How Appealing

Monday, February 29, 2016

"Lawyers for Sen. Menendez, government argue to appeals panel in corruption case": The Record of Hackensack, New Jersey has this report.

The Philadelphia Inquirer reports that "Appeals judges study intent of Menendez's actions."

And The Associated Press reports that "Appeals judges grill lawyer in Sen. Menendez corruption case."

You can access via this link (32.8 MB mp3 audio file) the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit.
Posted at 10:16 PM by Howard Bashman



"Tribute: The incomparable Antonin Scalia." Kristin Linsley Myles has this guest post online at "SCOTUSblog."
Posted at 10:05 PM by Howard Bashman


"Gone but Not Forgotten: The remaining Supreme Court justices are dealing with Antonin Scalia's death in surprising and dramatic ways." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 10:00 PM by Howard Bashman


"Young Lawyers Ready to Argue a Major Abortion Case Before the Supreme Court": Erik Eckholm will have this article in Tuesday's edition of The New York Times.

Also in tomorrow's newspaper, Adam Liptak will have an article headlined "Eyes on Kennedy, Women Tell Supreme Court Why Abortion Was Right for Them."
Posted at 09:57 PM by Howard Bashman



"With Scalia gone, defendants lose hope for class action reprieve": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 05:46 PM by Howard Bashman


"The Political Ideologies of Law Clerks and their Judges": Adam Bonica, Adam S. Chilton, Jacob Goldin, Kyle Rozema, and Maya Sen have posted this paper online at SSRN.
Posted at 04:35 PM by Howard Bashman


"Obama adviser Deese to lead White House's Supreme Court process": Reuters has this report.
Posted at 01:33 PM by Howard Bashman


"Clarence Thomas Breaks 10 Years of Silence at Supreme Court": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "For first time in 10 years, Justice Clarence Thomas asks questions during an argument."

Sam Hananel of The Associated Press reports that "Justice Thomas poses questions, stuns Supreme Court crowd."

Greg Stohr of Bloomberg News reports that "Thomas Asks Questions From Supreme Court Bench for First Time in 10 Years."

Ariane de Vogue of CNN.com reports that "Justice Clarence Thomas breaks 10-year streak, asks question in court."

Cristian Farias of The Huffington Post reports that "Clarence Thomas Speaks From Supreme Court Bench For First Time In A Decade; He stood up for the Second Amendment in an under-the-radar criminal law case."

Lydia Wheeler of The Hill reports that "Justice Thomas asks question from bench."

Jeff John Roberts of Fortune.com reports that "A Supreme Court Justice Just Broke 10 Years of Silence."

And online at Slate, Mark Joseph Stern has a post titled "Clarence Thomas Just Asked His First Question in a Decade on the Supreme Court."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Voisine v. United States, No. 14-10154.
Posted at 12:44 PM by Howard Bashman



In today's mail: I received an advance text copy of Adam Cohen's new book, "Imbeciles: The Supreme Court, American Eugenics, and the Sterilization of Carrie Buck."

Last week, NPR's "All Things Considered" had this interview with Cohen about the book.
Posted at 11:20 AM by Howard Bashman



"Vicious and Idiotic Anti-Scalia Tirade by Former Clerk": Ed Whelan has this post today at National Review's "Bench Memos" blog.
Posted at 11:11 AM by Howard Bashman


"Shorthanded U.S. High Court Grapples With Life After Scalia": Greg Stohr of Bloomberg News has this report.
Posted at 11:07 AM by Howard Bashman


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

In Taylor v. Yee, No. 15-169, Justice Samuel A. Alito issued a concurrence, in which Justice Clarence Thomas joined, in the denial of certiorari.

In California Building Indus. Ass'n v. City of San Jose, No.15-330, Justice Thomas issued a concurrence in the denial of certiorari.

And in Ben-Levi v. Brown, No.14-10186, Justice Alito issued a dissent from the denial of certiorari.

Update: In early news coverage, The Associated Press has reports headlined "High court rejects challenge to Chesapeake Bay cleanup plan"; "Justices won't disturb student's suspension over rap song"; "High court won't hear appeal over anti-panhandling ban"; "High court won't hear appeal over NFL player settlement"; and "Supreme Court rejects NJ employees' appeal over pension fund."
Posted at 09:34 AM by Howard Bashman



"Floor tiles, water fountains, clinic doors weigh on Texas abortion case": Jon Herskovitz of Reuters has this report.
Posted at 09:05 AM by Howard Bashman


"Why Courts Shouldn't Ignore the Facts About Abortion Rights": Columnist Linda Greenhouse had this essay on the cover of the Sunday Review section of yesterday's edition of The New York Times.

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Texas Abortion Case Tests Kennedy's Commitment."
Posted at 07:42 AM by Howard Bashman



Sunday, February 28, 2016

"Sorry, Apple, Your 'Code Is Speech' Claim May Not Hold Up": Jeff John Roberts of Fortune.com has this report.
Posted at 10:08 PM by Howard Bashman


"Who Believes the GOP Is Serious About Blocking Obama's Supreme Court Nominee?" Steven Strauss has this blog entry today at The Huffington Post.
Posted at 09:57 PM by Howard Bashman


"Trump: Judge's ethnicity matters in Trump University suit." The Associated Press has a report that begins, "Republican presidential front-runner Donald Trump is trying to deflect attention from a class-action civil lawsuit involving the former Trump University by pointing to the ethnic background of the judge in the case."
Posted at 09:53 PM by Howard Bashman


"The war of words behind the Supreme Court nomination battle": Michael Kinsley has this essay online at The Washington Post.
Posted at 09:50 PM by Howard Bashman


"That Time Ted Cruz Submitted a Supreme Court Brief Citing . . . Ted Cruz; How his 'extremely conservative' law school article about ritual sacrifice made it to the highest court": Michael Linhorst has this article online at Politico Magazine.
Posted at 09:42 PM by Howard Bashman


"1780s clause at center of Menendez corruption case battle": The Associated Press has a report that begins, "When three federal appellate judges settle into their seats Monday to hear arguments in the corruption case against New Jersey Sen. Bob Menendez, they will be asked to delve deeply into an idea that, though little known outside legal circles, is as deeply embedded in the American DNA as the right to free speech."

The oral argument will occur tomorrow afternoon before a three-judge panel of the U.S. Court of Appeals for the Third Circuit consisting of Circuit Judges Thomas L. Ambro and Kent A. Jordan and Senior Circuit Judge Anthony J. Scirica.

When the oral argument audio becomes available online, I will link to it.
Posted at 09:35 PM by Howard Bashman



"GOP senators aim to confirm judges -- just not for SCOTUS; Democrats are accusing Republicans of rank hypocrisy": Burgess Everett of Politico.com has this report.
Posted at 09:27 PM by Howard Bashman


"Justices weigh if DA-turned-judge had murder case conflict": Maryclaire Dale and Mark Sherman of The Associated Press have this report.
Posted at 09:24 PM by Howard Bashman


"Sandra Day O'Connor and the fate of abortion rights": Linda Hirshman has this op-ed online at The Los Angeles Times.
Posted at 09:18 PM by Howard Bashman


"The Roberts Court Source-Code: Pinpointing the Justices' Opinion Construction Toolkits." Adam Feldman has posted this paper online at SSRN.
Posted at 08:53 PM by Howard Bashman


"Wanted: Supreme Court Nominee. Must Not Bruise Easily." Gardiner Harris will have this White House Letter in Monday's edition of The New York Times.
Posted at 08:50 PM by Howard Bashman


"Obama's Tangled History With Supreme Court Sets Stage for Nominee Fight": Peter Baker will have this article in Monday's edition of The New York Times.
Posted at 08:09 PM by Howard Bashman


"That Coke Can Is Back": Columnist Maureen Dowd has this op-ed in the Sunday Review section of today's edition of The New York Times.
Posted at 08:00 PM by Howard Bashman


"Arguments in Supreme Court abortion case pitched to audience of one": Robert Barnes of The Washington Post has this report.
Posted at 07:52 PM by Howard Bashman


"U.S. court test on abortion reflects success of strategy shift": Joan Biskupic of Reuters has this report.
Posted at 07:09 PM by Howard Bashman


"Republicans: 'Do Your Job,' Then Let People Decide." Kenneth Jost has this post today at his blog, "Jost on Justice."
Posted at 12:46 PM by Howard Bashman


"I thought I could reason with Antonin Scalia: A more naive young fool never drew breath; I clerked for Scalia, certain he prized reason; From our leather chairs, we never saw the lives his rulings gutted." Law professor Bruce Hay has this essay at Salon.com. Presumably this is not the sort of law clerk "tribute" to Justice Scalia that "SCOTUSblog" intends on publishing.
Posted at 12:42 PM by Howard Bashman


Saturday, February 27, 2016

"The Scalia Myth": Law professor Laurence H. Tribe has this post online today at The New York Review of Books.
Posted at 10:42 PM by Howard Bashman


"Louisiana abortion clinics ask Supreme Court for reprieve": Josh Gerstein of Politico.com has this blog post.

Chris Geidner of BuzzFeed News reports that "Louisiana Abortion Clinics Ask Supreme Court To Put State Doctor Restrictions On Hold."

At "SCOTUSblog," Lyle Denniston has a post titled "New plea to protect Louisiana abortion clinics."

And Jenny Jarvie and Molly Hennessy-Fiske of The Los Angeles Times have an article headlined "One of the last abortion clinics in Louisiana: How long will it hold on?"

You can access at this link the stay request filed yesterday in the U.S. Supreme Court.
Posted at 06:10 PM by Howard Bashman



"Abortion returns to Supreme Court altered by Scalia's death": Mark Sherman and Kim Chandler of The Associated Press have this report.

Irin Carmon of MSNBC.com has an article headlined "Which Justice Kennedy will rule on abortion?"

And Sunday's edition of The New York Times will contain an editorial titled "Showdown on Abortion at the Supreme Court."
Posted at 05:58 PM by Howard Bashman



"Wife of Alabama Supreme Court Chief Justice Roy Moore endorses Ted Cruz for president": Erin Edgemon of AL.com has this report.
Posted at 05:52 PM by Howard Bashman


"Americans Still Have To Beg The Supreme Court For Audio Of Hearings; It's the 21st century; Audio of a proceeding shouldn't be an afterthought": Cristian Farias of The Huffington Post has this report.
Posted at 05:48 PM by Howard Bashman


"3 Pa. governors push for merit selection of state appeals judges": Joseph A. Slobodzian has this article in today's edition of The Philadelphia Inquirer.

Karen Langley of The Pittsburgh Post-Gazette reports that "Past and present Pennsylvania governors back changes to selection of judges."

Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania reports that "Pa.'s six living governors join push to end appeals-court elections."

And The Pittsburgh Tribune-Review has an editorial titled "'Merit selection' for Pa. appellate judges? Not this kind."
Posted at 10:23 AM by Howard Bashman



Friday, February 26, 2016

"Why we need Supreme Court term limits": Columnist Jeff Jacoby has this essay online at The Boston Globe.

And today's broadcast of WBUR Radio's "Here & Now" contained an audio segment titled "Scalia's Death Revives Call For Supreme Court Term Limits."
Posted at 10:44 PM by Howard Bashman



"Apple Pushes iPhone Standoff Toward Congress or Supreme Court": Bloomberg News has this report.
Posted at 10:42 PM by Howard Bashman


"Why politicians make risky Supreme Court nominees": Columnist Michael McGough has this essay online at The Los Angeles Times.
Posted at 10:38 PM by Howard Bashman


"Domestic Abusers Take Their Fight To Own Guns To The Supreme Court; Anti-gun violence groups warn the case could put women's lives at stake": Melissa Jeltsen of The Huffington Post has this report.
Posted at 10:35 PM by Howard Bashman


"It's time for a wartime veteran on the Supreme Court": Sam Ayres and Dan Driscoll have this essay online at The Los Angeles Times.
Posted at 10:24 PM by Howard Bashman


"Long Supreme Court vacancies used to be more common": Drew DeSilver of the Pew Research Center has this report today.
Posted at 10:22 PM by Howard Bashman


"Better Care or Onerous Restrictions? Texas Abortion Law Going Before Supreme Court." Jan Hoffman of The New York Times has this report.
Posted at 09:22 PM by Howard Bashman


"Obama's GOP Supreme Court whip list": Edward-Isaac Dovere of Politico.com has this report.
Posted at 09:18 PM by Howard Bashman


"How many shoes can a Supreme Court nominee fill?" Richard Wolf of USA Today has this report.
Posted at 09:05 PM by Howard Bashman


"Grim Math: Calculating the odds that another Supreme Court justice will die by 2021." Chris Kirk and Stephen Laniel have this jurisprudence essay online at Slate.
Posted at 09:03 PM by Howard Bashman


"Our Salute to Sidley Austin: 'Eighteen Ways to Blow a Deadline.'" The "Harvard Parody" blog has this post today, along with a related YouTube video.
Posted at 09:00 PM by Howard Bashman


"Why This Judge May Be One Of The Only Supreme Court Nominees Worth Considering": Tamara Tabo has this post at "Above the Law" about Fifth Circuit Judge Gregg Costa.
Posted at 08:57 PM by Howard Bashman


"The Case for Nominating Elizabeth Warren to the Supreme Court: The time for temperate, modest, and self-abnegating wonks is next vacancy." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:53 PM by Howard Bashman


"A Modest Plan to Save the Supreme Court": Scott Turow has this essay online at Bloomberg View.
Posted at 08:50 PM by Howard Bashman


"In Supreme Court battle, does 'advise and consent' still work?" David G. Savage and Michael A. Memoli of The Los Angeles Times have this report.
Posted at 08:47 PM by Howard Bashman


"Scalia's Supreme Court Vacancy Could Leave Companies at a Loss; Dow Chemical settles a lawsuit for $835 million, saying the conservative justice's death hurt its chances of success at appeal": Joshua Jamerson and Brent Kendall of The Wall Street Journal have this report.

And Lawrence Hurley of Reuters reports that "Dow settlement signals impact of Scalia death on class actions."
Posted at 04:30 PM by Howard Bashman



"Key Case Goes to Supreme Court Without Abortion Foe Antonin Scalia; Abortion-rights groups can still win, whereas opponents likely can get a tie vote at most": Louise Radnofsky and Jess Bravin of The Wall Street Journal have this report.
Posted at 04:28 PM by Howard Bashman


"The Court and the World: American Law and the New Global Realities." The Newseum has posted on YouTube at this link yesterday's interview of Justice Stephen G. Breyer by NBC News correspondent Pete Williams.
Posted at 04:25 PM by Howard Bashman


"How Biden killed John Roberts's nomination in 1992": Columnist Marc A. Thiessen has this essay online at The Washington Post.
Posted at 04:20 PM by Howard Bashman


"Outside conservative groups overwhelm Arkansas judge races": The Associated Press has this report.

According to the article, "the barrage is focused on two state Supreme Court races that have become Arkansas' most fiercely fought contests, thanks to the ramped up efforts of outside conservative groups to reshape the nation's state courts by shattering spending records."
Posted at 04:18 PM by Howard Bashman



"White House: Obama's Supreme Court list not yet final." The Associated Press has this report.

And Reuters has a report headlined "Supreme Court justice candidate list still open: White House."
Posted at 04:16 PM by Howard Bashman



"Samsung scores legal win over Apple in patent feud": Howard Mintz of The San Jose Mercury News has an article that begins, "In perhaps Samsung's biggest legal win over Apple in their longrunning patent war, a federal apppeals court on Friday overturned a 2014 verdict that slapped the South Korean tech giant with nearly $120 million in damages for copying certain iPhone features."

Susan Decker of Bloomberg News reports that "Apple Loses Appeal in $119.6 Million Samsung Smartphone Case."

Reuters reports that "Samsung wins appeal in patent dispute with Apple."

Joe Mullin of Ars Technica reports that "Apple's $120M jury verdict against Samsung destroyed on appeal; Apple's autocorrect and 'slide to unlock' are invalid in light of prior art."

And at Fortune.com, Don Reisinger reports that "Samsung Wins Appeal In $120M Patent Fight With Apple."

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



"Ex-Players' Publicity Claims Over NFL Films Denied By 8th Circ." Matthew Perlman of Law360.com has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 02:00 PM by Howard Bashman


"Appeals court declines to rehear challenge to D.C. gun registration laws": Andrea Noble of The Washington Times has this report on an order denying rehearing en banc that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:54 PM by Howard Bashman


"District Judge Dismisses Complaint Seeking Judge Cebull's Emails": Ruthann Robson has this post at the "Constitutional Law Prof Blog." You can access yesterday's ruling of the U.S. District Court for the Northern District of California at this link.
Posted at 01:48 PM by Howard Bashman


"Tribute: Justice Scalia and the next generation of constitutional custodians." Law professor Kevin C. Walsh has this guest post today at "SCOTUSblog."
Posted at 01:45 PM by Howard Bashman


"News Guide: Details on Scalia's health at time of his death." The Associated Press has this report, linking to two underlying documents that you can access here and here.
Posted at 01:42 PM by Howard Bashman


"Appeals Court Upholds Law Restricting Louisiana Abortion Doctors": Campbell Robertson has this article in today's edition of The New York Times.

And The Associated Press has a report headlined "Group: Ruling may leave Louisiana with 1 abortion clinic."

My earlier coverage of Wednesday's Fifth Circuit stay ruling can be accessed here.
Posted at 01:35 PM by Howard Bashman



"Lucy Koh nominated for US Court of Appeals in SF": Bob Egelko of The San Francisco Chronicle has this report.

Howard Mintz of The San Jose Mercury News reports that "San Jose Judge Lucy Koh nominated to federal appeals court."

The Associated Press reports that "Obama nominates Silicon Valley judge to appellate court."

At Fortune.com, Jeff John Roberts reports that "White House to Promote Silicon Valley's Most Famous Judge."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Koh Nominated to 9th Circuit."

Yesterday, the White House issued a news release titled "President Obama Nominates Judge Lucy Haeran Koh to serve on the United States Court of Appeals."

And the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued a news release titled "U.S. District Judge Lucy H. Koh Nominated to Ninth Circuit Court of Appeals."
Posted at 01:28 PM by Howard Bashman



"Why the Real Battle Over the Fate of the US Supreme Court Isn't About Replacing Scalia": Law professor David Cole has this essay online today at Vice News.
Posted at 12:00 PM by Howard Bashman


"The Grave Risks of the Senate Republicans' Stated Refusal to Process any Supreme Court Nominee President Obama Sends Them": Law professor Vikram David Amar has this essay online today at Justia's Verdict.
Posted at 11:28 AM by Howard Bashman


"Dow Chemical settles case citing Supreme Court uncertainty": The Associated Press has this report.

Jef Feeley and Greg Stohr of Bloomberg News report that "Scalia's Death Prompts Dow to Settle Suits for $835 Million."

And Reuters reports that "Dow Chemical settles price-fixing case after Justice Scalia's death."
Posted at 11:24 AM by Howard Bashman



"Scalia Led Court in Taking Trips Funded by Private Sponsors": Eric Lipton will have this article in Saturday's edition of The New York Times.
Posted at 11:02 AM by Howard Bashman


"The Single Most Revealing Sentence Obama Has Said About His Supreme Court Nominee": Ian Millhiser of ThinkProgress has this post today.
Posted at 10:58 AM by Howard Bashman


"Decision to kill deal in Eakin's Porngate case cheers some, leaves others in shock": Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania has this report.

Paula Reed Ward of The Pittsburgh Post-Gazette reports that "Court of Judicial Discipline stymies deal between Supreme Court justice and investigators."

In today's edition of The Pittsburgh Tribune-Review, Natasha Lindstrom has a front page article headlined "Suspended state Supreme Court justice leaves ethics panel without settlement."

The Associated Press reports that "Court won't consider deal for judge in salacious email case."

And today's edition of The Philadelphia Inquirer contains an editorial titled "Justice Eakin should be judged."
Posted at 10:56 AM by Howard Bashman



"Track records of judges who'll decide NFL's Deflategate appeal": Michael McCann of SI.com has this report.
Posted at 10:14 AM by Howard Bashman


"Breyer on Scalia: 'He was a good friend.'" Ariane de Vogue of CNN.com has this report.
Posted at 10:02 AM by Howard Bashman


Thursday, February 25, 2016

"An Adult Conversation about the Fight to Fill Justice Scalia's #SCOTUS Seat": Rick Hasen has this post at his "Election Law Blog."

And you can access via YouTube "GWorks Interviews: Richard L. Hasen (Complete)."
Posted at 11:06 PM by Howard Bashman



"Supreme Court Fight Won't Die, No Matter How Hard Republicans Try": David M. Herszenhorn and Carl Hulse will have this front page article in Friday's edition of The New York Times.
Posted at 11:02 PM by Howard Bashman


"Tribute: He did what he was born to do." Christopher Landau has this guest post at "SCOTUSblog."
Posted at 07:28 PM by Howard Bashman


"Scalia's Legacy and an Uncertain Future": Law professor Laurence H. Tribe and Joshua Matz have this guest post today at "ACSBlog."
Posted at 04:55 PM by Howard Bashman


"G.O.P. Obstructionism and the Supreme Court": Lincoln Caplan has this post online today at The New Yorker.
Posted at 04:52 PM by Howard Bashman


"Kagan Only Justice to Experience 8-Member Court": Kimberly Robinson of Bloomberg BNA has this report.
Posted at 04:26 PM by Howard Bashman


"Judge halts deal in email case against Pa. Supreme Court Justice Eakin": Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania has an article that begins, "A judge in the offensive email case against Pennsylvania Supreme Court Justice J. Michael Eakin prevented a deal from being presented Thursday during a hearing Thursday afternoon."
Posted at 04:20 PM by Howard Bashman


"3 appeals court jurists to hear Brady case appeal next week": The Associated Press has a report that begins, "Three federal judges will hear the NFL's appeal of the lifting of New England quarterback Tom Brady's four-game suspension in 'Deflategate' next week."
Posted at 04:18 PM by Howard Bashman


"Breyer on 8-member Supreme Court: 'We'll do our work.'" Josh Gerstein of Politico.com has a blog post that begins, "The vacancy caused by Supreme Court Justice Antonin Scalia's death won't paralyze the court'' ability to resolve cases, Justice Stephen Breyer said Thursday."
Posted at 04:15 PM by Howard Bashman


"After Scalia: A Single Supreme Court Justice Can Impede Progress, Influence Our Discourse." Sherrilyn A. Ifill has this essay online at The Root.
Posted at 04:06 PM by Howard Bashman


"Judicial ethics board thwarts Eakin's attempt at a settlement in Porngate": Craig R. McCoy And Angela Couloumbis of The Philadelphia Inquirer have a news update that begins, "The judicial ethics court that will decide the fate of embattled Supreme Court Justice J. Michael Eakin on Thursday thwarted an attempt by the judge and his accusers to negotiate a settlement in the Porngate case."

And earlier today, Matt Miller of The Patriot-News of Harrisburg, Pennsylvania had an article headlined "Investigators answer questions, sort of, about 2014 probe that cleared Justice Eakin in email case."
Posted at 03:24 PM by Howard Bashman



"Sandoval doesn't want to be considered for Supreme Court seat": The Las Vegas Review-Journal has this news update.

And Amanda Terkel of The Huffington Post reports that "Brian Sandoval Takes Himself Out Of The Running For Supreme Court Spot."
Posted at 01:42 PM by Howard Bashman



"Obama Could Taunt the Senate as FDR Did": Online at Bloomberg View, law professor Noah Feldman has an essay that begins, "President Barack Obama insisted that his post to Scotusblog on Wednesday about his criteria for a U.S. Supreme Court nominee was 'spoiler free.' But he may have been protesting a bit too much."
Posted at 01:18 PM by Howard Bashman


"Obama's Flawed Plan to Close Guantanamo": Amy Davidson has this post online at The New Yorker.
Posted at 01:11 PM by Howard Bashman


"Writ of Fido: The Supreme Court looks at how robbing a drug dealer can trip the Hobbs Act's commerce provision and bring a petty thief a lot of federal trouble." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 01:06 PM by Howard Bashman


"Chief Justice Roberts has most to lose with SCOTUS vacancy": Gabe Roth has this essay at msnbc.com.
Posted at 01:04 PM by Howard Bashman


"A scheme to say how land is used: The Environmental Progection Agency is perched to become the nation's zoning board." Online at The Washington Times, John Block has an essay that begins, "It sounds like a bad dream -- a really bad dream -- but in a matter of days or at most weeks the Environmental Protection Agency could become our national zoning board. Some say that, with the passing of Justice Antonin Scalia, the chances just became much bigger."
Posted at 01:02 PM by Howard Bashman


"Court overturns Palestinian activist's fraud conviction": Josh Gerstein of Politico.com has this blog post about a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.

Update: In other coverage, Reuters reports that "Palestinian activist's U.S. immigration fraud conviction vacated."
Posted at 12:58 PM by Howard Bashman



"What's Going On With The Supreme Court Nomination Process: Everything you need to know about this very weird situation." Chris Geidner of BuzzFeed News has this report.
Posted at 12:48 PM by Howard Bashman


"Senior Republican says Obama seeking moderate Supreme Court justice": Reuters has this report.
Posted at 12:45 PM by Howard Bashman


"Supreme Court Abortion Case Seen as a Turning Point for Clinics": Erik Eckholm has this front page article in today's edition of The New York Times.
Posted at 10:23 AM by Howard Bashman


"Supreme Court Justice Alito Speaks to 3L Class": Georgetown Law has issued this news release.
Posted at 10:20 AM by Howard Bashman


"Report: Sheriff was told he had no authority in Scalia death." The Associated Press has this report.
Posted at 09:06 AM by Howard Bashman


"Scalia Death Upends Case Involving Texas Abortion Safety Rules": Greg Stohr of Bloomberg News has this report.
Posted at 09:02 AM by Howard Bashman


"Meet Marc Zwillinger: Apple's secret weapon in its battle against the FBI; Marc Zwillinger used to be a prosecutor for the DoJ -- but now he is a go-to tech lawyer for Silicon Valley companies fighting against government surveillance." Danny Yadron of The Guardian (UK) has this report.
Posted at 08:55 AM by Howard Bashman


"Past critics embrace Schumer, McConnell in SCOTUS fight; With the backing of their respective bases, both have a stronger hand in a fight that will shape the top court in the land": Burgess Everett of Politico.com has this report.
Posted at 08:52 AM by Howard Bashman


"Reports released in Markel murder case": Karl Etters of The Tallahassee Democrat has this report. The newly release information can be accessed here and here.
Posted at 08:42 AM by Howard Bashman


"Sandoval to be vetted for US Supreme Court, but Republicans stand firm": Jim Myers has this front page article in today's edition of The Las Vegas Review-Journal.

And The Associated Press has reports headlined "Possible choice of Nevada governor a test for Senate GOP" and "Obama's sacrificial lamb: High-court pick to face long odds."
Posted at 08:35 AM by Howard Bashman



"Deal seen in the works for embattled Justice Eakin": In today's edition of The Philadelphia Inquirer, Angela Couloumbis and Craig R. McCoy have a front page article that begins, "Embattled Pennsylvania Supreme Court Justice J. Michael Eakin faces a hastily called hearing Thursday that experts say points to a likely deal on charges that he violated judicial ethics rules through his involvement in the pornographic emails scandal."

Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania reports that "Pa. Supreme Court Justice Eakin to appear in court Thursday on email charges."

The Associated Press reports that "Ethics court sets hearing this week in Justice Eakin's email case."

And in today's edition of The Pittsburgh Post-Gazette, Christian Bagin has a letter to the editor titled "Justice Eakin's conduct has brought the bench into disrepute."
Posted at 08:30 AM by Howard Bashman



"Alabama attorney sues U.S. Supreme Court justices who legalized gay marriage": Kent Faulk of The Birmingham News has this report.
Posted at 08:15 AM by Howard Bashman


"ACLU plans challenge to ruling finding no First Amendment right to film police": In today's edition of The Philadelphia Inquirer, Jeremy Roebuck has a front page article that begins, "Civil rights lawyers said Wednesday that they intend to appeal a federal court ruling in Philadelphia that citizens do not necessarily have a right protected by the First Amendment to record police activity."

Tuesday at "The Volokh Conspiracy," Eugene Volokh had a post titled "Court: No First Amendment right to videorecord police unless you are challenging the police at the time."
Posted at 08:12 AM by Howard Bashman



Wednesday, February 24, 2016

"New court ruling allows Louisiana to begin enforcing controversial abortion law some say will cripple clinics": Joe Gyan Jr. of The Advocate of Baton Rouge, Louisiana has this report.

Reuters reports that "U.S. court allows Louisiana abortion restrictions to go into effect."

And The Associated Press reports that "Appellate court rules against abortion clinics in Louisiana."

You can access today's stay ruling of a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 09:57 PM by Howard Bashman



"Obama's Scotusblog Post: Reading Between the Lines." Adam Liptak of The New York Times has this report.
Posted at 09:45 PM by Howard Bashman


"Senate Republicans Lose Their Minds on a Supreme Court Seat": This editorial will appear in Thursday's edition of The New York Times.
Posted at 09:38 PM by Howard Bashman


"Democrats Should Hold Hearings for Obama's Supreme Court Nominee: It doesn't matter that Republicans won't go." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:35 PM by Howard Bashman


"Obama Makes His Supreme Court Pitch Like Only A Legal Nerd Would: Can't get any geekier than a post on SCOTUSblog." Cristian Farias of The Huffington Post has this report.
Posted at 09:30 PM by Howard Bashman


"Constitution Check: Could the Supreme Court end Senate gridlock on the vacant seat?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:15 PM by Howard Bashman


"Justice Scalia spent his last hours with members of this secretive society of elite hunters": Amy Brittain and Sari Horwitz of The Washington Post have this report.
Posted at 09:00 PM by Howard Bashman


"Castille erred in reviewing capital case": Gil Garcetti has this op-ed in today's edition of The Philadelphia Inquirer.
Posted at 08:57 PM by Howard Bashman


"Obama weighs Republican Nevada governor for Supreme Court": Reuters has this report.
Posted at 04:52 PM by Howard Bashman


"Argument preview: New look at abortion after nine years." Lyle Denniston has this post at "SCOTUSblog."
Posted at 04:48 PM by Howard Bashman


"Court rules against Ohio false statement campaign law": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 01:48 PM by Howard Bashman


"Argument analysis: Will the new FERC case turn out to be easy?" Lyle Denniston has this post at "SCOTUSblog."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Hughes v. Talen Energy Marketing, LLC, No. 14-614.
Posted at 01:42 PM by Howard Bashman



"Appeals court upholds limit on sharing of tips among workers": The Associated Press has this report.

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 01:33 PM by Howard Bashman



"Republican governor of Nevada Brian Sandoval being considered for Supreme Court": Mike DeBonis and Juliet Eilperin of The Washington Post have this report.
Posted at 01:30 PM by Howard Bashman


"Tribute: A mentor and a mensch -- remembering Justice Scalia." Danielle Sassoon has this guest post at "SCOTUSblog."
Posted at 01:27 PM by Howard Bashman


"Obama Lists What He's Looking for in a Supreme Court Nominee": Julie Hirschfeld Davis of The New York Times has this report.

Dave Boyer of The Washington Times reports that "Obama outlines qualities of Supreme Court nominee, urges Senate to act."

At WSJ.com's "Law Blog," Brent Kendall has a post titled "Obama Makes Surprise, 'Spoiler-Free' Appearance on SCOTUSblog."

Reuters reports that "Obama to proceed with court nominee despite Republican defiance."

Nick Gass of Politico.com reports that "Obama lists qualities of next Supreme Court justice."

And Kevin Liptak of CNN.com has a report headlined "Obama: 'It will be difficult' for McConnell to explain decision to block Supreme Court nominee."
Posted at 01:23 PM by Howard Bashman



"A Responsibility I Take Seriously": President Barack Obama has this guest post today at "SCOTUSblog."

And at ThinkProgress, Ian Millhiser has a post titled "Four Paths Obama Could Take With His Supreme Court Nominee."
Posted at 09:18 AM by Howard Bashman



Tuesday, February 23, 2016

"Federal appeals court won't reconsider ruling granting new trial for officers in Danziger Bridge case": The Advocate of New Orleans has this report.

And The Associated Press reports that "New trial for ex-officers stands in Katrina shootings case."

You can access today's order of the U.S. Court of Appeals for the Fifth Circuit denying rehearing en banc by an evenly divided 7-to-7 vote, and the opinion dissenting therefrom, at this link.
Posted at 11:22 PM by Howard Bashman



"Albert Woodfox and the Case Against Solitary Confinement": Law professor David Cole has this post online today at The New Yorker.
Posted at 10:46 PM by Howard Bashman


"Order in the Court! How John Roberts will keep the Supreme Court from descending into chaos." Dahlia Lithwick has this jurisprudence essay online today at Slate.
Posted at 10:44 PM by Howard Bashman


"U.S. top court mulls boosted patent damages in Stryker, Halo cases": Reuters has this report.

And online at Bloomberg View, law professor Noah Feldman has a related essay titled "The Highest Court in the Land Shouldn't Always Pull Rank."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513.
Posted at 10:40 PM by Howard Bashman



"Only Eight Justices? So What; A Supreme Court vacancy doesn't make the justice system grind to a halt; History shows that it merely delays rulings in a small number of cases." Law professor Josh Blackman and Ilya Shapiro have this essay online at The Wall Street Journal.

You can freely access the full text of the essay via Google.
Posted at 10:26 PM by Howard Bashman



"Texas sheriff's report reveals more details on Supreme Court Justice Scalia's death": Amy Brittain and Sari Horwitz of The Washington Post have an article that begins, "A Texas sheriff's department released an incident report late Tuesday that revealed new details of the discovery of Supreme Court Justice Antonin Scalia's body, as well as the name of the friend who accompanied him on the hunting trip and the items found inside the ranch bedroom where the justice was found."
Posted at 10:13 PM by Howard Bashman


"Justice Alito Addresses Prospect of an 8-Member Court": Adam Liptak will have this article in Wednesday's edition of The New York Times.

Richard Wolf of USA Today has an article headlined "Alito on 8-member court: 'We will deal with it.'"

At WSJ.com's "Law Blog," Brent Kendall has a post titled "Justice Alito: Scalia Death a Great Shock but 'We Will Deal With It.'"

Ariane de Vogue of CNN.com has a report headlined "Samuel Alito on Supreme Court vacancy: 'We will deal with it.'"

And Cristian Farias of The Huffington Post has an article headlined "Samuel Alito On An Eight-Justice Supreme Court: 'We Will Deal With It'; He didn't comment on what kind of justice should fill the late Antonin Scalia's seat."
Posted at 10:09 PM by Howard Bashman



"Green groups ready lobbying machine for confirmation fight": Kevin Bogardus of E&E Daily has this report.
Posted at 05:44 PM by Howard Bashman


"The First Day of the New Supreme Court: Without Antonin Scalia on the bench, the court's liberals spoke up and won out." Mark Joseph Stern has this Supreme Court dispatch online today at Slate.
Posted at 05:42 PM by Howard Bashman


"Alito: Court will find a way to do its work with 8 justices." Mark Sherman of The Associated Press has this report.

And Josh Gerstein of Politico.com has a blog post titled "Alito demurs, mostly, on successor to Scalia."
Posted at 05:37 PM by Howard Bashman



"Supreme Court to hear major grid case without Scalia": Robin Bravender of Greenwire has this report.
Posted at 05:32 PM by Howard Bashman


In the March 2016 issue of ABA Journal: Mark Walsh has an article headlined "Supreme Court to consider abortion regulations and the contraception-coverage mandate."

David L. Hudson Jr. has an article titled "Federal appeals courts split over law on credit card surcharges."

Jenny B. Davis has an article headlined "10 Questions: This DC lawyer is helping her firm attract US Supreme Court clerks."

And this month's installment of Bryan A. Garner's "On Words" column is titled "A 'conversation' with the late, great lexicographer Samuel Johnson."
Posted at 05:28 PM by Howard Bashman



"Scalia suffered from many health problems": The Associated Press has this report.
Posted at 05:22 PM by Howard Bashman


"Oklahoma Supreme Court upholds state law on limiting abortion drugs": Reuters has this report on a ruling that the Supreme Court of Oklahoma issued today.
Posted at 03:30 PM by Howard Bashman


"McConnell will not meet with Obama's nominee": Alexander Bolton of The Hill has an article that begins, "Senate Majority Leader Mitch McConnell (R-Ky.) on Tuesday said he won't even meet with President Obama's nominee to the Supreme Court."
Posted at 03:20 PM by Howard Bashman


"Forum Club 2,12,2016 Stephen Breyer": You can access the video on YouTube at this link.
Posted at 03:17 PM by Howard Bashman


"How influential was Scalia, really?" Law professor Eric Posner has this blog post.
Posted at 03:12 PM by Howard Bashman


"Obama Makes Guantanamo Tribunals More Difficult": Online at Bloomberg View, law professor Noah Feldman has an essay that begins, "Buried in the middle of President Barack Obama's speech Tuesday on closing the military prison at Guantanamo Bay, Cuba, was a remarkable statement very close to a repudiation of the military commissions trying Khalid Sheikh Mohammed and nine other terrorists."
Posted at 03:06 PM by Howard Bashman


"Colleagues, even if you don't like circuit precedent, you must follow it. Afterwards, you call the case en banc. You cannot create your own contrary precedent." So begins a dissenting opinion that Ninth Circuit Judge N. Randy Smith issued today.
Posted at 01:35 PM by Howard Bashman


"GOP Senators: No hearing, no vote for Obama Court pick." The Associated Press has this report.

Reuters has a report headlined "Senate won't confirm any Obama Supreme Court nominee: McConnell."

And Bloomberg News reports that "Post-Scalia, Senate Republicans See Tough Optics on Blockade."
Posted at 01:14 PM by Howard Bashman



Access the transcript of today's U.S. Supreme Court oral argument in Taylor v. United States, No. 14-6166: At this link.
Posted at 01:03 PM by Howard Bashman


"The behind-the-scenes politics of picking a Supreme Court justice": Joan Biskupic has a post at "The Great Debate" blog of Reuters that begins, "As U.S. Supreme Court Justice Antonin Scalia was being eulogized and President Barack Obama had begun reviewing files on his potential successor, a chance meeting led me to recall a memo Patrick Buchanan, an advisor to President Ronald Reagan, wrote 30 years ago recommending Scalia."
Posted at 11:34 AM by Howard Bashman


"Supreme Court to decide whether Roanoke robbery convictions will stand": Columnist Dan Casey has this essay online at The Roanoke Times.
Posted at 11:28 AM by Howard Bashman


"Here's who should replace Antonin Scalia": Law professor Michael J. Broyde has this essay at CNN.com.
Posted at 11:27 AM by Howard Bashman


"An Historic Attempt To Kill Roe v. Wade May Backfire Spectacularly On The Anti-Choice Right": Ian Millhiser of ThinkProgress has this post today.
Posted at 11:24 AM by Howard Bashman


"Do Women Need Legislative 'Protection'?" Emily Bazelon had this "First Words" essay in this past Sunday's edition of The New York Times Magazine.
Posted at 11:22 AM by Howard Bashman


"Why not have a Justice Howard Stern?" Columnist Ginnie Graham has this essay online at The Tulsa World.
Posted at 11:19 AM by Howard Bashman


"Antonin Scalia, Judicial Activist? In Defense of the Late Justice -- and the Rule of Law." Evan Bernick has this entry online at The Huffington Post.
Posted at 11:17 AM by Howard Bashman


"The Matthew Stephenson Moment": At the "Balkinization" blog, Richard Primus recently had a post in which he writes, "It's hard to foresee what might happen if a President said 'From now on, I'm going to deem my nominees appointed unless they are affirmative rejected by the Senate within ninety days.' It might not be pretty. And maybe we will never get that far. But whether it's that escalation or a different one, the important point is that escalations in the separation-of-powers game are likely to produce further escalations, especially when the stakes are high and politically salient, and especially in a particular domain -- judicial confirmations -- where escalation responding to escalation is already the established dynamic."
Posted at 11:14 AM by Howard Bashman


"Rules of Engagement: Exploring judicial use of social media." Attorney John G. Browning and Justice Don Willett of the Supreme Court of Texas have this article in the February 2016 issue of Texas Bar Journal.
Posted at 11:11 AM by Howard Bashman


"Argument preview: When must a prosecutor-turned-judge recuse from a capital case?" Richard M. Re has this post today at "SCOTUSblog."
Posted at 11:00 AM by Howard Bashman


"Obama admin wins jurisdiction fight over contentious rule": Tiffany Stecker and Jeremy P. Jacobs of Greenwire have this report.

The Associated Press reports that "Appeals court to consider challenge to federal water rules."

Timothy Cama of The Hill reports that "Court to hear case against Obama's water rule."

And Courthouse News Service reports that "6th Circuit to Review EPA Clean Water Rule."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit -- in which each of the judges on the panel wrote separately -- at this link.
Posted at 10:58 AM by Howard Bashman



"Supreme Court fight has lawmakers doing somersaults": The Associated Press has this report.
Posted at 10:52 AM by Howard Bashman


"Appellate court reinstates voters' wishes on prisoner parole": Bob Egelko of The San Francisco Chronicle has this report.

Denny Walsh of The Sacramento Bee reports that "Appeals court reverses judge's decision invalidating state parole laws."

The Associated Press reports that "Court Upholds State's Stricter Limits on Parole Hearings."

And Courthouse News Service reports that "9th Circ. OKs Longer Parole Waits in Calif."

You can access yesterday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:50 AM by Howard Bashman



"Court revives reverse-payment case over Loestrin": Reuters has this report (subscription required for full access) on a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit issued yesterday.
Posted at 10:40 AM by Howard Bashman


"Colorado can enforce its 'Amazon tax' law -- U.S. appeals court": Jonathan Stempel of Reuters has this report on a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued yesterday.

Circuit Judge Neil M. Gorsuch issued a concurring opinion.
Posted at 10:36 AM by Howard Bashman



Monday, February 22, 2016

"No need for nine on the Supreme Court": Law professor Richard Albert has this essay online at The Boston Globe.
Posted at 11:05 PM by Howard Bashman


"Have Obama's Supreme Court Picks Really Been Silent on Abortion? There's no public record of several jurists discussing the court's most divisive opinion: Roe v. Wade; But the 'abortion question' is part of the problem of how we pick jurists." Jay Michaelson has this essay online today at The Daily Beast.
Posted at 11:02 PM by Howard Bashman


"Could Surname Be Key in Republican Supreme Court Race?" Online at The Texas Tribune, Ross Ramsey has this essay today.
Posted at 10:58 PM by Howard Bashman


"Senate Republicans signal no vote on Supreme Court nominee": Erin Kelly of USA Today has this report.

Julie Hirschfeld Davis of The New York Times reports that "Joe Biden Argued for Delaying Supreme Court Picks in 1992."

And Mike DeBonis of The Washington Post has an article headlined "Joe Biden in 1992: No nominations to the Supreme Court in an election year."
Posted at 10:10 PM by Howard Bashman



"Would Scalia Say This Was an Illegal Search?" Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 10:04 PM by Howard Bashman


"Abortion foes' strategy faces a key test at the Supreme Court": Sandhya Somashekhar of The Washington Post has this report.
Posted at 10:02 PM by Howard Bashman


"Grief Gives Way to Division in First Court Arguments Since Scalia's Death": Adam Liptak will have this article in Tuesday's edition of The New York Times.

Robert Barnes of The Washington Post reports that "Supreme Court reconvenes without Scalia, 'our man for all seasons.'"

Jess Bravin and Brent Kendall of The Wall Street Journal report that "Supreme Court Pays Tribute to Justice Scalia in First Session Since Death; Chief justice spent several minutes recounting Scalia's career before hearing arguments."

Richard Wolf of USA Today reports that "On first day without Scalia, Supreme Court faces a possible tie vote."

And at "SCOTUSblog," Mark Walsh has a post titled "A 'view' from the Courtroom: The Justices return to a black and gray bench."
Posted at 10:00 PM by Howard Bashman



"Closing Curtain on Conservative Activism": Kenneth Jost had this post yesterday at his blog, "Jost on Justice."
Posted at 09:45 PM by Howard Bashman


"Supreme Court without Scalia divided over giving police more leeway to stop people": David G. Savage of The Los Angeles Times has this report.

And Richard Wolf of USA Today reports that "On first day without Scalia, Supreme Court faces a possible tie vote."
Posted at 03:27 PM by Howard Bashman



"UCILAW: The Supreme Court and the 2016 Elections." Now on YouTube, "UCI Law Professor Rick Hasen and Ed Whelan, president of the Ethics and Public Policy Center (EPPC), a conservative D.C. think tank, [are offering] perspectives on the Supreme Court and the 2016 elections."
Posted at 03:25 PM by Howard Bashman


"Scalia lauded as shorthanded Supreme Court returns to work": Lawrence Hurley of Reuters has this report.
Posted at 03:24 PM by Howard Bashman


Access the transcript of today's U.S. Supreme Court oral argument in Utah v. Strieff, No. 14-1373: At this link.
Posted at 01:53 PM by Howard Bashman


"Supreme Court resumes without Scalia": Josh Gerstein of Politico.com has this report.
Posted at 01:28 PM by Howard Bashman


Access the transcript of today's U.S. Supreme Court oral argument in Kingdomware Technologies, Inc. v. United States, No. 14-916: At this link.

There are two instances of laughter in the transcript (Chief Justice Roberts and Justice Breyer).
Posted at 01:25 PM by Howard Bashman



"Chief Justice pays tribute to late Supreme Court colleague Scalia": Lawrence Hurley of Reuters has this report.
Posted at 11:16 AM by Howard Bashman


"More on the end of originalism": Eric Posner has this blog post today.
Posted at 11:14 AM by Howard Bashman


"Appoint a few more Scalias, kiss democracy goodbye": Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this post online today at "The Great Debate" blog of Reuters.
Posted at 11:11 AM by Howard Bashman


"Nino Scalia, R.I.P." Law professor Ronald D. Rotunda has this essay online today at Justia's Verdict.

And last week at Justia's Verdict, law professor Marci A. Hamilton had an essay titled "In Defense of Justice Scalia on Religious Liberty and Smith."
Posted at 11:08 AM by Howard Bashman



"A ten-year milestone for Scalia's silent partner": Ariane de Vogue of CNN.com has an article that begins, "Justice Clarence Thomas' deep and unwavering voice filled the Basilica of the National Shrine last Saturday as he delivered a reading from the Book of Romans at the Mass celebrating his close friend, ideological soul mate and occasional defender, the late Justice Antonin Scalia."
Posted at 10:55 AM by Howard Bashman


"Supreme Court resumes oral arguments without Justice Scalia": Richard Wolf of USA Today has this report.
Posted at 10:53 AM by Howard Bashman


"Roberts Calls Late Justice Scalia 'Our Man For All Seasons'": Greg Stohr of Bloomberg News has this report.
Posted at 10:52 AM by Howard Bashman


"Chief justice remembers Scalia's 'irrepressible spirit'": Mark Sherman of The Associated Press has this report.

And Alan Fram of The Associated Press reports that "Coming battle over Scalia vacancy departs from historic norm."
Posted at 10:48 AM by Howard Bashman



"How Does It Feel, Chief Justice Roberts, to Hone a Dylan Quote?" Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:32 AM by Howard Bashman


Sunday, February 21, 2016

"McConnell faces Supreme Court test like no other; Democrats charge the Kentucky Republican with hypocrisy and obstruction on a mega-scale": John Bresnahan of Politico.com has this report.
Posted at 11:05 PM by Howard Bashman


"After Scalia's death, a constitutional clash with Congress": The Associated Press has this report, along with reports headlined "All eyes on Iowa's Grassley for Supreme Court nominee's fate" and "Nevada's GOP governor honored by mention about high court vacancy."
Posted at 11:03 PM by Howard Bashman


"Judicial Nominee Backlog Mired in Partisan Politics": Luke Russert and Mike Brunker of NBC News have this report.
Posted at 11:00 PM by Howard Bashman


"Will the Supreme Court Just Disappear?" Jonathan Chait has this essay in the February 22, 2016 issue of New York magazine.
Posted at 10:56 PM by Howard Bashman


"How Will Supreme Court Work? First, See How Congress Works." In Monday's edition of The New York Times, Carl Hulse will have this new installment of his "On Washington" column.
Posted at 10:53 PM by Howard Bashman


"John Roberts Looks to Steer Supreme Court Through Political Winds; With a 4-4 split after Scalia's death, the chief justice could face a raft of stalemated cases": Brent Kendall and Jess Bravin of The Wall Street Journal have this report.
Posted at 10:14 PM by Howard Bashman


"Remembering Scalia: A monumental jurist and great American." James R. Copland has this essay online at City Journal.
Posted at 08:44 PM by Howard Bashman


"Rethink life tenure": This editorial will appear in Monday's edition of The Washington Post.
Posted at 08:35 PM by Howard Bashman


"The Contradictions of Antonin Scalia: Why the version of originalism practiced by the late Supreme Court Justice had its limits; And why he was one of the best mentors a young lawyer could hope for." Slate has posted online this Amicus podcast featuring Dahlia Lithwick. Her guests this week were law professors Akhil Reed Amar and Rachel Barkow.
Posted at 04:55 PM by Howard Bashman


"Ike, Ford, and a Lost Voice in Supreme Court Nominations": Jeffrey Frank has this post online at The New Yorker.
Posted at 04:46 PM by Howard Bashman


"In post-Scalia Supreme Court, Kennedy still likely to decide fate of Texas abortion clinics": Brittney Martin of The Dallas Morning News has this blog post.
Posted at 04:44 PM by Howard Bashman


"The Supremely Old, Supremely Sharp, Supreme Court: Even into their 70s and 80s, justices remain as keen as ever; Is American law out of step with the way the human brain ages?" Ryan Park has this essay online at The Atlantic.
Posted at 04:42 PM by Howard Bashman


"Scalia Wanted Judge Opposed by NRA to Replace Him on Supreme Court": John Kruzel of ABC News has this report.
Posted at 04:38 PM by Howard Bashman


"At Least Republicans Will Be Consistent If They Block Obama's Supreme Court Pick; They're preventing Obama's other judicial nominees from getting confirmed; Why stop there?" Jennifer Bendery of The Huffington Post has this report.
Posted at 04:35 PM by Howard Bashman


"Scalia introduced conservative activism to Supreme Court": Law professor Erwin Chemerinsky has this essay online at The Orange County Register.
Posted at 04:32 PM by Howard Bashman


"Fierce Wisconsin Supreme Court race expected": Patrick Marley of The Milwaukee Journal Sentinel has this report.
Posted at 04:28 PM by Howard Bashman


"Scalia's absence to be felt as U.S. Supreme Court returns": Lawrence Hurley of Reuters has an article that begins, "The eight remaining members of the U.S. Supreme Court will feel the absence of their late colleague Justice Antonin Scalia in more ways than one when they return to work on Monday."
Posted at 03:25 PM by Howard Bashman


"Scalia Autopsy Decision Divides Pathologists": Lawrence K. Altman, M.D. has this article in today's edition of The New York Times.
Posted at 03:22 PM by Howard Bashman


"Looking Back": In the Talk of the Town section of the February 29, 2016 issue of The New Yorker, Jeffrey Toobin will have a Comment that begins, "Antonin Scalia, who died this month, after nearly three decades on the Supreme Court, devoted his professional life to making the United States a less fair, less tolerant, and less admirable democracy."

And online at The New Yorker, Lawrence M. Krauss has a post titled "Put an Atheist on the Supreme Court."
Posted at 03:14 PM by Howard Bashman



"Iowa judge would bring unique background to high court": In today's edition of The Des Moines Register, Grant Rodgers has a front page article that begins, "An Iowa judge whose name is making the lists of potential replacements for U.S. Supreme Court Justice Antonin Scalia would bring a unique resume to the nation's highest court, according to friends, politicians and court watchers."
Posted at 10:18 AM by Howard Bashman


"Lawyer's name runs through email traffic": In today's edition of The Philadelphia Inquirer, Mark Fazlollah and William Bender have a front page article that begins, "Flip through the formal misconduct charges against state Supreme Court Justice J. Michael Eakin and you can't help but wonder: Who is Terrence J. McGowan?"
Posted at 10:12 AM by Howard Bashman


Saturday, February 20, 2016

"Did the Supreme Court Kill the 'Purcell Principle' for Election Litigation? Maybe, Maybe Not." Rick Hasen has this post today at his "Election Law Blog."
Posted at 09:52 PM by Howard Bashman


"Antonin Scalia's funeral reflects the justice's life of faith": Robert Barnes of The Washington Post has this report.

Jess Bravin of The Wall Street Journal reports that "Mourners Remember Supreme Court Justice Antonin Scalia; Funeral at the National Shrine was celebrated by his son, Rev. Paul Scalia."

Richard Wolf and Gregory Korte of USA Today report that "At funeral Mass, Justice Scalia eulogized as a man of faith as well as law."

Mark Sherman an Sam Hananel of The Associated Press report that "Scalia remembered as man of faith, family and the law."

Greg Stohr of Bloomberg News reports that "Scalia Mourned as Late U.S. Justice's Funeral Draws Crowds."

Reuters has a report headlined "At Scalia funeral, led by son, U.S. court battle in recess."

Josh Gerstein of Politico.com reports that "Scalia's funeral Mass draws Washington elite; Prominent politicians and judges paid their respects to the late conservative justice."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Funeral Services Held on Saturday For Supreme Court Justice Antonin Scalia."

And at "SCOTUSblog," Mark Walsh has a post titled "'A simple parish funeral Mass.'"
Posted at 09:50 PM by Howard Bashman



"Scalia's uncompromising style at times limited his impact on the Supreme Court": David G. Savage of The Los Angeles Times has this report.
Posted at 09:40 PM by Howard Bashman


"Justice Antonin Scalia's Funeral Lets Washington Pause in Praise": Peter Baker of The New York Times has an article that begins, "Justice Antonin Scalia used to say he was better at responding to criticism than to praise. But praise will be the order of the day at a funeral Mass for him here on Saturday as the nation's capital pauses to mourn the passing of a jurist who left an indelible mark on the laws of his country."

C-SPAN will provide live coverage of the funeral Mass beginning at 11 a.m. eastern time today.
Posted at 08:36 AM by Howard Bashman



"Angola 3's Albert Woodfox released Friday after decades in solitary": Emily Lane has this front page article in today's edition of The Times-Picayune of New Orleans.

In today's edition of The Advocate of Baton Rouge, Louisiana, Maya Lau has a front page article headlined "Angola 3 member Albert Woodfox out of jail."

And in today's edition of The New York Times, Campbell Robertson has an article headlined "Last 'Angola 3' Inmate Freed After Decades in Solitary."
Posted at 08:33 AM by Howard Bashman



Friday, February 19, 2016

"All Your Questions About Scalia and the Fate of the Supreme Court, Answered": Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.
Posted at 11:09 PM by Howard Bashman


"The Republicans' Scalia Hysteria: The Supreme Court justice's departure doesn't mark the conclusion of a generational shift; It is just the opening act." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 11:07 PM by Howard Bashman


"Hollywood Calls Dibs on Your Life Story": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:04 PM by Howard Bashman


"The psychology behind why people believe conspiracy theories about Scalia's death; Hint: It has something to do with partisan rancor." Joseph E. Uscinski has this essay online at The Washington Post.
Posted at 10:40 PM by Howard Bashman


"Court declines stay in redistricting; Congress elections off": The Associated Press has a report that begins, "The U.S. Supreme Court won't stop a lower-court order that demanded North Carolina legislators draw a new congressional map."

You can view tonight's order of the U.S. Supreme Court at this link.
Posted at 10:15 PM by Howard Bashman



"There no longer are any rules in the Supreme Court nomination process": Miguel A. Estrada and Benjamin Wittes have this essay online at The Washington Post.
Posted at 10:05 PM by Howard Bashman


"Obama digs into research on potential Supreme Court picks": Roberta Rampton and Ayesha Rascoe of Reuters have this report.
Posted at 08:50 PM by Howard Bashman


"Obama, justices pay respects to Scalia": Lawrence Hurley of Reuters has this report.
Posted at 08:49 PM by Howard Bashman


"Why Is Mitch McConnell Picking This Fight?" Alec MacGillis will have this news analysis in the Sunday Review section of this Sunday's edition of The New York Times.
Posted at 08:36 PM by Howard Bashman


"Antonin Scalia Death Puts Swing State Republicans on Spot": Sheryl Gay Stolberg will have this article in Saturday's edition of The New York Times.

And also in tomorrow's newspaper, David M. Herszenhorn will have an article headlined "Iowans Urge Senator Charles Grassley to Hold Hearings on Court Nominee."
Posted at 08:33 PM by Howard Bashman



"The president's gestures of respect": Lyle Denniston has this post at "SCOTUSblog."
Posted at 08:24 PM by Howard Bashman


"Peers, The President And Many Average Americans Pay Respects To Scalia": Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered."
Posted at 06:12 PM by Howard Bashman


"My father, Antonin Scalia": Christopher J. Scalia has this essay online at The Washington Post.
Posted at 06:09 PM by Howard Bashman


"How John Roberts Can Save the Supreme Court: Senate Republicans plan to paralyze the nomination process; Here's a way forward for the chief justice this year." Simon Lazarus has this essay online at The New Republic.
Posted at 04:02 PM by Howard Bashman


"Solemnity and remembrance in the Great Hall": Lyle Denniston with an assist from Mark Walsh has this post at "SCOTUSblog."
Posted at 03:44 PM by Howard Bashman


"Win one for Nino": Columnist Charles Krauthammer has this essay online at The Washington Post.
Posted at 02:32 PM by Howard Bashman


Judge Posner on Indiana's law prohibiting texting while driving: Circuit Judge Richard A. Posner issued this decision yesterday on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 02:28 PM by Howard Bashman


"Federal appeals court revives parts of Cleveland's 'I can't breathe' case": Eric Heisig of The Cleveland Plain Dealer has this report on two decisions (here and here) that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 02:11 PM by Howard Bashman


"Supreme Court silent as North Carolina redistricting deadline approaches": Josh Gerstein of Politico.com has this report.
Posted at 02:00 PM by Howard Bashman


"Democrats scoff as Republicans say they'll hold out to prevent Obama Supreme Court appointee": Michael A. Memoli of The Los Angeles Times has this report.
Posted at 01:57 PM by Howard Bashman


"'Supreme Court justices are rock stars.' Who pays when the justices travel around the world?" Mark Berman and Christopher Ingraham of The Washington Post have this report.
Posted at 01:50 PM by Howard Bashman


"Justice Antonin Scalia Honored at Supreme Court": Adam Liptak and Emmarie Huetteman of The New York Times have this report.

And Jess Bravin of The Wall Street Journal reports that "Mourners Pay Respects to Supreme Court Justice Antonin Scalia; The late justice is lying in repose in the Supreme Court's Great Hall."
Posted at 01:45 PM by Howard Bashman



"On replacing Scalia: 'Do it later' is not in the text of the Constitution." Judge Kevin S. Burke has this essay online today at MinnPost.
Posted at 12:24 PM by Howard Bashman


"The coming flip-flop in constitutional theory": Eric Posner has this blog post today.
Posted at 12:21 PM by Howard Bashman


"Supreme Court family pays respects to Justice Antonin Scalia": Richard Wolf of USA Today has this report.

Greg Stohr of Bloomberg News reports that "Justice Scalia's Casket Put on View at U.S. Supreme Court."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court justices pay respects to Scalia."

And The Associated Press has a report headlined "The Latest: Mourners pay respects to late Justice Scalia."
Posted at 11:25 AM by Howard Bashman



"Scalia Fallout: Fewer SCOTUS Grants, More Rearguments." Kimberly Robinson of Bloomberg BNA has this report.
Posted at 08:20 AM by Howard Bashman


"Advocacy Groups on Both Sides Take Up Fight Over Supreme Court Vacancy; Ads, robocalls target senators on nomination question": Jess Bravin and Kristina Peterson of The Wall Street Journal have this report.
Posted at 08:17 AM by Howard Bashman


"Antonin Scalia: Will his conservative legacy live on?" Richard Wolf of USA Today has this report.
Posted at 08:15 AM by Howard Bashman


"Scalia's Death Offers Best Chance in a Generation to Reshape Supreme Court": Adam Liptak has this front page article in today's edition of The New York Times.

Also in that newspaper today, Gardiner Harris has an article headlined "President Obama Is Criticized Over Funeral for Scalia."
Posted at 08:12 AM by Howard Bashman



Thursday, February 18, 2016

"Democrats shouldn't rob voters of chance to replace Scalia": U.S. Senators Mitch McConnell (R-KY) and Chuck Grassley (R-IA) have this essay online at The Washington Post.
Posted at 09:24 PM by Howard Bashman


"Mourners to pay respects Friday to late Justice Scalia": Sam Hananel of The Associated Press has this report.
Posted at 09:18 PM by Howard Bashman


"Some want to limit justices to 18 years on Supreme Court": Mark Sherman of The Associated Press has this report.
Posted at 09:16 PM by Howard Bashman


"A 'view' from the Courtroom: 'I'm Scalia' and other quips." Mark Walsh has this post at "SCOTUSblog."
Posted at 05:10 PM by Howard Bashman


"Why originalism will fade": Eric Posner has this blog post today.
Posted at 05:09 PM by Howard Bashman


"Scalia at St. Thomas: Closing Arguments." Michael Stokes Paulsen has this post today at Public Discourse.
Posted at 05:07 PM by Howard Bashman


"Puerto Rico may have better chance of Supreme Court win after Scalia death": Reuters has this report.
Posted at 05:00 PM by Howard Bashman


"Michigan bar: First Amendment protects blogging lawyer in grievance case." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 04:58 PM by Howard Bashman


"EWTN disappointed but hopeful after latest HHS mandate ruling": Catholic News Agency has a report that begins, "In a 2-1 decision delivered Feb. 18, a federal court ruled against the Eternal Word Television Network in its challenge to the federal contraception mandate."

You can access today's 148-page ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.

Circuit Judge Jill A. Pryor wrote the opinion of the court, in which Circuit Judge R. Lanier Anderson joined. Judge Anderson also issued a short concurring opinion. Circuit Judge Gerald Bard Tjoflat issued a dissenting opinion, which concludes (caps in original) "Respectfully, I DISSENT."
Posted at 04:50 PM by Howard Bashman



"Biden says Obama won't be able to pick the 'most liberal jurist'": Reuters has this report.
Posted at 03:45 PM by Howard Bashman


"Sixty Seconds of Silence for Scalia": Richard Beem has this post today at his blog, "Beem on Patents."
Posted at 03:39 PM by Howard Bashman


"Lessons for the Supreme Court from the Jedi Council": Adam Gopnik has this post online today at The New Yorker.
Posted at 03:33 PM by Howard Bashman


"HBO's 'Confirmation' film rattles some Washington power players": Hadas Gold of Politico.com has this report.
Posted at 03:29 PM by Howard Bashman


"Advertising war over Scalia successor begins": Fredreka Schouten of USA Today has this report.
Posted at 01:17 PM by Howard Bashman


"Scalia's Six-Year Stint as a Big Law Associate": Gabe Friedman of Bloomberg BNA has this post.
Posted at 01:15 PM by Howard Bashman


"The Potential for the Most Liberal Supreme Court in Decades": Alicia Parlapiano and Margot Sanger-Katz have this post today at "The Upshot" blog of The New York Times.
Posted at 01:10 PM by Howard Bashman


"Resetting the Post-Scalia Supreme Court": Linda Greenhouse has this op-ed in today's edition of The New York Times.
Posted at 01:06 PM by Howard Bashman


"Biden: Obama seeking court nominee who enjoys GOP support." The Associated Press has this report.
Posted at 11:27 AM by Howard Bashman


"Constitution Little Help to Obama Bid for Vote on Scalia Vacancy": Greg Stohr of Bloomberg News has this report.
Posted at 11:25 AM by Howard Bashman


"Sandra Day O'Connor: Obama should name Scalia's replacement." CNN.com has this report.

And Cristian Farias of The Huffington Post reports that "Sandra Day O'Connor Says Obama Should Get To Replace Justice Scalia; 'Let's get on with it,' the retired Reagan appointee said."
Posted at 11:22 AM by Howard Bashman



"Blacks See Bias in Delay on a Scalia Successor": Maggie Haberman and Jonathan Martin have this front page article in today's edition of The New York Times.
Posted at 11:15 AM by Howard Bashman


"Scalia: the Most Influential Justice Without Influence in Supreme Court History; He was on the losing side during much of his tenure, and his theory of originalism never attracted majority support." Law professor David Cole has this essay online at The Nation.
Posted at 11:14 AM by Howard Bashman


"Scalia's absence could shape election rules; In redistricting cases and voter ID challenges, a divided Supreme Court could let liberal rulings by lower courts stand": Josh Gerstein of Politico.com has this report.
Posted at 11:11 AM by Howard Bashman


"Why Justice Scalia was staying for free at a Texas resort": Mark Berman and Jerry Markon of The Washington Post have this report.
Posted at 11:09 AM by Howard Bashman


"Voting in America: How Campaign Finance and Election Laws Threaten Democracy." At noon eastern time today, the National Constitution Center will host this event featuring leading election law scholars Edward B. Foley and Richard L. Hasen -- the same two people I had the pleasure of dining with last night.

Once underway, the Constitution Center will live-stream the video of the event on YouTube via this link.
Posted at 11:06 AM by Howard Bashman



"Where will the power center be on an eight-member Supreme Court?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:02 AM by Howard Bashman


"L.A. County judge killed while crossing the street in Pico-Robertson": Matt Hamilton of The Los Angeles Times has this report.
Posted at 09:08 AM by Howard Bashman


"Deadlocks and Rearguments: What's Ahead for the Supreme Court." Adam Liptak has this Q&A online at The New York Times.
Posted at 09:05 AM by Howard Bashman


"How Justice Scalia changed my life": Columnist Christine M. Flowers has this essay online at The Philadelphia Daily News.
Posted at 08:02 AM by Howard Bashman


"New meaning to the phrase 'court jesters'": Yesterday's edition of The Philadelphia Daily News contained an editorial that begins, "Justice is supposed to be blind, but here in Pennsylvania, why does it have to be deaf and dumb, too?"
Posted at 07:56 AM by Howard Bashman


"Scalia's former clerks recall his charm, as well as his intellectual rigor": Chris Mondics had this front page article in Tuesday's edition of The Philadelphia Inquirer.
Posted at 07:52 AM by Howard Bashman


"The New Supreme Court and the Jurisprudence in Exile": Richard M. Re has this post at "PrawfsBlawg."
Posted at 07:46 AM by Howard Bashman


Wednesday, February 17, 2016

"I'm a liberal lawyer. Clerking for Scalia taught me how to think about the law." Tara Kole has this essay online at The Washington Post.
Posted at 11:52 PM by Howard Bashman


"The Case for a Liberal Scalia: Why President Obama should nominate a true progressive to the high court." Law professor David Fontana and Ian Bassin have this jurisprudence essay online at Slate.
Posted at 11:44 PM by Howard Bashman


"Army sergeant loses suit against makers of 'The Hurt Locker'": Maura Dolan of The Los Angeles Times has this report.

At the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Appeals Court: 'The Hurt Locker' Is Protected By the First Amendment."

And The Associated Press reports that "Court upholds dismissal of veteran's suit over 'Hurt Locker.'"

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:40 PM by Howard Bashman



"Scalia's Classic 'Textualism' Will Be His Legacy": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:35 PM by Howard Bashman


"Supreme Court Vacancy Has Left and Right Ready to Pounce": Michael D. Shear will have this front page article in Thursday's edition of The New York Times.

And also in tomorrow's newspaper, Carl Hulse will have an article headlined "Senators Limber Up for a Dexterous Flip on Judicial Nominees."
Posted at 11:12 PM by Howard Bashman



"Justice Breyer reflects on role of Supreme Court in talk at Yale": Mary O'Leary of The New Haven Register has this report.

And The Associated Press has a report headlined "Breyer: US Supreme Court to be 'grayer place' without Scalia."
Posted at 10:58 PM by Howard Bashman



"Americans Divided on Whether Senate Should Consider Obama Supreme Court Nominee; Americans are split 43% to 42% over whether Senate should consider president's choice to fill court vacancy": Brent Kendall of The Wall Street Journal has this report (subscription required for full access).
Posted at 05:27 PM by Howard Bashman


"New Jersey takes sports betting argument to full appeals court": Reuters has this report.

The Associated Press reports that "Officials again ask court to legalize sports betting."

And at his "CA3blog," Matthew Stiegler has a post titled "NCAA en banc argument: only little surprises."

You can access via this link (32.4 MB mp3 audio file) the audio of today's en banc oral argument of the U.S. Court of Appeals for the Third Circuit.
Posted at 05:22 PM by Howard Bashman



"Argument preview: FERC v. the states -- Round 2." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 05:02 PM by Howard Bashman


"Scalia's son slams 'hurtful' conspiracy theories about father's death": Jesse Byrnes of The Hill has this report.
Posted at 05:00 PM by Howard Bashman


"The Fate of Scalia's Papers is Uncertain": Tony Mauro of The National Law Journal has this report (subscription required for full access).
Posted at 04:15 PM by Howard Bashman


"White House prods Senate Republicans to act on court vacancy": Ayesha Rascoe and Lawrence Hurley of Reuters have this report.
Posted at 04:12 PM by Howard Bashman


"Protracted Eight-Member Supreme Court Could Stymie Rulings on Host of Issues; Upcoming cases have long divided remaining justices 4-4 into conservative, liberal blocs": Jess Bravin and Brent Kendall of The Wall Street Journal have this report.
Posted at 03:24 PM by Howard Bashman


"Arguing Before Justice Scalia": Paul Clement has this essay online at The New York Times.
Posted at 03:20 PM by Howard Bashman


"Greens wary of Sri Srinivasan's fossil fuel past; His work as an attorney representing Enron's former CEO and ExxonMobil raises hackles among some eco-activists": Elana Schor of Politico.com has this report.
Posted at 03:14 PM by Howard Bashman


"Scalia restored right to bear arms; Supreme Court Justice's 'new originalism' refinement led to landmark 'Heller' decision": Law professor Randy E. Barnett has this essay online at USA Today.
Posted at 03:09 PM by Howard Bashman


"U.S. appeals court upholds Apple e-book settlement": Jonathan Stempel of Reuters has this report on a non-precedential summary order that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 02:56 PM by Howard Bashman


"Justice Scalia, the Last Originalist": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 02:53 PM by Howard Bashman


"What Originalists Should Say About a Scalia Replacement: It's not what Ted Cruz is saying." Law professor Richard Schragger has this jurisprudence essay online at Slate.
Posted at 02:51 PM by Howard Bashman


"We Know the Type of Justice Obama Might Pick: Because he's already told us many times." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 02:48 PM by Howard Bashman


"Obama and Republicans Are Both Wrong About Constitution": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 02:47 PM by Howard Bashman


"Possible Obama picks lean left on environment": Robin Bravender of Greenwire has this report.
Posted at 02:44 PM by Howard Bashman


"Without Justice Scalia, Oral Arguments Will Lose a Bit of Their Bite; Lawyers before the Supreme Court loved, and loathed, their time before the conservative jurist": Brent Kendall and Jess Bravin of The Wall Street Journal have this report.
Posted at 02:37 PM by Howard Bashman


"Court could halt U.S.S. Cole trial": Josh Gerstein of Politico.com has a blog post that begins, "Judges on a federal appeals court sounded open Wednesday to halting military commission proceedings against a Saudi man alleged to have planned the attack on the U.S.S. Cole in 2000 that killed 17 American sailors."

Yesterday at "Just Security," Steve Vladeck had a post titled "D.C. Circuit Quietly Set to Hear Major National Security Appeals."
Posted at 01:46 PM by Howard Bashman



"Has the President Gone Too Far on Immigration?" The National Constitution Center has posted on YouTube at this link the video of a debate that that the Center hosted yesterday evening in Philadelphia. Josh Blackman and a contributor to "The Volokh Conspiracy" blog were among the participants in the debate.
Posted at 01:40 PM by Howard Bashman


"Before Supreme Court nod, an intrusive interrogation": Josh Lederman of The Associated Press has an article that begins, "Did you ever buy porn, sniff glue, have sex in junior high? Exactly how many times?"
Posted at 01:36 PM by Howard Bashman


"Appeals court hears oral arguments on New Jersey's sports betting law": John Brennan of The Record of Hackensack, New Jersey has a news update that begins, "More than an hour of oral arguments about the constitutionality of New Jersey's sports betting law that were heard in a U.S. Third Circuit Court of Appeals courtroom on Wednesday underscored why the case has lurched through the courts for four years -- and why it may be four months or more before a dozen judges are able to reach a decision."

Update: In other coverage, Courthouse News Service reports that "Third Circ. Hears Sports-Betting Arguments."
Posted at 01:32 PM by Howard Bashman



"In Supreme Court Primary Race, a Question of Judgment": Online at The Texas Tribune, Ross Ramsey has an essay that begins, "Something unusual turned up in the arguments over which Green -- Paul or Rick -- should be the Republican Party's nominee for a seat on the Texas Supreme Court."
Posted at 01:25 PM by Howard Bashman


"Bring back Justice O'Connor": William Blake and Hans Hacker have this essay online at The Baltimore Sun.
Posted at 01:22 PM by Howard Bashman


"Republicans, Beware the Abe Fortas Precedent: In 1968, a hostile Congress blocked LBJ's nominee to the Supreme Court; Conservatives lived to regret it." Josh Zeitz has this essay online at Politico Magazine.
Posted at 01:18 PM by Howard Bashman


"Scalia Was Almost Never The Most Conservative Justice On The Supreme Court": Andrew D. Martin and Kevin M. Quinn have this post at FiveThirtyEight.
Posted at 01:14 PM by Howard Bashman


"The Second Amendment Without Scalia: What will happen to gun rights if a Democrat picks his replacement?" Jacob Sullum has this essay at Reason.com.
Posted at 01:12 PM by Howard Bashman


"Rebecca Bradley, JoAnne Kloppenburg advance in high court race": Patrick Marley and Lee Bergquist of The Milwaukee Journal Sentinel have an article that begins, "State Supreme Court Justice Rebecca Bradley and Appeals Judge JoAnne Kloppenburg advanced in Tuesday's primary and will square off in the April 5 election for a 10-year term on the high court."
Posted at 01:09 PM by Howard Bashman


"Scalia's death and lack of an autopsy bring out the conspiracy theorists": Matt Pearce of The Los Angeles Times has this report.
Posted at 01:05 PM by Howard Bashman


"How Supreme Court Justices Are Chosen": The Onion has this infographic.
Posted at 01:02 PM by Howard Bashman


"Retired Canadian jurists respectfully dissent from Scalia's approach, style": Sean Fine of The Toronto Globe and Mail has this report.

And online at The Ottawa Citizen, law professor Adam Dodek has an essay titled "How Scalia's scathing attacks boosted Canada's Constitution."
Posted at 01:00 PM by Howard Bashman



"After a Rocky Start, Ted Cruz Had Success Before Supreme Court": Adam Liptak and Matt Flegenheimer have this article in today's edition of The New York Times.
Posted at 12:55 PM by Howard Bashman


"Judge Jane Kelly And True Diversity On The Supreme Court": Senior U.S. District Judge Richard G. Kopf (D. Neb.) has this post (with video) online at Mimesis Law.
Posted at 12:46 PM by Howard Bashman


"Erwin Chemerinsky and Rick Hasen on the Passing of Supreme Court Justice Antonin Scalia and the Future of the Supreme Court": You can access this UCI Law Talks podcast via this link.
Posted at 12:40 PM by Howard Bashman


"New Jersey goes back to court to fight for legalized sports gambling": USA Today has an article that begins, "Lawyers representing New Jersey will be back in court Wednesday to make yet another argument that the state should be allowed to offer sports betting at casinos and horse-racing tracks."
Posted at 12:37 PM by Howard Bashman


In today's installment of meals with law bloggers: Breakfast with Josh Blackman at the Down Home Diner.

Lunch on my own, sandwich from Silvio's Deli.

Dinner with Rick Hasen at Buddakan.

Tomorrow, normal, uneventful life resumes (plus a brief's due in the Eighth Circuit).
Posted at 11:30 AM by Howard Bashman



Tuesday, February 16, 2016

"Scalia death phone inquest unusual but not unprecedented": The Associated Press has a report that begins, "A county judge's determination via telephone that Supreme Court Justice Antonin Scalia died of natural causes and required no autopsy was unusual, Texas officials said, but sometimes happens in rural areas of Texas where a county can be bigger than some U.S. states."

And Mark Berman of The Washington Post has an article headlined "Texas judge defends decision not to order autopsy for Justice Scalia."
Posted at 09:52 PM by Howard Bashman



"California's attorney general: No interest in Supreme Court": The Associated Press has this report.

And Phil Willon of The Los Angeles Times has an article headlined "Kamala Harris: 'I do not wish to be considered' for the Supreme Court."
Posted at 09:44 PM by Howard Bashman



"Appeals Court Upholds Sanctions Against TV Streamer; FilmOn flouted an injunction order after the Supreme Court ruled against Aereo": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 09:40 PM by Howard Bashman


"Judge Guido Calabresi: The Future of Law and Economics." You can access via YouTube at this link the video of this recent National Constitution Center event.
Posted at 09:06 PM by Howard Bashman


"What I Learned From Justice Scalia": Justice Joan L. Larsen of the Supreme Court of Michigan has this essay online at The New York Times.
Posted at 08:15 PM by Howard Bashman


"The Next Justice? It's Not Up to Us." Garry Wills has this post at the blog of The New York Review of Books.
Posted at 06:07 PM by Howard Bashman


"Continued thoughts on the next nominee (and impressions of Judge Ketanji Brown Jackson)": Tom Goldstein has this post at "SCOTUSblog."
Posted at 06:05 PM by Howard Bashman


"Judge: Louisiana can't enforce abortion law during appeal." The Associated Press has a report that begins, "A federal judge ruled Tuesday that Louisiana cannot enforce an abortion law while appealing his pretrial order against it."
Posted at 06:02 PM by Howard Bashman


"Scalia's Death Probably Flips Big Cases": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 05:47 PM by Howard Bashman


"What Made Antonin Scalia Great: The U.S. Supreme Court justice was distinguished by the clarity of his constitutional vision -- and his willingness to fight for it." Jeffrey Rosen has this essay online at The Atlantic.
Posted at 05:46 PM by Howard Bashman


"Obama: Will name indisputably qualified nominee for court." The Associated Press has this report.
Posted at 05:40 PM by Howard Bashman


"2 SCOTUS prospects on the bench in D.C." Josh Gerstein of Politico.com has a blog post that begins, "Two judges widely discussed as potential replacements for Justice Antonin Scalia -- D.C. Circuit Judges Sri Srinivasan and Patricia Millett -- took the bench in Washington on Tuesday morning, but during the two-hour court session there was no public mention of Scalia's death or of the speculation about their potential elevation to the Supreme Court."
Posted at 05:06 PM by Howard Bashman


"Scalia's Death Pushes Politically Shy Court Into Partisan Fray": Greg Stohr of Bloomberg News has this report.
Posted at 04:28 PM by Howard Bashman


"Key Senator Says He Might Hold Hearings on Supreme Court Nominee": Jennifer Steinhauer of The New York Times has a news update that begins, "Senator Charles E. Grassley, Republican of Iowa and chairman of the Senate Judiciary Committee, said Tuesday that he had not ruled out holding hearings on President Obama's eventual nominee to replace Justice Antonin Scalia on the Supreme Court.
Posted at 03:44 PM by Howard Bashman


"The Way America Picks Judges Is Stupid And Needs To Change": Ian Millhiser has this post today at ThinkProgress.
Posted at 03:39 PM by Howard Bashman


"Future of sports betting once again at stake in New Jersey": David Purdum of ESPN has this report, which notes that the case -- to be reargued before the en banc U.S. Court of Appeals for the Third Circuit tomorrow in Philadelphia -- is "a high-profile legal battle matching two former U.S. solicitor generals against each other in New Jersey's Ted Olson and the leagues' Paul Clement."

And at his "CA3blog,"Matthew Stiegler has a post titled "A few thoughts on Wednesday's two en banc arguments."
Posted at 03:30 PM by Howard Bashman



"Supreme Court speculation about Kamala Harris shadows Senate bid": Phil Willon of The Los Angeles Times has this report.
Posted at 01:42 PM by Howard Bashman


"How Obama Could Win Supreme Court Battle -- Even If Republicans Take the White House": Ari Melber of NBC News has this report.
Posted at 01:39 PM by Howard Bashman


"Orrin Hatch to Obama: Don't pick me to replace Scalia." Burgess Everett of Politico.com has this report.
Posted at 01:36 PM by Howard Bashman


"Cruz makes his Supreme Court knowledge new focal point": The Associated Press has this report.
Posted at 01:33 PM by Howard Bashman


"Justice Scalia's death and the case for Supreme Court term limits": Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 01:30 PM by Howard Bashman


"Supreme Court Vacancy Gives Clinton, Cruz New Advantages; The fight over replacing Justice Scalia could help them highlight what's at stake in the general election": Margaret Talev, Steven T. Dennis, and Sahil Kapur of Bloomberg News have this report.
Posted at 01:27 PM by Howard Bashman


"For the Supreme Court, nominate a Democratic John Roberts": The Chicago Tribune has this editorial.
Posted at 01:23 PM by Howard Bashman


"How will the Supreme Court deal with a vacancy this term -- and beyond?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:20 PM by Howard Bashman


"Will President Obama's Supreme Court Nominee Be Confirmed?" Rick Hasen has this post today at his "Election Law Blog."
Posted at 01:16 PM by Howard Bashman


"Obama wants to reduce 'meanness'? Justice Scalia's death gives him that chance." Jonah Goldberg has this essay online at The Los Angeles Times.
Posted at 01:09 PM by Howard Bashman


"Justice Scalia Will Lie In Repose At The Supreme Court On Friday": Nina Totenberg of NPR has a report that begins, "The late Justice Antonin Scalia will lie in repose at the Supreme Court on Friday. The funeral will be held at 11 a.m. on Saturday at the Basilica of the National Shrine of the Immaculate Conception in Washington, D.C., according to sources close to the Scalia family."
Posted at 12:58 PM by Howard Bashman


"Obama starts work to pick Supreme Court justice amid political 'bluster'": Reuters has this report.
Posted at 11:16 AM by Howard Bashman


"'You get one shot': How Justice Antonin Scalia viewed the world." Joan Biskupic of Reuters has this essay.
Posted at 11:14 AM by Howard Bashman


"Inside the Supreme Court: Chief Justice John Roberts spoke about the inner workings of the Supreme Court, the confirmation process, leadership and politics." C-SPAN has posted online at this link the video of Chief Justice John G. Roberts, Jr.'s public remarks earlier this month at the New England School of Law.

I previously linked to news coverage of the event in posts you can access here and here.
Posted at 09:45 AM by Howard Bashman



"Reid to GOP: For the good of the country, stop your nakedly partisan obstruction." U.S. Senator Harry Reid (D-NV) has this essay online at The Washington Post.
Posted at 09:38 AM by Howard Bashman


"Antonin Scalia, A Most Memorable Friend": Law professor Richard A. Epstein has this post at the "Defining Ideas" blog of the Hoover Institution.
Posted at 09:36 AM by Howard Bashman


"Cruz skewers Trump's sister in Supreme Court debate": Katie Glueck has this post at Politico.com.
Posted at 09:34 AM by Howard Bashman


"Grassley's judicial nominee view differs from '08": Jason Noble of The Des Moines Register has this report.
Posted at 09:32 AM by Howard Bashman


"Scalia's death boosts legal chances for Obama's climate plan": Lawrence Hurley of Reuters has this report.
Posted at 09:28 AM by Howard Bashman


"Scalia's death could doom McDonnell and hurt Menendez; The Supreme Court tumult increases chances of prison for the ex-Virginia governor, and could complicate the New Jersey senator's trial": Josh Gerstein of Politico.com has this report.
Posted at 09:27 AM by Howard Bashman


Monday, February 15, 2016

"Before Scalia's Death, a Clash Between G.O.P. and Obama Over Appellate Judges": Charlie Savage of The New York Times has an article that begins, "The vow by Senate Republicans to block whomever President Obama nominates to fill the sudden vacancy on the Supreme Court presages a prolonged election year struggle, but the clash is less a new front against the White House than an escalation of a battle that had begun at the appeals court level before Justice Antonin Scalia died."
Posted at 10:02 PM by Howard Bashman


"How to Bring the Supreme Court Back Down to Earth": Emily Bazelon of The New York Times Magazine has a post that begins, "The eight justices on the Supreme Court today all come from the federal appeals courts. (So did Justice Antonin Scalia, who died Saturday.) Only Justice Anthony M. Kennedy, who was a judge in California, served outside the East Coast cities of Boston, New York, Philadelphia and Washington. All eight attended law school at Harvard or Yale. None ever held elected office."

Update: The first line of Bazelon's post has been corrected to reflect that Justice Elena Kagan did not serve as a U.S. Circuit Judge. Of course, Bazelon had that aspect of Justice Kagan's background specifically in mind at an earlier time.
Posted at 09:58 PM by Howard Bashman



"13 Women Who Should Be Considered to Replace Justice Scalia; In the history of the Supreme Court, only four women have served": Jill Filipovic has this post at Cosmopolitan.
Posted at 09:54 PM by Howard Bashman


"More Republicans Say They'll Block Supreme Court Nominee": Michael D. Shear and Jennifer Steinhauer of The New York Times have this report.

Steven Mufson and Juliet Eilperin of The Washington Post report that "Battle over Scalia's replacement already spilling into Senate races."

And Kathleen Hennessey and Mark Sherman of The Associated Press report that "Obama faces political puzzle in naming Scalia successor."
Posted at 09:48 PM by Howard Bashman



"Recalling Scalia, a Literary Stylist Who Scorned 'Jiggery-Pokery'": Jennifer Schuessler will have this article in Tuesday's edition of The New York Times.
Posted at 09:42 PM by Howard Bashman


"Conspiracy theories swirl around the death of Antonin Scalia": Lena H. Sun and Sari Horwitz of The Washington Post have this report.

And Sam Hananel and David Warren of The Associated Press report that "Texas judge disclosed details about Scalia's health."
Posted at 09:38 PM by Howard Bashman



"GOP holdup on court will hurt USA; We cannot allow partisan politics to stop Senate from fulfilling its constitutional duty": U.S. Senator Patrick Leahy (D-VT) has this essay online in USA Today.
Posted at 09:23 PM by Howard Bashman


"The Supreme Court after Scalia": Law professor William Baude has this essay online at The Chicago Tribune.
Posted at 05:28 PM by Howard Bashman


"How Scalia reshaped environmental law": Jeremy P. Jacobs of Greenwire has this report.

And Robin Bravender of Greenwire has an article headlined "Forecast for enviro cases: murky with a chance of deadlocks."
Posted at 05:02 PM by Howard Bashman



"The stalemate over the Supreme Court could get even worse than you think": Paul Waldman has this entry today at "The Plum Line" blog of The Washington Post.
Posted at 04:50 PM by Howard Bashman


"Fight to Name Justice Scalia's Successor to Echo Past Battles; Nomination process has become more contentious over the years": Brent Kendall and Jess Bravin of The Wall Street Journal have this report.

In other coverage from that newspaper, Carol E. Lee and Jess Bravin have an article headlined "Obama's Strategy for Nominating New Justice Will Set Tone for Debate; White House has several options, but each carries risks."

And Brent Kendall reports that "Justice Scalia's Death Presents Election-Year Rarity; Senate has usually confirmed justices in rare cases when vacancy occurs in the final year of an administration."
Posted at 04:39 PM by Howard Bashman



"Supreme Court: What happens in case of a tie?" Richard Wolf of USA Today has this report, along with an article headlined "Here's how Scalia's death affects Supreme Court rulings this year."
Posted at 04:15 PM by Howard Bashman


"What Would Scalia Want in His Successor? A Dissent Offers Clues." Adam Liptak of The New York Times has this report.
Posted at 03:51 PM by Howard Bashman


"Antonin Scalia's Other Legacy: He was often a friend of criminal defendants." Robert Smith has this jurisprudence essay online at Slate.
Posted at 02:18 PM by Howard Bashman


"How Scalia shaped conservative legal theory": This video segment featuring Bryan Garner, Irin Carmon, and Lawrence Lessig appeared yesterday on MSNBC.
Posted at 02:15 PM by Howard Bashman


"The Tragedy of Antonin Scalia: He thought he could remove politics from the Supreme Court, but he only made things worse." Law professor Eric Posner has this jurisprudence essay online at Slate.
Posted at 02:11 PM by Howard Bashman


"How Antonin Scalia Shaped -- and Misshaped -- American Law: The late Supreme Court justice's mixed legacy on liberty and the Constitution." Damon Root has this essay at Reason.com.
Posted at 02:08 PM by Howard Bashman


"Srinivasan, Lynch fit Obama's formula for nominees; In pushing candidates through a reluctant Senate, he has emphasized demographic firsts and cooperation with GOP": Edward-Isaac Dovere of Politico.com has this report.
Posted at 02:04 PM by Howard Bashman


Beef's got a beef with The LA Times: In today's edition of The Los Angeles Times, Molly Hennessy-Fiske has an article headlined "Scalia's last moments on a Texas ranch -- quail hunting to being found in 'perfect repose.'"

According to the article

[Poindexter] sat next to Scalia at a dinner of 'typical ranch fare.' He didn't recall what the justice ate, except that it wasn't steak.
As any fan of Monty Python's "The Meaning of Life" would know, of course it wasn't the steak.
Posted at 02:00 PM by Howard Bashman


From the department of unfortunate timing: On February 13, 2016, USA Today posted online correspondent Richard Wolf's article -- written before late in the afternoon on that date -- titled "Court icons Scalia and Ginsburg: Together at the peak."
Posted at 01:50 PM by Howard Bashman


"10 Tiebreakers The Supreme Court Should Use To Settle 4-4 Splits: Drinking games, outsourcing, and hand-to-hand combat." Aaron Nemo has this entry online at The Huffington Post.
Posted at 01:40 PM by Howard Bashman


"Immigration at the high court: The coming decision." In yesterday's edition of The Philadelphia Inquirer, law professor Josh Blackman had this op-ed -- written before Justice Antonin Scalia passed away.

Tomorrow evening, Blackman will be participating in a debate program titled "Has the President Gone Too Far on Immigration?" at the National Constitution Center in Philadelphia.
Posted at 01:34 PM by Howard Bashman



"Could an Iowan soon sit on the nation's highest court?" Ryan Koopmans has this post today at "On Brief: Iowa's Appellate Blog."
Posted at 01:30 PM by Howard Bashman


"The Scalia I Knew Will Be Greatly Missed": Law professor Cass R. Sunstein has this essay online at Bloomberg View.
Posted at 01:28 PM by Howard Bashman


"Scalia's greatest strength, his steadfastness, was also his greatest weakness; He changed the Court more than the Court changed him": Law professor Jonathan Turley has this essay online at The Washington Post.

An online at USA Today, Turley has an essay titled "Obama should act with restraint on court; A recess appointment to fill the Scalia vacancy would cement the president's troubling legacy of going it alone."
Posted at 01:24 PM by Howard Bashman



"In search for Scalia's successor, Obama may see GOP opposition as incentive to select a liberal": David G. Savage and David Lauter have this front page article in today's edition of The Los Angeles Times.
Posted at 01:12 PM by Howard Bashman


"Journalist Joan Biskupic to talk about 25 years of covering the Supreme Court": YaleNews has this report about an event scheduled to occur tomorrow in New Haven, Connecticut. Here's hoping that video of the event will be available online at some point.
Posted at 11:45 AM by Howard Bashman


"This is a job for Chief Justice Roberts, judicial statesman": Steve Klepper has this post today at the "Maryland Appellate Blog."
Posted at 11:43 AM by Howard Bashman


"Scalia will be impossible to replace": Ilya Shapiro has this essay today at CNN.com.
Posted at 10:52 AM by Howard Bashman


"Supreme Court's secrecy: no cameras in the courtroom." CNN has posted this video clip online featuring Steven Brill, Floyd Abrams, and Jeffrey Toobin.
Posted at 10:50 AM by Howard Bashman


"Campaign Spending, Death Penalty in Play With High Court Opening": Greg Stohr of Bloomberg News has this report.

And Mike Dorning of Bloomberg News reports that "Obama Faces War Over Court Pick, Whether Pragmatic or Partisan."
Posted at 10:18 AM by Howard Bashman



"Scalia's Absence Is Likely to Alter Court's Major Decisions This Term": Adam Liptak has this front page article in today's edition of The New York Times.
Posted at 10:15 AM by Howard Bashman


"Postscript: Antonin Scalia, 1936-2016." Margaret Talbot has this post online at The New Yorker. Her profile of Justice Scalia, headlined "Supreme Confidence: The jurisprudence of Justice Antonin Scalia," appeared in the March 28, 2005 issue of that magazine.

Also online at The New Yorker, Evan Osnos has a post titled "The Death of Antonin Scalia."

And John Cassidy has a post titled "Will the G.O.P. Response to Antonin Scalia's Death Hand the Election to the Democrats?"

I previously linked to Jeffrey Toobin's post titled "How Scalia Changed the Supreme Court."
Posted at 10:08 AM by Howard Bashman



"A Special Joint Political Gabfest and Amicus on Antonin Scalia's Death": Last night, Slate posted online this new Amicus podcast featuring Emily Bazelon, Dahlia Lithwick, and David Plotz.
Posted at 10:02 AM by Howard Bashman


"Antonin Scalia: A Consequential but Not a Great Justice." Kenneth Jost had this post yesterday at his blog, "Jost on Justice," along with a post titled "'Lame Duck' Nominees Often Confirmed to High Court."
Posted at 10:00 AM by Howard Bashman


"What Happens to Justice Scalia's Clerks?" Sara Randazzo had this post yesterday at WSJ.com's "Law Blog."
Posted at 09:54 AM by Howard Bashman


You can follow "How Appealing" on Twitter: Via this link. Since Saturday afternoon, this blog has acquired quite a few new Twitter followers, but there's always room for more.
Posted at 09:50 AM by Howard Bashman


"Scalia's lasting impact on the Supreme Court": Law professor William Kelley has this essay at CNBC.com.
Posted at 09:46 AM by Howard Bashman


"The battle over replacing Justice Scalia is just the start of a war over the Supreme Court": Richard L. Hasen has this entry today at The Washington Post's "Wonkblog."
Posted at 09:44 AM by Howard Bashman


"The Framers Made the Appointment Process Explicitly Political; Justice Scalia's 2014 opinion explains the rancorous battle to replace him": Josh Blackman has this essay online today at National Review.
Posted at 09:42 AM by Howard Bashman


"Iowa Supreme Court to hold evening argument in case involving the death of a rock star and the constitutional rights of the unborn": Rox Laird has this post today at "On Brief: Iowa's Appellate Blog."

That blog today also has a related post titled "Rox Laird, veteran Iowa courts commentator, joins On Brief."
Posted at 09:36 AM by Howard Bashman



Sunday, February 14, 2016

"Antonin Scalia Was Democracy's Legal Champion; He changed the way judges looked at text and law, and he was the best writer the Supreme Court has ever known": Law professor Michael W. McConnell has this essay online at The Wall Street Journal. You can freely access the full text of the essay via Google.
Posted at 11:34 PM by Howard Bashman


Two SCOTUS vacancy-related pieces that I have yet to see written: (1) Who will fill the void created by the absence of Justice Antonin Scalia's questioning at oral argument?

and

(2) Does the refusal of Justice Ruth Bader Ginsburg -- widely regarded as the most liberal justice on the U.S. Supreme Court -- to time her departure from the Court to ensure replacement by a Democratic president furnish any persuasive arguments against the promised Republican obstruction of whomever President Obama decides to nominate to fill the Court's current vacancy?
Posted at 10:55 PM by Howard Bashman



"Scalia's death flips Supreme Court dynamics, hurts conservative hopes": Robert Barnes of The Washington Post has this report.
Posted at 10:46 PM by Howard Bashman


"Supreme Court nomination process sure to be an epic debate": Juliet Eilperin and Paul Kane of The Washington Post have this report.
Posted at 10:45 PM by Howard Bashman


"Justice Scalia and the Libertarian Legal Movement: Libertarians disagreed with Scalia on many issues, but they also have to give him credit." Ilya Shapiro has this essay at Reason.com.
Posted at 10:17 PM by Howard Bashman


"The Impact of Justice Scalia's Absence on Pending Cases": Josh Blackman has this blog post today.
Posted at 10:15 PM by Howard Bashman


"The GOP's dangerously dogmatic Supreme Court obstructionism": Columnist Ruth Marcus has this essay online at The Washington Post.
Posted at 10:12 PM by Howard Bashman


"Potential Nominees Obama May Consider to Fill Antonin Scalia's Seat": Charlie Savage of The New York Times has this report.
Posted at 10:09 PM by Howard Bashman


"The Supreme Court After Justice Scalia": This editorial will appear in Monday's edition of The New York Times.
Posted at 10:08 PM by Howard Bashman


"Scalia's Grave-Dancers Deserve a Harsh Verdict": Law professor Stephen L. Carter has this essay online at Bloomberg View.
Posted at 10:06 PM by Howard Bashman


"Liberal Love for Antonin Scalia": Law professor Jamal Greene has this essay online at The New York Times.
Posted at 09:55 PM by Howard Bashman


"Scalia spent his last day relaxed at a storied Texas ranch steeped in Southwest history": Molly Hennessy-Fiske of The Los Angeles Times has this report.
Posted at 09:42 PM by Howard Bashman


"Tie Votes in the Supreme Court": Law professor Justin R. Pidot has posted this article online at SSRN.
Posted at 09:37 PM by Howard Bashman


"Could Obama Bypass the Senate with a Supreme Court Recess Appointment?" John Fund has this essay online at National Review.
Posted at 09:34 PM by Howard Bashman


"Cibolo Creek Ranch owner recalls Scalia's last hours in Texas": John MacCormack of The San Antonio Express-News has this report.
Posted at 09:08 PM by Howard Bashman


"Indian-American judge who could replace Scalia worked on controversial cases for business": Lawrence Hurley of Reuters has this report.
Posted at 09:02 PM by Howard Bashman


"How the politics of the next nomination will play out": Tom Goldstein has this updated post at "SCOTUSblog."
Posted at 08:50 PM by Howard Bashman


"How Scalia's Death Could Shake Up Campaign Finance: It might be the opening reformers have been waiting for." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online at Politico Magazine.

As Rick notes in this blog post, he will be visiting Philadelphia this week in connection with his new book, and I am looking forward to seeing him while he is in town.
Posted at 07:48 PM by Howard Bashman



"What made the friendship between Scalia and Ginsburg work: The answer is worth considering as partisan lines sharpen in the wake of Justice Scalia's death." Irin Carmon has this essay online at The Washington Post.
Posted at 07:42 PM by Howard Bashman


"Justice Scalia And Me: A Love Story." David Lat has this post today at "Above the Law."
Posted at 07:40 PM by Howard Bashman


"Why Liberals Loved to Hate Antonin Scalia: He presented cruel, demeaning views in thought-provoking and stirring ways." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 07:38 PM by Howard Bashman


"Dallas barber, co-author remember Scalia": Bradley Blackburn of ABC affiliate WFAA in Dallas, Texas has this report.
Posted at 07:36 PM by Howard Bashman


"The death of Antonin Scalia: Chaos, confusion and conflicting reports." Lana Straub, Eva Ruth Moravec, Sari Horwitz, and Jerry Markon of The Washington Post have an article that begins, "Inside the cloistered chambers of the Supreme Court, Justice Antonin Scalia's days were highly regulated and predictable. He met with clerks, wrote opinions and appeared for arguments in the august courtroom on a schedule set months in advance."
Posted at 05:42 PM by Howard Bashman


"Justice Antonin Scalia and the 'Dead' Constitution": Bruce Allen Murphy has this essay online at The New York Times.
Posted at 03:28 PM by Howard Bashman


"Ranch Owner Recalls Finding Justice Antonin Scalia's Body": Alan Blinder of The New York Times has this report.
Posted at 03:27 PM by Howard Bashman


"Scalia's death means loss of key vote in divided cases": Mark Sherman of The Associated Press has this report.

And in related coverage, The AP reports that "Scalia's body at Texas funeral home after 3-hour procession."
Posted at 03:24 PM by Howard Bashman



"In Praise Of Scalia": Ian Millhiser has this post today at ThinkProgress.
Posted at 03:18 PM by Howard Bashman


"Commentary: Scalia in history -- a first draft." Lyle Denniston has this post at "SCOTUSblog."
Posted at 02:18 PM by Howard Bashman


"Scalia's death to be ruled a heart attack": Jason Whitely of ABC affiliate WFAA in Dallas, Texas has this report.
Posted at 02:15 PM by Howard Bashman


"Statements from the Supreme Court on the death of Justice Scalia": USA Today has this report.
Posted at 02:08 PM by Howard Bashman


"Former Kansan potential nominee for Supreme Court": Tim Carpenter has this front page article in today's edition of The Topeka Capital-Journal.
Posted at 11:25 AM by Howard Bashman


"Kansas Supreme Court justices face anger ahead of retention elections later this year; Removing justices difficult, but prospect of ouster still looms in wake of controversial rulings": Jonathan Shorman has this front page article in today's edition of The Topeka Capital-Journal.
Posted at 11:22 AM by Howard Bashman


"Time runs out -- again -- for McAuliffe's Supreme Court pick": Laura Vozzella of The Washington Post has this report.
Posted at 11:18 AM by Howard Bashman


"The GOP's Supreme Court Gamble: By refusing a moderate Scalia replacement now, Republicans risk getting stuck with a true liberal later." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 11:14 AM by Howard Bashman


"Scalia's Absence Shifts Dynamics of Supreme Court; Evenly divided court could affect outcome of cases involving abortion, immigration and religious freedom": Brent Kendall of The Wall Street Journal has this report. You can freely access the full text of the article via Google.
Posted at 11:10 AM by Howard Bashman


"Obama's Supreme Court short list: The president has a chance to make a big statement with his pick to replace Scalia." Josh Gerstein of Politico.com has this report.

And online at Slate, Dahlia Lithwick has a jurisprudence essay titled "Obama's Supreme Court Shortlist: It would be ridiculous for Republicans to oppose these perfectly qualified candidates."
Posted at 11:07 AM by Howard Bashman



"Advice to Obama: Make a Boring Supreme Court Pick." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:02 AM by Howard Bashman


"Justice Antonin Scalia dies near Marfa": Aaron Martinez, Luis Carlos Lopez, and Ramon Renteria of The El Paso Times have this report.
Posted at 11:00 AM by Howard Bashman


"The Fight Over Scalia's Replacement Will Make The Supreme Court Bigger Than Ever; Justice Antonin Scalia's death will elevate the role of the Supreme Court in an unprecedented way; That likely would both alarm -- and please -- the conservative firebrand": Chris Geidner of BuzzFeed News has this report.
Posted at 10:45 AM by Howard Bashman


"Why the Court Will Lean Left Even Without a Scalia Replacement": Law professor Richard Primus has this essay online at Politico Magazine.
Posted at 10:42 AM by Howard Bashman


"Is a recess appointment to the Court an option?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:40 AM by Howard Bashman


"Mitch McConnell Voted To Confirm A Supreme Court Justice In Reagan's Final Year; So did every single Republican senator": Jennifer Bendery of The Huffington Post has this report.
Posted at 10:38 AM by Howard Bashman


"Ninth Circuit Judge Paul Watford is the most likely nominee to replace Antonin Scalia": Tom Goldstein has this post at "SCOTUSblog."
Posted at 10:36 AM by Howard Bashman


"How Scalia Changed the Supreme Court": Jeffrey Toobin has this post online at The New Yorker.
Posted at 10:30 AM by Howard Bashman


Saturday, February 13, 2016

"Antonin Scalia, Conservative Legal Giant": Columnist Ross Douthat has this essay online at The New York Times.

And online at The New York Times Magazine, Emily Bazelon has an essay titled "Scalia's Supreme Court Seat and the Next Frontier in Political Hardball."
Posted at 11:38 PM by Howard Bashman



"Asian-American judges among Obama's options as he seeks to replace Scalia": Lawrence Hurley of Reuters has this report.
Posted at 10:22 PM by Howard Bashman


"Justice Scalia's Outsized Legacy: A passionate, complex conservative, Scalia forever changed how Americans think about original intent; Both liberals and conservatives now play by Scalia's rules." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 10:14 PM by Howard Bashman


"Justice Scalia Came Close to Greatness": Online at Bloomberg View, law professor Noah Feldman has an essay that begins, "Antonin Scalia will go down as one of the greatest justices in U.S. Supreme Court history -- and one of the worst."
Posted at 10:10 PM by Howard Bashman


"What Made Antonin Scalia a Great Writer: The novelty of his language, his use of metaphor, and his wicked sense of humor." Yury Kapgan has this jurisprudence essay online at Slate.
Posted at 10:06 PM by Howard Bashman


"Antonin Scalia Brought the Court to Him: His transformational tenure made originalism the rule by which every justice had to live." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:05 PM by Howard Bashman


"Antonin Scalia Will Be Remembered as One of the Greats: Future Americans will view him as one of the greatest Supreme Court justices rather than an arch-conservative." Mark Joseph Stern has this jurisprudence essay online at Slate, along with a jurisprudence essay titled "Scalia's Liberal Streak: The conservative justice's most brilliant -- and surprisingly progressive -- moments on the bench."
Posted at 10:04 PM by Howard Bashman


"Obama to Nominate Scalia Replacement Over Republicans' Objections": Mark Landler of The New York Times has this report.
Posted at 09:56 PM by Howard Bashman


"Battle Begins Over Naming Next Justice": Peter Baker of The New York Times has this news analysis.

And the newspaper has also published an editorial titled "Justice Antonin Scalia's Supreme Court Legacy."
Posted at 09:30 PM by Howard Bashman



"Scalia's death set to affect court's rulings in current term": Lawrence Hurley of Reuters has this report.
Posted at 09:23 PM by Howard Bashman


"Scalia's Death Undercuts Conservative Hopes on Unions, Abortion": Greg Stohr of Bloomberg News has this report.

And The Associated Press reports that "Scalia death sparks election-year fight over filling vacancy."
Posted at 08:59 PM by Howard Bashman



"Justice Antonin Scalia dead at 79": Mark Sherman of The Associated Press has this report.
Posted at 08:53 PM by Howard Bashman


"Supreme Court Justice Antonin Scalia Dies At 79; Control of the nation's top court now hangs in the balance": Sam Levine of The Huffington Post has this report.

And Karen Tumulty of The Washington Post reports that "Justice Scalia's death increases urgency of social issues in 2016 race."
Posted at 08:50 PM by Howard Bashman



"Antonin Scalia, Supreme Court justice, dies at 79": Jamie Gangel, Ariane de Vogue, Evan Perez, and Kevin Bohn of CNN.com have this report.

Stephen Collinson of CNN.com reports that "Justice Antonin Scalia's death quickly sparks political battle."

And law professor Richard Lazarus has an essay titled "How Justice Scalia transformed court" at CNN.com.
Posted at 08:44 PM by Howard Bashman



"McConnell: Next president should choose Scalia's successor." Curtis Tate of McClatchy DC has this report.
Posted at 08:35 PM by Howard Bashman


"Supreme Court Justice Antonin Scalia Dead at 79; Reagan appointee was conservative fixture during three decades on the high court": Jess Bravin of The Wall Street Journal has this report. You can freely access the full text of the article via Google.
Posted at 08:30 PM by Howard Bashman


"Nominations to Supreme Court in Election Year with Divided and Unified Governments": Josh Blackman has this post at his blog.
Posted at 08:25 PM by Howard Bashman


"Justice Scalia's Death and Implications for the 2016 Election, the Supreme Court and the Nation": Rick Hasen has this post at his "Election Law Blog."
Posted at 08:16 PM by Howard Bashman


"Antonin Scalia, Conservative High Court Justice, Dies at 79": Greg Stohr of Bloomberg News has this report.
Posted at 08:14 PM by Howard Bashman


"U.S. Justice Scalia, conservative icon, dead at 79": Joan Biskupic and Lawrence Hurley of Reuters have this report.
Posted at 08:12 PM by Howard Bashman


"The Simply Breathtaking Consequences Of Justice Scalia's Death": Ian Millhiser has this post at ThinkProgress.
Posted at 08:09 PM by Howard Bashman


"Judiciary panel chair: Wait on Court until after election." Lyle Denniston has this post at "SCOTUSblog."

And Tom Goldstein has a post titled "What happens to this Term's close cases?"
Posted at 08:06 PM by Howard Bashman



"Scalia's death plunges court, national politics into turmoil": Robert Barnes of The Washington Post has this report.
Posted at 08:02 PM by Howard Bashman


"Supreme Court Justice Antonin Scalia dies at 79": Robert Barnes of The Washington Post has this report.

And Josh Gerstein of Politico.com reports that "Supreme Court Justice Antonin Scalia dead at 79; Obama is expected to face fierce resistance to any nominee to replace the conservative justice."
Posted at 05:50 PM by Howard Bashman



"First reactions on the passing of Justice Scalia": Tom Goldstein has this post at "SCOTUSblog."
Posted at 05:45 PM by Howard Bashman


"Justice Antonin Scalia, Who Led a Conservative Renaissance on the Supreme Court, Is Dead at 79": Adam Liptak of The New York Times has this report.

Nina Totenberg of NPR reports that "Justice Antonin Scalia, Known For Biting Dissents, Dies At 79."

And The Hill reports that "Justice Antonin Scalia dead."
Posted at 05:40 PM by Howard Bashman



"Supreme Court Justice Antonin Scalia has died": David G. Savage of The Los Angeles Times has this report.

Susan Page and Richard Wolf of USA Today report that "Justice Scalia found dead at Texas ranch."

The Associated Press reports that "US Marshall's Service confirms that Supreme Court Justice Antonin Scalia is dead at 79."

And Chris Geidner and David Mack of BuzzFeed News report that "Supreme Court Justice Antonin Scalia Has Died; The conservative figure was the current court's longest serving justice."
Posted at 05:30 PM by Howard Bashman



BREAKING NEWS -- "Senior U.S. Supreme Court Associate Justice Antonin Scalia found dead at West Texas ranch": Gary Martin of The San Antonio Express-News has this report.

Julie Fancher of The Dallas Morning News has a blog post titled "Supreme Court Justice Antonin Scalia reported dead."

Martin Pengelly and Ben Jacobs of The Guardian (UK) report that "Supreme court justice Antonin Scalia dies at 79; Texas governor confirms supreme court justice found dead at ranch; Local reports say Scalia died at ranch after day's hunting."
Posted at 05:17 PM by Howard Bashman



"Uber's First Amendment Argument": Erica Goldberg has this post at her "In A Crowded Theater" blog.
Posted at 03:44 PM by Howard Bashman


"Pee-wee's Big Comeback: After disappearing for nearly three decades, Paul Reubens's subversive alter ego returns -- and seems more radical than ever." Jonah Weiner has this article in tomorrow's edition of The New York Times Magazine.

This blog's earlier related coverage can be accessed here and here.
Posted at 03:38 PM by Howard Bashman



"'Notorious RBG': A conversation with US Supreme Court Justice Ruth Bader Ginsburg." Earlier this month, the European University Institute posted this video online at YouTube, along with a separate video titled "EUI Interviews: Justice Ruth Bader Ginsburg on women's rights today."
Posted at 03:14 PM by Howard Bashman


"Constitutional history shows Cruz ineligible for White House": Sol Wachtler has this essay online at Newsday.
Posted at 03:05 PM by Howard Bashman


"Justice Sotomayor Says 'There Is a Place, I Think, for Jury Nullification'; The former 2nd Circuit judge suggests that court was wrong to categorically reject a jury's right to acquit a guilty defendant": Jacob Sullum has this post at Reason.com's "Hit & Run" blog.
Posted at 02:57 PM by Howard Bashman


"Judge's legacy will live on in Oklahoma City's federal courthouse": Kyle Schwab of The Oklahoman has an article that begins, "Gentry Holloway said she feels blessed knowing that her father's legacy as an appellate judge will live on by having the Oklahoma City federal courthouse named after him."
Posted at 02:53 PM by Howard Bashman


Friday, February 12, 2016

"10 years after, Supreme Court Justice Samuel Alito makes his case": Richard Wolf of USA Today has this report.
Posted at 08:47 PM by Howard Bashman


"Constitution Check: Will a Sanders 'political revolution' overthrow Citizens United?" Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:54 PM by Howard Bashman


"Kane gets 2 weeks to give ethics board Justice Eakin emails": The Associated Press has this report.
Posted at 01:50 PM by Howard Bashman


"Judge SLAPPs down defamation suit filed by Larry Klayman and 9/11 ally": Michael Doyle of McClatchy Washington Bureau had this article back in April 2014.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued this opinion affirming on other grounds the lawsuit's dismissal.
Posted at 01:46 PM by Howard Bashman



"Lexmark Wins Closely-Watched Patent Case on Refurbished Products": Susan Decker of Bloomberg News has this report.

And Reuters reports that "Printer maker Lexmark wins patent case against cartridge reseller."

You can access today's en banc ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 01:34 PM by Howard Bashman



Thursday, February 11, 2016

"2016 Henry J. Miller Lecture: Supreme Court Transparency." The video of today's luncheon program from the Georgia State University Law Review's symposium titled "Invisible Justices: Supreme Court Transparency in the Age of Social Media" can be viewed via this link.
Posted at 11:23 PM by Howard Bashman


"Obama appoints Judge Abdul Kallon to 11th Circuit": Mary Troyan of The Montgomery Advertiser has this report.
Posted at 08:52 PM by Howard Bashman


"Judicial board wants all of Eakin's troublesome emails": Mark Fazlollah of The Philadelphia Inquirer has this report.
Posted at 08:50 PM by Howard Bashman


"Obama nominates judge Abdul Kallon for U.S. 11th Circuit Court of Appeals": Kent Faulk of The Birmingham News has this report.
Posted at 07:20 PM by Howard Bashman


"President Obama Nominates Judge Abdul K. Kallon to Serve on the United States Court of Appeals": The White House has issued a news release that begins, "Today, President Obama nominated Judge Abdul K. Kallon to serve on the United States Court of Appeals for the Eleventh Circuit."

The nominee currently serves as a U.S. District Judge for the Northern District of Alabama.
Posted at 05:37 PM by Howard Bashman



"A Conversation with Associate Justice Sonia Sotomayor": NYU School of Law has posted this video online at YouTube.
Posted at 04:00 PM by Howard Bashman


"Why Constitutional Conservatives Should Embrace Judicial Engagement": Evan Bernick has this blog entry today at The Huffington Post.
Posted at 03:48 PM by Howard Bashman


"Decades of high court decisions may have been decided in N.H." Madison Gesiotto has this essay online at The Washington Times.
Posted at 01:30 PM by Howard Bashman


"6th Circuit Rejects Challenge to Ohio Law Keeping Partisan Information of Judicial Candidates Off Ballot": Rick Hasen has this post at his "Election Law Blog" about a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 01:23 PM by Howard Bashman


"It's time to break the teeth-whitening monopoly": Online at The Washington Post, columnist George F. Will has an essay that begins, "It is frequently said that, unfortunately, Americans disdain government. It is more usefully said that, unfortunately, they have abundant reasons for doing so. In coming days, the Supreme Court, by deciding to hear a case from Connecticut, can begin limiting a contemptible government abuse that the court's passive deference to legislatures has encouraged."
Posted at 01:20 PM by Howard Bashman


"Texas Attorney General To Be Grilled Over Religious Liberty Advice; Critics contend that opinion regarding objections to Obergefell was unethical": Mark Pulliam has this post at National Review's "Bench Memos" blog.
Posted at 01:15 PM by Howard Bashman


"Supreme Court finds school funding inequitable; Latest chapter in long and winding Gannon lawsuit sets summer deadline for Legislature": Celia Llopis-Jepsen of The Topeka Capital-Journal has this report. In addition, Jonathan Shorman of that newspaper reports that "Ruling threatens to dash hopes of short legislative session; Republicans digesting ruling; Democrats decry 'reckless' policies."

Edward M. Eveld of The Kansas City Star reports that "Kansas Supreme Court gives state until June 30 to properly fund public schools."

And The Associated Press reports that "Kansas Supreme Court invalidates school funding law."

You can access today's per curiam ruling of the Supreme Court of Kansas at this link.
Posted at 01:14 PM by Howard Bashman



"Democrat bolts party to break impasse in Va. court fight but quickly reneges": Laura Vozzella and Jenna Portnoy of The Washington Post have an article that begins, "Republicans briefly broke an impasse in a long-running Virginia Supreme Court battle on Tuesday when a Democratic lawmaker split with her party -- but the victory was short-lived."

Jim Nolan of The Richmond Times-Dispatch reports that "McAuliffe gets Lucas to flip back and support Roush."

And Travis Fain of The Daily Press of Newport News, Virgina has an article headlined "Full flip: Dem Lucas cuts GOP deal on judges, backs out after meeting with McAuliffe."
Posted at 08:30 AM by Howard Bashman



"Pa. courts scramble to catch up to juvenile-lifers decision": Samantha Melamed has this front page article in today's edition of The Philadelphia Inquirer.
Posted at 08:22 AM by Howard Bashman


Wednesday, February 10, 2016

"Pennsylvania to Start Impeachment Proceedings for Attorney General": Sheryl Gay Stolberg will have this article in Thursday's edition of The New York Times.
Posted at 11:42 PM by Howard Bashman


"Appeals court overturns decision to halt executions in Mississippi": Reuters has this report.

And The Associated Press reports that "Appeals court tosses order blocking Mississippi executions."

You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 11:23 PM by Howard Bashman



"Invisible Justices: Supreme Court Transparency in the Age of Social Media." The Georgia State University Law Review will host this symposium tomorrow (the agenda can be accessed here) featuring a stellar cast of participants.

The event will be live-streamed via this link once it gets underway tomorrow.
Posted at 10:23 PM by Howard Bashman



Access online the contents of the February 2016 issue of the Harvard Law Review: Via this link.
Posted at 10:15 PM by Howard Bashman


"Pregnancy Clinics Fight for Right to Deny Abortion Information": Erik Eckholm of The New York Times has this report.
Posted at 09:22 PM by Howard Bashman


"How Challengers Obtained the Stay that Put US EPA's Clean Carbon Plan on Hold": Geoffrey Barnes and Danelle Gagliardi have this post today at the blog "frESH: Perspectives on Environmental, Safety & Health."
Posted at 09:02 PM by Howard Bashman


"Justices Turn Power-Plant Case Into a Charade": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:02 PM by Howard Bashman


"Obama climate plan's broad scope to face skeptical Supreme Court": Lawrence Hurley of Reuters has this report.
Posted at 07:58 PM by Howard Bashman


"Three Supreme Court Justices Face Challenges": Jordan Rudner of The Texas Tribune has this report.
Posted at 07:55 PM by Howard Bashman


"American Bar Association Wants Cameras Inside Supreme Court": At WSJ.com's "Law Blog," Jacob Gershman has a post that begins, "A new voice has joined the ranks of those pushing the Supreme Court to allow cameras into its courtroom: the American legal establishment."
Posted at 07:53 PM by Howard Bashman


"Supreme Court's Blow to Emissions Efforts May Imperil Paris Climate Accord": Coral Davenport of The New York Times has this report.
Posted at 07:38 PM by Howard Bashman


"Dechert snags top partner from Buchanan Ingersoll": Jeff Blumenthal of the Philadelphia Business Journal has this report, in which I am mentioned. Congratulations to my former colleague Steve Bizar, who is the subject of the article.
Posted at 07:33 PM by Howard Bashman


"Obama v. Supreme Court: The court's stay of a climate-change rule leaves the president's environmental legacy in limbo until after he leaves office." Josh Gerstein of Politico.com has this report.
Posted at 06:22 PM by Howard Bashman


"EPA Losses Shed Light on Supreme Court's Blocking of Carbon Rule": Jess Bravin and Brent Kendall have this blog post today at WSJ.com's "Law Blog."
Posted at 05:02 PM by Howard Bashman


"Have justices opened gates for agency challenges?" Robin Bravender of Greenwire has this report today.
Posted at 04:58 PM by Howard Bashman


"Does the Chief Justice Make Partisan Appointments to Special Courts and Panels?" Maxwell Palmer has this article (available online in HTML and PDF) in the March 2016 issue of the Journal of Empirical Legal Studies.
Posted at 04:55 PM by Howard Bashman


What's the original intent of that haircut? NBC 5 News of Dallas/Fort Worth has this video report (via Jess Bravin).
Posted at 04:50 PM by Howard Bashman


"Will Supreme Court Make America(n Samoa) Great Again?" Kimberly Robinson of Bloomberg BNA has this blog post today.
Posted at 04:22 PM by Howard Bashman


"New test on racial issue in redistricting": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 04:16 PM by Howard Bashman


"Texas abortion providers launch campaign to keep clinics open": Reuters has an article that begins, "As the U.S. Supreme Court prepares to decide the legality of strict Texas abortion restrictions, women's healthcare providers have launched a campaign across the state trying to win support to keep their clinics open."
Posted at 03:42 PM by Howard Bashman


"12th Cir. on Horizon? Breaking Up 9th Cir. Hard to Do." Patrick Gregory of Bloomberg BNA has this report today.
Posted at 03:38 PM by Howard Bashman


"Pa. Senate effort to remove AG Kane fails": Karen Langley of The Pittsburgh Post-Gazette has this news update.

Angela Couloumbis and Craig R. McCoy of The Philadelphia Inquirer have a news update headlined "State Senate rejects removal of Kane."

Brad Bumsted of The Pittsburgh Tribune-Review has a news update headlined "Senate vote fails, 29-19, on removing Kane as attorney general."

And Steve Esack of The Morning Call of Allentown, Pennsylvania reports that "Senate votes not to remove Kathleen Kane from office."
Posted at 03:34 PM by Howard Bashman



"Court stands by decision overturning cleric's conviction": Jeremy Roebuck of The Philadelphia Inquirer has a news update that begins, "A state appellate court on Wednesday refused to reconsider its decision last year to overturn what had been the first conviction nationwide of a Roman Catholic Church official for covering up child sex abuse by priests."
Posted at 03:28 PM by Howard Bashman


"Constitution Check: Should gun control laws have to pass the toughest constitutional test?" Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:57 AM by Howard Bashman


Tuesday, February 9, 2016

"The new (and much improved) 'Bluebook' caught in the copyright cross-hairs": David Post has this blog entry today at "The Volokh Conspiracy."
Posted at 11:06 PM by Howard Bashman


"The mind-bending international comity debate in RJR RICO case at SCOTUS": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 11:04 PM by Howard Bashman


"Supreme Court Deals Blow to Obama's Efforts to Regulate Coal Emissions": Adam Liptak and Coral Davenport of The New York Times have this report.

Robert Barnes and Steven Mufson of The Washington Post report that "Supreme Court freezes Obama plan to limit carbon emissions."

David G. Savage of The Los Angeles Times reports that "Supreme Court deals blow to Obama by putting his climate change rules on hold."

Brent Kendall and Amy Harder of The Wall Street Journal report that "Supreme Court Puts EPA Carbon Rule on Hold During Litigation; Decision is setback for Obama's climate agenda."

Richard Wolf of USA Today reports that "Supreme Court blocks Obama's climate change plan."

Curtis Tate of McClatchyDC reports that "Supreme Court puts brakes on EPA plan to cut emissions."

Stephen Dinan of The Washington Times reports that "Supreme Court halts Obama carbon emissions rule."

Lawrence Hurley and Valerie Volcovici of Reuters report that "Supreme Court blocks Obama carbon emissions plan."

Greg Stohr and Jennifer A Dlouhy of Bloomberg News report that "Obama's Clean-Power Plan Put on Hold by U.S. Supreme Court."

The Associated Press reports that "Supreme Court puts Obama's Clean Power Plan on hold."

And at "SCOTUSblog," Lyle Denniston has a post titled "Carbon pollution controls put on hold."

You can access one of the U.S. Supreme Court's five stay orders issued today in this matter at this link.
Posted at 10:48 PM by Howard Bashman



"Justice Eakin's trial over Porngate emails scheduled for March 29 in Philly": Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this report.

And Mark Fazlollah and Craig R. McCoy of The Philadelphia Inquirer have an article headlined "Judicial ethics board: Kane failed to comply with Eakin email subpoena."
Posted at 10:32 PM by Howard Bashman



"What Would Founders Say About Assault Weapons?" Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 09:55 PM by Howard Bashman


"Ted Cruz Won't Prevent the Next John Roberts: He promises that his hypothetical Supreme Court nominees would never go soft; Not likely." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:52 PM by Howard Bashman


"Supreme Court Justice Sotomayor Returns to NYU": Washington Square News, the student newspaper of New York University, has this report.
Posted at 08:25 AM by Howard Bashman


"How Much Care Do Presidents Have to Take? In United States v. Texas, the Supreme Court has put forth a question on the definition of the take-care clause, which in the past been difficult to decipher." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 08:22 AM by Howard Bashman


Monday, February 8, 2016

"Lawyer in Eakin case says deal unlikely": Mark Fazlollah and Craig R. McCoy of The Philadelphia Inquirer have an article that begins, "Richard A. Sprague, the prominent Philadelphia lawyer serving as mediator in the judicial misconduct case against state Supreme Court Justice J. Michael Eakin, suggested Monday that he was unlikely to succeed in brokering a deal to resolve the charges without a trial."

And Dave Davies of NewsWorks has a blog post titled "Porngate: Old boys network to the rescue."
Posted at 10:52 PM by Howard Bashman



"James Madison Would've Backed Phoenix's Satanists": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 10:22 PM by Howard Bashman


"Legal scholars debate Cruz's eligibility to serve as president": Harvard Law Today has this report.

A video of the entire debate is now available online at YouTube via this link.
Posted at 06:12 PM by Howard Bashman



"Ted Cruz Is Not Eligible to Be President: At least according to the most plausible constitutional interpretation." Law professor Eric Posner has this essay online at Slate today.
Posted at 04:55 PM by Howard Bashman


"From death row to parole? Killer could apply." Andrew Wolfson has this front page article in today's edition of The Louisville Courier-Journal.
Posted at 01:40 PM by Howard Bashman


"The NRA Just Scored One Of Its Biggest Victories In Years": Ian Millhiser has this post today at ThinkProgress.
Posted at 01:37 PM by Howard Bashman


"Kloppenburg, Donald release ads in Supreme Court race": Patrick Marley of The Milwaukee Journal Sentinel has a blog post that begins, "In the final days before a three-way primary for state Supreme Court primary, two candidates have launched TV ads -- one attacking Justice Rebecca Bradley as being 'backed to the hilt by right-wing special interests' and one arguing politics have no place on the courts."
Posted at 01:34 PM by Howard Bashman


"Leading authors press for Supreme Court review of Google's digitised library; The web giant's digitisation of millions of books -- many in copyright -- faces a fresh legal challenge, backed by authors including Margaret Atwood, Peter Carey, Ursula Le Guin and Malcolm Gladwell": Alison Flood of The Guardian (UK) has this report.
Posted at 01:30 PM by Howard Bashman


Sunday, February 7, 2016

"AG Kane slams appointment of mediator in Porngate case": Mark Fazlollah of The Philadelphia Inquirer has an article that begins, "Pennsylvania Attorney General Kathleen Kane lambasted a judicial panel Sunday for naming a well-connected lawyer to mediate Supreme Court Justice J. Michael Eakin's Porngate case, calling it a step to 'sweep his hate-filled emails under the rug.'"
Posted at 09:57 PM by Howard Bashman


"Laws written by men to protect women deserve scrutiny, Supreme Court told": Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 08:19 PM by Howard Bashman


"The Nobility of Good Lawyers With Bad Clients": Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 01:32 PM by Howard Bashman


"Tribes Don't Get a Pass on Federal Law": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:30 PM by Howard Bashman


"Voter ID Laws Found to Lower Minority Turnout": Kenneth Jost has this post today at his blog, "Jost on Justice."
Posted at 01:23 PM by Howard Bashman


"Hoeven undecided on Obama's ND judicial nominee": Patrick Springer of The Forum of Fargo, North Dakota has an article that begins, "Sen. John Hoeven, R-N.D., said he has an 'open mind' but is still reviewing President Obama's nomination of Jennifer Klemetsrud Puhl to the 8th U.S. Circuit Court of Appeals."
Posted at 01:18 PM by Howard Bashman


"Alito at 10: Justice Alito and the Future of the U.S. Supreme Court." The Center for American Progress, the American Constitution Society, and the Constitutional Accountability Center hosted this program, which Dahlia Lithwick moderated, on Thursday. You can view the video via YouTube at this link.
Posted at 01:15 PM by Howard Bashman


Third Circuit Judge Julio M. Fuentes to take senior status on July 18, 2016: As noted at this link.
Posted at 01:10 PM by Howard Bashman


"The President's Duty to Take Care that the Law Be Faithfully Executed": In case you missed it, this panel presentation (video via YouTube) took place at the Federalist Society's 2014 National Lawyers Convention.
Posted at 10:20 AM by Howard Bashman


"Trump Won't Say If He'd Appoint Supreme Court Justices Who Disagree with Him on Eminent Domain": John McCormack has this blog post online today at The Weekly Standard.
Posted at 10:15 AM by Howard Bashman


"NC State Bar dismisses complaints against prosecutors in racially divisive case": Joseph Neff has this front page article in today's edition of The News & Observer of Raleigh, North Carolina.

Today's edition of that newspaper also contains Anne Blythe's article headlined "Former NC Supreme Court justice calls for review of state bar; Bob Orr says outside evaluation of the state agency is needed; Bar has grown large and divided into extreme camps, he says; Recent prosecution of defense attorneys, not prosecutors questioned."
Posted at 10:12 AM by Howard Bashman



"Supreme Court to render a verdict on Obama's use of executive authority": David G. Savage of The Los Angeles Times has this report.
Posted at 09:12 AM by Howard Bashman


"Court rules Framingham officer not immune in shooting lawsuit": The MetroWest Daily News of Framingham, Massachusetts has this report.

Earlier, at his "The Watch" blog hosted by The Washington Post, Radley Balko had an entry titled "Still waiting for justice after SWAT team member kills innocent grandfather."

You can access Friday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 09:10 AM by Howard Bashman



"An Uncertain Path Ahead For Juvenile Sentencing Cases Still Before The Supreme Court": Chris Geidner of BuzzFeed News has this report.

And in today's edition of The Philadelphia Inquirer, Amy S. Rosenberg has a front page article headlined "Teen killers, prison lifers, given a ray of hope; In 1987, two 15-year-olds committed a vicious murder and were sentenced to life without parole; A Supreme Court decision offers the possibility of a new future, of freedom; But after a life spent in prison, who have they become?"
Posted at 09:00 AM by Howard Bashman



"As Porngate hits state high court, Sprague brought in as mediator": Mark Fazlollah and Craig R. McCoy have this article in today's edition of The Philadelphia Inquirer. According to the article, "The disclosure of Sprague's new role also prompted criticism Friday."
Posted at 08:54 AM by Howard Bashman


Saturday, February 6, 2016

"Tribe v. Balkin on whether Ted Cruz is a 'natural born citizen'": Randy Barnett has this post today at "The Volokh Conspiracy."
Posted at 10:26 PM by Howard Bashman


"Serial versus Making a Murderer: On Neutrality, Objectivity, and Legal Writing." Erica Goldberg has this post at her "In A Crowded Theater" blog.
Posted at 10:22 PM by Howard Bashman


"Can Cruz legally be president? Ivy League scholars debate." The Associated Press has this report.

And at "Balkinization," Jack Balkin has a post titled "Federalist Society Debate on Ted Cruz's Eligibility to be President."

The video of yesterday's debate can be accessed on YouTube via this link.
Posted at 03:15 PM by Howard Bashman



"U.S. TV pitchman Kevin Trudeau loses appeal of conviction, sentence": Jonathan Stempel of Reuters has this report.

And The Associated Press reports that "Court upholds TV pitchman Kevin Trudeau's 10-year sentence."

You can access yesterday's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 01:18 PM by Howard Bashman



"The Candidates and the Court: It's likely that the next president will have the chance to fundamentally reshape the Supreme Court; So why is it not a major campaign issue?" Slate has posted online today this new installment of its "Amicus" podcast featuring Dahlia Lithwick. Her guest this week is law professor Erwin Chemerinsky.
Posted at 10:42 AM by Howard Bashman


"Supreme Court allows John Doe prosecutors to file sealed documents in federal court": The Wisconsin State Journal has an article that begins, "The state Supreme Court has cleared one hurdle while leaving another in place for the district attorneys seeking to appeal to the U.S. Supreme Court a halted John Doe investigation into Gov. Scott Walker's recall campaign."

And Wisconsin Public Radio reports that "State Supreme Court Says 'No' To Outside Lawyers In John Doe 2 Appeal; Conservative Justices Rule DAs Will Have To Go It Alone On Appeal To US Supreme Court."

You can access yesterday's order of the Supreme Court of Wisconsin at this link.
Posted at 10:34 AM by Howard Bashman



"Respected former NJ Supreme Court justice criticizes Christie, questions his legacy": Salvador Rizzo of The Record of Hackensack, New Jersey has this report.
Posted at 10:26 AM by Howard Bashman


"Supreme Court Ruling Has Florida Scrambling to Fix Death Penalty Law": Lizette Alvarez of The New York Times has this report.
Posted at 10:22 AM by Howard Bashman


"The Political War Against the Kansas Supreme Court": Lincoln Caplan has this post online at The New Yorker.
Posted at 10:12 AM by Howard Bashman


"Abortion opponents urge Supreme Court to uphold Texas law": Richard Wolf of USA Today has this report.
Posted at 10:09 AM by Howard Bashman


"Are Assault Weapons Protected by the Second Amendment? The Supreme Court may finally have to rule on the right to keep and bear AR-15s." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:07 AM by Howard Bashman


Friday, February 5, 2016

"Federal court invalidates maps of two NC congressional districts": The News & Observer of Raleigh, North Carolina has this report.

And at his "Election Law Blog," Rick Hasen has a post titled "3-Judge Federal Court Strikes Down 2 North Carolina Congressional Districts as Racial Gerrymanders." Hasen has posted online today's ruling of a three-judge U.S. District Court at this link.
Posted at 07:28 PM by Howard Bashman



"Quieter, smaller Guantanamo as debate rages on prison's fate": The Associated Press has this report.
Posted at 07:16 PM by Howard Bashman


"In historic move, Jorge Labarga to remain as Florida Supreme Court chief justice for second term": Kristen M. Clark of The Miami Herald has this blog post.

The Supreme Court of Florida today issued a news release titled "Labarga Becomes First Florida Chief Justice To Succeed Himself in More Than a Century."
Posted at 07:09 PM by Howard Bashman



"Roberts: Partisan confirmation fights hurt court's image." Sam Hananel of The Associated Press has this report.
Posted at 07:06 PM by Howard Bashman


"Rajat Gupta's Insider-Trading Conviction to Get a New Review": Bloomberg News has this report.

And The Associated Press reports that "NY court agrees to rehear Ex-Goldman board member's appeal."
Posted at 01:55 PM by Howard Bashman



"Two Law School graduates to clerk for Supreme Court; Austin Raynor, Nicole Frazer clerking for Justices Thomas, Scalia": The Cavalier Daily has this report.

Related news releases can be accessed here and here.
Posted at 01:52 PM by Howard Bashman



"Meet Clint Bolick, Libertarian Lawyer Turned Arizona Supreme Court Justice; The newly appointed justice talks law, politics, immigration, and why he got 'visibly tattooed'": Damon Root has this article online today at Reason.com.
Posted at 01:38 PM by Howard Bashman


"Age and wisdom: Are the Supreme Court justices too old?" Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 01:35 PM by Howard Bashman


Circuit Judge Janice Rogers Brown's dissent today from a ruling of the U.S. Court of Appeals for the D.C. Circuit: The dissent begins:
It is hard to say whether a medium or a fortune-teller would be best suited for this case. The Court's opinion seems to be one part Back to the Future, requiring trial counsel to possess a DeLorean, a flux capacitor and the inventiveness of the fictional Doc Brown in order to render competent assistance to a client. But it is another part Zombie Apocalypse, intent on disinterring the grisly remains of the long defunct approach of purposive judicial interpretation. Because neither approach is consistent with precedent and our judicial responsibilities, I respectfully dissent.
You can access the majority opinion at this link.
Posted at 01:22 PM by Howard Bashman


"Federalist Society -- Larry Tribe and Jack Balkin -- Is Ted Cruz Eligible to be President?" Harvard Law School's Federalist Society chapter is hosting this event starting at noon eastern time today. According to the online notice of the event, you can access the video live, online via this link once the event is formally underway.
Posted at 12:02 PM by Howard Bashman


"The immigration case, made simple": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 11:58 AM by Howard Bashman


"Chief Justice John Roberts seeks to limit role of courts": Richard Wolf of USA Today has this report.
Posted at 11:55 AM by Howard Bashman


"Guantanamo prosecutor defends retroactive censorship of public hearing in 9/11 case": Carol Rosenberg of The Miami Herald has this report.
Posted at 11:54 AM by Howard Bashman


Thursday, February 4, 2016

"Appeals court deals blow to Maryland gun control law": Michael Dresser of The Baltimore Sun has this report.

And Anjali Shastry of The Washington Times reports that "Appeals court rules Md. gun control law infringes on Second Amendment rights."

My earlier coverage of today's Fourth Circuit ruling from a divided three-judge panel can be accessed here.
Posted at 10:36 PM by Howard Bashman



"Can Florida restrict doctors' speech to patients about guns?" Eugene Volokh has this post today at "The Volokh Conspiracy."
Posted at 10:28 PM by Howard Bashman


"Sonia from the Bronx": Ian Frazier has this Talk of the Town essay in the February 8, 2016 issue of The New Yorker.
Posted at 06:00 PM by Howard Bashman


"AG Schimel appoints Ryan Walsh as Chief Deputy Solicitor General": The Wisconsin Department of Justice has issued this news release.
Posted at 05:34 PM by Howard Bashman


"Baltimore sculptor creates new statue, a possible Taney replacement": Dan Rodricks if The Baltimore Sun has this blog post today.
Posted at 01:42 PM by Howard Bashman


"Appeals court decision casts doubt on Maryland's assault weapons ban": Ann E. Marimow of The Washington Post has this report.

And The Associated Press reports that "Appeals court orders judge to reconsider Md. gun law ruling."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 01:33 PM by Howard Bashman



"Mistaken ID case: Man was jailed despite being 9 inches taller than the wanted man." Maura Dolan of The Los Angeles Times has this report.

And Bob Egelko of The San Francisco Chronicle has a blog post titled "We thought he was the same guy -- never mind that 9-inch height difference."

You can access yesterday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:22 PM by Howard Bashman



"Supreme Judicial Court Justice Robert Cordy to retire": John R. Ellement of The Boston Globe has this report. The newspaper has posted the retirement letter at this link.

Laurel J. Sweet of The Boston Herald reports that "SJC Justice Cordy to retire this summer." In addition, Bob McGovern -- that newspaper's legal columnist -- has an essay titled "Charlie Baker's Judicial decisions: Four justices to leave by end of next year."

And MassLive.com has reports headlined "Massachusetts Supreme Judicial Court Justice Robert Cordy to retire"; "Robert Cordy reveals reason for retirement from Massachusetts Supreme Judicial Court"; and "Gov. Charlie Baker says he has no litmus test for judicial nominees."
Posted at 01:10 PM by Howard Bashman



"Constitution Check: What does the 'Take Care Clause' mean?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:28 AM by Howard Bashman


"Roberts sold more than $250,000 in Microsoft stock": The Associated Press has a report that begins, "The Supreme Court's recent decision to step into a relatively unimportant case involving Microsoft's Xbox 360 gaming system revealed that Chief Justice John Roberts has sold between $250,000 and $500,000 in Microsoft stock in the past year."
Posted at 11:26 AM by Howard Bashman


"James Obergefell -- Making Supreme Court History As An Accidental Activist": The Maurer School of Law of Indiana University -- a law school whose web site is either incredibly innovative or entirely frustrating, you decide -- yesterday posted this video online at YouTube.
Posted at 11:08 AM by Howard Bashman


"The political wars damage public perception of Supreme Court, Chief Justice Roberts says": Robert Barnes of The Washington Post has this report.

Gintautas Dumcius of MassLive.com has an article headlined "Supreme Court Chief Justice John Roberts on judges: 'We don't work as Democrats or Republicans.'"

And Gerry Tuoti of WickedLocal.com reports that "Chief Justice Roberts discusses court's past and future; Looking to the future, U.S. Supreme Court Justice John Roberts expects issues surrounding emerging technology to pose significant challenges to the court."

New England Law | Boston yesterday issued a news release titled "Chief Justice of the United States John G. Roberts, Jr., visits New England Law | Boston; Law Day participation a great honor and a valuable teachable moment."
Posted at 10:48 AM by Howard Bashman



"Phoenix City Council votes to end prayers at meetings": In today's edition of The Arizona Republic, Dustin Gardiner has a front page article that begins, "A sharply divided Phoenix City Council voted 5-4 Wednesday to stop having an opening prayer at council meetings and instead observe a 'moment of silent prayer,' a move that blocks a group of Satanists from giving the invocation at its next formal meeting."
Posted at 09:16 AM by Howard Bashman


"Let Them Have Teslas": Online today at Bloomberg View, law professor Noah Feldman has an essay that begins, "Tesla Motors has taken the first step toward challenging a year-old Michigan law that bars direct-to-consumer auto sales in the state."
Posted at 09:12 AM by Howard Bashman


"Ceremony Marks Naming Federal Courthouse in Oklahoma City for Circuit Judge William J. Holloway, Jr." The U.S. Court of Appeals for the Tenth Circuit has issued this news release.
Posted at 09:05 AM by Howard Bashman


"Federal Judges Show Sympathy for Torture Victims": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:55 AM by Howard Bashman


"U.S. appeals court limits fraud shield for sovereign wealth funds": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday.
Posted at 08:52 AM by Howard Bashman


"The Supreme Court vs. the President": Linda Greenhouse has this essay online today at The New York Times.
Posted at 08:45 AM by Howard Bashman


Wednesday, February 3, 2016

"Kansas House debates changing the Supreme Court selection process": The Kansas City Star has this report.
Posted at 10:54 PM by Howard Bashman


The Few, The Proud: The State of Columbia, South Carolina reports that "John Few elected as new S.C. Supreme Court associate justice."
Posted at 10:48 PM by Howard Bashman


"Why Rand Paul's Exit Is Bad News for the Future of the Supreme Court: Paul challenged the reigning legal orthodoxies on both the left and the right." Damon Root has this post today at Reason.com's "Hit & Run" blog.
Posted at 10:45 PM by Howard Bashman


"Supreme Court Justice Sonia Sotomayor to visit campus": The Daily Illini has this report.
Posted at 10:42 PM by Howard Bashman


"Lacking execution drugs, Virginia eyes the electric chair": The Associated Press has this report.
Posted at 10:30 PM by Howard Bashman


"The Trials of Aaron Swartz: A collection of Swartz's writings is a record of a mind thinking, beautifully, against itself." In the February 22, 2016 issue of The Nation, Ava Kofman has this review of the book "The Boy Who Could Change the World: The Writings of Aaron Swartz."
Posted at 10:18 PM by Howard Bashman


"Full 11th Circuit appeals court to consider gun speech law": The Associated Press has a report that begins, "A federal appeals court has agreed to reconsider previous rulings that upheld a Florida law restricting what doctors can ask patients about guns."

You can access today's order of the U.S. Court of Appeals for the Eleventh Circuit granting rehearing en banc at this link.
Posted at 10:02 PM by Howard Bashman



"State v. Naylor -- A Debate among Conservatives on the Texas Supreme Court": Scott A. Brister and Dale Wainwright have this post at National Review's "Bench Memos" blog.
Posted at 09:02 PM by Howard Bashman


When it comes to appellate law blogging, yesterday and today I was quite the slacker: But when it comes to the actual practice of appellate litigation, less so. Yesterday, I argued two separate appeals, as noted in this earlier post.

Today, I filed a this Petition for Allowance of Appeal in the Supreme Court of Pennsylvania.

And also today, for good measure, I served the Brief for Plaintiffs-Appellees in an appeal pending in the Superior Court of Pennsylvania that was the subject of earlier news coverage here and here.
Posted at 08:56 PM by Howard Bashman



"Judge's Fairness Disputed in $21M Bad-Faith Award" Max Mitchell of The Legal Intelligencer has this report on one of the two cases that I argued yesterday before a three-judge panel of the Superior Court of Pennsylvania. You can freely access the full text of the article via Google.

And in other coverage, Dan Packel of Law360.com reports that "Nationwide Says Judge Had 'Tantrum' In $21M Bad Faith Row" (subscription required for full access).

You can access the Brief for Plaintiffs-Appellees that I filed in the case at this link.

Since yesterday was Groundhog Day, I couldn't help but recollect this earlier oral argument against the identical opposing counsel in which his client's appeal consisted of a similar headlong assault on the fact-finding that resulted in a punitive damages verdict in favor of my clients in that case, the plaintiffs.

The final argument point in the Brief for Plaintiffs-Appellees that I filed in that earlier case stated, "Wyeth's Blatant Effort To Reargue The Evidentiary Record And Attempt To Depict That Record As 'Undisputed' So As To Impermissibly Construe The Evidence And The Inferences Therefrom In Favor Of Wyeth As Verdict-Loser Should Be Rejected." Given opposing counsel's oral argument yesterday, it's deja vu all over again.

For readers who don't remember which side emerged victorious in that earlier appeal, decided a little over two years ago, the answer can be found here and here.
Posted at 07:50 PM by Howard Bashman



Tuesday, February 2, 2016

"Four Supreme Court Justices are older than 75. Is that a problem?" David J. Garrow has this essay online at The Los Angeles Times.
Posted at 09:10 PM by Howard Bashman


Programming note: Following my two unrelated oral arguments before a three-judge panel of the Superior Court of Pennsylvania in Harrisburg today (details here), I will be returning to my office in the suburbs of Philadelphia. As a result, additional posts will not appear here until later today.
Posted at 07:05 AM by Howard Bashman


"US appeals panel lets stand ruling in Somali torture claim": The Associated Press has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
Posted at 06:55 AM by Howard Bashman


"Ordenan permitir el voto a mas de 500,000 electores inactivos; La CEE debera reincorporar a los afectados antes de noviembre": El Nuevo Dia.com has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued yesterday. Google Translate offers this version of the article in English.
Posted at 06:49 AM by Howard Bashman


"Judge Guido Calabresi : The Future of Law and Economics." The National Constitution Center has posted this video online at YouTube of an event that took place yesterday.
Posted at 06:42 AM by Howard Bashman


Monday, February 1, 2016

"Protecting Children Vs. Protecting Privacy": Online at Bloomberg View, law professor Noah Feldman has an essay that begins, "Can Wisconsin make a sex offender who's completed his sentence wear a GPS monitor on his ankle for the rest of his life? Reversing a lower court judgment last week, the U.S. Court of Appeals for the 7th Circuit said the answer is yes. The opinion, by the influential Judge Richard Posner, presents itself as an exercise in cost-benefit analysis and legal common sense. But the decision is wrong nonetheless, because the right to privacy can't be balanced away by statistics."

My earlier coverage of last Friday's Seventh Circuit ruling can be accessed here.
Posted at 09:40 PM by Howard Bashman



"Supreme Court rejects GOP petition to block new Virginia congressional lines": The Washington Post has this report.
Posted at 09:30 PM by Howard Bashman


"White House expected to nominate high-profile Silicon Valley-based Judge Lucy Koh to federal appeals court": Howard Mintz of The San Jose Mercury News has an article that begins, "San Jose-based U.S. District Judge Lucy Koh, who in recent years has become the most influential judge in Silicon Valley, is expected to soon be nominated to the nation's largest federal appeals court, according to lawyers and judges familiar with the White House vetting process."
Posted at 09:27 PM by Howard Bashman


"Court to States: Follow Us on Retroactivity." Kenneth Jost had this post yesterday at his blog, "Jost on Justice."
Posted at 05:42 PM by Howard Bashman


"Future of Oyez Supreme Court Archive Hangs in the Balance": Jess Bravin has this post today at WSJ.com's "Law Blog."

And Tony Mauro of The National Law Journal has an article headlined "Future Unclear for 'Oyez,' Source for Supreme Court Audio History." You can freely access the full text of this article via Google News.
Posted at 05:34 PM by Howard Bashman



Programming note: This afternoon, I am traveling to Harrisburg, Pennsylvania, where tomorrow morning I am orally arguing two unrelated appeals before the same three-judge panel of the Superior Court of Pennsylvania (the 11th and 13th cases on this list).

In the first case (earlier news coverage here), you can access my client's Brief for Appellant and Reply Brief for Appellant.

And in the second case (earlier news coverage here), you can access my clients' Brief for Plaintiffs-Appellees.

Additional posts may appear here this evening.
Posted at 01:36 PM by Howard Bashman



"On Appeal, Abuse-Deterrent OxyContin Patents are Invalid": Dennis Crouch has this post at "Patently-O" discussing a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 01:24 PM by Howard Bashman


"Tuaua Plaintiffs To Seek Supreme Court Review; Theodore B. Olson Joins Case Seeking Recognition of Birthright Citizenship in U.S. Territories": This post appeared in mid-December 2015 at the "Equally American Blog" of the We the People Project.

Theodore B. Olson appears as counsel of record for petitioners on the Petition for a Writ of Certiorari filed today.
Posted at 01:04 PM by Howard Bashman



"After 10 Years, Sam Alito Is The Most Important Conservative On The Supreme Court": Tamara Tabo has this post today at "Above the Law."
Posted at 11:58 AM by Howard Bashman


"It's Been 10 Years. Would Clarence Thomas Like to Add Anything?" Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 08:04 AM by Howard Bashman






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