How Appealing

Thursday, June 30, 2016

Machineguns do not receive Second Amendment protection, Fifth Circuit rules: You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 10:23 PM by Howard Bashman


"Frogs 1, landowners 0: Courts rule St. Tammany land vital to endangered species." Faimon A. Roberts III of The New Orleans Advocate has this report.

And The Associated Press reports that "Appeals court upholds critical La. habitat for endangered frog."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 10:14 PM by Howard Bashman



"'Glaring' conflict doomed $7.25 billion Visa/MasterCard settlement": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.

My earlier coverage of today's Second Circuit ruling can be accessed here.
Posted at 05:55 PM by Howard Bashman



"As Obama term winds down, Solicitor General Don Verrilli makes his exit": Alexandra Gutierrez has this post today at "SCOTUSblog," in which an undisclosed person (or persons) from the blog interviews the former Solicitor General of the United States.
Posted at 05:06 PM by Howard Bashman


"Texas abortion dropped 15 percent after now overturned law": The Associated Press has this report.
Posted at 05:00 PM by Howard Bashman


"New trial granted for Adnan Syed of 'Serial'": Justin Fenton of The Baltimore Sun has this report.

You can view the order granting a new trial at this link.
Posted at 04:53 PM by Howard Bashman



"Charles Adelson's attorney denies Markel involvement": Karl Etters of The Tallahassee Democrat has an article that begins, "The attorney for Dan Markel's former brother-in-law Charles Adelson said he was not involved in the FSU law professor's broad daylight slaying."
Posted at 03:32 PM by Howard Bashman


"New laws on abortion set to take effect around the country": The Associated Press has a report that begins, "New laws targeting abortion are set to take effect Friday in about one-fifth of the states, initiating another wave of restrictions just days after the U.S. Supreme Court struck down a Texas measure that led several clinics to close."
Posted at 01:30 PM by Howard Bashman


"Supreme Court Notebook: Thomas' dissents rise in nixed cases." Mark Sherman of The Associated Press has this report.
Posted at 01:26 PM by Howard Bashman


"Judge grants preliminary injunction on Indiana abortion law": Stephanie Wang of The Indianapolis Star has this report.

And The Associated Press reports that "Federal judge blocks Indiana abortion law."
Posted at 01:23 PM by Howard Bashman



"Iowa Supreme Court upholds ban on felons voting in Iowa": Jason Noble of The Des Moines Register has this report.

And The Associated Press reports that "Iowa Supreme Court upholds ban on voting rights for felons."

You can access today's 4-to-3 ruling of the Supreme Court of Iowa at this link.
Posted at 01:12 PM by Howard Bashman



"Visa, MasterCard antitrust settlement with merchants is voided": Jonathan Stempel of Reuters has this report.

Austen Hufford of The Wall Street Journal reports that "Visa, MasterCard Class-Action Settlement Rejected by U.S. Court; Court of Appeals rules that class plaintiffs weren't adequately represented." You can freely access the full text of the article via Google.

And The Associated Press reports that "Appeals court nixes $7.25B credit card swipe fee settlement."

You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:50 AM by Howard Bashman



"Adultery Is None of the Military's Business": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 11:44 AM by Howard Bashman


"Top appeals court to take up landmark child migrant case": David Rogers of Politico.com has this report. To answer everyone's question, in this instance "top appeals court" refers to the U.S. Court of Appeals for the Ninth Circuit.
Posted at 11:42 AM by Howard Bashman


"Justice Kennedy Turns Into a Liberal": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 10:38 AM by Howard Bashman


"Rivera arrives in Leon County": Sean Rossman of The Tallahassee Democrat has an article that begins, "The two men suspected of killing Florida State law professor Dan Markel in a murder-for-hire scheme are now behind bars in Tallahassee."
Posted at 10:35 AM by Howard Bashman


Wednesday, June 29, 2016

"Appeals Court Asks If Sound Recording Rights Can Be Divested Like Magic Tricks; It's the 11th Circuit's turn to wade into the legal fight over the performance of pre-1972 songs": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 11:32 PM by Howard Bashman


"Federal appeals court upholds judge's lowest possible sentence in child-porn case": Eric Heisig of The Cleveland Plain Dealer has this report on a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 11:14 PM by Howard Bashman


"Court upholds lawyer couple's conviction in extortion scheme": The Associated Press has a report that begins, "The 5th U.S. Circuit Court of Appeals has rejected appeals from former San Antonio husband and wife lawyers convicted nearly a decade ago in an extortion scheme after the wife placed online ads for sex to get back at her cheating husband."

You can access today's non-precedential per curiam opinion of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 11:04 PM by Howard Bashman



"What Is on Justice Anthony Kennedy's Mind? The impenetrable Supreme Court justice's leftward shift and his latest blockbuster of a term." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 08:22 PM by Howard Bashman


"For conservatives, high court's term was a letdown": Robert Barnes has this front page article in today's edition of The Washington Post.
Posted at 06:15 PM by Howard Bashman


"The Supreme Court is moving left. Here's why." William Yeomans has this essay online at Reuters.
Posted at 04:35 PM by Howard Bashman


"The Mau-Mauing of Justice Kennedy": Mark Pulliam had this post yesterday at the "Library of Law and Liberty" blog.
Posted at 12:24 PM by Howard Bashman


"How the two justices from California are moving the Supreme Court to the left": David G. Savage has this front page article in today's edition of The Los Angeles Times.
Posted at 12:15 PM by Howard Bashman


"The Procedural Issues in the Texas Abortion Case": Law professor Michael C. Dorf has this essay today at Justia.com's Verdict.
Posted at 10:30 AM by Howard Bashman


"All the Greedy Young Abigail Fishers and Me": Jia Tolentino had this post yesterday at "Jezebel."
Posted at 10:26 AM by Howard Bashman


That rare civil case in which a federal appeals court appoints counsel to argue for both opposing parties: The U.S. Court of Appeals for the Seventh Circuit issued this decision yesterday.
Posted at 10:22 AM by Howard Bashman


"Without Scalia, Roles Change for Supreme Court Justices; Alito raises profile as voice for conservatives; Sotomayor becomes liberal counterweight": Brent Kendall of The Wall Street Journal has this report.
Posted at 09:50 AM by Howard Bashman


"Second Markel suspect in Leon County": Karl Etters of The Tallahassee Democrat has this report.
Posted at 08:30 AM by Howard Bashman


Tuesday, June 28, 2016

"Justices' Orders Underscore Ruling Against Abortion Limits": Adam Liptak will have this article in Wednesday's edition of The New York Times.
Posted at 11:40 PM by Howard Bashman


"Supreme Court Concludes Session With Decision On Texas Abortion Law": This audio segment featuring Nina Totenberg and Tom Goldstein appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:45 PM by Howard Bashman


"When Opposites Converge Over Domestic Violence": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 10:25 PM by Howard Bashman


"Post-Scalia Court Has Liberals Winning, Conservatives Venting": Greg Stohr of Bloomberg News has this report.
Posted at 10:22 PM by Howard Bashman


"Supreme Court's Term Disappoints Conservatives and Businesses; Antonin Scalia's death helped lead to narrow decisions and several notable liberal victories": Jess Bravin of The Wall Street Journal has this report.
Posted at 10:20 PM by Howard Bashman


"Schriever Air Force Base colonel wants adultery case tossed, claims law discriminates against heterosexuals": The Colorado Springs Gazette has this report.
Posted at 10:16 PM by Howard Bashman


"Kansas Supreme Court signs off on new school funding equity law; Justices will soon turn toward determining funding adequacy": Jonathan Shorman of The Topeka Capital-Journal has this report.

The Associated Press reports that "Kansas Supreme Court accepts latest school funding changes."

And Reuters reports that "Kansas court says funding plan averts need to close public schools."

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



"On the great Lyle Denniston's departure from SCOTUSblog": Tom Goldstein has this post at "SCOTUSblog."
Posted at 09:58 PM by Howard Bashman


"Supreme Court to Hear Case on ATM Fees; Visa, MasterCard and several banks are challenging lawsuits alleging they conspired to set anticompetitive ATM fees": Brent Kendall of The Wall Street Journal has this report.
Posted at 02:53 PM by Howard Bashman


"The Right-Wing Supreme Court That Wasn't": Adam Liptak will have this article in Wednesday's edition of The New York Times.

And Ariane de Vogue and Tal Kopan of CNN.com have an article headlined "Kennedy's swings, Scalia's death define volatile Supreme Court term."
Posted at 02:48 PM by Howard Bashman



"Opinion Transforms Texas' Abortion Landscape": Manny Fernandez and Abby Goodnough have this article in today's edition of The New York Times.

And The New York Times Magazine has posted online a "Notebook" discussion titled "Why the Supreme Court's Texas Abortion Decision Is So Momentous" among Emily Bazelon and law professors Eric Posner and William Baude.
Posted at 02:00 PM by Howard Bashman



"The Ideal Allies: Abortion was saved with a dry, wonky, emotionless opinion from a man; Which is kind of perfect." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 01:54 PM by Howard Bashman


"Sallie Updyke Mundy appointed to Pennsylvania Supreme Court; The Superior Court judge fills vacancy left by Justice Eakin": Anthony Mendicino of The Pittsburgh Post-Gazette has this report.

And in today's edition of The Philadelphia Inquirer, Tommy Rowan has an article headlined "Porngate justice's replacement approved."
Posted at 01:44 PM by Howard Bashman



"How Supreme Court's Texas decision may affect Pa.'s abortion law": Marie McCullough has this front page article in today's edition of The Philadelphia Inquirer.
Posted at 01:36 PM by Howard Bashman


"How goes the legislative attack on abortion rights?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:30 PM by Howard Bashman


"Liberal Rulings End 'Strange and Ill-Fated' Term": Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 01:23 PM by Howard Bashman


"Anthony Kennedy restores a liberal Supreme Court": Columnist Dana Milbank has this essay in today's edition of The Washington Post.

Also in today's edition of The Washington Post, law professor David Cole has an op-ed titled "Justice Kennedy's surprisingly open mind."
Posted at 01:20 PM by Howard Bashman



"Supreme Court Complicates Corruption Cases From New York to Illinois": Eric Lipton and Benjamin Weiser have this article in today's edition of The New York Times.

And in today's edition of The Philadelphia Inquirer, Jeremy Roebuck has a front page article headlined "Could Monday's Supreme Court decision on ex-Virginia governor help Fattah?"
Posted at 01:14 PM by Howard Bashman



"Washington must fix culverts that block salmon from habitat, court rules": Lynda V. Mapes of The Seattle Times has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 12:58 PM by Howard Bashman


"Supreme Court ruling imperils abortion laws in many states": David Crary of The Associated Press has this report.
Posted at 12:54 PM by Howard Bashman


"Symposium: The constitutional law of abortion after Whole Woman's Health -- What comes next?" Law professor Kevin C. Walsh has this post today at "SCOTUSblog."
Posted at 12:42 PM by Howard Bashman


"Court to hear major new controversies -- next Term": Lyle Denniston has this post at "SCOTUSblog."
Posted at 12:37 PM by Howard Bashman


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

In Stormans, Inc. v. Wiesman, No. 15-862, Justice Samuel A. Alito, Jr. issued a dissent, in which Chief Justice John G. Roberts, Jr. and Justice Clarence Thomas joined, from the denial of certiorari.

And in Delaware Strong Families v. Denn, No. 15-1234, Justice Thomas issued a dissent from the denial of certiorari, and Justice Alito notes that he voted to grant certiorari.

In early news coverage, The Associated Press reports that "Justices reject request to rehear union case that tied 4-4"; "High court will hear appeal over high ATM fees"; "Supreme Court will review unusual citizenship law"; "Justices to hear dispute over deaf driver education in Texas"; "High court will hear dispute over service dog at school"; "High court to hear Miami loan discrimination case"; "Supreme Court rejects pharmacists' religious rights appeal"; and "Justices reject challenge to Delaware campaign finance law."
Posted at 09:34 AM by Howard Bashman



Monday, June 27, 2016

"Quick Note: 5-4 Decisions and Equally Divided Votes Since 1946." Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 11:54 PM by Howard Bashman


In case you missed it, the Sixth Circuit's redesigned web site made its debut today: You can access it at this link. And the opinions page will challenge your knowledge of judges' initials.
Posted at 11:03 PM by Howard Bashman


"Appeals Court Revives Lawsuit Claiming Viacom Violates Kids' Privacy on Nick.com; The 3rd Circuit lets Viacom off the hook on most claims, but not one that alleges the company failed to live up to a promise not to collect personal information": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter. My earlier coverage of today's Third Circuit ruling can be accessed here.
Posted at 10:58 PM by Howard Bashman


"Abortion providers aim to reopen some closed Texas clinics": Reuters has this report.
Posted at 09:36 PM by Howard Bashman


"This Lawyer's First Supreme Court Case Just Decided The Fate Of Abortion Rights; Relatively inexperienced women have now won the three most important abortion rights cases in American history": Laura Bassett of The Huffington Post has this report.
Posted at 09:27 PM by Howard Bashman


"McDonnell ruling a big blow to corruption law; The Supreme Court's decision shocks good-government activists, who say it revives 'pay for play'": Josh Gerstein of Politico.com has this report.
Posted at 09:20 PM by Howard Bashman


"Abortion Ruling Could Create Waves of Legal Challenges": Erik Eckholm of The New York Times has this report.

Ford Fessenden of The New York Times has an interactive report headlined "How the Supreme Court's Decision Will Affect Access to Abortion."

And online at The New York Times, Linda Greenhouse has an essay titled "The Facts Win Out on Abortion."
Posted at 08:20 PM by Howard Bashman



"For Obama, setbacks from a divided Supreme Court": Lawrence Hurley of Reuters has this report.
Posted at 08:07 PM by Howard Bashman


"A 'view' from the Courtroom: A final bite at the apple." Mark Walsh has this post at "SCOTUSblog."
Posted at 08:04 PM by Howard Bashman


"The Supreme Court's Just Application of the Undue-Burden Standard for Abortion": Margaret Talbot has this post online at The New Yorker.
Posted at 07:58 PM by Howard Bashman


"The Supreme Court's Bribery-Blessing McDonnell Decision": Amy Davidson has this post online at The New Yorker.
Posted at 07:52 PM by Howard Bashman


"The Rules for Abortion Are Still Rules -- Not Loopholes: Texas's H.B.2 statute imposed regulations that yielded no health benefit but made abortion a lot harder to get; The Supreme Court wasn't fooled": Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 07:48 PM by Howard Bashman


"Diversity Is Not Equity: The Supreme Court's Fisher decision is a victory for affirmative action; But has the war on resegregation already been lost?" Jeff Chang has this jurisprudence essay online today at Slate.
Posted at 07:44 PM by Howard Bashman


"Influence Peddling Gets First Amendment Protection": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 07:35 PM by Howard Bashman


"The Senate Republicans' Assault on the Supreme Court": Law professor Geoffrey R. Stone has this essay online at Time magazine.
Posted at 03:30 PM by Howard Bashman


"Opinion analysis: Abortion rights reemerge strongly." Lyle Denniston has this post at "SCOTUSblog," together with a post titled "Opinion analysis: New barrier to public corruption cases."
Posted at 03:28 PM by Howard Bashman


"A Cost-Benefit Test Defeats Texas Abortion Restrictions": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 02:48 PM by Howard Bashman


"Supreme Court: Domestic abusers can be banned from owning firearms." Ann E. Marimow of The Washington Post has this report.
Posted at 02:46 PM by Howard Bashman


"Google beats children's web privacy appeal, Viacom must face one claim": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 12:52 PM by Howard Bashman


"Supreme Court strikes down Texas abortion regulations": Chuck Lindell of The Austin American-Statesman has this report.
Posted at 12:45 PM by Howard Bashman


"If You Can't Beat 'Em Block 'Em: A Preface to a New Post-Scalia Court Strategy?" Adam Feldman has this post today at his "Emperical SCOTUS" blog.
Posted at 12:14 PM by Howard Bashman


"Supreme Court rules domestic abusers can lose gun ownership rights": Richard Wolf of USA Today has this report.
Posted at 11:52 AM by Howard Bashman


"Supreme Court rules unanimously in favor of former Va. governor McDonnell in corruption case": Robert Barnes of The Washington Post has this report.

Adam Liptak of The New York Times reports that "Supreme Court Vacates Ex-Virginia Governor's Graft Conviction."

David G. Savage of The Los Angeles Times reports that "Supreme Court overturns Robert McDonnell's bribery conviction."

Richard Wolf of USA Today reports that "Justices overturn former Va. governor McDonnell's corruption conviction."

Brent Kendall of The Wall Street Journal reports that "Supreme Court Throws Out Corruption Conviction of Ex-Virginia Gov. Bob McDonnell; High court rules former governor may have been convicted of conduct that isn't illegal."

The Richmond Times-Dispatch reports that "U.S. Supreme Court vacates Bob McDonnell's convictions."

Sam Hananel of The Associated Press reports that "High court overturns former governor's bribery conviction."

Lawrence Hurley of Reuters reports that "Supreme Court throws out Virginia ex-governor McDonnell's corruption conviction."

And Greg Stohr of Bloomberg News reports that "Ex-Governor McDonnell Wins at U.S. Supreme Court on Corruption Conviction."
Posted at 11:16 AM by Howard Bashman



"Supreme Court Strikes Down Texas Abortion Restrictions": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Supreme Court strikes down Texas abortion clinic restrictions."

David G. Savage of The Los Angeles Times reports that "Supreme Court overturns Texas abortion restrictions."

Richard Wolf of USA Today reports that "Supreme Court strikes down abortion restrictions."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Voids Texas Abortion Regulations; Justices find that state created unacceptable obstacles to abortion access."

Mark Sherman of The Associated Press reports that "Supreme Court strikes down Texas abortion clinic regulations."

Lawrence Hurley of Reuters reports that "Supreme Court strikes down restrictive Texas abortion law."

And Greg Stohr of Bloomberg News reports that "Texas Abortion Limits Struck Down by U.S. Supreme Court."
Posted at 10:36 AM by Howard Bashman



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

1. Justice Elena Kagan delivered the opinion of the Court in Voisine v. United States, No. 14-10154. Justice Clarence Thomas issued a dissenting opinion, in which Justice Sonia Sotomayor joined in part. You can access the oral argument via this link.

2. Justice Stephen G. Breyer delivered the opinion of the Court in Whole Woman's Health v. Hellerstedt, No. 15-274. Justice Ruth Bader Ginsburg issued a concurring opinion. Justice Thomas issued a dissenting opinion. And Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. and Justice Thomas joined. You can access the oral argument via this link.

3. And Chief Justice Roberts delivered the opinion for a unanimous Court in McDonnell v. United States, No. 15-474. You can access the oral argument via this link.
Posted at 10:03 AM by Howard Bashman



Access today's Order List of the U.S. Supreme Court: At this link. The Court today granted review in two new cases and noted probable jurisdiction in one case.

In early news coverage, The Associated Press reports that "Justices to review ruling on NC congressional districts"; "High court rejects appeal over wages for home care workers"; and "Justices reject appeal over medical marijuana in Montana."
Posted at 09:32 AM by Howard Bashman



"When the Eight-Member Supreme Court Avoids Deadlocks, It Leans Left": Alicia Parlapiano of The New York Times has this interactive report.
Posted at 08:32 AM by Howard Bashman


"Texas abortion access case highlights Supreme Court's final day": Ariane de Vogue and Dan Berman of CNN.com have this report.

And Pete Williams of NBC News reports that "Supreme Court Expected to Rule on Strict Texas Abortion Law."
Posted at 08:30 AM by Howard Bashman



"U.S. Supreme Court decision expected today in Bob McDonnell corruption case": Frank Green of The Richmond Times-Dispatch has this report.
Posted at 08:27 AM by Howard Bashman


Sunday, June 26, 2016

"There's A Standoff Between States And The Feds Over Illegal Execution Drugs; It's been nearly a year since the federal government seized thousands of vials of lethal injection drugs on their way to death penalty states; The states want their drugs, and neither side is showing signs of backing down": Chris McDaniel of BuzzFeed News has this report.
Posted at 11:27 PM by Howard Bashman


"Lyle Denniston Leaving SCOTUSBlog": Doug Mataconis has this post today at "Outside the Beltway."

And my coverage from yesterday appears at this link.
Posted at 11:11 PM by Howard Bashman



"How race-based affirmative action could return to UC": Law professor Vikram Amar has this essay online at The Los Angeles Times.
Posted at 10:58 PM by Howard Bashman


Access the newest posts at Slate's "Supreme Court Breakfast Table": Dahlia Lithwick has a post titled "Does authoritarianism count as executive overreach?"

Dawn Johnsen has a post titled "The only good ruling would strike down Texas' terrible laws."

And Walter Dellinger has a post titled "Yes, this ruling matters."
Posted at 10:50 PM by Howard Bashman



"On Eve of SCOTUS Abortion Decision, Texas Accused of Suppressing Key Data": Irin Carmon of NBC News has this report.
Posted at 08:30 PM by Howard Bashman


"On Its Last Day, Ideologically Split Court Is Set to Issue Three Rulings; Post-Scalia standoff is likely to affect outcome of Texas abortion clinic case": Jess Bravin of The Wall Street Journal has this report.

And Louise Radnofsky of The Wall Street Journal reports that "Outside Supreme Court, Activists Make Their Cases; Demonstrators compete for real estate, best camera angles in tightly regulated area." You can freely access the full text of this article via Google.
Posted at 08:22 PM by Howard Bashman



"Supreme Court Expected To Rule On Abortion Case": Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:15 PM by Howard Bashman


"Supreme Court set to rule on abortion clinic restrictions": Bill Mears of FoxNews.com has this report.
Posted at 05:12 PM by Howard Bashman


Access the newest posts at Slate's "Supreme Court Breakfast Table": Seventh Circuit Judge Richard A. Posner has a post titled "The immigration decision won't do much."

And law professor Dawn Johnsen has a post titled "How can a judge dismiss the importance of the Constitution?"
Posted at 05:07 PM by Howard Bashman



"The Supreme Court Smiles on Diversity": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 05:00 PM by Howard Bashman


"U.S. Supreme Court to rule on ex-Virginia Gov. Bob McDonnell's corruption conviction": Andrea Noble of The Washington Times has this report.
Posted at 04:58 PM by Howard Bashman


"Supreme Court limps to finish": Lydia Wheeler of The Hill has this report.
Posted at 04:50 PM by Howard Bashman


"Supreme Court set to close out current term with 3 big cases": Mark Sherman of The Associated Press has this report.
Posted at 04:45 PM by Howard Bashman


"U.S. Supreme Court poised to issue major abortion ruling": Lawrence Hurley of Reuters has this report.
Posted at 09:25 AM by Howard Bashman


"Browse free or die? New Hampshire library is at privacy fore." Lynne Tuohy of The Associated Press has this report.
Posted at 09:24 AM by Howard Bashman


"One year after the supreme court's same-sex marriage ruling, the fight continues; Anti-LGBT legislation 'designed to undermine' has proliferated since Obergefell v Hodges, but for one Alabama couple there's a semblance of normalcy": Matthew Teague of The Guardian (UK) has this report.
Posted at 09:22 AM by Howard Bashman


"Police Gains Come at Fourth Amendment's Expense": Kenneth Jost has this post today at his blog, "Jost on Justice."
Posted at 09:16 AM by Howard Bashman


"Goodbye, General! On his last day in office, U.S. Solicitor General Donald Verrilli talks about what it's been like to argue some of the government's biggest cases at the high court; Also -- affirmative action, saved." Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 09:14 AM by Howard Bashman


"Divided court draws plaudits and brickbats, but Kennedy's role remains constant -- for now": Robert Barnes has this article in today's edition of The Washington Post.
Posted at 09:12 AM by Howard Bashman


Saturday, June 25, 2016

"Ninth Circuit Judicial Conference to Convene in Montana": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release yesterday.

During the same week next month when the Ninth Circuit Judicial Conference is taking place in Montana, I will be in southern California participating as a panelist at this event hosted by the UC Irvine School of Law.
Posted at 11:18 PM by Howard Bashman



"7th Circuit tosses would-be revolutionary's suit against Indiana bar": Scott Roberts of TheIndianaLawyer.com has this report on a ruling that Circuit Judge Richard A. Posner issued yesterday on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 11:06 PM by Howard Bashman


Department of Transportation mandatory drug testing does not come with a urine-back guarantee, D.C. Circuit holds: You can access Friday's unanimous ruling of a two-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 10:54 PM by Howard Bashman


"One year after historic ruling, gay marriage win propels liberal causes": Richard Wolf of USA Today has this report.
Posted at 09:34 PM by Howard Bashman


"SCOTUS deadlock seen limiting Clinton options on immigration": Josh Gerstein of Politico.com has this report.
Posted at 08:09 PM by Howard Bashman


"Legislature passes school finance plan to wrap special session; Legislation uses proceeds from sale of Kansas Bioscience Authority": Jonathan Shorman of The Topeka Capital-Journal has this report.

And Julie Bosman of The New York Times reports that "Kansas Lawmakers Pass Bill in Bid to Stop Court From Closing Schools."
Posted at 05:40 PM by Howard Bashman



"The Supreme Court's Silent Failure on Immigration": Linda Greenhouse will have this essay in the SundayReview section of tomorrow's edition of The New York Times.
Posted at 05:28 PM by Howard Bashman


"The Supreme Court's immigration decision is a tragedy that may be short-lived": Law professor Michael A. Olivas has this essay online at The Los Angeles Times.
Posted at 01:52 PM by Howard Bashman


"Who judges the judges." Akhil Reed Amar had this post early this morning at Slate's "Supreme Court Breakfast Table." Perhaps the next post in that discussion, in contrast with the last two, will be from someone who doesn't have a new book to promote.
Posted at 01:44 PM by Howard Bashman


"Lyle Denniston joins National Constitution Center as Supreme Court correspondent": This post appears today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:40 PM by Howard Bashman


"The Man Who Argued Health Care For Obama Looks Back As He Steps Down": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Weekend Edition Saturday."
Posted at 01:02 PM by Howard Bashman


"One journey over, the quest continues": Lyle Denniston announces his departure from "SCOTUSblog" in a post you can access here.

As I noted last month in response to an announcement at "SCOTUSblog" that foreshadowed today's announcement, "Denniston, in terms of longevity and quality, is the Vin Scully of U.S. Supreme Court coverage."

With Denniston's forthcoming departure, the expected arrival of a U.S. Supreme Court web site that makes freely available online all documents filed at the Court, and the Court's recent practice of posting online instantaneously upon their public issuance Order Lists and new opinions, many of the things that have made "SCOTUSblog" such a valuable resource could be on the verge of disappearing. Or perhaps not. Only time will tell.

In any event, I wish my friend Lyle all the best in his many future endeavors. His vast experience, unique insight, and strong commitment to thorough coverage of the U.S. Supreme Court and the nation's entire legal system, together with his willingness to speak his mind whenever the opportunity presents itself, make him an unparalleled treasure in the field of legal journalism.
Posted at 11:23 AM by Howard Bashman



Friday, June 24, 2016

"Affirmative Action Isn't Just a Legal Issue. It's Also a Historical One." Lee C. Bollinger will have this op-ed in Saturday's edition of The New York Times.
Posted at 11:44 PM by Howard Bashman


Seventh Circuit Judge Richard A. Posner has appeared this evening at Slate's "Supreme Court Breakfast Table": His first post in that ongoing discussion is titled "The academy is out of its depth."
Posted at 08:52 PM by Howard Bashman


"Justices Help Keep the U.S. Family Together": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 08:46 PM by Howard Bashman


"The Affirmative Action Surprise": Law professor David Cole has this post online at The New York Review of Books.
Posted at 07:38 PM by Howard Bashman


"Paul Clement, U.S. Supreme Court Litigator, Talks Scalia and the Roberts Court": Joe Forward had this post recently at WisBar News.

Earlier, the State Bar of Wisconsin's "InsideTrack" newsletter posted an interview headlined "Q&A with Paul Clement: Top Advocate at the U.S. Supreme Court."

And as an added bonus, the Wisconsin State Bar has posted online at Facebook this video interview with Clement.
Posted at 06:00 PM by Howard Bashman



"Inside the Taft Court: Lessons from the Docket Books." Law professor Barry Cushman has posted this interesting article online at SSRN.
Posted at 05:52 PM by Howard Bashman


"What Do This Week's Supreme Court Decisions Mean for Immigration and Affirmative Action?" The New York Times Magazine has posted online this "Notebook" discussion among Emily Bazelon, Nikole Hannah-Jones, and law professors Eric Posner and William Baude.
Posted at 05:17 PM by Howard Bashman


"On Affirmative Action, Supreme Court Rules for Humility": Law professor Cass R. Sunstein has this essay online at Bloomberg View.
Posted at 04:58 PM by Howard Bashman


"Evidence points to earlier Markel murder attempt": Karl Etters of The Tallahassee Democrat has this report.
Posted at 04:25 PM by Howard Bashman


"North Dakota spent $491K on fetal heartbeat abortion law": The Associated Press has this report.
Posted at 04:20 PM by Howard Bashman


"Ruling signals 'yellow light' on college affirmative action": Lisa Leff of The Associated Press has this report.
Posted at 01:48 PM by Howard Bashman


"Immigration deadlock reprises Obama's battle with the court": Kathleen Hennessey and Josh Lederman of The Associated Press have this report.
Posted at 01:44 PM by Howard Bashman


"Abbott's Strategy in Texas: 44 Lawsuits, One Opponent: Obama Administration; Former attorney general, now governor, has led a red-state revolt against the White House." Dan Frosch and Jacob Gershman of The Wall Street Journal have this report. You can freely access the full text of the article via Google.
Posted at 01:28 PM by Howard Bashman


Access the newest posts at Slate's "Supreme Court Breakfast Table": Law professor Akhil Reed Amar has a post titled "Why doesn't the split court tell us their votes?"

And Mark Joseph Stern has a post titled "Texit is like Brexit, but for America."
Posted at 01:22 PM by Howard Bashman



"Document: Sigfredo Garcia Probable Cause (Attachement A)." The Tallahassee Democrat has posted this document online.
Posted at 01:14 PM by Howard Bashman


"Small words, big consequences for possibly thousands of federal prisoners": Ann E. Marimow of The Washington Post has an article that begins, "Hundreds if not thousands of federal prisoners are likely to have their sentences shortened -- and in some cases get immediate release -- due to one of the final opinions written by Justice Antonin Scalia."
Posted at 01:10 PM by Howard Bashman


"Source: Delayed Texas Abortion Data Finished Months Ago." Alexa Ura of The Texas Tribune has this report.
Posted at 01:05 PM by Howard Bashman


"Wisconsin Case Gives SCOTUS Second Shot at Abortion": Kimberly Robinson of Bloomberg BNA has this report.
Posted at 01:00 PM by Howard Bashman


"Supreme Court impasse on immigration threatens 'Dreamers,' too; The president insists Thursday's decision wouldn't affect other 'deferred action' programs. Legal experts say he's probably wrong": Josh Gerstein and Seung Min Kim of Politico.com have this report.
Posted at 11:57 AM by Howard Bashman


"Studies in the First Amendment, Playing Out on Campus": Abby Ellin had this article in yesterday's edition of The New York Times.
Posted at 11:54 AM by Howard Bashman


"Garcia pleads not guilty in Markel slaying": Karl Etters of The Tallahassee Democrat has this report.
Posted at 10:32 AM by Howard Bashman


"Supreme Court ruling in Fisher v. UT a victory for advocates of affirmative action": Catherine Marfin of The Daily Texan has this report.

Brandon J. Dixon of The Harvard Crimson has an article headlined "In Landmark Ruling, Supreme Court Backs Race-Conscious Admissions."

And Jon Victor of The Yale Daily News reports that "Supreme Court ruling upholds affirmative action in college admissions."
Posted at 10:28 AM by Howard Bashman



"An Unexpected Victory for Affirmative Action": Jeffrey Toobin has this post online at The New Yorker.
Posted at 10:15 AM by Howard Bashman


"Blood, Breath and the Fourth Amendment": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 10:09 AM by Howard Bashman


"Constitution Check: Are the courts the answer to partisan gridlock in Washington?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:07 AM by Howard Bashman


Thursday, June 23, 2016

"Appeals court upholds Texas' Hazlewood veterans benefits": Chuck Lindell of The Austin American-Statesman has this report.

And Andrea Zelinski of The Houston Chronicle reports that "Hazelwood only applies to vets who enlisted in Texas, appeals court rules."

You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 10:44 PM by Howard Bashman



"Scalia absence keenly felt in closely divided cases": Mark Sherman of The Associated Press has this report.
Posted at 10:38 PM by Howard Bashman


Access the newest posts at Slate's "Supreme Court Breakfast Table": Walter Dellinger has a post titled "The battle is not over."

And Mark Joseph Stern has a post titled "The two Fourth Amendments."
Posted at 10:08 PM by Howard Bashman



"Affirmative Action in College Admissions, Here to Stay": Law professor Richard Primus will have this op-ed in Friday's edition of The New York Times.

And online at The New York Times, law professor Richard O. Lempert has an essay titled "The Supreme Court Has Upheld Affirmative Action; So Let's Dump Mismatch Theory."
Posted at 10:00 PM by Howard Bashman



"Three Separate, Equal and Dysfunctional Branches of Government": Carl Hulse of The New York Times has this new installment of his "On Washington" column.
Posted at 09:50 PM by Howard Bashman


"For Obama, Supreme Court Defeat Upends a Legacy on Immigration": Michael D. Shear of The New York Times has this news analysis.
Posted at 09:46 PM by Howard Bashman


"Supreme Court Upholds Affirmative Action in University Admissions; In 4-3 ruling, court advises schools to continuously review race-based policies": Jess Bravin and Brent Kendall of The Wall Street Journal have this report.
Posted at 08:37 PM by Howard Bashman


"Supreme Court sends off patent troll that challenged review rules with an 8-0 slapdown; Giuseppe Cuozzo drove too fast, got an odd patent, and sold it to trolling pros": Joe Mullin of Ars Technica has this report.
Posted at 08:34 PM by Howard Bashman


"U.S. Supreme Court Takes Middle Ground on Drunken-Driving Tests Without Warrant; Police can take breath tests without a warrant, but not blood tests": Brent Kendall of The Wall Street Journal has this report.

And Richard Wolf of USA Today reports that "Supreme Court divides over breath, blood tests for drunk drivers."
Posted at 08:30 PM by Howard Bashman



"U.S. Supreme Court Deadlock Blocks Obama's Immigration Plan; Split leaves intact lower-court ruling against plan but establishes no precedent": Jess Bravin of The Wall Street Journal has this report.
Posted at 08:25 PM by Howard Bashman


"Immigration Deadlock Leaves Obama, Supreme Court Feeling a Void": Greg Stohr of Bloomberg News has this report.
Posted at 08:22 PM by Howard Bashman


"Opinion analysis: Obama immigration plan all but doomed." Lyle Denniston has this post at "SCOTUSblog."
Posted at 07:30 PM by Howard Bashman


"A 'view' from the Courtroom: Alito dissents on affirmative action, a deadlock on immigration, and more." Mark Walsh has this post at "SCOTUSblog."
Posted at 07:24 PM by Howard Bashman


"Obama admin suffers through a losing streak": Robin Bravender of Greenwire has this report.
Posted at 04:32 PM by Howard Bashman


"Judges should stay out of the PC debate": Steven M. Klepper has this essay online at The Baltimore Sun.
Posted at 03:58 PM by Howard Bashman


"Reliving Kennedy's glory days": Dahlia Lithwick has this post this afternoon at Slate's "Supreme Court Breakfast Table."
Posted at 03:45 PM by Howard Bashman


"How Affirmative Action Won the Day: In a 4-3 ruling on a case almost a decade in the making, the Supreme Court ruled that colleges can factor in race in admissions decisions." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 03:44 PM by Howard Bashman


"Three Lessons From Obama's Immigration Defeat": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 03:40 PM by Howard Bashman


"Opinion analysis: A brief respite for affirmative action?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 03:38 PM by Howard Bashman


"The forces of obstruction and chaos win big": Dahlia Lithwick had this entry this morning at Slate's "Supreme Court Breakfast Table."
Posted at 01:27 PM by Howard Bashman


"Affirmative Action Is Here to Stay": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:24 PM by Howard Bashman


"High court limits drunk driving test laws": Sam Hananel of The Associated Press has this report. The AP also reports that "Supreme Court tie favors tribal court authority" and "High court limits use of repeat offender law."
Posted at 01:00 PM by Howard Bashman


"Obama immigration plan blocked by 4-4 tie at Supreme Court": Mark Sherman of The Associated Press has this report.

Adam Liptak of The New York Times reports that "Supreme Court Deadlocks on Obama Immigration Plan; It Remains Blocked."

Robert Barnes and William Branigin of The Washington Post report that "Supreme Court won't revive Obama plan to shield illegal immigrants from deportation."

David G. Savage of The Los Angeles Times reports that "Supreme Court deadlock deals defeat to Obama immigration plan."

Richard Wolf of USA Today reports that "Deadlocked Supreme Court blocks Obama on immigration."

Lawrence Hurley of Reuters reports that "Split U.S. Supreme Court blocks Obama immigration plan."

And Mike Dorning of Bloomberg News reports that "Supreme Court's Split Elevates Immigration as Election Issue."
Posted at 10:54 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 Mathis v. United States, No. 15-6092. Justice Anthony M. Kennedy issued a concurring opinion. Justice Clarence Thomas issued a concurring opinion. Justice Stephen G. Breyer issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined. And Justice Samuel A. Alito, Jr. issued a dissenting opinion. You can access the oral argument via this link.

2. Justice Alito delivered the opinion of the Court in Birchfield v. North Dakota, No.14-1468. Justice Sonia Sotomayor issued an opinion concurring in part and dissenting in part, in which Justice Ginsburg joined. And Justice Thomas issued an opinion concurring in part and dissenting in part. You can access the oral argument via this link.

3. Justice Kennedy delivered the opinion of the Court in Fisher v. University of Tex. at Austin, No. 14-981. Justice Thomas issued a dissenting opinion. And Justice Alito issued a dissenting opinion, in which Chief Justice John. G. Roberts, Jr. and Justice Thomas joined. Justice Kagan did not participate in the decision. You can access the oral argument via this link.

4. In United States v. Texas, No. 15-674, the Court evenly divided 4-to-4 and issued a per curiam affirmance You can access the oral argument via this link.

5. And in Dollar General Corp. v. Mississippi Band of Choctaw Indians, No. 13-1496, the Court evenly divided 4-to-4 and issued a per curiam affirmance. You can access the oral argument via this link.

In early news coverage, Adam Liptak of The New York Times reports that "Supreme Court Upholds Affirmative Action Program at University of Texas."

Robert Barnes of The Washington Post reports that "Supreme Court upholds University of Texas affirmative action admissions."

David G. Savage of The Los Angeles Times reports that "Supreme Court upholds use of affirmative action at universities."

Richard Wolf of USA Today reports that "Supreme Court upholds affirmative action programs."

Mark Sherman of The Associated Press reports that "Texas affirmative action plan survives Supreme Court review."

Lawrence Hurley of Reuters reports that "Supreme Court upholds race-based college admissions program."

And Greg Stohr of Bloomberg News reports that "University Affirmative Action Upheld by U.S. Supreme Court."

The Court is expected to issue its remaining rulings from cases argued this Term on Monday, June 27, 2016.
Posted at 10:02 AM by Howard Bashman



"Supreme Court justices juggle cases, conflicts": Richard Wolf of USA Today has this report.

And Lydia Wheeler of The Hill reports that "Supreme Court justices given Frederick Douglass bust, trips around the world."
Posted at 09:54 AM by Howard Bashman



"Three big cases face Supreme Court decisions": Richard Wolf of USA Today has this report.

And Ariane de Vogue of CNN.com reports that "Supreme Court prepares major decisions on immigration, abortion access, affirmative action."
Posted at 09:51 AM by Howard Bashman



"The Supreme Court's Post-Scalia Term": Linda Greenhouse has this essay online today at The New York Times.
Posted at 09:45 AM by Howard Bashman


Wednesday, June 22, 2016

"Higher court decision favors women's health group over Citilink": Rebecca S. Green of The Journal Gazette of Fort Wayne, Indiana has this report.

And Jonathan Stempel of Reuters reports has an article headlined "Indiana buses wrong to ban ad from pro-life group: U.S. appeals court."

Circuit Judge Richard A. Posner issued today's ruling of the U.S. Court of Appeals for the Seventh Circuit on behalf of a unanimous three-judge panel.
Posted at 11:42 PM by Howard Bashman



"The Most Difficult Case for the Supreme Court to Write This Term May Not Be What You Think": Melissa Heelan Stanzione of Bloomberg BNA has this report.
Posted at 08:45 PM by Howard Bashman


"Scott Walker names finalists for Supreme Court vacancy": Jason Stein and Patrick Marley of The Milwaukee Journal Sentinel have this report.
Posted at 08:40 PM by Howard Bashman


"Justices Disclose Privately Paid Trips and Gifts": Adam Liptak of The New York Times has this report.
Posted at 08:00 PM by Howard Bashman


"Hasty Death Penalty Review Raises Doubt in Alabama": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 07:56 PM by Howard Bashman


Slate's "Supreme Court Breakfast Table" has returned: Walter Dellinger has the first entry, titled "An immigration split would be most unpalatable."

And Dawn Johnsen has the second entry, titled "Wither the full court."
Posted at 07:48 PM by Howard Bashman



"Majority of U.S. Supreme Court justices are millionaires; Breyer, Roberts, Ginsburg top list of wealthiest justices": Michael Beckel and Dave Levinthal of the Center for Public Integrity have this report.
Posted at 04:50 PM by Howard Bashman


"Justice Alito Sells Exxon Stock After Years of Case Recusals": Greg Stohr of Bloomberg News has this report.

Lawrence Hurley of Reuters reports that "Supreme Court's Alito sells oil company shares, documents show."

And Mark Sherman of The Associated Press reports that "Breyer book royalties top $100K in 2015."
Posted at 03:16 PM by Howard Bashman



"Justices' 2015 Financial Disclosure Reports": Fix the Court plans to make them available online via this link shortly.
Posted at 01:07 PM by Howard Bashman


"State Supreme Court warns judges to be careful on social media": Andrew Oxford has this front page article in today's edition of The Santa Fe New Mexican reporting on a ruling that the Supreme Court of New Mexico issued Monday.
Posted at 01:04 PM by Howard Bashman


"Gay marriages up 33% in year since Supreme Court ruling": Richard Wolf of USA Today has this report.
Posted at 11:54 AM by Howard Bashman


"Marble, drape and justice: inside the U.S. Supreme Court." Reuters has posted this photo essay online. The final photo in the series launches a 16-part slideshow.
Posted at 11:52 AM by Howard Bashman


"Public Affairs TV with Jeff Berkowitz": Featuring Seventh Circuit Judge Richard A. Posner. You can view on YouTube in two parts, here and here.
Posted at 11:42 AM by Howard Bashman


"All's Well That's Orwell: Justices Ginsburg and Breyer Put 'Big Brother' on Trial." Jess Bravin has this post today at WSJ.com's "Law Blog."
Posted at 11:38 AM by Howard Bashman


"Report Reveals State Court Judges Disproportionately White and Male: American Constitution Society Presents First-of-its-kind Data That State Courts Do Not Reflect the Communities They Serve." The American Constitution Society for Law and Policy today issued a report titled "The Gavel Gap: Who Sits in Judgement at State Courts?" Additional information can be accessed via this link.
Posted at 11:35 AM by Howard Bashman


"Statement by Chief Judge Garland Regarding Posting of D.C. Circuit Judgments": The U.S. Court of Appeals for the D.C. Circuit posted this notice online today.
Posted at 11:33 AM by Howard Bashman


"Making a Killing: The business and politics of selling guns." Evan Osnos has this article in the June 27, 2016 issue of The New Yorker.

And online today at The New Yorker, Osnos has a post titled "Forget Congress -- The Gun Business Faces a Judge."
Posted at 11:32 AM by Howard Bashman



"GPS tracker was attached to suspect's leg. But leg wasn't attached to the suspect." Peter Hermann of The Washington Post has this report.
Posted at 11:27 AM by Howard Bashman


"Sonia Sotomayor's devastating defense of civil liberties": Scott Lemieux has this essay online at The Week.

And at Salon.com, Daniel Denvir has an essay titled "If you loved Sotomayor's dissent in the 4th Amendment case, you should be worried about a Justice Garland; Garland's track record suggests he likely would've voted with the conservative majority in the stop-and-seizure case."
Posted at 11:22 AM by Howard Bashman



"U.S. Circuit Court Vacancies: Overview and Comparative Analysis." Barry J. McMillion of the Congressional Research Service has this report.
Posted at 11:16 AM by Howard Bashman


"Senate hearing friendly for appointment to replace Fargo-based appeals judge": Patrick Springer of The Forum of Fargo, North Dakota has this report.
Posted at 11:10 AM by Howard Bashman


"American Bar Association Praises Obama Supreme Court Nominee Merrick Garland; Senate Republicans blocking appointment remain unmoved": Jess Bravin of The Wall Street Journal has this report.

And Reuters reports that "U.S. legal group lavishes praise on Obama Supreme Court nominee."

The American Bar Association's report can be accessed here.
Posted at 11:06 AM by Howard Bashman



"Can Ohio attorneys use medical marijuana? Supreme Court panel will weigh in." Jackie Borchardt of The Cleveland Plain Dealer has this report.
Posted at 09:14 AM by Howard Bashman


"Jewish justice joining Argentina's Supreme Court in landmark appointment": The Jewish Telegraphic Agency has this report.
Posted at 09:12 AM by Howard Bashman


"Google Link in Supreme Court Case Shows Struggle on Citation": Jeff John Roberts has this report today at Fortune.com.
Posted at 09:06 AM by Howard Bashman


"Obama's health advisors reject 'right of conscience' challenge to California's required abortion coverage": David G. Savage of The Los Angeles Times has this report.
Posted at 08:52 AM by Howard Bashman


"Get Ready: The Next 'Citizens United' Is Coming; Jim Bopp, the lawyer who spearheaded the blockbuster decision, wants to open another floodgate for unrestricted campaign money." Carrie Levine has this report today at Politico Magazine.
Posted at 08:50 AM by Howard Bashman


"Obama's Supreme Court lawyer ends 'intense' tenure": Richard Wolf of USA Today has this report.
Posted at 08:42 AM by Howard Bashman


"A Short-Handed Supreme Court Picks Its Path": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:40 AM by Howard Bashman


"Constitution Check: Where do gun rights stand now?" Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:37 AM by Howard Bashman


"Requiem for Scalia as Justices Let Feds Off the Hook": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:34 AM by Howard Bashman


Tuesday, June 21, 2016

"Suspended Alabama Supreme Court Chief Justice Roy Moore responds to judicial ethics complaint": Kent Faulk of The Birmingham News has this report.

And Brian Lyman of The Montgomery Advertiser has an article headlined "Roy Moore: Same-sex marriage order was meant as advice."
Posted at 11:20 PM by Howard Bashman



"Clerk asks court to dismiss appeals in gay marriage lawsuit": The Associated Press has a report that begins, "A Kentucky clerk who spent five days in jail for refusing to issue marriage licenses to same-sex couples asked a federal appeals court Tuesday to dismiss her appeals of a judge's ruling because of a new state law that will take effect next month."
Posted at 11:09 PM by Howard Bashman


"North Carolina Faces Tough Questions From Appeals Court on Voting Law; At Issue Is Whether GOP-Backed Law Tightening Voting Rules Discriminates Against Minorities": Brent Kendall of The Wall Street Journal has this report.

Ann E. Marimow of The Washington Post reports that "Appeals court considers North Carolina's controversial voting rules."

And Reuters reports that "Federal judges question intent behind North Carolina voting law."

You can access via this link (60.4 MB mp3 audio file) the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit.
Posted at 11:00 PM by Howard Bashman



"Sealed Appellee" a/k/a United States of America, the prosecution in a federal criminal case: The U.S. Court of Appeals for the Fifth Circuit today issued this decision in a case captioned Sealed Appellee v. Sealed Appellant. As noted in the title of this post, the identity of the "Sealed Appellee" in this case seems rather obvious.
Posted at 10:40 PM by Howard Bashman


"U.S. appeals court rejects gunmaker's claim on silencer": Reuters has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued today.
Posted at 10:28 PM by Howard Bashman


"Court hears 'Docs v. Glocks' case: Is law unenforceable?" Rhonda Cook of The Atlanta Journal-Constitution has this report.

And The Associated Press reports that "Court mulls law limiting docs' talk with patients about guns."
Posted at 10:00 PM by Howard Bashman



"Abortion, race, immigration among last Supreme Court cases": Mark Sherman of The Associated Press has this report.
Posted at 08:14 PM by Howard Bashman


"SCOTUS ruling on Utah drug case could affect police searches": Pat Reavy of The Deseret News has this report.
Posted at 09:32 AM by Howard Bashman


Monday, June 20, 2016

"Judge erred in dismissing Darren Wilson grand juror lawsuit, appeals court says": Robert Patrick of The St. Louis Post-Dispatch has this report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 10:45 PM by Howard Bashman


"Europe Can't Pick and Choose When U.S. Law Applies": Law professor Noah Feldman as this essay online at Bloomberg View.
Posted at 10:00 PM by Howard Bashman


"Police: Markel suspect changed his story." Jennifer Portman of The Tallahassee Democrat has this report.

And Jose Lambiet of The Daily Mail (UK) reported last week that "Girlfriend defends the ex-brother-in-law of FSU professor shot dead in his driveway who cops say is connected to execution-style 'murder-for-hire.'"
Posted at 09:52 PM by Howard Bashman



"Law allowing gun rights groups to sue municipalities ruled unconstitutional": Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania has this report.

Karen Langley of The Pittsburgh Post-Gazette has an article headlined "Pa. High court: NRA can't challenge local gun laws."

And The Associated Press reports that "Pennsylvania law aiding NRA lawsuits nixed by high court."

You can access today's unanimous ruling of the Supreme Court of Pennsylvania at this link.
Posted at 09:36 PM by Howard Bashman



"Constitution Check: Are the Insular Cases still binding, after a century?" Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 04:58 PM by Howard Bashman


"The Unabomber Claims Letters Written In His Name Are A Hoax; The notorious domestic terrorist says 'some creep in Santa Barbara' is impersonating him in letters to journalists": Andrew Kaczynski (no relation) of BuzzFeed News has this report.
Posted at 04:40 PM by Howard Bashman


"U.S. Supreme Court rules for police in Utah search case": Pamela Manson of The Salt Lake Tribune has this report.

Adam Liptak of The New York Times reports that "Supreme Court Says Police May Use Evidence Found After Illegal Stops."

Robert Barnes of The Washington Post reports that "Supreme Court rules 5 to 3 that mistakes by officer don't undermine conviction."

David G. Savage of The Los Angeles Times reports that "Supreme Court gives police more power to stop and question people."

Richard Wolf of USA Today reports that "Supreme Court allows searches based on outstanding arrest warrants."

Lawrence Hurley of Reuters reports that "Supreme Court backs police in Utah drug search case."

And in commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled "Invoking Racial Justice at the U.S. Supreme Court."
Posted at 04:35 PM by Howard Bashman



"Legal experts on Donald Trump: 'He lacks respect for basic norms'; From bringing back waterboarding to temporarily banning Muslims, legal professionals says Donald Trump 'pays no attention to the law.'" Peter Stone of The Guardian (UK) has this report.
Posted at 03:42 PM by Howard Bashman


"Supreme Court to Review President's Ability to Temporarily Fill Top Posts; The case centers on how to interpret provisions in the 1998 Federal Vacancies Reform Act": Brent Kendall of The Wall Street Journal has this report.

Greg Stohr of Bloomberg News reports that "President's Temporary Appointments Draw U.S. High Court Review."

And at "SCOTUSblog," Lyle Denniston has a post titled "Again, the president's power to appoint is at issue."
Posted at 03:40 PM by Howard Bashman



"The Supreme Court Just Ruled In Favor Of The Police State, And Sonia Sotomayor Is Not Having It; She lashed out at 'lawless police conduct' that disproportionately targets black and brown Americans": Cristian Farias of The Huffington Post has this report.
Posted at 03:02 PM by Howard Bashman


"Supreme Court Turns Away Challenge to Connecticut Ban on Semiautomatic Weapons": Adam Liptak of The New York Times has this report.

Russell Blair of The Hartford Courant reports that "Supreme Court Rejects Challenge To Connecticut Assault Weapons Bans."

Robert Barnes of The Washington Post reports that "Supreme Court refuses to hear challenge to Connecticut's ban on 'assault weapons.'"

David G. Savage of The Los Angeles Times reports that "Supreme Court turns away challenge to state bans on assault weapons."

Richard Wolf of USA Today reports that "Supreme Court turns down assault weapons cases."

Joe Palazzolo of The Wall Street Journal reports that "U.S. Supreme Court Turns Away Challenge to Connecticut's Semiautomatic Gun Ban; Won't hear appeal of law banning rifles that resemble military weapons, high-capacity magazines."

Lawrence Hurley of Reuters reports that "Supreme Court rejects challenge to state assault weapon bans."

And Greg Stohr of Bloomberg News reports that "New York, Connecticut Assault-Weapon Bans Let Stand by Court."
Posted at 01:32 PM by Howard Bashman



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

1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Taylor v. United States, No. 14-6166. Justice Clarence Thomas issued a dissenting opinion. You can access the oral argument via this link.

2. Justice Alito delivered the opinion of the Court in RJR Nabisco, Inc. v. European Community, No. 15-138. Justice Ruth Bader Ginsburg issued an opinion concurring in part, dissenting in part, and dissenting from the judgment, in which opinion Justices Stephen G. Breyer and Elena Kagan joined. Justice Breyer also issued an opinion concurring in part, dissenting in part, and dissenting from the judgment. Justice Sonia Sotomayor did not participate in the decision. You can access the oral argument via this link.

3. Justice Breyer delivered the opinion of the Court in Cuozzo Speed Technologies, LLC v. Lee, No. 15-446. Justice Thomas issued a concurring opinion. And Justice Alito issued an opinion concurring in part and dissenting in part, in which Justice Sotomayor joined. You can access the oral argument via this link.

4. Justice Thomas delivered the opinion of the Court in Utah v. Strieff, No. 14-1373. Justice Sotomayor issued a dissenting opinion, in which Justice Ginsburg joined in part. And Justice Kagan issued a dissenting opinion, in which Justice Ginsburg joined. You can access the oral argument via this link.

5. And Justice Anthony M. Kennedy delivered the opinion of the Court in Encino Motorcars, LLC v. Navarro, No. 15-415. Justice Ginsburg issued a concurring opinion, in which Justice Sotomayor joined. And Justice Thomas issued a dissenting opinion, in which Justice Alito joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Supreme Court rules for police in search case"; "High court nixes European suit against R.J. Reynolds"; "High court upholds process for challenging patents"; and "High court says gov't can prosecute drug robbery."
Posted at 10:03 AM by Howard Bashman



"Roberts' Blind Spot on Judicial Ethics": Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 09:52 AM by Howard Bashman


Access today's Order List of the U.S. Supreme Court: At this link. The Court granted review in two new cases. And the Court requested the views of the Solicitor General in two cases.

In Williams v. Louisiana, No. 14-9409, Justice Ruth Bader Ginsburg issued a concurrence, in which Justices Stephen G. Breyer, Sonia Sotomayor, and Elena Kagan joined, in the Court's GVR order. And Justice Samuel A. Alito, Jr. issued a dissent, in which Justice Clarence Thomas joined, from that GVR order.

And in Flowers v. Louisiana, No. 14-10486, Justice Alito issued a dissent, in which Justice Thomas joined, from the Court's GVR order.

In early news coverage, The Associated Press reports that "High court considers appointment of labor board official"; "Supreme Court takes up dispute over immigrant detention"; "Supreme Court leaves state assault weapons bans in place"; "Supreme Court rejects appeal from Illinois smokers"; and "Supreme Court rejects apartheid victims' appeal."
Posted at 09:42 AM by Howard Bashman



"The Death Penalty Case Where Prosecutors Wrote the Judge's 'Opinion': Is that fair? The U.S. Supreme Court could soon decide." Andrew Cohen has this report online at The Marshall Project.
Posted at 09:28 AM by Howard Bashman


Sunday, June 19, 2016

"Just how rightward-leaning was the Burger Supreme Court?" In today's edition of The Washington Post, law professor Justin Driver has this review of "The Burger Court and the Rise of the Judicial Right" by law professor Michael J. Graetz and Linda Greenhouse.
Posted at 10:00 PM by Howard Bashman


"Divided Supreme Court Lurches to Term's End; Ideological stalemate leaves major legal disputes undecided, with little change in sight": Jess Bravin of The Wall Street Journal has this report. You can freely access the full text of the article via Google.

Richard Wolf of USA Today reports that "All eyes are on these three Supreme Court cases."

Reuters reports that "Immigration, abortion, race rulings due at Supreme Court."

And in commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled "A Divided Supreme Court Hears Three Divisive Cases."
Posted at 09:35 PM by Howard Bashman



"Justice Department offers settlement on Feres case, halting Supreme Court consideration": Patricia Kime of Military Times has this report.
Posted at 08:40 PM by Howard Bashman


"Dispute over New Mexico Hatch chile labeling heats up": The Associated Press has this report.

My earlier coverage of Friday's Tenth Circuit ruling can be accessed here.
Posted at 08:34 PM by Howard Bashman



"Appeals Court's Ruling on Concealed Gun Carry Exposes Stark Divide": Pete Williams of NBC News has this report.

And Reuters reports that "Supreme Court may take action on state assault weapon bans."
Posted at 08:30 PM by Howard Bashman



"End of conservative Supreme Court: Clarence Thomas may be next to leave." Paul Bedard of The Washington Examiner has this report today.

Update: Ginni Thomas has this post on Facebook characterizing the report of her husband's impending retirement as "bogus."
Posted at 08:24 PM by Howard Bashman



"Obama immigration win at Supreme Court could benefit Trump": Lawrence Hurley of Reuters has this report.
Posted at 08:14 PM by Howard Bashman


Saturday, June 18, 2016

"9th Circ. Reinstates Order for Wiccan Prisoner": Courthouse News Service has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 11:50 PM by Howard Bashman


"Seventh Circuit: Gilbert's senior status on federal bench allows service on court and as SIU trustee." The Madison-St. Clair County Record has this report.
Posted at 10:24 PM by Howard Bashman


For those who just can't wait until June 27, 2016 to see the Sixth Circuit's new web site: The U.S. Court of Appeals for the Sixth Circuit has made available a preview of its new web site at this link.
Posted at 10:10 PM by Howard Bashman


New Fifth Circuit three-judge panel opinion featuring "informal en banc" determination: Yesterday, a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued this decision. The initial footnote of both the majority opinion and the dissenting opinion reveal that the en banc Fifth Circuit voted on an issue that the appeal presents.

Law review articles discussing the "informal en banc" procedures of the federal appellate courts can be accessed here and here.
Posted at 10:02 PM by Howard Bashman



Fourth Circuit rejects constitutional challenge to the bar admissions rules of the Maryland federal district court brought by out-of-state attorneys: You can access yesterday's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 08:44 PM by Howard Bashman


"Third Circuit revisits Lehman Brothers in another must-read sanctions opinion": Matthew Stiegler has this post at his "CA3blog" about a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.
Posted at 08:34 PM by Howard Bashman


"Ex-Gov. Rowland Loses Latest Appeal: Moves Closer To 2 1/2-Year Prison Sentence." Edmund H. Mahony of The Hartford Courant has this report.

Nate Raymond of Reuters reports that "Connecticut ex-Governor Rowland's conviction upheld on appeal."

And The Associated Press reports that "Appeals court upholds conviction of ex-Connecticut governor."

You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 08:16 PM by Howard Bashman



"Puhl, federal appeals court nominee from ND, slated for Senate hearing": Patrick Springer of The Forum of Fargo, North Dakota has this report.
Posted at 05:00 PM by Howard Bashman


"The Unintended Consequences of the Stanford Rape-Case Recall": Online at The New Yorker, law professor Jeannie Suk has a post that begins, "When the Supreme Court refused to overturn Roe v. Wade, in Planned Parenthood v. Casey, in 1992, a plurality of the Justices famously explained that doing otherwise would look like surrender to the intense political protests directed at the Court."
Posted at 09:20 AM by Howard Bashman


Friday, June 17, 2016

"Livonia native new Harvard Law School student president": The Detroit Free Press has this report.
Posted at 08:40 PM by Howard Bashman


"Two indicted in Markel slaying": Karl Etters of The Tallahassee Democrat has an article that begins, "Leon County grand jurors Friday indicted two men in the murder-for-hire plot of Dan Markel."
Posted at 08:22 PM by Howard Bashman


"Obama's Supreme Court Lawyer 'Can't Imagine' The Justices Would Back A Muslim Ban": Cristian Farias of The Huffington Post has this report.
Posted at 08:14 PM by Howard Bashman


"The Legal Residue of American Empire: Imperialism has left tricky sovereignty questions with which the U.S. Supreme Court is only now reckoning." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 07:56 PM by Howard Bashman


"U.S. transgender woman's journey turns into constitutional fight": Daniel Trotta of Reuters has this report.
Posted at 02:58 PM by Howard Bashman


"Top Obama Lawyer: Obamacare Fight Over, Muslim Ban Unlikely." Ari Melber of NBC News has this interview with U.S. Solicitor General Donald B. Verrilli, Jr.
Posted at 02:51 PM by Howard Bashman


"The Hatch Valley may be to chiles what the Napa Valley is to grapes." So begins an interesting opinion that Circuit Judge Neil M. Gorsuch issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit.

The opinion's first paragraph makes me look forward even more to my visit this September to Albuquerque, Santa Fe, and Taos, New Mexico. And because Judge Gorsuch wrote the opinion, you can be sure it's an entertaining read.

In fact, news of the ruling reached me via email from a reader who sent me the opinion's opening paragraphs together with a link to the decision at the Tenth Circuit's web site. The clear and captivating style of writing found in the opinion's opening paragraphs made me quite confident that Judge Gorsuch would turn out to be the opinion's author, as in fact he did..
Posted at 02:36 PM by Howard Bashman



Thursday, June 16, 2016

"Video-sharing sites win big in DCMA legal fight; Case questioned if DMCA gave immunity to ISPs for their users' infringement": David Kravets of Ars Technica has this report.

Nate Raymond of Reuters reports that "Vimeo wins U.S. appeal in music copyright case."

At the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Appeals Court Gives Internet Service Providers Big Relief in Copyright Disputes; Barry Diller's Vimeo scores a win as the 2nd Circuit rules that safe harbor applies to pre-1972 recordings and isn't disqualified by employees who saw infringements."

Wendy Davis of MediaPost reports that "Vimeo Wins Copyright Battle Over Golden Oldies."

Mike Masnick of Techdirt has a post titled "Appeals Court Gives Big Loss To Record Labels In Their Quixotic Lawsuit Against Vimeo For Lipdubs."

And Courthouse News Service reports that "Vimeo Shielded from Record Labels' Onslaught."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 08:37 PM by Howard Bashman



"U.S. Health-Care Law Just Got Even More Confusing": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 07:44 PM by Howard Bashman


"Did politics figure in Gov. Wolf's pick for high court?" Chris Brennan of The Philadelphia Inquirer has this report.
Posted at 07:40 PM by Howard Bashman


"Time for a 'No Buy' List on Guns": Law professor Adam Winkler had this op-ed in Tuesday's edition of The New York Times.

And in response thereto, online today at National Review, law professor Josh Blackman has an essay titled "A 'No Buy' List for Suspected Terrorists Would Be Constitutionally Reckless."
Posted at 05:08 PM by Howard Bashman



"In 'Louis D. Brandeis: American Prophet,' Moral Vision and a True Believer's Zeal." In today's edition of The New York Times, Adam Cohen has this review of Jeffrey Rosen's new book, "Louis D. Brandeis: American Prophet."
Posted at 05:00 PM by Howard Bashman


"Judge tosses Dave Agema's suit after self-professed ex-Muslim terrorist's speech shut down": John Agar of MLive.com had this report back in March 2015.

Today, a partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this decision on the resulting appeal.
Posted at 02:18 PM by Howard Bashman



"Blind man files discrimination suit over law school admission test": CNN.com had this report back in May 2011.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this ruling affirming a district court's dismissal of the lawsuit.
Posted at 02:11 PM by Howard Bashman



"Senate panel advances Schott to federal appeals court": Patrick Marley of The Milwaukee Journal Sentinel has an article that begins, "The Senate Judiciary Committee on Thursday advanced the nomination of Wisconsin lawyer Donald Schott to fill the longest judicial vacancy of its kind."
Posted at 01:44 PM by Howard Bashman


"U.S. top court puts some limits on government fraud lawsuits": Lawrence Hurley of Reuters has this report.
Posted at 01:38 PM by Howard Bashman


"Veteran-owned businesses win at Supreme Court": Richard Wolf of USA Today has this report.

And The Associated Press reports that "Justices rule against VA in disabled vets contract dispute."
Posted at 01:33 PM by Howard Bashman



"Top Lawyers at 44 Companies Urge U.S. Senate to Consider Garland": Greg Stohr of Bloomberg News has this report.
Posted at 01:28 PM by Howard Bashman


"Kansas lawmakers to debate schools, lessening court's power": The Associated Press has a report that begins, "Kansas legislators were discussing a short-term education funding fix Thursday to satisfy a state Supreme Court order while also debating longer-term proposals for curbing the court's power to force school finance changes."
Posted at 01:18 PM by Howard Bashman


In Bashman news from China: The South China Morning Post reports that "Uniformed officers in China bash man on the street for failing to produce his ID."
Posted at 01:12 PM by Howard Bashman


"Supreme Court Nominee Leads Ceremony for School Where He Tutors": Mark Walsh has this post at the "School Law" blog of Education Week. The publication has also posted on YouTube this video of the U.S. Supreme Court nominee's remarks.

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Merrick Garland's Advice To 5th Graders: 'Be The Brave One.'"
Posted at 10:22 AM by Howard Bashman



This morning, SCOTUS defeated "SCOTUSblog": This morning, for the first time in my experience, the web site of the U.S. Supreme Court provided access to a newly issued decision before the issuance of the decision was even mentioned on the opinions live blog of "SCOTUSblog." For those of us who were wondering when the Court would finally make its own web site the preeminent source for learning first about newly issued rulings, that day seems to have arrived.
Posted at 10:18 AM by Howard Bashman


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

1. Justice Elena Kagan delivered the opinion for a unanimous Court in Kirtsaeng v. John Wiley & Sons, Inc., No. 15-375. You can access the oral argument via this link.

2. Justice Clarence Thomas delivered the opinion for a unanimous Court in Kingdomware Technologies, Inc. v. United States, No. 14-916. You can access the oral argument via this link.

3. And Justice Thomas delivered the opinion for a unanimous Court in Universal Health Services, Inc. v. United States ex rel. Escobar, No. 15-7. You can access the oral argument via this link.
Posted at 10:03 AM by Howard Bashman



Justice Funke: Fans of "Arrested Development," and those who simply prefer their appellate jurisprudence a bit more funky, will be pleased to hear The Associated Press is reporting that "Governor names Jeffrey Funke to Nebraska Supreme Court."

And in other coverage, Emily Nohr of The Omaha World-Herald reports that "Ricketts appoints Otoe County judge to Nebraska Supreme Court."
Posted at 08:36 AM by Howard Bashman



"Don't Bank On The Supreme Court To Clarify The Second Amendment Anytime Soon; The Orlando shooting may be on their minds, but the justices probably won't take up a new gun rights case for a while": Cristian Farias of The Huffington Post has this report.
Posted at 08:30 AM by Howard Bashman


Wednesday, June 15, 2016

"How Did I Get an Abortion in Texas? I Didn't." Valerie Peterson has this op-ed in today's edition of The New York Times.
Posted at 11:10 PM by Howard Bashman


"Porn, Copyright Law and a Raised Judicial Eyebrow": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 11:07 PM by Howard Bashman


"Alabama Supreme Court Justice Tom Parker files lawsuit to block potential suspension": Kent Faulk of The Birmingham News has this report.

And Brian Lyman of The Montgomery Advertiser reports that "Justice Tom Parker brings federal lawsuit against JIC."
Posted at 10:00 PM by Howard Bashman



"Net Neutrality Upheld as the Law of the Web": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 08:35 PM by Howard Bashman


"Can Gun Control Still Pass Muster in the Supreme Court?" The New York Times has posted online today this "Room for Debate" discussion.
Posted at 05:58 PM by Howard Bashman


"Third Circuit recusal procedure, the basics and beyond": Matthew Stiegler has this post today at his "CA3blog."
Posted at 03:57 PM by Howard Bashman


"The Problem With Congress Might Not Be Fixable": Law professor Cass R. Sunstein has this essay online today at Bloomberg View.
Posted at 03:54 PM by Howard Bashman


"Tiny lakefront lot sparks Supreme Court showdown": Robin Bravender of Greenwire has this report.
Posted at 03:51 PM by Howard Bashman


"A dysfunctional Supreme Court: Get used to it." Law professor Herman Schwartz and William Yeomans have this essay online today at Reuters.
Posted at 02:30 PM by Howard Bashman


"9th Circuit Upholds Ministers' Pot Convictions": Courthouse News Service has a report that begins, "Federal law does not protect the right of two ministers of the Hawaii Cannabis Ministry to distribute large amounts of marijuana for their religious practices, the Ninth Circuit ruled Tuesday."

You can access yesterday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:50 PM by Howard Bashman



"Merrick Garland tells 5th-grade graduates to work hard: 'Dreams don't come true by magic.'" Perry Stein of The Washington Post has this report.

And The Associated Press reports that "Garland speaks at school where he tutors kids."
Posted at 01:42 PM by Howard Bashman



The most delicious pork chop is apparently no guarantee of a lawful waitperson tip distribution policy: Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued this decision.
Posted at 01:28 PM by Howard Bashman


"Appeals Court Saves SEC's Rule Changes Boosting Crowdfunded Movies; A ruling means investments won't be restricted to those with enough financial wealth or sophistication to put up money": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter reporting on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued yesterday.
Posted at 01:04 PM by Howard Bashman


"Supreme Court Makes Hash of U.S. Tribal Law": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 11:14 AM by Howard Bashman


"The 2016 election's effect on the Supreme Court": Law professor Laura E. Little has this essay online today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:12 AM by Howard Bashman


"Cass Sunstein: The World According to Star Wars." The National Constitution Center has posted this video online at YouTube.
Posted at 11:10 AM by Howard Bashman


"Trump Says Federalist Society Will Pick His Judges For Him": Melissa Maleske of Law360.com has this report (subscription required for full access).
Posted at 11:02 AM by Howard Bashman


Reconstituted Supreme Court of Pennsylvania rejects challenge to its own reconstitution: In April 2013, Daniel Denvir reported in Philadelphia City Paper that "Philly's Power Players Bombard City Newspapers With Libel Suits."

A discovery-related issue arising in one of the lawsuits discussed in that article eventually reached the Supreme Court of Pennsylvania. However, for various reasons (some of which this blog has already exhaustively covered), at one point Pennsylvania's highest court consisted of only two Justices who were not recused from the case. Perceiving the lack of a quorum, those two Justices issued an order dismissing the case. Soon thereafter, however, the same two Justices reversed course and reinstated the case.

And that's where things get more interesting. Apparently for the first time in the long history of the Pa. Supreme Court -- a judicial institution that dates back to 1722 -- the court initiated a procedure that resulted in the call-up of five judges serving on Pennsylvania's two intermediate appellate court to constitute a full, seven-member Pa. Supreme Court to decide this case and this case only.

Yesterday, by a vote of 4-to-3, the specially constituted Pa. Supreme Court ruled that the discovery-related issue that was at the heart of the appeal did not qualify for immediate appellate review under Pennsylvania's formulation of the collateral order doctrine. Before reaching that result, however, the court held by a vote of 7-to-0 that the procedures for calling up five intermediate appellate court judges to enable a decision in this appeal were lawful.

Yesterday's ruling consists of a per curiam opinion of the court, a concurring statement, an opinion concurring in part and dissenting in part on a separate procedural issue, and three opinions dissenting from the court's conclusion that collateral order jurisdiction was lacking (here, here, and here).

The en banc ruling of the Superior Court of Pennsylvania that yesterday's Pa. Supreme Court decision orders vacated for lack of appellate jurisdiction can be accessed here.

In the MediaLawLetter of the Media Law Resource Center, attorneys Amy B. Ginensky, Kaitlin M. Gurney, and Eli Segal -- all three of whom served as counsel for defendant-appellee in the Pa. Superior Court -- reported on the Pa. Superior Court's en banc ruling in an article headlined "Camera-Shy Public-Figure Defamation Plaintiff Must Sit for His Video Deposition; No First Amendment Right to Keep Private Information Provided Through Discovery."
Posted at 10:52 AM by Howard Bashman



"What should we think about Donald Trump's thoughts about judges?" Judge Kevin S. Burke has this essay online today at MinnPost.
Posted at 10:27 AM by Howard Bashman


"Gay Mexican Asylum-Seeker Wins Rehearing": Pamela A. MacLean has this post at her "Trial Insider" blog.

And Courthouse News Service reports that "HIV-Positive Immigrant Faces En Banc Hearing."

You can access yesterday's order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link. The original three-judge panel's now vacated 2-to-1 ruling in the case from November 2015 can be accessed here.
Posted at 10:24 AM by Howard Bashman



"Journalist asks appeals court for reprieve in hacking case": Josh Gerstein of Politico.com has this blog post today.
Posted at 10:14 AM by Howard Bashman


Tuesday, June 14, 2016

"Jesse Ventura's First Amendment Lesson": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 11:07 PM by Howard Bashman


"Eight-member Supreme Court faces three hot-button issues": Richard Wolf of USA Today has this report.
Posted at 11:04 PM by Howard Bashman


"Slow Walk to High Court Best Tactic for Net Neutrality Foes": Bloomberg News has this report.
Posted at 10:24 PM by Howard Bashman


"Feds fight journalist's release pending appeal in hacking case": Josh Gerstein of Politico.com has this blog post.
Posted at 09:33 PM by Howard Bashman


"Judge to rule within 2 weeks on request to block abortion law": Stephanie Wang of The Indianapolis Star has this report.
Posted at 07:55 PM by Howard Bashman


"Markel case leaks into state attorney race": Karl Etters of The Tallahassee Democrat has an article that begins, "The Dan Markel murder investigation has bled into the political arena with one state attorney candidate calling the rift between prosecutors and police a 'consistent problem.'"
Posted at 07:52 PM by Howard Bashman


"What It Is Like to Like: Art and taste in the age of the Internet." Louis Menand has this book review in the June 20, 2016 issue of The New Yorker.
Posted at 07:46 PM by Howard Bashman


"Notorious porn copyright troll committed 'fraud on courts' -- 9th Circuit": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 04:52 PM by Howard Bashman


"What's Really Standing in the Way of Gun Control": Online at The New Yorker, Jeffrey Toobin has a post that begins, "After the Supreme Court decided District of Columbia v. Heller, in 2008, it appeared that all attempts at gun control might be doomed, as a matter of constitutional law, for the foreseeable future."
Posted at 04:13 PM by Howard Bashman


"High court to consider whether to hear assault weapons ban challenge": Richard Wolf of USA Today has this report.
Posted at 03:02 PM by Howard Bashman


"Is there a constitutional right to have a rapidly firing assault gun?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:46 PM by Howard Bashman


"Court Backs Rules Treating Internet as Utility, Not Luxury": Cecilia Kang of The New York Times has this report.

Jim Puzzanghera of The Los Angeles Times reports that "Court upholds net neutrality rules for Internet access."

John D. McKinnon and Brent Kendall of The Wall Street Journal report that "FCC's Net-Neutrality Rules Upheld by Appeals Court; Industry appeals to Supreme Court are likely."

Mike Snider of USA Today reports that "Federal court upholds FCC's net neutrality rules."

Bloomberg News reports that "Obama's Web Rules Upheld in Win for Google, Loss for AT&T."

Reuters reports that "U.S. court backs landmark Obama internet equal-access rules."

Dana Liebelson and Cristian Farias of The Huffington Post report that "Appeals Court Hands Obama Administration Major Win In Net Neutrality Case; Under the law, broadband internet providers 'must treat all internet traffic the same regardless of source.'"

And Jon Brodkin of Ars Technica reports that "Tom Wheeler defeats the broadband industry: Net neutrality wins in court; Total victory for FCC as appeals court decision upholds net neutrality order."
Posted at 01:38 PM by Howard Bashman



"Supreme Court Rejects Puerto Rico Law in Debt Restructuring Case": Adam Liptak and Mary Williams Walsh have this article in today's edition of The New York Times.

Jess Bravin of The Wall Street Journal reports that "Supreme Court Strikes Down Puerto Rico Debt-Restructuring Law; Court rules Congress excluded the island from filing municipal bankruptcy to restructure debts."

Richard Wolf of USA Today reports that "Supreme Court denies Puerto Rico debt relief."

At "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: Puerto Rico's debt woes left to Congress."

And in commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled "Supreme Court Affirms That Puerto Rico Is Really a U.S. Colony."
Posted at 01:24 PM by Howard Bashman



"Supreme Court Makes It Easier for Patent Holders to Win More in Damages; Ruling overturns lower court that made it difficult to wrest large awards from copycats": Brent Kendall of The Wall Street Journal has this report.

Greg Stohr of Bloomberg News reports that "U.S. Supreme Court Eases Way for Larger Patent Damage Awards."

Reuters reports that "Stryker, Halo to get second chance at enhanced patent damages."

And in commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled "Supreme Court Asserts Itself and Patent Trolls Win."
Posted at 01:14 PM by Howard Bashman



"Supreme Court reinstates conviction of domestic abuser in Indian country": Robert Barnes of The Washington Post has this report.
Posted at 01:06 PM by Howard Bashman


"U.S. appeals court rejects challenge to Obama net neutrality rules": Lawrence Hurley of Reuters has this early report.

And The Associated Press reports that "Court upholds net neutrality rules on equal internet access."

I have posted online at this link today's 184-page ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.
Posted at 10:28 AM by Howard Bashman



"Working class hero? Tom Brady aims for the Supreme Court." ESPN.com legal analyst Lester Munson has this report today.
Posted at 10:24 AM by Howard Bashman


Access online the contents of the June 2016 issue of the Harvard Law Review: Via this link.

Therein, D.C. Circuit Judge Brett M. Kavanaugh has a book review titled "Fixing Statutory Interpretation."

Among the "Recent Cases" notes are "In re Tam: Federal Circuit Holds the Lanham Act's Antidisparagement Provision Unconstitutional"; "Bible v. United Student Aid Funds, Inc.: Seventh Circuit Defers to Department of Education Amicus Brief Interpreting Student Loan Regulations": and "Lenz v. Universal Music Corp.: Ninth Circuit Requires Analysis of Fair Use Before Issuing of Takedown Notices."

And online at the Harvard Law Review Forum, Second Circuit Chief Judge Robert A. Katzmann -- whose book Judge Kavanaugh was reviewing -- has an essay titled "Response to Judge Kavanaugh's Review of Judging Statutes."
Posted at 10:18 AM by Howard Bashman



"Where John Ashcroft and Merrick Garland meet": Gabe Roth has this essay online at The St. Louis Post-Dispatch.
Posted at 10:04 AM by Howard Bashman


Access online most of the contents of the Spring 2016 issue of The Green Bag: Via this link.

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

And Senior U.S. District Judge D. Brock Hornby (D. Me.) has an article titled "Chief Justices of the United States in Maine," which sounds like it could serve as the premise for a new series of bobblehead dolls.
Posted at 10:02 AM by Howard Bashman



"Federal inmates sentenced for crack can seek reduced sentences": Bob Egelko of The San Francisco Chronicle has this report. According to the article, "The disputed issue in the * * * case was the effect of a 2011 U.S. Supreme Court ruling reducing the crack sentence of another inmate. Four justices voted for potential reductions in all such cases, four voted for none, and the ninth, Sonia Sotomayor, agreed to reductions in specific types of cases, including the one the justices were considering."

And Courthouse News Service reports that "Ninth Circuit Tackles Sentencing Disparities."

You can access yesterday's ruling of an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

The second paragraph of the majority opinion in yesterday's ruling begins, "Revisiting Freeman and our application of Marks to fractured Supreme Court opinions, we hold that where we can identify no rationale common to a majority of the Justices, we are bound only by the result."
Posted at 09:55 AM by Howard Bashman



"The Second Amendment Hoax: How the NRA and conservatives have perverted the meaning of the right to bear arms." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:44 AM by Howard Bashman


"Wolf names upstate judge to Pa. high court": Angela Couloumbis has this article in today's edition of The Philadelphia Inquirer.

And Jan Murphy of The Patriot-News of Harrisburg, Pennsylvania reports that "Wolf unveils slate of nominees to fill 30 judicial openings including six on appellate courts."

Yesterday, Pennsylvania Governor Tom Wolf issued a news release titled "Governor Wolf, Senate Leaders Announce Slate of Judicial Nominations."

Included among the nominees for the Superior Court of Pennsylvania -- one of Pennsylvania's two intermediate appellate courts -- is Philadelphia-based appellate attorney Carl A. Solano.
Posted at 08:27 AM by Howard Bashman



"The Judge Garland Oversight": The New York Sun has posted this editorial online.
Posted at 07:50 AM by Howard Bashman


Monday, June 13, 2016

"Federal courts are quietly allowing gun control -- and SCOTUS is letting them": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 09:50 PM by Howard Bashman


"Judge Garland Stumbles Over The Venice Post Office": Jim Smith of The Free Venice (Calif.) Beachhead has this report.

To his credit, however, at least Garland didn't cut off the post office during a footrace at summer camp.
Posted at 08:36 PM by Howard Bashman



"4th Cir.'s Floyd at Forefront of Social Justice Rulings": Patrick Gregory of Bloomberg BNA has this report.
Posted at 08:30 PM by Howard Bashman


"Study Calls Snub of Obama's Supreme Court Pick Unprecedented": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 08:24 PM by Howard Bashman


Programming note: In connection with the oral argument of a post-trial motion in a case on which I am working as appellate counsel, I will be out of the office this afternoon. Additional posts will appear here tonight.
Posted at 01:40 PM by Howard Bashman


"Gun Laws and Terrorism: An American Nightmare." John Cassidy has this post online today at The New Yorker.
Posted at 01:38 PM by Howard Bashman


"Home Free: How a New York State prisoner became a jailhouse lawyer, and changed the system." Jennifer Gonnerman has this article in the June 20, 2016 issue of The New Yorker.
Posted at 01:35 PM by Howard Bashman


"Court overturns verdict in Ventura defamation case; Appeals court throws out $1.8M judgment and orders new trial on defamation claim": Randy Furst of The Minneapolis Star Tribune has this report.

Marino Eccher of The Pioneer Press of St. Paul, Minnesota reports that "Jesse Ventura's $1.8M award tossed out in 'American Sniper' case."

Jonathan Stempel of Reuters reports that "U.S. appeals court voids Ventura award in 'Sniper' case."

And The Associated Press reports that "Court vacates $1.8M Ventura award in 'American Sniper' case."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 01:20 PM by Howard Bashman



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

1. Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in United States v. Bryant, No. 15-420. Justice Clarence Thomas issued a concurring opinion. You can access the oral argument via this link.

2. Justice Thomas delivered the opinion of the Court in Puerto Rico v. Franklin Cal. Tax-Free Trust, No. 15-233. Justice Sonia Sotomayor issued a dissenting opinion, in which Justice Ginsburg joined. Justice Samuel A. Alito, Jr. did not participate in the decision. You can access the oral argument via this link.

3. And Chief Justice John G. Roberts, Jr. delivered the opinion for a unanimous Court in Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513. Justice Stephen G. Breyer issued a concurring opinion, in which Justices Anthony M. Kennedy and Alito joined. You can access the oral argument via this link.

Update: In early news coverage, The Associated Press reports that "High court rules against Puerto Rico in debt case" and "Court upholds law aimed at domestic violence on tribal lands."

Lawrence Hurley of Reuters reports that "Top court tosses Puerto Rico's debt restructuring law."

And Greg Stohr of Bloomberg News reports that "Puerto Rico Debt-Restructuring Law Voided by U.S. High Court."
Posted at 10:05 AM by Howard Bashman



"Toomey's stance on Justice Scalia's replacement could be troublesome for his reelection bid": Columnist Chris Brennan of The Philadelphia Inquirer has this essay online today.
Posted at 09:42 AM by Howard Bashman


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

In early news coverage, The Associated Press reports that "High Court won't hear dispute over birthright citizenship."
Posted at 09:32 AM by Howard Bashman



Sunday, June 12, 2016

"Abortion providers, opponents brace for U.S. high court decision": Lawrence Hurley of Reuters has this report.
Posted at 07:52 PM by Howard Bashman


"From Texas, Two Dubious Death Cases for Justices": Kenneth Jost has this post today at his blog, "Jost on Justice."
Posted at 10:34 AM by Howard Bashman


"Two Wins for Gun Control Buck the U.S. Legal Trend": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 10:28 AM by Howard Bashman


"Trump's criticism of judge unwarranted and dangerous": U.S. District Judge John E. Jones III (M.D. Pa.) has this op-ed in today's edition of The Philadelphia Inquirer.
Posted at 10:25 AM by Howard Bashman


"Emails reveal rift between TPD, SAO in Markel case": Sean Rossman has this front page article in today's edition of The Tallahassee Democrat.
Posted at 09:27 AM by Howard Bashman


Saturday, June 11, 2016

"America's Appellate Lawyer Recaps 5 Years of Legal 'High Drama'": Adam Liptak will have this article in Sunday's edition of The New York Times.
Posted at 10:32 PM by Howard Bashman


"Supreme Court clarifies Canada's bestiality law with ruling": Gloria Galloway of The Toronto Globe and Mail has an article that begins, "The parliamentarians who wrote Canada's bestiality law understood the word to imply the physical penetration of an animal, and it is not the role of jurists to broaden the definition to include other acts, the country's top court ruled Thursday."

John Paul Tasker of CBC News reports that "Supreme Court's bestiality ruling prompts call to change 'archaic' animal welfare laws."

The Canadian Press has reports headlined "Supreme Court: Crime Of Bestiality Limited To Penetration" and "Animal-rights advocates call for stronger laws after high court's bestiality ruling; Ruling rejects notion that the offence encompasses any sexual activity between a person and an animal."

Ethan Lou of Reuters has a report headlined "Most animal sex acts not against Canada's bestiality law: court."

And Ken Shepherd of The Washington Times reports that "Canadian high court throws out sex offender's bestiality conviction; Rules penetration necessary to charge with offense."

You can access Thursday's ruling of the Supreme Court of Canada at this link.
Posted at 09:00 PM by Howard Bashman



"NC cyberbully law unconstitutional, NC Supreme Court says": Anne Blythe has this front page article in today's edition of The News & Observer of Raleigh, North Carolina.

And today at "The Volokh Conspiracy," Eugene Volokh has a post titled "N.C. court strikes down ban on posting 'personal or sexual information' about minors 'with the intent to torment.'"

You can access yesterday's ruling of the Supreme Court of North Carolina at this link.
Posted at 05:40 PM by Howard Bashman



"A Mensch on the Bench: A judicial temperament involves many qualities; For Merrick Garland '77, patience is one of them." This article appears in the Spring 2016 issue of the Harvard Law Bulletin.
Posted at 05:30 PM by Howard Bashman


"Pa. Superior Court Judge Sallie Mundy expected to receive Supreme Court nod": Charles Thompson of The Patriot-News of Harrisburg, Pennsylvania has an article that begins, "Gov. Tom Wolf is expected next week to nominate Superior Court Judge Sallie Updyke Mundy to fill the vacancy on the Pennsylvania Supreme Court created by the resignation of former Justice J. Michael Eakin."
Posted at 05:26 PM by Howard Bashman


"Former Qwest CEO Nacchio Wins $18 Million Tax Refund Ruling In Court": Denver's CBS4 had this report back in April 2015.

Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued a decision reversing the refund entitlement ruling.
Posted at 03:00 PM by Howard Bashman



"Pulling Back the Curtain: How Richard Lazarus explored the Supreme Court's inner workings and prompted a change in how it operates." This article appears in the Spring 2016 issue of the Harvard Law Bulletin.
Posted at 01:34 PM by Howard Bashman


"Mystery endures: What we don't know about the Markel investigation." Karl Etters of The Tallahassee Democrat has this report.
Posted at 01:23 PM by Howard Bashman


"Puerto Rico Criticizes Supreme Court's Decision on Sovereignty; High court ruled island is arm of U.S. federal government for criminal prosecution purposes; governor to seek to raise issue with U.N. panel on decolonization": Jess Bravin of The Wall Street Journal has this report.
Posted at 12:15 PM by Howard Bashman


"What Would Brandeis Do? One hundred years have passed since Louis Brandeis joined the Supreme Court, but his legal writing remains as relevant as ever." Slate has today posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 09:44 AM by Howard Bashman


"Oregon court allows person to change sex from 'female' to 'non-binary'": Casey Parks of The Oregonian has this report.
Posted at 08:50 AM by Howard Bashman


"Serious About Standing: The Court Should Dismiss Two Out of the Three Major Cases Left": Eric Segall has this post today at "Dorf on Law."
Posted at 08:40 AM by Howard Bashman


Friday, June 10, 2016

"Appeals courts agree on concealed weapons ban restrictions": The Associated Press has this report.
Posted at 11:40 PM by Howard Bashman


"Uber and Strippers Have Something in Common": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 10:40 PM by Howard Bashman


"The First Amendment Gone Wild": Online at Bloomberg View, law professor Noah Feldman has an essay that begins, "In a decision that begs to be characterized as 'First Amendment gone wild,' an appeals court has all but struck down a 1988 law that requires pornographers to maintain records showing that actors aren't underage."
Posted at 10:37 PM by Howard Bashman


"Constitution Check: Is the transgender rights case a big test for the bureaucracy?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:33 PM by Howard Bashman


"Hillary Clinton and Donald Trump Duel Over High Court and Abortion; Democratic and Republican presidential candidates give voters starkly different choices in speeches to core constituencies": Janet Hook, Laura Meckler, and Beth Reinhard of The Wall Street Journal have this report.

You can freely access the full text of the article via Google.
Posted at 09:46 PM by Howard Bashman



"Why Judge Curiel May Be Donald Trump's Best Friend": Nat Hentoff and Nick Hentoff have this essay at Cato.org.

And at his "Litigation & Trial" blog, Max Kennerly has a post titled "The Details Of Judge Curiel's Trump University Orders."
Posted at 09:38 PM by Howard Bashman



"Federal Prisoner Who Blogged For HuffPost Has No First Amendment Rights, Court Rules; He was punished for writing about a secretive prison where he spent years in isolation": Cristian Farias of The Huffington Post has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued on Tuesday.
Posted at 09:20 PM by Howard Bashman


"Cuomo v. Citizens United": Today's edition of The New York Times contains an editorial that begins, "The Supreme Court's 2010 decision in Citizens United, which opened the floodgates to the buying and selling of elections, is a ruling Democrats love to deplore but nobody ever seems able to do anything about."
Posted at 08:22 PM by Howard Bashman


"Gawker, Filing for Bankruptcy After Hulk Hogan Suit, Is for Sale": Sydney Ember of The New York Times has an article that begins, "Gawker Media, under pressure from a $140 million legal judgment and facing a determined foe in the Silicon Valley billionaire Peter Thiel, has filed for Chapter 11 bankruptcy and is putting itself up for sale."
Posted at 08:20 PM by Howard Bashman


"Court considers status of Pennsylvania's judge retirement age ballot issue": The Associated Press has this report.
Posted at 08:17 PM by Howard Bashman


"Boyce F. Martin Jr., Liberal U.S. Judge in Seminal Cases, Dies at 80": This obituary, written by Sam Roberts, appears in today's edition of The New York Times.
Posted at 04:12 PM by Howard Bashman


"Term went from 'sleepy' to stunning": Robin Bravender of Greenwire today has an article that begins, "A Supreme Court term that started off as lackluster for environmental law enthusiasts has turned out to be one for the history books."
Posted at 04:08 PM by Howard Bashman


"Supreme Court Ruling Counters Pennsylvania Judge on Recusal": Adam Liptak has this article in today's edition of The New York Times.

Robert Barnes of The Washington Post reports that "Supreme Court rules for Pa. death row inmate in judge-recusal case."

Richard Wolf of USA Today has an article headlined "Supreme Court: Judge can't rule on a case he helped prosecute."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Throws Out Death Sentence Over Judge Who Had Prosecuted Case; By 5-3 vote, justices say risk of bias violated defendant's constitutional rights." You can freely access the full text of the article via Google.

Jan Murphy of The Patriot-News of Harrisburg, Pennsylvania reports that "Death row inmate Terrence Williams gets another chance to spare his life."

Ariane de Vogue of CNN.com has a report headlined "Supreme Court: Judge should recuse himself in death penalty case."

Chris Geidner of BuzzFeed News reports that "Supreme Court Orders Recusal Of Judges With 'Significant' Involvement In Cases As Prosecutors."

Cristian Farias of The Huffington Post reports that "Supreme Court Says Judge Should Never Have Ruled In Death Row Case He Once Prosecuted."

Alan Yuhas of The Guardian (UK) reports that "Supreme court rules in favor of death row inmate in judge's recusal case; Justices voted 5-3 that former Pennsylvania judge Ronald Castille was biased because he approved the inmate's prosecution almost 30 years ago."

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Overturns Death Sentence In Judge Recusal Case."

In commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled "Here's How Far Some Justices Go to Defend the Death Penalty."

Columnist John L. Micek of The Patriot-News of Harrisburg, Pennsylvania has an essay titled "The U.S. Supreme Court made the right call in Pa. death row case."

Online at Slate, Dahlia Lithwick has a jurisprudence essay titled "Real Bias: Lessons for Donald Trump from the Supreme Court's latest judicial recusal ruling."

At the "Taking Note" blog of The New York Times, Jesse Wegman has a post titled "Paging Donald Trump: This Is What Judicial Bias Looks Like."

And Ian Millhiser of ThinkProgress has a post titled "This Is What A Real Case Of Judicial Bias Looks Like."
Posted at 01:37 PM by Howard Bashman



"College dorms a new front in U.S. battle over transgender rights": Reuters has this report.
Posted at 01:12 PM by Howard Bashman


"Jared Fogle's sentence upheld by federal appeals court": Kristine Guerra of The Indianapolis Star has this report.

And Reuters reports that "Sentence upheld for former Subway pitchman Fogle in child porn case."

You can access yesterday's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 08:12 AM by Howard Bashman



"2nd Amendment Does Not Guarantee Right to Carry Concealed Guns, Court Rules": Adam Nagourney and Erik Eckholm have this article in today's edition of The New York Times.

In today's edition of The San Francisco Chronicle, Bob Egelko has a front page article headlined "No constitutional right to carry guns in public, court rules."

In today's edition of The San Diego Union-Tribune, Kristina Davis and Dana Littlefield have a front page article headlined "Court finds no automatic right to concealed weapons; Federal appeals court says California counties may require specific reasons for gun carry permits."

In today's edition of The Sacramento Bee, Sam Stanton and Denny Walsh have a front page article headlined "Appeals court upholds Yolo restriction on concealed weapon permits."

And The Associated Press reports that "Ruling on concealed weapons keeps applications on hold."

My earlier coverage of yesterday's en banc Ninth Circuit ruling can be accessed here.
Posted at 08:06 AM by Howard Bashman



Thursday, June 9, 2016

"Puerto Rico not sovereign, Supreme Court says": Richard Wolf of USA Today has this report.

Lawrence Hurley of Reuters reports that "U.S. top court deals blow to Puerto Rico sovereignty claim."

At WSJ.com's "Law Blog," Jess Bravin has a post titled "Puerto Rico Loses at Double Jeopardy Before the Supreme Court."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: Setback for Puerto Rico's independent powers."
Posted at 11:15 PM by Howard Bashman



"The Murder Of Dan Markel: Wendi Adelson Speaks (Part 3)." David Lat has this post this evening at "Above the Law."
Posted at 08:37 PM by Howard Bashman


"1st Circuit to decide who owns copyrights on Ripoff Report reviews": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 04:58 PM by Howard Bashman


"Why should we care about speech restrictions at private universities?" Sasha Volokh has this post today at "The Volokh Conspiracy."
Posted at 03:29 PM by Howard Bashman


"N.J. Supreme Court hands Christie big win on pensions": Samantha Marcus of NJ.com has this report.

Salvador Rizzo of The Record of Hackensack, New Jersey reports that "NJ Supreme Court hands Christie win in pension suit."

Andrew Seidman of The Philadelphia Inquirer reports that "N.J. high court sides with Christie on pension suit."

The Associated Press reports that "New Jersey's top court hands Christie win in pension suit."

And at his "New Jersey Appellate Law" blog, Bruce D. Greenberg has a post titled "Public Employees Lose Again, as Supreme Court Upholds Suspension of Pension Cost of Living Adjustments."

You can access today's ruling of the Supreme Court of New Jersey at this link.
Posted at 01:45 PM by Howard Bashman



"American Samoans seek full citizenship in Supreme Court appeal": David G. Savage of The Los Angeles Times has this report.
Posted at 01:32 PM by Howard Bashman


"California voters to have a say, sort of, over Citizens United": Bob Egelko of The San Francisco Chronicle has an article that begins, "Gov. Jerry Brown cleared the way Wednesday for Californians to vote in November on whether to urge their congressional representatives to approve a constitutional amendment repealing the U.S. Supreme Court's Citizens United decision, which allowed corporations to spend unlimited amounts on political campaigns."
Posted at 01:30 PM by Howard Bashman


"California's Strict Concealed-Gun Rules Restored by Court": Bloomberg News has this report.

Maura Dolan and Brittny Mejia of The Los Angeles Times report that "Californians don't have automatic right to carry concealed weapons in public, appeals court says."

Courthouse News Service reports that "En Banc 9th Circuit Upholds Tough California Gun Laws."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Court: No Right to Carry Concealed Weapons in Public."

You can access today's 7-to-4 en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:23 PM by Howard Bashman



"Supreme Court says judges must step aside from cases they once prosecuted": David G. Savage of The Los Angeles Times has this report.

Jeremy Roebuck of The Philadelphia Inquirer has an article headlined "U.S. Supreme Court: Castille should have recused himself from Pa. death row case."

Lawrence Hurley of Reuters reports that "Top court says judge should have stepped aside in death penalty case."

And Max Mitchell of The Legal Intelligencer has an article headlined "Castille: Supreme Court's Recusal Ruling 'Short-Sighted.'"
Posted at 01:14 PM by Howard Bashman



"A look at the abortion case before the Supreme Court, by the numbers": Molly Hennessy-Fiske of The Los Angeles Times has this report.
Posted at 01:05 PM by Howard Bashman


"Appeals court suspends ruling that cast doubt on D.C. gun control law": Ann E. Marimow of The Washington Post has an article that begins, "A federal appeals court has temporarily suspended an earlier ruling that cast doubt on the constitutionality of a key provision of the District's gun control law."

You can view yesterday's unanimous order of a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:02 PM by Howard Bashman



"Kavanaugh: 3 Scalia Dissents Will Become Law of Land": Patrick Gregory of Bloomberg BNA has this report.
Posted at 11:30 AM by Howard Bashman


"Donald Trump, Professor Tushnet and the Incredible Disappearing Rule of Law": Evan Bernick has this blog entry online today at The Huffington Post.
Posted at 10:52 AM by Howard Bashman


"Resolved: The President Has Usurped the Constitutional Power of Congress." You can view the video of last night's Intelligence Squared U.S. Debate, co-hosted by the National Constitution Center, via this link.

Participating in the debate were Michael McConnell, Carrie Severino, Adam Cox, and Eric Posner.
Posted at 10:46 AM by Howard Bashman



"The Law of Interpretation": Law professors William Baude and Stephen E. Sachs have posted this article online at SSRN.
Posted at 10:40 AM by Howard Bashman


"Sacramento legal giant Quin Denvir dead at 76": The Sacramento Bee recently published this obituary, written by Marjie Lundstrom and Sam Stanton.

The obituary begins, "Quin Denvir, the longtime federal defender in Sacramento who campaigned against the death penalty and orchestrated a deal that kept Unabomber Theodore Kaczynski off death row, died Friday in Sacramento. He was 76."
Posted at 10:35 AM by Howard Bashman



"Prisoner Case Underscores Justice Scalia's Legacy": Law professor Michael C. Dorf has this essay at Justia.com's Verdict.

And at his "Dorf on Law" blog, he has a related post titled "Does Textualism Have a Bias?"
Posted at 10:23 AM by Howard Bashman



"Conservatives Say They Want Another Antonin Scalia; They Really Want Another Sam Alito": Stephanie Mencimer has this article in the May/June 2016 issue of Mother Jones magazine.
Posted at 10:20 AM by Howard Bashman


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

1. Justice Elena Kagan delivered the opinion of the Court in Puerto Rico v. Sanchez Valle, No. 15-108. Justice Ruth Bader Ginsburg issued a concurring opinion, in which Justice Clarence Thomas joined. Justice Thomas issued an opinion concurring in part and concurring in the judgment. And Justice Stephen G. Breyer issued a dissenting opinion, in which Justice Sonia Sotomayor joined. You can access the oral argument via this link.

2. Justice Sonia Sotomayor delivered the opinion of the Court in Dietz v. Bouldin, No. 15-458. Justice Thomas issued a dissenting opinion, in which Justice Anthony M. Kennedy joined. You can access the oral argument via this link.

3. And Justice Kennedy delivered the opinion of the Court in Williams v. Pennsylvania, No. 15-5040. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justice Samuel A. Alito, Jr. joined. 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 "Justices find judicial bias in Pennsylvania death-row case"; "Supreme Court says judges can recall discharged juries"; and "Justices rule against Puerto Rico in fight over criminal law."
Posted at 10:02 AM by Howard Bashman



"The Investigation and your right to know": The Tallahassee Democrat has an editorial that begins, "There may be a time and place to comment on the horrors of the Dan Markel murder case. At some point, there will be shame to cast on those convicted. And there will be plaudits to grant to those who solved this heinous crime. But not now, not yet, while the investigation is ongoing."
Posted at 09:57 AM by Howard Bashman


"The Senate's Confirmation Shutdown": Today's edition of The New York Times contains an editorial that begins, "Remember Merrick Garland, the veteran federal judge President Obama nominated in mid-March to fill the Supreme Court vacancy left by the death of Justice Antonin Scalia?"

And in related news coverage, Marc Caputo and Seung Min Kim of Politico.com today have an article headlined "Rubio breaks silence on female judge; The GOP senator says Mary Barzee Flores, who's awaiting confirmation to a federal judgeship, was less than forthcoming."
Posted at 09:48 AM by Howard Bashman



"Judges must ask about youths' tribal status under new rule": The Associated Press has this report.
Posted at 09:44 AM by Howard Bashman


Wednesday, June 8, 2016

"The Murder Of Dan Markel: Wendi Adelson Speaks (Part 2)." David Lat has this post this evening at "Above the Law."
Posted at 11:11 PM by Howard Bashman


"O.C. judge who was censured for having sex in chambers wins reelection bid": Veronica Rocha of The Los Angeles Times has this report.
Posted at 11:09 PM by Howard Bashman


"Strippers Notch Significant Victory In Quest To Be Treated Fairly": Bryce Covert has this post at ThinkProgress about a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 11:05 PM by Howard Bashman


"Is it art? Only partly, court rules in case of bus-turned-ship burned to scrap." Sandra Chereb of The Las Vegas Review-Journal has this report.

And Dan Levine of Reuters reports that "Replica galleon at Burning Man festival not visual art, court says."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:00 PM by Howard Bashman



"3rd Circuit Vacates Ruling Holding 2257 Constitutional": Rhett Pardon of XBIZ Newswire has this report.

And Mark Kernes of AVN News reports that "After 3rd Hearing, 3rd Circuit Sends 2257 Case Back to Trial Judge."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 10:54 PM by Howard Bashman



"Why the Supreme Court Won't Impact Gun Rights: The Second Amendment has been vigorously protected by the elected branches of government -- don't look for the next Court to change that." Law professor Adam Winkler has this essay online at The Atlantic.
Posted at 10:26 PM by Howard Bashman


"Constitution Check: In deciding who may be executed, can judges ignore medical advances?" Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:23 PM by Howard Bashman


"Justice Clarence Thomas's Solitary Voice": Linda Greenhouse has this essay online at The New York Times.
Posted at 09:46 PM by Howard Bashman


"NC Supreme Court race likely to be a partisan battle": Anne Blythe of The News & Observer of Raleigh, North Carolina has an article that begins, "In a judicial race that is supposed to be nonpartisan, politics played a major role in when and why voters went to the polls Tuesday to narrow the field of candidates seeking a seat on the state's highest court."
Posted at 09:07 PM by Howard Bashman


"How the Class-Action System Works (and Doesn't)": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 09:00 PM by Howard Bashman


Programming note: Due to an out-of-the office event that I will be attending in south Philadelphia this afternoon, additional posts will appear here this evening.
Posted at 10:28 AM by Howard Bashman


"Adelson speaks on Markel's death in December podcast": Sean Rossman of The Tallahassee Democrat has this report.

David Lat had a related post yesterday evening at "Above the Law."
Posted at 09:26 AM by Howard Bashman



"Are American Samoans American?" Law professor Christina Duffy Ponsa has this op-ed in today's edition of The New York Times.
Posted at 09:21 AM by Howard Bashman


Tuesday, June 7, 2016

"Gov. Brown's parole measure can go on November ballot, state Supreme Court rules": In today's edition of The Los Angeles Times, Maura Dolan and Paige St. John have a front page article that begins, "Californians likely will be asked to decide in November whether to expand parole to thousands more inmates in what would be the state's biggest change in sentencing law in decades."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 10:24 PM by Howard Bashman



"Judge Delays Sanctions Against Justice Department in Immigration Case; Federal judge in Texas had concluded government lawyers misled him in an immigration case": Brent Kendall of The Wall Street Journal has this report.
Posted at 10:20 PM by Howard Bashman


"Grand jurors could take up Markel suspect's case": Karl Etters of The Tallahassee Democrat has this report.

Alex Harris of The Miami Herald has an article headlined "Divorce, gang ties, murder: Professor's death case fit for a movie plot."

And today at "Above the Law," David Lat has a post titled "The Murder Of Dan Markel: Wendi Adelson Speaks (Part 1)."
Posted at 08:34 PM by Howard Bashman



"Why Trump's Assault on the Judiciary Is the Most Dangerous Thing He's Done: The GOP presumptive nominee has already made a long step toward authoritarian rule." Stuart Taylor, Jr. has this essay online today at Politico Magazine.
Posted at 08:12 PM by Howard Bashman


"Free Speech on College Campuses: Attorney Howard Bashman spoke about the threats to free speech on college campuses and the consequences restriction on free speech could have for the future." C-SPAN has posted online at this link the video from my talk in January 2016 at the Emory University School of Law. The video features me and law professor Sasha Volokh.
Posted at 08:04 PM by Howard Bashman


"Actions speak louder than Trump: His own lawyer said 'the judge is doing his job' in Trump U. case." Michael Isikoff of Yahoo! News has this report, along with an article headlined "Trump's own lawyer in Trump U case is a Clinton donor."

And yesterday, Alison Frankel's "On the Case" from Thomson Reuters News & Insight had a post titled "Why Trump lawyers won't ask Trump University judge to step aside."
Posted at 05:46 PM by Howard Bashman



"Court tosses Michigan Blue Cross Blue Shield price-fixing settlement": Reuters has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 04:25 PM by Howard Bashman


"Divergent Paths: A Discussion of Richard Posner's New Book Included Debate, Candor -- and a Show Tune Parody." Becky Beaupre Gillespie of The University of Chicago Law School has this report.
Posted at 04:22 PM by Howard Bashman


Not a euphemism -- "U.S. prison inmate can sue over removal of marbles from penis": Reuters has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 04:15 PM by Howard Bashman


"Judge delays handover of immigrants' personal info": Josh Gerstein of Politico.com has a blog post that begins, "A judge has delayed a controversial order that the federal government provide the court with personal information on 50,000 immigrants who received quasi-legal status and work permits under an executive action program authorized by President Barack Obama."
Posted at 03:32 PM by Howard Bashman


"Virginia School Board To Seek Supreme Court Review In Trans Student's Case; The Gloucester County School Board is defending its policy restricting students to restrooms reflecting their 'biological gender'": Chris Geidner of BuzzFeed News has this report.

Moriah Balingit of The Washington Post reports that "School board plans to ask U.S. Supreme Court to hear transgender bathroom case."

And at "SCOTUSblog," Lyle Denniston has a post titled "School board heads to Court on transgender rights."
Posted at 03:25 PM by Howard Bashman



"Is a Life in Solitary 'Cruel and Unusual'? In Pennsylvania, the heart of solitary confinement reform, an intellectually disabled inmate says he's been held in wretched isolation for 36 years." Andrew Cohen has this essay online at The Marshall Project.
Posted at 03:10 PM by Howard Bashman


"Roy Moore gets additional time to reply to charges": Brian Lyman of The Montgomery Advertiser has an article that begins, "Alabama Chief Justice Roy Moore will get a little extra time to defend himself against charges that could lead to his second removal as head of the state's judicial system."

And Kent Faulk of The Birmingham News reports that "Alabama Chief Justice Roy Moore gets 2 extra weeks to respond to judicial ethics charges."
Posted at 01:40 PM by Howard Bashman



"For third time in 5 weeks, Supreme Court tells Alabama to reconsider death row case": Kent Faulk of The Birmingham News has this report.
Posted at 01:36 PM by Howard Bashman


"Fine legal point a hurdle as media seek Bridgegate plotters' names": In today's edition of The Philadelphia Inquirer, Andrew Seidman has an article that begins, "A federal appeals panel on Monday weighed First Amendment rights against the privacy interests of individuals who have not been charged with a crime, as it considered whether the names of unindicted accomplices in the George Washington Bridge lane-closing scandal should be provided to the news media."

You can access via this link (48.0 MB mp3 audio file) the audio of yesterday afternoon's oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit.
Posted at 01:32 PM by Howard Bashman



"Police investigate Florida State law professor's death as murder-for-hire plot with ties to divorce": T. Rees Shapiro has this entry today at the "Grade Point" blog of The Washington Post.
Posted at 01:24 PM by Howard Bashman


"FAN 111.1 (First Amendment News) Court Denies Review in Defamation Case -- Larry Tribe Counsel for Petitioner": Ronald K.L. Collins has this post at "Concurring Opinions." You can access the petition for writ of certiorari at this link.
Posted at 01:22 PM by Howard Bashman


"Hey, Trump, Justice Frankfurter Was 'Ethnic,' Too": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 01:20 PM by Howard Bashman


"Trump's Attack on Judge Curiel Is Not Only Racist; It threatens an independent judiciary, which aligns perfectly with what the GOP has done for years": Dahlia Lithwick has this jurisprudence essay online at Slate.

And at "Concurring Opinions," Sherrilyn Ifill has a post titled "The Long-Discredited Challenge to the Impartiality of Minority Judges."
Posted at 01:16 PM by Howard Bashman



Monday, June 6, 2016

"Bridgegate case: Who is 'John Doe'? Court remains mum on release of name." Tim Darragh of NJ.com has this report.

Paul Berger of The Record of Hackensack, New Jersey has an article headlined "New plea to keep GWB co-conspirator list private."

Bloomberg News reports that "N.J. Bridge-Conspiracy Figure Urges Judges to Keep Name Mum."

And The Associated Press reports that "Judges hear arguments over fate of bridge conspirators list."

When the audio of this afternoon's oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit becomes available online, I will link to it.
Posted at 11:38 PM by Howard Bashman



"Scratching the Veneer of 'Venireman'": In today's issue of Massachusetts Lawyers Weekly, Ken Bresler has an essay that begins, "When is a woman named Marilyn a man? When Justice Clarence Thomas calls her a 'venireman.'"
Posted at 11:30 PM by Howard Bashman


"The Supreme Court Needs to Settle Birthright Citizenship: An injustice in American Samoa shows how SCOTUS can end this controversy." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 07:44 PM by Howard Bashman


"Three Years Later: How Snowden Helped the U.S. Intelligence Community": Jack Goldsmith has this post today at the "Lawfare" blog.
Posted at 01:11 PM by Howard Bashman


"Justice Thomas May Be Writing Ruling in Puerto Rico Debt Case": Greg Stohr of Bloomberg News has this report.
Posted at 01:04 PM by Howard Bashman


"Supreme Court to Hear Two Death Penalty Cases": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Supreme Court will review sentences of two black death-row inmates."

Richard Wolf of USA Today reports that "Supreme Court will hear death penalty case on intellectual disability."

And Lawrence Hurley of Reuters reports that "Supreme Court to hear appeals by two black Texas death row inmates."
Posted at 12:58 PM by Howard Bashman



"A Harvard Professor Goes 'Star Wars' Crazy": Katherine Rosman had this article in the SundayStyles section of yesterdays edition of The New York Times.
Posted at 12:55 PM by Howard Bashman


"State high court sets the value of a pet killed by someone's negligence": Bill Rankin of The Atlanta Journal-Constitution has this report.

And The Associated Press has a report headlined "Court: Pet's value is market cost, not sentimental value."

You can access today's unanimous ruling of the Supreme Court of Georgia at this link.
Posted at 12:50 PM by Howard Bashman



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

1. Justice Elena Kagan delivered the opinion of the Court in Ross v. Blake, No. 15-339. Justice Clarence Thomas issued an opinion concurring in part and concurring in the judgment. And Justice Stephen G. Breyer issued an opinion concurring in part. You can access the oral argument via this link.

2. And Justice Sonia Sotomayor delivered the opinion for a unanimous Court in Simmons v. Himmelreich, No. 15-109. You can access the oral argument via this link.
Posted at 10:03 AM by Howard Bashman



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

In early news coverage, The Associated Press reports that "Justices to review claims from Texas death row inmates"; "Supreme Court to look at Virginia state house districts"; and "High court rejects Google's appeal in class action lawsuit."
Posted at 09:33 AM by Howard Bashman



Sunday, June 5, 2016

"Supreme Court Cases to Watch: Adam Liptak talked about how the U.S. Supreme Court was functioning with only eight members in light of the congressional gridlock over the vacant Supreme Court seat." Adam Liptak of The New York Times appeared on yesterday's broadcast of C-SPAN's "Washington Journal." You can view the video segment via this link.
Posted at 11:25 PM by Howard Bashman


"Waiting for next president, confirmations of federal trial judges stall": Spencer S. Hsu of The Washington Post has an article that begins, "An exodus of older judges has created a spike in vacancies at federal trial courts nationwide, intensifying complaints that election-year fights over ideological control of the bench now extend to lower-court appointments."
Posted at 10:09 PM by Howard Bashman


"Will eight justices become the new normal?" Law professor Laurence H. Tribe and Joshua Matz have this essay online at The Washington Post.
Posted at 05:46 PM by Howard Bashman


"POTUS election could have 'huge' impact on Mich. judges": Jennifer Chambers and Jim Lynch of The Detroit News have an article that begins, "They are both Michigan judges who clerked for a justice on the U.S. Supreme Court and have dedicated their lives to the law. The next step in their careers, depending on who wins the presidency in November, could be a job on the U.S. Supreme Court."
Posted at 05:37 PM by Howard Bashman


"On California's death row, too insane to execute": Paige St. John of The Los Angeles Times has this report.
Posted at 05:32 PM by Howard Bashman


"Justice Don Willett: Eight Ain't Enough for the Supreme Court." Texas Public Radio has posted online this audio segment featuring Justice Don R. Willett of the Supreme Court of Texas.
Posted at 05:30 PM by Howard Bashman


"Obama's Supreme Court Lawyer Helped Take Down DOMA And End Marriage Bans": Chris Geidner of BuzzFeed News has this report today.
Posted at 01:42 PM by Howard Bashman


"Sen. Marco Rubio blocks confirmation of judge he recommended": Jay Weaver of The Miami Herald has this report.
Posted at 01:38 PM by Howard Bashman


"Miami's condemned hope for new sentences as Florida Supreme Court weighs death penalty": David Ovalle has this front page article in today's edition of The Miami Herald.
Posted at 01:36 PM by Howard Bashman


"The Problem With Calling Out Judges for Their Race: Donald Trump has no legal justification for questioning Gonzalo Curiel." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 10:30 AM by Howard Bashman


"In Praise of Dissent: Supreme Court dissents are a relatively recent phenomena that have fundamentally changed the course of constitutional dialogue; Too bad justices aren't summoning much enthusiasm for them this term." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 10:23 AM by Howard Bashman


Saturday, June 4, 2016

"Trump has a right to ask if Judge Gonzalo Curiel is fair; If judges aren't seen as impartial, the public will lose faith in the rule of law": Alberto R. Gonzales has this essay online at The Washington Post.
Posted at 09:30 PM by Howard Bashman


"Is the Supreme Court's Role Overstated? In Engines of Liberty, David Cole trains a light on civil society as a more reliable agent of constitutional change." Michael O'Donnell has this book review online at The Nation.
Posted at 09:00 PM by Howard Bashman


"The Supreme Court Might Finally Take On Solitary Confinement: The court could announce Monday whether it will consider the long-term solitary confinement of a death row inmate." Stephanie Mencimer of Mother Jones has this report.
Posted at 08:55 PM by Howard Bashman


"Controversial school-funding rulings prompt crowded Supreme Court races": The News Tribune of Tacoma, Washington has this report.
Posted at 08:49 PM by Howard Bashman


"Task force urges end to elections of Arkansas Supreme Court justices; It advises ending justices' election": Spencer Willems of The Arkansas Democrat-Gazette has this report.
Posted at 08:42 PM by Howard Bashman


"Will Lin-Manuel Miranda Transform the Supreme Court?" Law professor Richard Primus has this essay online today at The Atlantic.
Posted at 08:40 PM by Howard Bashman


"Markel, Adelson sparred up to the end": Sean Rossman of The Tallahassee Democrat has this report.

Karl Etters of The Tallahassee Democrat reports that "Markel suspect was head of Miami gang tribe."

Rebeca Piccardo and Paula McMahon of The South Florida Sun Sentinel report that "New details in FSU law prof's murder show second suspect is South Florida Latin Kings gang leader."

And in commentary, columnist Byron Dobson of The Tallahassee Democrat has an essay titled "Markel case surely will satisfy our infatuation with crime: Why some crime cases grip our attention and others don't."
Posted at 08:17 PM by Howard Bashman



"U.S. escalates ethics battle with judge in immigration case": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 04:38 PM by Howard Bashman


"Effort to undo TABOR tax law dealt blow by court; But decision unlikely to end legal challenge": Mark Matthews and Joey Bunch of The Denver Post have this report.

Colorado Public Radio reports that "Court Drops Some Plaintiffs From Suit Over Tax Limiting Law."

And the Denver Business Journal reports that "Court of Appeals rules in lawmakers' case challenging TABOR."

You can access yesterday's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 04:10 PM by Howard Bashman



Friday, June 3, 2016

"Anatomy of a Hit: Unsealed documents begin to unravel mystery of Markel killing as TPD makes its case." Recent developments in the investigation into law professor Dan Markel's murder dominate the front page of today's edition of The Tallahassee Democrat.
Posted at 10:45 PM by Howard Bashman


"Trump's personal attacks on judge spark GOP concerns": Mark Sherman of The Associated Press has this report.
Posted at 10:42 PM by Howard Bashman


"Immigrants fight judge's order to turn over personal information": Josh Gerstein of Politico.com has this blog post today.
Posted at 10:37 PM by Howard Bashman


"At Last, A Supreme Court That Does Less: With only eight justices, recent rulings have been much more modest, which is a good thing." Law professor Cass R. Sunstein has this essay online at The Wall Street Journal.
Posted at 10:32 PM by Howard Bashman


"As altered Supreme Court term comes to end, signs point to a muted finale": Robert Barnes has this article in today's edition of The Washington Post.
Posted at 10:28 PM by Howard Bashman


"TPD concerned other Markel suspects may flee": Karl Etters of The Tallahassee Democrat has an article that begins, "Tallahassee Police didn't want details of their case against a Miami man arrested in Dan Markel's killing to be made public for fear other suspects in the murder-for-hire scheme might flee the U.S., court documents show."
Posted at 06:18 PM by Howard Bashman


"The Curse of Bigness: Few American politicians cite his writing and judicial work; But his legacy is particularly relevant today." Online today at The Atlantic, Jeffrey Rosen has an essay that begins, "Louis Brandeis, who was confirmed to the Supreme Court exactly 100 years ago, was America's greatest critic of bigness since Thomas Jefferson."
Posted at 02:24 PM by Howard Bashman


"Teachers Need Free-Speech Protection, Too": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 02:00 PM by Howard Bashman


"The Post-Scalia Supreme Court, moderated by Lynn Sweet, featuring Geoffrey Stone and Todd Henderson": Yesterday, the City Club of Chicago hosted this event. Today, you can view the video of the event online via this link.
Posted at 10:30 AM by Howard Bashman


"Trump Could Threaten U.S. Rule of Law, Scholars Say": Adam Liptak will have this article in Saturday's edition of The New York Times.
Posted at 09:55 AM by Howard Bashman


"Skirting the Senate on Supreme Court Nomination?" Bloomberg BNA has posted online this report video featuring Kimberly Robinson.
Posted at 09:25 AM by Howard Bashman


"Game of Thrones" enters the appellate canon: An eagle-eyed reader emails to note that yesterday, Ninth Circuit Judge John B. Owens issued a four-paragraph concurring opinion, in which the final paragraph begins, "This gloss on McLaughlin comes very close to a qyburnian resurrection of the Jiffy June standard" (emphasis added).

This reader's email to language maven Bryan A. Garner resulted in a reply from Garner observing that Qyburn is a character from the television series "Game of Thrones."
Posted at 09:14 AM by Howard Bashman



"Why the D.C. Circuit Can't Really Duck the Article III Issue in Al Bahlul": Steve Vladeck had this post yesterday at "Just Security."
Posted at 09:03 AM by Howard Bashman


"Soldier sentenced to die for 2003 murders pins hopes on Supreme Court": Michael Doyle of McClatchyDC has this report.
Posted at 09:02 AM by Howard Bashman


"Ginsburg and Sotomayor talk food at the Court": When it comes to food, the aptly named Andrew Hamm had this post yesterday at "SCOTUSblog."
Posted at 09:00 AM by Howard Bashman


"Ken Starr's tone-deaf ESPN interview shows why Baylor needs to cut ties with him": Andy Hutchins has this essay online at SB Nation.

And yesterday at "Above the Law," Joe Patrice had a post titled "Ken Starr's Embarrassing ESPN Interview -- How Can He Still Teach Law?"
Posted at 08:57 AM by Howard Bashman



"Arrest made in 2014 slaying of Florida State law professor as authorities allege murder-for-hire plot that may have stemmed from divorce": David Boroff of The New York Daily News has this report.
Posted at 08:53 AM by Howard Bashman


Thursday, June 2, 2016

"7th Circuit: Forum shopping merits sanctions, even when case is legit." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 10:07 PM by Howard Bashman


"Bugged! Newly Discovered Species Named for Justice Ginsburg; The species of praying mantis has been named Ilomantis ginsburgae in the jurist's honor." Jess Bravin has this post today at WSJ.com's "Law Blog."
Posted at 09:00 PM by Howard Bashman


"Conversation: The Passing of Justice Scalia and the Future of the Supreme Court." C-SPAN has posted online the video of this panel from today's Independent Women's Forum's annual Women LEAD Summit. The Scalia panel begins at 9 minutes and 12 seconds into this video clip.
Posted at 08:33 PM by Howard Bashman


"Chief DeLeo: More arrests expected in Dan Markel murder-for-hire plot." Karl Etters of The Tallahassee Democrat has this updated report.
Posted at 05:34 PM by Howard Bashman


"'Star Wars' and separation of powers": Cass Sunstein has this post today at "The Volokh Conspiracy," together with a post titled "What company do you keep? On 'Star Wars' and more."
Posted at 04:48 PM by Howard Bashman


"Justices Thomas & Sotomayor: Closer Than You Think?" Kimberly Robinson of Bloomberg BNA has this report.
Posted at 04:42 PM by Howard Bashman


"The Senate Republicans, Merrick Garland and the Lessons of History": Law professor Geoffrey R. Stone has this blog entry online today at The Huffington Post.
Posted at 04:35 PM by Howard Bashman


"Madonna prevails in copyright lawsuit over 'Vogue' song": Dan Levine of Reuters has this report.

And at the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Madonna Gets Victory Over 'Vogue' Sample at Appeals Court."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:04 PM by Howard Bashman



"Justice Scalia once said that he wished all federal judges were given a stamp that read 'stupid but constitutional.'" So begins an opinion that Chief Judge Diane P. Wood issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

The opinion considers and rejects a once suspended teacher's constitutional challenge to the policy of the Chicago Board of Education forbidding teachers from using racial epithets in front of students, no matter what the purpose.
Posted at 01:50 PM by Howard Bashman



"US court says man can be forcibly medicated in terror case": The Associated Press has this report on a non-precedential ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
Posted at 01:12 PM by Howard Bashman


"Documents connect Markel's ex-wife's family to murder plot": Karl Etters of The Tallahassee Democrat has an article that begins, "Investigators believe the killing of Dan Markel stemmed from the 'desperate desire' by his ex-wife Wendi Adelson's family to relocate her, taking the couple's children to South Florida."

You can access at this link the probable cause affidavit issued in connection with the recent arrest of a suspect in the case.

Yesterday evening, Etters reported that "Markel murder suspect arrives in Leon County." Today, the newspaper posted online a video under the heading "Sigfredo Garcia at first appearance Thursday morning."

And Sean Rossman of The Tallahassee Democrat today has articles headlined "Prius trailed Dan Markel on final morning" and "Unsealed Markel documents cause confusion at City Hall."
Posted at 12:55 PM by Howard Bashman



"Tilton's Challenge to SEC Hearings Rejected by Appeals Court": Bob Van Voris and Matt Robinson of Bloomberg News have this report.

And Kevin Dugan of The New York Post reports that "Lynn Tilton loses round in battle against SEC charges."

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 10:52 AM by Howard Bashman



"Eight is Enough? Supreme Court adjusts to the new normal." Ariane de Vogue of CNN.com has this report.
Posted at 10:36 AM by Howard Bashman


"Attorney General Loretta E. Lynch Statement on Planned Departure of Solicitor General Donald B. Verrilli Jr." The U.S. Department of Justice has issued this news release today.

In early news coverage, Nina Totenberg of NPR reports that "Donald Verrilli, Who Argued Groundbreaking Cases For The Government, Stepping Down."

Richard Wolf of USA Today reports that "Solicitor General Donald Verrilli retiring after historic run at Supreme Court."

Greg Stohr of Bloomberg News reports that "Verrilli, Obama Lawyer Who Helped Save Obamacare, to Resign."

Lawrence Hurley of Reuters reports that "Obama's Supreme Court lawyer to step down."

The Associated Press reports that "Justice lawyer who defended Obamacare at high court leaving."

And at "SCOTUSblog," Lyle Denniston has a post titled "Solicitor General Verrilli departing."
Posted at 10:32 AM by Howard Bashman



"U.S. Supreme Court: Policies and Perspectives on Video and Audio Coverage of Appellate Court Proceedings." The U.S. Government Accountability Office has posted this lengthy report online.
Posted at 10:30 AM by Howard Bashman


"Lawsuit reinstated for group seeking to nullify buffer zone around abortion clinics": Torsten Ove of The Pittsburgh Post-Gazette has this report.

And Brian Bowling of The Pittsburgh Tribune-Review reports that "Pennsylvania court reinstates challenge to Pittsburgh's abortion clinic buffer zone law."

My earlier coverage of yesterday's Third Circuit ruling can be accessed here.
Posted at 10:25 AM by Howard Bashman



"Why a Brooklyn Judge Refused to Send a Drug Courier to Prison": Lincoln Caplan has this post online at The New Yorker.
Posted at 09:48 AM by Howard Bashman


"What Donald Trump Thinks Judges Are Good For": Jeffrey Toobin has this post online at The New Yorker.
Posted at 09:38 AM by Howard Bashman


"For a Collegial Court, Justices Lunch Together, and Forbid Talk of Cases": Adam Liptak of The New York Times has this report.

Emily Heil of the Reliable Source column of The Washington Post has an article headlined "The Supreme Court's secret to civility? Lots of good food and wine."

And Ariane de Vogue of CNN.com reports that "Ruth Bader Ginsburg, Sonia Sotomayor dish out Supreme Court lunchroom secrets."
Posted at 09:26 AM by Howard Bashman



"Jeffrey Rosen: Louis D. Brandeis: American Prophet." The National Constitution Center has posted online at YouTube this video of a program that occurred yesterday in Philadelphia.
Posted at 09:20 AM by Howard Bashman


"Is the Supreme Court ready to take on transgender rights?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:17 AM by Howard Bashman


"Court finds evidence of illegal retaliation by Arizona regents": In today's edition of The Arizona Daily Star, Howard Fischer has a front page article that begins, "Saying there's evidence of illegal retaliation, a federal appeals court gave the go-ahead Wednesday for the Arizona Students Association to sue the Board of Regents to get back money the group says was illegally withheld."

Sophia Kunthara of Cronkite News reports that "Court restores students' free-speech lawsuit against Board of Regents."

Courthouse News Service reports that "9th Circ. Sends Student Fee Dispute Back to Judge."

And Doug Lederman of Inside Higher Ed has an article headlined "State Agency as Bully: Arizona Board of Regents probably violated First Amendment rights of state's student association when it stopped collecting fees for the group, U.S. appeals court rules."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:15 AM by Howard Bashman



"Court won't reconsider ruling on NFL concussions settlement": The Associated Press has this report.
Posted at 07:56 AM by Howard Bashman


Wednesday, June 1, 2016

"The Supreme Court Is Bored Out of Its Mind: The eight justices are getting surly and listless while they wait for a ninth member." Dahlia Lithwick has this jurisprudence essay online today at Slate.
Posted at 11:23 PM by Howard Bashman


"Supreme Court ruling offers clues on fate of Obama rule": Tiffany Stecker of Greenwire has an article that begins, "Enforcement of the Clean Water Act could undergo a wave of changes in the wake of yesterday's Supreme Court ruling on a key wetlands case, legal scholars say."
Posted at 04:26 PM by Howard Bashman


"'Star Wars' Is Really About Feminism. And Jefferson. And Jesus." Law professor Cass R. Sunstein has this essay online at Bloomberg View.

And today at "The Volokh Conspiracy," Sunstein has a related blog post titled "Why is success so hard to predict?"
Posted at 04:22 PM by Howard Bashman



"Pittsburgh abortion clinic buffer zone challenge is revived": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 02:58 PM by Howard Bashman


"Boyce Martin Jr., giant of bench, has died": Andrew Wolfson of The Courier-Journal of Louisville, Kentucky has an article that begins, "Boyce F. Martin Jr., an unapologetic liberal judge who in 34 years on the 6th U.S. Court of Appeals wrote more than 1,500 opinions, including one permitting affirmative action as well as the nation's first appellate decision affirming what is known as Obamacare, died early Wednesday, according to an email distributed by one of his former law clerks. He was 80 and had been in failing health."
Posted at 02:46 PM by Howard Bashman


"Supreme Court Eliminates Automatic Depublication": California Courts Newsroom issued this news release today.
Posted at 02:05 PM by Howard Bashman


"Democracy and the Death Penalty": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:20 PM by Howard Bashman


"Kansas Parents Worry Schools Are Slipping Amid Budget Battles": Julie Bosman has this front page article in today's edition of The New York Times.

As the article explains, "[t]he struggle over school funding in Kansas reached a new crisis point when the State Supreme Court on Friday ruled that the Republican-dominated Legislature had not abided by its constitutional mandate to finance public schools equitably, especially poorer districts with less property wealth."

My earlier coverage of Friday's Kansas Supreme Court ruling can be accessed here.
Posted at 01:14 PM by Howard Bashman



"Avalanche is an inherent risk of skiing, Colorado Supreme Court rules; Judges say Colorado Ski Safety Act's description of changing snow, weather conditions protects resorts from liability": Jason Blevins has this front page article in today's edition of The Denver Post.

And The Associated Press has an article headlined "Colorado court: Ski resorts not liable for avalanches."

You can access yesterday's ruling of the Supreme Court of Colorado at this link.
Posted at 01:08 PM by Howard Bashman



"Castor shifts on Porngate report, says it will be released when ready": Craig R. McCoy has this article in today's edition of The Philadelphia Inquirer.
Posted at 12:58 PM by Howard Bashman


"Ballot question on retiring judges revised to mislead voters": Today's edition of The Philadelphia Inquirer contains an editorial that begins, "More than two million Pennsylvania voters responded to a clear question put to them on April 26 -- whether the state's mandatory retirement age for judges should be raised from 70 to 75 -- with a clear answer: No."
Posted at 12:56 PM by Howard Bashman


"Federal judge urges prompt appeal to Court on transgender rights": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 12:50 PM by Howard Bashman


"Kenneth Starr stepping down as Baylor chancellor": ESPN.com has a report that begins, "Kenneth Starr is resigning as chancellor at Baylor in the wake of a huge shakeup at the university, but he will continue to teach in the law school, the former school president told ESPN's Joe Schad on Wednesday."
Posted at 12:46 PM by Howard Bashman


Ninth Circuit reconsiders Model Mayhem appeal, and model suing that web site wins again: Yesterday, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued this ruling on panel rehearing.

Courthouse News Service reports on yesterday's ruling in an article headlined "Raped Model's Suit Against Website Revived."

My earlier coverage of the panel's original ruling in this appeal, from September of 2014, can be accessed here and here.
Posted at 11:00 AM by Howard Bashman



"U.S. appeals court rejects Lynn Tilton challenge to SEC case": 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 10:48 AM by Howard Bashman


What about D.C. Circuit cases in which Chief Judge Merrick B. Garland's vote would have made a difference? An opinion that a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued yesterday demonstrates how such cases are being handled by that court. As you may have suspected, it means more work for someone else.
Posted at 10:44 AM by Howard Bashman


"The number of formal rules [executive] agencies have issued thanks to their delegated legislative authority has grown so exuberantly it's hard to keep up." So writes Circuit Judge Neil M. Gorsuch in an opinion that the U.S. Court of Appeals for the Tenth Circuit issued yesterday. Judge Gorsuch proceeds to observe that "[t]he Code of Federal Regulations now clocks in at over 175,000 pages."
Posted at 10:38 AM by Howard Bashman






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