How Appealing

Monday, November 30, 2015

"Appeals court orders Chicago sheriff to stop attacks on Backpage.com escort business; In which Judge Posner quotes Backpage's 'dom & fetish' section": Joe Mullin of Ars Technica has this report.

Additional coverage of today's Seventh Circuit ruling can be accessed by scrolling down this page to view posts from earlier today.
Posted at 10:05 PM by Howard Bashman



"Judge Posner's troubling explanation for his shift on same-sex marriage": Ilya Somin has this post today at "The Volokh Conspiracy."

This post of mine from Saturday evening contains links to the relevant underlying materials.
Posted at 09:58 PM by Howard Bashman



"Next Chance To Gut Campaign Finance Law Heads For Supreme Court: The ban on 'soft money' donations to state parties is on the line." Paul Blumenthal of The Huffington Post has this report.
Posted at 09:06 PM by Howard Bashman


"2015 Ames Moot Court Competition Gallery": At this link, featuring Chief Justice Elena Kagan.
Posted at 08:47 PM by Howard Bashman


"Scope of National Security Inquiry Is Revealed": In Tuesday's edition of The New York Times, Colin Moynihan and Charlie Savage will have an article that begins, "After a decade of court battles, the Internet entrepreneur who filed the first legal challenge to a type of secret administrative order known as a national security letter revealed on Monday the breadth of an F.B.I. demand in 2004 for information about a customer."

And at the ACLU's "Speek Freely" blog, Jameel Jaffer has a post titled "A Decade-Old Gag Order, Lifted."

Previously, Yale Law School issued a news release titled "Gag Order Lifted on Nicholas Merrill Through MFIA Clinic Case Win." You can learn more about the law school's Media Freedom and Information Access Clinic at this link.
Posted at 08:42 PM by Howard Bashman



"In Phila., Kane to announce special prosecutors to investigate porn": Angela Couloumbis of The Philadelphia Inquirer has a news update that begins, "Pennsylvania Attorney General Kathleen Kane will use the backdrop of the National Constitution Center Tuesday to announce her choice of special prosecutors to conduct a broader investigation into pornographic emails exchanged on government computers."

And in somewhat related coverage, The Patriot-News of Harrisburg, Pennsylvania reports that "Northumberland County judge blames AG Kane for loss of senior status."
Posted at 08:35 PM by Howard Bashman



"Will the Supreme Court End Affirmative Action? A Preview of Fisher v. University of Texas at Austin on the Eve of Oral Argument." The Cato Institute will be hosting this event, featuring a number of noteworthy panelists, from 4 to 6 p.m. eastern time on Monday, December 7, 2015.

Cato is planning to live-stream video of the event online. As early as the next morning, Cato plans to make the video of the event available online, on-demand.
Posted at 08:17 PM by Howard Bashman



"Backpage.com wins injunction vs Chicago sheriff over adult ads": Jonathan Stempel of Reuters has this report.

My earlier coverage of today's Seventh Circuit ruling appears here and here.
Posted at 08:09 PM by Howard Bashman



"Judge, his family rise above shooting, cancer; What a year for this Detroit family: Dad was shot, Mom got breast cancer. They should be bitter this week, right? Wrong. The're grateful, and maybe the rest of us could learn from them." Bill Laitner had this post-Thanksgiving article in The Detroit Free Press.
Posted at 04:22 PM by Howard Bashman


"US court rejects Virginia death row inmate's appeal": The Associated Press has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 04:05 PM by Howard Bashman


"FAN 86.2 (First Amendment News) 'Vulgar is not violent' -- Posner enjoins sheriff in online classified advertising case": Ronald K.L. Collins has this post at "Concurring Opinions."

My earlier coverage of today's Seventh Circuit opinion can be accessed here.
Posted at 03:34 PM by Howard Bashman



"High court's election-year lineup rich in high-profile cases": Mark Sherman of The Associated Press has this report.
Posted at 03:27 PM by Howard Bashman


"Clarifying what's at stake in al Bahlul (short answer: judge and jury) . . . and what's not." Marty Lederman has this post today at "Just Security."

The U.S. Court of Appeals for the D.C. Circuit's en banc oral argument in the case is scheduled to occur tomorrow.
Posted at 01:36 PM by Howard Bashman



"Focus Turns to Judge in Latest Appeal of Net Neutrality Rules; David Tatel, who shot down two previous versions of the rule, will help decide the latest challenge": John McKinnon has this article in today's edition of The Wall Street Journal.

You can freely access the full text of the article via Google.
Posted at 01:30 PM by Howard Bashman



Seventh Circuit issues ruling in Backpage.com v. Dart: Circuit Judge Richard A. Posner issued this opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

Given the panel's earlier order issued the very next business day after oral argument (discussed in this earlier post), the outcome of today's ruling should not come as any surprise.
Posted at 01:20 PM by Howard Bashman



"Supreme Court lets stand Texas law limiting online advice from veterinarians about sick pets": David G. Savage of The Los Angeles Times has this news update.

And Reuters reports that "U.S. top court rejects Texas veterinarian's pet-care advice case."
Posted at 01:07 PM by Howard Bashman



"Both parties agree: 'We are one justice away.'" Steve Benen of msnbc.com has this report today.
Posted at 01:05 PM by Howard Bashman


"Color Blind Constitution: A half-century after Brown v. Board, should the Supreme Court still be in the business of integrating public schools and universities?" Slate has posted online today the new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 01:02 PM by Howard Bashman


The home page of the U.S. Supreme Court's website now includes a page title: Oh, the excitement you missed if you didn't visit "How Appealing" over the long Thanksgiving weekend (see here, here, and here).

One reader who features the initials "CISSP, ISSAP, CISM" after his name in his email signature -- which I think has something to do with advanced tech knowledge -- emailed me late on Thanksgiving night to argue that "the Supreme Court may actually be ahead of the game here" in not having implemented (as of that moment) a page title for the Court's home page.

My favorite reaction, however, arrived via Twitter from Timothy Cornell, who observed: "I don't think a home page reflects the original intent of the Framers."
Posted at 11:30 AM by Howard Bashman



"What's Next in the Hawaii Election Case Whose Vote Counting Justice Kennedy Enjoined Friday?" Rick Hasen has this post today at his "Election Law Blog."
Posted at 11:07 AM by Howard Bashman


"FAN 86.1 (First Amendment News) Court Denies Review in Occupational-Speech Case": Ronald K.L. Collins has this post today at "Concurring Opinions."

I am looking forward to saying hello to Collins at this Thursday's "Justice and Journalism" program at the Newseum.
Posted at 09:54 AM by Howard Bashman



"After Words with Roberta Kaplan: Roberta Kaplan talked about her book Then Comes Marriage: United States v. Windsor and the Defeat of DOMA." You can view the video of this recent C-SPAN broadcast, in which Zoe Tillman of The National Law Journal interviews Kaplan, at this link.

I am looking forward to saying hello to Tillman at this Thursday's "Justice and Journalism" program at the Newseum.
Posted at 09:50 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. The Court did, however, call for the views of the Solicitor General in one case.

In Rapelje v. Blackston, No. 15-161, Justice Antonin Scalia issued a dissent, in which Justices Clarence Thomas and Samuel A. Alito, Jr. joined, from the denial of certiorari. The dissent concludes, "The Sixth Circuit seems to have acquired a taste for disregarding AEDPA. We should grant certiorari to discourage this appetite."

In early news coverage, The Associated Press reports that "Justices rebuff Texas veterinarian who gave advice online"; "High court won't review Michigan murder case"; "High court rejects challenge to Hawaii campaign finance laws"; "High court rejects Mexican states' lawsuit over Gulf spill": and "High court rejects fee dispute in Texas redistricting case."

Lawrence Hurley of Reuters reports that "U.S. top court rejects Covidien bid to restore patent verdict against Ethicon."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court seeks U.S. views on cross-border shooting."
Posted at 09:34 AM by Howard Bashman



"When the mother is a soldier: Supreme Court needs to correct a 1950 ruling resulting in military gender discrimination." Tony Mauro has this essay online at USA Today.
Posted at 08:22 AM by Howard Bashman


"Scalia's Zingers Good Copy in Slow News Month": Kenneth Jost had this post yesterday at his blog, "Jost on Justice."
Posted at 08:20 AM by Howard Bashman


"Argument preview: States' legal immunity at stake." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 08:17 AM by Howard Bashman


Sunday, November 29, 2015

"Supreme Court should learn from Prop. 209 mistake": The Fresno Bee has an editorial that begins, "It has been nearly 20 years since California voters banned affirmative action in college admissions. Campus diversity here has never recovered from the chain saw that was Proposition 209."
Posted at 10:30 PM by Howard Bashman


"Should state Supreme Court tell Klan to clean the road or hit the road?" Columnist Joe Hotchkiss of The Augusta (Ga.) Chronicle has this essay.
Posted at 10:28 PM by Howard Bashman


"Dickson reflects on judges, judging, growing up in Hobart": In today's edition of The Times of Munster, Indiana, Dan Carden has a front page article that begins, "Indiana Supreme Court Justice Brent Dickson, a Hobart native, announced Nov. 9 he will retire from the state's high court early next year, a few months before he otherwise would hit the mandatory retirement age of 75."
Posted at 10:24 PM by Howard Bashman


"The Execution of Joseph Wood: An execution of a man in Arizona with a new cocktail of drugs was supposed to take about 10 minutes; It took almost two hours, the longest execution in U.S. history." Bill Whitaker had this segment (transcript) on this evening's broadcast of the CBS News program "60 Minutes."

You can view the video of the segment by clicking here.
Posted at 09:26 PM by Howard Bashman



"Battling the modern American administrative state": In today's edition of The Washington Post, columnist George F. Will has an op-ed that begins, "As the administrative state distorts the United States' constitutional architecture, Clarence Thomas becomes America's indispensable constitutionalist."
Posted at 09:12 PM by Howard Bashman


"Turnover on state Supreme Court isn't expected to overturn rulings": The Post and Courier of Charleston, South Carolina has an article that begins, "The retirement of two South Carolina Supreme Court justices by the end of next year isn't expected to result in immediate or drastic changes in its rulings, primarily because of the importance of legal precedent."
Posted at 09:03 PM by Howard Bashman


"Abortion clinic owner mulls Supreme Court case impact": The Clarion-Ledger of Jackson, Mississippi has a news update that begins, "The fate of Mississippi's lone abortion provider hangs in the balance of the first Supreme Court case in decades to address restrictions on abortion clinics."
Posted at 09:00 PM by Howard Bashman


"Judge to hear Boston Marathon bomber's request for new trial": The Associated Press has this report.
Posted at 08:57 PM by Howard Bashman


"Stephen Breyer, Justice for the Global Age": Albert R. Hunt has this essay online today at Bloomberg View.
Posted at 08:54 PM by Howard Bashman


"Posner: The 14th Amendment is 'Old, Cryptic, or Vague.' But What About Article III?" Josh Blackman has this blog post today.
Posted at 08:12 PM by Howard Bashman


Saturday, November 28, 2015

Access online the contents of the November 2015 issue of The Yale Law Journal: Via this link.

The issue includes a book review written by Seventh Circuit Judge Richard A. Posner titled "Eighteen Years On: A Re-Review" (also available in HTML format), in which Judge Posner re-reviews law professor William N. Eskridge, Jr.'s 1996 book titled "The Case for Same-Sex Marriage: From Sexual Liberty to Civilized Commitment." Judge Posner's original review of the book, from 1997, can be accessed here.
Posted at 10:08 PM by Howard Bashman



"These 3 judges hold the fate of the Internet in their hands": Brian Fung had this post Tuesday at "The Switch" blog of The Washington Post.
Posted at 08:53 PM by Howard Bashman


"Supreme Court of Canada rules human smuggling laws unconstitutional": In today's edition of The Toronto Globe and Mail, Sean Fine has this article reporting on two rulings (access here and here) that the Supreme Court of Canada issued yesterday.

And in other coverage, Reuters has a report headlined "Canada's top court: some human smugglers can't be denied refugee status."
Posted at 03:48 PM by Howard Bashman



"Anti-apartheid hero urges Canada to rethink solitary confinement in prisons": Sean Fine has this article in today's edition of The Toronto Globe and Mail.
Posted at 03:28 PM by Howard Bashman


"In Scalia lecture, Kagan discusses statutory interpretation": Harvard Law Today has this report.

You can view the lecture, which was in fact a dialogue, on YouTube via this link.
Posted at 03:20 PM by Howard Bashman



"Supreme Court removes judge in Kane feud": In today's edition of The Philadelphia Inquirer, Chris Palmer has a front page article that begins, "The Pennsylvania Supreme Court has removed a senior judge who once presided over many of the state's biggest grand jury investigations, accusing him of judicial misconduct and abandoning his sense of objectivity during a feud with Attorney General Kathleen G. Kane."
Posted at 02:57 PM by Howard Bashman


"That was fast! When Howard Bashman (of our sister site How Appealing) talks, the U.S. Supreme Court listens." So wrote David Lat in his round-up of legal news and blog coverage yesterday evening at "Above the Law."
Posted at 02:53 PM by Howard Bashman


"Lawyers' Class-Action Payouts Face Court Challenge; Case in California would base attorneys' compensation on hours, not a percentage": Sara Randazzo has this article in today's edition of The Wall Street Journal about a case pending in the Supreme Court of California.

You can freely access the full text of the article via Google.
Posted at 02:40 PM by Howard Bashman



"Republicans are running against the Supreme Court. Will Democrats?" Irin Carmon of msnbc.com has this report.
Posted at 02:28 PM by Howard Bashman


"Supreme Court Justice Intervenes in Native Hawaiian Election": Adam Liptak has this article in today's edition of The New York Times.

The Associated Press reports that "Supreme Court justice blocks Native Hawaiian vote count."

And at "SCOTUSblog," Lyle Denniston has a post titled "Kennedy temporarily blocks Hawaii vote count."
Posted at 02:25 PM by Howard Bashman



Friday, November 27, 2015

"NSA to shut down bulk phone surveillance program by Sunday": Reuters has this report.
Posted at 08:07 PM by Howard Bashman


"Gay marriage is legal but not on tribal lands": The Associated Press has this report.
Posted at 08:05 PM by Howard Bashman


U.S. Supreme Court web site's home page now has a page title: The Court is hard at work today. Justices -- or at least one Justice -- are issuing orders (see, e.g., this one). At his "Election Law Blog," Rick Hasen discusses the order in a post titled "Breaking: Justice Kennedy Enjoins Counting of Ballots in Hawaii Election."

But, perhaps even more extraordinarily, the home page of the Court's web site now has a page title -- namely, "Home - Supreme Court of the United States." Yesterday evening at 10:45 p.m. eastern time, I published a post titled "Does it really require a 'How Appealing' post to convince the U.S. Supreme Court to implement a page title for its home page?"

I heartily praise the Court for fixing this oversight on its newly redesigned web site, and on the Friday after Thanksgiving no less!
Posted at 02:08 PM by Howard Bashman



"Black Tape at Harvard Law": Law professor Randall Kennedy has this op-ed in today's edition of The New York Times.
Posted at 02:01 PM by Howard Bashman


"How to Prosecute Abusive Prosecutors": Brandon Buskey has this op-ed in today's edition of The New York Times.
Posted at 02:00 PM by Howard Bashman


"Supreme Court judge could rule a 'cuckoo in the nest' topples ancient lineage; The decision would have 'startling consequences' for the British aristocracy": Lucy Clarke-Billings of The Telegraph (UK) has this report.

You can learn more about the case, which is now pending before the United Kingdom's Judicial Committee of the Privy Council, at this link.
Posted at 09:50 AM by Howard Bashman



"Texas immigrants rest case with Supreme Court": Richard Wolf of USA Today has this report.
Posted at 09:40 AM by Howard Bashman


Thursday, November 26, 2015

"The Supremes take up abortion rights, again; Supreme Court must not validate sham law designed to deprive women of safe, legal abortion": Nancy Northup has this op-ed online at USA Today.
Posted at 11:00 PM by Howard Bashman


Does it really require a "How Appealing" post to convince the U.S. Supreme Court to implement a page title for its home page? Some time ago, the U.S. Supreme Court redesigned its web site. Since then, however, the Court's home page has lacked a page title (the text that appears in your web browser tab at the very top of the page).

Instead, at present, the Court's home page title simply reiterates the web site's online address, beginning with the beloved "http" text (at least when using Firefox; other browsers may replicate the address differently in the page title, but none reveals an actual page title for the Court's home page). Other pages within the Court's web site, such as the current Term's orders page, do contain page titles (in this instance, "2015 Term Court Orders").

Because courts have generally exhibited amazing responsiveness in correcting flaws in their online information in response to "How Appealing" posts noting such flaws, I have decided to start the clock on this one at 10:45 p.m. eastern time on Thanksgiving night. Perhaps the Court's home page will sport a title as early as tomorrow, perhaps one won't appear until next week, or perhaps the Court has decided to keep its home page title-less into the foreseeable future.

Update: For what it's worth, the home pages of the Supreme Court of Canada and the Supreme Court of the United Kingdom both have page titles (the former is bilingual, of course).
Posted at 10:45 PM by Howard Bashman



"The Struggle for Justice on Tribal Lands": In yesterday's edition of The New York Times, Ned Blackhawk had this op-ed discussing the pending U.S. Supreme Court case captioned Dollar General v. Mississippi Band of Choctaw Indians.
Posted at 10:34 PM by Howard Bashman


"In Supreme Court case, university defends race-based policy giving middle-class minorities an edge": David G. Savage of The Los Angeles Times has this report.
Posted at 10:22 PM by Howard Bashman


"Sex After 50 at the Supreme Court": Linda Greenhouse has this essay online today at The New York Times.
Posted at 02:00 PM by Howard Bashman


Wednesday, November 25, 2015

"Why Texas Shouldn't Be Allowed To Run Out the Clock": Brianne Gorod has this post today at the "Text & History Blog" of the Constitutional Accountability Center.
Posted at 12:14 PM by Howard Bashman


"Antonin Scalia, Bogeyman of the Liberal Imagination: The justice stars in Hollywood revenge fantasies." Christopher J. Scalia has this blog post online today at The Weekly Standard.

Next up, law professor Jane C. Ginsburg will be blogging about the incredible cuteness of Ruth Baby Ginsburg.
Posted at 11:46 AM by Howard Bashman



Just in time for the busiest holiday shopping day of the year: Subscribing to The Green Bag -- the only law review-type publication that I pay money to receive -- has just become more interesting, to say the least. Details can be found here and here.

You can choose to spend zillions on eBay to obtain a U.S. Supreme Court Justice bobblehead doll, or you can simply subscribe to The Green Bag and obtain them for no additional cost.*
----
*Terms and conditions may apply.
Posted at 09:54 AM by Howard Bashman



"Does the First Amendment Protect Professionals? The bizarre case law that upholds free speech courts like and bans speech they don't." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 09:36 AM by Howard Bashman


"Wisconsin's Abortion Law Is Unconstitutional: These are the greatest quotes from a ruling that slams the state for feigning an interest in women's health." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:35 AM by Howard Bashman


"The chief justice speaks: John Roberts reflects on leadership at the Supreme Court." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 09:32 AM by Howard Bashman


"In Texas, going the distance for an abortion": Richard Wolf of USA Today has this report.
Posted at 09:30 AM by Howard Bashman


Tuesday, November 24, 2015

"Obama Administration Asks Court to Deny Texas More Time on Immigration; Request to extend response period would push Supreme Court case to October 2016": Jess Bravin of The Wall Street Journal has this report.
Posted at 10:03 PM by Howard Bashman


"Board to decide whether to charge justice in email scandal": The Associated Press has this report.

The Judicial Conduct Board of Pennsylvania today issued this response to a letter received recently from counsel for Justice J. Michael Eakin.
Posted at 08:57 PM by Howard Bashman



"U.S. law's reach at heart of epic cross-border cleanup fight": Jeremy P. Jacobs of Greenwire has this report.
Posted at 08:50 PM by Howard Bashman


"Feds ask Supreme Court to hear immigration case this term": Josh Gerstein of Politico.com has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "U.S. presses for immigration ruling this Term."
Posted at 08:47 PM by Howard Bashman



"Seventh Circuit Finds Wisconsin's Physician 'Admitting Privileges' Abortion Requirement Unconstitutional": Ruthann Robson has this post today at the "Constitutional Law Prof Blog." Therein, Robson writes, "In his inimitable style, Judge Posner also provided his views on the Fifth Circuit's decision regarding Texas's HB2 in Whole Woman's Health v. Cole, to which the United States Supreme Court recently granted certiorari."

My earlier coverage of yesterday's Seventh Circuit ruling can be accessed here.
Posted at 01:45 PM by Howard Bashman



"Still Secret: Second Circuit Keeps More Drone Memos From the Public." Brett Max Kaufman has this post today at "Just Security."

And at the "Lawfare" blog today, David Ryan has a post titled "NYT v. DOJ, Part 2: Second Circuit Narrows Circumstances in Which Official Statements Waive FOIA Exemption 5 Protection."

My earlier coverage of the ruling the Second Circuit unsealed yesterday can be accessed here.
Posted at 01:40 PM by Howard Bashman



"Just Security" blog hosts "Al Bahlul IV Symposium": You can access the posts via this link.
Posted at 01:34 PM by Howard Bashman


"Justices asked to block Native Hawaiian election vote count": The Associated Press has this report.
Posted at 12:16 PM by Howard Bashman


"The Supreme Court Should Hurry Up And Wait On Immigration: The Obama administration wants to push the Supreme Court into a landmark separation-of-powers decision over its immigration overreach." Ilya Shapiro and Josh Blackman have this post today at The Federalist.
Posted at 10:40 AM by Howard Bashman


"Texas seeks delay in Obama immigration case at Supreme Court": Ariane de Vogue of CNN.com has this report.

At "SCOTUSblog," Lyle Denniston has a post titled "States seek delay of immigration case."

At ThinkProgress, Ian Millhiser has a post titled "The Fate Of Over 4 Million People Could Rest With Justice Scalia."

And at the "Democracy in America" blog of The Economist, Steven Mazie has a post titled "Obama asks the Supreme Court to act fast to save his immigration orders."
Posted at 10:36 AM by Howard Bashman



"Could Pa. court controversy set voters against higher judicial age limit?" Mary Wilson of NewsWorks has this report.
Posted at 10:28 AM by Howard Bashman


"Supreme Court Landmark Case Brown v. Board of Education": C-SPAN has posted the video of last night's broadcast, featuring Jeffrey Rosen and law professor Tomiko Brown-Nagin, at this link.
Posted at 10:26 AM by Howard Bashman


Is "SCOTUSblog" an independent news organization, or a blog of the law firm that sponsors it? One new data point in that conversation is a post that deputy blog manager Molly Runkle has today titled "Goldstein & Russell is hiring an associate attorney." In that post's favor, I can say that reading it is likely to make you wish you worked there.
Posted at 10:22 AM by Howard Bashman


"Colorado Supreme Court upholds conviction of backseat-driving dad; The Colorado Supreme Court found that Kenneth Childress was equally responsible for a head-on collision that injured a 3-year-old and the teenager driving": Jordan Steffen has this article in today's edition of The Denver Post.

You can access yesterday's ruling of the Supreme Court of Colorado at this link.
Posted at 08:30 AM by Howard Bashman



"Constitution Check: Why all the interest in Article III 'standing'?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:23 AM by Howard Bashman


Monday, November 23, 2015

"U.S. Supreme Court will hear Kansas sex offender case": Tony Rizzo has this front page article in today's edition of The Kansas City Star.
Posted at 11:22 PM by Howard Bashman


"Roberts on Supreme Court's Changing Face (Beards Optional)": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 11:15 PM by Howard Bashman


"A Federal Judge And His Twitter Account: A Cautionary Tale." David Lat has this post at "Above the Law" about a case now pending on appeal to the U.S. Court of Appeals for the Ninth Circuit.
Posted at 11:00 PM by Howard Bashman


"At End of Sheldon Silver's Corruption Trial, the 'Law Guys' Take Over": Benjamin Weiser has this article in today's edition of The New York Times.
Posted at 10:58 PM by Howard Bashman


"NFL 'Deflategate' appeal to be heard March 3, after Super Bowl": Reuters has this report.
Posted at 07:40 PM by Howard Bashman


"Former porn star loses appeal in PB school lawsuit": Scott Travis of The South Florida Sun Sentinel has this news update.

Circuit Judge William H. Pryor, Jr. issued this ruling today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit.
Posted at 07:24 PM by Howard Bashman



"Moose hunter's unlikely path to the Supreme Court": Robin Bravender of Greenwire has this report.
Posted at 07:10 PM by Howard Bashman


"Wisconsin abortion admitting privileges law unconstitutional, court affirms": Patrick Marley of The Milwaukee Journal Sentinel has this news update.

The Wisconsin State Journal has a news update headlined "Appeals court backs rejection of abortion doctor admitting law."

The Associated Press reports that "Federal court rules Wisconsin abortion law unconstitutional."

And Reuters reports that "U.S. appeals court rules against Wisconsin abortion doctor law."

Circuit Judge Richard A. Posner wrote the majority opinion that a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 06:08 PM by Howard Bashman



In the December 2015 issue of ABA Journal magazine: Mark Walsh has an article headlined "Redistricting case brings partisan politics, immigration and federalism before SCOTUS."

Stephanie Francis Ward has an article headlined "Supreme Court ruling could spark more unintentional-discrimination cases."

The issue contains the "The 9th Annual Blawg 100" and the "2015 Blawg 100 Hall of Fame." In addition, Molly McDonough has an article addressing "What is the state of the legal blogosphere?" while Stephanie Francis Ward reports that "'Umpire' blog is shuttered, but its judge-author is staying in the game."

And this month's installmenf of Bryan A. Garner's "On Words" column is titled "30 more words to test your pronunciation skills."
Posted at 05:48 PM by Howard Bashman



"Judicial Gobbledygook: The Readability of Supreme Court Writing." Ryan Whalen has this essay at The Yale Law Journal Forum.
Posted at 05:36 PM by Howard Bashman


"Texas seeking delay in Supreme Court immigration case": The Associated Press has this report.

Lawrence Hurley of Reuters reports that "Texas move may delay U.S. Supreme Court immigration case review."

And Josh Gerstein of Politico.com has a blog post titled "Obama immigration legacy could hang on 30-day extension."

You can view the extension request at this link (via Josh Blackman).
Posted at 05:32 PM by Howard Bashman



"U.S. drops appeal of ex-Madoff employees' sentences": Nate Raymond of Reuters has this report.

And Bloomberg News reports that "Madoff Aides Won't Face Longer Terms as U.S. Drops Appeal."
Posted at 05:30 PM by Howard Bashman



"Police Get 'Super Powers' From High Court": Kenneth Jost has this post at his "Jost on Justice" blog.

The rest of us, apparently, will need to rely on the usual methods for attaining super powers.
Posted at 05:26 PM by Howard Bashman



"Venue owners appeal fine for denying lesbian couple wedding": The Associated Press has this report.
Posted at 01:52 PM by Howard Bashman


Access the Second Circuit ruling in New York Times Co. v. USDOJ unsealed today: At this link. The opinion was issued under seal on October 22, 2015 and reissued in unsealed form today.
Posted at 01:25 PM by Howard Bashman


Last week's Third Circuit oral argument audio: On Thursday of last week, two cases in which I was involved were argued before the same three-judge panel of the U.S. Court of Appeals for the Third Circuit. Because the audio from these oral arguments is now available online, I am providing links to those arguments.

In the case captioned In re: National Football League Players Concussion Injury Litigation -- a case in which I argued for approximately two minutes on behalf of two objectors but did not participate in the briefing of -- you can access the oral argument audio via this link (52.5 MB mp3 audio file).

And in the case captioned In re: Asbestos Products Liability Litigation -- a case in which I participated in the briefing but which my client's lead trial counsel did an excellent job of arguing on appeal -- you can access the oral argument audio via this link (11.8 MB mp3 audio file).

The second of these two oral arguments was the panel's final oral argument of the day. The presiding judge -- Circuit Judge Thomas L. Ambro -- can be heard profusely apologizing for having to actually enforce the red light indicator because one of his colleagues on the panel had an important conference call scheduled to begin promptly at 12:30 p.m., thereby establishing Judge Ambro as a true successor to the late Third Circuit Judge Edward R. Becker (access one of among many quite moving tributes here) when it comes to ordinarily ignoring oral argument time limits.
Posted at 12:15 PM by Howard Bashman



"Roberts recalls another chief justice and reveals a little about himself": Robert Barnes has this article in today's edition of The Washington Post.
Posted at 08:14 AM by Howard Bashman


Sunday, November 22, 2015

Clint Bolick one of seven finalists proposed to fill vacancy on the Supreme Court of Arizona: Howard Fischer of The Arizona Daily Sun has this report.
Posted at 01:02 PM by Howard Bashman


"Stevens wrapping up term on Supreme Court": In today's edition of The Times-Tribune of Scranton, Pennsylvania, Robert Swift has an article that begins, "Duffel bag on his shoulder, Supreme Court Justice Correale Stevens made the rounds of the state Capitol last week offering farewells as his term on the state's highest court ends."
Posted at 12:34 PM by Howard Bashman


"The Return of Korematsu: Seventy years after the mass internment of Japanese Americans was upheld by the U.S. Supreme Court, the ugly ideas at the core of its decision are resurfacing." Matt Ford of The Atlantic has this report.
Posted at 12:18 PM by Howard Bashman


"Danger at the Ballpark, and in a Baseball Ticket's Fine Print": Joe Nocera had this "Sports Business" essay in yesterday's edition of The New York Times.
Posted at 10:22 AM by Howard Bashman


"Eakin's arrogance": Today's edition of The Philadelphia Inquirer contains an editorial that begins, "Pennsylvania Supreme Court Justice J. Michael Eakin's latest attempt to quell concerns about his fitness for the bench has had the opposite effect."
Posted at 10:18 AM by Howard Bashman


Saturday, November 21, 2015

"U.S. Supreme Court could decide the fate of Kansas abortion regulations; Regulations in Texas case before the court similar to those in Kansas": Justin Wingerter of The Topeka Capital-Journal has this report.
Posted at 11:44 PM by Howard Bashman


"Pennsylvania Supreme Court's 3 justices-elect appraise its battered image, need for changes": Peter Jackson of The Associated Press has this report.
Posted at 11:40 PM by Howard Bashman


"A threat to freedom of speech at the Supreme Court": Online at The Washington Post, columnist George F. Will has an essay in which he writes, "[o]n Tuesday, the Supreme Court will decide whether to hear such a case from Texas, where it is a crime for a retired veterinarian to share his advice with people seeking it."
Posted at 11:33 PM by Howard Bashman


"Supreme Court denies request for new trial in defamation case against Citizens' Voice": The Citizens' Voice of Wilkes-Barre, Pennsylvania has this report.

Yesterday's ruling of the Supreme Court of Pennsylvania consists of a majority opinion and an opinion concurring in part and dissenting in part.
Posted at 11:28 PM by Howard Bashman



"Federal class-action reform effort courts serious risks": Daniel Karon has this essay online at The Cleveland Plain Dealer.
Posted at 11:20 PM by Howard Bashman


"Roberts talks leadership in discussion on Supreme Court": Ariane de Vogue of CNN.com has this report.

And at WSJ.com's "Law Blog," Jess Bravin has a post titled "Chief Justice John Roberts on taking on a Democratic President (FDR)." You can freely access the full text of the blog post via Google.
Posted at 11:18 PM by Howard Bashman



"D.C. Circuit Review -- Reviewed: Clerking, D.C. Circuit Edition." Aaron Nielson has this post today at the Yale Journal on Regulation.
Posted at 11:15 PM by Howard Bashman


"Appeals court upholds 30-year prison term for Montana woman in newlywed case": The Billings Gazette has this report.

Reuters reports that "Montana bride who pushed husband off cliff loses appeal."

And The Associated Press reports that "Court upholds sentence for wife who pushed husband off cliff."

You can access Thursday's non-precedential ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:12 PM by Howard Bashman



"Harvard 'black tape' vandalism brings law school's controversial past to fore; Tape placed over portraits of tenured black faculty comes after similar 'art-action' by black students attempting to draw attention to school seal's slavery roots": The Guardian (UK) has this report today.

And in yesterday's edition of The New York Times, Jess Bidgood had an article headlined "Tape Found Over Portraits of Black Harvard Professors."
Posted at 12:23 PM by Howard Bashman



Access yesterday's "Adult-Oriented Establishments" ruling of the U.S. Court of Appeals for the Second Circuit: You can access yesterday's ruling, involving a challenge to a portion of the municipal code of Milford, Connecticut, at this link.
Posted at 09:12 AM by Howard Bashman


"The metadata collection program is constitutional (at least according to Judge Kavanaugh)": Jonathan H. Adler has this post at "The Volokh Conspiracy" about a concurrence in the denial of an emergency petition for rehearing en banc that the U.S. Court of Appeals for the D.C. Circuit issued yesterday.
Posted at 09:02 AM by Howard Bashman


Friday, November 20, 2015

"Pa. Supreme Court's tarnished rep tough on sole female justice": Brad Bumsted has this front page article in today's edition of The Pittsburgh Tribune-Review.
Posted at 10:14 PM by Howard Bashman


"Chief Justice Likely Helped Set Stage For Nationwide Marriage Equality Decision": Chris Geidner of BuzzFeed News has this report today.

Geidner also has written a related law review article titled "Cert. Denied, Stays Denied, Marriage Equality Advanced: How the Supreme Court Used Nonprecedential Orders to Diminish the Drama of the Marriage Equality Decision."
Posted at 06:12 PM by Howard Bashman



Only approximately three months until pitchers and catchers report: In an opinion that Circuit Judge Jeffrey S. Sutton issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit, he observes that "[t]he risk that [the plaintiff's child] would be subject to another such search is no more 'actual and imminent' than the Chicago Cubs (or, we fear, the Cleveland Indians) winning the World Series."

Of course, the Cubs came a little closer than usual this year to making the World Series, so this bulletin-board material may be just the additional motivation the team needs to win it all in 2016. Which is much more than I can say for my own hometown team, the Philadelphia Phillies.
Posted at 04:13 PM by Howard Bashman



USDOJ obtains rehearing en banc in Detroit Free Press access-to-mugshots case: You can access today's order of the U.S. Court of Appeals for the Sixth Circuit granting rehearing en banc at this link.

My earlier coverage of the Sixth Circuit's three-judge panel's per curiam ruling that preserved media access to the mugshots in question can be accessed here.
Posted at 03:58 PM by Howard Bashman



"Obama Administration Asks Supreme Court to Save Immigration Plan": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Obama takes immigration leniency plan to the Supreme Court."

David G. Savage and Molly Hennessy-Fiske of The Los Angeles Times have a news update headlined "Obama administration asks Supreme Court to reverse order blocking president's immigration plan."

Kevin Johnson and Richard Wolf of USA Today report that "Obama administration appeals immigration ruling to Supreme Court."

Jess Bravin of The Wall Street Journal has a news update headlined "Obama Administration Asks Supreme Court to Reinstate Immigration Policy; Courts have blocked plan to allow illegal immigrants with U.S.-citizen or resident children to avoid deportation." You can freely access the full text of the article via Google.

Mark Sherman of The Associated Press reports that "Obama asks Supreme Court to save his immigration plan."

Lawrence Hurley of Reuters reports that "Obama administration asks top court to revive immigration plan."

Greg Stohr of Bloomberg News reports that "Obama Lawyers Ask Supreme Court to Revive Immigration Plan."

Stephen Dinan of The Washington Times reports that "Obama administration asks Supreme Court to approve executive amnesty."

Seung Min Kim and Josh Gerstein of Politico.com report that "Obama administration takes immigration battle to Supreme Court; A Supreme Court ruling on an issue as politically explosive as immigration could be a potential grenade in the 2016 presidential elections."

Pete Williams of NBC News reports that "Obama Administration Seeks Supreme Court Action on Immigration."

Cristian Farias and Elise Foley of The Huffington Post report that "Obama Administration Takes Deportation Relief For Millions To Supreme Court; President Barack Obama first announced the program exactly one year ago."

Todd Ruger of Roll Call reports that "Obama Administration Files Appeal in Immigration Case."

Jordan Fabian of The Hill reports that "Obama appeals immigration ruling to Supreme Court."

And at "SCOTUSblog," Lyle Denniston has a post titled "U.S. appeals on immigration policy."

You can view the Obama Administration's petition for writ of certiorari at this link.
Posted at 01:02 PM by Howard Bashman



"Kagan Discusses Statutory Interpretation at Law School": Jonathan Adler (yes, it's a fairly common name) of The Harvard Crimson has this report.
Posted at 10:14 AM by Howard Bashman


"Convicted spy Pollard released from US custody, gov't says": The Associated Press has this report.
Posted at 08:57 AM by Howard Bashman


"Adjusting IQ Scores so More Minorities Are Eligible for the Death Penalty": Law professor Sherry F. Colb has this essay today at Justia.com's Verdict.
Posted at 08:52 AM by Howard Bashman


"Consumers lose U.S. appeal over credit card arbitration clauses": Jonathan Stempel of Reuters has this report on a summary order that the U.S. Court of Appeals for the Second Circuit issued yesterday.
Posted at 08:16 AM by Howard Bashman


Thursday, November 19, 2015

"Court allows undocumented women to join Obama immigration appeal": Lawrence Hurley of Reuters has this report.
Posted at 10:06 PM by Howard Bashman


"Former Mississippi student who was suspended for posting rap song online has appealed to the U.S. Supreme Court": The Student Press Law Center has this report on a petition for writ of certiorari recently filed in the U.S. Supreme Court.
Posted at 07:37 PM by Howard Bashman


"Supreme Court Justice Eakin calls for porn inquiry to move to disciplinary court": Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania has this report.

And Angela Couloumbis of The Philadelphia Inquirer has a news update headlined "Justice Eakin: Email inquiry should be heard in public."

Also today, in coverage of a related development, Angela Couloumbis of The Philadelphia Inquirer has a news update headlined "Judges: Porngate emails not public record."

Karen Langley of The Pittsburgh Post-Gazette has a news update headlined "Pa. court says porn emails aren't public records under state law."

Steve Esack of The Morning Call of Allentown, Pennsylvania has a news update headlined "Court: Kathleen Kane can release porn emails even if they are not 'public' records."

And Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania has a report headlined "AG Kathleen Kane not required to release porn emails, appeals court rules."

You can access today's 5-to-2 ruling of an en banc panel of the Commonwealth Court of Pennsylvania at this link.
Posted at 05:07 PM by Howard Bashman



"Greenhouse Talks 'He Said, She Said' Journalism": In today's edition of The Harvard Crimson, Mia C. Carr has an article that begins, "Pulitzer Prize-winning journalist and former Crimson editor Linda J. Greenhouse '68 gave the second of three lectures in her series 'Just a Journalist: Reflections on Journalism, Life, and the Spaces Between' on Wednesday."

You can learn more about the lecture series at this link.

In what may seem like an ironic twist to followers of the U.S. Supreme Court, the full title of the lecture series featuring Greenhouse is the "William E. Massey, Sr., Lectures in American Studies at Harvard University."

William E. Massey, Sr., before retiring, served as CEO of the A.T. Massey Coal Company, which years later was the very same company involved in the U.S. Supreme Court's judicial election fundraising recusal case involving a justice on the Supreme Court of Appeals of West Virginia captioned Caperton v. A.T. Massey Coal Co.

In addition, Don Blankenship served as CEO of A.T. Massey Coal Co., later renamed Massey Energy, from 2000 until 2010. Earlier today, the federal district judge presiding over Blankenship's criminal trial ordered the jury to continue deliberations.
Posted at 04:45 PM by Howard Bashman



"Police Investigate Vandalism on Portraits of Black Law Professors; Harvard Law School Dean Minow says racism is a 'serious problem' at the school": Andrew M. Duehren of The Harvard Crimson has this news update.

And Steve Annear of The Boston Globe has a news update headlined "Tape found on portraits of black Harvard law professors."
Posted at 04:28 PM by Howard Bashman



"NFL-players concussion settlement challenged in federal appeals court": Jeremy Roebuck of The Philadelphia Inquirer has this news update.

And The Associated Press has a report headlined "Lawyers: NFL concussion deal excludes central brain injury."

When the audio of this morning's oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit becomes available online, I will link to it.

Update: In other coverage, Reuters reports that "Some ex-NFL players seek to re-work $1 bln concussion settlement."
Posted at 03:52 PM by Howard Bashman



Wednesday, November 18, 2015

Programming note: On Thursday, two separate cases on which I am working will be argued before the same three-judge panel of the U.S. Court of Appeals for the Third Circuit, and (as noted in this post from earlier today) I will be presenting a portion of the oral argument in one of them. As a result, additional posts will appear here Thursday afternoon.

In the interim, appellate-related developments may appear on this blog's Twitter feed, which is now approaching 5,000 followers.
Posted at 11:18 PM by Howard Bashman



"If past is prelude, SCOTUS will just tinker in this term's class action cases": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 11:15 PM by Howard Bashman


"Pa. High Court Favors Workers In Noncompete Ruling": Dan Packel of Law360.com has this report (subscription required for full access) on a ruling that the Supreme Court of Pennsylvania issued today.

The ruling consists of a majority opinion, a concurring opinion, and a dissenting opinion.

The ruling is of particular interest to me because it provides additional support for my clients' position in an appeal I will be arguing on December 2, 2015 in the Superior Court of Pennsylvania.
Posted at 10:58 PM by Howard Bashman



"Supreme Court grants resentencing to man convicted of East Liberty murder": The Pittsburgh Tribune-Review has a news update that begins, "A man convicted of beating a woman into a coma in East Liberty in 1993 -- and then convicted of third-degree murder when she died of her injuries in 2007 -- could go free following a resentencing hearing the Pennsylvania Supreme Court granted Wednesday."

And The Pittsburgh Post-Gazette reports that "State top court rules man in 1993 beating death must be resentenced."

Between the time that the defendant committed the criminal acts and the victim's resulting death some 14 years later, the legislature increased the penalty for the degree of murder that the defendant was later convicted of committing. The question presented was whether the sentencing range in effect at the time the criminal acts were committed or the increased sentencing range in effect when the victim died should apply.

Today's ruling of the Supreme Court of Pennsylvania consists of a majority opinion, two concurring opinions (here and here), and a dissenting opinion.
Posted at 10:48 PM by Howard Bashman



"A Practitioner's Five-Point Plan to Improve the Pa. Supreme Court": This new installment of my "Upon Further Review" column appeared in last Tuesday's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

You can freely access the full text of the column via Google News.
Posted at 10:35 PM by Howard Bashman



"Supreme Court refuses to kill Pa.'s 'wrongful birth' law": Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this report.

And Dan Packel of Law360.com reports that "Pa. High Court Affirms Law Banning 'Wrongful Birth' Suits" (subscription required for full access).

My earlier coverage of today's Pa. Supreme Court ruling can be accessed here.
Posted at 10:28 PM by Howard Bashman



"Opponents of Christo's Over The River art project make last legal stand; U.S. Court of Appeals hears oral arguments it case challenging Bureau of Land Management's 2011 approval plan to drape Arkansas River in fabric": Jason Blevins of The Denver Post has this news update reporting on a case argued today in the U.S. Court of Appeals for the Tenth Circuit.

And The Associated Press reports that "Opponents ask federal appeals court to throw out permission for Christo's Over the River work."
Posted at 08:40 PM by Howard Bashman



"A Conversation with Justice Sonia Sotomayor": The video of Justice Sonia Sotomayor's conversation yesterday afternoon with Dean Wendy Perdue at the University of Richmond School of Law can be viewed online, on-demand at this link.
Posted at 05:50 PM by Howard Bashman


Supreme Court of Pennsylvania rejects "single subject" challenge to law banning wrongful birth and wrongful life suits, holding that challenge arose too long after enactment of the legislation: You can access today's unanimous ruling of Pennsylvania's highest court at this link.
Posted at 02:54 PM by Howard Bashman


"Americans deeply split on abortion as Supreme Court takes case: Reuters/Ipsos poll." Lawrence Hurley of Reuters has this report.
Posted at 02:36 PM by Howard Bashman


"Campus Unrest and the Fisher Affirmative Action Case": Law professor Michael C. Dorf has this essay online today at Justia.com's Verdict.

And today at his "Dorf on Law" blog, he has a related post titled "Diversity and Remediation."
Posted at 01:42 PM by Howard Bashman



"The Stealth Corporate Takeover of the Supreme Court: Three cases under consideration show how Big Business is using the court to tilt the law in its favor." Simon Lazarus has this article online today at the New Republic.
Posted at 01:38 PM by Howard Bashman


"Fallible But Final: Why Justice Scalia is Wrong About the Supreme Court's Authority." Evan Bernick has this blog entry today at The Huffington Post.
Posted at 01:35 PM by Howard Bashman


"Law Professor Challenges the Seeming Federal Endorsement of Duke Nonbinding 'Guidelines' on Proportionality Amendments": Patricia W. Moore has this post at the "Civil Procedure & Federal Courts Blog."
Posted at 11:06 AM by Howard Bashman


"After final appeal, NFL retirees can finally get help": Former NFL player Nick Lowery, perhaps with the assistance of a lawyer or two, has this op-ed in today's edition of The Philadelphia Inquirer.

Tomorrow, a three-judge panel of the U.S. Court of Appeals for the Third Circuit is scheduled to hear an hour of oral argument -- likely to extend much longer -- in In Re: National Football League Players Concussion Injury Litigation.

Among the five lawyers arguing for objectors will be attorneys Steven F. Molo, Deepak Gupta, Charles Becker, and me (I'll be representing objector Craig Heimburger and his wife).

Arguing in favor of affirmance will be law professor Samuel Issacharoff (representing class counsel) and Paul D. Clement (representing the NFL).

Once the Third Circuit posts the audio of the oral argument online, I will link to it.
Posted at 11:02 AM by Howard Bashman



"At UR, Sotomayor says justices are 'members of this society'": Karin Kapsidelis has this article in today's edition of The Richmond Times-Dispatch.

Fox News Latino has a report headlined "Sotomayor had to be convinced to become first Hispanic justice: 'This isn't about you.'"

And Mark Robinson of Richmond Magazine has a report headlined "Holding Court: U.S. Supreme Court Justice Sonia Sotomayor speaks to students, faculty at University of Richmond."
Posted at 10:48 AM by Howard Bashman



"Constitution Check: Where does Justice Kennedy now stand on abortion rights?" Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:38 AM by Howard Bashman


Finally a law-related blog post featuring the lyric "There's no sex in your violence" from Bush's Everything Zen: Today at "Concurring Opinions," Ronald K.L. Collins has a post titled "FAN 85 (First Amendment News) 'Is phone sex violent?' -- Posner challenges lawyer in online classified advertising case."

You can access via this link the audio of last Friday's Seventh Circuit oral argument in Backpage.com, LLC v. Dart (18.8 MB mp3 audio file).

In news coverage of the case from yesterday, Jason Meisner of The Chicago Tribune reports that "Appeals court limits sheriff in fight over online sex ads."

Aamer Madhani of USA Today reports that "Appeals court orders Cook County sheriff to cease campaign against Backpage."

And Jonathan Bilyk of CookCountyRecord.com reports that "Seventh Circuit orders Dart to back off Backpage.com, pending appeal of injunction denial."
Posted at 10:25 AM by Howard Bashman



"Board overboard": Today's edition of The Philadelphia Inquirer contains an editorial that begins, "The Judicial Conduct Board, the panel designated to investigate the myriad misdeeds of Pennsylvania's judiciary, has so thoroughly botched its probe of Supreme Court Justice J. Michael Eakin as to raise a question: Who should investigate the Judicial Conduct Board?"
Posted at 08:44 AM by Howard Bashman


Tuesday, November 17, 2015

"Judge Scolds Plaintiffs Lawyers for Brief With 76 Footnotes": Marisa Kendall of The Recorder has this report (subscription or registration required for full access).

Fortunately, subscription or registration is not required to access in full the brief in question, Google's objection to that brief, and the federal district judge's order granting that motion to strike.
Posted at 10:55 PM by Howard Bashman



"Ted Cruz wins endorsement of Ginni Thomas": CNN.com has this report.

My earlier coverage appears at this link.
Posted at 10:10 PM by Howard Bashman



"Colorado Supreme Court, Court of Appeals, Office of the State Court Administrator launch Twitter accounts": The Judicial Branch of Colorado issued this news release today.
Posted at 10:07 PM by Howard Bashman


"The Real Court Case Behind Bridge of Spies: The story of the prisoner exchange in Spielberg's latest drama originates from a strangely decided, controversial case." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 10:00 PM by Howard Bashman


"Texas v. United States: Fifth Circuit declares President Reagan's immigration regulation unlawful." Marty Lederman has this post at "Balkinization."
Posted at 09:48 PM by Howard Bashman


"Does Fisher I Establish Jurisdiction For Fisher II?" Richard M. Re has this post today at "PrawfsBlawg."
Posted at 07:58 PM by Howard Bashman


"Atty. Gen. Loretta Lynch questions plans for moving Guantanamo prisoners to U.S." Timothy M. Phelps of The Los Angeles Times has this report.

And Josh Gerstein of Politico.com has a blog post titled "Lynch douses talk of Obama going rogue on Guantanamo closure."
Posted at 07:38 PM by Howard Bashman



"Video: A Conversation with Ken Starr." The Texas Tribune posted this video online today.
Posted at 07:34 PM by Howard Bashman


"What a Breeze: The Case for the 'Impure' Opinion (Part 2)." Ross Guberman, a longtime "How Appealing" reader who I had the pleasure of meeting for the first time at the 2015 AJEI Summit on Sunday morning, is the author of the November 2015 installment of the "Plain Language" column in the Michigan Bar Journal.

You can also access part one of Guberman's essay, from last month's issue, at this link.
Posted at 07:22 PM by Howard Bashman



"Uber can't appeal class certification order in U.S. driver lawsuit": Dan Levine of Reuters has this report.
Posted at 04:53 PM by Howard Bashman


"Ginni Thomas: I Am Proudly Endorsing Ted Cruz for President in 2016." The presidential campaign of Ted Cruz has posted this video online at YouTube.

Or as Adam Liptak of The New York Times notes on Twitter, "After mentioning that her husband is on the Supreme Court, Ginni Thomas endorses Ted Cruz."
Posted at 04:48 PM by Howard Bashman



"Texas law leads to more attempts at self-induced abortions -- study": Reuters has this report.
Posted at 04:44 PM by Howard Bashman


"A Conversation with Sonia Sotomayor": Live online from the University of Richmond School of Law via this link.
Posted at 04:40 PM by Howard Bashman


"Anthony Kennedy's Right to Choose: The justice who cares about dignity and autonomy should vote against Texas' abortion law." Dahlia Lithwick has this jurisprudence essay online today at Slate.
Posted at 04:38 PM by Howard Bashman


"Criminal Justice System Reform: The Cato Institute held a discussion with two federal judges on criminal justice system issues." Yesterday, Cato hosted this dialogue (video via C-SPAN) between Ninth Circuit Judge Alex Kozinski and Fourth Circuit Judge J. Harvie Wilkinson III.
Posted at 02:00 PM by Howard Bashman


Access online the NCAA's opposition to rehearing en banc filed in the Ninth Circuit's O'Bannon case: Attorney Seth P. Waxman appears as counsel of record on the NCAA's answer in opposition filed yesterday.
Posted at 01:50 PM by Howard Bashman


"Forensic Pseudoscience: The Unheralded Crisis of Criminal Justice." Nathan J. Robinson has this article in the November/December 2015 issue of Boston Review.
Posted at 10:40 AM by Howard Bashman


"'Outrageous Government Conduct': Is It OK when the government makes up crimes to catch criminals? What if they're not criminals?" Adam Wisnieski has this article online at The Crime Report.
Posted at 10:36 AM by Howard Bashman


"Supreme Court Landmark Case Youngstown Sheet and Tube v. Sawyer": C-SPAN has posted the video of last night's broadcast, featuring law professor Michael Gerhardt and William Howell, at this link.
Posted at 10:30 AM by Howard Bashman


"Bryan Garner on interviewing Supreme Court Justices": Thanks to Bloomberg BNA, an interesting podcast from "Hsu untied" has come to my attention.
Posted at 10:18 AM by Howard Bashman


You can follow "How Appealing" on Twitter: Via this link. Every post at this blog automatically generates a Tweet, alerting you to new content. And when I'm on the road, as I was last week at the tremendously worthwhile 2015 Appellate Judges Education Institute Summit, lots of appellate-related re-Tweets frequently will appear even though the blog itself shows no new activity.
Posted at 08:56 AM by Howard Bashman


"Do Supreme Court Justices Need Litmus Test?" Kimberly Robinson of Bloomberg BNA has this report.

And in related coverage at "Above the Law," David Lat has a post titled "Ten Years Of The Roberts Court."
Posted at 08:52 AM by Howard Bashman



"11 amicus briefs filed in support of Bob McDonnell": Andrew Cain of The Richmond Times-Dispatch has this report.

And Matt Zapotosky of The Washington Post reports that "Bob McDonnell's high-profile supporters urge Supreme Court to take case."
Posted at 08:50 AM by Howard Bashman



"Pa. voters to be asked: Is 70-plus too old for a judge?" Matthew Nussbaum has this article in today's edition of The Philadelphia Inquirer.

In today's edition of The Pittsburgh Post-Gazette, Karen Langley has an article headlined "Pennsylvania voters will decide next year if judges can work to age 75."

And The Associated Press reports that "Pennsylvania voters will decide whether mandatory retirement age for judges should be 70 or 75."
Posted at 08:40 AM by Howard Bashman



"Justice Antonin Scalia Questions Logic Behind Gay Rights Protections": Adam Liptak had this post last night at the "FirstDraft" blog of The New York Times.
Posted at 08:35 AM by Howard Bashman


"Prison Town in Colorado Doesn't Want Guantanamo Detainees": Jack Healy has this article in today's edition of The New York Times.
Posted at 08:30 AM by Howard Bashman


Monday, November 16, 2015

"Why Israel's right wing is gunning for nation's Supreme Court; Democracy activists say reasoned critiques of controversial court decisions have given way to incitement; A security detail has been assigned to the justices": Joshua Mitnick of The Christian Science Monitor has this report today.
Posted at 10:18 PM by Howard Bashman


"Lawsuit Finance Contracts Are Loans, Colorado Supreme Court Rules": Daniel Fisher has this post at Forbes.com about a ruling that the Supreme Court of Colorado issued today.
Posted at 10:14 PM by Howard Bashman


"The US supreme court may make abortion the deciding factor in 2016; The justices decided to take a case that could mean the end of Roe v Wade just four months before voters choose their next president": Scott Lemieux has this essay online at The Guardian (UK).
Posted at 10:04 PM by Howard Bashman


"Liberal government drops Supreme Court of Canada niqab appeal": Sean Fine of The Toronto Globe and Mail has a news update headlined "The Liberal government has ended Ottawa's four-year fight against the wearing of the face veil during the citizenship oath, withdrawing a request to the Supreme Court to hear an appeal on the issue."

And The Toronto Star reports that "Liberals drop controversial Supreme Court of Canada niqab appeal; Conservatives had asked Supreme Court to hear appeal of ruling that said it was unlawful to prohibit women from wearing a face-covering at a citizenship ceremony."
Posted at 10:02 PM by Howard Bashman



"State Sen. Williams calls for Eakin's resignation": Julia Terruso of The Philadelphia Inquirer has this report.

And Charles Thompson of The Patriot-News of Harrisburg, Pennsylvania reports that "Philadelphia state senator calls for additional resignations, investigation in Supreme Court Justice's email case."
Posted at 09:57 PM by Howard Bashman



"Bright argues before Supreme Court again; Case could change the way juries are selected": The Advocate Messenger of Danville, Kentucky has this profile of attorney Stephen B. Bright.
Posted at 09:54 PM by Howard Bashman


"U.S. Supreme Court is asked to hear lesbian adoption case": Robert Barnes of The Washington Post has this news update.

Kent Faulk of The Birmingham News reports that "Lesbian mother asks U.S. Supreme Court to review Alabama Supreme Court adoption ruling."

And The Associated Press reports that "Lesbian mother appeals Alabama adoption decision."
Posted at 09:46 PM by Howard Bashman



"Gavin Class will not be allowed to return to Towson football team after court rules in favor of university": This article appeared in Saturday's edition of The Baltimore Sun.

And Reuters reports that "U.S. court keeps college football player sidelined in heatstroke case."

You can access Friday's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 09:26 PM by Howard Bashman



"Fatal San Francisco dog maul case: Court appears divided." Howard Mintz of The San Jose Mercury News has this report.

And Bob Egelko of The San Francisco Chronicle has a news update headlined "Attorney asks for new trial in 2001 dog-mauling death."

Via YouTube, you can access at this link the video of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. Senior Fourth Circuit Judge Andre M. Davis, with whom I had the pleasure of visiting on Saturday evening in Washington, DC at the 2015 AJEI Summit, was on the panel sitting by designation.
Posted at 07:06 PM by Howard Bashman



"Appeals court lets NSA phone program continue": Josh Gerstein of Politico.com has this blog post.
Posted at 06:55 PM by Howard Bashman


"Ethic panel gives judges the OK to work with Scouts again": Bob Egelko of The San Francisco Chronicle has a news update that begins, "A state judicial ethics panel says judges in California can work with Boy Scout troops now that the youth organization has rescinded its long-standing ban on gays and lesbians as scout leaders."
Posted at 06:21 PM by Howard Bashman


"Via Duke, Companies Are Shaping Discovery": At Law360.com, law professor Suja A. Thomas recently had an essay (free access) that begins, "Recently, the New York Times reported that corporations in the food industry have paid academics to lobby for and against genetically modified food. A similar phenomenon is happening in our legal system in the battleground around controlling litigation costs."
Posted at 05:23 PM by Howard Bashman


"Due Process vs. Administrative Law: Federal agencies control the livelihood of thousands of judges who decide disputes in which the agencies are a party." Law professor Kent Barnett has this op-ed in today's edition of The Wall Street Journal. You can freely access the full text via Google.

On a related note, Professor Barnett recently posted an article titled "Against Administrative Judges" online at SSRN.
Posted at 05:04 PM by Howard Bashman



The Super-Rich Members of the Illuminati win another one: Via a non-precedential ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 02:54 PM by Howard Bashman


In videos of interest from the Federalist Society's 2015 National Lawyers Convention: While I was in Washington, DC at the end of last week attending the exceptionally useful and informative 12th annual Appellate Judges Education Institute Summit, across town just a short distance away was the Federalist Society's annual lawyers' event.

Fortunately, the Federalist Society posts online at YouTube the video of most of its annual convention programs. Here are several that readers of this blog may find to be of interest, in addition to the one video that every reader of this blog really must watch, which I linked to the other day:

"Ten Years of the Roberts Court," featuring Michael A. Carvin and Jan Crawford as panelists, with Ninth Circuit Judge Carlos T. Bea as moderator;

"Deference Meets Delegation: Which is the Most Dangerous Branch?" featuring a stellar panel with D.C. Circuit Judge Brett M. Kavanaugh serving as moderator;

"Examination of the Obama Administration's Protection of Religious Liberty," featuring Ninth Circuit Judge Diarmuid F. O'Scannlain as moderator;

"Prosecutors Run Amok?" featuring Ninth Circuit Judge Alex Kozinski as a panelist and Georgia Supreme Court Justice Keith R. Blackwell as moderator;

"A Right to Speak Anonymously? Political Contributors and Reporters' Confidential Sources," featuring Michigan Chief Justice Robert P. Young, Jr. as moderator;

"Broadband Re-regulation: The Battle Returns to the Courts," featuring Miguel A. Estrada as a panelist and Senior D.C. Circuit Judge David B. Sentelle as moderator;

"Overreach in the States," featuring Eleventh Circuit Judge William H. Pryor, Jr. as a panelist and Adam J. White as moderator; and

"The Living Congress: Adaptation or Decline?" featuring Fifth Circuit Judge Jerry E. Smith as moderator.

The remainder of the videos from the convention, many of which readers might also find of interest, can be accessed via this link.
Posted at 02:11 PM by Howard Bashman


"Pa. Senator Anthony Williams Calls for Resignations in Porngate Presser; 'This isn't porngate,' he said; 'This is hategate'; He wants the resignation of Supreme Court Justice Michael Eakin, among others": Dan McQuade has this post today at the "News + Opinion" blog of Philadelphia Magazine.
Posted at 01:40 PM by Howard Bashman


"Federal Circuit Finally Sends Akamai Back to District Court with Orders to Finish It": Dennis Crouch has this post at "Patently-O."

Today, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued this decision in the Akamai v. Limelight saga.
Posted at 01:35 PM by Howard Bashman



"Supreme Court Won't Hear Case Over Planned Parenthood Documents": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court stays out of lawsuit targeting Planned Parenthood."

Jess Bravin of The Wall Street Journal has a news update headlined "Supreme Court Rejects Antiabortion Group's Case Against Planned Parenthood; New Hampshire Right to Life group sued to obtain organization's operational manual, other materials."

Lawrence Hurley of Reuters reports that "U.S. top court rejects anti-abortion group's Planned Parenthood case."

And Greg Stohr of Bloomberg News reports that "U.S. Supreme Court Sidesteps Planned Parenthood Disclosure Fight."
Posted at 01:23 PM by Howard Bashman



"How an Obscure SCOTUS Procedure Can Solve AEDPA's Retroactivity Catch-22 (and a Growing Circuit Split)": Steve Vladeck (with whom I had the pleasure of speaking at the recently concluded AJEI Summit in Washington, DC) has this post today at "PrawfsBlawg."
Posted at 12:03 PM 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.

In New Hampshire Right to Life v. Department of Health and Human Services, Justice Clarence Thomas issued a dissent, in which Justice Antonin Scalia joined, from the denial of certiorari.

In early news coverage, The Associated Press reports that "Court won't hear case over grant to Planned Parenthood."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court bypasses FOIA challenge."
Posted at 09:32 AM by Howard Bashman



"Georgia officials: KKK using adopt-a-highway program to advance 'Klan Country.'" Greg Bluestein of The Atlanta Journal-Constitution has a blog post that begins, "The Ku Klux Klan's attempt to 'adopt' a stretch of highway in north Georgia is headed to the state's Supreme Court."
Posted at 08:42 AM by Howard Bashman


"The Supreme Court agrees to hear the biggest abortion case since 1992, in the middle of the presidential election": Steven Mazie has this post today at the "Democracy in America" blog of The Economist.
Posted at 08:30 AM by Howard Bashman


"Even After Paris": Online today at Justia's Verdict, law professor Joseph Margulies has an essay that begins, "My colleagues at Cornell, both in the law school and the College of Arts & Sciences, often invite me to speak in their classes about my work on behalf of alleged terrorists."
Posted at 08:26 AM by Howard Bashman


"U.S. death penalties, executions slow as capital punishment is squeezed": Jon Herskovitz of Reuters has an article that begins, "Capital punishment in the United States has moved into the slow lane, with the number of executions and new death sentences likely to hit lows not seen for more than 20 years."
Posted at 08:22 AM by Howard Bashman


Sunday, November 15, 2015

"Fatal San Francisco dog maul case back in spotlight": Howard Mintz of The San Jose Mercury News has this report on an appeal scheduled for oral argument Monday in the U.S. Court of Appeals for the Ninth Circuit.
Posted at 11:04 PM by Howard Bashman


"Efforts to Rein In Arbitration Come Under Well-Financed Attack": Jessica Silver-Greenberg and Michael Corkery will have this article in Monday's edition of The New York Times.
Posted at 10:58 PM by Howard Bashman


"Rowan's prayer lawsuit shifted focus following Supreme Court ruling": The Salisbury (N.C.) Post has this article today about a case that, according to the article, will be orally argued in the U.S. Court of Appeals for the Fourth Circuit in January 2016.
Posted at 10:20 PM by Howard Bashman


"Spokeo, Inc. v. Robins: The Illusory 'No-Injury Class' Reaches the Supreme Court." Law professor Patricia W. Moore -- a contributor to the "Civil Procedure & Federal Courts Blog" -- has posted this paper online at SSRN.
Posted at 10:12 PM by Howard Bashman


"Supreme Court on C-SPAN, With Warts and All": Kenneth Jost had this post yesterday at his blog, "Jost on Justice."
Posted at 10:06 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: Of Dogs and Lions, Heads and Tails." Aaron Nielson has this post at the blog of the Yale Journal on Regulation.
Posted at 10:00 PM by Howard Bashman


"'Jock tax' changes expected to cost Cleveland millions": The Cleveland Plain Dealer has this report.
Posted at 09:57 PM by Howard Bashman


"Gaming Out The Immigration Case As It Heads To The Supreme Court": Ilya Shapiro has this post today at Forbes.com.
Posted at 09:55 PM by Howard Bashman


"Will the U.S. Supreme Court Give a Clear Answer on Abortion? On Friday, the justices agreed to hear a challenge to a Texas law that would cut several abortion clinics, forcing them to revisit a vague standard." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 09:54 PM by Howard Bashman


"Reviewer of emails also was recipient": In today's edition of The Philadelphia Inquirer, Angela Couloumbis and Craig R. McCoy have an article that begins, "A member of the judicial panel weighing sanctions against state Supreme Court Justice J. Michael Eakin over offensive emails was himself a recipient of pornographic messages exchanged among another justice and law enforcement officials, documents obtained by The Inquirer show."
Posted at 11:10 AM by Howard Bashman


"Suit: Panel illegally rushed nomination of state high court justice." The Santa Fe New Mexican has this report.
Posted at 07:52 AM by Howard Bashman


Saturday, November 14, 2015

"Will Justice Kennedy Save Albert Woodfox?" Andrew Cohen recently had this essay online at the Brennan Center for Justice.
Posted at 10:40 PM by Howard Bashman


"Hillary Clinton, if president, could appoint 4 Supreme Court justices": Dave Boyer of The Washington Times has this Federalist Society-related report.
Posted at 10:26 PM by Howard Bashman


"Class Dismissed? Big business says class-action lawsuits have gotten out of control; Will the Roberts court agree?" Slate today has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 10:24 PM by Howard Bashman


"The Big Money Propping Up Harsh Sentences; Special-interest groups are funneling millions of dollars into state-court elections, taking a toll on justice and public confidence in judges": Alicia Bannon and Scott Greytak have this essay online today at The Atlantic.
Posted at 10:20 PM by Howard Bashman


"Court orders Sandusky's Penn State pension be reinstated": Karen Langley has this front page article in today's edition of The Pittsburgh Post-Gazette.

Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has an article headlined "Court: Timing of his child-sex crimes saved Jerry Sandusky's state pension."

The Centre Daily Times of State College, Pennsylvania reports that "Commonwealth Court returns Sandusky pension."

The Daily Collegian, the student newspaper of Penn State University, reports that "Jerry Sandusky's Penn State pension reinstated."

The Associated Press reports that "Ruling gives Sandusky back $4,900-a-month Penn State pension."

And Reuters reports that "Pennsylvania court reinstates Sandusky's $4,900 monthly pension."

You can access yesterday's unanimous en banc ruling of the Commonwealth Court of Pennsylvania at this link.
Posted at 10:15 PM by Howard Bashman



"A Conversation with Justice Stephen Breyer": The Harvard Institute of Politics recently posted this video online at YouTube.
Posted at 06:23 PM by Howard Bashman


"Life on the Bench": The Federalist Society has posted online at this link the video of a panel discussion that took place earlier today in Washington, DC.
Posted at 06:03 PM by Howard Bashman


"Reddingite is executive director of Ralph Nader's Tort Museum": The Redding (Conn.) Pilot has this report.
Posted at 01:54 PM by Howard Bashman


"Confirming Judge Restrepo to the Third Circuit": Law professor Carl Tobias had this blog post online yesterday at The Hill.
Posted at 01:52 PM by Howard Bashman


"Courting cash: Democrats prevail in the most expensive judicial race yet." This article appears in today's print edition of The Economist magazine.

And Thursday's edition of The Pittsburgh Post-Gazette contained an editorial titled "Choosing judges: In Pennsylvania, there must be a better way."
Posted at 01:48 PM by Howard Bashman



"[F]ederal courts have inherent power to order counsel to accept an uncompensated appointment under the limited factual circumstances here": So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit in a decision issued yesterday.
Posted at 01:40 PM by Howard Bashman


"Ruth Bader Ginsburg and Gloria Steinem on the Unending Fight for Women's Rights; The two longtime friends discuss everything from rap names to the moments that spurred them to action": Phipil Galanes has this "Table for Three" article in the Fashion & Style section of tomorrow's edition of The New York Times.
Posted at 01:33 PM by Howard Bashman


"Prompt appeal due on immigration policy": Lyle Denniston has this post at "SCOTUSblog."
Posted at 01:30 PM by Howard Bashman


"Supreme Court's Texas abortion ruling to have broad impact in states": Lawrence Hurley of Reuters has this report.
Posted at 01:28 PM by Howard Bashman


Friday, November 13, 2015

"Supreme Court takes up Virginia redistricting case": Jenna Portnoy of The Washington Post has this news update.

Mark Sherman of The Associated Press reports that "Court to look at GOP appeal over Virginia congressional map."

Lawrence Hurley of Reuters reports that "Supreme Court to decide Virginia redistricting case."

Greg Stohr of Bloomberg News reports that "Republicans Get U.S. Supreme Court Hearing on Virginia Voting Map."

And Scott Bland of Politico.com reports that "Supreme Court to consider Virginia redistricting case."
Posted at 05:42 PM by Howard Bashman



"Supreme Court Accepts Texas Abortion Law Case": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court takes up major challenge to abortion restrictions."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court agrees to hear biggest abortion case in 2 decades."

Richard Wolf of USA Today reports that "Supreme Court will wade back into abortion debate."

Jess Bravin of The Wall Street Journal reports that "Supreme Court to Review Texas Abortion Law; State's law required clinics to meet surgical-center standards, doctors to have privileges at local hospitals."

Michael Doyle of McClatchyDC reports that "Supreme Court agrees to hear abortion clinic regulation challenge."

Mark Sherman of The Associated Press reports that "Justices agree to hear first abortion case since 2007."

Lawrence Hurley of Reuters reports that "U.S. top court to decide major abortion case for first time since 2007."

Greg Stohr of Bloomberg News reports that "Abortion Clinic Restrictions Get U.S. Supreme Court Scrutiny."

Jennifer Haberkorn of Politico.com reports that "Supreme Court to hear major abortion case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on abortion clinic restrictions."

You can access today's Order List of the U.S. Supreme Court at this link.
Posted at 05:26 PM by Howard Bashman



"Confirm President Obama's Judges": Today's edition of The New York Times contains an editorial that begins, "On Nov. 12, 2014, President Obama nominated Luis Felipe Restrepo to a judgeship on the federal Court of Appeals for the Third Circuit."
Posted at 12:48 PM by Howard Bashman


"Book Review: Jay Wexler's 'Tuttle in the Balance.'" Steve Klepper has this post today at the "Maryland Appellate Blog."
Posted at 12:45 PM by Howard Bashman


"Key question in immigration court fight: Is Obama enforcing deportation laws or changing them?" David G. Savage and Timothy M. Phelps of The Los Angeles Times have this news analysis.
Posted at 12:44 PM by Howard Bashman


"Merck's Cubist Loses Bid to Block Generic Cubicin Past 2016": Susan Decker of Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued yesterday.
Posted at 12:42 PM by Howard Bashman


"Justice Nahmias bears down -- and Mike Bowers objects": Bill Rankin of The Atlanta Journal-Constitution has a very interesting article that begins, "When Norman Fletcher, the retired chief justice of the Georgia Supreme Court, argued a case before his former colleagues on the court this month, he received the usual barrage of questions from Justice David Nahmias."
Posted at 12:40 PM by Howard Bashman


Thursday, November 12, 2015

"Ruling in favor of California death penalty leaves larger questions unanswered": Paige St. John and Maura Dolan will have this article in Friday's edition of The Los Angeles Times.

Howard Mintz of The San Jose Mercury News has an article headlined "California death penalty: legal obstacle to executions removed."

In Friday's edition of The New York Times, Erik Eckholm will have an article headlined "Federal Appeals Panel Overturns Anti-Death Penalty Ruling in California."

Mark Berman of The Washington Post reports that "Federal appeals court reverses ruling that said California's death penalty system is unconstitutional."

The Sacramento Bee reports that "Federal appeals court upholds death penalty in California."

Dan Levine and Eric M. Johnson of Reuters report that "U.S. appeals court rejects challenge to California death penalty."

And The Associated Press reports that "Appeals court rejects challenge to California death penalty."

You can access today's ruling of a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:58 PM by Howard Bashman



"Constitution Check: Is the new immigration policy at risk constitutionally?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:52 PM by Howard Bashman


"Pleading for the Fourth: Justice Sonia Sotomayor stood alone again on Monday as the U.S. Supreme Court chipped away at the Fourth Amendment's constraints on law enforcement." Matt Ford of The Atlantic has this report.
Posted at 11:50 PM by Howard Bashman


"Agreeing to disagree: Supreme Court Justice Breyer says rulings are strong but discourse thoughtful." Harvard Gazette has this report today.
Posted at 11:49 PM by Howard Bashman


"Is a key to Roe v. Wade open to question?" Lyle Denniston has this post today at "SCOTUSblog."
Posted at 11:48 PM by Howard Bashman


"Sixth Circuit Affirms Ricin Cooker's Sentence": Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 11:44 PM by Howard Bashman


"New opinion -- a glorious panel-voting mess": Matthew Stiegler has this post today at "CA3blog" about a 94-page decision that the U.S. Court of Appeals for the Third Circuit issued today in which all three judges wrote separately.
Posted at 11:38 PM by Howard Bashman


"Judging Roberts: The Chief Justice of the United States, ten years in." Adam J. White has this article in the November 23, 2015 issue of The Weekly Standard.
Posted at 11:22 PM by Howard Bashman


"Does the American Criminal Justice System Need an Overhaul?" On Monday afternoon in Washington, DC, the Cato Institute will host this event, described as "Featuring Alex Kozinski, Judge, U.S. Court of Appeals for the Ninth Circuit; and J. Harvie Wilkinson III, Judge, U.S. Court of Appeals for the Fourth Circuit; moderated by Tim Lynch, Director, Project on Criminal Justice, Cato Institute."

If you can't attend, you can view a live webcast of the event once underway via this link.
Posted at 09:16 PM by Howard Bashman



"Judicial Energy and the Supreme Court": Linda Greenhouse has this essay online today at The New York Times.
Posted at 09:14 PM by Howard Bashman


"How the world's biggest bookie was snared at last year's WSOP -- and walked a free man": This article, featuring a cameo appearance from Tom Goldstein, appears online at ESPN.com.
Posted at 09:12 PM by Howard Bashman


"An Invitation to End the Death Penalty: The time is now, and this opportunity might not present itself again soon." Evan Mandery has this jurisprudence essay online today at Slate.
Posted at 09:08 PM by Howard Bashman


Wednesday, November 11, 2015

Programming note: On Thursday morning, I will be traveling to Washington, DC, where I will remain until midday Sunday, to attend the 2015 Appellate Judges Education Institute Summit.

A highlight of the program will be Thursday evening's "Opening Reception at the United States Supreme Court featuring appearances by Supreme Court Justices." Because several state Supreme Court justices will likely be present, that description will prove accurate regardless of whether any U.S. Supreme Court Justices attend. Sadly, law clerks to the Justices who are fans of appellate blogs are not guaranteed to be present, although they are welcome to get in touch and say hello if they happen to be working late.

At various times throughout the program, the AJEI Summit will feature competing presentations that will be occurring simultaneously. Thus, on Friday morning, I will have to choose between hour two of Dean Erwin Chemerinsky's amazing note-free "Supreme Court Review" (then focusing on the criminal docket) and getting to hear from Indiana Supreme Court Justice Mark S. Massa, who went from being a journalist to a state supreme court justice. I have an inkling he may know how to write readable appellate decisions.

And on Saturday afternoon, I will have to choose between a Second Amendment panel featuring Paul Clement and a Guantanamo Bay panel featuring Steve Vladeck.

This is my second year in a row attending the AJEI Summit (last year's was in Dallas), and the organizers are making it especially convenient for me to return again next year when the event will be taking place just down the road in Philadelphia.

It will be great to see many new and old friends at this year's event, and also to make new acquaintances. If you see some guy at the AJEI Summit who looks like my Twitter icon, it might be me, so feel free to say hello.

And speaking of Twitter, while the AJEI Summit is underway, blog posts may appear here less frequently, but activity on this blog's Twitter feed might increase.
Posted at 11:08 PM by Howard Bashman



"Supreme Court Medicare fraud case raises questions over seized assets": Ali Montag of McClatchyDC has this report.

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Weighs Whether The Government Can Freeze A Defendant's Assets."

And online at Bloomberg View, law professor Noah Feldman has an essay titled "It's Hard to Pay a Lawyer Without Money."
Posted at 10:46 PM by Howard Bashman



"Boy at center of famous 'Poor Joshua!' Supreme Court dissent dies": The Milwaukee Journal Sentinel has this news update.
Posted at 10:32 PM by Howard Bashman


"Constitution Check: Is the new Obamacare case all about the nuns?" Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:28 PM by Howard Bashman


"Porngate investigator steps aside after Daily News report": William Bender of The Philadelphia Daily News has this report.
Posted at 10:18 PM by Howard Bashman


"Scalia asks if Supreme Court expresses nation's principles": The Associated Press has this report from Philadelphia.
Posted at 10:15 PM by Howard Bashman


"Reading the Tyson tea leaves: This case won't be vehicle for big class action changes." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 07:58 PM by Howard Bashman


"Obscure N.D. judge takes lead role in fight over Obama rule": Jeremy P. Jacobs and Annie Snider of Greenwire have an article that begins, "With the stroke of his pen, Ralph Erickson catapulted himself to the center of a decades-long politically charged battle over the country's foremost water law."
Posted at 07:55 PM by Howard Bashman


"U.S. justices' 2007 climate change ruling looms over immigration case": Lawrence Hurley of Reuters has this report.
Posted at 07:53 PM by Howard Bashman


"Supreme Court Landmark Case Korematsu v. United States": C-SPAN has posted the video of this Monday's broadcast, featuring Peter Irons and Karen Korematsu, at this link.
Posted at 03:04 PM by Howard Bashman


"Brent Dickson to leave Indiana Supreme Court after three decades; Former Chief Justice Brent Dickson is the second-longest-serving justice in the state's history": Kristine Guerra of The Indianapolis Star has this report.
Posted at 01:38 PM by Howard Bashman


"The Common Law in the Supreme Court": Law professor Richard Epstein has this post online at Ricochet.
Posted at 01:33 PM by Howard Bashman


"Pat Toomey Is Holding Up His Own Judicial Nominees. Again. It's part of a pattern of Republicans delaying votes on Obama's court picks." Jennifer Bendery of The Huffington Post has this report.
Posted at 01:28 PM by Howard Bashman


"Google defeats most claims in browser tracking lawsuit": Jonathan Stempel of Reuters has this report.

And at Wired.com, Andy Greenberg has a post titled "Court Says Tracking Web Histories Can Violate Wiretap Act."

You can access yesterday's 60-page ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 01:25 PM by Howard Bashman



"Minow Champions Affirmative Action in Amici Brief": The Harvard Crimson has this report.

You can view the amicus brief, on which Carter G. Phillips is counsel of record, at this link.
Posted at 11:38 AM by Howard Bashman



"Sioux Falls welcomes 'Sonia Sotomayor Elementary'; Members of the naming committee were drawn to Sotomayor's impressive background": The Argus Leader of Sioux Falls, South Dakota has an article that begins, "The new Spanish immersion school in Sioux Falls will be named after the first Hispanic to serve on the United States Supreme Court."
Posted at 11:07 AM by Howard Bashman


"Supreme Court Shields Police From Juries": Law professor Noah Feldman has this essay online at Bloomberg View.

And online at Slate, Mark Joseph Stern has a jurisprudence essay titled "Sonia Sotomayor Takes a Stand Against Police Brutality; In a stunning dissent, the justice condemns the 'culture' of deadly force."
Posted at 11:03 AM by Howard Bashman



"Ex-justice: State Supreme Court voted to strike ban on gay marriage." The Arkansas News Bureau has this report.
Posted at 08:57 AM by Howard Bashman


"Harvard Law Review releases Supreme Court issue": Harvard Law Today has this report.

You can access the contents of the November 2015 issue of the Harvard Law Review via this link.
Posted at 08:54 AM by Howard Bashman



"The Supreme Court Is About To Consider A Case That Could End Roe V. Wade": Ian Millhiser has this post at ThinkProgress.
Posted at 08:50 AM by Howard Bashman


"A warrant without warrant: or, the magistrate's reach." Benjamin Gould has this post at his "Appellate Briefs" blog about a ruling that the U.S. Court of Appeals for the Tenth Circuit issued yesterday.

The decision is worth a look, among other reasons, because Circuit Judge Neil M. Gorsuch issued an opinion concurring in the judgment.
Posted at 08:32 AM by Howard Bashman



"Glaring conflict in Porngate probe?" William Bender of The Philadelphia Daily News has this article today.
Posted at 08:14 AM by Howard Bashman


Tuesday, November 10, 2015

"Appeals court halts order NSA says would shutter surveillance program": Josh Gerstein of Politico.com has this blog post.
Posted at 06:20 PM by Howard Bashman


"Supreme Court Hears Tyson Foods Class-Action Labor Case": Adam Liptak of The New York Times has this news update.

Richard Wolf of USA Today reports that "Justices tilt toward workers in dressing time fight."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Likely to Uphold Wage Suit Against Tyson Foods; Tyson case is part of business push to further rein in class-actions."

Mark Sherman of The Associated Press reports that "Justices skeptical of Tyson Foods in class-action case."

Lawrence Hurley of Reuters reports that "U.S. justices skeptical toward Tyson class action appeal."

Greg Stohr of Bloomberg News reports that "Tyson Gets Skepticism at High Court on Class Action Award."

At "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: Big test of class action -- maybe not so big."

And at Forbes.com, Daniel Fisher has a post titled "Class-Action Challenge Fizzles At Supreme Court As Justices Debate Minutiae."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146.
Posted at 06:14 PM by Howard Bashman



"Obama appeals to Supreme Court to save his immigration plan": The Associated Press has a report that begins, "The Obama administration will ask the Supreme Court to save the president's plan to shield as many as 5 million immigrants living in the country illegally from deportation, after lower courts blocked it."
Posted at 12:10 PM by Howard Bashman


"Shirley Abrahamson drops legal effort to regain chief justice post": Patrick Marley of The Milwaukee Journal Sentinel has this report.
Posted at 12:05 PM by Howard Bashman


Monday, November 9, 2015

"Appeals court: State can try 'Angola 3' inmate a 3rd time." The Associated Press has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today.
Posted at 08:42 PM by Howard Bashman


"Appeals court rules against Obama immigration plan": The Associated Press has this report.

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 08:29 PM by Howard Bashman



"Briefly Noted: Notorious RBG, by Irin Carmon and Shana Knizhnik (Dey Street)." From the November 16, 2015 issue of The New Yorker, which you can access at this link.
Posted at 02:30 PM by Howard Bashman


"The Supreme Court and Contraceptive Coverage -- Take 2": Gregory M. Lipper recently had this post at the "Bill of Health" blog of Harvard Law's Petrie-Flom Center.

And yesterday at "Balkinization," Marty Lederman had a post titled "Who is the 'Zubik' in Zubik v. Burwell . . . and why is he allegedly complicit in the use of contraception?"
Posted at 01:44 PM by Howard Bashman



"Cameras in the Supreme Court": Professor Ronald D. Rotunda has this essay online today at Justia.com's Verdict.
Posted at 01:40 PM by Howard Bashman


"Tennessee appellate courts lack diversity, raising concerns; More than three-quarters of Tennessee's appeals court judges are white men": Stacey Barchenger has this front page article in today's edition of The Tennessean.

And in related coverage, Owen Bowcott of The Guardian (UK) has an article headlined "Lady Hale: supreme court should be ashamed if diversity does not improve; UK's only female supreme court judge criticises all-male, all-white appointments and says a search committee should be set up to find candidates."
Posted at 01:30 PM by Howard Bashman



"Supreme Court Sides With Police Officer Who Shot Man in Car Chase": Adam Liptak of The New York Times has this news update.

And David G. Savage of The Los Angeles Times reports that "Supreme Court gives police using deadly force in chases more immunity."
Posted at 01:25 PM by Howard Bashman



"Locking in Votes and Doling Out 'Dogs': How Roberts Assigns Opinions." Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.

And online at The Washington Post, Robert Barnes has an article headlined "Chief justice favors some when assigning court's major decisions."

Both articles discuss law professor Richard J. Lazarus's Harvard Law Review Forum commentary posted online today titled "Back to 'Business' at the Supreme Court: The 'Administrative Side' of Chief Justice Roberts."
Posted at 01:15 PM by Howard Bashman



"U.S. Supreme Court declines to hear Cleveland's jock tax lawsuit": The Cleveland Plain Dealer has this news update.
Posted at 01:00 PM by Howard Bashman


"Birth Control Is Back Before The Supreme Court. Liberals Could Win This Time." Ian Millhiser has this post today at ThinkProgress.
Posted at 11:30 AM by Howard Bashman


"The Right Leader for New York's Courts": Today's edition of The New York Times contains an editorial that begins, "The job of running New York State's highest court is open once again, and Gov. Andrew Cuomo has an important decision to make in filling it."

According to the editorial, a certain former D.C. Circuit nominee now at Gibson, Dunn & Crutcher is under consideration for the post (not him, but her).
Posted at 11:28 AM by Howard Bashman



If you prefer your coverage of the U.S. Supreme Court with a British accent (and frankly who doesn't): This morning's broadcast of C-SPAN's "Washington Journal" included a segment titled "Supreme Court Contraception Ruling" featuring Lawrence Hurley of Reuters.
Posted at 11:22 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.

In Mullenix v. Luna, No. 14-1143, the Court issued a per curiam summary reversal. Justice Antonin Scalia issued an opinion concurring in the judgment. And Justice Sonia Sotomayor issued a dissenting opinion.

In early news coverage, The Associated Press reports that "High court sides with state trooper over fatal shooting"; "High court won't hear challenge over nonprofit donor lists"; and "High court rejects Cleveland's appeal over 'jock tax.'"

And Lawrence Hurley of Reuters reports that "U.S. Supreme Court rejects cellphone search warrant case" and "U.S. top court allows Apotex to pursue generic version of Daiichi drug."
Posted at 09:39 AM by Howard Bashman



Sunday, November 8, 2015

"9th Circuit addresses senility among federal judges head on": The Associated Press has this report.
Posted at 11:12 AM by Howard Bashman


Saturday, November 7, 2015

"Defining 'One Person, One Vote': The Supreme Court Returns to the Political Thicket." Evan Bernick has this blog entry online at The Huffington Post.
Posted at 02:03 PM by Howard Bashman


"A Republican Can Kill Obamacare. Will He?" Francis Wilkinson has this essay online at Bloomberg View.
Posted at 02:01 PM by Howard Bashman


"Birth control case headed to high court; Diocese, others oppose provision in Obamacare": Dan Majors has this front page article in today's edition of The Pittsburgh Post-Gazette.

In today's edition of The Pittsburgh Tribune-Review, Aaron Aupperlee has a front page article headlined "High court to hear Western Pennsylvania Obamacare challenges."

Chris Casteel of The Oklahoman reports that "Oklahoma challengers involved again in challenge to Affordable Care Act."

The Deseret News reports that "Supreme Court takes on religious freedom challenge to Obamacare -- again."

Warren Richey of The Christian Science Monitor has an article headlined "Why Supreme Court is taking up Obamacare contraceptive mandate again; By agreeing Friday to hear a new case on the Obama contraception mandate, the Supreme Court will consider a different aspect of religious freedom and workers' rights."

Cristian Farias of The Huffington Post reports that "The Supreme Court Is All Set To Hear The Next 'Hobby Lobby' Case; The sequel to the 2014 case involves a group of religious nonprofits that don't want to sign a form."

Online at The Atlantic, Emma Green has an article headlined "The Little Sisters of the Poor Are Headed to the Supreme Court; The justices will take on a complicated set of cases related to the birth-control mandate in the Affordable Care Act." And law professor Garrett Epps has an essay titled "The Affordable Care Act Reaches the U.S. Supreme Court, Again; A group of religious non-profits will challenge contraceptive coverage in a set of cases that echo Burwell vs. Hobby Lobby Stores."

Online at Slate, Dahlia Lithwick has a jurisprudence essay titled "The Little Sisters of the Poor Get Their Day at the Supreme Court; Is opting out of part of the Affordable Care Act a religious burden?"

And online at Bloomberg View, Megan McArdle has an essay titled "A Birth-Control Morality Play Comes to Supreme Court."
Posted at 01:54 PM by Howard Bashman



"Judge Posner on Judging, Birthright Citizenship, and Precedent": Josh Blackman has this post at his blog.

I'm looking forward to seeing Josh next week when I will be in Washington, DC from Thursday through Sunday attending the 2015 Appellate Judges Education Institute Summit.
Posted at 01:30 PM by Howard Bashman



"Argument preview: New woe for class-action lawsuits?" Lyle Denniston has this post today at "SCOTUSblog."
Posted at 01:26 PM by Howard Bashman


Friday, November 6, 2015

"Questions Rachel Maddow Should Ask the Democrats Running for President: How they think about the Supreme Court could be their most important qualification." Dahlia Lithwick has this jurisprudence essay online today at Slate.
Posted at 04:52 PM by Howard Bashman


"Supreme Court: Personalized license plates are government speech; Indiana Supreme Court justices agreed with the BMV that personalized license plates are a form of government speech, not a person's speech protected by the First Amendment." Kristine Guerra of The Indianapolis Star has this news update.

And The Associated Press reports that "Indiana Supreme Court rules against officer's '0INK' plate."

You can access today's unanimous ruling of the Supreme Court of Indiana at this link.
Posted at 02:55 PM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: At this link. The Court granted review in ten cases, seven of which have been consolidated for consideration into a single case.

In early news coverage, Adam Liptak of The New York Times reports that "Supreme Court to Hear New Case on Contraception and Religion."

Robert Barnes of The Washington Post reports that "Supreme Court accepts challenge to health law's contraceptive mandate."

David G. Savage of The Los Angeles Times reports that "U.S. Supreme Court dives back into the fight over contraceptives and Obamacare."

Richard Wolf of USA Today reports that "Supreme Court agrees to rule on birth control insurance mandate."

Brent Kendall and Louise Radnofsky of The Wall Street Journal report that "Supreme Court to Review Contraception Compromise in Health Law; High court to determine if rule for providing birth control is at odds with religious-freedom law."

Tom Howell Jr. of The Washington Times reports that "Supreme Court to hear challenges to Obamacare birth control mandate."

Mark Sherman of The Associated Press has a report headlined "4th Supreme Court go-round for 5-year-old Obama health law."

Lawrence Hurley of Reuters reports that "U.S. justices to hear religious objection to Obamacare contraception coverage."

Greg Stohr of Bloomberg News reports that "Religious Objections on Obamacare Get U.S. Supreme Court Review."

Ariane de Vogue of CNN.com reports that "Supreme Court to hear new challenge to Obamacare contraception mandate."

Jennifer Haberkorn of Politico.com reports that "Supreme Court to take up challenge to Obamacare's contraception mandate."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to hear birth-control challenges."
Posted at 01:45 PM by Howard Bashman



"Miss. Supreme Court rules same-sex divorce legal": In today's edition of The Clarion-Ledger of Jackson, Mississippi, Anna Wolfe has a front page article that begins, "The Mississippi Supreme Court today acknowledged the divorce of a same-sex couple under Obergefell v. Hodges, the U.S. Supreme Court ruling that legalized same-sex marriage. In the process, two justices made claims that states may not have to follow U.S. Supreme Court rulings when they believe the court is creating policy as opposed to interpreting the law."

And The Associated Press reports that "Mississippi Supreme Court narrowly grants same-sex divorce."

You can access yesterday's 5-to-4 ruling of the Supreme Court of Mississippi at this link.
Posted at 01:22 PM by Howard Bashman



"Michigan women central to US gay marriage case adopt kids": The Associated Press has this report.
Posted at 01:06 PM by Howard Bashman


"Should noncitizens be protected from excessive force at border? Supreme Court to consider case." Joseph Tanfani, Brian Bennett and David G. Savage of The Los Angeles Times have an article that begins, "The Supreme Court will consider Friday whether the family of a Mexican teenager shot and killed just across the border can sue the U.S. Border Patrol agent who pulled the trigger."
Posted at 01:02 PM by Howard Bashman


Fifth Circuit grants rehearing en banc in fraudulent joinder case: You can access yesterday's order of the U.S. Court of Appeals for the Fifth Circuit granting rehearing en banc at this link.

And the original three-judge panel's 2-to-1 ruling can be accessed here.
Posted at 08:50 AM by Howard Bashman



Thursday, November 5, 2015

"Official: FOIA worries dampen requests for formal legal opinions." Josh Gerstein of Politico.com has this blog post today.
Posted at 05:50 PM by Howard Bashman


"Big businesses back affirmative action before U.S. Supreme Court": Lawrence Hurley of Reuters has this report.
Posted at 05:47 PM by Howard Bashman


"U.S. appeals court strikes Florida law barring credit card surcharges": Jim Saunders of the News Service of Florida has an article that begins, "Pointing to the First Amendment, a federal appeals court has struck down a Florida law that bars businesses from imposing a 'surcharge' on customers who pay with credit cards."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit -- in which a senior judge sitting by designation from the U.S. Court of Appeals for the D.C. Circuit provided the deciding vote -- at this link.
Posted at 05:44 PM by Howard Bashman



"Thomas Fitzgerald, former Illinois Supreme Court chief justice, dies at 74": This obituary appeared in yesterday's edition of The Chicago Tribune.
Posted at 11:55 AM by Howard Bashman


"Apple Thinks It Can Win This Case at the Supreme Court": Philip Elmer-DeWit has this post online at Fortune.

You can view Apple's petition for writ of certiorari at this link.
Posted at 11:37 AM by Howard Bashman



"Will State Courts Fill a Void on Voting Rights? As the U.S. Supreme Court backs away from protecting the right to vote, state judges are looking toward their constitutions." Law professor Joshua A. Douglas has this essay online today at The Atlantic.
Posted at 11:33 AM by Howard Bashman


"Wanted: Supreme Court Justices With Grit." Evan Bernick has this blog entry online at The Huffington Post.
Posted at 11:30 AM by Howard Bashman


"Porn scandal: Top prosecutor keeps releasing raunchy emails." The Associated Press has this report from Pennsylvania.
Posted at 11:27 AM by Howard Bashman


"Arbitration Is Everywhere and Not All Bad": Law professor Stephen L. Carter has this essay online at Bloomberg View.
Posted at 11:25 AM by Howard Bashman


"California Law Adds New Twist To Abortion, Religious Freedom Debate": This audio segment appeared on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 11:23 AM by Howard Bashman


"Leaked DHS memo shows Obama might circumvent DAPA injunction": On Monday, Ian M. Smith had this blog post online at The Hill.
Posted at 11:20 AM by Howard Bashman


"Just How Much Gerrymandering Is Unconstitutional? Wisconsin Plaintiffs Want the Supreme Court to Rule; Advocacy groups and plaintiffs pushing a Wisconsin lawsuit, as well as political scientists around the country, hope to establish a standard for just how much politicians should be allowed to gerrymander political maps." Jack Fitzpatrick of National Journal has this report.
Posted at 11:17 AM by Howard Bashman


"Term limits considered for Florida Supreme Court justices, appeals judges": The Miami Herald has this report.
Posted at 11:12 AM by Howard Bashman


"Scalia Sticks Up for a Child Pornography Convict: Nino still has a few surprises left in him." Mark Joseph Stern has this Supreme Court dispatch online at Slate.
Posted at 11:11 AM by Howard Bashman


"Constitution Check: Which birth control case will the Supreme Court choose?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:09 AM by Howard Bashman


"Impact of Pa. Supreme Court election will be 'felt for the next 20 years'": Wallace McKelvey has this front page article in today's edition of The Patriot-News of Harrisburg, Pennsylvania.

In today's edition of The Pittsburgh Post-Gazette, Chris Potter has a front page article headlined "Dems outspent, outhustled GOP in statewide judicial races, observers say."

Melissa Daniels of The Pittsburgh Tribune-Review reports that "Donations from lawyers, labor fuel wins for Dems in Pa. Supreme Court race."

And Steve Esack of The Morning Call of Allentown, Pennsylvania has an article headlined "Valley and Philly burbs sweep Democrats into state Supreme Court."
Posted at 11:08 AM by Howard Bashman



"Liberty student's mother asks U.S. Supreme Court to review delayed drowning decision": Peter Hall has this article in today's edition of The Morning Call of Allentown, Pennsylvania.
Posted at 09:10 AM by Howard Bashman


"The Supreme Court's opportunity to tackle sinister trends": Columnist George F. Will has this op-ed in today's edition of The Washington Post.
Posted at 09:06 AM by Howard Bashman


"The Supreme Court Could Take Its First Abortion Case In 9 Years; Here are some clues to how the justices might approach a major case from Texas": Samantha Lachman of The Huffington Post has this report today.
Posted at 08:59 AM by Howard Bashman


"Scalia Takes on Katzmann in Statutory Interpretation Smackdown": Jess Bravin had this post yesterday at WSJ.com's "Law Blog."
Posted at 08:39 AM by Howard Bashman


Wednesday, November 4, 2015

"St. Paul's School and a New Definition of Rape": Law professor Jeannie Suk has this post online at The New Yorker.
Posted at 05:40 PM by Howard Bashman


"More than a decade after release, they all come back: Silvestre Segovia had vowed that he would never return to solitary confinement." Kevin Johnson of USA Today has this report.
Posted at 05:06 PM by Howard Bashman


"Democrats take control of state Supreme Court, win all 3 open seats": Chris Potter has this front page article in today's edition of The Pittsburgh Post-Gazette. The newspaper also has articles headlined "Dubow captures Superior Court seat" and "Wojcik defeats Lalley for Commonwealth Court seat."

Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania has an article headlined "Democrats sweep Pa. judicial races, including Supreme Court."

And NewsWorks reports that "Democrats sweep Pa. Supreme Court race."
Posted at 05:02 PM by Howard Bashman



"Court refuses to toss out evidence in child porn conviction": The Associated Press has this report.

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Navy Illegally Aided Civilian Police in Child Porn Case."

You can access today's ruling of an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit -- consisting of a majority opinion, two concurring opinions, and two opinions concurring in the judgment -- at this link.

Readers may recall the original divided three-judge panel's opinion, which applied the Posse Comitatus Act to order suppression of the evidence.
Posted at 04:32 PM by Howard Bashman



"Mexico's Supreme Court Opens Door to Legalizing Marijuana Use": Elisabeth Malkin and Azam Ahmed of The New York Times have this news update.

And The Associated Press reports that "Mexico supreme court opens door to recreational pot use."
Posted at 04:07 PM by Howard Bashman



Tuesday, November 3, 2015

"Democrats joyful over clean sweep of 3 open seats on Pennsylvania Supreme Court": The Associated Press has this report.

Chris Palmer of The Philadelphia Inquirer has a news update headlined "Dougherty, Dems, sweep historic Supreme Court race."

And The Pittsburgh Tribune-Review has a news update headlined "Democrats post strong leads in PA Commonwealth, Superior court races."

You can access the statewide Pennsylvania judicial election results via this link.
Posted at 10:55 PM by Howard Bashman



"U.S. justices skeptical of immigrant's deportation 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 Torres v. Lynch, No. 14-1096.
Posted at 10:40 PM by Howard Bashman



"Death Penalty Foes Split Over Taking Issue to Supreme Court": Adam Liptak will have this article in Wednesday's edition of The New York Times.
Posted at 10:26 PM by Howard Bashman


"Democrats poised to sweep Pennsylvania Supreme Court race": Melissa Daniels of The Pittsburgh Tribune-Review has this news update.

Frequently updated official election results can be accessed via this link.
Posted at 10:20 PM by Howard Bashman



"Kentucky clerk Kim Davis appeals order that put her in jail": The Associated Press has this report.

Earlier today, I had this post linking to an online copy of the brief.
Posted at 06:09 PM by Howard Bashman



"Redskins: US has registered plenty of 'offensive' trademarks." The Associated Press has this report.

Ian Shapira of The Washington Post has an article headlined "'Take Yo Panties Off' defense: Redskins cite other protected products in trademark appeal."

The Hill has a report headlined "Redskins: Trademark cancellations violate the First Amendment."

The Guardian (UK) reports that "Washington highlight porn sites to defend 'Redskins' name."

Vice Sports has a post titled "Washington's Bid to Save Racist Trademark: 'Take Yo Panties Off' Clothing Can Do It, Why Can't We?"

And online at Sports Illustrated, the "Extra Mustard" blog has a post titled "We called the companies that the Redskins called offensive."

In this post from yesterday evening, I linked to the opening brief on appeal that the Washington Redskins filed Monday in the U.S. Court of Appeals for the Fourth Circuit.
Posted at 06:04 PM by Howard Bashman



"US Supreme Court to hear law student's redistricting case": The Associated Press has this report.
Posted at 05:54 PM by Howard Bashman


"Supreme Court Sits as the Grammar Police": Law professor Noah Feldman has this essay online today at Bloomberg View.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Lockhart v. United States, No. 14-8358.
Posted at 05:52 PM by Howard Bashman



"Race for Pennsylvania Supreme Court Breaks Spending Record": Joe Palazzolo has this post today at WSJ.com's "Law Blog."

And today at ThinkProgress, Ian Millhiser has a post titled "Scandal, Explicit Emails, Behind The Most Expensive Supreme Court Race In American History."

Polls in Pennsylvania close at 8 p.m. eastern time tonight, and "How Appealing" plans on covering the election results this evening for the three open seats on Pennsylvania's highest court.
Posted at 05:18 PM by Howard Bashman



"Pa. Supreme Court sends review of Justice Eakin's email to conduct board": Karen Langley has this front page article in today's edition of The Pittsburgh Post-Gazette.

In today's edition of The Philadelphia Inquirer, Angela Couloumbis and Craig R. McCoy have a front page article headlined "No high court discipline for Justice Eakin on offensive emails."

In today's edition of The Patriot-News of Harrisburg, Pennsylvania, Charles Thompson has a front page article headlined "Supreme Court's special counsel says Justice Eakin's emails don't warrant emergency action."

In today's edition of The Pittsburgh Tribune-Review, Brad Bumsted has a front page article headlined "Report: Ethics board, not Pa. high court, should evaluate justice emails."

And The Associated Press reports that "PA Supreme Court defers probe over jurist's emails made public by Kathleen Kane to ethics probe."

Yesterday, the Administrative Office of Pennsylvania Courts issued this media advisory and also posted online the Report of Special Counsel, a Statement by Justice Todd, and a Statement by Justice Stevens.
Posted at 02:25 PM by Howard Bashman



"A 'view' from the Courtroom: Let's do the Time Warp again." Mark Walsh has this post at "SCOTUSblog."
Posted at 11:22 AM by Howard Bashman


"Supreme Court Landmark Case Schenck v. United States": C-SPAN has posted the video of last night's broadcast, featuring Tom Goldstein, at this link.
Posted at 11:18 AM by Howard Bashman


Rowan County, Kentucky clerk Kim Davis files opening brief on appeal to Sixth Circuit: You can access the brief, filed yesterday, via this link.
Posted at 10:06 AM by Howard Bashman


"In Religious Arbitration, Scripture Is the Rule of Law": This lengthy front page article appears in today's edition of The New York Times, the third and final part of a three-part series titled "Beware the Fine Print."

And yesterday, the "Institute for Legal Reform" blog of the U.S. Chamber of Commerce had a post titled "Dog Bites Man: New York Times Prefers Lawyer-Controlled Class Actions over Fair Arbitration that Enables Individuals to Protect Themselves."
Posted at 09:36 AM by Howard Bashman



Monday, November 2, 2015

The Washington Redskins filed its Brief for Appellant in the Fourth Circuit last Friday in the team's trademark revocation appeal: You can access the brief online at this link.

Lisa S. Blatt is the team's lead counsel on appeal. The brief, which advances a very compelling argument for reversal, had three words to spare, weighing in at a mere 13,997 words.
Posted at 07:54 PM by Howard Bashman



"Supreme Court to Decide if Georgia Went Too Far in Excluding Black Jurors": Adam Liptak will have this article in Tuesday's edition of The New York Times.

David G. Savage of The Los Angeles Times reports that "Supreme Court considers racial bias in jury selection."

Richard Wolf of USA Today reports that "Supreme Court justices criticize racial bias in jury selection."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Justices Fault Rejection of Blacks in Jury-Selection Case; Case centers on 1987 murder trial in which prosecutors trying black defendant struck blacks from jury."

Lawrence Hurley of Reuters reports that "U.S. top court wrestles with black death row inmate's jury claim."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Weighs 1987 Conviction By All-White Jury."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: To decide, or not -- that is the question."
Posted at 07:38 PM by Howard Bashman



"Justices Hear Debate on Suing Companies for Seemingly Harmless Falsehoods": Adam Liptak will have this article in Tuesday's edition of The New York Times.

In Tuesday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court split in dispute over faulty information posted online."

David G. Savage of The Los Angeles Times reports that "Supreme Court may limit class-action lawsuits against tech industry."

Richard Wolf of USA Today has an article headlined "Who can sue for injury? Issue divides Supreme Court along ideological lines."

Brent Kendall of The Wall Street Journal reports that "Spokeo Case Stirs Supreme Court; The case involving the people-search website could have broad implications for class-action lawsuits."

And online at Bloomberg View, law professor Noah Feldman has an essay titled "You've Got the Wrong Guy. Can I Sue?"
Posted at 07:30 PM by Howard Bashman



"Who Pays the Price for the First Amendment? The Constitution protects the hateful speech, but the burdens of such speech are unequally distributed." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 07:08 PM by Howard Bashman


"On This Day, Time Not on Justices' Side": Jess Bravin has this post today at WSJ.com's "Law Blog."
Posted at 03:04 PM by Howard Bashman


"Justice Kennedy Heed Justice Kennedy: Money Buys Influence." Rick Hasen has this post today at his "Election Law Blog."
Posted at 01:57 PM by Howard Bashman


"Texas Supreme Court Chief Justice argues for following federal court decisions": The Daily Texan has this report.
Posted at 01:48 PM by Howard Bashman


"Defending Affirmative Action": Scott Jaschik has this post today at Inside Higher Ed.
Posted at 01:46 PM by Howard Bashman


"The Worst Supreme Court Justice in History?" Sean Braswell has this post today at OZY.
Posted at 01:44 PM by Howard Bashman


"NRA Hired Gun Targets Assault Weapons Ban": Kenneth Jost had this post yesterday at his blog, "Jost on Justice."
Posted at 01:42 PM by Howard Bashman


"Supreme Court troubled by DA's rejection of black jurors": Mark Sherman of The Associated Press has this report.

Bill Rankin of The Atlanta Journal-Constitution has a blog post titled "U.S. Supreme Court considers race discrimination in Georgia death case."

And Chris Geidner of BuzzFeed News reports that "Supreme Court Questions How To Handle Jury Selection Discrimination Case; Questions of procedure bogged down nearly half of the hour-long arguments."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Foster v. Chatman, No. 14-8349.
Posted at 01:38 PM by Howard Bashman



"Supreme Court Clerks Flocking to Jones Day": Sara Randazzo has this post today at WSJ.com's "Law Blog."
Posted at 01:33 PM by Howard Bashman


"Supreme Court Justices Suggest They May Limit Consumer Suits": Greg Stohr of Bloomberg News has this report.

Lawrence Hurley of Reuters reports that "U.S. justices divided over class action suit against Spokeo."

And The Associated Press reports that "Dispute over Internet data collection splits high court."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Spokeo, Inc. v. Robins, No. 13-1339.
Posted at 01:30 PM 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.

In early news coverage, The Associated Press reports that "High court won't hear appeal on mortgage ratings"; "High court won't hear appeal over use of Bob Marley's image"; "High court won't hear appeal from Miss. death row inmate"; and "High court rejects ex-stockbroker's appeal in fraud case."

And Lawrence Hurley of Reuters reports that "U.S. top court won't hear satellite TV providers' claim on state taxes."
Posted at 09:35 AM by Howard Bashman



"Millions from special interest groups pour into Pa. Supreme Court justice race": Peter Hall and Eugene Tauber have this front page article in today's edition of The Morning Call of Allentown, Pennsylvania.
Posted at 08:14 AM by Howard Bashman


"Supreme Court weighing whether to take up Highland Park assault weapon ban": Dahleen Glanton has this front page article in today's edition of The Chicago Tribune.
Posted at 08:11 AM by Howard Bashman


"D.C. law student takes case against Md. gerrymandering to Supreme Court": Robert Barnes has this front page article in today's edition of The Washington Post.
Posted at 08:09 AM by Howard Bashman


"Supreme Court Takes On Racial Discrimination In Jury Selection": On today's broadcast of NPR's "Morning Edition," Nina Totenberg had this audio segment.

And today's edition of The New York Times contains an editorial titled "Excluding Blacks From Juries."
Posted at 07:54 AM by Howard Bashman



"In Arbitration, a 'Privatization of the Justice System'": This lengthy front page article appears in today's edition of The New York Times, the second part of a three-part series titled "Beware the Fine Print."
Posted at 07:48 AM by Howard Bashman


Sunday, November 1, 2015

"Supreme Court takes up racial discrimination in jury selection": Richard Wolf of USA Today has this report.

In today's edition of The Atlanta Journal-Constitution, Bill Rankin has a front page article headlined "High court considers race discrimination in Georgia death case."

Warren Richey of The Christian Science Monitor reports that "Supreme Court case offers glimpse at role of race in jury selection; The Supreme Court will hear arguments Monday on whether Georgia prosecutors threw out potential jurors because they were black; Research points to concerns that go far beyond the case."

And Cristian Farias of The Huffington Post reports that "Racism Is Rampant In Jury Selection; The Supreme Court Can't Fix It; The Constitution prohibits excluding jurors on the basis of race, but there isn't much the justices can do to remedy that."
Posted at 09:42 PM by Howard Bashman



"Election 2015: State Supreme Court key race in low-turnout year; Tuesday's vote will fill spots in appeals and county courts, plus a hotly contested seat in state Senate." Chris Potter has this article in today's edition of The Pittsburgh Post-Gazette.

And in today's edition of The Pittsburgh Tribune-Review, Melissa Daniels has an article headlined "Pennsylvania Supreme Court election will change course of history."
Posted at 09:35 PM by Howard Bashman



"Will the Roberts court abolish capital punishment?" Lydia Wheeler of The Hill has this report.
Posted at 09:27 PM by Howard Bashman


"The Law of the Lands: How the U.S. Supreme Court Engages With the World." Seventh Circuit Judge Richard A. Posner has this review of Justice Stephen Breyer's new book, "The Court and the World: American Law and the New Global Realities," in the November/December 2015 issue of Foreign Affairs magazine.
Posted at 07:54 PM by Howard Bashman


"Supreme Court case pits privacy rights against Internet data brokers": David G. Savage will have this article in Monday's edition of The Los Angeles Times.

Today's edition of The New York Times contains an editorial titled "Justices Should Let an Online Privacy Case Proceed."

Monday's edition of The Wall Street Journal will contain an editorial titled "Inventing Class Actions: The Supreme Court will decide if plaintiffs can sue without real injury." You can freely access the full text of the editorial via Google.

And in today's edition of The Wilmington News Journal, law professor Alan Garfield has an essay titled "The impact of 'standing' is anything but boring."
Posted at 07:35 PM by Howard Bashman



"At the top of the ballot, voters statewide will fill three seats on the Pennsylvania Supreme Court. It's the most vacancies there since colonial days, and political control of the powerful court, where the GOP has had a majority for 16 years, is up for grabs." So reports Chris Brennan in a front page article headlined "As some races seem over already, others are up for grabs" in today's edition of The Philadelphia Inquirer.
Posted at 01:18 PM by Howard Bashman


"Tech firms on alert as U.S. top court takes up class action case": Lawrence Hurley of Reuters has this report today.
Posted at 01:02 PM by Howard Bashman






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