How Appealing

Thursday, March 31, 2016

"The Growing Mess of the Supreme Court's Contraception Case": Jesse Wegman has this post today at the "Taking Note" blog of The New York Times.
Posted at 11:40 PM by Howard Bashman


"Merrick Garland heard Trump campaign manager's appeal over gun in 2003": Richard Wolf of USA Today has this report.
Posted at 11:32 PM by Howard Bashman


"D.C. Circuit Judge Brett Kavanaugh: Garland 'Supremely Qualified' for Supreme Court." Zoe Tillman of The National Law Journal has this report.
Posted at 05:55 PM by Howard Bashman


"Mason Receives $30 Million in Gifts, Renames School of Law After Justice Antonin Scalia; Largest Combined Gift in University's History Will Support New Scholarship Programs": George Mason University today issued a news release which states that "In recognition of this historic gift, the Board of Visitors has approved the renaming of the school to The Antonin Scalia School of Law at George Mason University."

And at the "Grade Point" blog of The Washington Post, Susan Svrluga has an entry titled "George Mason law school to be renamed the Antonin Scalia School of Law."
Posted at 05:47 PM by Howard Bashman



"Sasse: Obama's Supreme Court nominee 'dead on arrival.'" Chris Dunker of The Lincoln Journal Star has an article that begins, "Following an hourlong lecture on restoring the original intent of the Constitution at the University of Nebraska-Lincoln, Sen. Ben Sasse on Thursday said President Obama's nomination to the Supreme Court would not reach a vote of the full Senate."
Posted at 04:33 PM by Howard Bashman


"The Supreme Court vacancy is just the tip of the iceberg": Online at The Baltimore Sun, Tommy Tobin has an essay that begins, "The unfilled vacancy on the U.S. Supreme Court, while the most talked about right now, is just the latest in a long line of unfilled seats on the federal bench."
Posted at 04:30 PM by Howard Bashman


"Constitution Check: Is Ted Cruz's eligibility for the presidency a serious issue?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 04:20 PM by Howard Bashman


"What's the California Supreme Court thinking? One justice gives us a clue." In today's edition of The Los Angeles Times, Maura Dolan has an article that begins, "Cases the California Supreme Court declines to review may be as important as the court's full-blown rulings, especially to the litigants. But little is known about why the court rejects certain appeals."
Posted at 04:06 PM by Howard Bashman


"Justice Kagan Just Wrote The Most Interesting SCOTUS Opinion Of The Year": Ian Millhiser has this post online today at ThinkProgress.
Posted at 03:22 PM by Howard Bashman


"Grassley leads slowdown of judicial confirmations": In today's edition of The Des Moines Register, Jason Noble has a front page article that begins, "Even before the current controversy over consideration of a Supreme Court justice, action on federal court nominations has slowed markedly since U.S. Sen. Chuck Grassley took control of the Senate Judiciary Committee."
Posted at 03:00 PM by Howard Bashman


"Supreme Court struggles with just eight justices": Richard Wolf of USA Today has this report.
Posted at 02:53 PM by Howard Bashman


Wednesday, March 30, 2016

Programming note; On Thursday morning, I will be traveling to Chicago, where, on Friday, Tony Mauro of The National Law Journal and I will be guest speakers at the Supreme Court Clinic of the Northwestern University Pritzker School of Law.

As a result, additional posts will appear here on Thursday afternoon. In the interim, appellate-related updates likely will appear on this blog's Twitter feed.
Posted at 11:20 PM by Howard Bashman



Fourth Circuit affirms district court's refusal to transfer juvenile for adult prosecution for murder in aid of racketeering because the mandatory penalties for that crime cannot lawfully be imposed on a juvenile: You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 11:11 PM by Howard Bashman


"Supreme Court Seen Easing Path to Challenge Some Environmental Regulations; Justices to decide on case regarding restrictions under the Clean Water Act": Brent Kendall of The Wall Street Journal has this report.

Lawrence Hurley of Reuters reports that "Supreme Court sympathetic to property owner in wetlands dispute."

Greg Stohr of Bloomberg News reports that "Justices Suggest Support for Landowners in Wetlands Case."

And The Associated Press reports that "High court sympathetic to property owners in wetlands case."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Army Corps of Engineers v. Hawkes Co., No. 15-290.
Posted at 10:30 PM by Howard Bashman



"The Supreme Court's Plea for Health Insurance Help: The justices are split -- and desperate to find a solution that works for religious nonprofits and the government in a battle over birth control." Law professor Garrett Epps has this essay online at The Atlantic.

And online at The Los Angeles Times, Michael McGough has an essay titled "The Supreme Court floats a contraception compromise."
Posted at 09:55 PM by Howard Bashman



"The Supreme Court needs a ninth justice immediately": The Washington Post has this editorial.
Posted at 09:52 PM by Howard Bashman


"A Supreme Court Hijacking": Linda Greenhouse has this essay online at The New York Times.
Posted at 09:48 PM by Howard Bashman


"Supreme Court Rules Against Freezing Assets Not Tied to Crimes": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Supreme Court limits when the government can freeze defendants' assets."

David G. Savage of The Los Angeles Times reports that "Supreme Court says 'untainted' assets of fraud suspects can be unfrozen, used to defend self."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Rules Assets Unrelated to Crimes Cannot Be Frozen; 5-3 decision found the right to counsel trumps government's interest in preserving funds for restitution."

James Rosen of McClatchyDC reports that "Supreme Court rules for Miami defendant in Medicare fraud case."

Sam Hananel of The Asociated Press has an article headlined "Justices: Government can't freeze assets unrelated to crimes."

Matt Ford of The Atlantic has an article headlined "A Near-Epiphany at the Supreme Court: The justices come close to recognizing the perilous state of the American public-defense system."

At Forbes.com, Daniel Fisher has a post titled "White-Collar Defendants Win As Supreme Court Protects 'Untainted' Money."

And online at Bloomberg View, law professor Noah Feldman has an essay titled "You're Presumed Innocent. Is Your Money?"

You can access at this link today's U.S. Supreme Court ruling in Luis v. United States, No. 14-419. And you can access the oral argument of the case via this link.
Posted at 09:40 PM by Howard Bashman



"The Reverse Bartleby: A modest proposal for how Merrick Garland can outfox Republican obstructionists." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:00 PM by Howard Bashman


"Coffee juggler can't sue Sheetz over scalding, Pa. court says": Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has an article that begins, "Concluding that her own inadvisable juggling act led to her injury, a state appeals court panel has refused to revive a lawsuit by a student who spilled scalding coffee on herself at a Sheetz convenience store."

You can access yesterday's non-precedential ruling of a three-judge panel of the Superior Court of Pennsylvania at this link.
Posted at 08:57 PM by Howard Bashman



"White House maps out next phase of Court fight; The administration feels like it has the advantage -- and plans to press the pace in April": Edward-Isaac Dovere of Politico.com has this report.

And online at Politico Magazine, law professor Richard Primus has an essay titled "The Supreme Court: The Nightmare Scenario; A year without a justice is the least of our worries; We could be in for a full-scale constitutional meltdown."
Posted at 08:52 PM by Howard Bashman



"How we'll know who's right about advice and consent": Law professor Jamal Greene has this op-ed online at The Los Angeles Times.
Posted at 08:44 PM by Howard Bashman


"Constitution Check: If the Supreme Court splits 4-to-4, does anybody win?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:42 PM by Howard Bashman


"Shirley Hufstedler, R.I.P." Today at his "Southern California Appellate News" blog, Ben Shatz has a post that begins, "Shirley Hufstedler -- a giant in the legal profession and of her generation -- passed away this morning."

In addition to her other accomplishments, Hufstedler served as a judge on the U.S. Court of Appeals for the Ninth Circuit from September 1968 to December 1979.
Posted at 08:35 PM by Howard Bashman



"'Docs v. Glocks' law heading to federal appeals court in June": Jim Saunders of The News Service of Florida has an article that begins, "Readying for oral arguments in June, attorneys for the state and Second Amendment groups are urging a full federal appeals court to uphold a 2011 Florida law that would restrict doctors from asking questions and recording information about patients' gun ownership."
Posted at 08:30 PM by Howard Bashman


"Pa. court reverses death sentence in gruesome murder": Michaelle Bond of The Philadelphia Inquirer has an article that begins, "The state Supreme Court reversed a death sentence of a Coatesville man convicted of fatally shooting his teenage neighbor in 2008 and dismembering the body with a chainsaw."

And Michael Rellahan of The Daily Local News of West Chester, Pennsylvania reports that "Death penalty vacated in chain saw death in Coatesville."

You can access yesterday's ruling of a unanimous Supreme Court of Pennsylvania at this link.
Posted at 08:22 PM by Howard Bashman



"From judge to justice: the case for Merrick Garland." Law professor Laurence H. Tribe has this essay online at The Boston Globe.
Posted at 07:16 PM by Howard Bashman


"Testing Territorial Limits: A crop of court cases could change the relationship between the United States and its territories." Vann R. Newkirk II of The Atlantic has this report.
Posted at 07:06 PM by Howard Bashman


"Alabama's Death Penalty Needs to Go: In light of the Supreme Court's ruling against judicial override in Florida, one state remains where judges alone can decide life or death." Ashley Cleek has this jurisprudence essay online at Slate.
Posted at 04:37 PM by Howard Bashman


"Pa. justice: Review Porngate emails of every judge and lawyer." In today's edition of The Philadelphia Inquirer, Mark Fazlollah has a front page article that begins, "Pennsylvania Supreme Court Justice Debra McCloskey Todd said Tuesday that she had urged the Judicial Conduct Board and the disciplinary board for lawyers to review the emails of every judge and lawyer involved in the Porngate scandal, which has cost two of her colleagues their seats on the high court."
Posted at 04:30 PM by Howard Bashman


Tuesday, March 29, 2016

Programming note: On Wednesday, I will be arguing an appeal before a three-judge panel of the Superior Court of Pennsylvania. Additional posts will appear here by late Wednesday afternoon.

At 10 a.m. eastern time on Wednesday, the U.S. Supreme Court is scheduled to issue one or more rulings in argued cases. The decisions will be available via this link just as soon as the Court posts them online.
Posted at 11:18 PM by Howard Bashman



"Supreme Court Hints at Way to Avert Tie on Birth Control Mandate": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Reality of a divided Supreme Court: A split decision and a search for compromise."

And Jess Bravin of The Wall Street Journal reports that "Supreme Court Struggles to Deal With 4-4 Split; A pair of developments revealed the new dynamic of a court equally divided between conservatives and liberals."
Posted at 10:10 PM by Howard Bashman



"Kirk becomes first GOP senator to meet with Garland": Lisa Mascaro of The Chicago Tribune has this report.

Columnist Lynn Sweet of The Chicago Sun-Times has an essay titled "Senate GOP must be 'rational' about court pick, Kirk says."

The Associated Press reports that "Garland holds first meeting with GOP senator, Kirk of Ill."

Reuters reports that "Senator Kirk criticizes fellow Republicans on Garland boycott."

And Burgess Everett of Politico.com reports that "Kirk rips 'closed-minded' GOP on Garland nomination."
Posted at 10:04 PM by Howard Bashman



"How Democrats could force a Supreme Court vote; Sen. Grassley expects them to use a rare procedural maneuver to press the issue": Seung Min Kim of Politico.com has this report.
Posted at 08:25 PM by Howard Bashman


"Texas AG files Supreme Court brief against Obama immigration plan": Lomi Kriel of The Houston Chronicle has this report.

You can access the Brief for the State Respondents filed yesterday in the U.S. Supreme Court at this link.
Posted at 08:16 PM by Howard Bashman



"Kane creates solicitor general post in Pennsylvania Office of Attorney General": Brad Bumsted of The Pittsburgh Tribune-Review has this report.

Angela Couloumbis and Jeremy Roebuck of The Philadelphia Inquirer report that "AG Kane hires Bruce Castor as top aide."

Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania reports that "Kathleen Kane hires new 'second in command' to oversee AG's office."

And Carl Hessler Jr. of Montgomery Media reports that "Former Montgomery County DA Bruce Castor appointed to new post created by Kane."
Posted at 07:34 PM by Howard Bashman



"Making sense of the #SCOTUS Order in Zubik v. Burwell Based on Oral Argument Questions": Josh Blackman has this blog post.
Posted at 06:10 PM by Howard Bashman


"Years after win, couple still battle EPA to build dream home": Robin Bravender of Greenwire has an article that begins, "In 2012, an Idaho couple won big in the Supreme Court when the justices ruled they could bring a legal challenge against U.S. EPA enforcement actions that blocked the construction of their dream home."
Posted at 06:07 PM by Howard Bashman


"U.S. Supreme Court Asks Parties for Paths to Settling Religious Contraception Case; Move suggests high court may be seeking to avoid 4-4 tie on a ruling": Brent Kendall and Louise Radnofsky of The Wall Street Journal have this report.
Posted at 04:20 PM by Howard Bashman


"Supreme Court's Split on Union Dues Could Be Harbinger of More Deadlocks; Tie underscores how much one justice can affect the direction of closely divided court": Brent Kendall and Jess Bravin of The Wall Street Journal have this report.
Posted at 04:18 PM by Howard Bashman


"A Prescription for Religious Liberty": Today at National Review's "Bench Memos" blog, Ed Whelan has a post that begins, "In two weeks, the Supreme Court is scheduled to decide whether to hear one of the most important Free Exercise cases in decades."
Posted at 04:16 PM by Howard Bashman


"Justices seem to seek compromise in birth control case": Mark Sherman of The Associated Press has this report.

Lawrence Hurley of Reuters reports that "U.S. top court seeks more information in contraception insurance case."

Greg Stohr of Bloomberg News reports that "High Court Order on Contraceptives Hints at Possible Compromise."

At "SCOTUSblog," Lyle Denniston has a post titled "Court seeks new way to decide birth-control cases."

In commentary, Ian Millhiser of ThinkProgress has a post titled "How To Make Sense Of The Baffling Order The Supreme Court Just Handed Down On Birth Control."

And at the "Bill of Health" blog, Greg Lipper has a post titled "About that Order for Supplemental Briefing in Zubik v. Burwell."
Posted at 03:45 PM by Howard Bashman



U.S. Supreme Court requests supplemental briefing in Zubik v. Burwell: You can access at this link the order issued only minutes ago. The parties' responses are due April 12, 2016, with the ability to file reply briefs no later than April 20, 2016.
Posted at 02:04 PM by Howard Bashman


"High court nominee Garland's record of backing journalists": Bob Egelko of The San Francisco Chronicle has this report (subscription required for full access). You can freely access the full text of the article via Google.
Posted at 02:00 PM by Howard Bashman


"High court deadlocks on union fees for California teachers": Bob Egelko of The San Francisco Chronicle has this report.

Howard Mintz of The San Jose Mercury News reports that "California teachers union survives U.S. Supreme Court challenge."

And Brian Mahoney and Josh Gerstein of Politico.com report that "Supreme Court deadlocks in key labor case."
Posted at 01:56 PM by Howard Bashman



"In Iowa, Grassley takes flak for court stance": Jason Noble has this front page article in The Des Moines Register. And online at that newspaper's web site, Noble has an update headlined "Grassley: No 'lame duck' appointment for Supreme Court nominee."

Seung Min Kim of Politico.com reports that "Supreme Court vise closes on Grassley; The Judiciary Committee head insists he's not bending in the Garland confirmation clash; But the pressure has only begun."

And The Associated Press reports that "Amid Supreme Court battle, Grassley seeks friendly audience."
Posted at 01:52 PM by Howard Bashman



"NC attorney general refuses to defend state from HB2 legal challenge": Anne Blythe of The News & Observer of Raleigh, North Carolina has an article that begins, "Roy Cooper, the N.C. Attorney General, said on Tuesday that his office will not defend North Carolina officials and state agencies against the law adopted last week that strikes down locally enacted protections for lesbians, gay, bisexual and transgender people."
Posted at 01:38 PM by Howard Bashman


"Court again dismisses creditors' case from Tribune Co bankruptcy": Reuters has this report about a revised ruling that a three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:30 PM by Howard Bashman


"Influence of Chief Justice John Marshall: Jeffrey Rosen spoke about on the influence of former Chief Justice John Marshall, who served from 1801-1835." C-SPAN has posted online at this link the video of this recent Supreme Court Historical Society event, at which Chief Justice John G. Roberts, Jr. delivered introductory remarks.
Posted at 01:16 PM by Howard Bashman


"Opinion analysis: Result but no guidance on public unions' fees." Lyle Denniston has this post at "SCOTUSblog."

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Unions Get Lucky at the Supreme Court."
Posted at 01:10 PM by Howard Bashman



"'Star Trek' Lawsuit Now Explores What Vulcans and Vampires Have in Common; Plus, the 19th-century Supreme Court case that is being called upon to knock the contention that the language of Klingon is copyrighted": Eriq Gardner has this post today at the "THR, Esq." blog of The Hollywood Reporter.
Posted at 01:04 PM by Howard Bashman


"Unions Win Fee Victory as Supreme Court Ties 4-4": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Supreme Court deadlocks over public employee union case; Calif. teachers must pay dues."

And David G. Savage of The Los Angeles Times reports that "Supreme Court's tie vote upholds public employee fees for unions."
Posted at 11:28 AM by Howard Bashman



"Judges Coercing Lawyers to Donate to Charities": Ronald D. Rotunda has this essay online at Justia's Verdict.
Posted at 10:44 AM by Howard Bashman


"The Merrick Garland Project": Available online at this link from the New York University Law Review.
Posted at 10:10 AM by Howard Bashman


Access today's ruling of the U.S. Supreme Court in an argued case: In Friedrichs v. California Teachers Assn., No. 14-915, the Court issued a per curiam decision affirming the judgment by an equally divided Court. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Supreme Court deadlock upholds win for unions in fee case."

Lawrence Hurley of Reuters reports that "Split U.S. Supreme Court rejects conservative challenge to union fees."

Greg Stohr of Bloomberg News reports that "Mandatory Union Fees Survive as U.S. Supreme Court Deadlocks."

And Richard Wolf of USA Today reports that "Public employee unions dodge a Supreme Court bullet in tie vote."
Posted at 10:03 AM by Howard Bashman



Monday, March 28, 2016

"Sen. Kirk, here's how you can persuade the GOP to consider Merrick Garland": Law professor Geoffrey R. Stone has this essay online at The Chicago Tribune.

And online at The National Law Journal, Geremy C. Kamens has an essay titled "Garland Fumbled His Debut Appellate Opinion; He's a good man for the job, but an early decision was not the high court nominee's best work."
Posted at 10:40 PM by Howard Bashman



"Rebecca Bradley, JoAnne Kloppenburg signal political leanings": Patrick Marley of The Milwaukee Journal Sentinel has an article that begins, "The candidates for state Supreme Court are largely mum about their views on key cases, but they have given clear signs showing incumbent Rebecca Bradley lines up with conservatives and challenger JoAnne Kloppenburg with liberals."
Posted at 10:35 PM by Howard Bashman


"Supreme Court Skeptical on a Speedy Trial Argument": Adam Liptak of The New York Times has this report.

And online at Slate, Mark Joseph Stern has a Supreme Court dispatch titled "Samuel Alito's Sixth Amendment Denialism: The Supreme Court justice only accepts the reality of American legal history when it aligns with his judicial ideology."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Betterman v. Montana, No. 14-1457.
Posted at 08:24 PM by Howard Bashman



"Court to rule on scope of retrial power": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 08:14 PM by Howard Bashman


"Let Voters Decide the Court's Future": U.S. Senator Orrin G. Hatch (R-UT) has this op-ed in today's issue of The New York Times.
Posted at 08:12 PM by Howard Bashman


"At UW-Madison, Hillary Clinton urges voters to think of Supreme Court pick": Molly Beck and Mark Sommerhauser of The Wisconsin State Journal have this report.
Posted at 08:07 PM by Howard Bashman


"Philip Morris to SCOTUS: Don't revisit corporate money in judicial elections." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 07:54 PM by Howard Bashman


"What's at Stake in Selecting Justice Scalia's Replacement? The fight over the open seat on the U.S. Supreme Court isn't just a partisan struggle -- it revolves around the very meaning of the Constitution." Jeffrey Rosen has this essay online at The Atlantic.
Posted at 07:44 PM by Howard Bashman


"A Biglaw Associate's Supreme Court Debut": David Lat has this post today at "Above the Law."
Posted at 07:34 PM by Howard Bashman


In the April 2016 issue of ABA Journal magazine: Mark Walsh has an article headlined "After Scalia: The Supreme Court goes back to work amid uncertainty."

David L. Hudson Jr. has an article headlined "SCOTUS antitrust ruling against dentists raises questions about lawyers' regulatory structures."

Ellen Rooney Martin has an article headlined "How much privacy are drivers willing to give up for better car insurance rates?"

And the new installment of Bryan A. Garner's "On Words" column is headlined "Bryan Garner's tribute to his friend and co-author Antonin Scalia."
Posted at 07:14 PM by Howard Bashman



"Sen. Donnelly (D-IN) asks Judge Garland, 'Cubs or White Sox?' Garland responds, 'Cubs, but I had a grandparent who liked White Sox.'" Luke Russert of NBC News tweets the long-awaited answer to the question that's at least on the minds of a few people.
Posted at 03:33 PM by Howard Bashman


"If you're still interested in which [MLB] team Garland is a fan of, it was apparently revealed this morning in a meeting with a Dem senator": So states the text of a tantalizing email that I received this morning from a journalist who works for a major news organization. It thus appears that U.S. Senator Joe Donnelly (D-IN) knows the information that I am hoping to be able to share with the readers of this blog sometime soon.
Posted at 01:38 PM by Howard Bashman


"When You Can't Find the Fine Print (Or Read It)": Law professor Noah Feldman has this essay online today at Bloomberg View.

You can access at this link my earlier coverage of Friday's Seventh Circuit ruling.
Posted at 01:33 PM by Howard Bashman



"Justices weigh constitutional claim in sentencing delay": The Associated Press has this report.

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Speedy Trial, Slow Sentencing. That's Not Justice."
Posted at 01:30 PM by Howard Bashman



In news coverage of today's Order List of the U.S. Supreme Court: The Associated Press reports that "Court takes case of former Puerto Rico senator, businessman"; "Supreme Court rejects Blagojevich appeal in corruption case"; "Justices reject appeal over $200 million van Gogh painting"; and "Justices reject appeal from Alabama death row inmate."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court takes up Puerto Rico bribery case" and "Supreme Court rejects Illinois ex-governor's corruption appeal."

Greg Stohr of Bloomberg News reports that "Yale Can Keep Van Gogh Masterpiece as Supreme Court Rejects Appeal."

And Richard Wolf of USA Today reports that "Supreme Court rejects ex-Illinois governor Blagojevich's conviction appeal."
Posted at 01:11 PM by Howard Bashman



"Birth control and Obamacare: A pious hijacking at the Supreme Court." Steven Mazie has this post today at the "Democracy in America" blog of The Economist.
Posted at 09:44 AM by Howard Bashman


"Clinton: Americans should put Court nomination at forefront." The Associated Press has a report that begins, "Hillary Clinton wants voters to consider what Republican front-runner Donald Trump might do to shape the Supreme Court."
Posted at 09:42 AM by Howard Bashman


"Roe v. Wade Was Lost in 1992: How 'undue burden' -- a concept nurtured by anti-abortion groups and championed by the first woman on the Supreme Court -- has eroded the right to choose." Meaghan Winter has this article online at Slate.
Posted at 09:37 AM by Howard Bashman


Access today's Order List of the U.S. Supreme Court: At this link. The Court granted review in one new case and called for the views of the Solicitor General in one case.
Posted at 09:32 AM by Howard Bashman


"At Supreme Court, Tie Votes Leave Strike Zone Unclear": Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 08:02 AM by Howard Bashman


"Conservatives to pounce if GOP relents on Supreme Court; The 'no hearings, no vote' stance has made Mitch McConnell an unlikely hero of the right, but that could change in an instant": Burgess Everett of Politico.com has this report today.
Posted at 08:00 AM by Howard Bashman


"Why Garland's Judicial Record Slips Through Critics' Fingers": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 07:54 AM by Howard Bashman


Sunday, March 27, 2016

"Why Garland's Judicial Record Slips Through Critics' Fingers": Nina Totenberg of NPR has this report.
Posted at 10:08 PM by Howard Bashman


"National split over Garland roils N.H. Senate race": Akilah Johnson has this front page article in today's edition of The Boston Globe.

In today's edition of The Fairbanks Daily News-Miner, Rod Boyce has a front page article headlined "Sen. Murkowski will meet with Obama's Supreme Court nominee; Sen. Sullivan refuses."

Aly Pachter of The Georgetown Hoya reports that "Biden Addresses Political Polarization, Supreme Court Nomination."

Online at Bloomberg View, U.S. Senator Orrin G. Hatch (R-UT) has an essay titled "Senate's Job Is to Protect the Supreme Court."

And in today's edition of The Philadelphia Inquirer, U.S. Senator Chris Coons (D-DE) has an op-ed titled "Republicans twisting Biden's words on nominees."
Posted at 08:20 PM by Howard Bashman



"What I remember about Merrick Garland from junior high": Fred Eisenhammer has this essay online at The Chicago Tribune. The essay also provides access to a gallery of yearbook photos showing the nominee during his high school years.
Posted at 07:40 PM by Howard Bashman


"Merrick Garland Is a Deft Navigator of Washington's Legal Circles": Sheryl Gay Stolberg, Matt Apuzzo, and Katharine Q. Seelye have this front page article in today's edition of The New York Times.
Posted at 05:36 PM by Howard Bashman


Seventh Circuit affirms district court's rejection of TransUnion's "clickwrap" arbitration agreement: You can access Friday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.

The "Legal Solutions Blog" of Thomson Reuters previously reported on the district court's ruling in a post titled "TransUnion appeals online contract ruling to 7th Circuit."
Posted at 01:16 PM by Howard Bashman



"W.Va. Supreme Court of Appeals Justice Aids Archeologists in Egypt; Brent Benjamin Relates to Possible King Tut Finding": The Intelligencer of Wheeling, West Virginia has an article that begins, "When he's not digging into court records while weighing how he'll ruling on a landmark case, West Virginia Supreme Court of Appeals Justice Brent Benjamin likes to spend time unearthing millenia-old treasures in Egypt's Valley of the Kings."
Posted at 10:44 AM by Howard Bashman


"A Supreme Court Pioneer, Now Making Her Mark on Video Games": Natasha Singer will have this article in Monday's edition of The New York Times.
Posted at 10:32 AM by Howard Bashman


"For Merrick Garland, a methodical life of ambition": Amy Goldstein and Tom Hamburger have this front page article in today's edition of The Washington Post.

And The Associated Press reports that "Supreme Court nominee formed lasting bonds at Harvard."
Posted at 10:28 AM by Howard Bashman



Saturday, March 26, 2016

"Senate Republicans Signal Willingness To Accept Supreme Court Nominee Questionnaire; White House 'heartened' by the potential to move forward on a key part of the nomination process, but is awaiting a direct request from Senate Judiciary Committee": Chris Geidner and John Stanton of BuzzFeed News have this report.
Posted at 02:58 PM by Howard Bashman


"An uncertain future for health care law's birth-control mandate": Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:23 AM by Howard Bashman


"Justice Department Voting Rights Unit Adapts After Supreme Court Ruling": Carrie Johnson had this audio segment on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 10:20 AM by Howard Bashman


"Backlash as Senator Breaks Ranks on Supreme Court Hearings": Emmarie Huetteman has this article in today's edition of The New York Times.

And Chris Casteel of The Oklahoman reports that "Oklahomans are closely divided on whether Senate should consider high court nominee."
Posted at 10:18 AM by Howard Bashman



"Ted Frank: Lightning Rod for Class Settlement Storms." Steven M. Sellers of Bloomberg BNA has this report.
Posted at 10:06 AM by Howard Bashman


"Chief Justice Roberts Predicted The Supreme Court Nightmare Unfolding Right Before His Eyes; And he probably won't do anything about it": Cristian Farias of The Huffington Post has this report today.
Posted at 10:00 AM by Howard Bashman


Friday, March 25, 2016

"The majority opinion is needless, wrong, and raises serious constitutional concerns with the separation of powers." So writes Ninth Circuit Judge Jay S. Bybee in an opinion "concurring in the judgment but vigorously disagreeing with everything else" issued today.

The majority on this three-judge panel ruled today that the Ninth Circuit's Bankruptcy Appellate Panel lacks authority to issue writs of mandamus under the All Writs Act.
Posted at 01:40 PM by Howard Bashman



"Give Judge Merrick Garland a fair hearing": President Barack Obama has this op-ed online at AL.com and in numerous other newspapers today.
Posted at 01:24 PM by Howard Bashman


"Can Merrick Garland Kill the Filibuster?" Jeffrey Toobin has this post online today at The New Yorker.
Posted at 01:12 PM by Howard Bashman


Access the audio of Wednesday's oral argument in Zubik v. Burwell: At this link.

And the U.S. Supreme Court has made available the audio to all of this week's oral arguments via this link.
Posted at 01:05 PM by Howard Bashman



"How many cases will the Supreme Court put off till next term? Maybe none." Tom Pryor and Timothy R. Johnson have this entry today at the "Monkey Cage" blog of The Washington Post.
Posted at 01:03 PM by Howard Bashman


"Expansion of Georgia's Supreme Court wins final approval": The Atlanta Journal-Constitution has this report.
Posted at 12:53 PM by Howard Bashman


"When your cousin is the Supreme Court nominee": IdaRose Sylvester has this post at Medium.
Posted at 08:30 AM by Howard Bashman


"US Supreme Court Takes up Speedy-Trial Fight in Montana Case": The Associated Press has this report.
Posted at 08:27 AM by Howard Bashman


"The Supreme Court's Conservatives Don't Seem To Know What Obamacare Actually Does; For one thing, it doesn't offer a 'birth control only' plan": Jeffrey Young and Cristian Farias of The Huffington Post have this report.

At Rewire, Greg Lipper has an essay titled "Justices Against 'Hijacking,' and Other Unsettling Details from the 'Zubik v. Burwell' Oral Arguments; It's 2016, and lawyers are still arguing about birth control."

And online at Bloomberg View, law professor Noah Feldman has an essay titled "What Religious Freedom Means. (It's Complicated.)"
Posted at 08:23 AM by Howard Bashman



"After Garland's nomination, support for hearings remains strong, CNN/ORC poll finds": Jennifer Agiesta of CNN.com has this report.

And The Harvard Crimson has an editorial titled "Supremely Identical: Nominees' similar career paths, not educations, are real problem for Supreme Court."
Posted at 08:20 AM by Howard Bashman



Thursday, March 24, 2016

"Merrick Garland's ex-law clerks: Supreme Court nominee a mentor, ideal boss." Katherine Skiba of The Chicago Tribune has this report.

In Friday's edition of The New York Times, David M. Herszenhorn will have a front page article headlined "Wisconsin Race Frames Dispute Over Supreme Court Nominee."

And Jason Noble of The Des Moines Register reports that "U.S. Supreme court fight hits Iowa radio, TV, web."
Posted at 10:52 PM by Howard Bashman



"Friends, neighbors hail Haywood nomination": Pat Cloonan of The Herald-Standard of Uniontown, Pennsylvania has this report (via "CA3blog").
Posted at 10:38 PM by Howard Bashman


"Immigration law can't discriminate against 'habitual drunkards,' court rules": Maura Dolan of The Los Angeles Times has this report.

And Bob Egelko of The San Francisco Chronicle reports that "Appeals court rules alcoholism an illness, not a moral defect."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:35 PM by Howard Bashman



"A Big, Unexpected Crack Just Formed In The GOP's Wall Of Opposition To Merrick Garland": Ian Millhiser of ThinkProgress has this post today.
Posted at 09:00 PM by Howard Bashman


"The Top Five Supreme Court Nomination Myths: If you think the court hasn't always been a political place, you're wrong." Paul M. Collins Jr. and law professor Lori A. Ringhand have this jurisprudence essay online at Slate.
Posted at 08:12 PM by Howard Bashman


"Prof. Michael McConnell on Zubik Religious Freedom Restoration Act-contraceptive mandate oral argument": Eugene Volokh has this post today at "The Volokh Conspiracy."
Posted at 06:12 PM by Howard Bashman


"Process for filling Supreme Court vacancies damaged, appeals judge says": Brian Bowling of The Pittsburgh Tribune-Review has this article reporting on remarks that Senior D.C. Circuit Judge Douglas H. Ginsburg delivered yesterday at Carnegie Mellon University in Pittsburgh.
Posted at 06:08 PM by Howard Bashman


"Judicial court finds former Justice Eakin guilty and fines him, but spares his pension": Craig R. McCoy and Mark Fazlollah of The Philadelphia Inquirer have a news update that begins, "A judicial tribunal found disgraced former Justice J. Michael Eakin guilty of ethical misconduct in the Porngate scandal on Thursday and fined him $50,000, but allowed him to keep his $153,000 annual pension."

Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania reports that "Pa. Supreme Court Justice Eakin ordered to pay fine, keeps pension over emails."

Brad Bumsted of The Pittsburgh Tribune-Review reports that "Court fines ex-Supreme Court Justice Eakin $50K over lewd emails."

You can access today's 28-page unanimous per curiam ruling of the Pennsylvania Court of Judicial Discipline at this link.
Posted at 06:03 PM by Howard Bashman



"Unresolved in Tyson, uninjured plaintiffs issue back to SCOTUS on Friday": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 04:42 PM by Howard Bashman


"Joe Biden fights back over an old Supreme Court speech: 'There is no Biden rule.'" Michael A. Memoli of The Los Angeles Times has this report.

Richard Wolf and Nicole Gaudiano of USA Today have an article headlined "Biden: Supreme Court vacancy helps 'rich and powerful.'"

Reuters reports that "Biden makes the case for Obama's Supreme Court nominee Garland."

Ariane de Vogue of CNN.com has an article headlined "Joe Biden on Supreme Court nomination: There is no 'Biden rule.'"

Sarah Wheaton and Edward-Isaac Dovere of Politico.com report that "Biden accuses GOP of threatening democracy in Supreme Court standoff; 'Unless we can find common ground, how can the system designed by our founders function,' the vice president says."

And The Associated Press reports that "Susan Collins hopes for hearings on Supreme Court nominee; The Maine senator says she will meet with Judge Merrick Garland in the first week of April."
Posted at 04:32 PM by Howard Bashman



"Blind Spots at D.C. Circuit Limit Garland's Record": Kimberly Robinson of Bloomberg BNA has this report.

And at The Washington Post, James Hohmann has a blog entry titled "Why the campaign to pressure Republicans to confirm Merrick Garland is failing."
Posted at 03:00 PM by Howard Bashman



"Royall Descendant Cautions Against Forgetting History; Long before the current firestorm, the story of Isaac Royall, Jr. quietly lived on in his former house and surviving descendant": Claire E. Parker of The Harvard Crimson has an article that begins, "Controversy erupted this year over Harvard Law School's seal, which featured the crest of the once-slaveholding Royall family. But long before the current firestorm, the story of Isaac Royall, Jr. quietly lived on in his former Massachusetts house -- now a museum -- and his surviving descendants, who caution against forgetting the family's history."
Posted at 02:48 PM by Howard Bashman


In today's mail: I received a copy of William W. Bedsworth's newest book, "Lawyers, Gubs and Monkeys -- Laughing at the Law."

Bedsworth serves as an Associate Justice on California's Fourth District Court of Appeal. Longtime readers of this blog may recall that Bedsworth took part in this blog's "20 questions for the appellate judge" feature way back in June 2004. You can access my interview of him at this link.

For as long as anyone can remember, Bedsworth has written a very clever law-related humor column titled "A Criminal Waste of Space." Back when I was a slightly more conscientious law blogger, I would endeavor to link to the new installments of that column as they became freely accessible online. At some point, however, I stopped doing that, perhaps because the columns stopped being readily accessible online, or perhaps because something else blog-related or non-blog-related happened to demand my attention even more.

In any event, it appears that the more recent installments of Justice Bedsworth's column have found a new home at the OC Lawyer web site of the Orange County (Calif.) Bar Association. But, if you like his stuff as much as I do, just buy his book (here or here), and you'll be able to carry around for your reading enjoyment lots of his good work in one small convenient volume.
Posted at 02:33 PM by Howard Bashman



"Remarks by Vice President Joe Biden at Georgetown Law": You can view Vice President Biden's remarks live on YouTube via this link starting at noon eastern time today.

As I noted in this post from earlier this morning, the Vice President is expected to discuss the issue of U.S. Supreme Court confirmations.
Posted at 11:30 AM by Howard Bashman



"Would Justice Garland have to Recuse from a reargued Zubik v. Burwell?" Josh Blackman has this blog post today.

In my opinion, the answer to that question is "no," for reasons that I look forward to explaining once I confirm which Major League Baseball team the nominee roots for.
Posted at 09:38 AM by Howard Bashman



"Deciphering Supreme Court nominee Merrick Garland": Ames C. Grawert has this post at "The Great Debate" blog of Reuters.
Posted at 08:40 AM by Howard Bashman


"Park Service to continue fight following Supreme Court ruling in Alaska hovercraft case": Sam Friedman of The Fairbanks Daily News-Miner has this report.
Posted at 08:34 AM by Howard Bashman


"Unabomber Case Helped Hone Garland's Legal Skills": Jim Rowley of Bloomberg News has this report.
Posted at 08:32 AM by Howard Bashman


"Joe Biden to Make Case for a Full Supreme Court Bench": Carl Hulse of The New York Times has this blog post.

The Associated Press reports that "Biden to point to record in Supreme Court fight."

And Edward-Isaac Dovere of Politico.com reports that "Biden tries to clear his name on Supreme Court nominees."
Posted at 08:30 AM by Howard Bashman



Wednesday, March 23, 2016

"The Birth Control Hijack: The Supreme Court's conservatives think the Affordable Care Act is hijacking insurance plans to provide contraception." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 10:28 PM by Howard Bashman


"Bush Would Have Nominated Garland": Law professor Richard W. Painter has this op-ed in today's edition of The New York Times.
Posted at 08:37 PM by Howard Bashman


"Court considers when police need warrants to track suspects through cellphones": Ann E. Marimow of The Washington Post has an article that begins, "A federal appeals court on Wednesday considered how easily investigators should be able to track criminal suspects through their cellphones, becoming the latest front in the debate over how to balance public-safety interests with digital privacy."

You can access via this link (127 MB mp3 audio file) the audio of today's en banc oral argument of the U.S. Court of Appeals for the Fourth Circuit.
Posted at 08:32 PM by Howard Bashman



"My Supreme Court Cotillion": Josh Blackman has this blog post today.
Posted at 08:24 PM by Howard Bashman


"Republican Pennsylvania Senator to Meet With Merrick Garland": Emmarie Huetteman of The New York Times has this report.

Jonathan Tamari of The Philadelphia Inquirer has a blog post titled "Toomey will meet with SCOTUS nominee."

Teresa Bonner of The Patriot-News of Harrisburg, Pennsylvania reports that "Toomey agrees to meet Supreme Court nominee, but not to act on nomination."

Michael Pound of The Post-Gazette has a blog post titled "Toomey will meet with Garland but won't change stance."

Laura Olson of The Morning Call of Allentown, Pennsylvania reports that "Pat Toomey says he'll meet with Supreme Court nominee."

And Seung Min Kim of Politico.com reports that "Embattled Toomey agrees to sit with Merrick Garland."
Posted at 08:03 PM by Howard Bashman



"Judicial court freezes proceedings against former Justice Eakin": Mark Fazlollah and Angela Couloumbis have this article in today's edition of The Philadelphia Inquirer.

Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania reports that "Disciplinary court puts case against Pa. Supreme Court Justice Eakin on hold."

And in related commentary, in today's edition of The Philadelphia Inquirer, Rebecca Love Kourlis has an op-ed titled "Eakin resignation creates chance to test merit selection."
Posted at 07:48 PM by Howard Bashman



"Sotomayor Helps Puerto Rico Argue Its Bankruptcy Case": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 06:12 PM by Howard Bashman


"Argument analysis: On new health care case, a single word may tell it all." Lyle Denniston has this post at "SCOTUSblog."

And Mark Walsh has a post titled "A 'view' from the Courtroom: Sister Act."
Posted at 06:10 PM by Howard Bashman



"The Stakes in Hulk Hogan's Gawker Lawsuit": Fabio Bertoni has this post online today at The New Yorker.
Posted at 06:05 PM by Howard Bashman


"Businesses Win Lawsuit Curbs With New Rules; Change could help companies in their battle against consumer litigation": Joe Palazzolo and Jess Bravin of The Wall Street Journal have this report.
Posted at 05:50 PM by Howard Bashman


"Class-Action Suits Have a Shot in Post-Scalia Era": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 02:48 PM by Howard Bashman


"The Supreme Court Flirts With Chaos At Today's Birth Control Argument": Ian Millhiser has this post at ThinkProgress.
Posted at 02:46 PM by Howard Bashman


"Blocked Voting: Was Virginia's clearly racist gerrymandering unconstitutional?" Mark Joseph Stern has this Supreme Court dispatch online at Slate.
Posted at 02:45 PM by Howard Bashman


"If You Give a Judge a Meeting: A children's tale by Sen. Chuck Grassley." Dahlia Lithwick has this post online at Slate.
Posted at 02:42 PM by Howard Bashman


"Justices Seem Split in Case on Birth Control Mandate": Adam Liptak of The New York Times has this report.
Posted at 02:18 PM by Howard Bashman


In today's mail: I received "The Curve: A Novel," by Jeremy Blachman and Cameron Stracher. The book, published by Ankerwycke, is scheduled to go on sale June 7, 2016.
Posted at 02:14 PM by Howard Bashman


Zubik v. Burwell oral argument transcript now available online: You can access at this link the transcript of today's U.S. Supreme Court oral argument in Zubik v. Burwell, No. 14-1418.
Posted at 01:30 PM by Howard Bashman


"Court: Racial animus 'code words' used in NY housing case." The Associated Press has a report that begins, "A federal appeals court says officials in a suburban New York village acquiesced to race-based opposition to a housing project."

You can access today's 102-page ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:18 PM by Howard Bashman



"Justices divided over health law birth control plan": Mark Sherman of The Associated Press has this report.

Lawrence Hurley of Reuters reports that "U.S. top court divided over Obamacare contraceptives challenge."

Greg Stohr of Bloomberg News reports that "Obama Contraceptive Rule Gets Mixed Reception at Supreme Court."

Robert Barnes of The Washington Post reports that "Court appears divided on contraceptive coverage, with Kennedy raising concern."

Richard Wolf of USA Today reports that "Supreme Court deeply divided over religious freedom, reproductive rights."

Tom Howell Jr. of The Washington Times reports that "Birth control carve-out in Obamacare splits the Supreme Court; Liberals are skeptical of implications, raising prospect of tie."

Jennifer Haberkorn and Josh Gerstein of Politico.com report that "Supreme Court hears Obamacare birth control rule challenge."

Cristian Farias of The Huffington Post reports that "Supreme Court Weighs Whether Obamacare's Contraception Exemption 'Hijacks' Religion; The sequel to the 2014 Hobby Lobby case could be the last stand for the conflict between reproductive health and religious rights."

And Peter Sullivan of The Hill reports that "Supreme Court split on ObamaCare contraceptive rule."
Posted at 12:46 PM by Howard Bashman



"All agree his sentence was too harsh, but he may still stay locked up forever": Ann E. Marimow of The Washington Post has this report.
Posted at 09:02 AM by Howard Bashman


"Supreme Court Case on Contraceptives Mandate May Offer Little Closure": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Issue of contraceptive coverage returns to Supreme Court." And Julie Zauzmer has an article headlined "Inside the Catholic nursing home at the center of a contentious Supreme Court case."

Richard Wolf of USA Today reports that "Little Sisters waging big fight at Supreme Court."

Mark Sherman of The Associated Press reports that "Obama health law birth control plan returns to Supreme Court."

Ariane de Vogue of CNN.com reports that "Supreme Court hears challenge to Obamacare contraceptive mandate."

Irin Carmon of msnbc.com reports that "Birth control is back at the Supreme Court."

On today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment titled "Birth Control At The Supreme Court: Does Free Coverage Violate Religious Freedom?"

At the "Democracy in America" blog of The Economist, Steven Mazie has a post titled "Birth control and justice: Little Sisters of the Poor take aim at Obamacare's contraceptive mandate."

Ian Millhiser of ThinkProgress has a post titled "The Supreme Court Case That Could Put Out The Hobby Lobby Fire."

At the "Bill of Health" blog, Greg Lipper has a post titled "Zubik v. Burwell, Part 6: The Accommodation is the Least-Restrictive Option." This post contains links to the earlier five parts of Lipper's discussion of the case.

The Los Angeles Times has an editorial titled "Birth control and Obamacare are on trial yet again in the Supreme Court."

In today's edition of The New York Times, Elizabeth Deutsch -- a student at Yale Law School -- has an op-ed titled "No Contraception? No Equality."

And online at USA Today, Mother Loraine Maguire -- the Mother Provincial for the Little Sisters of the Poor -- has an essay titled "Obamacare attacks religious liberty: Little Sisters Mother Provincial."
Posted at 08:53 AM by Howard Bashman



"Supreme Court Upholds Worker Class-Action Suit Against Tyson": Adam Liptak has this article in today's edition of The New York Times.

Robert Barnes of The Washington Post reports that "Supreme Court deals blow to corporate push against class-action suits."

David G. Savage of The Los Angeles Times reports that "Supreme Court upholds workers' class-action verdict in setback for corporations."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Upholds Employee Class Action Against Tyson Foods; Decision dashes business hopes that court would limit use of statistical evidence in class actions."

Richard Wolf of USA Today reports that "Supreme Court makes some class action lawsuits easier."

Claire Williams of The Arkansas Democrat-Gazette reports that "Tyson loses appeal of $5.8M verdict."

Cristian Farias and Dave Jamieson of The Huffington Post report that "Supreme Court Hands A Major Victory To Workers Who Were Stiffed On Overtime Pay; The case is one of many the court heard while Justice Antonin Scalia was still on the bench."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: Group lawsuits get a (modest?) boost."
Posted at 08:30 AM by Howard Bashman



Tuesday, March 22, 2016

"Appeals court says Colorado sheriffs can't sue governor over gun laws; The 10th Circuit Court of Appeals declined to rule on the constitutionality of two controversial gun laws passed in Colorado in 2013": John Ingold of The Denver Post has this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 10:32 PM by Howard Bashman


"ACLU challenges ruling on right to film police": Jason Nark has this article in today's edition of The Philadelphia Inquirer.
Posted at 10:04 PM by Howard Bashman


"Alaska's hovercraft-riding moose hunter faces legal slog": Robin Bravender of Greenwire has this report.
Posted at 08:32 PM by Howard Bashman


"In Samsung v. Apple, It's Parts Against the Whole": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:30 PM by Howard Bashman


"Zubik v. Burwell: The latest challenge to the Affordable Care Act's contraception mandate could have wide-ranging impacts." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:22 PM by Howard Bashman


"Supreme Court Hints at Originalism's Demise": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 08:16 PM by Howard Bashman


"Appeals court partly dismisses NSA surveillance case as moot": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 08:05 PM by Howard Bashman


"Petition making abortion illegal will not proceed, state Supreme Court rules": Barbara Hoberock of The Tulsa World has an article that begins, "An initiative petition to criminalize abortion will not go forward, the Oklahoma Supreme Court ruled Tuesday. Proposed State Question 782, if put on the ballot and approved by voters, would have made those who perform or receive an abortion guilty of murder."

You can access today's ruling of the Supreme Court of Oklahoma at this link.
Posted at 08:03 PM by Howard Bashman



"Supreme Court: Pender is within Omaha Indian Reservation boundaries; legality of tribe's liquor tax unclear." Paul Hammel of The Omaha World-Herald has this report.

Kevin Abourezk of The Lincoln Journal Star reports that "Supreme Court decision could lead to tribal taxes on Pender businesses."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: History lessons along the old frontier."
Posted at 07:56 PM by Howard Bashman



"Liberal justices lean toward Puerto Rico in debt case": Lawrence Hurley and Nick Brown of Reuters have this report.

Greg Stohr and Michelle Kaske of Bloomberg News report that "Puerto Rico Gets Mixed Reception at U.S. Supreme Court."

Sam Hananel of The Associated Press reports that "High court seems sympathetic to Puerto Rico in debt case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: If only Congress had taken the time to explain . . . ."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Puerto Rico v. Franklin Cal. Tax-Free Trust, No. 15-233.
Posted at 07:44 PM by Howard Bashman



"Supreme Court to Hear Samsung Appeal on Apple Patent Award": Adam Liptak has this article in today's edition of The New York Times.
Posted at 07:22 PM by Howard Bashman


"Families Of 9/11 Victims Confront Painful Memories At Gitmo War Court": This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 07:20 PM by Howard Bashman


"Pa.'s judges reeling from the latest humiliation": In yesterday's edition of The Philadelphia Inquirer, Chris Mondics had an article that begins, "Will the shocks, humiliations and embarrassments that have been plaguing the Pennsylvania judicial system for decades ever come to an end? Scandal has become an enduring theme of the Pennsylvania judiciary."
Posted at 07:14 PM by Howard Bashman


"Lawmakers propose sweeping judicial discipline reform in wake of email scandal": Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania has an article that begins, "Pennsylvania lawmakers have proposed sweeping judicial discipline reform in the wake of the email scandal that has led to the departure of two state Supreme Court justices."

And late today, Pennsylvania's Court of Judicial Discipline issued this order in the case captioned In re: Justice J. Michael Eakin.
Posted at 05:42 PM by Howard Bashman



"Obama's high court nominee moves ahead with U.S. Senate meetings": Reuters has this report.
Posted at 05:32 PM by Howard Bashman


"In Tyson, SCOTUS OKs statistical samples, leaves open uninjured plaintiffs issue": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 05:30 PM by Howard Bashman


"High Court Rulings Give Glimpse of Post-Scalia World": Jess Bravin has this post today at WSJ.com's "Law Blog."

And Cristian Farias of The Huffington Post reports that "Supreme Court Hands Down First 4-To-4 Decision Since Antonin Scalia's Death; The ruling offered a small taste of what an understaffed court is like."
Posted at 05:26 PM by Howard Bashman



"In Criminal Rulings, Garland Has Usually Sided With Law Enforcement": Charlie Savage will have this article in Wednesday's edition of The New York Times.
Posted at 05:23 PM by Howard Bashman


"Supreme Court backs Alaska moose hunter in fight against feds over hovercraft use": Erica Martinson of Alaska Dispatch News has this report.

And Robert Barnes of The Washington Post reports that "High court rules in favor of Alaskan moose hunter, hands case back to lower court."
Posted at 02:09 PM by Howard Bashman



"U.S. High Court Splits 4-4 for First Time Since Scalia Death": Greg Stohr of Bloomberg News has this report.
Posted at 02:03 PM by Howard Bashman


Access Uber's brief for appellant seeking to decertify and send to arbitration the large class action brought by Uber drivers: The U.S. Court of Appeals for the Ninth Circuit has posted the brief online at this link.
Posted at 01:58 PM by Howard Bashman


Eighth Circuit overturns supervised release condition that the defendant obtain no additional tattoos: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 01:40 PM by Howard Bashman


Netflix prevails against U.S. Postal Service in D.C. Circuit battle to keep postage rates lower for DVD-by-mail service: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:28 PM by Howard Bashman


A Sixth Circuit win for the NorCal Tea Party Patriots in that group's ongoing dispute with the IRS: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 01:18 PM by Howard Bashman


"Supreme Court hits first post-Scalia deadlock in bankruptcy case": Richard Wolf of USA Today has this report.
Posted at 01:11 PM by Howard Bashman


"A Partisan Prescription for Paralysis": This editorial appears in today's edition of The New York Times.

And online at The Washington Post, columnist E.J. Dionne Jr. has an essay titled "The Supreme Court fight is about democracy."
Posted at 01:06 PM by Howard Bashman



"Court asks: Do police need a warrant to track your cellphone for months at a time?" Ann E. Marimow of The Washington Post has this report.
Posted at 12:53 PM by Howard Bashman


"Privacy vs. Press: The Hulk Hogan case could force the Supreme Court to finally draw the line between press freedom and privacy; The press might not like it." Law professor Amy Gajda has this jurisprudence essay online at Slate.
Posted at 10:36 AM by Howard Bashman


Access online today's ruling of the U.S. Supreme Court in argued cases: The Court today issued four rulings in argued cases.

1. Justice Clarence Thomas delivered the opinion for a unanimous Court in Nebraska v. Parker, No. 14-1406. You can access the oral argument via this link.

2. Justice Anthony M. Kennedy delivered the opinion of the Court in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146. Chief Justice John G. Roberts, Jr. issued a concurring opinion, in which Justice Samuel A. Alito, Jr. joined in part. And Justice Clarence Thomas issued a dissenting opinion, in which Justice Alito joined. You can access the oral argument via this link.

3. Chief Justice Roberts delivered the opinion for a unanimous Court in Sturgeon v. Frost, No. 14-1209. You can access the oral argument via this link.

4. And the Court issued a per curiam affirmance by an equally divided Court in Hawkins v. Community Bank of Raymore, No. 14-520, a case argued on October 5, 2015 (the very first day of the Term). You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Justices uphold $5.8 million award against Tyson Foods" and "High court's tie vote upholds loan bias ruling."

Lawrence Hurley of Reuters reports that "U.S. top court rules against Tyson Foods in class action case" and "U.S. top court backs moose hunter in Alaska hovercraft case."

And Greg Stohr of Bloomberg News reports that "Tyson Loses as High Court Upholds $5.8 Million Worker Award."
Posted at 10:04 AM by Howard Bashman



"Garland is no sure bet on overturning Citizens United": Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay in the Daily Journal of San Francisco.
Posted at 09:57 AM by Howard Bashman


"Constitution Check: Where does the Second Amendment stand now?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:53 AM by Howard Bashman


"High court weighs whether to spare Texas man from execution": The Associated Press has a report that begins, "The U.S. Supreme Court was considering whether a Texas man who killed a city worker in 2005 should be spared from a lethal injection, as his lawyers argue that a ban on executing mentally impaired prisoners should be extended to him."
Posted at 09:52 AM by Howard Bashman


"Are Stun Guns Protected By Second Amendment? Supreme Court Suggests Yes." This audio segment featuring Nina Totenberg appeared on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 09:50 AM by Howard Bashman


"7 GOP senators once moved in favor of man Obama nominated": The Associated Press has this report.
Posted at 09:44 AM by Howard Bashman


"Gun dealers who sell to criminals can be liable to shooting victims: new ruling." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 09:40 AM by Howard Bashman


"Puerto Rico takes restructuring law to U.S. high court": Reuters has this report.
Posted at 09:37 AM by Howard Bashman


"Donald Trump Offers Conservatives a Deal on Supreme Court": Tessa Berenson of Time magazine has this report.
Posted at 09:36 AM by Howard Bashman


Monday, March 21, 2016

"Appeals Court Sends 'Smelly Washer' Class Action Back For Another Look": Daniel Fisher has this post at Forbes.com about a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 10:48 PM by Howard Bashman


"Republican senators skipping recess to block Obama Supreme Court appointment": Stephen Dinan of The Washington Times has this report.
Posted at 08:32 PM by Howard Bashman


"Supreme Court says Oakland can't help fight pot dispensary closure": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 08:30 PM by Howard Bashman


"Bishop Zubik lead plaintiff in Obamacare challenge in Supreme Court": Tracie Mauriello has this front page article in today's edition of The Pittsburgh Post-Gazette.

Bradford Richardson of The Washington Times has an article headlined "Nuns' contraceptive mandate case to come before Supreme Court; Little Sisters of the Poor to argue against accommodation."

Kelsey Dallas of The Deseret News has an article headlined "What the latest challenge to the Affordable Care contraception mandate means for religious believers."

And today's edition of The New York Times contains an editorial titled "Religion and Birth Control at the Supreme Court."
Posted at 08:27 PM by Howard Bashman



"Roles of Race and Partisanship in Legislative Maps Argued at Supreme Court": Adam Liptak of The New York Times has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: What does incumbency mean when the election is held?"

Update: In other coverage, Jess Bravin of The Wall Street Journal reports that "Supreme Court Skeptical of Virginia Congressman's Claim of Right to Favorable Voting Map; Republican Rep. Randy Forbes claims that a lower court order voiding Virginia's congressional map harmed his chance of re-election."
Posted at 08:20 PM by Howard Bashman



"U.S. top court weighs racketeering law's scope in R.J. Reynolds case": Lawrence Hurley of Reuters has this report.
Posted at 05:11 PM by Howard Bashman


"U.S. Law Is So Great Even Europeans Want to Use It": Law professor Noah Feldman has this essay online at Bloomberg View.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in RJR Nabisco, Inc. v. European Community, No. 15-138.
Posted at 05:00 PM by Howard Bashman



"The Second Amendment expands, but maybe not by much": Lyle Denniston has this post at "SCOTUSblog."
Posted at 04:57 PM by Howard Bashman


"Why Hulk Hogan's $115 Million Gawker Verdict Is a Signpost for the Future: Emboldened public figures, using sharper tactics, may be able to get their cutting-edge privacy disputes to juries not willing to give the American media any breaks." Eriq Gardner has this post today at the "THR, Esq." blog of The Hollywood Reporter.
Posted at 03:16 PM by Howard Bashman


"Who's Afraid of Merrick Garland?" Amy Davidson has this post online today at The New Yorker.
Posted at 02:54 PM by Howard Bashman


"Supreme Court may decide against Va. Republicans in redistricting fight": Robert Barnes and Jenna Portnoy of The Washington Post have this report.

Richard Wolf of USA Today reports that "Supreme Court's liberals flex their muscles."

And Mark Sherman of The Associated Press reports that "Justices likely to reject GOP appeal over Virginia districts."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Wittman v. Personhuballah, No. 14-1504.
Posted at 01:52 PM by Howard Bashman



"Sorry, Hulk Hogan, the First Amendment Is on Gawker's Side": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 01:30 PM by Howard Bashman


"U.S. Supreme Court to hear Apple v. Samsung patent feud": Howard Mintz of The San Jose Mercury News has this report.
Posted at 01:18 PM by Howard Bashman


"Supreme Court orders SJC to reconsider stun gun ruling": Martin Finucane and John R. Ellement of The Boston Globe have this report.

David G. Savage of The Los Angeles Times reports that "Supreme Court suggests 2nd Amendment protects carrying a stun gun."

Richard Wolf of USA Today reports that "Supreme Court questions Massachusetts' stun gun ban."

And Cristian Farias of The Huffington Post reports that "Supreme Court Almost Ruled That Stun Guns Are Protected By The Second Amendment; But Justices Samuel Alito and Clarence Thomas would've gone farther."
Posted at 01:06 PM by Howard Bashman



"Gawker could still win Hulk Hogan case despite $115 million verdict: legal experts." Reuters has this report.
Posted at 12:10 PM by Howard Bashman


"Supreme Court Declines to Hear Challenge to Colorado's Marijuana Laws": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Supreme Court turns down case that challenges Colorado marijuana law."

David G. Savage of The Los Angeles Times reports that "Supreme Court rejects challenge to Colorado marijuana law from other states."

Richard Wolf and Trevor Hughes of USA Today report that "Justices won't hear Nebraska, Oklahoma marijuana dispute with Colorado."

John Ingold and Ricardo Baca of The Denver Post report that "Supreme Court denies Oklahoma and Nebraska challenge to Colorado pot; Even though SCOTUS denied to hear Oklahoma and Nebraska's pot suit against Colorado, the plaintiff states can still take their case to U.S. District Court."

Chris Casteel of The Oklahoman reports that "Supreme Court rejects Oklahoma challenge to Colorado pot laws."

And Joseph Morton of The Omaha World-Herald reports that "Supreme Court rejects Nebraska, Oklahoma's challenge to Colorado pot law."
Posted at 11:28 AM by Howard Bashman



"Supreme Court nominee Garland bows out of more cases": Josh Gerstein of Politico.com has a blog post that begins, "Supreme Court nominee and D.C. Circuit Court of Appeals Chief Judge Merrick Garland begged off at least nine more court cases in recent days, signaling that he is suspending his work as chief judge on that court through at least mid-April."
Posted at 11:20 AM by Howard Bashman


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

The Court issued a summary per curiam decision in Caetano v. Massachusetts, No. 14-10078. Justice Samuel A. Alito issued an opinion concurring in the judgment, in which Justice Clarence Thomas joined.

And in Nebraska v. Colorado, No. 144, Orig., Justice Thomas issued a dissent, in which Justice Alito joined, from the denial of the motion for leave to file complaint.

In early news coverage, The Associated Press reports that "Justices will hear Samsung-Apple patent dispute"; "Justices order new look at Massachusetts stun gun law"; "Supreme Court rejects states' challenge to Colorado pot law"; "High court won't hear dispute over Oklahoma license plate"; "High court rejects appeal over ban on guns at post offices"; and "High court rejects Ohio's appeal in case of police official."

Lawrence Hurley of Reuters reports that "U.S. top court throws out Massachusetts stun gun ruling"; "U.S. top court agrees to hear Samsung-Apple patent fight"; "U.S. top court rejects suit against Colorado over marijuana law"; and "U.S. top court rejects EA Sports' appeal over Madden videogame."

And Greg Stohr of Bloomberg News reports that "Stun-Gun Rights Backed by Unanimous U.S. Supreme Court"; "Samsung Gets Supreme Court Hearing on Apple Patent Award"; "Colorado's Neighbors Rejected by High Court Over Marijuana"; "Interest-Rate Cap Appeal Draws U.S. Supreme Court Inquiry"; and "Electronic Arts Spurned by Top U.S. Court on NFL Ex-Player Suit."
Posted at 09:33 AM by Howard Bashman



"Scalia, Alito Court Absences Shape Puerto Rico Debt-Relief Bid": Greg Stohr and Michelle Kaske of Bloomberg News have this report.
Posted at 08:23 AM by Howard Bashman


"John Roberts Criticized Supreme Court Confirmation Process, Before There Was a Vacancy": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 08:22 AM by Howard Bashman


"First Step in Conservatives' Supreme Court Fight: Agreeing on a Message." Eric Lipton has this front page article in today's edition of The New York Times.
Posted at 08:19 AM by Howard Bashman


Sunday, March 20, 2016

"NY killer off death row as definition of disabled gets tweak": The Associated Press has this report. According to the article, "Wilson, 32, and others like him are at the center of a debate over how to enforce a nearly two-year-old U.S. Supreme Court ruling that adds more specificity to the concept that it is cruel and unusual punishment to execute killers who are intellectually disabled."
Posted at 10:09 PM by Howard Bashman


"Will The Supreme Court Nomination Fight Cost This Senator His Seat?" This audio segment appeared on yesterday's broadcast of NPR's "Weekend Edition Saturday."
Posted at 09:36 PM by Howard Bashman


"How the Little Sisters of the Poor case puts religious liberty at risk": Law professor Douglas Laycock has this essay online at The Washington Post.
Posted at 09:27 PM by Howard Bashman


"Threatening Letter Sent to Donald Trump's Sister Prompts Investigation: Source." NBC News has a report that begins, "Donald Trump's older sister, federal appeals court judge Maryanne Trump Barry, received a threatening letter in Philadelphia on Friday -- one day after the GOP front-runner's son received a suspicious piece of mail containing white powder, sources told NBC News."
Posted at 09:25 PM by Howard Bashman


"Garland Shouldn't Be Considered After Election, McConnell Says": Nicholas Fandos of The New York Times has this report.

Tom Howell Jr. of The Washington Times has an article headlined "Senate Minority Leader Harry Reid: GOP senators will buck leadership on Supreme Court pick."

CNN.com has a report headlined "McConnell: No lame duck confirmation."

Bloomberg News reports that "McConnell Rules Out Vote on Garland Even If Hillary Clinton Wins."

And Patrick Temple-West of Politico.com reports that "Feud over Supreme Court pick puts Senate leaders on defensive over old remarks."
Posted at 07:38 PM by Howard Bashman



"Va. Republicans take redistricting fight to the Supreme Court": Robert Barnes and Jenna Portnoy of The Washington Post have this report.
Posted at 07:03 PM by Howard Bashman


"Scalia death a blow to Obamacare contraception challengers": Lawrence Hurley of Reuters has this report.
Posted at 03:55 PM by Howard Bashman


"Scalia's death could affect politically tinged cases": Mark Sherman of The Associated Press has this report.
Posted at 03:54 PM by Howard Bashman


"Court Politics": Jeffrey Toobin will have this Comment in the Talk of the Town section of the March 28, 2016 issue of The New Yorker.
Posted at 03:45 PM by Howard Bashman


From today's broadcast of the CBS News program "Face the Nation": Via YouTube, you can access video segments titled "Merrick Garland's Supreme Court nomination" (featuring Jan Crawford and Miguel A. Estrada) and "John Kasich: Senate GOP 'probably ought' to meet with Merrick Garland."
Posted at 02:04 PM by Howard Bashman


"An Advocate's View of Judge Garland in Criminal Cases": Steve Klepper has this post today at the " Maryland Appellate Blog."
Posted at 01:54 PM by Howard Bashman


"Scalia's seat should be kept open": Law professor John Yoo has this essay in today's edition of The Philadelphia Inquirer.
Posted at 01:48 PM by Howard Bashman


"Sen. Toomey tries to deflect focus on his Supreme Court stance": Jonathan Tamari of The Philadelphia Inquirer has this report.
Posted at 01:44 PM by Howard Bashman


"Religious Liberty Claims Run Amok": Kenneth Jost has this post today at his blog, "Jost on Justice."
Posted at 01:42 PM by Howard Bashman


"Flawed ethics reviews, sharp criticism, and a justice's path to resignation": Craig R. McCoy, Angela Couloumbis, and Mark Fazlollah have this article in today's edition of The Philadelphia Inquirer.
Posted at 01:38 PM by Howard Bashman


Saturday, March 19, 2016

"At Harvard, Garland urged debate on ROTC": Annie Linskey has this front page article in today's edition of The Boston Globe.
Posted at 09:54 PM by Howard Bashman


"Rebecca Bradley, JoAnne Kloppenburg clash again during debate; Supreme Court foes discuss ethics, Bradley's controversial writings": Patrick Marley of The Milwaukee Journal Sentinel has an article that begins, "State Supreme Court Justice Rebecca Bradley and her opponent, JoAnne Kloppenburg, clashed during a debate Friday over how to handle cases, ethics rules for judges and Bradley's writings from 24 years ago that called abortion 'murder' and used a derogatory term for gays."
Posted at 09:48 PM by Howard Bashman


"Pa. Justice Dougherty treated for possible concussion after attack near City Hall": In today's edition of The Philadelphia Inquirer, Brian X. McCrone and Julie Shaw have an article that begins, "Pennsylvania Supreme Court Justice Kevin Dougherty was attacked by a panhandler Friday evening in Center City as he left a restaurant with his family, police and a source close to the family said. The attack, about 6 p.m. near 15th and Market Streets, was described by a police official and the source as random and unprovoked."

Today, Justine McDaniel and Julie Shaw of The Philadelphia Inquirer have a news update headlined "Mother of alleged Dougherty assailant: 'He begs for help.'"

In other coverage, Rebecca Jones of The Patriot-News of Harrisburg, Pennsylvania reports that "State Supreme Court justice hospitalized after assault in Philadelphia."

And The Associated Press reports that "Judge walking toward City Hall hit in face, goes to hospital."
Posted at 09:40 PM by Howard Bashman



"Considering whether Haywood is qualified through the lens of an appeal she lost": Matthew Stiegler had this post yesterday at his "CA3blog."
Posted at 09:20 PM by Howard Bashman


"FAN 101.2 (First Amendment News) Judge Garland on the First Amendment: Opinions & Votes." Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 08:35 PM by Howard Bashman


"Obamacare's Birth-Control 'Exemption' Still Tramples on Rights": Constance Veit has this op-ed in today's edition of The New York Times.
Posted at 08:32 PM by Howard Bashman


"The respectful disagreements of Judge Merrick Garland": Robert Barnes has this front page article in today's edition of The Washington Post.
Posted at 08:30 PM by Howard Bashman


"Obamacare Again? A second chance for the Little Sisters." Ilya Shapiro and Josh Blackman have this article in the March 28, 2016 issue of The Weekly Standard.

And at the "Bill of Health" blog, Greg Lipper has posts titled "Zubik v. Burwell, Part 1: Why Paperwork Does Not Burden Religious Exercise"; "Zubik v. Burwell, Part 2: The Religious Objectors Who Cried Wolf"; and "Zubik v. Burwell, Part 3: Birth Control Is Not Abortion."
Posted at 08:23 PM by Howard Bashman



"John Kasich: I'd consider nominating Merrick Garland to Supreme Court." CBS News has this report.
Posted at 08:16 PM by Howard Bashman


"Garland would move Supreme Court to left, but how far?" Mark Sherman of The Associated Press has this report.

And The AP also has reports headlined "Obama, Republicans take Supreme Court fight to airwaves" and "Supreme Court pick present a political puzzle for Clinton."
Posted at 08:00 PM by Howard Bashman



"What Do You Need to Do to Be a Supreme Court Justice?" Ian Millhiser will have this essay in the Sunday Review section of tomorrow's edition of The New York Times.
Posted at 01:12 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: More Brooding Spirits, C.J. Garland Edition." Aaron Nielson has this blog post at the Yale Journal on Regulation.
Posted at 12:54 PM by Howard Bashman


"Texas Abortion Law Has Women Waiting Longer, and Paying More": Abby Goodnough will have this article in Sunday's edition of The New York Times.
Posted at 09:54 AM by Howard Bashman


"Merrick Garland Often Deferred to Government in Guantanamo Cases": Charlie Savage has this article in today's edition of The New York Times.
Posted at 09:53 AM by Howard Bashman


"Do Republicans really think Donald Trump will make a good Supreme Court choice?" Columnist George F. Will has this essay online at The Washington Post.
Posted at 09:50 AM by Howard Bashman


Friday, March 18, 2016

"The Risk of Playing Politics With the Supreme Court": Gregory B. Craig has this op-ed in today's edition of The New York Times.
Posted at 08:16 PM by Howard Bashman


"Merrick Garland Battle Moves to Home Front as Senate Recesses": David M. Herszenhorn will have this article in Saturday's edition of The New York Times.

And Reuters reports that "Obama allies to press Republicans on U.S. high court nomination."
Posted at 08:10 PM by Howard Bashman



In today's mail: I received the Winter 2016 issue of The Green Bag.

Therein, Seventh Circuit Judge Richard A. Posner has an article titled "What Is Obviously Wrong With the Federal Judiciary, Yet Eminently Curable, Part I."

Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has an article titled "Celebrity Justice: Supreme Court Edition."

And law professor Barry Cushman has an article titled "Justice Brandeis and Substantive Due Process."
Posted at 08:02 PM by Howard Bashman



"Obama's choice of Garland complicates presidential campaign": The Associated Press has this report.
Posted at 07:42 PM by Howard Bashman


"Jury awards Hulk Hogan $115 million in Gawker lawsuit": Anna M. Phillips of The Tampa Bay Times has this report.

Kristen Mitchell of The Tampa Tribune reports that "Jurors award Hulk Hogan $115 million in Gawker sex video lawsuit."

And Reuters reports that "Wrestler Hulk Hogan wins $115 million in sex tape suit against Gawker."
Posted at 07:28 PM by Howard Bashman



"Garland selection proves that to Obama, DC doesn't count": Mark Plotkin has this essay online at The Hill.
Posted at 05:20 PM by Howard Bashman


"Mark Kirk is first Republican senator to call for vote on Garland": Mike DeBonis of The Washington Post has this report.
Posted at 04:30 PM by Howard Bashman


"Where Merrick Garland Stands: A Close Look at His Judicial Record." Adam Liptak has this front page article in today's edition of The New York Times.
Posted at 04:28 PM by Howard Bashman


"Supreme Court nominee Garland, unlike Scalia, rarely dissents": Richard Wolf of USA Today has this report.
Posted at 04:22 PM by Howard Bashman


"Supreme Court nominee Merrick Garland has tutored these D.C. schoolkids for years": Perry Stein of The Washington Post has this report.
Posted at 04:20 PM by Howard Bashman


"President Obama Nominates Justice Lisabeth Tabor Hughes to Serve on the United States Court of Appeals": The White House issued this news release yesterday.

In news coverage, Joseph Gerth of The Louisville Courier-Journal reports that "Obama nominates Louisvillian to 6th Circuit Court."

Today, however, Gerth has a news update headlined "McConnell rejects Obama choice of Ky judge."
Posted at 04:18 PM by Howard Bashman



"Garland Nomination the Latest Move in Democrats' Game of Thrones": Jonah Goldberg has this essay online at National Review.
Posted at 01:52 PM by Howard Bashman


"Garland: Law, Not Justice, as Hallmark of Career." Kenneth Jost has this post today at his blog, "Jost on Justice."
Posted at 01:48 PM by Howard Bashman


"The Nomination of Merrick Garland Is a Victory for Judicial Restraint; The appellate judge enforces rights enumerated in the Constitution while deferring to legislatures and elected officials when the Constitution doesn't speak clearly": Jeffrey Rosen has this essay online at The Atlantic.
Posted at 01:44 PM by Howard Bashman


"Garland meets Democrats, Senate recesses, groups up pressure": The Associated Press has this report.
Posted at 01:30 PM by Howard Bashman


"Merrick Garland worthy of US Supreme Court, says Indianapolis colleague Larry Mackey": Vic Ryckaert has this front page article in today's edition of The Indianapolis Star.
Posted at 01:26 PM by Howard Bashman


"Democrats plan push to force hearings on Supreme Court nomination": Mike DeBonis and Juliet Eilperin have this front page article in today's edition of The Washington Post.
Posted at 01:23 PM by Howard Bashman


"Pence to make first Supreme Court appointment": Kristine Guerra of The Indianapolis Star has an article that begins, "As national party leaders bicker over when Supreme Court Justice Antonin Scalia's vacancy should be filled, Indiana's highest court will soon have a new justice on the bench."
Posted at 01:14 PM by Howard Bashman


"Is Judge Garland a Liberal? Wikipedia Editors Battle to Save Facts From Politics." April Glaser of Wired.com has this report.

Perhaps the Wikipedia entry can soon be updated to note which Major League Baseball team the nominee roots for. In the absence of the answer to that question arriving on its own today (see "Contact" link above featuring my blog-related email address), I may need to begin actively seeking to obtain the answer using my reportorial "skills" early next week.
Posted at 11:25 AM by Howard Bashman



"Bernie Sanders Would Ask Obama To Withdraw Merrick Garland's Nomination If Elected; In his view, the judge is not progressive enough": Cristian Farias of The Huffington Post has this report.
Posted at 11:18 AM by Howard Bashman


"Supreme Court Nominee Pushes Ahead; Senate Republicans remain steadfast in opposition to nomination": Jess Bravin has this article in today's edition of The Wall Street Journal.
Posted at 11:15 AM by Howard Bashman


"Supreme Court nominee Merrick Garland has a record of restraint, not activism": David G. Savage has this news analysis on the front page of today's edition of The Los Angeles Times.
Posted at 11:12 AM by Howard Bashman


"What Sort of Writer Is Merrick Garland? Seven Clues." Ross Guberman has this blog post today.
Posted at 11:08 AM by Howard Bashman


In Bashman-related news from London: In the most Bashman-related news headline ever in this blog's long history of covering Bashman-related news from across the globe, The Independent (UK) has an article headlined "Police allegedly tell south London bar to stop playing 'John Paul' (Sean Paul) and 'bashman' (bashment); Bashman Bashman Bashman them bars up to something."
Posted at 11:02 AM by Howard Bashman


"Obama: Refusal To Consider Nominee Damages Public's Faith In The Judiciary." This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition." NPR has also posted online this transcript of the interview.
Posted at 08:20 AM by Howard Bashman


Thursday, March 17, 2016

"Merrick Garland's Path to Nomination Marked by Deference, With Limits": Sheryl Gay Stolberg and Adam Liptak have this front page article in today's edition of The New York Times.

And in Friday's edition of that newspaper, Michael D. Shear and Eric Lipton will have an article headlined "Obama Mobilizes Campaign Veterans to Push for Court Nominee." And David M. Herszenhorn will have an article headlined "Merrick Garland Visits Capitol as G.O.P. Digs In Against Vote."
Posted at 10:18 PM by Howard Bashman



"Why the GOP Should #GoWithGarland": Jason P. Steed has this blog entry today at The Huffington Post.
Posted at 10:02 PM by Howard Bashman


"In Porngate case, prosecutors urge that most serious charge against Eakin be dropped": Mark Fazlollah and Craig R. McCoy of The Philadelphia Inquirer have an article that begins, "Prosecutors in the ethics case against former state Supreme Court Justice J. Michael Eakin on Thursday urged that the most serious charge against him in the Porngate scandal be dropped, a step that would let the justice keep his $153,000 annual pension."

And The Associated Press has a report headlined "Pennsylvania ex-justice in lewd email case may keep pension."

You can access via this link today's filings in the case in the Court of Judicial Discipline of Pennsylvania.
Posted at 10:00 PM by Howard Bashman



"High-Court Nominee Merrick Garland Staked Out Differences With Liberal, Conservative Judges When Needed; Judge parted with liberals on some criminal matters and conservatives on regulatory power, court access": Brent Kendall and Joe Palazzolo of The Wall Street Journal have this report.
Posted at 09:50 PM by Howard Bashman


"Oklahoma City bombing deeply affected Supreme Court nominee Merrick Garland": Del Quentin Wilber and David G. Savage of The Los Angeles Times have this report.
Posted at 09:44 PM by Howard Bashman


"Ideological Imbalance: Why Democrats usually pick moderate-liberal justices and Republicans usually pick conservative ones." Lawrence Baum and law professor Neal Devins have this jurisprudence essay online at Slate.
Posted at 05:12 PM by Howard Bashman


"Merrick Garland Would Shift the Court Decisively Leftward; It's why Republicans are vowing to block him": Law professor Eric Posner has this jurisprudence essay online at Slate.
Posted at 04:17 PM by Howard Bashman


"What Data Science Tells Us about Merrick Garland": This post appears today at "Unravel | Ravel Law's Blog." Unfortunately, data science does not appear to tell us which Major League Baseball team he roots for.
Posted at 03:25 PM by Howard Bashman


"What is it that the supreme court does, anyway?" Eric Posner has this blog post today.
Posted at 03:21 PM by Howard Bashman


"ACA Accommodation:Slight Burden or Evil Means?" Kimberly Robinson of Bloomberg BNA has this report.
Posted at 03:18 PM by Howard Bashman


"On the Supreme Court Battlefield": In the March 24, 2016 issue of The New York Review of Books, law professor Jeremy Waldron has this review of law professor Cass R. Sunstein's book "Constitutional Personae: Heroes, Soldiers, Minimalists, and Mutes."
Posted at 02:00 PM by Howard Bashman


"A Beginner's Guide To The Inane Supreme Court Nomination Process": Jay Willis has this post at Deadspin's "Adequate Man" blog.
Posted at 01:53 PM by Howard Bashman


"Exotic dancer given nearly 3 years for tax fraud": This article appeared in The Argus Leader of Sioux Falls, South Dakota in October 2014.

Today. a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued this decision affirming the judgment of conviction and sentence.
Posted at 01:30 PM by Howard Bashman



"Standout in the law, Garland would blend in at Supreme Court": Mark Sherman of The Associated Press has this report.
Posted at 01:14 PM by Howard Bashman


"Constitution Check: What is the reason the Senate GOP won't act on Judge Garland?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:05 PM by Howard Bashman


"Supreme Court Nihilism: The GOP's treatment of Merrick Garland is disgraceful." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 11:28 AM by Howard Bashman


"Obama Picked a Stellar Judge. He Could Have Done Better." Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 11:24 AM by Howard Bashman


"Merrick goes back to first principles when deciding things like which ski run to take when we're skiing together." So stated Seth P. Waxman during a video segment titled "Who is Merrick Garland? Legal analysts review his record -- and his chance" on yesterday evening's broadcast of The PBS NewsHour.

Yesterday evening's broadcast also contained a video segment titled "Defying Congressional GOP, Obama chooses D.C. judge for Supreme Court."
Posted at 11:20 AM by Howard Bashman



"A look at Third Circuit nominee Rebecca Haywood's qualifications": Matthew Stiegler has this post at his "CA3blog," along with a related post titled "Haywood background round-up [updated]."
Posted at 10:42 AM by Howard Bashman


"Merrick Garland's instinct for the middle could put him in the court's most influential spot": Robert Barnes of The Washington Post has this report.

And in a more lighthearted take, online at The Washington Post, Alexandra Petri has an essay titled "Obama: Merrick Garland is a beautiful cinnamon roll, too good for this world, too pure."
Posted at 10:38 AM by Howard Bashman



"A 'view' from the Rose Garden: Sunny side up for Garland nomination." Mark Walsh has this post at "SCOTUSblog."
Posted at 09:12 AM by Howard Bashman


"Obama's Pick Would Help the Court. (Liberal Causes, Not So Much.)" Law professor Cass R. Sunstein has this essay online at Bloomberg View.
Posted at 09:08 AM by Howard Bashman


"Supreme court nominee's prom date, canoeing misadventure, more": Mitch Dudek and Lynn Sweet of The Chicago Sun-Times have this report.

And John Keilman, Angie Leventis Lourgos, and Ted Gregory of The Chicago Tribune have an article headlined "Niles West classmates recall 'all-everything' Garland."

Still no word concerning which Major League Baseball team, if any, the nominee roots for. Quick research reveals, however, that Chief Judge Garland has been involved in at least one baseball cap-related appellate ruling.
Posted at 09:03 AM by Howard Bashman



"The Senate Must Deny Obama's Bid to Transform the Supreme Court": Andrew C. McCarthy has this essay online at National Review.

And Kevin D. Williamson has an essay titled "Merrick Garland's 'Moderation.'"
Posted at 08:57 AM by Howard Bashman



"Bring It On": In today's edition of The New York Times, Linda Greenhouse has an op-ed that begins, "So it's going to be the Bork Battle all over again, is it?"
Posted at 08:52 AM by Howard Bashman


Wednesday, March 16, 2016

"Garland's lack of standout opinions a boon in confirmation fight; If Senate Republicans relent on confirmation hearing, they will find few partisan bombshells in his record": Josh Gerstein of Politico.com has this report, along with an article headlined "Supreme Court nominee dilemma: What about the day job?"

And Sarah Wheaton of Politico.com reports that "Progressives grouse about Obama's Supreme Court pick; Liberals lament the lost opportunity to rally the base around a more progressive nominee."
Posted at 09:32 PM by Howard Bashman



"Utah woman sues prosecutor -- now a federal judge -- alleging he sexually abused her in 1981; Utah A.G.'s probe substantiates sexual relationship of Richard Warren Roberts and Terry Elrod Mitchell, then 16, during serial killer's trial": Jennifer Dobner and Robert Gehrke of The Salt Lake Tribune have this report.

Dennis Romboy of The Deseret News reports that "Salt Lake woman accuses federal judge of raping her as a teenager."

And Rachael Bade of Politico.com reports that "Federal judge accused of decades-old rape, Congress steps in; Judge Richard Warren Roberts acknowledges an intimate relationship but calls the allegations categorically false."

Today, Chief Judge Richard W. Roberts of the U.S. District Court for the District of Columbia notified President Obama that he was retiring from his judgeship due to permanent disability.
Posted at 09:14 PM by Howard Bashman



"Merrick Garland belongs on the court": Law professor Michael Gerhardt has this "Supreme Court Breakfast Table" entry online at Slate.
Posted at 09:00 PM by Howard Bashman


"For Supreme Court Nominee Merrick Garland, Law Prevails Over Ideology; President Obama's choice is viewed widely as a middle-of-the road judge who has avoided strong ideological opinions": Jess Bravin and Brent Kendall of The Wall Street Journal have this report.
Posted at 08:56 PM by Howard Bashman


"Merrick Garland Is Obama's Rope-a-Dope Nominee : The president has learned to let the GOP punch itself out." Jim Newell has this essay online at Slate.
Posted at 08:07 PM by Howard Bashman


"Merrick Garland Is Being Smeared as an Anti-Gun Nut; Conservatives are trying to paint him as a warrior against the Second Amendment; They have no evidence for that whatsoever": Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 08:00 PM by Howard Bashman


"Analysis: Obama dares GOP to let Clinton, Trump pick justice." Josh Lederman of The Associated Press has this report.
Posted at 07:56 PM by Howard Bashman


"As appellate judge, Garland viewed as friend of government regulators": Lawrence Hurley of Reuters has this report.
Posted at 07:50 PM by Howard Bashman


"Merrick Garland Is a Great Pick; That May Not Matter; Obama's Supreme Court nominee is the least political, most conciliatory choice; Whether that's strategy or naivete, confirmation is still unlikely": Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 06:12 PM by Howard Bashman


"Justice in moderation: In a Q&A, Laurence Tribe explains how Merrick Garland's long service makes him a well-vetted candidate for U.S. Supreme Court." The Harvard Gazette has this report.
Posted at 06:09 PM by Howard Bashman


"Supreme Court Nominee Maintains Close Harvard Ties": Claire E. Parker of The Harvard Crimson has this report.
Posted at 05:36 PM by Howard Bashman


"Obama Nominates Merrick Garland To Supreme Court": This audio segment featuring Nina Totenberg appeared on today's broadcast of WBUR's "Here & Now."

Today's broadcast of WAMU's "The Diane Rehm Show" contained an audio segment titled "President Obama's Supreme Court Nominee" featuring Julie Hirschfeld Davis of The New York Times and law professor Garrett Epps.

And WBUR's "On Point with Tom Ashbrook" has an audio segment titled "Obama Taps Merrick Garland As Supreme Court Nominee" featuring Jeffrey Rosen and law professor Randy Barnett.
Posted at 04:38 PM by Howard Bashman



Access the writings of Merrick Garland, reporter for The Harvard Crimson: Via this link. His articles bear datlines spanning from early 1972 through the end of 1973. His final article was headlined "McDonald's Offers Hamburger Reward For Pints of Blood."

Additional mentions of Garland in The Crimson can be accessed via this link.
Posted at 03:20 PM by Howard Bashman



"Merrick Garland, President Obama's Sensible Supreme Court Choice": Lincoln Caplan has this post online today at The New Yorker.
Posted at 03:14 PM by Howard Bashman


"Senate GOP leaders challenge wording of referendum to raise retirement age for judges": Jan Murphy of The Patriot-News of Harrisburg, Pennsylvania has this report.

The Associated Press reports that "Senate GOP challenges wording of judges' age ballot question."

And in today's edition of The Philadelphia Daily News, political columnist John Baer has an essay titled "A Wolf vs. GOP wordplay scuffle."
Posted at 03:06 PM by Howard Bashman



"The Law Makes It Easier to Traffic Teens for Sex": Law professor Noah Feldman has this essay online at Bloomberg View.

My earlier coverage of Monday's First Circuit ruling appears here and here.
Posted at 02:57 PM by Howard Bashman



"Garland Could Claim U.S. Supreme Court's Ideological Center": Greg Stohr of Bloomberg News has this report.
Posted at 02:53 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: Brooding Spirits, C.J. Garland Edition." Aaron Nielson has this post today at the blog of the Yale Journal on Regulation.
Posted at 02:28 PM by Howard Bashman


"Meet Merrick Garland, President Obama's Supreme Court Nominee": The White House has posted this video online at YouTube.

In addition, the White House has posted online at this link the transcript of today's remarks from the President and the nominee in the Rose Garden..
Posted at 02:24 PM by Howard Bashman



Access online Slate's "Supreme Court Breakfast Table": Mark Joseph Stern has an entry titled "Merrick Garland is an extraordinarily disappointing choice."

And Dahlia Lithwick has an entry titled "Cut Merrick Garland some slack."

Of course, the paramount question with any of Slate's "Supreme Court Breakfast Tables" is if/when Seventh Circuit Judge Richard A. Posner will swoop down to start posting.
Posted at 02:14 PM by Howard Bashman



"Don't let Eakin avoid a trial": This editorial appears in today's edition of The Philadelphia Inquirer.

The Citizens' Voice of Wilkes-Barre, Pennsylvania has an editorial titled "Justice system's 'old-boy network' is on the way out."

And The Pittsburgh Tribune-Review has an editorial titled "Justice Eakin retires: A few object lessons."
Posted at 01:40 PM by Howard Bashman



"Obama picks moderate for Supreme Court as Senate battle looms": Reuters has this report.
Posted at 01:25 PM by Howard Bashman


"Obama Makes a Smart Bet for the Supreme Court": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:20 PM by Howard Bashman


"Toomey urges White House to withdraw Pa. appeals court nominee": Laura Olson of The Morning Call of Allentown, Pennsylvania has this report.

And Jonathan Tamari and Jeremy Roebuck of The Philadelphia Inquirer report that "Obama's pick for judgeship here draws Toomey's ire."

Yesterday, the White House issued a news release titled "President Obama Nominates Rebecca Ross Haywood to Serve on the United States Court of Appeals."
Posted at 01:14 PM by Howard Bashman



"Merrick Garland's moderate views seen as harder for conservatives to oppose": David G. Savage of The Los Angeles Times has this report.
Posted at 11:50 AM by Howard Bashman


"The Supreme Court Confirmation Battle Begins: President Obama nominates 63-year-old Merrick Garland to the U.S. Supreme Court, setting up an election-year battle with Senate Republicans." Matt Ford of The Atlantic has this report.

And Cristian Farias of The Huffington Post reports that "Obama Nominates Merrick Garland To The Supreme Court; He's by far the least controversial -- and most confirmable -- candidate from the president's short list."
Posted at 11:44 AM by Howard Bashman



"Obama Chooses Merrick Garland for Supreme Court": Michael D. Shear and Gardiner Harris of The New York Times have this report. And Carl Hulse of The New York Times has an "On Washington" column headlined "A Faceless Supreme Court Battle No More."

Juliet Eilperin, Mike DeBonis, and Jerry Markon of The Washington Post report that "President Obama nominates Merrick Garland to the Supreme Court."

Richard Wolf of USA Today has an article headlined "Supreme Court or bust: Merrick Garland."

And Lawrence Hurley of Reuters reports that "Considered twice before, Garland gets call to top court."
Posted at 11:22 AM by Howard Bashman



D.C. Circuit Chief Judge Merrick B. Garland reads "How Appealing": President Obama is currently explaining why he decided to nominate Chief Judge Garland to serve on the U.S. Supreme Court. One thing that distinguished him from many of the other reported finalists for this U.S. Supreme Court vacancy is that there exists actual written evidence (as originally noted in this post) that Chief Judge Garland reads "How Appealing."
Posted at 11:15 AM by Howard Bashman


"President Obama Supreme Court Nomination Announcement": C-SPAN is offering this live, online coverage.
Posted at 11:02 AM by Howard Bashman


What baseball team does D.C. Circuit Chief Judge Merrick B. Garland root for? Assuming that he grew up in Lincolnwood, Illinois, signs would appear to point toward the Chicago Cubs.

Although I spent a few minutes alone with Judge Garland riding an elevator at the D.C. Circuit Conference at the Nemacolin Woodlands Resort in Farmington, Pennsylvania a while back, I neglected to ask him that question. In any event, if those in-the-know can inform me of the answer without attribution, I would be glad to announce whether the U.S. Supreme Court may be on the verge of having another Justice who roots for the Cubs.
Posted at 10:58 AM by Howard Bashman



"Lynn Garland, Merrick's Wife: 5 Fast Facts You Need to Know." Tom Cleary of Heavy.com has this report. The New York Times published their wedding announcement on September 20, 1987. a few days shy of one year after the date on which Justice Antonin Scalia began serving on the U.S. Supreme Court.
Posted at 10:48 AM by Howard Bashman


"Congressional sources: Obama to nominate Merrick Garland." The Associated Press has this report.

Kevin Liptak, Manu Raju, and Ariane de Vogue of CNN.com report that "Obama to nominate Merrick Garland to Supreme Court."

And Michael A. Memoli of The Los Angeles Times reports that "Obama to nominate federal Judge Merrick Garland for Supreme Court, a possible compromise pick."

If confirmed, a Justice Garland would increase the number of Jewish Justices now serving on the U.S. Supreme Court to four. You can access D.C. Circuit Chief Judge Merrick B. Garland's official Federal Judicial Center biography at this link.
Posted at 10:05 AM by Howard Bashman



"Judicial Crisis Network plans $2 million ad campaign opposing Obama's court pick": Burgess Everett of Politico.com has this report.
Posted at 09:34 AM by Howard Bashman


"Liberals flirt with lowering bar on Supreme Court confirmation; Some Senate Democrats say the Supreme Court filibuster needs to go, with the GOP refusing to even meet an Obama nominee": Seung Min Kim and Burgess Everett of Politico.com have this report.
Posted at 09:24 AM by Howard Bashman


"President Obama To Name New Supreme Court Justice": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 08:20 AM by Howard Bashman


"Argument preview: Historic fight over religion and birth control." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 08:17 AM by Howard Bashman


"Obama to Announce U.S. Supreme Court Nominee at 11 A.M. Today": Toluse Olorunnipa and Margaret Talev of Bloomberg News have this report.

The Associated Press has a report headlined "Obama: 'I've made my decision' on Supreme Court nominee."

Reuters reports that "Obama set to announce Supreme Court nominee."

Michael D. Shear of The New York Times reports that "Obama to Announce Supreme Court Nominee."

Gregory Korte of USA Today has a report headlined "Obama: 'I've made my decision' on Supreme Court nomination." Korte also reports that "Obama Supreme Court search enters second month."

Kevin Liptak, Evan Perez, Pamela Brown, Kevin Bohn, Ariane de Vogue, Gloria Borger, and Athena Jones of CNN.com report that "Vetting closed, Obama closer to naming Supreme Court nominee."

Edward-Isaac Dovere and Sarah Wheaton of Politico.com report that "Obama to announce Supreme Court pick, setting off battle with Senate; The president said he had chosen someone with 'an independent mind, unimpeachable credentials, and an unquestionable mastery of law.'" And Eliza Collins of Politico.com has a report headlined "Trump: Senate should block Obama's Supreme Court nominee."

And Sam Stein of The Huffington Post reports that "President Obama Is Hours From Naming Supreme Court Nominee."
Posted at 08:00 AM by Howard Bashman



Tuesday, March 15, 2016

"This is a redacted version of a confidential order issued in the Court's attorney misconduct docket. It has been posted on the Court's website for the benefit of other counsel." The U.S. Court of Appeals for the Second Circuit posted online today this disciplinary order.
Posted at 11:30 PM by Howard Bashman


"Rebecca Bradley, JoAnne Kloppenburg spar in pointed debate": Bill Glauber of The Milwaukee Journal Sentinel has an article that begins, "In a pointed debate, Supreme Court Justice Rebecca Bradley and Appeals Court Judge JoAnne Kloppenburg scrapped over judicial philosophy and partisanship on the court."
Posted at 11:24 PM by Howard Bashman


"Justice Eakin retires rather than fight email charges": Steve Esack and Peter Hall of The Morning Call of Allentown, Pennsylvania have this article in which I am quoted.

And Matt Fair of Law360.com has an article headlined "Eakin Resignation May Help Pa. High Court's Battered Image" (subscription required for full access) in which I am quoted.
Posted at 09:32 PM by Howard Bashman



"Indian Town Prays for a 'Son' on Supreme Court": In Wednesday's edition of The New York Times, Ellen Barry -- reporting from Mela Thiruvenkatanathapuram, India -- will have an article that begins, "A bare-chested priest sat cross-legged in the temple of this farming village on a recent morning and recited all 1,008 names of Vishnu, the Hindu god, in the hope of soon receiving good news from the White House."
Posted at 09:30 PM by Howard Bashman


"Srinivasan or Garland likely Obama choice for Supreme Court: source." Reuters has a report that begins, "President Barack Obama is likely to announce either Judge Sri Srinivasan or Judge Merrick Garland as his pick for a Supreme Court nominee as early as Wednesday, a source familiar with the selection process said on Tuesday."
Posted at 09:21 PM by Howard Bashman


"Court rejects lawsuit by kidnapping survivor Jaycee Dugard": The Associated Press has this report on a non-precedential decision that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

According to today's ruling, Ninth Circuit Judge Carlos T. Bea presided over the district court proceedings in the case.
Posted at 09:18 PM by Howard Bashman



"Big-Government Republicans: The GOP's latest attempt to ban abortion shows the party's limited government rhetoric is a fraud." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 08:40 PM by Howard Bashman


"Democrats to link court vacancy to late-term abortion bill": Seung Min Kim of Politico.com has this report.

And Burgess Everett of Politico.com reports that "Grassley denies knowledge of group backing him in court battle."
Posted at 08:35 PM by Howard Bashman



"Amid furor of Porngate, Eakin resigns from high court": Angela Couloumbis, Craig R. McCoy, and Mark Fazlollah of The Philadelphia Inquirer have this report. And Chris Mondics of The Philadelphia Inquirer has an article headlined "Justice Eakin's offensive emails led to his downfall."

Wallace McKelvey of The Harrisburg Patriot-News reports that "Pa. Supreme Court Justice Eakin's departure leaves many questions for judiciary."

And Reuters reports that "Second Pennsylvania judge resigns amid 'Porngate' scandal."
Posted at 08:30 PM by Howard Bashman



"What happens to Supreme Court cases this year?" Ariane de Vogue of CNN.com has this report.
Posted at 08:20 PM by Howard Bashman


"The Weird, Offensive Argument At The Heart Of The Supreme Court Case Against Birth Control": Ian Millhiser of ThinkProgress has this post today.
Posted at 08:16 PM by Howard Bashman


"McKeesport native nominated to federal bench": Brian Bowling of The Pittsburgh Tribune-Review has an article that begins, "President Obama has nominated a McKeesport native to serve as a judge on the 3rd U.S. Circuit Court of Appeals."

My earlier coverage appears two posts below.
Posted at 06:20 PM by Howard Bashman



"U.S. appeals court weighs extent of GM's bankruptcy protection": Reuters has this report.
Posted at 06:08 PM by Howard Bashman


A Pittsburgh lawyer has been nominated to fill the vacancy created when Third Circuit Judge Marjorie O. Rendell took senior status: The Leadership Conference on Civil and Human Rights today issued a news release titled "Civil and Human Rights Coalition Applauds Haywood Judicial Nomination, Calls for an End to Republican Blockade on Judges."

And Robert Barnes of The Washington Post has a tweet stating that "President Obama nominated Rebecca Ross Haywood to serve on the United States Court of Appeals for the Third Circuit."

Circuit Judge William D. Hutchinson -- the judge for whom I clerked -- held the seat before Judge Rendell, and he had his judicial chambers in Pottsville, Pennsylvania, which was located in the Eastern District of Pennsylvania at the time. Before that, Circuit Judge Arlin M. Adams, based in Philadelphia, held this seat.

As I noted in my remarks before the en banc Third Circuit in ceremonial session on the occasion of Judge Hutchinson's (posthumous) portrait presentation, "[t]he seat that Judge Hutchinson occupied on the Third Circuit was one of the two original judgeships that Congress created on the Court in 1891." And the location of the judge who holds that seat also has moved around quite a bit, as I went on to describe in those remarks.
Posted at 06:00 PM by Howard Bashman



"Appeals Court Won't Revive Teens' Sex Trafficking Case Against Backpage": Wendy Davis of MediaPost has this report.

My earlier coverage of yesterday's First Circuit ruling can be accessed here.
Posted at 05:30 PM by Howard Bashman



"Justice Eakin made the right move with Supreme Court resignation": The Patriot-News of Harrisburg, Pennsylvania has posted this editorial online.
Posted at 04:15 PM by Howard Bashman


"O'Bannon plaintiffs ask Supreme Court to take case": Steve Berkowitz of USA Today has this report.
Posted at 04:13 PM by Howard Bashman


"Supreme Court: 8 Potential Cases That Would Impact Entertainment and Media; Scandalous trademarks, the government's ability to police the Internet, and whether college athletes get a piece of TV money are just some of the issues calling for higher review." Eriq Gardner has this post today at the "THR, Esq." blog of The Hollywood Reporter.
Posted at 04:11 PM by Howard Bashman


"JoAnne Kloppenburg stayed on case involving group that opposed her": In today's edition of The Milwaukee Journal Sentinel, Patrick Marley has a front page article that begins, "In her two bids for the state Supreme Court, JoAnne Kloppenburg has criticized as too weak an ethics rule that says political spending on its own isn't enough to force a judge off a case."
Posted at 04:08 PM by Howard Bashman


"Senate Republicans prioritize abortion ban over Supreme Court": Steve Benen of msnbc.com has this report.
Posted at 04:05 PM by Howard Bashman


"Potential Supreme Court Picks Have History of Partisan Donations": Don Kim of NBC News has this report.
Posted at 04:03 PM by Howard Bashman


"Audio: Jeffrey Rosen speaks at the Supreme Court on John Marshall." Access via this link to the "Constitution Daily" blog of the National Constitution Center.
Posted at 02:44 PM by Howard Bashman


"Constitution Check: Do famous people own their own celebrity identities?" Lyle Denniston -- who apparently is celebrating his birthday today -- has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 02:41 PM by Howard Bashman


"NFL links football, CTE; could it affect $1 billion deal?" The Associated Press has this report.
Posted at 02:40 PM by Howard Bashman


"Governor Wolf Statement on Supreme Court Justice Michael Eakin's Resignation": Available online at this link.

Still to occur, an updated list of the Justices currently serving on the Supreme Court of Pennsylvania.
Posted at 02:35 PM by Howard Bashman



"Obama May Counter Trump on Immigrants With Supreme Court Pick": Greg Stohr and Mike Dorning of Bloomberg News have this report.
Posted at 02:33 PM by Howard Bashman


"Amid furor of Porngate, Eakin resigns from high court": Angela Couloumbis of The Philadelphia Inquirer has a news update that begins, "Pennsylvania Supreme Court Justice J. Michael Eakin has resigned his seat on the state's highest court, months after being charged with judicial ethics lapses for his involvement in a pornographic email scandal."

Charles Thompson of The Patriot-News of Harrisburg, Pennsylvania reports that "Suspended Pa. Supreme Court Justice J. Michael Eakin resigns from bench in email scandal."

Brad Bumsted of The Pittsburgh Tribune-Review reports that "Pa. Supreme Court Justice Michael Eakin retires amid criticism over lewd email."

And The Associated Press reports that "2nd Pennsylvania justice to resign over porn email scandal."
Posted at 12:02 PM by Howard Bashman



"Obama's Will To Fill Justice Seat Widens Rift With McConnell": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:35 AM by Howard Bashman


"Pa. Justice Eakin: No proof he read pornographic emails." The Associated Press has a report that begins, "A state Supreme Court justice facing an ethics trial over his email practices wants a court to rule out the pornographic or objectionable messages he received if there's no proof he read or responded to them."
Posted at 10:26 AM by Howard Bashman


"Will Partisanship Undermine the Judiciary? GOP senators want political parties, and not the president, to appoint the next Supreme Court justice; But history shows a more noble way." Online today at The Atlantic, law professor Garrett Epps has an essay that begins, "Samuel Chase -- 'Old Bacon-Face' -- was probably the most partisan justice in Supreme Court history."
Posted at 10:20 AM by Howard Bashman


"Argument preview: Puerto Rico's plea for debt rescue." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 08:30 AM by Howard Bashman


""Washington's Worst Job: President Obama's Next Supreme Court Nominee; The president may make a nomination this week -- if he can find anyone crazy enough for the job." Stephanie Mencimer has this essay online today at Mother Jones.
Posted at 08:29 AM by Howard Bashman


"Lower court judges could be caught up in Supreme Court fight": The Associated Press has this report.
Posted at 08:19 AM by Howard Bashman


Monday, March 14, 2016

"Court: Lawyer Nick Mackey slept during client's racketeering trial." The Charlotte Observer has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued on Friday.
Posted at 11:20 PM by Howard Bashman


First Circuit holds that backpage.com is not liable to minors who claim to have been victims of sex trafficking: You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link. Senior Circuit Judge Bruce M. Selya wrote the opinion on behalf of a unanimous three-judge panel.
Posted at 11:11 PM by Howard Bashman


"'Stunning, shocking': Boxer hadn't expected her final months in Senate would include Supreme Court fight." Sarah D. Wire of The Los Angeles Times has an article that begins, "Barbara Boxer traces the beginning of her Senate career to an October 1991 day when she and six female colleagues from the House marched across the Capitol and demanded that senators consider Anita Hill's sexual harassment allegations against then-Supreme Court nominee Clarence Thomas."
Posted at 10:04 PM by Howard Bashman


"Allies Say Obama's Court Pick Is Near, and Will Be Hard for Republicans to Ignore": Julie Hirschfeld Davis and Michael D. Shear will have this article in Tuesday's edition of The New York Times.
Posted at 09:55 PM by Howard Bashman


"Harvard Law School to ditch controversial shield": Steve Annear of The Boston Globe has a news update that begins, "The image of three sheaves of golden wheat arranged inside a blue-and-crimson shield has stood as the symbol of Harvard Law School and its graduates for nearly 80 years."

And Andrew M. Duehren and Claire E. Parker report that "Corporation Accepts Proposal to Change Law School Seal."
Posted at 09:02 PM by Howard Bashman



"Hill Democrats getting antsy waiting for Supreme Court pick; Some lawmakers fear a delay beyond this week could signal trouble finding a nominee willing to endure 'pinata' treatment": Sarah Wheaton and Josh Gerstein of Politico.com have this report.
Posted at 08:54 PM by Howard Bashman


"A Supreme Court Seat Sits Empty, and Calls to Fill It Dog Republicans": Carl Hulse will have this new installment of his "On Washington" column in Tuesday's edition of The New York Times.
Posted at 08:52 PM by Howard Bashman


"Obama looking for 'consensus' pick to Supreme Court": Kevin Liptak and Evan Perez of CNN.com have this report.
Posted at 08:50 PM by Howard Bashman


"Nevada Supreme Court throws out damages in judgment against Las Vegas Sands Corp." The Las Vegas Review-Journal has this news update.

Jonathan Stempel of Reuters reports that "Adelson's Las Vegas Sands wins new U.S. trial in $100 million Macau case."

And The Associated Press reports that "Nevada high court orders new trial in $100M Vegas Sands case."

I have posted at this link Friday's order of the Supreme Court of Nevada.
Posted at 08:42 PM by Howard Bashman



"N.J. bench battle drags on": In today's edition of The Philadelphia Inquirer, Maddie Hanna has a front page article that begins, "The battle in Washington over late U.S. Supreme Court Justice Antonin Scalia's seat is a month in the making. But in New Jersey, a political stalemate over an open state Supreme Court seat has stretched six years."
Posted at 08:26 PM by Howard Bashman


"Supreme Court's Precedent Backs Donald Trump": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:20 PM by Howard Bashman


"The Problem With Specialty License Plates": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:16 PM by Howard Bashman


"GOP prepares to fight Obama nominee, no matter whom he picks": The Associated Press has this report.
Posted at 07:54 PM by Howard Bashman


"Federal Judge Repeatedly Removed From Cases": Today at her "Trial Insider" blog, Pamela A. MacLean has a post that begins, "A Federal Appeals court has taken the unusual step of taking four cases away from U.S. District Judge Robert Clive Jones of Reno, and warning him about his conduct in a fifth, largely for his animosity toward out-of-state lawyers."
Posted at 04:52 PM by Howard Bashman


"Top Mass. judge's son faces charges in church graffiti": Jim O'Sullivan of The Boston Globe has an article that begins, "One of the students charged with spray-painting racist, homophobic graffiti and the name of presidential candidate Donald Trump in an Illinois chapel is the son of the chief justice of the Massachusetts Appeals Court."

And in related coverage, The Daily Northwestern has articles headlined "Two Northwestern students charged with felonies in connection with Alice Millar vandalism"; "Northwestern students charged in connection with Alice Millar vandalism released on bond"; and "Schapiro condemns vandalism in Alice Millar Chapel."
Posted at 04:13 PM by Howard Bashman



"Harvard Corporation agrees to retire HLS shield": Harvard Law Today has a report that begins, "The Harvard Corporation has approved the recommendation of the Harvard Law School Shield Committee to retire the HLS shield, which is modeled on the family crest of an 18th century slaveholder."
Posted at 04:02 PM by Howard Bashman


"Seriously, this is a job for Chief Justice Roberts": Steve Klepper has this post today at the "Maryland Appellate Blog."
Posted at 03:54 PM by Howard Bashman


"Three reasons that nominating Sri Srinivasan for the Supreme Court could change U.S. elections": Karthick Ramakrishnan and Sono Shah have this post today at the "Monkey Cage" blog of The Washington Post.
Posted at 01:30 PM by Howard Bashman


"Southern California's Paul J. Watford is among Obama's top choices for Supreme Court": David G. Savage and Maura Dolan of The Los Angeles Times have this report.
Posted at 01:00 PM by Howard Bashman


"Little Sisters poke big holes in Government's case; Supreme Court brief reveals HHS lawyers' numerous contradictions": The Becket Fund for Religious Liberty issued this news release today about the reply brief filed in this case on Friday in the U.S. Supreme Court.
Posted at 12:14 PM by Howard Bashman


"An assessment of Judge Sri Srinivasan's rulings (or, 'I read all these FERC cases so you don't have to')": Tom Goldstein has this post today at "SCOTUSblog."
Posted at 10:32 AM by Howard Bashman


"Grassley's Risky Supreme Court Gamble: For decades Sen. Chuck Grassley has been a reliable reflection of Iowa values; But his decision to block a qualified Supreme Court nominee from receiving a hearing in his committee is rubbing his constituents the wrong way." Eleanor Clift has this essay online today at The Daily Beast.
Posted at 08:33 AM by Howard Bashman


"The War Against Obama's Potential Supreme Court Nominees Takes An Ugly, Offensive Turn": Ian Millhiser has this post today at ThinkProgress.
Posted at 08:32 AM by Howard Bashman


"Argument preview: Once again, the issue is race." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 08:23 AM by Howard Bashman


Sunday, March 13, 2016

"Conservatives dig for dirt in bid to thwart potential Obama Supreme Court nominees": Dave Boyer of The Washington Times has this report.
Posted at 10:06 PM by Howard Bashman


"Should All Research Papers Be Free?" Kate Murphy has this news analysis in the Sunday Review section of today's edition of The New York Times.
Posted at 09:55 PM by Howard Bashman


"People of American Samoa Aren't Fully American": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:52 PM by Howard Bashman


"The Supreme Court Needs an Outsider": Law professor Stephen L. Carter has this essay online at Bloomberg View.
Posted at 07:40 PM by Howard Bashman


"Republicans' New Rule on Supreme Court Appointments": Kenneth Jost has this post today at his blog, "Jost on Justice."
Posted at 07:36 PM by Howard Bashman


"For Harry Reid, the Supreme Court Vacancy Offers One Last Fight": David M. Herszenhorn will have this article in Monday's edition of The New York Times.

And Edward-Isaac Dovere and Josh Gerstein of Politico.com report that "White House preps Supreme Court battle plan; Obama is expected to announce a nominee as early as this week."
Posted at 07:33 PM by Howard Bashman



Saturday, March 12, 2016

"Ad targets potential Obama court pick; The spot from Judicial Crisis Network highlights Jane Kelly's work defending a client on child pornography charges": Burgess Everett of Politico.com has this report.
Posted at 10:09 PM by Howard Bashman


Friday, March 11, 2016

"Kloppenburg: I misspoke in saying Lincoln had slaves." Bruce Vielmetti of The Milwaukee Journal Sentinel has an article that begins, "Supreme Court candidate JoAnne Kloppenburg said Thursday that she misspoke when she said to a youth group that President Abraham Lincoln had slaves."
Posted at 08:23 PM by Howard Bashman


"Will the U.S. Supreme Court get its first Asian American justice?" Amy Goldstein of The Washington Post has this report.

And Catherine Ho of The Washington Post reports that "Interest groups gear up for what may be biggest Supreme Court fight since Robert Bork."
Posted at 08:07 PM by Howard Bashman



"As Americans Take Up Populism, the Supreme Court Embraces Business": In Saturday's edition of The New York Times, Noam Scheiber will have an article that begins, "The Supreme Court vacancy created by the death of Justice Antonin Scalia highlights a growing rift between the country and the nation's highest court on questions of economic power and support for big business."
Posted at 08:02 PM by Howard Bashman


"White House narrows search to three for Supreme Court": Reuters has a report that begins, "The White House has narrowed its search for a Supreme Court nominee to three federal appeals court judges, Sri Srinivasan, Merrick Garland and Paul Watford, a source familiar with the selection process said on Friday."
Posted at 07:54 PM by Howard Bashman


"A friend's tribute to Ruth Bader Ginsburg": Irin Carmon of msnbc.com has this report.
Posted at 06:03 PM by Howard Bashman


"A Specific Proposal That Helps Give Us a Sense of What Getting Rid of Citizens United Might Entail": Law professor Vikram David Amar has this essay online today at Justia's Verdict.
Posted at 03:54 PM by Howard Bashman


"2016 National Student Symposium Keynote Address by Paul Clement": The Federalist Society has posted this video on YouTube.
Posted at 03:28 PM by Howard Bashman


"What would a Hindu justice mean for the Supreme Court?" Julie Zauzmer of The Washington Post has this report.
Posted at 03:22 PM by Howard Bashman


"Potential nominee: Judge Sri Srinivasan, appellate veteran." Thomas Hopson has this post today at "SCOTUSblog."
Posted at 03:08 PM by Howard Bashman


"Feds want convicted journalist to serve 5 years, his lawyers ask for no prison time; DOJ: 40-minute hack was 'an online version of urging a mob to smash the presses.'" Cyrus Farivar of Ars Technica has this report.
Posted at 03:06 PM by Howard Bashman


"Handicapping the five potential nominees": Tom Goldstein has this post today at "SCOTUSblog."
Posted at 03:04 PM by Howard Bashman


"How to Reverse Citizens United: What campaign-finance reformers can learn from the NRA." Law professor David Cole has this article in the April 2016 issue of The Atlantic magazine.

And in today's edition of The New York Tims, Cole has an op-ed titled "What Liberals Can Learn From the N.R.A."
Posted at 03:02 PM by Howard Bashman



"The Supreme Court Can Handle a Vacancy for a Long Time -- Just as It's Done Before": Adam J. White has this essay online at The Weekly Standard.
Posted at 02:58 PM by Howard Bashman


"60 years later, the Southern Manifesto is as alive as ever": Law professor Justin Driver has this essay online at The Los Angeles Times.
Posted at 02:50 PM by Howard Bashman


"Ted Cruz revisits John Yoo": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 02:48 PM by Howard Bashman


Thursday, March 10, 2016

"Republican Threats and the Supreme Court": This editorial will appear in Friday's edition of The New York Times.
Posted at 10:44 PM by Howard Bashman


"Pa. justices question roots of NRA-backed law": In today's edition of The Philadelphia Inquirer, Laura McCrystal has a front page article that begins, "Pennsylvania's Supreme Court on Wednesday signaled it was unlikely to reinstate a controversial law that gave the National Rifle Association the right to challenge municipal gun ordinances across the state."

The Associated Press reports that "Pennsylvania law mixing copper theft, gun laws under review."

And Reuters reports that "Pennsylvania gun control advocates challenge law on city gun rules."
Posted at 10:40 PM by Howard Bashman



"Sept. 11 families seek to restore Saudi Arabia as defendant": The Associated Press has a report that begins, "Lawyers for families of Sept. 11 terrorist-attacks victims have asked a New York federal appeals court to restore Saudi Arabia as a defendant in a lawsuit."
Posted at 10:32 PM by Howard Bashman


"Pa. Supreme Court rebukes new Phila. judge": In today's edition of The Philadelphia Inquirer, Wendy Ruderman has an article that begins, "The Pennsylvania Supreme Court meted out a harsh public rebuke Wednesday of a newly elected Philadelphia Common Pleas Court judge, citing 'serial misconduct' in his previous work as criminal defense lawyer."
Posted at 10:28 PM by Howard Bashman


"Liberal groups drop criticism of potential Obama Supreme Court nominee": Irin Carmon of msnbc.com has a report that begins, "When President Barack Obama nominated Sri Srinivasan to the D.C. Circuit in 2013, his name was already being floated for a future Supreme Court vacancy, a prospect that made some progressive groups uneasy."
Posted at 05:28 PM by Howard Bashman


"Senate Republicans Stand by Refusal to Consider Any Supreme Court Nominee": David M. Herszenhorn of The New York Times has this report.
Posted at 05:27 PM by Howard Bashman


"Merrick Garland's been considered for the Supreme Court before. Is this his year?" Jerry Markon of The Washington Post has this report.
Posted at 05:26 PM by Howard Bashman


"Dietzen to resign from Minnesota Supreme Court; Gov. Mark Dayton will get his fifth appointment to the court": Ricardo Lopez of The Minneapolis Star Tribune has this report.
Posted at 05:24 PM by Howard Bashman


"Failed judicial nominees: It's 'no fun.'" Robin Bravender of Greenwire has this report.
Posted at 04:03 PM by Howard Bashman


"Constitution Check: In the Supreme Court vacancy fight, which election counts most?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 04:02 PM by Howard Bashman


"Legislature elects McCullough to state Supreme Court": Jim Nolan and Graham Moomaw of The Richmond Times-Dispatch have a news update that begins, "The Virginia General Assembly elected Court of Appeals Judge Stephen R. McCullough to the Supreme Court of Virginia Thursday, ending a seven-month political standoff with Gov. Terry McAuliffe over a vacancy on the high court."

And Laura Vozzella and Fenit Nirappil of The Washington Post report that "GOP wins long Va. Supreme Court fight with McAuliffe."
Posted at 03:58 PM by Howard Bashman



"'Choose Life' license plate upheld as federal court reverses ruling": Colin Campbell of The News & Observer of Raleigh, North Carolina has this report.

And The Associated Press has a report headlined "US appeals court: N. Carolina can print 'Choose Life' plates."

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 03:09 PM by Howard Bashman



"Obama signals Supreme Court announcement could come soon": The Associated Press has a report that begins, "President Barack Obama on Thursday signaled that his announcement of a Supreme Court nominee could come soon, saying the nation's highest court needs to operate at full strength." The AP also has a related report headlined "Grassley: Efforts to sway him on Supreme Court won't work."

Reuters has reports headlined "White House interviewing five potential U.S. Supreme Court nominees: source" and "Obama hopes 'cooler heads prevail' on Supreme Court nominee."

Bloomberg News has reports headlined "Obama and Republicans Trade Fire Over Nominee to Replace Scalia" and "Grassley Defends Vow to Block Debate on Supreme Court Nominee."

And Michael McAuliff andJennifer Bendery of The Huffington Post report that "Republican Admits Supreme Court Blockade Is Unprecedented; 'We are setting a precedent here today,' Sen. Lindsey Graham said."
Posted at 03:04 PM by Howard Bashman



"Kansas conservatives advance bill on impeachment of judges": The Associated Press has this report.
Posted at 02:58 PM by Howard Bashman


"What We Know About The Judges Obama Is Reportedly Vetting For The Supreme Court": Ian Millhiser has this post at ThinkProgress.
Posted at 01:58 PM by Howard Bashman


"Georgetown Law Professors Williams and Hartnett Embark Upon Justice Ginsburg Project": Georgetown Law today issued a news release that begins, "Simon and Schuster today announced plans to publish the first collection of U.S. Supreme Court Justice Ruth Bader Ginsburg's writings and speeches."
Posted at 12:08 PM by Howard Bashman


Ninth Circuit Judge Paul J. Watford's absence from oral arguments yesterday in Portland, Oregon possibly explained: Last night, Robert Barnes -- the U.S. Supreme Court correspondent of The Washington Post -- helped stir up the Twitterverse with a Tweet stating:
Anyone seen #scotus hopeful Paul Watford? As Obama considers choice, judge was no-show at scheduled 9th Circuit oral arguments today
Last night on this blog's Twitter feed, I retweeted law professor Adam Winkler's tweet in response to Barnes stating:
You might check restaurants near the White House! #GoBruins
The Ninth Circuit posts its oral arguments on YouTube, and Barnes is correct that Judge Watford was absent without explanation for the two oral arguments yesterday in Portland, Oregon for which video is now available online (see here and here).

A three-judge Ninth Circuit panel that includes Judge Watford is hearing oral arguments in Portland all of this week.

On Monday and Tuesday of this week, Judge Watford participated in the oral arguments via video feed from an undisclosed remote location. Before the first oral argument on Monday, Circuit Judge Marsha S. Berzon explained that Judge Watford was appearing via video because he is recovering from surgery. And before the first oral argument on Tuesday, Circuit Judge Raymond C. Fisher explained that Judge Watford was appearing via video because he had an injured Achilles tendon and cannot travel.

Perhaps this is all an elaborate ruse to conceal that Judge Watford is in Washington, DC being vetted for an impending U.S. Supreme Court nomination, but at least an explanation of his absence from the Ninth Circuit's oral arguments this week in Portland, Oregon does exist on the record.
Posted at 12:03 PM by Howard Bashman



"Supreme Court, Trump engulf Capitol Hill; The high court battle is all anyone's talking about other than Trump, which isn't a good place for Republicans": John Bresnahan of Politico.com has this report.
Posted at 08:40 AM by Howard Bashman


"The Supreme Court is a political court. Republicans' actions are proof." Seventh Circuit Judge Richard A. Posner has this essay online at The Washington Post.
Posted at 08:35 AM by Howard Bashman


"Obama narrowing list of possible Supreme Court candidates": The Associated Press has a report that begins, "Despite calls to select a Supreme Court nominee from outside the judicial monastery, President Barack Obama doesn't appear to be ready to leave the faith." According to the article, "Obama's top-tier of candidates include Judge Sri Srinivasan of U.S. Court of Appeals for the District of Columbia Circuit, Merrick Garland, chief judge on same court, and Judge Paul Watford of the 9th U.S. Circuit Court of Appeals, according to a source familiar with the selection process."

And in related coverage, The Associated Press reports that "Conservative, liberal groups gear up for Supreme Court fight."
Posted at 08:25 AM by Howard Bashman



Wednesday, March 9, 2016

"New hope for Tom Brady? Rethinking the Deflategate appeal." Michael McCann of SI.com has this report.

The article contains several provocative subheadings, including "Why was Judge Chin so certain of football tampering?"; "Did Paul Clement misrepresent Brady's statements and would it matter?"; and "Did the NFL misrepresent 'facts' in its written briefs and would it matter?"
Posted at 09:55 PM by Howard Bashman



"Obama Begins Interviewing Potential Supreme Court Nominees": Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:12 PM by Howard Bashman


"Anti-gay writings take center stage in Wisconsin court race": The Associated Press has this report.
Posted at 08:03 PM by Howard Bashman


"'Nothing personal,' but Grassley won't consider Kelly for Supreme Court; Iowa senator says his position makes him 'the point of (Democrats') spear'": James Q. Lynch of The Gazette of Cedar Rapids, Iowa has this report.
Posted at 07:42 PM by Howard Bashman


"The Dark Side of All Those 'Friends' at the Supreme Court": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 04:48 PM by Howard Bashman


"The Constitution Rules. (Not Valid in Puerto Rico.)" Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 04:46 PM by Howard Bashman


"Justice Elizabeth Warren? The Supreme Court pick that would be the drama of all dramas." Pamela Brown and Dan Berman of CNN.com have this report.
Posted at 04:45 PM by Howard Bashman


"Walker, embattled state Supreme Court justice, go way back": The Associated Press has a report that begins, "The personal and political lives of Wisconsin Gov. Scott Walker and an embattled state Supreme Court justice have been intertwined for decades, starting with their overlapping semesters at Marquette University, where the future justice penned anti-gay opinion pieces and threatened to resign from the student government over a multicultural course requirement."
Posted at 04:44 PM by Howard Bashman


"Del. Supreme Court offers live video starting today": Jessica Masulli Reyes of The News Journal of Wilmington, Delaware has this report.
Posted at 04:40 PM by Howard Bashman


"Supreme Court won't tinker with ruling giving copyright to the Batmobile; The Batmobile is for Batman and Robin, unless you get a license from DC Comics": David Kravets of Ars Technica has this report.
Posted at 04:38 PM by Howard Bashman


"Senate Dems push for more judges amid SCOTUS fight": Seung Min Kim of Politico.com has this report.
Posted at 04:35 PM by Howard Bashman


"False Modesty: Why the Supreme Court Does Not Need Judicial Minimalism." Evan Bernick has this blog entry online today at The Huffington Post.
Posted at 04:32 PM by Howard Bashman


"Cuccinelli withdraws name; GOP backs McCullough for state Supreme Court": The Richmond Times-Dispatch has this news update.
Posted at 04:15 PM by Howard Bashman


In today's mail: From The Green Bag, a certificate that can be redeemed for a Chief Justice John G. Roberts, Jr. bobblehead doll.
Posted at 02:55 PM by Howard Bashman


"This Anti-Obamacare Governor Is Proving How Hard Repeal Really Is; No Republican had a better chance to deal major damage to the Affordable Care Act than Matt Bevin; He didn't": Jeffrey Young of The Huffington Post has this report.
Posted at 02:08 PM by Howard Bashman


"Senators square off over Supreme Court vacancy": Josh Gerstein of Politico.com has this report.
Posted at 02:04 PM by Howard Bashman


"Top name withdraws from Supreme Court consideration": Manu Raju, Kevin Liptak, and Ariane de Vogue of CNN.com have a report that begins, "Adalberto Jordan, a federal judge in Miami seen as a top contender for the Supreme Court vacancy, has withdrawn his name from contention, a lawmaker told CNN on Wednesday."
Posted at 02:00 PM by Howard Bashman


"Getting the Senate's responsibilities on Supreme Court nominations right": Law professor Michael Gerhardt has this guest post today at "SCOTUSblog."
Posted at 01:46 PM by Howard Bashman


"Reid pounds GOP united against Obama Supreme Court choice": The Associated Press has this report.
Posted at 01:44 PM by Howard Bashman


"Federal Judge: No Marriage Equality In Puerto Rico; As an 'unincorporated territory,' the judge ruled, the Supreme Court's ruling on marriage bans doesn't automatically apply to Puerto Rico." Chris Geidner of BuzzFeed News has this report.

You can access yesterday's ruling of the U.S. District Court for the District of Puerto Rico at this link.
Posted at 10:46 AM by Howard Bashman



"Pennsylvania high court weighs challenge to local gun laws": The Associated Press has this report.
Posted at 08:50 AM by Howard Bashman


"Eakin's lawyers want to make proposed settlement public": Craig R. McCoy has this article in today's edition of The Philadelphia Inquirer.
Posted at 08:45 AM by Howard Bashman


"Jordan would be Supreme Court's first Cuban-American": The Associated Press has a report that begins, "Adalberto Jordan, a federal appeals court judge twice confirmed by the U.S. Senate, could become the Supreme Court's first Cuban-American justice if nominated by President Barack Obama and approved once again."
Posted at 08:36 AM by Howard Bashman


"Indiana Seeks to Appeal Syrian Refugee Lawsuit": Joshua Claybourn has this post today at the "Hoosier Law Review" blog.
Posted at 08:30 AM by Howard Bashman


"California leaders tell Supreme Court that undocumented workers are making the state stronger": David G. Savage of The Los Angeles Times has this report.
Posted at 08:22 AM by Howard Bashman


Tuesday, March 8, 2016

"Senate Courts panel nominates Ken Cuccinelli for state Supreme Court": Jim Nolan and Graham Moomaw of The Richmond Times-Dispatch have a news update that begins, "Republicans on the Senate Courts of Justice Committee on Tuesday used their majority to nominate former Virginia Attorney General Ken Cuccinelli to succeed Justice Jane Marum Roush on the Virginia Supreme Court."

And The Washington Post reports that "Virginia Senate panel proposes Cuccinelli for state Supreme Court."
Posted at 10:05 PM by Howard Bashman



"Liberals should thank Scalia for right to blast GOP on Supreme Court; Conservative justice would smile at ads targeting Republican senators sponsored by groups that would ban their own ads": Eric Wang has this essay online at USA Today.
Posted at 10:00 PM by Howard Bashman


"Will Christie-Sweeney fight over N.J. Supreme Court spark 'chaos'?" Brent Johnson of NJ.com has this report.
Posted at 09:54 PM by Howard Bashman


"The U.S. Supreme Court Refuses to Adopt an Alabama Ruling; In a unanimous decision, the justices struck down a state-level ruling on a same-sex adoption case": Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 09:50 PM by Howard Bashman


"President Obama Meets With Supreme Court Candidates": Nina Totenberg of NPR has this report.
Posted at 09:38 PM by Howard Bashman


"Supreme Court [of California] to begin live streaming its oral arguments": David Ettinger has this post today at the "At the Lectern" blog.

And The Associated Press reports that "California Supreme Court will stream arguments online."
Posted at 09:30 PM by Howard Bashman



"In college column, Bradley likened abortion to Holocaust, slavery": Jason Stein, Annysa Johnson, and Mary Spicuzza of The Milwaukee Journal Sentinel have this report. The newspaper posted the column at this link.

In addition, The Journal Sentinel has an editorial titled "What does Rebecca Bradley think now about gays?" Columnist Jim Stingl has an essay titled "My college writings compared to Bradley's? Goofy, not hateful."

The Associated Press reports that "Anti-gay, abortion college writings haunt Wisconsin justice."

And at the "Taking Note" blog of The New York Times, Jesse Wegman has a post titled "Ladies and Gentlemen, Your Wisconsin Supreme Court!"
Posted at 09:24 PM by Howard Bashman



"Judge enters guilty plea in gun case, not in open court; Judge Henry Saad is accused of carrying a loaded handgun in his carry-on bag at Metro Airport": Eric D. Lawrence of The Detroit Free Press has this report.

Francis X. Donnelly and James David Dickson of The Detroit News report that "Appeals judge pleads to bringing handgun to airport."

And The Associated Press reports that "Michigan judge pleads guilty to having gun at airport."
Posted at 08:55 PM by Howard Bashman



"AG Lynch says she's not interested in Supreme Court vacancy": The Associated Press has this report.

Eric Lichtblau of The New York Times reports that "Lynch Says She's Unable to Consider Scalia's Seat."

And in related coverage, The AP reports that "Democrats denounce GOP 'pinata' comment on Supreme Court."
Posted at 08:50 PM by Howard Bashman



"Potential nominee: Raymond Lohier, former federal prosecutor." Thomas Hopson has this post at "SCOTUSblog."
Posted at 08:35 PM by Howard Bashman


"Pa. Supreme Court Justice Eakin asks to present deal in email case": Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania has this report.

Paula Reed Ward of The Pittsburgh Post-Gazette reports that "Eakin asks permission to present proposed resolution; Justice Michael Eakin is scheduled for trial before the state Court of Judicial Discipline for allegations of improper emails on March 29."

And The Associated Press reports that "Justice in ethics case over salacious emails wants hearing."
Posted at 03:57 PM by Howard Bashman



"SCOTUS short-lister gets Osama bin Laden porn lawsuit": Josh Gerstein of Politico.com has this blog post today.
Posted at 03:45 PM by Howard Bashman


"Antonin Scalia's death halts lawsuit to fight Cuomo's gun control law": Kenneth Lovett of The New York Daily News has this report.
Posted at 02:00 PM by Howard Bashman


"The Conservative Era Is Over: Antonin Scalia's death has already changed the way the Supreme Court -- and conservative litigants -- do business." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 01:54 PM by Howard Bashman


"Mitch McConnell's Sensible Supreme Court Strategy": Jeff Shesol has this post online today at The New Yorker.
Posted at 01:33 PM by Howard Bashman


"Possible Supreme Court pick would make history in many ways": Jessica Gresko of The Associated Press has a report that begins, "If Ketanji Brown Jackson were nominated and confirmed to the U.S. Supreme Court, she would make history several times over."
Posted at 01:23 PM by Howard Bashman


"The Supreme Court Ruling That Led To 70,000 Forced Sterilizations": This audio segment featuring Adam Cohen appeared on yesterday's broadcast of NPR's "Fresh Air."
Posted at 01:16 PM by Howard Bashman


"Two Justices Pick Up Where Scalia Left Off" Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:11 PM by Howard Bashman


"Meet Donald Trump's sister, the tough, respected federal judge Ted Cruz called a 'radical pro-abortion extremist'": Fred Barbash of The Washington Post has this report.

And today at his "CA3blog," Matthew Stiegler has a post titled "Judge Barry the centrist, in 3 opinions."
Posted at 01:06 PM by Howard Bashman



"Exemplary Writing from 2015 & Rules for 2016": Access Green Bagatelle #2 at this link.
Posted at 01:02 PM by Howard Bashman


"Constitution Check: Does Apple have a right to resist the FBI's phone search demand?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:18 AM by Howard Bashman


"Justices Thomas, Alito form conservative partnership": Richard Wolf of USA Today has this report.

And at WSJ.com's "Law Blog," Jess Bravin has a post titled "The Dissenters: Thomas-Alito Alignment Deepens in Scalia's Absence."
Posted at 11:16 AM by Howard Bashman



"2nd Circuit to issuers: Don't worry about Omnicare." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 10:58 AM by Howard Bashman


"Loyola professor who called slavery 'not so bad' loses lawsuit against New York Times": Jed Lipinski of The Times-Picayune of New Orleans had this article back in May 2015.

Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued this decision reinstating the suit.
Posted at 10:48 AM by Howard Bashman



"Sonia Sotomayor knows how to lead and when to follow": Abigale Svoboda of The Daily Illini, the student newspaper of the University of Illinois at Urbana-Champaign, has this report.

Tim Mitchell of The News-Gazette of Champaign, Illinois has an article headlined "Sotomayor on Scalia: 'There is a loss, and you can feel it.'"

Peoria Public Radio reports that "Supreme Court Justice Speaks At U Of I Campus."

And The Associated Press has a report headlined "Sotomayor: Scalia like an annoying brother she misses."
Posted at 10:44 AM by Howard Bashman



"A new Supreme Court decision could affect State v. Syed": Steve Klepper has this post today at the "Maryland Appellate Blog."
Posted at 10:30 AM by Howard Bashman


"Potential nominee: Judge Jane Kelly, former public defender." Thomas Hopson has this post at "SCOTUSblog."
Posted at 08:30 AM by Howard Bashman


"Little Sisters and Big Burdens: Does Obamacare substantially burden the free exercise of religion?" Jeffrey Shulman has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:29 AM by Howard Bashman


"Justices' junkets: Scalia's death at a Texas lodge spotlights a Supreme Court ethics question." USA Today has this editorial.
Posted at 08:25 AM by Howard Bashman


"1st vs. 2nd Amendment Showdown Looming": Josh King has this post at his "Socially Awkward" blog.
Posted at 08:23 AM by Howard Bashman


"Rise & Shine: Supreme Court Arguments are Early Business." Kimberly Robinson of Bloomberg BNA has this blog post, which this video accompanies.
Posted at 08:20 AM by Howard Bashman


Monday, March 7, 2016

"Rebecca Bradley in 1992: 'Queers' with AIDS, addicts merit no sympathy." Patrick Marley of The Milwaukee Journal Sentinel has an article that begins, "Newly appointed state Supreme Court Justice Rebecca Bradley wrote in a student newspaper 24 years ago that she had no sympathy for AIDS patients because they had effectively chosen to kill themselves, called gays 'queers' and said Americans were 'either totally stupid or entirely evil' for electing President Bill Clinton." You can access the student newspaper items via this link.

Molly Beck of The Wisconsin State Journal reports that "Rebecca Bradley apologizes for student columns calling AIDS patients 'degenerates' and gays 'queers.'"

And columnist Christian Schneider of The Milwaukee Journal Sentinel has an essay titled "I care more about what Rebecca Bradley thinks now."
Posted at 10:14 PM by Howard Bashman



"Frustrated GOP lawmakers weigh move to impeach top judges": The Associated Press has a report that begins, "Republican lawmakers in Kansas, weary of conflicts with a judiciary that has been pushing for more school spending, are beginning to act on a measure to expand the legal grounds for impeaching judges."
Posted at 09:02 PM by Howard Bashman


"Here are judges the White House is considering for the Supreme Court": Amy Goldstein, Jerry Markon, and Sari Horwitz of The Washington Post have this report.
Posted at 08:42 PM by Howard Bashman


"Erin Andrews awarded $55 million in civil case over nude video": The Tennessean has this news update.
Posted at 05:44 PM by Howard Bashman


"Study Shows How Much Work It Takes to Be Supreme Court's Friend": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.

Law professors Allison Orr Larsen and Neal E. Devins have posted online at SSRN their article titled "The Amicus Machine."
Posted at 04:45 PM by Howard Bashman



"Secrecy rules for Supreme Court nominees: 'I felt like a spy.'" Kevin Liptak of CNN.com has this report.
Posted at 04:40 PM by Howard Bashman


"The List: When juveniles are found guilty of sexual misconduct, the sex-offender registry can be a life sentence." Sarah Stillman has this "Annals of Justice" article in the March 14, 2016 issue of The New Yorker.
Posted at 04:10 PM by Howard Bashman


"Application to Be a Supreme Court Justice": Paul Rudnick has this "Shouts & Murmurs" item in the March 14, 2016 issue of The New Yorker.
Posted at 04:02 PM by Howard Bashman


Access online today's ruling of the U.S. Supreme Court in an argued case: Justice Sonia Sotomayor delivered the opinion for a unanimous Court in Americold Realty Trust v. ConAgra Foods, Inc., No. 14-1382. You can access the oral argument via this link.
Posted at 10:08 AM by Howard Bashman


"Potential Supreme Court nominee Watford cited as a moderate": Sudhin Thanawala of The Associated Press has this report.

And Jessica Gresko of The Associated Press reports that "Possible Supreme Court pick championed black history museum."
Posted at 10:02 AM by Howard Bashman



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

In addition, the Court issued a per curiam reversal in Wearry v. Cain, No. 14-10008. Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Justice Clarence Thomas joined.

The Court issued a per curiam reversal in V.L. v. E.L., No. 15-648.

And in American Freedom Defense Initiative v. King County, No. 15-584, Justice Thomas issued a dissent, in which Justice Alito joined, from the denial of certiorari.
Posted at 09:44 AM by Howard Bashman



Sunday, March 6, 2016

"The Scalia Seat: Let the People Speak; The legal stakes are higher than ever, and historic precedent favors waiting for a new president." U.S. Senator Ted Cruz (R-TX) will have this op-ed in Monday's edition of The Wall Street Journal. You can freely access the full text of the op-ed via Google.

Apparently Cruz does not have enough clout to merit a post at "SCOTUSblog."
Posted at 10:09 PM by Howard Bashman



"Law Graduate Gets Her Day in Court, Suing Law School": Elizabeth Olson will have this article in Monday's edition of The New York Times.
Posted at 09:27 PM by Howard Bashman


"Adam Cohen's 'Imbeciles,' on the Supreme Court and Justice Not for All": Jennifer Senior will have this review of Adam Cohen's new book, "Imbeciles: The Supreme Court, American Eugenics, and the Sterilization of Carrie Buck," in Monday's edition of The New York Times.
Posted at 08:22 PM by Howard Bashman


"It's already looking like a different Supreme Court": Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 08:17 PM by Howard Bashman


"Joe Biden Jokingly Suggests Ted Cruz for Supreme Court Pick": Julie Hirschfeld Davis of The New York Times has this report.
Posted at 07:33 PM by Howard Bashman


"Confirmation Hearings Bring Sunshine To The Court": U.S. Senator Patrick Leahy (D-VT) has this post today at "SCOTUSblog."
Posted at 07:30 PM by Howard Bashman


"10 Shots Across the Border: The killing of a Mexican 16-year-old raises troubling questions about the United States Border Patrol." Mark Binelli has this cover story in today's issue of The New York Times Magazine.
Posted at 02:00 PM by Howard Bashman


"Owning An Assault Weapon Is No Longer A Fundamental Right -- For Now; An appeals court wiped out an earlier ruling that was seen as a boost to gun rights advocates": Cristian Farias of The Huffington Post has this report.

You can access Friday's order of the U.S. Court of Appeals for the Fourth Circuit granting rehearing en banc at this link. My earlier coverage of last month's divided three-judge Fourth Circuit panel's ruling in the case can be accessed here.
Posted at 01:30 PM by Howard Bashman



"This judge says toddlers can defend themselves in immigration court": Molly Hennessy-Fiske of The Los Angeles Times has this report.
Posted at 01:18 PM by Howard Bashman


"Tribute: Justice Scalia's hapless law clerk." Today at "SCOTUSblog," law professor John F. Duffy has this guest post.

Also today, Lee Liberman Otis has a guest post titled "Tribute: Justice Scalia and Marbury v. Madison."
Posted at 01:10 PM by Howard Bashman



"The Michigan Supreme Court's Road to Change -- And the Seven Justices Bound by a Steadfast Esprit de Corps": Bridget Brown Powers has this article in the March 2016 issue of the Michigan Bar Journal.

That court's newest justice spoke as a former law clerk at the recent memorial service for Justice Antonin Scalia and told a memorable dictionary-related story.
Posted at 11:36 AM by Howard Bashman



"Clarence Thomas' views to loom larger at Supreme Court following Scalia's death": Law professor Scott Douglas Gerber has this essay online at The Cleveland Plain Dealer. Gerber is the author of the book "First Principles: The Jurisprudence of Clarence Thomas."
Posted at 11:18 AM by Howard Bashman


"Christie vows 'ramifications' against Sweeney in N.J. Supreme Court fight": In today's edition of The Newark (N.J.) Star-Ledger, Brent Johnson has a front page article that begins, "The six-year standoff between Gov. Chris Christie and state Senate President Stephen Sweeney over the composition of the state Supreme Court escalated again this past week -- and it soon may see even more drama."
Posted at 11:11 AM by Howard Bashman


"Public invited to watch special Supreme Court session at THS; Topeka High School will host Kansas Supreme Court session": Chief Justice Lawton R. Nuss of the Supreme Court of Kansas has this essay online at The Topeka Capital-Journal.
Posted at 11:07 AM by Howard Bashman


"Forecasting Votes in Hellerstedt": Adam Feldman has this post at his new blog, "Empirical SCOTUS."
Posted at 11:04 AM by Howard Bashman


"Time to Protect Abortion Rights From 'Undue Burden'": Kenneth Jost has this post today at his blog, "Jost on Justice."
Posted at 10:54 AM by Howard Bashman


"Donald Trump says GOP leaders risk loss of Supreme Court": Stephen Dinan of The Washington Times has this report.
Posted at 10:52 AM by Howard Bashman


Saturday, March 5, 2016

"Is Ducey trying to stack the Supreme Court?" Columnist EJ Montini has this essay online at The Arizona Republic.
Posted at 11:22 PM by Howard Bashman


"Jane Kelly Supreme Court nomination could pressure Grassley": Grant Rodgers of The Des Moines Register has this report.
Posted at 08:37 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: Culture Rot . . . Or 'The Dusty SCOTUS Pop-Culture References of Yore.'" Aaron Nielson has this blog post today at the Yale Journal on Regulation.
Posted at 08:04 PM by Howard Bashman


"Harriet Miers nomination papers set for release": Josh Gerstein of Politico.com has a blog post that begins, "As Washington is rapt by a Supreme Court standoff, the National Archives is preparing to release a trove of records pertaining to the last round of high court drama: President George W. Bush's failed nomination of White House counsel Harriet Miers in 2005."
Posted at 07:46 PM by Howard Bashman


"Potential high court nominee Nguyen inspired by her family": The Associated Press has this report.
Posted at 07:30 PM by Howard Bashman


My list of the dozen federal appellate judges who I currently view as the most engaging and talented opinion writers: Contained in my article titled "Secrets of Great Appellate Writing," published in the March 2016 edition of "Appellate Issues," a publication of the American Bar Association Judicial Division's Council of Appellate Lawyers.

There are in fact 13 jurists on that list, but sadly one passed away three weeks ago.
Posted at 01:28 PM by Howard Bashman



"Same-sex marriage: Finally settled in Alabama?" Lyle Denniston has this post at "SCOTUSblog."

My earlier coverage of yesterday's Alabama Supreme Court order appears at this link.
Posted at 01:07 PM by Howard Bashman



"Canada's Catholic hospitals in a tough spot on assisted death": Sean Fine of The Toronto Globe and Mail has an article that begins, "It started with a Supreme Court ruling that government could not criminalize doctor-assisted death. Now, a parliamentary committee is recommending that all publicly funded health-care institutions provide the service, and major Catholic hospitals such as St. Paul's in Vancouver and St. Joseph's in Hamilton are drawing a line in the sand against it."
Posted at 01:02 PM by Howard Bashman


"Harvard Law to Abandon Crest Linked to Slavery": Anemona Hartocollis has this article in today's edition of The New York Times.
Posted at 12:55 PM by Howard Bashman


"Ted Cruz Promoted Himself and Conservative Causes as Texas' Solicitor General": Jonathan Mahler has this front page article in today's edition of The New York Times.
Posted at 10:38 AM by Howard Bashman


"Three More Judges Said to Be Vetted for Supreme Court": Julie Hirschfeld Davis has this article in today's edition of The New York Times.
Posted at 10:34 AM by Howard Bashman


Friday, March 4, 2016

"Secrets of Great Appellate Writing": That's the title of my contribution to the March 2016 edition of "Appellate Issues," a publication of the American Bar Association Judicial Division's Council of Appellate Lawyers.
Posted at 09:15 PM by Howard Bashman


"Appeals court denies 'Whitey' Bulger's bid for new trial": Bob McGovern of The Boston Herald has this report.

And The Associated Press reports that "Court rejects ex-gangster Whitey Bulger's bid for new trial."

Circuit Judge O. Rogeriee Thompson wrote today's ruling of the U.S. Court of Appeals for the First Circuit for a unanimous three-judge panel.
Posted at 09:07 PM by Howard Bashman



"Rebecca Bradley leaves arguments early to speak to business group": Patrick Marley of The Milwaukee Journal Sentinel has an article that begins, "Wisconsin Supreme Court Justice Rebecca Bradley cut out of oral arguments last week so she could give a political speech to the state's chamber of commerce -- a group that has spent heavily in the past backing conservative candidates."

And The Associated Press reports that "Bradley left Supreme Court early for speech."
Posted at 08:54 PM by Howard Bashman



"The Supreme Court Doesn't Need a Hero Right Now": Law professor Cass R. Sunstein has this essay online today at Bloomberg View.
Posted at 08:52 PM by Howard Bashman


U.S. Supreme Court stays Fifth Circuit's stay of federal district court's injunction against Louisiana's abortion regulations: You can access today's order of the U.S. Supreme Court at this link.

In early coverage, The Associated Press reports that "Supreme Court puts hold on Louisiana abortion clinic law."
Posted at 04:08 PM by Howard Bashman



"Can a 3-year old represent herself in immigration court? This judge thinks so." Jerry Markon of The Washington Post has this report.
Posted at 03:05 PM by Howard Bashman


"Alabama Supreme Court dismisses petitions opposing gay marriage": Kent Faulk of The Birmingham News has this report.

Brian Lyman of The Montgomery Advertiser reports that "Alabama Supreme Court dismisses same-sex marriage suits."

And The Associated Press reports that "Alabama court refuses to defy Supreme Court on gay marriage."

You can access today's order of the Supreme Court of Alabama, and the separate opinions accompanying it, at this link.
Posted at 02:58 PM by Howard Bashman



"Tribute: The Justice who said he hated writing." William Jay has this guest post today at "SCOTUSblog."
Posted at 02:18 PM by Howard Bashman


"A Jurisprudence of Doubt & Undue Burdens: Why Deciding Not To Decide in Whole Woman's Health Would Be A Mistake." Leah Litman has this post at Casetext.
Posted at 02:06 PM by Howard Bashman


"'Docs v. Glocks' Judge Wilson Doesn't Dissent Lightly": Patrick Gregory of Bloomberg BNA has this report.
Posted at 01:55 PM by Howard Bashman


Shirley Phelps-Roper wins today in the Eighth Circuit: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 01:34 PM by Howard Bashman


"Ex-senator who pleaded guilty in sex sting loses appeal": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:28 PM by Howard Bashman


"For Merrick Garland, possible nominee status is nothing new": Jessica Gresko of The Associated Press has this report.
Posted at 01:18 PM by Howard Bashman


"Remembering Justice Scalia": Harvard Law School has posted this video on YouTube.
Posted at 01:14 PM by Howard Bashman


Access online the audio of this week's U.S. Supreme Court oral arguments: Via this link.
Posted at 01:10 PM by Howard Bashman


"Harvard Law School committee recommends retiring controversial seal": Steve Annear of The Boston Globe has this report.
Posted at 01:07 PM by Howard Bashman


"Law School Committee Recommends Seal Change": The Harvard Crimson has an article that begins, "A committee tasked with re-considering Harvard Law School's seal in light of its ties to slavery recommended Friday that the Harvard Corporation revoke the emblem's status as the school's official symbol."

And Harvard Law Today reports that "Law School committee recommends retiring current shield."

You can access online a memo from Harvard Law School's dean and the committee's recommendation.
Posted at 11:11 AM by Howard Bashman



"Ruth Bader Ginsburg Walked All Over Texas' Restrictive Abortion Law; She and the other women on the Supreme Court were on fire": Cristian Farias of The Huffington Post has this report.
Posted at 11:02 AM by Howard Bashman


"Court: Death of cows at Walkersville dairy farm cannot be blamed on fireworks." Brandi Bottalico of The Frederick (Md.) News-Post has this report on a ruling that the Court of Appeals of Maryland issued on Monday.

The court's opinion begins, "In this case, we address whether noise emanating from the discharge of a fireworks display constitutes an abnormally dangerous activity, which would warrant the imposition of strict liability."
Posted at 10:54 AM by Howard Bashman



"Maryland's highest court hears arguments over Porter testimony in Freddie Gray cases": Kevin Rector and Justin Fenton have this front page article in today's edition of The Baltimore Sun.

Reuters reports that "Maryland high court takes up key issue in Freddie Gray death."

And The Associated Press reports that "Maryland's high court hears arguments in Freddie Gray case."

You can view the video of yesterday's oral argument in the Court of Appeals of Maryland -- that state's highest court -- via this link, featuring Maryland's high court judges in that state's deep red judicial robes with white neck bands. The history of Maryland's red judicial robes is described in this obituary.
Posted at 10:44 AM by Howard Bashman



"It's OK to Laugh at the Supreme Court": Law professor Noah Feldman has this essay online at Bloomberg View.

Although, as the essay explains, it's permissible to laugh at the U.S. Supreme Court, the Court would prefer that you were laughing with it.
Posted at 10:23 AM by Howard Bashman



"Wacky Week for Supreme Court Oral Arguments": Kimberly Robinson of Bloomberg BNA has this report.

This afternoon, the U.S. Supreme Court will finally make the audio of this week's oral arguments available for everyone's listening pleasure via this link.
Posted at 10:16 AM by Howard Bashman



"One potential Supreme Court nominee always ready for a fight": Jessica Gresko of The Associated Press has this report.

And Maria Sudekum of The Associated Press has articles headlined "Kelly is rare federal judge with public defender background" and "Judge would be first Indian-American named to Supreme Court."

Elsewhere, on Tuesday Tom Goldstein of "SCOTUSblog" had a post titled "Five potential nominees from the federal appellate bench," promising that "In the coming days, we will be publishing profiles of all five." Thus far, none of those profiles has yet appeared.
Posted at 08:45 AM by Howard Bashman



"Senate Minority Leader Reid Expects Supreme Court Nomination Soon": This audio segment featuring Emily Bazelon appeared on today's broadcast of NPR's "Morning Edition."
Posted at 08:34 AM by Howard Bashman


Thursday, March 3, 2016

"Charles Grassley Faces Formidable Challenger in Iowa Senate Race": In Friday's edition of The New York Times, Jennifer Steinhauer will have an article that begins, "With Senator Charles E. Grassley under attack for his handling of the Supreme Court nomination process, a formidable Democratic challenger will run against him this November, the most significant sign yet that Democrats see the court and the candidacy of Donald J. Trump as twin liabilities for Republicans."
Posted at 08:50 PM by Howard Bashman


"A Way to a Deal on a Supreme Court Nomination": In Friday's edition of The New York Times, James B. Stewart will have this new installment of his "Common Sense" column.
Posted at 08:44 PM by Howard Bashman


"Conservative Lawmakers Push New Legal Protections for Opponents of Gay Rights": In Friday's edition of The New York Times, Alan Blinder and Campbell Robertson will have an article that begins, "Less than a year after the Supreme Court recognized a constitutional right to same-sex marriage, conservative lawmakers across the country are pushing for a new round of legal protections for opponents of gay rights."
Posted at 08:25 PM by Howard Bashman


"In Deflategate Appeal, Judges Question Tom Brady's Claims": Ken Belson of The New York Times has an article that begins, "A federal appeals court panel indicated Thursday that it was not sympathetic to Patriots quarterback Tom Brady's defense in what is known as the Deflategate case, perhaps signaling that it will overturn the district court's ruling against the N.F.L."
Posted at 08:14 PM by Howard Bashman


"The Senate's Duty on a Supreme Court Nominee": Vice President Joseph R. Biden Jr. will have this op-ed in Friday's edition of The New York Times. Apparently the vice president does not have enough clout to publish a guest post at "SCOTUSblog."
Posted at 08:04 PM by Howard Bashman


"Court debate may lead to 'Deflategate' suspension for Brady": The Associated Press has a report that begins, "The odds that the 'Deflategate' four-game suspension of New England Patriots quarterback Tom Brady is restored rose considerably after federal appeals court arguments Thursday."

Bob McGovern of The Boston Herald reports that "Tom Brady takes a hit in fiery Deflategate hearing."

And Ben Volin of The Boston Globe reports that "Tom Brady's attorney is scrutinized by appeal judges."
Posted at 04:02 PM by Howard Bashman



"Constitution Check: Where do abortion rights go from here?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:40 PM by Howard Bashman


Access more of the video of Georgia State University Law Review's symposium "Invisible Justices: Supreme Court Transparency in the Age of Social Media": In addition to the luncheon symposium, which has been available online for almost a month, you can now access the video of the panels titled "Transparency in the Supreme Court"; "Cameras in the Courtroom and the Role of Social Media"; and "Separation of Powers and the Role of Congress."
Posted at 01:00 PM by Howard Bashman


"Are Animals 'Things'? The law evolves." Cara Feinberg has this article in the March-April 2016 issue of Harvard Magazine.
Posted at 10:34 AM by Howard Bashman


"Chief Justice Roberts rejects request to block mercury rule": The Associated Press has this report.
Posted at 10:32 AM by Howard Bashman


"Justices soon could hint at outcome in Texas abortion case": Mark Sherman of The Associated Press has a report that begins, "For a clue on how the Supreme Court may decide a major abortion case it heard Wednesday, look to its impending decision in a fight over abortion clinics in Louisiana."
Posted at 10:30 AM by Howard Bashman


"NFL to ask U.S. court to restore Brady's 'Deflategate' suspension": Nate Raymond of Reuters has this report.

And The Associated Press reports that "Appeals court to hear oral arguments in 'Deflategate' case."
Posted at 10:28 AM by Howard Bashman



"McConnell, Grassley rally conservative groups for Supreme Court fight; Republicans warn progressive groups are organized for nomination battle": John Bresnahan of Politico.com has this report.

And Edward-Isaac Dovere of Politico.com has a report headlined "Dems: Trump may get us a SCOTUS win."
Posted at 10:24 AM by Howard Bashman



"The Supreme Court's New Era": Linda Greenhouse has this essay online today at The New York Times.
Posted at 10:14 AM by Howard Bashman


Wednesday, March 2, 2016

"Texas Retailers Lose Fight Against Anti-Surcharge Law": In February 2015, Jess Davis of Law360.com had an article (subscription required for full access) that begins, "A Texas federal judge on Wednesday dealt a blow to a group of merchants challenging a state law governing how they can disclose a credit card surcharge to consumers, dismissing their argument that the rule infringes their free speech rights."

Today, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued this decision affirming the district court's dismissal of the case.
Posted at 10:32 PM by Howard Bashman



"Iowa judge Jane Kelly possible U.S. Supreme Court pick": Grant Rodgers of The Des Moines Register has an article that begins, "Jane Kelly, 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 10:04 PM by Howard Bashman


"The Company Scalia Kept": Jeffrey Toobin has this post online today at The New Yorker.
Posted at 09:50 PM by Howard Bashman


"Will the Supreme Court Deadlock on the Texas Abortion Case? The first contentious case since Antonin Scalia's death has at least one justice looking for an exit." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 09:02 PM by Howard Bashman


"Texas Abortion Case Comes Down to 'Undue Burdens'": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:49 PM by Howard Bashman


"The Women Take Over: In oral arguments for the Texas abortion case, the three female justices upend the Supreme Court's balance of power." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 08:19 PM by Howard Bashman


"Sweeney: Christie 'absolutely' broke deal on N.J. Supreme Court." Brent Johnson of NJ.com has this report.
Posted at 08:16 PM by Howard Bashman


"Justice Kruger has a baby": David Ettinger has this post today at the "At the Lectern" blog.
Posted at 08:02 PM by Howard Bashman


"Harvard's Eugenics Era: When academics embraced scientific racism, immigration restrictions, and the suppression of 'the unfit.'" Adam S. Cohen has this article in the March-April 2016 issue of Harvard Magazine.
Posted at 06:10 PM by Howard Bashman


"Ex-headmaster's child porn conviction overturned": Jessica Masulli Reyes of The News Journal of Wilmington, Delaware has this report.

And The Associated Press reports that "Court tosses child porn convictions of ex-school headmaster."

You can access today's ruling of the Supreme Court of Delaware at this link.
Posted at 05:50 PM by Howard Bashman



"Supreme Court Opinions and The 'Audience Problem'": Erica Goldberg has this post today at her "In A Crowded Theater" blog.
Posted at 05:06 PM by Howard Bashman


"Supreme Court Appears Sharply Divided as It Hears Texas Abortion Case": Adam Liptak of The New York Times has this report.

Robert Barnes and Sandhya Somashekhar of The Washington Post report that "Supreme Court hears arguments on Texas abortion-clinics case." Sarah Kaplan reports that "Those who waited, through cold and rain, finally get precious seats for Supreme Court history." And Danielle Paquette and Sandhya Somashekhar report that "South Texas's only abortion clinic is battleground for major Supreme Court case."

David G. Savage of The Los Angeles Times reports that "Supreme Court's female justices take aim at Texas abortion restrictions."

Richard Wolf of USA Today reports that "Supreme Court closely divided on abortion case."

Jess Bravin, Louise Radnofsky, and Brent Kendall of The Wall Street Journal report that "Some Supreme Court Justices Cite Lack of Detail in Key Abortion Case; Questions by justices during oral arguments raise possibility of sending the case back to lower court."

Michael Doyle of McClatchy DC reports that "No clear sign from Supreme Court how it will rule on Texas abortion law."

Greg Stohr of Bloomberg News reports that "Texas Abortion Clinic Rules Questioned at U.S. High Court."

Cristian Farias and Laura Bassett of The Huffington Post report that "Supreme Court Hears Historic Case That Could Seal Fate Of Roe v. Wade; The liberal justices stood strong against Texas -- and maybe Justice Anthony Kennedy will side with them."

Chris Geidner of BuzzFeed News reports that "Scalia's Absence Rules Out Big Victory For Abortion Opponents At Supreme Court; The case -- eyed by advocates on both sides of the abortion fight as a pivotal moment -- took a turn in the wake of Justice Antonin Scalia's death; An empowered liberal bench."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: Two options on abortion law?" And Mark Walsh has a post titled "A 'view' from the Courtroom: Extra time to weigh a divisive issue."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Whole Woman's Health v. Hellerstedt, No. 15-274.
Posted at 04:45 PM by Howard Bashman



"Justices, Other Legal Luminaries Pay Tribute to 'Nino'": Jess Bravin has this post today at WSJ.com's "Law Blog."
Posted at 04:17 PM by Howard Bashman


"White House Said to Be Vetting Appeals Court Judge for Supreme Court Seat": Julie Hirschfeld Davis of The New York Times has an article that begins, "The White House is vetting Jane L. Kelly, a career public defender turned federal appellate judge, as a potential nominee for the Supreme Court, as President Obama closes in on a decision that could reshape the court for decades and create an election-year showdown with Republicans."
Posted at 04:11 PM by Howard Bashman


"Supreme Court divided in high-stakes Texas abortion case": Lawrence Hurley of Reuters has this report.
Posted at 12:22 PM by Howard Bashman


"Abortion case appears to split depleted Supreme Court": Mark Sherman of The Associated Press has this report.
Posted at 11:45 AM by Howard Bashman


"Texas Abortion Case at Supreme Court -- Live Blog": From WSJ.com, at this link.
Posted at 11:44 AM by Howard Bashman


"Kemp, Womack win Supreme Court seats; Goodson loses chief justice race; Little Rock lawyer Mason trails circuit judge": In today's edition of The Arkansas Democrat-Gazette, Spencer Willems has a front page article that begins, "In a pair of Supreme Court campaigns highlighted by negative ads from out-of-state groups, Circuit Court Judges Dan Kemp and Shawn Womack easily defeated sitting Justice Courtney Goodson and Little Rock attorney Clark Mason."

And The Associated Press reports that "Outside groups' spending pays off in Arkansas court races."
Posted at 11:40 AM by Howard Bashman



"FAC 6 (First Amendment Conversations) The Law & Politics of Money: A Q & A with Richard Hasen -- Part I." Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 11:24 AM by Howard Bashman


"Obama to unveil U.S. Supreme Court nomination soon: Senator Reid." Reuters has this report.
Posted at 11:23 AM by Howard Bashman


In Bashman news from Australia: The Herald Sun of Melbourne reports that "Pair bash man outside Templestowe home."

And last week, 9 News of Sydney reported that "Gang of teens bash man, steal phone in early morning attack."
Posted at 11:20 AM by Howard Bashman



"Differing Perspectives on California Law Requiring Pregnancy Clinics to Post Abortion Information": Law professor Sherry F. Colb has this essay online today at Justia's Verdict.
Posted at 10:26 AM by Howard Bashman


"Supreme Court Set to Take Up Key Abortion Case; Justices to focus on two Texas provisions regulating clinics": Jess Bravin of The Wall Street Journal has this report.
Posted at 10:18 AM by Howard Bashman


"Justices, law clerks, children remember Scalia": Richard Wolf of USA Today has this report.

Joan Biskupic of Reuters reports that "Supreme Court justices heap warmth, wit on Scalia."

The Associated Press reports that "Scalia remembered as dad, colleague, friend at memorial."

And at "SCOTUSblog," Mark Walsh has a post titled "Justice Scalia is celebrated for his intellect, wit, and faith."
Posted at 08:30 AM by Howard Bashman



"Incumbents Holding Supreme Court Seats, Criminal Court Runoffs Likely": Jordan Rudner of The Texas Tribune has this report.

And Bobby Blanchard of The Dallas Morning News reports that "Incumbents holding leads in Texas judicial races."
Posted at 08:23 AM by Howard Bashman



"Apple files appeal in San Bernardino iPhone case": Josh Gerstein of Politico.com has this blog post.
Posted at 08:20 AM by Howard Bashman


"The forgotten history of Justice Ginsburg's criticism of Roe v. Wade": Robert Barnes of The Washington Post has this report.

Richard Wolf of USA Today reports that "Major abortion case arrives at Supreme Court."

And Ariane de Vogue of CNN.com reports that "Supreme Court takes up Texas abortion law."
Posted at 08:16 AM by Howard Bashman



Tuesday, March 1, 2016

"Justices OK child porn sentence in war of words": Richard Wolf of USA Today has this report.

Mark Sherman of The Associated Press reports that "Justices on both sides invoke Scalia in sentencing case."

Courthouse News Service has a report headlined "Child-Porn Sentence Hinges on Oxford Comma."

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Whereas, the Supreme Court Rules for Stuffy Language."
Posted at 09:44 PM by Howard Bashman



"Another Nomination Battle for Obama to Fight": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:32 PM by Howard Bashman


"Gridlock Hits The Supreme Court: With Antonin Scalia gone -- and no new justice expected any time soon -- the high court is in flux and the eight remaining justices are left in waiting." Chris Geidner of BuzzFeed News has this report.
Posted at 08:45 PM by Howard Bashman


"Texas' Big Lie: The laws it insists protect women's health are actually anti-abortion; Will the Supreme Court see through the charade?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:26 PM by Howard Bashman


"Elena Kagan Is the Best Writer on the Supreme Court: Her dissent in Lockhart v. United States shows she's also Antonin Scalia's unlikely intellectual heir." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 08:20 PM by Howard Bashman


"Scalia's absence felt in abortion case; Backers of Texas law restricting abortion are hoping Anthony Kennedy can get them a 4-4 tie": Josh Gerstein and Jennifer Haberkorn of Politico.com have this report.
Posted at 08:12 PM by Howard Bashman


"Five potential nominees from the federal appellate bench": Tom Goldstein has this post today at "SCOTUSblog."
Posted at 08:09 PM by Howard Bashman


"At Memorial, Scalia Remembered as Happy Combatant": Adam Liptak of The New York Times has this report.
Posted at 06:12 PM by Howard Bashman


"Name Your Supreme Court Pick, President Obama": This editorial will appear in Wednesday's edition of The New York Times.
Posted at 06:10 PM by Howard Bashman


"Christie names N.J. Supreme Court nominee for a second time": Yesterday, Brent Johnson of NJ.com had an article that begins, "In a surprise move Monday, Gov. Chris Christie announced he will seek to fill a long-standing vacancy on the state Supreme Court by re-nominating a veteran Monmouth County judge he unsuccessfully pushed for the bench nearly four years ago."

And today at NJ.com, Johnson has an article headlined "Sweeney slaps down Christie over N.J. Supreme Court nominee."
Posted at 06:08 PM by Howard Bashman



"Apple-FBI fight may be custom made for Supreme Court": Richard Wolf and Jessica Guynn of USA Today have this report.
Posted at 06:04 PM by Howard Bashman


"Time off the bench: The social lives of Supreme Court justices." Roxanne Roberts of The Washington Post has this report.
Posted at 06:03 PM by Howard Bashman


"What the Supreme Court's Infamous 1927 Eugenics Decision Tells Us About Filling Justice Scalia's Seat": Adam Cohen has this essay online at The National Book Review.
Posted at 06:02 PM by Howard Bashman


Upcoming speaking engagements/events: On April 1, 2016, I will be in Chicago at the Northwestern University School of Law to participate in a Media and the Court session with the inimitable Tony Mauro.

On May 24, 2016, I will be in Louisville, Kentucky serving as a panelist at the U.S. Court of Appeals for the Sixth Circuit's Judicial Conference.

On July 14, 2016, I will be in Irvine, California serving as a panelist at the 6th annual UCI Supreme Court Term in Review.

On September 16, 2016, I will be the keynote speaker for the Appellate Practice Institute of the Appellate Practice Section of the State Bar of New Mexico.

And from November 10-13, 2016, I will be attending the 2016 Appellate Judges Institute Summit in my hometown of Philadelphia, where I may be fortunate enough to be moderating a panel (stay tuned). I am involved with a large group of judges and other appellate lawyers in helping to plan this event, and I hope many, many readers of this blog will be able to attend what promises to be a very worthwhile event.

I am really looking forward to each and every one of these upcoming speaking engagements/events.
Posted at 05:54 PM by Howard Bashman



"How Contraception Court Challenge Hurts Religious Freedom: Conservatives have challenged the Affordable Care Act's contraception mandate on the grounds that it tramples on their religious liberty, but a leading law professor argues that the lawsuit would undermine freedom of worship in the long run." Sarah Posner has this essay online at The American Prospect about an amicus brief that law professor Douglas Laycock recently filed in the U.S. Supreme Court.
Posted at 05:32 PM by Howard Bashman


"Why Brooklyn judge's All Writs Act decision is huge win for Apple": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 05:26 PM by Howard Bashman


"John Roberts Says He Should've 'Paid That Bill' After Lights Go Out At Supreme Court; It's the second strange occurrence in the courtroom this week": Cristian Farias of The Huffington Post has this report.
Posted at 04:33 PM by Howard Bashman


"About this Blog -- ILB will go dark the end of March": Marcia Oddi has this post today at "The Indiana Law Blog."
Posted at 04:30 PM by Howard Bashman


"Courting Business": In the March 7, 2016 issue of The New Yorker magazine, James Surowiecki has a "The Financial Page" essay in the Talk of the Town section that begins, "In Antonin Scalia's thirty years on the Supreme Court, his name became a byword for social conservatism."
Posted at 04:22 PM by Howard Bashman


"Supreme Court standoff looms over Republicans' Senate defense": Reuters has this report.
Posted at 03:14 PM by Howard Bashman


"Will the U.S. Supreme Court Take Precedent Seriously on Abortion? Justices are set to hear a major case this week -- and will be forced to decide whether they meant what they've said in the past." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 02:25 PM by Howard Bashman


"Supreme Court set to consider contentious Texas abortion case": Lawrence Hurley of Reuters has this report.
Posted at 02:22 PM by Howard Bashman


"Obama Makes Case to G.O.P. Senators to Fill Supreme Court Seat": Gardiner Harris of The New York Times has this report.

Gregory Korte of USA Today reports that "After meeting, Obama and GOP remain at impasse over Supreme Court vacancy."

And Ayesha Rascoe of Reuters reports that "No breakthrough in Supreme Court dispute between Obama, Republicans."
Posted at 02:00 PM by Howard Bashman



"Special prosecutor: No criminal charges likely in porn scandal." Craig R. McCoy has this front page article in today's edition of The Philadelphia Inquirer.
Posted at 01:50 PM by Howard Bashman


"Justice Scalia Memorial Service: Family members, former law clerks, and Supreme Court justices spoke at a memorial service for Justice Antonin Scalia, who died February 13, 2016, at age 79." C-SPAN is broadcasting the memorial service live at this link.
Posted at 01:22 PM by Howard Bashman


"U.S. Supreme Court looking at Castille role in murder case": Jeremy Roebuck and Jonathan Tamari have this front page article in today's edition of The Philadelphia Inquirer.

In today's edition of The New York Times, Adam Liptak has an article headlined "Supreme Court Looks at Recusals in Capital Trials." The newspaper also has an editorial titled "Should a Judge Rule on His Own Case?"

Jess Bravin of The Wall Street Journal reports that "Supreme Court to Rule on Judge's Role in Death-Penalty Case; Justices weigh whether judge who had helped prosecute the case should have recused himself."

Mark Sherman of The Associated Press reports that "Justices hear judicial-bias claim in death-row case."

Lawrence Hurley of Reuters reports that "U.S. justices troubled by judge's actions in death penalty case."

At "SCOTUSblog," Richard M. Re has a post titled "Argument analysis: Seeking a recusal rule that the Justices can live with."

Law professor Noah Feldman has an essay titled "Sometimes a Judge Has to Step Aside."

And on yesterday's broadcast of NPR's "Morning Edition," Nina Totenberg previewed the oral argument in an audio segment titled "When Should A Judge Recuse Himself? Supreme Court Weighs The Question."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Williams v. Pennsylvania, No. 15-5040.
Posted at 01:18 PM by Howard Bashman



"U.S. Supreme Court Justice Clarence Thomas Asks Question for First Time in 10 Years; The last time the justice posed a question during oral arguments was Feb. 22, 2006": Brent Kendall of The Wall Street Journal has this report.

Richard Wolf of USA Today reports that "Justice Thomas breaks 10-year silence in court."

On yesterday's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Clarence Thomas Speaks: Supreme Court Justice Breaks 10-Year Silence."

And online at The Atlantic, law professor Garrett Epps has an essay titled "Clarence Thomas Breaks His Silence; The Supreme Court justice asked a question for the first time in 10 years, revealing a different dynamic since the passing of Antonin Scalia earlier this month."
Posted at 01:09 PM by Howard Bashman



"Obama to meet with GOP leaders on court fight": The Associated Press has this report.
Posted at 12:12 PM by Howard Bashman


"Abortion war in Texas tests high court standard": Richard Wolf of USA Today has this report.
Posted at 10:20 AM by Howard Bashman


"Constitution Check: Could the military disobey orders issued by a President Trump?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:17 AM by Howard Bashman


Access online today's rulings in argued cases of the U.S. Supreme Court: The Court today issued two rulings in argued cases.

1. Justice Sonia Sotomayor delivered the opinion of the Court in Lockhart v. United States, No. 14-8358. Justice Elena Kagan issued a dissenting opinion, in which Justice Stephen G. Breyer joined. You can access the oral argument via this link.

2. Justice Anthony M. Kennedy delivered the opinion of the Court in Gobeille v. Liberty Mut. Ins. Co., No. 14-181. Justices Clarence Thomas and Breyer issued concurring opinion. And Justice Ruth Bader Ginsburg issued a dissenting opinion, in which Justice Sotomayor joined. You can access the oral argument audio via this link.
Posted at 10:09 AM by Howard Bashman



"Coequal Branches of Government": U.S. Senator Chuck Grassley (R-IA) has this post today at "SCOTUSblog."
Posted at 08:34 AM by Howard Bashman


"What Being Reckless Means to Today's Courts": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:32 AM by Howard Bashman






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