How Appealing

Sunday, January 31, 2016

"A Little Walmart Gift Card for You, a Big Payout for Lawyers": This business column appears in today's edition of The New York Times.
Posted at 08:46 PM by Howard Bashman


"Inside Traders Look to U.S. Supreme Court for Redemption": Patricia Hurtado and Greg Farrell of Bloomberg News have this report.
Posted at 08:44 PM by Howard Bashman


"SC Supreme Court race: Lawmakers fishing for anti-Abbeville sentiment? Associate justice candidates were questioned on Supreme Court's Abbeville school funding case; Judge John Few's answers might have signaled he believes Supreme Court overreached in Abbeville case; Legislature to vote Wednesday on next associate justice." The State of Columbia, South Carolina has this report.
Posted at 08:42 PM by Howard Bashman


"Setback in S.F. for abortion opponent facing charges in Texas": Bob Egelko of The San Francisco Chronicle has an article that begins, "An antiabortion activist, charged with committing crimes against Planned Parenthood in Texas, suffered another legal setback in San Francisco on Friday when a federal judge refused to let him disclose clandestinely made recordings of abortion providers in a filing with the U.S. Supreme Court."
Posted at 08:37 PM by Howard Bashman


"Diversify Pennsylvania's court system: The email scandal shows how courts in this state remain in the hands of the good-old-boy network." Anisha Singh and Jodi Hirsh have this op-ed in today's edition of The Pittsburgh Post-Gazette.
Posted at 10:52 AM by Howard Bashman


"Supreme Court sets date for birth-control mandate showdown; Justices will hear from nuns, other nonprofits on March 23": Tom Howell Jr. of The Washington Times has this report.
Posted at 09:52 AM by Howard Bashman


"Women made up majority of sitting judges on Nebraska Supreme Court for brief, historic moment": Paul Hammel of The Omaha World-Herald has an article that begins, "Quietly, with no fanfare, the Nebraska Supreme Court reached a historic, if temporary, milestone earlier this month when a majority of the sitting judges were female."
Posted at 09:50 AM by Howard Bashman


"None to the Right of Samuel Alito: A decade into his tenure on the Court, Samuel Alito has emerged as the most solidly conservative justice on the bench." Tom Donnelly and Brianne Gorod have this essay online at The Atlantic.
Posted at 09:44 AM by Howard Bashman


"Ted Cruz Promises To Create The Most Right-Wing Supreme Court In History": Emily Atkin of ThinkProgress has this report.
Posted at 09:18 AM by Howard Bashman


"D.C. Circuit Review -- Reviewed: Brooding Spirits." Aaron Nielson has this post at the Yale Journal on Regulation.
Posted at 09:16 AM by Howard Bashman


"Loosening money's grip on elections: How to change the billionaire-dominated campaign finance landscape, 40 years after Buckley vs. Valeo." Law professor Rick Hasen -- author of the "Election Law Blog" -- has this essay online at The New York Daily News.

For readers who, like me, are located in the Philadelphia region, Hasen will be speaking at the National Constitution Center at noon eastern time on Thursday, February 18, 2016. I am looking forward to seeing him then.
Posted at 09:14 AM by Howard Bashman



Saturday, January 30, 2016

"State seeks to preserve lifetime GPS monitoring of sex offender": Earlier this month, Bruce Vielmetti of The Milwaukee Journal Sentinel had an article that begins, "Wisconsin tried Friday to persuade a federal appeals court to reverse a judge's decision that lifetime GPS monitoring of some sex offenders violates the constitution."

Also earlier this month, Wisconsin Public Radio reported that "Lifetime GPS Monitoring Of Sex Offenders At Issue In Federal Case; State Argues To Appeals Court That Lifetime Monitoring Isn't A Form Of Punishment."

And The Associated Press reported earlier this month that "Court considers challenge to lifetime GPS monitoring for some sex offenders in Wisconsin."

Yesterday, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued an opinion holding that a Wisconsin law that requires lifetime GPS monitoring of a formerly civilly committed sex offender, who committed multiple sex offenses against children, neither violates the Fourth Amendment nor constitutes an unconstitutional ex post facto law. Circuit Judge Richard A. Posner wrote the majority opinion. And Circuit Judge Joel M. Flaum issued an opinion concurring in the judgment.

The appeal was orally argued on January 8, 2016. You can access the oral argument audio via this link (17.9 MB mp3 audio file). And the Wisconsin Department of Justice has posted online the opposing parties' principal briefs here and here.
Posted at 01:07 PM by Howard Bashman



"Appeals court: Sign restriction violated free-speech rights." The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
Posted at 10:24 AM by Howard Bashman


"The Votes of Other Judges": Law professors Eric A. Posner and Adrian Vermeule have posted this paper online at SSRN.
Posted at 09:36 AM by Howard Bashman


"Law Blogging Is Not 'Journalism'": S.M. Oliva has this blog post today.

My two recent related posts can be accessed here and here.
Posted at 09:30 AM by Howard Bashman



"Texas' Devious Plan To Silently Kill Roe v. Wade": Ian Millhiser had this post yesterday at ThinkProgress discussing the Brief for Respondents that Texas recently filed in the U.S. Supreme Court in the case captioned Whole Woman's Health v. Hellerstedt, No. 15-274.
Posted at 09:25 AM by Howard Bashman


"Court reinstates Kountze cheerleader religious-message lawsuit": Chuck Lindell of The Austin American-Statesman has an article that begins, "In a case that has become a rallying cry for leading state Republicans and conservative Christians, the Texas Supreme Court on Friday reinstated a lawsuit by Kountze cheerleaders seeking to protect their use of religious messages during football games."

Bobby Blanchard of The Dallas Morning News has a blog post titled "Texas high court reinstates lawsuit over cheerleaders with religious messaging."

Reuters reports that "Texas Supreme Court sides with cheerleaders on 'Bible banners.'"

The Associated Press reports that "Texas top court sides with cheerleaders in Bible banner suit."

And The Texas Tribune reports that "Cheerleader Case Can Proceed, State Supreme Court Rules."

Yesterday's ruling of the Supreme Court of Texas consisted of the opinion of the court and two concurring opinions (here and here).
Posted at 09:20 AM by Howard Bashman



Friday, January 29, 2016

"Justice Alito after Ten Years: First Amendment Coherence?" Erica Goldberg has this post today at her "In A Crowded Theater" blog.
Posted at 02:18 PM by Howard Bashman


"Appeals court revives Holocaust suit against Hungary": 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 01:42 PM by Howard Bashman


"'Notorious RBG' wows wide-eyed Brandeis crowd": Bob McGovern, legal columnist for The Boston Herald, has this essay online today.

And at The Huffington Post, Peter Dreier has a blog entry titled "A Century Ago, Louis Brandeis Beat Big Business and Anti-Semites, and Revitalized American Democracy."
Posted at 01:26 PM by Howard Bashman



"Tsarnaev lawyers file appeal of Boston Marathon bombing conviction": Reuters has this report.

And The Associated Press reports that "Lawyers for Boston Marathon bomber file notice of appeal."
Posted at 01:22 PM by Howard Bashman



"Final Senate Action on U.S. Circuit and District Court Nominations During a President's Eighth Year in Office": The Congressional Research Service on Wednesday posted online this report written by Barry J. McMillion.
Posted at 01:11 PM by Howard Bashman


"Puhl nominated to replace Kermit Bye on appeals court": Patrick Springer of The Forum of Fargo, North Dakota has an article that begins, "President Obama on Thursday nominated Jennifer Klemetsrud Puhl, a career federal prosecutor based here, to fill a vacancy on the 8th U.S. Circuit Court of Appeals."

Yesterday, the White House issued a news release titled "President Obama Nominates Jennifer Klemetsrud Puhl to Serve on the United States Court of Appeals."
Posted at 01:09 PM by Howard Bashman



"SCOTUS associate justice speaks to UF law students": Melissa Gomez of The Independent Florida Alligator, the student newspaper of the University of Florida in Gainesville, has an article that begins, "A bomb-sniffing dog searched Stephany Ashton's class Wednesday morning, and she was asked to hand over her cell phone. These safety measures were taken because Supreme Court Associate Justice Clarence Thomas gave a guest lecture."

By contrast, W. Kent Fuchs, the president of the University of Florida, did capture a video featuring Justice Thomas on his cell phone.
Posted at 01:04 PM by Howard Bashman



"James Ridgeway's Solitary Reporting": Jennifer Gonnerman has this post online at The New Yorker. Therein, she writes, "there may be no reporter in the United States who has collected more stories of solitary-confinement prisoners than the veteran investigative reporter James Ridgeway."
Posted at 09:37 AM by Howard Bashman


"Death-row inmate's case targets Georgia's strict secrecy law": The Associated Press has a report that begins, "Lawyers for an inmate set to die in days are asking a conflicted federal appeals court to weaken Georgia's law that keeps secret the source of the state's lethal injection drug. It's the toughest of a number of secrecy laws passed in recent years by death penalty states eager to stabilize their execution drug supplies."
Posted at 08:17 AM by Howard Bashman


"Bill to abolish Delaware death penalty fails in House; Lawmakers reject proposal to end capital punishment, although motion may be filed to reintroduce legislation": Jessica Masulli Reyes has this front page article in today's edition of The News Journal of Wilmington, Delaware.

And The Associated Press reports that "Delaware House rejects legislation to abolish death penalty."
Posted at 08:09 AM by Howard Bashman



"Scandal-driven turnover prompts Pa. high court to take fresh look at outstanding cases": Peter Hall of The Morning Call of Allentown, Pennsylvania has this report.

And The Scranton Times-Tribune has an editorial titled "Dysfunction current, justice late."
Posted at 08:04 AM by Howard Bashman



Thursday, January 28, 2016

"Constitution Check: Does the 'Clean Power Plan' violate the Tenth Amendment?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.

And on Tuesday at that blog, Denniston had a post titled "Constitution Check: Is there a basic flaw in campaign finance law?"
Posted at 09:35 PM by Howard Bashman



"Ruth Bader Ginsburg, at Brandeis, lauds school's namesake": Travis Andersen of The Boston Globe has this report.
Posted at 09:24 PM by Howard Bashman


"Louis D. Brandeis, The Supreme Court and American Democracy": Brandeis University has posted online at this link the video from this evening's event featuring Justice Ruth Bader Ginsburg.

This evening's program was the first of a series of events at the university to commemorate the 100th anniversary of the nomination and confirmation of Louis D. Brandeis to the U.S. Supreme Court. Today is the 100th anniversary to the day of Justice Brandeis's nomination to the Supreme Court.

The January 29, 1916 issue of The New York Times contained this article reporting on the nomination.
Posted at 08:54 PM by Howard Bashman



"Missouri Paid Executioners $250,000 In Cash, Possibly Violating Tax Law; The state pays its small team of executioners in cash to limit the paper trail; The state isn't sending proper paperwork to the IRS -- experts told BuzzFeed News that it could be contributing to tax evasion": Chris McDaniel of BuzzFeed News has this report.
Posted at 04:48 PM by Howard Bashman


"Arizona governor wants to split 9th Circuit Court of Appeals": The Associated Press has this report. My earlier coverage can be accessed here.
Posted at 04:20 PM by Howard Bashman


"White House: Obama doesn't want to serve on Supreme Court." The Associated Press has this report.
Posted at 04:15 PM by Howard Bashman


In reader mail regarding the new "SCOTUSblog" policy of "Just the facts, ma'am": In response to this post of mine from last night, another law-related blogger who has for quite some time been following the "SCOTUSblog" conflict policy saga with interest has emailed these thoughts:
I frankly don't understand SCOTUSBlog's new policy. How is it possible to cover a case, without suggesting that Petitioner or Respondent is closer to the correct rule of law? What happens if, during arguments, the Justices really beat up on one side, and give the other side an easy time? Would that be forbidden to discuss? What happens if the Circuit Court messed up, and the case is an obvious 9-0 reversal? Would that not be worth mentioning. Also, failing to discuss the "case's broader impact" makes for an awfully boring discussion. Wouldn't it be more effective to not cover such cases, at all, rather than to give them such cursory treatment? But therein lies the solution. The quickest way for SCOTUSblog to become an "impartial, journalistic entity" would be to sever all editorial and financial ties with the law firm. Better than any firewall, this obvious step would eliminate any doubts. This least-restrictive means is apparently something SCOTUSBlog has not been willing to entertain.
Of course, realistically, without any outside financial backing, "SCOTUSblog" cannot afford to sever financial ties with its sponsoring law firm. And because "SCOTUSblog" is such an invaluable resource, I and hopefully everyone else would rather see it continue to exist with those conflicts that currently present themselves than see it disappear altogether.

That being said, the blog's "Petitions to Watch" feature strikes me as particularly problematic insofar as it treats every case in which that blog's sponsoring law firm is publicly involved as worthy of inclusion, while every other law firm only gets its cases mentioned on that list if the head of the sponsoring law firm of "SCOTUSblog" deems the case worthy of mention. Deciding what cases to list as "Petitions to Watch" seems like an inquiry that is rife with potential conflicts. The most obvious solution is to omit mention of any case in which the blog's sponsoring law firm is publicly involved. The fact that hasn't happened yet shows that even automatic inclusion on the list has value, thereby demonstrating the existence of the very conflict at issue.

Another unavoidable issue arises from the fact that Amy Howe -- a wonderful person who I admire tremendously -- is the wife of "SCOTUSblog" publisher Tom Goldstein, who heads the blog's sponsoring law firm. Here at "How Appealing," I do not purport to cover my wife's work objectively. Yet at "SCOTUSblog," whenever Amy Howe has a post that reports on the work of that blog's sponsoring law firm, the following sort of "Disclosure" appears:

[Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to [the parties in a particular U.S. Supreme Court case], but I am not affiliated with the firm.]
Now I don't dispute the disclosure insofar as what it actually says, but it leaves plenty unsaid. Because "SCOTUSblog" is not self-sustaining, its sponsoring law firm makes the financial contributions that allow the blog to continue to exist. Moreover, the revenues of that sponsoring law firm allow Ms. Howe's husband to earn a living, which contributes to having a home, putting food on the table, someday sending the kids to college, etc. Regardless of whether she can be objective or not, repeatedly claiming to be objective concerning the coverage of her husband's work simply because she is "not affiliated with" that law firm seems a bit much.

The bottom line is that "SCOTUSblog" has quite a way to go before it will be independent of its sponsoring law firm. It has to achieve financial independence, but it also need to obtain editorial independence, by which I mean it would be written by people who are not close family members of the owner(s) of the sponsoring law firm or part-time employees of that law firm.

Of course, perhaps the most insightful observation appears in the final sentence of the third paragraph of the "Just the facts, ma'am" post that "SCOTUSblog" published yesterday. That sentence states that "coverage suggesting that the [sponsoring law] firm is likely to lose may raise the hackles of the firm's clients in the case." If the clients of the law firm that sponsors "SCOTUSblog" -- surely a sophisticated group -- don't regard "SCOTUSblog" as a journalistic entity independent from the influence of its sponsoring law firm, notwithstanding all efforts to the contrary, then why should any of the rest of us?
Posted at 03:30 PM by Howard Bashman



"Gov. Doug Ducey wants Arizona out of the 9th Circuit; Ducey mainly is focusing on the logistical problems related to the court's massive caseload": Dan Nowicki of The Arizona Republic has this report.

Today, the Office of the Arizona Governor Doug Ducey posted online a news release titled "Governor Doug Ducey, Arizona Congressional Leaders Call For Removal Of Arizona From The Ninth Circuit; Governor Teaming With Senator Jeff Flake, Congressman Matt Salmon On Solution To Long Postponed Issue."

Whether the Ninth Circuit should be split-up was a recurring question that I asked of federal appellate judges in this blog's now-discontinued "20 questions for the appellate judge" feature.
Posted at 01:44 PM by Howard Bashman



"House panel certifies Roush and Alston, setting up votes on Supreme Court seat": Graham Moomaw has this front page article in today's edition of The Richmond Times-Dispatch.

And Jenna Portnoy of The Washington Post reports that "Lawmakers quiz McAuliffe's pick for the high court, but questions remain."
Posted at 01:33 PM by Howard Bashman



"A Menendez Muddle?" Ross Guberman of Legal Writing Pro has this blog post.
Posted at 01:28 PM by Howard Bashman


"In a Supreme Court brief, lawyers bravely tell their own abortion stories": Columnist Ruth Marcus has this essay online at The Washington Post.
Posted at 01:12 PM by Howard Bashman


What every oral argument panel needs -- the "You're not answering [my judicial colleague's] question" judge: As reported in this post from yesterday, the Fourth Circuit yesterday heard oral argument in a legislative prayer case involving a North Carolina county.

Yesterday's post links to the oral argument audio (35.6 MB mp3 audio file) and identifies the three judges on the panel. The oral argument audio reveals that Circuit Judge Dennis W. Shedd has a propensity to scold arguing counsel for not answering (or, perhaps more accurately, not directly answering) the questions of his judicial colleagues.
Posted at 09:48 AM by Howard Bashman



"The Constitutional Convention 2016? Some liberals and conservatives are teaming up in an effort to rewrite the Constitution." Ashley Balcerzak has this essay online at Slate.

And online at The Huffington Post, Evan Bernick has a blog entry titled "Don't Amend the Constitution, Enforce It."
Posted at 09:24 AM by Howard Bashman



"Birth and Switch: Could Canada have a Ted Cruz problem?" Law professor Adam Dodek has this essay online at The Walrus.

Therein, Dodek writes, "I went to law school with Cruz. In a class of 560 Type-A overachievers, Cruz stood out as especially driven, incredibly ambitious, and rather arrogant."

And online at Politico Magazine, Shane Goldmacher and Daniel Lippman have an article headlined "When Ted Cruz Wanted to Be Part of the Establishment: He climbed over colleagues in search of W's favor, only to be rejected -- setting him on his outsider's course."
Posted at 09:21 AM by Howard Bashman



Aha, so that's why: Online at The New Yorker, law professor Lawrence Lessig yesterday had a post titled "Why I Ran For President."

And today, he has a post titled "Why I Dropped Out."
Posted at 09:14 AM by Howard Bashman



"Breyer Still Point Man for Death Penalty Abolition": Lance J. Rogers of Bloomberg BNA has this report.
Posted at 09:12 AM by Howard Bashman


"Guess which circuit holds the fewest oral arguments. (Hint: it's the same one that issues the fewest published opinions.)" Matthew Stiegler has this post today at -- spoiler alert! -- "CA3blog."
Posted at 09:10 AM by Howard Bashman


"Long-delayed issues face state Supreme Court": Peter Vaira has this op-ed in today's edition of The Philadelphia Inquirer.
Posted at 09:05 AM by Howard Bashman


Wednesday, January 27, 2016

"Court: Arizona judicial candidates can't seek campaign cash." The Associated Press has a report that begins, "A federal appeals court has reversed course and now says Arizona can prohibit some candidates for elected judgeships from soliciting campaign contributions or participating in somebody else's campaign."

And Courthouse News Service reports that "Ariz. Limits on Campaigning Judges Upheld."

You can access today's ruling of an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:32 PM by Howard Bashman



"U.S. Appeals Court Allows Killing of Snowy Owls Near Kennedy Airport": In today's edition of The New York Times, Rick Rojas has an article that begins, "A federal appeals court ruled on Tuesday that airport officials had the authority to kill migratory birds that posed a threat to planes at Kennedy International Airport."

The New York Daily News reports that "Appeals court denies animal rights group's claim against Port Authority for killing snowy white owls at JFK Airport."

The New York Post reports that "Port Authority gets OK to kill birds flying near airports."

And Jonathan Stempel of Reuters reports that "Appeals court allows bird killings near NYC airports."

You can access yesterday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 10:02 PM by Howard Bashman



"Brandeis: The first Jewish jurist named to the Supreme Court." Online at the Jewish Journal, Jonathan Kirsch has a report that begins, "Exactly 100 years have passed since the first Jewish jurist was named to the Supreme Court. Until the nomination of Louis Brandeis to the high court by President Woodrow Wilson on Jan. 28, 1916, all nine seats had always been occupied by white, Anglo-Saxon males, almost all of them Protestant."

And online at The Forward, Jonathan Sarna has an essay titled "100 Years Later, Has Louis Brandeis's Supreme Court Nomination Changed Anything?"
Posted at 09:20 PM by Howard Bashman



"Challengers warn of partisan politics in state high court race": Bruce Vielmetti of The Milwaukee Journal Sentinel has this report.
Posted at 09:15 PM by Howard Bashman


"States seek court delay in enforcement of Clean Power Plan": The Associated Press has this report.
Posted at 08:44 PM by Howard Bashman


"Judge Vance Day should be ousted from job, in part for refusing to marry gays, commission says": Aimee Green of The Oregonian has this report.

The Statesman Journal of Salem, Oregon reports that "Commission recommends removing Judge Vance Day."

And Reuters has an article headlined "Oregon judge who refused to perform gay marriages should lose job: panel."

You can view Monday's opinion of the Oregon Commission on Judicial Fitness and Disability at this link.
Posted at 08:35 PM by Howard Bashman



"Clinton 'loves' the idea of appointing Obama to Supreme Court": Kelly Riddell of The Washington Times has this report.

And Gabriel Debenedetti of Politico.com reports that "Hillary Clinton thinks Obama on the Supreme Court is a 'great idea.'"
Posted at 08:20 PM by Howard Bashman



"Texas urges Supreme Court to uphold abortion law": Lawrence Hurley of Reuters has this report.
Posted at 08:12 PM by Howard Bashman


This blog apparently needs more editorial policies: In its never-ending quest for journalistic purity, "SCOTUSblog" today has a post from Amy Howe titled "A new policy -- just the facts, ma'am." That post also notes that "SCOTUSblog" already has an overabundance of other policies. Indeed, one day the quest for journalistic purity may extend to excluding all cases in which its sponsoring law firm is involved from that blog's "Petitions to Watch" feature instead of including all such cases, as is now somehow justified as representing the least conflict-inducing approach.

Sadly, the absence of editorial policies at "How Appealing" over this blog's nearly 14-year lifespan means that some may question or comment on (see here and here) whether this blog is a journalistic endeavor.

And without policies, what is there to prevent me from linking to the Bashman Wikipedia entry, or a photograph of the Bashman Bayou near New Orleans, or Bashman news from Australia?

Thus, until this blog adopts some editorial policies, it will continue to remain proudly editorial policy-free since May 6, 2002.
Posted at 07:56 PM by Howard Bashman



In the February 2016 issue of The ABA Journal magazine: Mark Walsh has an article headlined "After his first decade, Alito is 'every bit as conservative as conservatives could have dreamed.'"

Lorelei Laird has an article headlined "Can patent laws halt the reselling of used ink cartridges? Federal Circuit to consider."

And Laird also has an article headlined "Meet the father of the landmark lawsuit that secured basic rights for immigrant minors."
Posted at 07:32 PM by Howard Bashman



"D.C. Circuit Review -- Reviewed: 'The RICO Racket' (Or More on the Divide Between Judges and Scholars)." At the the Yale Journal on Regulation, Aaron Nielson has a blog post that begins, "Here is a little known fact about Justice Samuel Alito: in 1989, he wrote a chapter for a book entitled The RICO Racket."
Posted at 07:23 PM by Howard Bashman


"Abortion and capital punishment: The Supreme Court may have a smidgen of judicial modesty after all." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 07:18 PM by Howard Bashman


"How Marsha Levick changed the face of juvenile justice": In today's edition of The Philadelphia Inquirer, Samantha Melamed has an article that begins, "On Monday, more than 500 Pennsylvania inmates sentenced as juveniles to die in prison -- 300 of them from Philadelphia -- learned they'll have a chance at release after all."
Posted at 07:10 PM by Howard Bashman


"Prayer lawsuit attorneys argue in federal appeals court": Josh Bergeron of The Salisbury (N.C.) Post has this report.

And The Associated Press reports that "Court weighs practice of Christian prayers at meetings."

My friend Allyson Ho argued the appeal on behalf of the county, and Christopher Brook of the American Civil Liberties Union of North Carolina argued for the plaintiff-appellee.

You can access the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit, consisting of Circuit Judges J. Harvie Wilkinson III, Dennis W. Shedd, and G. Steven Agee, in Lund v. Rowan County, N.C. via this link (35.6 MB mp3 audio file).
Posted at 05:17 PM by Howard Bashman



"4th Circuit hears arguments in Gloucester transgender student discrimination case": Louis Llovio of The Richmond Times-Dispatch has this report.

Frances Hubbard of The Daily Press of Newport News, Virginia has an article headlined "Body or mind: Appeals court judges question what defines gender in Gloucester lawsuit." You can freely access the full text of this article via Google.

The Associated Press reports that "Attorney urges court to rule in transgender student's favor."

And Reuters reports that "U.S. court hears arguments on transgender student using boys' bathroom."

You can access the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit, consisting of Circuit Judges Paul V. Niemeyer and Henry F. Floyd and Senior Circuit Judge Andre M. Davis, in G.G. v. Gloucester County School Board via this link (28.2 MB mp3 audio file).
Posted at 05:04 PM by Howard Bashman



Tuesday, January 26, 2016

Programming note: I made it back home tonight from the 2016 AJEI Summit planning meeting in Dallas.

On Wednesday, I will be presenting an appellate oral argument on behalf of the plaintiffs-appellees in this case to a three-judge panel of the Superior Court of Pennsylvania.

Blogging should return to normal by Wednesday night.

Update: Wednesday's oral argument went very well. Early coverage is available from The Legal Intelligencer (subscription required for full access) and Law360.com (ditto).
Posted at 11:40 PM by Howard Bashman



"A 'view' from the courtroom: No snow day here." Mark Walsh had this post yesterday at "SCOTUSblog."
Posted at 07:08 AM by Howard Bashman


Monday, January 25, 2016

Greetings from Dallas, Texas: My flight this morning from snowy Philadelphia was delayed just long enough to cause me to miss my connecting flight from Atlanta to Dallas Love Field. Fortunately, Delta re-booked me on the very next flight, allowing me to arrive just in time for this evening's 2016 AJEI Summit planning meeting.

On Tuesday afternoon into Tuesday night, I will be traveling home to Philadelphia. On Wednesday morning, I have a Pa. Superior Court oral argument. As a result, blogging will be on a limited schedule through Wednesday afternoon.
Posted at 11:35 PM by Howard Bashman



Sunday, January 24, 2016

Programming note: I will be traveling to Dallas, Texas during the day on Monday, to attend a planning session on Monday evening for the 2016 AJEI Summit, which will be occurring in November 2016 in my hometown of Philadelphia.

On Tuesday morning, I will be at the at the SMU Dedman School of Law in Dallas for a continuation of the AJEI Summit planning session.

On Wednesday morning, following my return home late Tuesday night, I will be presenting an appellate oral argument on behalf of the plaintiffs-appellees in this case to a three-judge panel of the Superior Court of Pennsylvania.

As a result, new posts will not appear here until Monday afternoon or evening. On Tuesday, appellate-related updates are likely to appear only at this blog's Twitter feed. And on Wednesday, new posts are unlikely to appear until late in the afternoon, although appellate-related retweets may appear at this blog's Twitter feed throughout the day. If you don't already follow "How Appealing" on Twitter, you can do so via this link.
Posted at 11:23 PM by Howard Bashman



"Family's fight over vacation land goes to U.S. Supreme Court": Bruce Vielmetti of The Milwaukee Journal Sentinel has an article that begins, "Wisconsin is full of stories about cabin owners at odds with shoreland conservation and development rules. But only one has made it to the U.S. Supreme Court. Earlier this month, the justices agreed to hear the Murr family's claim that St. Croix County effectively took its property without compensation."
Posted at 09:00 PM by Howard Bashman


"Superior Court throws out some charges against former PSU administrators": Paula Reed Ward of The Pittsburgh Post-Gazette has an article that begins, "The state Superior Court on Friday dismissed several criminal counts against three former Penn State administrators charged as part of the Jerry Sandusky sex assault case, finding that they were not properly represented by the university's general counsel during their own grand jury testimony."

You can access here, here, and here the three rulings that the Superior Court of Pennsylvania issued on Friday.
Posted at 02:05 PM by Howard Bashman



"Efforts to repeal Kansas death penalty may be stymied by U.S. Supreme Court's decision": The Lawrence Journal-World has this report.
Posted at 01:56 PM by Howard Bashman


"Pa. Justices To Rehear More Than 25 Cases From 2015": Matt Fair of Law360.com has an article (subscription required for full access) that begins, "The Pennsylvania Supreme Court has hit the reset button on nearly 30 cases left undecided at the end of 2015 in order to work around the suspension of Justice J. Michael Eakin and to allow input from three new justices who took the bench earlier this month."

abc27.com News of Harrisburg, Pennsylvania has a report headlined "Supreme Court's Eakin: 'I should not have been suspended.'"

In today's edition of The Pittsburgh Tribune-Review, Brad Bumsted has an article headlined "Pornocopia insanity in Harrisburg."

Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania reports that "Justice Eakin's trial for offensive emails could bring scrutiny for other judges."

Angela Couloumbis of The Philadelphia Inquirer reports that "Judicial panel zeroes in on review of Eakin's emails." The newspaper also published an editorial titled "Crisis of credibility."

And The Associated Press reports that "Eakin looks to limit emails being considered in ethics case."
Posted at 01:00 PM by Howard Bashman



"In Nine Trips to Supreme Court, Ted Cruz Saw Mixed Results": Aman Batheja of The Texas Tribune has this report.
Posted at 12:34 PM by Howard Bashman


"Tight three-way race so far for SC Supreme Court justice seat; 'Only the good Lord knows who will win'; Hard-fought contest will end Feb. 3 when lawmakers vote": The State of Columbia, South Carolina has this report.

And in other Carolina-related appellate news, at the November 2015 AJEI Summit in Washington, DC, I learned (in a private conversation) which style of North Carolina barbecue the Chief Justice of North Carolina prefers. During my then-recent sojourn through western North Carolina, a little over a month before the AJEI Summit, I had conducted a bit of my own research (see here and here). More discussion of the two major styles of North Carolina barbecue can be accessed here, here, here, and here.

This November, the 2016 AJEI Summit will be taking place in my hometown of Philadelphia, so I am hoping to see plenty of "How Appealing" readers there. Tomorrow and Tuesday, I will be in Dallas, Texas at the SMU Dedman School of Law for a planning session relating to this year's Summit.
Posted at 10:34 AM by Howard Bashman



"In Immigration Case, Politics Front and Center": Kenneth Jost has this post today at his redesigned "Jost on Justice" blog.
Posted at 10:18 AM by Howard Bashman


"Yogi Berra's guide to appellate advocacy": Attorney Earl K. Cantwell has this article online at the Buffalo Law Journal.
Posted at 10:06 AM by Howard Bashman


"Symposium on 'Invisible Justices'": Friday at "Dorf on Law," Eric Segall had a post that begins, "On February 11, the Georgia State University Law Review is hosting a comprehensive symposium on Supreme Court transparency."

Segall writes that "C-Span is considering covering the event." As someone who won't be attending the event in person, it would be great if C-SPAN made video of the event more widely available.
Posted at 09:57 AM by Howard Bashman



Saturday, January 23, 2016

"What's the Point of a Supreme Court Dissent? A recent book shows that, before Antonin Scalia, dissents were valuable to the Court; Now they may be endangering the institution." In the February 8, 2016 issue of The Nation, Michael O'Donnell has this review of Melvin I. Urofsky's book, "Dissent and the Supreme Court: Its Role in the Court's History and the Nation's Constitutional Dialogue."
Posted at 10:44 PM by Howard Bashman


"California Supreme Court to review opinion in UCLA stabbing case": Stephen Ceasar of The Los Angeles Times has an article that begins, "The California Supreme Court agreed Thursday to review an appellate court decision that public colleges and universities have no responsibility to protect students from violence committed by other students on campus."
Posted at 10:38 PM by Howard Bashman


"Unwanted Navy text brings Chicagoan Supreme Court victory": Kim Janssen of The Chicago Tribune has this report.
Posted at 10:36 PM by Howard Bashman


"Supreme Court Justice Breyer Weighs In on Immigration": Bloomberg News recently posted the video of this interview online.
Posted at 10:33 PM by Howard Bashman


"Dayton selects first openly gay judge for state Supreme Court; Minnesota Appeals Court Judge Margaret Chutich was the pick for the state's highest court": Maya Rao has this front page article today in The Minneapolis Star Tribune.

And in today's edition of The Pioneer Press of St. Paul, Minnesota, Rachel E. Stassen-Berger has a front page article headlined "Margaret Chutich will be Minnesota Supreme Court's first openly gay member."
Posted at 10:14 PM by Howard Bashman



Friday, January 22, 2016

"Kansas Court of Appeals splits on constitutionality of 'dismemberment' abortion ban; Shawnee County District Court ruling stopping the ban stands": Justin Wingerter of The Topeka Capital-Journal has this report.

Edward M. Eveld of The Kansas City Star reports that "Evenly divided Kansas Appeals Court says 'no' to state abortion law."

In Saturday's edition of The New York Times, Erik Eckholm will have an article headlined "Kansas Court of Appeals Voids Restrictive 2015 Abortion Law."

And The Associated Press has a report headlined "Appeals court: Kansas Constitution protects abortion rights."

You can access today's evenly divided ruling of the en banc Court of Appeals of Kansas at this link.
Posted at 11:20 PM by Howard Bashman



"Will the Supreme Court strike back at Obama's overreach?" Columnist George F. Will has this essay online at The Washington Post.

And online at The Atlantic, law professor Garrett Epps has an essay titled "Will the U.S. Supreme Court Tell Obama to 'Take Care'? An extra question posed by the justices weighing a challenge to Obama's immigration program could turn the case into a constitutional showdown."
Posted at 10:52 PM by Howard Bashman



"California lethal injection plan spurs capital punishment fight": Reuters has this report.
Posted at 10:33 PM by Howard Bashman


"Whitesboro, N.Y., in Reversal, Will Change a Logo Called Racist": Marc Santora will have this article in Saturday's edition of The New York Times.
Posted at 10:32 PM by Howard Bashman


"Supreme Court Asked to Review Batmobile Copyright Dispute; A mechanic warns the justices about the danger of letting a legal decision in favor of Warner Bros. stand": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter.
Posted at 10:27 PM by Howard Bashman


"Justice Breyer Is Dying For A Case That Will Kill The Death Penalty For Good: He's ready." Cristian Farias of The Huffington Post has this report.
Posted at 10:24 PM by Howard Bashman


"Are You a Drunken Driver After You Stop Driving?" Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 07:14 PM by Howard Bashman


"Presidential Candidates, Silent on Presidential Power": Charlie Savage will have this news analysis in the Sunday Review section of this upcoming Sunday's edition of The New York Times.
Posted at 07:00 PM by Howard Bashman


"Scalia clerk shares softer side of justice known for fiery opinions": Jeff Bell has this article online today at Columbus (Ohio) Business First.
Posted at 04:06 PM by Howard Bashman


"Want to get your case to the Supreme Court? New study tells you which lawyers to hire." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.

I previously linked to the study in a post you can access here.
Posted at 04:02 PM by Howard Bashman



Programming note: This morning, I am meeting with trial counsel for plaintiffs to prepare for an upcoming Pa. Superior Court oral argument in a case that has previously been in the news. As a result, additional posts will appear here this afternoon.
Posted at 09:02 AM by Howard Bashman


Thursday, January 21, 2016

"Judges press Utah about polygamy ban in 'Sister Wives' case": The Associated Press has a report that begins, "An effort to decriminalize polygamy by the family from the TV show 'Sister Wives' reached its highest level of the legal system so far Thursday as federal appeals judges questioned a lawyer for Utah about whether the state needs to ban plural marriages."
Posted at 10:40 PM by Howard Bashman


"The court and the world: American law and the new global realities; A conversation with Justice Stephen Breyer." Dahlia Lithwick and Benjamin Wittes conducted this interview (audio available) of Justice Stephen G. Breyer earlier this afternoon at the Brookings Institution.
Posted at 04:08 PM by Howard Bashman


"U.S. Escalates Battle to Keep Guantanamo Force-Feeding Tapes Hidden": Cora Currier of The Intercept has this report.
Posted at 04:02 PM by Howard Bashman


"As Obama pushes agenda, Texas leads legal push-back": Jon Herskovitz of Reuters has this report.
Posted at 04:00 PM by Howard Bashman


"Robots Could Make the Supreme Court More Transparent; Computer models can determine the authorship of unsigned legal decisions with startling accuracy": Adrienne LaFrance of The Atlantic has this report.
Posted at 01:32 PM by Howard Bashman


"Heffernan v. Paterson and an Absurd First Amendment Doctrine": Gilad Edelman has this post online at The New Yorker.
Posted at 01:28 PM by Howard Bashman


"An Ideological Scramble on Immigration at the Supreme Court": Jeffrey Toobin has this post online at The New Yorker.
Posted at 01:24 PM by Howard Bashman


"Supreme Court hearing on an Alaskan hunter's hovercraft: It's complicated." Robert Barnes has this article in today's edition of The Washington Post.

In today's edition of Alaska Dispatch News, Erica Martinson has a front page article headlined "Supreme Court hears case testing boundaries of federal authority over Alaska waters."

Lawrence Hurley of Reuters reports that "U.S. justices target Alaska moose hunter's hovercraft claim."

Lydia Wheeler of The Hill reports that "High court weighs federal land rules in hovercraft case."

Robin Bravender of Greenwire reports that "Fate of hovercraft murky as justices weigh Alaska case."

Rebecca Wilhelm of Bloomberg BNA reports that "Supreme Court Considers Meaning of Alaska Land-Use Law."

And Liz Ruskin of Alaska Public Radio Network reports that "Supreme Court hears Alaska hovercraft case."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Sturgeon v. Frost, No. 14-1209.
Posted at 01:15 PM by Howard Bashman



"Your Freedom Not to Speak Is Protected Too": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 01:02 PM by Howard Bashman


"Supreme Court Ruling Bolsters Ability to Build Class Actions": Adam Liptak has this article in today's edition of The New York Times.

Jess Bravin of The Wall Street Journal reports that "Supreme Court Rules Against Telemarketer in Class-Action Case; Suit involving spam texts can proceed despite defendant company's settlement offer."

Richard Wolf of USA Today reports that "Supreme Court says class action lawsuits can survive compensation offers."

Greg Stohr of Bloomberg News reports that "Top U.S. Court Rejects Companies on Stopping Class Actions."

Lawrence Hurley of Reuters reports that "U.S. top court rules against advertising firm in class action case."

The Associated Press reports that "Supreme Court rules against business in class-action case."

Lydia Wheeler of The Hill reports that "Supreme Court deals defeat to business on class-action suits."

Cristian Farias of The Huffington Post reports that "Justice Ginsburg Leads Supreme Court Majority To Deliver Blow To Big Business; Corporations won't be able to head off class action lawsuits by simply making a money offer to plaintiffs."

And at ThinkProgress, Ian Millhiser has a post titled "Justice Ginsburg Hands Surprise Victory To Consumers Over Big Business."

You can access yesterday's ruling of the U.S. Supreme Court in Campbell-Ewald v. Gomez, No. 14-857, at this link.
Posted at 11:37 AM by Howard Bashman



"You've Got a Lot of Chutzpah: Pondering the Prevalence of Chutzpah as a Legal Term, and Revisiting the Very Issue of Chutzpah." Doron Kenter had this post yesterday at the "Bankruptcy Blog" of Weil, Gotshal & Manges LLP.
Posted at 11:22 AM by Howard Bashman


"Appeals court to hear 'Sister Wives' polygamy case": The Associated Press has a report that begins, "Lawyers for a family made famous by the TV show 'Sister Wives' are set to ask a federal appeals court on Thursday to uphold a ruling that decriminalized polygamy in Utah."
Posted at 11:06 AM by Howard Bashman


"Supreme Court To Review If Obama Immigration Actions Were 'Faithfully Executed'": Nina Totenberg had this audio segment on Tuesday evening's broadcast of NPR's "All Things Considered."
Posted at 08:50 AM by Howard Bashman


"Scalia's Putsch at the Supreme Court": Linda Greenhouse has this essay online today at The New York Times.
Posted at 08:49 AM by Howard Bashman


Wednesday, January 20, 2016

"Two Sides of Ted Cruz: Tort Reformer and Personal Injury Lawyer." Elizabeth Williamson will have this Editorial Observer essay in Thursday's edition of The New York Times.
Posted at 09:48 PM by Howard Bashman


"Constitution Check: Is the Supreme Court playing politics with immigration?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:32 PM by Howard Bashman


"Judging a Bribe Is Hard If It's Unsuccessful": Online at Bloomberg View, law professor Noah Feldman has an essay that begins, "Who put the quid in the quid pro quo? Was it the same person who put the ram in the rama lama ding dong? The U.S. Supreme Court said Friday that it would consider a version of this eternal question in the appeal of Bob McDonnell, the convicted former governor of Virginia."
Posted at 09:26 PM by Howard Bashman


"John Roberts' Worst Judicial Nightmare: Conservatives say Obama does not 'take care.'" Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 09:22 PM by Howard Bashman


"Why class action bar's SCOTUS win in Campbell-Ewald could be tenuous": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 03:52 PM by Howard Bashman


"Constitutional Accountability Center Announces Elizabeth B. Wydra As New President": You can access the organization's news release at this link.
Posted at 03:48 PM by Howard Bashman


"Court considers child porn appeal from ex-school headmaster": The Associated Press has a report that begins, "Delaware's Supreme Court justices appear to have serious concerns about the validity of a search warrant that led to the arrest and conviction of a former prep school headmaster on child pornography charges."

And The News Journal of Wilmington, Delaware reports that "Supreme Court hears Wheeler's child porn appeal."

You can access online via the web site of the Supreme Court of Delaware the video of today's oral argument in Wheeler v. State of Delaware, along with the brief for appellant, the state's answering brief, and the reply brief for appellant.
Posted at 03:18 PM by Howard Bashman



"Wright as U.S. judge in historic appointment; With the vote (including 14 Republicans), she again makes judicial history": The Minneapolis Star Tribune has an article that begins, "The U.S. Senate has confirmed Minnesota Supreme Court Justice Wilhelmina Marie Wright to fill a vacancy on the U.S. District Court of Minnesota, making her the state's first black female federal judge and ending nearly a year of waiting. Wright was confirmed after a 58-36 vote on Tuesday."

You can access the U.S. Senate's official roll call vote tally on the confirmation at this link.
Posted at 02:33 PM by Howard Bashman



"President Obama, Meet the 'Take Care' Clause; The Supreme Court orders the president to prove that he is faithfully executing the law": Law professor Josh Blackman has this essay online today at National Review.
Posted at 02:28 PM by Howard Bashman


"As Supreme Court Clerk, Ted Cruz Made Death Penalty His Cause": Jason Horowitz will have this article in Thursday's edition of The New York Times.
Posted at 02:26 PM by Howard Bashman


"A moose-hunter and his hovercraft tell the Supreme Court Alaska is different": Robert Barnes of The Washington Post has this report.
Posted at 11:44 AM by Howard Bashman


"Obama faces immigration hurdles even if he wins at high court": Lawrence Hurley of Reuters has this report.
Posted at 08:07 AM by Howard Bashman


"Immigration Case Ratchets Up Supreme Court Drama": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:05 AM by Howard Bashman


"Two more Pa. Supreme Court justices received offensive emails, records show": Mark Fazlollah, Craig R. McCoy, and Angela Couloumbis have this front page article in today's edition of The Philadelphia Inquirer.

And in yesterday's edition of that newspaper, McCoy had an article headlined "Cumberland County judges write -- some say improper -- letter supporting Justice Eakin."
Posted at 08:02 AM by Howard Bashman



Tuesday, January 19, 2016

"The Case Against Separating Church and State": Online at Bloomberg View, law professor Noah Feldman has an essay that begins, "Is the separation of church and state unconstitutional? You read that right. The U.S. Supreme Court said Friday that it would consider whether Missouri's constitution, which bars state aid to religious groups, violates the U.S. Constitution by discriminating against religion."
Posted at 10:02 PM by Howard Bashman


"Hovercraft-riding moose hunter targets federal land policy": Robin Bravender of Greenwire has this report.
Posted at 03:50 PM by Howard Bashman


"High court split over police officer's First Amendment case": The Associated Press has this report.

And Robert Iafolla of Reuters reports that "U.S. justices split on New Jersey cop's political retaliation claim."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Heffernan v. City of Paterson, No. 14-1280.
Posted at 03:03 PM by Howard Bashman



"Worse than Death": Last Friday, The Yale Law Journal Forum posted online this contribution from Ninth Circuit Judge Alex Kozinski about solitary confinement in prison.
Posted at 11:26 AM by Howard Bashman


"The Story Behind The Deadliest Prison Bus Crash In Texas History: In January 2015, a prison transport carrying 15 men -- three guards and 12 chained-together inmates -- ran off the road; It was one of the bloodiest days in the history of Texas prisons." Albert Samaha of BuzzFeed News has this report.
Posted at 11:23 AM by Howard Bashman


"Ten Years After Last Execution, California's Death Row Continues to Grow": Liliana Segura has this report online at The Intercept.
Posted at 11:20 AM by Howard Bashman


"In Union Case, Counting to Five to Overrule Precedent": Kenneth Jost had this post Sunday at his blog, "Jost on Justice."
Posted at 09:50 AM by Howard Bashman


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

In early news coverage, Adam Liptak and Michael D. Shear of The New York Times report that "Supreme Court to Hear Challenge to Obama Immigration Actions."

Robert Barnes of The Washington Post reports that "Supreme Court to review Obama's power on deportation policy."

Richard Wolf of USA Today reports that "Supreme Court will rule on President Obama's immigration plan" and "Supreme Court refuses to hear another Obamacare case."

Jess Bravin of The Wall Street Journal reports that "Supreme Court to Rule on Obama's Bid to Block Deportations; Sets the stage for a blockbuster ruling on presidential powers in key immigration case."

The Associated Press reports that "Supreme Court sets election-year clash on immigration"; "High court rejects new challenge to Obama health overhaul"; "Supreme Court rejects Arkansas bid to revive abortion law"; "High court rejects challenge over contractor contributions"; and "High court rejects appeal over Picasso painting."

Lawrence Hurley of Reuters reports that "U.S. top court agrees to review Obama immigration action"; "U.S. Supreme Court agrees to hear insider trading appeal"; "U.S. top court rejects new challenge to Obamacare"; and "U.S. justices reject Arkansas bid to revive abortion law." In addition, Jessica Dye reports that "U.S. Supreme Court won't review J&J appeal of $140 million judgment."

Greg Stohr of Bloomberg News reports that "Obama's Immigration Plan Gets Review From U.S. Supreme Court"; "Insider-Trading Clash Will Get Review From U.S. Supreme Court"; "Obamacare Left Intact as U.S. Supreme Court Rejects Appeal"; and "Arkansas Rejected by U.S. Supreme Court on 12-Week Abortion Ban."

Cristian Farias and Elise Foley of The Huffington Post report that "Supreme Court To Decide Fate Of Obama's Immigration Policy Before The Election; Over Texas' objections, the justices agree to hear the case this spring."

And at "SCOTUSblog," Lyle Denniston has a post titled "Immigration policy: Review and decision this Term."
Posted at 09:37 AM by Howard Bashman



"Constitution Check: Are the states' 'Blaine Amendments' on shaky ground?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:30 AM by Howard Bashman


"Finding Certainty in Cert: An Empirical Analysis of the Factors Involved in Supreme Court Certiorari Decisions from 2001-2015." Adam Feldman and Alexander Kappner have posted this paper online at SSRN.
Posted at 09:22 AM by Howard Bashman


"An Employee Mistakenly Steps Into Politics; Can The Government Retaliate?" Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 09:20 AM by Howard Bashman


Monday, January 18, 2016

"Convicted Supreme Court justice Orie Melvin files new arguments in appeal": Brian Bowling of The Pittsburgh Tribune-Review has a news update that begins, "The state violated Joan Orie Melvin's constitutional rights when it charged her with theft of services for using her staff to perform political work, the convicted former Supreme Court justice argues in federal court documents."
Posted at 11:42 PM by Howard Bashman


"Supreme Court must decide the value of a dog; Death of Lola the dachshund leads to thorny legal question": Bill Rankin of The Atlanta Journal-Constitution has this report.
Posted at 10:24 PM by Howard Bashman


"Heidi Nelson Cruz: A Political Spouse Making Sacrifices and Courting Donors." Steve Eder and Matt Flegenheimer have this front page article in today's edition of The New York Times.
Posted at 09:58 PM by Howard Bashman


"NY man faces case that tests limits of criminal blame": The Associated Press has this report.
Posted at 03:58 PM by Howard Bashman


"Senate panel kills bill to decriminalize adultery": Graham Moomaw of The Richmond Times-Dispatch has a news update that begins, "A proposal to decriminalize adultery in Virginia was killed Monday morning by a state Senate committee."

And The Associated Press reports that "Virginia panel rejects bill to decriminalize adultery."
Posted at 03:56 PM by Howard Bashman



"Short blog posts have their advantages": Kevin O'Keefe had this post recently at "Real Lawyers Have Blogs."

Therein, he writes: "Look at one of the most extraordinarily successful law blogs. Pennsylvania Appellate Attorney, Howard Bashman, has been publishing his blog, How Appealing, for almost fourteen years. Each post is two to three lines long documenting a case and result. Bashman's posts are tad short for my liking . . . ."
Posted at 02:56 PM by Howard Bashman



In Bashman news from Australia: In recent months, Australia has been derelict in failing to provide any Bashman news. For those who have been yearning for a return of this formerly semi-regular feature, thank you for bearing with me until now.

Today, Australia's Seven News reports that "Drunk dad abandons son to bash man at train station" (with video).

According to the video report, the attacker's case is now heading to appeal, making this perhaps the very first Bashman news from Australia to actually contain its own appellate angle.
Posted at 02:50 PM by Howard Bashman



"Supreme Court keeps protections for Santa Ana sucker fish": In today's edition of The Sun of San Bernardino, California, Jim Steinberg has a front page article that begins, "The U.S. Supreme Court has let stand protection of 9,300 acres of critical habitat for the Southern California Santa Ana sucker fish."
Posted at 01:50 PM by Howard Bashman


"High court will hear case tied to Mass. clinic death": In today's edition of The Boston Globe, Liz Kowalczyk has a front page article that begins, "The Supreme Court has agreed to review a case brought by the parents of a deceased Massachusetts teenager against Universal Health Services, the largest owner of psychiatric hospitals and clinics in the country."
Posted at 01:47 PM by Howard Bashman


"Apple v. Samsung: tech powers urge U.S. Supreme Court to take up patent feud." Howard Mintz of The San Jose Mercury News has this report.

Jeff John Roberts of Fortune reports that "Tech Giants Back Samsung at Supreme Court in Apple Patent Fight."

And Shara Tibken of c|net reports that "Tech giants, farmers voice support for Samsung in Apple patent spat; Various companies, legal experts and nonprofits argue the high damages allowed in design patent infringement suits hurt everyone from large tech companies to farmers and consumers."
Posted at 01:42 PM by Howard Bashman



"Case Could Widen Free-Speech Gap Between Unions and Corporations": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:38 PM by Howard Bashman


"Ohio Supreme Court building needs millions in repairs": Randy Ludlow of The Columbus Dispatch has an article that begins, "Eleven years after spending $85.6 million to renovate its ornate new home Downtown, the Ohio Supreme Court is spending more than $3 million to replace systems that are failing."
Posted at 01:35 PM by Howard Bashman


"N.J. cop demoted as act of political revenge? U.S. Supreme Court wants to know." Jonathan D. Salant of NJ.com has an article that begins, "The U.S. Supreme Court on Tuesday will be asked to decide whether former Paterson police officer Jeffrey J. Heffernan was wrongly demoted based on the perception that he was supporting a challenger to the incumbent mayor."
Posted at 01:30 PM by Howard Bashman


"New Koch: The billionaire brothers are championing criminal-justice reform; Has their formula changed?" Jane Mayer has this article in the January 25, 2016 issue of The New Yorker.
Posted at 10:22 AM by Howard Bashman


"How close is too close for judicial bias?" Jessica Parks has this article in today's edition of The Philadelphia Inquirer.

Last month, an en banc panel of the Superior Court of Pennsylvania evenly divided 4-to-4 as to the judicial recusal issue in this case. Last month's ruling consisted of an opinion announcing the judgment of the court in part and affirming in part and an opinion concurring in part and dissenting in part.

Two of the three newest Pa. Supreme Court justices participated in the en banc Pa. Superior Court ruling -- disagreeing on how the recusal issue should be resolved -- so if Pennsylvania's highest court were to agree to review the case, neither of those two judges would be likely to participate in the consideration and resolution of the matter.
Posted at 08:50 AM by Howard Bashman



"Supreme Court to hear Microsoft Xbox 360 console-defect case; Tens of thousands of gamers complained that the console scratched game discs": David Kravets of Ars Technica has this report.
Posted at 08:33 AM by Howard Bashman


"ChIPs Hall of Fame 2015: Justice Ruth Bader Ginsburg." Last October, the organization ChIPs -- which supports, educates, and promotes the advancement, development and retention of women in patent- and intellectual property-related fields -- inducted both Justice Ruth Bader Ginsburg and her daughter, law professor Jane C. Ginsburg, into its hall of fame.

In November 2015, Columbia Law School issued a news release titled "The Ginsburgs Are Inducted Into IP Hall of Fame: U.S. Supreme Court Justice Ruth Bader Ginsburg '59 and Columbia Law School Professor Jane C. Ginsburg Are Both Recognized for Leading Women into the Field of Intellectual Property Law." And the remarks of Federal Circuit Judge Pauline Newman at the induction ceremony can be accessed here.

Earlier this month, ChIPs posted online at YouTube two related videos titled "ChIPs Hall of Fame 2015: Justice Ruth Bader Ginsburg" and "ChIPs Hall of Fame 2015: Professor Jane Ginsburg."
Posted at 08:30 AM by Howard Bashman



Sunday, January 17, 2016

"Cruz first drew conservative attention at Supreme Court; Conservative traits shown as young solicitor general": Bill Lambrecht of The San Antonio Express-News has this report.
Posted at 11:09 PM by Howard Bashman


"New issue in Trump-Cruz battle: John Roberts." David Jackson of USA Today has this report.
Posted at 10:32 PM by Howard Bashman


"Appeals court reins in judge in Sagebrush Rebellion case": Bob Egelko of The San Francisco Chronicle has this news update reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued Friday.
Posted at 09:32 PM by Howard Bashman


"Sturtevant backs keeping Roush on Supreme Court": In today's edition of The Richmond Times-Dispatch, Jim Nolan has a front page article that begins, "A freshman Republican senator from Richmond is standing up -- and standing in the way of plans by the General Assembly's Republican leadership to oust a Virginia Supreme Court justice."
Posted at 11:02 AM by Howard Bashman


"U.S. Supreme Court to hear Joliet police case": David G. Savage had this article yesterday in The Chicago Tribune.
Posted at 10:54 AM by Howard Bashman


"Ted Cruz cited professor at heart of citizenship spat in supreme court briefs; Donald Trump continues to question senator's eligibility for presidency; In debate, Cruz called Laurence Tribe 'a leftwing judicial activist'": Ben Jacobs of The Guardian (UK) has an article that begins, "In two of Ted Cruz's signature legal briefs before the supreme court, he cited the liberal law professor whom Donald Trump has invoked in questioning Cruz's eligibility to be president. As Texas solicitor general, Cruz cited Harvard professor Laurence Tribe as 'a prominent commentator' in his brief for Medellin v Texas, a case the senator invariably mentions on the stump."
Posted at 10:52 AM by Howard Bashman


Saturday, January 16, 2016

"High court to decide on overtime pay for car dealer workers": The Associated Press has this report.
Posted at 09:44 PM by Howard Bashman


"U.S. Supreme Court agrees to hear Microsoft appeal in Xbox case": Lawrence Hurley of Reuters has this report.

And The Associated Press reports that "High court will hear Microsoft appeal over Xbox lawsuit."
Posted at 09:42 PM by Howard Bashman



"Supreme Court to Consider Rules on Patent Challenges; Cuozzo Speed Technologies says Patent Office interprets claims in a way that makes them more vulnerable to challenges": Brent Kendall of The Wall Street Journal has this report.

Greg Stohr of Bloomberg News reports that "Patent 'Death Squad' Rules Draw U.S. Supreme Court Scrutiny."

And Reuters reports that "U.S. top court to examine how government agency reviews patents."
Posted at 09:34 PM by Howard Bashman



"Court: Copyright claim against rapper 50 Cent must be tossed." The Associated Press has this report.

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 09:20 PM by Howard Bashman



"The Death Penalty Endgame": This editorial will appear in Sunday's edition of The New York Times.
Posted at 09:14 PM by Howard Bashman


"Supreme Court agrees to hear case over separation of church and state": Robert Barnes of The Washington Post has this report.

Richard Wolf of USA Today reports that "Supreme Court will rule on church-state divide in playground case."

Jess Bravin of The Wall Street Journal reports that "Supreme Court to Consider Churches' Rights to State Grants; Justices to review whether funds must be offered on same terms as for secular groups." You can freely access the full text of the article via Google.

The Associated Press reports that "Justices to hear church's appeal of exclusion from state aid."

Lawrence Hurley of Reuters reports that "U.S. top court to hear Missouri church's religious rights case."

And Greg Stohr of Bloomberg News reports that "Church Playground Funding Case Accepted by U.S. Supreme Court."
Posted at 01:55 PM by Howard Bashman



"In symbolic move, Judge orders Tsarnaev to pay victims": Milton J. Valencia of The Boston Globe has this report.

Bob McGovern of The Boston Herald reports that "Dzhokhar Tsarnaev ordered to pay victims $101M."

The Associated Press reports that "Marathon bomber loses bid for new trial, told to pay $101M."

And Reuters reports that "U.S. judge rejects bid for new trial for Boston Marathon bomber."

You can access yesterday's opinion and order of the U.S. District Court for the District of Massachusetts at this link.
Posted at 01:46 PM by Howard Bashman



"U.S. justices take no action on Obama immigration case": Lawrence Hurley of Reuters has this report.

And Josh Gerstein of Politico.com has a blog post titled "Supreme Court silent on Obama immigration actions case."
Posted at 09:52 AM by Howard Bashman



"Lamar 3rd Miss. Supreme Court justice departing": The Associated Press has a report that begins, "A third justice is leaving the Mississippi Supreme Court, continuing turnover on the nine-member body."
Posted at 09:50 AM by Howard Bashman


"Justices to Hear Appeal by Bob McDonnell, Ex-Governor of Virginia": Adam Liptak has this article in today's edition of The New York Times.

Robert Barnes of The Washington Post reports that "Supreme Court will review corruption conviction of former Va. governor Robert McDonnell."

David G. Savage of The Los Angeles Times reports that "Supreme Court to decide corruption case of former Virginia Gov. Bob McDonnell."

Richard Wolf of USA Today reports that "Supreme Court to define corruption by public officials in McDonnell case."

Jess Bravin of The Wall Street Journal reports that "Supreme Court to Review Former Virginia Gov. Bob McDonnell's Corruption Conviction; Once a rising star in GOP, he was sentenced to two years' imprisonment."

Andrea Noble of The Washington Times reports that "Supreme Court to hear corruption appeal of former Va. Gov. Bob McDonnell."

Jim Nolan and Frank Green of The Richmond Times-Dispatch report that "U.S. Supreme Court to hear appeal of former Gov. Bob McDonnell."

David Smith of The Guardian (UK) reports that "Supreme court to revisit corruption conviction of former Virginia governor; Bob McDonnell and his wife were convicted of taking gifts and loans from a businessman in exchange for promoting his company's dietary supplement."

Mark Sherman of The Associated Press reports that "Justices will hear ex-Virginia Gov. McDonnell's appeal."

Lawrence Hurley of Reuters reports that "U.S. top court to hear Virginia ex-governor's corruption appeal."

Greg Stohr of Bloomberg News reports that "Corruption Gets Review at U.S. High Court With McDonnell Appeal."

Ariane de Vogue of CNN.com reports that "Supreme Court to hear appeal of former Virginia Gov. Bob McDonnell."

Cristian Farias of The Huffington Post reports that "Supreme Court Spares Bob McDonnell From Prison For A While Longer; The justices agreed to hear the gifty gov's appeal over whether his 'official action' amounted to corruption."

And Josh Gerstein of Politico.com reports that "Supreme Court to hear Bob McDonnell case."
Posted at 09:18 AM by Howard Bashman



Friday, January 15, 2016

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

Update: In early coverage, at "SCOTUSblog," Lyle Denniston has a post titled "No action on immigration; McDonnell gets hearing."
Posted at 04:05 PM by Howard Bashman



"AP Exclusive: Ted Cruz rejected Bush White House job offer." The Associated Press has this report.
Posted at 02:28 PM by Howard Bashman


"Bluffton rapper sues 50 Cent, claiming 'beat' theft": This article appeared in The Island Packet of Hilton Head Island, South Carolina back in April 2011.

In June 2015, Law360.com reported that "2nd Circ. Gets Busy With 'I Get Money' Copyright Beef" (subscription required for full access).

And RumorFix reported back in June 2013 that "Young Caliber Appeals Lawsuit Against 50 Cent Over 'I Get Money.'"

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued this decision affirming the federal district court's ruling in favor of 50 Cent and his various co-defendant.
Posted at 01:40 PM by Howard Bashman



"Court overturns tobacco company victory over FDA on menthols": 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 01:24 PM by Howard Bashman


"Justice Marie L. Garibaldi, first woman on the N.J. Supreme Court, dead at 81": NJ.com has this report.

Salvador Rizzo of The Record of Hackensack, New Jersey reports that "Retired NJ Supreme Court justice Marie L. Garibaldi dies."

And The Associated Press reports that "First woman to serve on New Jersey high court dies."
Posted at 01:16 PM by Howard Bashman



"Cruz's 'Natural-Born Citizen' Status Tested in Birther Suit": Laurel Brubaker Calkins and Kevin Cirilli of Bloomberg News have this report.

And at the "Balkinization" blog, Jack M. Balkin recently had a post titled "Can the federal courts decide Ted Cruz's eligibility? No problem."
Posted at 01:02 PM by Howard Bashman



"Chief Justice John Roberts and the Loss of Access to Justice": Law professor A. Benjamin Spencer has this essay online at The Richmond Times-Dispatch.
Posted at 12:57 PM by Howard Bashman


"U.S. appeals court allows Trump casino to break pact with unions": Reuters has this report.

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

Although my knowledge of the internal workings of the Third Circuit requires me to disclaim any cause-and-effect, readers may recall that on Wednesday I had a post titled "Dear Third Circuit -- A decision in the expedited Trump Taj Mahal appeal argued over 10 months ago will be greatly appreciated."

In other news coverage of today's Third Circuit ruling, The Atlantic City Press reports that "Appeals court affirms Trump Entertainment can strip union benefits."

And The Associated Press has a report headlined "Court: Taj Mahal casino rightly ended worker benefits."
Posted at 11:00 AM by Howard Bashman



"Hillary Clinton and Ted Cruz are making the Supreme Court a campaign issue": Columnist Michael McGough has this essay online at The Los Angeles Times.
Posted at 08:54 AM by Howard Bashman


"Nathan Deal bets on Supreme Court expansion": Greg Bluestein of The Atlanta Journal-Constitution today has a blog post that begins, "Gov. Nathan Deal seems supremely confident his plan to expand the Georgia Supreme Court will pass the Legislature."
Posted at 08:52 AM by Howard Bashman


"Supreme Court riven by dissent, new study finds": In today's edition of The Ottawa Citizen, Ian MacLeod has this front page article.

The Macdonald-Laurier Institute for Public Policy issued the study, written by University of British Columbia law professor and MLI Senior Fellow Benjamin Perrin. The institute also issued this related news release.
Posted at 08:50 AM by Howard Bashman



"US Supreme court justice chooses UH Law graduate to serve as law clerk": Hawaii News Now has an article that begins, "Kamaile Turcan, a graduate of Kamehameha Schools, UC Berkeley and the William S. Richardson School of Law at UH Manoa, has been chosen for a prestigious law clerk position by U.S. Supreme Court Justice Sonia Sotomayor beginning this summer."

On Monday, the William S. Richardson School of Law of the University of Hawaii at Manoa issued a news release titled "UH Law School Graduate Named Law Clerk for U.S. Supreme Court Justice Sonia Sotomayor."

According to the law school's news release, "This is the first time a UH Law School graduate has been invited to clerk for a United States Supreme Court Justice -- as well as the first time that a person of Native Hawaiian ancestry has served as a law clerk to any Justice on the U.S. Supreme Court."
Posted at 08:30 AM by Howard Bashman



"Third Circuit Sacks Suit Over Super Bowl Ticket Pricing": Charles Toutant of the New Jersey Law Journal has this report (subscription may be required for access) on a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.
Posted at 08:20 AM by Howard Bashman


"U.S. justices consider taking Obama appeal on immigration action": Lawrence Hurley of Reuters has this report.
Posted at 08:14 AM by Howard Bashman


Thursday, January 14, 2016

"Court reinstates man's conviction in sexual abuse of disabled niece": Cronkite News has this report.

And Courthouse News Service reports that "Sexual Abuse Verdict Reinstated by 9th Circ."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, in which Circuit Judge Alex Kozinski issued a dissenting opinion, at this link.
Posted at 11:26 PM by Howard Bashman



"Porn Mogul Wins Battle With Brother Over Flynt Name": Courthouse News Service has this report on a ruling that a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued yesterday.
Posted at 11:18 PM by Howard Bashman


"How Some Would Level the Playing Field: Free Harvard Degrees." Stephanie Saul will have this front page article in Friday's edition of The New York Times.
Posted at 11:02 PM by Howard Bashman


"Kathleen Kane's law license suspension appeal moving through court": Steve Esack of The Morning Call of Allentown, Pennsylvania has this news update.
Posted at 09:04 PM by Howard Bashman


"Memorandum: Is Ted Cruz Eligible for the Presidency? A legal scholar offers a thorough look at a complicated question." Bryan A. Garner has this essay online today at The Atlantic.
Posted at 08:42 PM by Howard Bashman


"Invisible Justices: Supreme Court Transparency in the Age of Social Media." Did I visit Atlanta one month too early? On Thursday, February 11, 2016, the Georgia State University Law Review will host this symposium. You can view the agenda for that day's events at this link.
Posted at 08:36 PM by Howard Bashman


"Dueling and Discovery": John Paul Schnapper-Casteras had this post Tuesday at the "ACSBlog."
Posted at 08:05 PM by Howard Bashman


"Constitution Check: Is the Supreme Court Obama's silent partner on gun control?" Lyle Denniston had this post Tuesday at the "Constitution Daily" blog of the National Constitution Center.

And today at that blog, Denniston has a post titled "Constitution Check: What is the answer to political 'rancor and suspicion'?"
Posted at 04:48 PM by Howard Bashman



"Ted Cruz Is a Natural-Born Citizen: Whatever the Founders may have thought, contemporary law is perfectly clear on this point." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 04:45 PM by Howard Bashman


"Supreme Tantrum: The Virginia legislature is about to oust a well-respected female judge just to spite the governor." Dahlia Lithwick has this jurisprudence essay online today at Slate.
Posted at 04:44 PM by Howard Bashman


"A flawed death penalty system: Why Florida will have to rethink its approach to executions." Steven Mazie had this post yesterday at the "Democracy in America" blog of The Economist.
Posted at 04:42 PM by Howard Bashman


"In New Rule, a 'Proportional' Search for Truth": Kenneth Jost had this post recently at his blog, "Jost on Justice."
Posted at 04:40 PM by Howard Bashman


"Justices Hear Case Over Puerto Rico's Sovereignty": Adam Liptak has this article in today's edition of The New York Times.

Richard Wolf of USA Today reports that "Supreme Court divided over Puerto Rico's autonomy."

Sam Hananel of The Associated Press reports that "High court raises doubts over Puerto Rico sovereignty."

Cristian Farias of The Huffington Post reports that "Supreme Court Could Decide Political Fate Of 3.5 Million Puerto Ricans."

At WSJ.com's "Law Blog," Jess Bravin has a post titled "Supreme Court Asks: What is Puerto Rico to Washington?"

At "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: Puerto Rico -- special no more?"

Online at Slate, Mark Joseph Stern has a Supreme Court dispatch titled "Second-Class Sovereignty -- The Supreme Court grapples with America's biggest colonial hangover: The legal status of Puerto Rico."

And online at Bloomberg View, law professor Noah Feldman has an essay titled "What's Fair for Iowa Is Fair for Puerto Rico."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Puerto Rico v. Sanchez Valle, No. 15-108.
Posted at 03:46 PM by Howard Bashman



"Feds: Conman filed bogus appeal in stranger's case." The Associated Press has a report that begins, "A convicted Pennsylvania conman now awaiting trial on charges he stalked an FBI agent by placing a phony Craigslist sex ad has now also been charged with filing a fake appeal."
Posted at 03:29 PM by Howard Bashman


"U.S. Supreme Court gives boost to child slave labor case against Nestle": Reuters has this report.
Posted at 03:18 PM by Howard Bashman


"Appeals court could complicate Clinton email litigation": Josh Gerstein of Politico.com has an article that begins, "A federal appeals court appears poised to issue a ruling that could complicate and prolong the litigation morass surrounding Hillary Clinton's use of a private email account during her tenure as secretary of state."

When the U.S. Court of Appeals for the D.C. Circuit posts online the audio from today's oral argument of this case before a three-judge panel, I will link to it.
Posted at 03:14 PM by Howard Bashman



"Baltimore City commission recommends removal of two Confederate monuments": Luke Broadwater of The Baltimore Sun has this news update.

According to the article, "The seven-member commission, appointed by Mayor Stephanie Rawlings-Blake, narrowly voted Thursday to remove the Roger B. Taney Monument on Mount Vernon Place and the Robert E. Lee and Thomas J. 'Stonewall' Jackson Monument in the Wyman Park Dell."
Posted at 03:05 PM by Howard Bashman



"Lawyer for Iran's Central Bank Faces Skepticism at Supreme Court": Adam Liptak has this article in today's edition of The New York Times.

Robert Barnes reports that "Justices weigh Congress's right to pass a law helping victims of Iran terrorism."

Richard Wolf of USA Today reports that "Iran terrorism compensation case divides Supreme Court."

Brent Kendall of The Wall Street Journal reports that "Supreme Court Weighs Terror Victim Legislation; Chief Justice Roberts voices concern about Congressional intervention in victim litigation on Iranian banking assets."

Ariane de Vogue of CNN.com reports that "Supreme Court hears Iran victims compensation case."

Sam Baker of National Journal has a report headlined "In Congress's Supreme Court Fight with Iran, Chief Roberts Is Skeptical of Congress;Roberts: If Congress can meddle in the Iran lawsuit, does that mean it can also tell me how to rule on Obamacare?"

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "In Iranian Funds Case, Justices Ponder Extent Of Congressional Influence."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: Flirting with congressional supremacy."
Posted at 01:13 PM by Howard Bashman



Wednesday, January 13, 2016

"Supreme Court refuses to ease filing fees for prisoners": Richard Wolf of USA Today has this report.

You can access yesterday's ruling of the U.S. Supreme Court in Bruce v. Samuels, No. 14-844, at this link.
Posted at 11:25 PM by Howard Bashman



"Supreme Court Strikes Down Part of Florida Death Penalty": Adam Liptak has this article in today's edition of The New York Times.

Robert Barnes of The Washington Post reports that "Supreme Court finds Florida's capital punishment process unconstitutional."

David G. Savage of The Los Angeles Times reports that "Supreme Court strikes down Florida's death penalty system."

Richard Wolf of USA Today reports that "Supreme Court deals blow to Florida's death sentencing system."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Strikes Down Florida Death-Sentencing Procedure; Ruling says jury verdict, not judge's discretion, necessary for imposition of death sentence."

Michael Doyle of McClatchyDC reports that "Supreme Court strikes down Florida's way of imposing death sentences."

Warren Richey of The Christian Science Monitor reports that "US Supreme Court deals blow to death penalty in Florida case; The US Supreme Court ruled 8 to 1 Tuesday against a controversial legal procedure used in Florida death penalty cases."

David Ovalle of The Miami Herald reports that "High court orders Florida to overhaul death penalty decisions."

Steve Bousquet of The Tampa Bay Times reports that "Chaos and uncertainty cloud Florida's death penalty after Supreme Court ruling." And Anna M. Phillips of The Tampa Bay Times reports that "Supreme Court decision likely to lead to fewer death penalty verdicts, experts say."

Sam Hananel of The Associated Press has a report headlined "High court: Florida death penalty system is unconstitutional."

Lawrence Hurley of Reuters reports that "Supreme Court strikes down Florida death sentence process."

Greg Stohr of Bloomberg News reports that "Florida Death-Sentence System Voided by U.S. Supreme Court."

Cristian Farias of The Huffington Post reports that "Florida's Death Sentencing Scheme Is Unconstitutional, Supreme Court Rules; Allowing judges instead of juries to impose the death penalty violates the Sixth Amendment."

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Strikes Down Florida's Death Penalty System."

Yesterday at "SCOTUSblog," Lyle Denniston had a post titled "Opinion analysis: Juries control the death penalty."

And online at Bloomberg News, law professor Noah Feldman has an essay titled "The End of the Death Penalty Isn't Near."

You can access yesterday's ruling of the U.S. Supreme Court in Hurst v. Florida, No. 14-7505, at this link.
Posted at 10:33 PM by Howard Bashman



Brent Kendall of The Wall Street Journal is reporting: In yesterday's newspaper, he had articles headlined "Supreme Court Denies Appeal on Student-Loan Erasure; Court won't consider appeal by unemployed Wisconsin man who owes more than $260,000 in student-loan debt" and "Supreme Court Denies Nestle, Cargill, ADM Appeal in Slave Labor Case; Appeals court had revived lawsuit alleging the companies aided child slave labor abuses in the Ivory Coast."
Posted at 08:37 PM by Howard Bashman


"Supreme Court passes on another dormant Commerce Clause test": Alison Frankel's "On the Case" from Thomson Reuters News & Insight had this report yesterday.
Posted at 08:32 PM by Howard Bashman


"Justice Michael Eakin's email ethics case witness list unveiled": The Associated Press has this report.

Yesterday's edition of The Philadelphia Daily News contained an editorial titled "Eakin's lawyer seems to forget that some judges are women."

Yesterday's edition of The Citizens' Voice of Wilkes-Barre, Pennsylvania contained an editorial titled "Judging the courts."

And recently in The Pocono Record, Anne Marie Zenie had a letter to the editor titled "Eakin must go permanently from court."
Posted at 08:30 PM by Howard Bashman



"Recognition: How a travesty led to criminal-justice innovation in Texas." Paul Kix has this "Annals of Justice" article in the January 18, 2016 issue of The New Yorker.
Posted at 05:14 PM by Howard Bashman


"The Second Amendment: Original Intent." John Quaintance had this post online recently at The New Yorker.
Posted at 05:08 PM by Howard Bashman


Dear Third Circuit -- A decision in the expedited Trump Taj Mahal appeal argued over 10 months ago will be greatly appreciated: How does one tell a federal appellate court that it should hurry-up and decide a case? The common answer is you don't. But sometimes, someone finds a way to communicate the message For example, in the appeal captioned In re Trump Entertainment Resorts, Inc., No. 14-4807 (3d. Cir.) (argued March 4, 2015), counsel for debtors Roy T. Englert, Jr. sent this letter to the court last week.

And in related commentary, today's edition of The Atlantic City Press contains an editorial titled "Taj Mahal, workers and industry need bankruptcy decision soon."
Posted at 05:00 PM by Howard Bashman



"9th Circuit panel stands up for open courts in Chrysler unseal opinion": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today about a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 04:50 PM by Howard Bashman


"Duke Law selected to co-host annual education program for judges": Duke Law School recently issued this news release about the Appellate Judges Education Institute. Duke's affiliation with AJEI will begin in 2017.

The 2016 AJEI Summit will be taking place in Philadelphia, Pennsylvania in November 2016. I am on the planning committee for the 2016 Philadelphia Summit, and I will be in Dallas on January 25 and 26 for a planning committee meeting.
Posted at 04:38 PM by Howard Bashman



"Next up at the Supreme Court: Obama's Immigration Policy; The court's past rulings on Obamacare could prove decisive in a case that is up for consideration this week." Simon Lazarus has this essay online at The New Republic.
Posted at 03:04 PM by Howard Bashman


"Obama nominates Madison lawyer for 7th Circuit vacancy": Craig Gilbert of The Milwaukee Journal Sentinel has this report.

Ed Treleven of The Wisconsin State Journal reports that "Madison lawyer nominated for federal appeals court post."

And Maureen Groppe of The Indianapolis Star reports that "Obama nominates Indiana lawyers to federal bench."

The White House yesterday issued a news release titled "President Obama Nominates Two to Serve on the United States Court of Appeals."
Posted at 02:27 PM by Howard Bashman



"U.S. court struggles over Iran bank's bid to block payout to attack victims": Lawrence Hurley of Reuters has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Bank Markazi v. Peterson, No. 14-770.
Posted at 02:18 PM by Howard Bashman



In re: my recent visit to Atlanta. Yesterday, Atlanta did warm-up to the mid-50s, allowing me to enjoy a touch of warmer weather before heading back to the frigid northeast, where my drive home from Philadelphia's airport was through snow showers.

For those demanding photographic proof of my recent visit to Atlanta, the Federalist Society-Emory Law Chapter has posted to its Facebook page this image of me and law professor Sasha Volokh, who kindly coordinated my visit. Also, my remarks were videotaped by C-SPAN (!!!) for broadcast at a later date on a particularly slow news day.

And here's an image of me posing in front of the scales of justice from Emory Law's Twitter feed. In 2016, the law school is celebrating the 100th anniversary of its founding, and I was pleased to be one of the first invited guests to speak at the school this year.
Posted at 12:52 PM by Howard Bashman



"Iran Terrorism Award Clash Divides U.S. High Court Justices": Greg Stohr of Bloomberg News has this report.

And The Associated Press reports that "Justices seem divided over Iran terror-related appeal."
Posted at 12:26 PM by Howard Bashman



"Supreme Court to Hear Case Involving Judgments Against Iran": Barry Meier has this article in today's edition of The New York Times.

Richard Wolf of USA Today reports that "Victims of Iran terror attacks take case to Supreme Court."

And Lawrence Hurley of Reuters reports that "Iran central bank takes Beirut bombing case to U.S. Supreme Court."
Posted at 11:32 AM by Howard Bashman



"Menendez asks appeals court to throw out charges": Jonathan Tamari of The Philadelphia Inquirer has this report.

NJ.com reports that "Menendez had right to question federal officials, brief says."

And The Record of Hackensack, New Jersey reports that "Menendez lawyers challenge prosecutors' right to question his motives."

You can view the brief for appellant -- containing 13,969 words, thus inexplicably leaving 31 words unused -- filed Monday in the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 08:57 AM by Howard Bashman



"My Right to Die: Assisted Suicide, My Family, and Me." Kevin Drum has this cover story in the January/February 2016 issue of Mother Jones.
Posted at 08:52 AM by Howard Bashman


"Could One of These Cases Spell the End of the Death Penalty? Abolitionists seek the perfect case for a Supreme Court challenge." Maurice Chammah has this news analysis online at The Marshall Project.
Posted at 08:46 AM by Howard Bashman


"Journalist fights 7-year sentence recommended in hacking case": Josh Gerstein of Politico.com has this report.
Posted at 08:44 AM by Howard Bashman


"Argument preview: The Indians vs. the settlers, a modern sequel." Lyle Denniston has this post online today at "SCOTUSblog."
Posted at 08:40 AM by Howard Bashman


"Will the U.S. Supreme Court Gut Public-Employee Unions? The justices consider a challenge to labor organizations without weighing the practical implications of their decision." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 08:39 AM by Howard Bashman


"Iran Case Tests Congress's Power to Meddle in Court": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:32 AM by Howard Bashman


Tuesday, January 12, 2016

"Attorney Bar Status Program": The U.S. Court of Appeals for the Third Circuit posted this notice to attorneys online today.
Posted at 10:46 PM by Howard Bashman


Programming note: This evening, I am heading back home, returning from my very enjoyable visit to Atlanta. Additional posts will appear here tonight.
Posted at 11:30 AM by Howard Bashman


Monday, January 11, 2016

"A Christmas Eve Appellate E-Filing 'Miracle' in Pa. Court": Tuesday's edition of The Legal Intelligencer -- Philadelphia's daily newspaper for lawyers -- will contain this month's installment of my "Upon Further Review" column.

You can freely access the full text of the column via Google News.
Posted at 11:46 PM by Howard Bashman



"US court: FBI physical fitness test not discriminatory." The Associated Press has a report that begins, "A federal appeals court says an FBI physical fitness test that imposes different standards for male and female trainees doesn't amount to illegal sex discrimination."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 11:38 PM by Howard Bashman



"Wearing unearned medals is protected by 1st Amendment, appeals court rules": Maura Dolan of The Los Angeles Times has this report.

Bob Egelko of The San Francisco Chronicle has an article headlined "Court: Wearing unearned military medal is protected by Constitution."

And The Associated Press has a report headlined "US court: Wearing unearned military medals is free speech."

You can access today's 8-to-3 en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:22 PM by Howard Bashman



"Supreme Court majority is critical of compelled public employee union fees": Robert Barnes of The Washington Post has this report.

David G. Savage of The Los Angeles Times reports that "Supreme Court appears skeptical of union fees -- a potentially major loss for labor groups."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Shows Signs of Ruling Against Mandatory Public-Sector Union Fees; Justices appear ready to end unions' power to require nonmembers to pay dues."

Richard Wolf of USA Today reports that "Supreme Court seems sure to rule against unions."

Sam Hananel of The Associated Press reports that "High court seems ready to scrap mandatory public union fees."

Lawrence Hurley of Reuters reports that "Conservative U.S. justices prepared to deliver blow to unions."

Greg Stohr of Bloomberg News reports that "Mandatory Union Fees Cast in Doubt at U.S. Supreme Court."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Weighs Changes That Would Hurt Public Unions' Bottom Lines."

Ariane de Vogue of CNN.com reports that "Conservative justices skeptical of union position in big labor case."

Brian Mahoney and Josh Gerstein of Politico.com report that "SCOTUS signals support for anti-union plaintiffs."

Tierney Sneed of TPM DC has an article headlined "Why Public Unions Should Be Afraid After Monday's Supreme Court Arguments."

Sam Baker of National Journal has an article headlined "At Supreme Court, Ominous Signs for Public-Sector Unions; The justices seemed likely to rule that certain union fees violate the First Amendment."

Cristian Farias of The Huffington Post reports that "The Supreme Court Appears Set To Issue Crippling Blow To Public Employee Unions; The ruling would undo nearly 40 years of precedent in labor relations."

Chris Geidner of BuzzFeed News reports that "Supreme Court Appears Poised To End Public Sector Union Fee Requirements; A five-justice majority appears set to end 'agency fees' in public sector unions."

At "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: The question not asked."

At the "School Law" blog of Education Week, Mark Walsh has a post titled "Teachers' Unions Get Cold Reception at U.S. Supreme Court."

Online at Slate, Dahlia Lithwick has a jurisprudence essay titled "What Would Happen if the Court Kneecapped the Unions? We're about to find out."

And at ThinkProgress, Ian Millhiser has a post titled "Public Sector Unions Just Got Brutalized In The Supreme Court."
Posted at 11:10 PM by Howard Bashman



"After 14 months, Senate finally approves Phila. judge": Jonathan Tamari of The Philadelphia Inquirer has an article that begins, "The Senate confirmed Philadelphia Judge Luis Felipe Restrepo to a federal appeals court seat on Monday, ending a 14-month delay that had become a flashpoint in a national fight over the judiciary."

And The Associated Press reports that "Senate confirms Restrepo as other nominees languish."

You can access at this link the U.S. Senate's official roll call vote tally confirming Luis Felipe Restrepo to the U.S. Court of Appeals for the Third Circuit by a vote of 82-to-6.
Posted at 10:38 PM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.
Posted at 05:27 PM by Howard Bashman


"Supreme Court Seems Poised to Deal Unions a Major Setback": Adam Liptak of The New York Times has this news update.

And in today's edition of that newspaper, Noam Scheiber has an article headlined "Supreme Court Case on Public Sector Union Fees Rouses Political Suspicions."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Friedrichs v. California Teachers Assn, No. 14-915.

I intend to link to additional news coverage of this oral argument tonight.
Posted at 05:24 PM by Howard Bashman



"Law on Ultrasounds Reignites Abortion Battle in North Carolina": Richard Fausset has this article in today's edition of The New York Times.
Posted at 05:17 PM by Howard Bashman


"Lawyers who fought Nadon's Supreme Court appointment ask for pay": The Canadian Press has an article that begins, "The lawyers who challenged the Harper government's ultimately aborted appointment of Justice Marc Nadon to the Supreme Court of Canada go before a court on Monday to argue they should be fully reimbursed for their efforts."
Posted at 06:45 AM by Howard Bashman


Sunday, January 10, 2016

"Federal judge dismisses nude protester's claim that police violated his rights by arresting him": Maxine Bernstein of The Oregonian has this report.
Posted at 10:32 PM by Howard Bashman


"Supreme Court weighs union fees for teachers: Is it a matter of free speech?" David G. Savage of The Los Angeles Times has this report.

Jess Bravin and Melanie Trottman of The Wall Street Journal report that "Supreme Court to Weigh Public-Sector Union Dues; Plaintiffs say they oppose union goals that may benefit them, like higher pay; labor groups argue they need mandatory fees to do their work effectively."

Warren Richey of The Christian Science Monitor has an article headlined "Why one California teacher took her union to the Supreme Court: In a potential watershed labor case, the Supreme Court is poised to weigh if mandatory 'fair share' union fees violate the First Amendment; The teacher at the center of the case speaks out."

Howard Mintz of The San Jose Mercury News reports that "U.S. Supreme Court weighs key challenge to California's largest teachers union."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court set to hear challenge to public sector unions."

And Brian Mahoney of Politico.com reports that "Conservative group nears big payoff in Supreme Court case; A case pitting teachers against their union could de-fund public employee unions."
Posted at 10:30 PM by Howard Bashman



Greetings from freezing cold Atlanta, Georgia: Where tomorrow at noon I will speak to the Emory University School of Law's Federalist Society student chapter on the subject of "The State of Free Speech on University Campuses and its Consequence for the Future." Following my remarks, law professor Sasha Volokh will offer some of his own thoughts on the subject.

Later on Monday afternoon, I will be visiting with the faculty advisor for and several student participants in the Emory Law School Supreme Court Advocacy Program.

On Monday evening, I will have the pleasure of dining with several local appellate jurists in Atlanta, including this one, whom I have been looking forward to meeting in person for a very long time.

On Tuesday morning, I will be back at Emory Law as a guest co-teacher of that day's advanced legal writing course on law blogging.

And my final event is lunch on Tuesday with Emory Law's esteemed dean.

Because I am on the road now and will continue to be on the road for the next two days, new posts will appear here less frequently, but new appellate related retweets may appear on this blog's Twitter feed a bit more frequently during that period.
Posted at 10:08 PM by Howard Bashman



"The average age of the Supreme Court is close to a record high": Philip Bump has this post today at "The Fix" blog of The Washington Post.
Posted at 09:50 PM by Howard Bashman


"Fallout from Porngate leads to cases being appealed, claiming racial, gender, and ethnic bias": In today's edition of The Philadelphia Inquirer, Jeremy Roebuck and Mark Fazlollah have a front page article that begins, "Mallissa Weaver knew she faced long odds when in 2008 she sought to convince the Pennsylvania Supreme Court that unrelenting sexual harassment by her former boss was so egregious that the justices should overturn a state law that barred her from suing for discrimination."
Posted at 08:27 AM by Howard Bashman


Saturday, January 9, 2016

"Battle over unions signals Supreme Court role at center of political debate": Robert Barnes of The Washington Post has this report. In addition, columnist George F. Will has an essay titled "Will the Supreme Court undo the damage done to the rights of millions of government workers?"

Michael Doyle of McClatchyDC reports that "Public service unions face big challenge at Supreme Court."

Jana Kasperkevic of The Guardian (UK) reports that "Unions brace for supreme court case that could be a heavy blow to liberals; Justices prepare to hear arguments in of case of California teacher and co-plaintiffs who say 'tyranny' of unions violates their rights through forced dues."

Christina Beck of The Christian Science Monitor has an article headlined "Will the Supreme Court deal a blow to public-sector unions? In an upcoming Supreme Court case, California teacher Rebecca Friedrichs and nine others will challenge state 'agency shop' rules that compel non-members to financially support unions."

Dave Jamieson and Cristian Farias of The Huffington Post have an article headlined "How The Supreme Court Could Crush Public-Sector Unions: Union membership has been falling for years; It may drop even more after this case."

Tierney Sneed of TPM DC has an article headlined "Who Is Behind The Supreme Court Case That Could Cripple Public Unions?"

Alana Semuels of The Atlantic has an article headlined "Why Are Unions So Worried About an Upcoming Supreme Court Case? Justices are about to hear oral arguments for a case that could seriously impede labor's fundraising abilities."

Online at The New York Daily News, Rebecca Friedrichs has an essay titled "Union dues violate my speech rights: The lead plaintiff in a landmark Supreme Court case explains why she fights."

Ian Millhiser of ThinkProgress has a post titled "Could Justice Scalia Save American Unions?"

And Sunday's edition of The New York Times will contain an editorial titled "At the Supreme Court, a Big Threat to Unions."
Posted at 09:30 PM by Howard Bashman



"Will Supreme Court tackle 1st Amendment issue in Madden NFL litigation? Expression in movies, plays, books, music, and video games hangs in the balance." David Kravets of Ars Technica has this report today.
Posted at 10:40 AM by Howard Bashman


"Labor Pains: The Supreme Court takes up a case that could stanch the flow of funds to public sector unions." This morning, Slate posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 10:38 AM by Howard Bashman


"How the Supreme Court could affect the 2016 election": Ariane de Vogue of CNN.com has this report.

And online at The Boston Globe, Democratic presidential candidate Hillary Clinton has an essay titled "A make-or-break moment for Supreme Court appointments."
Posted at 10:35 AM by Howard Bashman



"Monkey Has No Rights to Its Selfie, Federal Judge Says": Mike McPhate of The New York Times has this report.
Posted at 09:04 AM by Howard Bashman


Friday, January 8, 2016

"Animal Rights Group Loses Copyright Suit Over Monkey Selfies": This audio segment featuring Nina Totenberg appeared on yesterday's broadcast of NPR's "All Things Considered."
Posted at 10:53 PM by Howard Bashman


"US Courts Administrative Office Sued Because PACER's Bad Math Is Overcharging Users": Tim Cushing has this post today at Techdirt.
Posted at 10:48 PM by Howard Bashman


"Vehicle Problems vs. Unusual Vehicles: The Supreme Court's Bizarre Cert. Grant in Welch." Steve Vladeck has this post today at "PrawfsBlawg."
Posted at 10:45 PM by Howard Bashman


"The Absurd Logic Behind Florida's Docs vs. Glocks Law: The Second Amendment trumps all other amendments." Dahlia Lithwick and law professor Sonja West have this jurisprudence essay online today at Slate.
Posted at 10:18 PM by Howard Bashman


"Yet another misjudgment": Today's edition of The Philadelphia Inquirer has an editorial that begins, "As Pennsylvania's courts have relentlessly demonstrated, a judiciary populated by a partisan political process will behave accordingly. State Supreme Court Justice-without-portfolio J. Michael Eakin's attempt to engineer last-minute lame-duck appointments provides only the latest troubling evidence thereof."
Posted at 10:14 PM by Howard Bashman


"Texas attorney general has no business determining legality of daily fantasy sports": James C. Ho has this essay online at The Dallas Morning News.
Posted at 10:10 PM by Howard Bashman


"Court will question its power to decide Puerto Rico case": Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:07 PM by Howard Bashman


"Coal miner's daughter becomes Pa. Supreme Court justice, 2nd woman on highest bench": Matthew Santoni of The Pittsburgh Tribune-Review has an article that begins, "The daughter of a coal miner was sworn in to a seat on Pennsylvania's highest court by the daughter of a steelworker inside Pittsburgh's Duquesne Club on Friday, then called upon her political supporters to elevate more women and minorities to the bench."
Posted at 10:05 PM by Howard Bashman


"Ford Can't Shake $6M Verdict From Pa. Crash": Dan Packel of Law360.com has this report (subscription required for full access).

My earlier coverage of yesterday's non-precedential Pa. Superior Court ruling appears at this link.
Posted at 05:20 PM by Howard Bashman



"Mandatory Union Fees Getting Hard Look by Supreme Court": Adam Liptak will have this article in Saturday's edition of The New York Times.

And Greg Stohr of Bloomberg News reports that "Union Fees From 5 Million Workers Targeted at U.S. Supreme Court."
Posted at 05:06 PM by Howard Bashman



"Court to decide Johnson retroactivity": Lyle Denniston has this post at "SCOTUSblog."

You can access today's Order List of the U.S. Supreme Court at this link.
Posted at 04:56 PM by Howard Bashman



"Listen to Justice Antonin Scalia's Metairie speech defending government support of religion": Robert McClendon of The Times-Picayune has this report today.
Posted at 04:26 PM by Howard Bashman


"My Life in the Supermax: Finger handshakes, the toilet phone, and the 'shoe bomber.'" Eli Hager has this article online today at The Marshall Project.

The article is also available online at Vice.
Posted at 11:20 AM by Howard Bashman



"Kerry Washington: Anita Hill role terrifying responsibility." The Associated Press has this report.
Posted at 11:17 AM by Howard Bashman


"In Supreme Court labor case, echoes of gay marriage fight": Lawrence Hurley of Reuters has this report.

And Sam Hananel of The Associated Press reports that "High court dispute over union fees could curb labor's clout."
Posted at 11:15 AM by Howard Bashman



Thursday, January 7, 2016

"Justice Breyer on Term Limits, Differences with Justice Scalia and More": Sara Randazzo has this post today at WSJ.com's "Law Blog."
Posted at 11:08 PM by Howard Bashman


"In battle over 'forced recusals,' Louisiana Supreme Court justice takes his case to federal court": The Advocate of Baton Rouge, Louisiana recently had an article that begins, "In an unusual legal skirmish, Louisiana Supreme Court Justice Jeff Hughes filed a federal lawsuit over the holidays against four of his fellow justices, challenging their decision to exclude Hughes from participating in consideration of two so-called legacy lawsuits before the high court because the plaintiffs' attorneys contributed hundreds of thousands of dollars to his 2012 election."
Posted at 11:02 PM by Howard Bashman


"Former New Orleans Mayor Ray Nagin loses appeal of bribery conviction": The New Orleans Advocate has this report.

You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 10:56 PM by Howard Bashman



"New Ariz. Supreme Court justice shows independent streak, legal analysts say": In today's edition of The Arizona Republic, Michael Kiefer has a front page article that begins, "Gov. Doug Ducey on Wednesday passed over a long list of experienced jurists to appoint an attorney from a conservative think tank to the Arizona Supreme Court."
Posted at 10:14 PM by Howard Bashman


"O.C. teachers go before U.S. Supreme Court Monday over union dues": The Orange County Register has this report.
Posted at 10:12 PM by Howard Bashman


"Pa. court upholds $5.9M verdict against Ford Motor Co. in airbag defect case": Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this report.

And Max Mitchell of The Legal Intelligencer reports that "Superior Court Upholds $5.9M Crashworthiness Award" (subscription required).

You can access today's non-precedential ruling of the Superior Court of Pennsylvania in this case -- which I briefed and argued on appeal on behalf of the plaintiffs-appellees -- at this link.
Posted at 08:40 PM by Howard Bashman



"What's at Stake in This Supreme Court Term?" The Center for American Progress hosted this event today. You can view the video on YouTube via this link.
Posted at 08:23 PM by Howard Bashman


"David Wecht sworn in to state's highest court": Matthew Santoni of The Pittsburgh Tribune-Review has a news update that begins, "A few blocks from where David Wecht's immigrant grandparents once ran a grocery store in the Hill District, a ballroom full of supporters watched him join the state's highest court Thursday."
Posted at 08:20 PM by Howard Bashman


"Alabama's Obstruction of Gay Marriage Must Stop": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 07:15 PM by Howard Bashman


"U.S. wants criminal law ruling to be retroactive": Lyle Denniston has this post at "SCOTUSblog."
Posted at 07:14 PM by Howard Bashman


"Rosa Parks Is Still Rewriting Laws": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 06:00 PM by Howard Bashman


"'I Am an Attorney Because I Had an Abortion': A powerful amicus brief to the Supreme Court is signed by 113 attorneys who shared their abortion stories." Mark Joseph Stern has this jurisprudence essay online today at Slate.
Posted at 05:58 PM by Howard Bashman


"Alabama chief justice denies defying US Supreme Court": The Associated Press has this report.
Posted at 05:30 PM by Howard Bashman


"Samsung urges U.S. court to overturn $120 million patent verdict for Apple": Reuters has this report.

You can access the audio of Tuesday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Federal Circuit, in which Kathleen Sullivan argued for Samsung and William Lee argued for Apple, via this link (17.2 MB mp3 audio file).
Posted at 02:26 PM by Howard Bashman



"How Gay Marriage's Triumph Could Protect Abortion Rights: The Supreme Court's interpretation of the Fourteenth Amendment may play a role in its biggest abortion case in decades." David H. Gans has this essay online at The New Republic.
Posted at 01:26 PM by Howard Bashman


"Virginia's former governor faces prison over politics": Columnist George F. Will has this essay online at The Washington Post.
Posted at 01:24 PM by Howard Bashman


"Judge: Monkey cannot own selfie photos copyright." The Associated Press has this report.

And David Kravets of Ars Technica reports that "Judge says monkey cannot own copyright to famous selfies; 'This is an issue for Congress and the president,' judge says from the bench."
Posted at 01:22 PM by Howard Bashman



"Alabama probate judges should obey US Supreme Court on gay marriage, federal prosecutors say": Kent Faulk of The Birmingham News has this report.

And The Associated Press reports that "Alabama probate judges resume issuing gay-marriage licenses."
Posted at 01:15 PM by Howard Bashman



"Death Penalty Back Before State Supreme Court": Alaine Griffin has this front page article in today's edition of The Hartford Courant.

And Reuters reports that "Connecticut top court to hear new arguments on death penalty ban."
Posted at 01:09 PM by Howard Bashman



"The Lawyer Who Became DuPont's Worst Nightmare: Rob Bilott was a corporate defense attorney for eight years; Then he took on an environmental suit that would upend his entire career -- and expose a brazen, decades-long history of chemical pollution." Nathaniel Rich will have this article in the January 10, 2016 issue of The New York Times Magazine.
Posted at 01:02 PM by Howard Bashman


"Judith S. Kaye, First Woman to Serve as New York's Chief Judge, Dies at 77": The New York Times has posted online this obituary written by Sam Roberts. And at the newspaper's "Taking Note" blog, Jesse Wegman has a post titled "Judith Kaye, a Pioneer in New York's Courts."

The New York Daily News reports that "Former New York State Chief Justice Judith Kaye dies at 77."

And The Times Union of Albany, New York reports that "Former Chief Judge Judith Kaye dies at 77."
Posted at 12:56 PM by Howard Bashman



"The Supreme Court and a Life Barely Lived": Linda Greenhouse has this essay online today at The New York Times.
Posted at 12:54 PM by Howard Bashman


Wednesday, January 6, 2016

"The sign that anti-abortion clinics say tramples their religious liberty": Irin Carmon of msnbc.com has this report.

Today in the U.S. Court of Appeals for the Ninth Circuit, the State of California filed this opposition to a clinic's pending emergency motion for injunction pending appeal.
Posted at 11:52 PM by Howard Bashman



"Police use of Taser ruled 'unreasonable' in case of man who kept paramedics from resuscitating father": MLive.com has this report.

The Associated Press has a report headlined "Court: Detroit-area deputies can be sued for using Taser on doctor in dispute over dad's death."

And Courthouse News Service reports that "Son Tased at Father's Deathbed May Sue."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 11:38 PM by Howard Bashman



Lyle Denniston is reporting: Today at "SCOTUSblog," he has posts titled "Argument preview: A serious constitutional dilemma" and "Argument preview: A lofty issue for Puerto Rico."
Posted at 10:30 PM by Howard Bashman


"Can Courts Stop Obama's Gun Rules? It's Unlikely." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 10:00 PM by Howard Bashman


"The Most Important Election Ever?" Jason P. Steed has this blog entry today at The Huffington Post.
Posted at 09:58 PM by Howard Bashman


"Federal Agency Urges Court To Include Sexual Orientation Under Sex Discrimination Ban": Chris Geidner of BuzzFeed News has this report.
Posted at 09:55 PM by Howard Bashman


"When Is A Useful Item Copyrightable? Warner Norcross Asks U.S. Supreme Court to Decide." Warner Norcross & Judd LLP issued this news release today. You can view the cert. petition at this link.
Posted at 09:00 PM by Howard Bashman


"Ducey appoints Goldwater Institute's Clint Bolick to Arizona Supreme Court": Howard Fischer of The Arizona Daily Sun has this report.

The Arizona Republic reports that "Ducey appoints independent to Supreme Court." In addition, columnist EJ Montini has an essay titled "Ducey's new Arizona Supreme 'Goldwater' Court."

The Associated Press reports that "Longtime attorney for Goldwater Institute chosen to be next justice on Arizona Supreme Court."

You can access at this link today's news release from Arizona Governor Doug Ducey.

And in commentary, at "The Volokh Conspiracy," Jonathan H. Adler has a blog post titled "Institute for Justice co-founder named to Arizona Supreme Court."

At ThinkProgress, Ian Millhiser has a post titled "The Most Chilling Political Appointment That You've Probably Never Heard Of."

And at Reason.com's "Hit & Run" blog, Damon Root has a post titled "Libertarian Lawyer Clint Bolick Appointed to Arizona Supreme Court; Gov. Doug Ducey makes his first appointment to the state's highest court."
Posted at 08:52 PM by Howard Bashman



"Moore: Probate judges have 'duty' to follow SSM bans." Brian Lyman of The Montgomery Advertiser has a report that begins, "Alabama Chief Justice Roy Moore Wednesday morning said probate judges have a 'ministerial duty' to comply with state bans on same-sex marriage, despite a U.S. Supreme Court ruling in June striking down such restrictions."

Mike Cason of AL.com reports that "Roy Moore says probate judges have duty to enforce same-sex marriage ban."

The Associated Press has a report headlined "Alabama justice: Judges should refuse gay marriage licenses."

And Reuters reports that "Alabama chief justice orders halt to same-sex marriage licenses."

You can view the administrative order that Chief Justice Roy S. Moore of the Supreme Court of Alabama issued today at this link.
Posted at 06:00 PM by Howard Bashman



"A look at a changing Pennsylvania Supreme Court as its newest justice takes oath of office": The Associated Press has this report.

And NewsWorks reports that "New Pa. Supreme Court Justice Dougherty vows fairness, independence."
Posted at 05:52 PM by Howard Bashman



"Time to get Pa. judges out of the campaign, fundraising business": Lynn A. Marks had this essay recently in The Morning Call of Allentown, Pennsylvania.
Posted at 05:50 PM by Howard Bashman


"In thwarted move, Justice Eakin tried to install new leaders in city courts": Craig R. McCoy and Mark Fazlollah have this front page article in today's edition of The Philadelphia Inquirer.

And in last Friday's edition of The Pittsburgh Post-Gazette, Eileen Colianni had a letter to the editor titled "Justice Eakin's email mess calls his fairness into question."
Posted at 05:48 PM by Howard Bashman



"The Central Question in the Bill Cosby Criminal Case": Jeffrey Toobin had this post yesterday online at The New Yorker.
Posted at 05:40 PM by Howard Bashman


"Do we need a constitutional convention on campaign finance?" Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this op-ed in The Los Angeles Times.
Posted at 05:38 PM by Howard Bashman


"The Death Penalty's Last Stand: Capital punishment is collapsing under the weight of its own corruption and cruelty." Law professor Charles Ogletree has this jurisprudence essay online today at Slate.
Posted at 05:33 PM by Howard Bashman


Tuesday, January 5, 2016

"U.S. discounts constitutional issue on immigration": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 11:16 PM by Howard Bashman


"How Ted Cruz Became Ted Cruz: In just a few years, he turned an obscure Texas legal post into a national platform for red-meat conservative causes." Michael Kruse has this article online at Politico Magazine.

According to the article, "In the middle of his stretch as solicitor general, Cruz actually had been approached about becoming a judge on the U.S. Court of Appeals for the 5th Circuit, according to Don Willett, who worked with Cruz at the time and is now a justice of the Supreme Court of Texas."
Posted at 10:12 PM by Howard Bashman



"Seidel's Suckhole Death Not Fault of Rafting Company, Judge Rules": Westword had this report back in November 2014.

Today, the majority on a partially divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit -- in a characteristically well-written opinion by Circuit Judge Neil M. Gorsuch -- affirmed the trial court's ruling.
Posted at 10:08 PM by Howard Bashman



"Laid-off Vanderbilt employees may get $285,000": Stacey Barchenger of The Tennessean had this article back in May of 2015.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this ruling in favor of Vanderbilt reversing the district court's judgment.
Posted at 08:10 PM by Howard Bashman



"Abortion case at Supreme Court gets personal": Richard Wolf of USA Today has this report.
Posted at 08:05 PM by Howard Bashman


"Russian Vodka Dispute Sent Back to Lower Court": Courthouse News Service has a report that begins, "Claims over Stolichnaya vodka trademarks must be reconsidered because a federal judge improperly considered whether a transfer of the marks was valid under Russian law, the Second Circuit ruled Tuesday."

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



"Prosecutors getting tough on 'ambulance chasing'; Prosecutors zero in on lawyer who solicited clients": Cindy Horswell of The Houston Chronicle has this report. You can freely access the full text of the article via Google.
Posted at 01:18 PM by Howard Bashman


"The Absurdly Harsh Penalties That Sparked the Oregon Rancher Protest: A federal judge rejected mandatory minimums for Dwight and Steven Hammond as unconstitutional; an appeals court disagreed." Jacob Sullum has this post at Reason.com's "Hit & Run" blog.
Posted at 01:15 PM by Howard Bashman


"Texas' top criminal court halted far more executions in 2015": Brandi Grissom of The Dallas Morning News has this report.
Posted at 01:14 PM by Howard Bashman


"How the High Court Could Shake Up the 2016 Campaign: From immigration to abortion to the power of unions, the Supreme Court is entering this election year with a full plate of politically charged cases." Sam Baker of National Journal has this report.
Posted at 01:08 PM by Howard Bashman


"Still no nominee for circuit": The Forum of Fargo, North Dakota today posted online an editorial that begins, "Judge Kermit Bye of Fargo announced more than a year ago he would take senior status on the 8th Circuit Court of Appeals. He did so early in 2015. Yet, there still is no nominee to fill his position."
Posted at 11:42 AM by Howard Bashman


"Objections raised as courtrooms go digital": The Boston Globe has this report.
Posted at 09:25 AM by Howard Bashman


Monday, January 4, 2016

"Court: Stores don't have to pay for right to sell books on Rosa Parks." Kent Faulk of The Birmingham News has this report.

At the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Rosa Parks Heirs Lose Legal Battle Over Movie, Books Sold at Target."

And at "The Volokh Conspiracy," Eugene Volokh has a blog post titled "Target has right to sell Rosa Parks biographies, commemorative plaque."

You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 10:48 PM by Howard Bashman



"Obama Administration Opposes Texas Abortion Restrictions; Solicitor general urges Supreme Court to strike down regulations": Jess Bravin of The Wall Street Journal has this report.

Update: In other coverage, Joan Biskupic of Reuters reports that "Obama administration asks U.S. top court to reject Texas abortion law."
Posted at 10:00 PM by Howard Bashman



"Christian pharmacists appeal 'conscience' case to Supreme Court; Oppose Wash. law that says they must dispense Plan B, other products": Cheryl Wetzstein of The Washington Times has this report.

This post from earlier today contains a link to the petition for a writ of certiorari.
Posted at 08:33 PM by Howard Bashman



"This Boy's Life: At 16, Taurus Buchanan threw one deadly punch -- and was sent away for life; Will the Supreme Court give him, and hundreds like him, a chance at freedom?" Corey G. Johnson and Ken Armstrong have this article online today at The Marshall Project.
Posted at 08:30 PM by Howard Bashman


"The First Amendment, the right of publicity, video games and the Supreme Court": Eugene Volokh has this blog post today at "The Volokh Conspiracy."
Posted at 08:26 PM by Howard Bashman


"Unions, Abortion, Obamacare: 3 Supreme Court Cases to Watch in 2016; The 2015-2016 SCOTUS term heats back up." Damon Root has this post today at the "Hit & Run" blog of Reason.com.
Posted at 08:24 PM by Howard Bashman


"As Justices Weigh Affirmative Action, Michigan Offers an Alternative": Anemona Hartocollis will have this article in Tuesday's edition of The New York Times.
Posted at 08:22 PM by Howard Bashman


"Ninth Circuit Judge Richard R. Clifton Announces Intention to Take Senior Status": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 08:20 PM by Howard Bashman


"The Supreme Court's next big class action controversy: ascertainability." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 08:15 PM by Howard Bashman


"Argument preview: New threat to public-employee unions." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 08:00 PM by Howard Bashman


Cert. petition filed today: You can access at this link the petition for a writ of certiorari that I filed today in the U.S. Supreme Court on behalf of a criminal defendant client in a case arising from the Third Circuit that presents a split among the circuits on an issue of federal statute of limitations law.
Posted at 02:04 PM by Howard Bashman


"'Citizens United' advisory measure can go on ballot, California high court says": Maura Dolan of The Los Angeles Times has this news update.

And Howard Mintz of The San Jose Mercury News reports that "California Supreme Court backs advisory ballot measures."

You can access today's ruling of the Supreme Court of California at this link.
Posted at 01:48 PM by Howard Bashman



"Pharmacists to Supreme Court: Protect our religious conscience." The Becket Fund for Religious Liberty issued this news release today. You can view the petition for a writ of certiorari at this ink.
Posted at 11:38 AM by Howard Bashman


"Supreme Court, in Recusal Case, May Find Itself Looking Inward": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 11:36 AM by Howard Bashman


"Appeals court reverses Key West tattoo shop ruling": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued last Tuesday.
Posted at 09:52 AM by Howard Bashman


"D.C. Circuit Review -- Reviewed: Resolved." Aaron Nielson has this post at the blog of the Yale Journal on Regulation.
Posted at 09:46 AM by Howard Bashman


"In U.S., Justice Kennedy Was 'Person of Year'": Kenneth Jost had this post yesterday at his blog, "Jost on Justice."
Posted at 09:44 AM by Howard Bashman


"Obama's gun control options each have legal pitfalls": Reuters has this report.
Posted at 09:42 AM by Howard Bashman


"Chief Justice Roberts Takes a Fourth Bite at the Apple": Michael Dorf has this post today at "Dorf on Law."

And yesterday at the "Civil Procedure & Federal Courts Blog," Patricia W. Moore had a post titled "Chief Justice's Year-End Report Praises Rules Amendments Sought by Corporate Defendants."
Posted at 09:40 AM by Howard Bashman



Sunday, January 3, 2016

"Ohio Supreme Court to weigh whether immunity law covers non-medical help": The Associated Press has a report that begins, "The Ohio Supreme Court is weighing whether the state's good Samaritan law should apply to individuals trying to provide non-medical help in emergencies."
Posted at 11:05 PM by Howard Bashman


"Our lovely Supreme Court Building": The Santa Fe New Mexican has this report.
Posted at 09:25 PM by Howard Bashman


"Footage of Supreme Court hearings proves an unlikely hit with the public; In the six months since the court opened its archive the footage has been accessed an average of 10,000 times a month": The Independent (UK) has an article that begins, "It was expected to be little more than an iPlayer for law students: more than 900 hours of footage from inside the Supreme Court, offering a window on the often dry and sometimes fiendishly complex legal deliberations."
Posted at 09:18 PM by Howard Bashman


"As U.S. abortion case looms, both sides seek personal touch": Joan Biskupic of Reuters has an article that begins, "As the U.S. Supreme Court prepares to hear its first abortion case in nearly a decade, both sides have been quietly gathering vivid personal accounts from women to supplement the dry legal arguments, believing the effort could appeal particularly to swing-vote Justice Anthony Kennedy."
Posted at 09:14 PM by Howard Bashman


"Senate a major roadblock for next president's Supreme Court picks": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 09:12 PM by Howard Bashman


"States plan renewed debate on LGBT rights, religious freedom": The Associated Press has a report that begins, "Lawmakers in numerous states are preparing for a new round of battles over gay rights and religious freedoms in 2016 following last summer's Supreme Court ruling legalizing gay marriage."
Posted at 09:10 PM by Howard Bashman


"Not all victims represented in Supreme Court Iran terrorism case": Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 09:05 PM by Howard Bashman


"N.J. mayor sworn in by U.S. Supreme Court Justice": NJ.com posted online on Friday afternoon an article that begins, "Hamilton Mayor Kelly Yaede was sworn into her first full term on Friday by none other than U.S. Supreme Court Justice Samuel A. Alito, Jr., who returned to his former hometown to administer the oath of office."
Posted at 04:44 PM by Howard Bashman


Saturday, January 2, 2016

"Ohio Supreme Court declines duck case": The Coshocton Tribune has an article that begins, "The Ohio Supreme Court has declined to hear the appeal of a veteran seeking to keep therapy ducks at his home in violation of village law."
Posted at 10:48 PM by Howard Bashman


"Government can, should, support religion, Justice Antonin Scalia tells Metairie crowd": Robert McClendon of The Times-Picayune of New Orleans has this report.

The New Orleans Advocate reports that "Scalia criticizes other justices over meaning of religious freedom."

And The Associated Press reports that "Scalia dismisses concept of religious neutrality in speech."
Posted at 10:40 PM by Howard Bashman



Friday, January 1, 2016

"Authors challenge Google's book copying project": Lyle Denniston has this post at "SCOTUSblog." You can view the petition for writ of certiorari at this link.
Posted at 07:33 PM by Howard Bashman


"Authors Guild Asks Supreme Court to Hear Google Books Copyright Case": Jeff John Roberts had this post yesterday at Fortune.com.

Yesterday at "The Switch" blog of The Washington Post, Hayley Tsukayama had an entry titled "The Authors Guild files to take Google to the Supreme Court."

And Publishers Weekly reports that "Authors Guild Petitions Supreme Court to Hear Google Case."
Posted at 03:36 PM by Howard Bashman



"Women's rights at stake: How the Supreme Court and abortion laws will shape the 2016 election; It doesn't seem like it now, but come primary season, abortion might be the No. 1 issue for many GOP voters." Amanda Marcotte has this essay today at Salon.com.
Posted at 03:26 PM by Howard Bashman


"Maine's supreme court justices to sit for trials to ease backlog of felony cases": The Associated Press has this report.
Posted at 03:24 PM by Howard Bashman


"Supreme Court coverage reinforces public's distrust of media": Mark Grabowski, a professor of journalism and media law, has this blog post online at The Hill.
Posted at 03:22 PM by Howard Bashman


"In 2016, terror suspects and 7-Eleven thieves may bring surveillance to Supreme Court; This year, US v. Graham is just one of several privacy cases we have our eye on": Cyrus Farivar of Ars Technica has this report today.
Posted at 03:18 PM by Howard Bashman


"Supreme Court Cases Probe Conflict Between Constitution And Native American Rights": Daniel Fisher has this post today at Forbes.com.
Posted at 03:14 PM by Howard Bashman


"2015: The Year in Religious Liberty Controversies; And one to look forward to in 2016." Stephanie Slade had this post yesterday at Reason.com's "Hit & Run" blog.
Posted at 02:04 PM by Howard Bashman


"Battle over abortion rights in California shifts to crisis pregnancy centers; New law requires notice of public reproductive health services in any licensed clinic for pregnant women; Effort targets faith-based crisis pregnancy centers that counsel women against abortion; Clinics have mounted legal challenge over compelled speech, religious freedom": This article appeared in The Sacramento Bee early last month.

The Union of Grass Valley, California reports that "Grass Valley pregnancy center loses first court battle over state law."

And the Christian News Network reports that "Judges Refuse to Stop Law Ordering Pregnancy Centers to Provide Info on Gov't Abortion Programs."

Yesterday, one pregnancy center that objects to the new law filed this emergency motion for injunction pending appeal in the U.S. Court of Appeals for the Ninth Circuit.

In earlier commentary about the new California statute, law professor Erwin Chemerinsky had an op-ed titled "In California, free speech meets abortion" in The Los Angeles Times.

At Justia.com's Verdict, law professor Vikram David Amar had an essay titled "Why the Challenges to California's Reproductive Fact Act Are Likely Unpersuasive."

And online at Slate, Dahlia Lithwick has a jurisprudence essay titled "A Woman's Right to Know: Can California make crisis pregnancy centers say what they really are?"
Posted at 02:00 PM by Howard Bashman







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