How Appealing

Friday, July 31, 2015

Ninth Circuit affirms dismissal of privacy-related class action against Netflix: You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:40 PM by Howard Bashman


"The Next Wave of Court Challenges to Obama's Legacy -- Part One: The Meaning of King v. Burwell." Simon Lazarus has this post today at "Balkinization."
Posted at 01:36 PM by Howard Bashman


"Roberts at 10: Chief Justice Roberts and Big Business." The Constitutional Accountability Center yesterday posted online this report, written by Tom Donnelly.
Posted at 01:34 PM by Howard Bashman


"Qualcomm wins appeal in $173 mln ParkerVision case": Reuters has this report.

And Bloomberg News reports that "ParkerVision Plunges After Losing Appeal in Qualcomm Case."

You can access today's non-precedential ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 01:28 PM by Howard Bashman



"Confirm Judge Restrepo": Law professor Carl Tobias has this essay online at The Pittsburgh Tribune-Review.
Posted at 12:55 PM by Howard Bashman


"Guantanamo base searching records amid cancer scare": Carol Rosenberg of The Miami Herald has this report.
Posted at 12:50 PM by Howard Bashman


"Justice: 'Work of freedom is never done'; Anthony Kennedy addresses capacity crowd in Sun Valley." This front page article appears in today's edition of the Idaho Mountain Express of Ketchum, Idaho.

And Ben Winslow of Fox 13 News in Salt Lake City reports that "U.S. Supreme Court Justice Kennedy references same-sex marriage in speech to Utah lawyers."
Posted at 09:22 AM by Howard Bashman



Thursday, July 30, 2015

"The Never-Ending Story: More Attacks on Obamacare's 'Contraceptive Mandate.'" Kimberly Robinson has this post today at U.S. Law Week's "On the Merits" blog.
Posted at 07:38 PM by Howard Bashman


"U.S. appeals major insider trading case": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 07:32 PM by Howard Bashman


"Outcome of trial on N.C. election law changes will have national effect": Robert Barnes of The Washington Post has this report.
Posted at 01:54 PM by Howard Bashman


"Sen. Grassley blocks judges, tells Schumer: 'Put that in your pipe and smoke it.'" The Hill has this report.

And Seung Min Kim of Politico.com has an article headlined "'Put that in your pipe and smoke it,' Chuck Grassley tells Chuck Schumer on judges."
Posted at 01:22 PM by Howard Bashman



"Obama's Clean Power Plan faces tough legal scrutiny": Lawrence Hurley of Reuters has this report.
Posted at 01:18 PM by Howard Bashman


"Google Fails to Overturn Microsoft's Patent Royalty Victory": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

And Reuters reports that "Google loses bid to overturn low-cost patent licenses to Microsoft."

My earlier coverage of the oral argument (YouTube video link) of this appeal can be accessed here.

Kathleen M. Sullivan argued the appeal for Google, while Carter G. Phillips argued for Microsoft.
Posted at 01:16 PM by Howard Bashman



"U.S. asks Supreme Court to reverse major insider trading ruling": Lawrence Hurley of Reuters has this report.

Bloomberg News reports that "U.S. Asks Supreme Court to Review Insider-Trading Ruling."

And The Associated Press reports that "Prosecutors ask justices to review insider trading case."

You can view the petition for writ of certiorari at this link.
Posted at 01:06 PM by Howard Bashman



"Appeals court: Kansas abortion opponent must stand trial." The Associated Press has this report.

My earlier coverage of Tuesday's 2-to-1 Tenth Circuit ruling appears at this link.
Posted at 09:10 AM by Howard Bashman



"US court says drug-sniffing dog fails the smell test": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued Tuesday.
Posted at 09:02 AM by Howard Bashman


"Court reinstates 'roadless' rule for Tongass; Close vote by full panel of judges is major defeat for state's effort to revive the Southeast timber industry": This front page article appears in today's edition of Alaska Dispatch News.

My earlier coverage of yesterday's 6-to-5 en banc Ninth Circuit ruling appears at this link.
Posted at 09:00 AM by Howard Bashman



"Ruth Bader Ginsburg Reflects On A Polarizing Term One Month Out; 'It's hard not to have a big year at the Supreme Court,' she said": Samantha Lachman and Ashley Alman of The Huffington Post have this report.

And at the "First Draft" blog of The New York Times, Adam Liptak has a post titled "Justice Ginsburg Discusses Disappointment and the Notorious B.I.G."
Posted at 08:46 AM by Howard Bashman



Wednesday, July 29, 2015

"7th Circuit roundly rejects 3rd Circuit 'ascertainability' framework": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.

My earlier coverage of yesterday's Seventh Circuit ruling appears at this link.
Posted at 04:06 PM by Howard Bashman



Access Fix the Court's Term-end report: At this link.
Posted at 03:16 PM by Howard Bashman


Sharply divided en banc Ninth Circuit upholds district court's reinstatement of the Tongass Forest Roadless Rule: You can access today's 6-to-5 ruling of the en banc U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:17 PM by Howard Bashman


"Wheaton College ends coverage amid fight against birth control mandate": The Chicago Tribune has a news update that begins, "Taking a firm stand against Obamacare's controversial contraception mandate, Wheaton College on Friday will stop providing any health insurance for students."

My most recent coverage of this matter can be accessed here. As the Seventh Circuit's decision issued earlier this month explains, Wheaton College has argued that the Affordable Care Act makes Wheaton complicit in the provision of emergency-contraceptive coverage to its employees and students. Presumably Wheaton will still have employees, and thus its decision to exit the student health insurance market provides only a partial solution.
Posted at 12:54 PM by Howard Bashman



"Ivy Honors and the Justices": John O. McGinnis had this post recently at the "Library of Law and Liberty" blog.
Posted at 12:40 PM by Howard Bashman


"A Dream Undone: Inside the 50-year campaign to roll back the Voting Rights Act." Jim Rutenberg has this article online today at The New York Times Magazine.
Posted at 12:35 PM by Howard Bashman


"Obamacare case to be turned against government on emissions rule": Lawrence Hurley of Reuters has this report.
Posted at 12:24 PM by Howard Bashman


"Federal court says state can enforce 'docs vs. glocks' law": The Associated Press has this report on an amended ruling that a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued yesterday on panel rehearing.

And in other coverage, Jim Saunders of News Service of Florida reports that "Appeals court upholds doctor-patient gun law."
Posted at 08:26 AM by Howard Bashman



Tuesday, July 28, 2015

"Woman: Letter to doctor did not intend 'true threat.'" This article appeared in The Wichita Eagle back in April 2011 reporting on a civil case that the United States brought against the author of the letter in question under a federal law known as the Freedom of Access to Clinic Entrances Act.

Ultimately, the district court agreed with the defendant and entered summary judgment against the United States. The federal government appealed, and today the majority on a divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued a ruling that reinstates the case.
Posted at 11:58 PM by Howard Bashman



Seventh Circuit rejects Third Circuit's heightened "ascertainability" requirement for Rule 23(b)(3) class actions: You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 11:48 PM by Howard Bashman


Third Circuit gold coin saga isn't over yet: On April 17, 2015, I had this post reporting on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued that day in a case captioned Langbord v. United States Dep't of the Treasury.

Today, the Third Circuit issued this order granting rehearing en banc in the case.
Posted at 10:45 PM by Howard Bashman



In the August 2015 issue of ABA Journal magazine: Mark Walsh has an article headlined "Supreme Court's Abercrombie ruling marks a setback for employers."

Lorelei Laird has an article headlined "Judge's movie night brings the court and the public closer together."

Stephanie Francis Ward has an article headlined "Courts are giving reduced terms to many child-porn defendants."

And the new installment of Bryan A. Garner's "On Words" column is headlined "The Bluebook's 20th edition prompts many musings from Bryan Garner."
Posted at 10:40 PM by Howard Bashman



"Appointment of Russ Brown extends Harper's influence on Supreme Court": Sean Fine has this front page article in today's edition of The Toronto Globe and Mail.

And Ian MacLeod of The Ottawa Citizen has an article headlined "The art of judging, not ideologies, govern Supreme Court, say experts."
Posted at 10:30 PM by Howard Bashman



"Bill Kuebler, Pentagon-appointed lawyer who fought for Omar Khadr, has died at 44": Columnist Steven Edwards has this front page essay in today's edition of The Ottawa Citizen.

In related news, Reuters reports that "U.S. Navy investigates report of cancer cluster at Guantanamo."

And Carol Rosenberg of The Miami Herald has an article headlined "Cancer connection? Guantanamo lawyers anxious about ill colleagues, 3 deaths."
Posted at 10:16 PM by Howard Bashman



"Appeals court orders resentencing for NOPD officer who burned Henry Glover's body": Andy Grimm of The Times-Picayune of New Orleans has this report.

And The Associated Press reports that "1 count thrown out, 2 upheld in Katrina burned body case."

You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 07:28 PM by Howard Bashman



"U.S. appeals court upholds bulk of Obama air pollution rule": Lawrence Hurley of Reuters has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

In other coverage, The Associated Press reports that "Court orders EPA to redo air-pollution limits in 13 states."

And Bloomberg News reports that "EPA Ordered to Review Limits on Cross-Border Coal Emissions."
Posted at 07:18 PM by Howard Bashman



"SCOTUS Halliburton ruling finally helps a defendant -- Halliburton!" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 07:15 PM by Howard Bashman


"Chattanooga Man Who Declared He Was 'An Innocent Man' On Child Pornography Charges Gets Conviction, 24-Year Sentence Overturned": Chattanoogan.com has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 07:10 PM by Howard Bashman


"Does Lincoln Caplan Know Up from Down on Judicial Ethics?" Ed Whelan has this post today at the Bench Memos blog of National Review.
Posted at 12:58 PM by Howard Bashman


"Lawrence resident stepping down as chief judge of 10th Circuit Court of Appeals": The Lawrence (Kan.) Journal-World has this report.
Posted at 10:34 AM by Howard Bashman


"A Sikh, a Jew, a Muslim and a Catholic: Funniest Moments from the Supreme Court's 2014 Term." Kimberly Robinson has this post at U.S. Law Week's "On the Merits" blog.
Posted at 10:30 AM by Howard Bashman


"Damon Keith biography sales exceed 10,000 copies": The Detroit Free Press has this report.
Posted at 10:27 AM by Howard Bashman


"Does the Supreme Court Need a Code of Conduct?" Lincoln Caplan has this post online at The New Yorker.
Posted at 10:02 AM by Howard Bashman


"Et Tu, Tribe? Laurence Tribe, the president's longtime confidant, is fighting the White House climate plan on behalf of Big Coal; His friends are furious at him, which breaks his heart." Andrew Rice has this article in the current issue of New York magazine.
Posted at 09:58 AM by Howard Bashman


"Are Voters Ready to Cast a Vote Against the Supreme Court? With an unprecedented four justices turning 78 or older by Election Day, the next president will be in prime position to reshape the court." Greg Stohr of Bloomberg News has this report.
Posted at 09:57 AM by Howard Bashman


"Gay Rights May Come at the Cost of Religious Freedom; Anti-discrimination statutes are coming into conflict with laws designed to preserve freedom of conscience, especially in the private sector": Emma Green has this article online at The Atlantic.
Posted at 08:45 AM by Howard Bashman


"Court rejects state's attempt to keep monument at Capitol": This front page article appears in today's edition of The Oklahoman.

Reuters reports that "Oklahoma top court reaffirms Ten Commandments stone at Capitol must go."

And The Associated Press has a report headlined "Oklahoma court: Ten Commandments monument at Capitol must go."
Posted at 08:42 AM by Howard Bashman



"New Tenth Circuit Chief Judge": The U.S. Court of Appeals for the Tenth Circuit will have a new chief judge effective September 30, 2015. Lest you think that's not newsworthy enough for an announcement issued some two months earlier, that court's Circuit Executive's Office yesterday issued this news release proving you wrong.
Posted at 08:35 AM by Howard Bashman


"Mountain goats and government discretion": Benjamin Gould has this post at his "Appellate Briefs" blog about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 08:33 AM by Howard Bashman


"Federal appeals court upholds California's shark fin ban": The Associated Press has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.

And in other coverage, Bob Egelko of The San Francisco Chronicle reports that "U.S. court upholds California ban on shark fins."

Coming less than a week after the television debut of "Sharknado 3: Oh Hell No!," the decision kicks off the long-awaited shark week in the federal appellate courts.
Posted at 08:25 AM by Howard Bashman



Access online yesterday's nude dancing ruling of the U.S. Court of Appeals for the Seventh Circuit: At this link.
Posted at 08:20 AM by Howard Bashman


"Appeals Court Declines to Revive Ford, IBM Apartheid Suit": Bob Van Voris of Bloomberg News has this report.

Jonathan Stempel of Reuters reports that "U.S. court rejects appeal of apartheid lawsuits against Ford, IBM."

And The Associated Press reports that "US appeals court rejects apartheid cases against Ford, IBM."

You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 08:12 AM by Howard Bashman



Monday, July 27, 2015

"The GOP's judicial logjam": Juan Williams has this essay online today at The Hill.
Posted at 10:24 PM by Howard Bashman


"Clock Is Ticking for Decision on Landmark Insider-Trading Ruling": Bob Van Voris and Patricia Hurtado of Bloomberg News have a report that begins, "Time is running out for the U.S. to ask the Supreme Court to review a ruling that could lay the framework for how insider trading will be prosecuted for years to come."
Posted at 08:23 PM by Howard Bashman


"Bulger attorneys appeal for new trial": The Boston Globe has this news update.

Laurel J. Sweet of The Boston Herald has a news update headlined "Bulger decision to not testify hampers his retrial effort."

The Associated Press reports that "Lawyers for 'Whitey' Bulger ask court to overturn conviction."

And Reuters has a report headlined "Boston mobster 'Whitey' Bulger was denied right to testify: lawyer."
Posted at 08:20 PM by Howard Bashman



"Supreme Court unfair to Harper government, new Ontario justice says": Sean Fine has this front page article in today's edition of The Toronto Globe and Mail, along with a related front page article headlined "Legal observers urge Ottawa to revamp judicial appointment process."
Posted at 08:04 PM by Howard Bashman


"The new look at 'one person, one vote,' made simple": Lyle Denniston of "SCOTUSblog" has this post today.
Posted at 07:28 AM by Howard Bashman


Sunday, July 26, 2015

"The Supreme Court: Too liberal?" Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 10:22 PM by Howard Bashman


"State Of Georgia Sues Carl Malamud For Copyright Infringement For Publishing The State's Own Laws": Mike Masnick has this post at Techdirt.
Posted at 01:05 PM by Howard Bashman


Saturday, July 25, 2015

"Why doesn't the Supreme Court have cameras?" Gabe Roth has this essay online today at msnbc.
Posted at 01:36 PM by Howard Bashman


"Stephen Harper's courts: For a decade, the Prime Minister has been on a quest to take back the judiciary from the Liberals; Sean Fine goes inside the opaque world of judicial appointments to reveal the making of a Conservative legacy." Sean Fine has this front page article in today's edition of The Toronto Globe and Mail.
Posted at 01:34 PM by Howard Bashman


"2nd Circuit's Facebook IPO opinion is boon for corporate defendants": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 01:14 PM by Howard Bashman


Friday, July 24, 2015

"Supreme Court Justice Sonia Sotomayor returns to New York for Fordham University's 'Dream Big Day'": The New York Daily News has this report.
Posted at 08:10 PM by Howard Bashman


"Facebook defeats shareholder litigation over IPO": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 05:34 PM by Howard Bashman


"U.S. court revives investor lawsuit vs Keurig Green Mountain": Nate Raymond and Jonathan Stempel of Reuters have this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 02:51 PM by Howard Bashman


"U.S. court revives challenge to Consumer Financial Protection Bureau": Lawrence Hurley and Sarah N. Lynch of Reuters have this report.

And Sam Hananel of The Associated Press reports that "Appeals court revives challenge to consumer agency."

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

Update: In other coverage, Brent Kendall of The Wall Street Journal reports that "Appeals Court Revives Lawsuit Challenging CFPB's Constitutionality; D.C. Circuit judges say challenge of Consumer Financial Protection Bureau should be heard."
Posted at 01:30 PM by Howard Bashman



"Terrorism conviction of Miami imam upheld": Jay Weaver of The Miami Herald has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.

As readers of this post's title have no doubt noticed, "Miami imam" is almost a palindrome.
Posted at 01:17 PM by Howard Bashman



"West Virginia Judicial Commission Clears Top Justice in Ethics Matter": ABC News has this report.

And The State Journal of West Virginia reports that "West Virginia Judicial Investigation Commission clears Justice Davis, blasts critics."

You can access the commission's decision at this link.
Posted at 01:04 PM by Howard Bashman



"The Government's Dishonest Defense of Obamacare's Contraceptive Mandate": Noel J. Francisco and Paul M. Pohl have this essay online today at National Review.
Posted at 12:57 PM by Howard Bashman


"Are Cross-Border Shootings Heading to the Supreme Court?" Steve Vladeck has this post today at "Just Security" linking to this petition for writ of certiorari filed yesterday in the U.S. Supreme Court.
Posted at 12:54 PM by Howard Bashman


"Court sides with state on Plan B sales": This front page article appears in today's edition of The News Tribune of Tacoma, Washington.

And Cheryl Wetzstein and Tom Howell Jr. of The Washington Times have an article headlined "Nuns, pharmacists take prescription contraception cases to Supreme Court."
Posted at 12:46 PM by Howard Bashman



Thursday, July 23, 2015

"A Regrettable Decision: This astonishing, anti-science, states'-rights court decision begs for a ban on abortion." Dahlia Lithwick has this essay online today at Slate.

And at RH Reality Check, Jessica Mason Pieklo has a post titled "Federal Court Blocks North Dakota Heartbeat Ban, Calls on the Supreme Court to Overturn 'Roe.'"
Posted at 11:17 PM by Howard Bashman



"Appeals court wants Court to take new look at abortion": Lyle Denniston has this post today at "SCOTUSblog."

My earlier coverage of yesterday's Eighth Circuit ruling appears here and here.
Posted at 09:24 PM by Howard Bashman



"So Far, States Haven't Rushed To Embrace Execution Drug Approved By U.S. Supreme Court": Chris McDaniel of BuzzFeed News has this report.
Posted at 07:30 PM by Howard Bashman


Ninth Circuit panel rejects challenge to the constitutionality of a Washington State statute that prevents pharmacists from refraining to fill prescriptions for certain contraceptives based on the pharmacists' religious objections: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:48 PM by Howard Bashman


"To avoid this result in future cases, consideration should be given to requiring district judges to accompany their judgments in pro se cases with a statement of the options and associated deadlines for reconsideration or appeal of the judgment." Circuit Judge Richard A. Posner issued this decision today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit in a case involving an imprisoned pro se appellant.
Posted at 01:36 PM by Howard Bashman


"Is the Supreme Court headed for 'Bush v. Gore' II?" Columnist Harold Meyerson has this essay online at The Washington Post.
Posted at 01:28 PM by Howard Bashman


"Wage Lawsuit Against Skadden Arps Can Proceed, Appeals Court Says; Case could enable temporary lawyers hired for routine document review to earn extra wages": Sara Randazzo of The Wall Street Journal has this report. You can freely access the full text of the article via Google.

And Jonathan Stempel of Reuters reports that "Skadden loses ruling on overtime pay for lawyers."

Today's ruling of the U.S. Court of Appeals for the Second Circuit can be accessed here.
Posted at 01:18 PM by Howard Bashman



"'Is Polygamy Next?' as an argument for how not to answer that very question?" Kevin C. Walsh has this post today at "Mirror of Justice."
Posted at 01:10 PM by Howard Bashman


"Colorado Nuns appeal birth control ruling to Supreme Court": The Associated Press has this report.

And the Becket Fund for Religious Liberty has issued a news release titled "Little Sisters of the Poor Appeal to the Supreme Court; Forced to choose faith or massive fines, nuns seek relief."

You can view the petition for writ of certioari, on which Paul D. Clement appears as counsel of record, at this link.
Posted at 01:06 PM by Howard Bashman



"The Tweeter Laureate of Texas discusses judges' use of social media": Texas Supreme Court Justice Don Willett has this essay online at The Washington Times.
Posted at 12:57 PM by Howard Bashman


"U.S. judge faults hedge fund founder's 'chutzpah,' upholds conviction": Jonathan Stempel of Reuters has this report.

According to the article:

Rakoff also rejected what he called Whitman's contention that Carter Phillips, the prominent Supreme Court litigator, may have provided constitutionally ineffective assistance of counsel by not raising the personal benefit issue during the prior appeal.
You can access yesterday's ruling of the U.S. District Court for the Southern District of New York at this link.
Posted at 09:42 AM by Howard Bashman


"A Religion Case Too Far for the Supreme Court?" Linda Greenhouse has this essay online today at The New York Times.
Posted at 09:33 AM by Howard Bashman


"Immoral Convictions: Opponents of marriage equality are pushing a breathtakingly bad bill." Mark Joseph Stern has this jurisprudence essay online today at Slate.
Posted at 08:44 AM by Howard Bashman


"Federal Appeals Court Begs SCOTUS To Revisit Abortion Rulings; The court struck down an aggressive antiabortion law, but it said the Supreme Court has put too many limits on the states": Sam Baker of National Journal has this report.

Cheryl Wetzstein of The Washington Times reports that "'Fetal heartbeat' law struck down in North Dakota; However, ruling urges Supreme Court to re-examine its 'viability' thinking."

The Forum of Fargo, North Dakota reports that "Appeals court affirms ruling blocking ND fetal heartbeat abortion ban."

Sanya Mansoor of The Christian Science Monitor has an article headlined "Appeals Court lifts North Dakota abortion law; Who is winning the legal fight? A federal appeals court struck down a North Dakota law, considered by some as one of the most restrictive anti-abortion laws in the country."

Reuters reports that "Appeals court permanently blocks N. Dakota 'heartbeat' abortion ban."

And Jennifer Haberkorn of Politico.com reports that "North Dakota's six-week abortion ban struck."

My earlier coverage of yesterday's Eighth Circuit ruling appears at this link.
Posted at 08:42 AM by Howard Bashman



"Does it matter who wins the Microsoft Ireland warrant case?" Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 08:32 AM by Howard Bashman


"'Somersaults of Statutory Interpretation': Justice Scalia warns that his fellow justices' opinions are a danger to the nation." Alan B. Morrison has this jurisprudence essay online at Slate.
Posted at 08:30 AM by Howard Bashman


Wednesday, July 22, 2015

"3rd Circuit orders do-over for Volvo sunroof-drainage classes": Reuters has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 10:32 PM by Howard Bashman


"Baked in the cake: Legal battles follow gay marriage ruling." Richard Wolf of USA Today has this report.
Posted at 10:02 PM by Howard Bashman


"Omnicare's early impact: mixed and muted." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 09:57 PM by Howard Bashman


"Supreme Court activism prompts conservative calls for limits on judiciary": Cheryl Wetzstein of The Washington Times has this report.

The Washington Post has a report headlined "Cruz: Inject political process into Supreme Court decision-making."

The Los Angeles Times reports that "Ted Cruz takes on Supreme Court in bid for Republican voters' attention."

Colby Bermel of National Journal has an article headlined "Ted Cruz Sits in Judgment of the Supreme Court; The Texas Republican derides Justice Anthony Kennedy's 'pop psychology.'"

Igor Bobic of The Huffington Post reports that "Ted Cruz Calls Gay Marriage Ruling The 'Very Definition Of Tyranny'; The senator is 'horrified' by the Supreme Court's 'abuses.'"

The Hill reports that "Cruz pushes retention elections for Supreme Court justices."

And msnbc.com reports that "Ted Cruz goes after Supreme Court for 'judicial tyranny.'"
Posted at 09:48 PM by Howard Bashman



"If Obama Can't Close Guantanamo": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 08:47 PM by Howard Bashman


"Olson, Boies call for new federal LGBT protections": Adam B. Lerner of Politico.com has this report.
Posted at 08:22 PM by Howard Bashman


"9 Alabama counties still not issuing gay marriage licenses": The Associated Press has this report.
Posted at 05:55 PM by Howard Bashman


"Republican Cruz uses Senate perch to blast Supreme Court": Lawrence Hurley of Reuters has this report.
Posted at 05:52 PM by Howard Bashman


"With Prejudice: Supreme Court Activism and Possible Solutions." This Senate Judiciary Committee hearing is scheduled to begin momentarily, and you can view the video of the hearing live, online via this link.
Posted at 01:40 PM by Howard Bashman


"Appeals court OKs tossing strict North Dakota abortion law": The Associated Press has a report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.

Part III of the opinion, which Circuit Judge Bobby E. Shepherd issued on behalf of a unanimous three-judge panel consisting of only Republican appointees, contains a call for the U.S. Supreme Court to reevaluate its abortion jurisprudence to allow states to enact broader abortion bans.
Posted at 01:32 PM by Howard Bashman



"Appeals court rejects judge's order that a man not have sex without contraception": Tony Rizzo of The Kansas City Star has this report.

And The Associated Press reports that "Appeals panel rejects no-sex-without-contraception order."

You can access yesterday's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 01:16 PM by Howard Bashman



"Do religious rights trump order to issue marriage licenses? A federal judge said Monday he would rule on whether the Rowan County Clerk should be required to issue marriage licenses to same-sex couples." James Pilcher of The Cincinnati Enquirer has this report.
Posted at 01:08 PM by Howard Bashman


"Facebook Loses Appeal on New York Search Warrants": James C. McKinley Jr. has this article in today's edition of The New York Times reporting on a ruling that the New York State Supreme Court, Appellate Division, First Department issued yesterday.

In other coverage, The Associated Press reports that "Facebook loses in clash with prosecutors over users' data."

And today at "The Volokh Conspiracy," Orin Kerr has a post titled "Facebook cannot challenge warrant on behalf of its users."
Posted at 01:05 PM by Howard Bashman



"Critics of Solitary Confinement Are Buoyed as Obama Embraces Their Cause": This article appears in today's edition of The New York Times.
Posted at 01:00 PM by Howard Bashman


"Prosecutors drop case against Barry Bonds, without a conviction": The San Francisco Chronicle has this report.

Today's edition of The New York Times contains an article headlined "Justice Department Drops Case Against Barry Bonds."

And The Los Angeles Times reports that "Barry Bonds says Justice Department's decision to drop case gives him 'great peace.'"
Posted at 12:55 PM by Howard Bashman



"FAN 69 (First Amendment News) Justice Alito discusses four First Amendment cases in Kristol interview -- Free-Speech Jurisprudence Comes into Sharper Focus": Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 08:30 AM by Howard Bashman


"Substitute Arguments in Constitutional Law": Law professor Louis Michael Seidman has posted this article online at SSRN (via "Legal Theory Blog").
Posted at 08:27 AM by Howard Bashman


"In sum, while I agree with the majority's application of the precedent that binds our panel, that precedent is ripe for reconsideration, and we should revisit or at least reform the equitable mootness doctrine." So concludes a 38-page concurring opinion that Third Circuit Judge Cheryl Ann Krause issued yesterday.
Posted at 08:09 AM by Howard Bashman


Tuesday, July 21, 2015

"Group buys land under Mt. Soledad cross, possibly ending two-decade court fight": The Los Angeles Times has this news update.

And The San Diego Union-Tribune has a news update headlined "Cross land transferred, cross case not over; Plaintiffs to review details of land transfer to make sure it's constitutional."
Posted at 11:55 PM by Howard Bashman



"Samuel Alito and the Slippery Slope of Liberty: The conservative justice suggests progressives should be just as worried as he is about the Supreme Court's ruling on gay marriage." Russell Berman has this article online today at The Atlantic.
Posted at 10:50 PM by Howard Bashman


"Obama's Plan for Guantanamo Is Seen Faltering": Charlie Savage will have this article in Wednesday's edition of The New York Times.
Posted at 10:46 PM by Howard Bashman


"Constitution Check: What's the next big controversy on campaign finance?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:52 PM by Howard Bashman


"Scott Walker's Wisconsin and the End of Campaign-Finance Law": Lincoln Caplan has this post online today at The New Yorker.
Posted at 09:50 PM by Howard Bashman


"The 7th Circuit just made it a lot easier to sue over data breaches": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.

My earlier coverage of yesterday's Seventh Circuit ruling appears at this link.
Posted at 07:45 PM by Howard Bashman



"Court overturns some Blagojevich convictions": The Associated Press has this report on a ruling that a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 03:18 PM by Howard Bashman


"Novartis May Sell Copy of Amgen's Neupogen Drug in September": Susan Decker of Bloomberg News has this report.

And Reuters reports that "Drugmaker Novartis blocked from selling Neupogen copycat until Sept 2."

You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit, in which each of the three judges on the panel issued a separate opinion, at this link.
Posted at 02:00 PM by Howard Bashman



"Federal court upholds EPA pollutant rule": The Hill has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:52 PM by Howard Bashman


Butt dialing on appeal: The Cincinnati Enquirer has a news update headlined "Part of CVG pocket-dial case to continue" reporting on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 01:45 PM by Howard Bashman


"Update on the contraception coverage regulations and litigation": Marty Lederman had this post yesterday at "Balkinization."
Posted at 01:33 PM by Howard Bashman


"Abercrombie & Fitch settles head scarf case after Supreme Court ruling": Reuters has this report.

Earlier, The Tulsa World reported that "Abercrombie & Fitch drops appeal in Tulsa Muslim woman's employment discrimination case."
Posted at 01:30 PM by Howard Bashman



"Plaintiff in Supreme Court gay marriage ruling has book deal": The Associated Press has a report that begins, "The lead plaintiff in the landmark Supreme Court case that made gay marriage a nationwide right has a book deal."
Posted at 01:27 PM by Howard Bashman


"U.S. authorities end criminal case against Barry Bonds": Dan Levine of Reuters has an article that begins, "The U.S. Department of Justice will not appeal a court ruling that cleared baseball player Barry Bonds of obstruction of justice in a probe over steroids, effectively ending the long criminal prosecution of the sport's career home run leader."

And The Associated Press reports that "Feds end prosecution of Barry Bonds without conviction."
Posted at 01:14 PM by Howard Bashman



"Clerk 'sought God' on marriage license issue": Today's edition of The Courier-Journal of Louisville, Kentucky contains a front page article that begins, "Rowan County Clerk Kim Davis testified in federal court Monday that she prayed and fasted over her decision to refuse marriage licenses for same-sex couples and believes she is upholding her oath under the Constitution."
Posted at 12:20 PM by Howard Bashman


"The mystery of Fisher II review": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 12:18 PM by Howard Bashman


"American Samoans Seek Full D.C. Circuit Review of Panel Decision Denying Birthright Citizenship; Panel's Broad Expansion of Controversial Insular Cases Doctrine At Odds With Supreme Court and D.C. Circuit Precedent": The organization We the People issued this news release today.

You can access at this link the petition for rehearing en banc filed yesterday in the U.S. Court of Appeals for the D.C. Circuit.
Posted at 11:58 AM by Howard Bashman



"New C-SPAN/Penn Schoen Berland Poll on American Attitudes on U.S. Supreme Court: Two-thirds view Supreme Court as 'split on partisan ground' -- similar to Congress; Support for Televised Arguments Continues to Rise." C-SPAN issued this news release today. You can access the detailed survey results at this link.
Posted at 11:14 AM by Howard Bashman


"Is Polygamy Next?" Law professor William Baude has this op-ed in today's edition of The New York Times.
Posted at 09:02 AM by Howard Bashman


"When a Brief May Find a Real Friend on the Court": Andrew Ross Sorkin has this essay in today's edition of The New York Times.
Posted at 08:55 AM by Howard Bashman


"Neiman Marcus Customer Card Data Breach Suit Given New Life": Margaret Cronin Fisk of Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.
Posted at 08:40 AM by Howard Bashman


Monday, July 20, 2015

"After a year, still few clues in Dan Markel killing; Death of father, law scholar remains 'so shocking'": Jennifer Portman of The Tallahassee Democrat has this report. In addition, Sean Rossman has articles headlined "Markel the academic still missed" and "5 key questions emerge in case." And the newspaper recently published an editorial titled "Dan Markel deserves justice."
Posted at 07:48 PM by Howard Bashman


"Judge Scheindlin: Appellate Judges Know Nothing About Tech." Bloomberg BNA has this report and has posted this related video online at YouTube.
Posted at 07:30 PM by Howard Bashman


"SEC stands by ad hoc rulemaking in State Street appeals brief": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 07:22 PM by Howard Bashman


In today's mail: I received my copy of the Spring 2015 issue of The Green Bag. You can view the table of contents and access online the entire contents of the issue via this link.
Posted at 05:40 PM by Howard Bashman


"As devout Roman Catholics, they believe that they cannot pay for or participate in a healthcare plan that includes coverage for contraceptives or provide such coverage to their daughters without violating their sincerely held religious beliefs." Missouri House of Representatives member Paul Wieland today won his appeal in the U.S. Court of Appeals for the Eighth Circuit from a district court's dismissal for lack of standing of his and his wife's lawsuit challenging the Affordable Care Act's contraceptive mandate.

Earlier news coverage of the lawsuit can be accessed here and here. And the Thomas More Society has this web page devoted to news coverage of the case.
Posted at 01:26 PM by Howard Bashman



"Supreme Court's Unsigned Rulings Show a Narrow View of Rights": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 12:54 PM by Howard Bashman


"Americans favor Supreme Court term limits -- Reuters/Ipsos poll." Lawrence Hurley of Reuters has this report. You can access the survey results via this link.
Posted at 10:52 AM by Howard Bashman


"Giving Thomas His Due: The justice who stands alone." Dan McLaughlin had this article in the July 20, 2015 issue of The Weekly Standard.
Posted at 10:44 AM by Howard Bashman


"Glossip's Case a Study in Death Penalty's Flaws": Kenneth Jost had this post yesterday at his blog, "Jost on Justice."
Posted at 10:40 AM by Howard Bashman


"Kozinski Revisited -- 10 ways to become a Federal Judge by 35 . . . and more!" Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 10:35 AM by Howard Bashman


Sunday, July 19, 2015

"Justice Samuel Alito on the Supreme Court, recent Court decisions, and his education": Conversations with Bill Kristol has posted online at YouTube the video of this interview. And you can access a transcript of the interview at this link.
Posted at 09:33 PM by Howard Bashman


Saturday, July 18, 2015

"One Year Later, Police Still Asking Who Shot Florida Law Professor Dan Markel?" People magazine has this report today, on the one-year anniversary of Markel's death.
Posted at 11:50 PM by Howard Bashman


"The Law That Keeps People on Death Row Despite Flawed Trials": Emily Bazelon has this essay online at The New York Times Magazine.
Posted at 11:42 PM by Howard Bashman


"Nebraska Petition Drive Threatens to Undo Death Penalty Repeal": Julie Bosman will have this article in Sunday's edition of The New York Times.
Posted at 11:40 PM by Howard Bashman


"AP Poll: Sharp divisions after high court backs gay marriage." The Associated Press has this report. You can view the survey results at this link.
Posted at 05:44 PM by Howard Bashman


"Judges Rebuke Limits on Wiping Out Student Loan Debt": This article appears in today's edition of The New York Times.
Posted at 05:33 PM by Howard Bashman


Friday, July 17, 2015

"Republicans Setting Sights on Same-Sex Marriage Law": Jonathan Weisman will have this article in Saturday's edition of The New York Times.
Posted at 09:50 PM by Howard Bashman


"SCOTUS history backs 2nd Circuit insider trading opinion in Newman: law prof." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 05:12 PM by Howard Bashman


"New information released, reward increased in Markel case": The Tallahassee Democrat has this news update.

Today at WSJ.com's "Law Blog," Jacob Gershman has a post titled "Police Release Update in Case of Murdered Law Professor."

And the Tallahassee Police Department has issued a news release titled "Update: Investigation into Markel Murder Continues; FBI Assisting TPD Violent Crimes Unit."
Posted at 05:10 PM by Howard Bashman



"How King v. Burwell Will Save the Little Sisters of the Poor": Josh Blackman has this essay online at National Review.
Posted at 03:30 PM by Howard Bashman


"Court: Airlines get leeway when someone references a bomb." The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday.
Posted at 01:44 PM by Howard Bashman


"Conservatives warn IRS could target gay marriage opponents": The Associated Press has this report.
Posted at 01:38 PM by Howard Bashman


"The question in this case is whether a Connecticut rule restricting the use of certain teeth-whitening procedures to licensed dentists is unconstitutional under the Due Process or Equal Protection Clauses." Senior Circuit Judge Guido Calabresi issued this opinion today on behalf of a three-judge panel of the U.S. Court of Appeals for the Second Circuit.

Circuit Judge Christopher F. Droney issued a concurring opinion that begins:

I join the majority opinion in its conclusion that the Dental Commission's declaratory ruling is rationally related to the state's legitimate interest in protecting the public health. Because this is sufficient to resolve the appeal, I would not reach the question of whether pure economic protectionism is a legitimate state interest for purposes of rational basis review. The majority having chosen to address that issue, I write separately to express my disagreement.
Paul M. Sherman of the Institute for Justice argued the case on the appellant's behalf.
Posted at 01:22 PM by Howard Bashman


"Republicans' Approval of Supreme Court Sinks to 18%": Gallup issued this news release yesterday.
Posted at 01:00 PM by Howard Bashman


"The Clash of Old and New Fourth Circuit Ideologies: Boyer-Liberto v. Fontainebleau Corp. and the Moderation of the Fourth Circuit." Law professor Brian S. Clarke has posted this paper online at SSRN.
Posted at 12:56 PM by Howard Bashman


"State Supreme Justices in the SCOTUS Pipeline": Steven M. Klepper has this blog post today at DRI.
Posted at 12:54 PM by Howard Bashman


"The Right to Earn a Living Deep in the Heart of Texas": Ilya Shapiro and Randal Meyer have this post today at the "Cato at Liberty" blog.
Posted at 12:52 PM by Howard Bashman


Thursday, July 16, 2015

"Federal judges uphold Delaware campaign disclosure law": The News Journal of Wilmington, Delaware has this report.

And Jonathan Stempel of Reuters reports that "Delaware wins appeal, can enforce law on election advertising."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 11:24 PM by Howard Bashman



"Pitchforking the Fourth Circuit's Take on Usher and Bieber's 'Somebody to Love'": Chris Mincher has this post today at the "Maryland Appellate Blog."
Posted at 08:46 PM by Howard Bashman


"Wisconsin Supreme Court ends John Doe probe into Scott Walker's campaign": Patrick Marley of The Milwaukee Journal Sentinel has a news update that begins, "Dealing Gov. Scott Walker a victory just as his presidential campaign gets underway, the Wisconsin Supreme Court ruled Thursday the governor's campaign and conservative groups had not violated campaign finance laws in recall elections in 2011 and 2012."

The Wisconsin State Journal has a news update headlined "Supreme Court ends John Doe probe that threatened Scott Walker's presidential bid."

Monica Davey of The New York Times has a news update headlined "Scott Walker 2012 Campaign Inquiry Ended by Wisconsin Court."

The Associated Press reports that "Wisconsin court ends probe of presidential hopeful Walker."

Bloomberg News reports that "Walker Campaign Fund Probe Ended by Wisconsin's High Court."

Adam B. Lerner of Politico.com reports that "Wisconsin Supreme Court rules Walker didn't violate campaign finance laws."

CNN.com reports that "Wisconsin Supreme Court quashes Walker investigation."

And at his "Election Law Blog," Rick Hasen has a post titled "Analysis of Wisconsin John Doe Ruling: Bad News for Campaign Finance Laws."

You can access today's 4-to-2 ruling of the Supreme Court of Wisconsin at this link.
Posted at 10:15 AM by Howard Bashman



"Gay marriage ruling leaves U.S. firms unclear on spousal benefits": Reuters has this report.
Posted at 07:50 AM by Howard Bashman


Wednesday, July 15, 2015

"How does Uncle Sam get to tell nuns what they believe?" Seth Lipsky has this essay online at The New York Post.
Posted at 10:58 PM by Howard Bashman


"Appeals Court: Woman who got life in prison for Topeka homeless camp murder was unconstitutionally convicted; Case related to 2006 killing of Topeka man." The Topeka Capital-Journal has this news update reporting on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 10:10 PM by Howard Bashman


"Court ruling opens DNA technology advances to old cases": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued last Friday.
Posted at 08:50 PM by Howard Bashman


"Fates Worse Than Death? Justice Kennedy's own logic shows why he should make the Supreme Court abolish capital punishment." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:40 PM by Howard Bashman


"Justice Kennedy compares gay marriage uproar to flag burning": The Associated Press has a report that begins, "U.S. Supreme Court Justice Anthony Kennedy on Wednesday likened controversy over the court's decision to allow gay marriage to public reaction over the 1989 ruling that said burning an American flag was protected free speech."

And The San Diego Union-Tribune has a news update headlined "Justice Kennedy: 'Constitution is yours'; Swing member of Supreme Court speaks in San Diego on controversial rulings, solitary confinement."
Posted at 08:34 PM by Howard Bashman



"Media, tech companies ask SCOTUS to restrict class actions in Spokeo": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 08:24 PM by Howard Bashman


"Raisins, Regulations, and Politics in the Supreme Court": Law professor Michael C. Dorf has this essay online today at Justia.com's Verdict.
Posted at 08:12 PM by Howard Bashman


"The ACA birth-control controversy, made simple": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 08:06 PM by Howard Bashman


"Its Goal Met, Gay-Marriage Advocacy Group Will Shut Down; Organization says that with Supreme Court ruling, it 'achieved the goal' it sought": Jess Bravin of The Wall Street Journal has this report.
Posted at 08:44 AM by Howard Bashman


"Justice Department disputes right to Cebull emails": The Great Falls Tribune has an article that begins, "The U.S. Department of Justice filed its rebuttal late Monday to a First Amendment case seeking racist emails sent by a former chief district judge for Montana."
Posted at 08:40 AM by Howard Bashman


Tuesday, July 14, 2015

"Robert H. Jackson Lecture with Laurence Tribe": The Chautauqua Institution posted this video online yesterday at YouTube.
Posted at 11:38 PM by Howard Bashman


"U.S. appeals court finds SEC cannot retroactively apply Dodd-Frank bans": Reuters has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 11:07 PM by Howard Bashman


The author of this blog has been named one of the "Fastcase 50 for 2015": Featuring this very kind write-up:
In Bashman news... Howard Bashman is the prolific author of the long-running appellate blog "How Appealing," a daily must-read for the appellate practitioner who wants to cover all of the bases. You know a story has made it to the big leagues when it's linked to in one of Howard's frequent, streamlined posts. In addition to "How Appealing," Howard writes a monthly column for The Legal Intelligencer, where he provides insight (dare we say "inside baseball") on the Pennsylvania and Third Circuit courts and other appellate news. Lest you think Howard is all business all the time, he also posts box scores for his beloved Phillies (he should win the award simply for sticking with them this season) as well as the occasional story out of left field about "bash man" news in which some poor soul is inevitably bashed by an object. We can't wait to see what's on deck next for Howard.
Among the other honorees this year (in alphabetical order) are law professor Eric Goldman, U.S. Magistrate Judge Paul Grewal, California Supreme Court Justice Goodwin H. Liu, and U.S. Solicitor General Donald B. Verrilli, Jr.

You can view the entire "Fastcase 50 for 2015" via this link.
Posted at 08:30 PM by Howard Bashman



"Justice Scalia: Why he's a bad influence." Online at The Los Angeles Times, law professor Erwin Chemerinsky has an op-ed that begins, "Justice Antonin Scalia is setting a terrible example for young lawyers. Ignore, for now, his jurisprudence, his famously strict originalism; it's his tone that's the problem."
Posted at 08:05 PM by Howard Bashman


"Clarence Thomas's Unusual Evolution: The 'silent justice' has always marched to his own drum, and in the past year that drumbeat has become more distinct and strange." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 05:02 PM by Howard Bashman


"Denver's Little Sisters of the Poor lose contraception coverage ruling; 10th Circuit Court of Appeals rules against Catholic sisters offering elder care in case over contraception mandate": The Denver Post has this news update.

Tom Howell Jr. of The Washington Times has a news update headlined "Federal appeals court refuses nuns' plea for relief from birth control mandate."

The Associated Press has a report headlined "Court: New health law doesn't infringe on religious freedom."

And The Hill has an article headlined "Court: Nuns must comply with ObamaCare's birth control mandate."

You can access today's 133-page ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 02:30 PM by Howard Bashman



"US Supreme Court Report Card: How Third Circuit Fared This Term." Today's edition of The Legal Intelligencer -- Philadelphia's daily newspaper for lawyers -- contains this month's installment of my "Upon Further Review" column.

Therein, I write:

The Supreme Court decided three cases from the Third Circuit on direct review, and the court reversed in all three. Adding insult to injury, of the 27 votes that the nine justices cast in those three cases, the Third Circuit received only a grand total of one-and-a-half votes in favor of affirmance. Even the Philadelphia Phillies' starting position players this year have better batting averages than that.
Fortunately, delving deeper into the statistics, which I do later in the column, produces some better news for the Third Circuit this past Term at the U.S. Supreme Court.

You can freely access the full text of this month's column via Google News.
Posted at 02:20 PM by Howard Bashman



Programming note: This morning, I am presenting an appellate oral argument to a three-judge panel of the Superior Court of Pennsylvania. As a result, additional posts will appear here this afternoon.
Posted at 07:06 AM by Howard Bashman


Monday, July 13, 2015

"Colorado renewable energy standard constitutional, judge rules; Washington institute claimed in lawsuit state's mandate limits out-of-state coal plants": The Denver Post has this report.

And The Associated Press reports that "Appeals court upholds Colorado's renewable energy mandate in interstate commerce challenge."

Circuit Judge Neil M. Gorsuch's opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit begins, "Can Colorado's renewable energy mandate survive an encounter with the most dormant doctrine in dormant commerce clause jurisprudence?"
Posted at 10:06 PM by Howard Bashman



"5th Annual Supreme Court Term in Review": This afternoon at 3 p.m. eastern time, the UC Irvine School of Law is hosting an event featuring as panelists, among others, Erwin Chemerinsky, Linda Greenhouse, Kannon K. Shanmugam, and Sixth Circuit Judge Jeffrey S. Sutton.

Rick Hasen, author of the "Election Law Blog," will serve as moderator of the program.

You can view the program live, online via YouTube at this link.
Posted at 01:30 PM by Howard Bashman



"2015 Annual Supreme Court Round Up": The Federalist Society has posted this video, featuring Miguel A. Estrada, online at YouTube.

And in case I haven't linked to it previously, you can also access online at YouTube the "2014-2015 Supreme Court Review" of the American Constitution Society.
Posted at 01:22 PM by Howard Bashman



"For Court's Conservatives, Worst Term Ever": Kenneth Jost had this post yesterday at his blog, "Jost On Justice."
Posted at 01:14 PM by Howard Bashman


"Justice Ginsburg's Spin on a Supreme Opera, 'Scalia/Ginsburg'": Jess Bravin has this post today at WSJ.com's "Washington Wire" blog.

Mark Swed of The Los Angeles Times has a review headlined "'Scalia/Ginsburg' opera underscores how opposites can be in harmony."

On last Friday's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Judicial Differences Take Center Stage In 'Scalia v. Ginsburg.'"

And msnbc has posted online a video segment titled "Comedic opera based on SCOTUS debuts."
Posted at 01:11 PM by Howard Bashman



"Battles over religious freedom are sure to follow same-sex marriage ruling": David G. Savage has this article in today's edition of The Los Angeles Times.
Posted at 01:05 PM by Howard Bashman


"Money makes a difference in state judge races": Jason Laughlin has this front page article in today's edition of The Philadelphia Inquirer.

Also in that newspaper today, Chris Brennan has an article headlined "New candidate could upend Pa.'s high court race."
Posted at 01:00 PM by Howard Bashman



Sunday, July 12, 2015

"'Scalia/Ginsburg': An affectionate comic opera look at the high court." Art and architecture critic Philip Kennicott has this review online at The Washington Post.
Posted at 11:40 PM by Howard Bashman


"Courts Support Obama's Contraceptive Policy, but Challenges Remain": Robert Pear will have this article in Monday's edition of The New York Times.
Posted at 11:35 PM by Howard Bashman


"Supreme dumbness at state's high court": Columnist James Gill has this essay online today at The New Orleans Advocate.
Posted at 11:30 PM by Howard Bashman


"Alabama Supreme Court Chief Justice Roy Moore: Same-sex marriage ruling 'destroyed the institution of God.'" AL.com has an article that begins, "Alabama Supreme Court Chief Justice Roy Moore told a church crowd on Sunday that the U.S. Supreme Court 'destroyed the institution of God' by legalizing same-sex marriage."
Posted at 11:24 PM by Howard Bashman


"Obama admin's attempt to follow Supreme Court's birth-control ruling pleases few": Tom Howell Jr. of The Washington Times has this report.
Posted at 01:32 PM by Howard Bashman


"Voting Rights Legacy of the '60s Heads to Court as North Carolina Law Is Tested": Erik Eckholm has this front page article in today's edition of The New York Times.
Posted at 01:25 PM by Howard Bashman


Saturday, July 11, 2015

"The 110 year-old case that still inspires Supreme Court debates": Online at The Washington Post, columnist George F. Will has an essay that begins, "Today's most interesting debate about governance concerns a 110-year-old Supreme Court decision. Two participants in this debate are the chief justice of the U.S. Supreme Court and a justice on the Supreme Court of Texas. The latter is trouncing the former."
Posted at 02:53 PM by Howard Bashman


Friday, July 10, 2015

"Obama Plan for Immigration Action Gets a Cold Reception at Appeals Court": Julia Preston will have this article in Saturday's edition of The New York Times.
Posted at 10:24 PM by Howard Bashman


"Judges appear skeptical of Obama immigration actions": Reuters has this report.

The Associated Press reports that "Appeals panel hears arguments on Obama immigration action."

And The Times-Picayune of New Orleans reports that "Outside court hearing on Obama immigration action, advocates rally."

You can access here (118 MB mp3 audio file) and here (60.9 MB mp3 audio file) the audio of today's oral arguments in the U.S. Court of Appeals for the Fifth Circuit.
Posted at 07:14 PM by Howard Bashman



"From Peoria High to the U.S. Supreme Court: Redistricting case draws classmates together." This front page article appears in today's edition of The Peoria Journal Star.
Posted at 07:02 PM by Howard Bashman


"Interview with Richard Kopf, Senior Judge in the U.S. District Court of Nebraska, speaking about his decision to end his controversial blog, 'Hercules and the Umpire.'" Nebraska Educational Telecommunications has posted online this video interview.

A related article is headlined "Nebraska Federal Judge Ends Controversial Blog; Will Remain On Bench."
Posted at 06:48 PM by Howard Bashman



"Ginsburg: Liberal Justices Make A Point To Speak With One Voice." Nina Totenberg of NPR has this report today.
Posted at 06:44 PM by Howard Bashman


"Health Law's Contraceptive Rule Eased for Businesses With Religious Objections": Robert Pear of The New York Times has this news update.

And The Associated Press reports that "New birth control rule for employers with religious qualms."

You can access the new federal regulations via this link.
Posted at 05:27 PM by Howard Bashman



"Court upholds light sentence for Beanie Babies creator": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 05:20 PM by Howard Bashman


"Judges Should Blog More But Learn From Judge Kopf's Mistakes": Steve Klepper has this post today at the "Maryland Appellate Blog."
Posted at 04:12 PM by Howard Bashman


"Scholars & Scribes Review the Rulings: The Supreme Court's 2014-2015 Term." The Heritage Foundation has posted this video online at YouTube.
Posted at 02:55 PM by Howard Bashman


"Federal judge says he will stop blogging; Ted Cruz post isn't the reason": Debra Cassens Weiss has this blog post online today at ABA Journal.
Posted at 01:28 PM by Howard Bashman


"Woman Makes Lace Collar for RBG, Gets Elegant Thank You Note in Return": Anna Merlan has this post today at "Jezebel."
Posted at 01:22 PM by Howard Bashman


"Court says AT&T can ban workers from wearing prisoner shirts": The Associated Press has a report that begins, "A federal appeals court says AT&T can ban unionized workers from wearing t-shirts that say 'Inmate' on the front and 'Prisoner of AT$T' on the back."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:16 PM by Howard Bashman



"May It Displease the Court: Race and Justice Sotomayor; A book on Justice Sotomayor reveals the bruising backstory to the Texas affirmative action case set to be heard again this fall." ProPublica has posted online this interview with Joan Biskupic.
Posted at 01:06 PM by Howard Bashman


"American Samoa questions gay marriage validity in territory": The Associated Press has this report.
Posted at 01:00 PM by Howard Bashman


"Lawsuit in cross-border shooting of Mexican teen can proceed": The Arizona Daily Star has an article that begins, "A civil lawsuit from the family of a Mexican teen killed by a Border Patrol agent in a cross-border shooting can proceed, a Tucson federal judge has ruled."

And today at "Just Security," Steve Vladeck has a post titled "Cross-Border Shootings as a Test Case for the Extraterritorial Fourth Amendment."

You can view yesterday's ruling of the U.S. District Court for the District of Arizona at this link.
Posted at 12:52 PM by Howard Bashman



"Stalled nominee Restrepo clears Senate committee": Jonathan Tamari of The Philadelphia Inquirer has a blog post that begins, "Philadelphia Judge Luis Felipe Restrepo, whose nomination to a federal district court seat has become a flashpoint in a broader political battle over President Obama's judicial picks, cleared the Senate Judiciary Committee Thursday morning in a voice vote."
Posted at 12:44 PM by Howard Bashman


"Appeals court upholds former Virginia governor Bob McDonnell's convictions": The Richmond Times-Dispatch has this news update.

The Washington Post has a news update headlined "Bob McDonnell loses appeal over public corruption convictions."

The Virginian-Pilot reports that "Appeals court upholds Bob McDonnell conviction."

The Associated Press reports that "Appeals court upholds former Virginia governor's convictions."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 12:42 PM by Howard Bashman



"Illegal Defiance on Same-Sex Marriage": This editorial appears in today's edition of The New York Times.
Posted at 12:32 PM by Howard Bashman


"Judicial politics: Those 'activist' judges." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 09:30 AM by Howard Bashman


"Court orders Florida's congressional districts redrawn": The Miami Herald has this report, along with an article headlined "Democrats see hope in Florida Supreme Court ruling for new districts, but much remains unclear.'

Today's edition of The New York Times contains an article headlined "Florida Court Finds Politics Determined District Lines."

The Tampa Bay Times reports that "State Supreme Court ruling shakes up Florida's political landscape."

The News Service of Florida reports that "State Supreme Court strikes down congressional districts."

And The Tampa Bay Tribune reports that "Court adds Tampa area in ordering House districts redrawn."

The Supreme Court of Florida yesterday issued an opinion and order in this matter.
Posted at 09:10 AM by Howard Bashman



"U.S. court invalidates Versata patent in $391 million case": Reuters has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued yesterday.
Posted at 08:50 AM by Howard Bashman


Thursday, July 9, 2015

"Tax Write-Offs for Pot Club Expenses Barred": Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:36 PM by Howard Bashman


"Leon Houston to get new federal trial": The Knoxville News Sentinel has an article that begins, "Leon Houston won another round in his decadeslong battle with authorities Wednesday when a federal appeals court threw out his conviction for threatening to kill his former lawyer and ordered a new trial."

You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 11:23 PM by Howard Bashman



In today's reader mail: A reader emails:
I love your blog. Reader since 2004.

I write because I disagree with your criticism of Judge Reavley's dissent in the death-row case. But I only do so because I clerked for him, and I'm familiar with his writing style.

I think that a fair reading of his statement was that "in the main" all the injunction did was require the temperature reduction. "In the main," I think, is fairly translated as "in principal." I think that a fair reading of the majority opinion and the dissent bears this out.

Please keep blogging! We love you in appellate land.

Thanks much for offering another point of view for consideration.
Posted at 10:40 PM by Howard Bashman


"Some things are more important than others": Today at his "Hercules and the umpire" blog, Senior U.S. District Judge Richard G. Kopf has a post that begins, "I am today pulling the plug on Hercules and the umpire. Let me explain."

Some may recall that Judge Kopf also quit blogging in January 2014.
Posted at 10:28 PM by Howard Bashman



"The Next Big Case Challenging Obama's Executive Power": Andrew Pincus has this essay online at TPM Cafe.
Posted at 10:18 PM by Howard Bashman


"The Illusion of a Liberal Supreme Court": Linda Greenhouse has this essay online today at The New York Times.
Posted at 10:02 PM by Howard Bashman


"U.S. universities seek to delay lawsuits over Asian-American admissions": Joan Biskupic of Reuters has this report.
Posted at 09:55 PM by Howard Bashman


Programming note: I will be in New York City today. As a result, additional posts will appear here tonight.

In the interim, appellate-related updates may appear at this blog's Twitter feed.
Posted at 07:36 AM by Howard Bashman



Wednesday, July 8, 2015

"Suit against PBSO deputies for 2007 shooting is back in court": The Palm Beach Post has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 11:55 PM by Howard Bashman


"U.S. court: citizenship law's gender differences unconstitutional." Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 11:46 PM by Howard Bashman


"State court sets execution dates for three death row inmates": Curtis Killman (yes, that's the reporter's actual name) of The Tulsa World has this report.

The Oklahoman reports that "Oklahoma to execute 3 men in as many weeks."

Reuters reports that "Oklahoma sets execution dates for inmates who lost Supreme Court case."

And The Associated Press reports that "Oklahoma court sets execution dates for 3 death row inmates."
Posted at 11:09 PM by Howard Bashman



"Louisiana Supreme Court justices denounce same-sex marriage ruling, calling it an 'insult,' 'utter travesty' with 'horrific impact'": The Advocate of Baton Rouge, Louisiana has this report.

The Times-Picayune of New Orleans reports that "Louisiana Supreme Court closes door on state's appeal of same-sex marriage ruling."

Chris Geidner of BuzzFeed News reports that "Louisiana Justice Would Ignore U.S. Supreme Court Same-Sex Marriage Ruling."

And online at Slate, Mark Joseph Stern has an essay titled "Louisiana Supreme Court Justices Blast 'Horrific' Marriage Equality Decision."

You can access yesterday's per curiam ruling of the Supreme Court of Louisiana, and the opinions concurring and dissenting therefrom, at this link.
Posted at 10:58 PM by Howard Bashman



"Entire Louisiana death row doesn't need air-conditioning, 5th Circuit Court of Appeals panel decides": The Advocate of Baton Rouge, Louisiana has this report.

Emily Lane of The Times-Picayune of New Orleans has an article headlined "No A/C for death row inmates at Angola, appeals court rules."

And Jonathan Stempel of Reuters reports that "Air conditioning not a must on Louisiana death row: appeals court."

Circuit Judge Edith H. Jones issued today's ruling of the U.S. Court of Appeals for the Fifth Circuit. Meanwhile, a very short dissenting opinion demonstrates that "principal" isn't your pal if you misuse it in place of "principle."
Posted at 10:50 PM by Howard Bashman



"Supreme Court 2014 Term Review: The American Constitution Society hosted a review of the major cases and rulings from the 2014-15 Supreme Court term." You can access the video of this event, at which Tom Goldstein served as moderator, online at C-SPAN via this link.
Posted at 10:40 PM by Howard Bashman


"In 9th Circ. insider trading case, Rakoff rejects broad read of 2nd Circ. precedent": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 10:38 PM by Howard Bashman


"Puerto Rico's 'Colonial' Power Struggle": Online at Bloomberg View, law professor Noah Feldman has an essay that begins, "On the surface, there was nothing shocking about Monday's decision by the U.S. Court of Appeals for the 1st Circuit to strike down a Puerto Rico law that would've let the commonwealth's municipalities and utilities declare bankruptcy."
Posted at 10:12 PM by Howard Bashman


"The Redskins and The Slants: How an Asian American band name case may affect the Redskins trademark." Eugene Volokh has this post today at "The Volokh Conspiracy."
Posted at 09:56 PM by Howard Bashman


"Thanks, Justice Scalia, for the Cost-Benefit State": Law professor Cass R. Sunstein has this essay online at Bloomberg View.
Posted at 09:54 PM by Howard Bashman


"From 'rage aria' to 'lovely duet,' opera does justice to court, Ginsburg says": Geoff Edgers of The Washington Post has this report.
Posted at 09:51 PM by Howard Bashman


"What Does Marriage Equality Have to Do with Dred Scott?" Amy Davidson has this post online today at The New Yorker.
Posted at 09:48 PM by Howard Bashman


"Ahead of Fisher, Harvard Asks To Delay Admissions Lawuit; Supreme Court's decision in Texas affirmative action case could affect Harvard": The Harvard Crimson has this report.
Posted at 09:46 PM by Howard Bashman


"Supreme Court's Bernstein works around blindness": Gary Heinlein of The Detroit News has an article that begins, "Long work days and intense memorization are part of the job for Michigan Supreme Court member Richard Bernstein, who is blind and says justice should be, too."
Posted at 09:45 PM by Howard Bashman


"Fox Is Planning to Make Movie About Same-Sex Marriage Ruling": This article appears in today's edition of The New York Times. Law bloggers should keep an eye out for the "SCOTUSblog" casting call.
Posted at 12:33 PM by Howard Bashman


"Antonin Scalia Is the Supreme Court's Greatest Writer": Jeet Heer has this essay online at The New Republic.
Posted at 09:54 AM by Howard Bashman


"The Prosecutor Who Says Louisiana Should 'Kill More People'": In today's edition of The New York Times, Campbell Robertson has a front page article that begins, "In a much-discussed dissent from the Supreme Court's ruling on lethal injection last week, Justice Stephen G. Breyer laid out the problems, as he saw them, with the death penalty."
Posted at 09:47 AM by Howard Bashman


"When lawyers fail, the remedy is malpractice litigation against the wrongdoer, not more litigation against an innocent adversary in the original litigation." So wrote Circuit Judge Frank H. Easterbrook in a decision that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.

Also yesterday, Judge Easterbrook issued a separate decision in another case presenting many of the same issues.
Posted at 08:26 AM by Howard Bashman



"U.S. appeals court stays Ohio death row inmate's potential execution": Reuters has this report.

And The Associated Press reports that "Federal appeals court says condemned Ohio killer can make mental disability claim."

You can access yesterday's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 08:20 AM by Howard Bashman



"Court restores conviction, redefining definition of who is Indian in the process": Cronkite News has this report on an en banc ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.

And at the "Turtle Talk" blog, Matthew L.M. Fletcher has a post titled "Ninth Circuit Sitting En Banc Announced 'Indian Status' Test under Major Crimes Act."

As the Cronkite News article explains, "In separate concurring opinions, two judges said the court's reliance on the 'degree of Indian blood' would have the effect of applying the law on racial grounds. The ruling dredged up the 'sorry history' of days when courts used 'blood quantum tests to determine who was a slave and who was free,' they said."
Posted at 08:16 AM by Howard Bashman



Tuesday, July 7, 2015

Administrative Office of the U.S. Courts defeats former law professor's alleged infringement of her constitutional right to travel: The U.S. Court of Appeals for the D.C. Circuit issued this ruling today.
Posted at 11:58 PM by Howard Bashman


"Texas Could Become an Even More Dangerous Place: The state Supreme Court just gave itself the power to strike down health and safety regulations it finds 'oppressive.'" Mark Joseph Stern has this jurisprudence essay online today at Slate.

Earlier, at "The Volokh Conspiracy," Eugene Volokh had posts titled "Texas Supreme Court (somewhat) reinvigorates 'substantive due process' protection for economic liberty" and "State constitutional protection of 'liberty' vs. federal constitutional protection."

On the day the ruling issued, the Institute for Justice issued a news release titled "Texas Supreme Court Strikes Down Useless Eyebrow Threading License; Landmark Win For Economic Liberty Will Allow Threaders to Go Back to Work After Seven Years of Uncertainty."

My earlier coverage of the ruling (including links to the various opinions) can be accessed here.
Posted at 11:48 PM by Howard Bashman



"Blogging judge calls political candidate 'unfit' for office": Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 11:40 PM by Howard Bashman


"Deep Dive: Monumental Decisions, The Supreme Court 2014- 2015." The Aspen Institute has posted this video online at YouTube.
Posted at 11:34 PM by Howard Bashman


"Senate clears first circuit judge nominee of 2015": The Hill has a blog post that begins, "The Senate approved its first circuit judge nomination of the year on Tuesday. Senators voted 95-0 on Kara Stoll's nomination to be a U.S. circuit court judge for the federal circuit, making her the first Latina to be approved for the court."
Posted at 09:10 PM by Howard Bashman


"Appeals Court considers 'Big Mountain Jesus' case": The Associated Press has this report on a case orally argued today before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

You can view the video of the oral argument on YouTube via this link.
Posted at 09:05 PM by Howard Bashman



"Appeals court upholds parts of Arizona ethnic studies ban": The Associated Press has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 09:00 PM by Howard Bashman


"Gov. Mary Fallin defies Supreme Court ruling, says Ten Commandments monument will stay": Barbara Hoberock of The Tulsa World has this news update.

The Washington Post has an article headlined "Oklahoma's Ten Commandments statue isn't going anywhere, governor says."

And Reuters reports that "Oklahoma governor says Ten Commandments to stay at Capitol during appeal."
Posted at 08:53 PM by Howard Bashman



"'Satan is subtle,' same-sex marriage foes warn as they prepare to fight court ruling": Molly Hennessy-Fiske of The Los Angeles Times has this report.
Posted at 08:50 PM by Howard Bashman


"What Are the Limits of 'Religious Liberty'?" Emily Bazelon will have this essay in Sunday's edition of The New York Times Magazine.
Posted at 08:32 PM by Howard Bashman


"Enviro cases only blotch in Obama admin's winning year": Jeremy P. Jacobs of Greenwire has this report today.
Posted at 04:15 PM by Howard Bashman


"Scalia disses California, and we heartily disagree": Editorial cartoonist Jack Ohman has this essay online at The Sacramento Bee.
Posted at 11:54 AM by Howard Bashman


"Constitution Check: Is the end of the death penalty in sight?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:44 AM by Howard Bashman


"Breaking: DC Circuit En Banc Unanimously Upholds Ban on Federal Contractor Contributions to Candidates." At his "Election Law Blog," Rick Hasen has this post about a unanimous en banc ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 11:42 AM by Howard Bashman


"Is the Death Penalty Unconstitutional?" William Baude has this essay online today at The New York Times.
Posted at 10:02 AM by Howard Bashman


"Cruz once clerked for a chief justice, but he's no longer a friend of the court": The Washington Post has this report.

And yesterday at his "Hercules and the umpire" blog, Senior U.S. District Judge Richard G. Kopf had a post titled "Senator Ted Cruz is not fit to be President."
Posted at 08:32 AM by Howard Bashman



"Why 2016 will be a Supreme Court election": Paul Waldman has this essay online at The Week.
Posted at 08:26 AM by Howard Bashman


"Coming Next: The Revenge Of The Supreme Court's Conservatives." Ian Millhiser has this essay online at ThinkProgress.
Posted at 08:25 AM by Howard Bashman


"State lawmakers, workers rebel against Supreme Court gay marriage ruling": Cheryl Wetzstein of The Washington Times has this report.
Posted at 08:23 AM by Howard Bashman


Monday, July 6, 2015

"Lawyers, activists call chief judge's protest ban on Jacksonville courthouse unconstitutional; A new ban against some protests outside the Duval County courthouse has attracted some national attention and criticism": The Florida Times-Union has this report.
Posted at 10:36 PM by Howard Bashman


"Is the Supreme Court Too Powerful?" This "Room for Debate" discussion appears online today at The New York Times.
Posted at 10:25 PM by Howard Bashman


"Court upholds EPA in putting Chesapeake Bay on 'pollution diet'": The Baltimore Sun has this report.

DelmarvaNow reports that "Appeals court upholds Chesapeake Bay cleanup."

The Washington Post reports that "US appeals court upholds Chesapeake Bay clean-up plan."

The Daily Press of Newport News, Virginia reports that "Court upholds EPA's Chesapeake Bay cleanup authority."

The Associated Press reports that "US appeals court upholds EPA plan to clean up Chesapeake Bay."

And Annie Snider of Greenwire reports that "Appeals court backs landmark cleanup plan in big win for EPA."

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



"Tsarnaev defense asks for verdict, sentence to be overturned": John R. Ellement of The Boston Globe has this news update.

Reuters reports that "Boston Marathon bomber files motion seeking new trial."

And The Associated Press reports that "Condemned Boston Marathon bomber files motion for new trial."
Posted at 07:58 PM by Howard Bashman



"Amazon must face trademark lawsuit over search results": Dan Levine of Reuters has this report.

And Courthouse News Service reports that "Watchmaker's Amazon Suit Revived by the 9th."

My earlier coverage of today's Ninth Circuit ruling appears at this link.
Posted at 07:50 PM by Howard Bashman



"Citi banker's brother-in-law loses insider trading conviction appeal": Nate Raymond of Reuters has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 07:45 PM by Howard Bashman


"Republican Christie criticizes high court's gay marriage ruling": Reuters has a report that begins, "U.S. Republican presidential candidate Chris Christie said on Sunday Supreme Court justices of his liking would not have legalized same-sex marriage and would have struck down a key provision of a national health care law."
Posted at 07:42 PM by Howard Bashman


"Supreme Court Justices Send Signals to Request Cases They Want to Hear": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 07:35 PM by Howard Bashman


Third Circuit issues opinion explaining the basis for its earlier order vacating injunction requiring Wal-Mart to conduct shareholder vote on a proposal to restrict firearm sales: You can access today's ruling of the U.S. Court of Appeals for the Third Circuit in Trinity Wall Street v. Wal-Mart Stores Inc., at this link.

My earlier coverage of the Third Circuit's order overturning the injunction can be accessed here and here.
Posted at 01:52 PM by Howard Bashman



"Feds and states in immigration fight split on SCOTUS ruling": Josh Gerstein of Politico.com has this blog post today.
Posted at 01:38 PM by Howard Bashman


"Live! From New York! It's Saturday Night!" So begins a dissenting opinion that Circuit Judge Barry G. Silverman issued today from a trademark infringement ruling under the Lanham Act that the U.S. Court of Appeals for the Ninth Circuit issued today.

Because a Senior U.S. District Judge sitting by designation provided the decisive vote on the panel, this case may have a better than average chance of attaining rehearing en banc.
Posted at 01:34 PM by Howard Bashman



"We Armed a Zoo: Missouri voters approved a constitutional amendment guaranteeing the right to bear arms; It took Jeffry Smith to test the law's limits." Danny Wicentowski has this cover story in the current issue of Riverfront Times.
Posted at 09:38 AM by Howard Bashman


"As death penalty debate reignites, Florida carves its own path": Michael Auslen of The Tampa Bay Times has this report.
Posted at 09:33 AM by Howard Bashman


"Judge not: GOP blocks dozens of Obama court picks; The standoff could diminish the stamp that Obama leaves on the judiciary." Burgess Everett and Seung Min Kim of Politico.com have this report today.

And in today's edition of The Philadelphia Inquirer, Jonathan Tamari has a front page article headlined "Confirmation of judges gets bogged down in Congress."
Posted at 09:26 AM by Howard Bashman



"Chief Justice John Roberts may be beyond reconciliation with conservatives": Ben Wolfgang of The Washington Times has this report.
Posted at 07:52 AM by Howard Bashman


"Liberal Minority Won Over Conservatives In Historic Supreme Court Term": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 07:49 AM by Howard Bashman


"Wins, setbacks mark the path to nationwide same-sex marriage": Mark Sherman of The Associated Press has this report.

And The AP also reports that "Idaho's gay marriage ban remains in state constitution."
Posted at 07:42 AM by Howard Bashman



Sunday, July 5, 2015

"Faith groups press GOP for response to marriage ruling": The Hill has this report.

And in related coverage, The Hill also has an article headlined "The next front in battle over gay rights."
Posted at 09:14 PM by Howard Bashman



"The trouble with the 'dignity' of same-sex marriage": Law professor Jonathan Turley has this essay online at The Washington Post.
Posted at 01:26 PM by Howard Bashman


"The wrinkle in the Affordable Care Act decision": Columnist George F. Will has this essay online at The Washington Post.
Posted at 01:23 PM by Howard Bashman


"A Gay Couple's Love, in Life and Death, Goes to the Supreme Court": Samantha Stark has this post (with video) today at the "Lens" blog of The New York Times.
Posted at 12:33 PM by Howard Bashman


"Texas leaders' underhanded tactics may face U.S. Supreme Court scrutiny": Columnist Steve Blow has this essay in today's edition of The Dallas Morning News.
Posted at 12:30 PM by Howard Bashman


"Time for TV in the Supreme Court": This editorial appeared in Thursday's edition of The New York Times.
Posted at 12:28 PM by Howard Bashman


"Colorado ballot measure seeks to limit gay marriages as civil unions": The Denver Post has an article that begins, "A proposed ballot initiative filed Thursday would redefine same-sex marriages in Colorado as civil unions. A second initiative would allow wedding-related businesses opposed to gay marriage to hire a contractor to serve the couples."
Posted at 11:14 AM by Howard Bashman


"Breyer, Ginsburg Surprise on Death Penalty": Kenneth Jost has this post today at his blog, "Jost on Justice."
Posted at 11:11 AM by Howard Bashman


Saturday, July 4, 2015

"The New Divisions in the U.S. Supreme Court: The justices this year seemed to be less likely to vote along traditional partisan lines, but bitter battles over philosophical ideals in recent decisions could be a sign of bigger wars to come next fall." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 09:20 PM by Howard Bashman


"The Activist Roberts Court, 10 Years In": This editorial will appear in Sunday's edition of The New York Times.
Posted at 09:18 PM by Howard Bashman


"The Supreme Court and the Politics of Fear": Linda Greenhouse will have this essay in the Sunday Review section of tomorrow's edition of The New York Times.
Posted at 09:16 PM by Howard Bashman


"Happy 10th Birthday to the Blog!" David Oscar Markus has this post at the "Southern District of Florida" noting that blog's tenth birthday today.
Posted at 08:16 PM by Howard Bashman


"Reporters on 2014 Supreme Court Term: Reporters who cover the Supreme Court talked about the 2014-15 Court term, including key decisions and the personalities and interactions among the nine justices; They also gave their predictions for the next term." C-SPAN has posted the video online at this link.
Posted at 08:14 PM by Howard Bashman


"Lawrence Hurley on the Supreme Court Term: Lawrence Hurley talked about Supreme Court decisions in the 2014-15 term, and whether they signaled a shift; He also previewed the 2015-16 term." Lawrence Hurley of Reuters appeared on this morning's broadcast of C-SPAN's "Washington Journal." You can access the video online, on-demand by clicking here.
Posted at 03:46 PM by Howard Bashman


"Federal Judge: My Drug War Sentences Were 'Unfair and Disproportionate'; Nancy Gertner, who left the bench after 17 years, compares the damage caused by drug prohibition to the destruction of cities in World War II." Conor Friedersdorf has this article online at The Atlantic. Former U.S. District Judge Gertner's comments can be viewed online at YouTube via this link.
Posted at 01:40 PM by Howard Bashman


"Poll: Support grows for states to ignore federal courts." The Hill has this report. More information on the survey's results can be accessed here.
Posted at 01:32 PM by Howard Bashman


"Was This Past Supreme Court Session 'A Liberal Term For The Ages'?" This audio segment featuring Adam Liptak appeared on Thursday's broadcast of NPR's "Fresh Air."
Posted at 01:30 PM by Howard Bashman


"The Thing President Obama Didn't Do That Helped Bring About Marriage Equality": Brianne Gorod has this essay online at Slate.
Posted at 01:26 PM by Howard Bashman


Access this year's installment of MoloLamken's "Supreme Court Business Briefing": At this link.
Posted at 01:23 PM by Howard Bashman


"Your Questions About the Supreme Court's Term, Answered": Jess Bravin had this post recently at WSJ.com's "Law Blog."
Posted at 01:22 PM by Howard Bashman


Friday, July 3, 2015

"U.S. Asks Appeals Court to Rehear Ruling Over Rare 'Double Eagle' Coins": Peter Loftus had this post yesterday at WSJ.com's "Law Blog" reporting on a petition for rehearing en banc that the federal government filed Wednesday in the U.S. Court of Appeals for the Third Circuit.
Posted at 09:00 PM by Howard Bashman


"Why Obamacare's Future is Secure": Online at The New Yorker, James Surowiecki has a post that begins, "It hasn't been quite as dramatic as Justice Owen Roberts's legendary 1937 'switch in time that saved nine,' which flipped the Supreme Court from overturning New Deal legislation to ruling its initiatives constitutional."
Posted at 07:46 PM by Howard Bashman


"Try, Try Again: The most outrageous decision of this Supreme Court term." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 01:02 PM by Howard Bashman


"The biggest surprises of this term": Marty Lederman has this interesting post at Slate's "Supreme Court Breakfast Table."
Posted at 01:00 PM by Howard Bashman


"In Supreme Court term, Obama wins big and loses small": Lawrence Hurley of Reuters has this report today. Reuters has also posted this visual depiction of the results.
Posted at 10:44 AM by Howard Bashman


Thursday, July 2, 2015

"Scalia, Sotomayor most outspoken justices inside, outside court": Richard Wolf of USA Today has this report.

And The Associated Press reports that "3 Supreme Court justices maintain substantial stock holdings."

The organization Fix the Court has posted the Justices' financial reports online at this link and has written an analysis headlined "Justices' Disclosure Reports Highlight Antiquated Process, Conflicts of Interest; Fix the Court Calls on Judiciary to Make Reports Fully Accessible and Eliminate Securities-Based Conflicts."
Posted at 10:15 PM by Howard Bashman



"'Fractures' In The Supreme Court Revealed In This Year's Decisions": This audio segment featuring Nina Totenberg and Tom Goldstein appeared on Tuesday evening's broadcast of NPR's "All Things Considered."
Posted at 08:46 PM by Howard Bashman


"Conservative overreach may explain liberal victories in Supreme Court": David G. Savage of The Los Angeles Times has this report.
Posted at 08:40 PM by Howard Bashman


"The End of the Death Penalty? Recent Supreme Court opinions suggest there are five votes to abolish capital punishment." Law professor Robert J. Smith has this jurisprudence essay online at Slate.
Posted at 12:58 PM by Howard Bashman


"Interns' Big Victory Against Fox Reversed by Appeals Court; 2nd Circuit says the true test of whether internships must be paid comes down to whether the intern or the employer is the primary beneficiary of the relationship": Eriq Gardner has this post today at the "THR, Esq." blog of The Hollywood Reporter.

Reuters reports that "Unpaid internships legal when they boost interns' learning, US court rules."

And Deadline Hollywood reports that "'Black Swan' Interns Lawsuit Overturned By Appeals Court."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 12:54 PM by Howard Bashman



Wednesday, July 1, 2015

"US appeals court revives SC solitary confinement challenge": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 11:24 PM by Howard Bashman


"Polygamous Montana trio applies for wedding license": The Associated Press has a report that begins, "A Montana man said Wednesday that he was inspired by last week's U.S. Supreme Court decision legalizing gay marriage to apply for a marriage license so that he can legally wed his second wife."
Posted at 11:22 PM by Howard Bashman


"Highlights from Ted Cruz's New Book About Harvard Law School, #SCOTUS, and the Texas SG": Josh Blackman has this post today at his blog.
Posted at 10:28 PM by Howard Bashman


"5th Circuit tells courts to issue same-sex marriage rulings": The Associated Press has this report on three rulings (access here, here, and here) that the U.S. Court of Appeals for the Fifth Circuit issued today.
Posted at 10:12 PM by Howard Bashman


Seventh Circuit affirms denial of preliminary injunction, to avoid complicity in Affordable Care Act's contraceptive mandate, to Wheaton College: Circuit Judge Richard A. Posner issued today's lengthy ruling on behalf of a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

The district court's decision denying Wheaton College's request for a preliminary injunction, which today's Seventh Circuit ruling affirms, can be accessed here.
Posted at 10:08 PM by Howard Bashman



"Megaupload Takes U.S. Government's Asset Seizures to Appeals Court; A brief to the 4th Circuit argues the judge erred in asserting jurisdiction and interpreting whether Kim Dotcom was a fugitive": Eriq Gardner has this post today at the "THR, Esq." blog of The Hollywood Reporter.
Posted at 09:08 PM by Howard Bashman


"En banc 2nd Circuit to clarify when computer seizures are unconstitutional": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 09:06 PM by Howard Bashman


"Why the late-career conversions at the Supreme Court on the death penalty?" Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 09:00 PM by Howard Bashman


"Liberal unity, conservative disarray led Supreme Court to the left": Richard Wolf of USA Today has this report.
Posted at 08:54 PM by Howard Bashman


"A Liberal But Restrained Supreme Court Term; Supreme Court passed up opportunities to upend existing laws, including Affordable Care Act": Jess Bravin has this article in today's edition of The Wall Street Journal.
Posted at 01:18 PM by Howard Bashman


"In Supreme Court loss, death penalty foes see an opening": The Associated Press has this report.
Posted at 01:16 PM by Howard Bashman


"The court's liberals prevailed in most important cases, but it may not last": Robert Barnes of The Washington Post has this report.
Posted at 12:50 PM by Howard Bashman


In news coverage of yesterday's U.S. Supreme Court Order List: Adam Liptak has an article headlined "Supreme Court to Hear Challenge to Union Fees" in today's edition of The New York Times.

Robert Barnes of The Washington Post reports that "Justices agree to hear dispute over union fees, reapportionment."

David G. Savage of The Los Angeles Times reports that "Supreme Court to hear California teacher's suit -- a 'life or death' case for unions."

Jess Bravin and Brent Kendall of The Wall Street Journal report that "Supreme Court to Weigh Public-Sector Union Fees; Court to decide whether Constitution forbids mandatory collective-bargaining contributions."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court to hear California case challenging union dues."

Mary Jo Pitzl of The Arizona Republic reports that "Supreme Court to hear case challenging Arizona legislative map."

Howard Fischer of The Arizona Daily Star reports that "Supreme Court to hear challenge to Arizona legislative maps."

Greg Stohr of Bloomberg News reports that "Public-Sector Union Fees Draw U.S. Supreme Court Review" and "New Arizona Redistricting Case Gets U.S. High Court Review."

Lawrence Hurley of Reuters reports that "Supreme Court takes up major case on public sector union fees" and "U.S. justices take up new Arizona redistricting panel challenge."

And at "SCOTUSblog," Lyle Denniston has posts titled "New threat to public employee unionism" and "A new look at race and politics in redistricting."
Posted at 12:48 PM by Howard Bashman



"Federal judge: Same-sex marriage ruling binds Alabama." Brian Lyman of The Montgomery Advertiser has this news update.

And at AL.com, Kyle Whitmire has an essay titled "Alabama gay marriage fight: Who's going to pay for this?"

You can access today's ruling of the U.S. District Court for the Southern District of Alabama at this link.
Posted at 12:40 PM by Howard Bashman



"Easy AA: The Supreme Court might destroy affirmative action because this white woman's grades weren't good enough." Jamelle Bouie has this essay online at Slate.
Posted at 09:02 AM by Howard Bashman


"Colleges Brace for Supreme Court Review of Race-Based Admissions": Tamar Lewin and Richard Perez-Pena have this article in today's edition of The New York Times.
Posted at 08:50 AM by Howard Bashman


"Surveillance Court Rules That N.S.A. Can Resume Bulk Data Collection": Charlie Savage has this article in today's edition of The New York Times.

According to the article, "the American Civil Liberties Union said Tuesday that it would ask the United States Court of Appeals for the Second Circuit, which had ruled that the surveillance program was illegal, to issue an injunction to halt the program, setting up a potential conflict between the two courts."
Posted at 08:47 AM by Howard Bashman



"States Snub Execution Drug Approved by Supreme Court": In today's edition of The New York Times, Manny Fernandez has an article that begins, "Several death-penalty states that continue to scramble for limited supplies of execution drugs showed no signs of adopting the drug that was upheld by the Supreme Court on Monday and that had a role in three apparently painful executions last year, lawyers and opponents of capital punishment said Tuesday."
Posted at 08:46 AM by Howard Bashman


"The Supreme Court's Lonely Hearts Club": Online at The New York Times, Michael Cobb has an op-ed that begins, "Now all of us single people are pathetic, not just the straight ones."
Posted at 08:40 AM by Howard Bashman






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