How Appealing

Tuesday, June 30, 2015

"End of an Era at the Supreme Court": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:58 PM by Howard Bashman


"Apple Loses Federal Appeal in E-Books Case; iPhone maker is expected to pay $450 million, most of it to e-book consumers": Joe Palazzolo of The Wall Street Journal has this report.

The Los Angeles Times reports that "Apple loses appeal on e-book antitrust suit."

Nate Raymond and Jonathan Stempel of Reuters have an article headlined "Apple conspired to fix e-book prices -- U.S. appeals court."

Bloomberg News reports that "Apple a Step Closer to Paying $400 Million to E-Book Users."

The Associated Press reports that "US court agrees Apple violated antitrust law in e-book entry."

Ars Technica reports that "Appeals court says Apple is liable for e-book price fixing; Apple lost a price fixing case, fought the charges, but found no help in higher court."

And at the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Apple Fails to Overturn E-Book Price-Fixing Ruling on Appeal; The 2nd Circuit rules that Apple must suffer condemnation for conspiring with book publishers."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:55 PM by Howard Bashman



"Rhetoric and Reason in Obergefell": Richard M. Re has this post at "PrawfsBlawg."
Posted at 11:33 PM by Howard Bashman


"Evolving Standards of Decency That Mark the Progress of Maturing Justices": Michael Dorf had this post yesterday at "Dorf on Law."
Posted at 11:30 PM by Howard Bashman


"A few words on Obergefell and the countermajoritarian tendency": David Post had this entry yesterday at "The Volokh Conspiracy."
Posted at 11:08 PM by Howard Bashman


"Oklahoma to quickly resume executions after Supreme Court decision": Reuters has a report that begins, "Oklahoma is looking to resume executions as soon as August after the U.S. Supreme Court ruled this week that a drug used in the state's lethal injection mix was appropriate and legal, officials said on Tuesday."
Posted at 11:00 PM by Howard Bashman


"Ten Commandments Ruling: Attorney General Scott Pruitt says court 'got it wrong.'" The Oklahoman has a news update that begins, "An Oklahoma Supreme Court ruling that the Ten Commandments monument must be removed from the state Capitol grounds touched off a storm of protests Tuesday with several lawmakers calling for the impeachment of the seven justices who supported the decision."
Posted at 10:58 PM by Howard Bashman


"A court of one: Anthony Kennedy." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this op-ed online at The Los Angeles Times.
Posted at 04:30 PM by Howard Bashman


"Origin Story: How the 1942 case of a one-footed chicken thief laid the foundation for marriage equality." Law professor David L. Franklin has this jurisprudence essay online at Slate.
Posted at 04:27 PM by Howard Bashman


"A Fractious Majority: The Supreme Court's conservatives increasingly disagree with one another." Law professor Eric Posner has this essay online today at Slate.
Posted at 04:25 PM by Howard Bashman


"Is the Supreme Court More Liberal Than Obama? One of the administration's closest allies was Clarence Thomas." Law professor Adam Winkler has this jurisprudence essay online today at Slate.
Posted at 04:18 PM by Howard Bashman


"Mercury ruling sets up legal 'crapshoot' on Clean Power Plan": Jeremy P. Jacobs of Greenwire has this report today.
Posted at 04:09 PM by Howard Bashman


"How Liberals Pitched A Near-Perfect Game This Supreme Court Term": Ian Millhiser has this post online today at ThinkProgress.
Posted at 04:08 PM by Howard Bashman


"Ten Commandments monument must be removed from grounds of state Capitol, the Oklahoma Supreme Court ruled Tuesday": The Oklahoman has this news update.

Barbara Hoberock of The Tulsa World has a news update headlined "State Supreme Court rules against Ten Commandments monument at Capitol."

Reuters reports that "Oklahoma Supreme Court orders removal of Ten Commandments monument."

And The Associated Press has a report headlined "Oklahoma court: Ten Commandments monument must come down."

You can access today's 7-to-2 per curiam ruling of the Supreme Court of Oklahoma at this link.
Posted at 04:03 PM by Howard Bashman



"Supreme Court Tacks Left, With Push From Disciplined Liberals": Adam Liptak will have this article in Wednesday's edition of The New York Times.
Posted at 03:42 PM by Howard Bashman


"Has the Court Turned Left?" David Cole has this post at the blog of The New York Review of Books.
Posted at 01:40 PM by Howard Bashman


"Supreme Court Rebuffs Lawmakers Over Independent Redistricting Panel": Adam Liptak has this article in today's edition of The New York Times.

Robert Barnes of The Washington Post reports that "Justices rule 5-4 that independent panels can draw election district lines."

David G. Savage of The Los Angeles Times reports that "California officials praise Supreme Court ruling on independent redistricting commissions."

Brent Kendall and Isaac Stanley-Becker of The Wall Street Journal report that "Supreme Court Upholds Arizona Initiative on Redrawing Voting Districts; Ruling allows states to use independent commissions to draw congressional lines."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court OKs independent redistricting panels."

Tom Howell Jr. of The Washington Times has an article headlined "'Legislature' vs. 'people': Court allows independent boards to draw Arizona congressional maps."

Warren Richey of The Christian Science Monitor reports that "Supreme Court upholds Arizona experiment against partisan politics."

Rebekah L. Sanders and Mary Jo Pitzl of The Arizona Republic report that "Supreme Court upholds Arizona political map."

Howard Fischer of The Arizona Daily Star reports that "Supreme Court upholds Arizona congressional lines."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court upholds Arizona redistricting commission."

Greg Stohr of Bloomberg News reports that "Independent Redistricting Panel Upheld by U.S. Supreme Court."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: A cure for partisan gerrymandering?"
Posted at 01:23 PM by Howard Bashman



"Boutiques Wipe The Supreme Court Floor With BigLaw Rivals": Jake Simpson of Law360.com has an article (subscription required for full access) that begins, "Appellate boutique firms had a banner year before the Supreme Court this term, winning nine of the 11 cases they argued and casting a big shadow over their BigLaw competition."
Posted at 01:14 PM by Howard Bashman


"Mindlessly Literal Reading Loses Again: This Supreme Court decision is a dig at Bush v. Gore." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this jurisprudence essay online at Slate.
Posted at 09:40 AM by Howard Bashman


"Second Circuit grants rehearing in Ganias computer search and seizure case": Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 09:37 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 five new cases.

In early news coverage, The Associated Press reports that "Justices take up dispute over union fees"; "Justices will hear new case on Arizona state redistricting"; and "High court won't hear Nevada patient dumping case."

And Richard Wolf of USA Today reports that "Supreme Court to hear case threatening public employee unions" and "Supreme Court to decide new war between the states."
Posted at 09:33 AM by Howard Bashman



"One word sums up the Supreme Court's ruling in King v. Burwell -- 'Enough!' Courts are not forums for revisiting political defeats." Robert Weiner has this post at Casetext.
Posted at 09:30 AM by Howard Bashman


"Conservatives Push Back Against Court's Liberal Tilt": Kenneth Jost had this post yesterday at his blog, "Jost on Justice."
Posted at 09:28 AM by Howard Bashman


"Supreme Court ends term with rulings on EPA, voter redistricting and lethal injection": This video segment featuring Marcia Coyle appeared on yesterday evening's broadcast of the PBS NewsHour.
Posted at 08:44 AM by Howard Bashman


"Supreme Court Concludes Term With Death Penalty Ruling, Looks Ahead": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 08:42 AM by Howard Bashman


Monday, June 29, 2015

"Conservatives help liberals win at Supreme Court": Stephen Collinson and Ariane de Vogue of CNN.com have this report.
Posted at 11:38 PM by Howard Bashman


"Supreme Court's liberal admirers get reality check; Reports of the Supreme Court's leftward turn have been greatly exaggerated": Josh Gerstein of Politico.com has this report.

And at Politico Magazine, various contributors offer their thoughts under the headline "Did the Roberts Court Really Lurch Left? Gay marriage. Health care. Housing. Was it a sea change ... or a blip?"
Posted at 11:37 PM by Howard Bashman



"Supreme Court Blocks Obama's Limits on Power Plants": Adam Liptak and Coral Davenport will have this article in Tuesday's edition of The New York Times.

Joby Warrick and Robert Barnes of The Washington Post have an article headlined "Supreme Court: EPA erred in rule on toxic emissions from power plants."

David G. Savage of The Los Angeles Times reports that "Supreme Court blocks EPA's air pollution rules for power plants."

Brent Kendall and Amy Harder of The Wall Street Journal report that "High Court Strikes Down EPA Limits on Mercury Emissions; Justices say agency failed to properly consider cost of rules."

Michael Doyle and Sean Cockerham of McClatchy Washington Bureau report that "Supreme Court quashes clean air rule, says cost must be considered."

Ben Wolfgang of The Washington Times reports that "Supreme Court strikes down Obama power-plant regulations."

Todd Spangler of The Detroit Free Press reports that "Supreme Court shoots down EPA power plant rules."

Melissa Nann Burke of The Detroit News reports that "Court rules against EPA in mercury pollution case."

MLive.com reports that "Supreme Court sides with Michigan AG Bill Schuette on power plant limits."

Lawrence Hurley of Reuters reports that "U.S. top court rules against Obama administration over air pollution rule."

Greg Stohr and Mark Drajem of Bloomberg News report that "EPA Loses at U.S. High Court on Power-Plant Emissions Rule."

Ariane de Vogue of CNN.com has an article headlined "Supreme Court: EPA unreasonably interpreted the Clean Air Act."

Alex Guillen of Politico.com has a report headlined "Supreme Court's ruling comes too late for coal."

Jeremy P. Jacobs of Greenwire reports that "Justices topple EPA mercury regs in ruling seen as limited."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: Power plants stymie smokestack controls."
Posted at 11:04 PM by Howard Bashman



"The Case Against Polygamy: Chief Justice John Roberts says the Supreme Court's gay marriage ruling paves the way for plural unions; He's wrong." William Saletan has this essay online today at Slate.
Posted at 10:30 PM by Howard Bashman


"In this instance, Judge Posner lied": Senior U.S. District Judge Richard G. Kopf had this post yesterday at his "Hercules and the umpire" blog.
Posted at 10:26 PM by Howard Bashman


"A new way for class action firms to combat serial objectors?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 10:23 PM by Howard Bashman


"President Obama's immigration actions face skeptical judges": Seung Min Kim of Politico.com has this report.
Posted at 10:14 PM by Howard Bashman


"From Doubles Tennis to Internet Porn: My Year as a Supreme Court Clerk." Politico Magazine has posted online this excerpt from U.S. Senator Ted Cruz's (R-TX) new memoir.

And in somewhat related news coverage, Adam B. Lerner of Politico.com has an article headlined "Ted Cruz: States should ignore gay-marriage ruling."
Posted at 10:12 PM by Howard Bashman



"The numbers on the extent to which this was a 'liberal' Supreme Court Term": Tom Goldstein has this post today at "SCOTUSblog."
Posted at 10:02 PM by Howard Bashman


"Court Lets Some Charities Avoid Rules on Birth Control Coverage": Robert Pear will have this article in Tuesday's edition of The New York Times.

And at "SCOTUSblog," Lyle Denniston has a post titled "Court clears way for birth control access."

You can access today's order of the U.S. Supreme Court at this link.
Posted at 09:56 PM by Howard Bashman



"John Roberts's Court": Lincoln Caplan has this post online today at The New Yorker.
Posted at 08:05 PM by Howard Bashman


"Supreme Court blocks Texas abortion-clinic rules": The Associated Press has this report.

You can view today's 5-to-4 order of the U.S. Supreme Court granting a stay at this link.
Posted at 03:48 PM by Howard Bashman



"Supreme Court Allows Use of Execution Drug": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court upholds lethal injection procedure."

David G. Savage of The Los Angeles Times reports that "Supreme Court OKs use of controversial sedative in executions."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Upholds Use of Death-Penalty Drug; High Court rejects claims that midazolam can cause excruciating pain."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court upholds use of drug for lethal injection executions."

Chris Casteel of The Oklahoman reports that "Supreme Court upholds Oklahoma lethal injection drug."

The Tulsa World reports that "Supreme Court upholds Oklahoma's lethal injection protocol."

Lawrence Hurley of Reuters reports that "Supreme Court upholds Oklahoma lethal injection process."

Greg Stohr of Bloomberg News reports that "Lethal-Injection Drug Allowed by Divided U.S. Supreme Court."

Ariane de Vogue of CNN.com reports that "Supreme Court backs use of lethal injection drug."

And Josh Gerstein of Politico.com reports that "Supreme Court permits lethal injection technique; The court rejected claims that Oklahoma violated the ban on cruel and unusual punishment."
Posted at 01:14 PM by Howard Bashman



"Gay marriage case secures Justice Kennedy's legacy": Michael Doyle of McClatchy Washington Bureau has this report.
Posted at 01:10 PM by Howard Bashman


"Supreme Court Will Reconsider Affirmative Action Case": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court to consider University of Texas race-conscious admissions."

David G. Savage of The Los Angeles Times reports that "Supreme Court to decide on college affirmative action case."

Jess Bravin of The Wall Street Journal reports that "U.S. Supreme Court to Consider Affirmative Action at Public Universities; Court to consider whether University of Texas can consider race in admissions."

The Austin American-Statesman hsa a news update headlined "U.S. Supreme Court agrees to consider UT race case a second time."

Ariane de Vogue of CNN.com reports that "Supreme Court to rehear major affirmative action case next term."

Josh Gerstein and Allie Grasgreen of Politico.com report that "Supreme Court will hear Texas affirmative action case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Once more, testing college affirmative action."
Posted at 01:03 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 Samuel A. Alito, Jr. delivered the opinion of the Court in Glossip v. Gross, No. 14-7955. Justice Antonin Scalia issued a concurring opinion, in which Justice Clarence Thomas joined. Justice Thomas also issued a concurring opinion, in which Justice Scalia joined. Justice Stephen G. Breyer issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined. And Justice Sonia Sotomayor issued a dissenting opinion, in which Justices Ginsburg, Breyer, and Elena Kagan joined. You can access the oral argument via this link.

2. Justice Ginsburg delivered the opinion of the Court in Arizona State Legislature v. Arizona Independent Redistricting Comm'n, No. 13-1314. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justices Scalia, Thomas, and Alito joined. Justice Scalia also issued a dissenting opinion, in which Justice Thomas joined. And Justice Thomas also issued a dissenting opinion in which Justice Scalia joined. You can access the oral argument via this link.

3. And Justice Scalia delivered the opinion of the Court in Michigan v. EPA, No. 14-46. Justice Thomas issued a concurring opinion. And Justice Kagan issued a dissenting opinion, in which Justices Ginsburg, Breyer, and Sotomayor joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Justices uphold use of drug implicated in botched executions"; "Justices uphold Arizona's system for redistricting"; and "Justices rule against EPA power plant mercury limits."

And Richard Wolf of USA Today reports that "Supreme Court refuses to ban controversial method of execution"; "Supreme Court allows commissions to draw congressional districts"; and "High court gives red light to power plant regulations"
Posted at 10:04 AM by Howard Bashman



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

Justice Clarence Thomas issued a dissent, in which Justice Samuel A. Alito, Jr. joined, from the denial of certiorari in Joyner v. Barnes, No. 14-395.

And Justice Sonia Sotomayor issued a dissent, in which Justices Ruth Bader Ginsburg and Elena Kagan joined, from the denial of certiorari in Jordan v. Fisher, No. 14-8035.

In early news coverage, The Associated Press reports that "Supreme Court will re-hear Texas affirmative action"; "Justices won't hear Google appeal in dispute with Oracle"; "Justices won't hear appeal from BP, Anadarko over Gulf spill"; and "Justices allow new hearings in North Carolina capital cases."

Greg Stohr of Bloomberg News reports that "University Affirmative Action Gets U.S. Supreme Court Review"; "Google Rejected by U.S. Supreme Court in Oracle Java Copying Case"; and "BP, Anadarko Rejected by U.S. Supreme Court on Gulf Spill Fines."

Lawrence Hurley of Reuters reports that "U.S. top court agrees to weigh affirmative action in college admissions"; "U.S. top court declines to hear Google appeal in Oracle Java fight"; "U.S. justices turn down states over voter registration restrictions"; "U.S. Supreme Court rejects BP, Anadarko over Deepwater Horizon spill penalties"; and "U.S. top court rejects convicted congressman Renzi's appeal."

And Richard Wolf of USA Today reports that "Supreme Court will hear new challenge to affirmative action."
Posted at 09:40 AM by Howard Bashman



"Same-sex marriage ruling highlights Supreme Court quandary: Restraint or intervention?" David G. Savage of The Los Angeles Times has this news analysis.
Posted at 08:09 AM by Howard Bashman


"John Roberts to America: I'm in Charge Here." Simon Lazarus has this essay online at The New Republic.

Also online at The New Republic, David H. Gans has an essay titled "A Term to Remember: The Supreme Court gave us a historic year for liberty and equality."

Law professor Andrew Koppelman has an essay titled "A Slightly Modest Proposal: John Roberts's claims of judicial restraint should be taken with a grain of salt."

And Esther Breger has an essay titled "Condemned to Loneliness by the Supreme Court."
Posted at 08:07 AM by Howard Bashman



"Revenge Killing: Race and the death penalty in a Louisiana parish." Rachel Aviv has this "Annals of Justice" article in the July 6, 2015 issue of The New Yorker.
Posted at 08:04 AM by Howard Bashman


"Crisis of the Dissents Divided? -- Disagreement among the Obergefell Four." Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 08:00 AM by Howard Bashman


"The Justices' Justice: For years we feared the consequences of pushing social progress through the courts' Obergefell v. Hodges will prove we shouldn't." Law professor David Fontana has this jurisprudence essay online at Slate.
Posted at 07:58 AM by Howard Bashman


"Mike Huckabee Says He Wouldn't Listen To The Supreme Court As President; The former Arkansas governor also said Chief Justice John Roberts 'apparently needs medication for schizophrenia'": Andrew Kaczynski of BuzzFeed News has this report.
Posted at 07:56 AM by Howard Bashman


"Antonin Scalia's dissent in same-sex marriage ruling even more scornful than usual": Timothy M. Phelps of The Los Angeles Times has this news analysis.
Posted at 07:54 AM by Howard Bashman


Sunday, June 28, 2015

"Decades of battles converged for momentous decision; From Hawaii to White House, gays' right to marry seemed far from inevitable": Robert Barnes of The Washington Post has this report.
Posted at 05:32 PM by Howard Bashman


Saturday, June 27, 2015

"Is Alabama Chief Justice Roy Moore setting up a battle over gay marriage?" Kent Faulk of The Birmingham News has this report.
Posted at 08:53 PM by Howard Bashman


"Liberals Unite to Win as Top U.S. Court Closes Blockbuster Term": Greg Stohr of Bloomberg News has this report.
Posted at 08:46 PM by Howard Bashman


"Bye, Bye, Glucksberg": Jack Balkin has this post today at "Balkinization."
Posted at 08:42 PM by Howard Bashman


Seventh Circuit Judge Richard A. Posner has joined this year's installment of Slate's "Supreme Court Breakfast Table": Judge Posner's first two posts are titled "A chief justice has a greater personal interest in how he votes than the other justices" and "The chief justice's dissent is heartless."
Posted at 08:30 PM by Howard Bashman


"John Roberts, the Umpire in Chief": Jeffrey Rosen will have this essay in the Sunday Review section of tomorrow's edition of The New York Times.
Posted at 08:24 PM by Howard Bashman


"Right sees leftward tilt in Roberts Supreme Court era": Peter Schroeder and Lydia Wheeler of The Hill have this report today.

And yesterday The Hill had a blog post titled "Cruz: Supreme Court justices should face elections."
Posted at 08:22 PM by Howard Bashman



"Why John Roberts Upheld Obamacare but Dissented on Gay Marriage: He sides with liberals one day, conservatives the next; What gives?" Paul Barrett of Bloomberg News has this essay.
Posted at 09:58 AM by Howard Bashman


"Kennedy emerges as judicial champion of gay rights": Robert Barnes of The Washington Post has this report.

And The Hill has an article headlined "Kennedy: The gay marriage justice."
Posted at 09:52 AM by Howard Bashman



"Big business on winning side in U.S. top court's major rulings": Lawrence Hurley of Reuters has this report.
Posted at 09:48 AM by Howard Bashman


"Angering Conservatives and Liberals, Chief Justice John Roberts Defends Steady Restraint": Adam Liptak has this article in today's edition of The New York Times.
Posted at 09:40 AM by Howard Bashman


Friday, June 26, 2015

"Supreme Court justices stop playing nice: As the Roberts court leans left, growing acrimony from Scalia and Alito." Josh Gerstein of Politico.com has this report.
Posted at 09:12 PM by Howard Bashman


"Lieff: Professional objectors are a scourge but settling isn't unethical." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a report today that begins, "On Friday, the 7th U.S. Circuit Court of Appeals ended a drama that has roiled the class action bar this month."
Posted at 08:27 PM by Howard Bashman


"Legal battles remain on U.S. gay rights despite momentous ruling": Joan Biskupic of Reuters has this report.
Posted at 08:24 PM by Howard Bashman


"Gay Marriage Shows Court at Its Best": Law professor Cass R. Sunstein has this essay online today at Bloomberg View.
Posted at 08:15 PM by Howard Bashman


"A 'view' from the Courtroom: A marriage celebration." Mark Walsh has this post today at "SCOTUSblog."
Posted at 08:12 PM by Howard Bashman


"A Gay-Rights Decision for the Ages": Law professor Noah Feldman has this essay online at Bloomberg View today, along with an essay titled "Scalia's View Prevails in Gun-Crimes Case."
Posted at 04:57 PM by Howard Bashman


"Despite This Week's Victories, Obama Has Struggled At The Supreme Court": Oliver Roeder has this post at FiveThirtyEight.
Posted at 04:54 PM by Howard Bashman


"Anthony Kennedy pivots left -- for now": Ariane de Vogue of CNN.com has this report.
Posted at 04:52 PM by Howard Bashman


"Justices' pointed dissents to gay marriage ruling show unusual discord": Brad Heath of USA Today has this report.
Posted at 02:16 PM by Howard Bashman


"Eyebrow Threading Regulations to Go Before High Court": The Texas Tribune had this article back in February 2014.

Today, the Supreme Court of Texas issued its 6-to-3 ruling in the case, consisting of a majority opinion, a concurring opinion, an opinion concurring in the judgment, and two dissenting opinions (here and here).
Posted at 01:20 PM by Howard Bashman



"U.S. top court rules for white supremacist over sentencing": Lawrence Hurley of Reuters has this report.
Posted at 01:06 PM by Howard Bashman


"Gay marriages begin in Nashville after Supreme Court ruling": The Tennessean has this report.

The Lexington Herald-Leader has an article headlined "Beshear: With Supreme Court ruling, same-sex couples free to marry 'beginning today.'"

The Louisville Courier-Journal reports that "Ky. moves quickly to adopt gay marriage ruling."

The Detroit News has an article headlined "Mich. couple 'never thought this day was going to come.'"

And The Detroit Free Press has an article headlined "Michigan couple: 'I guess we'll have to plan a wedding.'"
Posted at 01:00 PM by Howard Bashman



"Eyes turn to Roy Moore after same-sex marriage ruling": Brian Lyman of The Montgomery Advertiser has a report that begins, "The Supreme Court's decision Friday to uphold same-sex marriage nationwide left one critical question in Alabama: What does Chief Justice Roy Moore think?"

And Charles J. Dean of The Birmingham News reports that "Alabama Gov. Bentley says state must obey law following gay marriage ruling."
Posted at 12:50 PM by Howard Bashman



"Gay Marriage Backers Win Supreme Court Victory": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court rules gay couples nationwide have a right to marry."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court 'thunderbolt' clears way for same-sex marriage nationwide."

Jess Bravin and Brent Kendall of The Wall Street Journal report that "Supreme Court Rules Gay Marriage Is a Nationwide Right; In 5-4 decision, justices say Constitution guarantees marriage equality to gay and lesbian couples."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court rules in favor of same-sex marriage."

Cheryl Wetzstein of The Washington Times reports that "Gay marriage legalized nationwide in 5-4 Supreme Court vote, Scalia seethes."

Lawrence Hurley of Reuters reports that "Supreme Court's landmark ruling legalizes gay marriage nationwide."

Greg Stohr of Bloomberg News reports that "Gay Marriage Legalized by Top U.S. Court in Landmark Ruling."

Ariane de Vogue and Jeremy Diamond of CNN.com report that "Supreme Court rules in favor of same-sex marriage nationwide."

Josh Gerstein of Politico.com reports that "Supreme Court backs gay marriage; The landmark, 5-4 decision was authored by Justice Anthony Kennedy."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: Marriage now open to same-sex couples."
Posted at 12:34 PM by Howard Bashman



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

1. Justice Anthony M. Kennedy delivered the opinion of the Court in Obergefell v. Hodges, No. 14-556. Chief Justice John G. Roberts, Jr. delivered a dissenting opinion, in which Justices Antonin Scalia and Clarence Thomas joined. Justice Scalia also issued a dissenting opinion, in which Justice Thomas joined. Justice Thomas also issued a dissenting opinion, in which Justice Scalia joined. And Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Justices Scalia and Thomas joined. You can access the oral argument (in two parts) here and here.

2. And Justice Scalia delivered the opinion of the Court in Johnson v. United States, No. 13-7120. Justice Kennedy issued an opinion concurring in the judgment. Justice Thomas issued an opinion concurring in the judgment. And Justice Alito issued a dissenting opinion. You can access the oral arguments here (original argument) and here (on reargument).

In early news coverage, The Associated Press reports that "Supreme Court extends same-sex marriage nationwide" and "High court strikes down 'vague' part of career criminal law."

And Richard Wolf of USA Today reports that "Supreme Court strikes down bans on same-sex marriage."
Posted at 10:04 AM by Howard Bashman



"Scalia v. Spider-Man": Amy Davidson had this post online Wednesday at The New Yorker.
Posted at 09:50 AM by Howard Bashman


"Maybe Justice Thomas Should Take Leave from the Court to Prosecute Capital Cases?" Andrew Cohen has this essay online at the Brennan Center for Justice.
Posted at 09:48 AM by Howard Bashman


Third Circuit vacates dismissal of Lamictal pay-for-delay suit: You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.

Law360.com provides insight into the background of the dispute in an article (subscription required for full access) that begins, "Drug purchasers challenging a no-authorized-generic settlement between GlaxoSmithKline PLC and Teva Pharmaceutical Industries ltd. told the Third Circuit on Friday that the U.S. Supreme Court's recent pay-for-delay ruling didn't create a new safe haven for some kinds of pharmaceutical patent settlements."
Posted at 09:44 AM by Howard Bashman



"Chief Justice John Roberts Charts Own Path, Frustrating Right Again; Move prompts anger from GOP lawmakers who say John Roberts has drifted from conservative principles": Brent Kendall of The Wall Street Journal has this report.
Posted at 08:44 AM by Howard Bashman


"Strategic Retirements, Anthony Kennedy Edition": Mark Tushnet has this post at "Balkinization."
Posted at 08:42 AM by Howard Bashman


"What do Joseph Goebbels, Paul Krugman and Antonin Scalia have in common?" Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the umpire" blog.
Posted at 08:40 AM by Howard Bashman


Credit where due: The U.S. Supreme Court is posting its opinions online faster than ever. Yesterday, only seconds after the "SCOTUSblog" live blog informed readers that the U.S. Supreme Court's second opinion of the day issued in King v. Burwell, No. 14-114, the Court posted a PDF of that ruling online at its web site. This is a vast improvement over the Court's past performance, for which the Court deserves credit.

Perhaps in 2016, the "running of the interns" can finally be replaced by the "refreshing of the Court's home and new opinions web pages."
Posted at 08:34 AM by Howard Bashman



"The Roberts Court's Reality Check": Linda Greenhouse has this op-ed in today's edition of The New York Times.

Online at The Boston Globe, law professor Laurence H. Tribe has an essay titled "Supreme Court's Obamacare decision is a victory for all of us."

And today at "The Volokh Conspiracy," Orin Kerr has a post titled "John Roberts in 2005: The ultimate goal of interpreting a statute is 'to figure out what Congress intended.'"
Posted at 08:25 AM by Howard Bashman



"Verrilli Takes Victory Lap in Obamacare, Housing Cases": Kenneth Jost had this post yesterday at his blog. "Jost on Justice."
Posted at 08:17 AM by Howard Bashman


Thursday, June 25, 2015

"What Is The Supreme Court Doing Behind The Scenes?" This audio segment featuring Nina Totenberg appeared on yesterday's broadcast of NPR's "Here & Now."
Posted at 11:38 PM by Howard Bashman


"When does spanking go too far? Mass. high court weighs in; Outlines legal rules on corporal punishment." Peter Schworm of The Boston Globe has an article that begins, "The state's highest court on Thursday expressly ruled for the first time that parents may not be held criminally liable for the use of 'reasonable' force in disciplining their children, saying the punishment 'remains firmly woven into our nation's social fabric.'"

And The Associated Press reports that "Massachusetts court offers guidelines on spanking."

You can access today's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 11:32 PM by Howard Bashman



"Why Supreme Court Interns Still Sprint to Deliver News": Julia Greenberg of Wired has this report.
Posted at 11:14 PM by Howard Bashman


"Law and Symbolism at the Supreme Court": Linda Greenhouse has this essay online at The New York Times.
Posted at 10:02 PM by Howard Bashman


"Barack Obama's Unexpected Best Friend: Chief Justice John Roberts; The president owes a big part of his legislative legacy to a justice he voted against." Margaret Talev and Greg Stohr of Bloomberg News have this report.
Posted at 09:50 PM by Howard Bashman


"Three years on, U.S. Chief Justice Roberts rescues Obamacare again": Joan Biskupic of Reuters has this report.
Posted at 09:48 PM by Howard Bashman


"Legacies of Obama presidency and Roberts court are forever intertwined": Juliet Eilperin and Robert Barnes of The Washington Post have this report.

Ariane de Vogue of CNN.com has a report headlined "4 things we learned about John Roberts."

And Brad Heath of USA Today reports that "More legal challenges ahead for Obamacare."
Posted at 09:44 PM by Howard Bashman



"Roberts rewrites Obamacare, again": Law professor Josh Blackman has this essay online at USA Today.
Posted at 09:40 PM by Howard Bashman


"Kings and Queens and Financial Disclosure Reports": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the umpire" blog.
Posted at 07:45 PM by Howard Bashman


"Justice Scalia's King v Burwell Dissent Degrades His Textualist 'Brand'": Michael Dorf has this post today at "Dorf on Law."
Posted at 07:43 PM by Howard Bashman


"John Roberts Calls a Strike: The chief justice's opinion upholding Obamacare aims to fulfill his promise to serve as an impartial umpire." Law professor Garrett Epps has this essay online at The Atlantic.

Online at Bloomberg View, law professor Noah Feldman has an essay titled "Congress's Sloppiness Saves Obamacare."

Also at Bloomberg View, law professor Cass R. Sunstein has an essay titled "The Catch in the Obamacare Opinion."

And online at The New Yorker, Jeffrey Toobin has a post titled "Doom for a Cynical Assault on Obamacare," while Amy Davidson has a post titled "Obamacare Survives the Scalia Treatment."
Posted at 07:32 PM by Howard Bashman



"The Ted Frank interview: 'I was doing it for the greater good.'" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 06:20 PM by Howard Bashman


"More challenges to Obama healthcare law percolating": Reuters has this report, along with an article headlined "Republicans to fight Obamacare through election campaign despite ruling."
Posted at 06:17 PM by Howard Bashman


"Same-sex marriage among last 5 Supreme Court cases": The Associated Press has this report.
Posted at 06:14 PM by Howard Bashman


"Shawnee County judge grants injunction blocking Kansas abortion ban bill from becoming law; Judge Larry Hendricks cites Section One of Kansas Constitution": The Topeka Capital-Journal has a news update that begins, "A Shawnee County district court judge granted a temporary injunction Thursday blocking a Kansas Senate bill from taking effect that would forbid dilation and evacuation abortions in the state of Kansas."

And The Associated Press reports that "Judge blocks Kansas' ban on 2nd-trimester abortion procedure."
Posted at 06:14 PM by Howard Bashman



"Marathon bomber likely headed to death row in Terre Haute": The Associated Press has this report.
Posted at 06:04 PM by Howard Bashman


"A 'view' from the Courtroom: Barbs and backslaps in two big cases." Mark Walsh has this post at "SCOTUSblog."
Posted at 04:44 PM by Howard Bashman


"Lawyers mine health care ruling for Clean Power Plan clues": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:56 PM by Howard Bashman


"In King v. Burwell, Chief Justice Roberts rewrites the PPACA in order to save it (again)": Jonathan H. Adler has this post at "The Volokh Conspiracy."
Posted at 03:50 PM by Howard Bashman


"Unanswered Health Law Question: So Why Was It Written that Way? Words 'established by the State' formed the basis of the unsuccessful Supreme Court challenge." Jess Bravin of The Wall Street Journal has this report.
Posted at 03:44 PM by Howard Bashman


"Hatch praises Roberts as 'remarkable judge'": The Hill has this blog post today.
Posted at 03:34 PM by Howard Bashman


"Conservatives steamed at Chief Justice Roberts' betrayal; They begrudgingly gave him a pass for the first Obamacare ruling; Not this time": Josh Gerstein of Politico.com has this report.
Posted at 03:03 PM by Howard Bashman


"Supreme Court Allows Nationwide Health Care Subsidies": Adam Liptak of The New York Times has this news update. And Michael D. Shear has a news analysis headlined "Obama Gains Vindication and Secures Legacy With Health Care Ruling."

Robert Barnes of The Washington Post has a news update headlined "Affordable Care Act survives Supreme Court challenge."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court upholds Obamacare subsidies, a victory for the president." And Noam M. Levey has a news analysis headlined "Obamacare appears to be about as established as a law can be in divided U.S."

Brent Kendall and Louise Radnofsky of The Wall Street Journal report that "Supreme Court Upholds Obama's Health-Law Subsidies; Justices backs foundation of Affordable Care Act."

Michael Doyle and Tony Pugh of McClatchy Washington Bureau report that "Supreme Court upholds health care subsidies."

Tom Howell Jr. of The Washington Times reports that "Obama wins: Supreme Court upholds Obamacare subsidies, 6-3." And Stephen Dinan of The Washington Times reports that "Roberts saves Obamacare for 2nd time; Scalia chides: 'Words have no meaning.'"

Lawrence Hurley of Reuters reports that "U.S. top court backs Obamacare, president says it's here to stay."

Greg Stohr of Bloomberg News reports that "Supreme Court Rules 6-3 to Save Obamacare Tax Subsidies."

Ariane de Vogue and Jeremy Diamond of CNN.com report that "Supreme Court saves Obamacare."

Jennifer Haberkorn and Josh Gerstein of Politico.com report that "High court rules for White House in Obamacare subsidies case; The ruling marks the second major win for the Affordable Care Act before the Supreme Court."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: Saving the subsidies, saving the health care law."
Posted at 01:42 PM by Howard Bashman



"Justices Back Broad Interpretation of Housing Law": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court upholds tool in fighting housing discrimination."

David G. Savage and Timothy M. Phelps of The Los Angeles Times have a news update headlined "Supreme Court upholds far-reaching racial discrimination rules for housing."

Jess Bravin and Robbie Whelan of The Wall Street Journal report that "Supreme Court Upholds Tool for Fighting Housing Bias; Outcome means fair-housing lawsuits can proceed without proof of intentional discrimination."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court opens door to housing discrimination lawsuits."

Michael Lindenberger of The Dallas Morning News has a blog post titled "Dallas group wins its Supreme Court case against Texas housing; civil rights leaders relieved."

Lawrence Hurley of Reuters reports that "Supreme Court upholds broad discrimination claims under housing law."

Greg Stohr and David McLaughlin of Bloomberg News report that "Supreme Court Backs Housing Discrimination Lawsuits."

Ariane de Vogue of CNN.com reports that "Court upholds key tool to combat housing discrimination."

And Jon Prior of Politico.com reports that "SCOTUS upholds Obama legal tactic in fair housing cases."
Posted at 01:03 PM by Howard Bashman



"King v. Burwell and ideological independence": Eric Posner has this blog post today.
Posted at 11:56 AM by Howard Bashman


"The federalism dog that didn't bark -- Court's ruling in King v. Burwell avoids relying on dubious federalism arguments": Ilya Somin has this post at "The Volokh Conspiracy."

And at the "Cato at Liberty" blog, Michael F. Cannon has a post titled "Supreme Court Validates Obama's Power Grab" that begins, "Today the Supreme Court allowed itself to be intimidated."
Posted at 11:24 AM by Howard Bashman



"The U.S. Supreme Court's Cultivation of Corporate Personhood: The liberal justices expanded the rights of corporations, without considering the limits of that doctrine." Law professors Kent Greenfield and Adam Winkler have this essay online at The Atlantic.
Posted at 10:56 AM by Howard Bashman


"Pa. law that allowed gun rights groups to sue cities is unconstitutional, Commonwealth Court rules": Christine Vendel of The Patriot-News of Harrisburg, Pennsylvania has this update.

Karen Langley of The Pittsburgh Post-Gazette has a news update headlined "Court strikes down law allowing challenges to municipal gun ordinances."

Adam Brandolph of The Pittsburgh Tribune-Review has a news update headlined "Commonwealth Court declares state gun law unconstitutional."

Steve Esack of The Morning Call of Allentown, Pennsylvania has a news update headlined "Court: Law allowing NRA to sue cities like Allentown with tougher gun laws illegal."

And The Philadelphia Inquirer has a news update headlined "Pro NRA Pa. law is unconstitutional, court rules."

You can access today's ruling of a seven-judge en banc panel of the Commonwealth Court of Pennsylvania at this link.
Posted at 10:48 AM by Howard Bashman



"Has the Supreme Court really moved leftward this term?" Jonathan H. Adler has this post today at "The Volokh Conspiracy."
Posted at 10:24 AM by Howard Bashman


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

1. Justice Anthony M. Kennedy delivered the opinion of the Court in Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc., No. 13-1371. Justice Clarence Thomas issued a dissenting opinion. And Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. and Justices Antonin Scalia and Thomas joined. You can access the oral argument via this link.

2. And Chief Justice Roberts delivered the opinion of the Court in King v. Burwell, No. 14-114. Justice Scalia issued a dissenting opinion, in which Justices Thomas and Alito joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Supreme Court upholds nationwide health care law subsidies" and "Supreme Court upholds key tool for fighting housing bias."

And Richard Wolf of USA Today reports that "Supreme Court upholds health law subsidies" and "Supreme Court upholds housing discrimination law."
Posted at 10:04 AM by Howard Bashman



"Supreme Court Watchers Are Tired of This Redistricting Case; The small community of redistricting aficionados in Arizona and California have been rising with the sun in recent weeks expecting a Court decision that hasn't yet come": Jack Fitzpatrick of National Journal has this report.
Posted at 09:25 AM by Howard Bashman


"Could Obama end up on the Supreme Court after he retires from the White House?" Zev Chafets has this essay at FoxNews.com.
Posted at 08:09 AM by Howard Bashman


"Obama's Hardball Option to Save Obamacare: Republicans are hoping that a Supreme Court loss would force the president to make major concessions on his health care law, but that's not a guarantee." Dylan Scott of National Journal has this report.

Sahil Kapur of Bloomberg News reports that "Conservative Groups Bracing Republicans for Obamacare Ruling; Republicans leaning toward extending health care subsidies if the Supreme Court voids them are facing intense pressure from the Heritage Foundation and others."

And Manu Raju and Jennifer Haberkorn of Politico.com report that "Anti-Obamacare senator braces for court ruling; The Supreme Court may give Wisconsin Republican Ron Johnson more than he bargained for."
Posted at 08:04 AM by Howard Bashman



"Measuring the Success of Health Insurance Subsidies": Robert Pear and Margot Sanger-Katz of The New York Times have this report.
Posted at 08:00 AM by Howard Bashman


"The Fifth Circuit Joins the Growing Line of Courts Rejecting RFRA Arguments Against the Affordable Care Act's Contraceptive Accommodation for Religious Nonprofit Employers": Law professor Marci A. Hamilton has this essay online today at Justia.com's Verdict.
Posted at 07:58 AM by Howard Bashman


"Poll Finds Backing for Gay Marriage and a Split on Health Law; Journal/NBC poll results come out days before the Supreme Court is to rule on those two issues": Patrick O'Connor of The Wall Street Journal has this report. You can freely access the full text of the article via Google.
Posted at 07:55 AM by Howard Bashman


Wednesday, June 24, 2015

"Supreme Court Doesn't Need Spider-Man Reboot": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:54 PM by Howard Bashman


"Obama May Win by Losing in Quirk of Supreme Court EPA Review": Bloomberg News has this report.
Posted at 11:50 PM by Howard Bashman


"Anticipating high court's blessing, same-sex couples plan weddings": Richard Wolf of USA Today has this report.
Posted at 11:46 PM by Howard Bashman


"A Day In The Life Of Waiting For The Supreme Court Decision On Marriage Equality": Jennifer Bendery of The Huffington Post has this report today.
Posted at 11:40 PM by Howard Bashman


"Texas Abortion Curbs Go Into Effect Soon, Unless Supreme Court Acts": This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 11:38 PM by Howard Bashman


"Unsurprisingly, I concur in the foregoing opinion -- I am, after all, its author." So writes Circuit Judge Robert D. Sack, concurring today in his own opinion for a three-judge panel of the U.S. Court of Appeals for the Second Circuit.
Posted at 11:30 PM by Howard Bashman


"Appeals court overturns harsh 14-year prison sentence in laser strike case; 9th Circuit Court of Appeals: 'Section 39A is designed for knuckleheads like him.'" Cyrus Farivar of Ars Technica has this report.

And Courthouse News Service reports that "Calif. Laser Pointer Is no Bin Laden, Court Finds."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:18 PM by Howard Bashman



"5 weeks after filing, justices' finances still not public": Mark Sherman of The Associated Press has this report.
Posted at 09:04 PM by Howard Bashman


"Here Are the Six Major Rulings We'll Get From the Supreme Court This Week": Greg Stohr of Bloomberg News has this report.
Posted at 05:44 PM by Howard Bashman


"10th Circuit in Rocky Flats case: After 25 years, give plaintiffs justice." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.

My earlier coverage of yesterday's Tenth Circuit ruling appears at this link.
Posted at 05:42 PM by Howard Bashman



Access the first entry in this year's edition of Slate's "Supreme Court Breakfast Table": Walter Dellinger has a post titled "Conservative decisions on Obamacare subsidies and gay marriage would cleave the nation in two."
Posted at 03:00 PM by Howard Bashman


"Schools Fear Impact of Gay Marriage Ruling on Tax Status": Laurie Goodstein and Adam Liptak will have this article in Thursday's edition of The New York Times.
Posted at 02:58 PM by Howard Bashman


"Victims' families, survivors speak at Tsarnaev sentencing": Patricia Wen, Kevin Cullen, Milton J. Valencia, and John R. Ellement of The Boston Globe have a news update that begins, "Sharing profound pain and searing anger, relatives of those killed in the Boston Marathon bombing and survivors of the blast delivered emotional victim impact statements Wednesday at the federal court hearing in Boston in which Dzhokhar Tsarnaev will be formally sentenced to death."
Posted at 11:48 AM by Howard Bashman


"The Rabbit-Hole of 'Relevant'": In this upcoming Sunday's edition of The New York Times, Magazine, Mattathias Schwartz will have an essay that begins, "When a law has a name like 'Patriot' or 'Freedom,' it's a sign that you should read the fine print."
Posted at 11:46 AM by Howard Bashman


"FAN 65 (First Amendment News) Does Justice Thomas believe in a race-hate exception to the First Amendment?" Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 11:42 AM by Howard Bashman


"Tom Stagg, top area U.S. judge, dies": The Shreveport Times has this report.
Posted at 11:40 AM by Howard Bashman


"Reshaping the Supreme Court, our most disruptive branch of government": Rachel Maddow has this essay online at The Washington Post.
Posted at 11:33 AM by Howard Bashman


"Gov. Hickenlooper appoints Richard Gabriel to Colorado Supreme Court": The Denver Post has this report.
Posted at 10:38 AM by Howard Bashman


"The Anti-Plaintiff Pending Amendments to the Federal Rules of Civil Procedure and the Pro-Defendant Composition of the Federal Rulemaking Committees": Law professor Patricia W. Hatamyar Moore has posted this article online at SSRN (via "Civil Procedure & Federal Courts Blog").
Posted at 10:15 AM by Howard Bashman


"Dear Tony," Senior U.S. District Judge Richard G. Kopf had this post Monday at his "Hercules and the umpire" blog.
Posted at 10:10 AM by Howard Bashman


"Eight Is Enough (Justices That Is): Let the Court Unpack Itself." Yesterday at National Review's "Bench Memos" blog, Michael Stokes Paulsen had a post that begins, "Brace yourself. When Justice Ruth Bader Ginsburg retires from the Supreme Court this summer, it will set off a frenzy of Supreme contention: Who will President Obama nominate to replace Ginsburg?"
Posted at 10:06 AM by Howard Bashman


"Texas religious schools lose appeals court battle over 'objectionable' emergency contraception": Allan Turner of The Houston Chronicle has this report. You can freely access the full text of the article via Google.

The Associated Press reports that "5th Circuit panel rejects challenge to birth control mandate."

And at National Review's "Bench Memos" blog, Matthew J. Franck has a post titled "Fifth Circuit Taken in by HHS Peek-a-Boo."

My earlier coverage of Monday's Fifth Circuit ruling appears at this link.
Posted at 10:00 AM by Howard Bashman



"Dispute over union fees could return to Supreme Court": Sam Hananel of The Associated Press has this report.
Posted at 09:54 AM by Howard Bashman


"Governors Seek to Curb Confederate Flag License Plates; Moves follow Charleston mass killing, Supreme Court ruling": Jess Bravin of The Wall Street Journal has this report.
Posted at 09:50 AM by Howard Bashman


"I find myself increasingly uncomfortable with basing dismissals with prejudice on harmless procedural bobbles." Yesterday, Seventh Circuit Judge Richard A. Posner issued a dissenting opinion that concludes:
The only argument in favor of such summary justice that I can imagine is that by punishing parties for their lawyers' mistake we improve the quality of the bar; the lawyers who disserve their clients attract fewer new clients and eventually perhaps are forced to leave the practice -- an example of the positive effect of competition on the quality of goods and services that a market provides. But while this is plausible in theory, I have to say that in more than 33 years as a federal court of appeals judge I have not noted any improvement in the average quality of the lawyers who appear before us. I find it difficult to believe that punishing Balagiannis and his lawyer by in effect a "fine" of $925,000 will promote the quality of legal representation in the courts of this circuit.
You can access yesterday's complete Seventh Circuit ruling in the case at this link.
Posted at 08:32 AM by Howard Bashman


Tuesday, June 23, 2015

"U.S. appeals court backs claim under state law in Rocky Flats saga": Reuters has this report.

And Law360.com reports that "10th Circ. Favors Class In $1B Plutonium Dispute" (subscription required for full access).

Circuit Judge Neil M. Gorsuch wrote the majority opinion on behalf of a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit.
Posted at 11:58 PM by Howard Bashman



"Pressing the ACA birth-control issue": Lyle Denniston has this post at "SCOTUSblog."
Posted at 11:50 PM by Howard Bashman


"Decision anxiously awaited in Supreme Court housing case": Ariane de Vogue of CNN.com has this report.
Posted at 11:48 PM by Howard Bashman


Jeffrey R. Howard is now the chief judge of the U.S. Court of Appeals for the First Circuit: As noted here and here.
Posted at 11:28 PM by Howard Bashman


"Copyright Dispute Over Paparazzi Photos Gathers Heat at Appeals Court; The MPAA and Kickstarter are among those duking it out at the 9th Circuit over the implications of website content moderators": Eriq Gardner has this post today at the "THR, Esq." blog of The Hollywood Reporter.
Posted at 10:45 PM by Howard Bashman


"The D.C. Circuit's Thoroughly Convincing Decision in al-Nashiri": Steve Vladeck has this post at the "Lawfare" blog about a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 04:05 PM by Howard Bashman


"Court revives challenge to ban on gun sales to Americans visiting from abroad": Lawrence Hurley of Reuters has this report.

And The Associated Press reports that "Appeals court says US citizen abroad can challenge gun ban."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link. Each of the three judges on the panel issued an opinion.
Posted at 03:35 PM by Howard Bashman



"New London homeowners won public support, but constitutional argument did not save properties": The Day of New London, Connecticut has this report.
Posted at 01:40 PM by Howard Bashman


"Casey and the Clinic Closings": Linda Greenhouse and Reva Siegel have this guest post today at "Balkinization."
Posted at 01:36 PM by Howard Bashman


"Obama's Legacy Is at Stake in Supreme Court's Health Care Ruling": Michael D. Shear of The New York Times has this news update.
Posted at 01:30 PM by Howard Bashman


"Court ruling against gay marriage could cause legal 'chaos'": Mark Sherman of The Associated Press has this report.

And online at Slate, Nathaniel Frank has an essay titled "Why the Last Defense of Same-Sex Marriage Bans Fails."
Posted at 10:50 AM by Howard Bashman



"Court orders feds to find and return deported mother and daughter from Guatemala": Franco Ordonez of McClatchy Washington Bureau has this report on a single-judge order that the U.S. Court of Appeals for the Third Circuit issued last Friday.

The order states, in full:

The Court would have granted Petitioners a stay of removal, but was informed that Petitioners were removed earlier today. The government is hereby ordered to use its best efforts to intercept Petitioners when they land tonight in Guatemala City and to return Petitioners to the United States immediately. If the government is unable to intercept Petitioners at the airport, they must locate Petitioners in Guatemala and return them to the United States as quickly as possible. Upon their return, Petitioners are granted a stay of removal pending disposition of their petition for review. If, upon contact, Petitioners inform the government that they do not want to return to the United States, the government shall secure a written memorialization to that effect -- even if that writing is in Spanish.
Third Circuit Chief Judge Theodore A. McKee signed the order.
Posted at 10:42 AM by Howard Bashman


"Supreme Court Sides With Raisin Farmers in Property Rights Case": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "High court rules on web-shooters and raisins, waits on more weighty cases."

In today's edition of The Los Angeles Times, David G. Savage has an article headlined "High court rules against raisin board in dispute over setting aside crops to prop up prices."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Strikes Down New Deal-Era Raisin Price-Support Program; Court: forcing raisin handlers to surrender some crops violates Constitution."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court decision on federal raisin rules likely to reshape industry."

Warren Richey of The Christian Science Monitor reports that "Supreme Court raisin case a 'great victory' for property rights."

Stephen Dinan of The Washington Times reports that "Justices rule federal government can't seize California raisin crops to prop up prices."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court rules government must compensate farmers over raisin program."

Greg Stohr of Bloomberg News reports that "Federal Raisin-Reserve Program Undercut by U.S. High Court."

Yesterday evening's broadcast of the PBS NewsHour contained a video segment titled "Rulings on raisins and hotel registries favor individual rights" featuring Marcia Coyle.

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "This California Raisin Grower Just Got His Day In The Sun."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: Is the New Deal in new trouble?"
Posted at 10:32 AM by Howard Bashman



"Justices Rule Police Must Obtain Warrant to Search Hotel or Motel Registries": Adam Liptak has this article in today's edition of The New York Times.

David G. Savage of The Los Angeles Times reports that "High court strikes down L.A. law on motel, hotel registry inspections."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Strikes Down Los Angeles Law on Police Access to Hotel Registers; Justices say without chance to challenge searches, officers could abuse their power."

Bob Egelko of The San Francisco Chronicle reports that "U.S. Supreme Court sides with innkeepers on right to privacy."

Warren Richey of The Christian Science Monitor reports that "Supreme Court sides with privacy rights in Los Angeles hotel case."

Greg Stohr of Bloomberg News reports that "Hotel-Record Inspection Law Tossed Out by U.S. Supreme Court."

Lawrence Hurley of Reuters reports that "U.S. Supreme court throws out Los Angeles ordinance giving police access to hotel records."

Online at Slate, Dahlia Lithwick has a jurisprudence essay titled "Do Not Disturb: The Supreme Court rules that police can't simply force hotels to turn over your private information."

Online at Bloomberg View, law professor Noah Feldman has an essay titled "A Film Noir Trope Is Now Unconstitutional."

And at the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Constitution Check: Did hotel or motel guests just gain more privacy?"
Posted at 10:22 AM by Howard Bashman



"Justice Sotomayor Hides Good News For Abortion Clinics In An Obscure Case About Hotels": Ian Millhiser has this post at ThinkProgres.
Posted at 10:12 AM by Howard Bashman


"Important cases still pending before the Supreme Court (and the decisions so far)": David G. Savage of The Los Angeles Times has this report.
Posted at 10:05 AM by Howard Bashman


"Supreme Court rules in favor of inmate with excessive force claim": Adam B. Lerner of Politico.com has this report.

And online at Slate, Mark Joseph Stern has a jurisprudence essay titled "After Freddie Gray: The Kingsley decision creates a crucial new constitutional protection against police abuse."
Posted at 10:02 AM by Howard Bashman



"Examining Race-Based Admissions Bans On Medical Schools": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:56 AM by Howard Bashman


"The Roberts Court's Surprising Move Leftward: This term so far shows potential for a greater percentage of liberal decisions than any since 1969." "The Upshot" blog has this post in today's edition of The New York Times.
Posted at 09:50 AM by Howard Bashman


"Supreme Court's Ruling on the Affordable Care Act: What to Expect." Joe Palazzolo had this post yesterday at WSJ.com's "Law Blog."
Posted at 09:44 AM by Howard Bashman


Monday, June 22, 2015

"In Spider-Man Toy Patent Case, Supreme Court Stands by Past Decision": Adam Liptak will have this article in Tuesday's edition of The New York Times.

Howard Fischer of The Arizona Daily Star reports that "Tucson Spider-Man web blaster inventor loses to Marvel."

Lawrence Hurley of Reuters reports that "U.S. top court backs Marvel in Spider-Man toy dispute."

At WSJ.com's "Law Blog," Brent Kendall has a post titled "Supreme Court Sticks to Precedent in Spider-Man Toy Case."

Adam B. Lerner of Politico.com reports that "Elena Kagan brings her Spidey sensibility to Supreme Court ruling."

Cronkite News reports that "Even superheroes have limits: Court turns down Spider-Man toy inventor."

Joe Mullin of Ars Technica reports that "In Spider-Man toy case, Supreme Court bars payments for expired patents; If it ain't broke, don't fix it."

Ted Johnson of Variety reports that "Marvel Wins Supreme Court Dispute Over Spider-Man Toy."

At the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Marvel Wins Supreme Court Victory Over Spider-Man Toy; The high court decides to stick to a half century old rule that forbids patent holders from collecting royalties after the expiration date of the patent."

Online at Vanity Fair, Tina Nguyen has a report headlined "Elena Kagan Wrote the Most Pro-Spider-Man Ruling in SCOTUS History; She does whatever a Kagan can."

Online at Slate, Mark Joseph Stern has a post titled "Kagan Cites Spider-Man in Hilarious Supreme Court Decision."

Paige Lavender of The Huffington Post reports that "Elena Kagan Fills Kimble v. Marvel Opinion With Spider-Man Easter Eggs."

At the "Reliable Source" blog of The Washington Post, Emily Heil has an entry titled "Look out RBG: Elena Kagan might be pop culture's new favorite justice."

Frank Pallotta of CNN Money reports that "Justice Kagan weaves web of puns in Spider-Man patent case; With great patent cases, come great Supreme Court puns."

At msnbc.com, Steve Benen reports that "Justice Kagan's nerd credibility soars."

And at "Patently-O," Jason Rantanen has a post titled "Supreme Court Declines to Overrule Brulotte."
Posted at 09:42 PM by Howard Bashman



"Supreme Court Denies Bernie Madoff Trustee Appeal in Clawback Case; Court won't consider a bid to claw back money from investors who profited from Ponzi scheme": Brent Kendall of The Wall Street Journal has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on veterans' rights in business."
Posted at 08:35 PM by Howard Bashman



"Exposing class action objectors: Lieff Cabraser, Ted Frank in 'lurid' dispute." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 08:14 PM by Howard Bashman


"Justices Put Check on Police in Ferguson Era": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 08:00 PM by Howard Bashman


"Federal Court Vehemently Rejects Latest Challenge to the Obamacare Contraceptive Mandate": Mark Joseph Stern has this report online at Slate about a ruling that the U.S. Court of Appeals for the Fifth Circuit issued today. Circuit Judge Jerry E. Smith wrote the opinion on behalf of a unanimous three-judge panel.
Posted at 07:45 PM by Howard Bashman


"A 'view' from the Courtroom: A web of intrigue as the Term winds down." Mark Walsh has this post today at "SCOTUSblog."
Posted at 06:12 PM by Howard Bashman


"Stories of love, life, death in high court gay marriage case": Mark Sherman of The Associated Press has this report.
Posted at 05:30 PM by Howard Bashman


"At U.S. top court, when justices take the bench, it's story hour": Joan Biskupic of Reuters has this report today.
Posted at 05:14 PM by Howard Bashman


"The Supreme Court and the Art of Saving the Best Opinions For Last": Brent Kendall has this post today at WSJ.com's "Washington Wire" blog.
Posted at 01:38 PM by Howard Bashman


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

1. Justice Elena Kagan delivered the opinion of the Court in Kimble v. Marvel Enterprises, Inc., No. 13-720. Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. and Justice Clarence Thomas joined. You can access the oral argument via this link.

2. Justice Sonia Sotomayor delivered the opinion of the Court in Los Angeles v. Patel, No. 13-1175. Justice Antonin Scalia issued a dissenting opinion, in which Chief Justice Roberts and Justice Thomas joined. And Justice Alito issued a dissenting opinion, in which Justice Thomas joined. You can access the oral argument via this link.

3. Justice Stephen G. Breyer delivered the opinion of the Court in Kingsley v. Hendrickson, No. 14-6368. Justice Scalia issued a dissenting opinion, in which Chief Justice Roberts and Justice Thomas joined. And Justice Alito issued a dissenting opinion. You can access the oral argument via this link.

4. And Chief Justice Roberts delivered the opinion of the Court in Horne v. Department of Agriculture, No. 14-275. Justice Thomas issued a concurring opinion. Justice Breyer issued an opinion concurring in part and dissenting in part, in which Justices Ruth Bader Ginsburg and Kagan joined. And Justice Sotomayor issued a dissenting opinion. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "High court strikes down raisin program as unconstitutional"; "High court voids routine police check of hotel registries"; and "High court rules against Spider-Man toy inventor."

And Richard Wolf of USA Today reports that "Supreme Court strikes down federal raisin program as unconstitutional"; "Justices block police searches of hotel registries"; and "Supreme Court cuts the string on Spider-Man toy inventor's patent."
Posted at 10:06 AM by Howard Bashman



"BFFs Ruth Bader Ginsburg and Antonin Scalia agree to disagree": David G. Savage of The Los Angeles Times has this report.
Posted at 09:55 AM by Howard Bashman


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

And in Carlton v. United States, No. 14-8740, Justice Sonia Sotomayor issued a statement, in which Justice Stephen G. Breyer joined, respecting the denial of certiorari.

In early news coverage, The Associated Press reports that "High court to hear dispute over gov't contracts to veterans"; "High court won't hear Ford appeal of tax overpayment"; "Court won't hear appeal on recovery for Madoff victims"; and "High court rejects appeal from general denied promotion."

And Lawrence Hurley of Reuters reports that "Supreme Court turns down Ford in $470 million tax dispute"; "Supreme Court rejects Madoff trustee's appeal over $4 billion recovery"; and "U.S. Supreme Court rejects Google patent appeal over Street View."
Posted at 09:32 AM by Howard Bashman



"The Destruction of Defendants' Rights": Lincoln Caplan has this post online at The New Yorker.
Posted at 09:08 AM by Howard Bashman


"Some central Ohio clergy are eager to marry gay couples": The Columbus Dispatch has this report.
Posted at 08:05 AM by Howard Bashman


Sunday, June 21, 2015

"U.S. Supreme Court on brink of deciding gay marriage question": Howard Mintz of The San Jose Mercury News has this report.

Todd Spangler of The Detroit Free Press reports that "Same-sex ruling will trigger next round of fights."

Jessica Parks of The Philadelphia Inquirer has an article headlined "Supreme Court on gay marriage: A foregone conclusion?"

Markus Schmidt of The Richmond Times-Dispatch has an article headlined "Gay marriage: A look at key questions ahead of ruling."

The Cincinnati Enquirer has an articles headlined "Obergefell's routine: 'Sitting there being nervous'" and "Small-town Indiana judge and gay marriage? No problem."

Greg Stohr of Bloomberg News has an article headlined "Turmoil Only Sure Thing If Supreme Court Rejects Gay Marriage: Questions could be raised about tens of thousands of unions across the country, and more legal fights would likely follow."

And Chris Geidner of BuzzFeed has an article headlined "The 2005 Decision To Go Forward With The Fight For Marriage Equality."
Posted at 11:50 PM by Howard Bashman



"Partisan agreement in the supreme court": Eric Posner has this blog post today, in addition to a blog post titled "Cross-party agreement in the supreme court."
Posted at 11:42 PM by Howard Bashman


"Looking for change in all the wrong Supreme Court cases": John Blake of CNN.com has this report.
Posted at 11:40 PM by Howard Bashman


"Washington whipped into frenzy ahead of ObamaCare ruling": Sarah Ferris of The Hill has this report.

In Monday's edition of The Wall Street Journal, Stephanie Armour will have an article headlined "Insurers, Hospitals Brace for Affordable Care Act Ruling; Hospitals, doctors and consumers prepare for fallout if the Supreme Court strikes down subsidies that help 6.4 million Americans buy insurance." You can freely access the full text of the article via Google.

And The Kansas City Star reports that "With ACA ruling near, health insurance for millions hangs in the balance."
Posted at 11:33 PM by Howard Bashman



"Solitary Confinement: Cruel but Not Unusual." Kenneth Jost has this post today at his blog, "Jost on Justice."
Posted at 10:42 PM by Howard Bashman


"Appeals court affirms GNC, Rite Aid win on joint-supplement ads": Reuters has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued on Friday.
Posted at 10:34 PM by Howard Bashman


"Parsing the Clues Ahead of the Supreme Court's Same-Sex Marriage Decision": Cristian Farias has this post today at the "Daily Intelligencer" blog of New York magazine.
Posted at 09:00 PM by Howard Bashman


"Justice Anthony Kennedy Might Use a Conservative Principle to Save Obamacare; Here are the three most likely outcomes in the Supreme Court case": Simon Lazarus has this essay online today at The New Republic.
Posted at 08:56 PM by Howard Bashman


"Health Insurers Brace for Supreme Court Ruling": Reed Abelson will have this article in Monday's edition of The New York Times.

Also in Monday's edition of The New York Times, Abby Goodnough will have an article headlined "States Take Few Steps to Fill Gap if Supreme Court Blocks Health Subsidies."
Posted at 08:54 PM by Howard Bashman



"Kennedy's Gay-Rights Rulings Seen in His Sacramento Roots": Sheryl Gay Stolberg will have this article in Monday's edition of The New York Times.
Posted at 08:52 PM by Howard Bashman


"Why does President Obama criticize the Supreme Court so much?" Greg Jaffe of The Washington Post has an article that begins, "President Obama seemed to relish the chance to take yet another swipe at the Supreme Court justices who were deliberating a case that could determine the fate of his landmark health-care law."
Posted at 10:12 AM by Howard Bashman


"Texas abortion law teed up for Supreme Court review": Mark Sherman of The Associated Press has this report.
Posted at 10:09 AM by Howard Bashman


"The Supreme Court Is About to Decide the Fate of Housing Segregation; Any day now, the Justices could hand down a ruling on a case that asks whether states can keep their poorest residents concentrated in the worst neighborhoods": Alana Semuels has this essay online today at The Atlantic.
Posted at 10:08 AM by Howard Bashman


"Tensions build as Supreme Court readies blockbuster rulings": Lawrence Hurley of Reuters has this report.
Posted at 10:06 AM by Howard Bashman


Saturday, June 20, 2015

"Legal arguments that could sway Supreme Court on Affordable Care Act": David G. Savage and Noam N. Levey of The Los Angeles Times have this report.
Posted at 10:35 PM by Howard Bashman


"Justice Kennedy practically invites a challenge to solitary confinement": David G. Savage of The Los Angeles Times has this report.

And today's edition of The New York Times contains an editorial titled "Justice Kennedy on Solitary Confinement."
Posted at 10:32 PM by Howard Bashman



"Iowa Court Ruling Says Doctors Can Prescribe Abortion Drugs by Video": Abby Goodnough has this article in today's edition of The New York Times.

And Cheryl Wetzstein of The Washington Times reports that "Iowa court clears way for telemedicine abortions; OKs dispensing of pills after webcam talk with doctor."

My earlier coverage of yesterday's Iowa Supreme Court ruling appears at this link.
Posted at 10:30 PM by Howard Bashman



"Texas abortion case reaches the Court": Lyle Denniston has this post at "SCOTUSblog."
Posted at 11:57 AM by Howard Bashman


"Better Judgment": In tomorrow's edition of The New York Times Magazine, Emily Bazelon will have an article that begins, "Nearly 100 years ago, Oliver Wendell Holmes Jr. stood at an upright desk in his study, dipped a pen into an inkwell inherited from his father and wrote a Supreme Court opinion allowing the government to imprison people for speaking out against World War I."
Posted at 11:54 AM by Howard Bashman


Friday, June 19, 2015

"John Roberts: Restrained or not?" Adam B. Lerner of Politico.com has this report.
Posted at 08:54 PM by Howard Bashman


"You Will Be Assimilated: The same-sex marriage bait-and-switch." Jonathan V. Last has this cover story in the June 22, 2015 issue of The Weekly Standard.
Posted at 08:50 PM by Howard Bashman


"SCOTUSblog on camera: Jeffrey Rosen (Part five)." You can access the video of the interview -- the fifth of five parts -- via this link.
Posted at 08:40 PM by Howard Bashman


"20 Years in a Windowless Cell: Justice Kennedy finally figures out that solitary confinement is cruel and unusual." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 08:35 PM by Howard Bashman


"Empathy": Today at "Balkinization," Joseph Fishkin has a blog post that begins, "At the time of Justice Sotomayor's nomination, there was much controversy about President Obama's assertion that 'empathy' was an important quality to look for in a Supreme Court justice."
Posted at 08:26 PM by Howard Bashman


"The 2014 Term & the First Amendment -- Surprising twists & turns": Ronald Collins has this post today at "SCOTUSblog."
Posted at 08:22 PM by Howard Bashman


"Appeals court declines to delay ruling on Texas abortion law": Chuck Lindell of The Austin American-Statesman has this news update.

Brian M. Rosenthal of The Houston Chronicle has a news update headlined "Court declines to delay ruling that could close Texas abortion clinics."

The Texas Tribune reports that "5th Circuit Won't Halt New Texas Abortion Restrictions."

And Laurel Brubaker Calkins of Bloomberg News reports that "Texas Abortion Clinics Lose Bid to Remain Open Past July 1."

I have posted at this link the stay denial order that a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today.
Posted at 08:20 PM by Howard Bashman



"How Government Stifled Reason's Free Speech: Yes, the feds can compel magazines and websites to cough up user information about obviously non-threatening trolls, while barring them from even acknowledging it." Nick Gillespie and Matt Welch have this post today at Reason's "Hit & Run" blog.
Posted at 07:58 PM by Howard Bashman


"Ohio v. Clark: Some Initial Thoughts." Richard D. Friedman has this post today at "The Confrontation Blog."
Posted at 01:42 PM by Howard Bashman


"Bad News for Sign Laws": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 01:38 PM by Howard Bashman


"Court upholds gay divorce from Travis County": Chuck Lindell of The Austin American-Statesman has a news update that begins, "The Texas Supreme Court declined Friday to overturn a Travis County court ruling granting a divorce to two women who had married in Massachusetts."

The Houston Chronicle has a news update headlined "Texas Supreme Court upholds same-sex divorce."

The Dallas Morning News has a blog post titled "Texas Supreme Court upholds Austin judge's grant of divorce to two lesbians."

The Texas Tribune has a report headlined "Court: Texas AG Cannot Halt Same-Sex Couple's Divorce."

Reuters reports that "Texas Supreme Court allows same-sex divorce."

And The Associated Press reports that "Texas Supreme Court upholds divorce of same-sex couple."

Today's 5-to-3 ruling of the Supreme Court of Texas (with one justice not participating) consists of a majority opinion, a concurring opinion, and two dissenting opinions (here and here).
Posted at 01:36 PM by Howard Bashman



"Death Penalty Splits the Court": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 01:20 PM by Howard Bashman


"Appeals court lets Z Street lawsuit proceed against IRS": Michael Doyle of McClatchy Washington Bureau has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:15 PM by Howard Bashman


"Constitution Check: What power does the government have to control 'mobile billboards'?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Justices Give Officials More Say On Cars' Plates, Less On Roadside Signs."

Yesterday evening's broadcast of the PBS NewsHour contained a segment titled "Supreme Court renders decisions on First Amendment" featuring Marcia Coyle.

Online at The Atlantic, law professor Garrett Epps has an essay titled "Clarence Thomas Takes on a Symbol of White Supremacy: The justice casts the deciding vote on the U.S. Supreme Court, as it backs Texas's refusal to print a Confederate flag on its license plates."

And at the "Democracy in America" blog of The Economist, Steven Mazie has a post titled "Pick your poison: Free speech and licence plates."
Posted at 11:44 AM by Howard Bashman



"The Other Other Major Supreme Court Cases This Term: The gay marriage and Obamacare rulings aren't the only huge ones coming." Brianne Gorod has this jurisprudence essay online today at Slate.
Posted at 11:33 AM by Howard Bashman


"Judge's legacy explored in 'Walk With Me'": Melody Baetens of The Detroit News has an article that begins, "A federal judge in Detroit for more than 45 years, Damon J. Keith was honored Wednesday night at the Max M. Fisher Music Center with the premiere of a documentary on his life, 'Walk With Me: The Trials of Damon J. Keith.'"
Posted at 11:30 AM by Howard Bashman


"Why Chief Justice John Roberts Will Probably Save Obamacare: The latest health care case is a fight between big business and the tea party -- and Roberts usually sides with business." Stephanie Mencimer has this report online today at Mother Jones.
Posted at 11:27 AM by Howard Bashman


"Iowa Supreme Court: Ban on telemed abortion unconstitutional." The Des Moines Register has a news update that begins, "Iowa's Supreme Court ruled Friday that Planned Parenthood of the Heartland may keep using its controversial telemedicine-abortion system."

And The Associated Press reports that "Iowa court allows remote dispensing of abortion pill."

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

Update: In other coverage, Bloomberg News reports that "Iowa Top Court Lets Doctors Dispense Abortion Pills Remotely."

And Reuters reports that "Iowa Supreme Court allows telemedicine abortion program to go on."
Posted at 10:54 AM by Howard Bashman



Thursday, June 18, 2015

"Huguely asks Supreme Court to review Yeardley Love murder case": The Baltimore Sun has this report.
Posted at 11:26 PM by Howard Bashman


"Justin Bieber, Usher ordered to face copyright lawsuit": Jonathan Stempel of Reuters has this report.

And The Associated Press reports that "Virginia court revives copyright suit against Bieber, Usher."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 11:04 PM by Howard Bashman



"Teva v. Sandoz: On remand, Still No Deference and Claim is Indefinite." At his "Patently-O" blog, Dennis Crouch has this post about the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued today in a case decided and remanded by the U.S. Supreme Court earlier this Term.
Posted at 10:30 PM by Howard Bashman


"Devout racist's religion doesn't trump racial segregation in prison, appeals court says": Denny Walsh of The Sacramento Bee has a news update that begins, "In a case featuring a clash of constitutional interests, a federal appellate court ruled Thursday that California may hamper an inmate's religious worship in order to avoid the potential for unconstitutional racial segregation in its prison system."

You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:22 PM by Howard Bashman



"Are a Google Earth satellite image and a digital 'tack' labeled with GPS coordinates hearsay?" Today, Circuit Judge Alex Kozinski issued a decision answering that question on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 10:18 PM by Howard Bashman


"Court hears appeal about FBI gang report on Juggalos": The Associated Press has a report that begins, "Insane Clown Posse's latest gig? A federal court."
Posted at 10:14 PM by Howard Bashman


"No Middle Ground in Confederate License Plate Case": Today at his "Dorf on Law" blog, Michael Dorf has a post that begins, "Justice Breyer's majority opinion in Walker v. Texas Div., Sons of Confederate Veterans is so badly reasoned that it cannot be taken seriously at face value."

At "The Volokh Conspiracy," Eugene Volokh has a post titled "Government free to pick and choose which proposed license plate designs to allow, notwithstanding the First Amendment."

And online at Slate, Dahlia Lithwick has a jurisprudence essay titled "Reality Strikes the Supreme Court: The justices rule on a Confederate flag case as the nation once again grapples with the ugly power of that racist Southern symbol."
Posted at 09:35 PM by Howard Bashman



"When Will the Supreme Court Stop Avoiding Abortion? Severe laws in Texas and Mississippi require the justices to act." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:26 PM by Howard Bashman


"Justice Thomas focuses on victims in 2 death penalty cases": Sam Hananel of The Associated Press has this report.

At "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: Crawford narrowed, Atkins solidified."

And online at Slate, Mark Joseph Stern has a jurisprudence essay titled "Has Clarence Thomas Forgotten What His Job Is? Two of his latest opinions abandon reasoned judgment for fiery condemnation; From a Supreme Court justice, that's downright disturbing."
Posted at 09:25 PM by Howard Bashman



"Justices render differing verdict in 2 free speech cases": Mark Sherman of The Associated Press has this report.

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Thomas's Vote Speaks Volumes in License Plate Case."
Posted at 09:02 PM by Howard Bashman



"A 'view' from the Courtroom: A bonus day for opinions." Mark Walsh has this post today at "SCOTUSblog."
Posted at 06:15 PM by Howard Bashman


Judge Lynch rules in favor of habeas petitioner Lynch: The U.S. Court of Appeals for the Second Circuit issued this ruling today.
Posted at 01:52 PM by Howard Bashman


"Justices Side With Arizona Church in Dispute Over Sign Limits": Adam Liptak of The New York Times has this news update.

Richard Wolf and Brad Heath of USA Today report that "Tiny Arizona church wins Supreme Court case on signs."

Cheryl Wetzstein of The Washington Times has a news update headlined "Arizona church wins outdoor sign case in Supreme Court; Town of Gilbert's signage code deemed unconstitutional."

Howard Fischer of The Arizona Daily Star reports that "Highest Court rules against Gilbert in sign case."

The Arizona Republic has a news update headlined "Gilbert church wins: Supreme Court strikes down sign ordinance."

And Lawrence Hurley of Reuters reports that "U.S. top court rules for church in free speech case over signs."
Posted at 01:44 PM by Howard Bashman



"Supreme Court allows children's indirect testimony in child abuse cases": Richard Wolf and Brad Heath of USA Today have this report.

Brent Kendall of The Wall Street Journal has a news update headlined "Supreme Court Allows Teacher Testimony in Child-Abuse Cases; Justices give prosecutors leeway to bring cases without young children testifying."

And The Cleveland Plain Dealer has a news update headlined "U.S. Supreme Court reinstates child beating conviction of man who said teachers' testimony against him violated his rights."
Posted at 01:36 PM by Howard Bashman



"Supreme Court Says Texas Can Reject Confederate Flag License Plates": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court: Texas doesn't have to allow Confederate flag license plates."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court says Texas can keep Confederate flag off license plates."

Richard Wolf and Brad Heath of USA Today report that "Supreme Court says states can block Confederate flag license plates."

Jess Bravin of The Wall Street Journal has a news update headlined "Supreme Court Rules States Can Reject Offensive License Plate Messages; Court says Texas isn't required to allow Confederate battle flag on specialty plates."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court upholds Texas' restrictions on license plate messages."

Greg Stohr of Bloomberg News reports that "Confederate Flag License Plate Bid Rejected by U.S. Supreme Court; Justice Clarence Thomas joined the court's liberal wing in the majority."

Lawrence Hurley of Reuters reports that "U.S. top court upholds Texas refusal to issue Confederate license plate."

Ariane de Vogue of CNN.com reports that "Supreme Court: Texas OK to reject Confederate flag plate."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: The message determines the right."
Posted at 01:24 PM by Howard Bashman



"Why Clarence Thomas Joined Liberals to Shoot Down the Confederate Flag: The conservative black justice joined liberals in upholding Texas' ban on Confederate flag license plates." Paul Barrett of Bloomberg News has this report.
Posted at 01:14 PM by Howard Bashman


"Antonin Scalia and the Limits of Marriage: The U.S. Supreme Court's resident Cassandra tones down his prophecies in advance of the same-sex marriage decision." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 01:00 PM by Howard Bashman


"Youngest Abuse Victims Get Say in Court": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 12:57 PM 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 Sonia Sotomayor delivered the opinion of the Court in Brumfield v. Cain, No. 13-1433. Justice Clarence Thomas issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. and Justices Antonin Scalia and Samuel A. Alito, Jr. joined in large measure. And Justice Alito issued a dissenting opinion, in which Chief Justice Roberts joined. You can access the oral argument via this link.

2. Justice Alito delivered the opinion of the Court in Ohio v. Clark, No. 13-1352. Justice Scalia issued an opinion concurring in the judgment, in which Justice Ruth Bader Ginsburg joined. And Justice Thomas issued an opinion concurring in the judgment. You can access the oral argument via this link.

3. Justice Alito also delivered the opinion of the Court in Davis v. Ayala, No. 13-1428. Justice Anthony M. Kennedy issued a concurring opinion. Justice Clarence Thomas issued a concurring opinion. And Justice Sotomayor issued a dissenting opinion, in which Justices Ginsburg, Stephen G. Breyer, and Elena Kagan joined. You can access the oral argument via this link.

4. Justice Breyer delivered the opinion of the Court in Walker v. Texas Div., Sons of Confederate Veterans, Inc., No. 14-144. Justice Alito issued a dissenting opinion, in which Chief Justice Roberts and Justices Scalia and Kennedy joined. You can access the oral argument via this link.

5. Justice Thomas delivered the opinion of the Court in McFadden v. United States, No. 14-378. Chief Justice Roberts issued an opinion concurring in part and concurring in the judgment. You can access the oral argument via this link.

6. And Justice Thomas also delivered the opinion of the Court in Reed v. Town of Gilbert, No. 13-502. Justice Alito issued a concurring opinion, in which Justices Kennedy and Sotomayor joined. Justice Breyer issued an opinion concurring in the judgment. And Justice Kagan issued an opinion concurring in the judgment, in which Justices Ginsburg and Breyer joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Justices rule for Texas in dispute over license plate"; "Justices rule for small Arizona church in sign dispute"; "Supreme Court allows use of child abuse evidence"; "High court overturns conviction in synthetic drug case"; "High court grants reprieve to Louisiana death-row inmate"; and "High court reinstates conviction in death penalty case."
Posted at 10:04 AM by Howard Bashman



"The Future of the Roberts Court": Politico.com is live-streaming the video of this morning's event -- already underway -- at this link.
Posted at 08:35 AM by Howard Bashman


Wednesday, June 17, 2015

"SCOTUSblog on camera: Jeffrey Rosen (Part four)." You can access the video of the interview -- the fourth of five parts -- via this link.
Posted at 11:36 PM by Howard Bashman


"AT&T, Sidley Austin lawyers to appeal missed deadline case to Supreme Court": Reuters has this report.
Posted at 11:24 PM by Howard Bashman


"Top Plaintiff in Health Subsidies Case Awaits Edict Unperturbed": Robert Pear will have this article in Thursday's edition of The New York Times.
Posted at 11:16 PM by Howard Bashman


"Radcliffe Day 2015: Justice Ruth Bader Ginsburg." Harvard University has posted this video online today at YouTube. The video features both Kathleen M. Sullivan's conversation with Justice Ruth Bader Ginsburg and retired Justice David H. Souter's remarks.
Posted at 02:40 PM by Howard Bashman


"We must decide whether 'unlawful laser activity' under state law is a crime involving moral turpitude." So begins an opinion that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:48 PM by Howard Bashman


"Court revives post-9/11 detainee claims vs. top US officials": The Associated Press has a report that begins, "An appeals court has reinstated claims that former top U.S. officials can be held liable for the abuse of detainees rounded up after the Sept. 11 terrorist attacks."

And at "Just Security," Steve Vladeck has a post titled "Major Second Circuit Ruling Sides With Immigrants Subjected to Post-9/11 Roundup."

You can access today's 200-page ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:28 PM by Howard Bashman



"Will Preet Bharara Take His Insider-Trading Smackdown to the Supreme Court? Hedge fund traders, insider trading, and Wall Street's top cop." Sheelah Kolhatkar of Bloomberg News has this report.
Posted at 01:24 PM by Howard Bashman


"SCOTUSblog on camera: Jeffrey Rosen (Part three)." You can access the video of the interview -- the third of five parts -- via this link.
Posted at 08:55 AM by Howard Bashman


Tuesday, June 16, 2015

"Huguely files appeal request with U.S. Supreme Court": The Daily Progress of Charlottesville, Virginia has this report.

You can view the petition for writ of certiorari, which features attorney Paul D. Clement as counsel of record, at this link.
Posted at 11:17 PM by Howard Bashman



"Supreme Court Rejects 2 Antitrust Cases": Steve Lohr will have this article in Wednesday's edition of The New York Times.
Posted at 11:09 PM by Howard Bashman


"Gun rights in California: Court uncertain about concealed carry laws." Howard Mintz of The San Jose Mercury News has this report.

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Gun Advocates Grilled on Concealed Carry Challenge."

The U.S. Court of Appeals for the Ninth Circuit has posted online on YouTube at this link the video of today's reargument en banc before an 11-judge panel in Edward Peruta v. County of San Diego. Attorney Paul D. Clement argued the appeal on behalf of Peruta.

In earlier coverage, Southern California Public Radio 89.3 KPCC previewed the oral argument in a report titled "CA Court of Appeals hears concealed-carry case, gun rights and restrictions at stake."

The Rocky Hill Patch has an article headlined "Rocky Hill Man at Center of High-Profile Case; Edward Peruta is the lead plaintiff in a federal lawsuit that seeks to overturn California's system of issuing concealed-weapon permits."

And Dave Gilson of Mother Jones recently had an article headlined "Meet the F-Bomb-Spewing Ex-Cop Behind the NRA's Move to Topple California's Gun Laws; 'You don't like it? Change the fuckin' Constitution!' says Edward Peruta."
Posted at 11:00 PM by Howard Bashman



"American Express loses emergency bid to block U.S. card injunction": Jonathan Stempel of Reuters has a report that begins, "A federal appeals court on Tuesday rejected American Express Co's emergency request to halt an injunction that requires the company to let merchants steer customers toward lower-cost cards offered by competitors."
Posted at 10:50 PM by Howard Bashman


"Appeals court halts state prosecutions of Utes for crimes on tribal land": The Salt Lake Tribune has this news update.

And Ben Winslow of Fox 13 in Salt Lake City reports that "10th Circuit Court says Utah counties can't prosecute people for crimes on tribal lands."

Circuit Judge Neil M. Gorsuch issued today's decision on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit.
Posted at 10:26 PM by Howard Bashman



"Activists fighting to free Lolita tell court that feds 'rubber stamp' Seaquarium license": In March 2015, David Ovalle of The Miami Herald had an article that begins, "The government 'rubber stamps' the license for the Miami Seaquarium despite the park keeping Lolita the killer whale in inhumane conditions, an animal rights group told a federal appeals court Tuesday."

Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued this ruling affirming the entry of summary judgment dismissing the activists' suit.
Posted at 09:54 PM by Howard Bashman



"Supreme Court Takes a Pass on Reach of U.S. Antitrust Law": Brent Kendall had this post yesterday at WSJ.com's "Law Blog."
Posted at 11:42 AM by Howard Bashman


"Radcliffe Day 2015: The Roberts Court, from 2005 to Today." Harvard University has posted this video online today at YouTube.
Posted at 11:40 AM by Howard Bashman


"A Judge's Judge": Today at "Dorf on Law," law professor Eric Segall has a post that begins, "The 27th floor view of the sun glistening off Lake Michigan is simply stunning. In front of shelves lined with over forty of his own books, Judge Richard Posner shakes my hand warmly." The post describes the week that Segall spent shadowing Judge Posner.
Posted at 10:22 AM by Howard Bashman


"Prosecutor Cleared on Blogging About Activist": Courthouse News Service has this report.

At "Patterico's Pontifications," Patrick Frey has a post titled "Ninth Circuit Issues Nadia Naffe Opinion."

And at "Popehat," Ken White has a post titled "Partial Victory In Patterico's Free Speech Case Before Ninth Circuit."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:03 AM by Howard Bashman



"Federal appeals court rules lawsuit alleging corruption, discrimination in Mocksville police dept. can go to trial": The Winston-Salem Journal has this report on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
Posted at 08:46 AM by Howard Bashman


"Supreme Court Refuses to Hear Case on Pre-Abortion Ultrasounds": Adam Liptak has this article in today's edition of The New York Times.

Robert Barnes of The Washington Post reports that "Supreme Court lets stand ruling that struck down N.C. abortion law."

David G. Savage of The Los Angeles Times reports that "Supreme Court declines to hear appeal of North Carolina abortion law."

The News & Observer of Raleigh, North Carolina reports that "US Supreme Court declines to take up the NC ultrasound law."

And The Charlotte Observer reports that "US Supreme Court refuses to review NC abortion ruling."
Posted at 08:35 AM by Howard Bashman



"High court says immigration deadlines can be extended": The Associated Press has this report.

You can access yesterday's ruling of the U.S. Supreme Court in Reyes Mata v. Lynch, No. 14-185, at this link.
Posted at 08:26 AM by Howard Bashman



"High court rules against law firm in bankruptcy fee fight": The Associated Press has this report.

You can access yesterday's ruling of the U.S. Supreme Court in Baker Botts L.L.P. v. ASARCO LLC, No. 14-103, at this link.
Posted at 08:23 AM by Howard Bashman



"Why Indeed?: A Few Words in Favor of Per Curiams." Paul Horwitz had this post yesterday at "PrawfsBlawg."
Posted at 08:10 AM by Howard Bashman


Monday, June 15, 2015

"Justices' Words Are Combed for Clues as Major Decisions Loom at Court": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:44 PM by Howard Bashman


"Justices Uphold Denial of Visa to Afghan Husband of American Woman": Adam Liptak will have this article in Tuesday's edition of The New York Times.

Robert Barnes of The Washington Post reports that "Justices say it's enough to cite terrorism in declining visa applicant."

David G. Savage of The Los Angeles Times reports that "Fremont woman loses Supreme Court appeal to get visa for Afghan husband."

Richard Wolf of USA Today reports that "Justices say U.S. citizen cannot appeal Afghan husband's visa denial."

Bob Egelko of The San Francisco Chronicle reports that "Fremont woman loses bid to learn why husband denied a visa."

Greg Stohr of Bloomberg News reports that "Challenges to Spouse's Visa Denial Curbed by U.S. High Court."

Lawrence Hurley of Reuters reports that "U.S. top court rejects wife's challenge to Afghan husband's visa denial."

Sam Hananel of The Associated Press has a report headlined "Court: Spouse can't protest husband's visa denial."

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had a report titled "High Court Sides With Government On Spousal Visa Denial."

In commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled "For Now, There's No Constitutional Right to Marriage."

Online at Slate, Dahlia Lithwick has an essay titled "Supreme Court: American Woman Had No Right to Know Why Her Husband Was Denied a U.S. Visa." And Mark Joseph Stern has an essay titled "Did Scalia and Roberts Just Reveal How They'll Vote on Marriage Equality?"

And at ThinkProgress, Ian Millhiser has an essay titled "Justice Scalia Turns Obscure Immigration Case Into A Proxy War Over Marriage Equality."

You can access today's ruling of the U.S. Supreme Court in Kerry v. Din, No. 13-1402, at this link.
Posted at 10:16 PM by Howard Bashman



"Taliban Marriage Case Hints at Liberty's Limits": Law professor Cass R. Sunstein has this essay online today at Bloomberg View.
Posted at 09:52 PM by Howard Bashman


"Obamacare critics, backers mobilize efforts before Supreme Court ruling": The Washington Post has this report.
Posted at 09:40 PM by Howard Bashman


"Stop Revering Magna Carta": Law professor Tom Ginsburg has this op-ed in today's edition of The New York Times.
Posted at 09:32 PM by Howard Bashman


In news coverage of today's U.S. Supreme Court Order List: The Associated Press reports that "Court to rule on tribal courts' powers over non-Indians" and "Supreme Court won't revive North Carolina abortion law."

Lawrence Hurley and Letitia Stein of Reuters report that "U.S. justices refuse to restore North Carolina abortion ultrasound law." Hurley also has reports headlined "U.S. top court rejects AU Optronics over $500 million price-fixing fine" and "U.S. top court rejects Iraq bid to revive 'oil-for-food' lawsuit."

Greg Stohr of Bloomberg News reports that "Abortion Curbs Voided as U.S. Supreme Court Rejects North Carolina; Rejecting the state's appeal, the justices left intact a federal appeals court ruling that said the measure violated doctors' speech rights."

And at "SCOTUSblog," Lyle Denniston has a post titled "A gesture in favor of a woman's abortion choice."

Lastly, in Hittson v. Chatman, No. 14-8589, Justice Ruth Bader Ginsburg issued a concurrence, in which Justice Elena Kagan joined, in the denial of certiorari. Justice Ginsburg's concurrence suggests that the U.S. Court of Appeals for the Eleventh Circuit may wish to grant rehearing en banc in Wilson v. Warden, No. 14-10681. You can access the pending rehearing petition at this link. The Eleventh Circuit has already issued this order directing a response to the rehearing petition and allowing a reply to the response. Both the response and a reply have since been filed.
Posted at 09:00 PM by Howard Bashman



"Justice Scalia finds out that if you live by the sword, you die by the sword": Senior U.S. District Judge Richard G. Kopf had this post yesterday at his "Hercules and the umpire" blog.
Posted at 08:30 PM by Howard Bashman


"How Boies Did It: Relentless Focus on U.S. Unfairness to AIG." Christie Smythe of Bloomberg News has this report.
Posted at 08:23 PM by Howard Bashman


"SCOTUS foreign antitrust cert denials show different tests for civil, criminal cases": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 08:04 PM by Howard Bashman


"A View from the Courtroom: The Goldbergs." Mark Walsh has this post today at "SCOTUSblog."
Posted at 08:00 PM by Howard Bashman


Sunday, June 14, 2015

Programming note: On Monday, I will be delivering an appellate oral argument at the Commonwealth Court of Pennsylvania in Harrisburg. As a result, additional posts will not appear here until late Monday afternoon.

At 9:30 a.m. eastern time on Monday, the U.S. Supreme Court is scheduled to issue an Order List, which can be accessed via this link shortly after that time. And starting shortly after 10 a.m. eastern time on Monday, the U.S. Supreme Court is scheduled to issue rulings in argued cases, which can be accessed via this link soon thereafter.

Early news of the Supreme Court's orders and rulings can be accessed via the U.S. Law Week Twitter feed and also via the "SCOTUSblog" live blog.
Posted at 11:38 PM by Howard Bashman



"Scalia's Originalist Sin in Passport Case": Kenneth Jost had this post yesterday at his blog, "Jost on Justice."
Posted at 11:30 PM by Howard Bashman


"Torrington judge looking forward to serving on Wyoming Supreme Court": The Star-Herald of Scottsbluff, Nebraska has this report.
Posted at 11:00 PM by Howard Bashman


"The voice of opposition past, Justice Kennedy may save Obamacare now": Joan Biskupic of Reuters has this report.
Posted at 10:52 PM by Howard Bashman


"The Supreme Court's momentous abortion decision": Irin Carmon of msnbc.com has this report.
Posted at 10:48 PM by Howard Bashman


"With Little Fanfare, Mexican Supreme Court Legalizes Same-Sex Marriage": This front page article will appear in Monday's edition of The New York Times.
Posted at 10:46 PM by Howard Bashman


"Supreme Court races the clock on gay marriage, Obamacare and more": Richard Wolf of USA Today has this report.
Posted at 10:45 PM by Howard Bashman


"Justice Ruth Bader Ginsburg in Conversation with California Associate Justice Goodwin Liu": The American Constitution Society has posted the video of yesterday's conversation online at YouTube at this link.
Posted at 01:42 PM by Howard Bashman


"Looking for clues to Supreme Court's final rulings in Ginsburg's good mood": Robert Barnes of The Washington Post has this report.
Posted at 01:40 PM by Howard Bashman


"Ruth Bader Ginsburg 'Amazed' at Icon Status at 82": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."

And Irin Carmon of msnbc.com has a report headlined "Ruth Bader Ginsburg on the Natalie Portman movie about her."
Posted at 01:38 PM by Howard Bashman



Saturday, June 13, 2015

"How a sticky note helps Holly woman fight marijuana rap": The Detroit Free Press has this report on a ruling that the Supreme Court of Michigan issued on Thursday.
Posted at 10:54 PM by Howard Bashman


"Antiabortion advocates have a logic problem": Columnist Dana Milbank has this essay online at The Washington Post.
Posted at 10:50 PM by Howard Bashman


"What do you think of the death penalty now, Justice Scalia?" Columnist Leonard Pitts, Jr. has this essay online at The Miami Herald.
Posted at 10:44 PM by Howard Bashman


"Court Overturns Guantanamo Detainee's Conspiracy Conviction; Ruling has far-reaching implications for military commissions project": Jess Bravin has this article in today's edition of The Wall Street Journal.
Posted at 10:42 PM by Howard Bashman


"Surge of new abortion restrictions limits access 'brick by brick'": Maria L. La Ganga of The Los Angeles Times has this report.
Posted at 10:36 PM by Howard Bashman


"Same-sex marriage, ACA: Two occasions for Supreme Court restraint; Both same-sex marriage and the Affordable Care Act should be left to legislation." Columnist D.J. Tice has this essay online at The Minneapolis Star Tribune.
Posted at 10:16 PM by Howard Bashman


"Executive chutzpah: The president and the Supreme Court." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 10:14 PM by Howard Bashman


"Can Republicans Win by Losing at the Supreme Court? With rulings expected soon in cases involving gay marriage and the fate of the Affordable Care Act, the electoral consequences will soon be laid bare." Greg Stohr of Bloomberg News has this report.
Posted at 10:12 PM by Howard Bashman


"Gilbert pastor awaits answer from U.S. Supreme Court": The Arizona Republic has this report.
Posted at 06:44 PM by Howard Bashman


"Supreme Court could rule on legalizing gay marriage nationwide in case challenging its constitutionality": The New York Daily News has this report.

And Brendan Kirby of The Mobile Press-Register reports that "Alabama could see same-sex marriages as soon as U.S. Supreme Court rules this month."
Posted at 06:34 PM by Howard Bashman



"How will history judge Obama? Courts may decide." David G. Savage and Michael A. Memoli of The Los Angeles Times have this report.
Posted at 06:30 PM by Howard Bashman


Friday, June 12, 2015

"Third Circuit OKs Federal Defenders in State Court": Gina Passarella of The Legal Intelligencer has a report that begins, "The Third Circuit has approved the use of federal public defenders in state post-conviction relief appeals in an opinion that has the court's chief judge questioning why the state would see a problem with additional resources from the federal government." You can freely access the full text of the article via Google News.

And you can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 11:32 PM by Howard Bashman



"Court allows hotly disputed discount contact lens price law": The Associated Press has this report on an order that a two-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 11:10 PM by Howard Bashman


"Prenatal DNA test patent invalid -- U.S. appeals court": Reuters has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 11:00 PM by Howard Bashman


"U.S. Appeals Court Overturns Conviction Of Guantanamo Detainee": This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."

Michael Doyle of McClatchy Washington Bureau reports that "Federal appeals court sets aside conviction of bin Laden assistant."

Lawrence Hurley of Reuters reports that "U.S. court throws out al Qaeda publicist's conspiracy conviction."

The Associated Press reports that "Lawyer says US ruling helps his own client from Guantanamo."

And at "Just Security," Steve Vladeck has a post titled "What al Bahlul Says, and What It Means."
Posted at 10:58 PM by Howard Bashman



"Woman had right to be drunk on her front steps -- Iowa Supreme Court": Reuters has this report.

The Associated Press has a report headlined "Court: Iowa residents have right to be drunk on front porch."

And at "On Brief: Iowa's Appellate Blog," Ryan Koopmans has a post titled "Happy Friday: Iowa Supreme Court says that it's not illegal to drink on your front steps."

You can access today's ruling of the Supreme Court of Iowa at this link.
Posted at 10:44 PM by Howard Bashman



"Mexico supreme court opens door to gay marriage nationwide": The Associated Press has this report.
Posted at 10:34 PM by Howard Bashman


"Chivalry, Masculinity, and the Importance of Maleness to Judicial Decision Making": Political science professor Rebecca D. Gill and law professors Michael Kagan and Fatma E. Marouf have posted this paper online at SSRN (via "Legal Theory Blog" and WSJ.com's "Law Blog").
Posted at 10:27 PM by Howard Bashman


"Charles Lindbergh gave John Paul Stevens a bird." So begins a post titled "John Paul Stevens bridges the past, future" that Neil Steinberg has today at his blog, "Every Goddamn Day."
Posted at 03:35 PM by Howard Bashman


"Court extends order blocking 'Angola 3' member's release": The Associated Press has this report.

The Advocate of Baton Rouge, Louisiana has a news update headlined "'Angola 3' prisoner Albert Woodfox to remain incarcerated during appeal."

And Emily Lane of The Times-Picayune of New Orleans reports that "Albert Woodfox's release blocked; Louisiana wins right to appeal."

I have posted at this link today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.
Posted at 02:21 PM by Howard Bashman



"U.S. broadcasters lose case against FCC's airwaves auction rules": Reuters has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

Update: In other coverage, Reuters reports that "U.S. broadcasters lose case against FCC's airwaves auction rules."
Posted at 01:35 PM by Howard Bashman



"Google Faces French Ultimatum Over Right to Be Forgotten": Bloomberg News has this report.
Posted at 01:11 PM by Howard Bashman


"En Banc: Son of THE SLANTS Appeal Brief to the Federal Circuit." Ron Coleman has this post today at his "Likelihood of Confusion" blog providing access to the brief he filed yesterday on rehearing en banc in the U.S. Court of Appeals for the Federal Circuit.

The Federal Circuit granted rehearing en banc to decide "Does the bar on registration of disparaging marks in 15 U.S.C. sec. 1052(a) violate the First Amendment?" My earlier coverage of the case can be accessed here, here, and here.
Posted at 11:08 AM by Howard Bashman



"SCOTUSblog on camera: Jeffrey Rosen (Part two)." You can access the video of the interview -- the second of five parts -- via this link.
Posted at 10:58 AM by Howard Bashman


"Al-Bahlul decided: Court invalidates military commission conviction for domestic-law offense." Marty Lederman has this post at "Just Security" about a ruling that a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today. Each of the three judges on the panel issued an opinion.

In early news coverage, The Associated Press reports that "Appeals court sets aside conviction of bin Laden assistant."
Posted at 10:54 AM by Howard Bashman



"County finds historic documents in local case argued by former Supreme Court justice": KYTX-TV of Tyler, Texas has a report that begins, "Commissioners unveiled proof Tuesday of Smith County's ties to civil rights pioneer Thurgood Marshall."
Posted at 10:48 AM by Howard Bashman


"How Technology Made Supreme Court Watching Like Sports Reporting": Daniel Fisher has this post today at Forbes.com.
Posted at 08:46 AM by Howard Bashman


"MU's law school dean asks of state high court, 'Can We Help?'" Andrew Hahn and Jason Stein of The Milwaukee Journal Sentinel have this report.

And The Associated Press reports that "Tension spills into public view at state Supreme Court."
Posted at 08:45 AM by Howard Bashman



"Healthcare chaos looms if Supreme Court rules against Obamacare subsidies": This editorial appears in today's edition of The Los Angeles Times.
Posted at 08:42 AM by Howard Bashman


"The Supreme Court Could Make Abortion One of 2016's Big Campaign Issues; And that could be bad news for Republicans": Pema Levy has this report online today at Mother Jones.
Posted at 08:40 AM by Howard Bashman


"University of Minnesota immigration law center earns Supreme Court victory; The Supreme Court decision means Moones Mellouli will be able to return to Minnesota": The Minneapolis Star Tribune has this report.
Posted at 08:36 AM by Howard Bashman


Thursday, June 11, 2015

"Health Minister 'outraged' by Supreme Court ruling on medical marijuana": Sean Fine of The Toronto Globe and Mail has a news update that begins, "An institutional dispute between the Supreme Court of Canada and the Conservative government reached a new plateau on Thursday after the court said medical-marijuana users have the right to consume the drug in ways other than smoking -- such as cookies, lip balm or lozenges."

You can access today's ruling of the Supreme Court of Canada at this link.
Posted at 11:55 PM by Howard Bashman



"Uh, 'Robots' Aren't Better Than Humans At Predicting Supreme Court Decisions": Oliver Roeder has this post today at FiveThirtyEight.
Posted at 11:48 PM by Howard Bashman


"Obama isn't bullying the Supreme Court on healthcare": Columnist Michael McGough has this essay online at The Los Angeles Times.
Posted at 11:45 PM by Howard Bashman


"The Kansas Supreme Court's Only Option: Sue Gov. Sam Brownback in federal court." Mark Joseph Stern has this jurisprudence essay online today at Slate.
Posted at 11:34 PM by Howard Bashman


"Can MBS investors rebound after N.Y. high court shuts down contract suits?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report about a ruling that the Court of Appeals of New York issued today.
Posted at 11:22 PM by Howard Bashman


"You'll Never Tweet As Well As This Texas Judge: By order of the 84th Texas Legislature, Justice Don Willett has just become our official 'Tweeter Laureate.'" Texas Standard has posted the audio of its interview at this link.
Posted at 11:16 PM by Howard Bashman


"Court overrules Wolf on firing Open Records chief": This front page article appears in today's edition of The Philadelphia Inquirer.

In today's edition of The Morning Call of Allentown, Pennsylvania, Steve Esack has a front page article headlined "Court: Gov. Tom Wolf wrong to fire Open Records chief."

In today's edition of The Patriot-News of Harrisburg, Pennsylvania, Charles Thompson has a front page article headlined "Is Arneson ruling a win for transparency? Media representatives, lawmakers and more think so."

And Reuters reports that "Pennsylvania court says governor overstepped in ousting official."

You can access yesterday's 4-to-3 ruling of the Commonwealth Court of Pennsylvania at this link.
Posted at 11:11 PM by Howard Bashman



"Who Do the Justices Want to Be President? The answer to that question may impact how they vote in two huge cases." Dahlia Lithwick has this jurisprudence essay online today at Slate.
Posted at 10:54 PM by Howard Bashman


"SCOTUSblog on camera: Jeffrey Rosen (Part one)." You can access the video of the interview -- the first of five parts -- via this link.
Posted at 10:52 PM by Howard Bashman


"As top U.S. court weighs gay marriage, limited backlash brews in states": Lawrence Hurley of Reuters has this report.
Posted at 06:18 PM by Howard Bashman


"U.S. court denies requests to block parts of net neutrality rules": Reuters has this report.
Posted at 04:50 PM by Howard Bashman


"Why Is John Roberts Siding With the Supreme Court's Liberals? There are two cases -- one famous and one forgotten -- that may haunt the chief justice." Law professor Adam Winkler has this essay online at Slate.
Posted at 04:44 PM by Howard Bashman


"Struggling Justice Alito Sent Down To Lower Federal Court": The Onion has this news brief.
Posted at 03:27 PM by Howard Bashman


"The Shrinking Fourth Amendment: Heien v. North Carolina." Sherry F. Colb had this essay yesterday at Justia.com's Verdict.

Also yesterday at "Dorf on Law," Colb had a related post titled "The Difference Between Legal and Factual Errors."
Posted at 01:44 PM by Howard Bashman



"Recusal motions: When you strike at a king, you must kill him." Senior U.S. District Judge Richard G. Kopf had this post yesterday at his "Hercules and the umpire" blog.
Posted at 01:42 PM by Howard Bashman


"Amazon Trampled Online Pricing Patent, Fed. Circ. Told": Law360.com had this report (subscription required for full access) in March 2015.

Today. a unanimous three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued this ruling in Amazon's favor.
Posted at 01:20 PM by Howard Bashman



"Appeals court upholds Shell's Arctic oil spill plans": Alaska Dispatch News has this report.

And Jonathan Stempel of Reuters reports that "U.S. appeals court rejects challenge to Shell spill plans in Alaska."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:16 PM by Howard Bashman



"Judge admonishes Jefferson County for using Christian school for troubled students; Federal judge: School system violated Establishment Clause." This article appeared in The Knoxville News Sentinel back in July 2013.

Today a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued an opinion reversing the district court's judgment.
Posted at 01:00 PM by Howard Bashman



"Justice Anthony Kennedy: The Decider." The PBS program "Washington Week" has posted online this podcast featuring Joan Biskupic of Reuters.
Posted at 11:02 AM by Howard Bashman


"Fourth Circuit airs internal dispute about whether to criticize the Government's appellate litigating position": Jonathan Biran has this post today at the "Maryland Appellate Blog."
Posted at 10:20 AM by Howard Bashman


"After hearing, Philadelphia judge close to 3rd Circuit confirmation": Tracie Mauriello has this article in today's edition of The Pittsburgh Post-Gazette.

The Morning Call of Allentown, Pennsylvania reports that "Senate Judiciary panel vets Pa. nominee."

And Law360.com reports that "3rd Circ. Nominee Edges Closer To Long-Vacant Seat" (subscription required for full access).

You can view the video of yesterday's Senate Judiciary Committee confirmation hearing via this link.
Posted at 10:12 AM by Howard Bashman



"Closing Off Abortion Rights": This editorial appears in today's edition of The New York Times.

And columnist Gail Collins has an op-ed titled "Battle of the Abortion Decisions."
Posted at 10:02 AM by Howard Bashman



"Form signed by ill ER patient doesn't immunize hospital for shoddy care": Bob Egelko of The San Francisco Chronicle has a blog post that begins, "When a patient died from a brain hemorrhage that an emergency room physician had failed to diagnose, the hospital tried to protect itself from liability by pointing to a form the patient had signed when she checked in two days earlier, in severe pain. It said all doctors who provided services at the facility were independent contractors rather than hospital employees."

You can access Tuesday's ruling of the California Court of Appeal for the Third Appellate District at this link.
Posted at 09:52 AM by Howard Bashman



"The Supreme Court Down the Stretch": Linda Greenhouse has this essay online today at The New York Times.
Posted at 08:05 AM by Howard Bashman


Wednesday, June 10, 2015

"Arkansas seeking rehearing in 12-week abortion ban case": The Associated Press has this report.
Posted at 11:02 PM by Howard Bashman


"Third Circuit Nominee Breezes Through Confirmation Hearing; U.S. District Judge Luis Felipe Restrepo was nominated in November to the appeals court": Mike Sacks of The National Law Journal has this report.
Posted at 04:18 PM by Howard Bashman


"With Senate control, will the GOP stop confirming circuit court judges?" Russell Wheeler of The Brookings Institution has this blog post today.
Posted at 04:13 PM by Howard Bashman


"High court denies teen's family damages after brain is found on class trip": The Staten Island Advance has this news update.

The New York Daily News reports that "Medical examiner does not have to return organs of the dead after performing autopsy, Appeals Court rules."

The New York Post has an article headlined "Brains don't have to be returned to bodies after autopsy: court."

Reuters reports that "Family of dead NYC teen loses court battle over brain."

And The Associated Press has a report headlined "NY court: Medical examiners don't have to return all organs."

You can access today's 5-to-2 ruling of the Court of Appeals of New York -- that state's highest court -- at this link.
Posted at 04:12 PM by Howard Bashman



"HHS Chief Burwell, House GOP Square Off Over Health-Law Case; Two sides fine tune messages ahead of Supreme Court's decision on Affordable Care Act": Louise Radnofsky of The Wall Street Journal has this report.
Posted at 04:02 PM by Howard Bashman


"Abortion rights groups file motion to halt key provisions in Texas law": Reuters has a report that begins, "Several women's health providers filed a motion on Wednesday seeking to halt a U.S. appeals court decision a day earlier allowing Texas to impose restrictions on abortions, and said they plan to take the case to the U.S. Supreme Court."

Warren Richey of The Christian Science Monitor reports that "Ruling on Texas abortion law sets up potential Supreme Court showdown."

John Council of Texas Lawyer has an article headlined "Who Wrote for the Majority in Controversial Abortion Decision?" You can freely access the full text of the article via Google.

Via "SCOTUSblog," you can access the stay motion at this link.

Meanwhile, in commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled "Why the Texas Abortion Law May Stand."

And online at The Guardian (UK), Scott Lemieux has an essay titled "The US supreme court may bring Texas- style abortion restrictions to every state; The state's years-long effort to minimize women's access to abortion services just got a legal boost, and it sets up another battle at the nation's highest court."
Posted at 03:58 PM by Howard Bashman



"President Obama's Supreme Court Remarks Set Him Apart; Previous presidents only briefly commented on Supreme Court cases, study finds": Jess Bravin of The Wall Street Journal has this report.
Posted at 03:32 PM by Howard Bashman


"Congress must fix Obamacare if court guts it -- U.S. official": Reuters has this report.
Posted at 01:54 PM by Howard Bashman


The June 2015 issue of the Harvard Law Review can now be accessed online: Via this link.
Posted at 01:52 PM by Howard Bashman


"Are Gun Rights Second-Class Rights? Supreme Court Declines Major Second Amendment Case, Over Fiery Dissent." Evan Bernick has this blog entry today at The Huffington Post.
Posted at 11:09 AM by Howard Bashman


"Thinly sliced baloney, Wonder Bread, concurring opinions and the Supreme Court": Senior U.S. District Judge Richard G. Kopf had this post yesterday at his "Hercules and the umpire" blog.
Posted at 10:56 AM by Howard Bashman


"FAN 63 (First Amendment News) CJ Roberts: Mr. First Amendment -- The Trend Continues." Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 10:47 AM by Howard Bashman


"The right's slimy new scheme: The made-up 'religious freedom' protection designed to gut same-sex marriage; Indiana was just the beginning: A host of new 'religious freedom' bills are coming; The target: Marriage equality." Elliot Mincberg has this essay at Salon.com.

And online at The Atlantic, law professor Garrett Epps has an essay titled "North Carolina's Rightward Turn: A bill excusing public officials from performing gay marriages caps a string of legislative victories for conservatives."
Posted at 10:42 AM by Howard Bashman



"Obama lawyers asked secret court to ignore public court's decision on spying; Justice Department's national security chief cites six-month transition period in the USA Freedom Act as a reason to turn the bulk surveillance spigot back on": Spencer Ackerman of The Guardian (UK) has this report.
Posted at 10:38 AM by Howard Bashman


"Court ruling against gay marriage could cause legal 'chaos'": Mark Sherman of The Associated Press has this report.
Posted at 09:54 AM by Howard Bashman


"Finding misconduct by prosecutor, court overturns murder conviction": The San Jose Mercury News has this article reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 08:40 AM by Howard Bashman


"Q&A with Washington Post Supreme Court reporter Robert Barnes": James Hohmann has this interview with Robert Barnes online today at The Washington Post.
Posted at 08:33 AM by Howard Bashman


"Appeals court orders Albert Woodfox, last of remaining incarcerated 'Angola 3' members, to stay in jail until at least Friday": This front page article appears in today's edition of The Advocate of Baton Rouge, Louisiana.

Today's edition of The Times-Picayune of New Orleans contains a front page article headlined "Angola 3 member Albert Woodfox's release blocked until Friday, at least."

And The Associated Press reports that "Last of 'Angola 3' inmates waits for decision on release."
Posted at 08:30 AM by Howard Bashman



Tuesday, June 9, 2015

"6th Circuit says Michigan tribe subject to federal labor laws": Michigan Radio has a report that begins, "A federal appeals court says a northern Michigan Indian tribe does not get to set its own labor rules at the casino it operates near Manistee."

And The Associated Press reports that "Appeals court says Michigan Indian casino is subject to federal labor law, oversight."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 10:20 PM by Howard Bashman



"Judges: Gun Rights Group's Home Run Swing 'Strikes Out.'" R. Robin McDonald of The Daily Report of Fulton County, Georgia has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today. You can freely access the full text of the article via Google.
Posted at 10:08 PM by Howard Bashman


"Appeals Court denies bid to remove judge in strip-search suits": Bruce Vielmetti of The Milwaukee Journal Sentinel has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 10:00 PM by Howard Bashman


"Class actions face crucible in next Supreme Court term": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 06:18 PM by Howard Bashman


"Supreme Court's Landmark U.S. Gun-Rights Ruling Not So Landmark": Patrick Oster of Bloomberg News has this report today.
Posted at 05:42 PM by Howard Bashman


"Court rejects bid to block EPA power plant standards": Jeremy P. Jacobs of Greenwire has this report.

My earlier coverage of today's D.C. Circuit ruling appears at this link.
Posted at 05:40 PM by Howard Bashman



"Long-awaited hearing on PA judicial nominee set for Wed." Jonathan Tamari of The Philadelphia Inquirer has a blog post that begins, "Philadelphia-based Judge Luis Felipe Restrepo will have a Senate committee hearing Wednesday on his nomination to the U.S. Court of Appeals for the Third Circuit."
Posted at 05:32 PM by Howard Bashman


"Court Upholds Texas Law Criticized as Blocking Access to Abortions": Manny Fernandez of The New York Times has this news update.

Ana Campoy of The Wall Street Journal reports that "Federal Appeals Court Upholds Key Parts of Texas Abortion Law; Decision by fifth U.S. Circuit Court of Appeals in New Orleans could leave as few as seven clinics in state." You can freely access the full text of the article via Google.

Brian M. Rosenthal of The Houston Chronicle reports that "Texas abortion law could wind up before Supreme Court."

J. David McSwane of The Austin American-Statesman reports that "Texas abortion law upheld by federal court."

Brittney Martin of The Dallas Morning News has a blog post titled "Federal appeals court OKs clinic standards for Texas abortion clinics, half will shutter."

The Texas Tribune reports that "Appeals Court Upholds Texas' Abortion Restrictions."

The Associated Press reports that "Court upholds key parts of Texas' strict anti-abortion law."

Reuters reports that "U.S. appeals court upholds restrictive Texas abortion law."

And Bloomberg News reports that "Texas Allowed by Judges to Close Almost All Abortion Clinics."

You can access today's per curiam ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 05:26 PM by Howard Bashman



"Obama Touts Health-Care Benefits as High Court Ruling Looms": Bloomberg News has a report that begins, "President Barack Obama is stepping up defense of his signature health-care law, touting the benefits of Obamacare and criticizing its challengers as the U.S. Supreme Court prepares a ruling that could unravel its core."
Posted at 12:15 PM by Howard Bashman


"U.S. court rejects early challenge to Obama power plant regulations": Lawrence Hurley of Reuters has this report.

And Sam Hananel of The Associated Press reports that "Appeals court tosses suits challenging climate change plan."

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



"Landmark Insider Trading Case Appeal by U.S. Still Being Mulled": Bloomberg News has this report.
Posted at 12:08 PM by Howard Bashman


"N.J. Supreme Court sides with Christie in billion dollar pension dispute": NJ.com has this report.

The Record of Hackensack, New Jersey reports that "New Jersey's top court sides with Christie on pensions."

The New York Times has a news update headlined "Christie Won't Be Forced to Make Pension Payments."

The Philadelphia Inquirer has a news update headlined "N.J. Supreme Court sides with Christie in pension case."

The Associated Press reports that "New Jersey's top court sides with Christie on pensions."

Reuters reports that "N.J.'s top court lets Gov. Christie cut pension funding."

And Bloomberg News reports that "Christie Wins Court Battle Over Funding New Jersey Pension Gap."

You can access today's 5-to-2 ruling of the Supreme Court of New Jersey at this link.
Posted at 12:03 PM by Howard Bashman



"Appellate Brief Length Reduction More Likely, but Less Severe": This month's installment of my "Upon Further Review" column appears in today's edition of The Legal Intelligencer. You can freely access the full text of the column via Google News.
Posted at 11:50 AM by Howard Bashman


"Why Has a Key Federal Judgeship in Wisconsin Been Vacant for 2,000 Days?" Online today at The Huffington Post, Nan Aron has a blog entry that begins, "Central to the latest wrangling over a federal appeals court vacancy is one crucial fact: Wisconsin's vacancy on the Seventh Circuit is the oldest circuit court vacancy in the entire country."
Posted at 11:42 AM by Howard Bashman


Monday, June 8, 2015

"Appeals court rules for Allegiant Air in dispute with pilots": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:22 PM by Howard Bashman


"Ninth Circuit Recalls First Hispanic Judge": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 11:18 PM by Howard Bashman


"Legal fight over prairie dog could chew hole in ESA": Jeremy P. Jacobs of Greenwire has this report.
Posted at 06:17 PM by Howard Bashman


"2nd Circuit punts on rule for defense counsel to report juror suspicions": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report about a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 06:00 PM by Howard Bashman


"Huckabee must face movie telemarketing lawsuit: U.S. appeals court": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 05:58 PM by Howard Bashman


"Supreme Court won't hear Alaska 'permit shield' case": Jeremy P. Jacobs of Greenwire has this report.
Posted at 05:22 PM by Howard Bashman


"Obama Holds Trump Card Over Passports": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 05:20 PM by Howard Bashman


"Reid rips McConnell over judges": Jordain Carney of The Hill has this blog post.
Posted at 05:17 PM by Howard Bashman


"We must decide whether a magistrate judge is empowered to issue an order remanding a removed case to state court, and whether such an order, once made, may be reviewed by the district court." So begins an interesting decision that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:48 PM by Howard Bashman


E-filing non-horror story: Seventh Circuit holds that emailing complaint to the clerk's office constitutes timely initiation of suit. At least in the U.S. District Court for the Southern District of Illinois. You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 01:42 PM by Howard Bashman


"Supreme Court refuses to take up challenge to San Francisco gun law": Robert Barnes of The Washington Post has this news update.

Richard Wolf of USA Today reports that "Supreme Court won't overrule gun ownership restrictions."

Henry K. Lee of The San Francisco Chronicle reports that "High court lets stand S.F.'s gun-control law, bullet ban."

Warren Richey of The Christian Science Monitor reports that "Supreme Court declines potentially key Second Amendment case."

And at "SCOTUSblog," Lyle Denniston has a post titled "New doubts on Second Amendment rights."
Posted at 01:32 PM by Howard Bashman



"Obama: Supreme Court shouldn't even be hearing Obamacare case." Ben Wolfgang of The Washington Times has this report.

The Associated Press has a report headlined "Obama: High court shouldn't consider health care challenge."

And in somewhat related news, Stephen Dinan of The Washington Times reports that "Obama derides judge who blocked amnesty."
Posted at 01:12 PM by Howard Bashman



"Supreme Court Backs White House on Jerusalem Passport Dispute": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court strikes down 'born in Israel' passport law."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court sides with president in Jerusalem passport case."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court upholds president on passport place-of-birth case."

And at "SCOTUSblog," Mark Walsh has a post titled "A View from the Courtroom: International Day."
Posted at 01:02 PM by Howard Bashman



"Conservative Action: The battle over race preferences at Harvard; A litigious activist's latest cause -- ending affirmative action at Harvard." Joan Biskupic of Reuters has this report.
Posted at 12:58 PM by Howard Bashman


Access online today's ruling of the U.S. Supreme Court in an argued case: Justice Anthony M. Kennedy delivered the opinion of the Court in Zivotofsky v. Kerry, No. 13-628. Justice Stephen G. Breyer issued a concurring opinion, Justice Clarence Thomas issued an opinion concurring in the judgment in part and dissenting in part. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justice Samuel A. Alito joined. And Justice Antonin Scalia issued a dissenting opinion, in which Chief Justice Roberts and Justice Alito joined. You can access the oral argument at this link.

In early news coverage, The Associated Press reports that "Court strikes down 'born in Jerusalem' passport law."

Lawrence Hurley of Reuters reports that "U.S. top court invalidates Jerusalem passport law."

Greg Stohr of Bloomberg News reports that "Jerusalem-Born Americans Lose at Top U.S. Court on Passports."

And Richard Wolf of USA Today has an article headlined "Court: U.S. passports must say 'Jerusalem,' not 'Israel.'"
Posted at 10:04 AM by Howard Bashman



"Supreme Court Justice Antonin Scalia's Commencement Address at Stone Ridge": myMCMedia has posted on YouTube at this link the video of Justice Scalia's entire commencement address delivered last week at his granddaughter's high school graduation.

My earlier coverage appears here and here.
Posted at 09:44 AM by Howard Bashman



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

In Jackson v. City and County of San Francisco, No.14-704, Justice Clarence Thomas issued a dissent, in which Justice Antonin Scalia joined, from the denial of certiorari.

In early news coverage, The Associated Press reports that "Justices to take on new case over frozen assets"; "High court to weigh three-judge rule for redistricting cases"; "Justices to review Tyson Foods appeal over class-action suit"; "Justices reject NRA appeal over San Francisco gun laws"; "High court won't hear Maine appeal over Medicaid cuts": and "High court won't hear appeal over anti-whaling campaign."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court takes up Tyson Foods class action challenge"; "U.S. top court rejects challenge to San Francisco gun regulation"; and "U.S. justices reject Maine challenge to Medicaid funding."

And Greg Stohr of Bloomberg News reports that "Tyson's Bid to Curb Class Actions Gets U.S. High Court Hearing"; "NRA Rejected by U.S. Supreme Court on San Francisco Gun Law"; and "Maine Rejected by U.S. Supreme Court on Obamacare Requirement."
Posted at 09:37 AM by Howard Bashman



"Counting Everyone for 'One Person, One Vote'": Kenneth Jost had this post yesterday at his blog, "Jost on Justice."
Posted at 07:40 AM by Howard Bashman


"Obama administration stops work on immigrant program": Jerry Markon of The Washington Post has an article that begins, "A series of legal setbacks have halted the government's intensive preparations to move forward with President Obama's executive actions shielding millions of illegal immigrants from deportation, even as community organizations continue a rapid push to get ready for the programs, according to U.S. officials and immigrant advocacy groups."
Posted at 07:38 AM by Howard Bashman


Sunday, June 7, 2015

"Abercrombie's Legal Defeat -- and Its Cultural Failure": Margaret Talbot has this post online at The New Yorker.
Posted at 10:58 PM by Howard Bashman


"Has the Supreme Court become less ideological?" Eric Posner has this post today at his blog.
Posted at 10:50 PM by Howard Bashman


"AP Exclusive: Abortions declining in nearly all states." The Associated Press has this report.
Posted at 10:44 PM by Howard Bashman


"After 800 years, Britain finally asks: Do we need a written constitution?" The Washington Post has this report.
Posted at 10:22 PM by Howard Bashman


"Not Everyone Hates Citizens United: The landmark campaign finance ruling made local TV stations very, very rich." Michael J. Socolow has this essay online at Slate.
Posted at 10:20 PM by Howard Bashman


"Supreme Court Win Could Boomerang on Republicans": Albert R. Hunt has this essay online today at Bloomberg View.
Posted at 10:18 PM by Howard Bashman


"In Sevier County, same-sex marriage could pit conservative values against wedding economy": This article appears in today's edition of The Knoxville News Sentinel.
Posted at 09:12 AM by Howard Bashman


Saturday, June 6, 2015

"Lawsuit threatens to upend solitary confinement on Va.'s death row": The Washington Post has an article that begins, "A federal lawsuit in Virginia is threatening to upend the state's practice of automatically placing death row inmates in near constant solitary confinement, and experts say it could spark similar challenges across the country to a prison practice that is increasingly being scrutinized."
Posted at 10:12 PM by Howard Bashman


"Supreme Advocate: Jeffrey Fisher, co-director of Stanford's Supreme Court Litigation Clinic, has argued more than 22 cases before SCOTUS." Stan Sinberg has this cover story in the June 2015 issue of California Lawyer magazine.
Posted at 10:05 PM by Howard Bashman


"McConnell backs away from judicial shutdown talk": Alexander Bolton of The Hill has this report today.
Posted at 10:03 PM by Howard Bashman


"Filings suggest Georgia can't explain cloudy execution drug": The Associated Press has this report.

And Chris McDaniel of BuzzFeed News has an article headlined "Georgia (Reluctantly) Releases Results Of Execution Drug Experiment; The results of the experiment don't help the state's case that its execution drug became 'cloudy' because of the cold temperature it was stored in."
Posted at 01:06 PM by Howard Bashman



"Court adds $5.4 billion to debt bill; Argentina to appeal": The Associated Press has this report.
Posted at 01:00 PM by Howard Bashman


"Appeals court upholds temporary hike in postal rate": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued yesterday.
Posted at 12:53 PM by Howard Bashman


"Texas Supreme Court judge named 'Tweeter Laureate'": The Associated Press has this report.

You can access the Twitter feed of Justice Don Willett at this link.
Posted at 12:44 PM by Howard Bashman



Friday, June 5, 2015

"Pot club, even if illegal, can collect stolen funds, court rules": Bob Egelko of The San Francisco Chronicle has this news update.

Courthouse News Service reports that "Bankrupt Lawyer Loses Appeal to Pot Dispensary."

And Law360.com reports that "Pilfering Lawyer's Weed Win Goes Up In Smoke In 9th Circ." (subscription required for full access).

You can read today's interesting ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:00 PM by Howard Bashman



"Justice Scalia takes on commencement cliches in humor-filled speech": The Washington Post has this report.
Posted at 08:46 PM by Howard Bashman


"Water rule's fate could hang on one man: Justice Kennedy." Annie Snider and Jeremy P. Jacobs of Greenwire have this report.
Posted at 05:09 PM by Howard Bashman


"U.S. court rejects American Samoans' bid for full citizenship rights": Lawrence Hurley of Reuters has this report.

The Associated Press has a report headlined "Appeals court: No birthright citizenship for American Samoa."

And at "Just Security," Steve Vladeck has a blog post titled "D.C. Circuit Rejects Birthright Citizenship for American Samoans."

Circuit Judge Janice Rogers Brown wrote today's opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.
Posted at 01:42 PM by Howard Bashman



"Feds may appeal Brooklyn judge's decision to toss 100 kiddie porn videos in perv case": The New York Daily News published this article in July 2013.

Today. a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued a decision affirming the suppression order.
Posted at 01:32 PM by Howard Bashman



"New York Court Rules for Immigrant in Fight to Become Lawyer": This article appears in today's edition of The New York Times.

You can access Wednesday's per curiam ruling of the New York State Supreme Court, Appellate Division, Second Department, at this link.
Posted at 01:26 PM by Howard Bashman



"McConnell Puts Squeeze on New Obama Federal Judges": At Roll Call, Niels Lesniewski has a blog post that begins, "President Barack Obama shouldn't be too optimistic about getting a lot of federal appeals court judges confirmed by the Senate."

And Jennifer Bendery of The Huffington Post reports that "Mitch McConnell Says Obama's Circuit Court Nominees Won't Be Confirmed Anymore."
Posted at 11:46 AM by Howard Bashman



Thursday, June 4, 2015

"Court strikes down Guam's same-sex marriage ban": The Pacific Daily News of Guam has this report.
Posted at 11:24 PM by Howard Bashman


"Guilty Until Proven Innocent: The Supreme Court let a vicious Arizona law die, and conservative justices are furious." Mark Joseph Stern has this jurisprudence essay online today at Slate.
Posted at 11:04 PM by Howard Bashman


"Abercrombie ruling underscores rejection of one-size-fits-all work policies": Reuters has this report.

And at the "Democracy in America" blog of The Economist, Steven Mazie has a post titled "Religion in the workplace: Bias unveiled."
Posted at 08:30 PM by Howard Bashman



"D.C. Circuit tosses suit brought by injured military contractors": Reuters has this report today about a ruling that the U.S. Court of Appeals for the D.C. Circuit issued on Tuesday.
Posted at 08:03 PM by Howard Bashman


"HHS's Burwell Sees Spike in Uninsured if Supreme Court Rules Against Health Law; Health and Human Services secretary says health law has improved care quality and affordability": Louise Radnofsky and Thomas M. Burton of The Wall Street Journal have this report.
Posted at 07:54 PM by Howard Bashman


"Supreme Court Justice Antonin Scalia Serves as Stone Ridge Commencement Speaker": Montgomery Community Media of Rockville, Maryland has this report.
Posted at 07:46 PM by Howard Bashman


"Appeals court wants more briefs in Obama immigration fight": Josh Gerstein of Politico.com has a blog post that begins, "A little more than a week after denying President Barack Obama's effort to move forward with controversial executive actions on immigration, a federal appeals court has ordered both sides in the case to file new legal briefs."
Posted at 05:09 PM by Howard Bashman


Wednesday, June 3, 2015

Programming note: On Thursday morning, I will be meeting in northeastern Pennsylvania with co-counsel in an appeal on which I am working. As a result, additional posts will appear here on Thursday afternoon.
Posted at 11:38 PM by Howard Bashman


"Court sides with jail officers in case involving 2007 inmate suicide": The News Service of Florida has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 10:22 PM by Howard Bashman


"US 4th circuit: Pitt County schools free from desegregation orders." The News & Observer of Raleigh, North Carolina has this report on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 10:12 PM by Howard Bashman


Unwanted faxes produce a Sixth Circuit decision worth reading: Circuit Judge David W. McKeague issued an interesting and highly readable decision today in a case captioned Sandusky Wellness Center v. Medco Health Solutions.
Posted at 08:12 PM by Howard Bashman


"Amgen, Novartis Battle in U.S. Court Over Neupogen Copycat": Susan Decker of Bloomberg News has this report.

And Diane Bartz of Reuters reports that "Novartis tries to get U.S. ban lifted on sale of Neupogen copycat."

You can access via this link (11.7 MB mp3 audio file) the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Federal Circuit.
Posted at 07:58 PM by Howard Bashman



"Justices Urged to Provide More Access to Financial Disclosures; House Transparency Caucus seeks SCOTUS finance sunshine": Mike Sacks has this post today at "The BLT: The Blog of Legal Times."
Posted at 07:26 PM by Howard Bashman


"Colowyo Coal to appeal federal ruling on permits for Craig-area mine": The Denver Post has this report.

And The Associated Press reports that "Colorado coal mine appeals climate change court ruling."
Posted at 07:18 PM by Howard Bashman



"Hearing next week for Pa. appeals court nominee": The Morning Call of Allentown, Pennsylvania has a news update that begins, "After controversy over why his nomination has remained pending, a Pennsylvania appeals court nominee will get his day before a Senate panel next week."

You can view the Senate Judiciary Committee's hearing notice at this link.
Posted at 07:11 PM by Howard Bashman



"How do justices weigh loss of health insurance for millions?" Mark Sherman of The Associated Press has this report.
Posted at 02:56 PM by Howard Bashman


"Judge disputes state's execution of convicted rapist-murderer": Bob Egelko of The San Francisco Chronicle has an article that begins, "A federal appeals court judge says a convicted rapist-murderer who was executed at San Quentin in 1998 was 'likely innocent' of a capital crime and was put to death only because of a U.S. Supreme Court ruling that barred a lower court from considering the merits of his case."

My most recent earlier coverage appears at this link.
Posted at 02:48 PM by Howard Bashman



"U.S. Appeals Court overturns death sentence for man who killed sheriff's deputy": This front page article appears in today's edition of The Reporter-Times of Martinsville, Indiana.

And The Associated Press reports that "7th US Circuit Court of Appeals throws out Pruitt death sentence in 2001 deputy shooting."

You can access yesterday's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 01:48 PM by Howard Bashman



"Appeals court: no immunity for Casaus." The Albuquerque Journal has an article that begins, "The wrongful death lawsuit filed by the family of a young woman killed in a crash by a police sergeant speeding through a red light will move forward based on a 10th Circuit Court of Appeals ruling Tuesday."

Circuit Judge Neil M. Gorsuch wrote yesterday's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit, and for good measure Judge Gorsuch also added a concurring opinion.
Posted at 01:44 PM by Howard Bashman



"Former Wallingford fire captain found guilty of arson; George Allen, 29, denied setting two dozen blazes": The Burlington (Vt.) Free Press published this article back in July 2013.

Today. a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued a decision affirming the defendant's conviction.
Posted at 01:26 PM by Howard Bashman



"Feds, not states, have last word on death penalty": Bob Egelko recently had this article in The San Francisco Chronicle. You can freely access the full text of the article via Google.
Posted at 01:15 PM by Howard Bashman


"The Subculture of Embattled Abortion Workers": Chloe Angyal has this essay online at The New Republic.
Posted at 01:12 PM by Howard Bashman


"Congress threatens Fuller with impeachment": Mary Troyan has this front page article in today's edition of The Montgomery Advertiser.

And at "The Brad Blog," Brad Friedman has a post titled "'Wife-Beating' Judge Mark Fuller Will NOT Receive Federal Pension After He 'Resigns in Shame': U.S. House Judiciary Committee Statement."
Posted at 01:10 PM by Howard Bashman



"Supreme Court Jail Suicide Case Illustrates the Breadth of Qualified Immunity": Law professor Michael C. Dorf has this essay today at Justia.com's Verdict.

He also has a related post today at "Dorf on Law" titled "Case-or-Controversy Limits and Qualified Immunity."
Posted at 01:02 PM by Howard Bashman



"Does a True Threat Require a Guilty Mind? The U.S. Supreme Court rules on a case at the intersection of First Amendment rights, violent hip-hop lyrics, and online harassment." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 12:57 PM by Howard Bashman


"Motorola's Global Tangle in Antitrust Law": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 12:54 PM by Howard Bashman


"In big EPA win, court denies challenges to ozone designations": Jeremy P. Jacobs of Greenwire has this report.

My earlier coverage of yesterday's D.C. Circuit ruling appears at this link.
Posted at 08:09 AM by Howard Bashman



"Appeals court stays release of prisoner photos": Josh Gerstein of Politico.com yesterday had a blog post that begins, "A federal appeals court issued a stay Tuesday allowing the Defense Department to keep secret about 2,000 photos of prisoners abused in U.S. military custody."
Posted at 08:05 AM by Howard Bashman


"Supreme Court To Decide Whether To Hear Four High-Stakes Cases Asking When A Suit May Be Litigated As A Class Action": Tim Bishop and Chad Clamage have this post at Mayer Brown's "Class Defense" blog.
Posted at 08:02 AM by Howard Bashman


Tuesday, June 2, 2015

"State to create new lethal injection method under legal settlement": Maura Dolan of The Los Angeles Times has this news update.

Howard Mintz of The San Jose Mercury News has a report headlined "California death penalty: state agrees to propose execution method."

And The Sacramento Bee reports that "State agrees to draft one-drug protocol for lethal injection executions."
Posted at 10:23 PM by Howard Bashman



"Your Socks Can No Longer Get You Deported: The Supreme Court's logical, humane decision." Mark Joseph Stern has this jurisprudence essay online today at Slate.
Posted at 10:16 PM by Howard Bashman


"When I was an AUSA . . . , I prosecuted a case involving 26 canisters that were supposed to be filled with bull semen." So begins a post titled "The Legal Logic of the Case Against Hastert" that Jeffrey Toobin has online today at The New Yorker.
Posted at 08:27 PM by Howard Bashman


"Tampa man at center of U.S. Supreme Court bankruptcy ruling": The Tampa Bay Times has an article that begins, "A green and white house in Tampa, home to a retired social worker and his 10 dogs, is at the heart of a U.S. Supreme Court ruling affecting thousands of people in bankruptcy who are underwater on their mortgages."

And today's edition of The New York Times contains an article headlined "Justices Curb Bankruptcy Filers' Ability to Have Second Mortgages Canceled."
Posted at 08:17 PM by Howard Bashman



"6.4 Million Could Lose Obamacare Subsidies Under Supreme Court Ruling; That's how many people are receiving financial help on the federal health exchange": Dylan Scott of National Journal has this report.
Posted at 08:14 PM by Howard Bashman


"Supreme Court unleashes its inner libertarian": Jeffrey Toobin has this essay today at CNN.com.
Posted at 08:10 PM by Howard Bashman


"Supreme Court asked to resolve Jim Thorpe case": Chris Palmer of The Philadelphia Inquirer has this news update.

The Associated Press reports that "Jim Thorpe's sons ask Supreme Court to allow reburial."

Via WSJ.com's "Law Blog," you can view the petition for writ of certiorari at this link.
Posted at 07:40 PM by Howard Bashman



"Goodlatte & Conyers Statement on Judge Fuller Resignation": The House Judiciary Committee issued this press release today.
Posted at 03:06 PM by Howard Bashman


"Utah defends anti-polygamy law, saying it prevents abuse": The Associated Press has this report.
Posted at 02:33 PM by Howard Bashman


"Washington florist files for state Supreme Court review in gay marriage case; She says her constitutional rights were violated in lawsuit": Cheryl Wetzstein of The Washington Times has this report.

And The Tri-City Herald of Kennewick, Washington reports that "Attorneys file brief with state Supreme Court in Arlene's Flowers case."

You can view at this link the appellants' Statement of Grounds for Direct Review filed yesterday in the Washington State Supreme Court.
Posted at 01:37 PM by Howard Bashman



"Bharara eyes Supreme Court insider-trading case review": Kevin McCoy of USA Today has an article that begins, "Undeterred by a federal appeals court rejection, Manhattan federal prosecutors are weighing an appeal of a precedent-setting insider-trading case to the nation's highest court."
Posted at 01:27 PM by Howard Bashman


"Marriage equality cases languish before elected judges": Billy Corriher and Eric Lesh have this op-ed online at The Los Angeles Times.
Posted at 01:24 PM by Howard Bashman


"Should Supreme Court litigants be more aggressive?" Sasha Volokh had this post yesterday at "The Volokh Conspiracy."
Posted at 01:22 PM by Howard Bashman


"Appeals court sides with EPA on air pollution limits": The Associated Press has this report.

And The Hill reports that "Court rejects challenge to EPA's ozone powers."

You can access today's 87-page per curiam opinion of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:03 PM by Howard Bashman



"The Greatest Concurrence Ever? Maybe...." David Lat has this post today at "Above the Law."
Posted at 11:32 AM by Howard Bashman


"The Mezzanine of the Criminal Justice System": Steve Klepper has this post today at the "Maryland Appellate Blog."
Posted at 10:38 AM by Howard Bashman


"Walker would sign abortion bill with no rape, incest exception": Jason Stein of The Milwaukee Journal Sentinel has an article that begins, "Gov. Scott Walker said Monday he's prepared to sign a 20-week abortion ban bill that has no exception for cases of rape or incest."

And The Associated Press has a report headlined "Expert: Wisconsin's 20-week abortion ban bill could backfire."

In other coverage, Brad Knickerbocker of The Christian Science Monitor has an article headlined "Is the ground shifting under abortion? Polls, court rulings seem to say so; Gallup finds increasing support for the pro-choice view on abortion as liberals now match conservatives on social issues for the first time since 1999; Will this impact the 2016 presidential election?"
Posted at 10:32 AM by Howard Bashman



"Supreme Court has a chance to distinguish legitimate class-action grievance from grift": John Engler has this op-ed online at The Washington Times.
Posted at 10:28 AM by Howard Bashman


"Supreme Court rules for Tulsa woman in Abercrombie & Fitch head-covering case": Today's edition of The Tulsa World contains this front page article.

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Justices: Retailer Can't Refuse To Hire Someone Because She Wears Hijab."

And on today's broadcast of "Morning Edition," Totenberg had an audio segment titled "Religious Groups, Businesses Review Supreme Court's Headscarf Ruling."
Posted at 10:22 AM by Howard Bashman



"Supreme Court rules on headscarf dress code discrimination, threatening speech online": This video segment featuring Marcia Coyle appeared on yesterday evening's broadcast of the PBS NewsHour.
Posted at 10:18 AM by Howard Bashman


"Supreme Court justice tells Broward students to make most of 'best chance'": The South Florida Sun-Sentinel has an article that begins, "U.S. Supreme Court Justice Sonia Sotomayor was greeted by a standing ovation and thunderous applause from students and parents as she took the stage at the Pompano Beach Middle School end-of-year award ceremony Monday evening."
Posted at 08:23 AM by Howard Bashman


"Microsoft and the IRS Are Fighting Again": Richard Rubin and Dina Bass of Bloomberg News have a report that begins, "Microsoft Corp. and the IRS are back in court, this time fighting about the U.S. tax agency's interest in hiring David Boies, the lawyer who beat Microsoft in an antitrust case in 2000."
Posted at 08:20 AM by Howard Bashman


"What the Abercrombie Bias Case Might Mean for Obamacare: A prequel on the question of how to interpret federal statutes." Paul Barrett of Bloomberg News has this report.
Posted at 08:14 AM by Howard Bashman


Monday, June 1, 2015

Fourth Circuit issues all but footnote 10 of panel's opinion under seal, which at least allows the judges to argue over footnote 10's propriety: It's thankfully quite rare for a federal appellate court to issue an opinion under seal. It is even more rare for an opinion to be issued under seal except for one footnote.

And the reason that footnote wasn't kept under seal is because it was the subject of a concurrence in part (devoted to explaining why the author didn't join in the footnote) and a concurrence by the third judge on the panel in strong defense of the footnote.
Posted at 11:04 PM by Howard Bashman



"Stripped to its pith, plaintiffs' position is that the U.S. Constitution requires the state of Kansas to grant its political subdivisions unlimited taxing and budget authority." Public school funding remains a very controversial issue in Kansas state court, but today the issue was the subject of a ruling from the U.S. Court of Appeals for the Tenth Circuit.

Apparently the residents of affluent areas of Kansas would like to pay more in local taxes to obtain higher quality public school educations for the youngest residents of those areas. Today, a unanimous three-judge Tenth Circuit panel rejected a lawsuit that would have allowed affluent areas of Kansas to provide more financial resources for public schools raised via local taxation than are available throughout the rest of the state.
Posted at 10:50 PM by Howard Bashman



Concurring opinion of the day? Senior Circuit Judge Richard D. Cudahy today issued a concurring opinion that consisted entirely of the following:
Unfortunately; and I think the opinion must be stamped with a large "MAYBE."
Circuit Judge Richard A. Posner wrote the opinion of the court on behalf of a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 09:00 PM by Howard Bashman


"High court declines to weigh in on Arizona no-bail law": Michael Kiefer of The Arizona Republic has this report.

Howard Fischer of The Arizona Daily Star has a news update headlined "Supreme Court: No-go on Arizona's no-bail law."

And David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court rejects Arizona appeal over law to ban bail for immigrants."
Posted at 08:44 PM by Howard Bashman



"Ellen Pao will appeal gender discrimination case against Kleiner": Sarah McBride and Dan Levine of Reuters have this report.
Posted at 08:37 PM by Howard Bashman


"Are You Threatening Me? The Supreme Court wants to know what this vile Facebook poster was thinking." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:34 PM by Howard Bashman


Lyle Denniston of "SCOTUSblog" is reporting: In coverage of today's two major U.S. Supreme Court rulings, he has posts titled "Internet threats still in legal limbo?" and "New shield against religious bias."
Posted at 06:17 PM by Howard Bashman


"A 'view' from the Courtroom: Elonis and other June 1 decisions." Mark Walsh has this post at "SCOTUSblog."
Posted at 06:14 PM by Howard Bashman


"Another Arizona immigration law dismantled by the courts": The Associated Press has this report.
Posted at 05:28 PM by Howard Bashman


"Supreme Court Overturns Conviction for Threats on Facebook; Justices say prosecutors must prove intention to follow through on threats": Brent Kendall of The Wall Street Journal has this report.

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Facebook Threats Case Is Hardly Over."
Posted at 05:24 PM by Howard Bashman



"Abercrombie Headscarf Case Splits Conservatives": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 05:21 PM by Howard Bashman


"Panel found possible grounds for impeaching judge Mark Fuller": Kyle Whitmire of AL.com has this report.

You can view at this link today's order of the Judicial Council of the U.S. Court of Appeals for the Eleventh Circuit.
Posted at 05:14 PM by Howard Bashman



"Muslim Woman Denied Job Over Head Scarf Wins in Supreme Court": Adam Liptak of The New York Times has this news update.

David G. Savage of The Los Angeles Times has a news update headlined "High court rules in favor of hijab-wearing job applicant who was turned down."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Sides With Muslim Abercrombie Job Applicant over Head Scarf; High Court says Samantha Elauf can raise religious discrimination claims."

Tom Howell Jr. of The Washington Times has a news update headlined "Supreme Court sides with Muslim teen over Abercrombie in headscarf case."

Chris Casteel of The Oklahoman has a news update headlined "Tulsa woman wins headscarf case against Abercrombie & Fitch."

Greg Stohr of Bloomberg News reports that "Worker Religious Rights Backed by U.S. Court in Scarf Case."

Ariane de Vogue of CNN.com reports that "SCOTUS rules in favor of Muslim woman in suit against Abercrombie and Fitch over head covering."

And Marianne LeVine of Politico.com reports that "Supreme Court rules against Abercrombie in hijab case."
Posted at 01:23 PM by Howard Bashman



"Supreme Court Overturns Conviction in Online Threats Case": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court throws out conviction for violent Facebook postings."

David G. Savage of The Los Angeles Times has a news update headlined "Man who ranted on Facebook about estranged wife wins Supreme Court ruling."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court reverses conviction."

Ariane de Vogue of CNN.com reports that "SCOTUS rules in favor of man convicted of posting threatening messages on Facebook."

Chris Mondics of The Philadelphia Inquirer has a news update headlined "U.S. Supreme Court overturns Allentown man's conviction for social media death threats against his wife."

Peter Hall of The Morning Call of Allentown, Pennsylvania has a news update headlined "U.S. Supreme Court rules in Lehigh Valley man's favor in Facebook threats case."

And Tony Rhodin of The Express-Times of Easton, Pennsylvania has a news update headlined "'Tone Dougie' prevails in Facebook threats case before U.S. Supreme Court."
Posted at 01:07 PM by Howard Bashman



"The Calm Before the Storm: The biggest decisions of the Supreme Court term are right around the corner; Major abortion cases might not be far behind." Slate has posted online today this "Amicus" podcast featuring Dahlia Lithwick with guests Tom Goldstein and Jessica Mason Pieklo.
Posted at 12:56 PM by Howard Bashman


"Celebrity Justice: Supreme Court Edition." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has posted this essay online at SSRN.

Hasen's study is featured in tomorrow's installment of Adam Liptak's "Sidebar" column in The New York Times, headlined "Justices Get Out More, but Calendars Aren't Open to Just Anyone."
Posted at 11:05 AM by Howard Bashman



"After Lethal Injection: Three states, three ways to kill a human being." Maurice Chammah, Andrew Cohen, and Eli Hager have this feature online today at The Marshall Project.

In the June 2015 issue of Texas Monthly, Mimi Swartz has an article headlined "Appeal to Reason: How a prominent death penalty lawyer was wronged -- and how the Supreme Court can make things right."

And The Arizona Republic has an article headlined "Arizona attorney fights for humane deaths or none at all."
Posted at 11:02 AM by Howard Bashman



"Honoring Ruth Bader Ginsburg: Supreme Court associate justice receives Radcliffe Medal for her career battling for individual rights." The Harvard Gazette has this report.

And in related coverage, Harvard Magazine has a report headlined "The Roberts Court."
Posted at 10:52 AM by Howard Bashman



"GOP hits another roadblock on Obamacare repeal: After winning both chambers of Congress, they thought they could get a repeal bill to the president's desk; It's turning out to be more complicated than that." Rachael Bade and Jennifer Haberkorn of Politico.com have this report today.
Posted at 10:45 AM by Howard Bashman


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

1. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Mellouli v. Lynch, No. 13-1034. Justice Clarence Thomas issued a dissenting opinion, in which Justice Samuel A. Alito, Jr. joined. You can access the oral argument via this link.

2. Justice Thomas delivered the opinion of the Court in Bank of America, N.A. v. Caulkett, No. 13-1421. Three Justices -- Justices Anthony M. Kennedy, Stephen G. Breyer, and Sonia Sotomayor -- did not join in the decision's lone footnote. You can access the oral argument via this link.

3. Justice Antonin Scalia delivered the opinion of the Court in EEOC v. Abercrombie & Fitch Stores, Inc., No. 14-86. Justice Alito issued an opinion concurring in the judgment. And Justice Thomas issued an opinion concurring in part and dissenting in part. You can access the oral argument via this link.

4. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Elonis v. United States, No. 13-983. Justice Alito issued an opinion concurring in part and dissenting in part. And Justice Thomas issued a dissenting opinion. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "High court throws out conviction for Facebook threats"; "Justices rule for Muslim denied job over headscarf"; "Justices reverse deportation of man over minor drug crime"; and "High court: Bankrupt homeowners can't void second mortgage."

Lawrence Hurley of Reuters reports that "U.S. top court throws out Pennsylvania man's conviction for Facebook threats" and "U.S. top court rules for Muslim woman denied job over head scarf."

And Richard Wolf of USA Today reports that "Violent threats on Facebook may be OK, justices rule"; "Supreme Court boosts workers who claim religious bias"; and "Justices sock it to Justice Department over drug deportations."
Posted at 10:04 AM by Howard Bashman



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

The Court in Taylor v. Barkes, No. 14-939, summarily reversed the judgment of the U.S. Court of Appeals for the Third Circuit.

And in County of Maricopa, Arizona v. Lopes-Valenzuela, No 14-825, Justice Clarence Thomas issued a dissent, in which Justice Antonin Scalia joined, from the denial of certiorari. Justice Samuel A. Alito, Jr. also noted his dissent, without opinion, from the denial of certiorari.

In early news coverage, The Associated Press has reports headlined "Justices reject bid to revive Arizona no-bail law" and "High court: Officials immune in suit over inmate suicide."

Lawrence Hurley of Reuters reports that "U.S. top court declines request to revive Arizona immigration law."

Greg Stohr of Bloomberg News reports that "Arizona County Rejected by Top Court on Immigrant Bail Law."

And Richard Wolf of USA Today reports that "Justices block law denying bail to illegal immigrants charged with felonies."
Posted at 09:33 AM by Howard Bashman



"Justices Get Out More, but Calendars Aren't Open to Just Anyone": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 08:47 AM by Howard Bashman


"'Guerrilla War' Against Lethal Injections?" Kenneth Jost had this post yesterday at his blog, "Jost on Justice."
Posted at 08:44 AM by Howard Bashman


"The Kansas Supreme Court Challenged Republicans' Agenda. Their Solution: Replace the Judges. Gov. Sam Brownback's tax-slashing crusade threatens to become a full-blown constitutional crisis." Pema Levy has this report online today at Mother Jones.
Posted at 08:04 AM by Howard Bashman


"This Could Be the Supreme Court's Busiest Month in History: The last major decision on Obamacare. The future of same-sex marriage. A potentially huge setback for civil rights. Even if you're no law junkie, this June will be riveting." Jay Michaelson has this post today at The Daily Beast.

And at Reason.com, Damon Root has a post titled "5 Supreme Court Cases to Watch in June: The High Court prepares to rule on Obamacare, gay marriage, death penalty drugs, and more."
Posted at 08:02 AM by Howard Bashman



"Majority would back Supreme Court allowing same-sex marriage": Politico.com has this report. You can view the poll results at this link.
Posted at 07:56 AM by Howard Bashman


"Pennsylvania Supreme Court race could attract millions from outside funders": Jason Laughlin has this front page article in today's edition of The Philadelphia Inquirer.
Posted at 07:50 AM by Howard Bashman






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