How Appealing

Sunday, May 31, 2015

"One Person, One Vote? The Supreme Court will consider whether equality of representation requires equal numbers of eligible voters, or equal numbers of people." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 10:52 PM by Howard Bashman


"Justice for Jose? Border shooting of Mexican teen raises constitutional issue; In 2012 border patrol agent Lonnie Swartz shot and killed Jose Antonio Elena Rodriguez but nearly three years later, a mother's grief has turned to anger and the case revolves around what is the potential impunity for US agents." Alan Yuhas of The Guardian (UK) has this report.
Posted at 10:47 PM by Howard Bashman


"GOP presidential hopefuls silent on major health care case before U.S. Supreme Court; Though a ruling is imminent on tax subsidies for people purchasing coverage, the Republicans who addressed the Oklahoma City conference last week didn't talk about it; Some didn't even mention the Affordable Care Act": Chris Casteel of The Oklahoman has this report.
Posted at 09:52 PM by Howard Bashman


"Motorola's Antitrust Lawsuit May Head to Top Court": Steve Lohr will have this article in Monday's edition of The New York Times.
Posted at 09:47 PM by Howard Bashman


"State postpones prison nuptials until after Supreme Court ruling": In today's edition of The Oklahoman, Jennifer Palmer has a front page article that begins, "The state Corrections Department has halted all weddings within prison walls until after a U.S. Supreme Court ruling on whether same-sex couples are guaranteed the right to marry, The Oklahoman has learned."
Posted at 08:55 PM by Howard Bashman


Saturday, May 30, 2015

"The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences." Ninth Circuit Judge Stephen R. Reinhardt has this article in the May 2015 issue of the Michigan Law Review.
Posted at 11:52 PM by Howard Bashman


"Daniel J. Meltzer, 63; former Obama principal deputy counsel": The Boston Globe has published an obituary that begins, "Each year when Harvard Law School students decided which professor's section to seek for a course that goes by the shorthand name 'federal courts,' many chose Daniel J. Meltzer because of his reputation for running a demanding class."
Posted at 11:44 PM by Howard Bashman


"Sen. Hilkemann's death penalty journey": This front page article appears in today's edition of The Lincoln Journal Star.

And in related coverage, The Omaha World-Herald reports that "FDA says Nebraska can't legally import execution drug."
Posted at 09:58 PM by Howard Bashman



"Federal Judge to Quit Post; He Faced Abuse Charge": Today's edition of The New York Times contains this article.
Posted at 09:47 PM by Howard Bashman


"Harvard honors Ginsburg for gender-equality advocacy": This article appears in today's edition of The Boston Globe.
Posted at 09:45 PM by Howard Bashman


"Cuellar's Supreme Court debut upholds victim restitution": Bob Egelko of The San Francisco Chronicle has this blog post.

You can access Thursday's ruling of the Supreme Court of California at this link.
Posted at 04:00 PM by Howard Bashman



Friday, May 29, 2015

"Chief Justice ignites debate over Canada's treatment of aboriginals": Sean Fine of The Toronto Globe and Mail has an article that begins, "Supreme Court Chief Justice Beverley McLachlin's assertion that Canada attempted 'cultural genocide' against aboriginal peoples is launching a debate on whether Canada has sugar-coated its history, failing to confront the magnitude of the harm it has done to aboriginals."
Posted at 09:17 PM by Howard Bashman


"Pittsburgh diocese asks Supreme Court to hear contraception appeal": Peter Smith of The Pittsburgh Post-Gazette has a news update that begins, "Bishop David Zubik said Friday he's hopeful the U.S. Supreme Court will agree to hear appeals by the dioceses of Pittsburgh and Erie on the contraception mandate in Obamacare."
Posted at 08:55 PM by Howard Bashman


"Supreme Court to decide whether to plunge back into abortion debate": David G. Savage of The Los Angeles Times has this report.
Posted at 08:52 PM by Howard Bashman


"9 states back Utah ruling tossing federal prairie dog rules": The Associated Press has this report.
Posted at 08:03 PM by Howard Bashman


"U.S. District Judge Mark Fuller will resign": Mary Troyan of The Montgomery Advertiser has this news update.

And Kyle Whitmire of AL.com reports that "Federal judge Mark Fuller resigns."
Posted at 07:54 PM by Howard Bashman



"U.S. Judge Arrested on Domestic Abuse Charges Says He'll Resign": Alyson Palmer of The Daily Report of Fulton County, Georgia has a news update that begins, "U.S. District Judge Mark Fuller of Alabama, who was arrested on domestic abuse allegations in Atlanta last summer, on Friday announced his plans to resign."
Posted at 05:46 PM by Howard Bashman


"Ginsburg urges young women to wage inspiring fights": The Associated Press has this report.

And Harvard Magazine reports that "Ginsburg Discusses Justice and Advocacy at Radcliffe Day Celebration."

Yesterday, the Harvard Gazette had an article headlined "Recognized as a force for change: Ginsburg to receive Radcliffe Medal."

More information about today's Radcliffe Day 2015 events can be accessed here.
Posted at 04:18 PM by Howard Bashman



"Cleveland man at heart of U.S. Supreme Court case charged with running prostitution ring from county jail": The Cleveland Plain Dealer has this report.

Apparently being charged with hitting your girlfriend's mother in the head with a pot had already been taken.
Posted at 01:42 PM by Howard Bashman



"Roman Catholic Diocese of Pittsburgh asking Supreme Court to hear case": The Pittsburgh Tribune-Review has a news update that begins, "Attorneys representing the Roman Catholic Diocese of Pittsburgh in its fight against the Affordable Care Act said they will petition the U.S. Supreme Court on Friday to hear the case."
Posted at 01:33 PM by Howard Bashman


"Supreme Court justices spar over hiring of court director": Patrick Marley of The Milwaukee Journal Sentinel has this report.
Posted at 01:32 PM by Howard Bashman


"Idaho laws restricting abortions are unconstitutional: appeals court." Dan Levine of Reuters has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:20 PM by Howard Bashman


"Jury should decide whether FedEx drivers are employees -- 11th Circuit": Reuters has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.
Posted at 01:14 PM by Howard Bashman


"Rosemond requires the government in a prosecution for aiding and abetting a violation of 18 U.S.C. sec. 2251(a) to prove the aider and abettor's knowledge that the victim was a minor": So holds the majority on a divided three-judge panel of the U.S. Court of Appeals for the First Circuit in a ruling issued yesterday.

Because the decisive vote was supplied by a Tenth Circuit judge sitting by designation, this case likely has a better than average chance of attaining rehearing en banc if the federal government decides to request it.
Posted at 12:58 PM by Howard Bashman



"Appeals court stays out of Guantanamo force-feeding video case, for now": Michael Doyle of McClatchy Washington Bureau has this report on a per curiam ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 12:46 PM by Howard Bashman


"Substantive Due Process as a Two-Way Street: How the Court Can Reconcile Same-Sex Marriage and Religious Liberty." Law professor Mark L. Rienzi has this essay at Stanford Law Review Online.
Posted at 10:09 AM by Howard Bashman


"The Death of the Death Penalty: Why the era of capital punishment is ending." David Von Drehle has this cover story in the June 8, 2015 issue of Time magazine.
Posted at 10:05 AM by Howard Bashman


"God (Gazarov) proves his existence in Brooklyn court after Equifax threatens to deny him credit over divine name": This article appears in today's edition of The New York Daily News.

The New York Post reports that "Man named God settles lawsuit with credit agency." In earlier coverage from April 2014, The Post published an article headlined "Man with first name 'God' runs into credit-rating issues."

And The Associated Press reports that "Man with 1st name 'God' settles with credit rating agency."

According to The New York Post, God plans to celebrate the settlement by purchasing a new BMW. As one might expect -- notwithstanding many unanswered prayers -- God himself has quite a good credit rating.
Posted at 09:58 AM by Howard Bashman



Eyewitness report from yesterday's meeting of the Committee on Rules of Practice and Procedure in Washington, DC: As I reported in this post yesterday afternoon, the so-called Standing Committee yesterday approved the FRAP briefing word limits reduction amendment.

"How Appealing" reader Valerie Nannery attended yesterday's meeting, and she has kindly sent along this report:

The one federal appellate judge who voiced disagreement with the reduced length limits for briefs argued that they address a "non-problem," and make a small change for little gain. The judge argued that the reduction in length limits would just increase the number of motions for expanded word limits, and thus would not save the circuit courts any time. The judge further argued that the amendments would create a lack of uniformity because several circuits, including the judge's own court, will likely opt out of the amendments and retain the current page limits. Other members of the Standing Committee, and the chair of the Appellate Rules Advisory Committee, were not as concerned about the lack of uniformity. Despite the discussion of these arguments against the amended word limits, all of the other members of the Standing Committee approved the amendments to the length limits.

The amendments will be sent to the Judicial Conference for consideration at its meeting in September, where senior judges from every circuit will consider whether to approve the changes. These amendments, and specifically the amendments to Rule 32, are likely to be on the Judicial Conference's discussion agenda. The discussion at the Standing Committee meeting demonstrated that judges in several circuits, including the Second, Seventh, and Ninth, have already discussed opting out of the amended rule, if it ultimately goes into effect in December 2016.

All of the other revised draft amendments to the Appellate Rules were unanimously approved, with some minor revisions made to the style of certain draft amendments, including the Appendix to the Appellate Rules, which lists the length limits for various pleadings in the federal circuit courts of appeal.

Later today, I will have a follow-up post quoting some of the comments that I received from federal appellate judges who responded to this blog's recent survey asking whether they supported or opposed the FRAP briefing word limits reduction amendment and discussing additional conclusions that I believe one can fairly draw from the results of that survey.
Posted at 08:24 AM by Howard Bashman


Thursday, May 28, 2015

"Justices toss Washington law countering bad-faith lawsuits; The Supreme Court has struck down Washington's anti-SLAPP law that attempts to curtail lawsuits brought in bad faith to hinder public discussion": The Associated Press has this report.

And at "The Volokh Conspiracy," Eugene Volokh has a post titled "Washington Supreme Court strikes down anti-SLAPP statute as violating the right to trial by jury."

You can access today's unanimous ruling of the Supreme Court of the State of Washington at this link.
Posted at 04:12 PM by Howard Bashman



"Hawaii Military Carve Out May Play Role in Voting District Case": Jess Bravin has this post today at WSJ.com's "Law Blog."
Posted at 04:03 PM by Howard Bashman


"Roberts at 10: The Strongest Free Speech Court in History?" David H. Gans has this report online today at the Constitutional Accountability Center.
Posted at 03:44 PM by Howard Bashman


"Justice Alito's Son Quits Gibson Dunn for Capitol Hill Job; Philip Alito takes post as a counsel to Republicans on a Senate investigative subcommittee": Tony Mauro had this post last night at "The BLT: The Blog of Legal Times."
Posted at 03:12 PM by Howard Bashman


"U.S. judge grills lawyer defending Obama's healthcare law changes": Lindsay Dunsmuir of Reuters has this report.

The Associated Press reports that "Administration asks judge to toss House health care suit."

And Dylan Scott of National Journal reports that "Judge Initially Skeptical of Plea to Dismiss House GOP's Obamacare Lawsuit; The administration says the House doesn't have standing to challenge how it implements the Affordable Care Act."
Posted at 02:50 PM by Howard Bashman



The Committee on Rules of Practice and Procedure has approved the FRAP briefing word limit reduction amendment: Here's an early report from a "How Appealing" reader who attended today's meeting:
[T]he Standing Committee approved the amendments to the Appellate Rules that were included in the Agenda Book. Judge Graber abstained from the vote on the reduced brief length limits, voicing many of the arguments that were raised during the comment period.
With respect to this blog's 25-hour survey of federal appellate judges to ascertain their degree of support for or opposition to the FRAP briefing word limit reduction amendment, let me begin by disclosing that the number of responses received was too small to be statistically significant. The total number of votes received do not include any votes from judges serving on the First, Second, and Tenth Circuits, because no judges serving on those courts responded to the survey.

Of the judges who emailed me in response to the survey after it appeared here yesterday at 11 a.m. eastern time, the votes opposing the brief word limit reduction amendment exceeded the votes supporting the word limit reduction amendment by a ratio of 2-to-1. Nevertheless, because the vast majority of federal appellate judges did not respond to the survey, it is not appropriate to extrapolate from the data available to me what the overall level of support among federal appellate judges for the FRAP briefing word limit reduction actually happens to be. Of course, I thank those federal appellate judges who took the time to respond to this survey.

Next up, the Judicial Conference of the United States will consider whether to approve the pending rule amendments.
Posted at 01:38 PM by Howard Bashman



"Apple loses bid to disqualify antitrust monitor -- US court": Jonathan Stempel and Nate Raymond of Reuters have this report.

The Associated Press has a report headlined "Appeals court: Apple must submit to imposition of monitor."

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Apple Loses Appeal Over Court-Appointed Antitrust Monitor."

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



"Constitution Check: Do the Supreme Court and other federal courts need a watchdog?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:03 PM by Howard Bashman


"Friend-of-Court Briefs Raise Recusal Questions for Justices": Jess Bravin has this post today at WSJ.com's "Law Blog."
Posted at 12:57 PM by Howard Bashman


"White House has been aided recently by ruling in contraceptives case": Robert Barnes has this article in today's edition of The Washington Post.
Posted at 12:15 PM by Howard Bashman


How to vote in this blog's survey of federal appellate judges on reducing the maximum length of briefs from 14,000 to 13,000 words: If you are a federal appellate judge, simply send me an email stating whether you SUPPORT or OPPOSE the proposal. This blog's email address is appellateblog@hotmail.com. This post will remain here at the top of this page until noon eastern time today, at which point voting will close. The results of this survey will be announced here at or before 2 p.m. eastern time today. Further details concerning this first ever "How Appealing" survey of federal appellate judges and the proposed FRAP brief length reduction amendment can be accessed in this post from yesterday.
Posted at 12:00 PM by Howard Bashman


"Supreme Court Litmus Testing in the 2016 Election": Linda Greenhouse has this essay online at The New York Times.
Posted at 08:03 AM by Howard Bashman


"Abrahamson appeals federal court order allowing her to be replaced as chief justice": The Associated Press has a report that begins, "Wisconsin Supreme Court Justice Shirley Abrahamson has appealed a federal court ruling temporarily denying her attempt to remain as chief justice."
Posted at 08:00 AM by Howard Bashman


Wednesday, May 27, 2015

"Terrorism conviction upheld for ex-janitor at Minneapolis mosque": The Minneapolis Star Tribune has this news update.

And The Associated Press reports that "Minnesota man's conviction in al-Shabab case affirmed."

My earlier coverage of today's Eighth Circuit ruling appears at this link.
Posted at 11:09 PM by Howard Bashman



"Roy Moore suggests impeachment of U.S. Supreme Court justices who perform same-sex marriages": Kelsey Stein of The Birmingham News has this report.
Posted at 11:04 PM by Howard Bashman


"Georgia Justice: The Supreme Court will review a case of blatant racism by prosecutors; For once, there's a paper trail." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 10:02 PM by Howard Bashman


"Formalism and Functionalism in the Fifth Case in the Article III 'Trilogy'": Michael Dorf has this post today at "Dorf on Law."
Posted at 09:00 PM by Howard Bashman


"'One Man, One Vote' Keeps Changing": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:54 PM by Howard Bashman


"Supreme Court: Big Pharma must pay for prescription drug disposal in Alameda County." The Oakland Tribune has this report.
Posted at 06:07 PM by Howard Bashman


"Whistleblowers dodge disaster in Supreme Court's KBR decision": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 06:02 PM by Howard Bashman


"Obama Won't Take Immigration Battle Directly to Supreme Court": Michael D. Shear of The New York Times has a news update that begins, "President Obama will put off a confrontation at the Supreme Court over his immigration executive actions, choosing not to ask for permission to carry out the programs while a fight over presidential authority plays out in the lower courts, officials said Wednesday."
Posted at 05:26 PM by Howard Bashman


"Nebraska Abolishes Death Penalty": Julie Bosman of The New York Times has a news update that begins, "Nebraska on Wednesday became the first conservative state in more than 40 years to abolish the death penalty, with lawmakers defying their Republican governor, Pete Ricketts, a staunch supporter of capital punishment who had lobbied vigorously against banning it."

The Lincoln Journal Star has a news update headlined "Senators vote to repeal death penalty."

And Joe Duggan of The Omaha World-Herald Bureau has a news update headlined "Nebraska senators override governor's veto, repeal death penalty."
Posted at 05:10 PM by Howard Bashman



"Presently, we consider the effectiveness of an anticipatory invocation of the Miranda-based right to counsel." So begins a majority opinion that the Supreme Court of Pennsylvania issued yesterday. The decision holds that the anticipatory invocation of Miranda rights, communicated via fax to the Philadelphia Police Department and the Philadelphia District Attorney's Office while the defendant remained in Florida awaiting extradition, did not necessitate suppression of the defendant's uncounseled confession to police detectives following his return to Pennsylvania.

Only four Justices participated in the ruling. A total of three Justices joined in the majority opinion. One of those three also issued a concurring opinion. And the remaining Justice issued a dissent.
Posted at 03:33 PM by Howard Bashman



"After thoroughly reviewing the FISA materials, we have no hesitation concluding that probable cause under FISA existed under any standard of review." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit in a ruling issued today in the case captioned United States v. Mahamud Said Omar.
Posted at 01:34 PM by Howard Bashman


"Health law court case winner could be political loser": The Associated Press has a report that begins, "The party that wins the impending Supreme Court decision on President Barack Obama's health care law could be the political loser."
Posted at 01:26 PM by Howard Bashman


"Leading the secret FISA court: Q&A with Judge Reggie Walton." CNN.com published this interview last Friday evening.
Posted at 12:58 PM by Howard Bashman


"Federal appeals court rejects Arkansas' 12-week abortion ban": The Associated Press has this report on a per curiam opinion that the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 12:54 PM by Howard Bashman


Questioning the constitutionality of 18 U.S.C. sec. 2423(c), which makes it a federal crime for a U.S. citizen to sexually abuse a minor on foreign soil: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link. Only two of the three judges on the panel joined in the portion of the opinion described in the title of this post.
Posted at 12:48 PM by Howard Bashman


This blog's first ever (and, if unsuccessful, perhaps last ever) survey of federal appellate judges: Tomorrow and Friday in Washington, DC, the Committee on Rules of Practice and Procedure -- which sits atop the public proceedings in the federal rule amendment process -- will be meeting. Among the issues scheduled to be considered and acted on is the proposal to shorten the word limits for federal appellate briefs. You can view the agenda book for the meeting via this link, and the agenda book's discussion of this particular amendment begins here.

To summarize, currently the Federal Rules of Appellate Procedure allow a party's main brief on appeal to contain up to 14,000 words. The Advisory Committee on Appellate Rules proposed an amendment that would reduce the maximum length to 12,500 words. After significant opposition was received from experienced appellate practitioners, last month the Appellate Advisory Committee approved a compromise proposal providing that the maximum word length would be reduced to 13,000 words and that federal appellate courts would be encouraged by means of a comment to the rule to relax any existing impediments to granting extensions of the word limits so that extensions would be available in appropriately complex cases.

Earlier this month, I was fortunate to serve as the moderator of a panel at the Judicial Conference of the U.S. Court of Appeals for the Fifth Circuit. Although the Fifth Circuit is one of the busiest federal appellate courts in the nation, three active judges serving on that court informed me in connection with my attendance at the conference that they would prefer to keep the current 14,000-word limit for federal appellate briefs. This caused me to wonder about whether federal appellate judges on the whole in fact support the proposed word limit reduction amendment and, if so, to what degree.

Thus, starting now (at 11 a.m. eastern time today) and ending at 12 noon eastern time on Thursday, I am asking U.S. Court of Appeals judges who wish to be counted in this survey to send me an email from their work email address to this blog's email address [appellateblog@hotmail.com] stating simply whether they SUPPORT or OPPOSE the word limit reduction amendment in its current form. Not later than 2 p.m. tomorrow, I will publish the results of this survey here at "How Appealing." I will not identify by name, circuit, or in any other respect any judges who respond to this survey. I will, however, reprint verbatim any statement of explanation that anyone chooses to provide, but no response beyond a vote of SUPPORT or OPPOSE is requested or anticipated.

As matters currently stand, the vote is 6 federal appellate judges in favor of the amendment and 4 opposed. I will not be providing interim results before the final tally is announced at 2 p.m. eastern time tomorrow, so that current tally is based on votes that have been cast in my presence by currently serving U.S. Court of Appeals judges in advance of the official start of voting.
Posted at 11:00 AM by Howard Bashman



"By Reason of Insanity: The first successful use of the insanity plea was a high-profile murder trial that riveted antebellum America." Alexis Coe has this essay online at Lapham's Quarterly.
Posted at 10:22 AM by Howard Bashman


"When expert testimony isn't: Tainted evidence wreaks havoc in courts, lives; Across the country, the criminal justice system is grappling with the fallout from decades of faulty analysis in criminal cases that may have resulted in thousands of wrongful convictions." Henry Gass of The Christian Science Monitor has this report.
Posted at 10:12 AM by Howard Bashman


"FAC 5 (First Amendment Conversations) Madison Unplugged: A Candid Q&A with Burt Neuborne about Law, Life & His Latest Book." Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 10:10 AM by Howard Bashman


"In Memoriam: Daniel J. Meltzer '75." Available here via Harvard Law Today.
Posted at 10:07 AM by Howard Bashman


"Are Federal Appellate Courts Growing Impatient with Procedural Errors? -- Risks for Clients and Their Counsel." The law firm of Schnader Harrison Segal & Lewis LLP has issued this Appellate Alert discussing several matters that are likely to be familiar to regular readers of this blog.
Posted at 09:45 AM by Howard Bashman


"Supreme Court to Consider How to Calculate Size of Voting Districts; Justices to consider whether eligible voters, not total population, should define districts": Jess Bravin has this article in today's edition of The Wall Street Journal.

In today's edition of The New York Times, Adam Liptak has a front page article headlined "Supreme Court Agrees to Settle Meaning of 'One Person One Vote.'"

Warren Richey of The Christian Science Monitor reports that "Supreme Court to examine if Texas districts violate one person, one vote."

The Los Angeles Times reports that "Supreme Court could deal California 'a one-two punch' on redistricting."

And in commentary, online at Slate law professor Richard L. Hasen -- author of the "Election Law Blog" -- has a jurisprudence essay titled "Only Voters Count? Conservatives ask the Supreme Court to restrict states' rights and overturn precedent."
Posted at 09:42 AM by Howard Bashman



Tuesday, May 26, 2015

"Anti-Gay Marriage Bill Gets Another Try": The Texas Tribune has this report.
Posted at 11:10 PM by Howard Bashman


"Gunfire from U.S., a death in Mexico. Can grieving family sue in U.S.?" Nigel Duara of The Los Angeles Times has this news update.

The Arizona Daily Star has a news update headlined "Appeals likely in deadly border-shooting case, hearing shows."

And The Arizona Republic has a news update headlined "Does Mexican boy killed by Border Patrol agent have constitutional rights?"
Posted at 10:52 PM by Howard Bashman



"Let Oracle own API's, Justice Dept tells top court in surprise filing": Jeff John Roberts of Fortune has this report. You can access the Solicitor General's amicus brief at this link.
Posted at 10:38 PM by Howard Bashman


"Sister Megan Rice, Freed From Prison, Is Unapologetic for Anti-Nuclear Activism": William J. Broad will have this article in Wednesday's edition of The New York Times.
Posted at 09:00 PM by Howard Bashman


"Supreme Court Rules on Whistle-Blower Case and Bankruptcy Judges": Adam Liptak will have this article in Wednesday's edition of The New York Times.

Katy Stech of The Wall Street Journal reports that "Supreme Court Backs Power of Bankruptcy Judges; Decision allows bankruptcy judges to make final decisions on matters if all parties consent." You can freely access the full text of the article via Google.

Tom Hals of Reuters reports that "Supreme Court ruling endorses role of bankruptcy judges."

The Associated Press reports that "Supreme Court clarifies power of bankruptcy judges."

And at Forbes.com, Daniel Fisher has a post titled "Sotomayor And Roberts Clash As Supreme Court Expands Power Of Bankruptcy Courts."
Posted at 08:20 PM by Howard Bashman



"High court to consider appeal over exclusion of black jurors": Sam Hananel of The Associated Press has this report.

Lawrence Hurley of Reuters reports that "U.S. justices to hear Georgia inmate's race claim over jury selection."

And The Guardian (UK) reports that "US supreme court to review murder case that excluded all potential black jurors."
Posted at 08:12 PM by Howard Bashman



"Agent who shot into Mexico, killed teen wants case dismissed": The Associated Press has a report that begins, "A federal judge is considering throwing out a civil rights lawsuit against a U.S. Border Patrol agent who fatally shot a teenager across the U.S.-Mexico border on grounds that the boy was in Mexico at the time and therefore wasn't protected by the U.S. Constitution."
Posted at 08:06 PM by Howard Bashman


"Nebraska Governor Vetoes Bill to Abolish Death Penalty": Julie Bosman of The New York Times has this news update.

The Lincoln Journal Star reports that "Ricketts vetoes death penalty repeal."

And The Omaha World-Herald reports that "Ricketts vetoes death penalty repeal bill; at least 1 senator flips and won't vote for override."
Posted at 07:56 PM by Howard Bashman



"Montana's rule on campaign contribution limits is headed back to court": Maura Dolan of The Los Angeles Times has this news update.

The Associated Press reports that "Appeals court sets high bar for states to limit donors' campaign contributions."

Courthouse News Service reports that "MT's Campaign-Donor Limits Still Up in the Air."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Montana Campaign Contribution Limits Get Second Chance."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 07:34 PM by Howard Bashman



"Obama administration asks U.S. top court not to hear Google copyright fight": Lawrence Hurley and Dan Levine of Reuters have a report that begins, "The Obama administration on Tuesday sided against Google Inc and said the U.S. Supreme Court should not hear the company's appeal in a case against Oracle Corp with wide implications for the technology industry, according to a court filing."
Posted at 06:03 PM by Howard Bashman


"Appeals court keeps immigration policy on hold": Lyle Denniston of "SCOTUSblog" has this post.

My earlier coverage of today's Fifth Circuit ruling appears at this link.
Posted at 05:33 PM by Howard Bashman



"Republicans grope for Obamacare replacement: An upcoming Supreme Court verdict complicates matters." Jennifer Haberkorn and Rachael Bade of Politico.com have this report.
Posted at 05:30 PM by Howard Bashman


"20-week abortion ban in West Virginia becomes law": The Associated Press has this report.
Posted at 05:28 PM by Howard Bashman


In the June 2015 issue of ABA Journal magazine: Mark Walsh has an article headlined "June is busting out all over with big-time SCOTUS decisions."

Kevin Davis has an article headlined "Faith and fiscal responsibility cause many conservatives to change their view of the death penalty."

And James Podgers has an article headlined "America's Magna Carta: The Great Charter sealed by King John of England in 1215 is widely viewed as a direct influence on liberties and constitutional democracy in the United States."
Posted at 05:22 PM by Howard Bashman



Majority on divided Fifth Circuit panel affirms preliminary injunction blocking implementation of President Obama's executive orders on immigration: You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

In early news coverage, Julia Preston of The New York Times has a news update headlined "Appeals Court Denies Bid to Let Obama Immigration Plan Proceed."

The Los Angeles Times reports that "Federal court refuses to lift order halting Obama immigration programs."

Stephen Dinan of The Washington Times reports that "Federal appeals court deals blow to President Obama's amnesty."

The Associated Press reports that "Court won't lift hold on Obama immigration action."

Laurel Brubaker Calkins of Bloomberg News reports that "Obama Administration Loses Bid to Implement Immigration Orders."

And Adam B. Lerner and Josh Gerstein of Politico.com report that "Obama dealt another legal setback on immigration."
Posted at 02:13 PM by Howard Bashman



"U.S. top court rules against Cisco Systems in patent infringement fight": Lawrence Hurley of Reuters has this report.

And at "Patently-O," Dennis Crouch has a post titled "Commil v. Cisco: Belief-of-Invalidity not a Defense to Inducement."
Posted at 01:30 PM by Howard Bashman



"Supreme Court Sides With KBR, Halliburton on Lawsuit Time Limits; Court rules whistleblowers don't get extra time to file civil false-claims suits when the U.S. is at war": Brent Kendall of The Wall Street Journal has this news update.

Greg Stohr of Bloomberg News reports that "KBR, Halliburton Win at U.S. Supreme Court on Suit Deadlines."

And Lawrence Hurley of Reuters reports that "U.S. top court backs contractor KBR in Iraq whistleblower case."
Posted at 01:28 PM by Howard Bashman



"Supreme Court to hear challenge to Texas redistricting plan": Robert Barnes of The Washington Post has this news update.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court to hear case that could change how voting districts are drawn."

Richard Wolf of USA Today reports that "Supreme Court to consider redefining 'one-person, one-vote' principle."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court to hear Texas 'one man, one vote' case."

Michael Lindenberger of The Dallas Morning News reports that "Supreme Court to hear redistricting Texas case seeking to clarify one-person-one-vote."

Mark Sherman of The Associated Press reports that "Supreme Court to hear challenge over counting non-citizens in redistricting plans."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court to hear Texas state Senate redistricting case."

Greg Stohr of Bloomberg News reports that "Supreme Court Accepts Urban-Rural Redistricting Case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Major test on voter equality set for review."
Posted at 01:22 PM by Howard Bashman



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

1. Justice Sonia Sotomayor delivered the opinion of the Court in Wellness Int'l Network Ltd. v. Sharif, No. 13-935. Justice Samuel A. Alito, Jr. issued an opinion concurring in part and concurring in the judgment. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justice Antonin Scalia joined in full and Justice Clarence Thomas joined in part. And Justice Thomas issued a dissenting opinion. You can access the oral argument via this link.

2. Justice Alito delivered the opinion for a unanimous Court in Kellogg Brown & Root Services, Inc. v. United States, ex rel, Carter, No. 12-1497. You can access the oral argument via this link.

3. And Justice Anthony M. Kennedy delivered the opinion of the Court in Commil USA, LLC v. Cisco Systems, Inc., No. 13-896. Justice Thomas joined the majority opinion in part. And Justice Scalia issued a dissenting opinion, in which Chief Justice Roberts joined. Justice Stephen G. Breyer did not participate in the ruling. You can access the oral argument via this link.
Posted at 10:04 AM by Howard Bashman



"Pending Supreme Court Cases: Kimberly Robinson talked about pending Supreme Court rulings for the 2014-15 term." You can view the video of this segment from today's broadcast of C-SPAN's "Washington Journal" via this link.
Posted at 09:35 AM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: At this link. The Court today granted review in two new cases and noted jurisdiction in one appeal.
Posted at 09:32 AM by Howard Bashman


"Supreme Court to soon rule on 13 important cases": David G. Savage of The Los Angeles Times has this report.
Posted at 07:50 AM by Howard Bashman


Monday, May 25, 2015

"Maligned Study on Gay Unions Is Shaking Trust": Benedict Carey and Pam Belluck will have this front page article in Tuesday's edition of The New York Times.
Posted at 11:52 PM by Howard Bashman


"First Amendment experts weigh in on whether schools can suspend students for social media activity": The Tulsa World has this report.
Posted at 11:37 PM by Howard Bashman


"Health Costs Hinge on Supreme Court Ruling; Subsidies that made insurance plans affordable face a crucial test with decision expected in June": Stephanie Armour 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.
Posted at 11:35 PM by Howard Bashman


"Loving v. Virginia looms large in gay marriage case": Markus Schmidt had this article in Sunday's edition of The Richmond Times-Dispatch.
Posted at 11:10 PM by Howard Bashman


"Contested Words in Health Law May Have Been Left by Mistake": Robert Pear will have this front page article in Tuesday's edition of The New York Times.
Posted at 09:25 PM by Howard Bashman


"Third Circuit Creates Turmoil Over Certification; Appeals court won't rehear case that changes long-standing inquiry regarding class definition": Arthur H. Bryant has this essay in this week's issue of The National Law Journal.
Posted at 08:40 PM by Howard Bashman


"Committee approves new home for Supreme Court in Las Vegas": The Las Vegas Sun has this report.
Posted at 08:27 PM by Howard Bashman


"Presidential Candidates Continue to Take Shots at the Supreme Court; From gay marriage to Citizens United, there's plenty for the candidates on both sides of the political spectrum to complain about": David Knowles of Bloomberg News has this report.
Posted at 08:24 PM by Howard Bashman


"Appeals court focuses on Virginia death row inmate's ability to handle daily tasks": The Associated Press has a report that begins, "Arguments in a federal appeals court suggest that a Virginia death row inmate's claim that he can't be executed because he is intellectually disabled could turn on his ability to handle everyday tasks."

You can access via this link (16.1 MB mp3 audio file) the audio of last week's oral argument in this case before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit.
Posted at 10:14 AM by Howard Bashman



"TN Supreme Court to weigh public records case": Stacey Barchenger of The Tennessean has an article that begins, "A case pitting public records law and the privacy of crime victims and police evidence is before the Tennessee Supreme Court for consideration Thursday."
Posted at 10:07 AM by Howard Bashman


"What it cost Indiana to fight same-sex marriage": The Indianapolis Star has an article that begins, "The state paid more than $1.4 million in fees to plaintiffs' attorneys in five federal court cases that challenged -- and ultimately helped overturn -- Indiana's ban on same-sex marriages, according to the attorney general's office."
Posted at 10:00 AM by Howard Bashman


"Ruling may gut 'Obamacare,' but Republicans would feel the heat if millions lose subsidies": The Associated Press has this report.
Posted at 09:55 AM by Howard Bashman


Sunday, May 24, 2015

"Staging Scalia: The Originalist misses the point of originalism." Law professor John O. McGinnis has this essay online at City Journal.
Posted at 11:28 PM by Howard Bashman


"Plaintiffs from Utah's landmark gay marriage case tie the knot": Jennifer Dobner of The Salt Lake Tribune has a news update that begins, "The couple at the center of the historic federal lawsuit that overturned Utah's ban on same-sex marriage in 2013 tied the knot on Sunday in a public wedding ceremony at the Gallivan Center in the heart of Salt Lake City."
Posted at 09:00 PM by Howard Bashman


"For-Profit and Non-profit Organizations Should Enjoy the Same Civic Rights": John O. McGinnis has this post today at the "Library of Law and Liberty" blog.
Posted at 04:00 PM by Howard Bashman


"Ohio House bill would ban abortions spurred by diagnosis of Down syndrome": Today's edition of The Columbus Dispatch contains a front page article that begins, "Ohio could become the second state to ban women from having an abortion because of a fetal diagnosis of Down syndrome."
Posted at 11:45 AM by Howard Bashman


"Arizona Legislature, Congress at odds on redistricting": Rebekah L. Sanders of The Arizona Republic has this report.
Posted at 11:44 AM by Howard Bashman


Saturday, May 23, 2015

Second Circuit Clerk's Office, once again, has issues with keeping "under seal" opinion under seal: Nearly eight years ago, I was involved in one such incident, detailed here, here, and here.

Something similar happened once again yesterday. As I previously noted in this post, yesterday the Second Circuit issued an order in a case of public interest stating that the court's opinion was filed under seal and would be issued next Tuesday, possibly in redacted form after the parties have received an opportunity to suggest any desired redactions.

Late yesterday, however, Reuters published a revised version of its article headlined "Actavis cannot drop old version of Alzheimer's drug -- appeals court." According to that article, "The decision was filed under seal, but a copy was provided to a Reuters reporter by a member of the court clerk's office upon request." It is certainly remarkable that the Second Circuit's Clerk's Office would apparently provide a news reporter with a copy of an under-seal opinion not scheduled for public release until next Tuesday -- and subject to redaction in the interim before public release -- merely because the reporter asked to see a copy of the opinion.
Posted at 10:14 PM by Howard Bashman



"Non-profit brings voting rights campaign to V.I." Today's edition of The Virgin Islands Daily News contains an article that begins, "Quirks of federal law and a century-old U.S. Supreme Court ruling about the shipment of oranges keep residents of territories like the U.S. Virgin Islands from having the right to vote in presidential elections."
Posted at 09:26 PM by Howard Bashman


"In new open records case, Thomas Woznicki invokes 'the Woznicki rule'": Bruce Vielmetti has this front page article in today's edition of The Milwaukee Journal Sentinel.
Posted at 09:21 PM by Howard Bashman


"Strict sentences come under fire in Pa. courts": Riley Yates of The Morning Call of Allentown, Pennsylvania has this report.
Posted at 09:16 PM by Howard Bashman


"Local attorney on mission to win legal status, freedom for chimps": The South Florida Sun Sentinel of Fort Lauderdale has this report.
Posted at 09:12 PM by Howard Bashman


"As Americans become more liberal, will Supreme Court follow on gay marriage?" Brad Knickerbocker of The Christian Science Monitor has this report.
Posted at 12:52 PM by Howard Bashman


Friday, May 22, 2015

"Supreme Court of Canada orders new trial in child porn case; Donny Barabash, Shane Rollison of Alberta were originally acquitted of making child pornography as videos were consensual and for private use": The Toronto Star has this news update.

Sean Fine of The Toronto Globe and Mail has a news update headlined "Supreme Court ruling blocks adults from exploiting apparent teen consent."

National Post has a news update headlined "Sex with 14-year-olds legal in 2008, but probably not while videotaping it in a crack house: top court."

And The Canadian Press reports that "Supreme Court orders new trial for Alberta men who made sex tapes of 14-year-old runaways."

You can access today's ruling of the Supreme Court of Canada at this link.
Posted at 10:54 PM by Howard Bashman



"Crooks says Roggensack threatened to throw justices off cases": Patrick Marley of The Milwaukee Journal Sentinel has a news update that begins, "Days before three state Supreme Court justices skipped ceremonies to admit new lawyers to the bar, Justice N. Patrick Crooks accused newly elected Chief Justice Patience Roggensack of breaking court rules by threatening to throw him off a case without any authority."
Posted at 05:09 PM by Howard Bashman


"We conclude that the content of New York's custom license plates constitutes private speech and that the plates themselves are a nonpublic forum." So holds the majority on a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit in a decision issued today.

Today's ruling reverses a decision of the U.S. District Court for the Northern District of New York holding that the New York State Department of Motor Vehicles violated the First Amendment rights of Children First Foundation when the agency refused to approve an application to issue a "Choose Life" custom license plate.

In early coverage, The New York Daily News reports that "New York DMV's decision to reject 'Choose Life' license plates upheld by appeals court."

The Second Circuit issued an earlier ruling in this case back in March 2006, and my coverage of that ruling can be accessed here.
Posted at 01:07 PM by Howard Bashman



"Tobacco Industry Picks Up Tailwind as Smoker Suits Dealt Setback": Margaret Cronin Fisk and Bob Van Voris of Bloomberg News have a report that begins, "A little-noticed ruling by three federal judges may have tipped the scales in favor of the tobacco industry's bid to put decades of smoker lawsuits behind it."

My earlier coverage of last month's Eleventh Circuit ruling appears here and here.
Posted at 12:58 PM by Howard Bashman



"U.S. court hands partial win to tobacco firms over judge-ordered disclosures": Lawrence Hurley of Reuters has this report.

Sam Hananel of The Associated Press reports that "Tobacco firms get partial win over claims on smoking effects."

And Bloomberg News reports that "Cigarette Packs Must Concede Addictive Intent, Not Deception."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 12:51 PM by Howard Bashman



"Actavis cannot drop old version of Alzheimer's drug -- appeals court": Reuters has this report on an order that the U.S. Court of Appeals for the Second Circuit issued today.

Today's order states that the three-judge panel has filed an opinion under seal explaining the basis for the affirmance and gives the parties until next Tuesday at 1 p.m. to advise whether the opinion should be unsealed in full or with portions redacted. Happy holiday weekend, counsel!
Posted at 12:45 PM by Howard Bashman



"Senate Judiciary Committee Hearings: Luis Restrepo Nomination Delay Leads to Backlog of Cases." Latin Post has this report today.

And in related commentary, The Wisconsin State Journal has an editorial titled "Judicial vacancy highlights Washington dysfunction."
Posted at 12:38 PM by Howard Bashman



"Banks hope to benefit from high court ruling on discrimination": Lawrence Hurley of Reuters has this report.
Posted at 12:33 PM by Howard Bashman


"State Supreme Court upholds grandparents' visitation rights": Today's edition of The Nashua (N.H.) Telegraph contains a front page article (subscription required for full access) that begins, "Grandparents don't lose their right to visit their grandchildren even if the children's parents die and somebody else adopts the child, the state supreme court has ruled."

You can access last Tuesday's ruling of the Supreme Court of New Hampshire at this link.
Posted at 08:07 AM by Howard Bashman



"Anti-Gay Groups Gear Up To Fight A 30-Year-Old Supreme Court Victory Over Racism": Ian Millhiser has this essay online at ThinkProgress.
Posted at 08:00 AM by Howard Bashman


Thursday, May 21, 2015

"Homecoming for Judge Reinhardt at Pomona College": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release.

You can view the video of Circuit Judge Stephen Reinhardt's remarks via this YouTube link.
Posted at 11:42 PM by Howard Bashman



"HSBC wins reversal of $2.46 billion Household judgment": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 10:10 PM by Howard Bashman


"Judy Clarke Has Saved Every American Villain. Until Dzhokhar Tsarnaev. Along with the Boston Bomber, she has defended Ted Kaczynski, Zacarias Moussaoui, Eric Rudolph, and Susan Smith in court. By saving the worst among us, Clarke believes she's saving all of us. Whether we like it or not." Jennifer Percy will have this article in the June/July 2015 issue of Esquire magazine.
Posted at 10:02 PM by Howard Bashman


"The Unquenchable Thirst For Supreme Court Tea Leaves: Did you hear what that justice just said?!? During the 'silly season' of waiting for big decisions, court watchers obsess over any and all clues." Sam Baker has this report online today at National Journal.
Posted at 08:57 PM by Howard Bashman


"Obama's Game of Chicken with the Supreme Court": Jeffrey Toobin has this post online today at The New Yorker.
Posted at 08:52 PM by Howard Bashman


"Strikethrough (Fatality): The origins of online stalking of abortion providers." Law professor David S. Cohen and attorney Krysten Connon have this jurisprudence essay online today at Slate.
Posted at 08:35 PM by Howard Bashman


"Accommodation of Deaf IBM Worker OK'd": Courthouse News Service has this report on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 08:30 PM by Howard Bashman


"Inmate who won order for sex reassignment surgery recommended for parole": The Los Angeles Times has this news update.

The article explains that "[a]t the same time, a federal appeals judge on Thursday granted the state's request for a stay, suspending the April decision by a U.S. District Court Judge Jon Tigar that Michelle-Lael Norsworthy has a constitutional right to the surgery."

You can access today's per curiam stay order of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 03:56 PM by Howard Bashman



"Bias and the justices: A taxing decision." Steven Mazie has this post at the "Democracy in America" blog of The Economist.

And today at "Dorf on Law," Michael Dorf has a post titled "Congressional Power to Authorize Dormant Commerce Clause Violations" discussing his recent Justia.com Verdict column titled "Is the Dormant Commerce Clause a 'Judicial Fraud'?"
Posted at 02:00 PM by Howard Bashman



"A Few Surprises in San Francisco v. Sheehan": Richard M. Re has this post at "PrawfsBlawg."
Posted at 01:57 PM by Howard Bashman


"D.C. Circuit: Catholic Archbishop Must Facilitate Provision of Contraceptives and Abortifacients." Ed Whelan had this post today at National Review's "Bench Memos" blog.
Posted at 01:48 PM by Howard Bashman


Eighth Circuit upholds National Football League's settlement of class action resolving litigation surrounding NFL Films' use of former NFL players' likenesses and identities: You can access today's ruling of a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 01:45 PM by Howard Bashman


"Rough Justice Is Not Simple Justice: Fourth Circuit Guts Wal-Mart v. Dukes and Creates Circuit Split by Ordering Title VII Claims Certified as Rule 23(b)(3) Class." Derek Stikeleather has this post today at the "Maryland Appellate Blog."
Posted at 11:30 AM by Howard Bashman


"Why Is It So Easy for States to Execute the Mentally Ill?" Jordan Smith had this post online yesterday at The Intercept.

And online at The Nation, Bruce Shapiro has an essay titled "What's Wrong With the Federal Death Penalty: Dzhokhar Tsarnaev was sentenced to death by a federal jury in a state that firmly repudiates capital punishment."
Posted at 11:23 AM by Howard Bashman



"When it comes to the death penalty, California should follow Nebraska": Columnist Scott Martelle has this essay online at The Los Angeles Times.
Posted at 11:20 AM by Howard Bashman


"Posner's Pottage": Ed Whelan had this post yesterday at National Review's "Bench Memos" blog.
Posted at 11:17 AM by Howard Bashman


"Abortion 'parody' of NAACP is constitutional speech: court; Pro-life group prevails in trademark suit with famous civil rights group": Cheryl Wetzstein of The Washington Times has this report.

My earlier coverage of Tuesday's Fourth Circuit ruling can be accessed here.
Posted at 11:15 AM by Howard Bashman



"Senate Has Confirmed Just Two Judges in 2015": Jacob Gershman had this post yesterday at WSJ.com's "Law Blog."

And online at The Washington Post, Al Kamen's "In the Loop" blog had an entry Tuesday titled "Want to be called 'Your Honor?' You may have to wait for that."
Posted at 11:12 AM by Howard Bashman



Wednesday, May 20, 2015

"The (Un)Importance of the Supreme Court": Michael Dorf had this post Monday at his blog, "Dorf on Law."
Posted at 10:52 PM by Howard Bashman


"Courts: Hobby Lobby ruling does not mean you don't have to sign a form." Irin Carmon of msnbc.com has this report.

As the article discusses, today the U.S. Court of Appeals for the D.C. Circuit issued an order denying rehearing en banc in one such case. The order was accompanied by a concurrence and two dissents.
Posted at 10:44 PM by Howard Bashman



In articles of interest available online via SSRN: Law professor Elizabeth G. Porter has an article titled "Pragmatism Rules" whose syllabus begins, "The Roberts Court's decisions interpreting the Federal Rules of Civil Procedure are reshaping the litigation landscape."

And Bradley Girard has an article titled "Don't Try This at Home: The Troubling Distortion of Rule 68."

Both articles via "Legal Theory Blog" (here and here).
Posted at 10:28 PM by Howard Bashman



"Appeals court denies Don Siegelman's bid for new trial": Brian Lyman of The Montgomery Advertiser has this report.

And The Associated Press has a report headlined "Don Siegelman denied new trial: Bribery conviction, prison sentence upheld by federal appeals court."

You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 09:32 PM by Howard Bashman



"Sixth Circuit creates circuit split on private search doctrine for computers": Orin Kerr has this post today at "The Volokh Conspiracy" about a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 09:16 PM by Howard Bashman


"Federal court rejects Notre Dame birth control challenge": The South Bend Tribune has this report.

Tom Howell Jr. of The Washington Times reports that "Notre Dame suit to duck Obamacare birth-control mandate denied -- again."

And The Associated Press reports that "Court won't exempt Notre Dame from birth control provision."

My earlier coverage of yesterday's Seventh Circuit ruling appears here and here.
Posted at 09:14 PM by Howard Bashman



"Capital punishment's slow death": Columnist George F. Will has this essay online at The Washington Post.
Posted at 09:07 PM by Howard Bashman


"Supreme Court Showbiz: These new dramatizations miss the real drama." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:40 PM by Howard Bashman


"Lethal Entanglements: Lethal injection was supposed to be a cleaner, more humane version of capital punishment; Over the past five years, it has become a messy, largely unmonitored testing ground for toxic drugs." Ben Crair will have this article in the upcoming issue of The New Republic magazine.
Posted at 04:10 PM by Howard Bashman


"The Obamacare Curse: What If, Next Month, the Republicans Finally Get What They Want?" Jonathan Chait has this article in the May 18, 2015 issue of New York magazine.
Posted at 01:32 PM by Howard Bashman


"Drop in Patent Lawsuits, Damages Blunts Call for Congress to Act": Susan Decker of Bloomberg News has this report.
Posted at 01:30 PM by Howard Bashman


"This appeal concerns the constitutionality of four provisions of Hawaii's campaign finance laws under Citizens United": So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:22 PM by Howard Bashman


"Nebraska lawmakers vote to repeal death penalty; Ricketts has promised a veto": Joe Duggan of The Omaha World-Herald has this news update.

And The Lincoln Journal Star has a news update headlined "Death penalty repeal passes Legislature, awaits veto."
Posted at 01:16 PM by Howard Bashman



"My new book 'The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain.'" Ilya Somin has this post today at "The Volokh Conspiracy."
Posted at 01:14 PM by Howard Bashman


"Catholic soul-searching in Ireland over vote on gay marriage": The Associated Press has this report.
Posted at 01:05 PM by Howard Bashman


"Notre Dame birth-control protest denied again": Lyle Denniston has this post today at "SCOTUSblog."

My earlier coverage of yesterday's Seventh Circuit ruling can be accessed here.
Posted at 01:03 PM by Howard Bashman



"Kansas Lawmakers' Budget Links Court Funding to Judicial Decision; Judicial budget would self-destruct if any court blocks a 2014 law that gave local courts control over their own budgets": Joe Palazzolo has this article in today's edition of The Wall Street Journal. You can freely access the full text of the article via Google.
Posted at 08:32 AM by Howard Bashman


"Pa. Supreme Court race narrows to six candidates after primary": The Patriot-News of Harrisburg, Pennsylvania has this report.

The Pittsburgh Post-Gazette reports that "Three Allegheny County judges win Supreme Court nominations" and "Philadelphia judge beats Colville for Superior Court nomination."

The Philadelphia Inquirer reports that "Dougherty wins spot on November ballot for Supreme Court race."

The Times Leader of Wilkes-Barre, Pennsylvania reports that "Pa. Supreme Court Justice Correale Stevens concedes effort to retain seat."

And The Standard Speaker of Hazleton, Pennsylvania contains an article headlined "Streak over for Justice Stevens."
Posted at 08:24 AM by Howard Bashman



"Appeals court to rehear military medals conviction": The Associated Press has this report on an order granting rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued on Tuesday.

My earlier coverage of the original three-judge panel's now-vacated ruling in the case can be accessed here.
Posted at 12:20 AM by Howard Bashman



Tuesday, May 19, 2015

"Appeals Court Denies Notre Dame's Challenge to Health Law's Contraception Mandate; Panel rules Obama administration's compromise appears adequate to meet university's religious objections": Louise Radnofsky and Brent Kendall will have this article in Wednesday's edition of The Wall Street Journal.

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 11:45 PM by Howard Bashman



"Right to free speech trumps trademark claim -- 4th Circuit": Reuters has a report that begins, "A Virginia pro-life group had a free speech right to publish an article criticizing the National Association for the Advancement of Colored People by satirizing its name, a U.S. appeals court said Tuesday, vacating a judgment that the civil rights organization's trademarks were infringed."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 11:38 PM by Howard Bashman



"Snowden Sees Some Victories, From a Distance": Scott Shane will have this article in Wednesday's edition of The New York Times.
Posted at 11:26 PM by Howard Bashman


"Six judges will vie for three seats on state Supreme Court in November": The Pittsburgh Tribune-Review has this report.
Posted at 11:10 PM by Howard Bashman


"Don't Answer That! San Francisco takes back a question that could have been disastrous for the mentally ill." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 11:04 PM by Howard Bashman


"Dougherty among early leaders in Supreme Court race": The Philadelphia Inquirer has this news update.

And The Associated Press reports that "Pennsylvania Democrats, Republicans pick Kevin Dougherty, Judy Olson as high court nominees."

You can access the current statewide returns from today's primary elections in Pennsylvania via this link.
Posted at 10:20 PM by Howard Bashman



"Legislators pass bill that had been nixed over Islamic law": The Associated Press has a report that begins, "The Idaho Legislature approved federally mandated child support rules Monday, undoing a rejection that had jeopardized U.S. involvement in an international treaty and threatened to collapse the state's payment system."
Posted at 09:08 PM by Howard Bashman


"Philip Morris urges Illinois court to toss $10 billion smokers' verdict": Reuters has this report.

And The Associated Press reports that "Illinois Supreme Court hears $10B Phillip Morris appeal."

You can access both the audio and the video of today's Supreme Court of Illinois oral argument via this link.
Posted at 09:03 PM by Howard Bashman



Access online the May 2015 issue of the Yale Law Journal: Via this link.

In this month's issue, Seventh Circuit Chief Judge Diane P. Wood has a Feature titled "Legal Scholarship for Judges." And Geoffrey C. Shaw has a Note titled "Class Ascertainability."
Posted at 08:42 PM by Howard Bashman



"Anti-Muslim film back up on YouTube after court ruling": The Associated Press has this report.

And online at Slate, Mark Joseph Stern has a post titled "Innocence of Muslims Can Go Back on YouTube. Good."
Posted at 08:32 PM by Howard Bashman



"Judge: Sex-trafficking victims can't sue ad-hosting website Backpage.com." The Boston Herald has an article that begins, "Three women who said they were raped repeatedly after being sold for sex online can't sue the site that hosted the ads because a 'free and open Internet' outweighs the battle against sex trafficking, a federal judge has ruled." The article reports that "[t]he women will appeal, according to their law firm, Ropes & Gray."

I have posted at this link Friday's ruling of the U.S. District Court for the District of Massachusetts.
Posted at 08:27 PM by Howard Bashman



"Court hears about the tall tale of a trooper's missing hat": The Associated Press has a report that begins, "Was firing a state trooper who lied about what happened to his hat justified? That was the question before North Carolina's Supreme Court on Tuesday."
Posted at 04:48 PM by Howard Bashman


"Faced With Legal Puzzles, Judges Often Turn to Fellow Jurists": In Wednesday's edition of The New York Times, Benjamin Weiser will have an article that begins, "Federal district judges are often described as the quintessential deciders, whether from the bench or in written opinions. But what happens when a difficult question arises, the parties are in sharp disagreement, and the answer is not obvious? Turns out they often rely on a rarely discussed resource: the jurist-to-jurist lifeline."
Posted at 01:44 PM by Howard Bashman


"48-hour abortion waiting period signed into Tennessee law": The Tennessean has this report.

And Reuters reports that "Tennessee governor signs law setting 48-hour abortion wait period."
Posted at 01:42 PM by Howard Bashman



"Bill threatens to defund Kansas judicial branch": This front page article appears in today's edition of The Lawrence Journal-World.
Posted at 01:37 PM by Howard Bashman


"Tsarnaev will be formally sentenced to death in late June": Milton J. Valencia of The Boston Globe has this news update.

The Associated Press has a report headlined "Judge: Boston bomber's sentencing hearing will be in June."

And in related coverage, O'Ryan Johnson and Laurel J. Sweet of The Boston Herald have an article headlined "Tsarnaev's mom: Allah will burn U.S. in 'eternal and terrifying' flames."
Posted at 01:26 PM by Howard Bashman



"'Serial' star Syed adds to momentum for new trial": The Baltimore Sun has an article that begins, "Adnan Syed's bid for a new trial gained more momentum Monday, when a state appeals court ruled an alibi witness should testify on behalf of the subject of the 'Serial' podcast."

The Associated Press reports that "Man at center of podcast wins chance to call alibi witness."

Reuters reports that "Convicted murderer in 'Serial' podcast allowed to call new witness."

CNN.com reports that "Adnan Syed, convicted killer in 'Serial,' gets big break in quest for new trial."

Courthouse News Service reports that "Serial's Adnan Syed Scores Appeals Victory."

And at the "EvidenceProf Blog," Colin Miller has a post titled "Court of Special Appeals of Maryland Remands Adnan Syed's Appeal So He Can Move to Have Asia Testify."

You can access yesterday's order of the Court of Special Appeals of Maryland at this link.
Posted at 01:10 PM by Howard Bashman



"Clinton sets Citizens United as Supreme Court litmus test": The Associated Press has this report.
Posted at 12:56 PM by Howard Bashman


"Primary has 12 seeking 3 Pennsylvania Supreme Court seats": The Associated Press has this report.
Posted at 08:42 AM by Howard Bashman


Monday, May 18, 2015

"Stevens releases plan to improve courts, earn citizen respect": Today's edition of The Times Leader of Wilkes-Barre, Pennsylvania contains an article that begins, "Supreme Court Justice Correale Stevens last week released a 10-point plan for improving Pennsylvania's judicial system."
Posted at 11:56 PM by Howard Bashman


"U.S. Supreme Court declines to derail WI 'risk contribution' lead paint cases": Bruce Vielmetti of The Milwaukee Journal Sentinel has this blog post today.
Posted at 11:54 PM by Howard Bashman


"U.S. Supreme Court denies teachers' Katrina layoffs suit": The Times-Picayune of New Orleans has this report.
Posted at 11:52 PM by Howard Bashman


"Supreme Court Justices Officiate Lots of Weddings: Ruth Bader Ginsburg's starring role at Michael Kahn's wedding over the weekend is just the latest example." Washingtonian magazine has this blog post today.
Posted at 11:48 PM by Howard Bashman


"Clinton says she'd make Supreme Court picks aimed at campaign finance reform": The Los Angeles Times has this report.
Posted at 11:45 PM by Howard Bashman


"Supreme Court Rules on a Police Shooting, State Taxes and Prisoners' Lawsuits": Adam Liptak will have this article in Tuesday's edition of The New York Times.

Robert Barnes of The Washington Post reports that "Court says legal police entry reasonable despite ensuing violence."

And Henry K. Lee of The San Francisco Chronicle reports that "S.F. police immune from suit over shooting of mentally ill woman."
Posted at 09:47 PM by Howard Bashman



"Supreme Court Rules Felons May Sell, Transfer 'Clean' Guns; In separate ruling, high court limits number of times prisoners can file lawsuits": Jess Bravin of The Wall Street Journal has this report.

And Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court sides with Florida felon in gun case."
Posted at 09:40 PM by Howard Bashman



"Supreme Court: Md. has double taxed some income." The Baltimore Sun has this report.

And The Washington Post has a report headlined "Supreme Court: Maryland has been illegally double-taxing residents who pay income tax to other states."
Posted at 09:32 PM by Howard Bashman



"Wisconsin Supreme Court not in chaos, new Chief Justice Patience Roggensack says": Todd D. Milewski of The Capital Times of Madison, Wisconsin has this report.

You can view a recent video interview with that court's newest chief justice via this link.
Posted at 09:30 PM by Howard Bashman



"Supreme Court declines to hear lawsuit seeking to block John Doe probe": Patrick Marley and Jason Stein of The Milwaukee Journal Sentinel have this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Court bypasses Wisconsin political fray."
Posted at 09:26 PM by Howard Bashman



"Appeals Court Upholds Apple's Patent Victory Over Samsung": This article will appear in Tuesday's edition of The New York Times.

Brent Kendall of The Wall Street Journal reports that "Appeals Court Affirms Samsung Infringed on Apple's iPhone Patents; Court remands case for final judgment of damages awards." You can freely access the full text of the article via Google.

Howard Mintz of The San Jose Mercury News has an article headlined "Apple v. Samsung: Appeal vindicates much of Apple's case, but could trim $1 billion judgment."

The Los Angeles Times reports that "Samsung gets partial victory over Apple in iPhone patents case appeal."

USA Today reports that "Apple gets mixed ruling in patent fight with Samsung."

The Associated Press reports that "Court agrees Samsung copied Apple, but tosses some damages."

Joe Mullin of Ars Technica reports that "Appeals court slashes down Apple's $930M win against Samsung; Apple loses all damages based on 'trade dress' -- more than 40 percent of total."

And at "Patently-O," Jason Rantanen has a post titled "Apple v. Samsung: Design Patents Win."
Posted at 09:21 PM by Howard Bashman



"3 justices apparently boycott swearing in of Marquette Law grads": Patrick Marley of The Milwaukee Journal Sentinel has a news update that begins, "Three Wisconsin Supreme Court justices skipped ceremonies Monday to swear in recent Marquette University Law School graduates, amid a bitter dispute over who should be in charge of the state's high court."
Posted at 08:14 PM by Howard Bashman


"Supreme Court refuses to shield names of donors to political advocacy groups": David G. Savage of The Los Angeles Times has this news update.

And at "SCOTUSblog," Lyle Denniston has a post titled "No protection -- yet -- for group's donor privacy."
Posted at 08:09 PM by Howard Bashman



"Last Appeal Over Pa. Reglan Preemption Denied By High Court": Dan Packel of Law360.com has an article (subscription required for full access) that begins, "The U.S. Supreme Court on Monday denied the final of three petitions seeking review of a Pennsylvania ruling that thousands of generic Reglan users' state court product liability claims weren't necessarily preempted by federal law."
Posted at 05:30 PM by Howard Bashman


"Prison time capped in fallout from state drug lab scandal": John R. Ellement of The Boston Globe has a news update that begins, "The state's highest court ruled Monday that people who pleaded guilty in cases where evidence was mishandled by disgraced state chemist Annie Dookhan cannot be charged with more serious crimes if given a new trial and, if convicted, cannot be given a tougher sentence than originally was imposed."

And The Associated Press reports that "Massachusetts top court rules in tainted drug evidence case."

You can access today's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 05:06 PM by Howard Bashman



"Marathon bomber likely to appeal over Boston trial site": The Associated Press has this report.
Posted at 04:58 PM by Howard Bashman


"Google, YouTube win heated legal fight over anti-Muslim video": Howard Mintz of The San Jose Mercury News has this report.

Dan Levine of Reuters has a report headlined "YouTube may show 'Innocence of Muslims' film: U.S. court."

The Associated Press reports that "Appeals court sides with Google in anti-Muslim film case."

Ted Johnson of Variety reports that "'Innocence of Muslims' Ruling Reversed by Appeals Court in Favor of Google."

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Controversial 'Innocence of Muslims' Ruling Reversed By Appeals Court."

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

In addition, the Ninth Circuit today also issued a dissent that Circuit Judge Stephen Reinhardt issued from the denial of en banc review of another aspect of the case.
Posted at 01:38 PM by Howard Bashman



"US appeals court reverses part of Apple's $930 mln verdict vs Samsung": Reuters has this report.

And Susan Decker and Tim Higgins of Bloomberg News report that "Apple Gets Mixed Ruling in First Samsung Appeal."

Update: You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 10:40 AM by Howard Bashman



"Supreme Court permits LAPD to be sued for concealing evidence": David G. Savage of The Los Angeles Times has this news update.
Posted at 10:38 AM by Howard Bashman


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

1. Justice Elena Kagan delivered the opinion for a unanimous Court in Henderson v. United States, No. 13-1487. You can access the oral argument via this link.

2. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Comptroller of Treasury of Md. v. Wynne, 13-485. Justice Antonin Scalia issued a dissenting opinion, in which Justice Clarence Thomas joined in part. Justice Thomas issued a dissenting opinion, in which Justice Scalia joined in part. And Justice Ruth Bader Ginsburg issued a dissenting opinion, in which Justices Scalia and Kagan joined. You can access the oral argument via this link.

3. Justice Alito also delivered the opinion of the Court in City and County of San Francisco v. Sheehan, No. 13-1412. Justice Scalia issued an opinion concurring in part and dissenting in part, in which Justice Kagan joined. And Justice Stephen G. Breyer did not participate in the decision. You can access the oral argument via this link.

4. Justice Breyer delivered the opinion for a unanimous Court in Tibble v. Edison Int'l, No. 13-550. You can access the oral argument via this link.

5. Justice Breyer also delivered the opinion for a unanimous Court in Coleman v. Tollefson, No. 13-1333. You can access the oral argument audio via this link.

6. And Justice Ginsburg delivered the opinion for a unanimous Court in Harris v. Viegelahn, No. 14-400. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Supreme Court strikes down Maryland tax law"; "Justices make it easier to sue over 401(k) retirement plans"; "Supreme Court says convicted felons can sell their guns"; and "High court: Police immune over arrest of mentally ill woman."
Posted at 10:06 AM by Howard Bashman



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

In early news coverage, The Associated Press reports that "High court to hear dispute over ad agency's text messages"; "High court won't hear appeal over Walker campaign probe": "High court won't hear appeal over concealed evidence"; and "High court rejects appeal from former New Jersey official."

Greg Stohr of Bloomberg News reports that "Class Actions Get U.S. High Court Look as Companies Seek Shield" and "Supreme Court Won't Block Probe of Scott Walker's Recall Campaign."

And Lawrence Hurley of Reuters reports that "U.S. top court agrees to weigh U.S. Navy text message lawsuit."
Posted at 09:32 AM by Howard Bashman



"Could the Boston Bomber be 40 by the time he's executed? Dzhokhar Tsarnaev may not be put to death by lethal injection for 18 YEARS due to lengthy appeals process." The Daily Mail (UK) has this report.
Posted at 08:32 AM by Howard Bashman


"To Have and to Hold: Reproduction, marriage, and the Constitution." In the May 25, 2015 issue of The New Yorker, Jill Lepore has an article that begins, "When Louise Trubek and her husband, Dave, drove from New Haven to Washington to listen to oral arguments before the Supreme Court in Trubek v. Ullman, she was pregnant."
Posted at 08:30 AM by Howard Bashman


"Cash flows above the $5M mark in race for state's high court": The Associated Press has this report from Pennsylvania.
Posted at 08:25 AM by Howard Bashman


"Murder trial in asthmatic's death to open; DA says gunfire triggered attack": The Boston Globe has this report.
Posted at 08:17 AM by Howard Bashman


"9/11 Ruling by Supreme Court Has Transformed Civil Lawsuits": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 08:12 AM by Howard Bashman


"Judges Dialing for Dollars? Supreme Court Says No." Kenneth Jost had this post yesterday at his blog, "Jost on Justice."
Posted at 08:07 AM by Howard Bashman


"Presiding at Same-Sex Wedding, Ruth Bader Ginsburg Emphasizes a Key Word": Maureen Dowd has this post today at the "FirstDraft" blog of The New York Times.
Posted at 08:05 AM by Howard Bashman


Sunday, May 17, 2015

"Atheist Activist Will Use RFRA To Challenge 'In God We Trust' On Money": Howard Friedman has this post today at "Religion Clause."
Posted at 11:04 PM by Howard Bashman


"Ready for Her Close-Up: The upcoming Ruth Bader Ginsburg biopic is the splashiest dramatization of a Supreme Court justice in recent memory, but it's hardly the only one." Slate posted online yesterday this "Amicus" podcast featuring Dahlia Lithwick.
Posted at 10:38 PM by Howard Bashman


"Conservative Support Aids Bid in Nebraska to Ban Death Penalty": Julie Bosman will have this article in Monday's edition of The New York Times.
Posted at 10:32 PM by Howard Bashman


"U.S. Supreme Court is asked to shield major donors in California": David G. Savage of The Los Angeles Times has this report.
Posted at 09:05 PM by Howard Bashman


"For many, the highlight of the conference was a keynote address by former Supreme Court Justice John Paul Stevens." So writes Warren K. Zola in a post titled "41st Annual Conference of the Sports Lawyers Association" today at the "Sports Law Blog."

Via the web site of the U.S. Supreme Court, you can access at this link the prepared remarks that retired Justice John Paul Stevens delivered at the conference luncheon on Friday.
Posted at 09:00 PM by Howard Bashman



"Talking about Standing in Zivotofsky and Robins": Richard M. Re has this post today at "PrawfsBlawg."
Posted at 06:18 PM by Howard Bashman


"From Massachusetts, lessons on gay marriage -- and divorce": Richard Wolf of USA Today has this report.
Posted at 06:09 PM by Howard Bashman


"An essay concerning how Star Wars illuminates constitutional law: Former Obama official says constitutional law scholars are a lot like George Lucas." David Kravets of Ars Technica has this report today.

I previously noted law professor Cass R. Sunstein's paper -- titled "How Star Wars Illuminates Constitutional Law" -- in this post from Thursday.
Posted at 06:05 PM by Howard Bashman



"'Sweet Schemes': The Harvard Law Review's True Secret of Success." Via the "Harvard Parody" blog, you can access this newly posted video on YouTube.
Posted at 05:58 PM by Howard Bashman


"State Supreme Court hears 'wrongful life' case": Chris Potter has this front page article in today's edition of The Pittsburgh Post-Gazette.
Posted at 09:24 AM by Howard Bashman


"A look at same-sex marriage in Pennsylvania, 1 year later": Mackenzie Carpenter has this front page article in today's edition of The Pittsburgh Post-Gazette, along with a related article headlined "Couple rushed to get license the day after ban lifted."
Posted at 09:22 AM by Howard Bashman


"Tuesday's primary could help determine shape of state Supreme Court": James P. O'Toole has this front page article in today's edition of The Pittsburgh Post-Gazette.
Posted at 09:18 AM by Howard Bashman


Saturday, May 16, 2015

"Alabama Attorney General says citizens, not Supreme Court, should decide gay marriage laws": Brian Lawson of The Huntsville Times has this report.
Posted at 11:04 PM by Howard Bashman


"The Same-Sex Couple Who Got a Marriage License in 1971": Erik Eckholm will have this front page article in Saturday's edition of The New York Times.
Posted at 08:50 PM by Howard Bashman


"Death Sentence for Boston Bomber, Dzhokhar Tsarnaev, Unsettles City He Tore Apart": Katharine Q. Seelye, Abby Goodnough, and Jess Bidgood will have this front page article in Sunday's edition of The New York Times.

Mark Berman of The Washington Post reports that "The Boston Marathon bomber was sentenced to death, but the government can't execute anyone right now."

And Kim Bellware of The Huffington Post reports that "Why Dzhokhar Tsarnaev May Never Make It To The Death Chamber."
Posted at 08:40 PM by Howard Bashman



"Okay, Who's Gonna Go Argue That the Nun Threatened National Security?" Kevin Underhill has this post today at "Lowering the Bar."

And The Associated Press reports that "3 anti-nuclear activists released from federal prison."
Posted at 08:02 PM by Howard Bashman



"It turns out Ted Cruz does not get his insurance through Obamacare": Katie Zezima has this entry today at the "Post Politics" blog of The Washington Post.
Posted at 05:20 PM by Howard Bashman


"Judge dismisses 'whodunit' suit over sex toy": In yesterday's edition of The Houston Chronicle, Cindy George had an article that begins, "Declaring on Thursday that a case presented to a jury this week remains a 'whodunit,' a Houston federal judge granted a directed verdict requested by a United Airlines lawyer and ended a sex toy humiliation case without closing arguments or jury deliberation."

Earlier this week, the newspaper had related coverage headlined "Lawsuit involving passengers' sex toy goes to federal trial" and "Baggage dispute at issue in trial."

And Courthouse News Service reported earlier this week that "Man Testifies Dildo Prank Ruined His Life."

This case previously had an appellate component. In November 2013, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued a non-precedential ruling that reversed the dismissal of the case at the pleadings stage. In news coverage of that ruling, Law360.com reported that "5th Circ. Revives Sex-Toy Suit Against United Continental" (subscription required for full access).
Posted at 01:45 PM by Howard Bashman



"UK frat house search was illegal, justices say": Yesterday's edition of The Louisville Courier-Journal contained this article.

The Associated Press reports that "Ky.'s high court vacates student's drug conviction."

And in earlier coverage, in February 2015 The Courier-Journal had an article headlined "UK frat house bust raises privacy issues" that begins, "The maxim that 'a man's home is his castle' is one of the oldest in the law. But what about a man's fraternity house?"

You can access Thursday's ruling of the Supreme Court of Kentucky at this link.
Posted at 10:18 AM by Howard Bashman



"GOP renews abortion battle with eyes on the Supreme Court": This video segment appeared on yesterday evening's broadcast of The PBS NewsHour.
Posted at 10:09 AM by Howard Bashman


"AMC's 'Walking Dead' Appeal Comes Up Short": Courthouse News Service has a report that begins, "A New York appeals court shot down attempts by the cable network AMC to access certain records for its fight with the creator of 'The Walking Dead.'"

You can access Tuesday's ruling of the New York State Supreme Court, Appellate Division, First Department, at this link.
Posted at 09:50 AM by Howard Bashman



"Virginia Supreme Court administrators say FOIA doesn't apply to them": This front page article appears in today's edition of The Daily Press of Newport News, Virginia.
Posted at 09:42 AM by Howard Bashman


"Oklahoma execution case: Attorney General's Office blames citation error for incorrect information sent to U.S. Supreme Court." Barbara Hoberock of The Tulsa World has this report.
Posted at 09:40 AM by Howard Bashman


"Google versus Oracle case exposes differences within Obama administration": Dan Levine and Lawrence Hurley of Reuters have an article that begins, "The Obama administration has been locked in internal wrangling over what position to take in high profile litigation between two American technology giants, Google and Oracle, according to multiple sources familiar with the discussions. It faces an end-of-May deadline to decide whether to take sides in a case before the U.S. Supreme Court that will have wide implications for the technology industry."
Posted at 09:34 AM by Howard Bashman


"Patience Roggensack to stay chief justice for now, after judge rules": Patrick Marley has this front page article in today's edition of The Milwaukee Journal Sentinel.
Posted at 09:30 AM by Howard Bashman


Friday, May 15, 2015

"10th Circ. Reluctantly Bars USAF Capt.'s Childbirth Injury Suit": Law360.com has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 11:27 PM by Howard Bashman


"Death penalty repeal advance called 'a step of historical significance'": The Lincoln (Neb.) Journal Star has this news update.

And The Omaha World-Herald has a news update headlined "Nebraska lawmakers advance death penalty repeal to final round."
Posted at 11:10 PM by Howard Bashman



"Frito-Lay loses battle over rival's 'Pretzel Crisps' name": Reuters has this report.

And Law360.com reports that "Fed. Circ. Nixes Ruling That 'Pretzel Crisps' Is Generic."

You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.

Earlier, "The TTABlog" had a post titled "Precedential No. 6: TTAB Finds PRETZEL CRISPS Generic for Pretzel Crackers" about the ruling of the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board in the case.

And even earlier, The New York Times reported on the underlying dispute in an article headlined "Trademarks Take On New Importance in Internet Era."
Posted at 08:00 PM by Howard Bashman



"Tsarnaev sentenced to death": Patricia Wen, Kevin Cullen, and Milton J. Valencia of The Boston Globe have this updated report.
Posted at 03:35 PM by Howard Bashman


"Tsarnaev jurors reach verdict in penalty phase": Patricia Wen, Kevin Cullen, and Milton J. Valencia of The Boston Globe have this news update.

The court has announced that it will go into session to receive the verdict at 3 p.m. eastern time today. Update: CNN has just reported that the verdict will be announced at 3:10 p.m. eastern time.
Posted at 02:48 PM by Howard Bashman



"9th Circuit Court overturns $85M award for Oregon soldiers": The Oregonian has this report.

And The Associated Press reports that "Court overturns $85 million award for Oregon soldiers."

You can access yesterday's non-precedential ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:08 PM by Howard Bashman



"Lululemon yoga pants lawsuit properly dismissed -- US appeals court": Jonathan Stempel of Reuters has this report on a non-precedential ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:02 PM by Howard Bashman


"Debate to repeal death penalty begins": The Lincoln (Neb.) Journal Star has this news update.

And today's edition of The Omaha World-Herald contains a front page article headlined "Nebraska has purchased drugs necessary for lethal injections, Gov. Ricketts says."
Posted at 12:11 PM by Howard Bashman



"Religious freedom bill sponsor Rep. Mike Johnson: Superman for Louisiana's religious right?" Emily Lane of The Times-Picayune of New Orleans has this report.
Posted at 12:09 PM by Howard Bashman


"U.S. appeals court restores guilty plea in 'squawk box' case": Jonathan Stempel of Reuters has this report on a non-precedential ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 12:03 PM by Howard Bashman


"3rd Circuit Upholds Constitutionality of 2257; Remands requirement that recordkeepers be available to inspectors 20 hours per week": Mark Kernes of AVN News has an article that begins, "In a ruling that is likely to be appealed to the U.S. Supreme Court, the Third Circuit U.S. Court of Appeals [yesterday] issued a ruling upholding the constitutionality of the federal recordkeeping and labeling law, 18 U.S.C. sec. 2257, despite the fact that the law does little to prevent minors from appearing in adult content."
Posted at 11:42 AM by Howard Bashman


"Anti-gay marriage bill author says his measure may not be dead": Robert T. Garrett of The Dallas Morning News has this blog post today.
Posted at 08:46 AM by Howard Bashman


"Justice Kagan Highlights Day 3 of the 2015 Sixth Circuit Judicial Conference": Steve Delchin has this post today at the "Sixth Circuit Appellate Blog."
Posted at 08:42 AM by Howard Bashman


"TSA air marshal reinstated after Supreme Court win": USA Today has this report.
Posted at 08:27 AM by Howard Bashman


Thursday, May 14, 2015

"Texas anti-gay marriage bill in limbo with time running out": The Associated Press has a report that begins, "An effort by Texas Republicans to defy the U.S. Supreme Court if gay marriage is legalized hung in limbo Thursday, as Democrats tried to run out the clock on bill that would prohibit government employees from issuing wedding licenses to same-sex couples."
Posted at 11:58 PM by Howard Bashman


"Lesbian partner isn't 'parent' of baby born through artificial insemination, appeals court rules": Aimee Green of The Oregonian has this news update reporting on a ruling that the Oregon Court of Appeals issued yesterday.
Posted at 11:15 PM by Howard Bashman


"In Memoriam: Dan Markel." The current issue of the Florida State University Law Review contains three essays that you can access here, here, and here.

And in a recent post at "TaxProf Blog," Paul Caron reprints a Facebook post from Dan's father about the unveiling of the headstone last month at Dan's gravesite.
Posted at 11:08 PM by Howard Bashman



"Worry over Shariah law in Idaho jeopardizes child support": The Associated Press has this report.
Posted at 10:56 PM by Howard Bashman


"How David Boies Became the Best Friend and Worst Enemy of Big Business": Paul Barrett of Bloomberg News has this lengthy and interesting report.
Posted at 09:15 PM by Howard Bashman


"Toomey signs off on nominee for federal appeals court": Tracie Mauriello of The Pittsburgh Post-Gazette has a news update that begins, "A Philadelphia jurist's nomination for a federal appeals court is moving forward now that Sen. Pat Toomey, R-Pa., has given his endorsement and the Senate Judiciary Committee has finished vetting Judge L. Felipe Restrepo, who serves on the Eastern District of Pennsylvania bench."
Posted at 09:04 PM by Howard Bashman


"The Legal Power of 'Standing'": William Baude has this essay online at The New York Times.
Posted at 06:14 PM by Howard Bashman


"Unanimity and Disagreement on the Supreme Court": Law professor Cass R. Sunstein has this article in the current issue of the Cornell Law Review.

Also in the issue, law professor Eugene Volokh has an article titled "Gruesome Speech."
Posted at 04:13 PM by Howard Bashman



"US court halts contentious law on contact lens price-fixing": The Associated Press has a report that begins, "A federal appeals court has halted a new Utah law banning price-fixing for contact lenses that could have wide-ranging implications for the industry."
Posted at 02:56 PM by Howard Bashman


"3rd Circuit Upholds 2257 Recordkeeping Law": Rhett Pardon of XBIZ Newswire has this report.

My earlier coverage of today's Third Circuit ruling appears at this link.
Posted at 02:50 PM by Howard Bashman



"Supreme Court: Omar Khadr should be treated as if he were sentenced as a juvenile." Sean Fine and Colin Freeze of The Toronto Globe and Mail have this news update.

And The Canadian Press reports that "Supreme court rejects federal government's argument that Omar Khadr is an adult offender."
Posted at 02:38 PM by Howard Bashman



"Bin Laden, War Crimes and Gray Areas": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:55 PM by Howard Bashman


"How Star Wars Illuminates Constitutional Law": Law professor Cass R. Sunstein has posted this paper online at SSRN (via "Legal Theory Blog").
Posted at 01:52 PM by Howard Bashman


"Former justice calls for end to death penalty": Bill Rankin of The Atlanta Journal-Constitution has this report.
Posted at 01:50 PM by Howard Bashman


"We need not consider and leave for another day the question of whether putative class action claims under Rule 23 generally provide an independent basis for justiciability after a plaintiff's individual claims are rendered moot." So concludes a ruling that the U.S. Court of Appeals for the Second Circuit issued today. The defendants argued that the plaintiff's individual claims had been rendered moot by an unaccepted offer of complete relief made pursuant to FRCP 68.
Posted at 01:22 PM by Howard Bashman


"Persuasion: Kannon Shanmugam on making his case before the Supreme Court." This interview appears in the Spring 2015 issue of the Harvard Law Bulletin.
Posted at 01:08 PM by Howard Bashman


"Appeals court upholds pornography age-records law": Josh Gerstein of Politico.com has this blog post reporting on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 11:20 AM by Howard Bashman


"Death penalty repeal blocked in committee": This article appears in today's edition of The News Journal of Wilmington, Delaware.

And in somewhat related commentary available online at Slate, law professor Robert J. Smith has a jurisprudence essay titled "America's Deadliest Prosecutors: The last stubborn, bloodthirsty devotees of the death penalty."
Posted at 10:33 AM by Howard Bashman



"The Court Should Finish What It Started in the Fisher Case": Roger Clegg and Joshua P. Thompson have this essay online today at National Review.
Posted at 10:28 AM by Howard Bashman


"The Morning After the Same-Sex Marriage Decision": Linda Greenhouse has this essay online today at The New York Times.
Posted at 10:24 AM by Howard Bashman


"Constitution Check: Could a state legislature scuttle a national right to same-sex marriage?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:23 AM by Howard Bashman


"Pat Toomey Insists He's Not Holding Up A Judicial Nominee He's Holding Up": Jennifer Bendery of The Huffington Post has this report.
Posted at 10:18 AM by Howard Bashman


"Goodby Mike, Hello Judge": Today at his "Hercules and the umpire" blog, Senior U.S. District Judge Richard G. Kopf has a post that begins, "I have written before about Myron (Mike) Bright, a judge, but not just any judge, on the United States Court of Appeals for the Eighth Circuit. At 95, he continues to hear cases."
Posted at 10:14 AM by Howard Bashman


"Jurors begin deliberations in Marathon bombing trial": Patricia Wen and Milton J. Valencia have this front page article in today's edition of The Boston Globe.

In today's edition of The Boston Herald, Laurel J. Sweet has an article headlined "Jurors left with Dzhokhar enigma."

In today's edition of The New York Times, Katharine Q. Seelye has an article headlined "Boston Jury Begins to Consider Sentence for Marathon Bomber."

The Associated Press reports that "Jury begins deliberating fate of Boston Marathon bomber."

Reuters reports that "Life on the line as Boston bombing jury weighs Tsarnaev's fate."

And Bloomberg News reports that "Prosecutor Urges Boston Bomber Jury to Vote for Execution."
Posted at 08:44 AM by Howard Bashman



"Pa. Supreme Court race long on name recognition": This article appears in today's edition of The Philadelphia Inquirer.

And today's edition of The Standard Speaker of Hazleton, Pennsylvania contains an article headlined "Making his case" that begins, "Correale F. Stevens has been a judge for 24 years, as well as a district attorney and a state legislator."
Posted at 08:30 AM by Howard Bashman



Wednesday, May 13, 2015

"Montana Supreme Court revives health insurance discrimination lawsuit": The Associated Press has a report that begins, "The Montana Supreme Court has revived the case of a woman who says it's unfair for hospitals to charge different rates to treat insured and uninsured patients."

You can access yesterday's ruling of the Supreme Court of Montana at this link.
Posted at 11:15 PM by Howard Bashman



"AP Interview: Pelosi predicts GOP ruin on health care case." The Associated Press has a report that begins, "House Democratic leader Nancy Pelosi predicted Wednesday that Republicans will 'rue the day' if the Supreme Court buys their arguments and invalidates tax subsidies for millions of people under President Barack Obama's health care law."
Posted at 11:02 PM by Howard Bashman


"Is same-sex marriage anything new?" Robert Launay, professor of anthropology at Northwestern University, has this essay online at CNN.com.
Posted at 10:35 PM by Howard Bashman


"BP Can't Nix Deepwater Rescuer's $2.7M Settlement": Nearly 14 months ago, Law360.com had a report (subscription required for full access) that begins, "A Louisiana federal judge overseeing the BP Deepwater Horizon multidistrict litigation on Friday upheld a $2.7 million settlement award to a Tidewater Marine LLC seaman for trauma from rescuing survivors of the Deepwater Horizon oil rig explosion, finding a disputed settlement agreement is binding."

Today, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued a decision affirming the district court's ruling that enforced the settlement.
Posted at 10:20 PM by Howard Bashman



"U.S. Supreme Court Justice Sonia Sotomayor Addresses Participants in the New Lawyer Institute": The New York City Bar Association recently posted this video online at YouTube.
Posted at 10:14 PM by Howard Bashman


"Due process for Don Quixote at the Shakespeare Theatre": Kali Borkoski has this post today at "SCOTUSblog."
Posted at 10:10 PM by Howard Bashman


"California transgender inmate's lawyers seek swift surgery": The Associated Press recently had this report on a case now pending on appeal at the U.S. Court of Appeals for the Ninth Circuit.

The Ninth Circuit is providing free access via this link to the significant filings in the case.
Posted at 10:08 PM by Howard Bashman



"Appeals court clears way for Toledoan to sue police; Claims officer allegedly detained him for openly carrying handgun": Jim Provance of The Toledo Blade has this news update.

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 10:04 PM by Howard Bashman



"Wisconsin Judiciary Awash in Politics: Referendum, promoted by special-interest group, fuels infighting among justices over top spot." Bert Brandenburg has this op-ed in this week's edition of The National Law Journal.
Posted at 08:26 PM by Howard Bashman


"Court Throws Out Nun's Sabotage Conviction For Nuclear Site Break-In": Carrie Johnson had this audio segment on today's edition of NPR's "Morning Edition."
Posted at 08:21 PM by Howard Bashman


"Ex-Bills, Packers player to appeal NFL concussion settlement": The Associated Press has a report that begins, "The first notice of appeal has been filed in an attempt to halt the planned $1 billion settlement of NFL concussion lawsuits."
Posted at 07:58 PM by Howard Bashman


"Ralph Lauren Corp suffers setback in U.S. trademark fight": Reuters has a report that begins, "Ralph Lauren Corp lost some ground on Wednesday in its long-running trademark fight with the United States Polo Association over the use of its logo depicting a horse-mounted polo player swinging a mallet."

And The Associated Press reports that "US court lifts contempt finding in Polo sunglasses dispute."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 07:56 PM by Howard Bashman



"I am not delaying Judge L. Felipe Restrepo's 3rd Circuit nomination": U.S. Senator Pat Toomey (R-PA) has this letter to the editor in today's edition of The Pittsburgh Post-Gazette.

And in response at The Huffington Post, Paul Gordon has a blog entry titled "Toomey's Explanation for Restrepo Delay Raises More Questions."
Posted at 07:45 PM by Howard Bashman



"Limelight did not infringe Akamai patent: U.S. court." Reuters has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued today.

In other coverage, Susan Decker of Bloomberg News reports that "Akamai Loses Appeal in Limelight Patent Case Over Networks."

And at "Patently-O," Dennis Crouch has a post titled "Federal Circuit: 271(a) Does Not Include Joint Tortfeasor Liability."
Posted at 07:38 PM by Howard Bashman



"Obama's War on Leaks Faces Backlash in Court": Peter Maass has this article online today at The Intercept.
Posted at 07:28 PM by Howard Bashman


"U.S. appeals court appears receptive to bond trader's fraud appeal": Jonathan Stempel of Reuters has this report.
Posted at 07:25 PM by Howard Bashman


"Scalia critiques fast and loose Constitutional interpretations": Howard Fischer of The Arizona Daily Star has this report.
Posted at 07:22 PM by Howard Bashman


"The Strange Case of the Forgotten Gitmo Detainee: Abu Zubaydah was tortured and waterboarded by the CIA -- but his troubles really began when his case arrived in a D.C. courtroom." Raymond Bonner has this article online at Politico Magazine.
Posted at 11:38 AM by Howard Bashman


"Breaking the Law -- and Blaming the Supreme Court: Illinois Governor Bruce Rauner refuses to collect 'fair share' fees from public employees because he expects them to be found unconstitutional." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 11:20 AM by Howard Bashman


"Ben Carson's Dangerous View of the Law": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:18 AM by Howard Bashman


"Standing in the 2nd Circuit Bulk Metadata Case": Michael Dorf has this post today at "Dorf on Law."
Posted at 11:14 AM by Howard Bashman


"Tsarnaev jury given instructions ahead of closing arguments": Patricia Wen, Kevin Cullen, and Milton J. Valencia of The Boston Globe have this news update.
Posted at 11:12 AM by Howard Bashman


"US court hears dispute over 5 Somali pirates' sentences": The Associated Press has a report that begins, "The federal government has asked a federal appeals court to order life sentences for five Somali pirates who attacked a Navy ship that they mistook for a cargo vessel."

When the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit becomes available online, I will link to it.
Posted at 11:09 AM by Howard Bashman



"Cruel and Unusual: The botched execution of Clayton Lockett -- and how capital punishment became so surreal." Jeffrey E. Stern has this cover story in the June 2015 issue of The Atlantic.

And in somewhat related coverage, Chris McDaniel of BuzzFeed News reports that "Oklahoma's Attorney General Misled Supreme Court About Letter On Execution Drug Availability."
Posted at 11:00 AM by Howard Bashman



"The CFAA meets the 'cannibal cop' in the Second Circuit -- and maybe beyond": Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 09:12 AM by Howard Bashman


Tuesday, May 12, 2015

"What ACLU v. Clapper Means": Jameel Jaffer has this post today at "Just Security."
Posted at 11:52 PM by Howard Bashman


"Tight vote expected in death penalty repeal hearing": The News Journal of Wilmington, Delaware has an update that begins, "A two-year long effort to end Delaware's death penalty could come down to one vote."
Posted at 08:56 PM by Howard Bashman


"Bob McDonnell Tries, Tries Again: The former Virginia governor, convicted on corruption charges, makes his case to an appeals court; The judges are skeptical." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:09 PM by Howard Bashman


"I'm a florist, but I refused to do flowers for my gay friend's wedding; My relationship with God trumps my connection to anyone on Earth; And now I'm getting sued": Barronelle Stutzman has this entry today at the "PostEverything" blog of The Washington Post.
Posted at 08:07 PM by Howard Bashman


"Final appeals are heard as judge considers release of John Hinckley": Spencer S. Hsu of The Washington Post has a news update that begins, "Federal prosecutors and attorneys for John W. Hinckley Jr. made their final appeals Tuesday to a federal judge who is considering the release of President Ronald Reagan's attempted assassin from a government psychiatric hospital where he mostly has been confined since 1981."

And Timothy M. Phelps of The Los Angeles Times has a news update headlined "Lawyers argue over freedom for attempted assassin John Hinckley Jr."
Posted at 08:04 PM by Howard Bashman



"Lawyer says 'Cannibal Cop' plot a fantasy on level of leprechauns": The New York Post has this news update.

Newsday reports that "Appeals court hears arguments in 'cannibal cop' Gilberto Valle's case."

Reuters reports that "New York's 'cannibal cop' back in spotlight at appeals court."

The Associated Press reports that "Appeals court weighs jury verdict in NYC 'cannibal cop' case."

And Courthouse News Service reports that "Appeals Judges Ponder 'Cannibal Cop' Charges."

Unfortunately, because the U.S. Court of Appeals for the Second Circuit does not post oral argument audio online, we must rely on this news coverage rather than hearing first-hand which arguments in the "cannibal cop" appeal the Second Circuit panel sunk its teeth into today. There is now, however, an HBO documentary on the case, which was reviewed in yesterday's edition of The New York Times.
Posted at 06:07 PM by Howard Bashman



"Judges incredulous at EPA's slow pace on cleanup regs": Jeremy P. Jacobs of Greenwire has this report.

You can access via this link (31.7 MB mp3 audio file) the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.
Posted at 05:54 PM by Howard Bashman



"Montana: Stanford, Dartmouth mailers broke campaign laws." The Associated Press has a report that begins, "Researchers at Stanford University and Dartmouth College broke Montana laws when they sent mailers about the state's two Supreme Court races to more than 100,000 voters in 2014, Montana's campaign regulator said Tuesday."
Posted at 01:05 PM by Howard Bashman


"Lawyers, prosecutors argue McDonnell case at appeals court": The Richmond Times-Dispatch has this news update.

The Virginian-Pilot has a news update headlined "Appeals court hears arguments in Bob McDonnell case."

The Associated Press reports that "Appeals court hears arguments in ex-Gov. McDonnell's case."

And The Washington Post has this updated report.

You can access via this link (44.8 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 Fourth Circuit.
Posted at 01:02 PM by Howard Bashman



"State Supreme Court to release hundreds of pages in Doe probe on Wednesday": Patrick Marley of The Milwaukee Journal Sentinel has a blog post that begins, "The Wisconsin Supreme Court will release hundreds of pages of filings on Wednesday in three cases it is considering over an investigation into Gov. Scott Walker's campaign and conservative groups backing him."
Posted at 11:02 AM by Howard Bashman


"Pa. Supreme Court race overshadows contest for 2 lower courts": The Associated Press has this report.
Posted at 11:00 AM by Howard Bashman


"SC upholds ban on national anthem use as ringtone": In news from Bangladesh, The Dhaka Tribune has this report.

bdnews24.com reports that "Supreme Court confirms ban on national anthem as phone's ringtone, welcome tune."

And Reuters reports that "Bangladesh mobile phones can't ring national anthem."

Any of this blog's readers who have better luck than I did finding a copy of yesterday's ruling at the web site of the Supreme Court of Bangladesh are invited to email to me a link to the decision.
Posted at 10:30 AM by Howard Bashman



"Judges for McDonnell appeal announced; arguments to start at 9:30 a.m." The Richmond Times-Dispatch has this news update.
Posted at 10:04 AM by Howard Bashman


"Forbidden Data: Wyoming just criminalized citizen science." Law professor Justin Pidot has this essay online at Slate.
Posted at 10:02 AM by Howard Bashman


Monday, May 11, 2015

"Appeals court revives class-action racial discrimination claim against SC steel mill": The Associated Press has this report.

And Law360.com reports that "4th Circ. Orders Class Cert. In Nucor Race Bias Suit" (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 Fourth Circuit at this link.
Posted at 11:56 PM by Howard Bashman



"Tex. bill would bar local officials from issuing same-sex-marriage licenses": The Washington Post has an article that begins, "Texas Republicans are pushing legislation to bar local officials from granting same-sex couples licenses to marry, launching a preemptive strike against a possible U.S. Supreme Court ruling next month that could declare gay marriage legal."
Posted at 11:49 PM by Howard Bashman


"Making the Case: A conversation with one of the lawyers who argued last month's big gay-rights case at the Supreme Court." You can access the most recent installment of Slate's "Amicus" podcast featuring Dahlia Lithwick via this link.
Posted at 11:03 PM by Howard Bashman


"Court filing is latest turn in squabble over Wisconsin chief justice": Patrick Marley of The Milwaukee Journal Sentinel has a news update that begins, "Soon after she was elected chief justice of the Wisconsin Supreme Court, Patience Roggensack demanded her pay be raised by $8,000 a year and tried to move into another justice's office, according to a court filing Monday."
Posted at 10:20 PM by Howard Bashman


"Some developments go ex-Va. governor's way as hearing nears": The Associated Press has a report that begins, "In the eight months since former Virginia Gov. Bob McDonnell was convicted of public corruption, a few developments have gone his way."
Posted at 09:56 PM by Howard Bashman


"Angola inmate argues that three decades in solitary is unconstitutional punishment; Whitmore, serving life in 1973 killing, filed lawsuit against warden": Today's edition of The Advocate of Baton Rouge, Louisiana contains this front page article.
Posted at 09:08 PM by Howard Bashman


"Third Circuit Harsher on Minor Procedural Mistakes by Counsel?" This month's installment of my "Upon Further Review" column will appear in tomorrow's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

You can freely access the full text of my column via Google.
Posted at 08:40 PM by Howard Bashman



"Damon Keith documentary to premiere in June": This article appeared in last Friday's edition of The Detroit Free Press.

You can access online a teaser trailer, an extended trailer, and a seven minute and 14 second excerpt from the film.
Posted at 06:18 PM by Howard Bashman



"The Supreme Court in 2025": Law professor Geoffrey R. Stone has this blog entry today at The Huffington Post.
Posted at 01:36 PM by Howard Bashman


"Cleveland cites 'Deflategate' in bid to save city's jock tax": The Cleveland Plain Dealer has this report.
Posted at 01:34 PM by Howard Bashman


"Closing arguments set for Tsarnaev sentencing": Patricia Wen, Kevin Cullen, Milton J. Valencia, and John R. Ellement of The Boston Globe have this news update.

Laurel J. Sweet and Matt Stout of The Boston Herald have a news update headlined "Tsarnaev death penalty trial ends; closing arguments Wednesday."

The Associated Press reports that "Defense rests after nun says bomber is sorry for victims."

Reuters has a report headlined "Boston bomber told nun 'no one' should suffer as his victims did."

And Boston.com has reports headlined "Testimony over, closing statements Wednesday in marathon bombing trial" and "Sister Prejean of Dead Man Walking fame tells jury Tsarnaev is 'genuinely sorry.'"
Posted at 01:18 PM by Howard Bashman



Sunday, May 10, 2015

"Mass Incarceration: The Silence of the Judges." In the May 21, 2015 issue of The New York Review of Books, Senior U.S. District Judge Jed S. Rakoff (S.D.N.Y.) has this review of a Brennan Center for Justice report titled "What Caused the Crime Decline?"
Posted at 11:48 PM by Howard Bashman


"Judges to hear Bob McDonnell's corruption appeal Tuesday": In today's edition of The Richmond Times-Dispatch, Frank Green has a front page article that begins, "Former Gov. Bob McDonnell's quest to clear his name of 11 federal corruption convictions leads Tuesday to the second-floor Butzner Courtroom of the Lewis F. Powell Jr. U.S. Courthouse."
Posted at 11:40 PM by Howard Bashman


"Proponents of death penalty in Nebraska are on the defensive, for the first time in years": Joe Duggan has this front page article in today's edition of The Omaha World-Herald.
Posted at 11:00 PM by Howard Bashman


"Why the ruling against the NSA's phone records program could have huge implications": Andrea Peterson has this entry at "The Switch" blog of The Washington Post.

And at the "Lawfare" blog, Benjamin Wittes has a post titled "A Few Thoughts on the Second Circuit's 215 Decision and Its Importance." Yishai Schwartz has a post titled "'Reasonable Search' or 'Reasonable Expectation of Privacy': A Brief Reply to Orin Kerr on the 2nd Circuit's Decision." David Kris has a post titled "On the Second Circuit's Section 215 Decision." And Liza Goitein has a post titled "How the Second Circuit's Decision Changes the Legislative Game."
Posted at 08:20 PM by Howard Bashman



"Christians schools will have no choice about gay marriage; A Supreme Court ruling could shatter religious school finances": Michael Farris has this essay online at USA Today.
Posted at 08:10 PM by Howard Bashman


"Ben Carson: US should rethink Supreme Court review of laws." The Associated Press has this report.

And CNN.com reports that "Ben Carson questions whether presidents must obey Supreme Court."
Posted at 07:56 PM by Howard Bashman



"Chief Justice Pat Roggensack says author of New Yorker article that criticizes Supreme Court 'didn't know his facts'": Tom Kertscher has this blog post online today at The Milwaukee Journal Sentinel.

The blog post refers to a video that Wisconsin Public Television posted online titled "Pat Roggensack On Her Vision For State Supreme Court." And last Tuesday, Lincoln Caplan has a post online at The New Yorker titled "The Destruction of the Wisconsin Supreme Court."
Posted at 07:50 PM by Howard Bashman



"Texas Supreme Court declines to review former Tech coach Leach's appeal; Appeals court judges said defendants were not culpable for Leach's firing since Tech officials based their decision on their investigation": The Lubbock Avalanche-Journal has this report.
Posted at 06:18 PM by Howard Bashman


"Utahn injured by convicted terrorist says he's concerned man is now free": The Deseret News has an article that begins, "Former Guantanamo Bay inmate Omar Khadr is out on bail after a judge refused a last-ditch attempt by the Canadian government to keep him imprisoned."
Posted at 06:14 PM by Howard Bashman


"9th Circuit judges rip into Prenda Law copyright trolling scheme; 'They should have taken the 5th. . . They were engaged in extortion.'" Joe Mullin of Ars Technica had this report last Monday, while I was busy in New Orleans at the Fifth Circuit's Judicial Conference.

In other coverage, business columnist Michael Hiltzik of The Los Angeles Times had an essay titled "Comedy gold: Watch three U.S. judges dismantle a copyright troll's case."

Rhett Pardon of XBIZ Newswire has reports headlined "Prenda Law's 'Copyright Trolling' Operation Blasted at the 9th Circuit" and "Prenda Law's Strategy at 9th Circuit Baffles Legal Peers."

Mark Kernes of AVN News reports that "9th Circuit Panel Takes On Prenda Lawyers in Copyright Cases."

And at "Popehat," Ken White has a post titled "Prenda Law And The Terrible, Horrible, No Good, Very Bad Appellate Argument."

The U.S. Court of Appeals for the Ninth Circuit has posted the video of last Monday's oral argument in Paul Hansmeier, Esq. v. John Doe, No. 13-55859, on YouTube at this link.
Posted at 06:08 PM by Howard Bashman



"This teacher has the opportunity to hit police unions where it hurts the most": Columnist Charles Lane of The Washington Post has an essay that begins, "Supreme Court cases have a way of changing American society far beyond the intentions and expectations of the litigants who start them -- or even the justices who decide them."
Posted at 09:54 AM by Howard Bashman


"Pennsylvania's courts crapshoot": Today's edition of The Philadelphia Inquirer contains an editorial that begins, "Despite a remarkable run of scandal that deprived the state's highest court of two justices in as many years and its lowest (the late Philadelphia Traffic Court) of existence, Pennsylvania lawmakers have maintained a preternatural serenity about the condition of the state's judiciary -- so much so that its ranks are being refilled by the same quasi-democratic lottery that got us in this mess."
Posted at 09:52 AM by Howard Bashman


"How Anthony Ray Hinton survived 30 years on death row": Kent Faulk has this front page article in today's edition of The Birmingham News.

And in today's edition of The Scranton Times-Tribune, Robert Swift has an article headlined "Execution anniversary hightlights Wolf's halt."
Posted at 09:50 AM by Howard Bashman



"When 8 Adults And 3 Children Are A Family: Justice Alito used them as a scare tactic, but why doesn't the law recognize unusual family configurations?" Hugh Ryan has this essay online today at The Daily Beast.

And today at "Jost on Justice," Kenneth Jost has a post titled "Religious Liberty as 'Refuge' for Marriage Equality Foes."
Posted at 09:47 AM by Howard Bashman



Saturday, May 9, 2015

"Federal Circuit May Overturn Lanham Act's 'Morality Clause'; It may soon be legal to trademark even 'immoral,' 'scandalous' and 'disparaging' names for goods": Mark Kernes of AVN News has this report.
Posted at 11:59 PM by Howard Bashman


"Roads don't have to meet new safety standards, court rules": In today's edition of The Arizona Daily Star, Howard Fischer has a front page article that begins, "State agencies don't have to keep highways free of unreasonably dangerous hazards if they simply warn motorists about them, the Arizona Supreme Court ruled Friday."

You can access yesterday's ruling of the Supreme Court of Arizona at this link.
Posted at 11:40 PM by Howard Bashman



"State Legislatures Put Up Flurry of Roadblocks to Abortion": Frances Robles has this article online at The New York Times.
Posted at 09:58 PM by Howard Bashman


"Faulty next-of-kin notice not lawsuit-fodder, court rules": Howard Fischer of The Arizona Daily Star has an article that begins, "The parents of a girl who Department of Public Safety officers incorrectly said was dead have no right to sue the agency for negligence, the state's high court ruled Friday."

And The Associated Press has a report headlined "Court: Family mistakenly notified of woman's death can't sue."

You can access yesterday's three-to-two ruling of the Supreme Court of Arizona at this link.
Posted at 09:10 PM by Howard Bashman



"Oklahoma attorney general defends Ten Commandments monument's constitutionality; Oklahoma Attorney General Scott Pruitt has asked the Oklahoma Supreme Court to rule that it is constitutional to continue displaying a Ten Commandments monument on the grounds of the state Capitol": The Oklahoman has this report.
Posted at 09:02 PM by Howard Bashman


"Supreme Court Justice Sonia Sotomayor speaks at Ramapo College": This article appears in today's edition of The Record of Hackensack, New Jersey.

And the newspaper also has an article headlined "Supreme Court Justice Scalia delivers civics lesson in Morristown."
Posted at 08:57 PM by Howard Bashman



"Pennsylvania Supreme Court hopefuls pile up campaign cash": The Pittsburgh Tribune-Review has this report.
Posted at 04:40 PM by Howard Bashman


"Natalie Portman confirmed for Ruth Bader Ginsburg biopic": The Los Angeles Times has this report.

The "VF Hollywood" blog of Vanity Fair has a post titled "Natalie Portman Will Play Our Most Rock-Star-Like Supreme Court Justice; See a new side of the Notorious R.B.G."

And Deadline reports that "Natalie Portman To Play Supreme Court Justice Ruth Bader Ginsburg In 'On The Basis Of Sex.'"
Posted at 04:38 PM by Howard Bashman



"Over Barbecue in South Carolina, Rick Perry Hypes Supreme Court as Defining 2016 Issue; The Texan warns voters in the early primary state that Hillary Clinton could remake the Supreme Court": Sahil Kapur of Bloomberg Politics has this report.
Posted at 04:35 PM by Howard Bashman


"AP-GfK Poll: Can Supreme Court be fair in health law case?" The Associated Press has a report that begins, "Many people in the United States doubt that the Supreme Court can rule fairly in the latest litigation jeopardizing President Barack Obama's health care law."

You can view the survey results via this link.
Posted at 04:28 PM by Howard Bashman



"Tammy Baldwin, Ron Johnson spar over judicial candidates": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "The brief partnership forged by Democratic Sen. Tammy Baldwin and Republican Sen. Ron Johnson to fill federal judicial seats in Wisconsin appears to have broken down over the nation's oldest vacancy on the U.S. Court of Appeals."
Posted at 03:20 PM by Howard Bashman


"Debate continues over release of Guantanamo detainee force-feeding tapes": Michael Doyle of McClatchy Washington Bureau has this report.

And at The Intercept, Sam Sacks has a post titled "U.S. Government: We Can Classify Anything and Judges Can't Stop Us."

You can access via this link (31.3 MB mp3 audio file) the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.
Posted at 01:18 PM by Howard Bashman



"Harper unapologetic about Ottawa's efforts to keep Omar Khadr in prison": The Toronto Globe and Mail has this report.

And The Associated Press reports that "Ex-Gitmo inmate Omar Khadr asks Canada for a fresh start."
Posted at 10:42 AM by Howard Bashman



"Illinois Supreme Court rules landmark pension law unconstitutional": The Chicago Tribune has this report.

In today's edition of The New York Times, Monica Davey has an article headlined "Illinois Supreme Court Rejects Lawmakers' Pension Overhaul."

Reuters reports that "Illinois' supreme court overturns state's 2013 pension reform law."

And The Associated Press reports that "Illinois justices overturn state's landmark 2013 pension law."

You can access yesterday's ruling of the Supreme Court of Illinois at this link.
Posted at 10:38 AM by Howard Bashman



"Panel Objects to Hobby Lobby Ruling": The Harvard Crimson has an article that begins, "Panelists raised concerns about the implications of the U.S. Supreme Court's ruling in Burwell v. Hobby Lobby Stores, Inc. at Harvard Law School's annual conference on law, religion, and health on Thursday.
Posted at 10:26 AM by Howard Bashman


"Court Ruling on N.S.A.'s Data Collection Jolts Both Defenders and Reformers": Jonathan Weisman and Jennifer Steinhauer have this article in today's edition of The New York Times.
Posted at 10:24 AM by Howard Bashman


"BP wins right to appeal some Gulf spill damages claims": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 10:15 AM by Howard Bashman


"Sabotage conviction overturned against nun, fellow activists": The Associated Press has a report that begins, "An 85-year-old nun and two fellow Catholic peace activists who splashed blood on the walls of a bunker holding weapons-grade uranium -- exposing vulnerabilities in the nation's nuclear security -- were wrongly convicted of sabotage, an appeals court ruled Friday."

And Reuters reports that "U.S. appeals court overturns sabotage conviction against nun."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link. Because a U.S. District Judge sitting by designation provided the dispositive vote on appeal, experience teaches that the case has a better than average chance of rehearing en banc.
Posted at 10:00 AM by Howard Bashman



Friday, May 8, 2015

"Court backs broadcasters, clears way for FCC review of AT&T-DirecTV merger": The Los Angeles Times has this report.

Shalini Ramachandran of The Wall Street Journal reports that "Ruling Clears Path for AT&T Merger Review; D.C. Appeals Court decision removes hurdle for regulatory review of AT&T-DirecTV merger."

Lawrence Hurley and Alina Selyukh of Reuters report that "U.S. appeals court throws out FCC order on programming contracts."

Andrew Zajac and David McLaughlin of Bloomberg News report that "CBS, Disney Defeat FCC in Fight Over Programming Disclosures."

And Variety has a report headlined "AT&T-DirecTV Merger: Court Decision May Clear Way for Review."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 11:46 PM by Howard Bashman



"Court: FAA can allow cellphones during takeoff and landing." 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 11:37 PM by Howard Bashman


"Court tosses Rep. Rangel's bid to overturn censure": Stephen Dinan of The Washington Times has this news update.

Michael Doyle of McClatchy Washington Bureau reports that "Court dismisses Congressman Rangel's challenge to his House censure."

And Sam Hananel of The Associated Press reports that "Appeals court rejects Rangel's bid to overturn censure."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 11:25 PM by Howard Bashman



"More on yesterday's claim-forfeiture opinion in light of How Appealing's post": Matthew Stiegler has this post today at his "CA3blog" discussing my lengthy post of last night about a Third Circuit ruling issued yesterday.

And a federal prosecutor who practices in one of the states within the Third Circuit emails that "we routinely confront defendants who appeal their convictions and raise legal sufficiency challenges (or other claims that require the entire transcript to evaluate fairly (including harmless error)) but include only brief excerpts of the trial transcript in their Appendix (even if they've ordered all the transcripts)." As a result, according to my correspondent, the government frequently must "seek an extension of time, order any missing transcripts, and include them in a Supplemental Appendix (at Government expense)." Whether yesterday's Third Circuit ruling in a civil case will now compel the dismissal of such claims of error in direct federal criminal appeals remains to be seen, but logically that should be the result, because FRAP 10 applies identically in civil and criminal appeals.

All of this, at least in my view, provides further support for my implicit suggestion in my post from last night that either the panel or the full Third Circuit sitting en banc might want to reconsider yesterday's ruling, especially if its effect might be to force more issues that could have been resolved on direct appeal in a criminal case into federal habeas review due to ineffective assistance of appellate counsel. I will probably have more to say about this decision in next Tuesday's installment of my "Upon further Review" column published in The Legal Intelligencer.
Posted at 10:54 PM by Howard Bashman



"Plebiscite Lawsuits sent back to District Court of Guam": Kuam News of Guam has this report on a ruling that Circuit Judge Alex Kozinski issued today on behalf of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. Circuit Judge N.R. Smith issued a dissenting opinion, concluding that the matter was unripe for adjudication.
Posted at 10:12 PM by Howard Bashman


Programming note: After what promises to be a busy day today in Atlanta, I will be heading home this evening. As a result, additional posts will not appear here until tonight. In the interim, some appellate-related retweets are likely to appear on this blogs Twitter feed.
Posted at 08:16 AM by Howard Bashman


Thursday, May 7, 2015

"Racial slur can create hostile work environment, 4th Circuit rules": Reuters has a report that begins, "A U.S. appeals court Thursday revived a discrimination suit against a Maryland hotel by a black former waitress who says a coworker called her a 'porch monkey,' overruling a prior decision that said a single incident could not create a hostile work environment."

You can access today's en banc ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 09:36 PM by Howard Bashman



The appellant's FRAP 10 violation, in failing to include a transcript "necessary to evaluate" appellant's principal claim, forfeits that claim on appeal even if the appellee has provided the court with the missing transcript as an attachment to its brief: The U.S. Court of Appeals for the Third Circuit today issued a ruling that some (myself included) might view as harsh.

In a footnote, the appellate court notes that it probably would have reached the same outcome even if the appellant had provided the necessary transcript, whose existence the appellant claims not to have been aware of (although the Third Circuit questioned the credibility of this assertion). Nevertheless, because the panel's actual holding is that the appellant's failure to provide the transcript forfeited the issue, in a subsequent case this holding could operate to the detriment of a party that in fact truly was unaware of the existence of the transcript.

It is no doubt ironic that the reason the three-judge panel knew that the appellant's assertion that no transcript existed was false was because the appellee provided the transcript together with the appellee's appellate brief. Thus, by the time the panel was considering the merits of the appeal, the transcript wasn't missing from the record. It seems to elevate form over substance, and to constitute a particularly harsh sanction, to hold an issue waived when whatever error or scheme that the appellant was trying to perpetrate did not disadvantage the panel. Instead of deeming the issue forfeited, the panel could have simply ordered the appellant to reimburse the appellee for the costs of obtaining and providing the transcript to the court. And the panel could have imposed far more substantial sanctions if the panel believed that any effort to deceive the panel was intentional.

Even more surprising, perhaps, is that the three-judge panel apparently did not select this appeal for oral argument. Had the case been chosen for oral argument, presumably the panel could have further explored the issue of appellant's perceived wrongdoing and delivered in-person a message that likely would not be forgotten for quite some time, if ever. Instead, the panel opted to announce a harsh forfeiture rule that may apply in cases where an appellant is truly ignorant of a transcript's availability, even if that ignorance did not disadvantage the panel in any way because the transcript was provided to the court before the case was considered on the merits.

In the past, the Third Circuit had been hesitant to impose significant sanctions for relatively minor transgressions. Today's ruling, from three of that court's newer judges, may indicate that the Third Circuit's previous forgiving approach toward errors affecting form but not substance has come to an end.
Posted at 09:27 PM by Howard Bashman



"California Supreme Court revives generic Cipro lawsuit": Maura Dolan of The Los Angeles Times has an article that begins, "The California Supreme Court on Thursday revived a class-action lawsuit that accuses Bayer AG of paying another drug company to delay introducing a generic version of a Bayer antibiotic."

The Associated Press reports that "California court sides with consumers in generic drug fight."

And Reuters reports that "Top California court revives Cipro antitrust case."

You can access today's ruling of the Supreme Court of California at this link.
Posted at 08:40 PM by Howard Bashman



"Free speech and judges: Keeping up appearances." At the "Democracy in America" blog of The Economist, Steven Mazie has a post that begins, "Chief Justice John Roberts did something last week that he hasn't done in three years: side with the liberal justices against his conservative friends on the Supreme Court."
Posted at 05:08 PM by Howard Bashman


"The Destruction of the Wisconsin Supreme Court": Lincoln Caplan has this post online at The New Yorker.
Posted at 04:58 PM by Howard Bashman


"Kentucky prohibits electioneering with 100 feet of polls after court strikes down 300-foot ban": The Lexington Herald-Leader has this report.
Posted at 04:52 PM by Howard Bashman


Thanks to everyone who made my serving as the moderator of the "Reporting on the Courts" panel at the Fifth Circuit's Judicial Conference so much fun: Although the conference in New Orleans wrapped-up yesterday (concluding with a superstar panel -- consisting of Paul D. Clement, Miguel A. Estrada, and Maureen E. Mahoney -- discussing the art of handling cases pending before the U.S. Supreme Court), I am still making my way back home, currently in the midst of a stop-over until tomorrow in Atlanta, where my son is wrapping-up his second year of college.

I had a wonderful time visiting with so many judges and other attendees at the conference. This is not the place for me to name-drop, but you know who you are. I hope that we will keep in touch and see each other again soon. A special thanks to Fifth Circuit Judge Stephen A. Higginson, who invited me to serve as moderator of my panel (further details on my panel can be accessed via the final paragraph of this earlier post) and who himself served as moderator of the excellent SCOTUS practitioners' panel detailed above.

Finally, thanks to all of those who acknowledged this blog's thirteenth birthday yesterday. I have collected as many of those tributes as I could at this blog's Twitter feed (scroll down).
Posted at 04:30 PM by Howard Bashman



"Sea Shepherd tries novel tack in appeal of piracy ruling": Jeremy P. Jacobs of Greenwire has an article that begins, "The anti-whaling group Sea Shepherd has asked the Supreme Court to weigh a federal appeals court decision that characterized the activists' campaign on the open seas against whale-killing Japanese researchers as piracy."

You can view the organization's cert. petition at this link.
Posted at 04:05 PM by Howard Bashman



"Massachusetts seeks to uphold ban on lying in political ads": Reuters has a report that begins, "The state of Massachusetts on Thursday defended a 1946 law making it illegal to tell lies about candidates for office, after a woman facing possible jail time for a mailer about a Cape Cod candidate challenged the measure's constitutionality."

And in pre-argument coverage, today's edition of The Boston Globe contains an article headlined "Mass. AG will defend law against lies in campaign material."

You can access the briefs filed in the case via this link. And archived video of today's oral argument should be available online via this link within the next week or so.
Posted at 03:42 PM by Howard Bashman



"Court Backs Snowden, Strikes Secret Laws": Law professor Noah Feldman has this essay online at Bloomberg View.

And at "The Volokh Conspiracy," Orin Kerr has a post titled "Second Circuit rules, mostly symbolically, that current text of Section 215 doesn't authorize bulk surveillance."
Posted at 03:24 PM by Howard Bashman



"The Management of Staff by Federal Court of Appeals Judges": Law professor G. Mitu Gulati and Seventh Circuit Judge Richard A. Posner have posted this article online at SSRN.

The article's abstract begins, "Federal court of appeals judges have staffs consisting usually of a secretary and four law clerks." According to the abstract, the article "is based on interviews, some in person, most by telephone, of more than 70 judges, chosen mainly at random and covering almost all of the thirteen federal courts of appeals."
Posted at 03:18 PM by Howard Bashman



"Appeals court upholds Pandora's victory over songwriters; ASCAP says 1.85% royalty isn't enough; 2nd Circuit feels otherwise": Joe Mullin of Ars Technica has this report today.

My earlier coverage of yesterday's Second Circuit ruling can be accessed here.
Posted at 01:56 PM by Howard Bashman



"Convicted terrorist Omar Khadr granted bail": Sean Fine and Mike Hager of The Toronto Globe and Mail have this news update. Yesterday, they had an article headlined "Psychological assessment gives glimpse into Omar Khadr's inner life."

And The Edmonton Journal has a news update headlined "Omar Khadr to be freed on bail."
Posted at 01:50 PM by Howard Bashman



"Appeals court rules NSA phone dragnet is illegal": The Los Angeles Times has this news update.

David Kravets of Ars Technica reports that "NSA phone dragnet is illegal, appeals court rules; The snooping program 'exceeds the scope of what Congress has authorized.'"

Josh Gerstein of Politico.com reports that "Appeals court rules that NSA phone surveillance program is illegal; The judges didn't address whether the program violated the Constitution."

And at "Just Security," Marty Lederman has a post titled "Second Circuit rules that Section 215 does not authorize telephony bulk collection program," while Steve Vladeck has a post titled "The Second Circuit and the Politics of Surveillance Reform."

My earlier coverage of today's Second Circuit ruling appears at this link.
Posted at 01:44 PM by Howard Bashman



"Kennedy at the Rubicon on Marriage": Kenneth Jost had this post Sunday at his blog, "Jost on Justice."
Posted at 01:32 PM by Howard Bashman


"Confirmation vote on Pennsylvania jurist awaits 'blue slip' from Toomey": Tracie Mauriello has this article in today's edition of The Pittsburgh Post-Gazette.
Posted at 01:30 PM by Howard Bashman


"N.S.A. Phone Data Collection Illegal, Appeals Court Rules": Charlie Savage of The New York Times has a news update that begins, "A federal appeals court in New York on Thursday ruled that the once-secret National Security Agency program that is systematically collecting Americans' phone records in bulk is illegal."

Ellen Nakashima of The Washington Post has a news update headlined "NSA program on phone records is illegal, court says."

Brad Heath and Richard Wolf of USA Today report that "Appeals court strikes down government's phone surveillance program."

Michael Doyle of McClatchy Washington Bureau has a report headlined "Appeals court: NSA's bulk collection of phone data illegal."

Stephen Dinan of The Washington Times has a report headlined "NSA phone record collection is excessive: U.S. appeals court."

Jonathan Stempel of Reuters reports that "U.S. NSA domestic phone spying program illegal: appeals court."

The Associated Press has a report headlined "US appeals court: NSA phone record collection is excessive."

And Bob Van Voris of Bloomberg News reports that "NSA's Bulk Collection of Telephone Data Is Ruled Illegal; The court declines to rule on whether the practice violates the U.S Constitution."

Circuit Judge Gerard E. Lynch wrote today's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit. The panel consisted of Judge Lynch, Senior Circuit Judge Robert D. Sack (who joined the opinion of the court in full and also issued a concurring opinion), and U.S. District Judge Vernon S. Broderick (S.D.N.Y.). Judges Lynch and Broderick were appointed to their current seats by President Obama, while President Clinton appointed Judge Sack.
Posted at 11:25 AM by Howard Bashman



Wednesday, May 6, 2015

"Appeals Court Rules in Pandora's Favor in Royalty Rate Fight": Eriq Gardner has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.

And The Associated Press reports that "Pandora wins appeal against songwriters society ASCAP."

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



"Pharmaceutical firm wants lethal injection drugs returned": The Associated Press has this report.
Posted at 11:04 PM by Howard Bashman


"Tennessee justices debate notification in electric chair case": Stacey Barchenger of The Tennessean has a news update that begins, "What one Tennessee Supreme Court justice called a 'big hole' in state protocol regarding when death-row inmates are told they will be executed in the electric chair was a key issue before the state's highest court Wednesday."
Posted at 10:56 PM by Howard Bashman


"Judicature Returns with Ninth Circuit Connection": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit today issued a news release that begins, "Judges of the United States Court of Appeals for the Ninth Circuit are helping to restore the venerable Judicature magazine to its rightful place among the nation's foremost legal publications."
Posted at 09:32 PM by Howard Bashman


"From Chief Justice Roberts, a liberal dose of independence": Richard Wolf of USA Today has this report.
Posted at 09:27 PM by Howard Bashman


Today "How Appealing" turns 13 years old: As this blog's archives will confirm, the very first "How Appealing" post appeared on May 6, 2002. Thanks to all of this blog's readers and sources for continuing to make operating this blog so much fun.

For those who might like to be notified of new posts via Twitter, you can do so by following this blog's Twitter feed. Especially on a day like today -- when I will be traveling to Atlanta from the Fifth Circuit's Judicial Conference in New Orleans -- links to items of interest to this blog's readers are likely to appear on this blog's Twitter feed long before they appear on this page.
Posted at 08:47 AM by Howard Bashman



Tuesday, May 5, 2015

"Court rejects royalties for artists in out-of-state sales": Maura Dolan of The Los Angeles Times has this news update.

Bob Egelko of The San Francisco Chronicle has a news update headlined "California artists not entitled to royalty on out-of-state sales."

Courthouse News Service reports that "CA Resale Royalties Law Reined In by 9th Circuit."

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Will High-Priced Art Ever Be Auctioned Again in California?"

You can access today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:56 PM by Howard Bashman



"John Paul Stevens says some Guantanamo Bay detainees should be given reparations": Mark Berman of The Washington Post has this report today.
Posted at 11:07 PM by Howard Bashman


"Omar Khadr bail decision delayed": The Edmonton Journal has this news update.

And The Associated Press reports that "Canadian judge delays bail decision for ex-Gitmo inmate."
Posted at 06:14 PM by Howard Bashman



"Pat Toomey Is Blocking His Own Judicial Nominee, For Some Reason": Jennifer Bendery of The Huffington Post has this report today about Third Circuit nominee Luis Restrepo, who now serves as a judge on the U.S. District Court for the Eastern District of Pennsylvania.
Posted at 05:54 PM by Howard Bashman


"Conservative Nebraska looks at abolishing death penalty": The Associated Press has a report that begins, "There's not a lot of sympathy for the 11 men on death row in Nebraska, but spurred by frustration about the growing difficulty and cost of carrying out executions, lawmakers are considering eliminating the death penalty."
Posted at 05:46 PM by Howard Bashman


"Court: warrantless cellphone tracking not illegal search." The Associated Press has a report that begins, "Investigators do not need a search warrant to obtain cellphone tower location records in criminal prosecutions, a federal appeals court ruled Tuesday in a closely-watched case involving the rules for changing technology."

News Service of Florida reports that "Court backs use of cell records to track suspect."

At "The Volokh Conspiracy," Orin Kerr has a post titled "Eleventh Circuit rules for the feds on cell-site records -- but then overreaches."

And at "The Southern District of Florida" blog, Brian Toth has this guest post about the decision.

You can access today's en banc ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 05:42 PM by Howard Bashman



"States respond to US appeal in immigration lawsuit": The Associated Press has a report that begins, "States fighting President Barack Obama's plan to spare millions of immigrants from deportation say they agree with a Texas judge who has temporarily blocked the president's action."

Via this post at "Josh Blackman's Blog," you can access the Brief for Appellees.
Posted at 05:14 PM by Howard Bashman



"Justices Alito and Scalia Liken Death Penalty Opponents to Terrorists": Michael Dorf had this post yesterday at his blog, "Dorf on Law."
Posted at 04:30 PM by Howard Bashman


"Supreme Court Seeks Obama Administration Comment on Marijuana Case; Oklahoma and Nebraska call Colorado's legalization of pot a 'cross-border nuisance'": Jess Bravin of The Wall Street Journal has this report.
Posted at 08:36 AM by Howard Bashman


"Compensation for wartime wrongs?" Lyle Denniston had this post yesterday at his "Law News" blog.
Posted at 08:32 AM by Howard Bashman


"Poll: Majority Wants Supreme Court to OK Same Sex Marriage Nationally." NBC News has this report.
Posted at 08:26 AM by Howard Bashman


"In sum, while singing in the rain may result in a glorious feeling, singing in the post office is not a constitutional right." So concludes an unpublished per curiam opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.
Posted at 08:24 AM by Howard Bashman


"The Junior Justice: Elena Kagan is rewriting the role of a Supreme Court justice in American democracy." Lincoln Caplan has this article in the Spring 2015 issue of The American Prospect magazine.
Posted at 08:16 AM by Howard Bashman


Monday, May 4, 2015

"Marriage plaintiffs in SF": Bob Egelko of The San Francisco Chronicle has this blog post today.
Posted at 11:23 PM by Howard Bashman


"Court skeptical on Barack Obama immigration challenge; Arizona Sheriff Joe Arpaio contends his jail is spending millions of dollars to house illegal immigrants Obama is refusing to deport": Josh Gerstein of Politico.com has this report.

You can access via this link the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.
Posted at 11:18 PM by Howard Bashman



"5th Circuit: 3 Mexican states cannot sue BP over 2010 spill." The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued last Friday.
Posted at 11:06 PM by Howard Bashman


"Supreme Court Accepts Case on Electricity Regulation": Adam Liptak will have this article in Tuesday's edition of The New York Times.

Robert Barnes and Chris Mooney of The Washington Post report that "Supreme Court to rule on breaks for cutting peak-demand energy use."

Brent Kendall and Amy Harder of The Wall Street Journal report that "Supreme Court to Review FERC Energy-Saving Rule; High court will consider the case during its next term, which begins in October." You can freely access the full text of the article via Google.

Lawrence Hurley of Reuters reports that "Supreme Court to Review FERC Energy-Saving Rule."

And Jeremy P. Jacobs of Greenwire reports that "Justices will review ruling that nixed FERC's demand-response regs."
Posted at 10:54 PM by Howard Bashman



"After agreeable term, Supreme Court is back to being disagreeable": Richard Wolf of USA Today has this report.
Posted at 10:33 PM by Howard Bashman


"'No Human Is Wise Enough to Decide Who Should Die'; The life and death of Robert Utter, former state Supreme Court justice and death penalty opponent": Ken Armstrong has this essay online at The Marshall Project.
Posted at 11:02 AM by Howard Bashman


"Supreme Court race is a game of 'Pick 3'": Columnist John Baer has this essay in today's edition of The Philadelphia Daily News.
Posted at 11:00 AM by Howard Bashman


"Freemansburg man convicted in federal Facebook threat case now charged in domestic assault": Pamela Lehman and Peter Hall of The Morning Call of Allentown, Pennsylvania recently had an article that begins, "While the U.S. Supreme Court is poised to rule on whether a Freemansburg man was wrongly imprisoned for threats of violence on Facebook, he has been arrested on charges he hit his girlfriend's mother with a pot."

And The Express-Times of Easton, Pennsylvania reports that "Freemansburg man whose threats case went to Supreme Court is jailed on assault charge."
Posted at 10:12 AM by Howard Bashman



Access online today's ruling of the U.S. Supreme Court in an argued case: Chief Justice John G. Roberts, Jr. delivered the opinion for a unanimous Court in Bullard v. Blue Hills Bank, No. 14-116. You can access the oral argument via this link.
Posted at 10:04 AM by Howard Bashman


"Justices' Opinions Grow in Size, Accessibility and Testiness, Study Finds": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 09:45 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 related cases and called for the views of the Solicitor General in one case.

In early news coverage, The Associated Press reports that "High court will hear appeal over energy rule"; "Court rejects challenge to NJ ban on gay conversion therapy"; and "High court won't hear NY appeal over Miranda warnings."

And Greg Stohr and Jonathan Crawford of Bloomberg News report that "FERC Gets U.S. High Court Hearing on Energy-Conservation Rule."
Posted at 09:43 AM by Howard Bashman



"John Doe tensions boil over as high courts prepare to weigh in": The Wisconsin State Journal has this report.
Posted at 07:48 AM by Howard Bashman


"Cameras at the Supreme Court": This letter to the editor appears in today's edition of The New York Times.
Posted at 07:46 AM by Howard Bashman


"Madison bans discrimination against atheists, non-religious": The Associated Press has a report that begins, "While conservatives in Indiana and Arkansas were explaining last month why their new religious objections laws weren't invitations to discriminate against gays, the leaders of Wisconsin's capital city were busy protecting the rights of another group: atheists."
Posted at 07:44 AM by Howard Bashman


Sunday, May 3, 2015

"Pace of death sentences, executions slows in Virginia": The Associated Press has a report that begins, "A prosecutor's decision not to seek a death penalty for the man accused of abducting and killing a University of Virginia student is emblematic of capital punishment's decline across the country and in a state that once operated one of the busiest execution chambers in the nation."
Posted at 11:59 PM by Howard Bashman


"Anti-gay shop owner in west Michigan defies backlash": The Detroit News has this report.
Posted at 11:58 PM by Howard Bashman


"Justice Forever? Life Tenure on the Supreme Court." Talks on Law has posted online this video interview with law professor Richard H. Fallon, Jr.
Posted at 11:56 PM by Howard Bashman


"Three open seats on Pa. Supreme Court make for pivotal races": Chris Potter has this article in today's edition of The Pittsburgh Post-Gazette.
Posted at 11:54 PM by Howard Bashman


"Roberts at center stage as Supreme Court approaches historic decisions": Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 11:46 PM by Howard Bashman


"Justice Ruth Bader Ginsberg stops by to discuss the Supreme Court hearing on marriage equality": You can view the "Weekend Update" segment from last night's broadcast of NBC's Saturday Night Live via this link.
Posted at 05:45 PM by Howard Bashman


"State Supreme Court choices for Democrats: Donohue, Lazarus and Wecht." This editorial appears in today's edition of The Pittsburgh Post-Gazette.

Today's newspaper also contains a related editorial titled "State Supreme Court choices for Republicans: Allen, Olson and Stevens."
Posted at 10:50 AM by Howard Bashman



Saturday, May 2, 2015

"Iowa's gay marriage plaintiffs are proud 6 years later": The Des Moines Register has this report.
Posted at 09:48 PM by Howard Bashman


"Scalia's quip about gay-marriage protester stirs bias debate": Bob Egelko of The San Francisco Chronicle has this report.

You can freely access the full text of the article via Google.
Posted at 09:45 PM by Howard Bashman



"Moms: You can't do this at the U.S. Supreme Court." Amber Hunt of The Cincinnati Enquirer has an article that begins, "One of the Cincinnati mothers in the same-sex marriage case was not only denounced by protesters on the steps of the Supreme Court this week, but she also was admonished by security for breastfeeding her baby there."
Posted at 04:48 PM by Howard Bashman


"Seitz joins Delaware Supreme Court, follows his father": Jessica Masulli Reyes of The News Journal of Wilmington, Delaware has an article that begins, "Collins J. Seitz Jr. followed in the footsteps of his father Friday when he was sworn in as the newest justice of the Delaware Supreme Court."

The new Justice's sister, who is also quite well known, is quoted in the article. After serving a short stint on the Supreme Court of Delaware, some 15 years later their father served as a judge on the U.S. Court of Appeals for the Third Circuit from 1966 until his death in 1998.
Posted at 10:28 AM by Howard Bashman



"Philadelphia brothers Dougherty spotlight differences as one vies for Supreme Court": Adam Brandolph has this article in today's edition of The Pittsburgh Tribune-Review.
Posted at 10:20 AM by Howard Bashman


"Guerrilla Warfare at the Supreme Court": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 10:18 AM by Howard Bashman


"Gay marriage foe's argument seems to leave Supreme Court justices puzzled": David G. Savage of The Los Angeles Times had this article in yesterday's edition of The Los Angeles Times.

And LA Times business columnist Michael Hiltzik has an essay titled "Same-sex marriage: Supreme Court Justices don't know much about history."
Posted at 10:14 AM by Howard Bashman



"Supreme Court Clerk Remembers First Same-Sex Marriage Case; Michel LaFond, a law clerk to Justice Harry Blackmun, wrote memo dismissing 1972 petition": Jess Bravin of The Wall Street Journal has this report.
Posted at 10:10 AM by Howard Bashman


Friday, May 1, 2015

"Equality before the law: Showtime for gay marriage; The Supreme Court ponders the biggest case of the decade." This article appears in the May 2, 2015 issue of The Economist.

At the blog "Dorf on Law," Michael Dorf has a post titled "Is the Sex Discrimination Rationale in the SSM Cases Narrower?"

And at Big Think, Steven Mazie has a post titled "The Incredible Shrinking Argument Against Gay Marriage."
Posted at 10:38 PM by Howard Bashman



"California charities must disclose major donors, court rules": Maura Dolan of The Los Angeles Times has this news update reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 10:32 PM by Howard Bashman


By a vote of 6-to-5, the en banc Seventh Circuit gives federal death row inmate another chance to establish mental retardation demonstrating ineligibility for execution: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 10:25 PM by Howard Bashman


"Appeals court overturns rule on backup generators": 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 10:12 PM by Howard Bashman


"Supreme Court permanently disbars former Rep. William Jefferson": Bruce Alpert of The Times-Picayune of New Orleans has this news update.

You can access today's per curiam ruling of the Supreme Court of Louisiana at this link.
Posted at 10:02 PM by Howard Bashman



"SCOTUS chief justice is worried about eroding public faith in judges": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 07:10 PM by Howard Bashman


Greetings from New Orleans: It's great to be here, as always. In news of local interest, Mark Schleifstein of The Times-Picayune has a news update headlined "Judge: Corps' MR-GO 'took' value of properties in St. Bernard, Lower 9th Ward."

And The Associated Press has a report headlined "Judge: US government liable for some Katrina flooding."

You can access today's ruling of the U.S. Court of Federal Claims -- the very same court on which Ninth Circuit Judge Alex Kozinski entered the judiciary as a non-Article III federal judge -- at this link.
Posted at 07:08 PM by Howard Bashman



"Bonds, baseball, and prosecutorial BS": David Post has this post today at "The Volokh Conspiracy."
Posted at 06:55 PM by Howard Bashman


"SCOTUSblog on camera: Kenji Yoshino." Fabrizio di Piazza has this post today at "SCOTUSblog."
Posted at 06:52 PM by Howard Bashman


Programming note: This afternoon, I will be in transit to the location of my next speaking event -- mentioned in this recent earlier post -- scheduled for next Tuesday morning.

My last visit there was in March 2009, and I had a very enjoyable time, as reflected in posts that you can access here, here, and here.

Additional posts will appear here this evening, although in the interim updates may appear on this blog's Twitter feed.
Posted at 09:20 AM by Howard Bashman







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