How Appealing

Wednesday, September 30, 2015

"Pope Francis Met With Kim Davis, Kentucky County Clerk, in Washington": The New York Times has this report.
Posted at 09:02 PM by Howard Bashman


"The Slave-State Origins of Modern Gun Rights: The idea that citizens have an unfettered constitutional right to carry weapons in public originates in the antebellum South, and its culture of violence and honor." Saul Cornell and Eric M. Ruben have this essay online today at The Atlantic.
Posted at 08:33 PM by Howard Bashman


"Supreme Court Preview: What Is in Store for October Term 2015?" You can access the audio and video from today's Federalist Society event via this link.
Posted at 07:30 PM by Howard Bashman


"In Session With U.S. Supreme Court Justice Stephen Breyer": The audio from yesterday's broadcast of KQED Radio's "Forum with Michael Krasny" can be accessed via this link.
Posted at 06:15 PM by Howard Bashman


"Pope Francis Sends Wrong Message to Kim Davis": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 06:12 PM by Howard Bashman


"Keeping Conspiracy Out of Guantanamo Trials": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 06:10 PM by Howard Bashman


"Court upholds California law to control paparazzi's driving": The Associated Press has this report.

And at the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "California Law Punishing Paparazzi for High-Speed Celebrity Chases Is Upheld; Appeals court rules that it doesn't impinge free speech or press rights under First Amendment."

You can access today's ruling of the California Court of Appeal for the Second Appellate District at this link.
Posted at 05:50 PM by Howard Bashman



"Supreme Court justice says she owes female predecessors": The Associated Press has a report that begins, "U.S. Supreme Court Justice Elena Kagan said Wednesday she stands 'on the shoulders' of the women who came before her on the court."
Posted at 05:40 PM by Howard Bashman


"'Mr. Clean Water Act' faces his biggest challenge": Jeremy P. Jacobs and Annie Snider of Greenwire have this report.
Posted at 05:17 PM by Howard Bashman


"Gov. Mary Fallin postpones Richard Glossip's execution until Nov. 6": The Tulsa World has this news update.

And The Associated Press reports that "Governor halts execution for Oklahoma inmate."

Oklahoma Governor Mary Fallin has issued a statement titled "Governor Fallin Issues Stay of Richard Glossip Execution While State Reviews Protocol Questions."
Posted at 05:12 PM by Howard Bashman



"Billionaire Koch defeats appeal in fake wine case": Jonathan Stempel of Reuters has this report on a non-precedential summary order that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 03:42 PM by Howard Bashman


"Inmate challenges execution over use of 'secret' drugs": The Associated Press has this report.
Posted at 02:58 PM by Howard Bashman


"Retroactivity, the Due Process Clause, and the Federal Question in Montgomery v. Louisiana": Jason M. Zarrow and William H. Milliken have this essay at Stanford Law Review Online. Earlier this year, they published a related article in the Indiana Law Review.
Posted at 11:14 AM by Howard Bashman


"Court Rules N.C.A.A. 'Is Not Above Antitrust Laws'": The New York Times has this news update reporting on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

In other coverage, Dan Levine and David Ingram of Reuters report that "U.S. appeals court upholds most of antitrust ruling against NCAA."

Pamela A Maclean and Eben Novy-Williams of Bloomberg News report that "U.S. College Athletes Get School Costs Paid But No Cash."

The Associated Press reports that "Appeals court rules NCAA in violation of antitrust laws."

And at "SCOTUSblog," Lyle Denniston has a post titled "Appeals court rules that ban on pay for college athletes is illegal."
Posted at 11:10 AM by Howard Bashman



NextGen Appellate CM/ECF e-filing update: Earlier this month, I had a post titled "Is the current method of federal appellate electronic filing becoming technologically obsolete?" and a related follow-up post the next morning.

Yesterday evening, I received the following email from longtime "How Appealing" reader David A. Sellers, who serves as Public Affairs Officer at the Administrative Office of the U.S. Courts:

I am pleased to notify you that earlier today we informed the courts that the first release of the appellate version of the Next Generation of CM/ECF (NextGen) software is now available to all appellate courts and bankruptcy appellate panels. The AO will provide training and support assistance to these courts as they begin the process of installing, configuring, testing, and training their staff and the bar on the new features provided in this release. Each court determines when it is prepared to go-live, so implementation dates will vary.

As you know, the Second and Ninth Circuit Courts of Appeals, serving as pilot courts, have been live on the first release of NextGen CM/ECF since October 2014, working closely with the AO to identify improvements to the application. This effort has resulted in a NextGen CM/ECF product that is stable and ready for deployment to the remaining appellate courts and bankruptcy appellate panels.

NextGen CM/ECF Release 1.0.1 for the appellate courts and bankruptcy appellate panels will provide enhanced Appellate Attorney Filing. This means the Java plug-in for attorney filers has been removed and a more modern and streamlined interface has been provided. (The removal of the Java plug-in allows attorneys to be able to continue to file using browsers such as Microsoft Edge and Chrome, which have recently dropped support of the Java plug-in.)

It also will provide Central Sign-on, so all public and judiciary users will be able to maintain one account to access all courts that are live on the first release of the NextGen CM/ECF software.

I thank David for sending along this welcome news and for allowing me to share it with this blog's readership.
Posted at 10:24 AM by Howard Bashman


"US supreme court: conservatives set to retake reins after year of liberal wins; After a spate liberal decisions on gay marriage and Obamacare, experts predict the court's conservative majority will reassert itself ahead of the 2016 election." Dan Roberts of The Guardian (UK) has this report.
Posted at 08:42 AM by Howard Bashman


"Snyder expected to name new Michigan Supreme Court justice Wednesday": MLive.com has this report.
Posted at 08:40 AM by Howard Bashman


"Colorado Supreme Court weighs avalanche risk in ski-area wrongful-death case; Lawyers spar over whether lawmakers intended list of risks in Colorado Ski Safety Act to be exclusive": Jason Blevins has this front page article in today's edition of The Denver Post.

And The Associated Press reports that "Colorado high court weighs ski resorts' avalanche liability."
Posted at 08:37 AM by Howard Bashman



"Doug Kendall, Liberal Who Challenged Supreme Court's Conservatives, Dies at 51": This obituary appears online at The New York Times.
Posted at 08:32 AM by Howard Bashman


Tuesday, September 29, 2015

"Commission votes 7-1 to remove Ten Commandments from Oklahoma Capitol grounds": Barbara Hoberock of The Tulsa World has this news update.

Reuters reports that "Oklahoma to remove Ten Commandments monument from Capitol by Oct. 12."

And The Associated Press reports that "Oklahoma panel orders removal of Ten Commandments monument."
Posted at 11:09 PM by Howard Bashman



"NFL's 'Deflategate' appeal to be heard in February -- court order": Reuters has this report.
Posted at 10:12 PM by Howard Bashman


Remember, last year orders from the U.S. Supreme Court's long conference were not issued until Thursday: See my post from last year at this link. The extra few days of delay was part of the Court's ongoing effort to be even more careful to grant review only in cases that are truly deserving.
Posted at 03:40 PM by Howard Bashman


"U.S. appeals court backs SEC's use of in-house trials": Reuters has this report.

And The Associated Press reports that "Appeals Court upholds SEC power to resolve cases in-house."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:32 PM by Howard Bashman



"El Paso abortion clinic reopens amid Texas court battles": The Associated Press has this report.
Posted at 01:26 PM by Howard Bashman


"New York credit card surcharge ban revived by U.S. court": 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 01:22 PM by Howard Bashman


"Appeals court refuses to rehear Kansas abortion threat case": The Associated Press has this report on an order that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 01:09 PM by Howard Bashman


"What Next Year's Attack on Obamacare Will Look Like: Houses of worship don't have to offer employees contraceptive coverage; But other religious employers do; Supreme Court, here we come." Ilya Shapiro and Josh Blackman have this essay online today at The Daily Beast.
Posted at 10:18 AM by Howard Bashman


In the October 2015 issue of ABA Journal magazine: Mark Walsh has articles headlined "John Roberts marks 10 years as chief justice by taking the long view" and "Will the Supreme Court 'peck away at' capital punishment?"

And the new installment of Bryan A. Garner's "On Words" column is headlined "Tips on organizing your table of contents for statutory and contractual interpretations."
Posted at 10:14 AM by Howard Bashman



"Protester who disrupted gay marriage case takes plea deal": The Associated Press has this report. No word on whether the "refreshing" nature of the disruption helped mitigate the penalty.
Posted at 10:06 AM by Howard Bashman


"Legal fight over Obama's immigration orders may outlast his presidency": Ariane de Vogue of CNN.com has this report today.
Posted at 10:03 AM by Howard Bashman


"Hogan urges people to collect tax refunds": Today's edition of The Baltimore Sun contains a front page article that begins, "Gov. Larry Hogan on Monday encouraged taxpayers to apply for more than $200 million in refunds they are entitled to under a Supreme Court ruling."
Posted at 09:46 AM by Howard Bashman


"Why one reporter is suing Missouri over death-penalty secrecy -- again": Deron Lee of Columbia Journalism Review has this report.
Posted at 09:42 AM by Howard Bashman


"The Disappearing Precedent: When courts 'de-publish' rulings to limit their impact." Andrew Cohen has this essay online at The Marshall Project.
Posted at 09:40 AM by Howard Bashman


"How Prosecutors Get Away With Cutting Black Jurors: This term, the Supreme Court will consider an outrageous case of prosecutorial misconduct; But will it do anything about it?" Jay Michaelson has this essay online at The Daily Beast.
Posted at 09:37 AM by Howard Bashman


"AG Kathleen Kane can't do certain things during law license suspension, says PA. Supreme Court Chief Justice": The Patriot-News of Harrisburg, Pennsylvania has this report.

Brad Bumsted of The Pittsburgh Tribune-Review has an article headlined "Chief Justice: No partisan deal to forge unanimous opinion for Kane's suspension."

In today's edition of The Philadelphia Inquirer, Angela Couloumbis has an article headlined "Chief justice: Kane's suspended license no bar to staying in office."

And Robert Swift of The Citizens' Voice of Wilkes-Barre, Pennsylvania has an article headlined "PA Chief Justice: Kane resignation a personal matter."
Posted at 09:32 AM by Howard Bashman



Monday, September 28, 2015

Judge Posner on weed: Circuit Judge Richard A. Posner issued this opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 11:20 PM by Howard Bashman


"N.J. Supreme Court orders new trial in KFC greasy floor injury case": NJ.com has this report on a ruling that the Supreme Court of New Jersey issued today.
Posted at 11:14 PM by Howard Bashman


"U.S. Supreme Court to hear appeal in Carr brothers case": The Wichita Eagle has this report.
Posted at 11:08 PM by Howard Bashman


"U.S. Supreme Court weighs San Jose fight against MLB": Howard Mintz of The San Jose Mercury News has this report.
Posted at 11:06 PM by Howard Bashman


"Everything You Need To Know About The Big Supreme Court Cases The Justices Will Hear This Term": Ian Millhiser has this essay online today at ThinkProgress.
Posted at 11:04 PM by Howard Bashman


"Humane Criminal Justice Is Not Hopeless: The Supreme Court is beginning to take cruel and unusual punishment seriously -- just like Pope Francis is." Robert J. Smith has this jurisprudence essay online today at Slate.
Posted at 11:02 PM by Howard Bashman


"When Judges Rely on Their Own Online Research: A recent Seventh Circuit ruling tests the use of information gathered from the Internet." Aaron S. Bayer recently had this essay in The National Law Journal.
Posted at 10:54 PM by Howard Bashman


"Chief Justice John Roberts' Supreme Court at 10, defying labels": Richard Wolf of USA Today has this report.
Posted at 05:22 PM by Howard Bashman


"U.S. court hears challenge to $5.7 billion Visa, MasterCard settlement": Nate Raymond of Reuters has this report.
Posted at 04:10 PM by Howard Bashman


"Death row inmate Richard Glossip denied stay, Wednesday execution to move forward": Graham Lee Brewer of The Oklahoman has this news update.

The Tulsa World has a news update headlined "Oklahoma Court of Criminal Appeals denies Richard Glossip's execution challenges."

The Associated Press reports that "Oklahoma appeals court says Glossip's execution can proceed."

And Reuters reports that "Oklahoma court denies motion to halt execution of Glossip."
Posted at 04:06 PM by Howard Bashman



Greg Stohr of Bloomberg News on "Covering the Supreme Court": Harvard Law School has posted this video online at YouTube.
Posted at 11:15 AM by Howard Bashman


"Giving Religious Liberty a Bad Name": Kenneth Jost had this post yesterday at his blog, "Jost on Justice."
Posted at 11:09 AM by Howard Bashman


"With next term looming, U.S. top court's justices mull new cases": Lawrence Hurley of Reuters has this report.
Posted at 11:06 AM by Howard Bashman


"Georgia Woman Set to Die Despite Anti-Death-Penalty Pleas; Kelly Gissendaner faces execution by lethal injection at a state prison for her role in her husband's murder": Cameron McWhirter has this article in today's edition of The Wall Street Journal.

And in yesterday's edition of The Atlanta Journal-Constitution, Rhonda Cook had an article headlined "Justice has different meanings for Kelly Gissendaner's family."
Posted at 10:35 AM by Howard Bashman



"Bloomberg Poll: Americans Want Supreme Court to Turn Off Political Spending Spigot; Americans are divided on the justices' decisions on gay marriage, health care, and abortion; But not on campaign finance." Greg Stohr of Bloomberg News has this report.
Posted at 10:33 AM by Howard Bashman


"Why The Most Urgent Civil Rights Cause Of Our Time Is The Supreme Court Itself": Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online today at TPM Cafe.
Posted at 10:32 AM by Howard Bashman


"President Bush's Judiciary At Ten Years, and Looking Forward to 2017": Josh Blackman has this post today at his blog.
Posted at 10:28 AM by Howard Bashman


"Chief Justice John Roberts Amasses Conservative Record, and the Right's Ire": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:25 AM by Howard Bashman


Sunday, September 27, 2015

"Five Supreme Court cases to watch": Lydia Wheeler of The Hill has this report today.
Posted at 10:38 PM by Howard Bashman


"Justices could review nonprofits' contraceptives objection": Mark Sherman of The Associated Press has this report.
Posted at 10:35 PM by Howard Bashman


"Supreme Court may hear Texas abortion case; A ruling on the state's requirements for abortion providers could roil the 2016 race": Jennifer Haberkorn of Politico.com has this report today.
Posted at 10:33 PM by Howard Bashman


"U.S. court to revisit Guantanamo detainee's conspiracy conviction": Lawrence Hurley of Reuters has this report.
Posted at 10:30 PM by Howard Bashman


"School uniforms -- the answer to free speech issues at high schools": Online at The Washington Post, columnist Charles Lane has an essay that begins, "The federal judiciary does many things well. Writing high school dress codes is not one of them."
Posted at 09:42 AM by Howard Bashman


"Doug Kendall RIP": Randy Barnett has this post today at "The Volokh Conspiracy."
Posted at 09:30 AM by Howard Bashman


Saturday, September 26, 2015

"NPR reporter shares untold stories of Supreme Court": The Bowling Green Daily News had this report earlier this week.
Posted at 11:16 PM by Howard Bashman


Friday, September 25, 2015

"$50 million Comcast settlement gives $15 credit to some customers": This article will appear in Saturday's edition of The Philadelphia Inquirer.

This is the same case that resulted in a ruling on the merits from the U.S. Supreme Court in March 2013.
Posted at 07:55 PM by Howard Bashman



"D.C. Circuit Grants Rehearing En Banc in al Bahlul": Steve Vladeck has this post at "Just Security" about an order granting rehearing en banc that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 04:40 PM by Howard Bashman


Ninth Circuit affirms denial of preliminary injunction sought by International Franchise Association against enforcement of Seattle's recently enacted minimum wage ordinance: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Paul D. Clement had argued the appeal for the appellants earlier this month.

Update: In other coverage, The Seattle Times reports that "Franchise group loses appeal over Seattle minimum-wage law."
Posted at 02:14 PM by Howard Bashman



"Court Clears Ex-Margate Official In Bribery Case": CBS Miami has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.
Posted at 12:20 PM by Howard Bashman


"Texas Is Making Its Own Execution Drugs, Oklahoma Inmate Alleges; Many death penalty states have struggled to obtain a lethal injection drug that Texas has consistently been able to procure; In a filing Thursday in Oklahoma, lawyers provided evidence that Texas sold pentobarbital to Virginia in August": Chris McDaniel of BuzzFeed News has this report.
Posted at 12:06 PM by Howard Bashman


"Chief Justice Roberts' record isn't conservative enough for some activists": David G. Savage of The Los Angeles Times has this report.
Posted at 12:01 PM by Howard Bashman


"Justice Alito steers clear of controversy in UK talk": The Lexington Herald-Leader has this report.

And The Kentucky Kernel, the student newspaper of the University of Kentucky, reports that "Supreme Court Justice visits UK, interviews himself." The article begins, "The questions from UK law students were too polite for U.S. Supreme Court Justice Samuel Alito, so he asked the 'nasty' questions himself."
Posted at 10:28 AM by Howard Bashman



"Supreme Court Justice Stephen Breyer: Judges should know law beyond U.S. shores." The Pasadena Star-News has this report.

And on Tuesday, UCLA Newsroom issued a news release titled "Supreme Court Justice Stephen Breyer speaks at UCLA Law; The event is the first in a series of 'Conversations with the Dean.'"
Posted at 08:53 AM by Howard Bashman



"Judgement Day 2016: The Future of the Supreme Court as a Critical Issue in the 2016 Presidential Election." People For the American Way issued this report yesterday, along with a related news release.

Also yesterday, Elliot Mincberg of PFAW had a blog entry at The Huffington Post titled "Why November 8, 2016 is Judgment Day for the Supreme Court -- and Our Rights."
Posted at 08:47 AM by Howard Bashman



Thursday, September 24, 2015

"Is the Bar Too Low to Get Into Law School?" That's the topic for discussion in the current "Room for Debate" feature online at The New York Times.
Posted at 11:26 PM by Howard Bashman


"How Rand Paul Misunderstands the Fourteenth Amendment: The Kentucky senator points to its author's intent to justify his opposition to birthright citizenship -- but the clause in question has no clear author." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 10:02 PM by Howard Bashman


"America's Most Admired Lawbreaker: Over the course of 20 years, Johnson & Johnson created a powerful drug, promoted it illegally to children and the elderly, covered up the side effects and made billions of dollars; This is the inside story." Huffington Post Highline has posted online this multi-part article by Steven Brill.

Brill spoke about the article in a segment titled "Johnson & Johnson And The Big Lies Of Big Pharma" on Tuesday's broadcast of On Point with Tom Ashbrook.
Posted at 09:58 PM by Howard Bashman



"Death for the Death Penalty? Justice Scalia Predicts It's Coming; On the same week that Pope Francis calls for an end to the death penalty, a Supreme Court justice who backs it predicts its demise." Greg Stohr of Bloomberg News has this report.
Posted at 05:20 PM by Howard Bashman


"U.S. appeals court upholds Shire's patents on hyperactivity drug": Reuters has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 05:17 PM by Howard Bashman


"Pope Francis visits Little Sisters of the Poor": Vatican Radio has this report.
Posted at 05:14 PM by Howard Bashman


"Supreme Court Preview of the 2015 Term": The Heritage Foundation has posted the video of Tuesday's event online at YouTube at this link.
Posted at 03:44 PM by Howard Bashman


"Jesus Town: An Arizona city council votes for Christian-only prayers, citing the Constitution." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 02:14 PM by Howard Bashman


"E-books, price fixing and the Supreme Court: Apple goes to Washington." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 02:03 PM by Howard Bashman


"John Roberts Dismantled the 'Crown Jewel' of the Civil-Rights Movement: The Supreme Court said that times have changed; So why were 180 restrictive voting laws passed after it gutted the Voting Rights Act?" Theodore M. Shaw has this essay in the October 12, 2015 issue of The Nation.
Posted at 01:56 PM by Howard Bashman


"Parents Tried to Desegregate Their Schools; The Roberts Court Said No. The conservative majority rewrote decades of equal protection law in the name of a fictional color-blind Constitution." William Yeomans has this essay in the October 12, 2015 issue of The Nation.
Posted at 01:54 PM by Howard Bashman


"The Roberts Court Is Gunning for Public Sector Unions: For decades the Supreme Court supported rules to protect collective bargaining; That era is over." Lily Eskelsen Garcia has this essay in the October 12, 2015 issue of The Nation.
Posted at 01:50 PM by Howard Bashman


"Think Police Can't Use Illegally Obtained Evidence Against You? Think Again; Thanks to the Roberts Court, there's no penalty for ignoring a key 4th Amendment protection." Law professor Paul Butler has this essay in the October 12, 2015 issue of The Nation.
Posted at 01:48 PM by Howard Bashman


"The Many Sins of 'Citizens United': In order to get the ruling they wanted, the conservative justices had to ignore an extensive record on political corruption." U.S. Senator Sheldon Whitehouse (D-RI) has this essay in the October 12, 2015 issue of The Nation.
Posted at 01:45 PM by Howard Bashman


"It Just Got a Lot Harder for Americans to Have Their Day in Court: By rewriting the rules for civil complaints, the Supreme Court denied access to poor and middle-class people -- and handed a big gift to corporate interests." Law professor Arthur R. Miller has this essay in the October 12, 2015 issue of The Nation.
Posted at 01:42 PM by Howard Bashman


"The Death of the Class-Action Lawsuit? Class actions were the weapon of the people -- until the Roberts Court made it nearly impossible to file one." Law professor Herman Schwartz has this essay in the October 12, 2015 issue of The Nation.
Posted at 01:39 PM by Howard Bashman


"How 'Hobby Lobby' Launched a Right-Wing Crusade: The 2014 ruling has enabled corporations and Christian zealots to claim 'religious liberty' as an excuse to deny women's rights and skirt the law." Dahlia Lithwick has this essay in the October 12, 2015 issue of The Nation.
Posted at 01:36 PM by Howard Bashman


"The Case Against the Roberts Court: In the decade since John Roberts was appointed chief justice, the Supreme Court has favored the powerful at the expense of everyone else." Nan Aron and Kyle C. Barry have this cover story in the October 12, 2015 issue of The Nation.
Posted at 01:32 PM by Howard Bashman


"Is the Death Penalty Unconstitutional? Following a controversial ruling over lethal injections, Justice Breyer suggested that capital punishment may violate the 8th Amendment; It's time to bring that case to court." George H. Kendall has this essay in the October 12, 2015 issue of The Nation.
Posted at 01:28 PM by Howard Bashman


"This Isn't the Roberts Court -- It's the Kennedy Court: The Court's results are mixed, not because of John Roberts's leadership but because of Anthony Kennedy's more balanced commitments." Law professor David Cole has this essay in the October 12, 2015 issue of The Nation.
Posted at 01:23 PM by Howard Bashman


"How the Roberts Court Undermined Sensible Gun Control: Why did the conservative justices, who seem so devoted to 'originalism,' upend the well-established meaning of the 2d Amendment?" Dorothy Samuels has this essay in the October 12, 2015 issue of The Nation.
Posted at 01:10 PM by Howard Bashman


"Justice Scalia at Rhodes: 'Don't mess with the Constitution.'" Jennifer Pignolet had this article in yesterday's edition of The Memphis Commercial Appeal.
Posted at 01:07 PM by Howard Bashman


"The Supreme Court's Secret Power": Law professor Jeffrey L. Fisher will have this op-ed in Friday's edition of The New York Times.
Posted at 11:30 AM by Howard Bashman


"3rd Circuit grants en banc review of Dole farmers' pesticide claims": Reuters has this report on an order that the U.S. Court of Appeals for the Third Circuit issued on Tuesday granting rehearing en banc.

My coverage of the now-vacated ruling that a divided three-judge Third Circuit panel previously issued in the case can be accessed here.
Posted at 11:20 AM by Howard Bashman



"Supreme Court Justice to act as temporary professor": The Kentucky Kernel, the student newspaper of the University of Kentucky, contains this front page article today about Justice Samuel A. Alito, Jr.'s visit to campus.
Posted at 11:06 AM by Howard Bashman


"The Case Against Richard Glossip Is Crumbling, But He Is Still Scheduled to Die in a Week": Liliana Segura of The Intercept has this report.
Posted at 11:00 AM by Howard Bashman


"When the Womb Is a Crime Scene: Alabama has turned hundreds of pregnant women into felons for using drugs -- even when they're legal and the kids turn out fine." Yesterday, ProPublica, AL.com, and Mother Jones jointly published this article (click on preceding links to access).
Posted at 10:58 AM by Howard Bashman


"Court locks down copyright for Batmobile": Bob Egelko of The San Francisco Chronicle has this report.

Dan Levine of Reuters has a report headlined "Holy lawsuit, Batman! U.S. court affirms Batmobile's copyright."

The Associated Press reports that "Court rules Batmobile is entitled to copyright protection."

At the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "DC Comics Is Entitled to Copyright on Batmobile, Appeals Court Rules; The 9th Circuit rules that the automotive character is sufficiently distinctive to be protected as a work of authorship."

And at Techdirt, Mike Masnick has a post titled "Appeals Court Says The Batmobile Is A 'Character' Covered By Copyright."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:52 AM by Howard Bashman



"In Memoriam: Hon. Richard D. Cudahy, 1926-2015." The U.S. Court of Appeals for the Seventh Circuit has posted a statement at the top of its home page and has also posted this additional document.
Posted at 10:36 AM by Howard Bashman


"Appeals court reinstates W.Va. attempted robbery conviction": The Associated Press has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued yesterday.

Each of the three judges on the panel issued an opinion. Notably, the decision includes a concurring opinion that is more than twice as long as the majority opinion.
Posted at 10:30 AM by Howard Bashman



"NYC knife law challenge is revived by U.S. appeals court": Jonathan Stempel of Reuters has this report.

My earlier coverage of Tuesday's Second Circuit ruling appears at this link.
Posted at 08:34 AM by Howard Bashman



"Cudahy, 'a real gentleman,' ran meatpacker, built law career": This obituary, written by Bruce Vielmetti, appears in today's edition of The Milwaukee Journal Sentinel.
Posted at 08:30 AM by Howard Bashman


Wednesday, September 23, 2015

"Judicial Review in an Objective Legal System: An Interview with Tara Smith." This interview was posted online yesterday at The Undercurrent.

Professor Tara Smith's new book is titled "Judicial Review in an Objective Legal System."
Posted at 11:40 PM by Howard Bashman



"Four Votes to Midnight": Matt Ford has this post online at The Atlantic.
Posted at 11:30 PM by Howard Bashman


"No, Chief Justice Roberts' Judicial Restraint Isn't Admirable": Evan Bernick had this blog entry yesterday at The Huffington Post.
Posted at 11:23 PM by Howard Bashman


Tuesday, September 22, 2015

"The Appellate Record: Adequate or Not?" is the theme of the September 2015 edition of "Appellate Issues," a publication of the American Bar Association Judicial Division's Council of Appellate Lawyers. You can access the new issue of the publication at this link.

My contribution to this issue is titled "Raising New Issues on Appeal: The Legal Aspect of the Record on Appeal."
Posted at 02:20 PM by Howard Bashman



"Controversial Gravity Knife Law Challenged in Federal Court": In January, The Village Voice published an article that begins, "A New York appeals court heard oral arguments on January 14 in a challenge to a controversial knife law that has landed tens of thousands of suspects in jail over the past ten years."

Last November, The Voice published a length article headlined "How a '50s-Era New York Knife Law Has Landed Thousands in Jail."

Today. a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued a decision reversing the dismissal of an as-applied vagueness challenge to a New York law criminalizing the possession of "gravity knives."
Posted at 01:18 PM by Howard Bashman



"PETA sues to give monkey the copyright of selfie photos": The Associated Press has this report on a case that could sooner or later end up in the U.S. Court of Appeals for the Ninth Circuit.
Posted at 11:54 AM by Howard Bashman


"In states with elected high court judges, a harder line on capital punishment": Dan Levine and Kristina Cooke of Reuters have this report.
Posted at 11:50 AM by Howard Bashman


"Supreme Court Preview of the 2015 Term": The Heritage Foundation is hosting this event, scheduled to begin in just 15 minutes from now, and you can view the event live, online via this link once it gets underway.

Attorneys Lisa S. Blatt and Paul D. Clement are scheduled to participate as speakers.
Posted at 11:45 AM by Howard Bashman



"Shelby blames White House for lack of judges": Mary Troyan of The Montgomery (Ala.) Advertiser has this report.

And in today's edition of The Washington Post, columnist Catherine Rampell has an op-ed titled "Republicans are clogging the judicial pipeline."
Posted at 11:36 AM by Howard Bashman



"This Will Probably Be The Biggest Supreme Court Term For Reproductive Rights Since Roe v. Wade": Ian Millhiser has this post today at ThinkProgress.
Posted at 11:32 AM by Howard Bashman


"Supreme Court Justice Ruth Bader Ginsburg Ditches Her Gavel to Play DJ": ABC News has this report.
Posted at 08:10 AM by Howard Bashman


"Rush for gender equality with top judges 'could have appalling consequences for justice'": The Evening Standard (UK) has an article that begins, "One of the country's most senior judges today warned that rushing to achieve equal representation for women at the top of the legal profession could inflict 'appalling consequences' on the quality of British justice."

And in related coverage, The Guardian (UK) has an article headlined "Don't rush gender equality in UK legal profession, says supreme court judge; Lord Sumption says pro-women bias could put off talented male candidates and suggests female lawyers are less willing to accept long hours."
Posted at 08:09 AM by Howard Bashman



"Wisconsin Supreme Court Justice N. Patrick Crooks dies": Bruce Vielmetti has this front page article in today's edition of The Milwaukee Journal Sentinel.
Posted at 08:02 AM by Howard Bashman


"Former state Supreme Court justice appeals conviction": Torsten Ove has this article in today's edition of The Pittsburgh Post-Gazette.
Posted at 07:58 AM by Howard Bashman


Monday, September 21, 2015

"Ascertainability sinks consumers' antitrust case v. alleged egg cartel": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 11:09 PM by Howard Bashman


"Google Advertisers Win Appeal to Sue as Group Over AdWords": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:02 PM by Howard Bashman


"Ohio Judge Loses Fundraising Challenge": Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 10:55 PM by Howard Bashman


"Landmark Cases: 12 Historic Supreme Court Decisions," by Tony Mauro. C-SPAN today announced the publication of this book as a companion to that network's upcoming series.
Posted at 08:22 PM by Howard Bashman


"U.S. justices unlikely to address death penalty's constitutionality": Lawrence Hurley of Reuters has this report.
Posted at 08:14 PM by Howard Bashman


"Choosing Between Trial And Appellate Work": Mark Herrmann has this post today at "Above the Law."
Posted at 05:44 PM by Howard Bashman


"Erwin Chemerinsky Supreme Court Preview": You can listen to episode one of UCI Law Talks podcast at this link.
Posted at 05:42 PM by Howard Bashman


"The Lonely Road Ahead for John Roberts": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 05:40 PM by Howard Bashman


"Justice Alito Reflects on his Tenth Anniversary on #SCOTUS": Josh Blackman has this post today at his blog.
Posted at 05:06 PM by Howard Bashman


"Supreme Court suspends Attorney General Kane's law license": The Patriot-News of Harrisburg, Pennsylvania has this report, along with a report headlined "Pa. Attorney General Kathleen Kane disappointed with license suspension, but staying in office."

Angela Couloumbis and Craig R. McCoy of The Philadelphia Inquirer have a news update headlined "Pa. Supreme Court suspends Kane's license."

Brad Bumsted of The Pittsburgh Tribune-Review reports that "Pa. Supreme Court suspends Attorney General Kane's law license."

And The Associated Press reports that "Court suspends Pennsylvania attorney general's law license."

You can access today's order of the Supreme Court of Pennsylvania at this link.
Posted at 03:18 PM by Howard Bashman



"On Supreme Court, Republicans Out of the Mainstream": Kenneth Jost had this post yesterday at his blog, "Jost on Justice."
Posted at 07:00 AM by Howard Bashman


Sunday, September 20, 2015

"Potshots aside, we need 2016 debate about Supreme Court": Columnist Stephen Henderson has this essay in today's edition of The Detroit Free Press.
Posted at 11:08 PM by Howard Bashman


"Cruz follows Obama in throwing Roberts under the bus": Michael McGough has this essay online at The Los Angeles Times.
Posted at 07:50 PM by Howard Bashman


"Fired Wal-Mart workers had a right to defend themselves, Utah's high court says": Yesterday's edition of The Salt Lake Tribune contained this front page article.

And The Deseret News reports that "Utah high court sides with fired Wal-Mart employees who claimed self-defense."

You can access Friday's ruling of the Supreme Court of Utah at this link.
Posted at 12:54 PM by Howard Bashman



"How to Close Guantanamo": This editorial appears in today's edition of The New York Times.
Posted at 12:40 PM by Howard Bashman


David Margolick reviews Wil Haygood's new book, "Showdown: Thurgood Marshall and the Supreme Court Nomination That Changed America." At this link, from the Sunday Book Review section of today's edition of The New York Times.
Posted at 12:36 PM by Howard Bashman


Saturday, September 19, 2015

"How the South's Public Enemy No. 1 climbed onto the Supreme Court": Law professor Annette Gordon-Reed has this review of Wil Haygood's new book, "Showdown: Thurgood Marshall and the Supreme Court Nomination That Changed America," online at The Washington Post.
Posted at 01:57 PM by Howard Bashman


"Utah Supreme Court sets high bar for grandparent visitation orders; Parents generally have final say on who interacts with their children": Pamela Manson of The Salt Lake Tribune has this report.

You can access Wednesday's ruling of the Supreme Court of Utah, which Associate Chief Justice Thomas R. Lee wrote on behalf of a unanimous court, at this link.
Posted at 01:52 PM by Howard Bashman



"America, The Next Hobby Lobby Case Is Heading For The Supreme Court: The justices could again weigh women's health care against religious liberty." Cristian Farias of The Huffington Post has this report.
Posted at 01:36 PM by Howard Bashman


"Court Maintains Laches Defense for Back Damages in Patent Cases": At his "Patently-O" blog, Dennis Crouch has this post about an en banc ruling that the U.S. Court of Appeals for the Federal Circuit issued yesterday.
Posted at 01:17 PM by Howard Bashman


"California can't charge out-of-state fishers higher fees, court rules": Maura Dolan of The Los Angeles Times has this report.

And Bob Egelko of The San Francisco Chronicle reports that "Ruling against pricier fishing licenses for nonresidents upheld."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:18 AM by Howard Bashman



"U.S. appeals court strikes down one-gun-a-month law in District": Ann E. Marimow and Spencer S. Hsu of The Washington Post have this report.

My earlier coverage of yesterday's D.C. Circuit ruling appears at this link.
Posted at 09:28 AM by Howard Bashman



Friday, September 18, 2015

"Mark Fuller, Former Federal District Court Judge, Could Be Impeached": Alan Blinder will have this article in Saturday's edition of The New York Times.

And The Montgomery Advertiser has a news update headlined "Report: Fuller physically abused woman 8 times, lied under oath."
Posted at 10:23 PM by Howard Bashman



"Alabama Supreme Court says state doesn't have to recognize lesbian adoption from Georgia": Kent Faulk of The Birmingham News has a report that begins, "The Alabama Supreme Court on Friday refused to recognize an adoption by a lesbian mother of her three children granted by a Georgia court in 2007."

The Associated Press reports that "Alabama court refuses to recognize lesbian mother's adoption."

And Reuters reports that "Alabama court voids lesbian couple's Georgia adoption agreement."

You can access today's per curiam ruling of the Supreme Court of Alabama at this link.
Posted at 10:18 PM by Howard Bashman



"Justice Stephen Breyer: The Court and the World." Justice Stephen G. Breyer spoke yesterday at the National Constitution Center with the Center's president, Jeffrey Rosen. You can view the video of the event at this link.
Posted at 03:18 PM by Howard Bashman


"Trust in U.S. Judicial Branch Sinks to New Low of 53%": Gallup issued this news release today.
Posted at 02:06 PM by Howard Bashman


"Congratulations, GOP. You're Confirming Judges At The Slowest Rate In 60 Years." Jennifer Bendery of The Huffington Post has this report.
Posted at 02:04 PM by Howard Bashman


"Ted Cruz on John Roberts: Why Let the Facts Get in the Way?" Brianne Gorod has this post today at the "Text & History Blog" of the Constitutional Accountability Center.
Posted at 02:01 PM by Howard Bashman


"Ruling sets up new review of religious objections to contraceptive mandate": Robert Barnes of The Washington Post has this report.

And Bloomberg News reports that "Religious Groups Win Bid to Ignore Obamacare Coverage Rule."
Posted at 01:56 PM by Howard Bashman



"Appeals court strikes down parts of D.C. gun registration requirements": Andrea Noble of The Washington Times has this news update.

Lawrence Hurley of Reuters reports that "Washington, D.C., gun laws partly upheld by U.S. court."

And The Associated Press has a report headlined "DC gun laws: Appeals court strikes some down."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit in Heller v. District of Columbia at this link.
Posted at 01:52 PM by Howard Bashman



"New York Church Appeals to Supreme Court in Lawsuit Against Wal-Mart; Trinity Wall Street church wants high court to weigh in on dispute over shareholders' say on products": Sarah Nassauer of The Wall Street Journal has an article that begins, "A New York church is asking the U.S. Supreme Court to weigh in on its dispute with Wal-Mart Stores Inc. over whether shareholders should have a greater say in what products a company sells."

You can freely access the full text of the article via Google.
Posted at 08:04 AM by Howard Bashman



"GOP candidates split decision over the Supreme Court": Ariane de Vogue of CNN.com has this report.
Posted at 08:02 AM by Howard Bashman


"Appeals courts now split on birth control mandate": Lyle Denniston has this post at "SCOTUSblog."
Posted at 08:00 AM by Howard Bashman


"Miami Heat part-owner cannot suppress tongue-wagging photo": Jonathan Stempel of Reuters has this report on a per curiam decision that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.
Posted at 07:58 AM by Howard Bashman


Thursday, September 17, 2015

"Abortion Bills Advance, Setting Up a Showdown": This article will appear in Friday's edition of The New York Times.
Posted at 10:09 PM by Howard Bashman


"Kane fights release of some porn emails": Angela Couloumbis has this article in today's edition of The Philadelphia Inquirer.
Posted at 10:07 PM by Howard Bashman


"In a visit to Harvard Law, Kagan reflects on her career and the Court": Harvard Law Today has this report.

And online at YouTube, you can access a related video titled "Associate Justice Elena Kagan speaks with Dean Martha Minow."
Posted at 09:36 PM by Howard Bashman



"The Supreme Court Has Nothing to Hide, So Don't Look: Stephen Breyer swears the justices are just the nicest people." Dahlia Lithwick has this jurisprudence essay online today at Slate.
Posted at 09:22 PM by Howard Bashman


"Appeals court steps into abortion-video fray": Josh Gerstein of Politico.com has this blog post.
Posted at 08:30 PM by Howard Bashman


"World Trade Center developer gets new chance for damages": Jonathan Stempel of Reuters has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 08:27 PM by Howard Bashman


"Judicial Conference says former Alabama federal judge's conduct was reprehensible": The Associated Press has a report that begins, "A letter to a House committee says a judicial investigation found evidence a former federal judge had abused his wife and made false statements to the committee investigating his arrest on a spousal abuse charge."

You can view the letter and an attachment thereto at this link.
Posted at 08:15 PM by Howard Bashman



"Roberts at 10: A Very Conservative Chief Justice Who Occasionally Surprises." The Constitutional Accountability Center today posted online this report written by Brianne Gorod, the final installment in the organization's "Roberts at 10" series.
Posted at 02:46 PM by Howard Bashman


"Appeals court revives Insane Clown Posse lawsuit against FBI": MLive.com has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.

And in other coverage, The Associated Press reports that "Court revives case filed on behalf of Insane Clown Posse."
Posted at 01:58 PM by Howard Bashman



"Judicial Conference Updates Rules for Judicial Conduct Proceedings, Strategic Plan": The Administrative Office of the U.S. Courts issued this news release today.
Posted at 01:54 PM by Howard Bashman


"Appeals judges uphold Borgata weight rules in 'babes' suit": The Atlantic City Press has this news update.

And The Associated Press reports that "Panel upholds casino's 'Borgata Babes' weight restrictions."

You can access today's ruling of a three-judge panel of the Superior Court of New Jersey, Appellate Division, at this link.
Posted at 01:50 PM by Howard Bashman



"Apple deserves injunction against Samsung smartphone features: U.S. appeals court." Reuters has this report.

And Bloomberg News reports that "Apple Wins Ruling to Force Samsung to Change Products."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit at this link. Each of the three judges issued an opinion.
Posted at 01:42 PM by Howard Bashman



"Contraception opt-out violates religious freedom: U.S. appeals court." Reuters has this report on two rulings that the U.S. Court of Appeals for the Eighth Circuit issued today. You can access the rulings here and here.
Posted at 01:32 PM by Howard Bashman


"Thurgood Marshall, Badass Lawyer: The Supreme Court justice may have left a stronger legacy off the bench." Michael O'Donnell has this review of Wil Haygood's new book, "Showdown: Thurgood Marshall and the Supreme Court Nomination That Changed America," in the October 2015 issue of The Atlantic.
Posted at 12:18 PM by Howard Bashman


"LAUSD cannot blame 14-year-old for own sexual assault, appellate court rules": The Los Angeles Times has this report.

And The Associated Press has a report headlined "Court: Teen cannot be held responsible for sex with teacher."

You can access yesterday's ruling of the California Court of Appeal for the Second Appellate District, Division Five, at this link.
Posted at 10:28 AM by Howard Bashman



"Jeb Bush Equivocates on Choice of Roberts as Chief Justice": Bloomberg News has this report.

The Hill reports that "Bush questions John Roberts's appointment to Supreme Court."

The Week reports that "Ted Cruz calls Chief Justice John Roberts a 'liberal,' apologizes for backing his nomination."

And at msnbc.com, Steve Benen has an essay titled "When even conservative justices aren't conservative enough."
Posted at 10:24 AM by Howard Bashman



"What Would Scalia Do With 2,447 Bottles of Wine?" Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 10:20 AM by Howard Bashman


"Alabama judge asks not to have to wed same-sex couples, rejects 'license to engage in sodomy'": Kent Faulk of The Birmingham News has this report.
Posted at 10:15 AM by Howard Bashman


"Split en banc Third Circuit struggles through how to review and assess Alleyne error": Douglas A. Berman has this post at his "Sentencing Law and Policy" blog discussing an en banc ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.
Posted at 10:08 AM by Howard Bashman


"Apple will ask Supreme Court to hear its ebooks price-fixing case": Roger Parloff has this report at Fortune.com.
Posted at 09:50 AM by Howard Bashman


"Drawing the Line Between Civil and Religious Rights": Linda Greenhouse has this essay online today at The New York Times.
Posted at 09:48 AM by Howard Bashman


Wednesday, September 16, 2015

"The Dancing Baby Versus the YouTube Algorithms": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 08:46 PM by Howard Bashman


Justice Stephen G. Breyer's media blitz continues: Today, he was a guest on "The Diane Rehm Show." You can access the audio of the interview via this link.

And yesterday evening, Justice Breyer was a guest on "The Charlie Rose Show." You can access the video via this link.
Posted at 08:04 PM by Howard Bashman



Before summer is officially over: You can access online via this link the contents of the Summer 2015 issue of The Green Bag, which has -- I know it's hard to believe -- even more interesting stuff to offer than usual, especially to those interested in intelligent writing about the U.S. Supreme Court.
Posted at 07:42 PM by Howard Bashman


"Watching the En Banc Clock in al Bahlul": Steve Vladeck has this post today at "Just Security."
Posted at 07:38 PM by Howard Bashman


"S.E.C. Judge May Have Weakened Justice Dept. Stance in Insider Trading Case": Today at the "Dealbook" blog of The New York Times, law professor Peter J. Henning has a post that begins, "The appeals court decision in United States v. Newman that reversed the convictions of two hedge fund managers caused the Justice Department to take the rare step of asking the Supreme Court to overturn what it called the 'stark and overt departure from this court's definition of insider trading.'"
Posted at 07:34 PM by Howard Bashman


Access online the 2014-2015 Cato Supreme Court Review: Via this link.
Posted at 10:48 AM by Howard Bashman


"Mohamed Mohamud files formal appeal, sets stage for U.S. surveillance program showdown": The Oregonian has this report today.

According to the article, "Mohamud's defense team originally filed a 256-page opening brief in the case in May, about the length of a standard novel. But the appeals court ordered they resubmit a slimmer version. The court accepted a relatively svelt 202-page filing Monday." As posted online, the brief appears to contain a mere 179 pages of text. No word count certification was provided.
Posted at 10:44 AM by Howard Bashman



"Podcast #33: Stephen Dillard on Judges Using Social Media." Lawyerist has posted this podcast online.
Posted at 09:00 AM by Howard Bashman


"Constitutionally, Slavery Is No National Institution": In today's edition of The New York Times, Sean Wilentz has an op-ed that begins, "The Civil War began over a simple question: Did the Constitution of the United States recognize slavery -- property in humans -- in national law?"
Posted at 08:57 AM by Howard Bashman


"Execution day arrives: Debate continues over death penalty and Richard Glossip's case; Fallin denies inmate's latest request for delay." The Tulsa World has this report.

The Oklahoman reports that "Oklahoma governor says lethal injection will go forward; Richard Glossip is to receive a lethal injection at 3 p.m. Wednesday at the state penitentiary in McAlester for setting up the killing of an Oklahoma City motel owner."

And today's edition of The New York Times contains an editorial titled "Countdown to an Execution in Oklahoma."
Posted at 08:52 AM by Howard Bashman



Tuesday, September 15, 2015

"When the House of Representatives Can Sue the President: A federal judge ruled that Congress has standing to sue Obama for his administration's health care spending; Can the challenge succeed?" Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 10:42 PM by Howard Bashman


"Federal appeals court upholds Eizember death sentence": The Tulsa World has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued today.

Circuit Judge Neil M. Gorsuch wrote the majority opinion, and all three judges on the panel issued an opinion.
Posted at 10:10 PM by Howard Bashman



"4th Circuit judges debate boycott conspiracies in new antitrust decision": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today. Each of the three judges on the panel issued an opinion.
Posted at 10:06 PM by Howard Bashman


"3rd Circ. Upholds Chocolate Giants' Win In Price-Fixing Row": Law360.com has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 10:03 PM by Howard Bashman


"If Kim Davis should enforce law she opposes, what about AGs Brown, Harris and Prop. 8?" Bob Egelko has this blog post online today at The San Francisco Chronicle.
Posted at 09:18 PM by Howard Bashman


"Breyer v. Colbert: A comedian, a U.S. Supreme Court justice, and a missed opportunity." Matt Ford has this essay online today at The Atlantic.
Posted at 09:06 PM by Howard Bashman


"Appeals Court Rules Youtube Video Of Baby Dancing To Prince Was Fair Use": This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 07:36 PM by Howard Bashman


"Appeal by 'Diva of Distressed' spotlights SEC in-house court": Nate Raymond of Reuters has this report.
Posted at 04:32 PM by Howard Bashman


"Constitution Check: Is there, or should there be, a right to be forgotten?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:55 PM by Howard Bashman


"McAuliffe's embattled Supreme Court pick makes debut with tenure in doubt": The Washington Post has this report.
Posted at 01:54 PM by Howard Bashman


"Groundhog Day Nightmare: Oklahoma is about to execute a man who is probably innocent." Robert J. Smith and G. Ben Cohen have this jurisprudence essay online at Slate.
Posted at 01:48 PM by Howard Bashman


"San Jose affordable housing law headed to U.S. Supreme Court": Howard Mintz of The San Jose Mercury News has this report.
Posted at 01:36 PM by Howard Bashman


"Supreme Court must take a world view, Justice Stephen Breyer says": Richard Wolf of USA Today has this report.

And in today's edition of The Wall Street Journal, Justice Stephen G. Breyer has an op-ed titled "The Supreme Court in an Interdependent World: A considerable number of cases require the justices to examine the law and practices of other nations."
Posted at 01:23 PM by Howard Bashman



"The statistics of relists": Michael Kimberly and Kristin Liska have this guest post at "SCOTUSblog."
Posted at 01:08 PM by Howard Bashman


"'Sisters in Law' Looks at Sandra Day O'Connor and Ruth Bader Ginsburg": Linda Greenhouse will have this review of Linda Hirshman book -- "Sisters in Law: How Sandra Day O'Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World" -- in the Sunday Book Review section of this upcoming Sunday's edition of The New York Times.
Posted at 10:04 AM by Howard Bashman


Access online the "Justice Stephen Breyer Interview" from last night's broadcast of "The Late Show with Stephen Colbert": At this link.

And the immediately preceding introductory segment was titled "Better Know A Breyer."
Posted at 07:22 AM by Howard Bashman



Monday, September 14, 2015

"'Let's Go Crazy' suit: Woman whose kitchen video was yanked from YouTube wins court ruling." Maura Dolan of The Los Angeles Times has this news update.

Bob Egelko of The San Francisco Chronicle has a news update headlined "Demand that mother remove home video from YouTube backfires."

Howard Mintz of The San Jose Mercury News reports that "California court bolsters 'fair use' of music, movies in online posts."

And The Associated Press reports that "Appeals court clears way for trial over dancing baby video."

My earlier coverage of today's Ninth Circuit ruling can be accessed here.
Posted at 11:38 PM by Howard Bashman



"SEC not entitled to deference in State Street fraud appeal -- law prof": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 05:46 PM by Howard Bashman


"Who Feeds the Supreme Court? The judges who send law clerks -- the future leaders of the legal profession -- are still white men." Dahlia Lithwick has this jurisprudence essay online today at Slate.

Among other things, Lithwick's essay discusses a paper that Alexandra G. Hess has posted at SSRN titled "The Collapse of the House that Ruth Built: The Impact of the Feeder System on Female Judges and the Federal Judiciary, 1970-2014."
Posted at 03:15 PM by Howard Bashman



"A Shifting Balance at the California Supreme Court? A look at the state Supreme Court's newest justices." Law professor Gerald F. Uelmen and Kyle Graham have this article in the September 2015 issue of California Lawyer magazine.
Posted at 01:56 PM by Howard Bashman


"A Look Back on the Supreme Court's Turbulent 2014 Term: An analysis of the year's biggest Supreme Court decisions." Law professor Douglas W. Kmiec has this article in the September 2015 issue of California Lawyer magazine.
Posted at 01:44 PM by Howard Bashman


"Religious scruples and birth control: Is Obamacare at war with religion?" Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 01:40 PM by Howard Bashman


"Kentucky Clerk Allows Same-Sex Licenses, but Questions Legality": Alan Blinder of The New York Times has this news update.
Posted at 01:37 PM by Howard Bashman


"Anthony Kennedy, Supreme Court justice: History's swing vote." Politico Magazine has this profile.
Posted at 01:34 PM by Howard Bashman


"High standard set in YouTube takedown -- U.S. appeals court; Toddler dancing to Prince's 'Let's Go Crazy' prompts case; Fair use must be assessed before demanding video takedowns": Jonathan Stempel of Reuters has this report.

Joe Mullin of Ars Technica reports that "Appeals court strikes a blow for fair use in long-awaited copyright ruling; Copyright owners must consider fair use, and Universal now faces a trial over it."

And at the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Appeals Court: Copyright Owners Must Consider Fair Use Before Sending Takedowns."

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

And the Electronic Frontier Foundation has this page devoted to the case.
Posted at 01:20 PM by Howard Bashman



In the September 21, 2015 issue of The New Yorker: Patrick Radden Keefe has "A Critic at Large" essay titled "Assets and Liabilities: The mobster Whitey Bulger secretly worked for the F.B.I.; Or was it the other way around?"

And Evan Osnos has an article headlined "The Imam's Curse: A family accused of financing terrorists."
Posted at 10:32 AM by Howard Bashman



"Virginia Has Solitary Confinement Case, if Justices Want It": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:20 AM by Howard Bashman


"Stephen Breyer's 'The Court and the World'": Law professor John Fabian Witt will have this review of Justice Stephen G. Breyer's latest book -- "The Court and the World: American Law and the New Global Realities" -- in the Sunday Book Review section of next Sunday's edition of The New York Times.

Elsewhere, Publishers Weekly offers this short review.

And yesterday at "Jost on Justice," Kenneth Jost had a post titled "Justice Breyer Takes a Wide Worldview."
Posted at 10:15 AM by Howard Bashman



"Law Beyond Our Borders: Justice Breyer Is On A Mission." This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:54 AM by Howard Bashman


"Kentucky clerk won't interfere with gay marriage licenses": The Associated Press has a report that begins, "A defiant Kentucky clerk said Monday she will not interfere with her deputies if they keep issuing marriage licenses to same-sex couples, but she declared they will not be authorized by her and questioned their validity."
Posted at 08:25 AM by Howard Bashman


"Sandra and Ruth: The author of a new book about the first two female justices describes what it took for them to get to the high court." Slate has posted online this new Amicus podcast, in which Dahlia Lithwick speaks with Linda Hirshman about Hirshman's new book, "Sisters in Law: How Sandra Day O'Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World."
Posted at 08:20 AM by Howard Bashman


"Courts, states put death penalty on life support: Despite Supreme Court support, executions on the wane." Richard Wolf and Kevin Johnson of USA Today have this report.
Posted at 08:16 AM by Howard Bashman


Sunday, September 13, 2015

Review and coverage of Wil Haygood's new book, "Showdown: Thurgood Marshall and the Supreme Court Nomination That Changed America." Julia M. Klein has this review of the book online at The Boston Globe.

The September 14, 2015 issue of Publishers Weekly contains an article headlined "Thurgood Marshall, Revealed: Wil Haygood."

And ArtsATL has an interview with the book's author headlined "Wil Haygood's 'Showdown,' a thriller on Thurgood Marshall's Supreme Court confirmation."
Posted at 10:18 PM by Howard Bashman



"Watch for an assault on the Kansas Supreme Court": Columnist Steve Rose has this essay online at The Kansas City Star.
Posted at 10:12 PM by Howard Bashman


"Supreme Court justice targets court language barriers": The Napa Valley Register has an article that begins, "State Supreme Court Justice Mariano-Florentino Cuellar knows about the immigrant experience firsthand."
Posted at 10:09 PM by Howard Bashman


"Penn Law School receives $8.6 million from former Supreme Court Justice's family": The Daily Pennsylvanian has this report.
Posted at 09:24 PM by Howard Bashman


"America's Fragile Constitution: The Founders misread history and established a dysfunctional system of government; A case for a little less reverence." Yoni Appelbaum has this article in the October 2015 issue of The Atlantic.
Posted at 09:20 PM by Howard Bashman


"When Kim Davis returns to work on Monday, what will she do?" CNN.com has this report.
Posted at 09:03 PM by Howard Bashman


"Breyer says understanding foreign law is critical to Supreme Court's work": Robert Barnes has this article in today's edition of The Washington Post.

And Jess Bravin of The Wall Street Journal reports that "Supreme Court Is Fair Game for Political Debate, Breyer Says; In interview, Justice Stephen Breyer says 'nobody's above debate,' including the high court."
Posted at 09:56 AM by Howard Bashman



"Q&A: Justice Stephen Breyer." CBS News correspondent Jan Crawford interviewed Justice Stephen G. Breyer for today's broadcast of "Sunday Morning." You can access the transcript of the segment at this link.
Posted at 09:54 AM by Howard Bashman


Saturday, September 12, 2015

"Latest court ruling allows Portland panhandlers to stay on street medians; The city's attempt to ban people from standing on the medians is again deemed unconstitutional, this time by a federal appeals judge": This front page article appears in today's edition of The Portland (Me.) Press Herald.

You can access yesterday's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 11:30 PM by Howard Bashman



"Justice Breyer Sees Value in a Global View of Law": Adam Liptak will have this article in Sunday's edition of The New York Times.
Posted at 10:08 PM by Howard Bashman


"Appeals Court Hears Arguments Over Corporate Prosecution Deals; Justice Department urges federal appeals court to rein in a judge who rejected an agreement as too lenient": Brent Kendall has this article in today's edition of The Wall Street Journal.
Posted at 01:50 PM by Howard Bashman


"After a contested court order citing gay marriage Supreme Court ruling, a contested divorce is delayed": The Chattanooga Times Free Press has an article that begins, "Divorce lawyers are sorting out how to deal with a local judge who drew national attention when he denied a divorce last month, saying the U.S. Supreme Court ruling on gay marriage took away states' jurisdiction."
Posted at 10:34 AM by Howard Bashman


"Full Court Press: Kagan: Court doesn't 
listen to public opinion." Bob McGovern of The Boston Herald has this report.
Posted at 10:27 AM by Howard Bashman


"Time bar for class action opt-outs continues to divide trial courts": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a report that begins, "It has been just about a year since the U.S. Supreme Court abruptly tossed In re IndyMac, a case in which the justices were poised to resolve a split between the 2nd and 10th U.S. Circuit Courts of Appeal on time limits for securities fraud plaintiffs."
Posted at 10:18 AM by Howard Bashman


"Oklahoma Inmate the Focus of Renewed Attention as Execution Date Nears": In today's edition of The New York Times, Erik Eckholm has an article that begins, "Richard E. Glossip was at the center of a major Supreme Court case this year, arguing along with two other men on Oklahoma's death row that the state's choice of lethal injection drugs could cause unconstitutional suffering."
Posted at 09:34 AM by Howard Bashman


Friday, September 11, 2015

"Kentucky Clerk Asks For Order Allowing All Couples To Marry To Be Put On Hold": Chris Geidner of BuzzFeed News has this report.
Posted at 06:00 PM by Howard Bashman


"State given 30 days to remove Ten Commandments monument from Capitol grounds": Barbara Hoberock of The Tulsa World has this news update.

And Reuters reports that "Judge gives Oklahoma a month to remove Ten Commandments from Capitol."
Posted at 05:48 PM by Howard Bashman



"U.S. appeals court weighs closely watched deferred prosecution deal": Lawrence Hurley of Reuters has this report.

And Bloomberg News reports that "U.S. Pressed to Explain Why Judge Couldn't Reject Fokker Accord."
Posted at 01:30 PM by Howard Bashman



"U.S. Judge Declines to Apply Landmark Insider Ruling to SEC Suit": Bloomberg News has this report.

And Reuters has a report headlined "SEC can pursue insider trading case against brokers: judge."
Posted at 01:27 PM by Howard Bashman



"What 'So Help Me God' Meant to George Washington": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 01:15 PM by Howard Bashman


"Since When Does the GOP Own the Constitution? Sen. Mike Lee fervently defends a conservative approach to the Constitution on the Senate floor and lately in a new book. Why do Democrats let him get away with it?" Law professor David Fontana has this essay online today at The Daily Beast.
Posted at 01:08 PM by Howard Bashman


"What 2016 means for the Supreme Court": Ariane de Vogue of CNN.com has this report today.
Posted at 09:08 AM by Howard Bashman


"The War on Women Is Over -- and Women Lost: While you weren't watching, conservatives fundamentally rewrote abortion laws." Molly Redden has this article in the September/October 2015 issue of Mother Jones.
Posted at 09:06 AM by Howard Bashman


"Ellen Pao drops appeal of Kleiner Perkins verdict": The San Jose Mercury News has this report.

And today's edition of The New York Times contains an article headlined "Ellen Pao Ends Legal Battle, Citing Personal Resources."
Posted at 09:03 AM by Howard Bashman



"Pa. high court hears arguments over death penalty": Joseph A. Slobodzian has this article in today's edition of The Philadelphia Inquirer.
Posted at 08:57 AM by Howard Bashman


"Penn law school gets $8.6 million gift": In today's edition of The Philadelphia Inquirer, Chris Mondics has an article that begins, "The family of the late Owen Roberts, a onetime U.S. Supreme Court justice and University of Pennsylvania law school dean, on Thursday announced an $8.6 million gift to the law school."
Posted at 08:55 AM by Howard Bashman


Thursday, September 10, 2015

"The Kim Davis controversy exists because, as a culture, we have elevated respect for religious sensibilities to an inappropriate level that makes society less free, not more." So writes Lawrence M. Krauss online at The New Yorker in a post titled "All Scientists Should Be Militant Atheists."
Posted at 04:11 PM by Howard Bashman


"U.S. court finds EPA was wrong to approve Dow pesticide harmful to bees": Reuters has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 03:31 PM by Howard Bashman


"Is the Chief Justice a Tax Lawyer?" Law professors Stephanie R. Hoffer and Christopher J. Walker have posted this paper online at SSRN.
Posted at 03:03 PM by Howard Bashman


"Death penalty moratorium goes before state Supreme Court": Karen Langley of The Pittsburgh Post-Gazette has this news update.

And The Associated Press reports that "Pennsylvania death-penalty moratorium sparks lively hearing."
Posted at 02:40 PM by Howard Bashman



"Whistleblower wins U.S. appeals court victory; split created": Jonathan Stempel of Reuters has this report on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.

According to the dissenting opinion, "The majority relies almost wholly on King v. Burwell, 135 S. Ct. 2480 (2015). That case does not do the work the majority needs done."
Posted at 02:00 PM by Howard Bashman



Slow news day -- Is Circuit Judge Alex Kozinski now italicizing the "v." in case names? See his opinion concurring in the judgment that's part of a published per curiam decision that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:50 PM by Howard Bashman


"Why Judicial Supremacy Isn't Compatible with Constitutional Supremacy": Ramesh Ponnuru has this article in the September 21, 2015 issue of National Review magazine.
Posted at 01:30 PM by Howard Bashman


"Ellen Pao won't appeal verdict in gender discrimination trial": Reuters has this report.
Posted at 01:28 PM by Howard Bashman


"U.S. battle over Microsoft e-mails could result in 'global free-for-all'": In today's edition of The Washington Post, Ellen Nakashima has an article that begins, "If the government prevails in its legal battle to compel Microsoft to turn over e-mails held on a server in Ireland, an 'international firestorm' could result, an attorney for the tech giant told a federal court in New York on Wednesday."
Posted at 01:15 PM by Howard Bashman


"Fears of 'Guantanamo north' amid search for prison sites": The Associated Press has this report.
Posted at 01:06 PM by Howard Bashman


"Analysis: House of Representatives v. Burwell." Josh Blackman has this post today at his blog.
Posted at 01:00 PM by Howard Bashman


"Pelosi: Judge's ruling in health care lawsuit 'astounding.'" The Associated Press has this report.

My earlier coverage of yesterday's federal district court ruling can be accessed here.
Posted at 11:49 AM by Howard Bashman



Necessity defense? "Man clocked at 112 mph was headed to court for past speeding," reports The Associated Press.
Posted at 11:46 AM by Howard Bashman


You can follow "How Appealing" on Twitter: Now that summer is functionally over (boo!), I wanted to remind readers who haven't yet done so that they can follow this blog on Twitter (yay!). By doing so, you will be notified automatically (in a manner of speaking) of new posts as they appear here.

In addition, sometimes I retweet the appellate related tweets of others, especially when I am out and about and don't have access to my desktop or laptop computer. Occasionally those retweets might direct you to appellate-related information that, for whatever reason, never makes it into a blog post at "How Appealing."

You can even follow "How Appealing" on Twitter without having a Twitter account just by opening the page for this blog's Twitter feed in your web browser. As new posts appear on "How Appealing," this blog's Twitter page will automatically (without your having to hit refresh) alert you that whatever number of new tweets have appeared. And then, by clicking on the link informing you of new tweets, you can immediately access (without refreshing the web page) the first 100+ characters of new "How Appealing" posts.

"How Appealing" finally arrived on Twitter shortly after this blog's 10th birthday in May 2012, and since then more than 4,600 Twitter accounts have followed its Twitter feed. I am reliably advised that there's still room for more, so feel free to follow this blog on Twitter to be promptly notified of new posts and to access the occasional bonus content that never finds its way onto the blog.
Posted at 11:40 AM by Howard Bashman



"Constitution Check: Did the Kentucky county clerk win her religious exemption, after all?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:38 AM by Howard Bashman


"Hands Off the Raisins: The Supreme Court uproots a preposterous government program." Damon Root has this article in the the October 2015 issue of Reason magazine.
Posted at 10:33 AM by Howard Bashman


"NPR's Totenberg reflects on how Supreme Court has changed with times; The legal affairs correspondent has covered court longer than any justice has served on it": The Gazette of Cedar Rapids, Iowa has this report.
Posted at 09:10 AM by Howard Bashman


"Georgia inmate wants new hearing over juror's racial slur": Mark Sherman of The Associated Press has this report.
Posted at 09:04 AM by Howard Bashman


"U.S. Supreme Court Justice Sonia Sotomayor makes surprise visit to Holyoke following Mayor Alex Morse's invitation": Stephanie Barry of The Republican of Springfield, Massachusetts has this report.
Posted at 08:56 AM by Howard Bashman


Wednesday, September 9, 2015

"Supreme Court Justice Sonia Sotomayor pushes education, affirmative action in Springfield talk": Brian Steele of The Republican of Springfield, Massachusetts has this report.
Posted at 10:33 PM by Howard Bashman


"Oh boy. Here we go again." At "The Incidental Economist," Nicholas Bagley has a post that begins, "A district court in Washington, DC ruled Wednesday that the House of Representatives has standing to bring a lawsuit alleging that the Obama administration is spending federal money to finance the ACA, absent a congressional appropriation."
Posted at 09:50 PM by Howard Bashman


"Why Oregon's Gay-Marriage-Abstaining, Hitler-Photo-Hanging Judge is Right: Progressives have launched a hit job against Judge Vance Day in apparent retaliation for his stance on same-sex marriage; This is bad news." Jay Michaelson has this essay online at The Daily Beast.
Posted at 09:18 PM by Howard Bashman


"Pension, patent rights at stake in SCOTUS Spokeo case: new briefs." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 08:14 PM by Howard Bashman


"Eight Provocative Passages from Judge Richard Posner's New Book": Jacob Gershman has this post today at WSJ.com's "Law Blog."
Posted at 08:10 PM by Howard Bashman


"Judge allows unusual House GOP lawsuit against president to proceed": David G. Savage of The Los Angeles Times has this news update.

Richard Wolf of USA Today reports that "Federal judge lets House Republicans' lawsuit against Obamacare advance."

Brent Kendall of The Wall Street Journal reports that "Federal Judge Allows Part of GOP Health-Care Lawsuit to Proceed; Judge rules House has legal standing to bring some claims against administration over health law." You can freely access the full text of the article via Google.

Michael Doyle and Tony Pugh of McClatchy DC report that "Judge gives green light to House GOP's Obamacare challenge."

Carl Hulse of The New York Times has a news update headlined "Judge Rules House Can Sue Obama Administration on Health Care Spending."

The Washington Post reports that "House GOP can pursue part of health care lawsuit, judge rules."

Jennifer Haberkorn of Politico.com reports that "House Obamacare lawsuit can move ahead in part."

The Hill reports that "GOP scores early win in ObamaCare lawsuit."

Todd Ruger of Roll Call reports that "Boehner Says Obamacare Ruling Shows Administration's Overreach."

Reuters reports that "U.S. judge rules Republican lawsuit over Obamacare can move forward."

The Associated Press reports that "Judge clears way for House lawsuit challenging health law."

Bloomberg News reports that "Obama Administration Fails to End House's Health-Care Suit."

And Cristian Farias of The Huffington Post reports that "John Boehner Scores A Little Win Against Obamacare; A federal judge says a controversial House lawsuit can go forward."

You can access today's ruling of the U.S. District Court for the District of Columbia at this link.
Posted at 07:50 PM by Howard Bashman



"Kentucky clerk jailed over same-sex marriage gets in copyright fracas; Kim Davis played 'Eye of the Tiger' at a rally, but not everyone was thrilled": Joe Mullin of Ars Technica has this report.
Posted at 07:44 PM by Howard Bashman


"The Problem With Religious Exemptions to Gay Rights": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 07:30 PM by Howard Bashman


"Appeals court rules Marion County judicial elections unconstitutional; 7th U.S. Circuit Court of Appeals upholds prior ruling against system of ensuring a seat for judicial candidates slated by their parties": The Indianapolis Star has this news update reporting on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 07:24 PM by Howard Bashman


"Sterling Jewelers must face gender bias claims -- U.S. court": Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 03:21 PM by Howard Bashman


"U.S. court rejects AIG, Bank of NY Mellon tax credit appeals": 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 03:18 PM by Howard Bashman


"Microsoft Argues for Data Security in Landmark Court Appeal": Bob Van Voris of Bloomberg News has this report.

Reuters reports that "Microsoft urges US court to block warrant for emails held abroad."

USA Today reports that "Microsoft argues email stored in Ireland not subject to search warrant."

In earlier coverage, David Kravets of Ars Technica yesterday had an article headlined "US claim on the world's servers at a crossroads; US wants warrant 'to break down the doors of Microsoft's Dublin facility.'"

And Joseph Marks of Politico.com yesterday had an article headlined "Can the US demand emails stored in Ireland? Court arguments in Microsoft case will test government's authority to seize data from servers abroad."
Posted at 03:15 PM by Howard Bashman



"At Amherst College, Supreme Court Justice Sonia Sotomayor encourages students to listen, work hard and be passionate": The Daily Hampshire Gazette has this report.
Posted at 01:03 PM by Howard Bashman


"Hitler picture among new allegations facing judge under fire for gay marriage stance": Emily E. Smith has this front page article in today's edition of The Oregonian.

And Reuters reports that "Oregon judge accused of blocking gay marriage applicants, hanging Hitler picture."
Posted at 11:14 AM by Howard Bashman



"After Aurora and Denver verdicts, Colorado mulls death penalty again; High-profile murder trials jump start death penalty debate in Colorado": Jordan Steffen and Kevin Simpson of The Denver Post have this report.
Posted at 09:04 AM by Howard Bashman


"The insane logic of sexting prosecutions": Ryan Cooper has this essay online at The Week.
Posted at 09:02 AM by Howard Bashman


"N.J. labor unions ask U.S. Supreme Court to hear Christie pension funding case": Salvador Rizzo of The Record of Hackensack, New Jersey has this report.
Posted at 09:00 AM by Howard Bashman


"Pa. Supreme Court will hear Gov. Tom Wolf's appeal to fire open records chief": The Patriot-News of Harrisburg, Pennsylvania has this report.
Posted at 08:57 AM by Howard Bashman


"Strike down the Supreme Court's 'buffer zone'": Columnist Jeff Jacoby has this essay online at The Boston Globe.
Posted at 08:55 AM by Howard Bashman


"N.J. Supreme Court justices have gun control, pensions on docket": Salvador Rizzo of The Record of Hackensack, New Jersey has this report.
Posted at 08:45 AM by Howard Bashman


"BP wins one U.S. court ruling, loses another over 2010 Gulf spill": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 08:37 AM by Howard Bashman


Tuesday, September 8, 2015

"Finding the Appellate Style and Voice That Work Best for You": This month's installment of my "Upon Further Review" column appears in today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

You can freely access the full text of the column via Google.
Posted at 01:54 PM by Howard Bashman



"Historic Kennebec County Courthouse in Augusta to host Maine Supreme Judicial Court again; In addition, a ceremonial opening is set for Sept. 18 in the adjoining Capital Judicial Center": Today's edition of The Kennebec Journal contains a front page article that begins, "When the Maine Supreme Judicial Court sits in session at the Kennebec County Courthouse later this month, it will really be coming home. The state supreme court first started there in 1830 and held regular sessions there until 1970, when it moved permanently to the Cumberland County Courthouse in Portland."
Posted at 01:42 PM by Howard Bashman


"Is Southern California the New Deep South? Los Angeles County has sentenced more people to death than five Southern states combined." Law professor Robert J. Smith has this jurisprudence essay online at Slate.
Posted at 01:22 PM by Howard Bashman


"Kentucky clerk to be released from jail": The Associated Press has this report.

And Reuters reports that "Judge orders Kentucky clerk in gay marriage case released from jail."
Posted at 01:17 PM by Howard Bashman



"Jennifer Jorgensen's appeal of manslaughter conviction goes to New York's highest court": This article appears in today's edition of Newsday. According to the article, "The state Court of Appeals will weigh the penal-law definitions of homicide and 'person' in trying to determine whether Jorgensen could be convicted of manslaughter in the death of a child who was injured in utero."

Additional coverage is available from The Times Union of Albany, New York and The Associated Press.
Posted at 01:14 PM by Howard Bashman



"A Dialogue with Justices: A panel of Supreme Court Justices from the USA, Canada and Israel." Hebrew University of Jerusalem has posted online at YouTube this video featuring a conversation among Justice Rosalie Silberman Abella of the Supreme Court of Canada; Justice Dorit Beinish, former president of the Supreme Court of Israel; and Justice Elena Kagan of Supreme Court of the United States.

The event took place last Wednesday, and the video was posted online on Sunday.
Posted at 11:23 AM by Howard Bashman



"Law school continues fight over minimum bar exam passage rate": This article appears in today's edition of The Los Angeles Times.
Posted at 11:15 AM by Howard Bashman


"NM Supreme Court to review assisted suicide case": Emil J. Kiehne has this post today at his "New Mexico Appellate Law Blog."
Posted at 11:09 AM by Howard Bashman


"Ted Cruz to Star in Government Shutdown, the Sequel; The presidential candidate plots another shutdown fight that could boost his prospects in the Republican primary": Sahil Kapur of Bloomberg News has this report today.
Posted at 11:04 AM by Howard Bashman


"Is It Time to Tax Harvard's Endowment? While state schools suffer and middle-class students drown in loans, elite universities are only getting richer." Jordan Weissmann has this essay online at Slate.
Posted at 11:03 AM by Howard Bashman


"Ontario appeal court refutes judge's hockey insights in assault case": In last Wednesday's edition of The Toronto Globe and Mail, Sean Fine had an article that begins, "It was the most Canadian of legal cases: a recreational hockey player charged with aggravated assault over an alleged bodycheck in a no-contact league. The players on each team giving biased views of what occurred in support of their teammate. And a trial judge who used her knowledge of hockey strategy to determine that what happened was not an accidental collision."

You can access the ruling of the Court of Appeal of Ontario, issued two Mondays ago, at this link.

The ruling concludes:

Measured against the above principles, hockey strategy is not a proper subject for judicial notice. From the sports pages to social media, it is abundantly clear that reasonable Canadians often disagree about what constitutes a rational hockey strategy in a given situation. Nor is there any source of indisputable accuracy by which to settle these disagreements. Neither branch of the test for judicial notice is fulfilled.
To my knowledge, Seventh Circuit Judge Richard A. Posner has yet to offer his views on the ruling.
Posted at 10:40 AM by Howard Bashman


"Huckabee, Cruz plan to meet with jailed Kentucky clerk": The Associated Press has a report that begins, "Two Republican presidential candidates planned jailhouse meetings Tuesday with Kentucky clerk Kim Davis, raising her conservative-hero status as she remains behind bars over her refusal to give marriage licenses to gay couples."
Posted at 10:17 AM by Howard Bashman


"Unions banking hopes on races for high court": This front page article appears in today's edition of The Philadelphia Inquirer.
Posted at 08:32 AM by Howard Bashman


"And The Winner Is . . . Screwed": Scott H. Greenfield had this post Friday at "Simple Justice."
Posted at 08:29 AM by Howard Bashman


"Constitution Check: Did the Supreme Court take away states' power over marriage?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:26 AM by Howard Bashman


"First Amendment Law Takes a Hit": Kenneth Jost had this post yesterday at his blog, "Jost on Justice."
Posted at 08:21 AM by Howard Bashman


"U.S., tech industry fight over email privacy heads to appeals court": Reuters has this report.
Posted at 08:20 AM by Howard Bashman


"Citizens United struggle is deeply personal for Clinton": The Associated Press has this report.
Posted at 08:16 AM by Howard Bashman


"The Execution of Shannon Johnson: A Subversion of Due Process and the Adversarial System?" U.S. District Judge Gregory M. Sleet (D. Del.) had this article in the Summer 2015 issue of Criminal Justice magazine, a publication of the American Bar Association's Criminal Justice section.

The News Journal of Wilmington, Delaware recently reported on the matter in an article headlined "Judge Sleet blasts Delaware death penalty case."
Posted at 08:09 AM by Howard Bashman



Monday, September 7, 2015

"Italy's Highest Court Explains Decision to Clear Amanda Knox": The New York Times has this report.

And The Associated Press has an article headlined "Italy top court: Amanda Knox conviction based on poor case."
Posted at 11:02 PM by Howard Bashman



"Apple and Other Tech Companies Tangle With U.S. Over Data Access": Matt Apuzzo, David E. Sanger, and Michael S. Schmidt will have this front page article in Tuesday's edition of The New York Times.
Posted at 11:00 PM by Howard Bashman


"Accused 9/11 plotter seeks judge's help sending letter to Obama from Guantanamo; Khalid Sheik Mohammed's lawyers attached a letter to a case filing; His death-penalty defenders have been trying to send Obama a letter for a year; The case's Army judge sealed it, after emergency request by the Pentagon prosecutor": Carol Rosenberg of The Miami Herald has this report.
Posted at 10:54 PM by Howard Bashman


"Kentucky clerk Kim Davis seeks exemption on gay marriage licenses": Carolyn Johnson of The Washington Post has this news update.

And Chris Geidner of BuzzFeed News reports that "Kentucky Clerk Asks Appeals Court To Halt Governor's Marriage Equality 'Mandate'; After being jailed for violating a federal court order that she stop her 'no marriage licenses' policy, Kim Davis presses forward in her own case against Gov. Steve Beshear."
Posted at 08:30 PM by Howard Bashman



"Patent Law Shouldn't Block the Sale of Used Tech Products": Today's edition of The New York Times contains an editorial that begins, "American patent law should not be used to prevent consumers from reselling, altering or fixing technology products. A federal appeals court will soon hear a case that could clearly establish this principle."
Posted at 07:56 PM by Howard Bashman


"Supreme Court case based in Md. could have wide impact; Bethesda man's fight against redistricting winds up at the Supreme Court": John Fritze has this front page article in today's edition of The Baltimore Sun.
Posted at 05:22 PM by Howard Bashman


"Supreme Court races only the start of turnover on the bench": From Pennsylvania, The Associated Press has a report that begins, "The looming general-election campaign for three open seats on the Pennsylvania Supreme Court could flip the partisan scales, but whatever happens will be only the prelude to a sea change on the state's top bench."
Posted at 05:20 PM by Howard Bashman


"Florida Supreme Court chief justice to undergo cancer surgery": The News Service of Florida has this report.

You can access at this link the news release that the Supreme Court of Florida issued last Friday.
Posted at 05:17 PM by Howard Bashman



"Armstrong County getting look at Superior Court judges in action": Today's edition of The Pittsburgh Tribune-Review contains this article.
Posted at 05:14 PM by Howard Bashman


"Jailed Kentucky Clerk Starts Federal Appeal": This article appears in today's edition of The New York Times.

Also in today's edition of that newspaper, Ryan T. Anderson has an op-ed titled "We Don't Need Kim Davis to Be in Jail."

In other coverage, USA Today reports that "Ky. clerk remains behind bars after 5 days, appeals judge's order."

And Reuters reports that "Jailed Kentucky clerk seeks emergency injunction in gay marriage case."
Posted at 04:28 PM by Howard Bashman



"Life sentence for then-14-year-old murderer upheld": Saturday's edition of The Easton (Pa.) Express-Times contained an article that begins, "A panel of Pennsylvania appellate court judges ruled a life sentence without the possibility of parole will remain in place for a Phillipsburg man who committed murder when he was 14."

And Saturday's edition of The Allentown Morning Call contained an article headlined "Court upholds life sentence for 14-year-old killer."

Friday's ruling of a partially divided three-judge panel of the Superior Court of Pennsylvania consisted of a majority opinion and an opinion concurring in part and dissenting in part.
Posted at 01:33 PM by Howard Bashman



"Chief justice: No need for Supreme Court recusals from court funding case." Bryan Lowry of The Wichita Eagle has this report.

And The Associated Press reports that "Kansas Supreme Court may review case dealing with its power; Shawnee County District Court Judge Larry Hendricks struck down the 2014 law Wednesday."
Posted at 01:16 PM by Howard Bashman



"Ecuadoreans can sue Chevron in Canada, Supreme Court rules": Sean Fine had this article in Saturday's edition of The Toronto Globe and Mail.

Reuters reports that "Canada's top court says Ecuadoreans can sue Chevron in Ontario."

And The Associated Press reports that "Canada dismisses Chevron appeal in Ecuador rainforest case."

You can access last Friday's unanimous ruling of the Supreme Court of Canada at this link.
Posted at 01:12 PM by Howard Bashman



"Ohio death row quandary: 2 dozen executions, no lethal drugs." The Associated Press has this report.
Posted at 01:06 PM by Howard Bashman


"Groundbreaking female justices on the Supreme Court": Recently in The Washington Post, law professor Cary Franklin had this review of Linda Hirshman's new book, "Sisters in Law: How Sandra Day O'Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World."
Posted at 01:03 PM by Howard Bashman


"It's Time for Conservatives to Reject Judicial Restraint": Evan Bernick had this blog entry Friday at The Huffington Post.
Posted at 12:50 PM by Howard Bashman


"The Worst of the Worst: Judy Clarke excelled at saving the lives of notorious killers; Then she took the case of Dzhokhar Tsarnaev." Patrick Radden Keefe has this article in the September 14, 2015 issue of The New Yorker.
Posted at 08:54 AM by Howard Bashman


Sunday, September 6, 2015

"Kentucky clerk appeals order putting her in jail": The Associated Press has this report.
Posted at 09:32 PM by Howard Bashman


Law professor Noah Feldman's recent commentary online at Bloomberg View: Last week, he had essays titled "What the Oath of Office Means to a Kentucky Clerk" and "Supreme Court Gets a First-Amendment-Free Zone."
Posted at 08:07 PM by Howard Bashman


"Uneasy Truce on Gay Marriage Is Shaken by Kentucky Clerk's Defiance": Sheryl Gay Stolberg has this article in today's edition of The New York Times.
Posted at 10:24 AM by Howard Bashman


Saturday, September 5, 2015

"Alabama Supreme Court shoots down law banning open carry of pistol 'on premises not one's own'": Kent Faulk of The Birmingham News has an article that begins, "The Alabama Supreme Court on Friday ruled a state law that banned the open carry of a gun on someone else's property is unconstitutional."

You can access Friday's ruling of the Supreme Court of Alabama at this link.
Posted at 11:18 PM by Howard Bashman



"Doubts Over Confederate Symbols Put a Chief Justice's Statue in Jeopardy; Officials in Frederick, Md., favor removing a bust of Roger Brooke Taney, author of the 1857 Dred Scott decision": Jess Bravin had this article in yesterday's edition of The Wall Street Journal.
Posted at 10:06 PM by Howard Bashman


"Affirmative Action, Class Actions And Conspiracy On Supreme Court's Fall Docket": Daniel Fisher has this post at Forbes.com.
Posted at 10:04 PM by Howard Bashman


"Prosecutors Seek to Reargue Supreme Court Death Penalty Case": The Hartford Courant has an article that begins, "State prosecutors are asking for another chance to persuade a fractured state Supreme Court to retain Connecticut's death penalty."
Posted at 09:42 PM by Howard Bashman


"State Supreme Court: Charter schools are unconstitutional." This front page article appears in today's edition of The Seattle Times.

SeattlePI.com has an article headlined "Late Friday surprise: Supreme Court says charter schools initiative is unconstitutional."

You can access yesterday's ruling of the Supreme Court of Washington State at this link.
Posted at 01:46 PM by Howard Bashman



"Legally, 'God's authority' is a tough issue": Robert Barnes and Katie Zezima have this front page article in today's edition of The Washington Post.
Posted at 11:50 AM by Howard Bashman


"Sonia Sotomayor, Outsider: In a remarkable conversation, the justice talks about why she doesn't feel like she belongs on the Supreme Court." Dahlia Lithwick has this jurisprudence essay online at Slate.

You can view video from Justice Sotomayor's recent speaking appearance at the University of Notre Dame via this link.
Posted at 10:35 AM by Howard Bashman



"Can an Oregon judge decline to perform gay weddings? Answer unclear." This front page article appears in today's edition of The Oregonian.

And yesterday, that newspaper posted online an article headlined "Oregon judge who won't perform same-sex weddings subject of investigation."
Posted at 10:25 AM by Howard Bashman



Friday, September 4, 2015

"Former Bucks teacher fired after blog posts can't sue": Chris Palmer of The Philadelphia Inquirer has a news update that begins, "A former Bucks County high school teacher who was fired after profanely blogging about her 'utterly loathsome' and 'frightfully dim' students cannot sue the Central Bucks School District for violating her right to free speech, a federal appeals court ruled Friday."

And Jonathan Stempel of Reuters has an article headlined "Pennsylvania teacher fired after blog posts cannot sue: U.S. court."

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

This case may have a better than usual chance at en banc review as the two-judge majority consisted of a Senior Third Circuit judge and a visiting judge from the U.S. Court of International Trade. Thus, neither judge in the panel majority is entitled to vote on whether rehearing en banc should be granted.
Posted at 03:10 PM by Howard Bashman



Majority on three-judge Seventh Circuit panel rejects another contraceptive mandate accommodation challenge, over the lengthy dissent of the third judge: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 01:32 PM by Howard Bashman


Get Shorty but don't lock him up for 216 years: The Altoona (Pa.) Mirror, whose articles are essentially inaccessible online to non-subscribers, today contains a front page article (access in PDF format today only via the Newseum) headlined "Court Vacates Lengthy Sentence; Appellate panel says mandatory prison terms can't be used for dealer."

You can access Tuesday's published opinion of a unanimous three-judge panel of the Superior Court of Pennsylvania in Commonwealth v. Carter at this link.
Posted at 10:44 AM by Howard Bashman



NextGen CM/ECF doesn't require Java for federal appellate electronic filing: That's the good news, but that system of federal appellate e-filing has yet to be implemented across much of the nation. Thus far, only the Second and Ninth Circuits have implemented it.

My related post from last night -- titled "Is the current method of federal appellate electronic filing becoming technologically obsolete?" -- can be accessed here.
Posted at 07:44 AM by Howard Bashman



"The Next Justices: A guide for GOP candidates on how to fill Court vacancies." Law professors Josh Blackman and Randy E. Barnett have this cover story in the September 14, 2015 issue of The Weekly Standard.
Posted at 07:38 AM by Howard Bashman


Thursday, September 3, 2015

"Contentious Case Over Gay Rights Nothing New to a Kentucky Judge": Richard Perez-Pena will have this article in Friday's edition of The New York Times.
Posted at 11:32 PM by Howard Bashman


My client prevailed today on the most important issue presented in the Pa. Supreme Court oral argument I delivered back on March 10th: You can access today's unanimous ruling of the Supreme Court of Pennsylvania at this link in a case in which I represented the plaintiff on appeal. A couple of earlier posts noting the oral argument can be accessed here and here.
Posted at 11:20 PM by Howard Bashman


"Civil rights lawsuit revived against Nevada agency": The Las Vegas Review Journal has this news update reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:08 PM by Howard Bashman


Is the current method of federal appellate electronic filing becoming technologically obsolete? Whenever I try to discuss technology at the level required by this post, I quickly reveal my own ignorance. With that disclosure out of the way, let me sound a warning for those who may someday soon attempt their first federal appellate electronic filing after having upgraded to Windows 10.

The federal appellate CM/ECF electronic filing system requires a web browser with Java installed to operate. Microsoft's new Windows 10 browser, known as Edge, does not support Java. And Google Chrome also recently stopped supporting Java. That does still leave the option of using the Firefox browser, which is what I used to e-file the Reply Brief that I filed today in the U.S. Court of Appeals for the Third Circuit. But that was after more than a few anxious moments wondering why none of the previous ways that I had accomplished federal appellate e-filings in the past was working.

Before the Windows 10 upgrade, I had used Internet Explorer to accomplish my CM/ECF federal appellate filings, which was one of the rare times that I would use that web browser. Microsoft Edge purports to allow the user to open a web page in Internet Explorer, but that option did not allow me to launch the CM/ECF application earlier today on my desktop computer running Windows 10.

If readers have encountered these or other recent difficulties with federal appellate e-filing, or have discovered solutions that haven't yet occurred to me, please feel free to send along your experiences via email and I will gladly share points of general interest with this blog's readers.
Posted at 11:00 PM by Howard Bashman



"The Next Justices. Filling Supreme Court vacancies: a guide for GOP candidate." Law professors Randy E. Barnett and Josh Blackman will have a cover story article bearing that headline in the September 14, 2015 issue of The Weekly Standard.

Although the text of the article is not yet online, Blackman has posted at his blog a photograph of the magazine's cover image created for the article.
Posted at 10:35 PM by Howard Bashman



"Judges predict foes will win on birth control mandate": Lyle Denniston has this post at "SCOTUSblog" about a dissent from the denial of a sua sponte call for rehearing en banc in which five judges serving on the U.S. Court of Appeals for the Tenth Circuit joined today. Today's order specifies that rehearing en banc was denied by a vote of 7-to-5.

And in other coverage, The Associated Press reports that "Federal Judges Object To Birth Control Ruling."
Posted at 10:22 PM by Howard Bashman



So much for that U.S. Supreme Court victory: This past April, in a case captioned Rodriguez v. United States, the U.S. Supreme Court ruled in favor of the convicted defendant who was challenging his extended traffic stop detention for purposes of a drug dog sniff. You can access the ruling at this link. My earlier coverage of that ruling appears here and here.

Today, on remand from the Supreme Court, the U.S. Court of Appeals for the Eighth Circuit ruled that the defendant's conviction must stand given the state of Eighth Circuit law before the Supreme Court's reversal in this very case. You can access today's ruling at this link.
Posted at 01:38 PM by Howard Bashman



"Kim Davis found in contempt; taken into custody": The Louisville Courier-Journal has this news update.

And The Associated Press reports that "Judge jails Kentucky clerk for refusing marriage licenses."
Posted at 01:27 PM by Howard Bashman



"Washington Supreme Court rules against Backpage.com": The Associated Press has a report that begins, "The Washington Supreme Court has ruled in favor of three young girls who sued Backpage.com after they were sold as prostitutes on the site."

You can access today's 6-to-3 ruling of the Supreme Court of Washington State at this link.
Posted at 01:25 PM by Howard Bashman



"Judge sides with Brady, NFL promises 'Deflategate' appeal": The Associated Press has this report.
Posted at 01:22 PM by Howard Bashman


"Sotomayor shares Supreme Court insight, advice": The Observer, the student newspaper of Notre Dame, has this report, along with an article headlined "Students react to conversation with Justice Sotomayor."
Posted at 01:16 PM by Howard Bashman


"Little Sisters: Cato Institute Targets the Affordable Care Act -- Yet Again." Gregory M. Lipper has this post today at the "Bill of Health" blog.
Posted at 01:12 PM by Howard Bashman


"The Supreme Court's 2014-2015 Term: The Year the Administrative State Trembled." Joel Alicea has this article online today at Public Discourse.
Posted at 08:02 AM by Howard Bashman


"Conservative legal group defends clerk's stand against gay marriage": Lawrence Hurley of Reuters has this report.
Posted at 07:58 AM by Howard Bashman


"Sotomayor opens up during appearance at Notre Dame; Justice talks about workings of court and overcoming biases": This front page article appears in today's edition of The South Bend Tribune.
Posted at 07:55 AM by Howard Bashman


"Judges Standing Upside-Down": Linda Greenhouse has this essay online today at The New York Times.
Posted at 07:52 AM by Howard Bashman


Wednesday, September 2, 2015

"Court: Investigators can examine Fattah emails." Jeremy Roebuck of The Philadelphia Inquirer has this report.

And Jonathan Stempel of Reuters reports that "Indicted Philadelphia congressman cannot suppress warrant for emails."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 10:56 PM by Howard Bashman



"Ky clerk Kim Davis stands firm amid ridicule": The Louisville Courier-Journal has this news update.

In Thursday's edition of The New York Times, Alan Blinder and Richard Fausset will have an article headlined "Kentucky Clerk Who Said 'No' to Gay Couples Won't Be Alone in Court."

And The Associated Press has a report headlined "Lesbian couple, like Kentucky clerk, standing up for beliefs."
Posted at 10:40 PM by Howard Bashman



"Texas clinics file Supreme Court appeal of abortion law": Mark Sherman of The Associated Press has this report.
Posted at 10:36 PM by Howard Bashman


"Large Number of Inmates in Solitary Poses Problem for Justice System, Study Says; Supreme Court justices, lawmakers and corrections officials have criticized the practice": Jess Bravin of The Wall Street Journal has this report.
Posted at 08:57 PM by Howard Bashman


"Possible 'Coming Liberal Disaster' on Class Actions, Too": Patricia W. Moore has this post today at the "Civil Procedure & Federal Courts Blog."
Posted at 03:24 PM by Howard Bashman


"Judge eager to re-enter NSA surveillance fight": Josh Gerstein has this blog post online today at Politico.com.
Posted at 03:21 PM by Howard Bashman


"Texas Two-Steps All Over Voting Rights: It says it can make voting as difficult as it wants to, and any law that says otherwise is unconstitutional." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this jurisprudence essay online today at Slate.
Posted at 01:32 PM by Howard Bashman


"FAN 75 (First Amendment News) Justice Kagan & the future of Abood, the strength of stare decisis, & the relevance of Garcetti": Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 10:15 AM by Howard Bashman


"The Coming Liberal Disaster at the Supreme Court": Jeffrey Toobin has this post online today at The New Yorker.
Posted at 08:37 AM by Howard Bashman


"A Supreme Court Justice Will Appear as Guest on Stephen Colbert's Late Show": Mediaite has this report.
Posted at 08:35 AM by Howard Bashman


"Clerk in gay marriage fight once unlikely to wage moral war": The Associated Press has this report.

The Lexington Herald-Leader has a front page article headlined "Judge orders Rowan clerk to appear in court Thursday after she again denies marriage licenses."

And The Louisville Courier-Journal has a front page article headlined "Kim Davis gets Matt Bevin's 'absolute' backing."
Posted at 08:21 AM by Howard Bashman



"Sands China recruits Alan Dershowitz for lawsuit appeal": The Associated Press has this report.
Posted at 08:07 AM by Howard Bashman


"Alabama's gay marriage loss could cost taxpayers $200,000": Casey Toner of The Mobile Press-Register has this report.
Posted at 08:00 AM by Howard Bashman


"Court says Shelby County can't collect $2 million in legal fees for voting rights lawsuit": Kent Faulk of The Birmingham News has this report.

Lawrence Hurley of Reuters reports that "U.S. court denies $2 million legal fees to conservatives in voting rights case."

And at "SCOTUSblog," Lyle Denniston has a post titled "When is a Supreme Court victory not a win?"

You can access yesterday's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 07:56 AM by Howard Bashman



Tuesday, September 1, 2015

"Plaintiffs/Appellants Granted Panel Rehearing in 2257 Case": Mark Kernes of AVN News has this report.

And Rhett Pardon of XBIZ.com reports that "FSC Wins Rehearing in 2257 Case."

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

You can also access online the Free Speech Coalition's petition for rehearing, the federal government's response in opposition, and the reply in support of rehearing.
Posted at 10:42 PM by Howard Bashman



"Kim Davis cites God, crowd jeers gay couple": The Louisville Courier-Journal has a news update that begins, "Defying the Supreme Court, Rowan County Clerk Kim Davis said she was acting 'under God's authority' as she continued to deny marriage licenses Tuesday to gay couples, whose lawyers filed a motion to find her in contempt of court."

Alan Blinder and Richard Perez-Pena of The New York Times report that "Kentucky Clerk Denies Same-Sex Marriage Licenses, Defying Court."

The Associated Press reports that "Kentucky clerk, citing God, defies courts on gay marriage."

And Cristian Farias of The Huffington Post reports that "Kentucky Can't Just Fire The Clerk Who Won't Give Marriage Licenses To Gay Couples: The benefits of being an elected official."
Posted at 08:33 PM by Howard Bashman



"Class actions and the separation of powers: a Spokeo debate." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 08:32 PM by Howard Bashman


"NY court refuses to hear appeals in chimp personhood case": The Associated Press has this report.
Posted at 01:33 PM by Howard Bashman


"California agrees to move thousands of inmates out of solitary confinement": The Los Angeles Times has this news update.

And Reuters reports that "California prisons to vastly reduce solitary confinement."
Posted at 01:32 PM by Howard Bashman



"Legal battle over First Amendment plays out at Denver courthouse; Dispute between police, protesters at Denver courthouse started with jury nullification pamphlet": Noelle Phillips has this front page article in today's edition of The Denver Post.
Posted at 10:58 AM by Howard Bashman


In the September 2015 issue of ABA Journal magazine: Kevin Davis has an article headlined "Those convicted as juveniles who are serving life without parole hope the court will go back in time."

Stephanie Francis Ward has an article headlined "States deal with religious and gay rights in the wake of same-sex marriage ruling."

Lorelei Laird has an article headlined "'Raging Bull' decision could rouse patent holders to sue decades after alleged infringement."

And the new installment of Bryan A. Garner's "On Words" column is titled "Good headings show you've thought out your arguments well in advance."
Posted at 08:25 AM by Howard Bashman



"The Latest: No marriage licenses at Kentucky clerk's office." The Associated Press has this report.
Posted at 08:22 AM by Howard Bashman


"Appeals court upholds Jesus statue on Montana mountain": The Associated Press has this report.

My earlier coverage of yesterday's unpublished Ninth Circuit ruling can be accessed here.
Posted at 07:26 AM by Howard Bashman







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