How Appealing

Saturday, October 31, 2015

"Dems have the money in high-stakes race for Pa. high court, but winning all 3 seats a tall order": Peter Jackson of The Associated Press has a report that begins, "For the Republicans running for three open seats on the Pennsylvania Supreme Court, Tuesday's election has to be daunting."
Posted at 01:18 PM by Howard Bashman


"Arbitration Everywhere, Stacking the Deck of Justice": This lengthy front page article will appear in Sunday's edition of The New York Times, the first part in a series titled "Beware the Fine Print."

According to the article, "One of the players behind the scenes, The Times found, was John G. Roberts Jr., who as a private lawyer representing Discover Bank unsuccessfully petitioned the Supreme Court to hear a case involving class-action bans. By the time the Supreme Court handed down its favorable decisions, he was the chief justice."
Posted at 12:26 PM by Howard Bashman



"High Court Denies Another Effort To Restore Death Penalty": Edmund H. Mahony of The Hartford Courant has an article that begins, "The state Supreme Court on Friday rejected another effort by prosecutors to overturn the legislature's abolition three years ago of capital punishment in Connecticut."
Posted at 10:18 AM by Howard Bashman


"2 judges in heated fight for Kentucky Supreme Court seat": The Associated Press has this report.
Posted at 10:15 AM by Howard Bashman


"Who's behind that false face? Voters facing challenges in appellate court races." This editorial appears in today's edition of The Times-Tribune of Scranton, Pennsylvania.
Posted at 10:14 AM by Howard Bashman


"DePauw alumni Hallward-Driemeier's sixteenth Supreme Court ruling proves to be more than sweet": Maria Mendez and Maria Rummel of The DePauw have an article that begins, "Douglas Hallward-Driemeier always knew he wanted to be a lawyer, but the journey from the classroom to the Supreme Court was not an easy one."
Posted at 10:12 AM by Howard Bashman


"Strike Zone: When black jurors are removed from the pool, how do we know that it's not because of their race?" Slate has posted online today this Amicus podcast featuring Dahlia Lithwick.
Posted at 10:08 AM by Howard Bashman


"Death of an Eagle Hatches Supreme Court Firearms Case; Justices to consider which domestic-violence convictions trigger a federal ban on gun possession": Jess Bravin of The Wall Street Journal has this report.

You can freely access the full text of the article via Google.
Posted at 10:02 AM by Howard Bashman



"Justices review DA's choice of all-white murder trial jury": Mark Sherman and Kate Brumback of The Associated Press have this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument preview: Race and the make-up of juries."
Posted at 10:00 AM by Howard Bashman



"Supreme Court Justice Stephen Breyer On His New Book, The Death Penalty & Courtroom Cameras": WGBH News of Boston recently posted on YouTube the video of this interview.
Posted at 09:52 AM by Howard Bashman


Friday, October 30, 2015

"How America Tolerates Racism in Jury Selection": Online at The New York Times, Larry D. Thompson has an op-ed that begins, "On Monday, the Supreme Court will hear oral arguments in Foster v. Chatman, a case that challenges the all-too-common practice by which prosecutors deliberately exclude African-Americans from criminal juries."
Posted at 11:11 PM by Howard Bashman


"Get to know the candidates for state Supreme Court": LancasterOnline, the web site of the newspaper LNP, has posted these video interviews with the seven candidates for Pennsylvania's highest court.

Also today, LNP's editorial board endorsed Christine Donohue, Judith Olson, and David Wecht in an editorial titled "Our choices for state Supreme Court in Tuesday's election."
Posted at 10:22 PM by Howard Bashman



"Producer of parody 'Point Break Live!' wins $250K in damages: court." The New York Daily News has this report.

The Associated Press reports that "Appeals court rules in favor of 'Point Break' parody creator."

Courthouse News Service has a report headlined "Copyright Victory for 'Point Break' Stage Spoof."

And at the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Appeals Court Rules 'Point Break' Parody Is Entitled to Copyright Protection."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 08:23 PM by Howard Bashman



"The power of a Supreme Court dissent": Law professor David Cole has this review of Melvin I. Urofsky's new book, "Dissent and the Supreme Court: Its Role in the Court's History and the Nation's Constitutional Dialogue," online at The Washington Post.
Posted at 04:33 PM by Howard Bashman


"6 Reasons Why Tuesday's Pennsylvania Supreme Court Election Is Absolutely Crucial: The stakes? School funding; Gun control; Redistricting; And so much more." Patrick Kerkstra has this post today at the "Citified" blog of Philadelphia Magazine.
Posted at 04:28 PM by Howard Bashman


"The Supreme Court Takes On the All-White Jury; The high court on Monday will confront a sordid history of juror suppression": Spencer Amdur has this essay online today at The New Republic.
Posted at 04:25 PM by Howard Bashman


"Stalled Legal Process Threatens Obama's Executive Actions On Immigration": Richard Gonzales had this audio segment on Wednesday's broadcast of NPR's "All Things Considered."
Posted at 03:07 PM by Howard Bashman


"Wetland case seen as 'no-brainer' for Supreme Court review": Robin Bravender of Greenwire has this report today.
Posted at 03:05 PM by Howard Bashman


"Argument preview: 'Series qualifier' and 'last antecedent' canons battle over statutory interpretation." Evan Lee has this post today at "SCOTUSblog."
Posted at 02:05 PM by Howard Bashman


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

In early news coverage, The Associated Press reports that "Justices to review reach of US gun ban for domestic violence."
Posted at 01:55 PM by Howard Bashman



"Conforming the immigration laws Congress enacted with the Constitution's guarantee of equal protection, we conclude that Moralesā€Santana is a citizen as of his birth." A unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit today issued this important derivative citizenship ruling that extends to unwed fathers the same benefits that unwed mothers receive under federal law.
Posted at 01:52 PM by Howard Bashman


"2 Congressmen Propose Barring U.S. Prosecutors From Reading Inmates' Emails to Lawyers": Stephanie Clifford has this article in today's edition of The New York Times.
Posted at 01:48 PM by Howard Bashman


"Scalia's favorite opinion? You might be surprised." Bob Egelko of The San Francisco Chronicle has this blog post today.
Posted at 01:47 PM by Howard Bashman


"As described in the User's Guide, only the appearance of the Notice of Electronic Filing screen would have confirmed that the notice of appeal was actually filed and docketed." Another CM/ECF notice of appeal non-filing horror story, courtesy today of the U.S. Court of Appeals for the Second Circuit.
Posted at 01:44 PM by Howard Bashman


"Little Sisters of the Poor wait for Supreme Court on Obamacare": Ariane de Vogue of CNN.com has this report.
Posted at 01:36 PM by Howard Bashman


"How Prejudiced Prosecutors Create All-White Juries: Finally, one got caught using blatant racism." Mark Joseph Stern has this jurisprudence essay online today at Slate.
Posted at 01:28 PM by Howard Bashman


"Panhandling laws face challenge after church signs ruling": The Associated Press has this report.
Posted at 10:44 AM by Howard Bashman


"There's No Evidence In Clinton White House Documents For Clintons' Story On Anti-Gay Law; Talking to people about the Defense of Marriage Act today -- in a political climate that is much more supportive of LGBT rights -- is very different than examining what those people actually wrote and discussed in 1996": Chris Geidner of BuzzFeed News has this report.
Posted at 10:22 AM by Howard Bashman


"Judge: Obama appointees bring no big shift to D.C. Circuit." Josh Gerstein of Politico.com today has a blog post that begins, "President Barack Obama's installation of four new judges on the powerful D.C. Circuit Court of Appeals over a period of less than a year hasn't resulted in a dramatic shift in the outcome of cases, one of the new judges said Thursday night."
Posted at 10:18 AM by Howard Bashman


Attention Tenth Circuit -- In a ruling issued yesterday, the Fifth Circuit noted the superiority of Texas over Oklahoma in college football: Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued a published opinion written by Circuit Judge Gregg Costa that begins, "In addition to their well-known disagreements over boundaries and football, Texas and Oklahoma do not see eye to eye on a less prominent issue: covenants not to compete."

A footnote to the opening sentence's mention of football reads, "The authoring judge cannot help but note that the University of Texas leads the University of Oklahoma 61-44-5 in the Red River Rivalry. See Red River Showdown, WIKIPEDIA, https://en.wikipedia.org/wiki/Red_River_Showdown (last modified Oct. 12, 2015, at 3:24 PM)." Finally a cite to Wikipedia in a judicial opinion as to which all of Texas can be proud.

And speaking of Wikipedia, although Judge Costa was born in Baltimore, he grew up in Texas and received his J.D. in 1999(!) from the University of Texas School of Law.

Now the proverbial football is squarely back in the court of the U.S. Court of Appeals for the Tenth Circuit to assert Oklahoma's superiority over Texas in something. The internet, not surprisingly, offers some ideas (see here and here).
Posted at 10:09 AM by Howard Bashman



"No Right to Complain": Today at Inside Higher Ed, Scott Jaschik has a post that begins, "A federal appeals court on Thursday ruled, 2 to 1, that five psychologists who wrote a memo criticizing the management of the counseling center at Georgia State University lacked First Amendment protections in their grievance."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 09:52 AM by Howard Bashman



"Allen Stanford loses appeal of Ponzi scheme conviction": 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 09:45 AM by Howard Bashman


Thursday, October 29, 2015

"Will Pennsylvania Do Away With Elections for Supreme Court? An expensive, tough-on-crime race tests the current system." Christie Thompson has this report online today at The Marshall Project.
Posted at 04:10 PM by Howard Bashman


"Rising tide of interstate battles could swamp Supreme Court": Jeremy P. Jacobs of Greenwire has this report today.
Posted at 03:55 PM by Howard Bashman


"Fourth Circuit grants rehearing, eliminates split, on cell-site surveillance": Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 03:14 PM by Howard Bashman


"Apple asks U.S. Supreme Court to toss e-books antitrust decision": Nate Raymond of Reuters has this report.
Posted at 02:50 PM by Howard Bashman


"U.S. court will not halt NSA phone spy program before ban": Jonathan Stempel of Reuters has this report.

The Associated Press reports that "Court rejects ACLU's request to stop phone record collection."

Josh Gerstein of Politico.com has a blog post titled "Appeals court won't block last month of NSA phone surveillance program."

And David Kravets of Ars Technica reports that "Court says it's legal for NSA to spy on you because Congress says it's OK."

And at the "Just Security" blog, Steve Vladeck has a post titled "Section 215 and 'Fruitless' (?!?) Constitutional Adjudication."

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

Update: In other coverage, Charlie Savage of The New York Times reports that "N.S.A. Won't Be Ordered to Stop Bulk Collection Early."
Posted at 01:40 PM by Howard Bashman



"A 'Harry Potter' Defense of Affirmative Action": Law professor Noah Feldman has this essay online today at Bloomberg View.

You can access at this link the merits Brief for Respondents that the University of Texas at Austin filed on Monday in the U.S. Supreme Court in the Fisher case.
Posted at 01:11 PM by Howard Bashman



"Supreme Court faces new challenges to Obamacare's 'contraceptive mandate'": Richard Wolf of USA Today has this report.
Posted at 01:08 PM by Howard Bashman


"Harvard Law Library Readies Trove of Decisions for Digital Age": Erik Eckholm has this article in today's edition of The New York Times.

And today, Harvard Law School issued a news release titled "Harvard Law School Launches 'Free the Law' Project with Ravel Law To Digitize US Case Law, Provide Free Access."
Posted at 10:48 AM by Howard Bashman



"Constitution Check: Do individual rights stop at the U.S. border?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:44 AM by Howard Bashman


"Zimmer Ruling Continues Pa. Justices' Pro-Plaintiff Trend": Dan Packel has this article (subscription required for full access) in which I am quoted at Law360.com.

My earlier coverage of the ruling can be accessed here.
Posted at 09:05 AM by Howard Bashman



"Huge Sums Are Pouring Into Judicial Elections, But That Would Never Affect the Courts, Right? A new report shows that the flood of independent spending in judicial races across the country continues to head skyward." AJ Vicens of Mother Jones has this report today.
Posted at 09:03 AM by Howard Bashman


"Let's not make a deal": Today's edition of The Philadelphia Inquirer contains an editorial that begins, "Is the silence emanating from the Pennsylvania Supreme Court the sound of another backroom deal? It's been about a month since Justice J. Michael Eakin's dirty emails began seeping into public view like so much untreated waste, but the high court and judicial disciplinary officials have yet to muster anything like a convincing response."
Posted at 09:02 AM by Howard Bashman


"Why the death penalty might come to an end": Minnesota Public Radio has this report.
Posted at 09:00 AM by Howard Bashman


"Church, State, and the Supreme Court's Moment of Truth": Linda Greenhouse has this essay online at The New York Times.
Posted at 08:50 AM by Howard Bashman


Wednesday, October 28, 2015

"Mystery donor group fuels attack ads in PA Supreme Court race": Eric Holmberg of PublicSource has this report today.
Posted at 10:55 PM by Howard Bashman


"Obama Administration Supports Transgender Student In Federal Appeals Court": Chris Geidner of BuzzFeed News has this report.
Posted at 09:46 PM by Howard Bashman


"Is There a Silver Lining to Citizens United?" Thomas B. Edsall has this essay online at The New York Times.
Posted at 09:36 PM by Howard Bashman


"Court: Evangelists' pig's-head slurs deserved protection." Tresa Baldas of The Detroit Free Press has this news update.

Jonathan Stempel of Reuters reports that "Christian evangelists win Michigan speech case over Arab festival."

And at The Volokh Conspiracy," Eugene Volokh has a post titled "Sixth Circuit rejects 'heckler's veto' as to anti-Islam speech by 'Bible Believers.'"

My earlier coverage of today's en banc Sixth Circuit ruling can be accessed here.
Posted at 08:22 PM by Howard Bashman



"Judge Critical of Past FCC Net Neutrality Efforts Draws Latest Case": Brent Kendall has this post today at WSJ.com's "Washington Wire" blog.
Posted at 07:46 PM by Howard Bashman


"When Is It Constitutional to Purge Black Jurors? As the U.S. Supreme Court considers Foster, the standards that govern peremptory challenges are back on the table." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 05:50 PM by Howard Bashman


"Bin Laden Memos Distort the Laws of War": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 05:48 PM by Howard Bashman


"Ted Cruz Vs. Margaret Sanger's Portrait": Amy Davidson has this post online today at The New Yorker.
Posted at 05:20 PM by Howard Bashman


"Making Insider Trading Legal": Patrick Radden Keefe has this post online at The New Yorker.
Posted at 05:18 PM by Howard Bashman


"How 4 Federal Lawyers Paved the Way to Kill Osama bin Laden": Charlie Savage will have this article in Thursday's edition of The New York Times.
Posted at 04:33 PM by Howard Bashman


"SAC's Martoma seeks reversal of U.S. insider trading conviction": Nate Raymond of Reuters has a report that begins, "A U.S. appeals court wrestled on Wednesday with whether a recent appellate ruling that limited the scope of insider trading laws meant that the 2014 conviction of former SAC Capital Advisors portfolio manager Mathew Martoma should be reversed."

And Bloomberg News reports that "SAC's Mathew Martoma Seeks Freedom in Appeals Court Bid."
Posted at 04:22 PM by Howard Bashman



"Appeals court rules more immigrants should get bond hearings": The Associated Press has this report.

And Courthouse News Service reports that "Bond Hearings Ordered for Long ICE Holds."

You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 04:15 PM by Howard Bashman



"Anti-Muslim group wins appeal in Arab fest case": Robert Snell of The Detroit News has an update that begins, "Christian evangelists who were kicked out of an Arab-American street festival in 2012 after carrying a pig's head and telling Dearborn Muslims they would 'burn in hell' won their federal appeal Monday and will be awarded damages."

And The Associated Press reports that "Christian activists win speech case tied to Arab festival."

You can access today's divided ruling* of the en banc U.S. Court of Appeals for the Sixth Circuit -- in which the judges' alignment cannot be characterized as along political lines -- at this link.

---
* The en banc court's vote was 8-to-5 when considering only the votes of those judges who joined fully in the majority opinion or who joined fully only in one or more dissenting opinions. Two additional judges joined the majority opinion in part and dissented in part. Their votes caused the Sixth Circuit to be divided 10-to-5 in certain respects and 9-to-6 or 8-to-7 in other respects. Should my vote counting be viewed as not merely cursory but inaccurate, readers are invited to share their more careful analysis of the en banc court's voting breakdown.
Posted at 03:40 PM by Howard Bashman



"Justice Kennedy says officials must follow law or resign": Bob Egelko of The San Francisco Chronicle has this report.

I previously linked to the YouTube video of Justice Anthony M. Kennedy's recent Harvard Law School remarks in a post you can access here.
Posted at 11:57 AM by Howard Bashman



"Don't Baby Law School Applicants": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:55 AM by Howard Bashman


"Tony Williams: Justice Eakin should resign." William Bender has this article in today's edition of The Philadelphia Daily News.
Posted at 11:50 AM by Howard Bashman


"Guantanamo court considers replacing 9/11 suspect's lawyer": Reuters has this report.
Posted at 11:44 AM by Howard Bashman


"FAN 82 (First Amendment News) Smolla & Abrams to file First Amendment brief in Redskins trademark case": Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 11:38 AM by Howard Bashman


"Justice Ginsburg's Warning To A Dysfunctional Nation": Ian Millhiser has this post today at ThinkProgress.
Posted at 11:35 AM by Howard Bashman


"Pa. Justices Say $20M Zimmer Verdict Was Wrongly Voided": Beth Winegarner of Law360.com has this report.

Yesterday's 3-to-2 ruling of the Supreme Court of Pennsylvania consisted of a majority opinion and a dissenting opinion.
Posted at 11:32 AM by Howard Bashman



What multiple of 17 are you? Starting today, for me the answer to that question begins with a 3.

And to think, it only took until my 51st birthday for me to realize that I share the same birthday as the Statue (or, as lawyers are wont to say, Statute) of Liberty. [Update: The original version of this post either contained a typo or else I was really intent on proving the point of the preceding parenthetical. In any event, thanks to those many readers who emailed to draw the typo to my attention.]
Posted at 11:09 AM by Howard Bashman



"Constitution Check: Is Obamacare headed for new trouble?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:07 AM by Howard Bashman


"Adam Liptak and Steven Mazie: The 10 Toughest Cases of the 2014-15 Term." Although I am fortunate to have a ticket to attend this National Constitution Center event today at noon eastern time, the weather in Philadelphia today is dreadful.

Fortunately, the program will be live-streamed on YouTube via this link beginning at noon eastern time today.
Posted at 11:00 AM by Howard Bashman



Tuesday, October 27, 2015

"A Black Hole for Americans' Rights Abroad": Law professor Noah Feldman has this essay online at Bloomberg View.

And at his "The Narrowest Grounds" blog, Asher Steinberg has a post titled "Nothing Plus Nothing Is Nothing: How the D.C. Circuit Got Bivens Wrong."
Posted at 10:16 PM by Howard Bashman



"Plaintiffs to appeal House of Delegates boundaries case to U.S. Supreme Court": The Richmond Times-Dispatch has this report.
Posted at 10:06 PM by Howard Bashman


"UT to Supreme Court: We Need Affirmative Action." The Texas Tribune has this report.

And The Daily Texan reports that "University files respondent brief in Fisher case."
Posted at 10:02 PM by Howard Bashman



Ninth Circuit calls for response to plaintiffs' petition for rehearing en banc in O'Bannon v. NCAA: You can access yesterday's order of the U.S. Court of Appeals for the Ninth Circuit at this link. The petition for rehearing en banc can be accessed here.

My earlier coverage of the partially divided three-judge Ninth Circuit panel's ruling can be accessed here.
Posted at 09:45 PM by Howard Bashman



"Supreme Court Landmark Case Lochner v. New York": C-SPAN has posted the video of last night's broadcast, featuring law professor Randy E. Barnett, at this link.
Posted at 09:10 PM by Howard Bashman


"Supreme Court to hear appeal by midstate man who confessed to rape after cop lied to him": Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this news update reporting on an order granting allowance of appeal that the Supreme Court of Pennsylvania issued today.
Posted at 09:06 PM by Howard Bashman


"Coming to SCOTUS: Battle of the dueling interpretive canons." Neal Goldfarb has this post today at his "LAWnLinguistics" blog.

And at his "The Narrowest Grounds" blog, Asher Steinberg recently had posts titled "The Government Jumps off a Cliff in Lockhart v. U.S., and Why All Textualism is (Constructive) Intentionalism" and "Rethinking Lockhart."
Posted at 09:00 PM by Howard Bashman



Seventh Circuit Judge Hamilton is female? So suggests Pennsylvania Chief Justice Thomas G. Saylor (definitely not female) via his use of pronouns in an opinion concurring in the judgment issued today.

Although I have never met Seventh Circuit Judge Hamilton, given that his full name is David F. Hamilton, I had always assumed he was male.

On the other hand, Judge Hamilton's middle initial stands for "Frank," and Eleventh Circuit Judge Frank M. Hull is female.

Update: As invariably happens once an error is observed here at "How Appealing," the official version of the concurring opinion has been corrected. The original version of the concurring opinion can be accessed here.
Posted at 08:20 PM by Howard Bashman



"State Supreme Court ruling is win for Arneson, loss for Wolf": Jan Murphy of The Patriot-News of Harrisburg, Pennsylvania has this news update.

Angela Couloumbis of The Philadelphia Inquirer has a news update headlined "Supreme Court: Wolf wrong to oust Open Records chief."

Karen Langley of The Pittsburgh Post-Gazette has a news update headlined "State's high court rules governor overstepped authority in open records firing."

And The Pittsburgh Tribune-Review has a news update headlined "Pa. Supreme Court says firing of open records director unlawful."

Today's 3-to-1 ruling of the Supreme Court of Pennsylvania consists of a majority opinion and a dissenting opinion.
Posted at 06:13 PM by Howard Bashman



"State Senator calls for Justice J. Michael Eakin to resign over role in email scandal": Charles Thompson of The Patriot-News of Harrisburg, Pennsylvania has this news update.

And The Associated Press reports that "Democrats call for ouster of Pa. high court Justice Eakin."
Posted at 06:10 PM by Howard Bashman



Programming note: Today, I will be arguing two unrelated appeals before the same three-judge panel of the Superior Court of Pennsylvania in Harrisburg, Pennsylvania. As a result, additional posts will appear here this evening.
Posted at 06:44 AM by Howard Bashman


Monday, October 26, 2015

"How Satan Came to Salem: The real story of the witch trials." Adam Goodheart has this article in the November 2015 issue of The Atlantic.
Posted at 10:08 PM by Howard Bashman


"Judge Lourie withholds criticism of Supreme Court, explains no judge likes to be reversed": Gene Quinn recently had this post at IPWatchdog.com.
Posted at 09:44 PM by Howard Bashman


"Notorious RBG: The Supreme Court Justice Turned Cultural Icon." Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered."
Posted at 09:42 PM by Howard Bashman


"FAN 81.1 (First Amendment News) Floyd Abrams, 'Beyond the Reach of Government'": Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 09:36 PM by Howard Bashman


"States Lawyer Up, Looking To Find A Way To Buy Execution Drugs From Overseas; Texas, Ohio, and Arizona corrections officials all have hired private lawyers to try to find a way around the FDA, current law, and a federal court order in order to import execution drugs from overseas": Chris Geidner and Chris McDaniel of BuzzFeed News have this report.

Robert Gehrke of The Salt Lake Tribune reports that "Utah latest red state grappling with death penalty."

And Mark Berman of The Washington Post reports that "Florida inmate asks to be executed by electric chair rather than lethal injection."
Posted at 09:33 PM by Howard Bashman



"Will class action ascertainability come to SCOTUS through Tyson back door?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 09:22 PM by Howard Bashman


"'Motivated by race,' prosecutor dooms his double murder case": Bob Egelko of The San Francisco Chronicle has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 09:20 PM by Howard Bashman


"Souter, Gregg discuss civics as part of primary project": The Associated Press has this report.
Posted at 09:16 PM by Howard Bashman


"A Spark Delayed Ignites Into Late-Life Love": Online at The Hartford Courant, Ann Z. Leventhal has an essay that begins, "In 1958, when I was 22 and Jon O. Newman was 26, he debated William F. Buckley Jr. at Hartford's West Middle School."
Posted at 09:10 PM by Howard Bashman


"Appoint special prosecutor in court email scandal": Former Pennsylvania Chief Justice Ronald D. Castille has this post today at the "Think Tank" blog of The Philadelphia Inquirer.
Posted at 09:06 PM by Howard Bashman


In the November 2015 issue of ABA Journal magazine: Mark Walsh has an article headlined "Supreme Court weighs the right to sue an Internet data site."

Jenny B. Davis has a "10 Questions" interview titled "This lawyer is fighting to extend basic human rights to complex animals."

And this month's installment of Bryan A. Garner's "On Language" column is titled "Is your pronunciation on point? Take this quiz to find out."
Posted at 09:02 PM by Howard Bashman



"Saving our ignocratic republic: Can a book, even one endorsed by Supreme Court Justice Sam Alito, teach voters that Judge Judy doesn't sit on the Supreme Court? Or is it already too late?" Law professor Glenn Harlan Reynolds has this essay online at USA Today.
Posted at 08:55 PM by Howard Bashman


Greetings from Harrisburg, Pennsylvania: Where during the day on Tuesday, I will be arguing two unrelated appeals before the same three-judge panel of the Superior Court of Pennsylvania.
Posted at 08:50 PM by Howard Bashman


"It's Illinois v. Illinois in a Duel for Justices' Attention": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 04:33 PM by Howard Bashman


"Justices grill attorneys in New Mexico assisted-suicide case": The Associated Press has this report.
Posted at 02:40 PM by Howard Bashman


"Dearborn man, separated from family, sues to get off No-Fly List": The Press & Guide of Dearborn, Michigan had this report back in May 2013.

Also in May 2013, The Detroit Free Press reported that "Dearborn man under investigation for kidnappings sues over no-fly status."

More recently, in October 2014, Courthouse News Service reported that "No-Fly List Challenge Takes Off in 6th Circuit."

Today, a partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this ruling reinstating in part the plaintiff's suit.
Posted at 01:48 PM by Howard Bashman



"Ninth Circuit Rules in Favor of Tribe in $36.2M Compact Dispute": Matthew L.M. Fletcher has this post today at the "Turtle Talk" blog about a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:35 PM by Howard Bashman


"Guantanamo lawyers say U.S. probe led to conflict of interest": Reuters has this report.
Posted at 01:28 PM by Howard Bashman


"Supreme Court Associate Justice Anthony Kennedy visits HLS": Harvard Law School has posted this video online today at YouTube.
Posted at 01:22 PM by Howard Bashman


"Pa. Supreme Court candidate's 'gay-panic' defense": William Bender has this article in today's edition of The Philadelphia Daily News.

Also in that newspaper today, columnist John Baer has an essay titled "Big biz group wants women to run Pa. Supreme Court."
Posted at 01:18 PM by Howard Bashman



"Dayton child porn case heads to Ohio Supreme Court": The Dayton Daily News has an article that begins, "Attorneys for a convicted child pornographer from Dayton will argue before the Ohio Supreme Court on Tuesday that the state's legal definition of nudity is unconstitutional because it doesn't allow for the production or creation of morally innocent images of naked children."
Posted at 01:12 PM by Howard Bashman


"Stephanie Stacy becomes second woman to sit on Nebraska Supreme Court": The Omaha World-Herald has this report.
Posted at 01:09 PM by Howard Bashman


"State wants Supreme Court to rehear Elkhart Four case": The Indianapolis Star has this report.

And The Elkhart Truth reports that "Elkhart Four cases could be reheard by Indiana Supreme Court, per petition filed by the state."
Posted at 01:07 PM by Howard Bashman



"Sonia Sotomayor speaks at Pomona College": The Inland Valley Daily Bulletin has this report, along with an article headlined "Supreme Court Justice Sonia Sotomayor leads Pomona College class during visit."

And Pomona College issued a news release titled "Supreme Court Justice Sonia Sotomayor Visits Pomona College." Online at YouTube, you can access "A Discussion with Sonia Sotomayor" that occurred during her visit.
Posted at 01:05 PM by Howard Bashman



"Wall Street Sharks Boosted by Ruling": Kenneth Jost had this post yesterday at his blog, "Jost on Justice."
Posted at 01:00 PM by Howard Bashman


"Review: 'Notorious RBG: The Life and Times of Ruth Bader Ginsburg.'" In today's edition of The New York Times, Jennifer Senior has a book review that begins, "Aesthetically speaking, 'Notorious RBG: The Life and Times of Ruth Bader Ginsburg' is a cheery curio, as if a scrapbook and the Talmud decided to have a baby."
Posted at 09:48 AM by Howard Bashman


"'Notorious RBG': The Supreme Court Justice Turned Cultural Icon." Nina Totenberg of NPR has this report.
Posted at 08:14 AM by Howard Bashman


Sunday, October 25, 2015

"New health overhaul challenge reaching Supreme Court": Mark Sherman of The Associated Press has this report.
Posted at 09:28 PM by Howard Bashman


"Aging Supreme Court energizes Republicans more than Democrats in 2016 race": Richard Wolf of USA Today has this report.
Posted at 09:16 PM by Howard Bashman


"Supreme Court to examine racial divide in jury selection": Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 08:21 PM by Howard Bashman


"A Comment on Noah Feldman on Judge Gordon Quist": Asher Steinberg has this post at his blog, "The Narrowest Grounds."
Posted at 08:17 PM by Howard Bashman


"Ruling upholds extra prison time for felon who laughed during sentencing": Maura Dolan of The Los Angeles Times has this report.

And Bob Egelko of The San Francisco Chronicle reports that "Judge's doubling of laughing defendant's prison time upheld."

You can access Thursday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 04:21 PM by Howard Bashman



"Cruz: America 'one more liberal justice' away from irrevocable damage." Bradford Richardson has this article online at The Hill.
Posted at 04:05 PM by Howard Bashman


"Evangelicals Discover Moral Ambiguity on the Death Penalty; A new focus on systemic institutional problems reflects the changing demographics of the faithful": Robert P. Jones has this article online today at The Atlantic.
Posted at 04:03 PM by Howard Bashman


"'The most significant race in recent memory' for Pa. Supreme Court": In today's edition of The Philadelphia Inquirer, Chris Palmer has an article that begins, "The low-wattage contest for Pennsylvania's Supreme Court got a few jolts of energy last week, thanks to a blitz of television ads and the release of pornographic emails tied to a sitting justice." The newspaper also contains an editorial titled "Supreme opportunity."

In today's edition of The Pittsburgh Post-Gazette, Chris Potter has a front page article headlined "State Supreme Court race runs along party lines; Three seats open on Supreme Court." Potter also has a related article headlined "Seven candidates in the running for three Pennsylvania Supreme Court seats." And the newspaper contains an editorial titled "For Supreme Court: The best choices are Olson, Donohue and Wecht."

And in today's edition of The Erie Times-News, Ed Palattella has this article profiling the appellate court candidates. The newspaper also contains an editorial titled "Statewide judges should be picked on merit."
Posted at 03:52 PM by Howard Bashman



"Kane fights back and ignites wider debate on Pa. politics": Craig R. McCoy and Angela Couloumbis have this article in today's edition of The Philadelphia Inquirer.

And today's edition of The Pittsburgh Post-Gazette contains a letter to the editor titled "Justice Eakin, domestic abuse is never a joke."
Posted at 03:33 PM by Howard Bashman



Saturday, October 24, 2015

"D.C. Circuit Review -- Reviewed: A War Court." Aaron Nielson has this post at the blog of the Yale Journal on Regulation.
Posted at 11:07 PM by Howard Bashman


"Porn emails raise questions about judicial ethics in Pa." Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania has this report.

Yesterday's edition of The Philadelphia Inquirer contained an editorial titled "Mixed messages."

Yesterday's edition of The Philadelphia Daily News contained an editorial titled "5 things you won't believe about latest porn email scandal."

And at the "Philly Clout" blog of The Philadelphia Daily News, William Bender has a post titled "Is Pennsylvania run by our crazy uncles?"
Posted at 11:02 PM by Howard Bashman



"The secrets of the death penalty: One of the state's most important acts -- that of putting someone to death -- is also one of its most secretive activities." Bill Rankin of The Atlanta Journal-Constitution has this report.

And Michael Kiefer of The Arizona Republic reports that "Arizona again tries to illegally import execution drug."
Posted at 10:42 PM by Howard Bashman



"At SCOTUS, Today's Dissent Can Become Tomorrow's Majority Opinion: Examining the role of dissenting opinions in U.S. legal history." Damon Root has this post at Reason's "Hit & Run" blog.
Posted at 10:33 PM by Howard Bashman


"The Law School Debt Crisis": This editorial will appear in Sunday's edition of The New York Times.
Posted at 08:50 PM by Howard Bashman


Friday, October 23, 2015

"Judges Will Travel, Overturn Decisions": Online at Bloomberg View, law professor Noah Feldman has an essay that begins, "In an unusual, head-snapping reversal, Amazon.com has convinced a panel of the U.S. Court of Appeals for the 9th Circuit to retract an opinion on its search results technique and replace it with a decision in its favor. To make the result even weirder, the single judge who flipped isn't a member of the 9th Circuit all."
Posted at 11:40 PM by Howard Bashman


"Justices reject administration's advice more often lately": Mark Sherman of The Associated Press has this report.
Posted at 06:25 PM by Howard Bashman


"Illinois spat arises from Supreme Court union dispute": Lawrence Hurley of Reuters has this report.
Posted at 06:24 PM by Howard Bashman


"Dog wins its day in court after defendant challenged canine's presence in Akron trial": The Akron Beacon Journal has an article that begins, "An Ohio appeals court has rejected an Ohio prisoner's claim that the wagging tail of a dog brought into an Akron courtroom to put a young victim at ease swayed the jury in the case."

You can access Wednesday's ruling of Ohio's all-female Ninth District Court of Appeals at this link. Back in 2013, Court News Ohio had a report titled "Appeals Court Makes History With All-Women Membership." For similar reports from elsewhere, see here (Milwaukee) and here (San Antonio).
Posted at 12:44 PM by Howard Bashman



"Appeals court says American can't sue FBI over abuse claims": Sam Hananel of The Associated Press has a report that begins, "A federal appeals court says a U.S. citizen can't sue a group of FBI agents he says falsely imprisoned and tortured him for several months in Africa."

And Lawrence Hurley of Reuters reports that "Court rules against American citizen held by U.S. agents in Africa."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit, in which all three judges issued an opinion, at this link.
Posted at 12:30 PM by Howard Bashman



"Google Books' Win May Threaten Other Media; An appellate court decision broadens fair use online": Robert Levine of Bloomberg Businessweek has this report.
Posted at 12:28 PM by Howard Bashman


"Kennedy assails prison shortcomings; At Law School, Supreme Court judge cites 'ongoing injustice' of system": The Harvard Gazette has this report.
Posted at 12:20 PM by Howard Bashman


"Court Rules That Student Loan Company Isn't Above the Law; This lawsuit could have blocked borrowers from getting their day in court": Natalie Kitroeff of Bloomberg News has this report.

My earlier coverage of Wednesday's Fourth Circuit ruling can be accessed here.
Posted at 12:18 PM by Howard Bashman



"States challenge Obama's carbon rules in court": Valerie Volcovici and Lawrence Hurley of Reuters have an article that begins, "Twenty-four states said they filed a petition with a U.S. appeals court on Friday to block the Obama administration's proposal to curb carbon dioxide emissions from power plants, the centerpiece of its high-profile climate change strategy."
Posted at 12:16 PM by Howard Bashman


"Appeals court reverses itself, gives Amazon a trademark win over watchmaker; Decision diverts an impending trial over Amazon's search function": Joe Mullin of Ars Technica has this report.

My earlier coverage of Wednesday's Ninth Circuit ruling on panel rehearing can be accessed here.
Posted at 10:24 AM by Howard Bashman



"Kathleen Kane lets public judge J. Michael Eakin's emails": Steve Esack has this front page article in today's edition of The Morning Call of Allentown, Pennsylvania.
Posted at 10:18 AM by Howard Bashman


"'Minion of Satan' asks to give invocation in Lake": In today's edition of The Orlando Sentinel, Christal Hayes has an article that begins, "A South Florida man who describes himself as a 'minion of Satan' has requested to give a satanic invocation before a Lake County Commission meeting."
Posted at 10:15 AM by Howard Bashman


"U.S. Prosecutor to Drop Insider Trading Cases Against Seven": In today's edition of The New York Times, Matthew Goldstein has an article that begins, "The impact of a landmark decision that made it harder to prosecute insider trading was amply demonstrated on Thursday as the top federal prosecutor in Manhattan moved to dismiss the charges and convictions of seven people."
Posted at 10:12 AM by Howard Bashman


"Mormons Say Duty to Law on Same-Sex Marriage Trumps Faith": Jack Healy has this article in today's edition of The New York Times.
Posted at 10:07 AM by Howard Bashman


"Ed Whelan vs George Will on 'judicial restraint'": Randy Barnett has this post today at "The Volokh Conspiracy."
Posted at 09:22 AM by Howard Bashman


Thursday, October 22, 2015

"Electing Pennsylvania Supreme Court Judges: Justice for Sale?" The video of this past Monday's broadcast of The American Law Journal, on which I served as an in-studio guest, is now available online via YouTube at this link.

The other in-studio guests were retired U.S. District Judge Edward N. Cahn (E.D. Pa.) and Hank Grezlak, editor-in-chief of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.
Posted at 04:22 PM by Howard Bashman



"Attorney General's office releases emails of Supreme Court Justice Eakin": Charles Thompson of The Patriot-News of Harrisburg, Pennsylvania has this news update. Thompson also reports that "Kathleen Kane breaks with her deputy on Pa. Supreme Court Justice Eakin's emails."

Karen Langley of The Pittsburgh Post-Gazette has a news update headlined "AG Kane's office releases to reporters examples of justice's 'offensive' emails."

Craig R. McCoy and Maria Panaritis of The Philadelphia Inquirer have a news update headlined "Kane releases offensive emails."

Brad Bumsted of The Pittsburgh Tribune-Review has a news update headlined "Kane blames First Deputy Beemer for review of justice's emails."

Tuesday's edition of The Reading (Pa.) Eagle contained an editorial titled "Justice's continued service could taint high court cases."

In today's edition of The Reading Eagle, columnist Liam Migdail-Smith has an op-ed titled "It's too late to regret it after you said it."

And in today's edition of The Pittsburgh Post-Gazette, columnist Jennifer Graham has an op-ed titled "Whatever happened to modesty? When porn gets soft-pedaled as 'mild,' the Halloween tramp won't be far behind."
Posted at 04:00 PM by Howard Bashman



"For Supreme Court -- Christine Donohue, Judith Olson and David Wecht": The Patriot-News of Harrisburg, Pennsylvania has posted online this editorial today.

And this past Sunday's edition of The Pittsburgh Tribune-Review contained an editorial titled "For Pennsylvania Supreme Court: Elect Michael George, Judy Olson & David Wecht,"
Posted at 03:57 PM by Howard Bashman



"How Supreme Court Justices Check for Conflicts of Interest": Tony Mauro of The National Law Journal has this interesting report today (pass-through link via Twitter).
Posted at 03:10 PM by Howard Bashman


"Supreme Court battle on assault weapons looms; But do bans do anything? A federal court upheld assault weapons bans in New York and Connecticut; But there's debate over what the laws actually accomplish." Harry Bruinius of The Christian Science Monitor has this report.
Posted at 02:50 PM by Howard Bashman


"Prosecuting Online Threats After Elonis": Michael Pierce has this essay at Northwestern University Law Review Online.
Posted at 02:14 PM by Howard Bashman


"The false promise of 'judicial restraint' in America": In today's edition of The Washington Post, columnist George F. Will has an op-ed that begins, "A supremely important presidential issue is being generally neglected because Democrats have nothing interesting to say about it and Republicans differ among themselves about it."

In response today at National Review's "Bench Memos" blog, Ed Whelan has a post titled "George Will's Mistaken Critique of Judicial Restraint."
Posted at 02:10 PM by Howard Bashman



"Oral Argument in Hurst v. Florida: Old Divisions, Fraying Alliances?" Jonathan Keim had this post yesterday at National Review's "Bench Memos" blog.
Posted at 11:56 AM by Howard Bashman


"The Supreme Court vs. Contract Law": Greg Klass has this post at the "New Private Law" blog.
Posted at 09:06 AM by Howard Bashman


"Constitution Check: Are driver's licenses the answer to voter ID laws?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:04 AM by Howard Bashman


"Gun Laws Upheld, But It's Complicated": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:03 AM by Howard Bashman


"The secret US prisons you've never heard of before: Investigative journalist Will Potter is the only reporter who has been inside a Communications Management Unit, or CMU, within a US prison." Via TED Talks at this link. Additional information can be accessed here.
Posted at 08:56 AM by Howard Bashman


"The Decline of the Virginia (and American) Death Penalty": Law professor Brandon L. Garrett has posted this article online at SSRN.
Posted at 08:52 AM by Howard Bashman


"The Soft Evidence Behind the Hard Rhetoric of 'Deterrence'": Emily Bazelon will have this essay discussing Foster v. Chatman in this upcoming Sunday's issue of The New York Times Magazine.
Posted at 08:49 AM by Howard Bashman


"Penn. student loan agency not immune from whistleblower suit -- 4th Circuit": Reuters has this report.

Inside Higher Ed has a post titled "Suing Student Loan Servicers: In a decision hailed by consumer advocates, a federal appeals court rules that a major student loan agency is not immune from lawsuits."

And at the "Grade Point" blog of The Washington Post, Danielle Douglas-Gabriel has an entry titled "The student loan scandal that just won't die."

You can access yesterday's 72-page ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.

Paul D. Clement argued the appeal on behalf of PHEAA, while Bert W. Rein argued the appeal on behalf of the relator-plaintiff. You can access the Fourth Circuit oral argument via this link (27.7 MB mp3 audio file).
Posted at 08:36 AM by Howard Bashman



Wednesday, October 21, 2015

"Amazon.com escapes trademark suit after appeals court reverses itself": Reuters has this report.

And at Techdirt, Timothy Geigner has a post titled "Appeals Court Reverses Its Own Ruling: It's NOT Trademark Infringement For Amazon To Provide Useful Search Results."

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

My earlier coverage of the divided three-judge panel's original ruling, in which the majority reached the opposite result, can be accessed here and here.

In my first post about the earlier ruling, I observed that "[b]ecause a Senior U.S. District Judge sitting by designation provided the decisive vote on the panel, this case may have a better than average chance of attaining rehearing en banc."

My observation seems at least equally if not more apt now, given that the visiting senior district judge's change of mind about the proper outcome of the case is the reason for today's revised ruling on panel rehearing that reaches the exact opposite result of the three-judge panel's initial 2-to-1 ruling.
Posted at 05:55 PM by Howard Bashman



"Supreme Court takes 1st patent case of term, and plaintiffs could benefit; Halo Electronics won its patent case, but it's frustrated with a $1.5M award": Joe Mullin of Ars Technica has this report.
Posted at 05:46 PM by Howard Bashman


"Scalia Is Wrong About Kansas: His speculation that voters would oust judges who 'don't like the death penalty' was dead wrong." Robert J. Smith has this jurisprudence essay online at Slate.
Posted at 05:26 PM by Howard Bashman


"On Gun Laws, We Must Get the History Right: Understanding who carried weapons in the 17th century could determine where you may carry a gun today." Priya Satia has this jurisprudence essay online today at Slate.
Posted at 05:23 PM by Howard Bashman


"Dissenting statement from denial of review -- first ever?" Yesterday at the "At the Lectern" blog, David Ettinger had a post that begins, "When the Supreme Court [of California] last week denied review in In re Joseph H., it made news because it's a high-profile case (a 10-year-old shot and killed his neo-Nazi father) and it involves an important legal issue (whether a 10-year-old can knowingly waive his Miranda rights)."
Posted at 05:18 PM by Howard Bashman


"Supreme Court's challenge: Fit new grid into old law." Robin Bravender of Greenwire has this report today.
Posted at 05:12 PM by Howard Bashman


"'Dissent and the Supreme Court,' by Melvin I. Urofsky": In the Sunday Book Review section of this upcoming Sunday's edition of The New York Times, Dahlia Lithwick will have this review of Melvin I. Urofsky's new book, "Dissent and the Supreme Court: Its Role in the Court's History and the Nation's Constitutional Dialogue."
Posted at 05:09 PM by Howard Bashman


Tuesday, October 20, 2015

Programming note: Tomorrow I will be in Scranton, Pennsylvania preparing for the oral argument of two appeals next Tuesday before a three-judge panel of the Superior Court of Pennsylvania sitting in Harrisburg, Pennsylvania. As a result, additional posts will not appear here until tomorrow evening.

As is often the case, additional appellate-related posts may appear at this blog's Twitter feed while I am away from the computer.
Posted at 11:30 PM by Howard Bashman



"Federal appeals court weighs challenge to anti-hacking law": Howard Mintz of The San Jose Mercury News has this report.

You can view the video of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in United States v. Nosal on YouTube via this link.
Posted at 11:22 PM by Howard Bashman



"Ventura says he was 'booster rocket' propelling sales of defamatory 'American Sniper'; Ventura says he is prepared to fight the case again if retrial is ordered": Randy Furst and Abby Simons of The Minneapolis Star Tribune have this news update.

The St. Paul Pioneer Press has a news update headlined "Ventura says he will fight 'Sniper' case again if court orders retrial."

And The Associated Press reports that "Appeals court weighs $1.8M award to Ventura in 'Sniper' case."

You can access the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit via this link (21.9 MB mp3 audio file).
Posted at 10:08 PM by Howard Bashman



"Scalia: 'Wouldn't surprise me' if death penalty struck down." The Associated Press has this report.
Posted at 09:54 PM by Howard Bashman


"Yale wins court fight over Van Gogh's 'The Night Cafe' painting": The New Haven Register has this news update.

And Reuters reports that "New York court rejects appeal, lets Yale keep van Gogh painting."

You can access today's summary order of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 08:14 PM by Howard Bashman



"Law School Alma Mater Honors Ninth Circuit Judge M. Margaret McKeown": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 07:54 PM by Howard Bashman


"Former judge with local ties dies at 90; Former Judge Richard J. Cardamone of the U.S. Court of Appeals for the Second Circuit died Friday": The Utica (N.Y.) Observer-Dispatch has this report.
Posted at 01:45 PM by Howard Bashman


"Guantanamo Detainee's Request Delays Progress Toward 9/11 Trial": Charlie Savage has this article in today's edition of The New York Times.

And Carol Rosenberg of The Miami Herald reports that "Accused 9/11 plotter asks about self-representation at Guantanamo war court, snags hearing."
Posted at 01:42 PM by Howard Bashman



"Federal Appeals Court Upholds Connecticut Gun Law; Appeals court rules post-Newtown gun laws 'pass constitutional muster'": Jenny Wilson has this front page article in today's edition of The Hartford Courant.

In today's edition of The New York Times, Benjamin Weiser has an article headlined "Bans on Assault Weapons in New York and Connecticut Are Upheld."

And today's broadcast of NPR's "Morning Edition" contained an audio segment titled "Supreme Court May Have Last Word On States' Assault Weapons Bans."

My earlier coverage of yesterday's Second Circuit ruling can be accessed here.
Posted at 01:36 PM by Howard Bashman



"After a decade-long Conservative reign, what's on Trudeau's justice agenda?" Sean Fine of The Toronto Globe and Mail has an article that begins, "Following the decade-long reign of a prime minister determined to erase the Liberal Party's imprint on the justice system, Justin Trudeau inherits a tough-on-crime approach and judicial appointment processes vastly different than the ones left behind by his party forebears."
Posted at 01:24 PM by Howard Bashman


"Constitution Check: Does the Supreme Court need stronger ethical rules?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:18 PM by Howard Bashman


"Supreme Court Landmark Case, Slaughterhouse Cases": C-SPAN has posted the video of last night's broadcast, featuring Paul D. Clement, at this link.
Posted at 10:20 AM by Howard Bashman


Monday, October 19, 2015

"Goldman asks 2nd Circuit to re-examine price-impact rebuttal standard": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 10:15 PM by Howard Bashman


"Federal appeals court hears Ambassador Bridge challenge; Three-judge panel in Washington wonders why Coast Guard won't commit to firm timeline for issuing permit for twin span": Todd Spangler of The Detroit Free Press has this news update.

You can access the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit via this link (63.2 MB mp3 audio file).
Posted at 10:14 PM by Howard Bashman



"Supreme Court takes on another high-stakes FERC case": Robin Bravender of Greenwire has this report today.
Posted at 10:05 PM by Howard Bashman


"Judge: No quick appeal in House lawsuit over health care law." The Associated Press has this report.

You can access today's order of the U.S. District Court for the District of Columbia at this link.
Posted at 03:54 PM by Howard Bashman



"Supreme Court to Consider Patent Damages, New Electricity Case": Brent Kendall has this post at WSJ.com's "Law Blog."
Posted at 01:58 PM by Howard Bashman


"Experts say free speech at stake in 'American Sniper' appeal": The Associated Press has this report.
Posted at 01:54 PM by Howard Bashman


"No more scandal, no more embarrassment, from the state Supreme Court, please": This editorial appears in today's edition of LNP of Lancaster, Pennsylvania.

And at NewsWorks, Dave Davies has a post titled "Stink bombs in Supreme Court race."
Posted at 12:43 PM by Howard Bashman



"Former Kansas AG Phill Kline files federal lawsuit in attempt to recover law license; Kline argues recusal of justices left court unable to render decision": Justin Wingerter of The Topeka Capital-Journal has this news update.

Tony Rizzo of The Kansas City Star has a news update headlined "Phill Kline files suit seeking reinstatement of Kansas law license."

And Bryan Lowry of The Wichita Eagle has a news update headlined "Former A.G. Phill Kline files federal lawsuit over license suspension."
Posted at 12:40 PM by Howard Bashman



"U.S. appeals court uphold core of N.Y., Connecticut gun laws": Nate Raymond of Reuters has this report.

And The Associated Press reports that "US appeals court upholds gun laws after Newtown massacre."

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



"D.C. Circuit Review -- Reviewed: Out with the Old (and In With the Older?)" Aaron Nielson has this post at the blog of the Yale Journal on Regulation.
Posted at 10:16 AM by Howard Bashman


"Business Groups Eye Court for Limits on Class Actions": Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 10:14 AM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: At this link. The Court today granted review in four new cases, which combined will produce a total of only two hours of oral argument.

In early news coverage, The Associated Press reports that "Supreme Court won't reinstate $250K award in police shooting."

Lawrence Hurley of Reuters reports that "U.S. top court to hear bid to reinstate Maryland gas-fired plants plan"; "U.S. top court to hear Stryker appeal in Zimmer patent suit"; and "U.S. top court spurns father's appeal in Maryland police shooting case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court takes on new energy pricing dispute."
Posted at 09:36 AM by Howard Bashman



"Bay Area showdown over federal anti-hacking law": Howard Mintz of The San Jose Mercury News has this report.
Posted at 08:19 AM by Howard Bashman


"The media bring out the big guns as the Ventura verdict goes to 8th Circuit; They fear a new precedent against freedom of press": Randy Furst has this front page article in today's edition of The Minneapolis Star Tribune.
Posted at 08:16 AM by Howard Bashman


"13 Words That Could Mean Freedom for Many: The debate over the federal 'residual clause.'" Caroline Grueskin of The Marshall Project has this report today.
Posted at 08:11 AM by Howard Bashman


Sunday, October 18, 2015

"The Constitution Doesn't Matter to SCOTUS (and That's a Good Thing)": Law professor Eric Segall has this essay online today at The Daily Beast.
Posted at 11:16 PM by Howard Bashman


"At the Supreme Court, 'Little Sisters of the Poor' has a ring to it": Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 11:10 PM by Howard Bashman


"Special interest groups in Pennsylvania funding ads targeting state Supreme Court candidates": This article appeared in yesterday's edition of The Pittsburgh Post-Gazette.
Posted at 11:05 PM by Howard Bashman


"Juvenile life terms still up in air after court case": Jennifer S. Mann has this front page article in today's edition of The St. Louis Post-Dispatch.
Posted at 11:00 PM by Howard Bashman


Saturday, October 17, 2015

"No Second Chances: Should hundreds of convicted murderers be allowed to make the case that they've changed?" You can access at this link the audio of the new installment of Slate's "Amicus" podcast featuring Dahlia Lithwick.
Posted at 11:00 PM by Howard Bashman


"US Supreme Court Justice Sotomayor to visit University of Richmond": The Richmond Times-Dispatch has this report.
Posted at 10:50 PM by Howard Bashman


"Judge appointed to curb 'very activist' Arizona Supreme Court retires": Michael Kiefer has this article in today's edition of The Arizona Republic.
Posted at 10:35 PM by Howard Bashman


"Are Justice Eakin's emails 'just jokes' or a darker cloud on the Pa. Supreme Court?" Charles Thompson of The Patriot-News of Harrisburg, Pennsylvania has this report.

The newspaper also has an editorial titled "With Supreme Court election, voters have a chance to clean house -- they should take it."

And yesterday's edition of The Philadelphia Inquirer contained an editorial titled "Justice delayed."
Posted at 10:06 PM by Howard Bashman



"Justices mull appeal of Chicago suburb's assault weapons ban": Mark Sherman of The Associated Press has this report.
Posted at 01:14 PM by Howard Bashman


"Nebraska to Vote on Abolishing Death Penalty After Petition Drive Succeeds": Julie Bosman has this article in today's edition of The New York Times.

The Lincoln Journal Star reports that "Death penalty to be on ballot in 2016; repeal on hold."

The Omaha World-Herald reports that "Death penalty supporters put repeal on hold till 2016 vote."

And The Associated Press reports that "Death penalty repeal officially on hold until 2016 election."
Posted at 01:12 PM by Howard Bashman



Friday, October 16, 2015

"In first of three big class action cases at SCOTUS, worrisome hints for plaintiffs": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 06:07 PM by Howard Bashman


"Stephen Glass Repays Harper's $10,000 for His Discredited Work": Ravi Somaiya of The New York Times has this news update.
Posted at 06:02 PM by Howard Bashman


"Breyer took part in case despite wife's stock ownership": Sam Hananel of The Associated Press has this report.
Posted at 05:06 PM by Howard Bashman


"Ten Years the Chief: Examining a Decade of John Roberts on the Supreme Court." You can view the video of this event, which the Cardozo Law Review and the Floersheimer Center for Constitutional Democracy hosted yesterday, via this link.
Posted at 01:23 PM by Howard Bashman


"Goodbye, Newman: Why the Supreme Court doesn't always take the big cases." Alex Twinem, Michael Qian, Brittany Jones, and Danny Kane have this op-ed in today's edition of The Stanford Daily.
Posted at 01:20 PM by Howard Bashman


"Oklahoma executions on hold until at least 2016": Samantha Vicent of The Tulsa World has this news update.

Graham Lee Brewer of The Oklahoman has a news update headlined "All executions may be put on hold until 2016, court documents show; Attorneys for death row inmates and the attorney general's office jointly filed a motion in federal court Friday requesting that executions and a legal challenge to the state's death penalty be put on hold."

And The Associated Press reports that "Oklahoma agrees to hold off executions until at least 2016."
Posted at 01:04 PM by Howard Bashman



"Google book-scanning project legal, says U.S. appeals court": Reuters has this report.

Bloomberg News reports that "Google Wins Appeals Court Approval of Book-Scanning Project."

And The Associated Press reports that "Appeals court rules in favor of Google's online library."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 10:32 AM by Howard Bashman



"Cooper v. Aaron and Judicial Authority: Lessons From Little Rock." Evan Bernick recently had this blog entry online at The Huffington Post.
Posted at 10:28 AM by Howard Bashman


"Superior Court affirms ruling in The Inquirer's favor": Today's edition of The Philadelphia Inquirer contains this article reporting on a non-precedential ruling that the Superior Court of Pennsylvania issued on Wednesday.
Posted at 08:02 AM by Howard Bashman


"Military child petitions Supreme Court over Feres doctrine": Military Times has this report.
Posted at 07:58 AM by Howard Bashman


"Supreme Court Justice Hears Case Unaware of Stock Conflict": Greg Stohr of Bloomberg News has this report.
Posted at 07:18 AM by Howard Bashman


Thursday, October 15, 2015

"State's Involuntary Commitment Law Ruled Unconstitutional": CBS Miami has this report on a ruling that a two-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 11:36 PM by Howard Bashman


"Constitution Check: Do Obamacare rules do enough to protect religious employers?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:52 PM by Howard Bashman


"'Integrity' is mantra of candidates for spots on Pennsylvania's scandal-tainted high court": This article appears in today's edition of The Pittsburgh Tribune-Review.

Today's edition of The Pittsburgh Post-Gazette contains an article headlined "State Supreme Court candidates debate as pivotal election nears."

Today's edition of The Philadelphia Inquirer contains an article headlined "In debate, Supreme Court candidates vow integrity."

The Associated Press has a report headlined "Pa. Supreme Court debate: Candidates say bench should steer clear of email probe."

NewsWorks has an audio segment titled "Future Pa. justices on display."

Pennsylvania Cable Network has posted the video of yesterday's debate online at this link.

And in commentary, columnist John Baer of The Philadelphia Daily News has a blog post titled "Things not said in Supreme Court debate." Baer also had an op-ed in yesterday's Daily News headlined "It's time to judge the judges."
Posted at 10:50 PM by Howard Bashman



"Calls to defy Supreme Court ruling on marriage are futile": Law professor Erwin Chemerinsky has this op-ed in today's edition of The Orange County Register.
Posted at 10:35 PM by Howard Bashman


"Lafourche's chief public defender argues before U.S. Supreme Court": Houma Today has this report.
Posted at 10:33 PM by Howard Bashman


"Constitution Check: May lawyers lead a campaign to defy the Supreme Court?" Lyle Denniston had this post Tuesday at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:28 PM by Howard Bashman


"Canada's senior public officials targeted by little-known corruption law": In today's edition of The Toronto Globe and Mail, Sean Fine has a front page article that begins, "Canada is preparing to embark on a far-reaching program of financial surveillance of senior public officeholders, from Prime Minister Stephen Harper, Governor-General David Johnston and Supreme Court Chief Justice Beverley McLachlin down to thousands of elected politicians and senior bureaucrats."
Posted at 10:25 PM by Howard Bashman


"It's OK to watch porn at work during your lunch hour, Italy's highest court rules; Fiat wanted to sack an employee who was caught watching pornographic DVDs on his laptop": The Telegraph (UK) has this report today.
Posted at 10:20 PM by Howard Bashman


"Parsing sentence: The Supreme Court considers reversing life sentences handed to minors." This article will appear in the October 17, 2015 issue of The Economist.
Posted at 10:09 PM by Howard Bashman


"Black Sisters Endured Relentless Racist Bullying: When they complained, the school called their tormenters' parents." Dahlia Lithwick has this jurisprudence essay online at Slate about a ruling that the U.S. Court of Appeals for the Fifth Circuit issued on Tuesday.
Posted at 09:30 PM by Howard Bashman


"After narrow 2012 loss, death penalty opponents plan 2016 measure": Bob Egelko of The San Francisco Chronicle has an article that begins, "With public support for capital punishment declining, activists who fell just short of winning a voter repeal of California's death penalty law in 2012 are preparing for another attempt in November 2016."
Posted at 09:25 PM by Howard Bashman


"D.C. judge a formidable foe for Obama's environmental agenda": Robin Bravender of Greenwire recently had this profile of D.C. Circuit Judge Brett M. Kavanaugh.
Posted at 04:15 PM by Howard Bashman


"What Happens to Old Sentences When the Law Changes: The Supreme Court is grappling with the question of 'retroactivity' as justices review life sentences for juveniles." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 04:12 PM by Howard Bashman


"Big Business Could Shut Down Class-Action Suits With One Weird Trick: And the Supreme Court may just fall for it." Cristian Farias of The Huffington Post has this report today.
Posted at 04:07 PM by Howard Bashman


"Death-row inmates, including Ballard, win a round in court": Riley Yates of The Morning Call of Allentown, Pennsylvania has a news update that begins, "A lawsuit by five Pennsylvania death-row inmates questioning the state's execution method will be allowed to go forward, the Commonwealth Court ruled Thursday in a suit that charges the Department of Corrections improperly changed the drug cocktail it intends to use for lethal injections."
Posted at 04:03 PM by Howard Bashman


"Ninth Circuit Judge Barry G. Silverman to Assume Senior Status": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 03:30 PM by Howard Bashman


"Supreme Court Landmark Case Dred Scott v. Sandford": C-SPAN has posted the video of Monday night's broadcast at this link.
Posted at 01:54 PM by Howard Bashman


"Justices Delve Into Electricity Markets and Class-Action Demands": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has articles headlined "Unsolicited text message tees up an unusual debate at the Supreme Court" and "Justices question FERC's authority on demand response program."

David G. Savage of The Los Angeles Times reports that "Supreme Court conservatives question federal rule to cut electricity demand."

Richard Wolf of USA Today has articles headlined "Supreme Court conundrum: How to make a lawsuit go away?" and "Supreme Court doubts federal authority to control peak demand for power."

In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Text-Message Advertising Case Could Have Larger Implications for Class-Action Suits; Marketer Campbell-Ewald sought to quash a class-action suit by offering the man who would bring it $1,500."

Robin Bravender of Greenwire reports that "Justices question regulators' reach in fight over energy rule."

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Why the Justices Care About Your Electric Bill."
Posted at 01:04 PM by Howard Bashman



"Juvenile Lifers: Will Supreme Court Act Before They Die?" Liliana Segura has this report online at The Intercept.
Posted at 12:50 PM by Howard Bashman


"What a more interconnected world means for the Supreme Court": This interview with Justice Stephen G. Breyer appeared on yesterday evening's broadcast of the PBS NewsHour.
Posted at 12:48 PM by Howard Bashman


"PA Supreme Court Justice Michael Eakin apologizes for emails": Steve Esack has this front page article in today's edition of The Morning Call of Allentown, Pennsylvania.

In today's edition of The Philadelphia Inquirer, Craig R. McCoy and Angela Couloumbis have an article headlined "Eakin on emails: 'I sincerely apologize.'"

In today's edition of The Philadelphia Daily News, William Bender has an article headlined "Supreme Court justice apologizes, but questions remain."

Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania reports that "Kane, investigators spar over who had access to Supreme Court porn emails."

Brad Bumsted of The Pittsburgh Tribune-Review reports that "Kane denies not providing court, ethics panel with justice's emails."

And The Associated Press reports that "Kane says emails published by newspaper appear authentic."
Posted at 08:40 AM by Howard Bashman



"Battle over ownership of rare gold 'double eagles' again in court": Jeremy Roebuck has this article in today's edition of The Philadelphia Inquirer.
Posted at 08:26 AM by Howard Bashman


"Abortion at the Supreme Court's Door": Linda Greenhouse has this essay online today at The New York Times.
Posted at 08:23 AM by Howard Bashman


"Court Rules 'Hot Yoga' Isn't Entitled to Copyright": This article appears in today's edition of The New York Times.

My earlier coverage of last Thursday's Ninth Circuit ruling appears here and here.
Posted at 08:20 AM by Howard Bashman



Wednesday, October 14, 2015

"Supreme Court asked to help inmates serving life for crimes committed as youths": David G. Savage of The Los Angeles Times has this report.

The Advocate of Baton Rouge, Louisiana reports that "High court hears Baton Rouge case challenging juvenile life sentences; Suit challenges juvenile life sentences."

Today's edition of The Philadelphia Inquirer contains a front page article headlined "At 40, Juvenile Law Center's biggest case yet: Seeking second chance for juvenile lifers."

Lawrence Hurley of Reuters reports that "U.S. justices weigh life sentences for juveniles in murder cases."

At "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: A barrier to deciding juvenile sentencing issue?"

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Hears Arguments On Resentencing For Juvenile Lifers."

Online at Slate, Dahlia Lithwick has a Supreme Court dispatch titled "Is Life Retroactive? He was sentenced to life without parole at 17; Fifty years later, the Supreme Court weighs setting him free."

And online at Bloomberg View, law professor Noah Feldman has an essay titled "A Question of What's Law and What's Right."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Montgomery v. Louisiana, No. 14-280.
Posted at 10:00 PM by Howard Bashman



"College athletes ask court to reconsider part of ruling in NCAA pay case": Dan Levine of Reuters has this report.
Posted at 09:48 PM by Howard Bashman


"The Death-Penalty Feud at the Supreme Court: The justices weigh a new set of cases and their implications for the Eighth Amendment and lethal injection." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 09:45 PM by Howard Bashman


"Justices Question Florida's Death Penalty System": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court hears criminal justice cases, including death penalty rulings."

Richard Wolf of USA Today reports that "Supreme Court skeptical of Florida's death penalty system."

In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Supreme Court Weighs Tough Sentencing in Two Cases; Appeals were heard Tuesday over harsh punishments that two convicts contend violate the Constitution."

Michael Doyle of McClatchy DC reports that "Supreme Court confronts Florida death sentence challenge."

Lawrence Hurley of Reuters reports that "U.S. justices press Florida over death penalty sentencing."

Chris Geidner of BuzzFeed News reports that "Supreme Court Skeptical Of Judges' Role In Florida Death Sentencing."

At "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: Moral responsibility for death sentences."

Online at Slate, Mark Joseph Stern has a Supreme Court dispatch titled "Florida Judges Can Kill You: The state's perverse death sentencing system is surely unconstitutional -- right?"

And at the "Democracy in America" blog of The Economist, Steven Mazie has a post titled "Executions in the Sunshine state: Supreme scepticism about Florida's death penalty."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Hurst v. Florida, No. 14-7505.
Posted at 09:44 PM by Howard Bashman



"Twisted Decision on Yoga Copyright": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:07 PM by Howard Bashman


"Court revives lawsuit over NYPD surveillance of Muslims": Jeremy Roebuck has this article in today's edition of The Philadelphia Inquirer.

Reuters reports that "Muslim groups' lawsuit over N.Y. surveillance revived by court."

And at Politico.com, Josh Gerstein has a blog post titled "Appeals court revives lawsuit over NYPD surveillance of Muslims."

You can access yesterday's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 07:18 PM by Howard Bashman



"There is no better symbol of the current judicial confirmation obstruction than Judge Luis Felipe Restrepo's nomination to the U.S. Court of Appeals for the Third Circuit in Pennsylvania." So writes Michele L. Jawando in an op-ed headlined "Justice denied when judges refused a vote" in today's edition of The Philadelphia Inquirer.
Posted at 03:45 PM by Howard Bashman


"Biden and the Supreme Court": Online at The New Yorker, Jeffrey Toobin has a post that begins, "Joe Biden played a more consequential role in the history of the Supreme Court than almost any senator in American history."
Posted at 03:15 PM by Howard Bashman


"Appeals Court to Rehear New Jersey Sports Betting Case": The New York Times has this news update.

The Washington Post has a news update headlined "Appeals court gives New Jersey's quest for legal sports betting another shot."

NJ.com reports that "N.J. sports betting case will go before U.S. appeals court again."

The Record of Hackensack, New Jersey has a news update headlined "Latest twist in N.J. sports betting case gives hope to supporters of Vegas-style wagering."

Reuters reports that "U.S. appeals court to reconsider New Jersey sports betting bid."

And Bloomberg News reports that "New Jersey's Christie Can Try Again to Win Sports Bet Law."
Posted at 02:01 PM by Howard Bashman



"FERC Energy-Saving Rule Left in Doubt by U.S. High Court Session": Greg Stohr of Bloomberg News has this report.

Lawrence Hurley of Reuters reports that "U.S. justices question Obama administration electricity markets rule."

Sam Hananel of The Associated Press reports that "High court seems troubled over energy pricing rule."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: When an empty chair may count the most."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in FERC v. Electric Power Supply Assn., No. 14-840.
Posted at 01:50 PM by Howard Bashman



"U.S. justices divided over advertising firm's class action appeal": Lawrence Hurley of Reuters has this report.

And The Associated Press reports that "Supreme Court seems divided in class-action lawsuit case."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Campbell-Ewald Co. v. Gomez, No. 14-857.
Posted at 01:44 PM by Howard Bashman



"Court again considers fate of seized gold coins worth $80M": The Associated Press has this report on a rehearing en banc that occurred this morning before the U.S. Court of Appeals for the Third Circuit.

When the audio of today's Third Circuit rehearing en banc becomes available online, I will link to it.
Posted at 11:27 AM by Howard Bashman



"New Life For New Jersey Sports Betting Case: Rehearing Granted By Court." Dustin Gouker has this post at Legal Sports Report.

And The Associated Press reports that "Appeals court to reconsider New Jersey sports betting case."

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

From the order, it appears that only nine of the Third Circuit's active judges are not recused from the matter. In addition, the two senior Third Circuit judges who composed the three-judge panel's majority have elected to participate in the rehearing en banc now that further review has been granted.

Readers may recall that this case pits Paul D. Clement against Theodore B. Olson.
Posted at 10:44 AM by Howard Bashman



"In Courts, Running Out the Clock on Obama Immigration Plan": Michael D. Shear and Julia Preston have this front page article in today's edition of The New York Times.
Posted at 10:40 AM by Howard Bashman


"Angry GOP Senate freezes out Obama nominees; Jamming up nominations is one of the last weapons the Senate GOP can use to hit back at the administration": Seung Min Kim and Burgess Everett of Politico.com have this report today.
Posted at 10:38 AM by Howard Bashman


"Justice Eakin apologies for insensitive emails, criticizes release": The Associated Press has this report.

And in today's edition of The Philadelphia Inquirer, law professor Bruce Ledewitz has an op-ed titled "Arrogant Pa. court made email scandal worse."
Posted at 09:06 AM by Howard Bashman



Monday, October 12, 2015

Programming note: Additional posts will appear here on Tuesday night. During the day Tuesday, I will be driving back from Atlanta, Georgia to my home in the Philadelphia suburbs.

While I'm on the road tomorrow, a stop for lunch is planned in Greensboro, North Carolina and for dinner in Baltimore, Maryland.

At 9:30 a.m. eastern time on Tuesday, the U.S. Supreme Court will issue an Order List. You can access the Order List via this link shortly after it issues. And coverage will be appear sometime thereafter at "SCOTUSblog."

Finally, as is frequently the case, additional appellate-related posts may appear at this blog's Twitter feed while I am away from the computer.
Posted at 10:18 PM by Howard Bashman



"U.S. Supreme Court to hear Florida case that could change death-penalty practice": Elyssa Cherney of The Orlando Sentinel has this report.

And Christopher Curry of The Gainesville Sun reports that "Florida death penalty may face court and legislative changes."
Posted at 10:04 PM by Howard Bashman



"Pennsylvania Supreme Court to look at Justice J. Michael Eakin's emails -- again": Steve Esack of The Morning Call of Allentown, Pennsylvania has this report.

And Brad Bumsted of The Pittsburgh Tribune-Review reports that "Pa. Supreme Court 'disturbed by content' of emails attributed to justice."
Posted at 09:57 PM by Howard Bashman



"Behind one Supreme Court case, the tale of forgiveness for sister's killer; The Supreme Court will hear a case regarding the 2,500 inmates in the US serving life-without-parole sentences for crimes committed as juveniles; Jeanne Bishop lost her sister to one of them": Warren Richey of The Christian Science Monitor has this report.
Posted at 09:52 PM by Howard Bashman


"Don't Trump the Supreme Court: A President Donald's picks for the high court would be anything but conservative." Carrie Severino has this essay online at USA Today.
Posted at 09:50 PM by Howard Bashman


"Supreme Court to host high-stakes duel over energy rule": Robin Bravender of Greenwire has this report.
Posted at 09:45 PM by Howard Bashman


"PA Supreme Court 'disturbed' by new information on Justice Eakin emails, promises new review": Charles Thompson of The Patriot-News of Harrisburg, Pennsylvania has this news update.

And The Associated Press has a report headlined "High court: justices 'disturbed' by reports of Eakin emails."

Meanwhile, in somewhat related coverage, The Pittsburgh Tribune-Review reports that "Forum to give platform to Pennsylvania Supreme Court hopefuls."
Posted at 03:05 PM by Howard Bashman



"Judges will consider whether to allow immigrants to pay in-state tuition; Students with DACA status can attend college but pay more than Georgia residents": The Times of Gainesville, Georgia contains this front page article today.
Posted at 03:00 PM by Howard Bashman


"Louisiana case at center of U.S. Supreme Court hearing on appropriate sentencing for juvenile killers": This front page article appears in today's edition of The Advocate of Baton Rouge, Louisiana.

Mark Sherman of The Associated Press reports that "Justices to decide on sentences for young prison 'lifers.'"

And today's edition of The Philadelphia Daily News contains an article headlined "Juvenile lifers to get chance for resentencing?"
Posted at 02:58 PM by Howard Bashman



"Diverse opinions are the cornerstone of a judiciary": Columnist Konrad Yakabuski has this essay online at The Toronto Globe and Mail.
Posted at 02:53 PM by Howard Bashman


"Argument preview: Evening out supply and demand." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 02:47 PM by Howard Bashman


"A Constitutional Right to Hovercraft? The U.S. Supreme Court considers an odd case from Alaska, with the fraught question of federal management of Western lands hovering in the background." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 02:45 PM by Howard Bashman


"Rebecca Bradley sworn in as Wisconisn Supreme Court's newest justice": Patrick Marley of The Milwaukee Journal Sentinel has this news update.
Posted at 02:36 PM by Howard Bashman


"A.C.L.U.'s Own Arguments May Work Against It in Voting Rights Case": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 09:50 AM by Howard Bashman


Sunday, October 11, 2015

"Emails from Gov. Fallin's office show state agencies' struggle to respond to scrutiny over execution": Samantha Vicent and Barbara Hoberock have this front page article in today's edition of The Tulsa World.

And Cristian Farias of The Huffington Post has an article headlined "The Supreme Court Let A Man Die; He Was Executed With The Wrong Drug; The court placed far too much faith in Oklahoma's disastrous lethal injection protocol in January and in June."
Posted at 08:20 PM by Howard Bashman



"Ten Commandments decision likely to remain a monumental issue; Political groups and leaders seek donations and changes in the state constitution": This front page article appears in today's edition of The Tulsa World.
Posted at 08:14 PM by Howard Bashman


"Gerald Boyle takes on another high-profile case -- his own": Bruce Vielmetti of The Milwaukee Journal Sentinel has this report.
Posted at 08:12 PM by Howard Bashman


"Supreme Court considers reprieve for kids who kill": Richard Wolf of USA Today has this report.

And online at The Center for Public Integrity, Katy Reckdahl has an article headlined "Split-second flash of a gun still resonates 52 years later; Henry Montgomery is at center of this week's Supreme Court case on life sentences for juveniles."
Posted at 08:00 PM by Howard Bashman



"Assault Weapons Ban Before U.S. Supreme Court": Pete Williams of NBC News has this report.
Posted at 07:54 PM by Howard Bashman


"Donald Trump says his older sister isn't interested in becoming a Supreme Court judge": The Washington Post has this report.
Posted at 07:38 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: The Frank Easterbrook Edition." Aaron Nielson had this post yesterday at the blog of the Yale Journal on Regulation.
Posted at 11:45 AM by Howard Bashman


"High court to hear whether juvenile killers should get another chance at freedom": Riley Yates of The Morning Call of Allentown, Pennsylvania has an article that begins, "The U.S. Supreme Court will hear arguments Tuesday in a case that could decide whether hundreds of Pennsylvania prisoners serving life in prison for murders they committed as youths deserve the chance to one day be released."
Posted at 11:42 AM by Howard Bashman


"Attorney General Kathleen Kane's office says it has never withheld Supreme Court emails": In today's edition of The Patriot-News of Harrisburg, Pennsylvania, Charles Thompson has an article that begins, "Attorney General Kathleen Kane's office said Saturday that it has never withheld any emails to or from Pennsylvania Supreme Court justices from internal court or state Judicial Conduct Board reviews."
Posted at 09:34 AM by Howard Bashman


"Was Schuette's $2-million lesson a bargain?" Columnist Brian Dickerson of The Detroit Free Press has an essay that begins, "Bill Schuette went to the U.S. Supreme Court, and all Michigan taxpayers got was a bill for $2 million."
Posted at 09:32 AM by Howard Bashman


"With court order, federal judge seeks to fuel debate about data encryption": Ellen Nakashima of The Washington Post has this report.
Posted at 09:30 AM by Howard Bashman


"The Machinery of Death: The Supreme Court is taking up capital punishment in a big way this term, against a backdrop of continuing foul-ups with lethal injections by states." You can access at this link the audio of the newest installment of Slate's "Amicus" podcast featuring Dahlia Lithwick.
Posted at 09:26 AM by Howard Bashman


"OTM digs into the Supreme Court, an institution as secretive as it is powerful -- and how we understand it through the media." That's the subject of this week's hour-long broadcast of WNYC Radio's "On the Media." You can access the audio via this link.
Posted at 09:14 AM by Howard Bashman


"The White-Supremacist Lineage of a Yale College: The elite university still honors the South Carolina senator best known for praising the morality of slavery." Lincoln Caplan has this essay online at The Atlantic.
Posted at 09:10 AM by Howard Bashman


"Why Roberts could be a Supreme Court wildcard": Brianne J. Gorod has this essay online at msnbc.
Posted at 09:06 AM by Howard Bashman


Cartoon Network prevails in Android app-related video-privacy appeal: A three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued this ruling on Friday.

In earlier coverage of the lawsuit and appeal, the "Online Media Daily" blog previously had posts titled "Cartoon Network Urges 11th Circuit To Reject Appeal In Video Privacy Case" and "Cartoon Network Prevails In Video-Privacy Lawsuit."
Posted at 09:03 AM by Howard Bashman



"Efraim Diveroli's story is so outlandish that it has inspired an article in Rolling Stone, a book, and a forthcoming comedy film." So begins an opinion that Circuit Judge William H. Pryor, Jr. issued on Friday on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit.
Posted at 08:55 AM by Howard Bashman


Saturday, October 10, 2015

"U.S. Appeals Court Blocks EPA Water Rule Nationwide; Rule seeks to expand federal protection of water and wetlands": Brent Kendall and Amy Harder of The Wall Street Journal have this report.

Ben Wolfgang and Stephen Dinan of The Washington Times have an article headlined "Another setback for Obama: Court halts EPA's controversial water rule."

The Cleveland Plain Dealer reports that "Court stays controversial EPA water regulation."

Reuters reports that "U.S. court places hold on clean water rule nationwide."

The Associated Press reports that "Appeals court puts hold on regulation protecting waterways."

And The Texas Tribune reports that "To Paxton's Cheers, Court Blocks EPA Clean Water Rule."

You can access yesterday's order of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 11:28 AM by Howard Bashman



"Mass. General Hospital wins gender discrimination lawsuit": This article appeared in The Boston Globe in May 2014.

Yesterday, in a 66-page(!) unanimous opinion whose length cannot entirely be attributed to the use of inscrutable language, Senior Circuit Judge Bruce M. Selya on behalf of a three-judge panel of the U.S. Court of Appeals for the First Circuit concluded that the judgment should be affirmed.
Posted at 11:11 AM by Howard Bashman



"Ninth Circuit Strikes a Blow Against Civil Forfeiture Abuse": Evan Bernick has this blog entry online at The Huffington Post.
Posted at 10:57 AM by Howard Bashman


"Scott Walker names Rebecca Bradley to Supreme Court": Patrick Marley And Jason Stein of The Milwaukee Journal Sentinel have an article that begins, "Republican Gov. Scott Walker on Friday appointed state Appeals Judge Rebecca Bradley to the Wisconsin Supreme Court, strengthening conservative control of the high court and giving Bradley a boost in her bid for a full term in the spring."
Posted at 07:50 AM by Howard Bashman


"Gun laws across U.S. in balance as Supreme Court considers Chicago case": David G. Savage of The Los Angeles Times has this report.
Posted at 07:49 AM by Howard Bashman


"Judicial panel indicates Kane withheld Eakin emails": Craig R. McCoy and Angela Couloumbis have this article in today's edition of The Philadelphia Inquirer.

Wallace McKelvey of The Harrisburg Patriot-News has an article headlined "Supreme Court justice shared offensive emails with law enforcement officials: Report."

Terrie Morgan-Besecker of The Scranton Times-Tribune has an article headlined "Judicial Conduct Board confirms new investigation of Supreme Court justice."

And The Associated Press reports that "PA conduct board opens email probe of Supreme Court Justice Michael Eakin amid new disclosures."
Posted at 07:42 AM by Howard Bashman



"Argument preview: Defining the jury's role on death penalty." Lyle Denniston has this post today at "SCOTUSblog."

And yesterday, Denniston had a post titled "Argument preview: A new look -- maybe -- at life sentences for youths."
Posted at 07:33 AM by Howard Bashman



"The Justices Are Irked With One Another Over the Death Penalty: Two cases from Kansas bring out their irritation." Mark Joseph Stern recently had this Supreme Court dispatch online at Slate.
Posted at 07:30 AM by Howard Bashman


Thursday, October 8, 2015

Programming note: Additional posts will appear here on Friday night. During the day Friday, I will be driving from the Philadelphia suburbs to Atlanta, Georgia, where this weekend I will be visiting my son (who will be on fall break from college until next Tuesday), other family, and friends.

As is often the case, while I am away from the computer additional appellate-related posts may appear at this blog's Twitter feed.

While I'm on the road tomorrow, a stop for lunch is planned in Lexington, Virginia and for an early dinner in Lexington, North Carolina.

Update: I have arrived in Atlanta. Due to the lateness of the hour, however, additional posts will appear here on Saturday morning.
Posted at 10:16 PM by Howard Bashman



"Downward dog duplication? Relax, yoga poses can't be copyrighted, court rules." Maura Dolan of The Los Angeles Times has this news update.

Dan Levine of Reuters reports that "U.S. court says yoga sequence cannot be copyrighted."

The Associated Press has a report headlined "Court: Yoga sequence not entitled to copyright protection."

And David Kravets of Ars Technica reports that "Guru denied copyright protection for Bikram yoga sequence of postures; Brushing teeth, pushing lawnmowers, shaking Polaroids also not copyrightable."

My earlier coverage of today's Ninth Circuit ruling appears at this link.
Posted at 09:44 PM by Howard Bashman



"Legal experts decry offensive Eakin emails": Craig R. McCoy and Angela Couloumbis of The Philadelphia Inquirer have a news update that begins, "Experts on legal ethics condemned state Supreme Court Justice J. Michael Eakin on Thursday following disclosures that he had sent or received emails that mocked Muslim children as suicide bombers, called Mexicans 'beaners,' and joked about domestic-assault victims."
Posted at 09:35 PM by Howard Bashman


"Constitution Check: If a particular gun is widely popular, does that put it under the Second Amendment?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.

And online yesterday at Bloomberg View, law professor Cass R. Sunstein had an essay titled "How the Gun Lobby Rewrote the Second Amendment."
Posted at 02:36 PM by Howard Bashman



"Minnesota Supreme Court upholds constitutionality of Minnesota's payday lending law; Out-of-state lenders must obey strict Minnesota law": The Minneapolis Star Tribune has this report.

Justice David R. Stras wrote yesterday's unanimous ruling of the Supreme Court of Minnesota.
Posted at 01:37 PM by Howard Bashman



"MBTA's acceptance, rejection of ads may land before Supreme Court; Free-speech dispute on court's radar": Kimberly Atkins of The Boston Herald has this report.
Posted at 01:32 PM by Howard Bashman


"Erie diocese awaits word from U.S. Supreme Court": Ed Palattella of The Erie Times-News has this report.
Posted at 01:26 PM by Howard Bashman


Ninth Circuit holds that a sequence of yoga poses and breathing exercises is not entitled to copyright protection: The U.S. Court of Appeals for the Ninth Circuit issued this decision today.
Posted at 01:22 PM by Howard Bashman


"Report: Oklahoma used wrong drug in January execution." The Associated Press has this report.
Posted at 01:18 PM by Howard Bashman


"Appeals court rules for heirs of Santa Claus song composer": The Associated Press has this report.

And at the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Appeals Court Rules EMI's 'Santa Claus Is Coming to Town' Rights Terminate Next Year; Songwriter's heirs win hard-fought case over holiday classic."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:12 PM by Howard Bashman



"A Supreme Court justice's indecent inbox": This cover story appears in today's edition of The Philadelphia Daily News.

And columnist Helen Ubinas has an essay titled "Indecent judicial inboxes are about more than just dirty minds."
Posted at 01:04 PM by Howard Bashman



"Enough is a enough on capital punishment": Mark White and Mark Earley had this op-ed in yesterday's edition of The Tulsa World.
Posted at 11:09 AM by Howard Bashman


"Were These Transgender Prisoners Paroled -- Or Just Kicked Out? Three prisons were ordered to provide transgender health care; Three prisoners were suddenly set free." Beth Schwartzapfel has this report online at The Marshall Project.
Posted at 11:08 AM by Howard Bashman


"Coming Your Way Soon: The Little Book Of Big Appellate Tips!" Dan Klau recently had this post at his "Appealingly Brief!" blog.
Posted at 11:04 AM by Howard Bashman


"Kane's release of complaint against Supreme Court justice mirrors leaks in her case": Terrie Morgan-Besecker has this front page article in today's edition of The Scranton Times-Tribune.
Posted at 08:25 AM by Howard Bashman


"Governor Wants To Pack Georgia Supreme Court And Give Republicans A Majority": Ian Millhiser has this post at ThinkProgress.
Posted at 08:22 AM by Howard Bashman


"Donald Trump goes to Supreme Court over Menie wind farm; Donald Trump's challenge to a planned offshore wind farm is being heard at the UK's Supreme Court": BBC News has this report.
Posted at 08:20 AM by Howard Bashman


"Supreme Court Probes Protections in Death-Penalty Cases; Passions run high in arguments devoted to capital punishment": Jess Bravin has this article in today's edition of The Wall Street Journal.
Posted at 08:12 AM by Howard Bashman


"Bob Dylan and the supremes -- Ginsburg and Scalia, that is": Reuters has this report on an interview with Justice Ruth Bader Ginsburg that appears today in the Swiss newspaper Neue Zuercher Zeitung.
Posted at 08:06 AM by Howard Bashman


"Death Penalty States Face Hurdles in Carrying Out Executions": Manny Fernandez will have this article in Friday's edition of The New York Times.
Posted at 08:00 AM by Howard Bashman


"The Supreme Court's Loss of Prestige: For the first time in a long time, more people disapprove than approve of its performance." Law professor Eric Posner has this essay online at Slate.
Posted at 07:56 AM by Howard Bashman


Wednesday, October 7, 2015

"For Justices, Death Penalty Cases Are Personal": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 11:27 PM by Howard Bashman


"Justices appear skeptical at reversal of Wichita murderers' death sentences": Robert Barnes of The Washington Post has this report.

Ariane de Vogue of CNN.com reports that "Supreme Court hears new death penalty arguments."

Cristian Farias of The Huffington Post reports that "Supreme Court Obsesses Over Death Again In 'Wichita Massacre' Cases; For two hours, the justices grappled with the process of death sentencing."

And on today's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Justices Deeply Divided Over Death Penalty In New Term."
Posted at 11:24 PM by Howard Bashman



"Cuozzo Takes IPR Challenge to the Supreme Court": Dennis Crouch has this post today at the "Patently-O" blog.

You can view the petition for writ of certiorari filed yesterday in the U.S. Supreme Court at this link.
Posted at 10:48 PM by Howard Bashman



"The rule of necessity thus permits a district judge to hear a case in which he is named as a defendant where a litigant sues all the judges of the district." Circuit Judge Carlos T. Bea issued this interesting opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

The opinion discusses both the history and the modern day use of the rule of necessity as applied to judicial recusals.
Posted at 10:36 PM by Howard Bashman



"Craig's Attorney Cites Roll Call Report in Appeals Court Case": Todd Ruger of Roll Call has this report.
Posted at 07:48 PM by Howard Bashman


"Justices Hear Cases on Death Penalty, Without the Bitterness of June": Adam Liptak of The New York Times has this news update.

Richard Wolf of USA Today reports that "Supreme Court defends contested death penalty verdicts in Kansas."

And Michael Doyle of McClatchy reports that "Supreme Court wrestles with legal aftermath of 'Wichita Massacre.'"
Posted at 05:02 PM by Howard Bashman



"High court weighs 3 death sentences in Kansas cases": Sam Hananel of The Associated Press has this report.

Lawrence Hurley of Reuters reports that "Supreme Court tackles 'Wichita Massacre' death penalty case."

And Lyle Denniston has a blog post titled "Pondering an issue that's not at stake -- or is it?"
Posted at 02:57 PM by Howard Bashman



"Appeals court throws out Texas flag-desecration law": Chuck Lindell of The American-Statesman has this news update.

Today's 6-to-3 ruling of the Texas Court of Criminal Appeals -- that state's highest court in criminal cases -- consists of a majority opinion, a concurring opinion, and two dissenting opinions (here and here).
Posted at 02:00 PM by Howard Bashman



"U.S. Supreme Court skeptical of Kansas Supreme Court's decision in Carr, Gleason cases; AG Schmidt argued juries understood their role in death sentences": Justin Wingerter of The Topeka Capital-Journal has this news update.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Kansas v. Gleason, No. 14-452.

And you can access at this link the transcript of today's oral argument in Kansas v. Carr, No. 14-449.
Posted at 01:50 PM by Howard Bashman



"Judicial Internet Research: Does the First SCOTUS Decision of OT 2015 Bode Ill for Dr. Posner?" Eric G. Pearson had this interesting post yesterday at the "Wisconsin Appellate Law" blog.
Posted at 11:00 AM by Howard Bashman


"Supreme Court tells lawyers: Stand in line yourselves; You can't pay others to hold a spot." Robert Barnes has this front page article in today's edition of The Washington Post.
Posted at 10:58 AM by Howard Bashman


"How the Supremes Rule on Global Law: Justice Stephen Breyer's new book thoughtfully discusses how the Court should reconcile foreign and domestic legal issues; But it may be too little too late." Law professor David Fontana has this essay online today at The Daily Beast.
Posted at 08:34 AM by Howard Bashman


"Alabama probate judge: Let federal government issue same-sex marriage licenses." Kent Faulk of The Birmingham News has this report.
Posted at 08:32 AM by Howard Bashman


Tuesday, October 6, 2015

"Alaska Supreme Court Justice Fabe to retire next year": Alaska Dispatch News has an article that begins, "Alaska Supreme Court Justice Dana Fabe announced Tuesday that she would retire in June, after more than 20 years with the state's highest court."
Posted at 11:06 PM by Howard Bashman


"Texas Cases Factor in New Supreme Court Term": The Texas Tribune has this report.
Posted at 11:03 PM by Howard Bashman


"Cleveland asks U.S. Supreme Court to overturn 'jock tax' ruling": The Cleveland Plain Dealer has this news update.
Posted at 11:00 PM by Howard Bashman


"Brevard judge in viral fight video suspended by Florida Supreme Court": News Service of Florida has this report.

You can access today's order of the Supreme Court of Florida at this link.
Posted at 10:52 PM by Howard Bashman



"Data Transfer Pact Between U.S. and Europe Is Ruled Invalid": Wednesday's edition of The New York Times will contain an article that begins, "Europe's highest court on Tuesday struck down an international agreement that allowed companies to move digital information like people's web search histories and social media updates between the European Union and the United States."

Bloomberg News reports that "EU Privacy Ruling May Disrupt U.S. Tech Firms, Spy Programs."

Reuters has reports headlined "Europe-U.S. data transfer deal used by many firms ruled invalid" and "Schrems: the law student who brought down a transatlantic data pact."

And The Associated Press reports that "Top EU court rules data sharing pact with US invalid."

You can access today's ruling of the European Court of Justice at this link. And the court also issued this related news release.
Posted at 10:22 PM by Howard Bashman



"U.S. Supreme Court lets Jim Thorpe's body stay in Pennsylvania, but controversy continues": Michael Overall has this front page article in today's edition of The Tulsa World.
Posted at 10:09 PM by Howard Bashman


"Ten Commandments monument removed from Capitol grounds Monday night": Barbara Hoberock has this front page article in today's edition of The Tulsa World.

The Oklahoman reports that "Workers remove Ten Commandments from Oklahoma Capitol grounds."

And The Associated Press reports that "Company that built Ten Commandments monument still unpaid."
Posted at 10:05 PM by Howard Bashman



"Supreme Court Sees DirecTV Class Action as Too Big and Too Small": Adam Liptak will have this article in Wednesday's edition of The New York Times.

And David G. Savage of The Los Angeles Times reports that "Justices disagree in case involving DirecTV class-action lawsuit."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Directv, Inc. v. Imburgia, No. 14-462.
Posted at 08:54 PM by Howard Bashman



"Supreme Court To Lawyers: Hold Your Own Place In Line." Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered."

And today at WSJ.com's "Law Blog," Jess Bravin has a post titled "High Court Bars Lawyers From Using 'Line Standing' Services."
Posted at 08:30 PM by Howard Bashman



"A discussion about the Supreme Court's new term with Jeffrey Toobin of CNN and The New Yorker and Adam Liptak of The New York Times": You can view the video of this recent segment from The Charlie Rose Show at this link.
Posted at 08:20 PM by Howard Bashman


"Chief justice won't delay wage rules for home care workers": The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "New home-care worker pay rules cleared."
Posted at 05:22 PM by Howard Bashman



"U.S. justices weigh Baltimore cop's kickback conspiracy appeal": Lawrence Hurley of Reuters has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Ocasio v. United States, No. 14-361.
Posted at 05:18 PM by Howard Bashman



"Constitution Check: Did the Pope intervene in America's marriage controversy?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:42 PM by Howard Bashman


"Lawyer Accused in Scandal Over MasterCard Deal Speaks Out; Keila Ravelo suggests she has some bombs to drop on big law firms if she is prosecuted": Paul Barrett of Bloomberg News has this report.
Posted at 01:38 PM by Howard Bashman


"NLRB v. Noel Canning Tests the Limits of Judicial Memory: Leon Higginbotham, Spottswood Robinson, and David Rabinovitz 'Rendered Illegitimate.'" Victor Williams has this article online at the Houston Law Review's Off the Record.
Posted at 01:22 PM by Howard Bashman


"A Supreme Court Case for Fans of 'The Wire'": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 01:12 PM by Howard Bashman


"Authority for Maryland v. Kulbicki": Colin Starger has this post today at the "In Progress" blog.

At the "Forensics Forum" blog, Brandon Garrett has three posts about yesterday's U.S. Supreme Court per curiam ruling -- here, here, and here.

At the "Maryland Appellate Blog," Steve Klepper has a post titled "Supreme Court Summarily Reverses Maryland Court of Appeals in Kulbicki."

And in news coverage, today's edition of The Baltimore Sun contains a front page article headlined "Supreme Court reinstates 1995 murder conviction of Baltimore cop."
Posted at 10:38 AM by Howard Bashman



"Judge Easterbrook Identifies Vehicle for Supreme Court to Reconsider Auer Deference": Chris Walker has this post at the blog of the Yale Journal on Regulation about a statement concurring in the denial of rehearing en banc that Seventh Circuit Judge Frank H. Easterbrook issued yesterday.
Posted at 10:26 AM by Howard Bashman


"Supreme Court Justices Get More Liberal As They Get Older": Oliver Roeder had this post yesterday at FiveThirtyEight.
Posted at 10:23 AM by Howard Bashman


"Ninth Circuit Judge Edward Leavy to Receive Prestigious Devitt Award": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release yesterday.
Posted at 10:18 AM by Howard Bashman


"In Menendez case, Citizens United also on trial": Jonathan Tamari has this front page article in today's edition of The Philadelphia Inquirer.
Posted at 08:35 AM by Howard Bashman


"The Chief, Ten Years In: A tribute to Chief Justice John G. Roberts Jr. '79 by Martha Minow." This cover story appears in the Fall 2015 issue of the Harvard Law Bulletin.

The magazine also contains a three-part series of articles titled "Beyond Obergefell: What's Next?" whose parts you can access here, here, and here.
Posted at 08:22 AM by Howard Bashman



"Rekindled Email Scandal Tests State Supreme Court, Again": Lizzy McLellan and Max Mitchell have this article, in which I am quoted, in today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

You can freely access the full text of the article via Google.
Posted at 08:16 AM by Howard Bashman



"Supreme Court Landmark Case Marbury v. Madison": C-SPAN has posted the video of last night's broadcast at this link.
Posted at 08:05 AM by Howard Bashman


Monday, October 5, 2015

"Supreme Court Kicks Off New Term With Collegiality": Jess Bravin has this post today at WSJ.com's "Law Blog."
Posted at 11:20 PM by Howard Bashman


"Supreme Court Faces Controversial Docket As New Term Opens": This audio segment featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:35 PM by Howard Bashman


"Supreme Court Justices Seem Wary of Suit in Austrian Train Injury": Adam Liptak will have this article in Tuesday's edition of The New York Times.

And Richard Wolf of USA Today reports that "In first case of new term, justices may limit access to courts."
Posted at 10:32 PM by Howard Bashman



"High court denies Huguely appeal": The Daily Progress of Charlottesville, Virginia has this report.

And The Baltimore Sun reports that "Supreme Court rejects hearing Huguely appeal in Yeardley Love death."
Posted at 10:30 PM by Howard Bashman



"Appeals of baseball, insider trading cases among those rejected as Supreme Court opens term": David G. Savage of The Los Angeles Times has this report.

Howard Mintz of The San Jose Mercury News reports that "San Jose loses legal fight against MLB over Oakland A's plan."

And Bob Egelko of The San Francisco Chronicle reports that "U.S. Supreme Court rejects San Jose's bid to lure Oakland A's."
Posted at 10:20 PM by Howard Bashman



Dahlia Lithwick and Mark Joseph Stern preview the October 2015 Term: Online at Slate, they have a jurisprudence essay titled "The Supreme Court's Most Important Cases of the New Term: Just how bad will things be for abortion, affirmative action, unions, and voting rights?"

In addition, Lithwick has a jurisprudence essay titled "How the Supreme Court Justices Spent Their Summer Vacation: As the new term begins, can they ever forgive one another?"
Posted at 09:48 PM by Howard Bashman



"Will Sandra Day O'Connor's Legacy Live On? We're lucky it lasted as long as it did." Linda Hirshman has this jurisprudence essay online at Slate.
Posted at 09:44 PM by Howard Bashman


"Pope Francis' Message Isn't Echoed at Red Mass: A reminder that the only faith that should matter at the Supreme Court is faith in the Constitution." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:42 PM by Howard Bashman


"U.S. Supreme Court: Jim Thorpe's body to remain in town that bears his name." Peter Hall of The Morning Call of Allentown, Pennsylvania has this report.

The New York Times reports that "Supreme Court Declines to Hear Jim Thorpe Appeal."

The Los Angeles Times reports that "Supreme Court rules on Jim Thorpe's remains."

And Reuters reports that "U.S. Supreme Court denies appeal seeking return of Jim Thorpe's remains."
Posted at 09:04 PM by Howard Bashman



"Supreme Court Plans to Highlight Revisions in Its Opinions": Adam Liptak of The New York Times has this report.

And Cristian Farias of The Huffington Post reports that "Supreme Court Stops Lawyers From Paying Line-Standers In Big Cases; The move is among measures to combat questionable court practices; But there's still more to be done."
Posted at 09:00 PM by Howard Bashman



"Plaintiff Friedrichs: I dared defy the unions." The Washington Examiner has this report.
Posted at 08:50 PM by Howard Bashman


"Why liberals fear new Supreme Court term could hurt abortion rights and unions": David G. Savage has this article in today's edition of The Los Angeles Times.
Posted at 08:46 PM by Howard Bashman


I will be attending the Appellate Judges Education Institute Summit in Washington, DC from November 12 through 15, 2015: Given how much I enjoyed attending last year's AJEI Summit in Dallas (see here and here), I am please to say that I will be attending this year's event located even closer in Washington, DC. And I have been reliably advised that the summit will be held in an even more convenient location, at least for me, in Philadelphia, PA in a year or two from now. You can access this year's program via this link.

Although registration for the program will remain open until the end of the month, this Friday marks the deadline for obtaining hotel reservations at the event's location at the AJEI's negotiated discount rate.
Posted at 05:00 PM by Howard Bashman



"The politicization of our Supreme Court": Law professor Richard Garnett has this essay online today at FoxNews.com.
Posted at 04:25 PM by Howard Bashman


"SCOTUS Inadvertently Posted, and Promptly Deleted, Same-Day Oral Argument for OBB Personenverkehr AG v. Sachs": Josh Blackman has this blog post today. Now if only he had saved the audio file so he could share it with the rest of us.
Posted at 04:10 PM by Howard Bashman


"Supreme Court Opens With a Trip to Europe": Law professor Noah Feldman has this essay online today at Bloomberg View.

You can access the transcript of today's U.S. Supreme Court oral argument in OBB Personenverkehr AG v. Sachs, No. 13-1067, at this link.
Posted at 03:11 PM by Howard Bashman



Ninth Circuit dismisses appeal of transgendered former inmate Michelle Norsworthy as moot: You can access today's per curiam ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:45 PM by Howard Bashman


"Legal Writing that Moves Gavels": In a podcast you can access here, J. Craig Williams and Bob Ambrogi interview Ninth Circuit Judge Alex Kozinski and Senior U.S. District Judge Richard G. Kopf of the District of Nebraska.
Posted at 01:30 PM by Howard Bashman


"A dangerous Obamacare lawsuit": Irvin B. Nathan has this op-ed in today's edition of The Washington Post.
Posted at 01:22 PM by Howard Bashman


"U.S. court rejects creditors' bid for Argentine funds held by BNY Mellon": Reuters has this report on two non-precedential summary orders (here and here) that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:20 PM by Howard Bashman


Brent Kendall of The Wall Street Journal is reporting: He has news updates headlined "Supreme Court Denies DOJ Appeal on Insider-Trading Prosecutions; Move ends the government's effort to overturn a court ruling favoring Wall Street defendants"; "Major League Baseball Scores Victory at Supreme Court; Justices decline to review baseball's antitrust exemption"; and "Supreme Court Denies Appeal by Long-Time Madoff Investors; Action clears way for distribution of $900 million in recovered funds."
Posted at 11:40 AM by Howard Bashman


"Richard Glossip and the End of the Death Penalty": Lincoln Caplan recently had this post online at The New Yorker.
Posted at 11:26 AM by Howard Bashman


"For Court's Conservatives, New Term Starts Now": Kenneth Jost has this post at "Jost on Justice."
Posted at 11:24 AM by Howard Bashman


"5th US Circuit hears appeal of ex-New Orleans Mayor Nagin": The Associated Press has this report. When the audio of today's oral argument becomes available online, I will link to it.
Posted at 11:22 AM by Howard Bashman


"The New SCOTUS Term: What's Law Got to Do With It?" Eric Segall has this post today at "Dorf on Law."
Posted at 09:55 AM by Howard Bashman


On today's broadcast of C-SPAN's "Washington Journal": Three segments about the start of the U.S. Supreme Court's October 2015 Term.

The first featured Lawrence Hurley of Reuters on the phone. The second featured Adam Liptak of The New York Times live in the studio. And the third featured Nan Aaron and Carrie Severino providing their views.
Posted at 09:52 AM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases, but the Court did call for the views of the Solicitor General in four cases.

And in Maryland v. Kulbicki, No. 14-848, the Court issued a per curiam summary reversal.

In early news coverage, The Associated Press reports that "Supreme Court declines to review insider trading case"; "Supreme Court rejects San Jose appeal over Athletics' move"; "Supreme Court won't hear Virginia lacrosse-case appeal"; "High court leaves in place Staten Island toll discounts"; "High court won't hear dispute over Chrysler dealerships"; "Justices let stand death sentence for 72-year-old Georgian"; "High court turns away appeal from former Walker aide"; and "High court won't hear Rangel's appeal to overturn censure."

Greg Stohr of Bloomberg News reports that "Insider-Trading Cases Imperiled as U.S. Supreme Court Spurns Appeal" and "Baseball's Antitrust Exemption Survives U.S. Supreme Court Appeal."

Lawrence Hurley and Nate Raymond of Reuters report that "Supreme Court won't hear major insider trading case." Hurley also has reports headlined "Supreme court won't hear challenge to baseball antitrust immunity"; "Supreme Court rejects appeal from Madoff Ponzi scheme victims"; "Supreme Court rejects Paul Allen's interval licensing patent appeal"; "U.S. top court rejects I/P Engine's bid to restore $30 million patent verdict"; and "U.S. top court rejects Charles Schwab appeal in breach-of-contract dispute."

And at "SCOTUSblog," Lyle Denniston has a post titled "Government rebuffed on major insider trading case."
Posted at 09:36 AM by Howard Bashman



"The 4 Types of Supreme Court Justices: How heroes, soldiers, minimalists and mutes explain America's judicial system." Law professor Cass R. Sunstein has this essay online at Politico Magazine.
Posted at 08:26 AM by Howard Bashman


"Supreme Court faces politically charged election-year docket": Robert Barnes has this front page article in today's edition of The Washington Post.

And Greg Stohr of Bloomberg News reports that "Businesses See Chance to Derail Lawsuits as Supreme Court Returns."
Posted at 08:23 AM by Howard Bashman



Sunday, October 4, 2015

"On high court's docket: Race, labor, politics -- and abortion?" Richard Wolf will have this article in Monday's edition of USA Today.

Ariane de Vogue of CNN.com has an article headlined "Is the Supreme Court poised for a shift to the right?"

And Josh Gerstein of Politico.com has an article headlined "5 cases to watch as Supreme Court term begins: Judges may take up cases on abortion and immigration."
Posted at 08:14 PM by Howard Bashman



"The Supreme Court's Next Landmark Cases": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 08:09 PM by Howard Bashman


"Andree Blumstein: Law wasn't first choice for top TN lawyer." Stacey Barchenger of The Tennessean has this profile of the Solicitor General of Tennessee.
Posted at 08:05 PM by Howard Bashman


"Cases To Watch As Supreme Court Resumes Session": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Weekend Edition Sunday."

My round-up of similar coverage posted earlier today can be accessed here.
Posted at 12:33 PM by Howard Bashman



"Menendez's defense relies on odd twist; uses Supreme Court ruling he criticized to dispute bribery charges": In today's edition of The Record of Hackensack, New Jersey, Salvador Rizzo has a front page article that begins, "A U.S. Supreme Court decision once assailed by Sen. Bob Menendez and campaign finance reformers is now at the center of his legal defense as he fights bribery charges."
Posted at 10:18 AM by Howard Bashman


"Disapproval of Supreme Court Edges to New High": Gallup issued this news release on Friday.
Posted at 10:14 AM by Howard Bashman


"In Carr brothers' cases, U.S. Supreme Court will delve deep into the Eighth Amendment; Cases center on jury instructions and joint sentencing": Justin Wingerter has this front page article in today's edition of The Topeka Capital-Journal.
Posted at 10:09 AM by Howard Bashman


"U.S. Supreme Court could consider Oklahoma cases in new term; In the next few weeks, the justices are expected to decide whether to hear Oklahoma's challenge to Colorado's marijuana laws, an Indian gaming dispute and religious liberty cases involving Oklahoma entities challenging the contraception mandate": Chris Casteel has this front page article in today's edition of The Oklahoman.
Posted at 10:08 AM by Howard Bashman


"In reversal, Kane says porn emails were not newly discovered": Craig R. McCoy and Angela Couloumbis had this article in yesterday's edition of The Philadelphia Inquirer.

And in yesterday's edition of The Pittsburgh Tribune-Review, Brad Bumsted had a news analysis headlined "Kane releases emails as distraction when woes mount, analysts say."
Posted at 10:05 AM by Howard Bashman



"SEC's New Court Powers Aren't Going Away": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 10:00 AM by Howard Bashman


"Will the Supreme Court Decide That Democrats Have Too Much Power? This term, the justices will hear at least three cases that could upend the partisan balance of power." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 09:58 AM by Howard Bashman


"Alabama judges use segregation-era law to avoid gay marriage": The Associated Press has this report.
Posted at 09:57 AM by Howard Bashman


"Supreme Court Prepares to Take On Politically Charged Cases": Adam Liptak will have this article in Monday's edition of The New York Times.

Mark Sherman of The Associated Press reports that "Abortion, birth control, race top Supreme Court's agenda."

Lawrence Hurley of Reuters reports that "Supreme Court tackles hot social issues as 2016 election looms."

And in today's edition of The Los Angeles Times, law professors Akhil Amar and Vikram Amar have an op-ed titled "Five Supreme Court cases to watch that could make history."
Posted at 09:54 AM by Howard Bashman



Saturday, October 3, 2015

"Justice Stephen Breyer: Executions are often 'arbitrary.'" msnbc has this report (with video).
Posted at 08:46 PM by Howard Bashman


"Does worm farming count as 'agriculture' under the Fair Labor Standards Act?" Benjamin Gould has this post at his "Appellate Briefs" blog about a ruling that the U.S. Court of Appeals for the Sixth Circuit issued yesterday.
Posted at 01:00 PM by Howard Bashman


"Oral Argument Recap: United States v. Ganias." Thursday at the "Lawfare" blog, Michael Knapp had a post that begins, "The U.S. Court of Appeals for the Second Circuit sat en banc Wednesday afternoon for the first time in almost two years. The occasion? An otherwise-mundane tax fraud prosecution that propelled the Fourth Amendment into the digital era."

And at "The Volokh Conspiracy," Orin Kerr has a post titled "Second Circuit holds en banc argument in computer search case."

Because the U.S. Court of Appeals for the Second Circuit inexplicably makes its oral arguments even more difficult to access online than the U.S. Supreme Court's oral arguments, no audio recording or transcript of the reargument en banc is (or will be) available online. Meanwhile, the Ninth Circuit has already entered the YouTube age when it comes to oral argument, and the Third Circuit may also be on the verge of doing so.
Posted at 11:20 AM by Howard Bashman



"Denied trademark, U.S. rock band The Slants turns to First Amendment": Reuters has this report on a reargument en banc that occurred yesterday at the U.S. Court of Appeals for the Federal Circuit.

You can access the audio of yesterday's reargument en banc via this link (20.3 MB mp3 audio file).

And in related commentary, the ACLU's "Speak Freely" blog yesterday had a post titled "The Government's Trying to Sell a New Slant on the First Amendment. We're Not Buying It."
Posted at 11:08 AM by Howard Bashman



"Constitution Check: Is Puerto Rico just a colony under Congress's control?" Lyle Denniston had this post yesterday at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:02 AM by Howard Bashman


"U.S. Studies Moving Guantanamo Detainees to Colorado Prison": Charlie Savage has this article in today's edition of The New York Times.
Posted at 11:00 AM by Howard Bashman


"Dow wields SCOTUS amicus brief to erase $1.1 billion antitrust judgment": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 10:52 AM by Howard Bashman


Friday, October 2, 2015

"Kane's claim about porn emails 'outrageous,' former chief justice says": Brad Bumsted of The Pittsburgh Tribune-Review has this news update.

Charles Thompson of The Patriot-News of Harrisburg, Pennsylvania has updates headlined "Pa. Supreme Court hires law firm to review justice's personal emails" and "Pa. Supreme Court Justice J. Michael Eakin promises cooperation with renewed review of personal emails."

And The Associated Press reports that "Pennsylvania's top prosecutor says justice violated ethics."
Posted at 05:36 PM by Howard Bashman



"9th Circuit finds DOJ lawyer didn't deliberately attempt to mislead court at oral argument": Mike Scarcella has this tweet about an order that the U.S. Court of Appeals for the Ninth Circuit issued today.

My earlier coverage of this matter can be accessed here.
Posted at 01:52 PM by Howard Bashman



"Obergefell to Kim Davis: Enough 'indignities.'" The Cincinnati Enquirer has this report.
Posted at 01:25 PM by Howard Bashman


"In US, murder masterminds are put to death while killers live; Three recent death penalty cases have exposed concerns about executing those convicted of planning a murder -- especially when the actual killers receive a lighter punishment": Jessica Lussenhop of BBC News has this report.
Posted at 01:23 PM by Howard Bashman


"New York Times Reporter Discovers Judicial Engagement, Fears for Big Government": Evan Bernick has this blog entry today at The Huffington Post.
Posted at 01:20 PM by Howard Bashman


"The Fatal Conceit of Chief Justice Roberts's 'Long Game'": Josh Blackman has this blog post today.
Posted at 10:38 AM by Howard Bashman


"U.S. Supreme Court's business docket targets class actions": Lawrence Hurley of Reuters has this report.
Posted at 10:35 AM by Howard Bashman


"Republican Senate accused of 'slow walking' Obama's judicial nominees": Timothy M. Phelps of The Los Angeles Times has this report.
Posted at 09:38 AM by Howard Bashman


"State officials debated drug debacle as Glossip's final hour nearly came; How close did Oklahoma come to using wrong execution drug?" Cary Aspinwall and Ziva Branstetter of The Frontier have this report today.

The Oklahoman has articles headlined "Oklahoma attorney general asks court to put executions on hold" and "Oklahoma governor says doctor spotted execution drug error; Oklahoma Gov. Mary Fallin said a doctor who oversees lethal injections noticed a drug discrepancy that led to the 37-day stay of execution for inmate Richard Glossip."

And The Tulsa World reports that "Attorney general asks for indefinite stay of upcoming executions; He says the state needs to investigate how it got the wrong drugs for a planned execution."
Posted at 09:12 AM by Howard Bashman



"Kane says Justice Eakin exchanged porn emails on state servers": Craig R. McCoy, Angela Couloumbis, and Laura McCrystal have this front page article in today's edition of The Philadelphia Inquirer.

Charles Thompson of The Patriot-News of Harrisburg, Pennsylvania reports that "Attorney General Kathleen Kane has turned emails over to judicial conduct, ethics boards for review."

In today's edition of The Philadelphia Daily News, William Bender has an article headlined "New emails surface in Kathleen Kane saga" that begins, "Pennsylvania's political Cold War crept even closer yesterday toward a doomsday scenario -- one with the potential to spread nuclear fallout across the criminal-justice landscape, from police departments to the Supreme Court."

And Brad Bumsted of The Pittsburgh Tribune-Review reports that "Kane charged with new perjury count, other crimes; releases porn emails."
Posted at 08:04 AM by Howard Bashman



Thursday, October 1, 2015

Three Fifth Circuit judges dissent from the denial of rehearing en banc in contraceptive mandate case: Circuit Judge Edith H. Jones issued the dissent, which issued yesterday but was posted online today. The order denying rehearing en banc states that 11 judges voted against rehearing and four voted in favor.

And in related news, Law360.com reports today that "DOJ Asks High Court To Resolve ACA Birth Control Split."
Posted at 10:55 PM by Howard Bashman



"Appeals judge hits state on abortion admitting privileges law": Patrick Marley of The Milwaukee Journal Sentinel has this news update.

You can access the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit via this link (22.7 MB mp3 audio file).
Posted at 09:48 PM by Howard Bashman



"In RJR case, Supreme Court to decide if RICO reaches abroad": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 06:14 PM by Howard Bashman


"Supreme Court to hear moose hunter's hovercraft ban challenge": Robin Bravender and Jeremy Jacobs of Greenwire have this report.
Posted at 05:50 PM by Howard Bashman


In the October 2015 issue of California Lawyer magazine: Law professor Erwin Chemerinsky has an article headlined "A Look at the Supreme Court's Big 2015 Term: The nation's high court embarks on another momentous term."

And Pamela A. MacLean has an article headlined "Friedrichs v. CTA: Supreme Court Case Could Topple Protections for Teachers Union Fees; Nonunion teachers are challenging opt-out rules in a controversial case."
Posted at 05:44 PM by Howard Bashman



"California Lawyer magazine folds": JimRomenesko.com had this post yesterday.
Posted at 05:37 PM by Howard Bashman


"Texas, top state for executions, may go a year without a death penalty conviction": Reuters has this report.
Posted at 05:30 PM by Howard Bashman


"Circuit Judge Timothy Tymkovich Becomes Chief Judge": The U.S. Court of Appeals for the Tenth Circuit issued this news release today.
Posted at 05:00 PM by Howard Bashman


"U.S. Supreme Court to hear appeal of Phila. death row inmate": Jeremy Roebuck of The Philadelphia Inquirer has a news update that begins, "The U.S. Supreme Court said Thursday it will take up the appeal of a Philadelphia death row inmate, who has argued that a former state judge who upheld his conviction should have stepped aside because of his role in prosecuting the case."
Posted at 03:08 PM by Howard Bashman


"Supreme Court Adds Terrorism and Money-Laundering Cases to Docket": Adam Liptak of The New York Times has this news update.

David G. Savage of The Los Angeles Times reports that "High court to decide free-speech limits in political-retribution case."

And Richard Wolf of USA Today reports that "Supreme Court to decide if Iran must pay for terrorist bombings."
Posted at 03:06 PM by Howard Bashman



"A Halted Execution and the Future of the Death Penalty: Richard Glossip stands at the center of the Supreme Court's dilemma." Tom Randall of Bloomberg News has this report.
Posted at 01:42 PM by Howard Bashman


"Nominees announced for Utah Supreme Court vacancy": The Deseret News has this report.
Posted at 01:12 PM by Howard Bashman


"A closer look at Frank Fina": Today's edition of The Philadelphia Daily News contains a cover story that begins, "On the list of things you can be certain of in life, death and taxes have company: Porngate. There will be more Porngate."
Posted at 11:00 AM by Howard Bashman


"Oklahoma gets wrong execution drug, delays lethal injection": The Associated Press has this report.
Posted at 10:55 AM by Howard Bashman


"Right On: John Roberts Is Playing the Long Game; Aghast at the decisions of the last Supreme Court term, conservatives caricatured John Roberts as a leftist; He most certainly is not." Paul Barrett of Bloomberg Businessweek has this essay online today.
Posted at 10:38 AM by Howard Bashman


More proof that kids today have a poor work ethic compared to their elders: Metropolitan News-Enterprise reports that "Judges Pregerson Set to Take Senior Status This Winter."
Posted at 10:08 AM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: At this link. The Court granted review in 13 new cases.

In early news coverage, The Associated Press reports that "Supreme Court to review European suit against R.J. Reynolds"; "High court to hear Iranian bank appeal over $1.75B judgment"; "High court to hear appeal of National Park Service authority"; and "Justices to review bias claim against top Pennsylvania judge."

Lawrence Hurley of Reuters reports that "U.S. top court to decide if EU countries can sue R.J. Reynolds over money-laundering"; "Supreme Court to hear Iran central bank appeal of $1.75 billion judgment"; "Supreme Court to examine judge's role in Pennsylvania death penalty case"; and "Hovercraft-riding moose hunter's case gets Supreme Court review."

Greg Stohr of Bloomberg News reports that "Reynolds Gets U.S. Supreme Court Review in Drug-Money Case."

Brent Kendall of The Wall Street Journal reports that "Supreme Court to Review Terrorism-Related Judgments Against Iran; High court will consider the central bank of Iran's appeal on frozen assets."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on Congress's power over courts."

As part of promoting his new book, Justice Stephen G. Breyer has apparently decided that he will vote to grant certiorari this upcoming Term in every case involving interplay between United States and foreign law.
Posted at 09:48 AM by Howard Bashman



"Court May Decide Future of Class-Action Cases; Justices face several corporate suits whose outcome could further bear on key procedural issues": Jess Bravin has this article today in The Wall Street Journal.
Posted at 08:56 AM by Howard Bashman


"Snyder picks UM law professor Larsen for Supreme Court": The Detroit News has this report.

The Detroit Free Press reports that "Snyder appoints Joan Larsen to Supreme Court."

And MLive.com reports that "Gov. Rick Snyder appoints U-M attorney Joan Larsen to Michigan Supreme Court."
Posted at 08:49 AM by Howard Bashman



"A Chief Justice Without a Friend": Linda Greenhouse has this essay online today at The New York Times.
Posted at 08:35 AM by Howard Bashman






Related Blogs