court When You Don't Like the Result": Law professor Ronald D. Rotunda has this essay online today at Justia's Verdict.
Posted at 10:33 AM by Howard Bashman


"Not another Dred Scott case, please": Sam Erman and Nathan Perl-Rosenthal have this essay at CNN.com.
Posted at 09:54 AM by Howard Bashman


"Preview on same-sex marriage -- Part I, The couples' views": Lyle Denniston has this post -- the first in a four-part series -- today at "SCOTUSblog."
Posted at 09:52 AM by Howard Bashman


Sunday, April 12, 2015

"Chattanooga minister's Supreme Court case paved way for pastors in Tennessee Legislature": This front page article appears in today's edition of The Chattanooga Times Free Press.
Posted at 10:55 AM by Howard Bashman


Saturday, April 11, 2015

"Is the Supreme Court broken?" Gabe Roth has this essay online at msnbc.
Posted at 10:16 PM by Howard Bashman


"Nevada has 80 on death row, but no place to execute": The Las Vegas Review-Journal has this report.
Posted at 10:12 PM by Howard Bashman


"The Case Against Gay Marriage: Top Law Firms Won't Touch It." Adam Liptak will have this article in Sunday's edition of The New York Times.
Posted at 10:06 PM by Howard Bashman


"Stetson law prof took Gideon case to Supreme Court, but believed in the other side": The Tampa Bay Times has this report.
Posted at 10:00 PM by Howard Bashman


"Grieving widower takes lead in major gay marriage case": Richard Wolf of USA Today has this report.

And The Louisville Courier-Journal reports that "Gay marriage court briefs both wacky, profound."
Posted at 09:02 PM by Howard Bashman



"Maryland prepares for $200 million hit from Supreme Court tax case": The Washington Post has this report.
Posted at 08:57 PM by Howard Bashman


"Marriage Arrives: The Supreme Court is finally taking up same-sex marriage; How did we get here and what should we expect next?" This Amicus podcast featuring Dahlia Lithwick appears online at Slate.
Posted at 08:56 PM by Howard Bashman


"Death sentence upheld in 2004 slaying of Tulsa bank teller": The Tulsa World has this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued yesterday.

Circuit Judge Neil M. Gorsuch issued an interesting concurring opinion questioning the Oklahoma Court of Criminal Appeals' suggestion that it would be constitutional to execute accessories on a strict liability basis, without any showing of mens rea.
Posted at 08:30 PM by Howard Bashman



"In Massachusetts, a long and tortured death penalty history": The Associated Press has this report.
Posted at 03:47 PM by Howard Bashman


"Florist in gay rights storm: 'I'm a little grain of sand.'" The Associated Press has this report.
Posted at 03:42 PM by Howard Bashman


"The Supreme Court in the Citizens United Era: A Century After the Lochner Era, the Roberts Court Imposes a Startling New Corporatism on America." People for the American Way has posted online this report written by law professor Jamie Raskin.
Posted at 02:08 PM by Howard Bashman


"Big Business Groups, Facing a Criminal Investigation at Wisconsin Supreme Court, Succeed in Ousting Chief Justice": Billy Corriher has this blog entry at The Huffington Post. In this instance, "ousting" means removing from the post of Chief Justice at some point in the not too distant future, but not removing from the Supreme Court of Wisconsin altogether.
Posted at 02:05 PM by Howard Bashman


"Man loses appeal of sentence in school threats case": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 02:00 PM by Howard Bashman


"Here's A Look At The Most Ridiculously Long Judicial Vacancies The Senate Still Hasn't Filled": Jennifer Bendery of The Huffington Post has this report.
Posted at 01:57 PM by Howard Bashman


Apparently it's never too late to amend an opinion: Last month, the U.S. Supreme Court issued this decision vacating the Fourth Circuit's judgment in Young v. United Parcel Service.

Yesterday, the Fourth Circuit issued this amended version of its ruling originally issued in January 2013 affirming the district court's entry of summary judgment in favor of UPS -- a decision whose resulting judgment the Supreme Court vacated last month.
Posted at 01:42 PM by Howard Bashman



"From him that hath not": Benjamin Gould has this post at his "Appellate Briefs" blog about the decision that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued yesterday.
Posted at 01:34 PM by Howard Bashman


Friday, April 10, 2015

"Judge Does Not Allow Prince Andrew's Accuser to Join Suit": In Saturday's edition of The New York Times, Timothy Williams will have an article that begins, "A federal judge in Florida has ruled that a woman who claimed she was forced to have sex with Prince Andrew, Alan M. Dershowitz and others while she was a minor cannot make those claims in a lawsuit filed against an associate of the prince that she had sought to join."

Online yesterday at The Daily Beast, M.L. Nestel reported that "Dershowitz Hits Prince Andrew's 'Sex Slave' With Defamation Charges; A judge threw out allegations of sexual abuse against the Duke of York and renowned attorney Alan Dershowitz; Now an accuser's being sued."

Earlier this week, Pamela Manson of The Salt Lake Tribune reported that "Women represented by Utah law professor can't join lawsuit; Prince Andrew allegations stricken."

Sean P. Murphy of The Boston Globe reported that "Judge drops Dershowitz from lawsuit involving 'lurid' allegations."

And Andrew M. Duehren of The Harvard Crimson reported that "Judge Strikes Dershowitz Allegations From Record."
Posted at 10:14 PM by Howard Bashman



"Kansas Tries to Stamp Out Abortion": This editorial appears in today's edition of The New York Times.
Posted at 09:52 PM by Howard Bashman


"A Murderer at 14, Then a Lifer, Now a Man Pondering a Future": Erik Eckholm will have this article in Saturday's edition of The New York Times.
Posted at 09:48 PM by Howard Bashman


"U.S. senator seeks update on Mark Fuller investigation": Brian Lyman of The Montgomery Advertiser has this report.

And Kent Faulk of The Birmingham News reports that "11th Circuit Court panel hears more testimony on complaint against federal judge Mark Fuller."

You can view the letter requesting an update at this link.
Posted at 06:25 PM by Howard Bashman



"Pa. appeals court upholds $120M tobacco ruling in favor of state": The Philadelphia Inquirer has this news update reporting on a ruling that the Commonwealth Court of Pennsylvania issued today.
Posted at 01:50 PM by Howard Bashman


"Finding the least worst way to pick judges": Terry Madonna and Michael L. Young have this op-ed online at The Patriot-News of Harrisburg, Pennsylvania.
Posted at 01:42 PM by Howard Bashman


"With no-tipping policy, bosses can take tips, top court rules": Jack Newsham of The Boston Globe has a news update that begins, "A group of Dunkin' Donuts employees who sued their franchise owner over a no-tipping policy have lost their case before the state's top court."

You can access today's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 01:40 PM by Howard Bashman



"Banning 'conversion' therapy: Should politicians police the practice of medicine?" Michael McGough has this essay online today at The Los Angeles Times.
Posted at 01:34 PM by Howard Bashman


"Why is Blago's appeal dragging on and on?" Gerald D. Skoning has this essay online today at The Chicago Tribune.
Posted at 01:32 PM by Howard Bashman


Sixth Circuit affirms conviction and sentence of man convicted of conspiring with four others to bomb a bridge near Cleveland: A unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this ruling today.

A photograph of the bridge that was the intended target of the plot appears in an article that The Cleveland Plain Dealer published reporting on the start of this defendant's trial.
Posted at 12:14 PM by Howard Bashman



On rehearing en banc, Sixth Circuit rejects telecommuting as a disability accommodation in EEOC v. Ford Motor Co. You can access today's en banc ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.

My earlier coverage of the case, including coverage of the original divided three-judge panel's ruling, can be accessed here and here.
Posted at 12:05 PM by Howard Bashman



"A Brilliant Originalist Argument for Marriage Equality": Mark Joseph Stern has this essay online today at Slate.
Posted at 11:28 AM by Howard Bashman


"Some 'Teachable' First Amendment Moments in the Supreme Court's Oral Argument About Confederate Flags on Texas License Plates": At Justia.com's Verdict, law professor Vikram David Amar has this essay.
Posted at 08:40 AM by Howard Bashman


"Gay marriage supporters raising funds for legal fight": Todd Spangler of The Detroit Free Press has this report.
Posted at 08:37 AM by Howard Bashman


"Sotomayor says Supreme Court gets politicized by others": The Associated Press has this report.

And The New York Post's PageSix.com reports that "The Clooneys dine with Supreme Court Justice Sotomayor."
Posted at 08:33 AM by Howard Bashman



"The Supreme Court Needs to Decide: Can Victims Sue Chiquita For Sponsoring Terrorism?" Steven Cohen has this essay online at The New Republic.
Posted at 08:26 AM by Howard Bashman


"Judge declines to immediately halt chief justice amendment": Patrick Marley of The Milwaukee Journal Sentinel has an article that begins, "A federal judge declined Thursday to put an immediate halt on an amendment to the state constitution adopted by voters this week that would allow the members of the Wisconsin Supreme Court to choose the chief justice."

And The Associated Press reports that "Federal judge denies Justice Shirley Abrahamson's push to block amendment."
Posted at 08:23 AM by Howard Bashman



Thursday, April 9, 2015

"Montana Celebrates Browning Legacy": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit posted this news release online earlier this week.

Information on past installments of the Browning Distinguished Lectures in Law can be accessed via this link.
Posted at 11:03 PM by Howard Bashman



"50 years of privacy since Griswold: Gertner, Suk and Tribe discuss landmark case." Harvard Law Today posted this article online last week.
Posted at 10:08 PM by Howard Bashman


"Complicit as Sin: How gay marriage opponents transformed themselves from a religious majority to a religious minority." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:05 PM by Howard Bashman


"5 running for Pa.'s top court agree: Judicial races cost too much." This article appears in today's edition of The Philadelphia Inquirer.
Posted at 09:10 PM by Howard Bashman


"Support Gay Teens, Not Bad Laws": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 09:00 PM by Howard Bashman


"Roberts at 10: John Roberts and LGBT Rights -- The Jury is Still Out." Today, the Constitutional Accountability Center posted online this report written by Judith E. Schaeffer.
Posted at 08:53 PM by Howard Bashman


"11th Circuit to hear class cert challenge from moldy washer defendant": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 05:22 PM by Howard Bashman


"Spring 2015 Friends Lecture Luncheon -- An Afternoon with U.S. Supreme Court Justice Sonia Sotomayor": The New York Public Library hosted this event today, and you can view the video of the event via this link.
Posted at 05:10 PM by Howard Bashman


"Tsarnaev's lawyer faces perhaps her biggest challenge yet": The Associated Press has this report.
Posted at 05:05 PM by Howard Bashman


"The Coming Gay-Marriage Ruling": Richard Socarides had this post online yesterday at The New Yorker.
Posted at 01:48 PM by Howard Bashman


"South Carolina to SCOTUS: We Can Discriminate Against Women, So Why Not Gays?" Mark Joseph Stern has this essay online at Slate.
Posted at 01:44 PM by Howard Bashman


"Marriage Rights Won't Save Gays From Being Fired in Most States; As the Supreme Court prepares to hear arguments on same-sex marriage, a cloud hovers in more than half the states": Greg Stohr of Bloomberg News has this report.
Posted at 01:42 PM by Howard Bashman


Seventh Circuit affirms entry of summary judgment for defendants in In re Text Messaging Antitrust Litigation: Circuit Judge Richard A. Posner wrote today's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 01:36 PM by Howard Bashman


"Obama To SCOTUS: Erasing Obamacare Subsidies Would Be 'A Bad Decision.'" Sahil Kapur of TPM DC has this report.
Posted at 01:30 PM by Howard Bashman


"Supreme Court gives new life to death penalty debate": Richard Wolf of USA Today has this report.
Posted at 01:27 PM by Howard Bashman


"Senator Mike Lee: Our Lost Constitution." U.S. Senator Mike Lee (R-UT) will be speaking this evening at the National Constitution Center in Philadelphia about his new book. The Constitution Center will be live-streaming Senator Lee's remarks online, and you can access the video of the program starting at 6:30 p.m. eastern time via this link.
Posted at 10:04 AM by Howard Bashman


"Constitution Check: Did the Supreme Court give corporations a religious soul?" Lyle Denniston had this post Tuesday at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:58 AM by Howard Bashman


"Judge Refuses to Let Obama's Executive Actions on Immigration Proceed": Michael D. Shear has this article in today's edition of The New York Times.

And Sahil Kapur of TPM DC has an article headlined "Did A Federal Court Just Doom The GOP's Big Immigration Lawsuit Against Obama?"
Posted at 09:54 AM by Howard Bashman



"Wal-Mart's right to sell guns at risk in lawsuit; Church that owns 3,500 shares objected": Kellan Howell of The Washington Times recently had this preview of an appeal argued yesterday before a three-judge panel of the U.S. Court of Appeals for the Third Circuit.

And in coverage of yesterday's oral argument, Saranac Hale Spencer of The Legal Intelligencer reports that "Quick Turnaround Expected for Third Circuit Wal-Mart Gun Case." You can freely access the full text of the article via Google.

The Third Circuit has posted online at this link (28 MB mp3 audio file) the audio of yesterday's oral argument. Theodore J. Boutrous Jr. argued the appeal for Wal-Mart.
Posted at 09:52 AM by Howard Bashman



"Was Dzhokhar Tsarnaev trial necessary?" Former U.S. District Judge Nancy Gertner has this op-ed online at The Boston Globe.
Posted at 08:24 AM by Howard Bashman


"The Man Who Will Argue For Marriage Recognition At The Supreme Court: Doug Hallward-Driemeier is one of two lawyers representing same-sex couples at the Supreme Court later this month." Chris Geidner of BuzzFeed News has this report.
Posted at 08:15 AM by Howard Bashman


"Rules Committee to Recommend Putting Maryland Unreported Opinions Online, But Expanding Restrictions on Use of Other Unreported Decisions": Michael Wein has this post at the "Maryland Appellate Blog."
Posted at 08:14 AM by Howard Bashman


Wednesday, April 8, 2015

"Abrahamson sues to keep her job for four more years": Patrick Marley of The Milwaukee Journal Sentinel has a news update that begins, "A day after voters approved changing the state constitution to allow members of the Wisconsin Supreme Court to elect their leader, Chief Justice Shirley Abrahamson on Wednesday sued the six other members of the court to hold onto her job."

And The Associated Press reports that "Chief Justice Shirley Abrahamson sues over amendment approved by voters."

You can access at this link the complaint initiating suit, filed today in the U.S. District Court for the Western District of Wisconsin.
Posted at 11:52 PM by Howard Bashman



"9th Tackles Duty to Warn in Model Mayhem Rape Case": Katherine Proctor of Courthouse News Service has a report that begins, "The 9th Circuit heard from both sides Wednesday in a case alleging liability of the Model Mayhem website after two of its users drugged and raped a woman by luring her to a bogus casting call."

The appeal was argued today on panel rehearing before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. You can view the oral argument video at this link.

My earlier coverage of the case appears here, here, and here.
Posted at 11:44 PM by Howard Bashman



"This case concerns the intersection between intellectual property rights and a Mardi Gras tradition." So begins an opinion about "bead dogs" that Circuit Judge Stephen A. Higginson issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.
Posted at 11:34 PM by Howard Bashman


"Court questions Google on patent values in Microsoft case": Dan Levine of Reuters has this report.

You can view at this link the video of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. Kathleen M. Sullivan argued the appeal for Google, while Carter G. Phillips argued for Microsoft.

And in today's installment of "Who are these irresponsible and unconstrained lawyers inflicting unnecessarily long briefs on the federal appellate courts?" -- Sullivan's Brief for Appellants contained 13,786 words, Phillips's Brief for Appellee contained 13,976 words, and Sullivan's Reply Brief for Appellants contained 6,854 words. Each of these briefs, filed by two of the most highly regarded appellate advocates in private practice, is considerably in excess of the new word limits now under consideration for the Federal Rules of Appellate Procedure. Earlier installments in this series can be accessed here, here, and here.
Posted at 11:05 PM by Howard Bashman



"Questioning the Federal Circuit's Reduced Flow of Information": Dennis Crouch has this interesting post today at "Patently-O."
Posted at 10:54 PM by Howard Bashman


"U.S. appeals court deals setback to Florida tobacco plaintiffs": Reuters has this report.

My earlier coverage of today's Eleventh Circuit ruling appears at this link.
Posted at 10:50 PM by Howard Bashman



Eighth Circuit announces oral argument date and panel assigned to same-sex marriage cases affecting Arkansas, Missouri, Nebraska, and South Dakota: The oral argument date will be May 12, 2015. And the three-judge panel assigned to hear and decide the cases will consist of Circuit Judges Roger L. Wollman, Lavenski R. Smith, and Duane Benton.
Posted at 05:22 PM by Howard Bashman


"In Memoriam: George M. Cockle." This post appeared yesterday at the "Cockle News & Briefs" blog.
Posted at 05:02 PM by Howard Bashman


"Legal Conflicts on Medical Marijuana Enter a New Phase": Erik Eckholm will have this article in Thursday's edition of The New York Times.
Posted at 04:58 PM by Howard Bashman


"Tsarnaev guilty of Marathon bombings": Milton J. Valencia, Patricia Wen, Kevin Cullen, John R. Ellement, and Martin Finucane of The Boston Globe have this news update.

Laurel J. Sweet, Jack Encarnacao, and Lindsay Kalter of The Boston Herald have a news update headlined "Dzhokhar Tsarnaev convicted on all charges in Boston Marathon bombing trial." In addition, Laurel J. Sweet reports that "Death penalty win seen as tough sell in Tsarnaev case."

And Katharine Q. Seelye of The New York Times has a news update headlined "Dzhokhar Tsarnaev Is Guilty in Boston Marathon Bombing Trial."
Posted at 04:56 PM by Howard Bashman



"Michigan Firm Splits With Partner Who Will Argue For Gay Marriage Ban": Katelyn Polantz of The National Law Journal has an article that begins, "The private-practice lawyer who will defend Michigan's ban on same-sex marriage before the U.S. Supreme Court had to leave his law firm temporarily to take the case. And the firm, Warner Norcross & Judd, has distanced itself from its colleague John Bursch and from the state's case against same-sex couples."

You can freely access the full text of the article via Google.
Posted at 03:54 PM by Howard Bashman



Florida "may not enforce a duty, as it has through the Engle jury findings, premised on the theory that all cigarettes are inherently defective and that every cigarette sale is an inherently negligent act." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit in a ruling issued today.
Posted at 03:35 PM by Howard Bashman


"Dzhokhar Tsarnaev convicted in Boston Marathon bombing": The Associated Press has this report.
Posted at 02:16 PM by Howard Bashman


"Verdict Reached in Boston Marathon Bombing Trial": Katharine Q. Seelye of The New York Times has this news update.
Posted at 01:33 PM by Howard Bashman


"Thibodaux attorney to present case to U.S. Supreme Court": Bridget Mire of The Houma (La.) Courier has an article that begins, "In his 20 years practicing law, Mark Plaisance has stood before all of Louisiana's appellate courts, the Louisiana Supreme Court and the 5th U.S. Circuit Court of Appeals."

Congratulations to longtime "How Appealing" reader Mark D. Plaisance on his upcoming U.S. Supreme Court oral argument in this very important case.
Posted at 01:04 PM by Howard Bashman



"Pa. Justices Nix 'Kids For Cash' Abuse-Of-Process Suits": Matt Fair of Law360.com has a report (subscription required for full access) that begins, "The Pennsylvania Supreme Court issued orders on Tuesday nixing a series of appeals aimed at reviving abuse-of-process claims a businessman launched against a group of law firms after he was named as a defendant in class actions stemming from the state's infamous 'kids for cash' judicial bribery scandal."

You can access yesterday's order of the Supreme Court of Pennsylvania dismissing review as improvidently granted at this link.

The appeal was argued last month before only three Justices serving on Pennsylvania's highest court, because the remaining two current justices were recused. You can view the video of last month's oral argument of the case via this link (scroll down to part 3 of 3 for March 11, 2015).
Posted at 11:27 AM by Howard Bashman



"Texas judge refuses to lift block on Obama immigration plan": Reuters has this report.

And The Associated Press reports that "Judge denies request to let immigration action take effect."

At "Josh Blackman's Blog," you can access a post titled "Two Orders From Brownsville: Motion for Stay Denied and Motion for Discovery Granted" containing this link to the district court's memorandum opinion and order denying a stay.
Posted at 11:14 AM by Howard Bashman



"Guam Public Health turns down same-sex couple's marriage license application": The Pacific Daily News of Hagatna, Guam has this report.

And The Associated Press reports that "Guam rejects lesbian couple's marriage license application."
Posted at 10:40 AM by Howard Bashman



"The Irony of Justice Stevens's Immunity Amendment": At "PrawfsBlawg," Richard M. Re has a post that begins, "Justice Stevens is one of the most famous and persistent critics of the Supreme Court's broad view of state sovereign immunity."
Posted at 10:35 AM by Howard Bashman


"Activists Target State Supreme Court Chief Justice": Daniela Altimari of The Hartford Courant has an article that begins, "Activists with a variety of grievances against the court system are joining together to try to scuttle the reappointment of one of Connecticut's most powerful jurists."
Posted at 08:40 AM by Howard Bashman


"Huguely to appeal case to U.S. Supreme Court": The Daily Progress of Charlottesville, Virginia has this report.
Posted at 08:36 AM by Howard Bashman


"Alan Page leaving Supreme Court to focus on youth": The Pioneer Press of St. Paul, Minnesota has this report.
Posted at 08:32 AM by Howard Bashman


"Rauner: Can't trust Illinois Supreme Court justices 'to be rational.'" Kim Geiger of The Chicago Tribune has an article that begins, "Gov. Bruce Rauner, who has been barnstorming the state to promote his message that Illinois government is corrupt and in need of 'structural reform,' took aim Tuesday at the Illinois Supreme Court, saying he doesn't trust its justices."
Posted at 08:30 AM by Howard Bashman


"Lawyers for health agency, religious nonprofits present case to federal appeals court; Federal lawyers ask 5th Circuit panel to overturn ruling in favor HBU, other religious nonprofits on mandated": Allan Turner of The Houston Chronicle has this report. You can freely access the full text of the article via Google.

And Tom Howell Jr. of The Washington Times reports that "Religious colleges seek contraception mandate exception like for-profit companies."

Last night, I linked to the oral argument audio and identified the composition of the three-judge Fifth Circuit panel in this post.
Posted at 08:24 AM by Howard Bashman



"Kansas Limits Abortion Method, Opening a New Line of Attack": Erik Eckholm and Frances Robles have this front page article in today's edition of The New York Times.
Posted at 08:16 AM by Howard Bashman


"Wisconsin Re-elects Liberal Judge, but Opens Door for Conservative Chief Justice": Mitch Smith has this article in today's edition of The New York Times.

And Patrick Marley of The Milwaukee Journal Sentinel reports that "Voters back amendment on chief justice selection."
Posted at 08:12 AM by Howard Bashman



Tuesday, April 7, 2015

"Bradley wins re-election over Daley in high court race": Patrick Marley of The Milwaukee Journal Sentinel has this report.

And Dee J. Hall of The Wisconsin State Journal reports that "Justice Ann Walsh Bradley wins re-election to Supreme Court."
Posted at 11:03 PM by Howard Bashman



"States' Obama amnesty challenge could be undercut by 'Dreamer' lawsuit ruling": Stephen Dinan of The Washington Times has this report.

The Dallas Morning News has a blog post titled "5th Circuit strikes down ICE agents' suit over 2012 immigration initiative, review to be requested."

Josh Gerstein of Politico.com reports that "Appeals court sides with Obama on immigration action."

And The Hill has a blog post titled "Appeals court sides with Obama over 2012 deportation program."

You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 11:00 PM by Howard Bashman



"Bradley eases past Daley to win 3rd term on Wisconsin Supreme Court": The Associated Press has this report.
Posted at 10:48 PM by Howard Bashman


Access online the audio of today's Fifth Circuit oral argument in East Texas Baptist Univ. v. Burwell: Via this link (77.3 MB mp3 audio file).

The three-judge panel of the U.S. Court of Appeals for the Fifth Circuit before whom this appeal was argued today consisted of Circuit Judges Jerry E. Smith and James E. Graves, Jr. and Senior Circuit Judge Thomas M. Reavley.
Posted at 10:02 PM by Howard Bashman



"'Woman in Gold' reporter scene hits home": Bob Egelko of The San Francisco Chronicle has this blog post today.
Posted at 09:50 PM by Howard Bashman


"Influential U.S. judge calls on Congress to define insider trading": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 05:14 PM by Howard Bashman


"Larry Flynt can intervene in lawsuits to unseal execution protocol records, appeals court rules": Jeremy Kohler of The St. Louis Post-Dispatch has this news update.

And The Associated Press reports that "US court OKs Larry Flynt's push for Missouri execution info."

My earlier coverage of today's Eighth Circuit per curiam ruling can be accessed at this link.
Posted at 03:52 PM by Howard Bashman



"U.S. judge denies request by Prince Andrew accuser to join lawsuit": David Ingram of Reuters has a report that begins, "A woman who said in court papers she was forced as an underage girl to have sex with Britain's Prince Andrew, prominent U.S. lawyer Alan Dershowitz and other men cannot join an ongoing lawsuit in Florida, a federal judge ruled on Tuesday."

And at Politico.com, Josh Gerstein has a blog post titled "Judge tosses out sex claims against Alan Dershowitz." Via Gerstein's blog post, you can access today's order of the U.S. District Court for the Southern District of Florida at this link.
Posted at 02:00 PM by Howard Bashman



"Justice Denied: Why do we still tolerate the Supreme Court?" Online at Slate, Mark Joseph Stern has this review of Ian Millhiser's new book, "Injustices: The Supreme Court's History of Comforting the Comfortable and Afflicting the Afflicted."
Posted at 01:40 PM by Howard Bashman


"Supreme Court race, constitutional amendment top Tuesday's ballot": Patrick Marley of The Milwaukee Journal Sentinel has this report.
Posted at 01:35 PM by Howard Bashman


"After 3rd high court protest, the most severe charges yet": The Associated Press has this report.
Posted at 01:20 PM by Howard Bashman


"Gov. Sam Brownback signs bill banning dismemberment abortion procedure; Abortion procedure was used in 8 percent of state's abortions": Jonathan Shorman of The Topeka Capital-Journal has this news update.

And The Associated Press reports that "Kansas governor signs nation's 1st ban on abortion procedure."
Posted at 01:18 PM by Howard Bashman



"Larry Flynt wins right to pursue Missouri execution records": Jonathan Stempel of Reuters has this report on a per curiam ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 01:12 PM by Howard Bashman


Fun with FERC rulings: Try as one may, it is exceedingly difficult to have fun with FERC-related rulings. See, for example, a "How Appealing" post from 2003 titled "Bring in 'da Noise, Bring in 'da FERC."

Today, however, D.C. Circuit Judge Patricia A. Millett managed to have some fun in a concurring opinion in a FERC-related decision by using the word bafflegab in the second sentence of her concurrence.
Posted at 12:12 PM by Howard Bashman



"Pa Supreme Court to hear defamation case": Terrie Morgan-Besecker of The Scranton Times-Tribune has this report.
Posted at 08:44 AM by Howard Bashman


"Prosecutors, defense close as Tsarnaev case goes to jury": Milton J. Valencia and Patricia Wen have this front page article in today's edition of The Boston Globe.

And Laurel J. Sweet of The Boston Herald has an article headlined "Dzhokhar Tsarnaev strategy 'all about the next phase.'"
Posted at 08:42 AM by Howard Bashman



"Big impact on women if Supreme Court rules against health care tax credits": Tony Pugh of McClatchy Washington Bureau has this report.
Posted at 08:37 AM by Howard Bashman


"How Jim Obergefell became the face of the Supreme Court gay marriage case": Michael S. Rosenwald has this front page article in today's edition of The Washington Post.
Posted at 08:32 AM by Howard Bashman


Monday, April 6, 2015

"A Response to Chief Justice Roberts' Put-Down of Law Reviews": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."

My earlier coverage appears here and here.
Posted at 11:44 PM by Howard Bashman



"Court mulls revealing secret government plan to cut cell phone service; Feds: SOP 303 mobile-phone kill-switch policy would endanger public if disclosed." David Kravets of Ars Technica has an article that begins, "A federal appeals court is asking the Obama administration to explain why the government should be allowed to keep secret its plan to shutter mobile phone service during 'critical emergencies.'"
Posted at 11:38 PM by Howard Bashman


"99Rise protesters charged with Class A misdemeanor in federal court": Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 11:30 PM by Howard Bashman


Eighth Circuit rules that in Miller v. Alabama the U.S. Supreme Court announced a procedural rule that is not of watershed magnitude and thus the decision does not apply retroactively on collateral review: You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 11:04 PM by Howard Bashman


"Liberals, law profs rain fury on 'sellout' Laurence Tribe": Jeremy P. Jacobs of Greenwire has this report today.

And in related coverage, in Tuesday's edition of The New York Times, Coral Davenport will have a front page article headlined "Laurence Tribe Fights Climate Case Against Star Pupil From Harvard, President Obama."
Posted at 10:53 PM by Howard Bashman



"Court seeks U.S. views on terrorism case": Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:24 PM by Howard Bashman


"Appeals court: Bans on outdoor charity collection bins unconstitutional." Michigan Radio has this report.

And The Detroit News reports that "Court says St. Johns can't enforce collection bin ban."

You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 10:22 PM by Howard Bashman



"Drexel professor sent students link to pornographic video": Tommy Rowan of Philly.com today has an article that begins, "A Drexel University law professor is under internal investigation after emailing her students a link to a pornographic video, school officials said Monday."

David Lat first reported on this matter on Friday in a post titled "Law Professor Who Sent Anal-Bead Porn To Her Students Now Under Investigation" at "Above the Law."
Posted at 10:14 PM by Howard Bashman



"United Technologies wins reversal of $657 mln award over engine prices": Jonathan Stempel of Reuters has this report.

And Margaret Cronin Fisk of Bloomberg News reports that "United Technologies Wins Tossing of $657 Million Judgment."

Circuit Judge Jeffrey S. Sutton wrote today's ruling of the U.S. Court of Appeals for the Sixth Circuit on behalf of a unanimous three-judge panel.
Posted at 10:06 PM by Howard Bashman



"Indiana, Arkansas retreat on religion bills may spark wider trend": Reuters has a report that begins, "Oklahoma lawmakers have put the brakes on a religion bill similar to ones in Indiana and Arkansas that were overhauled last week after facing a storm of criticism for being seen as discriminatory against gays."
Posted at 09:27 PM by Howard Bashman


"N.J. high court agrees to hear pension payment case": NJ.com has an article that begins, "The state Supreme Court on Monday agreed to decide whether Gov. Chris Christie broke the law when he slashed $1.6 billion from this year's payment into the public worker pension system."

Andrew Seidman of The Philadelphia Inquirer reports that "N.J. Supreme Court to hear appeal in pension funding case."

And Reuters reports that "New Jersey Supreme Court to take up pension funding appeal."
Posted at 09:22 PM by Howard Bashman



"AP: Handful of holdout tribes dig in against gay marriage." Jonathan Drew and Felicia Fonseca of The Associated Press have an article that begins, "Even if a U.S. Supreme Court ruling this spring makes same-sex marriage the law, it would leave pockets of the country where it isn't likely to be recognized any time soon: the reservations of a handful of sovereign Native American tribes, including the nation's two largest."
Posted at 09:18 PM by Howard Bashman


"The Price of a Life: What's the right way to compensate someone for decades of lost freedom?" Ariel Levy has this Annals of Justice article in the April 13, 2015 issue of The New Yorker.
Posted at 09:03 PM by Howard Bashman


Programming note: It's opening day at Citizens Bank Park as the Philadelphia Phillies host the Boston Red Sox. I will be at this afternoon's game. Consequently, additional posts will appear here this evening.

In the interim, appellate- or baseball-related updates may appear at this blog's Twitter feed.
Posted at 11:40 AM by Howard Bashman



"Closing arguments set to begin in Marathon bombing trial": Patricia Wen, Kevin Cullen, and Milton J. Valencia of The Boston Globe have an article that begins, "Closing arguments are slated Monday in the death penalty trial of Dzhokhar Tsarnaev, whose attorneys have acknowledged that he and his late brother, Tamerlan, were responsible for the 2013 Boston Marathon bombings and the murder of MIT Police Officer Sean A. Collier."

And Laurel J. Sweet of The Boston Herald has a news update headlined "Judge preps jury for closing arguments in Tsarnaev trial."
Posted at 11:08 AM by Howard Bashman



"Judge shot in March calls for end to gun violence": Derek Draplin of The Detroit News has an article that begins, "U.S. District Judge Terrence Berg called for an end to 'the scourge of gun violence' during a rally for peace Friday, his first public appearance since he was shot in the leg outside his home last month."

And David Jesse of The Detroit Free Press reports that "Judge Berg speaks against gun violence at march of hope."
Posted at 11:04 AM by Howard Bashman



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

In early news coverage, The Associated Press reports that "Supreme Court rejects North Carolina appeal on election law" and "High court rejects appeal from subcontractor freed from Cuba."

And Lawrence Hurley of Reuters reports that "Supreme Court seeks Obama administration views on Iran bank judgment" and "Supreme Court declines to review North Carolina voting law."
Posted at 09:35 AM by Howard Bashman



"Can Rap Lyrics Send You to Jail? If You're a Young Black Male, Yes; Prosecutors are using defendants' use and posting of rap lyrics against them in cases where other evidence is lacking; An upcoming Supreme Court decision is crucial." Lewis Beale has this essay online today at The Daily Beast.
Posted at 08:37 AM by Howard Bashman


"The 'judicially unadministrable' statute and why it matters": Law professor Jonathan R. Nash has this essay online at The Hill.
Posted at 08:34 AM by Howard Bashman


"Supreme Court Asked to Look Abroad for Guidance on Same-Sex Marriage": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 08:26 AM by Howard Bashman


Sunday, April 5, 2015

"Wyoming Supreme Court plans to open judicial learning center": The Casper Star-Tribune has an article that begins, "Construction of an interactive judicial learning center in the Wyoming Supreme Court building is set to begin in May, according to the State Bar Foundation."
Posted at 10:50 PM by Howard Bashman


"Appeals court to consider religious exemptions in Baptist-based contraception case; U.S. appeals court to hear challengeover federal health care mandate": Allan Turner of The Houston Chronicle has an article that begins, "The New Orleans-based 5th U.S. Circuit Court of Appeals this week will take up a Texas case centering on how -- or if -- employees of religious colleges and nonprofits will be given free access to 'morning after' pills and related forms of birth control as mandated by the U.S. Department of Health and Human Services."

You can freely access the full text of the article via Google.
Posted at 10:46 PM by Howard Bashman



"Nonprofit tax break proposal in Pennsylvania divisive": In Monday's edition of The Pittsburgh Tribune-Review, Natasha Lindstrom will have an article that begins, "Auditor General Eugene DePasquale spent the past four weeks presiding over public hearings on a controversial proposal to change Pennsylvania's Constitution so the Legislature has final say over which nonprofits get property tax breaks."
Posted at 10:14 PM by Howard Bashman


"Transparency for Initiative Sponsors": Pamela A. MacLean has this post today at her "Trial Insider" blog.

My earlier coverage of Friday's Ninth Circuit en banc ruling can be accessed here.
Posted at 10:02 PM by Howard Bashman



"Wisconsin Supreme Court Election Raises Partisanship Concerns": Mitch Smith will have this article in Monday's edition of The New York Times.

Patrick Marley of The Milwaukee Journal Sentinel reports that "Voters on Tuesday to decide how state chief justice is selected."

And Todd D. Milewski of The Capital Times of Madison, Wisconsin has an article headlined "Constitutional amendment is rush to replace chief justice, former Supreme Court member says."
Posted at 09:32 PM by Howard Bashman



"Lawmakers: Supreme Court policy to blame for secret recordings." Mario Trujillo of The Hill has an article that begins, "The Supreme Court has itself to blame for the surreptitious recordings of court proceedings that have surfaced in the past year, some lawmakers say."
Posted at 09:27 PM by Howard Bashman


"After Supreme Court, MGM Settles 'Raging Bull' Rights Dispute; A deal announced in court on Friday ends a fight that lasted more than two decades": Eriq Gardner has this post today at the redesigned "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 09:04 PM by Howard Bashman


"Supreme Court hears lots of interpretations of what it just said": In Monday's edition of The Washington Post, Robert Barnes will have an article that begins, "It would seem indisputable that the people who know better than anyone else what the Supreme Court was saying in its landmark decision on same-sex marriage are the nine justices themselves."
Posted at 09:00 PM by Howard Bashman


"Conservative lawmakers weigh bid to call for constitutional convention": Reid Wilson of The Washington Post has an article that begins, "Conservative state legislators frustrated with the gridlock in Washington are increasingly turning to a plan to call a convention to consider a new amendment to the U.S. Constitution -- an event that would be unprecedented in American history and one that could, some opponents predict, lead to complete political chaos."
Posted at 08:57 PM by Howard Bashman


"Political speech or corruption?" Monday's edition of The Washington Post will contain an editorial that begins, "In the Supreme Court's landmark 2010 case Citizens United v. Federal Election Commission, the court declared that corporate independent political expenditures are protected free speech under the First Amendment and cannot be constrained."
Posted at 08:23 PM by Howard Bashman


"Rolling Stone Retracts Article on Rape at University of Virginia": Ravi Somaiya will have this article in Monday's edition of The New York Times.

And Paul Farhi and T. Rees Shapiro of The Washington Post report that "Review of Rolling Stone U-Va. rape story finds layers of journalistic lapses."

Rolling Stone has posted online the retraction as an introduction to an article headlined "Rolling Stone and UVA: The Columbia University Graduate School of Journalism Report -- An anatomy of a journalistic failure."

Update: The Columbia Journalism Review has itself published the critique at this link.
Posted at 08:09 PM by Howard Bashman



"Jay Edelson, the Class-Action Lawyer Who May Be Tech's Least Friended Man": Conor Dougherty has this article in today's edition of The New York Times.
Posted at 01:03 PM by Howard Bashman


"Two High-Stakes High Court Debuts: Lawyers in first outings before Supreme Court will argue landmark marriage cases." Marcia Coyle and Tony Mauro will have this article in Monday's edition of The National Law Journal.
Posted at 11:18 AM by Howard Bashman


"The Supreme Court election of 2016": Douglas Cohn and Eleanor Clift have this essay online at The Pocono Record of Stroudsburg, Pennsylvania.
Posted at 10:52 AM by Howard Bashman


Saturday, April 4, 2015

"Wisconsin Supreme Court candidate's daughter wanted by state": The Associated Press has this report.
Posted at 11:42 PM by Howard Bashman


"David Prosser turned sleuth in OWI case before high court": In today's edition of The Milwaukee Journal Sentinel, Patrick Marley has a front page article that begins, "Wisconsin Supreme Court Justice David Prosser abruptly stepped down from a case earlier this year after a state lawyer said Prosser had apparently contacted a state lab asking questions related to a case before the state's high court."
Posted at 11:36 PM by Howard Bashman


"What's behind gay rights attitude shift? People generally don't change their minds very often or very quickly; But American views on hot topic have, dramatically." John Wilkens of The San Diego Union-Tribune has this report.
Posted at 11:28 PM by Howard Bashman


"Religious conservatives are the targets of discrimination, lawyer says": The Los Angeles Times has this report.
Posted at 11:24 PM by Howard Bashman


"Defense attorney in Boston bombing may be facing her stiffest challenge yet": Richard A. Serrano of The Los Angeles Times has this report.
Posted at 11:22 PM by Howard Bashman


"Justice Kennedy's Plea to Congress": This editorial will appear in Sunday's edition of The New York Times.
Posted at 10:14 PM by Howard Bashman


"Supreme Court must decide law, not popularity; Court cannot defer to impatient activists on King and Obergefell cases": Clark Neily and Evan Bernick have this essay online at USA Today.
Posted at 01:56 PM by Howard Bashman


"Court Rejects Bharara's Plea to Reconsider Insider Trading Ruling": Matthew Goldstein and Ben Protess have this article in today's edition of The New York Times.

And Aruna Viswanatha of The Wall Street Journal reports that "Court Decision Foils Insider-Trading Cases; The appeals court move sets the stage for additional convictions to be overturned." You can freely access the full text of the article via Google.
Posted at 01:54 PM by Howard Bashman



"More than 60 briefs urge court to keep gay marriage bans": Richard Wolf of USA Today has this report.

Todd Spangler of The Detroit Free Press reports that "Same-sex marriage ban arguments pour into Supreme Court."

Oralandar Brand-Williams of The Detroit News reports that "Gay marriage opponents push deadline for court filings."

And Dennis Romboy of The Deseret News reports that "Utah, 14 states urge Supreme Court to let citizens decide same-sex marriage question."
Posted at 01:48 PM by Howard Bashman



"Should state Supreme Court justices choose their leader? Voters will decide on April 7th." The Associated Press has this report from Wisconsin.
Posted at 01:40 PM by Howard Bashman


"Legislation Allowing Cameras in the Courtroom More Important Than Ever: Technology and tragedies underscore need to open federal proceedings to the public." U.S. Senator Chuck Grassley (R-IA) will have this op-ed in Monday's edition of The National Law Journal.
Posted at 01:28 PM by Howard Bashman


"The Conscience of a Corporation": Timothy Egan has this essay online at The New York Times. Therein, he writes, "You can blame last year's Supreme Court decision in the Hobby Lobby case for unleashing a herd of ponies that have gone off in quite unpredicted directions."
Posted at 01:22 PM by Howard Bashman


Friday, April 3, 2015

"Appeals court: Yoga doesn't bend rules on religious freedom." The Associated Press has this report.

My earlier coverage of today's California Court of Appeal ruling appears at this link.
Posted at 05:40 PM by Howard Bashman



"U.S. prosecutors lose bid to reverse major insider trading ruling": Nate Raymond of Reuters has this report.
Posted at 04:50 PM by Howard Bashman


"Law school hears Gitmo journalist": The Daily Lobo, the student newspaper of the University of New Mexico, has this report on yesterday's John Field Simms Sr. Memorial Lectureship in Law, at which Jess Bravin of The Wall Street Journal was the lecturer.
Posted at 04:45 PM by Howard Bashman


"What does it mean when a justice concurs 'in result only'?" Ryan Koopmans has this interesting post today at "On Brief: Iowa's Appellate Blog."
Posted at 04:40 PM by Howard Bashman


"Clement and Legal Team See Award Slashed in Gun Case": Christine Simmons will have this report in next Monday's edition of the New York Law Journal. (Note: The article's headline would probably be more accurate if it used the term "requested fees" instead of "award.")

You can access last month's ruling of the U.S. District Court for the Northern District of New York at this link.
Posted at 04:30 PM by Howard Bashman



"Argument line-up set for same-sex marriage": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 03:44 PM by Howard Bashman


"Federal appeals court upholds 2 Somali pirates' convictions": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 03:42 PM by Howard Bashman


California Court of Appeal rejects establishment clause challenge to including yoga in a public school's phys ed regimen: You can access today's 37-page ruling of California's Court of Appeal for the Fourth Appellate District, Division One, at this link (via "Southern California Appellate News").

In earlier coverage of the case, The Coast News of Encinitas, California published articles headlined "Arguments to be heard in yoga case" and "Skeptical appeals court hears yoga arguments."

And columnist Logan Jenkins of The San Diego Union-Tribune had an essay titled "Fighting yoga on a wing and a prayer."
Posted at 02:45 PM by Howard Bashman



En banc Ninth Circuit unanimously upholds constitutionality of California law requiring sponsor of ballot initiative to be identified on signature-gathering petitions: Circuit Judge Stephen Reinhardt wrote today's ruling on behalf of the eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit.

My earlier coverage of the original three-judge panel's ruling, in which each judge wrote separately, can be accessed here.
Posted at 01:42 PM by Howard Bashman



"Foley Client: My Bad on The Brief! Inventor says he'll leave lawyering to lawyers." Tony Mauro will have this article in Monday's edition of The National Law Journal.
Posted at 01:14 PM by Howard Bashman


"Reward reaches $50,000 for information in Detroit shooting of federal judge": MLive.com has this report.

And The Associated Press reports that "Wounded federal judge to participate in peace walk."
Posted at 11:40 AM by Howard Bashman



"Protesters release video of Supreme Court outburst": The Hill has this report.
Posted at 11:36 AM by Howard Bashman


"Split Decision Bloodies State Supreme Court": Kevin Rennie has this essay online at The Hartford Courant.

In earlier news coverage, Wednesday's edition of The Courant contained articles headlined "Supreme Court Orders New Trial For Richard Lapointe"; "Lapointe Dissent: Decision 'Reflects Complete Misunderstanding' Of Court's Role"; and "Friends Celebrate Lapointe Ruling, Say State Should Drop All Charges."

Tuesday's 4-to-2 ruling of the Supreme Court of Connecticut consisted of a majority opinion, a concurring opinion, and two dissenting opinions (here and here).
Posted at 09:16 AM by Howard Bashman



"Ex-State Supreme Court Justice: Judicial Elections Are Like 'Legalized Extortion'; A former judge vents at the corruption that's crept into America's courtrooms." AJ Vicens has this report online at Mother Jones.
Posted at 09:04 AM by Howard Bashman


"Local attorney to argue against gay marriage bans before Supreme Court": Lisa Keen of The Boston Globe has this report.
Posted at 08:57 AM by Howard Bashman


"Texas judge fit for future Supreme Court spot": Rick Casey has this essay online at The Houston Chronicle about former Supreme Court of Texas Chief Justice Wallace B. Jefferson.
Posted at 08:54 AM by Howard Bashman


"Appeals court gives counties more power to remove kids from homes": The Los Angeles Times has this report.

And The Associated Press reports that "California courts butt heads over out-of-control kids."

And at his "California Appellate Report" blog, Shaun Martin has this post.

You can access yesterday's ruling of California's Court of Appeal for the Second Appellate District at this link.
Posted at 08:50 AM by Howard Bashman



Thursday, April 2, 2015

"15 states urge Supreme Court to uphold gay marriage bans": The Associated Press has this report.
Posted at 10:45 PM by Howard Bashman


"9/11 insurers can't snag al-Qaida funds held in Chicago, court rules": Kim Janssen of The Chicago Sun-Times has this news update.

And The Associated Press reports that "Appeals court says alleged al-Qaida backer's money belongs to gov, can't go to 9/11 insurers."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 10:32 PM by Howard Bashman



"9th Circuit rules Netflix isn't subject to disability law; Are websites 'public accommodations'? Federal courts have split on the question." Joe Mullin of Ars Technica has this report on an unpublished, non-precedential ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 10:00 PM by Howard Bashman


"The Supreme Court Business with Sidley Austin's Chair": Bloomberg BNA has posted this video online.
Posted at 09:55 PM by Howard Bashman


"What Prince Charles Has In Common with Hillary Clinton": Amy Davidson has this post online today at The New Yorker about two matters that have appellate components (see here and here).
Posted at 09:51 PM by Howard Bashman


"Right Side of the Law: Eugene Volokh's Global Influence; The wunderkind-turned-law professor is that L.A. anomaly: an influential conservative blogger." Maarten De Boer had this post yesterday at the "CityThink" blog of Los Angeles magazine.
Posted at 03:20 PM by Howard Bashman


"CA Appellate Report Blog wins on appeal": Ben Shatz has this post today at his "Southern California Appellate News" blog about an unpublished ruling that California's Court of Appeal for the Fourth Appellate District issued today upholding the dismissal of a lawsuit against law professor Shaun Martin and the University of San Diego arising from a post that Martin made at his "California Appellate Report" blog.
Posted at 02:58 PM by Howard Bashman


"Washington Supreme Court: Public employee names are not private during investigation." The Associated Press has this report on a 5-to-4 ruling that the Supreme Court of Washington State issued today.
Posted at 02:43 PM by Howard Bashman


"Ohio Supreme Court Justice talks police, courts with Miami students": This article appears in today's edition of The Journal-News of Hamilton, Ohio.
Posted at 01:50 PM by Howard Bashman


"Fla. High Court Keeps Big Tobacco Open To Punitive Damages": Carolina Bolado of Law360.com has a report (subscription required for full access) that begins, "The Florida Supreme Court kept punitive damages within the grasp of many Engle progeny plaintiffs when it ruled Thursday that they do not have to show individual reliance on Big Tobacco's statements in the 12 years leading up to the filing of the suit in order to prove fraudulent concealment claims."

You can access today's ruling of the Supreme Court of Florida at this link.
Posted at 01:47 PM by Howard Bashman



"The Originalist: A new play -- superb in its acting, muddled in its writing -- about Justice Antonin Scalia." Jonathan Keim has this essay online today at National Review.
Posted at 01:40 PM by Howard Bashman


"Two Pretexts Walk Into a Bar: The arguments against gay marriage can't be reconciled with the arguments for religious freedom acts." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 01:32 PM by Howard Bashman


"Election 2015: Now it's voters' turn in low-profile Supreme Court race." Dee J. Hall of The Wisconsin State Journal has this report.

And Steven Elbow of The Capital Times reports that "Wisconsin Supreme Court election spending ratchets up."
Posted at 01:27 PM by Howard Bashman



"After Nazi Plunder, A Quest To Bring The 'Woman In Gold' Home": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 11:08 AM by Howard Bashman


"Lawyers Resist Plan to Trim Length of Appeals Briefs": Tony Mauro of The National Law Journal has a Supreme Court brief (subscription required for full access) that begins, "Forcing lawyers to write shorter briefs is not the solution to the problems federal appeals court judges have with outsized filings, an advisory panel was told on Wednesday."

And Michael Macagnone of Law360.com has an article headlined "Attys Resist Proposal To Shrink Appellate Brief Limits" (subscription required for full access) that begins, "Several appellate attorney organizations on Monday blasted a judicial rule-making body's proposals to shorten appellate brief lengths, saying the plans would hurt advocacy efforts in a swath of complex areas including Native American law, antitrust disputes and challenges to federal agency activities."

The full text of Mauro's article suggests that no testimony in favor of the proposed FRAP briefing word limit reduction was received at yesterday's Appellate Rules and Forms Public Hearing in Washington, DC. When the transcript of the hearing becomes available, I will link to it.

Lastly, at the "Appellate Advocacy Blog," David R. Cleveland has a post titled "Federal Appellate Rulemaking on Brief Word Counts."
Posted at 09:56 AM by Howard Bashman



"In Iowa, Ted Cruz denounces gay marriage, lauds Indiana religious liberty bill": Todd J. Gillman of The Dallas Morning News has this blog post.
Posted at 09:50 AM by Howard Bashman


"When Liberals and Conservatives Agree on Women's Rights: It's not as uncommon as you think." Law professor Naomi Schoenbaum has this essay online at Politico Magazine.
Posted at 09:47 AM by Howard Bashman


"Giving Up on the Supreme Court Too Soon": Kenneth Jost had this post Sunday at his blog, "Jost On Justice."
Posted at 09:45 AM by Howard Bashman


"Constitution Check: Who has a right to speak up in the Supreme Court?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:15 AM by Howard Bashman


"The Problem With Funding Government Through Fines: A budget shortfall at the Nevada Supreme Court underlines a broader fiscal quandary." Matt Ford has this essay online today at The Atlantic.
Posted at 08:14 AM by Howard Bashman


Wednesday, April 1, 2015

"Poland asks U.S. to spare alleged USS Cole bomber from execution": Carol Rosenberg of The Miami Herald has this report.
Posted at 08:14 PM by Howard Bashman


"Five citizen activists with 99Rise interrupted the U.S. Supreme Court a day before the one-year anniversary of its outrageous McCutcheon v. FEC decision, which eliminated aggregate limits on individual campaign spending." The99Rise has posted this video online at YouTube (via Rick Hasen).
Posted at 08:02 PM by Howard Bashman


"Protest at the Supreme Court. Only problem? Few reporters were there to see it." Al Kamen has this post at the "In the Loop" blog of The Washington Post.
Posted at 07:51 PM by Howard Bashman


"Protesters charged after U.S. Supreme Court disruption": Lawrence Hurley of Reuters has this report.
Posted at 05:42 PM by Howard Bashman


"The Threat to Obama from the Courts": Jeffrey Toobin had this post online yesterday at The New Yorker.
Posted at 04:15 PM by Howard Bashman


"The Third Circuit last year issued the fewest published opinions of any circuit, again": Matthew Stiegler has this post today at his "CA3blog."
Posted at 03:14 PM by Howard Bashman


"Study Casts Doubt on Kantian Link to Bulgarian Law": Jacob Gershman has this post at WSJ.com's "Law Blog."
Posted at 02:48 PM by Howard Bashman


"Oral Arguments in Commil v. Cisco": Dennis Crouch has this post at "Patently-O."
Posted at 01:32 PM by Howard Bashman


"Supreme Court's Big Gay Pandora's Box: The idea that we should make gay marriage the law of the land and yet refuse to force businesses to follow that law is unjust and absurd." Michael Tomasky has this essay online today at The Daily Beast.
Posted at 01:26 PM by Howard Bashman


"Cassell and Dershowitz to Settle Grudge in MMA Match": Michael Dorf has this post today at "Dorf on Law."
Posted at 01:08 PM by Howard Bashman


"Pao faces tough court if she appeals Kleiner bias lawsuit": Dan Levine of Reuters has this report.
Posted at 11:38 AM by Howard Bashman


"99 Rise Says It Has Disrupted #SCOTUS Again, with Campaign Finance Messages": Rick Hasen has this post at his "Election Law Blog."
Posted at 11:17 AM by Howard Bashman


In this week's installment of "Who are these irresponsible and unconstrained lawyers inflicting unnecessarily long briefs on the federal appellate courts?" On Monday, I had a post about a ruling that the U.S. Court of Appeals for the Fourth Circuit issued that day in a case captioned Georgia-Pacific Consumer Products LP v. von Drehle Corp. The second and final paragraph of my post explained:
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.
In exchange for a $9 contribution to PACER, I can now report that the Phillips brief for appellant contained 13,620 words, the Estrada brief for appellee contained 13,999 words (leaving one word to spare), and the Phillips reply brief for appellant contained 6,926 words. Each of these briefs is considerably in excess of the new word limits now under consideration for the Federal Rules of Appellate Procedure.

Earlier installments of this series can be accessed here and here.
Posted at 11:03 AM by Howard Bashman



"Protesters again disrupt U.S. Supreme Court proceedings": Lawrence Hurley of Reuters has this report.

The Associated Press reports that "Protesters disrupt Supreme Court proceedings."

And at "SCOTUSblog," Lyle Denniston has a post titled "Another brief disruption at the Court."
Posted at 10:48 AM by Howard Bashman



Access this blog's coverage of the proposal to reduce the maximum word length of federal appellate briefs from 14,000 words to 12,500 words: Today, the Federal Appellate Rules Advisory Committee is holding a public hearing in Washington, DC 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 will link to news coverage of that hearing when it becomes available.

Via the following links, you can access earlier "How Appealing" coverage of the FRAP word limit reduction proposal, arranged by the titles of the posts to which the links will take you:

Proposal to shorten the maximum length of principal briefs filed in the U.S. Courts of Appeals from 14,000 words to 12,500 words;

How to comment on the proposed amendments to the Federal Rules of Appellate Procedure;

Seventh Circuit Judge Frank H. Easterbrook criticizes the proposal to reduce the word limit for principal appellate briefs from 14,000 words to 12,500 words;

Senior D.C. Circuit Judge Laurence H. Silberman lauds the proposal to reduce the word limit for principal appellate briefs from 14,000 words to 12,500 words;

I have decided to OPPOSE the word limit reduction on federal appellate briefs, plus an additional public comment opportunity for you;

How rife of a problem are unnecessarily long federal appellate briefs?;

Who are these irresponsible and unconstrained lawyers inflicting unnecessarily long briefs on the federal appellate courts? (plus a second example also posted the same day);

How did 14,000 words become the limit for principal federal appellate briefs?;

A reader anticipates perhaps the best (and no doubt most impractical) solution to overly long federal appellate briefs -- a word limit individually customized to each appeal;

"[T]raditionally the Rules Committees do not amend a rule unless there is a very good reason to do so";

Some FRAP briefing word limit expansion horror stories from the Third Circuit -- your mileage may vary;

I have just submitted my public comment opposing the proposed FRAP briefing word limit reductions;

Legal writing guru Bryan A. Garner opposes the FRAP briefing word limit reductions;

What's next in the battle over the proposed FRAP briefing word limit reductions?; and

From the guy who brought you the 28-day period in which to file post-judgment motions under the Federal Rules of Civil Procedure.

All of the public comments (including mine) submitted in connection with the proposed FRAP briefing word limit reduction proposal can be accessed online via this link.
Posted at 10:40 AM by Howard Bashman


"4th Circuit sends Episcopalians' federal lawsuit back to a local district judge": The Post and Courier of Charleston, South Carolina has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
Posted at 09:48 AM by Howard Bashman


"The Supreme Court's Death Trap": Linda Greenhouse has this op-ed in today's edition of The New York Times.
Posted at 09:35 AM by Howard Bashman






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