How Appealing

Thursday, December 31, 2015

"Chief Justice's Report Praises Limits on Litigants' Access to Information": Adam Liptak will have this article in Friday's edition of The New York Times.
Posted at 11:32 PM by Howard Bashman


"Who Needs Black Robes? Not Judges." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:26 PM by Howard Bashman


"State high court wrangles on Judicial Commission appointment": Patrick Marley of The Milwaukee Journal Sentinel has an article that begins, "The Wisconsin Supreme Court is in a fight over who to put on the commission that polices judicial misconduct, with two justices contending the voting process has been chaotic and with Chief Justice Patience Roggensack declining to make the ballots public, at least for now."
Posted at 11:22 PM by Howard Bashman


"The Supreme Court Had A Landmark Year. Here Are Its Greatest Hits; And some sorry stumbles." Cristian Farias of The Huffington Post has this report.
Posted at 06:15 PM by Howard Bashman


Access online Chief Justice John G. Roberts, Jr.'s 2015 Year-End Report on the Federal Judiciary: At this link.

In news coverage, Robert Barnes of The Washington Post reports that "Roberts urges lawyers, judges to help improve 'contentious' federal system."

David G. Savage of The Los Angeles Times reports that "Chief Justice Roberts' year-end report urges federal judges to pick up the pace."

Richard Wolf of USA Today reports that "Supreme Court's chief justice seeks faster, fairer, more efficient system."

Joan Biskupic of Reuters reports that "U.S. chief justice urges judges, lawyers to cooperate for speedier litigation."

The Associated Press has a report headlined "Roberts: Court rule changes should cut lawsuits' cost, time."

At WSJ.com's "Washington Wire" blog, Jess Bravin has a post titled "John Roberts Cites Duels in Explaining New Rules in 2015 Judicial Report."

And at "SCOTUSblog," Lyle Denniston has a post titled "Chief Justice wants less gamesmanship by lawyers."
Posted at 06:03 PM by Howard Bashman



"A Valuable Lesson in Protected Speech": Law professor Noah Feldman has this essay online at Bloomberg View.

And at "The Volokh Conspiracy," Eugene Volokh has a post titled "Okay to dismiss professional school students for expressing 'views . . . deemed not in alignment with standards set by' government authorities."
Posted at 05:55 PM by Howard Bashman



"Why the next Supreme Court vacancy will favor liberals, no matter who retires": Linda Hirshman has this essay online at The Washington Post.
Posted at 05:54 PM by Howard Bashman


"'Every woman's nightmare' loses appeal in bizarre home invasion case": Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this report on a non-precedential ruling that the Superior Court of Pennsylvania issued yesterday.
Posted at 01:45 PM by Howard Bashman


"Constitution Check: Does the First Amendment protect offensive trademarks?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:48 AM by Howard Bashman


"Seeking to Alter Jury Selection, Lawyer in Terror Case Cites Donald Trump's Muslim Remarks": Benjamin Weiser has this article in today's edition of The New York Times.
Posted at 11:46 AM by Howard Bashman


"Constitution Check: Who is right about Puerto Rico's self-governing status?" Lyle Denniston had this post recently at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:44 AM by Howard Bashman


"Court of Appeals Moves to Preserve Citations to Online Resources": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release today.
Posted at 08:56 AM by Howard Bashman


Wednesday, December 30, 2015

"Key Supreme Court Decisions Coming in 2016; Expected rulings on affirmative action, abortion and 'one person, one vote,' among others, will remind voters of the power of judicial appointments": Jess Bravin of The Wall Street Journal has this report.

You can freely access the full text of this article via Google.
Posted at 11:38 PM by Howard Bashman



"One Of The Biggest Losers Of 2015 Was An Entire Branch Of Government; Federal courts got screwed by Senate Republicans": Jennifer Bendery of The Huffington Post has this report today.
Posted at 09:26 PM by Howard Bashman


"Pa. Supreme Court justice must resign": The Erie Times-News has posted this editorial online today.

Today at the "Think Tank" blog of The Philadelphia Inquirer, Marc Bookman has a post titled "Eakin defense raises questions about potential bias."

And Brad Bumsted of The Pittsburgh Tribune-Review has a news update headlined "Special deputy examining emails should return hard drive, AG official says."
Posted at 09:20 PM by Howard Bashman



"U.S. seeks to head off new review of ACA individual mandate": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 03:24 PM by Howard Bashman


Tuesday, December 29, 2015

"Court right to judge Eakin's 'private' emails": This editorial appears in today's edition of LNP of Lancaster, Pennsylvania.
Posted at 10:40 PM by Howard Bashman


"Inside California's death row": Howard Mintz of The San Jose Mercury News has this report.
Posted at 09:44 PM by Howard Bashman


"Texas Urges Supreme Court to Reject Appeal on Obama's Immigration Program": Michael D. Shear will have this article in Wednesday's edition of The New York Times.

The Associated Press reports that "Texas asks US Supreme Court not to review immigration case."

And at "SCOTUSblog," Lyle Denniston has a post titled "States want wider immigration review, if Court takes case."

You can view at this link the brief in opposition that Texas filed today in the U.S. Supreme Court.
Posted at 09:22 PM by Howard Bashman



"Sweet Cakes owners pay damages while continuing appeal of $135,000 bias case": This article appears in today's edition of The Oregonian.
Posted at 02:44 PM by Howard Bashman


"Texas law sharply curbs access to abortion, clinics tell Supreme Court": Reuters has this report.
Posted at 01:34 PM by Howard Bashman


"We must delineate the scope of the University's authority to deny a teaching candidate's student teaching application on the basis of the candidate's speech." A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today issued its ruling in the case captioned Oyama v. Univ. of Hawaii.

Today's ruling goes against the student who asserted that his free speech rights had been violated.
Posted at 01:28 PM by Howard Bashman



"James McKinney update: Court to rehear appeal for Ariz. death row inmate." The Associated Press had this report back in March 2014.

Earlier, in September 2013, Cronkite News had an article headlined "Appeals court upholds death sentence in Phoenix-area burglary murders" reporting on the original three-judge Ninth Circuit panel's ruling in the case.

Today, one year and two weeks after the appeal was reheard before an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit, the court issued a 6-to-5 decision granting habeas relief in favor of the defendant.
Posted at 01:20 PM by Howard Bashman



"Shrimp Boy's Day in Court: What happened when one of San Francisco's most notorious underworld bosses tried to go clean." Elizabeth Weil had this article in the October 13, 2015 issue of The New York Times Magazine.

Today, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an order denying that criminal defendant's petition for writ of mandamus filed yesterday.
Posted at 01:08 PM by Howard Bashman



"Those Demanding Free Speech Limits to Fight ISIS Pose a Greater Threat to U.S. Than ISIS": Glenn Greenwald has this essay online today at The Intercept.
Posted at 11:45 AM by Howard Bashman


Monday, December 28, 2015

"New York Prisons Take an Unsavory Punishment Off the Table": Jesse McKinley had this article earlier this month in The New York Times.

And today, McKinley has a related item headlined "Goodbye, Prison Loaf: Reporter's Notebook."
Posted at 11:16 PM by Howard Bashman



"Campaign cash in state judicial elections grows": The Associated Press has this report.
Posted at 10:55 PM by Howard Bashman


"Tweeter Laureate rocks social media from judicial post; Justice Don Willett embraces social media": Peggy Fikac of The San Antonio Express-News has this report. You can freely access the full text of the article via Google.
Posted at 10:52 PM by Howard Bashman


"The Worst Civil Liberties Betrayals of 2015: These 10 problems make us less safe and less free." Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online today at Slate.
Posted at 10:09 PM by Howard Bashman


The film Machete Kills also bombs at the Fifth Circuit: Circuit Judge Catharina Haynes today issued this ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.
Posted at 10:00 PM by Howard Bashman


"Is sending porn illegal in Pennsylvania?" Today at NewsWorks, Dave Davies has a blog post that begins, "When Pennsylvania Supreme Court Justice Michael Eakin was facing suspension last week for the raunchy email on his private account, he apologized, but said at a hearing his conduct was 'not criminal.' Or was it?"
Posted at 09:27 PM by Howard Bashman


"Federal judge's ruling on evidence could fuel John Doe appeal to U.S. Supreme Court": Matthew DeFour of The Wisconsin State Journal has this report.
Posted at 09:24 PM by Howard Bashman


"U.S. Supreme Court Justice Antonin Scalia to speak at Rummel on Saturday": The New Orleans Advocate has this report.
Posted at 09:22 PM by Howard Bashman


"Cisco wins U.S. patent dispute over wifi technology": Reuters has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 08:24 PM by Howard Bashman


"Killer Mike's Supreme Court Brief": Gilad Edelman has this post today at The New Yorker.
Posted at 08:20 PM by Howard Bashman


In the January 2016 issue of ABA Journal magazine: Mark Walsh has an article headlined "Nonunion teachers seek relief from paying fees for collective bargaining."

Steven Seidenberg has an article headlined "Tug-of-war over interpretations of patent law continues between Federal Circuit and SCOTUS."

Brian Sullivan has an article headlined "These plaintiffs argue derogatory words can't hurt them."

Stephanie Francis Ward has an article headlined "FAA claims that airplane ride-arranging sites violate federal regulations."

Lorelei Laird has an article headlined "You can sue someone who broke into your email, but you'd better find proof fast."

Leslie A. Gordon has an article headlined "Florida Supreme Court orders judges to wear black robes."

Philip N. Meyer has an article headlined "Behavioral economist's work offers lessons for legal storytellers about judgment and decision-making."

And James Podgers has an article headlined "ABA's Ankerwycke imprint publishes books that show the 'flesh and blood' side of the law."
Posted at 08:16 PM by Howard Bashman



"Academic highlight: The 'first petition' effect and summer pool memos." Ronald Mann has this post today at "SCOTUSblog."

The paper that Mann's post is discussing -- "Seasonal Affective Disorder: Clerk Training and the Success of Supreme Court Certiorari Petitions" by William Blake, Hans Hacker, and Shon Hopwood -- can be accessed online via SSRN.
Posted at 07:58 PM by Howard Bashman



"Pentagon thwarts Obama's effort to close Guantanamo": Reuters has this report.
Posted at 02:57 PM by Howard Bashman


"Activists predict abortion will be a hot issue in campaigns": The Associated Press has this report. The article notes that "[t]he Supreme Court will be hearing arguments, probably in March, regarding a Texas law enacted in 2013 that would force numerous abortion clinics to close."
Posted at 08:14 AM by Howard Bashman


"Appeal filed in free speech case over anti-gay essay": The Associated Press has this report on a case scheduled for oral argument in January 2016 in the U.S. Court of Appeals for the Tenth Circuit.
Posted at 08:12 AM by Howard Bashman


Sunday, December 27, 2015

"ISIS Influence on Web Prompts Second Thoughts on First Amendment": Erik Eckholm will have this article in Monday's edition of The New York Times.
Posted at 10:33 PM by Howard Bashman


"So, there are going to be a lot of people older than 75 on the Supreme Court in 2017": Janell Ross has this entry today at the "Post Politics" blog of The Washington Post.
Posted at 09:00 PM by Howard Bashman


"Faces of 2015: Justice Jane Marum Roush, appointed to the Va. Supreme Court." Jim Nolan has this article in today's edition of The Richmond Times-Dispatch.
Posted at 08:57 PM by Howard Bashman


"Administration appeals refunds case to Supreme Court": The Pacific Daily News of Guam has an article that begins, "Gov. Eddie Calvo continues to challenge a federal court order that requires the government of Guam to pay tax refunds no later than six months after the tax-filing deadline. The governor's legal counsel Tuesday filed an emergency application with the U.S. Supreme Court to continue a stay on the government's mandate to pay the plaintiffs' attorney fees in the 2013 case."
Posted at 08:54 PM by Howard Bashman


"Gay marriage foes dig in for extended culture war after landmark Supreme Court ruling": Cheryl Wetzstein of The Washington Times had this report Monday.
Posted at 08:52 PM by Howard Bashman


"Supreme Court Justice Doubts Mass Internment Would Happen Again in US": ABC News has this report.

And you can view online a related ABC News video titled "Justice Stephen Breyer on Donald Trump, Civil Liberties and Retirement" in which Jonathan Karl interviews Justice Stephen G. Breyer.
Posted at 08:42 PM by Howard Bashman



"Judge Harry Pregerson, leaving the bench at 92, always followed his conscience": Maura Dolan has this front page article in today's edition of The Los Angeles Times.
Posted at 08:36 PM by Howard Bashman


"Tainted justice: Eakin's suspension is not enough; he should go." This editorial appears in today's edition of The Pittsburgh Post-Gazette.

Yesterday's edition of The Citizens' Voice of Wilkes-Barre, Pennsylvania contains an editorial titled "Eakin's credibility damaged beyond repair."

The Times Leader of Wilkes-Barre, Pennsylvania has an editorial titled "Offensive emails raise doubts about Pennsylvania Supreme Court justice's judgment."

And at NJ.com, Milton W. Hinton Jr. has an essay titled "Justice's crude emails point toward system failure."
Posted at 08:32 PM by Howard Bashman



Saturday, December 26, 2015

"The government's prepublication review process is broken": Law professors Jack Goldsmith and Oona A. Hathaway have this essay online at The Washington Post.
Posted at 08:44 PM by Howard Bashman


"Carter to release some detainee abuse photos, but withholds majority": Josh Gerstein had this blog post earlier this week at Politico.com.
Posted at 08:40 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: Lies We Tell Our Children." Aaron Nielson has this post today at the Yale Journal of Regulation.
Posted at 08:33 PM by Howard Bashman


"Alaska-US power struggle over moose hunter heads to the Supreme Court": Erica Martinson has this front page article in today's edition of Alaska Dispatch News.
Posted at 08:30 PM by Howard Bashman


"U.S. opposes new role for Puerto Rico": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 04:46 PM by Howard Bashman


"Attorney general urges court to uphold decision on Arlene's Flowers case": Yesterday's edition of The Tri-City Herald of Kennewick, Washington contained an article that begins, "The Washington Supreme Court should uphold a decision ordering a Richland florist shop to stop discriminating against same-sex couples, the state's attorney general said."
Posted at 03:12 PM by Howard Bashman


Friday, December 25, 2015

"McAuliffe: Ouster of Supreme Court appointee is Republican 'political tantrum.'" WTOP Radio of Washington, DC has this report.
Posted at 10:32 PM by Howard Bashman


"Is a BB gun a firearm? Minnesota Supreme Court will decide." Elizabeth Mohr had this article in Wednesday's edition of The Pioneer Press of St. Paul, Minnesota.
Posted at 10:08 PM by Howard Bashman


"Judging Tribal Courts: An alleged sexual assault on the Choctaw reservation has the Supreme Court asking whether non-Indians should face justice in the Indian court system." Yesterday evening, Slate posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 10:05 PM by Howard Bashman


"Security ramped up for mayor's inauguration with U.S. Supreme Court justice": The Times of Trenton, New Jersey has this report.
Posted at 09:58 PM by Howard Bashman


"Arlin Adams, Federal Judge Three Times on Supreme Court Short List, Dies at 94": This obituary will appear in Saturday's edition of The New York Times.
Posted at 09:55 PM by Howard Bashman


"Kansas Supreme Court strikes down judicial selection law; Ruling could set up showdown over funding for the courts": Jonathan Shorman had this article in yesterday's edition of The Topeka Capital-Journal.

Yesterday's edition of The Kansas City Star contained an article headlined "Kansas Supreme Court rules against Legislature in separation-of-powers case."

Yesterday's edition of The Wichita Eagle contained an article headlined "Kansas Supreme Court strikes down judicial selection law; court funding in doubt."

And yesterday's edition of The Lawrence Journal-World contained an article headlined "Kansas Supreme Court strikes down judicial selection law, putting funding for courts in jeopardy."

You can access Wednesday's ruling of the Supreme Court of Kansas at this link.
Posted at 09:06 PM by Howard Bashman



Thursday, December 24, 2015

"The Supreme Court's Diversity Dilemma": Linda Greenhouse has this essay online today at The New York Times.
Posted at 11:27 PM by Howard Bashman


"Americans Held Hostage in Iran Win Compensation 36 Years Later": David M. Herszenhorn of The New York Times has this news update.
Posted at 01:33 PM by Howard Bashman


"How the GOP Lost the Supreme Court": Nick Field of PoliticsPA had this post yesterday.

And The Scranton Times-Tribune recently published an article headlined "NEPA in vanguard of Dem sweep."
Posted at 01:17 PM by Howard Bashman



Wednesday, December 23, 2015

"The Supreme Court Is Cray If It Doesn't Listen To Killer Mike; This time the justices should see rap for what it is: music." Cristian Farias of The Huffington Post has this report today.
Posted at 11:58 PM by Howard Bashman


Seventh Circuit Judge Richard A. Posner issued published opinions in six different cases today: It was a relatively quiet day in the federal appellate courts today, unless you happen to be Seventh Circuit Judge Richard A. Posner.

Today, he issued six opinions resolving six separate appeals. You can access the opinions here, here, here, here, here, and here.
Posted at 11:28 PM by Howard Bashman



"9/11 judge shields Guantanamo captive's 'misogynistic rant' about female guards from public record": Carol Rosenberg of The Miami Herald has this report.
Posted at 09:35 PM by Howard Bashman


"An empirical analysis of emotional language in legal briefs before the Supreme Court": Sarah Escalante, Ryan Black, Matthew Hall, Ryan Owens, and Eve Ringsmuth had this post yesterday at "SCOTUSblog."
Posted at 09:05 PM by Howard Bashman


"Uber says will ask appeals court for stay in driver class-action": Reuters has this report.
Posted at 08:57 PM by Howard Bashman


"New move to block Hawaii tribal nation": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 08:47 PM by Howard Bashman


"Conservative legal strategist has no office or staff, just a surprising Supreme Court track record": David G. Savage of The Los Angeles Times has this report.
Posted at 08:44 PM by Howard Bashman


"The racist, sexist comments Pa. Supreme Court Justice Eakin made to his 'boys' prove bigotry still sits on America's high courts": Columnist Shaun King has this essay online at The New York Daily News.
Posted at 03:03 PM by Howard Bashman


"A FOIA Circuit Split That the Supreme Court Needs To Resolve": Steve Vladeck has this post today at the "Just Security" blog.
Posted at 12:11 PM by Howard Bashman


"Ponce sues U.S. agencies over AIDS funds": Microjuris.com had this report back in October 2014 about a decision of the U.S. District Court for the District of Puerto Rico.

Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit issued a decision reversing the district court's entry of judgment for plaintiffs and remand for entry of judgment in favor of federal government, dismissing the complaint with prejudice.
Posted at 10:38 AM by Howard Bashman



"New trial ordered for Msgr. Lynn, chief defendant in Phila. clergy abuse case": Jeremy Roebuck has this front page article in today's edition of The Philadelphia Inquirer.

Yesterday's non-precedential ruling of a three-judge panel of the Superior Court of Pennsylvania consists of a majority opinion and an opinion concurring in part and dissenting in part.
Posted at 10:28 AM by Howard Bashman



"Judge's Removal in D.C. Gun Case Shows Strained System": Melissa Stanzione of Bloomberg BNA has this report.
Posted at 10:23 AM by Howard Bashman


Tenth Circuit affirms dismissal of suit in which Native Americans sought accounting of massacre reparations: In April, Andrew Westney of Law360.com had a report headlined "Native Americans Seek Accounting Of Massacre Reparations" (subscription required for full access) reporting on this appeal.

Yesterday, a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued a decision affirming the dismissal of the case for lack of subject matter jurisdiction.
Posted at 10:22 AM by Howard Bashman



"AG Kathleen Kane: Michael Eakin's suspension restores 'faith in our justice system.'" Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania has this report.
Posted at 10:12 AM by Howard Bashman


"Kentucky governor alters marriage licenses to accommodate opponents of same-sex marriage": Sandhya Somashekhar has this article in today's edition of The Washington Post.

Today's edition of The Lexington Herald-Leader contains a front page article headlined "Bevin orders marriage license changes; reverses Beshear on felon voting rights, minimum wage."

And today's edition of The Louisville Courier-Journal contains a front page article headlined "Bevin takes ax to Beshear's executive orders."
Posted at 09:04 AM by Howard Bashman



"Court ruling for a rock band could boost Redskins in trademark case": Ian Shapira has this article In today's edition of The Washington Post.

And Bloomberg News reports that "'The Slants' Trademark Win in Court May Boost Redskins Case."
Posted at 09:00 AM by Howard Bashman



Comparing and contrasting two newsworthy Pennsylvania appellate judges: See the front page of today's edition of The Philadelphia Inquirer, for which Chris Mondics has written an obituary headlined " Arlin M. Adams, 94, former judge" about a man who served for "many decades as a respected federal appellate judge, litigator."

Also on today's front page, as the lead item at the very top of the page, is Angela Couloumbis's article headlined "Justice Eakin suspended over emails," which begins, "The state's judicial ethics tribunal on Tuesday suspended Supreme Court Justice J. Michael Eakin for his involvement in the 'Porngate' scandal, saying his continued presence on the bench harmed the public's trust in the judiciary."
Posted at 08:46 AM by Howard Bashman



Tuesday, December 22, 2015

"Ruling Could Help Washington Redskins in Trademark Case": Richard Sandomir will have this article in Wednesday's edition of The New York Times.

And today at "The Volokh Conspiracy," Eugene Volokh has a post titled "Federal appeals court decides 'The Slants' case: excluding 'disparaging marks' from trademark registration violates the First Amendment."

My earlier coverage of today's en banc Federal Circuit ruling can be accessed here and here.
Posted at 10:23 PM by Howard Bashman



"Limit State Access to Federal Court": In today's edition of The New York Times, law professors Amanda Frost and Stephen I. Vladeck have an op-ed that begins, "Next month, the Supreme Court will decide whether to hear a case challenging an Obama administration policy that would give permission to millions of undocumented immigrants to stay and work in the United States."
Posted at 10:09 PM by Howard Bashman


"Supreme Court Justice J. Michael Eakin suspended amid 'Porngate' allegations": Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania has this report.

You can view online at this link today's per curiam suspension order of the Court of Judicial Discipline of Pennsylvania. According to paragraphs 9 and 10 of the order:

9. Of particular concern to the Court are two email exchanges between the Respondent and Deputy Attorney General Jeffrey Baxter in which they comment upon the physical attributes of female employees in the Respondent's office as well as sexually-suggestive observations. Clearly, these emails, which address judicial employees, are extremely inappropriate and offensive.

10. Because the Respondent utilized his government issued equipment to engage in these email exchanges, and participated in the email exchanges with other government employees who were using their government email addresses, he should have had a lower expectation of privacy.

You can access the complete suspension order at this link.
Posted at 05:58 PM by Howard Bashman


"Supreme Court Justice Eakin suspended with pay over 'Porngate' emails": The Associated Press has this early report.

Angela Couloumbis of The Philadelphia Inquirer has a news update headlined "Pa. Supreme Court Justice Eakin suspended over 'Porngate.'"

And Jim Deegan of The Express-Times of Easton, Pennsylvania has a news update headlined "Supreme Court Justice Michael Eakin suspended for 'Porngate' emails."
Posted at 05:30 PM by Howard Bashman



"Government Can't Reject Trademarks for Being Disparaging or Offensive, Court Says; Ruling cites constitutional free-speech protections": Brent Kendall of The Wall Street Journal has this report.

The Oregonian has a news update headlined "The Slants, Asian-American band from Portland, can trademark controversial name, U.S. court rules."

At the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Rock Band Wins First Amendment Appeal Over 'Disparaging' Trademarks."

And Mike Masnick of Techdirt has a post titled "Appeals Court Says US Government Cannot Deny Trademarks For Being 'Disparaging.'"

My earlier coverage of today's en banc Federal Circuit ruling appears at this link.
Posted at 02:48 PM by Howard Bashman



"Arlin M. Adams, highly respected former federal judge in Philadelphia, dies at 94": Chris Mondics of The Philadelphia Inquirer has this report.

Jeff Blumenthal of Philadelphia Business Journal reports that "Longtime federal judge, Schnader Harrison partner Arlin Adams dies."

And The Forward reports that "Arlin Adams, Federal Judge and Community Champion, Dies at 94."
Posted at 02:40 PM by Howard Bashman



"Hold your nose: Supreme Court sides with farm over spreading of smelly sewage sludge." Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this report.

Yesterday's ruling of the Supreme Court of Pennsylvania consisted of a unanimous opinion of the court and a concurring opinion.
Posted at 01:28 PM by Howard Bashman



"Eakin argues against interim suspension as court considers allegations of improper emails": The Associated Press has this report.

Dave Davies of NewsWorks has a blog post titled "Eakin: Just male banter, keep me on the bench."

And in today's edition of The Pittsburgh Post-Gazette, columnist Tony Norman has an op-ed titled "First rule of email: It all goes public."
Posted at 10:52 AM by Howard Bashman



"Wine collector loses U.S. appeal of counterfeiting conviction": Nate Raymond of Reuters has this report on a non-precedential summary order that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 10:46 AM by Howard Bashman


"The government cannot refuse to register disparaging marks because it disapproves of the expressive messages conveyed by the marks." So holds the en banc U.S. Court of Appeals for the Federal Circuit in a ruling issued today in the case captioned In re Simon Shiao Tam.

The introduction to the majority opinion explains:

Mr. Simon Shiao Tam named his band THE SLANTS to make a statement about racial and cultural issues in this country. With his band name, Mr. Tam conveys more about our society than many volumes of undisputedly protected speech.
Earlier, NBC News had a report headlined "Could The Slants' Trademark Suit Affect NFL's Redskins' Flap?"

And earlier at "The Volokh Conspiracy," Eugene Volokh had a post titled "The Redskins and The Slants: How an Asian American band name case may affect the Redskins trademark."

Update: In early news coverage, Reuters reports that "U.S. appeals court says government cannot censor offensive trademarks."
Posted at 10:38 AM by Howard Bashman



"Don't let Eakin judge": Today's edition of The Philadelphia Inquirer contains an editorial that begins, "Pennsylvania Supreme Court Justice J. Michael Eakin apparently still doesn't get it."

Further in, the editorial states, "In addition to receiving numerous emails laden with pornographic, misogynist, racist, and homophobic content, Eakin relayed a joke about a battered woman, vowed to close his 'titty deficit' by patronizing strip clubs with fellow officers of the court, and nauseatingly imagined getting his female aides to share rooms with them during a planned golf outing in Myrtle Beach, S.C."

And in today's edition of The Philadelphia Daily News, columnist Helen Ubinas has an op-ed titled "No tactic is too low for Porngate."
Posted at 08:44 AM by Howard Bashman



Monday, December 21, 2015

"A Momentous, Yet Conservative, Win for Gay Rights": Law professor Noah Feldman has this essay online today at Bloomberg
Posted at 09:48 PM by Howard Bashman


"Supreme Court upholds Gov. Wolf's death penalty moratorium": Matthew Santoni of The Pittsburgh Tribune-Review has this news update.

Chris Palmer of The Philadelphia Inquirer has a news update headlined "Court backs Wolf in Phila. death penalty case."

Paul Vigna of The Patriot-News of Harrisburg, Pennsylvania reports that "Supreme Court supports Gov. Wolf's stance on executions."

And The Associated Press has a report headlined "Top Pennsylvania court: Governor can postpone executions."

Today's ruling of the Supreme Court of Pennsylvania consists of a majority opinion and a concurring opinion.
Posted at 05:20 PM by Howard Bashman



"Supreme Court Justice Eakin's ethics hearing concludes without decision": Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania has this report.
Posted at 05:10 PM by Howard Bashman


"Emotional Justice Eakin testifies about reputation, media circus": Brad Bumsted of The Pittsburgh Tribune-Review has a news update that begins, "Pennsylvania Supreme Court Justice Michael Eakin choked back sobs as he testified Monday about how 'terribly frustrating it is to be drug through the mud' in news reports about his lewd emails."

Riley Yates and Peter Hall of The Morning Call of Allentown, Pennsylvania have a news update headlined "Justice Eakin tearfully testifies in porn email hearing."

And Angela Couloumbis and Craig R. McCoy of The Philadelphia Inquirer have a news update headlined "Eakin tearfully apologizes for offensive emails."
Posted at 04:35 PM by Howard Bashman



"Supreme Court Justice Eakin: 'Don't hold what my friends said against me.'" Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania has this report.

And earlier this afternoon, McKelvey had a related article headlined "Supreme Court Justice Eakin's ethics hearing focuses on private lives of judges."
Posted at 03:50 PM by Howard Bashman



"Hip-hop stars take Miss. rapper's case to Supreme Court": Therese Apel of The Clarion-Ledger of Jackson, Mississippi has this report.
Posted at 01:08 PM by Howard Bashman


"Supreme Court Ought to Re-examine Second-Guessing of FDA-Approved Drug Labeling by State Tort Law": Richard Samp has this post today at the "Legal Pulse" blog of the Washington Legal Foundation.
Posted at 01:05 PM by Howard Bashman


"Military family pushes Supreme Court to consider malpractice claim": Patricia Kime of Military Times has this report.
Posted at 01:03 PM by Howard Bashman


"Justice Eakin's female employees testify in suspension hearing on porn emails": Riley Yates and Peter Hall of The Morning Call of Allentown, Pennsylvania have this news update.

Brad Bumsted of The Pittsburgh Tribune-Review has a news update headlined "Female employees testify Pa. Supreme Court Justice Eakin professional, courteous."

And Angela Couloumbis and Craig R. McCoy of The Philadelphia Inquirer have a news update headlined "Eakin in court for hearing that could lead to suspension."
Posted at 12:58 PM by Howard Bashman



"Justice Eakin faces suspension over porn emails in Easton hearing": Peter Hall of The Morning Call of Allentown, Pennsylvania has this report.

Rudy Miller of The Express-Times of Easton, Pennsylvania has an article headlined "What to expect at Monday's 'porngate' hearing in Easton."

And The Associated Press reports that "Justice Michael Eakin due in court for hearing that could lead to suspension."
Posted at 08:03 AM by Howard Bashman



Sunday, December 20, 2015

"Can the Constitution Govern America's Sprawling Empire? The U.S. Supreme Court struggles to stretch a Constitution written for 13 coastal states to encompass non-contiguous states, dependent nations, insular areas, and a commonwealth." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 11:30 PM by Howard Bashman


"Hip-Hop Stars Support Mississippi Rapper in First Amendment Case": Adam Liptak will have this new installment of his "Sidebar" column in Monday's edition of The New York Times.
Posted at 09:58 PM by Howard Bashman


"Justices tend to agree with presidents that pick them -- but stray later": Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 09:55 PM by Howard Bashman


"Chisholm, two other DAs seek to move John Doe to U.S. Supreme Court": Mary Spicuzza and Jason Stein of The Milwaukee Journal Sentinel have an article that begins, "Three district attorneys have moved to intervene in litigation over a closed investigation into Gov. Scott Walker's campaign and conservative groups, a move aimed at bringing the case before the U.S. Supreme Court."
Posted at 10:30 AM by Howard Bashman


"The Reproductive Rights Rollback of 2015": This editorial appears in today's edition of The New York Times.
Posted at 10:26 AM by Howard Bashman


"Ricketts gets second appointee to Supreme Court early in 2016, with more potential retirees ahead": Joe Duggan has this article in today's edition of The Omaha World-Herald.
Posted at 10:20 AM by Howard Bashman


"At Supreme Court, Lone Star State stands apart": Richard Wolf of USA Today has this report.
Posted at 10:18 AM by Howard Bashman


Saturday, December 19, 2015

"Chief Justice Roberts Made 'Human Error' In Overlooking Conflict Of Interest; The head of the Supreme Court inadvertently participated in a case involving a company where he had a significant financial stake": Cristian Farias of The Huffington Post has this report.
Posted at 09:30 AM by Howard Bashman


"Tinkering with the Tax Court": Daniel Hemel (with an assist from Will Baude) had this post yesterday at "The University of Chicago Law School Faculty Blog."
Posted at 09:27 AM by Howard Bashman


"Blind justice? In Pennsylvania, that would help." Montgomery Media has posted this editorial online today. The editorial concludes, "A good start would be for Justice Eakin to do what former Justice Seamus McCaffery at least had the decency -- if you can use that word in connection with this case -- to do. He should step aside."

And in related coverage, in today's national edition of The New York Times, Michael Wines has a front page article headlined "Scandal's Web Trips Pennsylvania Attorney General Kathleen Kane."
Posted at 09:24 AM by Howard Bashman



Friday, December 18, 2015

"A new test on Hawaii's future?" Lyle Denniston has this post today at "SCOTUSblog."
Posted at 01:42 PM by Howard Bashman


Ninth Circuit dismisses appeal asserting Fourth Amendment challenge to the mass interception, copying, and searching of Internet communications because the district court's FRCP 54(b) certification wasn't proper: You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Many of the documents filed in the case can be accessed via this link.
Posted at 01:32 PM by Howard Bashman



"Why the 9/11 attack case grinds on so slowly at Guantanamo": The Associated Press has this report.
Posted at 12:58 PM by Howard Bashman


"Doctors' Right to Try to Convert Gun Owners, But Not Gays": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 12:55 PM by Howard Bashman


"Appeals court refuses to unfreeze Wyly relatives' assets": Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 11:45 AM by Howard Bashman


"Appeals court: Airline pilots can't ride share like Uber." Sam Hananel of The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 11:42 AM by Howard Bashman


"The New Attack on Hispanic Voting Rights: After the Supreme Court decision that gutted the Voting Rights Act, tactics to suppress minority voting are flourishing -- especially in states where Hispanic voters are reshaping the electorate." Jim Rutenberg will have this article in this upcoming Sunday's edition of The New York Times Magazine.
Posted at 08:02 AM by Howard Bashman


"Eakin is unfit to judge: Did views expressed in offensive emails color his rulings?" Law professor David S. Cohen has this op-ed in today's edition of The Pittsburgh Post-Gazette.
Posted at 07:54 AM by Howard Bashman


"U.S. Chief Justice Roberts Overlooked Stock Conflict in Case": Greg Stohr of Bloomberg News has this report.
Posted at 07:50 AM by Howard Bashman


Thursday, December 17, 2015

"Transgender Arkansas inmate denied right to sue prison -- court": Reuters has this report.

And The Associated Press reports that "Arkansas inmate who performed castration loses court appeal."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 11:52 PM by Howard Bashman



"Is the Solicitor General Playing a Shell Game With the Supreme Court Over Johnson Retroactivity?" Steve Vladeck has this post at "PrawfsBlawg."
Posted at 11:40 PM by Howard Bashman


"Rhetoric and Law: The double life of Richard Posner, America's most contentious legal reformer." Lincoln Caplan has this cover story in the January-February 2016 issue of Harvard Magazine.
Posted at 11:28 PM by Howard Bashman


"Britain's Supreme Court says targeting young black men for stop-and-search 'benefits them'; Judges back random search powers as legal challenge brought by black mother is dismissed": Adam Barnett of The Independent (UK) has this report.

And the Press Association (UK) reports that "Supreme court affirms random stop-and-search; Top UK court says Public Order Act powers, used to tackle gun crime and gangs, deter police bias and will save lives."

You can access today's ruling of the Supreme Court of the United Kingdom at this link.
Posted at 10:45 PM by Howard Bashman



"Liberals move controversial anti-communism monument away from Supreme Court": The Toronto Globe and Mail has this report.
Posted at 09:48 PM by Howard Bashman


"Alabama lesbian mother gets support in fight before U.S. Supreme Court": Kent Faulk of The Birmingham News has this report.
Posted at 09:42 PM by Howard Bashman


"Obama admin weighs in on legalized marijuana at the Supreme Court": Ariane de Vogue of CNN.com has this unfortunately-titled report.
Posted at 09:34 PM by Howard Bashman


Programming note: This morning, I will be visiting an appellate client who is incarcerated in federal prison. As a result, additional posts will appear here this afternoon.
Posted at 07:50 AM by Howard Bashman


Wednesday, December 16, 2015

"Content-based restriction on doctors' speech to patients about guns passes 'strict scrutiny'": Eugene Volokh has this post today at "The Volokh Conspiracy."

His post concludes, "The panel majority opinion, then, is dangerous -- indeed, more dangerous than the earlier opinions in this case . . . ."

My earlier coverage of Monday's Eleventh Circuit ruling appears at this link.
Posted at 11:58 PM by Howard Bashman



"California Supreme Court to decide how class action lawyers should be paid": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 09:24 PM by Howard Bashman


"Obama Administration Urges Dismissal of Challenge to Colorado Pot Law; Nebraska, Oklahoma officials say legalization has increased drug crimes in their states": Jess Bravin of The Wall Street Journal has this report.

Ricardo Baca of The Cannabist, a publication of The Denver Post, reports that "Top fed lawyer urges SCOTUS to not hear Colorado marijuana lawsuit."

And The Associated Press reports that "Obama admin. urges high court to reject marijuana lawsuit."

Via Josh Blackman, you can access the amicus brief of the United States at this link.
Posted at 08:44 PM by Howard Bashman



"In reply to ethics charges, Supreme Court justice says emails were never meant to be public": The Associated Press has a report that begins, "A Pennsylvania Supreme Court justice who may be suspended over objectionable emails did not bring the judgeship into disrepute because the 'male banter' he exchanged with friends was never intended to be made public, his lawyers said Wednesday."

Update: You can access the documents filed in the case, including Justice J. Michael Eakin's answer to the complaint filed yesterday, via this link.
Posted at 08:12 PM by Howard Bashman



"As Oklahoma marks century of executions, future of death penalty uncertain": Graham Lee Brewer of The Oklahoman has this report.
Posted at 12:51 PM by Howard Bashman


"A do-over on D.C. gun law": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 11:03 AM by Howard Bashman


"Stephanos Bibas explains the work of Penn Law's Supreme Court Clinic": Penn Law has posted online this news release. And this related video is available online at YouTube.
Posted at 08:56 AM by Howard Bashman


"Stephen Glass is still retracting his fabricated stories -- 18 years later": Columnist Michael Hiltzik had this essay online yesterday at The Los Angeles Times.
Posted at 08:53 AM by Howard Bashman


"Constitutional Check: Will the Supreme Court clarify birthright citizenship?" Lyle Denniston had this post yesterday at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:50 AM by Howard Bashman


"Eakin should step down in the wake of email scandal": Today's edition of The Reading (Pa.) Eagle contains an editorial that begins, "Two months ago, when the state Judicial Conduct Board was investigating accusations that state Supreme Court Justice J. Michael Eakin sent and received raunchy, racist and sexist emails, we suggested that he take a leave of absence until the matter was resolved. Now, after the board charged Eakin with ethics violations as a result of those emails, we call for his resignation."
Posted at 08:42 AM by Howard Bashman


"Hawaiian self-governance uncertain after election cancelled": The Associated Press has this report today.
Posted at 08:37 AM by Howard Bashman


"Is the Texas Ten Percent Plan 'Race Neutral'?" Law professor Michael C. Dorf has this essay today at Justia.com's Verdict.

Today at "Dorf on Law," he has a related post titled "Was Justice Scalia's Discussion of 'Lesser Schools' Racist?"

And yesterday at The Huffington Post, law professor Geoffrey R. Stone had a blog entry titled "Justice Scalia, Affirmative Action and the Perils of Oral Argument."
Posted at 08:35 AM by Howard Bashman



"Executions at lowest level since 1991; death sentences fall": Sam Hananel of The Associated Press has this report.

And Lawrence Hurley of Reuters reports that "Dispute over lethal injection drugs fuels drop in U.S. executions."
Posted at 08:27 AM by Howard Bashman



Tuesday, December 15, 2015

"Ohio Supreme Court to decide on damages awarded to child sex-abuse victims": Randy Ludlow of The Columbus Dispatch has this report.

According to the article, "The Ohio Supreme Court was asked on Tuesday to declare the limit on [non-economic] damages unconstitutional when applied to child sex-abuse victims, saying it deprives them of adequate compensation for a lifetime of mental trauma."
Posted at 10:23 PM by Howard Bashman



"Michigan Supreme Court justices discuss inner-workings": Jennifer Chambers of The Detroit News has this report.
Posted at 10:18 PM by Howard Bashman


"Gay adoption: Will the Supreme Court patch a hole in its same-sex marriage ruling?" Steven Mazie has this post today at the "Democracy in America" blog of The Economist.
Posted at 10:16 PM by Howard Bashman


"Judges' required retirement age up for referendum, county lawmakers oppose": Sam Janesch of LNP of Lancaster, Pennsylvania has this report.
Posted at 10:08 PM by Howard Bashman


"Federal Reserve tries to repair damage from AIG bailout case in new brief": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 10:02 PM by Howard Bashman


"Na'i Aupuni cancels Native Hawaiian election": The Honolulu Star-Advertiser has this report (via Rick Hasen).
Posted at 09:55 PM by Howard Bashman


"Mitch McConnell Will Finally Let Some Judges Get Confirmed. Next Year. Five of this year's nominees will get votes by mid-February." Jennifer Bendery of The Huffington Post has this report.
Posted at 09:52 PM by Howard Bashman


"Federal appeals court again upholds 'Docs vs. Glocks' law": The News Service of Florida has this report on the newest revised ruling that a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued yesterday in this case.
Posted at 09:48 PM by Howard Bashman


"Appeals court says visiting judge had no authority to hear D.C. gun-law case": Ann E. Marimow of The Washington Post has this report.

My earlier coverage of today's D.C. Circuit ruling appears at this link.
Posted at 09:23 PM by Howard Bashman



"ISIS Gives Us No Choice but to Consider Limits on Speech: America faces unprecedented danger from the group's online radicalization tactics." Eric Posner has this essay online today at Slate.
Posted at 06:14 PM by Howard Bashman


"Resolved: Dick Posner is the Donald Trump of Article III." Kevin C. Walsh has this post today at the "Mirror of Justice" blog.
Posted at 04:40 PM by Howard Bashman


"Federal appeals court upholds Indiana law limiting cold beer sales to liquor stores": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.
Posted at 02:08 PM by Howard Bashman


Seventh Circuit rejects Second Amendment challenge to Illinois' procedures for 18- to 20-year-olds to obtain a gun license without parental permission: You can access yesterday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 02:04 PM by Howard Bashman


"Paramount wins U.S. appeal in movie financing fraud case": Nate Raymond of Reuters has this report.

And at the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Paramount Affirms Big Win Over Suing 'Mean Girls' Investors; An appeals court won't overturn a trial judge's conclusion that the studio made no misrepresentation on a slate of 25 films."

You can access yesterday's non-precedential summary order of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:46 PM by Howard Bashman



"$5.7-million verdict against 2 LAPD officers will stand, Supreme Court rules": David G. Savage of The Los Angeles Times has this report.

Lawrence Hurley of Reuters reports that "U.S. top court leaves intact jury award in Los Angeles police shooting."

And The Associated Press reports that "High court rejects LA appeal over $5.7M jury award to felon."

You can access yesterday's U.S. Supreme Court Order List at this link.
Posted at 01:40 PM by Howard Bashman



"Supreme Court reinstates Kentucky inmate's death sentence": Lawrence Hurley of Reuters has this report.

And The Associated Press reports that "Justices say Kentucky death sentence wrongly overturned."

You can access yesterday's unanimous per curiam ruling of the U.S. Supreme Court at this link.
Posted at 01:34 PM by Howard Bashman



"Ex-Subway pitchman Jared Fogle files notice of appeal": Mark Alesia and Tim Evans of The Indianapolis Star have this news update.

And The Associated Press reports that "Ex-Subway pitchman Jared Fogle appealing child porn sentence."
Posted at 01:30 PM by Howard Bashman



"Appeals court: judge didn't have power to hear DC gun case." The Associated Press has this report on a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.

And in other coverage, Lawrence Hurley of Reuters reports that "Court throws out ruling that invalidated Washington gun limits."
Posted at 11:55 AM by Howard Bashman



"Appeals court leaves U.S. mercury pollution rules in place": Lawrence Hurley of Reuters has this report.
Posted at 10:35 AM by Howard Bashman


"Justices Favor Lesbian Adoptive Mother in Visitation Case": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court sides with lesbian mother in Alabama custody case."

Kent Faulk of The Birmingham News reports that "U.S. Supreme Court blocks Alabama Supreme Court order in lesbian adoption case."

Lawrence Hurley of Reuters reports that "Supreme Court blocks Alabama lesbian mother adoption ruling."

Greg Stohr of Bloomberg News reports that "Lesbian Adoptive Mother Gets Backing From U.S. Supreme Court."

The Associated Press reports that "Supreme Court blocks Alabama court order in adoption case."

Chris Geidner of BuzzFeed News reports that "Supreme Court Temporarily Blocks Alabama Order Voiding Same-Sex Adoption; The temporary order, which enforces the woman's adoption of her ex-partner's children, will remain in place while the justices decide whether to hear her case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Temporary win for lesbian parent; Court to rule on Indian rights."

You can access yesterday's stay order of the U.S. Supreme Court at this link.
Posted at 09:36 AM by Howard Bashman



"When class money doesn't go to class members: new calls for SCOTUS review." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 09:20 AM by Howard Bashman


"Supreme Court Upholds Arbitration in DirectTV Case": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court rejects class-action suit against DirecTV."

David G. Savage of The Los Angeles Times reports that "Supreme Court says binding arbitration clauses in consumer contracts trump California law."

Richard Wolf of USA Today reports that "Supreme Court sides with DIRECTV in class action case."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Rules DirecTV Contract Can Bar Class-Action Lawsuit Over Fees; The 6-3 decision buttressed binding arbitration clauses included in the satellite-TV provider's service contracts." You can freely access the full text of the article via Google. In addition, the newspaper has an editorial titled "Breyer's Classy Decision: The liberal Justice upholds a precedent he dissented from to enforce the law." You can freely access the full text of the editorial via Google.

Sam Hananel of The Associated Press reports that "High court says DirectTV can cut off class action lawsuit."

Lawrence Hurley of Reuters reports that "U.S. top court rules for DirecTV in arbitration case."

At the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Supreme Court Rules DirecTV Customers Can't Avoid Arbitration Agreement; The satellite TV giant wins in a case that had the high court revisiting a 2011 ruling that put federal law above a California rule."

And at Forbes.com, Daniel Fisher has a post titled "An Odd Alliance Of Justices Upholds Arbitration Yet Again In DirecTV Case."

You can access yesterday's 6-to-3 ruling of the U.S. Supreme Court in Directv, Inc. v. Imburgia, No. 14-462, at this link.
Posted at 08:15 AM by Howard Bashman



Monday, December 14, 2015

"Charges announced in federal judge shooting case": Oralandar Brand-Williams of The Detroit News has an article that begins, "The alleged trigger man and another suspect have been indicted in the March shooting of a federal judge outside his home on the city's west side, Wayne County Prosecutor Kym Worthy announced during a news conference Monday."

And The Detroit Free Press reports that "Detroit man arraigned in shooting of federal judge."
Posted at 10:05 PM by Howard Bashman



"The legal fate of Obamacare: Round 4." Lyle Denniston had this post Friday at "SCOTUSblog."

And today at "SCOTUSblog," John Bursch has a guest post titled "Contraceptive mandate cases -- why the Supreme Court will instruct lower federal courts to stop second-guessing religious beliefs."

You can access the entries in that blog's ongoing Zubik v. Burwell symposium via this link.
Posted at 10:00 PM by Howard Bashman



"Sikh Soldier Allowed to Keep Beard in Rare Army Exception": Dave Philipps has this article in today's edition of The New York Times.
Posted at 09:52 PM by Howard Bashman


"Voter equality: The Supreme Court seems suddenly worried about partisan gerrymandering." Steven Mazie has this post today at the "Democracy in America" blog of The Economist.
Posted at 09:46 PM by Howard Bashman


"Group wants voters to do away with California death penalty": Bob Egelko of The San Francisco Chronicle has a news update that begins, "Opponents of California's death penalty began an initiative campaign Monday to repeal the state's capital punishment law at the polls in November and said they've lined up some conservative support and $2 million in financial backing."
Posted at 09:40 PM by Howard Bashman


"Trump, Rubio weigh in on Supreme Court ahead of debate": Bob Egelko of The San Francisco Chronicle has this blog post today.

And Ian Millhiser of ThinkProgress has a post titled "Donald Trump Has An Absolutely Terrifying Plan For The Supreme Court."
Posted at 09:34 PM by Howard Bashman



"Samsung's Patent Loss to Apple Is Appealed to Supreme Court": Steve Lohr of The New York Times has this report.

Mark Sherman of The Associated Press reports that "Samsung asks Supreme Court to throw out $399M judgment."

Susan Decker of Bloomberg News reports that "Samsung Asks U.S. High Court to Toss Apple IPhone Victory."

Reuters reports that "Samsung appeals Apple patent 'windfall' ruling to U.S. Supreme Court."
Posted at 09:27 PM by Howard Bashman



"Scalia's Rant and Alito's Reasoning: Which will influence Anthony Kennedy and determine the fate of affirmative action in Fisher?" Richard D. Kahlenberg has this jurisprudence essay online today at Slate.
Posted at 07:52 PM by Howard Bashman


"Islam Class Probably Can't Solve Landlord Dispute": Law professor Noah Feldman has this essay online today at Bloomberg View.

My earlier coverage of this case, to be argued next month in the Supreme Judicial Court of Massachusetts, can be accessed here.
Posted at 07:48 PM by Howard Bashman



"Hurdles for Changing 'One Person, One Vote'": Kenneth Jost had this post yesterday at his blog, "Jost on Justice."
Posted at 07:42 PM by Howard Bashman


"Are supreme court justices loyal to the president who appoints them?" Eric Posner has this blog post today.
Posted at 07:40 PM by Howard Bashman


Programming note: This morning, I will be attending a local simulcast of a Pennsylvania appellate continuing education program. As a result, additional posts will appear here this afternoon.

At 9:30 a.m. eastern time, the U.S. Supreme Court will issue an Order List, which will be available via this link once the Court posts it online.

And at 10 a.m. eastern time, the U.S. Supreme Court will issue one or more rulings in argued cases. You can access the opinion(s) via this link once posted online.
Posted at 07:48 AM by Howard Bashman



Sunday, December 13, 2015

"Bush vs. Gore's ironic legal legacy": Law professor Jamie Raskin has this op-ed in today's edition of The Los Angeles Times.
Posted at 08:25 PM by Howard Bashman


"Court to decide whether Islam-education order went too far": The Associated Press has a report that begins, "After a landlord was convicted of pushing her Muslim tenant down a flight of stairs, a judge ordered her to respect the rights of all Muslims and to take an introductory course on Islam. Now the highest court in Massachusetts is being asked to decide whether the judge violated the landlord's constitutional rights."

The case is scheduled to be argued on January 8, 2016 in the Supreme Judicial Court of Massachusetts. You can access the parties' briefs via the court's docket entries for the case.
Posted at 01:12 PM by Howard Bashman



"Trump hits Scalia over comments on black students": CNN.com has this report.

And Ryan J. Reilly of The Huffington Post reports that "Donald Trump Thinks Scalia's Comments On Black Students Went Too Far; Antonin Scalia suggested last week that black students may benefit from a 'slower-track school.'"
Posted at 01:02 PM by Howard Bashman



"Lynn Nakamoto first Asian-American on Oregon Supreme Court": Gordon Friedman recently had this article in The Statesman Journal of Salem, Oregon.
Posted at 10:33 AM by Howard Bashman


"2 Supreme Court cases to determine fate of Arizona legislative map": Jeremy Duda of The Arizona Capitol Times has this report.
Posted at 10:32 AM by Howard Bashman


"A life well ended: Dr. Peter Rasmussen, who advocated for Oregon's Death with Dignity law, died at home, in peace, surrounded by loved ones." Saerom Yoo has this front page article in today's edition of The Statesman Journal of Salem, Oregon.
Posted at 10:26 AM by Howard Bashman


"Rubio Pledges To Appoint Supreme Court Justices Who Will Overturn Marriage Equality": Judd Legum of ThinkProgress has this post today.
Posted at 10:20 AM by Howard Bashman


"Justice Stephen Breyer On What The Court Does Behind Closed Doors, And Hamilton": NPR Politics has posted online this podcast, in which Ron Elving, Nina Totenberg, and Ailsa Chang interview Justice Stephen G. Breyer.

The online description of the podcast begins, "One of the members of the nation's highest court dropped by the NPR Politics Podcast last week for a wide-ranging conversation about the inner workings of the Supreme Court, and Washington, changing global realities and why he loved the musical Hamilton."
Posted at 10:14 AM by Howard Bashman



"For black students at Texas, Supreme Court remarks are a burden added": Molly Hennessy-Fiske of The Los Angeles Times has this report.

NBCNews.com has posted an op-ed by Ivory A. Toldson titled "Why Justice Scalia was Wrong about Black Scientists."

And online at The Daily Beast, Jay Michaelson has an essay titled "Affirmative Action May Be Doomed -- But It's Already a Confused Mess; This week's Supreme Court arguments cast a harsh light on the confused jurisprudence of using race as a factor in college admissions; Forty years of compromises have created a gigantic mess."
Posted at 10:09 AM by Howard Bashman



"Eakin must resign: A justice's raunchy emails are supremely offensive." Today's edition of The Pittsburgh Post-Gazette contains an editorial that begins, "Supreme Court Justice J. Michael Eakin did the wrong thing when he played to the lowest common denominator, exchanging obscene and offensive emails while holding a position of honor on the state's highest court."
Posted at 09:58 AM by Howard Bashman


Saturday, December 12, 2015

"N.S. judge strikes down cyberbullying law created after Rehtaeh Parsons death": Sean Fine of The Toronto Globe and Mail has this report.

The Canadian Press reports that "Judge strikes down cyberbullying law inspired by Rehtaeh Parsons; Argument said the law was too broad and an 'unreasonable and unjustified' infringement of freedom of expression rights."

And CBC News has reports headlined "Court strikes down anti-cyberbullying law created after Rehtaeh Parsons's death; Nova Scotia was 1st jurisdiction in Canada to try to regulate cyberbullying" and "Rehtaeh Parsons's mother hopes new anti-cyberbullying law will be drafted; Nova Scotia Department of Justice says 800 complaints were dealt with under the Cyber-Safety Act."

You can access yesterday's ruling of the Supreme Court of Nova Scotia at this link.
Posted at 10:48 PM by Howard Bashman



"One Person, One Vote: The Supreme Court sets its sights on the bedrock principle that has shaped electoral maps for the past half-century." Slate has posted online today this new "Amicus" podcast featuring Dahlia Lithwick.
Posted at 10:25 PM by Howard Bashman


"Ex-Chief Justice Castille on Kane's Porngate prosecutor: 'There will be a challenge to everything this guy does.'" John L. Micek of The Patriot-News of Harrisburg, Pennsylvania has this report.

And Steve Esack of The Morning Call of Allentown, Pennsylvania has an article headlined "Is 2015 the worst year in Pennsylvania political history?"
Posted at 10:20 PM by Howard Bashman



"Alan Dershowitz on the Defense (His Own)": Barry Meier will have this article in Sunday's edition of The New York Times.
Posted at 09:52 PM by Howard Bashman


"Trump: Roberts 'disgraceful' on high court; Thomas favorite." The Associated Press has this report.
Posted at 09:23 PM by Howard Bashman


"Shutting Down Conversations About Rape at Harvard Law": Online at The New Yorker, law professor Jeannie Suk has a post that begins, "This is a piece on a subject about which I may soon be prevented from publishing, depending on how events unfold."
Posted at 03:15 PM by Howard Bashman


"Who is Antonin Scalia and why is he out of touch with changing social views? Comments about black students during conservative supreme court justices' sympathetic hearing in affirmative action case is just the latest in judge's 30-year record of a radical reading of the US constitution." Dan Roberts of The Guardian (UK) has this report.

Corey Fedde of The Christian Science Monitor has an article headlined "Scalia's comments on race draw ire, but he's not alone in his concerns; Justice Scalia received a range of rebukes for comments suggesting black students might do better at less competitive universities, an opinion that has also been expressed by the high court's only black justice."

And at the "Answer Sheet" blog of The Washington Post, Valerie Strauss has a post titled "Can a Supreme Court justice be forcibly removed from the bench? A quick civics lesson."
Posted at 01:42 PM by Howard Bashman



"New Supreme Court justice sworn in at balloon park": The Albuquerque Journal has this report.
Posted at 01:34 PM by Howard Bashman


"Kathleen Kane's porn review to cost taxpayers up to $880 an hour": Steve Esack has this front page article in today's edition of The Morning Call of Allentown, Pennsylvania.

And The Associated Press reports that "Lawyers reviewing 'Porngate' emails for Kane to get up to $880 an hour."
Posted at 01:08 PM by Howard Bashman



Access the December 2015 issue of the Harvard Law Review: Via this link.
Posted at 11:40 AM by Howard Bashman


"Black scientists respond to Scalia's suggestion that 'less advanced' classes are more suitable": Dexter Thomas of The Los Angeles Times has this report.
Posted at 11:38 AM by Howard Bashman


Friday, December 11, 2015

"Waco federal judge reprimanded for sexual misconduct, stripped of new cases for a year": The Waco Tribune-Herald has this news update.

And The Associated Press reports that "Federal judge in Texas reprimanded for unwanted advances."
Posted at 09:48 PM by Howard Bashman



"Scalia accused of embracing 'racist' ideas for suggesting 'lesser' schools for blacks": Stephen Dinan of The Washington Times has this report.

Matthew Watkins of The Texas Tribune reports that "If UT Loses Supreme Court Case, It Could Face Another Top 10 Percent 'Crisis.'"

Lauren French of Politico.com has a report headlined "Pelosi: Scalia should recuse himself from discrimination cases."

Online at The Washington Post, columnist Ruth Marcus has an essay titled "Will the Supreme Court add to the turmoil on America's college campuses?"

At the "Grade Point" blog of The Washington Post, Afi-Odelia Scruggs has a post titled "Dear Justice Scalia: Here's what I learned as a black student struggling at an elite college."

And a video segment titled "Antonin Scalia Offends" appeared on last night's broadcast of NBC's "Late Night With Seth Meyers."
Posted at 08:52 PM by Howard Bashman



"Supreme Court To Hear Wetlands Challenge As 'Waters Of U.S.' Expand": Daniel Fisher has this post at Forbes.com.
Posted at 08:36 PM by Howard Bashman


"Supreme Court to Review Laws Criminalizing Refusal of Body Substance Tests": Adam Liptak has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court to review blood-test requirement for DWI cases."

Richard Wolf of USA Today reports that "Supreme Court to rule on drunk-driving breath tests."

Jess Bravin of The Wall Street Journal reports that "Supreme Court to Consider Right to Refuse Blood-Alcohol Tests Without Warrant; High court to determine if states make it a crime for drunk-driving suspects to reject tests."

David Chanen of The Minneapolis Star Tribune reports that "U.S. Supreme Court to review constitutionality of Minnesota's DWI test refusal law; The state allows arresting officer to charge suspected drunken driver for refusing breath test without a search warrant."

And Greg Stohr of Bloomberg News reports that "Blood-Alcohol Test Penalties Get Top U.S. Court Review."
Posted at 08:34 PM by Howard Bashman



"A look at some of the emails cited in case against Pennsylvania Supreme Court Justice Eakin": The Associated Press has this report.
Posted at 08:24 PM by Howard Bashman


"Salome -- guilty or innocent? Tribunes ruling at Shakespeare Theatre." Tim Treanor has this post today at DC Theatre Scene.com.
Posted at 04:05 PM by Howard Bashman


Access the audio of this week's U.S. Supreme Court oral arguments: Available online via 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 today granted review in six new cases, three of which have been consolidated for a single hour of oral argument.

In early news coverage, The Associated Press reports that "High court takes up challenges to drunken-driving test"; "High court to consider Army Corps' decision on wetlands"; and "High court to hear dispute over Ohio debt collection."

Lawrence Hurley of Reuters reports that "U.S. justices to weigh laws that penalize refusal to take alcohol test" and "U.S. top court to decide federal water permit dispute."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on drunk-driving tests."
Posted at 02:50 PM by Howard Bashman



"Arabs, Muslim detainees can sue Bush-era officials over post-Sept. 11 treatment": Reuters has this report.

My earlier coverage of today's order of the U.S. Court of Appeals for the Second Circuit denying rehearing en banc by an evenly divided 6-to-6 vote can be accessed here.
Posted at 02:24 PM by Howard Bashman



"Anti-School Choice Religious Bigotry; Using a law with ugly anti-Catholic roots to deny education options for children": Michael Bindas has this op-ed in today's edition of The Wall Street Journal. You can freely access the full text of the op-ed via Google.
Posted at 01:23 PM by Howard Bashman


"AG Kathleen Kane hires private firm in porn, corruption investigation": Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania has an update that begins, "Attorney General Kathleen Kane has signed a contract hiring a private law firm to review and prosecute potential cases arising from emails uncovered as part of the 'Porngate' investigation."
Posted at 12:58 PM by Howard Bashman


"Obama's executive actions could open a door for successors": The Associated Press has a report that begins, "While the White House has condemned Donald Trump's call for a ban on Muslim immigrants as 'disqualifying' and 'toxic,' President Barack Obama may have only himself to blame if a President Trump ever succeeds in putting his plan, or some version of it, into action."
Posted at 11:52 AM by Howard Bashman


Second Circuit divides 6-to-6 in denying rehearing en banc in national security Bivens case, but is unanimous in rejecting use of "in banc": You can access today's order of the U.S. Court of Appeals for the Second Circuit denying rehearing en banc, and the accompanying concurrence and dissent, at this link.
Posted at 10:16 AM by Howard Bashman


"Scalia stirs controversy again with questions in affirmative action case": Robert Barnes has this article in today's edition of The Washington Post.
Posted at 09:54 AM by Howard Bashman


"Senate and Obama's Final Round Over Judges": David Hawkings has this blog post online at Roll Call.
Posted at 09:44 AM by Howard Bashman


"Will Fisher II Produce Any Judgment At All?" Michael Dorf has this post today at "Dorf on Law."
Posted at 09:42 AM by Howard Bashman


"B.C. Supreme Court Chief reverses Law Society's decision on Christian university; An evangelical Christian university under fire across the country for forbidding sexual intimacy outside of heterosexual marriage has secured a decisive legal victory in its effort to open a law school in British Columbia": The Canadian Press has this report.

My earlier coverage of yesterday's ruling appears at this link.
Posted at 09:05 AM by Howard Bashman



"Nachman won before he lost at Supreme Court": Online at The Montgomery (Ala.) Advertiser, Coke Ellington has an essay that begins, "Merton Roland 'Rod' Nachman, who died last month at the age of 91, won a case before the U.S. Supreme Court at the age of 27 in 1951, but his name is in U.S. history for a case he lost in 1964."
Posted at 08:56 AM by Howard Bashman


"Constitution Check: Finally, a test of partisan gerrymandering?" Lyle Denniston had this post yesterday at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:53 AM by Howard Bashman


"Justice Eakin must resign": This editorial appears in today's edition of The Bucks County (Pa.) Courier Times.

And in today's edition of The Philadelphia Inquirer, attorney Cathy A. Wilson has a letter to the editor appearing under the title "Not so judicious" (scroll down to view).
Posted at 08:45 AM by Howard Bashman



"Narrowing Supreme Court Precedent From Below": Law professor Richard M. Re has posted this paper online at SSRN.
Posted at 08:33 AM by Howard Bashman


"An Exclusive Interview With the 'Cannibal Cop': Exonerated of his alleged crimes, Gilberto Valle describes his experience in court, his time in prison, and his attempt to start a new life." Daniel Engber has this article online at Slate.
Posted at 08:30 AM by Howard Bashman


"After Making Enemies, Ted Cruz Tries to Make Friends": Matt Flegenheimer had this front page article in yesterday's edition of The New York Times.
Posted at 08:29 AM by Howard Bashman


"3rd Circ. Upholds Rest Stop's Right To Toss Strip Club Ads": Bonnie Eslinger of Law360.com has this report (subscription required for full access).

And at his "Appellate Briefs" blog, Benjamin Gould has a post titled "The most New Jersey case ever?"

You can access yesterday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 08:27 AM by Howard Bashman



"With Remarks in Affirmative Action Case, Scalia Steps Into 'Mismatch' Debate": Anemona Hartocollis has this article in today's edition of The New York Times.
Posted at 08:22 AM by Howard Bashman


Thursday, December 10, 2015

"Kansas Supreme Court hears separation-of-powers case involving the court; At issue is whether it's constitutional for lawmakers to alter court's administrative authority; Case drew national attention when Legislature tied its outcome to court funding": Edward M. Eveld of The Kansas City Star has this news update.

Justin Wingerter of The Topeka Capital-Journal has a news update headlined "Kansas Supreme Court hears arguments on the extent of its power; State is challenging judge's ruling that H.B. 2338 is unconstitutional."

Peter Hancock of The Lawrence Journal-World has a news update headlined "Kansas Supreme Court hears judicial selection appeal."

And The Associated Press reports that "Both sides concede role for Kansas lawmakers in judicial operations as court ponders its power."
Posted at 10:58 PM by Howard Bashman



"B.C. Supreme Court rules in favour of Trinity Western University law school; The largest Christian university in Canada, with about 4,000 students, requires staff and students sign a 'Community Covenant' in which they pledge to maintain Biblical ideals and eschew sex outside of traditional heterosexual marriage": The Vancouver Sun has this news update.

And CBC News reports that "Trinity Western law school decision overturned by B.C. Supreme Court; Procedural decision does not engage with ongoing conflict of charter rights issues."

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



"Colorado Supreme Court hears case of man freed 90 years early": The Associated Press has a report that begins, "Colorado's highest court is considering whether to free a convict who was sent back to prison after being mistakenly released from a 98-year sentence decades early and reforming his life."
Posted at 10:44 PM by Howard Bashman


"The Supreme Court leaves politicians room to reform gun laws": This editorial will appear in Friday's edition of The Washington Post.
Posted at 10:42 PM by Howard Bashman


"SCOTUS Tackles Affirmative Action, Again": Joan Biskupic, Stuart S. Taylor, Jr., and Randall Kennedy were the guests on the first hour of WBUR of Boston's "On Point" with Tom Ashbrook. You can access the audio via this link.
Posted at 10:35 PM by Howard Bashman


"Man who disrupted Supreme Court session on gay marriage is sentenced": Spencer S. Hsu of The Washington Post has this report.

And Theodore Schleifer of CNN.com reports that "In hot-mic moment, Supreme Court justices laugh at protesters."

Earlier, Tony Mauro of The National Law Journal reported that "Hot Mic Captures Justices' Remarks During Court Protest" (subscription or registration required for full access). You can freely access the full text of this article via Google.
Posted at 10:22 PM by Howard Bashman



"Pa. Court of Judicial Discipline will consider suspension of Supreme Court Justice J. Michael Eakin": Charles Thompson of The Patriot-News of Harrisburg, Pennsylvania has an updated report that begins, "The special court that will hear charges that state Supreme Court Justice J. Michael Eakin violated rules of judicial conduct in personal email exchanges is now considering suspending Eakin from the bench while the case-in-chief against him is heard."
Posted at 10:14 PM by Howard Bashman


"Breyer's Preferences Ploy: The canny liberal Justice tries to save race-freighted admissions." This editorial will appear in Friday's edition of The Wall Street Journal. You can freely access the full text of the editorial via Google.
Posted at 10:09 PM by Howard Bashman


"Justice Scalia under fire for race comments during affirmative action argument": David G. Savage of The Los Angeles Times has this report.
Posted at 09:58 PM by Howard Bashman


"Alabama Chief Justice Roy Moore calls on governor to release funds for courts": AL.com has this report.
Posted at 09:55 PM by Howard Bashman


"Is Affirmative Action Finished? For the second time, the justices of the Supreme Court are struggling with Fisher v. University of Texas -- and the divisive questions it raises." Law professor Garrett Epps has this essay online today at The Atlantic.

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Justices Are Wise to Delay on Affirmative Action."
Posted at 08:22 PM by Howard Bashman



"Bush v. Gore in 2000: Partisans still in charge." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online at The Orlando Sentinel.
Posted at 08:15 PM by Howard Bashman


"Disciplinary court orders Eakin to make a case for remaining in office": Angela Couloumbis of The Philadelphia Inquirer has a news update that begins, "The state's judicial ethics court on Thursday ordered Pennsylvania Supreme Court Justice J. Michael Eakin to make a case for why he should not be suspended while it weighs his fate in the pornographic email scandal."

Charles Thompson of The Patriot-News of Harrisburg, Pennsylvania reports that "Pennsylvania Court of Judicial Discipline launches interim suspension proceeding in Eakin case."

Brad Bumsted of The Pittsburgh Tribune-Review reports that "Judicial court sets hearing for Supreme Court justice on lewd emails."

And The Associated Press reports that "Judicial ethics court tells Pennsylvania Justice Eakin he may be suspended over raunchy emails."
Posted at 08:00 PM by Howard Bashman



"Same-sex parental rights at issue before Kentucky high court": The Associated Press has this report.
Posted at 06:20 PM by Howard Bashman


"Minority students can't intervene in Harvard admissions case -- 1st Circuit": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.

My earlier coverage of yesterday's First Circuit ruling can be accessed here.
Posted at 05:38 PM by Howard Bashman



"Scalia draws rebukes for comments about black students": Sam Hananel of The Associated Press has this report.
Posted at 05:00 PM by Howard Bashman


"Study: Scalia Better Off in 'Less Advanced' Court." Andy Borowitz has this post online today at The New Yorker.
Posted at 04:56 PM by Howard Bashman


"Affirmative action in court: The justices appear split on racial preferences in university admissions." Steven Mazie has this post today at the "Democracy in America" blog of The Economist.

Today at "SCOTUSblog," Mark Walsh has a post titled "A 'view' from the courtroom: The Court takes its time on Fisher."

And The Associated Press has a report headlined "Senate Democratic leader Reid: Scalia used 'racist' rhetoric."
Posted at 03:14 PM by Howard Bashman



"Did Scalia's Comments on Black Students Match the Facts?" Jess Bravin has this post today at WSJ.com's "Law Blog."
Posted at 02:03 PM by Howard Bashman


"Republican Redistricting Rows Rock SCOTUS": Kimberly Robinson of Bloomberg BNA has this report.
Posted at 01:22 PM by Howard Bashman


"3rd Circ. Plans Sweeping Hearing In NJ Sports Betting Case": Jeannie O'Sullivan of Law360.com has an article (subscription required for full access) that begins, "Attorneys poised to argue the merits and drawbacks of sports betting in New Jersey can expect a comprehensive examination by judges when the Third Circuit reviews its decision striking down a law allowing that type of gambling, the appeals court said Wednesday."

The Third Circuit has scheduled the en banc rehearing to occur at 11 a.m. eastern time on February 17, 2016.
Posted at 01:18 PM by Howard Bashman



"Degrading emails by justice officials despicable; Sexual assault survivors cannot trust a justice system that mocks sexism, racism": Delilah Rumburg has this essay online at The York (Pa.) Daily Record.
Posted at 01:14 PM by Howard Bashman


"Downtown streets reopened after bomb scare": The Cincinnati Enquirer has a news update that begins, "Cincinnati Police have reopened The Potter Stewart U.S. Courthouse Downtown after bomb threat caused the building to be locked down."
Posted at 01:08 PM by Howard Bashman


"Guns and Thunder on the Supreme Court's Right": Linda Greenhouse has this essay online today at The New York Times.
Posted at 01:05 PM by Howard Bashman


"3 weeks in jail for man who disrupted gay marriage arguments": The Associated Press has this report.
Posted at 01:00 PM by Howard Bashman


Programming note: This morning, I will be meeting with trial counsel in a potential new appeal. As a result, additional posts will appear here this afternoon.

In the interim, appellate-related retweets are likely to appear on this blog's Twitter feed, which last night reached 5,000 followers.
Posted at 07:50 AM by Howard Bashman



"Justice on trial": Today's edition of The Philadelphia Inquirer contains an editorial that begins, "The Pennsylvania judiciary's slumbering watchdog has stirred. The Judicial Conduct Board has at long last charged J. Michael Eakin -- spousal abuse humorist, self-proclaimed "titty deficit" hawk, and state Supreme Court justice -- with tarnishing his office by sending and receiving prejudiced and profane emails."

Today's edition of The LNP of Lancaster, Pennsylvania contains an editorial titled "Time for Eakin to go? 'John Smith' emails impossible to defend."

Today's edition of The Scranton Times-Tribune contains an editorial titled "State judiciary needs upgrade."

The Express-Times of Easton, Pennsylvania has an editorial titled "Panella a solid choice to hear Porngate charges against Eakin."

And today's edition of The Pittsburgh Tribune-Review contains an editorial titled "Eakin's emails: Reprimand him."
Posted at 07:48 AM by Howard Bashman



Wednesday, December 9, 2015

"'Of Courtiers And Kings': An Interview With Todd Peppers About Supreme Court Clerkships." David Lat has this post today at "Above the Law."
Posted at 11:02 PM by Howard Bashman


"State high court hears cases on city oil and gas fracking bans; Supreme Court hears oral arguments in state-local power struggle spurred by domestic oil and gas drilling boom": Bruce Finley of The Denver Post has this news update.

And Karen Antonacci of The Longmont (Colo.) Times-Call has a news update headlined "Longmont's high court case: Fracking ban still allows safe production."
Posted at 10:58 PM by Howard Bashman



"Group Continues Push To Intervene in Admissions Lawsuit": One month ago, The Harvard Crimson published an article that begins, "Lawyers representing a pro-affirmative action group of current and prospective Harvard students argued against a court's rejection of the group's motion to intervene in an ongoing lawsuit against the College last week."

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit issued a decision affirming the denial of the motion to intervene.
Posted at 10:46 PM by Howard Bashman



"No, Scalia's comment about 'less-advanced' schools wasn't racist": Online at The Los Angeles Times, Michael McGough has an essay that begins, "Wednesday's oral argument in the Supreme Court over affirmative action at the University of Texas had barely concluded before the Internet lit up with 'shock horror' reactions to something Justice Antonin Scalia said."
Posted at 10:42 PM by Howard Bashman


"Missouri Supreme Court weighs lawsuit against pawn shop that sold gun to mentally ill woman": The Associated Press has this report.

And BBC News has a report headlined "Trying to overturn a US gun law."
Posted at 10:32 PM by Howard Bashman



"Kansas Court of Appeals hears arguments on whether Kansas Constitution guarantees the right to abortion": Justin Wingerter of The Topeka Capital-Journal has this report.

Bryan Lowry of The Wichita Eagle has an article headlined "What's at stake in the lawsuit against Kansas' new abortion law?"

Peter Hancock of The Lawrence Journal-World reports that "Abortion case tests limits of Kansas Constitution."

And The Associated Press reports that "With nation's 1st ban on abortion method at stake, Kansas court ponders new state protections."
Posted at 10:12 PM by Howard Bashman



"Senate schedules vote on long-delayed Pa. nominee Restrepo": Jonathan Tamari has this post at Philly.com's "CapitolInq" blog.
Posted at 10:02 PM by Howard Bashman


"Appeals court asked to declare Arizona abortion law illegal": Howard Fischer of The Arizona Daily Star has this report.

Earlier, Alia Beard Rau of The Arizona Republic previewed the oral argument in an article headlined "Arizona law banning abortion based on race, sex goes before court."

You can view the video of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit on YouTube via this link.
Posted at 09:58 PM by Howard Bashman



"Judges must stop insulting each other, Supreme Court President warns; While it is 'fun' to malign fellow lawmakers in judgements, it undermines confidence in the courts, Lord Neuberger says": The Telegraph (UK) has this report.

And at the "Legal Cheek" blog, Katie King has a post titled "Supreme Court chief tells judges to be nice to each other in their judgments; Don't attack colleagues, urges Lord Neuberger."

According to King's blog post, "'Hyperbole and insults can be great fun, particularly when they emanate from Justice Scalia,' Neuberger says in relation to off-the-wall American Supreme Court judge Antonin Scalia, who has been likened to law student favourite Lord Denning."

You can access the full prepared text of Lord Neuberger's recent remarks at this link.
Posted at 08:55 PM by Howard Bashman



"McAuliffe suggests Republican 'setup' in flap over Supreme Court pick": Graham Moomaw of The Richmond Times-Dispatch has a news update that begins, "Gov. Terry McAuliffe suggested Wednesday that Republicans may have conspired against him in a 'setup' over state Supreme Court Justice Jane Marum Roush, the governor's embattled pick for the high court."
Posted at 08:50 PM by Howard Bashman


"Solicitor general to Supreme Court: Don't take Bob McDonnell's case." The Washington Post has this report.
Posted at 08:44 PM by Howard Bashman


"Race and College Admissions at the Supreme Court": This editorial will appear in Thursday's edition of The New York Times.
Posted at 08:33 PM by Howard Bashman


"Scalia channels U.S. top court colleague Thomas in race remarks": Lawrence Hurley and Joan Biskupic of Reuters have this report.
Posted at 08:00 PM by Howard Bashman


"Key Justice Suggests Supreme Court Could Punt, Again, On Affirmative Action": Chris Geidner of BuzzFeed News has this report.
Posted at 07:56 PM by Howard Bashman


"Agreement on Restrepo nomination": As noted here, the U.S. Senate has agreed to hold a vote on the nomination of U.S. District Judge Luis Felipe Restrepo (E.D. Pa.) to serve on the U.S. Court of Appeals for the Third Circuit at 5:00 p.m. eastern time on Monday, January 11, 2016.
Posted at 07:54 PM by Howard Bashman


"Heated Arguments Fly At Supreme Court Over Race In College Admissions": Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered."
Posted at 06:19 PM by Howard Bashman


"Argument analysis: Now, three options on college affirmative action." Lyle Denniston has this post at "SCOTUSblog."
Posted at 05:24 PM by Howard Bashman


"Sesame Street Meets Groundhog Day: The Supreme Court considers affirmative action at the University of Texas -- again." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 05:16 PM by Howard Bashman


"History Draws a Line on 'One Man, One Vote'": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 04:37 PM by Howard Bashman


"Fisher v. University of Texas II is heard in Supreme Court": The Daily Texan -- the student newspaper of the University of Texas at Austin -- has this report.
Posted at 04:36 PM by Howard Bashman


"Judge Jack Panella assigned to Supreme Court porn email case": Jim Deegan of The Express-Times of Easton, Pennsylvania has this report.
Posted at 02:58 PM by Howard Bashman


"SCOTUS could punt, again, on affirmative action": Josh Gerstein and Kimberly Hefling of Politico.com have this report.

David G. Savage of The Los Angeles Times reports that "U.S. Supreme Court closely split on use of affirmative action at universities."

Adam Edelman of The New York Daily News has an article headlined "During Supreme Court hearing on affirmative action, Justice Scalia claims that 'most black scientists in the U.S.' benefit from not being admitted into top programs."

Ariane de Vogue of CNN.com reports that "Supreme Court divided in University of Texas affirmative action case."

Irin Carmon of msnbc.com has an article headlined "Will the Supreme Court shred affirmative action?"

And Cristian Farias of The Huffington Post reports that "Chief Justice John Roberts Wants To Know Exactly When Affirmative Action Can Die; In contentious hearing, the Supreme Court shows deep divisions on whether race can remain a factor in college admissions."
Posted at 02:30 PM by Howard Bashman



"Thurgood Marshall and the Need for Affirmative Action": Lincoln Caplan has this post today at The New Yorker.

And at ThinkProgress, Ian Millhiser has a post titled "Justice Kennedy Wants Affirmative Action To Die, But He Doesn't Want To Be The One Who Kills It."
Posted at 02:20 PM by Howard Bashman



Fisher v. University of Tex. at Austin oral argument transcript now available online: At this link.
Posted at 01:40 PM by Howard Bashman


"'Troublemaker' Kozinski Unafraid to Advocate for Change": Jessica DaSilva of Bloomberg BNA has this report.
Posted at 01:20 PM by Howard Bashman


"Supreme Court Revisits Case That May Alter Affirmative Action": Adam Liptak of The New York Times has a news update that begins, "A majority of the Supreme Court justices seemed unpersuaded on Wednesday that an affirmative action plan at the University of Texas was constitutional."

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

Richard Wolf of USA Today reports that "Supreme Court skeptical of racial preferences in university admissions."

Jess Bravin of The Wall Street Journal reports that "Divided Supreme Court Confronts Race-Based College Admissions; Challenge to University of Texas policy questions whether preferences are still needed."

Mark Sherman of The Associated Press reports that "Supreme Court Torn Over Texas Affirmative Action Program."

Lawrence Hurley of Reuters reports that "U.S. top court divided over affirmative action in college admissions."

And Greg Stohr of Bloomberg News reports that "University Affirmative Action Questioned at U.S. High Court."
Posted at 12:50 PM by Howard Bashman



"Supreme Court Revisits Case That May Alter Affirmative Action": Adam Liptak of The New York Times has this report (currently the pre-argument version).

And WSJ.com's "Washington Wire" blog has a post titled "Supreme Court University Affirmative Action Hearing -- Live Blog."
Posted at 11:15 AM by Howard Bashman



"Federal judge details armed robbery in 911 call": The Cincinnati Enquirer has this report.
Posted at 11:06 AM by Howard Bashman


"In race case, will Justice Kennedy go from liberal hero to goat? The Supreme Court justice holds the swing vote in a case that could end affirmative action in college admissions." Kimberly Hefling of Politico.com has this report.

Online at The Atlantic, Richard D. Kahlenberg has an essay titled "The Future of Affirmative Action; How a conservative decision at the Supreme Court could lead to a liberal outcome."

And online at The Los Angeles Times, Kahlenberg has an essay titled "Texas' college admissions policies give the well-to-do a leg up."
Posted at 11:04 AM by Howard Bashman



"Charlotte attorneys challenge law that allows magistrates to avoid performing same-sex marriages": The Charlotte Observer has this report.

And The Associated Press reports that "Lawsuit challenges gay marriage law in North Carolina."
Posted at 10:42 AM by Howard Bashman



"Longmont's fracking ban due before state supreme court; Fort Collins will also present oral argument on its moratorium": Karen Antonacci of The Longmont (Colo.) Times-Call has this report.

And The Associated Press reports that "Colorado's fracking battle goes before state Supreme Court."
Posted at 10:38 AM by Howard Bashman



"The justices go fundamental: Who is entitled to representation in America?" Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 10:32 AM by Howard Bashman


"Pennsylvania Supreme Court justice faces disciplinary hearing over emails": Reuters has this report.

Charlie Thompson and Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania have an article headlined "5 key points from the judicial conduct charges filed against Pa. Supreme Court Justice Eakin."

And today's edition of The Philadelphia Daily News contains an editorial titled "Supreme Disgrace" that begins, "When you nearly succeed in making retired-in-disgrace Supreme Court Justice Seamus McCaffery look like a boy scout, it's time to step down."
Posted at 09:07 AM by Howard Bashman



"U.S. response to Mohamed Mohamud's appeal sets up surveillance showdown": Bryan Denson of The Oregonian has an article that begins, "Government lawyers have boldly defended a controversial surveillance law that allows U.S. agents to track phone calls from suspected foreign terrorists to Americans who communicate with them."

You can view the 164-page brief for appellee that the federal government filed Monday in the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:00 AM by Howard Bashman



"Diversity Makes You Brighter": In today's edition of The New York Times, professors Sheen S. Levine and David Stark have an op-ed that begins, "Affirmative action is back before the Supreme Court today."
Posted at 08:53 AM by Howard Bashman


"Supreme Court Hears Arguments Testing 'One Person, One Vote'": Nina Totenberg had this audio segment on yesterday evening's broadcast of NPR's "All Things Considered."

Chris Geidner of BuzzFeed News has a report headlined "Supreme Court Considers What 'One Person, One Vote' Means Today; Justices hear cases that could cause an upending of long-established state legislative redistricting principles."

Cristian Farias of The Huffington Post has a report headlined "Politics Are Dominating The Supreme Court This Week; That's Not Good; If a majority of the justices get their way, the rules of the democratic process could get tougher than ever before."

And online at The Los Angeles Times, law professor Richard L. Hasen -- author of the "Election Law Blog" -- has an essay titled "Justices will get no satisfaction with a new 'one person, one vote' rule."
Posted at 08:44 AM by Howard Bashman



"Supreme Court says challenge of Maryland district lines may proceed": Robert Barnes of The Washington Post has this report.

And John Fritze of The Baltimore Sun reports that "Supreme Court allows First Amendment case against Md. districts."
Posted at 08:39 AM by Howard Bashman



"An Opening for States to Restrict Guns": Today's edition of The New York Times contains an editorial that begins, "To listen to the insistent harangues of many gun-rights advocates, one might imagine that the Second Amendment prohibits almost any regulation of firearms. Fortunately, a majority of the Supreme Court disagrees."
Posted at 08:30 AM by Howard Bashman


"Trump's Anti-Muslim Plan Is Awful. And Constitutional." Law professor Peter J. Spiro has this essay online at The New York Times.
Posted at 08:27 AM by Howard Bashman


"Supreme Court hears Texas affirmative action challenge": Mark Sherman of The Associated Press has this report.

Ariane de Vogue of CNN.com reports that "Supreme Court hears oral arguments in Texas affirmative action case."

And on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment titled "Affirmative Action Fight Returns To The U.S. Supreme Court."
Posted at 08:23 AM by Howard Bashman



Tuesday, December 8, 2015

"Yes, the Justices Read the Headlines": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:10 PM by Howard Bashman


"The Perfect Puppy argues against E. Providence puppy sale ban before federal appeals court": Katie Mulvaney of The Providence (R.I.) Journal had this article in October 2015.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit issued this decision affirming the district court's rejection of a challenge to the ban.
Posted at 10:48 PM by Howard Bashman



"U.S. appeals court overturns SEC commissioners in State Street case": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued today.
Posted at 10:42 PM by Howard Bashman


"Constitution Check: Can guns used in mass shootings be banned?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:36 PM by Howard Bashman


"What Exactly Does 'One Person, One Vote' Mean, Anyway? The Supreme Court justices turn a simple question into something more complicated." Dahlia Lithwick has this Supreme Court dispatch online at Slate.

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: The choice -- be bold or practical."
Posted at 09:38 PM by Howard Bashman



"Pennsylvania high court justice hit with ethics charges": The Associated Press has this report.
Posted at 09:34 PM by Howard Bashman


"Judicial misconduct charges filed against Eakin in porn email scandal": Craig R. McCoy and Angela Couloumbis of The Philadelphia Inquirer have this news update.

Charles Thompson of The Patriot-News of Harrisburg, Pennsylvania reports that "Pa. Supreme Court justice charged in email scandal."

Steve Esack of The Morning Call of Allentown, Pennsylvania reports that "PA Supreme Court justice charged with using taxpayer-funded computer to receive porn."

And Brad Bumsted of The Pittsburgh Tribune-Review reports that "Pennsylvania high court justice hit with ethics charges."

The complaint of Pennsylvania's Judicial Conduct Board, preceded by a related news release, can be accessed here.
Posted at 05:55 PM by Howard Bashman



"John Roberts Delivers Finishing Blow To Stephen Breyer To Defend Title Of Chief Justice": The Onion has this "News in Brief" item today.
Posted at 05:07 PM by Howard Bashman


"U of Michigan offers self as test case for considering race in admissions": Robert Barnes of The Washington Post has this report.
Posted at 03:56 PM by Howard Bashman


"Supreme Court Hears Arguments on 'One Person One Vote'": Adam Liptak of The New York Times has this news update.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court appears poised to order a big shakeup in how election districts are drawn."

And Richard Wolf of USA Today reports that "Justices split on 'one person, one vote' case."
Posted at 03:52 PM by Howard Bashman



"Supreme Court Landmark Case Baker v. Carr": C-SPAN has posted the video of last night's broadcast, featuring Theodore Olson and Douglas Smith, at this link.
Posted at 03:33 PM by Howard Bashman


"How Will the Supreme Court Rule on Affirmative Action?" Emily Bazelon and Adam Liptak have this back-and-forth online at The New York Times Magazine.
Posted at 02:38 PM by Howard Bashman


"A 'view' from the Courtroom: Committee of the Whole." Mark Walsh has this post today at "SCOTUSblog."
Posted at 01:38 PM by Howard Bashman


"High court considers Arizona redistricting challenge": Sam Hananel of The Associated Press has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Harris v. Arizona Independent Redistricting Comm'n, No. 14-232.
Posted at 01:08 PM by Howard Bashman



"Justices weigh meaning of 'one person, one vote'": Mark Sherman of The Associated Press has this report.

And Lawrence Hurley of Reuters reports that "U.S. justices question Texas 'one person, one vote' challenge."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Evenwel v. Abbott, No. 14-940.
Posted at 01:04 PM by Howard Bashman



"Supreme Court Revives Challenge to Maryland Congressional Map; Challengers get chance to argue extreme partisan redistricting is unconstitutional": Brent Kendall of The Wall Street Journal has this report.
Posted at 12:24 PM by Howard Bashman


"Art Authenticator Loses Defamation Suit Against the New Yorker": The Village Voice had this report back in August 2013.

Also at that time, the "SDNY Blog" had a post titled "Judge Oetken Dismisses Claims in Biro Defamation Lawsuit Relating to New Yorker Article" linking to the district court's decision.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued this ruling affirming the lawsuit's dismissal.
Posted at 12:22 PM by Howard Bashman



"Arab Bank wins U.S. appeal over thousands of terror-finance claims": Nate Raymond of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 12:14 PM by Howard Bashman


"UT-Austin's Race-Conscious Policies": David B. Rivkin Jr. and Andrew Grossman have this essay online today at National Review.
Posted at 11:53 AM by Howard Bashman


"Recusal Required in Pennsylvania Death Penalty Case, Judges Say": The Constitution Project today issued a news release that begins, "Seven distinguished former appellate judges say the U.S. Supreme Court should determine that it is inappropriate for a district attorney who sought and obtained a death sentence against a convicted murderer to subsequently hear an appeal of the inmate's case as a judge."

You can access the two amicus briefs filed in the U.S. Supreme Court yesterday to which the news release links here and here.
Posted at 11:46 AM by Howard Bashman



"Former U.S. Solicitor General Paul Clement Challenges Florida's Censorship of Prison Legal News": The Human Rights Defense Center issued this news release today. Attached to the news release is the brief that Clement filed yesterday in the U.S. Court of Appeals for the Eleventh Circuit in the case.
Posted at 11:33 AM by Howard Bashman


"Student-Rapper Appeals to high court, as a matter of last resort": David L. Hudson Jr. has this post online today at the Newseum Institute First Amendment Center.
Posted at 10:50 AM by Howard Bashman


"Is an immigration ban on Muslims unconstitutional?" "Probably not," concludes Eric Posner in this blog post today.

Update: For other viewpoints, Jerry Markon of The Washington Post has an article headlined "Experts: Trump's Muslim entry ban idea 'ridiculous,' 'unconstitutional.'"
Posted at 10:46 AM by Howard Bashman



"Former Jefferies trader Litvak's conviction overturned": Jonathan Stempel of Reuters has this early report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.

Update: In other coverage, The Associated Press reports that "Federal appeals court orders new trial for former trader."

And Bloomberg News reports that "Former Jefferies Trader Wins Reversal of Fraud Conviction."
Posted at 10:21 AM by Howard Bashman



"Justice Thomas: Second Amendment Is Not a 'Second-Class Right.'" Josh Blackman has this essay online today at National Review.
Posted at 10:14 AM by Howard Bashman


Access online the contents of the Autumn 2015 issue of The Green Bag: Via this link (certificates to be redeemed for U.S. Supreme Court justice bobblehead dolls not included).
Posted at 10:12 AM by Howard Bashman


Access online today's ruling of the U.S. Supreme Court in an argued case: Justice Antonin Scalia delivered the opinion for a unanimous Court in Shapiro v. McManus, No. 14-990. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Justices revive Maryland redistricting challenge."
Posted at 10:04 AM by Howard Bashman



"Supreme Court to Hear Arguments on 'One Person, One Vote'": Adam Liptak of The New York Times has this news update.
Posted at 09:50 AM by Howard Bashman


"How A Long-Lost Footnote Could Save The Supreme Court From Itself; The biggest voting rights case of the year may depend on a few sentences that never saw the light of day -- until now": Cristian Farias of The Huffington Post has this report.
Posted at 09:48 AM by Howard Bashman


"Court mulls FBI mosque surveillance": Josh Gerstein of Politico.com has this blog post today. You can view the video of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit via this link.
Posted at 09:44 AM by Howard Bashman


"Supreme Court to Hear Two Disputes Over How to Draw Political Maps; 'One person, one vote' case from Texas could upend politics": Jess Bravin of The Wall Street Journal has this report.
Posted at 08:35 AM by Howard Bashman


"Argument analysis: Seeking two-century-old guidance." At "SCOTUSblog," Lyle Denniston has a post that begins, "Except for the fact that no one was wearing buckled shoes, knee breeches, and lace cuffs, an argument in the Supreme Court Monday might have been a reenactment of a day at the Constitutional Convention in Philadelphia 228 years ago."
Posted at 08:32 AM by Howard Bashman


"Ruling on pretrial publicity could aid Tsarnaev defense": In today's edition of The Boston Globe, Milton J. Valencia has a front page article that begins, "In a decision that could provide a framework when it considers the case of Dzhokhar Tsarnaev, a federal appeals court in Boston on Monday ordered a new trial for a Puerto Rico man who had asked that his trial be moved because the jury pool had been tainted by pretrial publicity."

Valencia's article also makes clear why -- as I noted in my post last night about yesterday's First Circuit ruling -- the appeal was decided by three judges sitting by designation from other circuits. According to the article, the defendant in the case -- Pablo Casellas-Toro -- is "the son of a US district judge on the island" of Puerto Rico.

And in other coverage of yesterday's ruling, El Nuevo Dia.com reports that "Casellas enfrentaria nuevo juicio a nivel federal; Defensa habia pedido que el caso se viera en otra jurisdiccion."
Posted at 08:26 AM by Howard Bashman



"Justice Eakin should resign": This editorial appears in today's edition of The Philadelphia Inquirer.

And today's edition of The Legal Intelligencer -- Philadelphia's daily newspaper for lawyers -- contains this month's installment of my "Upon Further Review" column titled "Eakin Email Scandal Could Torpedo Judicial Retirement Age Increase." You can freely access the full text of the column via Google.
Posted at 08:12 AM by Howard Bashman



Monday, December 7, 2015

"Justices Weigh Power of Indian Tribal Courts in Civil Suits": Adam Liptak will have this article in Tuesday's edition of The New York Times.
Posted at 11:24 PM by Howard Bashman


Access online today's adult-entertainment ruling of the U.S. Court of Appeals for the Seventh Circuit: At this link. Circuit Judge Diane S. Sykes wrote the opinion, in a case argued more than 13 months ago, on behalf of a unanimous three-judge panel.
Posted at 11:05 PM by Howard Bashman


"Justice Sotomayor Visits Stockton": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit posted this news release online today.

Video from the event can be access online at YouTube via this link.
Posted at 10:57 PM by Howard Bashman



"Apelaciones de Boston ordena nuevo juicio para Pablo Casellas Toro": Univision.com has this report.

And Primera Hora has a report headlined "Revocan condena federal de Pablo Casellas; Podria enfrentar un nuevo juicio a nivel federal por los cargos de mentir a agentes federales sobre un supuesto carjacking."

You can access today's ruling of the U.S. Court of Appeals for the First Circuit -- in which all three judges on the panel were sitting by designation from other circuits -- at this link.
Posted at 10:46 PM by Howard Bashman



"U.S. appeals court upholds Cranston estate planner Caramadre's conviction": Katie Mulvaney of The Providence (R.I.) Journal has this news update reporting on a ruling that the U.S. Court of Appeals for the First Circuit issued today.
Posted at 10:40 PM by Howard Bashman


"Have the Justices Gone Gun-Shy? Five years after its landmark gun-rights decisions, the U.S. Supreme Court is avoiding any cases about the Second Amendment." Matt Ford has this report online at The Atlantic.
Posted at 10:30 PM by Howard Bashman


"Lawton Nuss, Kansas Supreme Court chief justice, to recuse himself in judicial selection case; Attorney General Derek Schmidt had wanted all justices to step aside": Jonathan Shorman of The Topeka Capital-Journal has this news update.

Edward M. Eveld of The Kansas City Star has a news update headlined "Kansas Supreme Court says justices aren't required to recuse themselves from case involving the Supreme Court; Legislation at issue took away the Supreme Court's authority to appoint chief district judges; Chief Justice Nuss is only one of seven justices to recuse."

And Bryan Lowry of The Wichita Eagle has a news update headlined "Chief Justice Lawton Nuss recuses self from Kansas judicial power case."
Posted at 09:42 PM by Howard Bashman



"Former Supreme Court judge Marshall Rothstein says court not anti-business": Jeff Gray of The Toronto Globe and Mail has this report.
Posted at 09:33 PM by Howard Bashman


"Supreme Court to consider Texas case: 'One person, one vote'; Evenwel v. Abbott challenges the way district lines are drawn; Plaintiffs want districts determined by number of voters, not population; Impact would be on districts with large number of Latinos." Maria Recio of McClatchyDC has this report.
Posted at 09:30 PM by Howard Bashman


"Supreme Court appears likely to limit reach of Native American courts": Richard Wolf of USA Today has this report.
Posted at 09:26 PM by Howard Bashman


"UT System regent decries opaque admissions as case heads to high court": Mary Ann Roser of The Austin American-Statesman has a news update that begins, "Two days before the U.S. Supreme Court takes up a case on the use of race in decisions to admit students to the University of Texas, a maverick UT System regent called admissions at UT and most other schools opaque, unaccountable and potentially corrupt."
Posted at 09:12 PM by Howard Bashman


"Split Circuit: Seventh Circuit Debate over Judicial Internet Research Ends in a Tie." Eric G. Pearson has this post today at the "Wisconsin Appellate Law" blog about an order denying rehearing en banc by a 4-to-4 vote that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 09:05 PM by Howard Bashman


"'I intend to tear down this network,' AG Kathleen Kane says of 'Porngate' exchange": Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania has a news update that begins, "Attorney General Kathleen Kane vowed Monday to dismantle the network of state officials that shared pornographic and offensive emails."
Posted at 08:52 PM by Howard Bashman


"In California tax dispute, Supreme Court ponders when one state can be sued in another's courts": David G. Savage of The Los Angeles Times has this report.
Posted at 08:47 PM by Howard Bashman


"The man behind two blockbuster Supreme Court cases this week: Edward Blum of Austin, Texas, will see his fifth and sixth litigation projects reach the US Supreme Court Tuesday and Wednesday -- an impressive tally for any appellate attorney; Blum isn't even a lawyer." Warren Richey of The Christian Science Monitor has this report.
Posted at 08:44 PM by Howard Bashman


"Hillary Clinton Corrects Flub, Thanks to Supreme Court Justice Breyer": Ali Dukakis of ABC News has this report.
Posted at 08:40 PM by Howard Bashman


"One city's glimpse of how Supreme Court could reshape US elections: The Supreme Court takes up a major Texas redistricting case Tuesday; But it's Yakima, Wash., that shows the stakes most starkly." Warren Richey of The Christian Science Monitor has this report.
Posted at 08:36 PM by Howard Bashman


"Colorado Supreme Court to hear case of man stopped 8 times for DUI; Colorado Supreme Court considers case of Isidore Griego, who was stopped eight times for suspected drunk driving": Jordan Steffen of The Denver Post has this news update.
Posted at 08:32 PM by Howard Bashman


"Three appointed to Oregon Supreme Court, Court of Appeals by Gov. Kate Brown": Aimee Green of The Oregonian has a news update that begins, "Governor Kate Brown on Monday announced three appointments to the Oregon Supreme Court and Oregon Court of Appeals -- including the first Asian Pacific American to sit on the high court."
Posted at 08:30 PM by Howard Bashman


"The Second Amendment Is Not Absolute: We impose restrictions on all sorts of constitutional rights; The right to bear arms is no different." Law professor Sonja West has this jurisprudence essay online at Slate.
Posted at 08:25 PM by Howard Bashman


"This Guy Waited 390 Days For His Turn At A Job; The Senate Just Skipped Him; Luis Felipe Restrepo would fill a circuit court seat that desperately needs a judge": Jennifer Bendery of The Huffington Post has this report today.
Posted at 07:55 PM by Howard Bashman


"Do employers deserve fees when EEOC missteps? Justices will decide." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 05:39 PM by Howard Bashman


"Top Massachusetts court weighs whether homeless break law by fleeing cold": Reuters has this report.

Earlier, Bob McGovern -- legal columnist for The Boston Herald -- had an essay titled "Case over homeless may set precedent."

You can access the briefs filed in the case in the Supreme Judicial Court of Massachusetts via the docket entries at this link. And video of today's oral argument should be available online soon via this video archive link.
Posted at 04:35 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." This Cato Institute event is underway now, and you can watch the live video via this link.
Posted at 04:22 PM by Howard Bashman


"The Alma and Joseph Gildenhorn Book Series feat. Justice Stephen Breyer": The Aspen Institute has posted this video online at YouTube.
Posted at 04:20 PM by Howard Bashman


"Toomey urges judge's confirmation as critics take aim": Jonathan Tamari has this post today at the "CapitolInq" blog of Philly.com.
Posted at 04:08 PM by Howard Bashman


Not a day for novices at the U.S. Supreme Court: The first case argued (oral argument transcript here) featured Thomas C. Goldstein against Neal K. Katyal and Edwin S. Kneedler for the United States as amicus.

And the second case (oral argument transcript here) featured Paul D. Clement arguing against H. Bartow Farr.

Readers with spare time are encouraged to scour these transcripts and opine on who had the best day, who had the worst day, and why, keeping in mind that an advocate who seems to enjoy the tailwinds of the Court's apparent support at his back often has an easier time of things at the lectern.
Posted at 04:00 PM by Howard Bashman



"'One person, one vote' case could upend politics": Richard Wolf of USA Today has this report.
Posted at 03:50 PM by Howard Bashman


"High court weighs power of state courts in bitter tax fight": Sam Hananel of The Associated Press has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Franchise Tax Bd. of Cal. v. Hyatt, No. 14-1175.
Posted at 02:11 PM by Howard Bashman



"Is This The Biggest Bluebook Error Of Them All?" David Lat has this post today at "Above the Law."
Posted at 02:08 PM by Howard Bashman


Divided Eighth Circuit panel overturns injunction against drug testing of students at Linn State Technical College: You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 01:26 PM by Howard Bashman


"Supreme Court Won't Hear Challenge to Assault Weapons Ban in Chicago Suburb": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court won't review laws banning assault weapons."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court lets local ban on assault weapons stand."

Richard Wolf of USA Today reports that "Supreme Court won't hear challenge to city's assault weapons ban."

And Jess Bravin of The Wall Street Journal reports that "Supreme Court Lets Stand Local Law Banning Semiautomatic Guns; Court declines to take up appeal on Highland Park, Ill., ban."
Posted at 01:14 PM by Howard Bashman



"Dollar General Tries to Shake Up Tribal Law": Law professor Noah Feldman has this essay online at Bloomberg View.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Dollar General Corp. v. Mississippi Band of Choctaw Indians, No. 13-1496.
Posted at 01:07 PM by Howard Bashman



"Same-sex adoption case challenges what it means to be parent": The Associated Press has this report.
Posted at 01:03 PM by Howard Bashman


"More on Justice Scalia: A Reply to Two Critics." Law professor Eric J. Segall and Seventh Circuit Judge Richard A. Posner have this blog post today at "Dorf on Law."

The posts to which they are responding can be accessed here and here.

And today at "Bench Memos," Ed Whelan has a surreply titled "Feeble Posner/Segall Response."
Posted at 12:56 PM by Howard Bashman



"Supreme Court seems to favor limits on tribal court lawsuits": The Associated Press has this report.

Update: In other coverage, Lawrence Hurley of Reuters reports that "U.S. justices hostile to tribal court authority in molestation case."
Posted at 11:56 AM by Howard Bashman



"Justice Kagan on Textualism's Success": Richard M. Re has this post today at "PrawfsBlawg."
Posted at 11:40 AM by Howard Bashman


"Yale Finds Error in Legal Stylebook: Harvard Did Not Create It." Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 11:38 AM by Howard Bashman


"Why Has The Death Penalty Grown Increasingly Rare?" Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 09:44 AM by Howard Bashman


"Cliff Sloan Elected Chair of ACS Board of Directors": The American Constitution Society issued this news release today.
Posted at 09:42 AM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: At this link. The Court today did not grant review in any new cases.

Justice Clarence Thomas issued a dissent, in which Justice Antonin Scalia joined, from the denial of certiorari in Friedman v. City of Highland Park, Illinois, No. 15-133.

In early news coverage, The Associated Press reports that "Justices reject challenge to local assault weapons ban" and "Justices rejects appeal of Minnesota priest."

Lawrence Hurley of Reuters reports that "Supreme Court rejects challenge to assault weapon ban."

Greg Stohr of Bloomberg News reports that "Gun Advocates Rejected by U.S. High Court on Assault Weapons."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court leaves intact an assault weapon ban."
Posted at 09:35 AM by Howard Bashman



"More calls for Justice Eakin to resign": Craig R. McCoy, Angela Couloumbis, and Linda Loyd have this front page article in today's edition of The Philadelphia Inquirer.

And William Bender of The Philadelphia Daily News has an article headlined "Justice Eakin refuses Gov. Wolf's call to resign, Porngate flares."
Posted at 08:42 AM by Howard Bashman



"Up Next at the Supreme Court: A Challenge to Equality for All Americans; A legal mastermind seeks to gut affirmative action and voting rights by rewriting the Fourteenth Amendment." David H. Gans has this essay online at The New Republic.
Posted at 08:37 AM by Howard Bashman


"Will Black Lives Matter for Justices?" Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 08:34 AM by Howard Bashman


"Indian law faces challenge as sex assault case heads to high court": The Sante Fe New Mexican has this report.

Online at The Atlantic, law professor Garrett Epps has an essay titled "Who Can Tribal Courts Try? The U.S. Supreme Court weighs which disputes America's Indian tribal courts can adjudicate."

At Indian Country Today, Peter d'Errico has an essay titled "The Dollar General Case: Anti-Indians Play Hardball, Indians Play Softball."

And online at The Guardian (UK), Stephen Pevar has an essay titled "Native Americans' sovereignty is at risk, and the high court must help save it; Dollar General Corporation v Mississippi Band of Choctaw Indians goes before the US supreme court Monday, and tribal ability to prosecute crimes is in peril."
Posted at 08:30 AM by Howard Bashman



"Latino Clout Turns on Supreme Court View of One-Person-One-Vote": Greg Stohr of Bloomberg News has this report.

And Lawrence Hurley of Reuters reports that "Hispanic voter clout imperiled by Texas case before U.S. top court."
Posted at 08:24 AM by Howard Bashman



"Is Gollum Good or Evil? Jail Term in Turkey Hinges on Answer." Katie Rogers had this article in yesterday's edition of The New York Times.
Posted at 08:10 AM by Howard Bashman


Sunday, December 6, 2015

"Supreme Court Revisits University of Texas Race-in-Admissions Case; History suggests the justices are like to pare back the use of affirmative action": Jess Bravin and Douglas Belkin will have this article in Monday's edition of The Wall Street Journal. You can freely access the full text of the article via Google.

Joan Biskupic of Reuters reports that "U.S. top court revisits affirmative action in university admissions."

And Mark Sherman of The Associated Press reports that "Justices look anew at affirmative action in Texas."
Posted at 09:57 PM by Howard Bashman



"Supreme Court Justice Eakin has no plans to resign amid email controversy": The Associated Press has this report.
Posted at 09:40 PM by Howard Bashman


"UT's use of race in admissions at stake in Supreme Court arguments": Ralph K.M. Haurwitz has this front page article in today's edition of The Austin American-Statesman.

And in related coverage, Haurwitz also has an article headlined "Admissions, voting cases at Supreme Court engineered by UT alumnus."
Posted at 09:14 PM by Howard Bashman



"A conservative quandary in affirmative action case Fisher vs. Texas": Law professor Eric J. Segall has this op-ed in today's edition of The Los Angeles Times.

And in today's edition of The Washington Post, Sherrilyn Ifill has an op-ed titled "To fight racial isolation on campus, start with admissions."
Posted at 08:45 PM by Howard Bashman



"The View Of The Nai Aupuni Election From Washington, D.C." Robert H. Thomas has this post today at his inversecondemnation.com blog.
Posted at 08:20 PM by Howard Bashman


"The American Disconnection with the Supreme Court": Emma Axelrod has this essay online at the Brown Political Review.

The second to last paragraph of the essay criticizes the U.S. Supreme Court for not making its opinions readily available online. Perhaps a bit more online sleuthing would have uncovered the following three pages on the Court's website: here, here, and here.

Then again, the opinions of college students can often be unreliable at best (the second half of my 1984 review of the film "Police Academy" as published in The Columbia Spectator can be accessed here).
Posted at 11:36 AM by Howard Bashman



"Schumm's father testified in landmark case on same-sex adoption; K-State professor Walter Schumm faced questions about links to leader of anti-gay research institute": Celia Llopis-Jepsen has this front page article in today's edition of The Topeka Capital-Journal.
Posted at 11:28 AM by Howard Bashman


"'Showdown': A look at Thurgood Marshall's historic rise to the Supreme Court." Pa. Superior Court Judge David Wecht (now a Pa. Supreme Court Justice-elect) has this review of Wil Haygood's new book, "Showdown: Thurgood Marshall and the Supreme Court Nomination That Changed America" in today's edition of The Pittsburgh Post-Gazette.
Posted at 10:22 AM by Howard Bashman


"D.C. Notes: U.S. Supreme Court case pits Oklahoma AG against state's Five Tribes." Chris Casteel of The Oklahoman has this report.
Posted at 10:08 AM by Howard Bashman


"'Force of nature,' SC Supreme Court chief Jean Toal strode through history": The State of Columbia, South Carolina has this report.
Posted at 10:06 AM by Howard Bashman


"Wolf calls for Eakin to resign": In today's edition of The Philadelphia Inquirer, Craig R. McCoy, Mark Fazlollah, and Angela Couloumbis have a front page article that begins, "Gov. Wolf called on Pennsylvania Supreme Court Justice J. Michael Eakin to resign Saturday, hours after The Inquirer reported that the justice was part of a ploy to install a new appointee to the judicial disciplinary tribunal expected to decide his fate in the pornographic email scandal."

And Charles Thompson of The Patriot-News of Harrisburg, Pennsylvania reports that "Gov. Tom Wolf calls for Supreme Court Justice Eakin's resignation after report highlights judicial discipline panel controversy."
Posted at 09:00 AM by Howard Bashman



Saturday, December 5, 2015

"3 armed men invade home of federal judge and husband, Stan Chesley": Cameron Knight, Patrick Brennan, Sharon Coolidge, and Dan Horn of The Cincinnati Enquirer have this news update.

And The Associated Press reports that "3 arrested after federal judge robbed at gunpoint at home."
Posted at 09:44 PM by Howard Bashman



"Supreme Court rejects emergency appeal from California antiabortion group": David G. Savage of The Los Angeles Times has this report.
Posted at 05:22 PM by Howard Bashman


"The Death Penalty in Texas and a Conflict of Interest": Lincoln Caplan has this post online at The New Yorker.
Posted at 05:20 PM by Howard Bashman


"Judge's FilmOn Opinion Unsealed: 'Congress Did Not Consider the Internet in 1976'; A dispute over TV streaming illustrates how judges differ in their approaches to new technologies": Eriq Gardner recently had this post at the "THR, Esq." blog of The Hollywood Reporter.

Therein, Gardner writes, "Given that both cases are going up on appeal with totally opposing conclusions as to how to fit new technology under old legal standards, it is worth highlighting the primary difference in the judges' opinions."
Posted at 02:18 PM by Howard Bashman



"US Supreme Court to hear case pitting Nevada against California": Sandra Chereb of The Las Vegas Review-Journal has an article that begins, "A Las Vegas man's decades-long fight with California's tax man heads to the U.S. Supreme Court for a second time Monday, with dozens of states anxiously awaiting the outcome."
Posted at 02:14 PM by Howard Bashman


"States take closer look at regulatory boards after ruling": The Associated Press has an article that begins, "States are taking a closer look at boards and commissions regulating everything from dentists to dietitians after the U.S. Supreme Court said some panels could be violating antitrust laws."
Posted at 02:08 PM by Howard Bashman


"Dollar General seeks tribal suit ban in Miss. Choctaw case": The Associated Press has this report.

And The Herald of Everett, Washington reports that "Supreme Court case draws Tulalip's attention."
Posted at 02:05 PM by Howard Bashman



"Supreme Court ruling looms over Florida's death penalty system": Steve Bousquet of The Tampa Bay Times has this report.
Posted at 02:00 PM by Howard Bashman


"Authors side with Apple in e-book price-fixing Supreme Court appeal; Case undermines 'the very objective of antitrust law -- to ensure robust competition'": David Kravets of Ars Technica has this report.
Posted at 01:54 PM by Howard Bashman


"Texas Will Lose On Affirmative Action, But Will Supreme Court Outlaw Racial Preferences Entirely?" Daniel Fisher has this post today at Forbes.com.
Posted at 01:52 PM by Howard Bashman


"Judges Challenges Both Sides in Net Neutrality Case; Three-judge panel could uphold part of regulation and overturn part of it, experts say": 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.

At the "Bits" blog of The New York Times, Cecilia Kang has a post titled "In Net Neutrality Hearing, Judge Signals Comfort With F.C.C.'s Defense."

Sam Thielman of The Guardian (UK) has an article headlined "Net neutrality has its day in court -- with lawyers, Christians and the Cheshire Cat; The decision by the Federal Communications Commission to reclassify internet providers as 'common carriers' is being tested in a Washington DC courtroom."

And Ted Johnson of Variety reports that "FCC's Net Neutrality Rules Challenged in Appeals Court."
Posted at 01:32 PM by Howard Bashman



"Strip clubs, sexual commentary were topics of Eakin emails": In Sunday's edition of The Philadelphia Inquirer, Mark Fazlollah and Craig R. McCoy will have an article that begins, "In 2009, State Supreme Court Justice J. Michael Eakin exchanged emails with some buddies, including a state prosecutor and a prospective lower-court judge. Among the topics: visits to strip clubs and sexual gibes about female staffers in Eakin's office."

In addition, McCoy and Fazlollah have a news update headlined "Sources: Supreme Court has ploy to support Eakin."
Posted at 01:18 PM by Howard Bashman



Friday, December 4, 2015

"Why Supreme Court Could Hear 'Cannibal Cop' Case": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:07 PM by Howard Bashman


"U.S. judges doubt need to toss toxic pollution rule": Reuters has this report on a case argued today before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.

You can access the oral argument audio via this link (42.3 MB mp3 audio file).
Posted at 08:02 PM by Howard Bashman



"Chief justice declines to intervene in D.C. gun law case": Ann E. Marimow of The Washington Post has this news update.
Posted at 05:38 PM by Howard Bashman


"Court Fight Threatens Key Parts of Net-Neutrality Rules; The FCC appeared to be on firm ground on the biggest issue, but may ultimately still lose portions of its rules": Brendan Sasso of National Journal has this report.

And Jon Brodkin of Ars Technica reports that "Net neutrality supporters optimistic after court arguments; Judges seem to accept FCC's Title II authority, lawyer says."
Posted at 05:33 PM by Howard Bashman



The audio of today's D.C. Circuit net neutrality oral argument is now available online: You can access the audio in two parts, here (issue one; 37.7 MB mp3 audio file) and here (issues two through four; 43.6 MB mp3 audio file).
Posted at 03:57 PM by Howard Bashman


"Puerto Rico's Debt Relief to Get Supreme Court Hearing": Adam Liptak of The New York Times has this news update.
Posted at 03:00 PM by Howard Bashman


"Fight over net neutrality rules returns to appeals court": Sam Hananel of The Associated Press has this report.

And Mario Trujillo of The Hill reports that "Appeals court goes four rounds over net neutrality rules."
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 five cases, two of which have been consolidated for purposes of consideration and oral argument.

In early news coverage, The Associated Press reports that "High court takes up Puerto Rico debt restructuring case."

Lawrence Hurley of Reuters reports that "Supreme Court agrees to hear Puerto Rico restructuring appeal."

Greg Stohr and Michelle Kaske of Bloomberg News report that "Puerto Rico Gets Supreme Court Hearing on Debt Restructuring."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on Puerto Rico debt-relief options."
Posted at 02:13 PM by Howard Bashman



"Benched! Republicans Yet Again Break Promise to Follow Regular Order on Nominees." The Alliance for Justice has this blog post today.
Posted at 02:03 PM by Howard Bashman


"Cruz, Rubio vow to fight against marriage equality": Steve Benen of msnbc.com has this report.
Posted at 02:00 PM by Howard Bashman


"The Johnson Retroactivity Circuit Split Plot Thickens . . ." Steve Vladeck has this post today at "PrawfsBlawg."
Posted at 01:50 PM by Howard Bashman


"AG crisis could end up before U.S. Supreme Court": Northampton County, Pennsylvania District Attorney John Morganelli recently had this letter to the editor in The Express-Times of Easton, Pennsylvania.
Posted at 01:28 PM by Howard Bashman


"Congressional Democrats urge Supreme Court to reinstate amnesty": Stephen Dinan of The Washington Times has this report.
Posted at 01:25 PM by Howard Bashman


"An odd dispute over gun rights": Lyle Denniston has this post at "SCOTUSblog."
Posted at 01:15 PM by Howard Bashman


"Net neutrality rules to be argued in court": Mike Snider of USA Today has this report.

Reuters reports that "U.S. court to hear challenge to net neutrality rules."

Today's broadcast of NPR's "Morning Edition" contained an audio segment titled "FCC Attorneys Will Be Back In Court To Defend Net Neutrality."

And on Wednesday, Jon Brodkin of Ars Technica had an article headlined "AT&T says it shelved a 'bunch' of ideas because of net neutrality rules; VP says it takes 15 lawyers to figure out what a net neutrality violation is."
Posted at 12:04 PM by Howard Bashman



"That Feeling When You Win a Supreme Court Case . . . and Get Nothing; Plaintiffs get their names associated with landmark decisions but often little else": Greg Stohr of Bloomberg News has this report.
Posted at 11:55 AM by Howard Bashman


"The 2015 Ames Moot Court Competition -- Final Round": Harvard Law School has posted this video online at YouTube.

Judging the final round were (in order of the seniority in which they were arranged on the bench) U.S. Supreme Court Justice Elena Kagan, Second Circuit Judge Debra Ann Livingston, and D.C. Circuit Judge Robert L. Wilkins.

Earlier, Harvard Law Today published an article headlined "HLS teams compete in the showdown round of the Ames Moot Court Competition."
Posted at 09:46 AM by Howard Bashman



"Federal Circuit Reluctantly Affirms Ariosa v. Sequenom and Denies En Banc Rehearing": Dennis Crouch had this post yesterday at "Patently-O."

My earlier coverage of Wednesday's Federal Circuit order denying rehearing en banc can be accessed here.
Posted at 08:32 AM by Howard Bashman



"Successful Practice in the Seventh Circuit Court of Appeals": The Seventh Circuit Bar Association has posted this video online at Vimeo (via the home page of the U.S. Court of Appeals for the Seventh Circuit). Although I have not yet watched the entire video, chances are good that many of the suggestions therein would also be useful to attorneys handling appeals in other courts.

You can access all of the Seventh Circuit Bar Association's other videos posted at Vimeo via this link.
Posted at 08:20 AM by Howard Bashman



"JPMorgan defeats London Whale shareholder lawsuit in U.S." Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday.
Posted at 08:12 AM by Howard Bashman


Thursday, December 3, 2015

"Sun and Sand, But No Sovereignty": Online at Bloomberg View, law professor Noah Feldman has an essay that begins, "Can Native Hawaiians form a government of their own to negotiate with the U.S. government like an Indian tribe? The issue is still before the lower courts, but the U.S. Supreme Court dropped a big hint Wednesday that its eventual answer may be no."
Posted at 11:38 PM by Howard Bashman


"What to Watch as Court Weighs Fate of Net Neutrality: Here are the main arguments broadband industry lawyers will make Friday to try to kill the FCC's rules." Brendan Sasso of National Journal has this report.

When the audio of tomorrow's D.C. Circuit oral argument becomes available online, I will link to it.
Posted at 11:35 PM by Howard Bashman



"Kane spokesman: How to pay D.C. firm investigating state gov't porn emails in question." Brad Bumsted of The Pittsburgh Tribune-Review has this report.

And in today's edition of The Patriot-News of Harrisburg, Pennsylvania, Wallace McKelvey has a front page article headlined "Kathleen Kane's Porngate team: $2M, 5 lawyers and no Pa. law licenses." In addition, McKelvey also has an interview headlined "Kathleen Kane's investigation much broader than porn: Q&A with special prosecutor."
Posted at 11:32 PM by Howard Bashman



"Frustrated in Efforts to Close Guantanamo Prison, Officials Look to Reduce Population": Charlie Savage has this article in today's edition of The New York Times.

And Savage also has a blog post titled "Takeaways from my latest inside-the-Gitmo-closure-fight article."
Posted at 11:15 PM by Howard Bashman



"California Supreme Court OKs organic labeling lawsuits": The Associated Press has a report that begins, "Federal law does not bar consumers from filing lawsuits under California law alleging food products are falsely labeled organic,' the state Supreme Court ruled Thursday."

Bob Egelko of The San Francisco Chronicle reports that "State court says consumers can sue over 'organic' labeling."

And Maura Dolan of The Los Angeles Times has a report headlined "Is it really organic? Consumers may sue farmers who falsely label their produce."

You can access today's unanimous ruling of the Supreme Court of California at this link.
Posted at 11:09 PM by Howard Bashman



"Ninth Circuit Chief Judge Assumes Additional Duties in Judiciary Governance": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 10:58 PM by Howard Bashman


"At Texas' flagship university, many fear for diversity": Richard Wolf has this article in today's edition of USA Today.
Posted at 10:56 PM by Howard Bashman


"Ex-Officer's Conviction in Cannibal Case Shouldn't Be Reinstated, Appeal Court Rules": Benjamin Weiser will have this article in Friday's edition of The New York Times.

The New York Post reports that "Appeals court upholds decision to toss guilty verdict of 'Cannibal Cop.'"

The New York Daily News reports that "So-called Cannibal Cop Gilberto Valle to stay free: Judges uphold his 2014 acquittal."

Newsday reports that "'Cannibal cop' Gilberto Valle found not guilty of conspiring to kill, eat women."

The Associated Press has a report headlined "Appeals court: Fantasizing about violence is not a crime."

Reuters reports that "U.S. appeals court clears New York's 'cannibal cop' of all charges."

Cristian Farias of The Huffington Post reports that "Court Rules 'Cannibal Cop' Can Fantasize About Whatever He Wants; Neither of former NYPD Officer Gilberto Valle's convictions were allowed to stand."

And Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a post titled "2nd Circuit 'cannibal cop' opinion deepens appellate rift on anti-hacking law."

You can access today's ruling of a divided three-judge ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 10:50 PM by Howard Bashman



"Attorney in D.C. gun law case asks for help from the chief justice": Ann E. Marimow of The Washington Post has this report today.

I linked to the underlying document in this post from last night.
Posted at 10:34 PM by Howard Bashman



"Sheriff Dart, Meet the First Amendment: In a scathingly funny opinion, Judge Posner smacks down a puritanical sheriff's intimidation campaign against adult ads." Mark Joseph Stern has this Future Tense essay online at Slate.
Posted at 10:28 PM by Howard Bashman


"Constitution Check: Do U.S. laws protect Americans traveling overseas?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:25 PM by Howard Bashman


Wednesday, December 2, 2015

Programming note: On Thursday afternoon, I will be attending and serving as a presenter at a meeting of the "Justice and Journalism" program at the Newseum.

I will be traveling from suburban Philadelphia to Washington, DC on Thursday morning and back again on Thursday evening. As a result, additional posts will appear here on Thursday night. In the interim, new appellate-related retweets will appear at this blog's Twitter feed.
Posted at 11:00 PM by Howard Bashman



"Ohio Supreme Court races will feature Cincinnati Republicans, Northeast Ohio Democrats": The Cleveland Plain Dealer has this report.
Posted at 10:38 PM by Howard Bashman


"U.S. Supreme Court Justice Sam Alito agrees to swear in Hamilton Mayor Yaede": The Trentonian has this report.
Posted at 10:26 PM by Howard Bashman


"In D.C. gun-law case, appeals court debate focuses on judge's authority": Ann E. Marimow of The Washington Post had this report back on November 20, 2015, reporting on an oral argument (25.1 MB mp3 audio file) that occurred before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit earlier that day.

Yesterday, counsel for plaintiffs-appellees in the case filed this document in that D.C. Circuit appeal attaching a letter he sent yesterday to Chief Justice John G. Roberts, Jr.
Posted at 10:22 PM by Howard Bashman



"Ex-Pa. House leader: Prosecutors linked to porn emails are hypocrites." Wendy Ruderman has this article in today's edition of The Philadelphia Daily News.

Philadelphia Daily News columnist John Baer has an essay titled "Kathleen Kane takes to the stage."

And Philly.com's Philly Clout has a post titled "Clout Extra: The Good, The Bad & The Ugly of Porngate presser."
Posted at 10:03 PM by Howard Bashman



"U.S. appeals court rejects Sequenom bid to restore prenatal DNA test patent": Reuters has this report on an order denying rehearing en banc, accompanied by two concurrences and a dissent, that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 09:48 PM by Howard Bashman


"Supreme Court Temporarily Blocks Vote Limited to Native Hawaiians; State argues election conducted by nonprofit isn't an official act": Jess Bravin of The Wall Street Journal has this report.
Posted at 09:32 PM by Howard Bashman


"Ted Cruz Vows to Put Hard-Core Conservatives on Supreme Court; In an exclusive interview, the former Supreme Court litigator reveals how he would reshape the bench if elected to the White House": Sahil Kapur of Bloomberg Politics has this report today.

Online at The New York Times, Manny Fernandez has an article headlined "Ted Cruz's Senate Bid That Didn't Stop at the Senate."

And in today's edition of The New York Times, columnist Frank Bruni has an op-ed titled "Anyone but Ted Cruz."
Posted at 09:14 PM by Howard Bashman



"White House Rejects Pentagon Plan to Close Guantanamo as Too Costly; President Barack Obama asks for revised blueprint for building detainee facility in U.S. as time runs down on one of his longtime priorities": Gordon Lubold and Carol E. Lee have 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 09:06 PM by Howard Bashman



"Appeals court considering means for prosecuting Guantanamo detainees": Ann E. Marimow has this article in today's edition of The Washington Post.

I am looking forward to saying hello to Marimow at tomorrow afternoon's "Justice and Journalism" program at the Newseum.
Posted at 09:00 PM by Howard Bashman



"How Judicial Elections Impact Criminal Cases": The Brennan Center for Justice at NYU School of Law today posted online this report by Kate Berry.
Posted at 08:45 PM by Howard Bashman


"The Price We Pay for Liberty? America must not value the liberty to own a gun over the liberty to live free from violence." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 08:43 PM by Howard Bashman


"Vermont's Effort to Gather Data on Health-Care Costs Faces Supreme Court Test; Liberty Mutual argues that federal law bars states from requiring insurers to supply the data": Jess Bravin and Louise Radnofsky of The Wall Street Journal have this report.

Lawrence Hurley of Reuters reports that "U.S. justices cast doubt on scope of Vermont healthcare data law."

And Sam Hananel of The Associated Press reports that "High court skeptical of state power to gather health data."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Gobeille v. Liberty Mut. Ins. Co., No. 14-181.
Posted at 08:35 PM by Howard Bashman



"Woodfox wants U.S. Supreme Court to weigh in on his request to be freed and block a third trial in 1972 killing; Inmate seeks to block third trial in guard's 1972 death": Maya Lau has this article in today's edition of The Advocate of Baton Rouge, Louisiana.
Posted at 08:26 PM by Howard Bashman


"Wisconsin Supreme Court won't reopen John Doe probe, rules against special prosecutor": Patrick Marley of The Milwaukee Journal Sentinel has this news update.

You can access today's per curiam ruling of the Supreme Court of Wisconsin, and the opinion concurring in part and dissenting in part therefrom, at this link.
Posted at 08:09 PM by Howard Bashman



"Cyberlaw Clinic Files Amicus Brief in SJC Cell Phone Search Case": Harvard Law School's Cyberlaw Clinic, based at Harvard's Berkman Center for Internet & Society, has this blog post about an amicus brief that the clinic filed recently.
Posted at 08:00 PM by Howard Bashman


"Justice Scalia's Majoritarian Theocracy": Seventh Circuit Judge Richard A. Posner and law professor Eric J. Segall will have this op-ed in Thursday's edition of The New York Times.
Posted at 07:50 PM by Howard Bashman


"Citing surge in families at border, feds ask to speed immigration appeal": Josh Gerstein of Politico.com has this blog post today.
Posted at 07:40 PM by Howard Bashman


"11th Circuit deepens the circuit split on applying the private search doctrine to computers": Orin Kerr has this post today at "The Volokh Conspiracy."

And yesterday at "The SDFLA Blog," David Oscar Markus had a post titled "Rosenbaum vs. Martin."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 07:36 PM by Howard Bashman



"Supreme Court blocks Native Hawaiian election vote count": The Associated Press has this report.

At "SCOTUSblog," Lyle Denniston has a post titled "Hawaii election limit extended."

And at his "Election Law Blog," Rick Hasen has a post titled "Supreme Court Splits 5-4 Over Extending Stay in Hawaii Election Case."

You can view today's 5-to-4 order of the U.S. Supreme Court at this link.
Posted at 06:05 PM by Howard Bashman



Tuesday, December 1, 2015

Programming note: Because I will be in court presenting an appellate oral argument on Wednesday (as detailed at the outset of this post from earlier today), additional entries will appear here on Wednesday afternoon.

In the interim, new appellate-related retweets are likely to appear on this blog's Twitter feed.

Update: Wednesday's Pa. Superior Court oral argument went very well. And midday Wednesday eastern time, the Ninth Circuit announced that the case that I was planning to travel to Pasadena to argue next Thursday will now instead be decided on the briefs without oral argument, thus saving me from two rather hectic full days of travel sandwiched around the day of oral argument and approximately 15 minutes on YouTube.
Posted at 11:12 PM by Howard Bashman



"Fox News' Legal War Over Sharing of TV Clips Headed to Appeals Court; The cable news network agrees to delay an injunction in favor of a bid to expand the scope of a judge's order": Eriq Gardner has this post today at the "THR, Esq." blog of The Hollywood Reporter.
Posted at 10:04 PM by Howard Bashman


"Judge Posner to Speech-Squelching Sheriff: Cease and Desist." Evan Bernick has this blog entry today at The Huffington Post.
Posted at 10:00 PM by Howard Bashman


"Supreme Court Says Woman Injured in Austria Can't Sue in U.S." Adam Liptak will have this article in Wednesday's edition of The New York Times.

David G. Savage of The Los Angeles Times reports that "Supreme Court rules against Berkeley woman suing over injury in Austria."

Brent Kendall of The Wall Street Journal reports that "High Court Rules Woman in Austrian Train Accident Can't Sue in U.S.; California woman lost her legs in 2007 incident."

Jerry Markon of The Washington Post reports that "Woman hurt at Austrian train station can't sue in U.S., Supreme Court rules."

And Cristian Farias of The Huffington Post has a report headlined "The Supreme Court Is 100 Percent Unanimous; That Won't Last Long; But for one brief shining moment, the justices all agreed on something."
Posted at 09:56 PM by Howard Bashman



"Students' Protests May Play Role in Supreme Court Case on Race in Admissions": Adam Liptak will have this article in Wednesday's edition of The New York Times.
Posted at 09:50 PM by Howard Bashman


"Naked Shorts at the Supreme Court": Law professor Noah Feldman has this essay online at Bloomberg View.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning, No. 14-1132.
Posted at 09:34 PM by Howard Bashman



"Appeals Court Hears Arguments Over bin Laden Assistant's Conspiracy Conviction; Judges to weigh whether Guantanamo detainee's military-commission verdict should stand": Jess Bravin of The Wall Street Journal has this report.
Posted at 09:30 PM by Howard Bashman


"High court grants Texas a few more days in immigration case": The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "States get a bit more time for immigration reply."
Posted at 09:25 PM by Howard Bashman



Upcoming oral arguments, speaking events, and blog-related travel: On Wednesday, I will be delivering an appellate oral argument before a three-judge panel of the Superior Court of Pennsylvania in a case that I alluded to in this earlier post.

On Thursday afternoon, I will be at the Newseum in Washington, DC -- together with him, him, and her (and various others whose identities will remain a secret to me until I arrive) -- to participate in what will be my second "Justice and Journalism" program.

On Thursday, December 10, 2015, I will be in Pasadena, California to present oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in a case in which I will be entering my appearance tomorrow afternoon.

On January 11 and 12, 2016, I will be at the Emory School of Law in Atlanta, Georgia to speak at a Federalist Society gathering and also to take part in a few other things.

Two weeks later, on January 25 and 26, 2016, I will be in Dallas for planning meetings pertaining to an appellate-related event that will occur in Philadelphia in November 2016. On Tuesday morning, the planning meetings I'll be attending will be taking place at the SMU Dedman School of Law, my first visit to that law school.

Also on the agenda, but yet to be scheduled, is a visit to give a talk and/or participate in an event at the University of California, Irvine School of Law and possibly serving as a speaker or panelist at a couple of federal appellate court judicial conferences sometime in the next year or two.

As always, while I am away from home or office, the volume of blog posts may decrease but the volume of appellate-related retweets at this blog's Twitter feed will increase. Thus, readers of this blog who do not yet follow "How Appealing" on Twitter may wish to do so.
Posted at 08:55 PM by Howard Bashman



"Supreme Court Landmark Case Mapp v. Ohio": C-SPAN has posted the video of last night's broadcast, featuring professor Carolyn Long and law professor Renee Hutchins, at this link.
Posted at 02:48 PM by Howard Bashman


"Kane's 'Porngate' prosecutor has baggage of his own": Dennis Roddy has this op-ed online at The Patriot-News of Harrisburg, Pennsylvania.
Posted at 02:35 PM by Howard Bashman


"Pennsylvania AG Kathleen Kane appoints 'Porngate' prosecutors led by Doug Gansler": Michael Dresser of The Baltimore Sun has a news update that begins, "Former Maryland Attorney General Douglas F. Gansler has been appointed as a special prosecutor in charge of investigating charges that judges and other officials in Pennsylvania exchanged pornographic emails on government computers."

Angela Couloumbis and Craig R. McCoy of The Philadelphia Inquirer have a news update headlined "In 'Porngate,' Kane appoints special prosecutor."

Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania reports that "Kathleen Kane appoints 'Porngate' prosecutors led by former Md. attorney general."

Karen Langley of The Pittsburgh Post-Gazette has a news update headlined "Kane turns to former Maryland AG to lead porn email probe."

Brad Bumsted of The Pittsburgh Tribune-Review has a news update headlined "Kane turns to former Maryland attorney general to lead porn email probe."

And The Associated Press reports that "Kane names ex-Maryland AG Gansler to lead investigation into government pornography email scandal."
Posted at 02:26 PM by Howard Bashman



"Court finds cross memorial constitutional": This article appears in today's edition of The Baltimore Sun reporting on a ruling that the U.S. District Court for the District of Maryland issued yesterday.
Posted at 02:24 PM by Howard Bashman


"9th Circuit says L.A. broke the law when it cut housing subsidies for the poor": Maura Dolan of The Los Angeles Times has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 01:52 PM by Howard Bashman


Seventh Circuit panel tepidly upholds Illinois prison's ban on access to pornographic magazines: Circuit Judge Richard A. Posner issued today's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 01:48 PM by Howard Bashman


"US appeals court reconsiders decision on ex-bin Laden aide": The Associated Press has this report.

And at "Just Security," Marty Lederman has a post titled "Reflections from the en banc al Bahlul oral argument."

You can access via this link (54.0 MB mp3 audio file) the audio of today's en banc rehearing in the U.S. Court of Appeals for the D.C. Circuit.

Update: Also at "Just Security," Steve Vladeck has a post titled "Counting to Six in Al Bahlul IV."
Posted at 01:34 PM by Howard Bashman



"How Long Must an Employee Endure Discrimination? Chief Justice John Roberts is a surprise working-class hero." Mark Joseph Stern has this Supreme Court dispatch online at Slate.

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Green v. Brennan, No. 14-613.
Posted at 01:14 PM by Howard Bashman



"Affirmative action on trial: The Supreme Court dives into a dispute over what diversity means." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 11:44 AM by Howard Bashman


"An Update On The Federal Judge And 'His' Twitter Account": David Lat had this post yesterday at "Above the Law."
Posted at 10:28 AM by Howard Bashman


"Dzhokhar Tsarnaev case back in US District Court today": Milton J. Valencia of The Boston Globe has this report.

And Reuters reports that "Lawyers for Boston Marathon bomber to argue for new trial."
Posted at 10:17 AM by Howard Bashman



Access today's U.S. Supreme Court ruling in an argued case: Chief Justice John G. Roberts, Jr. delivered the opinion for a unanimous Court in OBB Personenverkehr AG v. Sachs, No. 13-1067. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Justices end Californian's lawsuit against Austrian railway."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court says woman can't sue over Austria rail injury."

And Greg Stohr of Bloomberg News reports that "Austrian Railway Shielded by U.S. High Court on Rider Suit."
Posted at 10:12 AM by Howard Bashman



"IUD use attracts new opposition from anti-abortion groups": Reuters has this report. According to the article, "The next battle will be at the U.S. Supreme Court, which has agreed to consider a new religious challenge to contraceptives coverage under President Barack Obama's healthcare law."
Posted at 08:32 AM by Howard Bashman


"Appeals court considers how to prosecute Guantanamo detainees": Ann E. Marimow of The Washington Post has a report that begins, "A federal appeals court Tuesday will reconsider a case involving the reach of military commissions and the validity of the prosecution of a former media secretary to Osama bin Laden."
Posted at 08:30 AM by Howard Bashman


"Supreme Court Faces Decisions On Where To Go Next With The Death Penalty": Chris Geidner of BuzzFeed News has this report.
Posted at 08:27 AM by Howard Bashman


"Executions, Jewish Law and the Old College Try": Mark Graber had this post yesterday at "Balkinization."
Posted at 08:26 AM by Howard Bashman


"Argument preview: How to measure 'one person, one vote.'" Lyle Denniston has this post today at "SCOTUSblog."
Posted at 08:25 AM by Howard Bashman






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