How Appealing

Tuesday, May 31, 2016

"Court battle looming on maximum age for judges": Angela Couloumbis has this front page article in today's edition of The Philadelphia Inquirer.
Posted at 11:58 PM by Howard Bashman


"Military judge shouts down accused 9/11 mastermind at Guantanamo war court": Carol Rosenberg of The Miami Herald has this report, along with an article headlined "Guantanamo prosecutors want 10 sick, elderly relatives of 9/11 victims to testify while they still can."

Reuters reports that "September 11 suspect asks that U.S. judge step down, cites evidence destruction."

And The Associated Press reports that "Testimony from families of 9/11 victims sought at Guantanamo."
Posted at 11:44 PM by Howard Bashman



"U.S. court says no warrant needed for cellphone location data": Reuters has this report.

The Associated Press has a blog post titled "US court: Police don't need warrant for cell tower records."

And Josh Gerstein of Politico.com has a blog post titled "Split appeals court allows warrantless cell-site tracking."

You can access today's en banc ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 11:24 PM by Howard Bashman



"Appeals court refuses to rehear transgender restroom case": The Associated Press has this report.

Reuters reports that "U.S. court denies motion to reconsider transgender bathroom ruling."

Moriah Balingit of The Washington Post reports that "Appeals court will not rehear transgender bathroom case."

And Chris Geidner of BuzzFeed News reports that "Appeals Court Won't Reconsider Ruling In Favor Of Obama Admin's Policy On Trans Students; Gloucester County School Board's only move left is to ask the U.S. Supreme Court if it will review the case."

You can access today's order of the U.S. Court of Appeals for the Fourth Circuit denying rehearing en banc, accompanied by a dissent from the denial of panel rehearing, at this link.
Posted at 11:16 PM by Howard Bashman



"Supreme Court Won't Touch This Legal Challenge to Ted Cruz's 'Natural Born' Status; Yes, that controversy is still alive": Cristian Farias of The Huffington Post has this report today.
Posted at 11:06 PM by Howard Bashman


"Justice Dept. Says Judge in Immigration Case Is Out of Bounds": Julia Preston will have this article in Wednesday's edition of The New York Times.

At WSJ.com's "Law Blog," Brent Kendall has a post titled "Justice Department Pushes Back on Sweeping Sanction.

And Seung Min Kim and Josh Gerstein of Politico.com report that "Feds seek to halt judge's demand for data on immigrants."
Posted at 11:02 PM by Howard Bashman



"Alabama Judge Preaches States' Rights, Till He Disagrees With His State": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 09:16 PM by Howard Bashman


"Constitution Check: Was the Supreme Court only an afterthought for the Founders?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:14 PM by Howard Bashman


"For Gawker, Legal Issues Beyond Hogan": Katie Rogers and Danielle Ivory have this article in today's edition of The New York Times.

Also in that newspaper today, Stephen Marche has an op-ed titled "Gawker Smeared Me, and Yet I Stand With It."
Posted at 08:54 PM by Howard Bashman



"Trump University case shows consequences of court secrecy": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 08:37 PM by Howard Bashman


"In a Secret Meeting, Revelations on the Battle Over Health Care": Carl Hulse has this article in today's edition of The New York Times.
Posted at 08:24 PM by Howard Bashman


"Hatch steadfast in holding up Supreme Court confirmation after meeting with Garland": Dennis Romboy had this article in last Friday's edition of The Deseret News.

Last Friday's newspaper also contained an essay by U.S. Senator Orrin Hatch (R-UT) headlined "My meeting with Supreme Court nominee Merrick Garland." An editor's note that follows the essay explains that "[a] draft of this op-ed was erroneously published on DeseretNews.com prior to final revisions and edits from Sen. Hatch. We apologize to Sen. Hatch and our readers for this error."
Posted at 08:14 PM by Howard Bashman



"'Star Wars' is about freedom of choice": Today at "The Volokh Conspiracy," Cass Sunstein has a post that begins, "If you'd told me a year ago that I would end up writing a book about 'Star Wars,"'I wouldn't have believed you."
Posted at 08:07 PM by Howard Bashman


"Trump's sister likes EPA better than he does": Robin Bravender of Greenwire has this report.
Posted at 05:26 PM by Howard Bashman


"Chalices, Jack-o'-Lanterns and Other State Court Tiebreakers; Never mind the 4-4 U.S. Supreme Court; Here's how state high courts deal with potential stalemates": Justice Don Willett of the Supreme Court of Texas has this essay online at The Wall Street Journal. You can freely access the full text of the essay via Google.
Posted at 01:48 PM by Howard Bashman


"Native Americans move to frontlines in battle over voting rights": Mica Rosenberg of Reuters has this report.
Posted at 01:30 PM by Howard Bashman


"Justice Dept. pushes back against Texas judge's sanctions": The Associated Press has this report.

And Reuters reports that "Justice Department asks for hold on court sanctions in immigration case."
Posted at 01:14 PM by Howard Bashman



Access today's ruling of the U.S. Supreme Court in an argued case: Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Army Corps of Engineers v. Hawkes Co., No. 15-290. Justice Anthony M. Kennedy issued a concurring opinion, in which Justices Clarence Thomas and Samuel A. Alito, Jr. joined. Justice Elena Kagan issued a concurring opinion. And Justice Ruth Bader Ginsburg issued an opinion concurring in part and concurring in the judgment. You can access the oral argument via this link.

Update: In early news coverage, Sam Hananel of The Associated Press reports that "High court sides with property owners in wetlands case."

Lawrence Hurley of Reuters reports that "U.S. top court backs property owners over wetlands permits."

And Greg Stohr of Bloomberg News reports that "Landowners Win at U.S. Supreme Court in Wetlands-Development Case."
Posted at 10:06 AM by Howard Bashman



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

In Johnson v. Lee, No. 15-789, the Court issued a per curiam decision summarily reversing the judgment of the U.S. Court of Appeals for the Ninth Circuit.

In Lynch v. Arizona, No. 15-8366, the Court issued a per curiam decision summarily reversing the judgment of the Supreme Court of Arizona. Justice Clarence Thomas issued a dissenting opinion, in which Justice Samuel A. Alito, Jr. joined.

And in Tucker v. Louisiana, No 15-946, Justice Stephen G. Breyer issued a dissent, in which Justice Ruth Bader Ginsburg joined, from the denial of certiorari.

In early news coverage, The Associated Press reports that "High court will hear State Farm appeal in Katrina fraud case"; "High court rejects La. inmate's death penalty challenge"; and "Justices reject union appeal over Trump Taj Mahal bankruptcy."

Lawrence Hurley of Reuters reports that "Supreme Court to hear State Farm case over Hurricane Katrina fraud claim"; "Supreme Court rejects constitutional challenge to death penalty"; and "U.S. Supreme Court rejects patent appeal over Cubicin drug."

And Greg Stohr of Bloomberg News reports that "State Farm Gets U.S. High Court Hearing in Katrina Billing Case" and "Trump Taj Mahal Union Appeal Rejected by U.S. Supreme Court."
Posted at 09:32 AM by Howard Bashman



Monday, May 30, 2016

"Why It's Nearly Impossible for Prisoners to Sue Prisons": Rachel Poser has this post online today at The New Yorker.
Posted at 03:20 PM by Howard Bashman


"A Bird With a Broken Wing: The Supreme Court is doing its best to limp to the term's finish line; So why do the justices insist that everything is hunky-dory?" Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick with law professors Garrett Epps and Jonathan H. Adler.
Posted at 01:34 PM by Howard Bashman


"In Georgia, Racial Injustice Long Denied Confirmed": Kenneth Jost has this post at his "Jost on Justice" blog.
Posted at 01:26 PM by Howard Bashman


"Supreme Court nominee encourages high school grads to focus on others": Angie Leventis Lourgos of The Chicago Tribune has this report.

In today's edition of The Chicago Sun-Times, Lynn Sweet has an article headlined "Garland at Niles West: Can't anticipate life's 'twists and turns.'"

Adeshina Emmanuel of The New York Times reports that "Supreme Court Nominee Merrick Garland Advises Graduates on Facing 'Twists and Turns.'"

At WSJ.com's "Washington Wire" blog, Jess Bravin has a post titled "Merrick Garland Finally Gets a Hearing -- At His Old High School; Supreme Court nominee tells graduates to spend some time in public service."

Samantha Reyes and Olivia Beavers of CNN.com report that "Garland returns to alma mater for commencement."

And Kristen East of Politico.com reports that "Garland tells graduates of 'twist and turns.'"
Posted at 01:08 PM by Howard Bashman



"Rulings and Remarks Tell Divided Story of 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 12:54 PM by Howard Bashman


Sunday, May 29, 2016

"Supreme Court asked to rule on Trump casino bankruptcy": David G. Savage of The Los Angeles Times has this report.
Posted at 02:16 PM by Howard Bashman


"Colloton '85 shortlisted as Trump's potential Supreme Court Justice": Abhiram Karuppur of The Daily Princetonian has this report.
Posted at 10:52 AM by Howard Bashman


"Supreme Court nominee Merrick Garland addresses high school alma mater": Angie Leventis Lourdos of The Chicago Tribune has an article that begins, "Supreme Court nominee Merrick Garland is returning to his alma mater Niles West High School to speak at its commencement ceremony this afternoon, marking his second noteworthy graduation speech at the Skokie high school."

And the Illinois Patch reports that "Supreme Court Nominee Merrick Garland Gives Niles West Commencement Speech; The Niles West High School graduation ceremony begins at noon Sunday."

You can view live, online the Niles West High School 2016 Commencement ceremony via this link.
Posted at 10:42 AM by Howard Bashman



"Gay marriage victory at Supreme Court triggering backlash": Richard Wolf of USA Today has this report.
Posted at 10:32 AM by Howard Bashman


"Order on the court": In today's edition of The Philadelphia Inquirer, Jeffrey Rosen has an essay that begins, "A hundred years ago, on June 1, 1916, Louis Brandeis was confirmed as an associate justice of the Supreme Court."
Posted at 10:08 AM by Howard Bashman


Saturday, May 28, 2016

"Markel's ex-wife lauds investigators, arrest": Karl Etters has this front page article in today's edition of The Tallahassee Democrat.

In other coverage from that newspaper, Sean Rossman reports that "PrawfsBlawg continues after Markel's death."

Safid Deen has articles headlined "Witness: Police swarmed Garcia during arrest in Markel case" and "Garcia neighbors in disbelief over murder charge."

And Jeff Burlew has an article headlined "Markel suspect: 'This is not my first rodeo.'"
Posted at 01:04 PM by Howard Bashman



"'Parking While Black' Is Not Probable Cause for an Arrest": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 10:02 AM by Howard Bashman


"Court: Juvenile killers can't get life without parole." Grant Rodgers has this front page article in today's edition of The Des Moines Register.

In today's edition of The New York Times, Dave Philipps has an article headlined "Iowa Court Rejects Life Without Parole for Juveniles."

Mark Berman of The Washington Post reports that "Iowa Supreme Court says juveniles can't be sentenced to life in prison without parole for murder."

And The Associated Press reports that "Iowa Supreme Court bans life without parole for teen killers."

You can access yesterday's 4-to-3 ruling of the Supreme Court of Iowa at this link.
Posted at 09:55 AM by Howard Bashman



"To Save Our Justice System, End Racial Bias in Jury Selection": Senior Second Circuit Judge Jon O. Newman has this op-ed in today's edition of The New York Times.

And online at Slate, law professor Bennett L. Gershman has a jurisprudence essay titled "How Prosecutors Get Rid of Black Jurors: The ugly practice that was exposed by the Supreme Court in the 1980s is still pervasive."
Posted at 09:42 AM by Howard Bashman



Friday, May 27, 2016

"Kansas school funding unconstitutional, Kansas Supreme Court rules; Justices retain June 30 deadline for creating fairer finance system for poorer schools": Celia Llopis-Jepsen of The Topeka Capital-Journal has this report. And Jonathan Shorman of The Topeka Capital-Journal reports that "GOP furious with school finance court ruling; legislative action unlikely next week; House speaker and Senate president's offices indicate action on sine die not likely."

Dion Lefler, Suzanne Perez Tobias, and Daniel Salazar of The Wichita Eagle report that "Supreme Court says Kansas school funding still unconstitutionally inequitable; school closure still looms."

Peter Hancock of The Lawrence Journal-World reports that "Kansas Supreme Court rejects lawmakers' school finance changes, threatens in new ruling to close schools."

And The Associated Press has a report headlined "Top Kansas court: State not properly funding poor schools."

You can access today's ruling of the Supreme Court of Kansas at this link.
Posted at 10:30 PM by Howard Bashman



"Roy Moore: Liberty Counsel files lawsuit over Alabama chief justice suspension." Erin Edgemon of AL.com has this report.

And The Associated Press reports that "Suspended Alabama chief justice sues state judicial panel."
Posted at 05:40 PM by Howard Bashman



"The rise and (apparent) decline of sealed petitions at the Supreme Court": Alison Frankel's "On the Case" from Thomson Reuters News & Insight today has a post that begins, "An item at Howard Bashman's How Appealing blog caught my eye Thursday."
Posted at 05:33 PM by Howard Bashman


"Appeals court halts U.S. judge's order banning aspect of D.C. gun enforcement": Spencer S. Hsu of The Washington Post has this report.

I have posted at this link today's per curiam order of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit granting a temporary administrative stay pending further order of that court.
Posted at 05:20 PM by Howard Bashman



"Bathroom lawsuit could send transgender rights to U.S. Supreme Court": Daniel Wiessner and Daniel Trotta of Reuters have this report.
Posted at 02:51 PM by Howard Bashman


"Chief Judge 2016 State of the Circuit Report": The U.S. Court of Appeals for the Second Circuit has posted this report online.
Posted at 02:48 PM by Howard Bashman


"Search of old computer files allowed by U.S. appeals court": Jonathan Stempel of Reuters has this report.

Courthouse News Service reports that "En Banc Second Circuit Endorses Long-Term Data Retention by Feds."

And at WSJ.com's "Law Blog," Joe Palazzolo has a post titled "Hard Drives Seized Years Ago Can Be Searched, Court Says."

You can access today's en banc ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 02:44 PM by Howard Bashman



"The Obama Administration Is Using Racist Court Rulings to Deny Citizenship to 55,000 People; Five American Samoans want the Supreme Court to grant them birthright citizenship": Pema Levy has this article online today at Mother Jones.
Posted at 02:34 PM by Howard Bashman


"Trump is a pragmatist, too. That's the problem." Christopher J. Scalia has this essay online at The Washington Post.
Posted at 02:33 PM by Howard Bashman


"State Supreme Court Upholds Abolishment Of Death Penalty, Including For Death-Row Inmates": Alaine Griffin and Matthew Kauffman have this front page article in today's edition of The Hartford Courant.

And The Associated Press reports that "Connecticut Supreme Court upholds death penalty abolishment."

Yesterday's ruling of the Supreme Court of Connecticut consists of a per curiam opinion of the court, three concurring opinions (here, here, and here) and two dissenting opinions (here and here).
Posted at 01:46 PM by Howard Bashman



"Baylor Demotes President Kenneth Starr Over Handling of Sex Assault Cases": Marc Tracy has this front page article in today's edition of The New York Times.

And in today's edition of The Waco (Tex.) Tribune-Herald, Phillip Ericksen has a front page article headlined "Baylor looks to move beyond 'fundamental failure,' removes president and coach amid controversy."
Posted at 01:28 PM by Howard Bashman



"Former SPLC director picked for Roy Moore prosecution; Attorney General's Office 'not involved in the case'": Andrew J. Yawn has this front page article in today's edition of The Montgomery (Ala.) Advertiser.

Kent Faulk of The Birmingham News reports that "Former SPLC legal director hired to prosecute Roy Moore."

And The Associated Press reports that "Ex-US magistrate hired to prosecute Alabama chief justice."
Posted at 01:12 PM by Howard Bashman



"Alabama Supreme Court now recognizes lesbian adoption after SCOTUS opinion": Kent Faulk of The Birmingham News has this report.
Posted at 12:50 PM by Howard Bashman


"Eight 'is not a good number' for the Supreme Court, Ginsburg says": Robert Barnes of The Washington Post has this report.

And The Associated Press has a report headlined "Ginsburg: Having only 8 justices hamstrings Supreme Court."

You can access at this link the prepared text of the remarks that Justice Ruth Bader Ginsburg delivered yesterday at the Judicial Conference of the U.S. Court of Appeals for the Second Circuit.
Posted at 09:03 AM by Howard Bashman



"Friends, colleagues find hope in arrest, eager for details": Sean Rossman has this front page article in today's edition of The Tallahassee Democrat.

And The Associated Press reports that "Family members 'grateful' for arrest in killing."
Posted at 08:56 AM by Howard Bashman



Thursday, May 26, 2016

"Shareholder firm wants to organize pension funds to battle biz amici": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 11:52 PM by Howard Bashman


"'Not finished yet': More arrests likely in Markel case." Karl Etters of The Tallahassee Democrat has this report, along with an article headlined "Details in Markel case sparse at TPD press conference."

Sean Rossman of The Tallahassee Democrat has articles headlined "Mystery of Markel's death gripped Tallahassee" and "'Healing process' for Markel home."

Jeff Burlew of The Tallahassee Democrat reports that "Suspect in Dan Markel case has long rap sheet."

And Tonya Alanez of The South Florida Sun Sentinel reports that "Man arrested in Hallandale Beach linked to 2014 killing of FSU professor, investigators say."
Posted at 11:44 PM by Howard Bashman



"GOP Senator Says He Was Unmoved By Meeting With Merrick Garland Before Meeting Actually Happens; A Utah newspaper published an op-ed by Sen. Orrin Hatch saying the meeting hadn't changed his mind about Garland; There was just one problem": Cristian Farias and Sam Stein of The Huffington Post have this report today.

And Lawrence Hurley of Reuters has a report headlined "Oops! Senator's article tells of phantom meeting with Obama nominee."
Posted at 11:14 PM by Howard Bashman



"Another Blow to Holding Banks Accountable for the Financial Crisis": Jesse Eisinger has this post online today at The New Yorker.
Posted at 11:05 PM by Howard Bashman


"The Next Supreme Court Confirmation Battle": The National Constitution Center in Philadelphia hosted this event earlier tonight featuring several distinguished participants, and you can access the video on YouTube at this link.
Posted at 11:02 PM by Howard Bashman


Numerical proof that "How Appealing" is a centrist law blog: Thanks to my participation this week as a speaker/panelist at the Judicial Conference of the U.S. Court of Appeals for the Sixth Circuit, I have now taken part as a speaker or panelist at the judicial conferences of the Fourth, Fifth, Sixth, Seventh, and Eighth Circuits. You can't stay closer to the center of the 11 numbered circuits than that.

In addition, some years ago I spoke on a panel at a D.C. Circuit judicial conference, but since that is not a numbered circuit it doesn't count. That conference was notable in retrospect, however, because at one point I did share an elevator with D.C. Circuit Judge, and current U.S. Supreme Court nominee, Merrick B. Garland.
Posted at 10:55 PM by Howard Bashman



"In the final stretch, how will a divided Supreme Court rule on these big cases?" David G. Savage of The Los Angeles Times has this report.
Posted at 10:20 PM by Howard Bashman


Programming note: This afternoon I will be returning home to the Philadelphia region from Louisville, Kentucky, where I have been attending the Judicial Conference of the U.S. Court of Appeals for the Sixth Circuit as a speaker/panelist. I had a very enjoyable time at the conference and visiting Louisville for the very first time. Additional posts will appear here this evening.

As always while I am traveling, in the interim additional appellate- and law-related items may appear on this blog's Twitter feed. This blog now has over 5,800 followers on Twitter, but there's always room for more.
Posted at 10:46 AM by Howard Bashman



"State Supreme Court to hear oral arguments in suit over birth certificates": John Lyon of the Arkansas News Bureau has an article that begins, "The Arkansas Supreme Court said Wednesday it will hear oral arguments in a lawsuit over whether same-sex couples are entitled to obtain amended birth certificates for their children listing both spouses as parents."
Posted at 10:40 AM by Howard Bashman


"U.S. Supreme Court allows secret debate in John Doe filing": Jason Stein of The Milwaukee Journal Sentinel has an article that begins, "The U.S. Supreme Court for now is allowing arguments partly in secret in a case over whether the high court should hear a dispute over the shutdown of an investigation into Gov. Scott Walker's campaign and conservative groups backing him."
Posted at 10:38 AM by Howard Bashman


"Challengers say NC Supreme Court infected by politics": Anne Blythe has this front page article in today's edition of The News & Observer of Raleigh, North Carolina.
Posted at 10:33 AM by Howard Bashman


"Constitution Check: Will the right of the poor to a defense lawyer be expanded?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:24 AM by Howard Bashman


"Trump's SCOTUS List and the Garland Nomination": Michael Dorf has this post at his "Dorf on Law" blog.

And online at The Washington Times, Newt Gingrich has an essay titled "Populism, diversity in Trump's Supreme Court list; Diverse law school, state judicial backgrounds."
Posted at 10:22 AM by Howard Bashman



"Trump short-lister backs cereal maker in contamination case": Robin Bravender of Greenwire has this report.
Posted at 10:18 AM by Howard Bashman


"Ohio Christian School's Land Use Claims Reinstated": Jeffrey D. Koelemay of Bloomberg BNA has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued last week.
Posted at 10:12 AM by Howard Bashman


"Is an Eight-Member Supreme Court So Bad?" Kimberly Robinson of Bloomberg BNA has this report.
Posted at 10:09 AM by Howard Bashman


"United States Opposes Cert in NLRB Cases": Matthew L.M. Fletcher has this post today at the "Turtle Talk" blog.
Posted at 10:08 AM by Howard Bashman


"Thweatt on federal lawsuit: 'This is all for security and plain good sense'; 10 states, other entities take frustration with the Obama administration." In today's edition of The Times Record News of Wichita Falls, Texas, Christopher Collins and Lana Sweeten-Shults have a front page article that begins, "On Wednesday, 10 states and other entities took their frustration with the Obama administration's guidance on transgender bathroom policies to the federal courthouse in Wichita Falls."

In today's edition of The New York Times, David Montgomery and Alan Blinder have an article headlined "States Sue Obama Administration Over Transgender Bathroom Policy."

And Molly Hennessy-Fiske of The Los Angeles Times reports that "LGBT divide grows as 11 states sue feds over transgender bathroom rule."
Posted at 08:14 AM by Howard Bashman



"Eight Justices Are Enough": Law professor Barry P. McDonald has this op-ed in today's edition of The New York Times.
Posted at 07:54 AM by Howard Bashman


"The Supreme Court's Wishful Thinking About Compromise": Linda Greenhouse has this essay online today at The New York Times.
Posted at 07:50 AM by Howard Bashman


"Man faces murder charge in Dan Markel's death": Karl Etters of The Tallahassee Democrat has an article that begins, "A man has been arrested in connection with the July 2014 shooting death of Florida State University law professor Dan Markel."
Posted at 07:40 AM by Howard Bashman


Wednesday, May 25, 2016

"Judge Cries Foul Over a Chicago Law That Favored the Cubs": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:54 PM by Howard Bashman


"Court Rebukes FCC Over Long Delay in Updating U.S. Media-Ownership Rules; Federal appeals panel threatens to toss out the regulations altogether if agency doesn't act soon": John D. McKinnon of The Wall Street Journal has this report.

And Reuters reports that "Court strikes down U.S. FCC broadcaster sales rules."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 11:30 PM by Howard Bashman



"Chief Justice John Roberts speaks on diversity, consensus": The Associated Press has this report.
Posted at 04:16 PM by Howard Bashman


"South Carolina Gov. signs 20-week abortion ban": The Associated Press has this report.
Posted at 04:03 PM by Howard Bashman


"Get Ready For A Raucous Kansas Supreme Court Retention Race": Sam Zeff of KCUR Radio has this report.
Posted at 01:55 PM by Howard Bashman


"Foes of teacher tenure, seniority appeal to state Supreme Court": Bob Egelko of The San Francisco Chronicle has an article that begins, "Opponents of teacher tenure and seniority laws in California asked the state Supreme Court to take up their case Tuesday, arguing that an appellate court disregarded evidence that the laws shield incompetent teachers and harm low-income and minority students."

And Joy Resmovits of The Los Angeles Times reports that "California's teacher tenure battle is reignited by Vergara appeal and a new bill."
Posted at 01:48 PM by Howard Bashman



"Appeal argued before Virginia Supreme Court in Confederate flag controversy": John R. Crane has this front page article in today's edition of The Danville Register & Bee.
Posted at 01:44 PM by Howard Bashman


"Nebraska Supreme Court hears arguments over whether ballot initiative to reinstate death penalty is valid": Joe Duggan of The Omaha World-Herald has this report.

And Lori Pilger of The Lincoln Journal Star reports that "Attorneys battle over whether death penalty should end up on November ballot."
Posted at 01:38 PM by Howard Bashman



"Donald Beatty elected chief justice of South Carolina Supreme Court": Maya T. Prabhu of The Post and Courier of Charleston, South Carolina has an article that begins, "S.C. Supreme Court Associate Justice Donald Beatty will serve as the court's next chief justice, becoming the second black man to hold the post."
Posted at 01:34 PM by Howard Bashman


"Supreme Court judge first Canadian woman to receive honorary Yale degree": Sean Fine of The Toronto Globe and Mail has an article that begins, "Supreme Court Justice Rosalie Abella has become the first Canadian woman awarded an honorary degree by Yale University in its 315-year history."
Posted at 01:30 PM by Howard Bashman


"Sen Mike Lee On Trump's Supreme Court Picks: That Was The Best, Most Conservative Supreme Court List I Have Ever Seen From Any President." FOX News Radio has this report.
Posted at 01:28 PM by Howard Bashman


"In High-Profile Case, Texas Defends Its Voter ID Law": Jim Malewitz of The Texas Tribune has this report.

And The Associated Press reports that "US appeals court revisits Texas voter ID law."
Posted at 11:15 AM by Howard Bashman



"After Supreme Court victory, Stephen Bright won't rest his defense of the poor and the powerless; Over 34 years with the Southern Center for Human Rights, the Atlanta-based legal nonprofit's longtime leader has argued three cases before the U.S. Supreme Court -- and never lost": Max Blau of Atlanta Magazine has this post.
Posted at 11:09 AM by Howard Bashman


"7th Cir. Sides With Cops in 'Parking While Black' Spat": Lance J. Rogers of Bloomberg BNA has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued last week.
Posted at 11:03 AM by Howard Bashman


"A hundred days later, White House isn't giving up on replacing Antonin Scalia": Mike DeBonis of The Washington Post has this report.

And Chad Klimack of The Newark (Ohio) Advocate reports that "Local teacher pushes for Supreme Ct nomination."
Posted at 10:50 AM by Howard Bashman



"RBG Is First Among Equals . . . at Oral Arguments, That Is": Kimberly Robinson has this post at the "US Law Week Blog."
Posted at 07:46 AM by Howard Bashman


"Why Legislate When Judges Will Do It for You? While the Supreme Court remains hobbled and deadlocked, the lower courts are making power grabs." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 07:42 AM by Howard Bashman


"The Transgender Bathroom Debate and the Looming Title IX Crisis": Law professor Jeannie Suk has this post online at The New Yorker.
Posted at 07:40 AM by Howard Bashman


"Constitution Check: How far can a federal judge go to punish lawyers' ethical misconduct?" Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 07:38 AM by Howard Bashman


Tuesday, May 24, 2016

"No Immunity for Cops Who Raided Little Girl's Party": Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:54 PM by Howard Bashman


"Selling stuff outside Wrigley? Court says no -- even to the Cubs." Crain's Chicago Business has this report on an opinion that Circuit Judge Frank H. Easterbrook issued yesterday on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 11:48 PM by Howard Bashman


Can "an order by a district court imposing a sanction on a lawyer for misconduct in a case * * * ever be appealed if the sanction lacks a monetary component"? Yesterday, Seventh Circuit Judge Richard A. Posner issued this interesting opinion answering that question in the affirmative.
Posted at 11:28 PM by Howard Bashman


"Poor Terry v. Ohio, 392 U.S. 1 (1968)." A concurring opinion that Fourth Circuit Judge J. Harvie Wilkinson III issued today begins:
Poor Terry v. Ohio, 392 U.S. 1 (1968). It has fallen on hard times. A string of recent tragic street encounters involving the police has brought the stop-and-frisk procedure authorized in Terry under fire. But that is nothing new.
You can access the complete ruling at this link.
Posted at 10:56 PM by Howard Bashman


"Baylor not commenting on reports of President Kenneth Starr's firing": Cindy Boren of The Washington Post has this report.

And The Waco Tribune-Herald reports that "Baylor regent chairman says Starr still president, more information to come soon."
Posted at 10:09 PM by Howard Bashman



"Why the Law Failed to Punish Wrongdoers in the Financial Crisis": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:55 PM by Howard Bashman


"Sore Losers: Samuel Alito and Clarence Thomas are still trying to keep juvenile offenders behind bars for life." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 09:48 PM by Howard Bashman


"Federal court questions whether Texas voter-ID law can offer accommodations": Robert Barnes of The Washington Post has this report.

You can access the audio of today's en banc oral argument of the U.S. Court of Appeals for the Fifth Circuit via this link (63.2 MB mp3 audio file).
Posted at 06:05 PM by Howard Bashman



"Opening Doors: North Carolina's bathroom bill is reminiscent of the days of de-facto discrimination." Jelani Cobb has this Comment in the Talk of the Town section of the May 30, 2016 issue of The New Yorker.
Posted at 09:58 AM by Howard Bashman


"The Big Uneasy: What's roiling the liberal-arts campus?" Nathan Heller has this article in the May 30, 2016 issue of The New Yorker.
Posted at 09:56 AM by Howard Bashman


"Justices Let Court-Imposed Redistricting Stand in Virginia": Adam Liptak has this article in today's edition of The New York Times.

Robert Barnes and Jenna Portnoy of The Washington Post report that "Supreme Court leaves in place Va. redistricting decision, rejects GOP lawmakers' challenge."

Richard Wolf of USA Today reports that "Supreme Court upholds Virginia redistricting."

Lawrence Hurley of Reuters reports that "U.S. justices rule against Virginia Republicans in black voters case."

Greg Stohr of Bloomberg News reports that "Republicans Lose at U.S. High Court on Virginia Voting Map."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: Racial gerrymandering case ends."
Posted at 09:53 AM by Howard Bashman



"Tom Brady fights on, asking Second Circuit for rehearing": Ben Volin of The Boston Globe has this report. In related coverage, Andrew Mahoney of The Boston Globe reports that "Tom Brady's attorney had some things to say about Roger Goodell."

And Bob McGovern of The Boston Herald has an essay titled "Tom Brady's team is courting a higher power."
Posted at 09:44 AM by Howard Bashman



"The Passive-Aggressive U.S. Supreme Court: Even in the face of clear precedent, some justices just don't like it when a convicted petitioner is right on the law." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 09:32 AM by Howard Bashman


"Supreme Court upends murder case, race a factor in 1987 conviction": John Bailey has this front page article in today's edition of The Rome (Ga.) News-Tribune.
Posted at 09:30 AM by Howard Bashman


"How Clarence Thomas Broke My Heart": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 09:26 AM by Howard Bashman


"Strict Texas voter-ID law faces federal court test ahead of presidential election": Robert Barnes of The Washington Post has an article that begins, "A high-stakes election-year legal battle over voting rights gets an important test Tuesday as 15 judges will consider whether Texas's strictest-in-the-nation voter-identification law will be in effect for the presidential contest this November."

In related coverage, Sari Horwitz of The Washington Post has an article headlined "Getting a photo ID so you can vote is easy. Unless you're poor, black, Latino or elderly."

Bobby Cervantes of The Houston Chronicle reports that "Texas voter ID law back in court; Full appeals court will hear case today."

Jim Malewitz of The Texas Tribune reports that "Five Years Later, Voter ID Suit Still Moving Forward."

And The Associated Press reports that "US appeals court revisits Texas voter ID law."

Once the audio of today's oral argument before the en banc U.S. Court of Appeals for the Fifth Circuit becomes available online, I will link to it.
Posted at 09:22 AM by Howard Bashman



Monday, May 23, 2016

"Penalty Against Bank of America Overturned in Mortgage Case": Michael Corkery will have this article in Tuesday's edition of The New York Times.

Nate Raymond and Jonathan Stempel of Reuters report that "Bank of America $1.27 billion U.S. mortgage penalty is voided."

The Associated Press reports that "Appeals court reverses fraud finding against Bank of America."

Bloomberg News reports that "BofA $1.3 Billion 'Hustle' Judgment Tossed by Appeals Court."

And Jon Prior of Politico.com reports that "Appeals court throws out Bank of America $1.27 billion penalty."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:44 PM by Howard Bashman



"Court reinstates Libor antitrust lawsuits against banks": Kevin McCoy of USA Today has this report.

Jonathan Stempel of Reuters reports that "Big banks lose as U.S. appeals court revives Libor lawsuits."

The Associated Press reports that "Court reinstates lawsuits alleging collusion by big banks."

Bloomberg News reports that "Banks Must Defend Libor Lawsuits After Judges Warn of Impact."

And Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a post titled "2nd Circuit in Libor case v. banks: Rigging rates is price-fixing collusion."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:35 PM by Howard Bashman



"Breyer says Supreme Court not diminished with only 8 members": Sam Hananel of The Associated Press has this report.
Posted at 11:16 PM by Howard Bashman


"Advocates eye challenge to judge's order on Obama immigration relief recipients": Josh Gerstein of Politico.com has this report.
Posted at 11:06 PM by Howard Bashman


In the June 2016 issue of ABA Journal magazine: Mark Walsh has an article headlined "Court says criminal defendants should be allowed to pay lawyers with 'untainted' funds."

G.M. Filisko has an article headlined "After Obergefell: How the Supreme Court ruling on same-sex marriage has affected other areas of law."

Lorelei Laird has an article headlined "Police routinely read juveniles their Miranda rights, but do kids really understand them?"

And Anna Stolley Persky has an article headlined "Contentious battles between couples over frozen embryos raise legal and ethical dilemmas."
Posted at 05:06 PM by Howard Bashman



"Supreme Court Finds Racial Bias in Jury Selection for Death Penalty Case": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Justices throw out death sentence given to black man by all-white jury."

David G. Savage of The Los Angeles Times reports that "Supreme Court rules that prosecutors intentionally kept blacks off jury."

Bill Rankin of The Atlanta Journal-Constitution has a blog post titled "High court finds discrimination in jury selection in Georgia death case."

Lawrence Hurley of Reuters reports that "Supreme Court rules for black Georgia death row inmate."

Ariane de Vogue of CNN.com reports that "Supreme Court sides with death row inmate in racial discrimination case."

Josh Gerstein of Politico.com has a blog post titled "Supreme Court finds jury tainted by race in murder case."

Cristian Farias of The Huffington Post reports that "Supreme Court Rules Prosecutors Violated The Constitution When Excluding Black Jurors; Selection of an all-white jury in a Georgia capital case was 'motivated in substantial part' by race."

Chris Geidner of BuzzFeed News has an article headlined "Supreme Court: Jurors Were Unconstitutionally Kept Off Murder-Trial Jury Based On Race."

At "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: Telltale files on race-based jury selection."

In commentary, Dahlia Lithwick has a jurisprudence essay online at Slate titled "Peremptory Prejudice: Racism still infects jury challenges, even if most aren't as blatant as these awful Georgia prosecutors."

And Ian Millhiser of ThinkProgress has a post titled "How Justice Thomas Would Give Prosecutors A Permission Slip For Race Discrimination."
Posted at 04:44 PM by Howard Bashman



"Doctors Have the Right to Perform Abortions": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 04:10 PM by Howard Bashman


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

1. Justice Sonia Sotomayor delivered the opinion of the Court in Green v. Brennan, No. 14-613. Justice Samuel A. Alito, Jr. issued an opinion concurring in the judgment. And Justice Clarence Thomas issued a dissenting opinion. You can access the oral argument via this link.

2. Justice Stephen G. Breyer delivered the opinion for a unanimous Court in Wittman v. Personhuballah, No. 14-1504. You can access the oral argument via this link.

3. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Foster v. Chatman, No. 14-8349. Justice Alito issued an opinion concurring in the judgment. And Justice Thomas issued a dissenting opinion. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Supreme Court throws out death sentence from all-white jury"; "Supreme court dismisses GOP appeal over Virginia districts"; and "High court ruling helps federal workers file job bias claims."

And Richard Wolf of USA Today reports that "Supreme Court gives black death-row inmate new life."
Posted at 10:02 AM by Howard Bashman



"The Legacy of Justice Scalia: Remembering a Conservative Legal Titan's Impact on the Law." The Heritage Foundation has posted on YouTube at this link the video of this event the organization hosted last Thursday.
Posted at 09:48 AM by Howard Bashman


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

In Adams v. Alabama, No. 15-6289, the Court issued a GVR. In connection therewith, Justice Clarence Thomas issued a concurrence, in which Justice Samuel A. Alito, Jr. joined. Justice Alito issued a concurrence, in which Justice Thomas joined. And Justice Sonia Sotomayor issued a concurrence, in which Justice Ruth Bader Ginsburg joined.

Update: In early news coverage, The Associated Press reports that "High court rejects request to reconsider Blagojevich case."
Posted at 09:33 AM by Howard Bashman



"Tom Brady's legal team says it will appeal Deflategate ruling": Ben Volin of The Boston Globe has this report.
Posted at 09:28 AM by Howard Bashman


"Can Citizens Sue the Government Over Climate Change?" The New York Times has posted this "Room for Debate" discussion online today.
Posted at 09:24 AM by Howard Bashman


"For Trump, High Court List a Sop to Conservatives": Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 09:20 AM by Howard Bashman


"If Citizens United Falls, Will Progressives Notice? The remaining presidential candidates have each said they'd fix big money in political races; But if the Supreme Court overturned its latest campaign-finance rulings, would anything really change?" Bradley A. Smith has this essay online today at The Atlantic.
Posted at 09:18 AM by Howard Bashman


"Supreme Court rules for CRST in legal fee case; Company seeking $4.7 million after lawsuit thrown out": George C. Ford of The Gazette of Cedar Rapids, Iowa has this report.
Posted at 09:16 AM by Howard Bashman


"Knife owners worry about getting stuck with weapon charge after Nebraska Supreme Court opinion": Joe Duggan has this front page article in today's edition of The Omaha World-Herald.

Duggan's earlier coverage of the decision can be accessed here.
Posted at 09:10 AM by Howard Bashman



"Supreme Court Scorecard: Not the Class Action Rout Defendants Had Hoped For." Perry Cooper of Bloomberg BNA has this report.
Posted at 09:02 AM by Howard Bashman


"Who Knew Ruth Bader Ginsburg's Son Is Revolutionizing World Music?" Ronald Litke of The Forward has this report.
Posted at 09:00 AM by Howard Bashman


Sunday, May 22, 2016

Yesterday, Justice Don R. Willett delivered the commencement address at the Texas Tech University School of Law: You can view the video on YouTube at this link.
Posted at 10:18 PM by Howard Bashman


"The End of the Open Market for Lethal-Injection Drugs": Lincoln Caplan has this post online at The New Yorker.
Posted at 09:52 PM by Howard Bashman


"Gov. Doug Ducey signs legislation to expand Arizona Supreme Court; The Arizona Supreme Court will expand to seven justices from five, a move the governor says is necessary to ensure 'swift justice'": Yvonne Wingett Sanchez of The Arizona Republic has this report.
Posted at 09:40 PM by Howard Bashman


"11 apply for state Supreme Court vacancy": Patrick Marley of The Milwaukee Journal Sentinel has this report. For those who enjoy mysteries, the article reports that one applicant's name will be kept secret unless he or she becomes a finalist for the judicial appointment.
Posted at 09:38 PM by Howard Bashman


"Trump: Clinton should reveal Supreme Court plan." Joseph Gerth had this article in yesterday's edition of The Louisville Courier-Journal.
Posted at 09:33 PM by Howard Bashman


"How to make the Senate consider Merrick Garland for the Supreme Court": U.S. Representatives Elizabeth Esty (D-CT) and Chris Van Hollen (D-MD) have this essay online at The Los Angeles Times.
Posted at 09:32 PM by Howard Bashman


"How Former Justice Scalia's Empty Supreme Court Seat Is Impacting Major Decisions": Meghan Keneally of ABC News has this report.
Posted at 09:26 PM by Howard Bashman


"The danger of Trump, Sanders and Clinton's Supreme Court lists and litmus tests": The Washington Post recently published this editorial.
Posted at 09:24 PM by Howard Bashman


"How Donald Trump Gained Power Over Senate Republicans With His Supreme Court List: He picked their friends, mentors and even family members for the job; Now let's see them oppose his agenda." Jennifer Bendery and Sam Stein of The Huffington Post have this report.
Posted at 09:22 PM by Howard Bashman


"Why Donald Trump's Supreme Court Shortlist Is Especially Terrifying for Women": Dahlia Lithwick has this essay online at Slate.
Posted at 09:20 PM by Howard Bashman


"Trump, Clinton gird for epic battle over guns: The 2 likely general election candidates are already tearing into each other over the Second Amendment." Sarah Wheaton of Politico.com has this report.
Posted at 09:12 PM by Howard Bashman


"Should Women Be Able to Abort a Fetus Just Because It's Female? A new wave of state legislation prohibits the termination of a pregnancy based on sex, race, and genetic abnormality." Emma Green has this article online at The Atlantic.
Posted at 09:08 PM by Howard Bashman


"In 1978 custody case, Hillary Clinton took the side of a father": Annie Linskey has this front page article in today's edition of The Boston Globe.
Posted at 09:04 PM by Howard Bashman


"Sotomayor to URI graduates: Dreams take hard work." Jacqueline Tempera of The Providence Journal has an article that begins, "Supreme Court Justice Sonia Sotomayor spoke of taking 'aha' and 'uh oh' moments with grace in her speech to the class of 2016 at the University of Rhode Island on Sunday."

And The Associated Press has a report headlined "Sotomayor to graduates: Learn from your mistakes."
Posted at 09:00 PM by Howard Bashman



"Slaying my last 5 excuses to back the death penalty": Columnist EJ Montini of The Arizona Republic has an essay that begins, "After years of reading and writing about the horrors of violent crime, I decided there are monsters among us who deserve to die, period. And the state should kill them. But there's a whole criminal justice system that goes along with implementing the death penalty, and in order to hold onto your belief in capital punishment you must believe in that system. And now I don't. I can't."
Posted at 08:56 PM by Howard Bashman


"Fewer seek to be judges in 'know-a-guy' R.I." Columnist Edward Fitzpatrick has this essay online at The Providence Journal.
Posted at 08:52 PM by Howard Bashman


"Justice Don Willett, the boy from Talty, takes Twitter by storm, and maybe SCOTUS, too": Brandi Grissom has this blog post online at The Dallas Morning News.
Posted at 08:49 PM by Howard Bashman


"Here's the Problem With the Feds Profiting From Court Filings": April Glaser of Wired.com has an article that begins, "According to the Constitution, the law is by, of, and for the people. Congress makes laws, the president enforces them, the courts interpret them. Yet if you want to read federal court documents -- to challenge those laws, or analyze them, or simply see them in the making -- you must pay. By the page."
Posted at 08:45 PM by Howard Bashman


Greetings from Louisville, Kentucky: Where I arrived from Philadelphia early this afternoon. The American Eagle pilot who announced our anticipated landing time mistakenly stated over the intercom that Louisville is in the central time zone, but thankfully the plane landed in the Louisville that's in the eastern time zone.

After dropping off my luggage at the hotel, I was able to make it to Louisville Slugger Field in time for the fourth inning of today's AAA International League baseball game between the Columbus (Ohio) Clippers and the Louisville Bats. Unfortunately for the home team, the closer for the Bats just didn't have it today, allowing the Clippers to score three runs to tie the game in the top of the 9th inning. And an infield error and two disputed calls at first base in the top of the 10th allowed the Clippers to take the lead and emerge victorious. You can access the box score at this link. And coverage from The Louisville Courier-Journal can be accessed here.

Tonight, I had a delicious dinner at Proof on Main. The halibut entree was the best halibut dish I have ever eaten. And the gelati and sorbet sampler made for a perfect end to a great meal. On my very first night here, Proof on Main has set the bar quite high for the rest of my visit to Louisville.
Posted at 08:34 PM by Howard Bashman



Saturday, May 21, 2016

"Appeals court to rule on cellphone ban for Saginaw County courtrooms": Andy Hoag of MLive.com had this report earlier this month.

On Friday, the U.S. Court of Appeals for the Sixth Circuit issued this ruling dismissing the challenge for lack of standing.
Posted at 11:09 PM by Howard Bashman



"If a Suit Against You Is Dismissed, That's a Win": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 10:42 PM by Howard Bashman


"Transgender Americans See Their Personal Battle Become a National Showdown": Sheryl Gay Stolberg, Julie Bosman, Manny Fernandez, and Julie Hirschfeld Davis will have this article in Sunday's edition of The New York Times.
Posted at 10:38 PM by Howard Bashman


"Originalism Isn't Enough: Why Judicial Engagement is Essential to Constitutional Enforcement." Evan Bernick recently had this blog entry at The Huffington Post.
Posted at 10:35 PM by Howard Bashman


"When do Supreme Court Justices recuse themselves from cases?" Town Hall Speakers Series intern Olivia Fitzpatrick has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:32 PM by Howard Bashman


"A Heated Linguistic Debate: What Makes 'Redskins' a Slur?": Dan Barry will have this front page article in Sunday's edition of The New York Times.
Posted at 10:30 PM by Howard Bashman


Friday, May 20, 2016

"When a 'Speedy Trial' Includes a 14-Month Delay": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 11:30 PM by Howard Bashman


"Early Spokeo fallout: Privacy defendants try to capitalize." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 11:11 PM by Howard Bashman


"Hillary Clinton Opposes Heller Gun Rights Ruling, Adviser Says": Sahil Kapur of Bloomberg Politics has a report that begins, "Hillary Clinton believes a 2008 Supreme Court ruling that is the linchpin of an individual's right to own a gun was 'wrongly decided,' her policy adviser told Bloomberg Politics on Friday."
Posted at 11:04 PM by Howard Bashman


"The Beauty of an Eight-Justice Supreme Court": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:26 PM by Howard Bashman


"Three of Trump's Supreme Court picks clerked for Justice Thomas and would serve beside him": Teresa Welsh of McClatchy DC has this report.

Grant Rodgers of The Des Moines Register reports that "Iowa judge on Trump list of Supreme Court picks."

Deb Stanley of TheDenverChannel.com reports that "Colorado judge Allison Eid on Donald Trump's list of potential Supreme Court nominees."

Dave Helling of The Kansas City Star reports that "Federal judge on Donald Trump's Supreme Court list once worked for Bob Dole campaign in Missouri."

Laura Olson of The Morning Call of Allentown, Pennsylvania reports that "Pa. judge on Trump's list of top Supreme Court picks."

Todd Spangler of The Detroit Free Press reports that "2 Michigan judges on Donald Trump's list for U.S. Supreme Court."

Lauren Gibbons of MLive.com reports that "2 Michigan judges on Donald Trump's U.S. Supreme Court shortlist."

Fathma Rahman of The Daily Northwestern reports that "Two Northwestern alumni appear on Trump's list of potential U.S. Supreme Court nominees."

Dennis Romboy of The Deseret News reports that "Utah Justice Tom Lee on Trump's list of potential U.S. Supreme Court nominees."

Paul Gattis of AL.com reports that "Donald Trump eyes former Alabama AG Bill Pryor for Supreme Court."

Elizabeth Crisp of The Advocate of Baton Rouge, Louisiana reports that "Tulane, UL-Monroe grad among Donald Trump's U.S. Supreme Court shortlist."

Greg Hilburn of The News Star of Monroe, Louisiana reports that "Trumps tabs judge with many La. ties for Supreme Court short list."

Bob Collins of Minnesota Public Radio has a report headlined "On MN Supreme Court, David Stras found unlikely allies."

Chuck Lindell of The Austin American-Statesman reports that "Tweeting Texas judge Don Willett on Trump's list for U.S. Supreme Court."

And Mike Ward of The Houston Chronicle reports that "'Supreme Tweeter' Don Willett gets Yuuuuge boost from Donald Trump Supreme Court listing."
Posted at 09:22 PM by Howard Bashman



"Judge to decide if death-row inmates need air conditioning": The Associated Press has a report that begins, "As summer approaches in Louisiana, prison officials insist that ice, fans and cold showers are enough to protect death-row inmates from dangerous heat and humidity."
Posted at 05:14 PM by Howard Bashman


"Oklahoma governor vetoes anti-abortion bill": Rick Green of The Oklahoman has this report.
Posted at 05:00 PM by Howard Bashman


"Marine general returns defense lawyers to trailer park at Guantanamo's Camp Justice": Carol Rosenberg of The Miami Herald has this report.
Posted at 03:32 PM by Howard Bashman


"Jared Fogle attorney: Fantasizing about child porn is not a crime; The former Subway pitchman is asking a federal appeals court to shorten his nearly 16-year prison sentence." Kristine Guerra of The Indianapolis Star has this updated report.

When the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit becomes available online, I will link to it.

Update: You can access the oral argument via this link (8.15 MB mp3 audio file).
Posted at 03:06 PM by Howard Bashman



"Hearing today on Jared Fogle's appeal": Kristine Guerra of The Indianapolis Star has this report on an appeal being argued this morning at the U.S. Court of Appeals for the Seventh Circuit.
Posted at 11:14 AM by Howard Bashman


"(Yet) Another Obamacare Lawsuit Raises Issue Whether the House Can Sue the President": Law professor Vikram David Amar has this essay today at Justia.com's Verdict.
Posted at 10:52 AM by Howard Bashman


"Supreme Court Eases Deportation for Immigrants Who Break State Laws; Decision rejects claim that deportation trigger was limited to crimes related to interstate commerce": Jess Bravin of The Wall Street Journal has this report.
Posted at 10:44 AM by Howard Bashman


"'Intentionally deceptive' Justice Dept. lawyers ordered to take ethics classes": Stephen Dinan has this front page article in today's edition of The Washington Times.

In today's edition of The San Antonio Express-News, Aaron Nelsen has a front page article headlined "Federal judge orders government to provide list of 3-year DACA recipients."

Ariane de Vogue of CNN.com reports that "Texas judge orders DOJ lawyers to take ethics course."

Seung Min Kim of Politico.com reports that "Judge quotes movies to rebuke Justice Dept. lawyers in Obama immigration case."

Cristian Farias of The Huffington Post reports that "Judge Who Blocked Obama's Immigration Plan Goes On Rampage Against DOJ; Among other things, he ordered Attorney General Loretta Lynch to look out for the ethics of government lawyers."

Julian Aguilar of The Texas Tribune reports that "Judge Orders Ethics Classes for Justice Department Attorneys."

Online at National Review, law professor Josh Blackman has an essay titled "Texas Judge Rebukes Obama Justice Department for 'Bad Faith' in Immigration Case; DOJ lawyers misled a federal judge in a stunning breach of ethics."

And at ThinkProgress, Ian Millhiser has a post titled "A Federal Judge Just Ordered A Dox Attack Against 100,000 Innocent People."
Posted at 10:40 AM by Howard Bashman



"University of Miami Establishes Chair for Study of Atheism": Laurie Goodstein of The New York Times has this report.
Posted at 10:25 AM by Howard Bashman


"Liberals are dangerously wrong about Citizens United: Money is speech": Law professor John O. McGinnis has this op-ed online today at The Los Angeles Times.
Posted at 09:58 AM by Howard Bashman


Thursday, May 19, 2016

"Celebrity injunction: PJS cannot be named, says Supreme Court; An injunction banning the naming of a celebrity involved in an alleged extra-marital relationship should stay in place, the Supreme Court has ruled." BBC News has this report.

You can access today's ruling of the Supreme Court of the United Kingdom at this link.
Posted at 11:48 PM by Howard Bashman



"Trump's list snubs top legal conservatives; Some of the GOP's A-list candidates for the Supreme Court don't make the cut": Josh Gerstein of Politico.com has this report.
Posted at 11:39 PM by Howard Bashman


"Trump's Supreme Court wish-list is designed to reassure conservatives": Steven Mazie has this post tonight at the "Democracy in America" blog of The Economist.
Posted at 11:22 PM by Howard Bashman


"In a battle between Texas tort reform and the Federal Rules of Civil Procedure, the Rules win": Benjamin Gould has this post at his "Appellate Briefs" blog about a ruling that the U.S. Court of Appeals for the Fifth Circuit issued today.
Posted at 11:04 PM by Howard Bashman


"The Real Reason Why All The People Trump Wants To Put On The Supreme Court Are White": Ian Millhiser has this post today at ThinkProgress.
Posted at 09:54 PM by Howard Bashman


"Oklahoma's Quixotic Abortion Bill: Sooner State lawmakers passed a bill Thursday that would send doctors who perform the procedure to prison." Matt Ford of The Atlantic has this report.
Posted at 09:50 PM by Howard Bashman


"Federal Judge in Texas Demands Justice Dept. Lawyers Take Ethics Class": Michael D. Shear will have this article in Friday's edition of The New York Times.
Posted at 09:38 PM by Howard Bashman


"Trump's Supreme Court picks have close ties to GOP senators; A brother, a former law professor and several acquaintances of lawmakers make his list": Seung Min Kim of Politico.com has this report.
Posted at 09:33 PM by Howard Bashman


"Oklahoma Passes Bill That Would Subject Abortion Doctors to Felony Charges": Erik Eckholm will have this article in Friday's edition of The New York Times.
Posted at 09:22 PM by Howard Bashman


"Trump's Supreme Court list: all conservative, some provocative." Lawrence Hurley of Reuters has this report.
Posted at 07:44 PM by Howard Bashman


"Oklahoma bill likely unconstitutional: Experts." Richard Wolf of USA Today has this report.
Posted at 05:52 PM by Howard Bashman


"2nd Circuit's repose opinion vindicates banks' billion-dollar MBS settlements": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 05:50 PM by Howard Bashman


"Trump's shortlist rankles greens": Robin Bravender of Greenwire has this report.
Posted at 04:10 PM by Howard Bashman


"The poll also found decreased [public] support for a vote on Judge Merrick B. Garland." So reports The New York Times in an article you can access online here.
Posted at 04:02 PM by Howard Bashman


"Supreme Court Rules Right to Speedy Trial Ends at Guilty Verdict": Adam Liptak of The New York Times has this report.
Posted at 02:50 PM by Howard Bashman


"Oklahoma Legislature passes bill making it a felony to perform an abortion": Rick Green of The Oklahoman has this report.

Barbara Hoberock of The Tulsa World reports that "Oklahoma Senate passes bill to make it a felony to perform abortions."

The Associated Press reports that "Oklahoma lawmakers OK bill criminalizing performing abortion."

And Reuters reports that "Oklahoma bill to jail abortion doctors heads to governor."
Posted at 01:48 PM by Howard Bashman



"One of Trump's SCOTUS Picks Supported a Revolutionary Pro-Trans Constitutional Ruling": Mark Joseph Stern has this essay online today at Slate.
Posted at 01:38 PM by Howard Bashman


"Clock did not run out on FDIC lawsuit versus big banks: U.S. court." Jonathan Stempel of Reuters has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:30 PM by Howard Bashman


"SCOTUSblog is looking for a new editor, to start work in September 2016." Andrew Hamm has this post today at "SCOTUSblog."

Amy Howe currently serves as that blog's editor. I had heard rumors that this could be Lyle Denniston's final Term at the U.S. Supreme Court for "SCOTUSblog." Denniston, in terms of longevity and quality, is the Vin Scully of U.S. Supreme Court coverage. The hiring of a new editor would allow Howe to replace Denniston as that blog's representative at the Supreme Court going forward.

On a related note, Denniston delivered the commencement address to the graduating class of the University of Nebraska College of Law earlier this month, and you can view the text of his remarks at this link.
Posted at 01:22 PM by Howard Bashman



"High court rules against NY man denied re-entry to US": Sam Hananel of The Associated Press has this report. The AP also reports that "Justices say no constitutional right to speedy sentencing" and "Justices back company seeking legal fees from government."
Posted at 01:04 PM by Howard Bashman


"Computers and warrants: Some senators oppose Justice plan." The Associated Press has this report.
Posted at 11:42 AM by Howard Bashman


"Cautiously Optimistic about Trump's SCOTUS Shortlist": Law professor Josh Blackman has this essay online today at National Review.
Posted at 11:40 AM by Howard Bashman


"New poll finds 9 in 10 Native Americans aren't offended by Redskins name": John Woodrow Cox, Scott Clement, and Theresa Vargas of The Washington Post have this report.
Posted at 10:42 AM by Howard Bashman


"Constitution Check: Is plea bargaining a step toward closing Guantanamo?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:35 AM by Howard Bashman


"The Supreme Court Is Not Doing Its Job: Don't let the elegant posturing of the eight justices fool you." Dahlia Lithwick has this jurisprudence essay online today at Slate.
Posted at 10:33 AM by Howard Bashman


"Appellate nominee gets hearing, confirmation still in doubt": Craig Gilbert of The Milwaukee Journal Sentinel has an article that begins, "The Senate took a modest step Wednesday toward filling the oldest vacancy of its kind in the country by holding a hearing on the nomination of Wisconsin lawyer Donald Schott for the 7th Circuit Court of Appeals."

You can view online the video of yesterday's U.S. Senate Judiciary Committee hearing on judicial nominations via this link.
Posted at 10:32 AM by Howard Bashman



"Trump's Supreme Court List Might Reassure Conservatives, But Leaves Off Big Names": Nina Totenberg of NPR has this report.
Posted at 10:28 AM by Howard Bashman


"Democrats hold mock confirmation hearing for Judge Garland": Dave Boyer of The Washington Times has this report.

C-SPAN has posted the video of the event at this link.
Posted at 10:26 AM by Howard Bashman



"Diane Sykes on Trump list for U.S. Supreme Court": Craig Gilbert and Bill Glauber of The Milwaukee Journal Sentinel have this report.
Posted at 10:24 AM by Howard Bashman


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

1. Justice Elena Kagan delivered the opinion of the Court in Luna Torres v. Lynch, No. 14-1096. Justice Sonia Sotomayor issued a dissenting opinion, in which Justices Clarence Thomas and Stephen G. Breyer joined. You can access the oral argument via this link.

2. Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Betterman v. Montana, No. 14-1457. Justice Thomas issued a concurring opinion, in which Justice Samuel A. Alito, Jr. joined. And Justice Sotomayor also issued a concurring opinion. You can access the oral argument via this link.

3. And Justice Anthony M. Kennedy delivered the opinion for a unanimous Court in CRST Van Expedited, Inc. v. EEOC, No. 14-1375. Justice Thomas issued a concurring opinion. You can access the oral argument via this link.
Posted at 10:03 AM by Howard Bashman



Wednesday, May 18, 2016

"Donald Trump Releases List of Possible Supreme Court Picks": Alan Rappeport and Charlie Savage will have this article in Thursday's edition of The New York Times.
Posted at 11:14 PM by Howard Bashman


"Donald Trump Releases Names of 11 Potential Supreme Court Choices; Presumptive Republican nominee for president discloses possible candidates to prove his conservative credentials": Brent Kendall of The Wall Street Journal has this report.
Posted at 09:14 PM by Howard Bashman


"Trump announces his Supreme Court picks, including one who has repeatedly mocked him": David G. Savage of The Los Angeles Times has this report.
Posted at 09:04 PM by Howard Bashman


"Ron Johnson Ditches His Own Judicial Nominee After Ignoring Court Vacancy For 2,323 Days; Why not add insult to injury?" Jennifer Bendery of The Huffington Post has this Seventh Circuit-related report.
Posted at 08:22 PM by Howard Bashman


"Pfizer Turns Its Back on the Execution Business": Andrew Cohen has this essay online today at the Brennan Center for Justice.
Posted at 08:20 PM by Howard Bashman


"Democrats Stage Mock Garland Hearing Without Republicans or Garland": Jess Bravin has this post at WSJ.com's "Washington Wire" blog.
Posted at 06:00 PM by Howard Bashman


"Your Ultimate Guide To The 11 White People Donald Trump Will Consider For The Supreme Court": Ian Millhiser has this post at ThinkProgress.
Posted at 05:32 PM by Howard Bashman


"Government Argues That Indefinite Solitary Confinement Perfectly Acceptable Punishment For Failing To Decrypt Devices": Tim Cushing has this post at Techdirt reporting on a response that the U.S. Department of Justice filed yesterday in the U.S. Court of Appeals for the Third Circuit.
Posted at 04:22 PM by Howard Bashman


"Q&A: Judge Posner on Writing, Law School and Cat Videos." Zoe Tillman of The National Law Journal has this report.
Posted at 04:16 PM by Howard Bashman


"Trump Names Conservative Judges as Possible Supreme Court Picks": Greg Stohr of Bloomberg News has this report.

And Ginger Gibson and Lawrence Hurley of Reuters report that "Trump identifies 11 potential Supreme Court nominees."
Posted at 04:07 PM by Howard Bashman



"These Are The 'Great Intellects' Donald Trump Would Like To Put On The Supreme Court; Conservatives have warned he may not be up to the task of replacing the late Justice Antonin Scalia": Cristian Farias of The Huffington Post has this report.
Posted at 03:50 PM by Howard Bashman


"Judge On Trump's SCOTUS List Made Trump Jokes On Twitter": Tierney Sneed of Talking Points Memo has this report.

Tyler Kingkade of The Huffington Post reports that "One Of Donald Trump's Supreme Court Picks Has Spent A Year Trolling Him On Twitter."

And Bobby Blanchard of The Dallas Morning News has a blog post titled "9 times Texas Supreme Court Justice Don Willett dissed Donald Trump on Twitter."
Posted at 03:35 PM by Howard Bashman



"The Logic of Gun Rights Puts Pistols in Pockets": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 03:30 PM by Howard Bashman


"Trump unveils list of 11 potential Supreme Court justices": The Associated Press has this report.

According to the article, "Trump's picks include Steven Colloton of Iowa, Allison Eid of Colorado and Raymond Gruender of Missouri. Also on the list are: Thomas Hardiman of Pennsylvania, Raymond Kethledge of Michigan, Joan Larsen of Michigan, Thomas Lee of Utah, William Pryor of Alabama, David Stras of Minnesota, Diane Sykes of Wisconsin and Don Willett of Texas."
Posted at 02:10 PM by Howard Bashman



"George Mason University Firms Up Plan to Name Law School for Scalia": Nicholas Fandos has this article in today's edition of The New York Times.
Posted at 12:08 PM by Howard Bashman


"High-Court Nominee's Clerkship Combed for Hints on K-12; Heady 1978-79 term for Merrick Garland": Mark Walsh has this article in today's print edition of Education Week.
Posted at 12:05 PM by Howard Bashman


"Administrative Law and Judicial Duty: Justice Thomas' Principled Stand Against Arbitrary Power." Evan Bernick has this post today at the "Fed Soc Blog."
Posted at 12:00 PM by Howard Bashman


"Democrats running out of options in Garland fight": Seung Min Kim and Burgess Everett of Politico.com have this report today.
Posted at 11:56 AM by Howard Bashman


"Slate writer Dahlia Lithwick weighs in on whether the Senate will confirm Merrick Garland to the Supreme Court and explains why the deadlock hurts both sides of the aisle." Lithwick appeared on last night's broadcast of the Comedy Channel's "The Daily Show with Trevor Noah." You can view the video online at this link.
Posted at 10:51 AM by Howard Bashman


"Maine's top court upholds bra escape conviction": The Associated Press has this report on a ruling that the Supreme Judicial Court of Maine issued yesterday.
Posted at 10:44 AM by Howard Bashman


"Iran wants U.S. to pay for 63 years of 'spiritual and material damage'": Steve Almasy and Bijan Hosseini of CNN.com have this report. According to the article, "[t]his comes as a response to the U.S. Supreme Court's decision last month, which ruled that Iran should hand over nearly $2 billion in frozen assets to Americans affected by attacks that Iran was accused of organizing."
Posted at 10:38 AM by Howard Bashman


"Is a Deadlocked Supreme Court Such a Bad Thing?" The New York Times has posted online this morning this "Room for Debate" discussion among several participants who should be familiar to this blog's readers.
Posted at 10:35 AM by Howard Bashman


"Knowledge Seminar: An Inside Look at Federal Appellate Courts": The Federal Judiciary Channel has today posted this video at YouTube.
Posted at 10:26 AM by Howard Bashman


"Where Is Trump's Supreme Court Shortlist?" Jim Geraghty has this essay online today at National Review.
Posted at 08:14 AM by Howard Bashman


"DOC: Pfizer decision won't affect Alabama executions." Brian Lyman has this front page article in today's edition of The Montgomery Advertiser.

And Tonya Alanez of The South Florida Sun Sentinel reports that "Florida's death penalty facing new questions as last lethal-injection drug supplier bans use."
Posted at 08:10 AM by Howard Bashman



Tuesday, May 17, 2016

"3rd Circ. Gives 2nd Chance To Railroad Asbestos Claims": Shayna Posses of Law360.com has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday, in a case in which I am serving as co-counsel for plaintiff-appellant.

And yesterday at the "CA3blog," Matthew Stiegler had a post about the ruling titled "New opinion -- Third Circuit reverses on civil-procedure error."
Posted at 11:35 PM by Howard Bashman



"Is Sharper Scrutiny Of Qualified Immunity On The Horizon?" Sam Wright has this post today at "Above the Law."
Posted at 11:27 PM by Howard Bashman


"Symposium: The future of accommodation." Law professor Richard W. Garnett has this post today at "SCOTUSblog."
Posted at 10:08 PM by Howard Bashman


"Prof. Michael McConnell on Zubik v. Burwell (yesterday's Supreme Court RFRA / contraceptive decision)": Eugene Volokh has this post today at "The Volokh Conspiracy."
Posted at 08:14 PM by Howard Bashman


"The Culture War Obama Didn't Have to Wage": Online today at Bloomberg View, Ramesh Ponnuru has an essay that begins, "Surely the Obama administration could find a way to provide contraception to women without involving a group of Catholic nuns."
Posted at 08:12 PM by Howard Bashman


"Why Gun Rights Keep Expanding": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 08:02 PM by Howard Bashman


"The Crippled Supreme Court": This editorial appears in today's edition of The New York Times.
Posted at 07:56 PM by Howard Bashman


"Consensus Is the Supreme Court's New Majority": Adam Liptak will have this news analysis in Wednesday's edition of The New York Times.
Posted at 07:50 PM by Howard Bashman


"There Won't Be Any Deal in Obamacare Religion Fight": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 07:42 PM by Howard Bashman


"Both Sides Claim Victory in Statutory Injury SCOTUS Case": Perry Cooper of Bloomberg BNA has this report.
Posted at 07:24 PM by Howard Bashman


"Bridgegate names to remain secret for now, court rules": Tim Darragh of NJ.com has this report.

Paul Berger of The Record of Hackensack, New Jersey has an article headlined "GWB scandal: Federal judge halts release of names of alleged co-conspirators."

Reuters reports that "Appeals court delays release of NJ's 'Bridgegate' co-conspirators list."

And The Associated Press reports that "Bridge conspirator list release is delayed by appeals court."
Posted at 06:12 PM by Howard Bashman



"Quick Question: What Am I Supposed To Be Doing Right Now?" Merrick Garland has this commentary online today at The Onion.
Posted at 05:57 PM by Howard Bashman


"D.C. Circuit's Pace on Net Neutrality Case is Norm": Kyle Daly of Bloomberg BNA has this report.
Posted at 05:55 PM by Howard Bashman


"Federal Court Strikes Down Key Montana Contribution Limits, Setting Up Quick 9th Circuit Battle and Potential SCOTUS Deadlock": Rick Hasen has this post at his "Election Law Blog."
Posted at 05:52 PM by Howard Bashman


"Companies forced to rethink U.S. high court class action strategy": Lawrence Hurley of Reuters has this report.
Posted at 05:50 PM by Howard Bashman


"U.S. judge strikes down D.C. concealed-carry gun law as likely unconstitutional": Spencer S. Hsu and Ann E. Marimow of The Washington Post have this report.

Andrea Noble of The Washington Times reports that "Judge blocks D.C. from enforcing 'good reason' requirement for concealed carry permits; Law 'likely places an unconstitutional burden' on the 2nd Amendment, he rules."

And The Associated Press reports that "Judge halts enforcement of a portion of DC's strict gun law."

You can access today's ruling of the U.S. District Court for the District of Columbia at this link.
Posted at 03:45 PM by Howard Bashman



"The Supreme Court's Caseload Is On Track To Be The Lightest In 70 Years": Oliver Roeder has this post today at FiveThirtyEight.
Posted at 03:22 PM by Howard Bashman


"Bottling company loses labor dispute after U.S. high court detour": Lawrence Hurley of Reuters has this report.

My earlier coverage of today's D.C. Circuit ruling can be accessed here.
Posted at 03:12 PM by Howard Bashman



"'The White Man's Burden': A Frank And Funny Interview With Justice Clarence Thomas." David Lat has this post at "Above the Law."
Posted at 01:44 PM by Howard Bashman


"Citizen Brandeis: A 20th-century giant of the Supreme Court offers lessons about politics today." David Rennie has this essay in the current issue of The Economist.
Posted at 01:33 PM by Howard Bashman


"The U.S. Supreme Court Has Spokeo, and Class Action Defendants' Fondest Hopes Have Been Dashed": Bruce D. Greenberg has this post at his "New Jersey Appellate Law" blog.

And at Mayer Brown's "Class Action Defense" blog, Andrew J. Pincus, Archis A. Parasharami, and John Nadolenco have a post titled "Supreme Court Holds in Spokeo that Plaintiffs Must Show 'Real' Harm to Have Standing to Sue for Statutory Damages."
Posted at 01:16 PM by Howard Bashman



"Offload Capitol Hill Gridlock to the Federal Courts?" Simon Lazarus has this post at "ACSBlog."
Posted at 12:04 PM by Howard Bashman


Upcoming blog-related travel: Next week, from Sunday afternoon through Thursday afternoon, I will be in Louisville, Kentucky to participate on a law-blogging panel at an event that's not open to the public. If my travel plans cooperate, I may arrive in Louisville in time to catch the end of Sunday afternoon's AAA International League baseball game featuring the Columbus (Ohio) Clippers at the Louisville Bats.

On July 14, 2016, I will be in Irvine, California serving as a panelist at the 6th annual UCI Supreme Court Term in Review.

On September 16, 2016, I will be the keynote speaker for the Appellate Practice Institute of the Appellate Practice Section of the State Bar of New Mexico.

And from November 10-13, 2016, I will be attending and moderating a panel at the 2016 Appellate Judges Institute Summit in my hometown of Philadelphia.

Although this schedule will keep me plenty busy through the end of this year, if your court's judicial conference, your bar association, your law school, or your Federalist Society's chapter is in search of a appellate- or law blog-related speaker for 2017, feel free to contact me. There are still plenty of places throughout the United States that I would like to visit (or return to), and I still haven't been invited to speak in Alaska, Hawaii, Guam, or the Northern Mariana Islands, although I was once nearly invited to speak in Moscow (Idaho).
Posted at 11:54 AM by Howard Bashman



Noel Canning v. NLRB, the reprise: Today, a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued this ruling.
Posted at 11:30 AM by Howard Bashman


"AG's office backs GMU authority to rename law school for Scalia": Karin Kapsidelis of The Richmond Times-Dispatch has an article that begins, "The state attorney general's office has stepped into the fray over the disputed donation tied to the renaming of George Mason University's law school for the late Justice Antonin Scalia."

At the "Grade Point" blog of The Washington Post, Susan Svrluga has an entry titled "The Scalia name may already be official for George Mason's law school, committee suggests."

The Associated Press has a report headlined "AG: State council has no say on naming law school for Scalia."

And in related commentary, online at The Washington Post, Seth P. Waxman and Theodore B. Olson have an essay titled "George Mason University is right to rename its law school after Antonin Scalia."
Posted at 11:24 AM by Howard Bashman



"Court says counties must justify zoning that restricts gun stores": Maura Dolan of The Los Angeles Times hast this report.

Bob Egelko of The San Francisco Chronicle reports that "Suit against gun store law in Alameda County revived."

Andrea Noble of The Washington Times reports that "Court rules Second Amendment extends to gun sales, could ease zoning laws on gun stores."

The Associated Press reports that "Appeals court reinstates gun store lawsuit over restrictions."

And Reuters reports that "Appeals court revives challenge to California county's gun law."

My earlier coverage of yesterday's Ninth Circuit ruling can be accessed here.
Posted at 11:10 AM by Howard Bashman



"Supreme Court Sends Birth-Control Case Brought by Religious Employers Back to Lower Courts; Outcome suggests justices would have split 4-4 on the merits of the case": Jess Bravin and Louise Radnofsky of The Wall Street Journal have this report.

At the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Will there be a compromise deal on ACA birth control?"

And at the "Bill of Health" blog, Gregory M. Lipper has a post titled "What to Expect When You're Expecting at Least Another Year of Contraception Litigation."
Posted at 11:00 AM by Howard Bashman



"Supreme Court Returns False-Data Case to Appeals Panel": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court says man must show inaccurate online information actually harmed him."

David G. Savage of The Los Angeles Times reports that "Supreme Court makes it harder to sue 'people search' websites for getting information slightly wrong."

Richard Wolf of USA Today reports that "Supreme Court denies class action lawsuit over false data."

Greg Stohr of Bloomberg News reports that "Online-Profile Case Gives Business Narrow Court Win."

Laura Hautala and Ashlee Clark Thompson of c|net report that "Supreme Court rules Spokeo not done with privacy lawsuit; The high court rules a lawsuit over false information can continue -- if the appellate court finds the bad intel caused concrete harm."

Daniel Fisher of Forbes.com has a post titled "Life Just Got Harder For Class-Action Lawyers As Court Rejects 'No-Injury' Cases."

And at the "Lawfare" blog, Adam Klein has a post titled "Thoughts on the Opinion in Spokeo v. Robins."
Posted at 10:55 AM by Howard Bashman



"Supreme Court, down by one, finds it can be hard to decide": Mark Sherman of The Associated Press has this report.
Posted at 10:27 AM by Howard Bashman


"Appeals court delays action on Obama's carbon emissions plan": Lawrence Hurley of Reuters has this report.

The Associated Press reports that "Full DC appeals court to decide on Obama carbon-cutting plan."

And at WSJ.com's "Law Blog," Brent Kendall has a post titled "D.C. Circuit Shifts Plans for Obama Climate Cases; Court Will Hear Cases En Banc; Ruling Unlikely to Come Before Election."
Posted at 10:23 AM by Howard Bashman



"This inmate started hand-writing a case the Supreme Court ended": Michael Doyle of McClatchyDC has an article that begins, "From the isolated depths of California State Prison, Corcoran, inmate Antonio A. Hinojosa hand-wrote his way toward the U.S. Supreme Court."
Posted at 09:04 AM by Howard Bashman


"Senate confirms Md. woman to federal bench": John Fritze of The Baltimore Sun has an article that begins, "Paula Xinis, a former federal public defender and partner at a prominent Baltimore law firm, was narrowly confirmed by the Senate on Monday to a judgeship on the U.S. District Court." The vote to confirm was 53-to-34.

My earlier coverage of this judicial nomination appeared in a post titled "President Obama seeks to achieve another first in a judicial nominee."
Posted at 09:00 AM by Howard Bashman



Monday, May 16, 2016

"What Does the Supreme Court Think About Celebrities Being Photoshopped Naked? Yes, that question could come up if the high court agrees to the NCAA's petition to review its dispute with athletes over compensation. " Eriq Gardner has this post today at the "THR, Esq." blog of The Hollywood Reporter.
Posted at 08:27 PM by Howard Bashman


"Shorthanded Supreme Court Ducks the Big Questions": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 08:15 PM by Howard Bashman


"Scandals Embroil Alabama Governor, Speaker and Chief Justice": Campbell Robertson will have this article in Tuesday's edition of The New York Times.
Posted at 08:12 PM by Howard Bashman


"House Challenge to Health Law Could Raise Premiums, Administration Says": Robert Pear will have this article in Tuesday's edition of The New York Times.
Posted at 08:09 PM by Howard Bashman


"Supreme Court Can't Make Up Its Mind In Religious Challenge To Obamacare; Zubik v. Burwell is one of the most closely watched cases of this term": Cristian Farias of The Huffington Post has this report.

Irin Carmon of msnbc.com has an article headlined "Behind Supreme Court's non-decision on contraception, one man waffles."

Chris Geidner of BuzzFeed News reports that "Supreme Court Punts On Contraception Mandate Religious Accommodation Question; Sending the cases back to lower courts for further consideration, the Supreme Court states that it 'expresses no view on the merits' of the religious liberty challenges."

At "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: A compromise, with real impact, on birth control."

And in commentary, online at The Atlantic, law professor Garrett Epps has an essay titled "The U.S. Supreme Court's Nonsense Ruling in Zubik: The challenge from religious non-profits to Obamacare's contraceptive mandate got sent back down to the lower courts, creating a lot of uncertainty."
Posted at 05:27 PM by Howard Bashman



"Brace for more class action challenges post-Spokeo": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 05:11 PM by Howard Bashman


"Without Scalia, Justices Takes Small Steps -- or No Steps at All; In opinions and orders, justices tread lightly on an 8-member high court": Brent Kendall has this post today at WSJ.com's "Law Blog."
Posted at 05:02 PM by Howard Bashman


"Obama Says Republican Concerns About Trump Means His Supreme Court Pick Should Get A Vote": Chris Geidner of BuzzFeed News has this report. You can view Geidner's interview with President Obama earlier this afternoon via this YouTube link.

In other coverage, Gregory Korte of USA Today has an article headlined "Obama: Trump shouldn't make Supreme Court pick."

The Associated Press reports that "Obama says Senate obligated to vote on Supreme Court nominee."

And Josh Gerstein of Politico.com has an article headlined "Obama: Likely Trump nomination a reason to vote on Garland."
Posted at 04:26 PM by Howard Bashman



"Court clashes put Obama's enviro legacy in limbo": Robin Bravender of Greenwire has this report.
Posted at 04:13 PM by Howard Bashman


"We must decide whether the right to keep and to bear arms, as recognized by the Second Amendment, necessarily includes the right of law-abiding Americans to purchase and to sell firearms." So begins a decision that a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:52 PM by Howard Bashman


"Frustrated Democrats plan their own Garland hearing": Seung Min Kim of Politico.com has this report.
Posted at 01:42 PM by Howard Bashman


"Supreme Court denies class action lawsuit over false data": Richard Wolf of USA Today has this report.
Posted at 01:30 PM by Howard Bashman


"Another Judge Trots Out Bad Law to Attack Obamacare": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 01:26 PM by Howard Bashman


"Justices, Seeking Compromise, Return Contraception Case to Lower Courts": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Supreme Court sends Obamacare contraception case back to lower courts."

David G. Savage of The Los Angeles Times reports that "Supreme Court clears the way to free birth control for women with religious employers."

Tom Howell Jr. of The Washington Times reports that "Supreme Court rejects Obama's birth control plan, sends case to lower courts."

Jonathan D. Silver of The Pittsburgh Post-Gazette reports that "U.S. Supreme Court vacates, remands Zubik case on contraceptive care."

Brian Bowling of The Pittsburgh Tribune-Review reports that "Supreme Court orders do-over in contraceptive services challenges."

Ariane de Vogue of CNN.com reports that "Supreme Court sends Obamacare case back to lower court."

And Jennifer Haberkorn of Politico.com reports that "Supreme Court asks for Obamacare birth control compromise."
Posted at 01:16 PM by Howard Bashman



"SCOTUS won't review precedent key to transgender ruling": Josh Gerstein of Politico.com has a blog post that begins, "The Supreme Court announced Monday, over the dissent of one conservative justice, that it will not review a legal precedent key to an appeals court ruling last month requiring public schools to allow transgender students to use bathrooms corresponding to their gender identity."
Posted at 01:07 PM by Howard Bashman


"The Bittersweet Victories of Women": In the May 26, 2016 issue of The New York Review of Books, Linda Greenhouse has this review of Gillian Thomas's book, "Because of Sex: One Law, Ten Cases, and Fifty Years That Changed American Women's Lives at Work."
Posted at 11:08 AM by Howard Bashman


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

1. Justice Elena Kagan delivered the opinion of the Court in Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning, No. 14-1132. Justice Clarence Thomas issued an opinion concurring in the judgment, in which Justice Sonia Sotomayor joined. You can access the oral argument via this link.

2. Justice Sotomayor delivered the opinion of the Court in Husky Int'l Electronics, Inc. v. Ritz, No.15-145. Justice Thomas issued a dissenting opinion. You can access the oral argument via this link.

3. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Spokeo, Inc. v. Robins, No. 13-1339. Justice Thomas issued a concurring opinion. And Justice Ruth Bader Ginsburg issued a dissenting opinion, in which Justice Sotomayor joined. You can access the oral argument via this link.

4. Justice Ginsburg delivered the opinion for a unanimous Court in Sheriff v. Gillie, No. 15-338. You can access the oral argument via this link.

5. And the Court issued a per curiam decision in Zubik v. Burwell, No. 14-1418. Justice Sotomayor issued a concurring opinion, in which Justice Ginsburg joined. You can access the oral argument via this link.

In early news coverage, Richard Wolf of USA Today reports that "Supreme Court sends 'contraceptive mandate' cases back to lower courts."

Lawrence Hurley of Reuters reports that "U.S. top court sidesteps major ruling on Obamacare contraception coverage" and "U.S. top court hands win to Spokeo in class action case."

Greg Stohr of Bloomberg News reports that "Obamacare Contraceptive Case Produces Supreme Court Compromise."

And The Associated Press reports that "Supreme Court avoids major ruling in birth control dispute" and "High court says investor lawsuit can remain in state court."
Posted at 10:04 AM by Howard Bashman



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

In Kernan v. Hinojosa, No.15-833, the Court issued a per curiam summary reversal of the judgment of the U.S. Court of Appeals for the Ninth Circuit. Justice Sonia Sotomayor issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined.

And in United Student Aid Funds, Inc. v. Bible, No. 15-861, Justice Clarence Thomas issued a dissent from the denial of certiorari.

In early news coverage, The Associated Press has reports headlined "Get off my lawn: Supreme Court rejects plaza protest appeal"; "Justices turn down Philip Morris appeal of $25M judgment"; "Justices won't touch $236M verdict in Exxon Mobil pollution"; "Justices refuse appeal in Arab-American festival dispute"; and "Justices reject appeal from parishioners of closed church."

Lawrence Hurley of Reuters reports that "U.S. justices reject challenge to protest ban on Supreme Court plaza."

And Greg Stohr of Bloomberg News reports that "U.S. Supreme Court Won't Open Its Grounds to Demonstrations."
Posted at 09:38 AM by Howard Bashman



"Why the Senate Doesn't Have to Act on Merrick Garland's Nomination: The Constitution doesn't require the chamber to hold hearings or a vote." Law professor Michael D. Ramsey has this essay online at The Atlantic.
Posted at 08:27 AM by Howard Bashman


"Courts may play pivotal role on voting rights in 2016 election": Richard Wolf of USA Today has this report.
Posted at 08:24 AM by Howard Bashman


"Obama To Discuss Supreme Court Nominee Live With BuzzFeed News Today; Legal Editor Chris Geidner will interview the president from the Roosevelt Room in the White House": Chris Geidner of BuzzFeed News has this report.
Posted at 08:22 AM by Howard Bashman


"When Appointing Friends of Court, Justices Are Friendliest Toward White Men": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.

You can access online at SSRN law professor Katherine Shaw's essay titled "Friends of the Court: Evaluating the Supreme Court's Amicus Invitation."
Posted at 08:14 AM by Howard Bashman



"Stevens says Supreme Court decision on voter ID was correct, but maybe not right": Robert Barnes has this article in today's edition of The Washington Post.
Posted at 08:12 AM by Howard Bashman


"For Juvenile Lifers, Wheels of Justice Grind Slow": Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 08:09 AM by Howard Bashman


"Friends of Nino: A Tribute to Justice Antonin Scalia." The James Wilson Institute has posted this video online at YouTube.
Posted at 08:07 AM by Howard Bashman


"Memory Lane: As we wait for the Supreme Court to hand down its big decisions, we listen back to a few highlights from this term." Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick with her guests, Tony Mauro and Josh Gerstein.
Posted at 08:02 AM by Howard Bashman


Sunday, May 15, 2016

"Grassley's court maneuver threatens his legacy, reputation": Today's edition of The Des Moines Register contains this editorial.
Posted at 11:48 PM by Howard Bashman


"The Supreme Court -- Slowing down: Why, when it comes to justices, nine are better than eight." This article appears in the May 14, 2016 issue of The Economist.
Posted at 11:22 PM by Howard Bashman


"Justice Clarence Thomas encourages Hillsdale graduates to lead by example": Lauren Slagter of MLive.com has this report.

In today's edition of The Toledo Blade, Vanessa McCray has a front page article headlined "Justice Thomas sends off Hillsdale College grads."

The Detroit News reports that "Thomas urges grads to defend conservative values."

And Breana Noble of Hillsdale College has an article online at The College Fix headlined "Justice Clarence Thomas warns against 'grievance' culture, honors Scalia in grad speech."

You can view the entire Hillsdale College commencement ceremony on YouTube via this link. And the video of Justice Clarence Thomas's remarks begins at this link.
Posted at 09:24 PM by Howard Bashman



"What's Wrong with the Redskins": Online today at The New Yorker, law professor Jeannie Suk as a post that begins, "In this country we don't ban 'Mein Kampf,' Ku Klux Klan screeds, or objectionable terms for racial groups. It is clear that the government cannot disallow offensive or hateful speech. But the federal trademark law, known as the Lanham Act, has since 1946 barred the registration of marks that may disparage 'persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.'"
Posted at 09:08 PM by Howard Bashman


"NCAA asks US Supreme Court to hear O'Bannon case": The Associated Press has this report.
Posted at 09:03 PM by Howard Bashman


Saturday, May 14, 2016

"Anthem Dodges a Mental Health Bias Action": Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday.
Posted at 11:00 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: The Dissents that Matter Most to Chief Judge Garland." Aaron Nielson has this post today at the blog of the Yale Journal on Regulation.
Posted at 09:58 PM by Howard Bashman


"Congress ducks open-records law as judges reject plea to see torture report": Stephen Dinan of The Washington Times has this report.

Lawrence Hurley of Reuters reports that "U.S. court rejects bid to make full Senate 'torture report' public."

The Associated Press reports that "Appeals court rejects effort to disclose torture report."

Cristian Farias of The Huffington Post reports that "American Public Is Not Entitled To See Full Senate Torture Report, Court Rules; As a 'congressional record,' the document is not subject to freedom-of-information laws."

Julian Hattem of The Hill reports that "Court rejects effort to release 'torture report.'"

And Josh Gerstein of Politico.com has a blog post titled "Appeals court won't order release of 'torture report.'"

You can access yesterday's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:16 PM by Howard Bashman



"How Republicans Finally Got a Victory on Obamacare; A federal judge's ruling against the administration vindicated the GOP's try-anything strategy to derail the Affordable Care Act": Russell Berman of The Atlantic has this report.

Peter Sullivan of The Hill has an article headlined "New hope for GOP after early win in ObamaCare lawsuit."

John Lauerman of Bloomberg News reports that "Hospitals Are Biggest Losers in Latest Legal Attack on Obamacare."

Online at National Review, law professor Josh Blackman has an essay titled "The House Stands Up to Unconstitutional Obamacare Payments."

And online at Bloomberg View, Megan McArdle has an essay titled "Oops! Obamacare Runs Afoul of the Constitution."
Posted at 01:00 PM by Howard Bashman



Friday, May 13, 2016

"Senator Rand Paul to back bill blocking FBI hacking expansion": Reuters has a report that begins, "Kentucky Senator Rand Paul plans to become the first Republican co-sponsor of legislation to block a pending judicial rule change that would let U.S. judges issue search warrants for remote access to computers located in any jurisdiction, his office told Reuters on Thursday."
Posted at 09:28 PM by Howard Bashman


"Supreme Court Splits on Execution Appeal, Keeping Alabama Man Alive; A 4-4 tie along court's liberal-conservative divide leaves lower-court order in place": Jess Bravin of The Wall Street Journal has this report.

And Cristian Farias of The Huffington Post reports that "Without Scalia, A Deadlocked Supreme Court Spares Death Row Inmate From Execution; An even split in a capital case is the starkest sign yet from a short-staffed court."
Posted at 08:20 PM by Howard Bashman



"Pfizer rules on lethal injection drugs may limit death penalty executions": Richard Wolf and Jayne O'Donnell of USA Today has this report.

Erik Eckholm of The New York Times reports that "Pfizer Blocks the Use of Its Drugs in Executions."

Mark Berman of The Washington Post reports that "Pfizer tightens restrictions to keep drugs from being used in executions."

Lauren Gambino of The Guardian (UK) reports that "Pfizer blocks its drugs from being used in lethal injections in prisons; Move shuts throws death penalty states into deeper disarray as they struggle to obtain drugs and carry out executions."

Kent Faulk of The Birmingham News has an article headlined "Prison official: Pfizer policy to block its drugs from use in executions does not affect Alabama."

Bloomberg News reports that "Pfizer to Restrict Sales of Seven Drugs Used in Executions."

And Reuters reports that "Pfizer blocks its drugs from use in lethal injections."
Posted at 08:14 PM by Howard Bashman



"Obama's push for broader transgender protections may get legal boost from the late Antonin Scalia": David G. Savage of The Los Angeles Times has this report.
Posted at 07:54 PM by Howard Bashman


"Texas school finance system is legal, Supreme Court rules": Chuck Lindell of The Austin American-Statesman has this report.

Mike Ward and Andrea Zelinski of The Houston Chronicle reports that "Texas Supreme Court rules school finance system is constitutional."

And The Associated Press reports that "Texas' high court upholds school funding formula."

Today's ruling of the Supreme Court of Texas consists of the 100-page opinion of the court, written by Justice Don R. Willett, and two concurring opinions (here and here).
Posted at 11:18 AM by Howard Bashman



"Decision Time Arrives for Controversy-Shy U.S. Supreme Court": Greg Stohr of Bloomberg News has this report.
Posted at 11:03 AM by Howard Bashman


"Bentley signs abortion bill into law; 2 of state's largest clinics may close": Paul Gattis of AL.com has this report.

And Brian Lyman of The Montgomery (Ala.) Advertiser reports that "Gov. Bentley signs anti-abortion bills; lawsuits likely."
Posted at 11:00 AM by Howard Bashman



"States Move Toward Treating 17-Year-Old Offenders as Juveniles, Not Adults": Erik Eckholm will have this article in Saturday's edition of The New York Times.
Posted at 10:50 AM by Howard Bashman


"Federal judge rules Obamacare is being funded unconstitutionally": David G. Savage of The Los Angeles Times has this report. The newspaper has also posted online an editorial titled "The GOP's scorched-earth approach to Obamacare finally pays off -- except for the poor of course."

In today's edition of The New York Times, Carl Hulse has an article headlined "Judge Backs House Challenge to a Key Part of Health Law."

In today's edition of The Washington Post, Spencer S. Hsu, Greg Jaffe, and Lena H. Sun have an article headlined "Judge strikes down Obama health law insurance subsidy in victory for House GOP."

At "SCOTUSblog," Lyle Denniston has a post titled "Judge: Billions spent illegally on ACA benefits."

And at WSJ.com's "Law Blog," Jacob Gershman has a post titled "Architect of House GOP Obamacare Lawsuit Savors Unlikely Win."
Posted at 10:48 AM by Howard Bashman



"UVA Law Graduate Hired by Justice Scalia Will Now Clerk for Justice Alito": The University of Virginia School of Law issued this news release today. The subject of the item is currently clerking for Sixth Circuit Judge Jeffrey S. Sutton.
Posted at 10:40 AM by Howard Bashman


"George Mason law school faculty strongly in favor of the Scalia name": Susan Svrluga of The Washington Post has this report. A "Sense of the Faculty Resolution" that the Tenured and Tenure-Track Faculty of the George Mason University School of Law adopted yesterday can be accessed here.

At Bloomberg Law, Blake Edwards has a post titled "George Mason Law Faculty Endorses Scalia Renaming, Regrets Dissension."

Online at National Review, George Mason law professors Lloyd Cohen and Todd Zywicki have an essay titled "Intolerance of Tolerance at George Mason University; The Left complains about naming a law school after a Supreme Court justice."

And at "The Volokh Conspiracy," David Bernstein has a post titled "No, the student body at George Mason University's law school is not 'conservative.'"
Posted at 10:35 AM by Howard Bashman



Thursday, May 12, 2016

"Secrecy Thwarts Justice at Guantanamo": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:26 PM by Howard Bashman


"Federal Circuit: Software and Data Structures Are Not Inherently Abstract." Dennis Crouch has this post at "Patently-O" about a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 11:23 PM by Howard Bashman


"Sex Offenders Don't Have a Right to Facebook": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:42 PM by Howard Bashman


"A Republican Judge Just Opened A New Front In The War On Obamacare": Ian Millhiser has this essay online at ThinkProgress.
Posted at 08:55 PM by Howard Bashman


"Walker's win creates majority of women on Supreme Court": West Virginia MetroNews has this report.
Posted at 08:50 PM by Howard Bashman


"Does Size Matter? The Latest Battle Over State Supreme Courts; Over the past decade, legislators in several states have sought to expand or reduce the number of justices on their highest courts; In some cases, they admit their intent to tilt the ideological balance." Governing.com has this report today.
Posted at 08:47 PM by Howard Bashman


"Fairbanks attorney named to Alaska Supreme Court": The Fairbanks Daily News-Miner has this report.

And Alaska Dispatch News reports that "Fairbanks attorney appointed as new Alaska Supreme Court justice."
Posted at 08:44 PM by Howard Bashman



"Bundy invokes Scalia in argument against U.S. land ownership": Phil Taylor of Greenwire has this report.
Posted at 06:00 PM by Howard Bashman


"Consequences of an Eight-Member Supreme Court, So Far": Kimberly Robinson of Bloomberg BNA has this post.
Posted at 05:56 PM by Howard Bashman


"Obama's Health Law Wrongly Repaying Funds to Insurers, Judge Says; Judge sides with House Republicans, ruling unappropriated funds can't be used to reimburse insurers": Brent Kendall, Stephanie Armour, and Anna Wilde Mathews of The Wall Street Journal have this report.

Lawrence Hurley of Reuters has an updated report headlined "Republicans win Obamacare legal challenge, add to insurer concerns."

Erik Larsonand Andrew M Harris of Bloomberg News report that "Some Obamacare Funding Deemed Illegal by D.C. Federal Judge."

And Cristian Farias and Jeffrey Young of The Huffington Post report that "House Republicans Win Battle In Major Legal Challenge To Obamacare; The poorest enrollees would be hit hardest if the court ruling stands."
Posted at 05:50 PM by Howard Bashman



In today's mail: I received a review copy of "The Burger Court and the Rise of the Judicial Right" by law professor Michael J. Graetz and Linda Greenhouse. The book will available for purchase at a bookstore near you beginning early next month.
Posted at 03:48 PM by Howard Bashman


Worker's comp as the exclusive remedy for federal prisoners injured during the course of their prison employment? A divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this ruling yesterday.

Chief Judge R. Guy Cole, Jr. issued the opinion of the court, in which Senior Circuit Judge Ronald Lee Gilman joined. And Circuit Judge Jeffrey S. Sutton issued a dissenting opinion.
Posted at 01:45 PM by Howard Bashman



"House of Representatives Wins Historic Ruling in Constitutional Challenge under the ACA": Law professor Jonathan Turley -- lead counsel for the challengers -- has this blog post.
Posted at 01:32 PM by Howard Bashman


"Garland-Scalia Contrasts Feature in CRS Report": Patrick Gregory of Bloomberg BNA has this post.
Posted at 01:26 PM by Howard Bashman


"Merrick Garland to Speak at Niles West Graduation": Niles West News has this report today. According to the article, precautions will be taken to ensure he avoids any contact with mosquitoes.
Posted at 01:22 PM by Howard Bashman


Access today's exotic dancer-related ruling of the U.S. Court of Appeals for the Sixth Circuit: Circuit Judge Jeffrey S. Sutton issued this ruling on behalf of a unanimous three-judge panel today.
Posted at 01:14 PM by Howard Bashman


"U.S. judge hands win to Republicans in Obamacare challenge": Lawrence Hurley of Reuters has a report that begins, "A U.S. judge on Thursday ruled in favor of congressional Republicans who challenged the Obama administration's implementation of President Barack Obama's healthcare law."

Richard Wolf, Gregory Korte, and Jayne O'Donnell of USA Today report that "Federal judge strikes down Obamacare payments."

Tom Howell Jr. of The Washington Times reports that "Judge rules in favor of House GOP in Obamacare lawsuit; Says administration usurped Congress's power of the purse."

Sam Hananel of The Associated Press reports that "Judge sides with House Republicans against health care law."

Jennifer Haberkorn of Politico.com reports that "House GOP wins Obamacare lawsuit."

And Peter Sullivan of The Hill reports that "Judge rules for House GOP in ObamaCare suit."

You can access today's ruling of the U.S. District Court for the District of Columbia at this link.
Posted at 12:54 PM by Howard Bashman



"Garland's Record: Agencies Win, Prosecutors Win and Judges Agree With Him (Mostly); Our review of the Supreme Court nominee's 329 written majority opinions": Zoe Tillman of The National Law Journal has this report.
Posted at 10:18 AM by Howard Bashman


"U.S. high court could spur Congress on Puerto Rico debt crisis": Lawrence Hurley and Nick Brown of Reuters have this report.
Posted at 08:47 AM by Howard Bashman


"Donald Trump's Constitution of One": Law professor Josh Blackman has this essay online today at National Review.
Posted at 08:46 AM by Howard Bashman


"Blaming the Chief Justice": Online today at The New York Times, Linda Greenhouse has an essay that begins, "Do you hold Chief Justice John G. Roberts Jr. responsible for the ascendancy of Donald Trump?"
Posted at 08:39 AM by Howard Bashman


Wednesday, May 11, 2016

"Down a justice, John Roberts looks to find compromise, avoid 4-4 ties": Ariane de Vogue of CNN.com has this report.
Posted at 11:52 PM by Howard Bashman


"Brother, Spare Me a Dime. Or Else." Online at Bloomberg View, law professor Noah Feldman has an essay that begins, "Laws that ban street begging often are challenged as a violation of First Amendment free speech rights. Appellate courts are divided on the question, and the Supreme Court has never answered it definitively."

And at The Huffington Post, Evan Bernick has a blog entry titled "Yes, the First Amendment Protects Panhandling: A Defense of the Supreme Court's 'Free Speech Absolutism.'"
Posted at 11:02 PM by Howard Bashman



"There's Almost No Evidence That Merrick Garland Will Take Away Your Guns; A congressional report on the Supreme Court nominee should relieve fears that he's a nemesis of the Second Amendment": Cristian Farias of The Huffington Post has this report.
Posted at 10:58 PM by Howard Bashman


"A Nasty Split in U.S. Courts Over Human Rights": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 10:42 PM by Howard Bashman


"Critical Evidence May Have Been Destroyed, Sheikh Mohammed Lawyers Say; Defense sought to halt proceedings and disqualify military judge Col. James Pohl and prosecution team led by Brig. Gen. Mark Martins": Jess Bravin of The Wall Street Journal has this report.
Posted at 10:20 PM by Howard Bashman


"2nd Circuit splinters over rehearing Alien Tort Statute case v. Arab Bank": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 05:47 PM by Howard Bashman


"Alleged 9/11 plotter's lawyers ask prosecutor, judge to quit trial over destruction of evidence": Carol Rosenberg of The Miami Herald has this report.

And The Associated Press reports that "Removal of judge, prosecutors sought in Guantanamo 9/11 case."
Posted at 05:45 PM by Howard Bashman



"Garland questionnaire doesn't include detailed financial info": Seung Min Kim and Josh Gerstein of Politico.com have this report.
Posted at 05:36 PM by Howard Bashman


"Appeals court hears challenge to Maryland's ban on 'assault weapons'": Ann E. Marimow of The Washington Post has this report.

And The Associated Press reports that "US appeals court hears Maryland gun control case."

You can access via this link (51.2 MB mp3 audio file) the audio of today's oral argument before the en banc U.S. Court of Appeals for the Fourth Circuit.
Posted at 05:28 PM by Howard Bashman



"Sex Offenders and a Facebook Free Speech Fight": Patrick Gregory of Bloomberg BNA has this blog post today.
Posted at 05:15 PM by Howard Bashman


"With Trump And SCOTUS, Do Qualifications Even Matter? It's a question Republican senators found extremely hard to answer." Michael McAuliff of The Huffington Post has this report.
Posted at 12:03 PM by Howard Bashman


"Fit to be tied: Why the Supreme Court is slowing down." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 11:57 AM by Howard Bashman


"History as Farce at the Alabama Supreme Court": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:40 AM by Howard Bashman


"No News Is No News: Why it's virtually impossible to cover Merrick Garland." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:37 AM by Howard Bashman


"Appeals court to revisit challenge to Maryland's ban on 'assault weapons'": Ann E. Marimow of The Washington Post has an article that begins, "A federal appeals court on Wednesday will revisit the legality of Maryland's ban on certain semiautomatic firearms passed after the 2012 mass shooting at a Newtown, Conn., elementary school."

Once the audio of today's oral argument of the en banc U.S. Court of Appeals for the Fourth Circuit becomes available online, I will link to it.
Posted at 08:32 AM by Howard Bashman



Tuesday, May 10, 2016

"Divided Circuit Won't Rehear Arab Bank Suit": Courthouse News Service has this report on an order, including concurrences and dissents, denying rehearing en banc that the U.S. Court of Appeals for the Second Circuit issued yesterday.
Posted at 11:26 PM by Howard Bashman


"Beth Walker wins Supreme Court race; ousts Benjamin": Phil Kabler of The Gazette-Mail of Charleston, West Virginia has an article that begins, "Buoyed by more than $3 million of outside spending from Republican and pro-business political action committees touting her candidacy and attacking challengers Darrell McGraw and Bill Wooton, Morgantown lawyer Beth Walker prevailed in the state's first non-partisan election for state Supreme Court justice."

The Associated Press reports that "GOP-backed Walker ousts incumbent Supreme Court justice."

And The West Virginia Record reports that "Walker wins seat on West Virginia Supreme Court."
Posted at 11:14 PM by Howard Bashman



"Jerk.com Founder Liable for Deceiving Its Users": Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued yesterday.
Posted at 11:06 PM by Howard Bashman


"Supreme Court Nominee Garland Submits Paperwork to Senate Judiciary Panel; Questionnaire offers some insight on Obama pick's views from past cases": Jess Bravin of The Wall Street Journal has this report.

And Richard Wolf and Gregory Korte of USA Today report that "Supreme Court nominee Merrick Garland lists his Top 10 cases."
Posted at 09:54 PM by Howard Bashman



"Garland Stepped Aside in 66 Cases Because of Financial Holdings": Greg Stohr of Bloomberg News has this report.
Posted at 09:38 PM by Howard Bashman


"White House prods Senate on Garland amid Republican blockade": Richard Cowan and Lawrence Hurley of Reuters have this report.
Posted at 09:36 PM by Howard Bashman


"Two Of America's Richest Men Secretly Tried To Sway Montana's Judicial Elections; In the post-Citizens United world, these billionaires have found a new way to attack a state law they don't like": Paul Blumenthal recently had this article online at The Huffington Post.
Posted at 08:53 PM by Howard Bashman


"Merrick Garland Coolly Tells Congress He's Never Been Overruled By The Supreme Court; It's as close to bragging as the uncontroversial judge will probably get": Cristian Farias of The Huffington Post has this report.
Posted at 08:52 PM by Howard Bashman


"This Election Inspired a John Grisham Novel; Now It Just Got Even Weirder; Twelve years after coal baron Don Blankenship bought a seat on the West Virginia Supreme Court, the tables have turned": Pema Levy has this article online at Mother Jones.
Posted at 08:46 PM by Howard Bashman


"What, If Anything, Has Judge Garland Said About the Second Amendment and Guns?" The Congressional Research Service has issued this "Legal Sidebar."
Posted at 02:44 PM by Howard Bashman


"For Merrick Garland and Republicans, a Tango of Praise and Rejection": Emmarie Huetteman has this article in today's edition of The New York Times.
Posted at 02:28 PM by Howard Bashman


U.S. Supreme Court nominee, and D.C. Circuit Chief Judge, Merrick B. Garland's answers to the U.S. Senate Judiciary Committee's questionnaire can be accessed online: At this link.

Update: In news coverage, The Associated Press reports that "White House sends high court pick's questionnaire to Senate."
Posted at 12:14 PM by Howard Bashman



"Bad Faith or Bad Principle? On Chief Justice Roberts, the Affordable Care Act and Judicial Restraint." Evan Bernick has this blog entry at The Huffington Post.
Posted at 12:04 PM by Howard Bashman


"Roy Moore: Better Politician Than Judge." Andrew Cohen has this essay online at the Brennan Center for Justice.
Posted at 11:56 AM by Howard Bashman


"The Dangers of the Ever More Powerful Presidency": Lincoln Caplan has this post online at The New Yorker.
Posted at 11:44 AM by Howard Bashman


Monday, May 9, 2016

"Constraints on Beggars Crumble After U.S. Supreme Court Case": Bloomberg News has this report today.
Posted at 11:55 PM by Howard Bashman


"Kansas Supreme Court to see how new school funding stacks up": The Associated Press has this report.
Posted at 11:48 PM by Howard Bashman


"Justices Kagan and Stevens on the Supreme Court": C-SPAN has posted this video online from the recent Seventh Circuit Judicial Conference.

Of course, I'm hoping to see Justice Kagan in just a couple of weeks at the Sixth Circuit Judicial Conference, where I will be participating on a law blogging panel with this guy and this guy.
Posted at 11:46 PM by Howard Bashman



"White House to send Garland's questionnaire to Senate": The Associated Press has this report.
Posted at 10:58 PM by Howard Bashman


"Miami judge declares Florida's death-penalty law is unconstitutional": David Ovalle of The Miami Herald has this report.

And Chris Geidner and Chris McDaniel of BuzzFeed News report that "State Judge Strikes Down New Florida Death Penalty Law."
Posted at 01:40 PM by Howard Bashman



"Pence picks Indianapolis attorney Geoffrey Slaughter for Indiana Supreme Court": Kristine Guerra of The Indianapolis Star has this report.

And at "The Indiana Law Blog," Marcia Oddi has a post titled "Vacancy on Supreme Court 2016 -- Pence appoints Indianapolis attorney Geoffrey Slaughter as next Justice."
Posted at 01:32 PM by Howard Bashman



"The Supreme Court's Troubling Neglect of Courts-Martial": Steve Vladeck has this post today at "Just Security."
Posted at 01:23 PM by Howard Bashman


"At Supreme Court, Justice Antonin Scalia's impact still felt": Richard Wolf of USA Today has this report.
Posted at 01:17 PM by Howard Bashman


Sunday, May 8, 2016

"GOP rallies around court blockade: Republicans are crushing the Democrats in the spending battle over Garland -- and it's only going to get more expensive." Burgess Everett of Politico.com has this report today.
Posted at 11:12 PM by Howard Bashman


"Chief justice's suspension adds to Alabama's political mess": The Associated Press has a report that begins, "Alabama politics are at a low point even by Alabama standards: In a state that trails the nation in many areas, three top elected officials are embroiled in scandal or facing removal from office while a former governor serves time in federal prison on a corruption conviction."
Posted at 04:06 PM by Howard Bashman


"Looming marijuana ruling could limit federal prosecutions": The Associated Press has this report.
Posted at 04:05 PM by Howard Bashman


"ACLU wins access to 12,000 internal prison documents on California's plans for lethal injection": Maura Dolan of The Los Angeles Times has this report.
Posted at 02:22 PM by Howard Bashman


"Music on cellphone isn't evidence of gang ties, state Supreme Court says": The Associated Press has a report that begins, "Washington's Supreme Court has thrown out the convictions of three men in what police called a gang-related shooting, finding among other things that music on one defendant's phone was not evidence of gang ties."

You can access Thursday's unanimous ruling of the Supreme Court of Washington State at this link.
Posted at 02:18 PM by Howard Bashman



"Oregon Supreme Court: Injured people can't sue state for more than $3 million, controversial law stands." Aimee Green of The Oregonian has this report on a ruling that the Supreme Court of Oregon issued Thursday.
Posted at 02:14 PM by Howard Bashman


"Roberts emphasizes high court's restraint, independence": Robert Barnes of The Washington Post has this report.
Posted at 02:08 PM by Howard Bashman


"The Supreme Court's Next Big Fight Over Money in Politics: Will the justices gut the rest of McCain-Feingold -- and make it easier for wealthy donors to influence elections?" Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online at The Atlantic.
Posted at 01:54 PM by Howard Bashman


"'The mighty five': Wisconsin tops nation in percentage of female Supreme Court justices." Molly Beck has this front page article in today's edition of The Wisconsin State Journal.
Posted at 01:50 PM by Howard Bashman


"Should Prostitution Be a Crime? A growing movement of sex workers and activists is making the decriminalization of sex work a feminist issue." Emily Bazelon has this cover story in today's edition of The New York Times Magazine.
Posted at 01:20 PM by Howard Bashman


"There's No Separating the Death Penalty and Race: The only way to get rid of racial bias in death penalty cases is to get rid of the death penalty." Robert J. Smith has this jurisprudence essay online at Slate.
Posted at 10:55 AM by Howard Bashman


"Ann Day, former Pima County supervisor, killed in head-on crash": Tim Steller and Hannah Gaber have this front page article in today's edition of The Arizona Daily Star.

And The Associated Press reports that "Sister of former Justice O'Connor killed in Arizona crash."
Posted at 10:22 AM by Howard Bashman



"Striking Out: The Merrick Garland nomination is going nowhere." Terry Eastland has this essay in the May 16, 2016 issue of The Weekly Standard.
Posted at 10:12 AM by Howard Bashman


"Supreme Court, wary of major new cases, to rule on cheerleaders' outfits and adult diapers": David G. Savage of The Los Angeles Times has this report.
Posted at 10:08 AM by Howard Bashman


Saturday, May 7, 2016

"If These Guys Don't Convince You Judge Garland Is 'Superbly Qualified,' No One Will; A bipartisan group of solicitors general lavished praise on President Obama's Supreme Court pick": Cristian Farias of The Huffington Post has this report.
Posted at 01:50 PM by Howard Bashman


"The Ninth Circuit has a knack for disregarding the Supreme Court." So begins a dissenting opinion that Ninth Circuit Judge Sandra S. Ikuta issued yesterday. Judge Ikuta's dissent continues (citations omitted):
Sometimes it simply ignores the Supreme Court. Other times it reads the decisions of the Supreme Court in such a peculiar manner that no "fair-minded jurist" could agree. Occasionally it even thinks it is the Supreme Court.
You can access the complete decision via this link.
Posted at 01:40 PM by Howard Bashman


"Roy Moore suspended from office: Alabama chief justice faces removal over gay marriage stance": Kyle Whitmire of AL.com has this report. Kent Faulk has articles headlined "Legal group representing Roy Moore calls ethics complaint 'outrageous'" and "Roy Moore timeline: Ten Commandments to gay marriage stance." And Leada Gore has an article headlined "Who is Ambrosia Starling? Roy Moore blames 'transvestite' for gay marriage controversy."

In today's edition of The Montgomery Advertiser, Brian Lyman has a front page article headlined "Roy Moore suspended, faces new judicial ethics charges."

In today's edition of The New York Times, Campbell Robertson has an article headlined "Roy Moore, Alabama Judge, Suspended Over Gay Marriage Stance."

The Associated Press reports that "Alabama chief justice faces ouster after gay marriage fight."

Reuters reports that "Alabama's top judge faces ethics charges over gay-marriage order."

And Jim Dalrymple II of BuzzFeed News reports that "Alabama Chief Justice Faces Removal From Bench Over Same-Sex Marriage Stance; Roy Moore told lower judges to ignore the U.S. Supreme Court ruling legalizing same-sex marriage; Officials have filed ethics charges against Moore."
Posted at 10:20 AM by Howard Bashman



"America's Trial Court Judges: Our Front Line for Justice." In today's edition of The New York Times, former U.S. District Judge Shira A. Scheindlin has an op-ed that begins, "The outcry over the Senate's failure to hold hearings on Judge Merrick Garland's nomination to the Supreme Court is fully justified. But that isn't the only judiciary scandal on Capitol Hill. Even as the spotlight shines on the high court, the Senate has refused to confirm dozens of uncontroversial nominees to fill vacancies in the federal trial courts."
Posted at 09:52 AM by Howard Bashman


Friday, May 6, 2016

"Jury: Anti-abortion activist's letter to doctor not a threat." The Associated Press has this report.
Posted at 03:35 PM by Howard Bashman


"Court: Slipknot bassist's child born after he died can sue." The Associated Press has a report that begins, "The Iowa Supreme Court has ruled that deceased Slipknot bassist Paul Gray's child may sue for loss of a parent's companionship, affirming the rights of children born after a parent's death."

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

You can access today's ruling of the Supreme Court of Iowa at this link.
Posted at 11:58 AM by Howard Bashman



"Resolved: Ted Cruz Was His Worst Self as a Presidential Candidate; In his surly, failed campaign, Cruz turned into a cartoon version of the blowhard I knew on the college debate circuit." Dahlia Lithwick has this essay online at Slate.
Posted at 11:42 AM by Howard Bashman


"Are US Courts Going Dark?" U.S. Magistrate Judge Stephen Wm. Smith (S.D. Tex.) has this post today at "Just Security."

Therein, Magistrate Judge Smith writes:

I am * * * better positioned to ponder a less publicized "going dark" threat to another branch of government, the branch most indispensable to the rule of law -- our court system. Over the last 40 years, secrecy in all aspects of the judicial process has risen to literally unprecedented levels. Let me describe what I have seen, and why it is troubling.
This appears to be his first post at the "Just Security" blog.
Posted at 11:35 AM by Howard Bashman


"Behind the Merrick Garland Blockade": Victoria Bassetti has this essay online at the Brennan Center for Justice.
Posted at 11:32 AM by Howard Bashman


"Donald Trump's Ever-Shifting Supreme Court Goalposts": Ian Millhiser has this post today at ThinkProgress.

And Michael McAuliff of The Huffington Post reports that "Trump Video Exposes Hypocrisy Of GOP Block On SCOTUS; The spot contrasts Republican insults of their nominee to praise for Supreme Court pick Merrick Garland."
Posted at 11:30 AM by Howard Bashman



"Breaking: NC Supreme Court Deadlocks 3-3 Over Whether Its Recused 7th Member Must Run in Competitive Election." Rick Hasen has this post today at his "Election Law Blog."
Posted at 11:15 AM by Howard Bashman


"Bribery Tangles With Politics at the Supreme Court": Law professor Noah Feldman has this essay online today at "Bloomberg View."
Posted at 11:12 AM by Howard Bashman


"Anti-Trans Discrimination Is Sex Discrimination: A decision written by Supreme Court Justice Antonin Scalia helps explain why North Carolina's H.B.2 bathroom bill is illegal." Law professor Garrett Epps has this essay online today at The Atlantic.

At Justia.com's "Verdict," law professor Joanna L. Grossman has an essay titled "A Room With a View: Federal Appeals Court Says School District Cannot Bar Transgender Boy from Using the Bathroom Aligned with His Gender Identity."

And at National Review's "Bench Memos" blog, Ed Whelan has a six-part series titled "Obama Administration's Outrageous War on North Carolina."
Posted at 11:10 AM by Howard Bashman



"Senate Republicans Are Breaking Records for Judicial Obstruction; As President Obama enters his final months in office, dozens of seats on the bench will remain unfilled": Patrick Caldwell of Mother Jones has this report today.

Mike DeBonis of The Washington Post reports that "Mitch McConnell's Senate is confirming very, very few presidential nominees."

And in today's edition of The El Paso Times, Marty Schladen has a front page article headlined "Cornyn, Cruz blasted over judicial appointments."
Posted at 11:04 AM by Howard Bashman



"Obama's Supreme Court Nominee Just Bragged About Sending This Man To Prison; Now He's Free; He was let out mere days after Merrick Garland's big moment": Emily L. Judd and Ryan J. Reilly of The Huffington Post have this report.
Posted at 10:55 AM by Howard Bashman


"Former Government Lawyers on Supreme Court Nominee Garland: 'Supremely Qualified.'" Jess Bravin has this post at WSJ.com's "Law Blog."

And at National Review's "Bench Memos" blog, Ed Whelan has a post titled "Stay the Course on Garland Nomination."
Posted at 10:50 AM by Howard Bashman



When doesn't the chief judge of a federal appellate court get listed first among those deciding an appeal? This decision that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday provides an answer.
Posted at 10:42 AM by Howard Bashman


Today the "How Appealing" blog celebrates its 14th birthday: Fourteen years ago today this blog came into existence. And, thanks to a dedicated and enthusiastic readership that quickly followed and remains to this day, this blog continues to exist and thrive.

On May 6, 2017, this blog will turn 15 years old. On that date, and for the remainder of this blog's 15th year in existence (from May 2017 through April 2018), one of this blog's most popular features -- "20 questions for the appellate judge" -- will return for a limited 12-month engagement.

What this means is that I will conduct and publish interviews with 12 additional federal and state appellate judges over that 12-month period. Of course, every judge who previously participated in this blog's "20 questions for the appellate judge' feature has volunteered to do so, and a judge's willingness to participate remains a necessary feature of my interview series going forward.

At the same time, to maximize the impact of these 12 interviews, I would like to interview those judges whom this blog's readers are most interested in. Thus, I am now opening my blog's email for nominations of those appellate judges whom this blog's readership would most like me to include as interviewees in the "20 questions for the appellate judge" series. (You can reach me at appellateblog@hotmail.com.) The judges I have yet to interview on my list of the dozen federal appellate judges I currently view as the most engaging and talented opinion writers will also receive close consideration for inclusion as interviewees.

Lastly, in this era of "crowdsourcing," I pledge to devote at least half of each interviewee's 20 questions to questions received from this blog's readership once an interviewee's participation has been announced. Thus, I am counting on this blog's readers to help me identify, obtain the participation of, and decide what questions to ask of the 12 federal or state appellate judges who will participate in this blog's "20 questions for the appellate judge" feature during this blog's 15th anniversary year beginning in May 2017.

My decision 14 years ago today to launch "How Appealing" remains one of the most satisfying and professionally rewarding decisions I have made in my nearly 25-year career as an appellate lawyer. Let me conclude for now by thanking the many friends and devoted readers I have gained as a result of simply typing words on a computer keyboard concerning a subject of mutual interest. This blog's readers are the best, and I thank each and every one of you for your continued interest and devotion.
Posted at 10:30 AM by Howard Bashman



Thursday, May 5, 2016

"Amish beard-cutting convictions upheld by federal appeals court": Eric Heisig of The Cleveland Plain Dealer has this report.

And Reuters reports that "Amish lose appeal of convictions in Ohio beard-cutting attacks."

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



"Lawyer in Judge Thomas Porteous impeachment case loses appeal": Drew Broach of The Times-Picayune of New Orleans has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 11:18 PM by Howard Bashman


"Retired Justice John Paul Stevens Tells Senate To Get Moving On That Supreme Court Nominee; 'I'm not aware of any confirmation process that's been delayed to the extent that this one is'": Cristian Farias of The Huffington Post has this report.
Posted at 07:52 PM by Howard Bashman


"The Supreme Court Gets Ready to Legalize Corruption": Jeffrey Toobin has this essay online at The New Yorker.
Posted at 07:48 PM by Howard Bashman


"Constitution Check: How goes the kids' constitutional crusade against climate change?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 02:48 PM by Howard Bashman


"U.S. Chief Justice John Roberts stops in Rogers; Roberts touts rules to speed civil trials at legal conference": Doug Thompson of The Arkansas Democrat-Gazette has this report.
Posted at 02:38 PM by Howard Bashman


"Justice Stevens on Thomas Jefferson, Guns, and Justice Scalia; Retired Justice Still Has Critical Words for Landmark 2008 Ruling on Guns": Jess Bravin has this post today at WSJ.com's "Law Blog."
Posted at 02:35 PM by Howard Bashman


"Ted Cruz Is Fine With Holding SCOTUS Seat Open For Clinton Or Trump To Fill; But some conservatives think Obama's nominee is their best option now": Jennifer Bendery of The Huffington Post has this report.

At "The Fix" blog of The Washington Post, Callum Borchers has an entry titled "Raising the white flag: Conservative blog urges GOP to cut its losses and confirm Merrick Garland."

Online today at Bloomberg View, law professor Noah Feldman has an essay titled "The Constitution Won't Stop President Trump."

At The Federalist today, Ilya Shapiro has a post titled "How John Roberts Begat Donald Trump: If I have to point to a moment that spawned the current annus horribilis, it would have to be John Roberts's vindication of Obamacare on June 28, 2012."

And today at "ACSBlog," U.S. Senator Patrick Leahy (D-VT) has a post titled "Republicans' Refusal To Do Their Jobs Means Our Courts Cannot Do Theirs -- And Americans Suffer."
Posted at 02:33 PM by Howard Bashman



"Cheerleaders' Uniforms as Art? Let's Ask the Supreme Court": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 02:25 PM by Howard Bashman


"Prison Beard OK; RLUIPA Scope Murky After Cert. Denial": Patrick Gregory of Bloomberg BNA has this report.
Posted at 02:24 PM by Howard Bashman


Wednesday, May 4, 2016

"Judges Are Thinking More About Excessive Force": Law professor Noah Feldman has this essay online today at Bloomberg View.

My earlier coverage of yesterday's Fifth Circuit ruling can be accessed here.
Posted at 11:28 PM by Howard Bashman



"Following Trump's win, Senate leader reaffirms Garland opposition": Reuters has this report.

And today at "The Volokh Conspiracy," Randy Barnett has a post titled "How John Roberts gave us Donald Trump."
Posted at 10:38 PM by Howard Bashman



"Roberts refuses to be drawn into controversy about filling Supreme Court vacancy": Robert Barnes of The Washington Post has this report.
Posted at 05:32 PM by Howard Bashman


"Congressional Report Finds Pragmatic Record for Supreme Court Nominee Garland": Jess Bravin has this post today at WSJ.com's "Washington Wire" blog.
Posted at 05:08 PM by Howard Bashman


"Supreme Court Gives Prisoner Rare Second Chance To Fight Alabama's Death Sentencing Scheme; The state's judicial override regime may soon be on the chopping block": Kim Bellware of The Huffington Post has this report.

Chris Geidner of BuzzFeed News reports that "Supreme Court Calls For Alabama Courts To Review State's Death Sentencing Process; In the wake of January's Supreme Court decision striking down Florida's death sentencing law, the high court orders Alabama courts to review the effect of that ruling on Alabama's similar law."

And in local coverage, Kent Faulk of The Birmingham News reports that "U.S. Supreme Court vacates judgment in case of man who killed Pelham police officer."
Posted at 11:55 AM by Howard Bashman



"Constitution Check: Is an old anti-New Deal precedent getting new life -- again?" Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:48 AM by Howard Bashman


"Justices need to show us their papers: Supreme Court justices get to decide what happens to their files; That's bad for us and history." Tony Mauro has this essay online today at USA Today.
Posted at 11:46 AM by Howard Bashman


"Paul Robert Cohen and 'his' Famous Free-Speech Case": David L. Hudson Jr. has this post online today at the Newseum Institute.
Posted at 11:40 AM by Howard Bashman


"Are Long Death Penalty Delays Unconstitutional?" Law professor Michael C. Dorf has this essay online today at Justia's Verdict.
Posted at 10:55 AM by Howard Bashman


"Chief justice of Canada reflects on 35 years as a judge": William & Mary has posted online a law student's article that begins, "William & Mary Law School recently hosted Chief Justice of the Supreme Court of Canada Beverley McLachlin for the annual Williamson Fellow lecture."
Posted at 10:52 AM by Howard Bashman


In two days, this blog will celebrate its 14th(!) birthday: Stay tuned for an announcement on Friday regarding a popular feature that will be returning to "How Appealing" for twelve monthly installments during this blog's 15th year in existence, one year and two days from now.

For those wondering what does one get a blog for its 14th birthday, you can deliver an early blog birthday present by following this blog on Twitter if you don't already do so.

As always, this blog's archives, stretching back nearly 14 years now, can be freely accessed in full via this link.
Posted at 10:42 AM by Howard Bashman



"How the Garland Confirmation Hearing Might Go--And What That Means": Michael Dorf has this blog post today at "Dorf on Law."
Posted at 10:34 AM by Howard Bashman


"Exonerated, Dead and Still on Trial: In a notorious Louisiana case, a judge gets in a last kick." Andrew Cohen has this article online at The Marshall Project.
Posted at 10:30 AM by Howard Bashman


"Wayne Pratt received the death penalty at the hands of three police officers for the misdemeanor crime of failing to stop and give information." So begins a dissenting opinion that Fifth Circuit Judge Catharina Haynes issued yesterday, in a decision in which each of the three judges on the panel wrote separately.
Posted at 10:28 AM by Howard Bashman


Tuesday, May 3, 2016

"Texas prison ban on Muslim inmate beards, caps ruled illegal": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.

Update: And at his "Appellate Briefs" blog, Benjamin Gould has a post titled "Prison's ban on beards and caps violated Muslim prisoner's rights, rules Fifth Circuit."
Posted at 11:55 PM by Howard Bashman



"Gloucester files petition for appeals court review in transgender case": Frances Hubbard of The Daily Press of Newport News, Virginia has an article that begins, "he Gloucester County School Board filed a petition Tuesday for a full 4th Circuit Court of Appeals review of the ruling issued last month in the lawsuit filed by a 16-year-old transgender student."

And The Associated Press reports that "Va. school board appeals transgender restroom ruling."
Posted at 11:50 PM by Howard Bashman



"Judge Merrick Garland: His Jurisprudence and Potential Impact on the Supreme Court." The Congressional Research Service has issued this report.

And Josh Gerstein of Politico.com has a blog post titled "Lawsuit challenges Senate inaction on Garland."
Posted at 10:14 PM by Howard Bashman



"Vacancies on bench cause concern": Patricia Manson of the Chicago Law Bulletin has an article that begins, "John Paul Stevens doesn't expect to see the highest court in the land up to full strength any time soon. In Chicago on Monday night, the retired U.S. Supreme Court justice predicted the vacancy created by Antonin G. Scalia's death will not be filled until after President Barack Obama leaves the White House."
Posted at 10:09 PM by Howard Bashman


"Scalia's Comcast legacy is at stake in Google Adwords case": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 10:05 PM by Howard Bashman


"Senate OKs expanding AZ Supreme Court by two": Howard Fischer of The Arizona Daily Star has this report.

And columnist Tim Steller has an essay titled "Governor could 'pack' Supreme Court under bill."
Posted at 01:40 PM by Howard Bashman



"Delaying Execution Isn't Cruel and Unusual": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:28 PM by Howard Bashman


"Former US solicitor general added to Brady's legal team": Ben Volin of The Boston Globe recently had an article that begins, "Tom Brady added a heavy hitter to his legal team Friday, the surest sign yet that the Patriots' star quarterback will exhaust every legal avenue before accepting his four-game suspension. Brady and the NFL Players Association added Theodore Olson, who successfully represented George W. Bush in Bush v. Gore in 2000, then served as US Solicitor General from 2001-04."
Posted at 01:10 PM by Howard Bashman


Monday, May 2, 2016

"Va. Supreme Court rules same-sex couples equal in divorce law": Graham Moomaw of The Richmond Times-Dispatch has this report.

Tom Jackman of The Washington Post reports that "Va. Supreme Court recognizes unmarried same-sex couples are legal too."

And Bradford Richardson of The Washington Times reports that "Va. man gets out of paying spousal support after ex-wife enters into a lesbian relationship."

You can access today's ruling of the Supreme Court of Virginia at this link.
Posted at 09:50 PM by Howard Bashman



"A Kickback Is a Conspiracy to Extort Yourself. Wait, What?" Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:30 PM by Howard Bashman


"On Judging Judges": Mark Herrmann has this post today at "Above the Law."
Posted at 09:26 PM by Howard Bashman


"Supreme Court rejects appeal by O.C. murderer who claimed 'inhumane stress' caused by death row wait": David G. Savage of The Los Angeles Times has this report.

In Tuesday's edition of The New York Times, Adam Liptak will have an article headlined "In California Case, Justice Breyer Assails Capital Punishment."

Michael Doyle of McClatchyDC reports that "Supreme Court justice blasts California's death penalty as flawed."

And Cristian Farias of The Huffington Post reports that "Justice Breyer Insists Death Penalty Is Cruel, Even When Supreme Court Won't; The latest case comes from California, where 743 people wait on death row."
Posted at 09:20 PM by Howard Bashman



"Did the Supreme Court Make the Right Decision in the Citizens United Case After All?" Michael Kinsley has this article in the May 2016 issue of Vanity Fair.
Posted at 09:00 PM by Howard Bashman


"Congress Shouldn't Let Justices Make the Rules": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 08:52 PM by Howard Bashman


"Useful or creative: A look at design protection." Lyle Denniston has this post at "SCOTUSblog."
Posted at 08:47 PM by Howard Bashman


"Supreme Court, without Scalia, leaning liberal for second year": Richard Wolf of USA Today has this report.
Posted at 08:15 PM by Howard Bashman


"Supreme Court Turns Away Challenge to Seattle Minimum Wage Law; Lawsuit argued the minimum wage law was applied unevenly": Brent Kendall and Eric Morath of The Wall Street Journal have this report.

And Cristian Farias of The Huffington Post reports that "Supreme Court Delivers A Victory For Supporters Of Seattle's Minimum Wage Law; The justices won't hear a constitutional challenge brought by franchise owners."
Posted at 06:00 PM by Howard Bashman



"U.S. top court upholds cop's conviction in auto repair scheme": Lawrence Hurley of Reuters has this report.
Posted at 05:54 PM by Howard Bashman


"NYU prof is 0-for-3 at SCOTUS this term -- which is just what clients want": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 05:38 PM by Howard Bashman


"Supreme Court Could Weigh In on Redskins Trademark Case": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 05:34 PM by Howard Bashman


In today's mail: I received a copy of law professor John D. Inazu's new book, "Confident Pluralism: Surviving and Thriving Through Deep Difference."
Posted at 02:50 PM by Howard Bashman


"Justices uphold extortion conspiracy conviction": The Associated Press has this report.
Posted at 01:48 PM by Howard Bashman


"Poll: Supreme Court blockade eroding support for Grassley." Seung Min Kim of Politico.com has this report.
Posted at 12:03 PM by Howard Bashman


"Departing Judge Offers Blunt Defense of Ruling That Ended Stop-and-Frisk": Benjamin Weiser has this article in today's edition of The New York Times.
Posted at 12:02 PM by Howard Bashman


"The Showman: How U.S. Attorney Preet Bharara struck fear into Wall Street and Albany." Jeffrey Toobin has this profile in the May 9, 2016 issue of The New Yorker.
Posted at 10:20 AM by Howard Bashman


Access online today's ruling of the U.S. Supreme Court in an argued case: Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Ocasio v. United States. No. 14-361. Justice Stephen G. Breyer issued a concurring opinion. Justice Clarence Thomas issued a dissenting opinion. And Justice Sonia Sotomayor issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. joined. You can access the oral argument via this link.
Posted at 10:05 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 Boyer v. Davis, No. 15-8119, Justice Stephen G. Breyer issued a dissent from the denial of certiorari.

In early news coverage, The Associated Press reports that "Justices to hear copyright fight over cheerleaders' uniforms"; "High court to hear patent fight over adult diapers"; "Justices reject franchises' appeal over $15 Seattle wage"; "High court rejects appeal over long hair in Alabama prisons"; and "Supreme Court won't review appeal from POM juices."

Greg Stohr of Bloomberg News reports that "Cheerleading Uniform Copyright Clash Gets U.S. High Court Review" and "Adult-Diaper Dispute Gets U.S. Supreme Court Review in Patent Test."

And Reuters reports that "Supreme Court rejects challenge to Seattle minimum wage law"; "U.S. top court rejects POM Wonderful appeal over advertising"; and "Supreme Court rejects appeal in shareholder suit against BP."
Posted at 09:32 AM by Howard Bashman



Sunday, May 1, 2016

"Patent defendants won't receive a 'Get out of East Texas free' card; Appeals court rules: If you ship there, you can be sued for infringement there": Joe Mullin of Ars Technica has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued on Friday.
Posted at 11:36 PM by Howard Bashman


"Stricter Rules for Voter IDs Reshape Races": Michael Wines and Manny Fernandez will have this front page article in Monday's edition of The New York Times.
Posted at 11:22 PM by Howard Bashman


"Scalia's death affecting next term, too? Pace of accepted cases at Supreme Court slows." Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 11:16 PM by Howard Bashman


"U.S. court rules Amtrak has too much power over freight carriers": Lawrence Hurley of Reuters has this report.

Sam Hananel of The Associated Press has an article headlined "Appeals court: Amtrak can't have regulatory role."

Ashley Halsey III of The Washington Post has an article headlined "Getting there on time: Who goes first, Amtrak or a freight train? A court rules."

At "SCOTUSblog," Lyle Denniston has a post titled "Round 2 for Amtrak: A major defeat in appeals court."

And at "The Volokh Conspiracy," Sasha Volokh has a post titled "D.C. Circuit rules against Amtrak -- again!"

You can access Friday's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 11:14 PM by Howard Bashman



"The Seventh Circuit has a new website design": So announces the home page of the web site of the U.S. Court of Appeals for the Seventh Circuit. The link to access opinions remains familiar thus far notwithstanding the redesign.
Posted at 10:44 PM by Howard Bashman


"Gannett Must Face Video Privacy Lawsuit": Wendy Davis of MediaPost has an article that begins, "Gannett may have violated a video privacy law by allegedly sending Adobe information about people who downloaded USA Today's app, a federal appellate court has ruled."

You can access Friday's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 10:42 PM by Howard Bashman



"Sexual Assault Ruling in Oklahoma Spurs Calls to Change State Laws": Daniel Victor of The New York Times has this report.

My earlier coverage of this ruling can be accessed here.
Posted at 10:40 AM by Howard Bashman



"This Is Not Corruption: Why the appearance of quid pro quo may not be enough to uphold the conviction of Virginia's former governor." Yesterday, Slate posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick with guest Nancy Gertner.
Posted at 10:36 AM by Howard Bashman


"Deflategate To The Supreme Court? Nina Totenberg Weighs In." WBUR-FM of Boston posted this audio segment online yesterday.
Posted at 10:32 AM by Howard Bashman


"Supreme Court trying to find its way after Scalia": Mark Sherman and Sam Hananel of The Associated Press have this report.
Posted at 10:26 AM by Howard Bashman


"Rescue the Supreme Court From Limbo": This editorial appears in today's edition of The New York Times.
Posted at 10:22 AM by Howard Bashman






Related Blogs