How Appealing

Saturday, April 30, 2016

"At age 92, Judge Manuel Real is still abusing his power": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 09:44 PM by Howard Bashman


"A 'Wayne's World' Argument at the Supreme Court": Gilad Edelman has this post online at The New Yorker.
Posted at 09:15 PM by Howard Bashman


Friday, April 29, 2016

"U.S. high court approves rule change to expand FBI hacking power": Reuters has this report.

And Bloomberg News reports that "FBI Computer Searches Expanded Under New U.S. Supreme Court Rule."
Posted at 04:35 PM by Howard Bashman



"White House allies make new push for Garland; Groups to blitz nine states with ads, events to pressure GOP to allow a vote on Supreme Court nominee": Edward-Isaac Dovere of Politico.com has this report today.
Posted at 01:26 PM by Howard Bashman


"Baldwin, Johnson bitterly joust over appeals court vacancy": In today's edition of The Milwaukee Journal Sentinel, Craig Gilbert has a front page article that begins, "Wisconsin's two U.S. senators are blaming each other in unusually harsh terms over the failure to fill the nation's oldest vacancy in the federal appeals courts, a marathon six-year impasse that now seems likely to drag on."
Posted at 11:38 AM by Howard Bashman


"WI John Doe Cert. Petition Raises Substantial Questions, But #SCOTUS May Not Bite": Rick Hasen has this post today at his "Election Law Blog."

And in related news coverage, Patrick Marley of The Milwaukee Journal Sentinel reports that "Prosecutors ask U.S. Supreme Court to overturn Doe decision."

And in today's edition of The Wisconsin State Journal, Matthew DeFour has a front page article headlined "Prosecutors appeal John Doe decision to U.S. Supreme Court."
Posted at 11:34 AM by Howard Bashman



"Justice Breyer Stresses Globality": The Hoya, the student newspaper of Georgetown University, has an article that begins, "Supreme Court Associate Justice Stephen Breyer argued that the court should take a more global perspective in legal deliberations and defended the responsibility of the court to uphold the rule of law in a conversation hosted by the department of government as part of the Marver H. Bernstein Symposium in Gaston Hall on Thursday."
Posted at 11:30 AM by Howard Bashman


"Obama's Iran-Contra: The president is spending money that Congress has explicitly told him he can't spend." Marc Zilversmit has this jurisprudence essay online at Slate.
Posted at 11:22 AM by Howard Bashman


"A Supreme Court Challenge for Democrats: Ending ugly confirmation battles would be good for the high court; But a truce cannot be one-sided." In today's edition of The Wall Street Journal, Theodore B. Olson has an op-ed that begins, "The relentless partisan warfare over Supreme Court appointments, including the latest manifestation involving Judge Merrick Garland, is disheartening, damaging to the court and corrosive to civil discourse."

You can freely access the full text of the op-ed via Google.
Posted at 11:18 AM by Howard Bashman



"Breathalyzers, Textalyzers and the Constitution": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:08 AM by Howard Bashman


"What's in a Name Change? Politics, Some at George Mason University Fear." Nicholas Fandos has this front page article in today's edition of The New York Times.
Posted at 11:03 AM by Howard Bashman


Thursday, April 28, 2016

"Chuck Grassley Admits It's 'A Gamble' To Let Trump Fill SCOTUS Vacancy": Jennifer Bendery of The Huffington Post has this report.
Posted at 07:50 PM by Howard Bashman


"'Scalia Law School' Sparks Faculty Feud at George Mason; School nixed plans to name scholarship for liberal Justice Ginsburg": Jacob Gershman and Jess Bravin have this post today at WSJ.com's "Law Blog."
Posted at 07:44 PM by Howard Bashman


"Obama's Push for Court Pick Fizzles as Republicans Stand Firm": Mike Dorning and Tim Higgins of Bloomberg News have a report that begins, "A media blitz by the White House and its allies has failed to crack Republican opposition to President Barack Obama's Supreme Court nominee, and it is all but certain the seat will remain vacant until after U.S. elections in November."
Posted at 03:55 PM by Howard Bashman


"Justices Lean Toward Bob McDonnell, Ex-Virginia Governor, in Corruption Case": Adam Liptak has this article in today's edition of The New York Times.

Robert Barnes of The Washington Post reports that "Supreme Court justices seem skeptical of McDonnell's conviction."

David G. Savage of The Los Angeles Times reports that "Supreme Court may make prosecuting bribery cases against public officials tougher."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Looks Likely to Throw Out Former Virginia Gov. Bob McDonnell's Conviction; McDonnell was convicted in 2014 on 11 corruption counts after he and his wife accepted gifts."

Richard Wolf of USA Today reports that "High court appears likely to ease public corruption rules in McDonnell case."

Frank Green and Jim Nolan of The Richmond Times-Dispatch report that "Skeptical Supreme Court looks for legal standard in McDonnell case." In addition, Nolan has an article headlined "McDonnell relies on faith, family, friends as he gets his day at Supreme Court."

Patrick Wilson of The Virginian-Pilot reports that "Supreme Court justices set skeptical tone during Bob McDonnell hearing."

Lawrence Hurley of Reuters reports that "U.S. top court poised to overturn Virginia ex-governor's bribery conviction."

Greg Stohr of Bloomberg News reports that "Supreme Court May Raise Bar for Corruption Prosecutions."

Sam Hananel of The Associated Press reports that "High court seems poised to overturn McDonnell conviction."

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

Josh Gerstein of Politico.com reports that "Supreme Court justices appear to be leaning in McDonnell's favor."

Todd Ruger of Roll Call reports that "McDonnell's Supreme Court Appeal Could Change Politics; Case hinges on what qualifies as an 'official action' under bribery and fraud laws."

Cristian Farias of The Huffington Post reports that "Convicted Gov. Bob McDonnell May Just Convince The Supreme Court He's Innocent; The former Virginia governor's appeal could redefine the rules of government corruption."

Chris Geidner of BuzzFeed News reports that "Supreme Court Skeptical Of Former Virginia Governor's Prosecution; Justice Stephen Breyer says the challenge to former Virginia Gov. Bob McDonnell corruption conviction has broad implications for the power of federal prosecutors; The case presents 'as fundamental a real separation of powers problem as I've seen,' the justice says."

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court May Be Leaning Toward Voiding Ex-Va. Governor's Corruption Conviction."

Lyle Denniston of "SCOTUSblog" has a post titled "Argument analysis: Anti-corruption law in trouble?"

Online at Slate, Dahlia Lithwick has a Supreme Court dispatch titled "The 'Everybody Does It' Defense: The Supreme Court might let Bob McDonnell off the hook because it can't even define political corruption anymore."

And at the "Democracy in America" blog of The Economist, Steven Mazie has a post titled "The Supreme Court seems inclined to loosen bribery rules for politicians."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in McDonnell v. United States, No. 15-474.
Posted at 01:18 PM by Howard Bashman



"When Smart Supreme Court Justices Play Dumb": Linda Greenhouse has this essay online today at The New York Times.
Posted at 12:50 PM by Howard Bashman


"'Star Trek' Lawsuit: The Debate Over Klingon Language Heats Up." Eriq Gardner has this post today at the "THR, Esq." blog of The Hollywood Reporter.
Posted at 12:42 PM by Howard Bashman


"Roy Moore says complaint on gay marriage order politically motivated": Howard Koplowitz of AL.com has this report.

And Josh Moon of The Montgomery Advertiser has an article headlined "Moore: Judicial complaints are politically motivated."
Posted at 11:12 AM by Howard Bashman



"Drug charges against Chief Justice Roy Moore's son dropped": Kent Faulk of The Birmingham News has this report.
Posted at 11:08 AM by Howard Bashman


"Free Speech for Bad People": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:06 AM by Howard Bashman


"Constitution Check: Can the Supreme Court compromise on corruption?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:03 AM by Howard Bashman


"Supreme Court Strikes Blow for Free Speech -- and Against Arbitrary Government": Evan Bernick has this blog entry online today at The Huffington Post.
Posted at 11:02 AM by Howard Bashman


"D.C. Circuit's Kavanaugh Not Afraid to Say No to Obama": Patrick Gregory of Bloomberg BNA has this report.
Posted at 11:00 AM by Howard Bashman


Wednesday, April 27, 2016

"With Court Ruling, Sodomy Law Doesn't Apply When Victim Is Unconscious": Clifton Adcock of Oklahoma Watch has this report.

And Molly Redden of The Guardian (UK) has an article headlined "Oklahoma court: oral sex is not rape if victim is unconscious from drinking; The ruling sparked outrage among critics who argue the judicial system engaged in victim-blaming and upholding outdated notions about rape and sexual assault."

You can access last month's ruling of the Oklahoma Court of Criminal Appeals -- that state's highest court in criminal cases -- at this link.
Posted at 08:53 PM by Howard Bashman



"Professors Rail Against Renaming Law School After Antonin Scalia, Taking Koch Money; The faculty senate at George Mason University just voted 21-13 to reopen the naming process of the law school": Dan Vergano of BuzzFeed News has this report.
Posted at 08:40 PM by Howard Bashman


"Highest military court hears Marine's religious freedom case": Dianna Cahn of Stars and Stripes has this report.

Bill Mears of FoxNews.com has an article headlined "Court-martialed for expressing faith? Court hears ex-Marine's religious freedom case."

Zoe Tillman of The National Law Journal reports that "Paul Clement, On Unfamiliar Ground, Makes Religious Freedom Case in Military Court; Dispute over U.S. Marine's posting of Bible-inspired text in her work space tests religious freedom law in the military."

And earlier, Michael Doyle of McClatchyDC previewed the case in a report headlined "Bible-citing Marine raises religious freedom questions in appeal."
Posted at 05:30 PM by Howard Bashman



"Digital publisher not liable for freelancers' infringement -- 10th Circuit": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.

My earlier post -- which Frankel's report kindly mentions -- about Monday's Tenth Circuit ruling can be accessed here.
Posted at 05:20 PM by Howard Bashman



"Dangerous New Uses for Government Eavesdropping": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 03:18 PM by Howard Bashman


"Justices Rule First Amendment Protects Officer Demoted in Misunderstanding": Adam Liptak has this article in today's edition of The New York Times.

The Record of Hackensack, New Jersey reports that "Paterson faces possible $2M expense after Supreme Court ruling in cop's free speech case."

Cristian Farias of The Huffington Post reports that "Supreme Court Rules Political Speech Is Protected Even If You Didn't Actually Speak; What matters is the motive of those who sought to punish you."

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Sides With Police Officer In Yard Sign Case."

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Supreme Court Protects Unspoken Free Speech."
Posted at 03:14 PM by Howard Bashman



"Sunstein's False Claim that Scalia Was a Living Constitutionalist": Law professor John O. McGinnis has this post at the "Library of Law and Liberty" blog.
Posted at 03:05 PM by Howard Bashman


Redesigned Seventh Circuit web site coming soon: An announcement displayed on the home page of the web site of the U.S. Court of Appeals for the Seventh Circuit states, "The United States Court of Appeals for the Seventh Circuit is in the process of reconstructing its website. The new site will debut at the end of this week. Any bookmarks to items on our current website will most likely need to be recreated."

Now one could quibble with the use of the term "reconstructing," whose primary meaning suggests that the court's current web site has been damaged or destroyed. My main hope, however, is that the opinion selection options for "last week" and "last month" are replaced with the more accurate descriptions of "past week" and "past month."
Posted at 09:55 AM by Howard Bashman



"What Happens When There Aren't Enough Judges to Go Around: 84 federal vacancies, and a glacial confirmation rate, put extra stress on some districts." Eli Hager of The Marshall Project has this news analysis.
Posted at 08:30 AM by Howard Bashman


Proposal to increase Pennsylvania's judicial retirement age from 70 to 75 has been defeated in non-binding voter referendum: According to statistics available from the web site of Pennsylvania's Secretary of State, with 98.78 percent of all voter districts reporting statewide, voters yesterday rejected the amendment to Pennsylvania's Constitution that would have increased the mandatory judicial retirement age from 70 to 75 by a vote of 1,211,231 (50.98%) against to 1,164,818 for (49.02%).

A total of 2,376,049 voters voted on the amendment. By contrast, a total of 2,401,893 voters voted on the other constitutional amendment on yesterday's Pennsylvania statewide ballot, to abolish Philadelphia's Traffic Court.

However, yesterday's vote to reject an increase in Pennsylvania's judicial retirement age doesn't count for reasons explained in this post of mine from earlier this month. At my polling place, I did not see any signs informing voters that the ballot question had been withdrawn from the primary ballot, and as noted above the judicial retirement age amendment received only a total of 25,844 fewer votes than the Philadelphia Traffic Court amendment that actually counted. Even if all of those withheld votes had gone to approve the retirement age increase, the proposal still would have lost under the current vote totals.

For reasons stated in my "Upon Further Review" column published this month in The Legal Intelligencer titled "Delay of Vote on Judicial Retirement Age Could Make One Cynical." I applaud Pennsylvania voters for "rejecting" the proposed five-year extension of Pennsylvania's judicial retirement age. Now Pennsylvania voters merely need to do the same thing once more -- with emphasis -- this November in order for it to count. Unfortunately, as noted in my column this month, the wording of the judicial retirement age ballot provision that will appear in November will be far less informative concerning its effect than the one that appeared on the ballot yesterday.
Posted at 08:12 AM by Howard Bashman



Tuesday, April 26, 2016

"Warrantless Surveillance in Terror Case Raises Constitutional Challenge": Charlie Savage will have this article in Wednesday's edition of The New York Times.
Posted at 10:40 PM by Howard Bashman


"Constitution Check: Do labor unions have a new answer to right-to-work laws?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:07 PM by Howard Bashman


"Bob McDonnell's strange bedfellows; As the ex-Virginia governor challenges his corruption conviction in the Supreme Court, scores of top Democrats and Republicans are rooting him on": Josh Gerstein of Politico.com has this report.
Posted at 07:30 PM by Howard Bashman


"Opponents of North Carolina's Voter ID Law Appeal Ruling": Alan Blinder of The New York Times has an article that begins, "The protracted battle over North Carolina's voting rules moved to a federal appeals court on Tuesday, one day after a judge upheld the Republican-backed overhaul and increased the likelihood that the changes would be in effect for this year's presidential election."
Posted at 05:50 PM by Howard Bashman


"Top Republican floats Cruz as Supreme Court pick": Jesse Byrnes of The Hill has this report.
Posted at 05:44 PM by Howard Bashman


"Justices weigh case of jury discharged, then called back": Mark Sherman of The Associated Press has this report.

Lawrence Hurley of Reuters reports that "U.S. justices mull propriety of recalling discharged jury to duty."

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Jury Verdicts Aren't Magic Anymore."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Dietz v. Bouldin, No. 15-458.
Posted at 05:33 PM by Howard Bashman



"Supreme Court to Weigh Former Virginia Gov. Bob McDonnell's Corruption Case; McDonnell will have simple argument when he asks justices Wednesday to throw out conviction: Everybody does it." Jess Bravin of The Wall Street Journal has this report.
Posted at 05:18 PM by Howard Bashman


"Redskins throw serious shade at The Slants' counsel in new cert petition": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 05:16 PM by Howard Bashman


"How to Say 'Privacy' in U.S. and UK English": Online at Bloomberg View, law professor Noah Feldman has an essay that begins, "Americans think they have a God-given right -- or least a constitutional one -- to the details of celebrity sex lives."
Posted at 05:12 PM by Howard Bashman


"GOP Senate Candidate Says Obama's Supreme Court Pick Deserves A Vote; It's the Senate's job to act on nominees, says David Jolly": Jennifer Bendery of The Huffington Post has this report.
Posted at 05:09 PM by Howard Bashman


"Defining Corruption Downward: Former Virginia Governor Bob McDonnell asks the U.S. Supreme Court to rule that the gifts he took, and the favors he performed, were just politics as usual." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 01:42 PM by Howard Bashman


"Virginia ex-governor plans to argue to the Supreme Court that buying political access is a constitutional right": David G. Savage of The Los Angeles Times has this report.

And Sam Hananel of The Associated Press reports that "McDonnell case at high court will test reach of bribery laws."
Posted at 01:22 PM by Howard Bashman



"Supreme Court decides for N.J. police officer in free-speech case": Robert Barnes of The Washington Post has this report.

David G. Savage of The Los Angeles Times reports that "Supreme Court strengthens free-speech rights of public employees."

Richard Wolf of USA Today reports that "Justices protect free speech, even if unspoken."

Paterson Press reports that "U.S. Supreme Court sides with ex-Paterson police officer in free speech case."

The Associated Press reports that "High court sides with police officer in free speech case."

And Chris Geidner of BuzzFeed News reports that "Supreme Court Sides With Demoted Worker In First Amendment Challenge; A 6-2 win for public employees."
Posted at 01:14 PM by Howard Bashman



In Bashman news from Australia: The Courier of Ballarat, Australia reports today that "Six men with baseball bats bash man, steal his Mercedes, then use it in burglary."
Posted at 10:50 AM by Howard Bashman


"Copyright Case Victor Returns to Supreme Court for Legal Fees": Adam Liptak has this article in today's edition of The New York Times.

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Kirtsaeng v. John Wiley & Sons, Inc., No. 15-375.
Posted at 10:44 AM by Howard Bashman



Thus the lack of any dialogue balloon containing zzz's: Ed Mazza of The Huffington Post has an article headlined "What The Heck Is Clarence Thomas Doing In This Courtroom Sketch? He's not sleeping."
Posted at 10:38 AM by Howard Bashman


"Why the effort to keep Merrick Garland off the Supreme Court has been remarkably successful": Mike DeBonis of The Washington Post has a report that begins, "Since Justice Antonin Scalia died suddenly in February, the Judicial Crisis Network has been on the front lines of the conservative fight to keep President Obama from filling the unexpected vacancy on the Supreme Court."
Posted at 10:32 AM by Howard Bashman


"Because Norris sufficiently alleged that Judge Camp was actually biased against him, we reverse and remand for an evidentiary hearing." Circuit Judge William H. Pryor, Jr. yesterday issued this ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit in a case in which former U.S. District Judge Jack Camp (N.D. Ga.) presided over the defendant's criminal trial.

As noted in this earlier "How Appealing" post, Camp resigned from the federal bench on the same day he pleaded guilty to federal criminal charges in November 2010.
Posted at 10:28 AM by Howard Bashman



Tenth Circuit affirms summary judgment in favor of Examiner.com under DMCA in dispute over rights to celebrity photographs: You can access yesterday's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.

And the district court's earlier ruling in the case, which the Tenth Circuit affirmed yesterday, can be accessed here.
Posted at 10:15 AM by Howard Bashman



Access online today's ruling of the U.S. Supreme Court in an argued case: The Court today issued a ruling in one argued case.

Justice Stephen G. Breyer delivered the opinion of the Court in Heffernan v. City of Paterson, No. 14-1280. Justice Clarence Thomas issued a dissenting opinion, in which Justice Samuel A. Alito, Jr. joined. You can access the oral argument via this link.
Posted at 10:05 AM by Howard Bashman



"As McDonnell awaits Supreme Court, another governor watches from prison": Robert Barnes of The Washington Post has this report.

And Lawrence Hurley of Reuters reports that "Virginia ex-governor takes corruption appeal to U.S. top court."
Posted at 07:48 AM by Howard Bashman



In the May 2016 issue of ABA Journal magazine: Mark Walsh has an article headlined "Senate hold on Merrick Garland nomination is unprecedented, almost."

And David L. Hudson Jr. has an article headlined "States seek to stop voters from posting ballot selfies."
Posted at 07:40 AM by Howard Bashman



"'Redskins' name defense reaches Court": Lyle Denniston has this post at "SCOTUSblog," along with a post titled "Another look at proof of bank fraud."
Posted at 07:25 AM by Howard Bashman


Monday, April 25, 2016

"Colorado Supreme Court won't hear Lakewood baker discrimination case; The high court's decision not to hear the case effectively upholds previous rulings that Masterpiece Cakeshop owner Jack Phillips cannot cite his religious beliefs or free-speech rights in refusing to make a wedding case for a same-sex couple": Jordan Steffen of The Denver Post has this report.

Bradford Richardson of The Washington Times reports that "Colorado Supreme Court declines to hear gay wedding cake case."

And The Associated Press has an report headlined "Colorado court: Ruling stands that baker can't cite religion."
Posted at 09:56 PM by Howard Bashman



"Cosby loses appeal bid, criminal case to resume": Jeremy Roebuck and Laura McCrystal of The Philadelphia Inquirer have this report.

And Reuters reports that "Cosby sex assault prosecution can move ahead -- Pennsylvania court."
Posted at 09:48 PM by Howard Bashman



"Infamous objectors' counsel targeted in sanctions motion in MLB class action": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 09:32 PM by Howard Bashman


"Some Thoughts About a Former Colleague": The prepared remarks that retired Justice John Paul Stevens delivered today at the Washington University School of Law in St. Louis can be accessed here.
Posted at 08:32 PM by Howard Bashman


U.S. District Judge David G. Campbell (D. Ariz.) to succeed Sixth Circuit Judge Jeffrey S. Sutton as chair of the Committee on Rules of Practice and Procedure of the U.S. Courts: Effective October 1, 2016, as reported in a news release that the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 08:09 PM by Howard Bashman


"Court: Law doesn't bar suits against cigarette manufacturers." The Associated Press has a report that begins, "Connecticut's highest court has ruled that lawsuits against cigarette manufacturers aren't prohibited by an exemption in liability law, bolstering the case of a smoker who got cancer and won a $28 million judgment against a tobacco company."

Today's ruling of the Supreme Court of Connecticut consists of the opinion of the court and a concurring opinion. The matter was before the court on certified question from the U.S. Court of Appeals for the Second Circuit.
Posted at 01:22 PM by Howard Bashman



"Offensive Names to Get Day in Court (You, Too, Redskins)": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:09 PM by Howard Bashman


"Tom Brady's 4-game suspension reinstated by court": Kim Atkins of The Boston Herald has this report.

Ken Belson of The New York Times reports that "Tom Brady's Deflategate Suspension Reinstated."

The Associated Press has a report headlined "Appeals court: QB Tom Brady must serve 'Deflategate' penalty."

Reuters reports that "Appeals court restores Brady's 'Deflategate' suspension."

And Bloomberg News reports that "Tom Brady's 'Deflategate' Suspension Reinstated by Appeals Court."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 12:55 PM by Howard Bashman



"Madness: In Florida prisons, mentally ill inmates have been tortured, driven to suicide, and killed by guards." Eyal Press has this article in the May 2, 2016 issue of The New Yorker.
Posted at 09:48 AM by Howard Bashman


"A Shy Teen's Stand for Transgender Rights": Kenneth Jost had this post yesterday at his blog, "Jost on Justice."
Posted at 09:46 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 two new cases.

And in Arrigoni Enters., LLC v. Town of Durham, No. 15-631, Justice Clarence Thomas issued a dissent, in which Justice Anthony M. Kennedy joined, from the denial of certioari.
Posted at 09:40 AM by Howard Bashman



Sunday, April 24, 2016

"Supreme Court Books: Authors talked about their books on the Supreme Court." C-SPAN's Book TV has posted the video of this recent event at this link.
Posted at 11:14 PM by Howard Bashman


"California jurors misusing the Internet could face fines": The Associated Press has this report.
Posted at 11:10 PM by Howard Bashman


"UK Supreme Court urged to uphold press ban on celebrity threesome story": Reuters has this report.
Posted at 11:09 PM by Howard Bashman


"Jurors unmoved by McDonnell's appeal arguments": The Associated Press has a report that begins, "As former Gov. Bob McDonnell's public corruption case goes before the U.S. Supreme Court, three of the jurors who convicted him say they remain certain they did the right thing."
Posted at 11:05 PM by Howard Bashman


Saturday, April 23, 2016

"Indiana Law Blog will be back online Monday": Kristine Guerra of The Indianapolis Star had this article two weeks ago -- which means, of course, that the "Indiana Law Blog" is now back in existence!
Posted at 01:22 PM by Howard Bashman


"Sex offenders win and lose in 'peculiar' rulings by the Kansas Supreme Court; The court overruled three of its own opinions issued on the same day": Tony Rizzo of The Kansas City Star has an article that begins, "In an apparently unprecedented series of events, the Kansas Supreme Court on Friday overruled three of its own opinions, also released Friday, regarding the state's sex offender registration laws. In three separate opinions issued Friday, the court found 2011 changes to the sex offender registry law cannot be applied retroactively to offenders convicted before the law took effect. But then in a fourth opinion, also released Friday, the court found that those rulings were incorrect."

Justin Wingerter of The Topeka Capital-Journal reports that "Sex offender registry compared to 'The Scarlet Letter' in fiery Kansas Supreme Court opinions; Several 4-3 opinions show divide on the court over registration."

And at his "Sentencing Law and Policy" blog, Douglas A. Berman has a post titled "Split Kansas Supreme Court, reversing itself in real time, ultimately decides that state's lifetime sex offender registration law is constitutional."

You can access here, here, here, and here yesterday's four rulings of the Supreme Court of Kansas.
Posted at 10:18 AM by Howard Bashman



"Major Wisconsin cases could hang in balance at short-handed Supreme Court": Patrick Marley of The Milwaukee Journal Sentinel recently had an article that begins, "Having the U.S. Supreme Court short one justice for the foreseeable future could affect Wisconsin cases dealing with voter ID, abortion, an investigation of Gov. Scott Walker's campaign and how legislative districts are drawn."
Posted at 10:03 AM by Howard Bashman


"USPTO appeals to Supreme Court for ruling on racially tinged trademarks; Asian-American rock band won't get its trademark until the high court weighs in": Joe Mullin of Ars Technica has this report.
Posted at 10:00 AM by Howard Bashman


"Have some of the courts' power been shifted to Congress?" Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:58 AM by Howard Bashman


"Because Texas law does not impose a duty of good faith and fair dealing in the student-university relationship, we affirm." So holds a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 09:45 AM by Howard Bashman


Friday, April 22, 2016

"John Roberts Under Attack: The chief justice continues to be blamed for Merrick Garland not getting a Senate hearing." Dahlia Lithwick has this jurisprudence essay online today at Slate.
Posted at 10:00 PM by Howard Bashman


Federal Circuit reinstates patent infringement suit brought against online ticketing companies Vivid Seats and Fandango: You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 01:55 PM by Howard Bashman


"Appeals court tosses challenge to federal debt limit": Stephen Dinan of The Washington Times has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:45 PM by Howard Bashman


"Edwin Meese, former AG under Reagan, warns against confirming Garland": David Sherfinski of The Washington Times has this report.
Posted at 01:35 PM by Howard Bashman


"Iran Accuses U.S. of Theft in $2 Billion Court Ruling for Terror Victims": Rick Gladstone of The New York Times has this report.
Posted at 01:23 PM by Howard Bashman


Requirement that nonresident attorneys maintain office in New York State does not violate Privileges and Immunities Clause, Second Circuit rules: You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link. Although the Second Circuit rarely grants rehearing en banc, this case would seem to have as good of a chance as any for full-court review.

My coverage of the Second Circuit's previous ruling in the case, from April 2014, can be accessed here.
Posted at 01:11 PM by Howard Bashman



Thursday, April 21, 2016

"Antonin Scalia's Rightful Revolution": Law professor Stephen L. Carter has this essay online today at Bloomberg View.
Posted at 11:48 PM by Howard Bashman


"The strong interest in uniform application of the law means that we should usually follow unpublished decisions." Fifth Circuit Judge Gregg Costa today issued a dissenting opinion that begins:
The strong interest in uniform application of the law means that we should usually follow unpublished decisions. But the difference between published and unpublished decisions must mean something. Otherwise, we should just "publish" everything and give all opinions the weight of binding authority.
You can access the majority opinion at this link.
Posted at 11:44 PM by Howard Bashman


"U.S. appeals decision striking down ban on offensive trademarks": Reuters has a report (subscription required for full access) that begins, "Trademark officials may legitimately refuse to support the use of racial slurs without violating the First Amendment, the U.S. government said in a petition to the U.S. Supreme Court on Wednesday."

You can access the petition for a writ of certiorari that the U.S. Patent and Trademark Office filed yesterday in the U.S. Supreme Court at this link.
Posted at 11:20 PM by Howard Bashman



"Ashley Madison plaintiffs cannot sue anonymously over hack, judge says": Reuters has this report.
Posted at 11:15 PM by Howard Bashman


"Abbott blasts Roberts, calls U.S. Supreme Court a 'political body'": Kevin Diaz of The Houston Chronicle has an article that begins, "Texas Gov. Greg Abbott, wading into the battle over President Barack Obama's nominee to fill the Supreme Court vacancy caused by the death of Associate Justice Antonin Scalia, said Thursday that high court 'deserves to be swept up into the political process.'"
Posted at 11:05 PM by Howard Bashman


"Minor Error, Major Effect": Today at the U.S. Law Week blog, Nicholas Datlowe has a post that begins, "Late Wednesday afternoon, April 20, the U.S. Supreme Court issued a minor correction to the majority opinion in Franchise Tax Board of California v. Hyatt, 2016 BL 123436 (U.S. April 19, 2016)."
Posted at 11:00 PM by Howard Bashman


"Originalist or Original: The Difficulties of Reconciling Citizens United With Corporate Law History." Chief Justice Leo E. Strine, Jr. of the Supreme Court of Delaware and Nicholas Walter have this article in the current issue of the Notre Dame Law Review.
Posted at 10:54 PM by Howard Bashman


"2nd Circuit Says Couple Can't Keep Stolen Jewel": Nick Rummell of Courthouse News Service has an article that begins, "A couple who owned a diamond stolen by a disgraced celebrity stylist never had a legitimate title to the stone and can't sue to keep it, the Second Circuit ruled."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 08:44 PM by Howard Bashman



"Get In Line, SCOTUS. This Court Has Been Waiting 2,296 Days For A Judge. A single Republican senator is behind the delays." Jennifer Bendery of The Huffington Post has an article that begins, "The Supreme Court has been waiting two months for the Senate to do something about its empty seat. If you think that sounds like a long time, you haven't heard about the federal circuit court in Wisconsin. It's been waiting more than six years for a judge, and it's not looking like Republicans will give the court one anytime soon, either."
Posted at 08:07 PM by Howard Bashman


"Blood Tests and Bad Lawyering: The Supreme Court finds unity in the face of bumbling attorneys and a tough Fourth Amendment case." Mark Joseph Stern has this Supreme Court dispatch online at Slate.
Posted at 02:38 PM by Howard Bashman


"Supreme Court Questions Punishments for Refusing Drunken-Driving Tests; Justices suggest officers should get warrants before conducting chemical tests for intoxication": Brent Kendall of The Wall Street Journal has this report.

And Allison Sherry of The Minneapolis Star Tribune reports that "Supreme Court takes hard look at Minn. implied-consent law; With the Supreme Court accepting the cases out of Minnesota and North Dakota, it appears the justices want to clear up the Fourth Amendment argument against unreasonable searches."
Posted at 01:38 PM by Howard Bashman



"Supreme Court Upholds Arizona's Redrawn Legislative Map": Adam Liptak has this article in today's edition of The New York Times.

Robert Barnes of The Washington Post reports that "Supreme Court upholds Arizona redistricting plan."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Upholds Arizona Voting Districts Drawn by Independent Panel; Unanimous court rejects Republican claims map illegally favors Democrats."

Richard Wolf of USA Today reports that "Supreme Court gives states leeway on political maps."

Mary Jo Pitzl of The Arizona Republic reports that "Supreme Court upholds Arizona redistricting plan."

Howard Fischer of The Arizona Daily Star has an article headlined "Supreme Court: Arizona's redrawn legislative districts are legal."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court upholds Arizona legislative districts."

Greg Stohr of Bloomberg News reports that "Supreme Court Backs Arizona Voting Map in Republican Setback."

Josh Gerstein of Politico.com reports that "Supreme Court upholds Arizona legislative redistricting."

And Chris Geidner of BuzzFeed News reports that "Unanimous Supreme Court Sets High Bar For Challenging Redistricting Maps."
Posted at 01:33 PM by Howard Bashman



"Court won't force release of more drone-killing info": Josh Gerstein of Politico.com has a blog post today that begins, "A federal appeals court has rebuffed an effort to force the Obama administration to release more information about its policies for using deadly drone strikes, but the administration appears to be on the verge of a voluntary effort to make public some more detail about the program."
Posted at 01:02 PM by Howard Bashman


"High court nominee praises lawyers for helping the poor": Mark Sherman of The Associated Press has this report.

Ann E. Marimow of The Washington Post reports that "Merrick Garland speaks -- but not about the Supreme Court."

Josh Gerstein of Politico.com reports that "Garland speech may signal new phase in confirmation effort."

And Zoe Tillman of The National Law Journal reports that "In Rare Public Remarks, Garland Urges Lawyers to Close Justice Gap; Supreme Court nominee mum on confirmation clash in Senate."
Posted at 11:02 AM by Howard Bashman



Wednesday, April 20, 2016

"Supreme Court Rules Iran Bank Must Pay for Terrorist Attacks": Adam Liptak will have this article in Thursday's edition of The New York Times.

David G. Savage of The Los Angeles Times reports that "Supreme Court rules against Iranian bank over frozen assets."

Brent Kendall of The Wall Street Journal reports that "Supreme Court Upholds Terrorism Victims' Ability to Collect Frozen Iran Funds; High court rejects challenge to law that intervened in pending court case."

Ariane de Vogue of CNN.com reports that "Supreme Court rules in favor of terror victims."

Cristian Farias of The Huffington Post reports that "Supreme Court Rules For Congress -- And Victims Of Iran-Sponsored Terrorism; The ruling means Iran's central bank must pay terror claims."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: A broad addition to Congress's powers?"
Posted at 10:50 PM by Howard Bashman



"Racial Discrimination and Capital Punishment: The Indefensible Death Sentence of Duane Buck." Lincoln Caplan has this post online today at The New Yorker.
Posted at 10:06 PM by Howard Bashman


"A Biglaw Associate's Big Supreme Court Victory": David Lat has this post at "Above the Law."
Posted at 10:04 PM by Howard Bashman


"SCOTUS Makes Exception to No-Cell-Phone Policy": Kimberly Robinson of Bloomberg BNA has this report.
Posted at 08:17 PM by Howard Bashman


"Supreme Court skeptical of drunken-driving breath tests without warrants": Richard Wolf of USA Today has this report.

Online at Bloomberg View, law professor Noah Feldman has an essay titled "Even Drunken Drivers Have Rights."

And at The Huffington Post, Evan Bernick has a blog entry titled "Supreme Court to Decide Whether States Can Make You Leave Your Fourth Amendment Rights at the DMV."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Birchfield v. North Dakota, No. 14-1468.
Posted at 08:15 PM by Howard Bashman



"Contraception-only plans are unworkable, Justice Dept. tells Supreme Court; Little Sisters say the government isn't trying hard enough": Tom Howell Jr. of The Washington Times has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Still a gap on Court's birth-control idea."
Posted at 08:00 PM by Howard Bashman



"Argument preview: Political favors as crimes." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 07:48 PM by Howard Bashman


"Two Surprise Votes for the Power of Courts": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 07:33 PM by Howard Bashman


"Supreme Court allows families of terrorism victims to collect Iranian assets": Robert Barnes of The Washington Post has this report.

Richard Wolf of USA Today reports that "Supreme Court upholds Iran payments for terrorism."

Mark Sherman of The Associated Press reports that "Terror victims win Supreme Court judgment against Iran."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court rejects Iran bank's bid to avoid payout to attack victims."

And Greg Stohr of Bloomberg News reports that "Iran Terror Victims Win at U.S. Supreme Court, Can Collect $2 Billion."
Posted at 01:11 PM by Howard Bashman



"Volkswagen Case Gives Judge, Onetime Aspiring Actor, Role of a Lifetime": Kate Galbraith has this profile of Senior U.S. District Judge Charles R. Breyer (N.D. Cal.) in today's edition of The New York Times.
Posted at 01:03 PM by Howard Bashman


"Appeals ruling threatens key provision of North Carolina law": The Associated Press has a report that begins, "A federal appeals court ruling on transgender bathroom access in public schools threatens a key provision of a North Carolina law limiting protections for the LGBT community."

In coverage from North Carolina, Anne Blythe of The News & Observer of Raleigh reports that "Appeals court rules for transgender teen in Virginia bathroom case."

And Colin Campbell of The News & Observer reports that "House Bill 2 backers ask legislators to sign loyalty pledge."
Posted at 12:53 PM by Howard Bashman



"High court expresses doubts about drunk driving laws": The Associated Press has this report.
Posted at 12:42 PM by Howard Bashman


"Harvard Yard to the Rose Garden: Merrick Garland's College Days: As a pre-med freshman, Merrick B. Garland '74 likely did not see himself going to law school, let alone standing at the side of the United States President in 2016 as the most recent nominee for the U.S. Supreme Court." Marella A. Gayla and Claire E. Parker of The Harvard Crimson have this report.
Posted at 10:18 AM by Howard Bashman


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

1. Justice Stephen G. Breyer delivered the opinion for a unanimous Court in Harris v. Arizona Independent Redistricting Comm'n, No. 14-232. You can access the oral argument via this link.

2. Justice Ruth Bader GInsburg delivered the opinion of the Court in Bank Markazi v. Peterson, No. 14-770. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justice Sonia Sotomayor joined. You can access the oral argument via this link.

3. And Justice Anthony M. Kennedy delivered the opinion of the Court in Molina-Martinez v. United States, No. 14-8913. Justice Samuel A. Alito, Jr. issued an opinion, in which Justice Thomas joined, concurring in part and concurring in the judgment. You can access the oral argument via this link.
Posted at 10:04 AM by Howard Bashman



Yesterday's award for creativity in footnote designation contained in a federal appellate court's published opinion goes to: This ruling of the U.S. Court of Appeals for the Tenth Circuit (backup copy of the original ruling can be accessed here).
Posted at 09:02 AM by Howard Bashman


"Unbeknownst to Appellants, the stash house did not actually exist, but was fabricated by undercover federal agents as part of a sting operation." Nevertheless, yesterday a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued this ruling upholding the defendants' convictions for the crimes they committed in planning to rob the hypothetical stash house.
Posted at 08:39 AM by Howard Bashman


"Aircraft design-defect claim not barred by federal law -- 3rd Circuit": Reuters has this report (subscription required for full access) on a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued yesterday.
Posted at 08:32 AM by Howard Bashman


Tuesday, April 19, 2016

"Appeals court backs ban on snowboarders at Utah ski resort": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 11:36 PM by Howard Bashman


"State Power-Plant Subsidies Struck Down by U.S. Supreme Court": Greg Stohr of Bloomberg News has this report.

Lawrence Hurley of Reuters reports that "U.S. top court rules against Maryland over power plant subsidies."

The Associated Press reports that "High court strikes down Maryland power plant subsidies."

Robin Bravender of Greenwire reports that "Supreme Court smacks down Md. power incentives."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: U.S. energy regulators' authority grows."

You can access today's ruling of the U.S. Supreme Court in Hughes v. Talen Energy Marketing, LLC, No. 14-614, at this link.
Posted at 11:32 PM by Howard Bashman



"Why Republican Resistance to Vote on Supreme Court Nominee Remains Strong": Siobhan Hughes has this post today at WSJ.com's "Washington Wire" blog.
Posted at 11:18 PM by Howard Bashman


"Disgruntled inventor's $500-million verdict against California tax collectors cut to $50,000": David G. Savage of The Los Angeles Times has this report.

Richard Wolf of USA Today reports that "High court deadlocked on war between states."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Rules Against Chip Inventor in California Income-Tax Dispute; Justices in stalemate over bigger issue over whether citizens of one state can sue another state from their home state's court."

Sam Hananel of The Associated Press reports that "High court tie lets states face lawsuits in other states."

Josh Gerstein of Politico.com has a blog post titled "Supreme Court splits 4-4, again, in state sovereignty fight."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: States need to be good neighbors."

You can access today's U.S. Supreme Court ruling in Franchise Tax Bd. of Cal. v. Hyatt, No. 14-1175, at this link.
Posted at 11:12 PM by Howard Bashman



"U.S. Supreme Court set to weigh state's breath test law; The ruling in the case to be heard Wednesday could touch thousands of the state's motorists each year, attorneys say": Allison Sherry of The Minneapolis Star Tribune has this report.
Posted at 10:48 PM by Howard Bashman


"On Immigration, the Supreme Court Sounds More Like Congress": Jeffrey Toobin has this post online today at The New Yorker.
Posted at 10:42 PM by Howard Bashman


"In NFL concussion case, 3rd Circuit reopens door for personal injury class actions": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today. Before concluding, Frankel's report kindly mentions "the beloved How Appealing blog."
Posted at 09:32 PM by Howard Bashman


"Is God a Spaghetti Monster? That's a Serious Legal Question." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:02 PM by Howard Bashman


"Appeals Court Favors Transgender Student in Virginia Restroom Case": Richard Fausset of The New York Times has this report.

Moriah Balingit of The Washington Post reports that "Federal appeals court sides with transgender teen, says bathroom case can go forward."

Louis Llovio of The Richmond Times-Dispatch reports that "Appeals court backing of transgender Virginia teen could resonate nationally."

Dave Ress of The Daily Press of Newport News, Virginia reports that "Appeals court rules in favor of Gloucester teenager in bathroom dispute."

And Cristian Farias of The Huffington Post reports that "Appeals Court Sides With Trans Student Denied Access To High School Boys Bathroom; The court adopted the Obama administration's position that federal law prohibits discrimination against transgender students."

My earlier coverage of today's Fourth Circuit ruling can be accessed here.
Posted at 08:57 PM by Howard Bashman



"Polygamy Is Constitutional. Here's Why." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:44 PM by Howard Bashman


"Out Of The Horror In Oklahoma City, Merrick Garland Forged The Way Forward": Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered."

And today at "The Fix" blog of The Washington Post, Chris Cillizza has an entry titled "Democrats are winning the Supreme Court fight over Merrick Garland. Big time."
Posted at 08:00 PM by Howard Bashman



"Roberts on legal standing, then and now": Bob Egelko of The San Francisco Chronicle has this blog post today.
Posted at 07:56 PM by Howard Bashman


"Court overturns Virginia school's transgender bathroom rule": The Associated Press has this report on the ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.

I previously had this post collecting news coverage of the appellate oral argument.

Update: In other coverage, Josh Gerstein of Politico.com has a blog post titled "Appeals court win for transgender boy in bathroom case."

Reuters reports that "U.S. court rules for Virginia student on transgender bathroom access."

And Chris Geidner of BuzzFeed News reports that "Federal Appeals Court Upholds Protections For Transgender People In Landmark Ruling; The Obama administration has taken the position that sex discrimination bans under federal law include protections against anti-transgender discrimination; On Tuesday, the 4th Circuit Court of Appeals upheld that interpretation."
Posted at 02:11 PM by Howard Bashman



"Ongoing judicial vacancies slows court system, delays trials" -- in Canada: Nicole Riva of Yahoo! News has a report that begins, "There are more than three dozen vacancies for federally appointed judges across Canada, a shortage which legal experts say has significant impact on how the courts function."
Posted at 01:10 PM by Howard Bashman


"Challenge to Google Books Is Declined by Supreme Court": Adam Liptak and Alexandra Alter have this article in today's edition of The New York Times.

And yesterday at "SCOTUSblog," Lyle Denniston had a post titled "Google's book-copying project survives challenge."
Posted at 01:05 PM by Howard Bashman



"Making the Case in Moot Court: The Columbia Law School students impressed a roomful of observers -- and Justice Samuel Alito." Ralph Gardner Jr. of The Wall Street Journal has this report. You can freely access the full text of the article via Google.

Earlier today, Columbia Law School's Twitter feed had a since deleted tweet (linking to the article) that referred to Justice Alito as "Scalia Jr." -- thus explaining this Tweet of mine from earlier today. In the nature of Twitter, some understood my particular tweet as a generalized observation.
Posted at 12:56 PM by Howard Bashman



"The vanishing constitutional issue in United States v. Texas": Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.

And yesterday at "SCOTUSblog," Denniston had a post titled "Argument analysis: Search for a fifth vote on immigration."
Posted at 12:45 PM by Howard Bashman



"Out Of The Horror In Oklahoma City, Merrick Garland Forged The Way Forward": Nina Totenberg of NPR has this report today.
Posted at 12:40 PM by Howard Bashman


Monday, April 18, 2016

Programming note: On Tuesday morning, I will be meeting with trial counsel in two recently filed appeals on which I will be working.

At 10 a.m. eastern time on Tuesday, the U.S. Supreme Court will issue one or more rulings in argued cases. You can access the rulings via this link just as soon as they are posted online.
Posted at 11:26 PM by Howard Bashman



"U.S. Supreme Court won't review case of 76-year-old man serving life without parole for pot": Kent Faulk of The Birmingham News has this report.
Posted at 11:20 PM by Howard Bashman


"Immigration case puts renewed focus on Garland nomination": Tom LoBianco of CNN.com has this report.
Posted at 11:18 PM by Howard Bashman


"The Supreme Court Is All Tied Up: A bitter, partisan 4-4 ruling is on the cards over immigration, showing just how broken the system is." Dahlia Lithwick has this Supreme Court dispatch online at Slate.

And online at The New York Times Magazine, Emily Bazelon and Eric Posner have a conversation titled "What Should We Expect From the Supreme Court's Showdown Over Immigration?"
Posted at 10:12 PM by Howard Bashman



"U.S. top court appears unlikely to revive Obama immigration plan": Lawrence Hurley of Reuters has this report.

Chris Geidner of BuzzFeed News reports that "Closely Divided Supreme Court Digs Into Obama's Immigration Action; The eight justices appeared to be split 4-4 on whether the 2014 immigration executive action and its effects are legal, but Justice Anthony Kennedy signaled an openness to dismissing the case on standing grounds."

Cristian Farias and Elise Foley of The Huffington Post report that "Supreme Court Doubts Texas Has A Legal Right To Challenge Immigration Policy; United States v. Texas, a challenge to the president's executive actions on immigration, will be a linchpin of election-year politics."

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Appears Divided On Obama Immigration Actions."
Posted at 08:09 PM by Howard Bashman



"Appeals Court Affirms Landmark N.F.L. Concussion Settlement": Ken Belson of The New York Times has this report.

And Jeremy Roebuck of The Philadelphia Inquirer reports that "NFL's $1 billion concussion settlement upheld by federal appeals court."
Posted at 07:54 PM by Howard Bashman



"Supreme Court Justices Appear Split on Immigration Case; If court deadlocks, Obama's policy to shield millions from deportation likely would be frozen": Brent Kendall, Jess Bravin, and Louise Radnofsky of The Wall Street Journal have this report.
Posted at 04:00 PM by Howard Bashman


"Conservatives on Skids Before Scalia's Death": Kenneth Jost had this post yesterday at his "Jost on Justice" blog.
Posted at 03:56 PM by Howard Bashman


"Oklahoma City a defining moment in Merrick Garland's career": The Associated Press has this report.

And if the observation seems familiar, a little over one month ago I had this post linking to a Los Angeles Times article headlined "Oklahoma City bombing deeply affected Supreme Court nominee Merrick Garland."
Posted at 03:50 PM by Howard Bashman



Oral argument transcript in United States v. Texas, No. 15-674, now available online: The U.S. Supreme Court has posted the transcript online at this link.
Posted at 01:40 PM by Howard Bashman


Not to be confused with Kathleen M. Sullivan: Last Thursday, Rob Hotakainen of McClatchy Washington Bureau had an article headlined "Obama announces nominees for 3 Washington judicial vacancies."

Also on Thursday, the White House issued a news release titled "President Obama Nominates Three to Serve on the United States District Court."

And on Friday, the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued a news release titled "White House Announces Nominees to U.S. District Court for Western District of Washington."

One of the three nominees is Seattle attorney Kathleen M. O'Sullivan, a former law clerk to Ninth Circuit Judge M. Margaret McKeown.
Posted at 01:38 PM by Howard Bashman



"Supreme Court Declines to Hear Google Books Case; Lower courts had ruled that Google's scanning of books for its database was 'fair use'": Brent Kendall of The Wall Street Journal has this report.
Posted at 01:20 PM by Howard Bashman


"Supreme Court Appears Divided on Obama's Immigration Plan": Adam Liptak and Michael D. Shear of The New York Times have this report.

Robert Barnes of The Washington Post reports that "Initial prognosis poor for Obama's immigration program at Supreme Court."

David G. Savage of The Los Angeles Times reports that "Supreme Court appears split over Obama's immigration plan."

Richard Wolf of USA Today reports that "Supreme Court split on Obama immigration plan."

And Greg Stohr of Bloomberg News reports that "Supreme Court Suggests Divide Over Obama Immigration Plan."
Posted at 01:10 PM by Howard Bashman



"Immigration prompts role reversal at Supreme Court; Liberals and conservatives swap sides on issue of when states can challenge the federal government in court": Josh Gerstein of Politico.com has this report.
Posted at 01:06 PM by Howard Bashman


"NFL's $1 billion concussion settlement upheld by U.S. appeals court": Reuters has this report.

And The Associated Press reports that "Appeals court upholds $1B NFL concussion settlement."
Posted at 12:08 PM by Howard Bashman



"Justices seem divided over Obama immigration actions": Mark Sherman of The Associated Press has this report.
Posted at 12:06 PM by Howard Bashman


"When a Senator Passes Judgment on a Chief Justice": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 11:25 AM by Howard Bashman


Third Circuit affirms class certification and settlement approval in NFL concussion class action: You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 10:16 AM by Howard Bashman


Access online today's ruling in an argued case of the U.S. Supreme Court: The Court today issued one ruling in an argued case.

Justice Anthony M. Kennedy delivered the opinion of the Court in Welch v. United States, No. 15-6418. Justice Clarence Thomas issued a dissenting opinion. You can access the oral argument audio via this link.

Update: In early news coverage, The Associated Press reports that "Justices extend ruling on repeat offenders' prison terms."
Posted at 10:08 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 today, but the Court did call for the views of the Solicitor General in one case.

Update: In early news coverage, Lawrence Hurley of Reuters reports that "Supreme Court rejects challenge to Google book-scanning project."

And Greg Stohr of Bloomberg News reports that "Google Book Project Can Proceed as Supreme Court Spurns Appeal."
Posted at 09:33 AM by Howard Bashman



"The Hollywood Hit-Job on Justice Clarence Thomas: I covered the confirmation hearings in 1991; HBO's movie heavily edits history to favor Anita Hill." Stuart Taylor Jr. has this essay online at The Wall Street Journal. You can freely access the full text of the essay via Google.
Posted at 08:26 AM by Howard Bashman


"Supreme Court Weighs Obama's Executive Action On Immigration": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 08:22 AM by Howard Bashman


Sunday, April 17, 2016

"NC Supreme Court rejects state's repeal of teacher tenure": Craig Jarvis of The Raleigh News & Observer has an article that begins, "The North Carolina Supreme Court on Friday ruled unconstitutional a state law that phased out job protections for teachers who had already earned them."

You can access Friday's ruling of a unanimous Supreme Court of North Carolina at this link.
Posted at 10:38 PM by Howard Bashman



"Focus on Chief Justice as Supreme Court Hears Immigration Challenge": Adam Liptak of The New York Times has this report.

Richard Wolf of USA Today has an article headlined "As Supreme Court battle looms, undocumented immigrants seek truce."

David Nakamura of The Washington Post reports that "Supreme Court showdown to begin over Obama's moves to block deportations."

Miriam Jordan of The Wall Street Journal reports that "Supreme Court to Hear Case on Protecting Illegal Immigrants From Deportation; Challenge to Obama administration policy is one of the biggest issues before the high court this year." You can freely access the full text of the article via Google.

In today's edition of The Austin American-Statesman, James Barragan and Jazmine Ulloa have a front page article headlined "Supreme Court to weigh Obama's immigration programs."

Daniel Gonzalez of The Arizona Republic reports that "Stakes high on both sides as Supreme Court hears arguments on Obama's immigration actions."

Seung Min Kim of Politico.com reports that "Obama's immigration legacy goes to court."

And online at USA Today, law professor Erwin Chemerinsky has an essay titled "Texas immigration case should be an easy call."
Posted at 10:15 PM by Howard Bashman



"George Clooney Puts Supreme Court at Heart of Fundraising": Jordan Frasier of NBC News has this report today.
Posted at 09:55 PM by Howard Bashman


"NC Supreme Court hears arguments about retention elections": Earlier this week, Anne Blythe of The Raleigh News & Observer had an article that begins, "Justices of the N.C. Supreme Court were in an unusual position Wednesday when they asked the lawyers before them about a case that will have an impact on how sitting justices and others seeking a seat on the state's highest court stand for election."

And The Associated Press reports that "NC Supreme Court hears arguments on retention."
Posted at 09:52 PM by Howard Bashman



"Cheerleaders for Christ: The women of Kountze, Texas, have been fighting for four years to put Bible verses on their banners; Their case is a look at what's ahead for religious-liberty conflicts in America." Emma Green has this article online at The Atlantic.
Posted at 09:42 PM by Howard Bashman


"Contra Obama: As Senate Republicans refuse to consider the Obama's SCOTUS nominee, the remaining eight justices take up his immigration directive." Slate has posted online this "Amicus" podcast featuring Dahlia Lithwick with Brianne Gorod.
Posted at 11:34 AM by Howard Bashman


"Christie Supreme Court nominee's law firm donated big and reaped millions from N.J." Matt Arco has this front page article in today's edition of The Newark (N.J.) Star-Ledger.
Posted at 11:30 AM by Howard Bashman


"UK legal aid residence test to be challenged in supreme court; Government's denial of aid to people who have lived in UK for less than 12 months is being contested by Public Law Project": Owen Bowcott of The Guardian (UK) has this report.
Posted at 11:27 AM by Howard Bashman


"In last big test of Obama era, Supreme Court to take up immigration policy": David G. Savage of The Los Angeles Times has this report.

And today's edition of The New York Times contains an editorial titled "Immigration Politics at the Court."
Posted at 09:33 AM by Howard Bashman



"High court takes up case for shielding immigrants from deportation": Michael Matza has this article in today's edition of The Philadelphia Inquirer.
Posted at 09:25 AM by Howard Bashman


Saturday, April 16, 2016

"No sane judge would pass Bernie Sanders' Supreme Court litmus test": Columnist Michael McGough has this essay online at The Los Angeles Times.
Posted at 11:00 PM by Howard Bashman


"Family of Immigrants, Only One a Citizen, Anxiously Awaits Supreme Court Ruling": Julia Preston will have this article in Sunday's edition of The New York Times.
Posted at 10:55 PM by Howard Bashman


"More Than Immigration at the High Court: The Supreme Court's look at Obama's executive action perfectly explains the Merrick Garland fight." Dahlia Lithwick has this jurisprudence essay online today at Slate.
Posted at 09:03 PM by Howard Bashman


"Supreme Court strikes down Tories' tough-on-crime laws": Sean Fine of The Toronto Globe and Mail has an article that begins, "The Supreme Court of Canada has sounded a death knell for mandatory minimum jail sentences passed by the former Conservative government, indirectly sending a message to the Liberal government to get on with the job of undoing Harper-era laws that put judges in a sentencing straitjacket."

CBC News reports that "Supreme Court strikes down 2 Conservative sentencing reforms; Rulings from Canada's top court strike down mandatory minimum sentences for drugs and bail conditions."

And The Canadian Press reports that "Supreme Court rules two tough-on-crime laws unconstitutional."

Yesterday, the Supreme Court of Canada issued two related rulings, which you can access here and here.
Posted at 01:32 PM by Howard Bashman



"HBO's 'Confirmation' Revisits Anita Hill, Clarence Thomas and Drama in the Senate": John Koblin of The New York Times has this review of the movie, which airs tonight on HBO.
Posted at 01:23 PM by Howard Bashman


Friday, April 15, 2016

"A break with custom on opinion release": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 11:44 PM by Howard Bashman


"As part of our commitment to transparency, I wanted to alert you to some errors related to publishing cases in Westlaw and our print volumes that we have now corrected." Thomson Reuters issued this statement this evening.

According to the statement:

In March, Thomson Reuters became aware that small portions of text were missing in a number of new cases posted to Westlaw due to the introduction of an upgrade to our PDF conversion process in November 2014. We immediately conducted an investigation, which revealed that approximately one-half of one percent (0.5%) of total decisions added to our collection during this period were affected by these issues.
A list of the many cases affected, including numerous federal appellate court decisions, can be accessed here. The news release also links to examples of the omissions.
Posted at 09:50 PM by Howard Bashman


"Supreme Court Immigration Ruling Won't End Political Tussle": Michael D. Shear and Julie Hirschfeld Davis will have this article in Saturday's edition of The New York Times.
Posted at 09:00 PM by Howard Bashman


"Immigrants in limbo as U.S. top court weighs Obama action": Lawrence Hurley of Reuters has this report.
Posted at 08:50 PM by Howard Bashman


"Kansas Supreme Court to consider for the first time whether right to abortion exists in Kansas Constitution; A.G. Schmidt's request for review granted by Chief Justice Nuss": Earlier this week, Justin Wingerter of The Topeka Capital-Journal had an article that begins, "With six simple words Monday, the Kansas Supreme Court agreed to consider the most divisive question before it in recent years: whether the Kansas Constitution guarantees the right to an abortion."
Posted at 08:40 PM by Howard Bashman


"The Time Ted Cruz Defended a Ban on Dildos; His legal team argued there was no right 'to stimulate one's genitals'": David Corn has this report at Mother Jones.

At Jezebel's "The Slot" blog, Joanna Rothkopf has a post titled "Are You Surprised That Ted Cruz Once Fought Passionately Against Dildos?"

At "Above the Law," Joe Patrice has a post titled "Ted Cruz Is No Fan Of Dildos."

And AVN News reports that "Screaming O To School Ted Cruz With Lifetime Sex Toy Supply; Company responds to Cruz's protest of self-pleasure with L.A. Academy of Sex Ed scholarship."

My coverage of the decisions in the case when it was pending in the U.S. Court of Appeals for the Fifth Circuit can be accessed here and here.
Posted at 08:17 PM by Howard Bashman



"Kansas Supreme Court justice's fundraising arm decries 'politicized effort' to oust members over school finance; Letter from Justice Carol Beier's fundraising operation says Kansas confronted by self-created financial shortfall": Jonathan Shorman has this front page article in today's edition of The Topeka Capital-Journal.
Posted at 07:52 PM by Howard Bashman


"Pharmacists Seek SCOTUS Rx for Religious Freedom": Patrick Gregory of Bloomberg BNA has this report.
Posted at 03:15 PM by Howard Bashman


"Ted Cruz defended Texas ban on the sale of sex toys in state": The Associated Press has a report that begins, "Defending a Texas state law banning the sale of sex toys, Republican presidential candidate Ted Cruz argued in a 2007 court brief that individuals have no legal right to use them, even in the privacy of their own bedrooms."
Posted at 02:28 PM by Howard Bashman


"Court ends attempt to void early gay marriage in Travis County": Chuck Lindell of The Austin American-Statesman has an article that begins, "The Texas Supreme Court on Friday dismissed Attorney General Ken Paxton's attempt to void the marriage of two Austin women who, thanks to an order from a district judge, tied the knot four months before same-sex marriage became the law of the land last June."

Justices Justice Don R. Willett and Jeff Brown issued concurrences (here and here) in today's order of the Supreme Court of Texas dismissing the State of Texas' petition for writ of mandamus as moot.
Posted at 02:24 PM by Howard Bashman



"Houston lawsuit says man and machine is a marriage made in court": Gabrielle Banks of The Houston Chronicle has an article that begins, "Chris Sevier says he's being denied his right to marry -- his computer."
Posted at 02:16 PM by Howard Bashman


"Supreme Court deadlocks on lead paint case, sends it to Appeals Court": Bruce Vielmetti of The Milwaukee Journal Sentinel has an article that begins, "A case deciding whether lead poisoning victims could sue paint companies was sent to the Court of Appeals after the Wisconsin Supreme Court deadlocked in the decision released Friday."
Posted at 02:13 PM by Howard Bashman


"Immigration at the Supreme Court: What you need to know." Ariane de Vogue of CNN.com has this report.
Posted at 02:08 PM by Howard Bashman


"Christie Supreme Court pick scrutinized over political favor": Claude Brodesser-Akner of NJ.com has this report.
Posted at 02:06 PM by Howard Bashman


"Should a 76-year-old serve life for marijuana? Supreme Court considers review of Alabama man's sentence." Kent Faulk of The Birmingham News has this report.
Posted at 02:03 PM by Howard Bashman


"The 7th Circuit Court of Appeals is allowing a class-action lawsuit to go forward over a data breach at the restaurant chain P.F. Chang's China Bistro." Today's "Morning Cybersecurity" briefing from Politico.com notes (scroll down to sixth item) this ruling that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.
Posted at 11:32 AM by Howard Bashman


Thursday, April 14, 2016

"Meeting With Merrick Garland, G.O.P. Senators Take Long Time to Say No": Emmarie Huetteman will have this article in Friday's edition of The New York Times.

Mike DeBonis of The Washington Post reports that "Democrats hit brick wall in Supreme Court fight."

Dave Boyer of The Washington Times reports that "Obama not ready to concede loss on Supreme Court nomination, White House says."

William Douglas of McClatchyDC has an article headlined "Scholars agree: Senate leaders don't have to consider Supreme Court pick."

Alexander Mallin of ABC News reports that "Dems Would Be 'Justified' in Blocking Supreme Court Nominee of GOP President, White House Says."

Phillip Ericksen of The Waco Tribune reports that "Baylor's Starr says Senate should vote on Supreme Court appointment."

Sabrina Eaton of The Cleveland Plain Dealer reports that "Sen. Rob Portman unmoved after meeting with Supreme Court nominee Merrick Garland."

Deirdre Shesgreen of The Cincinnati Enquirer reports that "Portman praises court nominee but says he's opposed to confirmation."

And Rebekah L. Sanders of The Arizona Republic reports that "Flake meets with Supreme Court nominee, won't support a vote."
Posted at 11:30 PM by Howard Bashman



"The Contraception Compromise: Religious objectors may finally be backing down from their Obamacare challenge; Here's why." Law professors Richard Schragger, Micah Schwartzman, and Nelson Tebbe have this jurisprudence essay online today at Slate.
Posted at 11:16 PM by Howard Bashman


"McDonnell's lawyers urge Supreme Court to reject 'sweeping' U.S. theory of corruption law": Andrew Cain of The Richmond Times-Dispatch has this report.
Posted at 11:10 PM by Howard Bashman


"Supreme Court ruling on immigration may spur more challenges": Richard Wolf of USA Today has this report.
Posted at 09:10 PM by Howard Bashman


"Appeals court reverses ruling that struck down teacher tenure": Bob Egelko of The San Francisco Chronicle has this report.

Howard Mintz of The San Jose Mercury News reports that "California teacher tenure challenge rejected."

Howard Blume, Joy Resmovits, and Sonali Kohli of The Los Angeles Times have an article headlined "In a win for unions, appeals court reverses ruling that threw out teacher tenure in California."

Alexei Koseff of The Sacramento Bee reports that "California court upholds teacher tenure, dismissal laws."

Emma Brown of The Washington Post reports that "California appeals court upholds teacher tenure, a major victory for unions."

The Associated Press has a report headlined "Union victory: appeals court upholds California tenure."

Reuters reports that "California appeals court upholds teacher job protection laws."

And Bloomberg News reports that "Teacher Tenure in California Survives Landmark Challenge."

You can access today's ruling of the California Court of Appeal for the Second Appellate District, Division Two, at this link.
Posted at 09:04 PM by Howard Bashman



"Key Issue at Supreme Court Immigration Hearing: Drivers License Fees; States' ability to challenge Obama policy rests on Texas' claim that plan would require it to subsidize licenses." Jess Bravin and Miriam Jordan of The Wall Street Journal have this report.
Posted at 08:45 PM by Howard Bashman


"Three Mothers Are Fighting For Millions Of Undocumented Immigrants At The Supreme Court; They want to remind the justices that constitutional disputes affect real people": Cristian Farias and Elise Foley of The Huffington Post have this report today.
Posted at 04:15 PM by Howard Bashman


"Immigration Case Injects Supreme Court Into Election-Year Storm": Greg Stohr of Bloomberg News has this report.
Posted at 03:50 PM by Howard Bashman


"Making sense of the supplemental filings in Zubik": Marty Lederman has this post today at the "Balkinization" blog.
Posted at 03:25 PM by Howard Bashman


"Ken Starr Thinks Mitch McConnell Should Fill Scalia's Seat: Reagan appointee and Clinton prober says Merrick Garland deserves hearings and a vote as a matter of 'good government.'" Michael McAuliff of The Huffington Post has this report today.
Posted at 02:05 PM by Howard Bashman


"How to Fix the U.S. Supreme Court Impasse: Some progressives say Obama could appoint Merrick Garland without Senate approval; Only voters can change the situation." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 01:57 PM by Howard Bashman


"The Real Story Behind HBO's 'Confirmation' From The NPR Reporter Who Broke The Story": NPR has posted online this podcast featuring Nina Totenberg.
Posted at 01:54 PM by Howard Bashman


"The Abortion Map Today": Linda Greenhouse has this essay online today at The New York Times.
Posted at 01:50 PM by Howard Bashman


"The Obama Administration Is Out Of Patience For The Supreme Court's Birth Control Tomfoolery": Ian Millhiser has this post at ThinkProgress.
Posted at 01:28 PM by Howard Bashman


"Court Says Flying Spaghetti Monster Is Not a 'Religion'": Howard Friedman had this post yesterday at his "Religion Clause" blog.

Lori Pilger of The Lincoln Journal Star reports that "Inmate loses lawsuit to worship Flying Spaghetti Monster."

And today at ThinkProgress, Ian Millhiser has a post titled "What Happens When 'Religious Liberty' Meets The Flying Spaghetti Monster?"

You can access Tuesday's ruling of the U.S. District Court for the District of Nebraska at this link.
Posted at 01:18 PM by Howard Bashman



"Cosby lawyers ask judges to seal past case files": In today's edition of The Philadelphia Inquirer, Laura McCrystal has an article that begins, "A federal appeals court on Wednesday questioned the point of Bill Cosby's request to reseal the decade-old court documents that have helped reignite criminal and civil sexual-assault cases against him."

You can access the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit via this link (25.5 MB mp3 audio file).
Posted at 08:34 AM by Howard Bashman



"Obama's power over immigration drives Supreme Court dispute": Mark Sherman of The Associated Press has this report.
Posted at 08:27 AM by Howard Bashman


"AP-GfK Poll: Public wants Senate action on court, but interest is modest." The Associated Press has this report. You can view the survey results at this link.
Posted at 08:26 AM by Howard Bashman


Wednesday, April 13, 2016

"Senator Grassley and Judge Garland Meet, and Rehash the Obvious": David M. Herszenhorn has this article in today's edition of The New York Times.

Seung Min Kim of Politico.com reports that "Garland's Hill tour not denting GOP resistance."

And Burgess Everett of Politico.com reports that "Toomey knocks Garland after long meeting; 'I'm not convinced that he would be willing to play the role of a sufficiently aggressive check on an administration,' the GOP senator says."
Posted at 11:20 PM by Howard Bashman



Access today's nude entertainment ruling of the U.S. Court of Appeals for the Seventh Circuit: At this link.
Posted at 11:03 PM by Howard Bashman


"6th Circuit: No Fourth Amendment rights in cell-site records." Orin Kerr has this post at "The Volokh Conspiracy" about a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 10:55 PM by Howard Bashman


"Controversy Over Pre-1972 Sound Recordings Certified to New York Appeals Court; The 2nd Circuit says it needs guidance on whether state law gives copyright holders performance rights": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 10:09 PM by Howard Bashman


"In first appellate analysis of Halliburton, 8th Circuit boosts securities defendants": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 09:30 PM by Howard Bashman


"Republicans Would Consider Blocking A Supreme Court Pick Even After Voters Have A Say; Because, if the people get a say, shouldn't Republicans be able to overrule it?" Michael McAuliff of The Huffington Post have this report.
Posted at 09:14 PM by Howard Bashman


"Polygamy Is the Next Marriage-Rights Frontier": Law professor Noah Feldman has this essay online at Bloomberg View.

And today at Justia's "Verdict," Joanna L. Grossman has an essay titled "A Safe Haven for Kody? Sister Wives Star Loses on Appeal, but Protected From Bigamy Prosecution in Utah."
Posted at 09:10 PM by Howard Bashman



"Contraception compromise acceptable if it ends legal challenges, administration says": Robert Barnes of The Washington Post has this report.

Louise Radnofsky and Brent Kendall of The Wall Street Journal report that "Religious Groups, Obama Administration Respond to Supreme Court Request for Contraception Compromise; Christian groups suggest contraception insurance independent from employers; government defends current arrangement under Affordable Care Act."

Tom Howell Jr. of The Washington Times reports that "Obama rejects Supreme Court's contraception trade-off; Under compromise, insurers would pay, not religious nonprofits."

Peter Smith of The Pittsburgh Post-Gazette reports that "U.S., religious charities spar over Obamacare birth control plan."

Greg Stohr of Bloomberg News reports that "Supreme Court's Birth-Control Compromise Gets Mixed Reaction."

Ariane de Vogue of CNN.com reports that "Obama administration, religious non-profits open to contraceptive mandate compromise."

At the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Has the Supreme Court brokered a workable deal on birth-control?"

Online at Bloomberg View, law professor Noah Feldman has an essay titled "Compromise Is a Losing Battle for the Supreme Court."

At "The Volokh Conspiracy," Eugene Volokh has a post titled "More from Michael McConnell on the supplementary briefing in 'Zubik v. Burwell.'"

At National Review's "Bench Memos" blog, Ed Whelan has a post titled "Obama DOJ Evades Supreme Court's Question in Little Sisters."

Josh Blackman has a blog post titled "Analysis of Supplemental Briefing in Zubik v. Burwell."

At the "Democracy in America" blog of The Economist, Steven Mazie has a post titled "Losing their religion: New briefs further complicate Supreme Court contraception battle."

And at the "Bill of Health" blog, Greg Lipper has a post titled "The Zubik Supplemental Briefs: The Objectors Push for Second-Class Coverage, With a Smile."
Posted at 09:03 PM by Howard Bashman



"Oklahoma Officials Told Of Execution Drug Mix-Up Months Earlier Than Previously Known; The Department of Corrections had reason to know it used the wrong drug in one execution in 2015 well before it obtained -- and almost used -- the same wrong drug for another execution later that same year": Chris McDaniel of BuzzFeed News has this report.
Posted at 08:06 PM by Howard Bashman


"Flag case: Confederate emblem 'anti-American,' judge says." The Associated Press has a report that begins, "A federal judge said Tuesday that the Confederate emblem on the Mississippi flag is 'anti-American' because it represents those who fought to leave the United States."
Posted at 08:02 PM by Howard Bashman


"Christie ends 6-year battle by nominating Democrat to N.J. Supreme Court": NJ.com has this report.

And at National Review's "Bench Memos" blog, Carrie Severino has a post titled "A Very Christie Justice: Yet Another Liberal on the New Jersey Supreme Court."
Posted at 07:48 PM by Howard Bashman



Access online the contents of the April 2016 issue of the Harvard Law Review: Via this link. The recent cases essays this month include Garcia v. Google and the Oklahoma Supreme Court's Ten Commandments monument ruling.
Posted at 07:38 PM by Howard Bashman


"What It's Like to Have Ted Cruz as a Law Professor; 'I was struck by the strong sense that he would run for political office'": Marissa Miller has this post online today at Cosmopolitan magazine, courtesy of Jason Steed.
Posted at 07:30 PM by Howard Bashman


Programming note: As part of Freedom Day 2016 today at the National Constitution Center, this afternoon at 2 p.m. eastern time I will be serving as a "virtual" U.S. Supreme Court justice as part of the final round of the ConSource-Harlan Institute oral arguments. I believe that I have been designated the third most senior justice on the Court, meaning that I will be playing the role of Justice Clarence Thomas at oral argument.

You can view the today's events at the National Constitution Center -- which begin at 2 p.m. eastern time and run into the evening -- live, online via this link.

Additional posts will appear here this evening.
Posted at 11:18 AM by Howard Bashman



"Even Teen Murderers Can Change": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:52 AM by Howard Bashman


"Your help is needed for Thurgood Marshall biopic": This article appears in today's edition of The Buffalo News.

And The Associated Press reports that "Thurgood Marshall movie to be filmed in Buffalo."
Posted at 08:50 AM by Howard Bashman



"Court ruling opens way for those without ID to vote": In today's edition of The Milwaukee Journal Sentinel, Patrick Marley and Jason Stein have a front page article that begins, "A panel of three federal judges opened up the possibility Tuesday that Wisconsin voters who have great difficulty getting photo IDs could cast ballots without them."

In today's edition of The Wisconsin State Journal, Mark Sommerhauser and Molly Beck have a front page article headlined "Appeals court ruling could allow those who can't get IDs to vote anyway."

And The Associated Press reports that "Court sends part of Wisconsin voter ID case back to judge."

Circuit Judge Frank H. Easterbrook issued yesterday's ruling of the U.S. Court of Appeals for the Seventh Circuit on behalf of a unanimous three-judge panel.
Posted at 08:45 AM by Howard Bashman



Tuesday, April 12, 2016

"Appeals court hears challenge to constitutionality of Minnesota Sex Offender Program; Minnesota alleges bias by U.S. district court judge, seeks reversal of his ruling": Chris Serres of The Minneapolis Star Tribune has this report.

And The Associated Press reports that "Federal court hears appeal of Minnesota sex offender ruling."

You can access the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit via this link (18.9 MB mp3 audio file).
Posted at 10:54 PM by Howard Bashman



"Dueling responses to the Court's ACA birth-control idea": Lyle Denniston has this post at "SCOTUSblog."
Posted at 09:34 PM by Howard Bashman


"Religious non-profits fully endorse Court's birth-control access idea": Lyle Denniston of "SCOTUSblog" has this post about the petitioners' supplemental brief filed this evening in the U.S. Supreme Court.
Posted at 09:30 PM by Howard Bashman


"U.S. would accept modest change on birth-control mandate -- warily": At "SCOTUSblog," Lyle Denniston has this post about the federal government's supplemental brief filed this evening in the U.S. Supreme Court in Zubik v. Burwell.
Posted at 07:30 PM by Howard Bashman


"Pfizer must face revived Celebrex, Bextra safety lawsuit": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.

Gregory P Joseph argued the appeal for plaintiffs-appellants, and Miguel A. Estrada argued the appeal for defendants-appellees.
Posted at 01:42 PM by Howard Bashman



"Argument preview: A big, or not so big, ruling due on immigration." Lyle Denniston had this post yesterday at "SCOTUSblog."
Posted at 01:32 PM by Howard Bashman


"Even Conservatives Agree on Obama's Immigration Powers. Will the Supreme Court?" Simon Lazarus has this essay online today at The New Republic.

And at ThinkProgress, Ian Millhiser has a post titled "Everything You Need To Know About The Supreme Court Challenge To Obama's Immigration Policies."
Posted at 01:26 PM by Howard Bashman



"Constitution Check: Could Obama bypass the Senate on Garland nomination?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:24 PM by Howard Bashman


"After Scalia: The Future of United States Election Law." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has posted this paper online at SSRN.
Posted at 01:23 PM by Howard Bashman


"Appeals court allows suit over 2011 State Police shooting in Glorieta to continue": The Associated Press had this report back in February 2016.

Yesterday, the U.S. Court of Appeals for the Tenth Circuit issued an order denying rehearing en banc, accompanied by a concurrence and two dissents, by an evenly divided vote.
Posted at 01:20 PM by Howard Bashman



"Appeals court rules against 'Sister Wives' in Utah polygamy law case": Dennis Romboy of The Deseret News has this report.

In today's edition of The Salt Lake Tribune, Jennifer Dobner has a front page article headlined "Appeals court strikes down ruling that decriminalized polygamy in Utah."

The Associated Press reports that "Court upholds Utah's polygamy ban in 'Sister Wives' case."

Reuters reports that "Appeals court restores Utah's polygamy law in 'Sister Wives' case."

And Josh Gerstein of Politico.com has a blog post titled "Appeals court tosses 'Sister Wives' suit over Utah polygamy ban."

You can access yesterday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link.

Law professor Jonathan Turley, who represents the challengers to Utah's ban, yesterday had this blog post about the ruling.
Posted at 11:44 AM by Howard Bashman



"Senate Judiciary chairman Grassley tells Garland no hearings": Richard Cowan of Reuters has this report.
Posted at 11:08 AM by Howard Bashman


"Garland's Scorecard: 90 Percent against Business, 77 Percent for Regulators, EPA and Unions Undefeated." The National Federation of Independent Business (NFIB) issued this news release and accompanying 108-page comprehensive judicial scorecard today.

In early news coverage, Dave Boyer of The Washington Times reports that "Merrick Garland is no moderate, small-business group says."

And Lydia Wheeler of The Hill reports that "Obama court pick favors labor, says business group."
Posted at 10:42 AM by Howard Bashman



Monday, April 11, 2016

"Arizona man's life sentence for murder cut to 59 years; Court reconsiders life sentence for Navajo County man who was sentenced as a juvenile": This article appeared in The Arizona Republic back in July 2014.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a decision vacating the new sentence and remanding for resentencing.
Posted at 11:50 PM by Howard Bashman



"PER CURIAM, concurring"? As featured in a decision that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:42 PM by Howard Bashman


"Sky won't fall with one less justice": U.S. Senator Chuck Grassley (R-IA) has this essay online at The Des Moines Register.
Posted at 11:11 PM by Howard Bashman


"Campus Dissidents Win in Court While Losing": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 11:02 PM by Howard Bashman


"Has Obama Upheld the Law?" In the April 21, 2016 issue of The New York Review of Books, law professor David Luban has this review of Charlie Savage's new book, "Power Wars: Inside Obama's Post-9/11 Presidency."
Posted at 11:00 PM by Howard Bashman


"Court Tells States to Leave Google Alone": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 10:54 PM by Howard Bashman


"Grassley, Garland reprise 1990s U.S. judicial confirmation fight": Richard Cowan of Reuters has this report, along with an article headlined "Senate primary-race pressures work against Obama's court nominee."
Posted at 10:48 PM by Howard Bashman


"Referendum on raising judges' retirement age delayed until fall election": Jan Murphy of The Patriot-News of Harrisburg, Pennsylvania has an article that begins, "Pennsylvania voters will have plenty of important decisions to make when they enter the voting booth on April 26 but amending the state constitution to raise the mandatory retirement age for judges won't be one of them." The article links to this list of judges who would benefit over the next several years from an increase in Pennsylvania's mandatory judicial retirement age from 70 to 75.

And tomorrow's edition of The Legal Intelligencer will contain this month's installment of my "Upon Further Review" column, headlined "Delay of Vote on Judicial Retirement Age Could Make One Cynical." Therein, I explain why I oppose delaying a vote on the proposed constitutional amendment until November and why I will be voting against the proposal to increase Pennsylvania's mandatory judicial retirement age from 70 to 75.
Posted at 10:44 PM by Howard Bashman



"Woman arrested, beaten at Chinese labor protest ruled eligible for asylum": Bob Egelko of The San Francisco Chronicle has this blog post about an amended non-precedential ruling that the U.S. Court of Appeals for the Ninth Circuit issued on Friday.
Posted at 08:57 PM by Howard Bashman


"Meet the Thai math prof whose copyright case is headed for SCOTUS -- again": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 08:45 PM by Howard Bashman


Programming note: This afternoon, the Philadelphia Phillies -- now in the midst of a two-game winning streak -- have their home opener, which I will be attending. As a result, additional posts will appear here tonight.

Update: Final score -- San Diego Padres 4, Philadelphia Phillies 3.
Posted at 12:50 PM by Howard Bashman



"'It was just awful': The Clarence Thomas hearings, in the words of those who were there." Roxanne Roberts of The Washington Post has this report.
Posted at 08:40 AM by Howard Bashman


"Abner Mikva: Senate Republicans could find Supreme Court nominee after Garland even worse." CNN.com has this report.
Posted at 08:36 AM by Howard Bashman


"Did Act 10 affect spending in Wisconsin Supreme Court race?" Jason Stein of The Milwaukee Journal Sentinel has an article that begins, "In Tuesday's election, labor-backed candidate JoAnne Kloppenburg lost a race for the Supreme Court in which her side in the contest was badly outspent."
Posted at 08:34 AM by Howard Bashman


"The Supreme Court justices are the adults in our democracy as the other branches bicker": Columnist Fred Hiatt has this essay online at The Washington Post.
Posted at 08:27 AM by Howard Bashman


"Ex-American Bar Association chiefs push for vote on Garland": The Associated Press has a report that begins, "Fifteen former American Bar Association presidents are joining the push to urge Republicans to consider President Barack Obama's Supreme Court nominee."
Posted at 08:25 AM by Howard Bashman


"In Pa. and elsewhere, death penalty is dying a slow death": Michaelle Bond has this front page article in today's edition of The Philadelphia Inquirer.
Posted at 08:20 AM by Howard Bashman


Sunday, April 10, 2016

"The Civil Illiberties Union Targets a Yeshiva: New Jersey's college grants set off church-state alarms -- and years of litigation." Avi Schick had this op-ed in Friday's edition of The Wall Street Journal. You can freely access the full text of the op-ed via Google.
Posted at 09:57 PM by Howard Bashman


"Inside Obama's Supreme Court charm offensive: The president personally reached out to several Republicans -- to no avail." Seung Min Kim of Politico.com has this report.

And Ben Wolfgang of The Washington Times reports that "Obama vows never to pull nomination of Merrick Garland to Supreme Court."
Posted at 09:00 PM by Howard Bashman



"So far, Supreme Court has found unanimity in silence on Garland nomination": Robert Barnes of The Washington Post has this report.
Posted at 08:47 PM by Howard Bashman


Saturday, April 9, 2016

"For Shame: The criminal justice system encourages prosecutors to get guilty verdicts by any means necessary -- and to stand by even the most questionable convictions; Can one crusading court stop the lying and cheating?" Lara Bazelon has this jurisprudence essay online at Slate.
Posted at 10:30 PM by Howard Bashman


"Sometimes a Cross Is Just a Cross (or Is It?)" Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 10:09 PM by Howard Bashman


"Chuck Grassley's Supreme Court Coup: The Senate judiciary chairman just took a torch to the high court for the sake of partisanship." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:06 PM by Howard Bashman


"New Trial for False Expert Testimony": Dennis Crouch has this post at "Patently-O" about a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued on Thursday.
Posted at 05:56 PM by Howard Bashman


"Conservative student can sue over free speech rights, court rules": Maura Dolan of The Los Angeles Times has this report.

And Mackenzie Mays of The Fresno Bee reports that "Former student's case against Fresno State to be revived."

You can access Thursday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 05:22 PM by Howard Bashman



"Court upholds dismissal of suit alleging state caused Andrea Kruger's death by releasing Nikko Jenkins": Paul Hammel of The Omaha World-Herald has this report.

The Associated Press reports that "Appeals court upholds dismissal of suit in Nikko Jenkins killings."

And Courthouse News Service reports that "State Cleared on Release of Mentally Ill Killer."

On Thursday, the U.S. Court of Appeals for the Eighth Circuit issued this ruling, and yesterday that Court issued this related ruling.
Posted at 04:44 PM by Howard Bashman



"Appeals Court Rules for Mississippi AG Over Subpoena of Google's Search Practices": Ted Johnson of Variety has this report.

And at the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Google's Injunction Against Mississippi Attorney General Reversed By Appeals Court."

You can access yesterday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 03:20 PM by Howard Bashman



"So Far There's Not Much Dirt on Obama's Supreme Court Pick; Here's the best Merrick Garland's opponents have to work with": Stephanie Mencimer of Mother Jones has this report.
Posted at 02:13 PM by Howard Bashman


"Did Catholic theologians influence the Zubik order?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 02:08 PM by Howard Bashman


"Sotomayor: US high court needs more diversity, in many ways." The Associated Press has this report.

And at WSJ.com's "Law Blog," Jacob Gershman has a post titled "Sotomayor Regales Law School Students in Brooklyn."

Elsewhere, in earlier coverage, The Santa Fe Reporter has an article headlined "'Still tilting at windmills'; Associate Justice Sonia Sotomayor speaks to the books that inspired her, and the work that continues."
Posted at 01:55 PM by Howard Bashman



"How 'Citizens United' is helping Hillary Clinton win the White House: Reforms wait as Democrat's allies target GOP with super PACs, 'dark money.'" Dave Levinthal of The Center for Public Integrity has this report.
Posted at 10:22 AM by Howard Bashman


"It's Not Just The Supreme Court. Republicans Are Screwing Lots Of Other Courts Too. GOP senators are barely confirming judicial nominees -- even their own." Jennifer Bendery of The Huffington Post has this report.
Posted at 10:18 AM by Howard Bashman


"Lawyers: Underage sex claims against Dershowitz a 'mistake.'" Josh Gerstein of Politico.com has this blog post.
Posted at 10:15 AM by Howard Bashman


"Supreme Court nominee moderate who can go hard left or right": The Associated Press has this report.
Posted at 10:03 AM by Howard Bashman


Friday, April 8, 2016

"Constitution Check: If the Supreme Court's birth-control idea is rejected, what then?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:53 PM by Howard Bashman


"Federal Appeals Court: Yes, Puerto Rico's Same-Sex Marriage Ban Is Unconstitutional." Chris Geidner of BuzzFeed News has this report on a per curiam ruling that the U.S. Court of Appeals for the First Circuit issued yesterday.
Posted at 10:50 PM by Howard Bashman


"The Supreme Court Extremism of Clarence Thomas and Chuck Grassley": Jeffrey Toobin has this post online today at The New Yorker.
Posted at 10:44 PM by Howard Bashman


"D.C. Circuit sends ominous signal on CFPB constitutionality": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 10:42 PM by Howard Bashman


"Defamation lawsuits involving U.S. lawyer Dershowitz end in settlement": Reuters has this report.
Posted at 10:38 PM by Howard Bashman


Programming note: My quick, work-related trip to Houston, Texas will be wrapping-up this afternoon. I will be arriving back in Philadelphia this evening. Additional posts will appear here tonight.

As always when I am traveling, more frequent appellate-related updates are likely to appear on this blog's Twitter feed.
Posted at 09:03 AM by Howard Bashman



Thursday, April 7, 2016

"Garland Clerks Feed Pipeline to SCOTUS on Left & Right": Kimberly Robinson of Bloomberg BNA has this report.
Posted at 10:44 PM by Howard Bashman


"Obama Revisits Law School to Give a Supreme Court Lecture": Michael D. Shear of The New York Times has this report.

Kim Geiger and Rick Pearson of The Chicago Tribune report that "Obama makes his case at U. of C. for Supreme Court nominee."

Tina Sfondeles of The Chicago Sun-Times reports that "Obama returns home to push for 'ideal' Supreme Court nominee."

And The Associated Press has a report headlined "Obama: GOP jeopardizing judicial integrity with Garland."
Posted at 10:42 PM by Howard Bashman



"Court says Farmington can't fire school counselor who helped student get abortion": The New Hampshire Union Leader has this report.

And The Associated Press has a report headlined "Court: Adviser who helped girl get abortion should keep job."

You can access today's ruling of the Supreme Court of New Hampshire at this link.
Posted at 10:32 PM by Howard Bashman



"Sotomayor, in Santa Fe, discusses court qualifications, her childhood": This article appears in today's edition of The Santa Fe New Mexican.
Posted at 10:26 PM by Howard Bashman


"SJC hears case of teen who allegedly encouraged friend to kill himself": Andy Rosen of The Boston Globe has an article that begins, "An attorney for Michelle Carter on Thursday asked the state's highest court to halt the prosecution against her for allegedly encouraging a friend to kill himself, arguing that she should not have been charged because her actions did not directly cause the death."

And The Associated Press reports that "Court hears case of teen who sent beau texts urging suicide."

You can view the publicly available briefs filed in the case via this link. The prosecution's brief appears to have been filed under seal. And the oral argument video should be available via this link sometime soon.
Posted at 10:22 PM by Howard Bashman



"Christian cross has no place on L.A. County seal, judge rules": Abby Sewell of The Los Angeles Times has an article that begins, "In a long-awaited ruling, a federal judge has sided with plaintiffs who argued it was unconstitutional for Los Angeles County supervisors to place a Christian cross on the county seal."

And The Associated Press reports that "Judge rules putting cross on LA County seal unconstitutional."

You can access yesterday's ruling of the U.S. District Court for the Central District of California at this link.
Posted at 10:09 PM by Howard Bashman



"The Counter-Clerks of Justice Scalia": Ian J. Samuel has posted this paper online at SSRN.
Posted at 09:43 PM by Howard Bashman


Greetings from Houston, Texas: Where it is pleasantly warmer than where I came from.
Posted at 09:40 PM by Howard Bashman


Programming note: This afternoon, I will be heading to Houston, Texas to meet with trial counsel on a matter that is heading to appeal on which I will be working. As a result, additional posts will appear here tonight. This is a quick visit to Houston; I will be back home tomorrow night.

As always when I am traveling, more frequent appellate-related updates are likely to appear on this blog's Twitter feed.
Posted at 10:58 AM by Howard Bashman



"Key conservatives pushing Mike Lee for the Supreme Court": James Hohmann has this blog entry online today at The Washington Post.

In case you missed it, I had this related post earlier this month.
Posted at 10:52 AM by Howard Bashman



"Obama to visit U. of C., make case for confirmation vote for Supreme Court nominee": Kim Geiger of The Chicago Tribune has this report.

And The Associated Press reports that "Obama going back to school on Garland nomination."

According to this information that The Chicago Sun-Times has posted online, President Obama's remarks are scheduled to occur at 3:30 p.m. eastern time today.
Posted at 10:44 AM by Howard Bashman



Wednesday, April 6, 2016

"Court: Native American church not excused from cannabis laws." The Associated Press has this report.

My earlier coverage of today's Ninth Circuit ruling can be accessed here.
Posted at 11:00 PM by Howard Bashman



"Pa. lawmakers move to delay vote on judicial retirement age": Angela Couloumbis of The Philadelphia Inquirer has an article that begins, "Three weeks before the polls open, Pennsylvania legislators want to halt plans to let primary voters decide whether to raise the mandatory retirement age for judges from 70 to 75. Republicans who control both chambers want to move the question from the April 26 primary to the Nov. 8 ballot."

Jan Murphy of The Patriot-News of Harrisburg, Pennsylvania reports that "Move afoot to delay referendum on raising judges' retirement age until November election."

And in updated coverage, The Associated Press reports that "House votes to delay April 26 vote on judges' retirement age."
Posted at 08:54 PM by Howard Bashman



"Obama's Wobbly Legal Victory on Immigration": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:44 PM by Howard Bashman


"Court: Cop not liable for excessive use of Taser; Federal appeals court rules Palomar College officer was reasonably mistaken." Kristina Davis of The San Diego Union-Tribune has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 08:04 PM by Howard Bashman


"Of Course Judges Can Reject Plea Deals": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 07:51 PM by Howard Bashman


"In another sign of fallout from the renaming, the university is now looking at how to accommodate law school students who don't want Scalia's name on their diplomas": So reports NPR's Bill Chappell in an article headlined "Plan For Antonin Scalia School Of Law Is Tweaked Over Unfortunate Acronym."
Posted at 07:32 PM by Howard Bashman


"Corporations may be progressive, but that still doesn't make them people": Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this post today at "The Great Debate" blog of Reuters.
Posted at 07:25 PM by Howard Bashman


"Beware of a Supreme Court 'Solution' for the Little Sisters": James C. Capretta has this essay online today at National Review.
Posted at 06:21 PM by Howard Bashman


"WI Supreme Court hears arguments in lead paint case": Bruce Vielmetti of The Milwaukee Journal Sentinel has a blog post that begins, "Nearly ten years after a Milwaukee County woman sued paint companies over her lead poisoning, her case went to the Wisconsin Supreme Court on Tuesday, which will decide whether a 2013 law can retroactively derail her claim."
Posted at 06:19 PM by Howard Bashman


"Va. Supreme Court employees evacuated after white substance found in mail": The Richmond Times-Dispatch has this report.
Posted at 06:17 PM by Howard Bashman


Newest title on my appellate bookshelf: "Advanced Appellate Advocacy," by Susan E. Provenzano, Sarah O. Schrup, Carter G. Phillips, Jeffrey T. Green. My hosts during my recent visit with the Supreme Court Clinic of the Northwestern University Pritzker School of Law kindly provided me with a copy of the book during my visit.

If Carter Phillips isn't the co-author of any of the books on your appellate advocacy bookshelf, perhaps you too should pick up a copy of this book.
Posted at 04:03 PM by Howard Bashman



"Gawker challenges Florida jury verdict in Hulk Hogan case": Reuters has this report.
Posted at 02:03 PM by Howard Bashman


"Obama's Nuclear Option for the Supreme Court: Order the Senate Back to Work; If all else fails, and it looks like it will, there is one option remaining for President Obama: invoke his constitutional authority to compel the Senate into session -- and off the campaign trail." Jay Michaelson has this essay online today at The Daily Beast.
Posted at 01:57 PM by Howard Bashman


"Grassley takes aim at Supreme Court's chief justice": Steve Benen of msnbc.com has this report.
Posted at 01:53 PM by Howard Bashman


"What if the Supreme Court Were Liberal? With a possible Merrick Garland confirmation and the prospect of another Democrat in the Oval Office, the left can't help but dream about an ideal judicial docket: abortion rights, voting rights, campaign finance . . . ." Law professor Erwin Chemerinsky has this essay online at The Atlantic.
Posted at 01:50 PM by Howard Bashman


"Poor Web Design Dooms Business Arbitration Clauses": S.M. Oliva has this post today at his "Open Source Writer" blog. Oliva also writes the "Judicial Committee of the Privy Council Blog."
Posted at 01:40 PM by Howard Bashman


"Law School Renamed for Antonin Scalia, Again. Blame Acronym." Nicholas Fandos of The New York Times has this report.
Posted at 01:36 PM by Howard Bashman


Ninth Circuit holds, under RFRA, that district court properly denied church and its founder an exemption from federal laws prohibiting the possession and distribution of cannabis: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

In earlier related news coverage, the "Beliefs" column of The New York Times published on July 20, 2013 was headlined "As a Religion, Marijuana-Infused Faith Pushes Commonly Held Limits."
Posted at 01:28 PM by Howard Bashman



"U.S. court upholds prosecutors' role in deferred prosecution deals": Lawrence Hurley of Reuters has this report.

Sam Hananel of The Associated Press has an article headlined "Appeals court: Judge can't nix deal to settle Iran charges."

And Bloomberg News reports that "DoJ Power to Cut Deals With Corporate Lawbreakers Affirmed."

You can access yesterday's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 08:40 AM by Howard Bashman



"Judge Edmund B. Spaeth Jr., 95, headed Pa. Superior Court": This obituary appears in today's edition of The Philadelphia Inquirer.
Posted at 08:32 AM by Howard Bashman


"Rebecca Bradley beats JoAnne Kloppenburg in high court race": Patrick Marley has this front page article in today's edition of The Milwaukee Journal Sentinel.

In today's edition of The Wisconsin State Journal, Molly Beck and Judy Newman have a front page article headlined "Rebecca Bradley elected to state Supreme Court."

Steven Elbow of The Capital Times of Madison, Wisconsin reports that "Enthusiastic Republican voters push Bradley over Kloppenburg in Wisconsin Supreme Court race."

Wisconsin Public Radio reports that "Bradley Wins Full Term On Wisconsin Supreme Court; Conservative-Backed Interim Justice Defeated Appeals Court Judge Kloppenburg."

And Amanda Terkel of The Huffington Post reports that "Wisconsin Elects A Supreme Court Justice Who Once Mocked 'Queers' Who Get AIDS; Rebecca Bradley had significant financial backing from conservative groups helping her out."
Posted at 08:27 AM by Howard Bashman



Tuesday, April 5, 2016

"9th Circuit: Arizona 'dreamers' can keep driver's licenses; State must continue to issue licenses to young undocumented immigrants who receive deportation deferments from President Barack Obama." Daniel Gonzalez of The Arizona Republic has this report.

And Howard Fischer of The Arizona Daily Star has an article headlined "Ruling: Arizona can't deny driver's licenses to 'dreamers.'"

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:52 PM by Howard Bashman



"Grassley to Chief Justice Roberts: 'Physician, heal thyself.'" Dan Berman of CNN.com has this report.
Posted at 10:06 PM by Howard Bashman


"Bitterly contested race for Wisconsin Supreme Court could be close": Molly Beck of The Wisconsin State Journal has this report.
Posted at 10:04 PM by Howard Bashman


"Immigration case at SCOTUS could turn on wonky administrative law issue": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 09:23 PM by Howard Bashman


"Gawker Begins Appeal of $140 Million Hulk Hogan Verdict; Motions ask court to reduce or undo damages awarded to the pro wrestler": Steven Perlberg of The Wall Street Journal has this report.
Posted at 08:12 PM by Howard Bashman


"Two Supreme Court nominees had roles in high-profile public records cases": Kristine Guerra of The Indianapolis Star has an article that begins, "In two high-profile lawsuits, two of the three nominees for the Indiana Supreme Court vacancy landed on sides attempting to block access to records of government officials and agencies that many have argued should be considered open to the public."
Posted at 08:02 PM by Howard Bashman


"Republicans duck and run from Merrick Garland": Columnist Dana Milbank has this essay online today at The Washington Post. Therein, Milbank discusses the relay race scandal that I previously noted at this link.

Online at The Los Angeles Times, columnist Michael McGough has an essay titled "McConnell: Merrick Garland's record is irrelevant -- but I'll trash him anyway."

And online at The Boston Globe, former U.S. Senate majority leader George J. Mitchell has an essay titled "Clarence Thomas got a vote; Merrick Garland should get one too."
Posted at 07:58 PM by Howard Bashman



"Georgetown professors: Naming George Mason's law school after Scalia is fitting, for his opinions endure." Neal Katyal and Viet Dinh have this post today at the "Grade Point" blog of The Washington Post.

Also at that blog today, Henry N. Butler and Neomi Rao have a post titled "Memorializing the Justice's legacy at George Mason University."
Posted at 07:50 PM by Howard Bashman



"How a federal spy case turned into a child pornography prosecution": Ellen Nakashima of The Washington Post has this report.
Posted at 07:44 PM by Howard Bashman


"How Ted Cruz win in Supreme Court hurt U.S.-Mexico relations": Reuters has a report that begins, "Republican presidential candidate Ted Cruz often tells supporters about his Supreme Court win against the federal government in 2008, defending Texas' right to execute a Mexican man for murder, as evidence of his conservative and anti-establishment credentials."
Posted at 03:34 PM by Howard Bashman


ASSoL no more: Today at WSJ.com's "Law Blog," Jacob Gershman has a post titled "George Mason Tinkers With Name of Scalia Law School to Avoid Awkward Acronym."
Posted at 01:52 PM by Howard Bashman


"New York's top court: Parents can legally eavesdrop on kids." The Associated Press has a report that begins, "New York's highest court says parents can legally eavesdrop on young children, establishing an exception to state law against wiretaps without the consent of at least one person on a call."

You can access today's 4-to-3 ruling of the Court of Appeals of New York at this link.
Posted at 01:48 PM by Howard Bashman



"Meet the Brains Behind the Effort to Get the Supreme Court to Rethink Civil Rights; Edward Blum has orchestrated a string of big cases targeting voting rights and affirmative action": Stephanie Mencimer has this article in the March/April 2016 issue of Mother Jones magazine.
Posted at 01:40 PM by Howard Bashman


"District Fight May Persist in Texas After Supreme Court Ruling": David Montgomery and Michael Wines have this article in today's edition of The New York Times.
Posted at 01:37 PM by Howard Bashman


"GOP senator meets with Garland, says hearings should be held": The Associated Press has this report.
Posted at 01:34 PM by Howard Bashman


"In the shadows of a presidential primary, Wisconsin is set to elect a state Supreme Court justice": Jessie Opoien of The Capital Times of Madison, Wisconsin has this report.

And The Associated Press reports that "Bradley, Kloppenburg will find out who gets high court seat."
Posted at 01:30 PM by Howard Bashman



"John Cornyn once said 'any nominee' deserved vote. Now, he's helping block Obama court pick." Katie Leslie of The Dallas Morning News has this blog post today.
Posted at 01:18 PM by Howard Bashman


"Jury Room Racism Is Protected. It Shouldn't Be." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:15 PM by Howard Bashman


"Constitution Check: What does 'one-person, one-vote' mean now?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:14 PM by Howard Bashman


"The Strange Career of Free Exercise: America is experiencing a revolution in religious-freedom law -- transforming the rights of individual conscience into a bulwark of secular wealth and ecclesiastical power." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 01:11 PM by Howard Bashman


"Supreme Court Upholds 'One Person, One' Vote Principle": This audio segment featuring Nina Totenberg appeared on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 01:06 PM by Howard Bashman


"Supreme Court Is Working Hard to Avoid Deadlocks, Kagan Says": Adam Liptak has this article in today's edition of The New York Times.

And Liz Goodwin of Yahoo! News has an article headlined "Will Alito replace Scalia as the Supreme Court's most stinging questioner?"
Posted at 08:37 AM by Howard Bashman



"Meeting Merrick Garland to Tell Him Why G.O.P. Won't Hold Hearings": Michael D. Shear has this article in today's edition of The New York Times.

And Seung Min Kim and Burgess Everett of Politico.com report that "Conservatives pounce over Garland meetings; The backlash for Republicans who plan to meet with Obama's nominee kicks into high gear."
Posted at 08:30 AM by Howard Bashman



"How a Challenge to Legislative Redistricting Backfired: Advocates pushed for rules that would shift power toward older, white, more conservative areas -- but they overreached, and the U.S. Supreme Court turned them down." Law professor Garrett Epps has this essay online at The Atlantic.

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Court Upholds 'One Person, One Vote' . . . Mostly."
Posted at 08:23 AM by Howard Bashman



"Ruling: 2 Albuquerque officers can be sued for 2013 death." The Associated Press has a report that begins, "Two Albuquerque police officers can be sued for using a stun gun on a suspect who suffered from mental illness and later died, a federal appeals court said."

You can access yesterday's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 08:19 AM by Howard Bashman



Monday, April 4, 2016

"The Case Against the Case Against Confirmation: Why the GOP's refusal to give Merrick Garland a fair hearing could trigger a full-scale constitutional crisis." Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick with law professor Geoffrey R. Stone.
Posted at 08:50 PM by Howard Bashman


"U.S. Sen. Grassley to meet Garland despite opposition to nominee": Reuters has a report that begins, "Senate Judiciary Committee Chairman Chuck Grassley has invited Judge Merrick Garland to breakfast, but absent from the menu will be any promise of hearings on President Barack Obama's nominee to the U.S. Supreme Court."

And USA Today reports that "Senators remain at stalemate over Supreme Court as they return to work."
Posted at 08:20 PM by Howard Bashman



"Divided U.S. Supreme Court cautious about taking new cases": Laurence Hurley of Reuters has this report.
Posted at 08:09 PM by Howard Bashman


"Supreme Court split threatens Obama's immigration actions": Lydia Wheeler of The Hill has an article that begins, "President Obama is facing the very real possibility of a deadlock at the Supreme Court that guarantees his immigration actions won't take effect before he leaves office."
Posted at 08:07 PM by Howard Bashman


"State: Supreme Court decision lumping Nebraska town in reservation separate from Riverton case." Laura Hancock has this front page article in today's edition of The Casper (Wyo.) Star-Tribune.
Posted at 08:04 PM by Howard Bashman


"Supreme Court to hear case of alleged racial bias by juror": Robert Barnes of The Washington Post has this report.

Richard Wolf of USA Today reports that "Supreme Court to rule on juror's racial bias."

Kirk Mitchell of The Denver Post reports that "U.S. Supreme Court agrees to take up Colorado bias case; Juror in Colorado case made prejudicial remarks about Mexican men."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on challenge to juror bias."
Posted at 07:36 PM by Howard Bashman



"Supreme Court says federal law didn't require Kansas sex offender leaving country to notify authorities": Dave Helling of The Kansas City Star has this report.
Posted at 07:32 PM by Howard Bashman


"How the Supreme Court has changed since Antonin Scalia died": Ariane de Vogue of CNN.com has this report.
Posted at 07:28 PM by Howard Bashman


"Supreme Court upholds verdict against Wells Fargo on overdraft fees in California": David G. Savage of The Los Angeles Times has this report.
Posted at 07:04 PM by Howard Bashman


"Democrats make halting progress in Supreme Court clash; Jousting over Merrick Garland will intensify as senators return to Washington after a two-week recess": Seung Min Kim and Burgess Everett of Politico.com has this report.
Posted at 02:03 PM by Howard Bashman


"Supreme Court refuses to hear Wal-Mart case; Pa. workers owed $187M": Jane M. Von Bergen of The Philadelphia Inquirer has this report.

And Daniel Fisher of Forbes.com has a post titled "Goodbye Scalia! Supreme Court Rejects Trio Of Class-Action Challenges."
Posted at 02:00 PM by Howard Bashman



"Justice Ginsburg Just Shut Down One Of America's Most Notorious White Rights Activists": Ian Millhiser has this post online at ThinkProgress.
Posted at 01:42 PM by Howard Bashman


"Dog Bites Woman. It's a Federal Case." Law professor Noah Feldman has this essay online at Bloomberg View.

My earlier coverage of Friday's Ninth Circuit ruling can be accessed here.
Posted at 01:36 PM by Howard Bashman



"Supreme Court Rejects Challenge to 'One Person One Vote'": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Supreme Court rejects conservative bid to count only voting-age population for districts."

David G. Savage of The Los Angeles Times reports that "Supreme Court rejects voting-district case that would have weakened California's clout."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Affirms 'One-Person, One-Vote' Standard; Ruling is blow to conservative activists who argued the Constitution forbids counting immigrants or prisoners."

Bobby Blanchard of The Dallas Morning News has a blog post titled "Supreme Court unanimously upholds 'one-person, one-vote' method to draw districts in Texas case."

Josh Gerstein of Politico.com reports that "Supreme Court rejects challenge to 'one person, one vote' definition."

Ariane de Vogue of CNN.com reports that "Conservative challengers lose key Supreme Court voting rights case."

Matt Ford of The Atlantic has an article headlined "One Person, One Vote, Eight Justices; The constitutional maxim does not require states to use eligible voters when drawing legislative districts, the U.S. Supreme Court ruled Monday."

Samantha Lachman of The Huffington Post reports that "Supreme Court Deals A Blow To Conservatives In Major Voting Rights Case; A different ruling would have shifted power away from Democratic-leaning areas."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: Leaving a constitutional ideal still undefined."
Posted at 01:23 PM by Howard Bashman



"Dynamics Are Shifting in an 8-Member Supreme Court": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:11 PM by Howard Bashman


Senior Third Circuit Judge Dolores K. Sloviter to assume inactive status: Chief Judge Theodore A. McKee of the U.S. Court of Appeals for the Third Circuit issued this news release today.

As the news release explains, due to a medical condition, Judge Sloviter "will cease participation in hearing cases, effective today." The news release continues:

Judge Sloviter is a trailblazer. The only child of Jewish immigrants, she was born and raised in Philadelphia and has remained a lifelong resident of her beloved City. She graduated from the Philadelphia High School for Girls and enrolled at Temple University, where she majored in Economics and received her undergraduate degree in 1953. At a time when few women were encouraged to enter the legal profession, Judge Sloviter enrolled at the University of Pennsylvania School of Law, where she excelled academically. She served on the Law Review and received her LL.B. degree in 1956. Judge Sloviter had a successful career as a litigation lawyer in private practice in Philadelphia before turning to teaching in a first-wave of women to enter the newly opened door to legal academia. She joined the faculty of the Temple University School of Law in 1972 and became a professor at Temple in 1974. Her talent and passion for teaching the law has left a lasting imprint on her many students and law clerks.
The news release concludes:
Judge Sloviter is a true legal giant. Her contribution to the Court and the legal profession cannot be diminished. I speak for the entire Court family in wishing Judge Sloviter good health, and in thanking her for all that she has done for the Third Circuit. We expect and hope that she will continue to play an active role in the life of the Court through participation on court committees and other duties.
On a personal note, Judge Sloviter was always exceptionally kind in my interactions with her off of the bench, and I will miss her presence on oral argument panels.
Posted at 11:02 AM by Howard Bashman


"Supreme Court Nominee Pushes Ahead Despite Fracas": Michael D. Shear has this front page article in today's edition of The New York Times.

And in yesterday's edition of that newspaper, Emmarie Huetteman had an article headlined "2 Republican Senators Revoke Support for Garland Hearings."
Posted at 10:20 AM by Howard Bashman



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

1. Justice Samuel A. Alito, Jr. delivered the opinion for a unanimous Court in Nichols v. United States, No. 15-5238. You can access the oral argument via this link.

2. And Justice Ruth Bader Ginsburg delivered the opinion of the Court in Evenwel v. Abbott, No. 14-940. Justice Clarence Thomas issued an opinion concurring in the judgment. And Justice Alito issued an opinion concurring in the judgment, which Justice Thomas joined in part. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Court upholds total population count in electoral districts."

Lawrence Hurley of Reuters reports that "Supreme Court rejects conservative challenge in 'one person, one vote' case."

Greg Stohr of Bloomberg News reports that "U.S. High Court Rejects Calls to Transform Voting-Map Rules."

Richard Wolf of USA Today reports that "Supreme Court upholds 'one person, one vote.'"

And Chris Geidner of BuzzFeed News reports that "Supreme Court Says States May Continue To Use Total Population In Deciding Districts."
Posted at 10:06 AM by Howard Bashman



"Merrick Garland's Clerks Urge Senate to Act on Nomination": Zoe Tillman of The National Law Journal has this report. The letter from the nominee's former law clerks can be viewed at this link.
Posted at 09:50 AM by Howard Bashman


"Justice Kagan tells criminal defense bar to go big or go home": Steve Klepper has this post today at the "Maryland Appellate Blog."
Posted at 09:42 AM by Howard Bashman


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

In Woods v. Etherton, No. 15-723, the Court issued a per curiam summary reversal of the judgment of the U.S. Court of Appeals for the Sixth Circuit.

And in Kakarala v. Wells Fargo Bank, N.A., No. 15-712, Justice Clarence Thomas issued a dissent from the denial of certiorari.

In early news coverage, The Associated Press reports that "Supreme Court will take up case about juror's racial bias"; "High court rejects challenge to Miss. campaign finance law"; and "Justices reject Wal-Mart, Wells Fargo class-action appeals."

And Lawrence Hurley of Reuters reports that "Supreme Court declines to take up Wal-Mart class action appeal."
Posted at 09:34 AM by Howard Bashman



Sunday, April 3, 2016

"The Good, the Bad, and the Ugly: Reflections of a Counterclerk." Law professor Gil Seinfeld has this post at the "First Impressions" site of the Michigan Law Review.
Posted at 08:26 PM by Howard Bashman


"Wendell Pierce on playing US Supreme Court Justice Clarence Thomas in 'Confirmation'": Jennifer Brett has this blog post today at The Atlanta Journal-Constitution.
Posted at 08:20 PM by Howard Bashman


"The next Supreme Court pick matters less than you think": Law professor David Cole has this essay online at The Washington Post.
Posted at 08:14 PM by Howard Bashman


"$28.2 million carbon monoxide poisoning jury decision not a 'runaway verdict,' judge rules": Jeremy Fugleberg had this article in The Casper (Wyo.) Star-Tribune back in October 2014. You can access the decision of the U.S. District Court for the District of Wyoming denying defendants' post-judgment motions at this link.

On Friday, the majority on a partially divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued this decision reducing the punitive component of the judgment from $25.5 million to $1.95 million.
Posted at 08:00 PM by Howard Bashman



"After Apple Case, Encryption Vs. National Security Dilemma Has Just Begun": This audio segment appeared on yesterday's broadcast of NPR's "Weekend Edition Saturday."
Posted at 11:28 AM by Howard Bashman


"Appeals court calls SDPD dog bite 'severe' force; The issue: Should police let dogs loose on potential, but unseen suspects?" Kristina Davis of The San Diego Union-Tribune has an article that begins, "A San Diego police dog that bit through a woman's lip as she slept in her office after hours could be viewed as a severe use of force, and that question, as well whether it was appropriate, should be considered by a jury, a federal appeals court ruled Friday."

And Reuters reports that "Court revives California challenge to police dog 'bite & hold' policy."

You can access Friday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. The majority opinion begins, "After a night of drinking with her friends . . . ."
Posted at 11:03 AM by Howard Bashman



"Getting one over on a Supreme Court justice": Alissa C. Wetzel has this essay online at The South Bend (Ind.) Tribune.
Posted at 10:54 AM by Howard Bashman


"Control of state courts becomes a top political battleground": The Associated Press has a report that begins, "Much attention is being paid to the U.S. Supreme Court vacancy, but equally partisan battles are being waged for control of state courts around the nation."
Posted at 10:42 AM by Howard Bashman


"Merrick Garland Loves Taylor Swift Sing-Alongs -- And More Fun Facts About the Supreme Court Nominee": Tierney McAfee of People magazine has this report.
Posted at 10:34 AM by Howard Bashman


"Twice Retired, Ex-Purple People Eater Is Still Passionate About Goals": Christopher Farrell had this profile of retired Minnesota Supreme Court Justice Alan Page in yesterday's edition of The New York Times.
Posted at 10:02 AM by Howard Bashman


Saturday, April 2, 2016

"Justices asked to rule that racial bias trumps jury secrecy": Mark Sherman of The Associated Press has this report.
Posted at 08:50 PM by Howard Bashman


"Sen. Jerry Moran backtracks, 'didn't need hearings' for Supreme Court nominee; Change of course follows week of conservative backlash": Justin Wingerter of The Topeka Capital-Journal has this report.

And Alex Leary of The Tampa Bay Times has a blog post titled "Rubio won't meet with Obama's Supreme Court pick."
Posted at 07:44 PM by Howard Bashman



"Will next Supreme Court justice come from Atlantic Canada?" Kevin Bissett of The Canadian Press has an article that begins, "Officials in Newfoundland and Labrador are lobbying to have the next Supreme Court of Canada justice come from their province, but legal experts say the federal government will likely prioritize race or language over geography."

And in Thursday's edition of The Toronto Globe and Mail, Sean Fine had an article headlined "Newfoundland lobbies Ottawa for spot on Supreme Court."
Posted at 07:38 PM by Howard Bashman



"In PEI, the right to choose: No longer 'the shame of being shipped off the island.'" This article appears in today's edition of The Toronto Globe and Mail.

And in Friday's edition of that newspaper, Sean Fine had an article headlined "PEI drops opposition to abortion, plans to provide access by year's end."
Posted at 07:34 PM by Howard Bashman



"Hillary Clinton to attack Rebecca Bradley Saturday night": Mary Spicuzza of The Milwaukee Journal Sentinel has an article that begins, "Democratic presidential candidate Hillary Clinton will take aim at state Supreme Court Justice Rebecca Bradley during her Saturday night speech at the Founder's Day Dinner in Milwaukee. Clinton is expected to argue that there's no place on any court for someone like Bradley, citing the justice's comments about women, survivors of sexual assault, and gays and lesbians."

And Shawn Johnson of Wisconsin Public Radio reports that "Kloppenburg Touts Her Impartiality, But Sends Partisan Signals On The Campaign Trail; Appeals Court Judge Says She's Earned Her Position While Bradley Owes Her Career To Walker."
Posted at 07:26 PM by Howard Bashman



"Trump said he plans to announce a list of 10 to 12 judges from which he would pick to fill vacancies on the Supreme Court to allay concerns from conservatives that he wouldn't choose someone to their liking." Bob Woodward and Robert Costa of The Washington Post have an article headlined "In a revealing interview, Trump predicts a 'massive recession' but intends to eliminate the national debt in 8 years."

It will be interesting to see how many of those judges are on Twitter.
Posted at 07:22 PM by Howard Bashman



"On Alaska Supreme Court, a placid vacancy compared to federal furor": James Brooks of The Juneau Empire has this report.
Posted at 09:54 AM by Howard Bashman


"Boozman: Will meet Supreme Court nominee, won't support hearings." John Lyon of Arkansas News Bureau has this report.
Posted at 09:52 AM by Howard Bashman


"SCOTUS 4-4 Decisions Send Mixed Messages": Kimberly Robinson of Bloomberg BNA has this report.
Posted at 09:48 AM by Howard Bashman


"The negligent 4-year-old?" Eugene Volokh has this post at "The Volokh Conspiracy."
Posted at 09:46 AM by Howard Bashman


Friday, April 1, 2016

"Supreme Court Fight Rescues a Justice From Obscurity": Carl Hulse will have this new installment of his "On Washington" column in Saturday's edition of The New York Times.
Posted at 10:06 PM by Howard Bashman


"4-4 at the Supreme Court": Amy Davidson has this post online today at The New Yorker.
Posted at 10:02 PM by Howard Bashman


Programming note: After appearing with Tony Mauro of The National Law Journal this afternoon as a guest speaker for the Supreme Court Clinic of the Northwestern University Pritzker School of Law, I will be returning home to the Philadelphia area. As a result, additional posts will appear here tonight.

In the interim, appellate-related updates likely will appear on this blog's Twitter feed.
Posted at 11:54 AM by Howard Bashman



"Courtesy Calls Give Senators A Chance To Get To Know Supreme Court Nominees": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 11:18 AM by Howard Bashman


"Merrick Garland to Meet With More Republicans": Today at the "First Draft" blog of The New York Times, Carl Hulse has a post that begins, "The White House has lined up more meetings between the Supreme Court nominee Judge Merrick B. Garland and Republican lawmakers, with Senators Susan Collins of Maine and John Boozman of Arkansas scheduled to sit down with him on Tuesday."
Posted at 11:11 AM by Howard Bashman


"Garland bails on shot dog case": Josh Gerstein of Politico.com has this blog post.

You can access today's ruling of a two-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 11:08 AM by Howard Bashman



"Shirley Hufstedler, Pioneering Judge and First Cabinet-Level Education Secretary, Is Dead at 90": This obituary written by Sam Roberts appears in today's edition of The New York Times.

Jill Leovy of The Los Angeles Times has written an obituary headlined "Shirley Hufstedler dies at 90; judge served as first secretary of Education."

Emily Langer of The Washington Post has written an obituary headlined "Shirley Hufstedler, first secretary of the newly created Education Dept., dies at 90."

And the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has posted online a news release titled "Ninth Circuit Recalls Shirley M. Hufstedler."
Posted at 11:05 AM by Howard Bashman



"If you are trying to access the Indiana Law Blog, it has gone dark, effective late Thursday, March 31, 2016." If you seek to access the "Indiana Law Blog" today, you will receive this message. On a more hopeful note, however, the message goes on to say that "the search for a sponsor has not quite ended, [and] it is possible the ILB may return within a few weeks."
Posted at 10:54 AM by Howard Bashman


"Outraged by Kansas Justices' Rulings, G.O.P. Seeks to Reshape Court": In Saturday's edition of The New York Times, Erik Eckholm will have an article that begins, "Washington is locked in partisan warfare over control of the Supreme Court. But it is hardly the only place. Look at the states, where political attacks on judicial decisions are common and well-financed attack ads are starting to jar the once-sleepy elections for State Supreme Court seats."
Posted at 10:48 AM by Howard Bashman


"Justice Scalia's cruel irony: His absences exposes truth about Supreme Court; Scalia's empty chair, and a 4-4 tie, prove again how political our Supreme Court has become." Law professor Eric Segall has this essay at Salon.com.
Posted at 09:25 AM by Howard Bashman


"Obama to return to U. of C. Law School to push for Garland": Lynn Sweet of The Chicago Sun-Times has this report.

And Mike DeBonis of The Washington Post reports that "Obama to give speech in Chicago on Supreme Court vacancy dispute."
Posted at 09:20 AM by Howard Bashman







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