How Appealing

Wednesday, August 31, 2016

"Supreme Court Blocks North Carolina From Restoring Strict Voting Law": Adam Liptak will have this article in Thursday's edition of The New York Times.

Robert Barnes of The Washington Post reports that "Supreme Court won't let North Carolina use strict voting law."

David G. Savage of The Los Angeles Times reports that "Supreme Court denies North Carolina appeal to enforce its voter ID rules."

Brent Kendall of The Wall Street Journal reports that "Supreme Court Blocks Stricter Voting Rules in North Carolina; A deadlocked court turns back request to revive rules blocked by lower court."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court rejects bid to reinstate North Carolina voting limits."

Greg Stohr of Bloomberg News reports that "U.S. High Court Won't Revive North Carolina Voter-ID Law."

Ariane de Vogue and Dan Berman of CNN.com report that "Supreme Court won't reinstate North Carolina voter ID law."

Cristian Farias of The Huffington Post reports that "Supreme Court Denies North Carolina's Plea To Restore Swath Of Voting Restrictions; The state won't be able to enforce them come Election Day."

And at the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "North Carolina limits on voting remain on hold."
Posted at 11:14 PM by Howard Bashman



"Inflatable Rat Case Maybe Moot; Posner Lashes Out": Nicholas Datlowe of Bloomberg BNA has this report.
Posted at 10:44 PM by Howard Bashman


"US court upholds ban on gun sales to marijuana card holders": The Associated Press has a report that begins, "A federal government ban on the sale of guns to medical marijuana card holders does not violate the Second Amendment, a federal appeals court said Wednesday."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 03:55 PM by Howard Bashman



"US high court refuses to reinstate North Carolina voter ID": The Associated Press has this report.

And Rick Hasen -- en route to Philadelphia, where a certain two law bloggers will be meeting for dinner tomorrow evening -- has a post at his "Election Law Blog" titled "#SCOTUS 4-4 Tie in NC Voting Case Leaves Lower Court Ruling in Place and Shows Us Power of Appeals Courts Post-Scalia."

You can view today's order of the U.S. Supreme Court at this link.
Posted at 03:52 PM by Howard Bashman



"U.S. court voids $655 mln verdict against PLO over Israel attacks": Jonathan Stempel of Reuters has this report.

And The Associated Press reports that "US appeals court tosses out $654 million verdict against PLO."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 03:30 PM by Howard Bashman



"Amtrak gets partial victory in U.S. appeal over Sandy insurance": Nate Raymond of Reuters has this report on a non-precedential decision that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 03:20 PM by Howard Bashman


"Republicans file contempt motion against McAuliffe over felon rights restoration": Graham Moomaw of The Richmond Times-Dispatch has this report.

And The Associated Press reports that "GOP seeks to block McAuliffe's latest felon voting effort."
Posted at 03:12 PM by Howard Bashman



"We Need Abortion Laws Based on Science": Ushma D. Upadhyay has this op-ed in today's edition of The New York Times.
Posted at 02:55 PM by Howard Bashman


In the September 2016 issue of ABA Journal magazine: Mark Walsh has an article headlined "Supreme Court divided over warrants discovered in illegal stops."

And David L. Hudson Jr. has an article headlined "New Mexico high court urges judges to be discreet on social media."
Posted at 02:53 PM by Howard Bashman



"Gavin Grimm just wanted to use the bathroom; He didn't think the nation would debate it": Moriah Balingit has this front page article in today's edition of The Washington Post.
Posted at 02:45 PM by Howard Bashman


"Edward Snowden's Long, Strange Journey to Hollywood: Oliver Stone wanted a hit -- and the chance to put America's most iconic dissident onscreen; The subject wanted veto power; The Russian lawyer wanted someone to option the novel he'd written; The American lawyer just wanted the whole insane project to go away; Somehow a film got made." Irina Aleksander will have this article in this upcoming Sunday's edition of The New York Times Magazine.
Posted at 02:24 PM by Howard Bashman


"North Carolina Republicans Accused of Dodging Order to Fix Election Rules": Michael Wines has this article in today's edition of The New York Times.
Posted at 02:18 PM by Howard Bashman


"Grassley hints at Supreme Court confirmation hearing in lame duck": Nolan D. McCaskill of Politico.com has this report.

And Reuters reports that "Senator Grassley could be persuaded to hold hearing on Garland."
Posted at 02:13 PM by Howard Bashman



Tuesday, August 30, 2016

"A Bad Ruling for Those Who Want to Throttle AT&T": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:56 PM by Howard Bashman


"The Court after Scalia: Standing at the crossroads on voting rights." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this post today at "SCOTUSblog."
Posted at 04:18 PM by Howard Bashman


"Court: Texas death row inmate may have faked mental illness." The Associated Press has this report on an unpublished per curiam opinion that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 01:38 PM by Howard Bashman


"Justice Department Gave Supreme Court Incorrect Data in Immigration Case; Department won the 2003 case after understating the time certain immigrants spend in detention without bail": Jess Bravin of The Wall Street Journal has this report.
Posted at 01:30 PM by Howard Bashman


"New York Court Expands Definition of Parenthood": Alan Feuer of The New York Times has this report.

And The Associated Press has a report headlined "Court: Gays can seek parental rights for nonbiological kids."

You can access today's ruling of the Court of Appeals of New York -- that state's highest court -- at this link.
Posted at 01:23 PM by Howard Bashman



"Constitution Check: Might the courts end the Senate impasse on Garland?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:14 PM by Howard Bashman


"Alleged al Qaeda bomber loses pretrial challenge": Lawrence Hurley of Reuters has this report.

And The Associated Press reports that "Appeals court refuses to halt trial in USS Cole attack."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 12:56 PM by Howard Bashman



"Court lets suit against maker of blood thinner be tried in SF": Bob Egelko of The San Francisco Chronicle has an article that begins, "Heart patients who say the anticlotting drug Plavix has caused internal bleeding, heart attacks and even deaths can sue manufacturer Bristol-Myers in San Francisco, even though the company and most of the plaintiffs are based in other states, the California Supreme Court ruled Monday."

You can access yesterday's 4-to-3 ruling of the Supreme Court of California at this link.
Posted at 11:08 AM by Howard Bashman



"Court denies appeal in case about Native Hawaiian election": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 10:26 AM by Howard Bashman


"Applying Johnson, we join the increasing majority of our sister circuits in holding that the residual clause in [Sentencing Guidelines section] 4B1.2(a)(2) is unconstitutionally vague." So held a majority of the en banc U.S. Court of Appeals for the Seventh Circuit in a decision issued yesterday.
Posted at 10:18 AM by Howard Bashman


"The Honorable Merrick Garland addresses HLS Class of 2019": Harvard Law School has posted the video of this recent event on YouTube at this link.

And Peter DeMarco of the Harvard Gazette has a report on the event titled "The makings of Merrick Garland: Supreme Court nominee tells new law students it doesn't take wizardry to thrive, just 'good choices'"
Posted at 10:02 AM by Howard Bashman



"Founders Meet Brand X": David Feder has this post at the "Fed Soc Blog."
Posted at 09:54 AM by Howard Bashman


"Strange Goings On in 7th Circuit En Banc WI Voter ID Case: A 9th Vote Appears." Rick Hasen has this post at his "Election Law Blog."

You can view the amended en banc per curiam decision that the U.S. Court of Appeals for the Seventh Circuit issued yesterday at this link.
Posted at 09:48 AM by Howard Bashman



Monday, August 29, 2016

"Suit over AT&T iPhone data plans dismissed": Bob Egelko of The San Francisco Chronicle has this report.

Mike Snider of USA Today reports that "Federal court dismisses AT&T throttling case."

The Associated Press reports that "Court dismisses data speed reduction suit against AT&T."

And Reuters reports that "U.S. appeals court dismisses AT&T data throttling lawsuit."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:25 PM by Howard Bashman



"Court denies asylum to 28 detained Latin American mothers": The Associated Press has this report.

And at "Just Security," Steve Vladeck has a post titled "Third Circuit Holds Suspension Clause Does Not Apply to Non-Citizens Physically (But Not Lawfully) Present in the United States."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 08:36 PM by Howard Bashman



Programming note: After a thoroughly enjoyable if all-too-brief visit to Portland, Maine -- featuring back-to-back extra-inning Portland Sea Dogs games -- today my vacation week transitions closer to home.

This week, after watching the Philadelphia Phillies host the Washington Nationals joined by the same DC-based baseball superfan with whom I attended a Nationals game in DC last Wednesday evening, I will be heading to Margate, New Jersey for a few days.

Because I will be traveling for most of the day today, additional posts will appear here tonight. In the interim, additional appellate-related retweets may appear on this blog's Twitter feed.
Posted at 09:28 AM by Howard Bashman



"Reject ugly political attacks in Kansas and retain Supreme Court justices": The Kansas City Star has an editorial that begins, "A few days ago Kansas House Republicans called on voters to oust four of the five state Supreme Court justices standing for retention later this year."
Posted at 09:18 AM by Howard Bashman


"Selfies in voting booths: Depending on where you live, they may be illegal; A New Hampshire law says selfie ban is needed to curtail vote buying and coercion." David Kravets of Ars Technica has this report.
Posted at 09:14 AM by Howard Bashman


"A very different court": Law professor Erwin Chemerinsky has this analysis in the August 2016 issue of the California Bar Journal.
Posted at 09:12 AM by Howard Bashman


Sunday, August 28, 2016

"7th Circuit Refuses En Banc in Both WI Voter ID Cases; No More Changes Unless #SCOTUS Intervenes": Rick Hasen has this post at his "Election Law Blog."

Ariane de Vogue of CNN.com reports that "Court declines to hear appeal on Wisconsin voter ID law before election."

And Cristian Farias of The Huffington Post reports that "Wisconsin Gets To Enforce Restrictive Voter ID Law, With One Big Twist; An appeals court rejected a softening device that would've made it easier for people without a voter card."

You can access Friday's en banc per curiam opinion of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 09:12 PM by Howard Bashman



"U.S. Court Rules Infringement Suit by Trader Joe's Can Proceed Against Pirate Joe's": Kenneth R. Rosen of The New York Times has this report.

And The Associated Press reports that "Court sides with Trader Joe's in suit over alleged knockoff."

You can access Friday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:57 PM by Howard Bashman



"Reversal of death sentence reflects leftward tilt of California Supreme Court": Maura Dolan of The Los Angeles Times has this report on a 4-to-3 ruling that the Supreme Court of California issued on Monday.
Posted at 09:30 AM by Howard Bashman


"UR law professor on Gov. McAuliffe's intemperate attacks on the Supreme Court of Virginia": Law professor Kevin C. Walsh has this essay online at The Richmond Times-Dispatch.
Posted at 09:25 AM by Howard Bashman


"Google Asks Supreme Court to Hear Chrome Case Over Patent History": Jeff John Roberts of Fortune.com has this report.
Posted at 09:20 AM by Howard Bashman


Saturday, August 27, 2016

"Jaycee Dugard loses court case against federal parole officials": Maura Dolan of The Los Angeles Times has this report.

Malaika Fraley of The San Jose Mercury News has an article headlined "Jaycee Dugard can't sue federal parole officials, says court."

And Reuters has a report headlined "Woman kidnapped, held for 18 years cannot sue U.S. over parole failures: court."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 05:08 PM by Howard Bashman



"Beneath Louis Vuitton's inability to take a joke, a serious First Amendment question": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 04:56 PM by Howard Bashman


"Wal-Mart takes Texas to court to crack liquor-sales market": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued on Monday.
Posted at 04:18 PM by Howard Bashman


"Using a false Social Security number is a crime -- but is it a crime 'of moral turpitude'?" Eugene Volokh has this post at "The Volokh Conspiracy."
Posted at 09:50 AM by Howard Bashman


"Court says it's OK for city to use GPS to track taxi drivers": The Associated Press has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued yesterday.
Posted at 09:45 AM by Howard Bashman


"University of Chicago Strikes Back Against Campus Political Correctness": Richard Perez-Pena, Mitch Smith, and Stephanie Saul have this front page article in today's edition of The New York Times.
Posted at 09:40 AM by Howard Bashman


"Porngate report delayed amid protest from email senders": Craig R. McCoy and Angela Couloumbis have this article in today's edition of The Philadelphia Inquirer.
Posted at 09:37 AM by Howard Bashman


"This New Mexico lawyer is suing the Senate to force action on Merrick Garland": Mike DeBonis of The Washington Post has this report.

And ABCNews.com has posted online a video segment titled "President Obama Not Throwing In Towel for Merrick Garland's Supreme Court Nomination."
Posted at 09:34 AM by Howard Bashman



"Wendi Adelson: Brother joked about hiring hitman." Karl Etters has this front page article in today's edition of The Tallahassee Democrat.

And ABCNews.com has posted online a report (with accompanying video) titled "Police Video Shows Woman Hearing About Shooting Death of Her Ex, an FSU Law Professor."
Posted at 09:28 AM by Howard Bashman



Friday, August 26, 2016

"Garland tells law students that careers can be unpredictable": The Associated Press has this report.

Earlier, Harvard Law Today had a report titled "The Honorable Merrick Garland '77 addresses HLS Class of 2019." As noted in that report, Harvard live-streamed D.C. Circuit Chief Judge Merrick B. Garland's remarks today, so perhaps archived video of his remarks will become available online soon.
Posted at 10:00 PM by Howard Bashman



Greetings from Portland, Maine: Where it is currently sunny and warm, and fortunately the weather appears favorable for the entire weekend. Thanks to those readers sent along unsolicited suggestions of fun things to do and places to eat. They are very much appreciated!

Here's something I didn't know until today -- you can eat at a pizza restaurant in South Portland, Maine that's located on John Roberts Road. To be clear, I haven't eaten there yet, although one reader did recommend the restaurant (which has several locations around town) for its fine pizza.
Posted at 06:08 PM by Howard Bashman



"Obama's judges leave liberal imprint on U.S. law": Lawrence Hurley of Reuters has this report. Accompanying the article are a graphic titled "Circuit switches" and a factbox titled "Cases where Obama judges on appeals courts left a mark."
Posted at 06:00 PM by Howard Bashman


Thursday, August 25, 2016

Programming note: On Friday, I will be traveling to Portland, Maine, where this weekend I will attend this season's final two home games of the Portland Sea Dogs (the AA Eastern League affiliate of the Boston Red Sox), hosting the Trenton Thunder (the AA Eastern League affiliate of the New York Yankees). At least one brewery tour and eating lobster are also on the agenda.

Tomorrow's journey will also feature a stop for lunch (more info here) in Worcester, Massachusetts.

As a result, additional posts will appear here on Friday night. In the interim, while I am on the road, additional appellate-related retweets may appear on this blog's now-verified Twitter feed.
Posted at 11:20 PM by Howard Bashman



"Court: Michigan sex offender rules cannot be retroactive." The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 10:34 PM by Howard Bashman


"Appeal seeks to overturn 'Blurred Lines' copyright verdict": The Associated Press has this report.

And at the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "'Blurred Lines' Creators Urge Appeals Court to Reverse Marvin Gaye Family's Trial Victory."
Posted at 10:18 PM by Howard Bashman



"Bringing a Chicken to the Immigration Fight": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 10:08 PM by Howard Bashman


"What The #@$% Is 'Moral Turpitude' (Or Why I Love Posner Opinions)": Dan Klau has this post today at his "Appealingly Brief!" blog about a ruling that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.

The opinion concurring in the judgment that Circuit Judge Richard A. Posner issued in the case can be accessed here.
Posted at 09:56 PM by Howard Bashman



"Lawsuit opens new front in Obama immigration legal fight": Lawrence Hurley of Reuters has this report.
Posted at 09:38 PM by Howard Bashman


"Louisiana Floods: 2012 Supreme Court ruling may spur takings lawsuits." Amanda Reilly of Greenwire has this report.
Posted at 05:00 PM by Howard Bashman


"In Quoting Profanity, Some Judges Give a F#%&. Others Don't": Zoe Tillman of The National Law Journal has this report.
Posted at 03:14 PM by Howard Bashman


"Ranking Law Professors by Judicial Impact": Jacob Gershman has this post today at WSJ.com's "Law Blog" about a paper titled "Judicial Impact of Law School Faculties" recently posted online at SSRN.
Posted at 02:53 PM by Howard Bashman


"It's still Cady's Court: Our statistical review of the Iowa Supreme Court's 2015-16 term." Ryan Koopmans has this post today at "On Brief: Iowa's Appellate Blog."
Posted at 02:44 PM by Howard Bashman


"Two Liberal Judges Take a Stand Against Tenure": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 02:11 PM by Howard Bashman


"Supreme Court Opinion Readability 2015": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 02:08 PM by Howard Bashman


"Border exception" to Fourth Amendment's reasonable suspicion requirement for warrantless search stretched to the breaking point, Sixth Circuit judge asserts: A partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this interesting decision today.
Posted at 01:50 PM by Howard Bashman


"Voter fraud is not a persistent problem": Sami Edge and Sean Holstege of News21 have this report. News 21 recently launched its "Voting Wars" web site.
Posted at 01:38 PM by Howard Bashman


"Is court deference to federal agencies unconstitutional? 10th Circuit judge thinks so." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 01:30 PM by Howard Bashman


"Appeals court overturns jury verdict that cleared Anaheim police in shooting of unarmed man": Maura Dolan of The Los Angeles Times has this report.

Sean Emery of The Orange County Register reports that "New trial ordered in suit over man's killing by Anaheim police."

And The Associated Press reports that "Retrial ordered in suit over man's killing by California cop."

Circuit Judge John B. Owens wrote yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit on behalf of a unanimous three-judge panel.
Posted at 01:26 PM by Howard Bashman



"Why it Matters: Supreme Court." Mark Sherman of The Associated Press has this report.
Posted at 01:14 PM by Howard Bashman


"SCOTUS Short-Lister Watford Praised by Both Sides": Patrick Gregory of Bloomberg BNA has this report.
Posted at 11:26 AM by Howard Bashman


"'The Brain' and 'The Monster': The Many Personas of Judge Richard Posner." Jacob Gershman has this post today at WSJ.com's "Law Blog."
Posted at 11:20 AM by Howard Bashman


"Do Judicial Deference Doctrines Actually Matter?" Christopher J. Walker has this post today at the blog of the Library of Law and Liberty.
Posted at 11:11 AM by Howard Bashman


"Four Begin Supreme Court Fellowships": The Administrative Office of the U.S. Courts issued this news release today.
Posted at 11:06 AM by Howard Bashman


"Rendell's role in Third Circuit en banc cases, and another look at whether the court uses en banc rehearing ideologically": Matthew Stiegler has this post at his "CA3blog."
Posted at 11:04 AM by Howard Bashman


"Clock running out on challenges to voting rights cases in key states": Ariane de Vogue of CNN.com has this report.
Posted at 09:42 AM by Howard Bashman


"Hillary Clinton will likely have a unique chance to remake the federal judiciary": Matthew Yglesias has this post at Vox.com.
Posted at 09:37 AM by Howard Bashman


"The Tenth Circuit vs. Brand X": Daniel Hemel has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 09:33 AM by Howard Bashman


Wednesday, August 24, 2016

Programming note: This evening, I will be in Washington, DC watching the Washington Nationals host the Baltimore Orioles, attending the game with a DC-based baseball superfan. As a result, additional posts will appear here on Thursday morning.

In the interim, as usual while I am on the road, additional appellate-related retweets may appear on this blog's now-verified Twitter feed.
Posted at 01:44 PM by Howard Bashman



"Victims of attacks in Israel lose U.S. appeal vs Lebanese bank": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:32 PM by Howard Bashman


"One sitting judge and two aspiring judges from Kentucky wish to exercise their free-speech rights during this and future judicial elections." So begins an opinion that Circuit Judge Jeffrey S. Sutton issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.
Posted at 01:25 PM by Howard Bashman


"LA Hotel Minimum-Wage Law Survives 9th Circuit": Barbara Leonard of Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued late yesterday.
Posted at 01:20 PM by Howard Bashman


"Residency where marijuana is legal no reason for police search -- U.S. court": Jonathan Stempel of Reuters has this report.

And The Associated Press has a report headlined "Court: Out-of-state license plates don't justify search."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 11:14 AM by Howard Bashman



Judge Gorsuch, merely a dissent away from the appellate judging trifecta: As readers are well aware, the author of this blog has long viewed opinions written by Tenth Circuit Judge Neil M. Gorsuch as must-read. In addition, the author of this blog is amused ever so slightly when the same judge who wrote the opinion of the court for an appellate panel also adds a concurring opinion. In such instances, the authoring judge is merely a dissenting opinion away from the seemingly ever elusive appellate judging trifecta. (For those keeping score at home, this blog's archives reveal that the trifecta has been achieved at least once during in the more than 14-year history of "How Appealing.")

Yesterday, the U.S. Court of Appeals for the Tenth Circuit issued a decision that checked both of those first two boxes. Even better, insofar as some readers are concerned, the opinions deal with the still controversial subject of Chevron deference.
Posted at 11:02 AM by Howard Bashman



"Kansas is latest state to press for voter restrictions": John Bacon of USA Today has this report.

Reuters reports that "Kansas asks U.S. appeals court to reinstate strict voter ID rule."

And The Associated Press reports that "Court considers Kansas rule that voters prove citizenship."

You can access via this link (4.46 MB mp3 audio file) the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit.
Posted at 10:42 AM by Howard Bashman



Tuesday, August 23, 2016

"Federal appeals court orders a new trial in 1991 murder of 17-year-old girl killed for her earrings": Robert Moran of The Philadelphia Inquirer has an article that begins, "A federal appeals court ruled Tuesday that a Philadelphia man sentenced to die for the 1991 murder of a teenage girl who was killed for her earrings should be freed or granted a new trial because evidence suggesting his innocence was withheld by police and prosecutors."

You can access today's 227-page en banc ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 11:14 PM by Howard Bashman



"Ban on advocacy ads at airport ruled unconstitutional": Julia Terruso of The Philadelphia Inquirer has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 11:05 PM by Howard Bashman


"SF court casts doubt on cockfighting as a deportable crime": Bob Egelko of The San Francisco Chronicle has this report.

And Maura Dolan of The Los Angeles Times reports that "Federal appeals court sides with immigrant convicted of cockfighting."

Circuit Judge John B. Owens issued today's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

And today at "Above the Law," Kathryn Rubino has a post about Circuit Judge Owens titled "Our New Favorite Federal Jurist Punches Up Opinions With Pop Culture References." See also this earlier "How Appealing" post.
Posted at 08:30 PM by Howard Bashman



This month in "How Appealing" history: Thirty years ago this month, your law blogger arrived in Atlanta as a 21-year-old first-year student at the Emory University School of Law, which coincidentally is celebrating its 100th anniversary this academic year. Here's wishing all of the thousands of law students who are beginning their law school journeys this month a rewarding and meaningful career that surpasses all of their hopes and expectations. And for those who wonder if this blog will still be around in 30 years from now, Lyle Denniston still actively blogs about the law at the tender age of 85.
Posted at 08:06 PM by Howard Bashman


"Employer alert: Your arbitration clause is going to be tested at SCOTUS." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 06:00 PM by Howard Bashman


Ninth Circuit rejects facial constitutional challenges to California law prohibiting state-licensed mental health providers from engaging in "sexual orientation change efforts" with minor patients: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:28 PM by Howard Bashman


"6th Cir, on 2-1 Vote, Reverses Expansive Early Voting 'Golden Week' Decision": Rick Hasen has this post at his "Election Law Blog" about a decision that a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.

And The Associated Press has a report headlined "Appeals court: Week of early voting shouldn't return to Ohio."
Posted at 01:10 PM by Howard Bashman



"The summer of Sandra Day O'Connor, then and now": Joan Biskupic of CNN.com has an article that begins, "She always insisted it was luck that led to her appointment as the first woman on the US Supreme Court. But Sandra Day O'Connor was ready for her luck. She demonstrated that 35 years ago this summer when Reagan administration lawyers flew to Arizona to interview her as one of several candidates for a court vacancy."
Posted at 11:25 AM by Howard Bashman


"Ohio inmate who survived '09 execution appeals to high court": The Associated Press has a report that begins, "A condemned Ohio killer who survived a 2009 botched execution is asking the U.S. Supreme Court to declare that a second attempt to put him to death would be unconstitutional."

As Court News Ohio previously reported, in March 2016 the Supreme Court of Ohio ruled 4-to-3, in a decision you can access here, that "Second Execution Attempt Is Not Cruel and Unusual Punishment."

This blog's earlier coverage of this particular botched execution appears at this link.
Posted at 10:30 AM by Howard Bashman



"Differences aside, Supreme Court unites Trump, Senate GOP": Sam Hananel and Mary Clare Jalonick of The Associated Press have this report.
Posted at 10:09 AM by Howard Bashman


"U.S. appeals court strikes down Ernst & Young class action waiver": Robert Iafolla of Reuters 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.

In her dissenting opinion, Circuit Judge Sandra S. Ikuta wrote that the majority's decision was "breathtaking in its scope and in its error; it is directly contrary to Supreme Court precedent and joins the wrong side of a circuit split." Yesterday's decision is unlikely to be the last we hear of this case.
Posted at 10:00 AM by Howard Bashman



"Suit over alleged sexual assault at Bucknell over after four years": John Beauge of The Patriot-News of Harrisburg, Pennsylvania had this article back in May 2015.

Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued this decision affirming the entry of summary judgment in favor of Bucknell University and various of its employees. [Update: This post has been corrected to note that the entry of summary judgment was in favor of these defendants.]
Posted at 09:50 AM by Howard Bashman



"Where the Death Penalty Still Lives: As capital punishment declines nationwide, a tiny fraction of the country generates an alarming number of death sentences; What this new geography tells us about justice in America." Emily Bazelon will have this article in this upcoming Sunday's edition of The New York Times Magazine.
Posted at 08:30 AM by Howard Bashman


"Comcast's Golf Channel beats appeal over Allen Stanford fraud": Jonathan Stempel of Reuters has this report on a per curiam ruling that a two-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 08:22 AM by Howard Bashman


"Inside the Conservative Push for States to Amend the Constitution": Michael Wines has this front page article in today's edition of The New York Times.
Posted at 08:10 AM by Howard Bashman


Monday, August 22, 2016

"On Voting, North Carolina Case Is Test for Justices": Kenneth Jost has this post today at his blog, "Jost on Justice."
Posted at 11:14 PM by Howard Bashman


"A leading contender for open Georgia Supreme Court seat pulls out of running": Greg Bluestein of The Atlanta Journal-Constitution has this report.
Posted at 10:14 PM by Howard Bashman


"How Did Justice Scalia Shape American Policing? Donald Trump wants a Supreme Court appointee like the formidable late judge; But Scalia had a controversial and sometimes conflicted opinion on law enforcement." Law professor Barry Friedman has this essay online at The Atlantic.
Posted at 09:50 PM by Howard Bashman


"Reglan Suits Not Preempted By Federal Law, NJ Justices Say": Emily Field of Law360.com has this report (subscription required for full access).

And at his "New Jersey Appellate Law" blog, Bruce D. Greenberg has a post titled "In re Reglan Litigation: No Federal Preemption of State Law Claim That Generic Drug Carried Inadequate Warning."

You can access today's unanimous ruling of the Supreme Court of New Jersey at this link.
Posted at 09:40 PM by Howard Bashman



"California Supreme Court allows teacher tenure laws to stand": Bob Egelko of The San Francisco Chronicle has this report.

Howard Blume and Joy Resmovits of The Los Angeles Times report that "In a major win for teachers unions, state Supreme Court lets teacher tenure ruling stand."

Emma Brown of The Washington Post reports that "California Supreme Court decision leaves state's teacher tenure law in place."

The Associated Press reports that "California court decision keeps teacher tenure protections."

And Bloomberg News reports that "California Teacher Tenure Is Left Intact by State's High Court."

You can access today's order of the Supreme Court of California denying review, and the dissents therefrom, via this link.
Posted at 09:28 PM by Howard Bashman



"How Zika could change the politics of late-term abortion: The virus causes birth defects, a factor that might influence some views on abortion." Jennifer Haberkorn of Politico.com has this report.
Posted at 08:45 PM by Howard Bashman


"Illinois Supreme Court rejects property division for unmarried couples": Robert McCoppin had this article in Saturday's edition of The Chicago Tribune.

And The Associated Press reports that "Gay rights setback seen in Illinois Supreme Court ruling."

You can access last Thursday's ruling of the Supreme Court of Illinois at this link.
Posted at 08:25 PM by Howard Bashman



"Constitution Check: Has the U.S. war against ISIS in Syria been illegal from the start?" Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:00 PM by Howard Bashman


"The Summer Pipeline": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 07:55 PM by Howard Bashman


"Help Him Help You: The best way for at-risk Republican senators to distance themselves from Donald Trump is to call for hearings for Merrick Garland." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 07:50 PM by Howard Bashman


"Supreme Court to Consider Legal Standard Drawn From 'Of Mice and Men'": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 02:08 PM by Howard Bashman


Sunday, August 21, 2016

"Pro-life groups gear up to fight contraceptive mandate as HHS looks to tweak rules": Tom Howell Jr. of The Washington Times has an article that begins, "Three months after the U.S. Supreme Court ordered both sides to seek out a compromise on Obamacare's birth control mandate, religious nonprofits that oppose it are mobilizing to win the fight, while the administration is saying it's ready to tweak the rules."
Posted at 11:30 PM by Howard Bashman


"Va. Supreme Court decision rooted in a dark past": Oliver W. Hill Jr. has this essay online at The Richmond Times-Dispatch.
Posted at 09:28 AM by Howard Bashman


"British Columbia civil rights group punches above its weight in national legal disputes": Geordon Omand of The Canadian Press has this report.
Posted at 09:25 AM by Howard Bashman


"Connecticut man fired for smoking marijuana at work wins appeal": Jonathan Stempel of Reuters has this report on a ruling that the Supreme Court of Connecticut issued on Friday.
Posted at 09:20 AM by Howard Bashman


"With New Legal Team, Rowland Gets Extension To Appeal Conviction To U.S. Supreme Court": Edmund H. Mahony of The Hartford Courant has this report.

According to the article, "Rowland is represented at the Supreme Court by Washington attorney Noel Francisco, who sent shock waves through the legal and political worlds in June when he persuaded the high court to dismiss corruption charges against another former Republican governor, Robert F. McDonnell of Virginia."
Posted at 09:16 AM by Howard Bashman



Saturday, August 20, 2016

"It's Children Against Federal Lawyers in Immigration Court": Fernanda Santos will have this article in Sunday's edition of The New York Times.
Posted at 10:44 PM by Howard Bashman


"Don't bet on Ruth Bader Ginsburg retiring if Clinton becomes president": Robert Barnes of The Washington Post has an article that begins, "For those envisioning a line of moving vans at the Supreme Court and a new president immediately reordering life at the marble palace, this small splash of cold water: Justice Ruth Bader Ginsburg, 83, has already hired the four clerks who will assist her through June 2018."
Posted at 08:57 PM by Howard Bashman


"15 Minutes with Jeffrey Toobin; Toobin swung by the Harvard Crimson to talk about his new book, 'American Heiress: The Wild Saga of the Kidnapping, Crimes and Trial of Patty Hearst,' his reporting process, and the profession of journalism." Brandon J. Dixon of The Harvard Crimson has this report.
Posted at 09:50 AM by Howard Bashman


"Harry Briggs Jr., a Catalyst for Brown v. Board of Education, Dies at 75": This obituary, written by Sam Roberts, appears in today's edition of The New York Times.
Posted at 09:47 AM by Howard Bashman


"Ginsburg pays tribute to Scalia": Anne Constable of The Santa Fe New Mexican has an article that begins, "Even lawyers aren't above gushing over Justice Ruth Bader Ginsburg, who just finished her 23rd year on the U.S. Supreme Court."
Posted at 09:44 AM by Howard Bashman


Friday, August 19, 2016

"Texas court halts execution of man who didn't pull trigger": The Associated Press has this report.
Posted at 10:50 PM by Howard Bashman


"Supreme Court Justice Ruth Bader Ginsburg speaks in Pojoaque": Maggie Shepard of The Albuquerque Journal has an article that begins, "It was like a rock concert for attorneys and judges, with an enthusiastic standing ovation, hoots and hollers and cell phones aloft capturing the star's performance."

And The Associated Press reports that "Justice Ginsburg laments deadlocks on short-handed court."
Posted at 10:44 PM by Howard Bashman



"Ex-soldier's case tests whether flirting is in eye of beholder": Michael Doyle of McClatchy DC has this report.
Posted at 10:14 PM by Howard Bashman


"The Supreme Court's awful Hobby Lobby decision just spawned a very ugly stepchild": Columnist Michael Hiltzik has this essay online at The Los Angeles Times.
Posted at 10:05 PM by Howard Bashman


"Unions, Ledbetter Warn of Supreme Court Implications of Election": Chris Opfer of Bloomberg BNA has this report.
Posted at 05:56 PM by Howard Bashman


"State seeks breast enhancement records in Markel case": Karl Etters of The Tallahassee Democrat has an article that begins, "Prosecutors are seeking medical records that show Dan Markel's former brother-in-law paid for half of a breast enhancement for the girlfriend of one of the law professor's accused killers."
Posted at 04:45 PM by Howard Bashman


Easterbrook and Posner on inflatable rats, in an opinion also featuring a photo of an inflatable cat: Today, a star-studded three-judge panel of the U.S. Court of Appeals for the Seventh Circuit -- consisting of Chief Judge Diane P. Wood, and Circuit Judges Richard A. Posner and Frank H. Easterbook (both former Seventh Circuit chief judges) -- issued a ruling in which Judge Easterbrook's majority opinion begins:
Rats. This case is about rats. Giant, inflatable rats, which unions use to demonstrate their unhappiness with employers that do not pay union-scale wages. Cats too -- inflatable fat cats, wearing business suits and pinkie rings, strangling workers.
The majority opinion contains two photos, one of the rat and one of the cat.

Judge Posner, meanwhile, issued a separate opinion concurring and dissenting that's nearly twice as long as the majority opinion, no doubt in part because his opinion contains four photos. Alas, all four photos in the dissent are of the rat, demonstrating that while Judge Posner may be a self-described "cat-person," his love of felines does not extend to the very large, blow-up variety.
Posted at 04:06 PM by Howard Bashman



"As Donald Trump Falters, Democrats Plan to Press Fight for Supreme Court": Alan Rappeport will have this article in Saturday's edition of The New York Times.
Posted at 03:54 PM by Howard Bashman


"Vanderbilt law students triumph in Sixth Circuit case despite laryngitis": Jim Patterson of Vanderbilt News has this report.

My earlier coverage of Tuesday's Sixth Circuit ruling can be accessed here.
Posted at 12:40 PM by Howard Bashman



"Starr out as Baylor law professor": Phillip Ericksen of The Waco Tribune has this report.

And Kalyn Story of The Baylor Lariat reports that "Judge Starr agrees to leave Baylor."
Posted at 12:33 PM by Howard Bashman



"Federal Judge: Religious Liberty Includes a Right to Fire LGBTQ Employees." Mark Joseph Stern has this essay online at Slate.
Posted at 11:38 AM by Howard Bashman


"Thurgood Marshall's interracial love: 'I don't care what people think. I'm marrying you.'" DeNeen L. Brown has this article in today's edition of The Washington Post.
Posted at 10:52 AM by Howard Bashman


"Supreme Court Is About To Get A Good Look At How North Carolina Messes With Voting Rules; The state's Republican Party is making tweaks to early voting, and the justices will know all about it": Cristian Farias of The Huffington Post has this report.
Posted at 08:52 AM by Howard Bashman


"In Anchorage, Sotomayor discusses Supreme Court scrutiny, offers advice": DJ Summers of the Alaska Journal of Commerce has this report.
Posted at 08:50 AM by Howard Bashman


"Supreme Court diversity requirement 'a huge change,' law prof says; New selection process for Supreme Court justices concerns Atlantic Canada legal community": Stephanie Sirois of CBC News has an article that begins, "A new selection process for Supreme Court justices has the legal community in Atlantic Canada worried the region will be without a jurist on the country's top court."
Posted at 08:46 AM by Howard Bashman


Thursday, August 18, 2016

"Appeals Court Reverses Live Nation Win in Run-D.M.C. Merchandise Suit; The panel finds the merchandiser's summary judgment win on issues of willful infringement was premature": Ashley Cullins has this post at the "THR, Esq." blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:22 PM by Howard Bashman


"Appeals court formally nullifies Texas abortion restrictions": The Associated Press has this report on a per curiam ruling that the U.S. Court of Appeals for the Fifth Circuit issued today.
Posted at 10:58 PM by Howard Bashman


"Faith and military duty: Do they conflict?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 05:24 PM by Howard Bashman


"Court: Hobby Lobby ruling OKs some employment discrimination." Josh Gerstein of Politico.com has this blog post today.
Posted at 05:03 PM by Howard Bashman


"Asking Judges to Decide Who's Bisexual Is Messy": Law professor Noah Feldman has this essay online at Bloomberg View.

And online at Slate, Mark Joseph Stern has an essay titled "Court Holds Bisexual Asylum Seeker Isn't Actually Bisexual, Drawing Withering Dissent."

My earlier coverage of yesterday's Seventh Circuit ruling appears here and here.
Posted at 04:00 PM by Howard Bashman



"The Supreme Court Doesn't Care if You're Busy": Kimberly Robinson of Bloomberg BNA has this report.
Posted at 03:54 PM by Howard Bashman


"College Athletes Lose Appeal Over Use of Their Images in Game Broadcasts; The 6th Circuit opines that athletes don't have publicity right interests in sports broadcasts": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter about a non-precedential ruling that the U.S. Court of Appeals for the Sixth Circuit issued yesterday.
Posted at 03:51 PM by Howard Bashman


"Unusual request for divorce at the heart of Kentucky case": The Associated Press has this report.
Posted at 03:48 PM by Howard Bashman


"Appeals Court Adds an Interesting Footnote to Bill Cosby Scandal; An appeals court won't re-seal Cosby court documents, but seems to suggest that a federal judge was wrong in letting his deposition become public in the first place." Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter.
Posted at 10:35 AM by Howard Bashman


"In re batty boy bisexual case": An eagle-eyed "How Appealing" reader has sent me an email bearing that title, referencing this post of mine from last night.

The email begins:

Thanks for your heroic work. But for you I would never have read the Jamaican deportation case, among other delights.

An under-reported issue in the case -- is the IJ in the case below a man or a woman? Wood, writing for the majority refers to the IJ as "she," but Posner refers to the IJ as "he." Typo, unintentional ironic jab at the IJ, or is something more important going on here?

Let me begin by disclaiming any suggestion that running an appellate law blog is "heroic work." Maniacally obsessive work perhaps, but heroic not so much.

Turning to the reader's substantive point, it is indeed ironic in a case in which Seventh Circuit Judge Richard A. Posner's dissenting opinion affirmatively criticized the Immigration Judge for being unaware of the meaning of "bisexual" that the authors of the majority and dissenting opinions cannot even agree over whether male or female pronouns should be used to refer to the IJ. Perhaps a quick visit to PACER by one of this blog's many readers to review the case filings in this appeal would clear-up any uncertainty surrounding the IJ's gender. Should more information arrive via email on this subject, I will provide an update.

Update: As several readers have noted, Judge Posner has today updated his dissent to refer to the IJ using female pronouns, confirming that the IJ who decided the case was a woman. An excerpt of Judge Posner's original, uncorrected dissent referring to the IJ using male pronouns appears in this tweet containing a snapshot of the dissent as originally issued.
Posted at 10:28 AM by Howard Bashman



"Legal scholars debate loss of regional seat at Supreme Court of Canada; Is regional representation antiquated or essential?" Nina Corfu of CBC News has this report.

And online at The Toronto Sun, columnist Mark Bonokoski has an essay titled "Supreme Court will never get the best of the best."
Posted at 10:12 AM by Howard Bashman



"How 400 Pages of Porny Emails Upended Pennsylvania Politics": Mike Pearl of Vice.com has this report.
Posted at 10:09 AM by Howard Bashman


"Supreme Court Justice Sonia Sotomayor visits Anchorage during Alaska vacation": Daniella Rivera of CBS News affiliate KTVA-11 of Anchorage has this report.

And NBC News affiliate KTUU-2 of Anchorage reports that "Supreme Court Justice Sotomayor visits Anchorage."
Posted at 09:02 AM by Howard Bashman



"What a Trumpian Supreme Court Might Look Like: Would justices appointed by Trump be able to restrain him?" Law professors John Yoo and Jeremy Rabkin have this essay online today at National Review.
Posted at 08:54 AM by Howard Bashman


"Voting Rights Success? Not So Fast." Deuel Ross has this op-ed in today's edition of The New York Times.
Posted at 08:42 AM by Howard Bashman


"The Courts Begin to Call Out Lawmakers": Linda Greenhouse has this essay online today at The New York Times.
Posted at 08:40 AM by Howard Bashman


Wednesday, August 17, 2016

"Apparently the immigration judge does not know the meaning of bisexual." So observes Seventh Circuit Judge Richard A. Posner in a dissenting opinion issued today.
Posted at 11:44 PM by Howard Bashman


"Whitey Bulger asks US Supreme Court to hear his case": John R. Ellement and Andy Rosen of The Boston Globe have this report.

The Associated Press reports that "'Whitey' Bulger asks US Supreme Court to hear his appeal."

And Reuters reports that "Ex-Boston mob boss 'Whitey' Bulger appeals to U.S. Supreme Court."
Posted at 11:23 PM by Howard Bashman



"Wyoming Supreme Court hears arguments on same-sex marriage": The Associated Press has a report that begins, "Removing a Wyoming judge from the bench because she won't perform same-sex weddings would violate her constitutional rights, her lawyer told the state's top court Wednesday."
Posted at 11:18 PM by Howard Bashman


"EFF Asks Supreme Court To Review 'Dancing Baby' Copyright Case; Copyright Holders Must Be Held Accountable For Baseless Takedown Notices": The Electronic Frontier Foundation recently issued this news release.
Posted at 11:08 PM by Howard Bashman


"Supreme Court Justice Ginsburg shares love of reading": Dan Schwartz of The Santa Fe New Mexican has this report.

On a somewhat related note, on Friday, September 16, 2016, I will be the keynote speaker for the Appellate Practice Institute of the Appellate Practice Section of the State Bar of New Mexico. My talk will occur in Albuquerque, but in the days preceding that event I will be visiting Santa Fe and Taos. Because this will be my very first time in New Mexico. I would love to hear from readers of this blog are willing to offer suggestions about things to do and see, and places to eat, during my upcoming visit to the Land of Enchantment.
Posted at 11:05 PM by Howard Bashman



"[California] Supreme Court grants unusual Ninth Circuit request": David Ettinger has this post today at Horvitz & Levy's "At the Lectern" blog.
Posted at 10:25 PM by Howard Bashman


"Executing the Getaway Driver Is a Bad Idea": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 10:18 PM by Howard Bashman


"Plaintiff Fires Back at Honda in Crashworthiness Jury Charge Fight": Max Mitchell will have this article in Thursday's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

You can access at this link Honda's proposed post-submission communication, submitted last Friday. And you can access plaintiffs' answer in opposition, filed this morning, at this link.

In a post you can access here, I previously linked to the briefs filed in the appeal, which I argued on behalf of plaintiffs-appellees in the Pa. Superior Court last Tuesday.
Posted at 09:04 PM by Howard Bashman



"Criminal defense bar sides with business lobby in False Claims Act case at SCOTUS": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 08:42 PM by Howard Bashman


"Five SCOTUS Decisions Making Waves in the Lower Courts": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 08:30 PM by Howard Bashman


"Constitutional law experts come to defense of conservatives targeted in John Doe probes": M.D. Kittle of WisconsinWatchdog.org has this report on an amicus brief recently filed in the U.S. Court of Appeals for the Seventh Circuit (via "Instapundit").
Posted at 03:18 PM by Howard Bashman


"SCOTUS Justice Sonia Sotomayor visiting Anchorage today": NBC News affiliate KTUU of Anchorage has this report.
Posted at 03:12 PM by Howard Bashman


"Chief Justice Won't Extend Deadline For Lawyers Defending Anti-Trans Bathroom Policy; They said they're very busy defending an anti-trans bathroom law in another state": Cristian Farias of The Huffington Post has this report.
Posted at 02:24 PM by Howard Bashman


"The Right-Wing Legacy of Justice Lewis Powell, and What It Means for the Supreme Court Today": Bill Blum has this post at Truthdig.
Posted at 02:20 PM by Howard Bashman


"Toronto lawyer watching Trudeau's Supreme Court pick closely": Laura Stone of The Toronto Globe and Mail has an article that begins, "The Toronto lawyer who helped bring down one of Stephen Harper's picks for the Supreme Court says he will consider another legal challenge if the Trudeau government does not choose an Atlantic Canadian to be the next judge on Canada's top court."
Posted at 11:54 AM by Howard Bashman


"In legal battle with homeless advocate, St. Petersburg wins court ruling over trespassing": Mark Puente of The Tampa Bay Times has an article that begins, "A federal appeals court ruled Monday that St. Petersburg police did not violate the First Amendment rights of the Rev. Bruce Wright, a homeless advocate who officers arrested for trespassing at Williams Park in 2013."

As the opening paragraph of Chief Judge Ed Carnes's opinion for a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit memorably observes, "Wright is wrong."
Posted at 11:38 AM by Howard Bashman



Perhaps this suggested new law-related attraction could be located around the corner from the American Museum of Tort Law: A published per curiam order that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday observes, "If there were an exhibition hall for prudential restraint on the exercise of judicial authority, this case could be an exemplar in the duplicative litigation wing."
Posted at 11:34 AM by Howard Bashman


"Appeals Court: Maker of Web Spy Tool Can Be Sued for Alleged Wiretap Violations." Joe Palazzolo has this post at WSJ.com's "Law Blog."

And Margie Manning of the Tampa Bay Business Journal reports that "Tampa man at center of web spying case that could impact the workplace."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 10:28 AM by Howard Bashman



Fifth Circuit rejects argument that Coca-Cola's vending machines are "places of public accommodation" under Title III of the ADA: You can access Monday's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 10:18 AM by Howard Bashman


"Struggling Law School Alumni Denied Class Cert In NJ": Jeannie O'Sullivan of Law360.com had this report (subscription required for full access) back in July 2015.

Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued this decision affirming the denial of class certification.
Posted at 10:09 AM by Howard Bashman



"California gun case could be headed to Supreme Court": Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:54 AM by Howard Bashman


"Judicial Rebellion Against Voter ID": Mark Pulliam has this post at the blog of the Library of Law and Liberty.
Posted at 09:52 AM by Howard Bashman


"GULC Professor Named ACLU's National Legal Director": Gaia Mattiace of The Georgetown Hoya has an article that begins, "Georgetown Law Professor David Cole will serve as the American Civil Liberties Union's new national legal director, the organization announced July 22."
Posted at 09:50 AM by Howard Bashman


"After Lawsuit, New Jersey Allows Driver to Get '8THEIST' License Plate": Liam Stack has this article in today's edition of The New York Times.

The Associated Press reports that "Woman can now use '8THEIST' license plate after settling lawsuit."

And The Guardian (UK) has an article headlined "Honk if you're an 8THEIST: how forbidden vanity plates vary by US state; A case settled in federal court last week will expand New Jersey's policies on vanity license plates -- but in many states, there are still a lot of taboo words."
Posted at 09:28 AM by Howard Bashman



"Filling Supreme Court vacancies isn't a good enough reason to vote for Trump": Law professors John Yoo and Jeremy Rabkin have this essay online at The Los Angeles Times.
Posted at 09:26 AM by Howard Bashman


"Accused Markel killer remains in jail for now": Jeff Burlew of The Tallahassee Democrat has an article that begins, "One of two men accused of killing Florida State law professor Dan Markel will have to wait a little longer in jail before a judge decides whether bond will be set."
Posted at 07:42 AM by Howard Bashman


Tuesday, August 16, 2016

"5th Cir.'s Smith Doesn't Always Fit 'Conservative' Label": Patrick Gregory of Bloomberg BNA has this report.
Posted at 11:10 PM by Howard Bashman


"Does the First Amendment Protect Deliberate Lies? Donald Trump says the press cannot lie; But the Supreme Court says otherwise: In fact, many falsehoods are protected speech." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 11:08 PM by Howard Bashman


"SCOTUS Abortion Case May Have Voting Rights Ramifications": Kimberly Robinson of Bloomberg BNA has this report.
Posted at 10:05 PM by Howard Bashman


"Snowball industry lawsuit draws chilly ruling from 5th Circuit": Greg LaRose of The Times-Picayune of New Orleans has an article that begins, "A long-running feud in the local snowball industry has unfolded for 10 years in state and federal courtrooms, with neither side gaining much satisfaction from the outcomes. The latest round of the fight produced a very creative ruling this week."

Circuit Judge Jennifer Walker Elrod wrote yesterday's ruling of the U.S. Court of Appeals for the Fifth Circuit on behalf of a unanimous three-judge panel.
Posted at 09:22 PM by Howard Bashman



"Gov. Terry McAuliffe says Supreme Court conservatives were 'scared' to buck General Assembly on felon voting": In today's edition of The Richmond Times-Dispatch, Graham Moomaw has this front page article.
Posted at 09:12 PM by Howard Bashman


"North Carolina asks Supreme Court to restore strict voting procedures": Robert Barnes has this article in today's edition of The Washington Post.

Colin Campbell:of The News & Observer of Raleigh, North Carolina reports that "McCrory asks Supreme Court to restore voter ID law."

Lawrence Hurley of Reuters reports that "North Carolina asks Supreme Court to reinstate voter ID law."

The Associated Press reports that "North Carolina asks Supreme Court to keep voter ID for now."

Cristian Farias of The Huffington Post reports that "North Carolina Took 17 Days To Ask Supreme Court To Rescue Its Voter ID Law; But the state says it wants the court to act quickly to avoid confusion come Election Day."

At the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "North Carolina seeks to enforce voter ID law."

And in commentary, Ian Millhiser of ThinkProgress has an essay titled "North Carolina Hires One Of America's Most Expensive Attorneys To Defend Voter Suppression; Defending the indefensible is hard."
Posted at 08:30 PM by Howard Bashman



"Court says feds can't prosecute for legal medical pot use": Bob Egelko of The San Francisco Chronicle has an article that begins, "In a potential legal breakthrough for medical marijuana, a federal appeals court ruled Tuesday that the Justice Department cannot prosecute anyone who grows, supplies or uses the drug for medical purposes under state law because Congress has barred federal intervention."

Maura Dolan of The Los Angeles Times reports that "Feds can't spend money to prosecute people who comply with state medical pot laws, court rules."

Dan Levine of Reuters reports that "U.S. prosecutors dealt setback in medical marijuana cases."

And The Associated Press reports that "Court bars feds from prosecuting medical pot cases."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:02 PM by Howard Bashman



"Texas will ask U.S. Supreme Court to keep strict voter ID law in place": Jordan Rudner of The Dallas Morning News has this report.
Posted at 07:32 PM by Howard Bashman


"Constitution Check: Might the Second Amendment be redefined?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 05:09 PM by Howard Bashman


"The Case of the Do-Nothing Judge: Suppose a judge decides not to decide; For five years." Andrew Cohen has this report online at The Marshall Project.
Posted at 04:44 PM by Howard Bashman


"Supreme Court stance on North Carolina law to send signal on voting limits": Lawrence Hurley of Reuters has this report.
Posted at 04:40 PM by Howard Bashman


Monday, August 15, 2016

"AG won't appeal Delaware death penalty ruling; GOP lawmakers plan to introduce legislation to revise death penalty law": Jessica Masulli Reyes and Matthew Albright of The News Journal of Wilmington, Delaware have this report.
Posted at 11:58 PM by Howard Bashman


"'Sister Wives' case moves slowly toward Supreme Court": Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:54 PM by Howard Bashman


"Go Ahead and Lie, Donald. You're Protected." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:46 PM by Howard Bashman


"Backpage wants First Amendment cloak in Senate sex traffic probe": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 11:44 PM by Howard Bashman


"No Justice for Sylville Smith: How the Supreme Court has failed victims of police brutality." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 11:40 PM by Howard Bashman


"Religious Liberty Is a Little Different in the Military": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:38 PM by Howard Bashman


"Jury: A.G. Kane guilty of perjury, obstruction, all other charges." Craig R. McCoy, Angela Couloumbis, and Laura McCrystal of The Philadelphia Inquirer have this report.
Posted at 09:04 PM by Howard Bashman


"Federal appeals court upholds Hawaii's open primary": The Associated Press has this report.

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Dems Lose Hawaii Open Primary Challenge."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:00 PM by Howard Bashman



"In U.S. Jails, a Constitutional Clash Over Air-Conditioning": Alan Blinder will have this article in Tuesday's edition of The New York Times.
Posted at 08:34 PM by Howard Bashman


"Court rules against death-row inmate who filed appeal one day late": Nick Wicksman of Cronkite News has this report back in June 2015 reporting on a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a day earlier.

Today, the en banc Ninth Circuit by a vote of 6-to-5 reversed the district court's refusal to vacate and reenter its order to allow the appeal to be timely. You can access today's en banc ruling at this link. In his separate dissenting opinion, Circuit Judge Paul J. Watford invited the U.S. Supreme Court to reconsider its 2007 ruling in Bowles v. Russell.

It is interesting to note that none of the judges on the original three-judge Ninth Circuit panel was selected to serve on the 11-judge en banc panel. Consequently, if cumulative voting mattered, which it does not, among Ninth Circuit judges the overall tally in favor of dismissing the appeal as untimely currently stands at 8-to-6.
Posted at 01:33 PM by Howard Bashman



"Is America Any Safer? Since 9/11, the United States has spent $1 trillion to defend against al-Qaeda and ISIL, dirty bombs and lone wolves, bioterror and cyberterror; Has it worked?" Steven Brill has this cover story in the September 2016 issue of The Atlantic magazine.
Posted at 01:05 PM by Howard Bashman


"Court rejects Cosby's attempt to reseal testimony on affairs": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 01:03 PM by Howard Bashman


"Breyer Sets Sights on Death Penalty With Transgender Vote": Kimberly Robinson of Bloomberg BNA has this report.
Posted at 11:38 AM by Howard Bashman


"Should it be legal to have a congressional district only one party can win?" David G. Savage of The Los Angeles Times has this report.
Posted at 11:37 AM by Howard Bashman


"Megaupload's Dotcom to seek a review of U.S. court's forfeiture ruling": Reuters has this report.
Posted at 11:34 AM by Howard Bashman


"Justice Sonia Sotomayor offers personal window into Supreme Court": Matt Buxton has this front page article in today's edition of The Fairbanks Daily News-Miner.

And Erica Martinson of Alaska Dispatch News reports that "In Fairbanks, US Supreme Court justice says the country, not the court, has become more politicized."
Posted at 07:45 AM by Howard Bashman



"Is it Unconstitutional for the Supreme Court to Hear Court-Martial Appeals?" Steve Vladeck has this post today at "Just Security."
Posted at 07:42 AM by Howard Bashman


"The Legacy of Lynching, on Death Row: In Alabama, Bryan Stevenson is saving inmates from execution and memorializing the darkest episodes of America's past." Jeffrey Toobin has this profile in the August 22, 2016 issue of The New Yorker.
Posted at 07:36 AM by Howard Bashman


Sunday, August 14, 2016

"At Supreme Court, Jurors' Voices Silenced": Kenneth Jost has this post today at his blog, "Jost on Justice."
Posted at 10:28 PM by Howard Bashman


Saturday, August 13, 2016

"Posner vs. the Plaintiffs Bar: The Seventh Circuit nixes an egregious kind of strike suit." This editorial appears in today's edition of The Wall Street Journal.
Posted at 08:30 PM by Howard Bashman


"Appeals Court Upholds U.S. Government's Seizure of Megaupload's Mega-Millions; The 4th Circuit rejects the contention that a federal statute disentitling fugitives from defending property claims against government forfeiture actions is a violation of due process rights": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter.

My earlier coverage of yesterday's Fourth Circuit ruling can be accessed here.
Posted at 08:17 PM by Howard Bashman



"Appeal sought for family of man killed after Denver dispatcher sent him into harm's way; Reat, 25, was driving to Wheat Ridge with two brothers when they were threatened by a group of men": In June 2016, Kirk Mitchell of The Denver Post had an article that begins, "Attorneys for Jimma Pal Reat's estate are seeking a review by the full 10th Circuit Court of Appeals after a panel of three appeals judges dismissed his wrongful death lawsuit against a Denver dispatcher who told him and his companions to return to the scene of a violent crime."

Yesterday, the U.S. Court of Appeals for the Tenth Circuit issued an order denying rehearing en banc over the dissenting votes of four judges. Also yesterday, the original three-judge panel issued an amended opinion.

The three-judge panel issued its original opinion in the case on May 31, 2016, which Kirk Mitchell of The Denver Post covered in an article headlined "Case dismissed in which Denver dispatcher put man in harm's way; Sudanese immigrant Jimma Pal Reat was shot to death in 2012."
Posted at 08:12 PM by Howard Bashman



"Why Garland Makes Sense for Clinton and Obama": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 07:38 PM by Howard Bashman


"Does size matter? Not always, as this case illustrates." So begins an opinion that Chief Judge Diane P. Wood issued yesterday on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 07:32 PM by Howard Bashman


"UAF expects large crowd for Supreme Court Justice Sonia Sotomayor": Matt Buxton has this front page article in today's edition of The Fairbanks Daily News-Miner.

And yesterday, the University of Colorado Boulder issued a news release titled "US Supreme Court Justice Sotomayor to speak at CU Boulder on Sept. 2."
Posted at 11:04 AM by Howard Bashman



"Voters Say Economy, Supreme Court, Are Top Campaign Issues": Ariel Edwards-Levy of The Huffington Post has this report.
Posted at 11:00 AM by Howard Bashman


"Once Skeptical of Executive Power, Obama Has Come to Embrace It; Mr. Obama will leave the White House as one of the most prolific authors of major regulations in presidential history": Binyamin Appelbaum and Michael D. Shear will have this article in Sunday's edition of The New York Times.

Also in tomorrow's newspaper, Shear will have a related item headlined "Reshaping Lives, Without Congress."
Posted at 10:50 AM by Howard Bashman



Friday, August 12, 2016

"Conservative Legal Scholars Prefer A Liberal Supreme Court To A President Trump": Michelle Fields has this report at The Huffington Post.
Posted at 11:09 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: Year Two Begins." Aaron Nielson has this post today at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 10:56 PM by Howard Bashman


"Kavanaugh, Eskridge, Baude & Sachs on Legal Interpretation": Chris Walker has this post today at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 09:02 PM by Howard Bashman


"Wyoming Supreme Court to hear arguments on same-sex marriage": The Associated Press has a report that begins, "The Wyoming Supreme Court is set to hear arguments next week on whether a Pinedale judge who has said she wouldn't perform same-sex marriages because of her religious beliefs should be removed from office."
Posted at 08:27 PM by Howard Bashman


"The First Amendment Can't Save You From Your Homework": Online today at Bloomberg View, law professor Noah Feldman has an essay that begins, "The First Amendment protects students against being forced to recite the Pledge of Allegiance. So how was it legal for a Texas teacher to require students to recite the Mexican pledge of allegiance, as a federal appeals court held this week?"
Posted at 08:12 PM by Howard Bashman


"2nd Circuit sets new rule on whether federal courts can hear arbitration appeals": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 08:04 PM by Howard Bashman


"U.S. court rejects former Guantanamo inmate's torture claim": Robert Iafolla and Lawrence Hurley of Reuters have this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 08:00 PM by Howard Bashman


"'Religious freedom law' will remain blocked during appeal, court rules": Regina Zilbermints of The Biloxi Sun Herald has this report.

The Associated Press reports that "Mississippi gay marriage law remains blocked during appeal."

And Chris Geidner of BuzzFeed News reports that "Appeals Court Denies Request To Allow Mississippi To Enforce Anti-LGBT Law During Appeal; Gov. Phil Bryant had asked the 5th Circuit Court of Appeals to enforce HB 1523, passed earlier this year, while appealing a trial court ruling against the law."

You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 07:54 PM by Howard Bashman



Programming note: Additional posts will appear here this evening.
Posted at 12:46 PM by Howard Bashman


"Alleged video pirate Kim Dotcom loses in U.S. appeals court": Josh Gerstein of Politico.com has a blog post that begins, "A divided federal appeals court has rejected a bid by accused video pirate Kim Dotcom to recover millions of dollars in assets ordered seized by a U.S. court at the request of American prosecutors."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 11:28 AM by Howard Bashman



"Chief Justice sounds alarm over Supreme Court vacancy": Laura Stone of The Toronto Globe and Mail has this report.

Ian MacLeod of The Ottawa Citizen reports that "Chief justice hammers government over 45 judicial vacancies -- including one at Supreme Court."

Tonda MacCharles of The Toronto Star has an article headlined "Urgent need for judicial vacancies to be filled promptly: Beverley McLachlin."

The Canadian Press has reports headlined "Chief Justice Beverley McLachlin Calls On Trudeau To Appoint Supreme Court Judges Quickly" and "Supreme Court short list to include Atlantic Canadian judges: minister."

And CBC News has reports headlined "Beverley McLachlin calls on Ottawa to solve 'perpetual crisis' of judicial vacancies; 'Something deeply wrong' with current selection process for appointing judges, chief justice says" and "Keep Atlantic Representation On Top Court, Says Canadian Bar Association."
Posted at 10:52 AM by Howard Bashman



Thursday, August 11, 2016

"Lawyers can get paid a cut from class-action settlements": Bob Egelko of The San Francisco Chronicle has an article that begins, "In a victory for lawyers who file class-action suits in California, generally on behalf of employees or consumers, the state Supreme Court ruled Thursday that they can be paid a percentage of the settlements they negotiate with their adversaries. The unanimous decision resolved an arcane issue that had been fiercely contested in the legal profession."

And Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a post titled "California Supreme Court OKs class action fees based on settlement size."

You can access today's ruling of the Supreme Court of California, including an interesting concurring opinion written by Justice Goodwin H. Liu, at this link.
Posted at 08:57 PM by Howard Bashman



"First Amendment Has the Teeth to Help Consumers": Online at Bloomberg View, law professor Noah Feldman has an essay today that begins, "The First Amendment was called in to do the dirty work last week on an Ohio rule that bans dentists from advertising their specialties while continuing to practice general dentistry."
Posted at 08:45 PM by Howard Bashman


"What Would Clinton Win Mean for SCOTUS?" Kimberly Robinson of Bloomberg BNA has this report.
Posted at 08:04 PM by Howard Bashman


"Markel suspect Rivera moved from Leon County Jail": Karl Etters of The Tallahassee Democrat has this report.
Posted at 03:28 PM by Howard Bashman


"Former Marine's religious freedom claims rejected by appeals court": Bill Mears of FoxNews.com has this report.

Dianna Cahn of Stars and Stripes reports that "Court rules Marine's religious rights not violated."

And The Associated Press reports that "Military court rejects religious angle in Marine's discharge."

You can access yesterday's 4-to-1 ruling of the U.S. Court of Appeals for the Armed Forces at this link.

I previously linked to news coverage of the oral argument of this appeal in a post you can access here.
Posted at 03:22 PM by Howard Bashman



"Reid predicts Clinton will choose Garland for Supreme Court": The Associated Press has this report.

Reuters has a report headlined "Clinton would stick with Garland as nominee for Supreme Court: Reid."

And Louis Nelson of Politico.com reports that "Harry Reid won't rule out hardball tactics in Merrick Garland fight."
Posted at 03:10 PM by Howard Bashman



"South Carolina Law on Disrupting School Faces Legal Challenge": Erik Eckholm will have this article in Friday's edition of The New York Times.
Posted at 02:22 PM by Howard Bashman


"U.S. judges cannot expunge convictions despite job threats -- court": Nate Raymond has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 02:15 PM by Howard Bashman


"Chief Justice urges quick appointments to Supreme Court; Replacing Justice Thomas Cromwell is taking too long, says Chief Justice Beverly McLachlin": Joanna Smith of The Canadian Press has this report.

And Tonda MacCharles of The Toronto Star has an article headlined "More indigenous judges needed in lower courts to develop skills for Supreme Court: Beverley McLachlin; Supreme Court Chief Justice Beverley McLachlin said while she welcomes ethnic diversity and more aboriginal judges in the system, she suggested they must work their way up."
Posted at 01:32 PM by Howard Bashman



"U.S. Supreme Court Justice Sonia Sotomayor adds Anchorage stop to Alaska visit": Suzanna Caldwell of Alaska Dispatch News has this report.
Posted at 01:26 PM by Howard Bashman


"Is Trump Guilty of Inciting Violence Against Clinton? Trump's comments don't appear to have broken any laws, but assaulted the very concept of free speech." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 11:34 AM by Howard Bashman


"Glenn Beck suggests revealing sources could get them killed": Josh Gerstein of Politico.com has a blog post that begins, "One day after a federal judge ordered Glenn Beck to divulge the names of two sources he relied on for reporting about the Boston Marathon bombing, the conservative media personality is suggesting that doing so might get them murdered."
Posted at 11:05 AM by Howard Bashman


"U.S. court blocks FCC bid to expand public broadband": Reuters has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued yesterday.

And in other coverage, The Associated Press reports that "Court overturns ruling allowing municipal broadband to grow."
Posted at 11:00 AM by Howard Bashman



"As voter rights cases churn through courts, rights are uncertain; But confusion is guaranteed": Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this post today at the "Monkey Cage" blog of The Washington Post.
Posted at 10:52 AM by Howard Bashman


"Appeals court blocks voter ID changes": Jason Stein and Patrick Marley have this front page article in today's edition of The Milwaukee Journal Sentinel.

In today's edition of The Wisconsin State Journal, Mark Sommerhauser has a front page article headlined "Court stays voter ID ruling, narrowing options for voters who lack IDs."

In today's edition of The Washington Times, Stephen Dinan has a front page article headlined "Voting-rights activists, anti-fraud crusaders clash over ID laws as election looms."

Jess Bravin of The Wall Street Journal reports that "Appeals Court Reinstates Wisconsin Voter-ID Law; Federal appeals court said lower court ruling was overly broad by allowing any voter to avoid presenting ID by filing an affidavit."

In today's edition of The New York Times, Michael Wines has an article headlined "Appeals Court Prevents Voting Without ID in Wisconsin."

In today's edition of The Washington Post, Matt Zapotosky has an article headlined "In Wisconsin, a controversial voter-ID law could help choose the president."

Josh Gerstein of Politico.com reports that "Appeals court blocks order easing Wisconsin voter ID law."

Tal Kopan of CNN.com reports that "Court blocks remedy on Wisconsin voter ID law."

The Associated Press reports that "Appeals court stays ruling on voter ID."

Reuters reports that "Appeals court suspends ruling rejecting parts of Wisconsin voter ID law."

And at his "Election Law Blog," Rick Hasen has a post titled "7th Circuit Reverses (for Now at Least) Softening of WI Voter ID Rule: What's Next?"

You can view yesterday's order of the U.S. Court of Appeals for the Seventh Circuit granting a stay pending appeal at this link.
Posted at 09:32 AM by Howard Bashman



"Florida appeals court clears way for four death penalty cases to proceed with trials": Arek Sarkissian of The Naples Daily News has this report on a ruling that Florida's Second District Court of Appeal issued yesterday.
Posted at 09:04 AM by Howard Bashman


"The Libertarian Case for Originalism": Evan Bernick as this post at the "Fed Soc Blog."
Posted at 08:56 AM by Howard Bashman


"A Formula For Supreme Court Clerkships? Harvard and Garland." Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 08:47 AM by Howard Bashman


Wednesday, August 10, 2016

"Beyond Seminole Rock -- Or Why What We Think We Know About Administrative Deference May Be Wrong": Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation about his article titled "Beyond Seminole Rock" posted today at SSRN.
Posted at 11:40 PM by Howard Bashman


"7th Cir. decides copyright case out of Ill. involving Louis Farrakhan portrait": Marcia Oddi has this post at "The Indiana Law Blog" about a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 11:12 PM by Howard Bashman


"Seventh Circuit: Walgreens, shareholder settlement little more than $370K payday for lawyers." Jonathan Bilyk of the Cook County Record has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued today.

Circuit Judge Richard A. Posner wrote the majority opinion. A U.S. District Judge sitting by designation disagreed with the decision and will issue a dissent in due course.
Posted at 11:00 PM by Howard Bashman



"Kimberly Budd confirmed unanimously to Massachusetts Supreme Judicial Court": Shira Schoenberg of The Republican of Springfield, Massachusetts has this report.
Posted at 08:47 PM by Howard Bashman


"Ventura says he'll ask the Supreme Court to hear his defamation case, plus seek a new trial; The former Minnesota governor declared that the legal battle to clear his name has made the past four years 'hell' for him and his wife": Randy Furst of The Minneapolis Star Tribune has this report.
Posted at 08:40 PM by Howard Bashman


"Christie wants U.S. Supreme Court to rule on sports betting": Dustin Racioppi of The Record of Hackensack, New Jersey has this report.

And Brent Johnson of NJ.com has an article headlined "Christie: N.J. may take sports betting fight to Supreme Court."
Posted at 08:37 PM by Howard Bashman



"Ottawa stripped Atlantic Canada of inclusion on Supreme Court with barely a peep; Justin Trudeau's approach to Canada's top court shows the problem with putting all our chips on red": Peter Cowan of CBC News has this news analysis.
Posted at 08:32 PM by Howard Bashman


"Hudson and MacDonald move on to general election in race for state Supreme Court seat": Greta Kaul of MinnPost has an article that begins, "Apparently, voters got the message that there was a Minnesota Supreme Court race on the primary election ballot Tuesday."
Posted at 08:30 PM by Howard Bashman


"Ted Strickland steps into controversy by cheering the timing of Justice Antonin Scalia's death": Henry J. Gomez of The Cleveland Plain Dealer has this report.

Eliza Collins of USA Today reports that "Ohio Senate candidate sorry for saying Scalia's death came 'at a good time.'"

And CNN.com reports that "Ted Strickland apologizes for comments on Scalia's death."
Posted at 08:23 PM by Howard Bashman



"Fill Supreme Court vacancy: Give Judge Merrick Garland a hearing and a vote." USA Today has published this editorial.
Posted at 08:16 PM by Howard Bashman


"Group linked to Carr brothers' victims pushes to oust Kansas Supreme Court justices; Kansans for Justice launch non-retention campaign": Jonathan Shorman of The Topeka Capital-Journal has an article that begins, "A group with ties to victims of the Carr brothers kicked off a push Wednesday to oust several Kansas Supreme Court justices, who they fault for overturning the death sentences of the two men before the U.S. Supreme Court reversed the decision."
Posted at 08:14 PM by Howard Bashman


"'Sister Wives' planning polygamy petition to U.S. Supreme Court": Ben Winslow of Salt Lake City's Fox 13 News has this report.
Posted at 08:10 PM by Howard Bashman


"The Supreme Court sends mixed signal on Hurst ruling's meaning": Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 07:44 PM by Howard Bashman


"'Second Amendment People' Solutions: Trump's Clinton 'joke' was no coincidence; The GOP espouses a right to bear arms whose logical conclusion is political assassination." Mark Joseph Stern has this jurisprudence essay online today at Slate.
Posted at 07:40 PM by Howard Bashman


"[Pa.] Superior Court Should Lift Ban on Citing Its Unpublished Opinions": Yesterday's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers, contained this month's installment of my "Upon Further Review" column.
Posted at 05:16 PM by Howard Bashman


"Honda: Crashworthiness Jury Instructions Fail in Wake of 'Tincher.'" Max Mitchell of The Legal Intelligencer has this report on the case I argued yesterday on behalf of the plaintiffs-appellees before a three-judge panel of the Pa. Superior Court.

You can access online Honda's Brief for Appellant, the Brief for Plaintiffs-Appellees, Honda's Reply Brief for Appellant, an amicus brief filed in support of Honda, and an amicus brief filed in support of plaintiffs-appellees.

As The Legal Intelligencer's article explains, earlier this year a unanimous three-judge Pa. Superior Court panel issued an unpublished opinion in Cancelleri v. Ford Motor Co. that rejected many of the very same arguments that Honda is making in its current appeal. As previously noted here, I also served as appellate counsel for the plaintiffs-appellees in Cancelleri.

Pa. Superior Court Judge Anne E. Lazarus, in her opinion for the unanimous panel in Cancelleri, explained that "in crashworthiness cases, the jury is required to determine whether the vehicle was defective in design as well as whether an alternative, safer, and practicable design existed at the time of design that could have been used instead," thereby complying with the Pa. Supreme Court's decision in Tincher v. Omega Flex, Inc., which issued after jury verdicts in favor of the plaintiffs had issued in both Cancelleri and Martinez.

The Pa. Superior Court's opinion in Cancelleri also held that Tincher did not mandate the admission of industry or governmental standards evidence at the defendant's behest. In June 2016, in an unpublished opinion issued in Webb v. Volvo Cars, a separate three-judge Pa. Superior Court panel reached the same result, holding (in an opinion for the panel written by Pa. Superior Court Judge Victor P. Stabile) that Tincher did not mandate the admission of industry or governmental standards evidence.

Perhaps also worth noting, earlier this year the trial court in Tincher itself denied defendant Omega Flex's renewed motion for post-trial relief on remand from the Pa. Supreme Court, holding that the the Pa. Supreme Court's ruling did not require a retrial of the case.
Posted at 05:06 PM by Howard Bashman



"Petition for rehearing en banc filed in the 9th Circuit's recent CFAA case, Facebook v. Vachani": Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 03:00 PM by Howard Bashman


"The DC Circuit Should Invalidate The Net Worth Sweep Of Fannie/Freddie Assets; A motley collection of procedural objections should not block a long overdue decision": Law professor Richard Epstein has this post at Forbes.com.
Posted at 02:56 PM by Howard Bashman


"Trump's 'Second Amendment' Line Is Protected. Barely." Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 01:42 PM by Howard Bashman


"The Limited Role of Common Sense in the Obviousness Analysis": Dennis Crouch has this post at "Patently-O" about a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 01:32 PM by Howard Bashman


"McAllen student who sued over Mexican pledge and flag loses lawsuit": The San Antonio Express-News had this report back in January 2015.

And in other earlier coverage, The Monitor of McAllen, Texas reported in January 2015 that "Mexican pledge suit against McAllen ISD dismissed."

Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued this decision affirming the judgment in defendants' favor.
Posted at 01:20 PM by Howard Bashman



"The University of Chicago Law Review Online Symposium: Presidential Politics and the 113th Justice." You can access the contents via this link.
Posted at 09:10 AM by Howard Bashman


"11 lawyers apply to fill 2 seats on Arizona's expanded Supreme Court": Howard Fischer of The Arizona Daily Star has an article that begins, "Eleven lawyers have applied to be one of the two new justices that Gov. Doug Ducey will select for the expanded Arizona Supreme Court."
Posted at 09:05 AM by Howard Bashman


"Judge: Glenn Beck must identify sources on Boston Marathon bombing." Josh Gerstein of Politico.com has this blog post.
Posted at 09:02 AM by Howard Bashman


"We're beginning to think we have an inkling of Sisyphus's fate." So begins an opinion that Circuit Judge Neil M. Gorsuch released yesterday on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit representing that Court's "seventh opinion in the Ute line and still addressing the same arguments we have addressed so many times before."
Posted at 08:57 AM by Howard Bashman


In Bashman news from Australia: Yahoo!7 News and the Australian Associated Press combine to report that "Two thugs bash man unconscious waiting for Melbourne tram."
Posted at 08:52 AM by Howard Bashman


"Suit: Politics, porn scandal behind changes in Pa. ballot question." In today's edition of The Philadelphia Inquirer, Maria Panaritis has an article that begins, "A court filing Tuesday suggested that political motives and concerns over a Supreme Court pornography scandal were behind efforts to alter the wording of a judicial retirement-age ballot question to extend the tenure of Pennsylvania judges to age 75."

And last Thursday, The Philadelphia Daily News published an editorial titled "Plan to change retirement age for judges seems shady."

You can access the documents filed in the case, including the Brief for Appellants filed yesterday, via this link.
Posted at 08:46 AM by Howard Bashman



Tuesday, August 9, 2016

"7th Circuit dogs insurer's defense": Marilyn Odendahl of The Indiana Lawyer has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.
Posted at 11:17 PM by Howard Bashman


"Donald Trump Suggests 'Second Amendment People' Could Act Against Hillary Clinton": Nick Corasaniti and Maggie Haberman of The New York Times have an article that begins, "Donald J. Trump on Tuesday appeared to raise the possibility that gun rights supporters could take matters into their own hands if Hillary Clinton is elected president and appoints judges who favor stricter gun control measures to the bench. At a rally here, Mr. Trump warned that it would be 'a horrible day' if Mrs. Clinton were elected and got to appoint a tiebreaking Supreme Court justice."
Posted at 08:32 PM by Howard Bashman


"CDA settles with Markel family": In today's edition of The Tallahassee Democrat, Sean Rossman has a front page article that begins, "The Consolidated Dispatch Agency will pay the family of slain Florida State law professor Dan Markel $40,000 to avoid litigation over his 2014 death. The money will be paid by the CDA's general liability insurance policy to Markel's sons, who were toddlers when he was killed."
Posted at 08:16 PM by Howard Bashman


"Why Trusting Donald Trump on Judges Is Folly; Supreme Court appointments are not a persuasive reason for conservatives to back the billionaire": Conor Friedersdorf has this essay online at The Atlantic.
Posted at 08:12 PM by Howard Bashman


"Tenth Circuit: Accessing email is a 'search' under the Jones trespass test." Online today at "The Volokh Conspiracy," Orin Kerr has a post that begins, "Judge Neil Gorsuch is one of my favorite judges, and I don't lightly or often take issue with his opinions. But on Friday, Gorsuch handed down an important Fourth Amendment case that has a somewhat puzzling section with far-reaching implications."

You can access last Friday's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 08:03 PM by Howard Bashman



"Constitution Check: Is Section 3 of the Voting Rights Act a dead letter?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 07:53 PM by Howard Bashman


"Tinkers Talk of Their Historic Case, Importance of Student Free Speech": David L. Hudson Jr. has this report online at the Newseum Institute.
Posted at 05:33 PM by Howard Bashman


"U.S. court revives Ten Commandments monument lawsuit against NK-A School District": Liz Hayes of The Pittsburgh Tribune-Review has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.

Circuit Judge D. Brooks Smith, who later this year is expected to become the Third Circuit's chief judge, issued a 22-page opinion concurring dubitante.
Posted at 05:03 PM by Howard Bashman



"Court strikes down N.J. sports betting law": John Brennan of The Record of Hackensack, New Jersey has this report.

Brent Johnson and Jonathan D. Salant of NJ.com report that "N.J. loses again in quest to bring sports betting to state."

Joe Drape of The New York Times reports that "Federal Court Blocks New Jersey Plan to Legalize Sports Betting."

Jonathan Stempel of Reuters reports that "New Jersey sports betting law struck down by U.S. appeals court."

The Associated Press reports that "Court again says New Jersey can't legalize sports betting."

And Bloomberg News reports that "Christie-Backed Sports Betting Law in N.J. Blocked by Court."

You can access today's en banc ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 04:55 PM by Howard Bashman



"Merrick Garland chokes up at service for pal": Kim Janssen of The Chicago Tribune has an article that begins, "He may have started out as the original 'nobody nobody sent,' but Abner Mikva was sent off in grand style Monday at a memorial service where he was feted by a crowd of political heavyweights including a Supreme Court justice and the president of the United States."
Posted at 04:38 PM by Howard Bashman


"Supreme Court Justice Ruth Bader Ginsburg discusses the 2015-16 term": Duke University School of Law has posted this video online at YouTube.
Posted at 04:32 PM by Howard Bashman


"New York City Can Require Sodium Warnings, Judge Rules": John Surico had this article in The New York Times back in February 2016.

And Bloomberg News reported on the decision in an article headlined "New York's Salt-Shaker Warning Survives Legal Challenge."

The case is now on appeal in New York State court, and yesterday plaintiff-appellant the National Restaurant Association filed its opening brief on appeal.
Posted at 04:26 PM by Howard Bashman



Seventh Circuit grants rehearing en banc in a case the dissent criticized as "enabling police seizures for 'parking while black'": Thanks to a reader of the blog, I have learned that yesterday the U.S. Court of Appeals for the Seventh Circuit issued this order granting rehearing en banc in the case.

Yesterday's order granting en banc review vacated the earlier opinion of a divided three-judge Seventh Circuit panel. This blog's coverage of that earlier decision appeared here and here.
Posted at 04:18 PM by Howard Bashman



Monday, August 8, 2016

Programming note: I am about to head into an oral argument prep cocoon from which I expect to emerge at some point tomorrow afternoon once the oral argument in question has concluded. In the interim, as often happens while I am away from my work and home computers, additional appellate-related retweets likely will appear on this blog's Twitter feed. Additional blog posts will appear here on Tuesday afternoon.

Update: My appellate oral argument midday Tuesday went very well. I will provide links to any news coverage that appears. At some point during my oral argument on behalf of plaintiffs-appellees, I heard something resembling an outcry or commotion from opposing counsel's table just to the right of where I was standing. After the oral argument, one of the attorneys on my team told me the noise occurred when one of the two attorneys sitting at the table for opposing counsel had his or her cell phone start ringing during the oral argument.
Posted at 04:50 PM by Howard Bashman



"College Students Go to Court Over Sexual Assault": Law professor Jeannie Suk Gersen has this post online at The New Yorker.
Posted at 04:42 PM by Howard Bashman


"Did Obama win the judicial wars? Liberals say he shied away from too many battles and ran into GOP roadblocks; But the result is still a transformation of U.S. courts." Michael Grunwald of Politico.com has this report.
Posted at 04:40 PM by Howard Bashman


"Courts Channel Scalia and Get Different Answers": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 03:48 PM by Howard Bashman


"On Voting, Courts Stepping Up to Responsibilities": Kenneth Jost had this post yesterday at his blog, "Jost on Justice."
Posted at 03:45 PM by Howard Bashman


"Justice Kennedy's evolution on race": Joan Biskupic of CNN.com has this report.
Posted at 03:44 PM by Howard Bashman


"Republicans Are Not Attacking Democracy; Not every battle over voting is an assault on democratic values": Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online today at The Atlantic.
Posted at 02:44 PM by Howard Bashman


"Congratulations! @howappealing is now verified." So states the subject line of an email that just arrived from Twitter. Thanks to all of this blog's many, many readers and Twitter followers for helping to bring about that good news. You can follow this blog on Twitter via this link.
Posted at 02:38 PM by Howard Bashman


"Where does the government immigration case stand now?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 02:08 PM by Howard Bashman


"3 decades later, murder plea deal is still in dispute": Maura Dolan of The Los Angeles Times had this report in March 2015 about the oral argument of a California state prisoner's habeas appeal before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

Today, the majority on a divided three-judge Ninth Circuit panel issued a decision affirming the district court's denial of habeas relief in the case.
Posted at 02:00 PM by Howard Bashman



"Chevron Wins Ruling Blocking $8.6 Billion Order in Ecuador Fight": Bloomberg News has this report.

The Associated Press reports that "US court rules for Chevron in Ecuador rainforest-damage case."

And Jonathan Stempel of Reuters reports that "Chevron beats U.S. appeal in Ecuador pollution case."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:48 PM by Howard Bashman



"Criminal Defendants Sometimes 'Left Behind' at Supreme Court, Study Shows": Adam Litpak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 09:36 AM by Howard Bashman


Sunday, August 7, 2016

"The crusade of a Democratic superlawyer with multimillion-dollar backing": Robert Barnes of The Washington Post has an article that begins, "After a lopsided string of court victories knocking down state voting restrictions, Democratic superlawyer Marc E. Elias was literally flying high last week in his pursuit of other Republican-initiated voting laws he says hurt his party's most loyal constituencies."
Posted at 09:48 PM by Howard Bashman


Sixth Circuit again reinstates Ohio dentist's lawsuit challenging regulation limiting when a dentist may advertise as a specialist: You can access Friday's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 08:30 PM by Howard Bashman


En banc Fifth Circuit holds that "crime of violence" definition incorporated by reference into U.S. Sentencing Guidelines is not unconstitutionally vague under Johnson v. United States: You can access Friday's en banc ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 08:20 PM by Howard Bashman


"Court: IRS needs to prove it isn't targeting conservative groups." Wesley Bruer of CNN.com has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued on Friday.
Posted at 08:05 PM by Howard Bashman


"Obama allies: GOP will cave in Supreme Court fight." Lydia Wheeler of The Hill has an article that begins, "Liberal groups say they are increasingly confident that Senate Republicans will crack after the November election and confirm Merrick Garland to the Supreme Court."
Posted at 07:48 PM by Howard Bashman


"Breyer Brings Back Courtesy -- at a Cost; Justice Stephen Breyer's attempt to return internal respect to the Supreme Court is noble, but he chose the wrong case to make his point": Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 07:42 PM by Howard Bashman


"Professors as Amici": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 07:38 PM by Howard Bashman


Friday, August 5, 2016

Programming note: Thanks to a three-day weekend at the southern New Jersey shore, where the weather is beautiful today, additional posts will appear here Sunday night. As always while I am away, new appellate-related retweets may appear on this blog's Twitter feed in the interim.
Posted at 01:32 PM by Howard Bashman


Thursday, August 4, 2016

"Will the Supreme Court take up transgender rights?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:37 PM by Howard Bashman


"Courtesy Counts in Transgender Bathroom Case": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 07:40 PM by Howard Bashman


"Movement for Stricter Voting Rules Hit by Wave of Skeptical Court Rulings; Decisions reject GOP-backed statehouses' bids to tighten voter-ID, other balloting procedures": Jess Bravin of The Wall Street Journal has this report.
Posted at 04:48 PM by Howard Bashman


"What Would the Founders Think of Your Bedroom Games?" Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 03:42 PM by Howard Bashman


"Federal judge upholds 'comfort women' statue in Glendale park": Brittany Levine of The Los Angeles Times had this article back in August 2014.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued this decision affirming the district court's judgment.
Posted at 01:55 PM by Howard Bashman



Your over-length appellate brief is chubby and fat: Ninth Circuit Judge Alex Kozinski uses some colorful language in a dissent from an order granting permission to file an oversized appellate brief issued today.

Judge Kozinski's dissent concludes:

For my part, I don't feel bound to read beyond the 14,000 words allowed by our rules, so I won't read past page 66 of the state's brief. If counsel for the state wishes me to consider any argument in the remaining portion of her brief, she should feel free to file a substitute brief, no longer than 14,000 words, which I will read in lieu of her oversized brief, so long as it is filed no later than 7 days from the date of this order.

Posted at 01:46 PM by Howard Bashman


"Adrian Peterson's 2014 fine affirmed by appeals court; Minnesota judge had ruled in favor of the Vikings running back": Stephen Montemayor of The Minneapolis Star Tribune has this report.

Jonathan Stempel of Reuters has an article headlined "NFL had authority to suspend Vikings' Peterson -- appeals court."

And The Associated Press reports that "Appeals court upholds Adrian Peterson suspension in '14 case."

You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 01:30 PM by Howard Bashman



"Ex-wife of slain FSU professor denies role in killing": Rebeca Piccardo of The South Florida Sun Sentinel has this report.

And The Associated Press reports that "FSU law prof's ex-wife says she had no role in murder-for-hire plot; Attorneys for Wendi Adelson and several family members said that speculation they had a role in Dan Markel's killing is 'categorically false.'"
Posted at 01:11 PM by Howard Bashman



"Have you ever met Justice Ginsburg?" That's one of the questions asked in Dave Itzkoff's article in today's edition of The New York Times headlined "Kate McKinnon on 'Ghostbusters,' 'S.N.L.' and Hillary Clinton; Ms. McKinnon, who has delivered reliably eccentric impersonations of powerful women, talks about the differences between her characters and herself."
Posted at 11:44 AM by Howard Bashman


"Law School, Jenner & Block Partner to Launch Supreme Court and Appellate Clinic": The University of Chicago Law School issued this news release Tuesday.
Posted at 11:20 AM by Howard Bashman


"Supreme Court Blocks Order Allowing Transgender Student Restroom Choice": Adam Liptak has this article in today's edition of The New York Times.

David G. Savage of The Los Angeles Times reports that "Supreme Court grants emergency order to block transgender male student in Virginia from using boys' restroom."

In today's edition of The Washington Post, Moriah Balingit and Robert Barnes have an article headlined "Supreme Court issues stay in transgender bathroom case, blocking teen's use of boys' bathroom."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Temporarily Blocks Virginia Transgender Student From Boys Restroom; Justice Breyer joins conservatives in majority; case likely to make court's fall calendar."

Richard Wolf of USA Today reports that "Supreme Court blocks transgender victory on bathrooms."

Louis Llovio of The Richmond Times-Dispatch reports that "U.S. Supreme Court ruling means that Gloucester County can prevent a transgender student from using the boys' restroom -- for now."

Reema Amin of The Daily Press of Newport News, Virginia reports that "Supreme Court curtails transgender student's restroom access."

Greg Stohr of Bloomberg News reports that "High Court Blocks Transgender Student From Using Boys' Bathroom."

David Ingram of Reuters reports that "U.S. Supreme Court blocks transgender bathroom choice for now."

The Associated Press has a report headlined "High court: School can block transgender teen from boys room."

Ariane de Vogue of CNN.com reports that "Supreme Court temporarily blocks order on transgender bathroom use."

Caitlin Emma and Josh Gerstein of Politico.com report that "Supreme Court blocks ruling that let transgender Va. student use boys' bathroom."

Chris Geidner of BuzzFeed News reports that "Supreme Court Halts Order Allowing Transgender Student To Use Restroom Of His Gender Identity; A 5-3 vote to put the trial court's injunction on hold."

And Cristian Farias of The Huffington Post reports that "Supreme Court Blocks Order In Favor Of Trans Student Seeking Bathroom Access; This is the first time the justices have entered this nationwide debate."

You can access yesterday evening's stay order of the U.S. Supreme Court at this link.
Posted at 09:50 AM by Howard Bashman



"Forced Judicial Restraint": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 09:12 AM by Howard Bashman


"When Sandra Day O'Connor Broke Into the Men's Club": Linda Greenhouse has this essay online today at The New York Times.
Posted at 09:10 AM by Howard Bashman


Wednesday, August 3, 2016

"Principled Premises, Platitudes, Presuppositions, Palliatives, And Post-Mortems Of Posnerian Jurisprudence": This post appears today at "Above the Law."
Posted at 04:33 PM by Howard Bashman


"Adelsons: Markel accusations 'fanciful fiction.'" Karl Etters of The Tallahasse Democrat has this report.

And at "Above the Law," David Lat has a post titled "The Dan Markel Murder Case: The Adelson Family Speaks."
Posted at 04:32 PM by Howard Bashman



"Clinton Library releases Merrick Garland files": Josh Gerstein, Sarah Wheaton, and Seung Min Kim of Politico.com have this report.
Posted at 04:25 PM by Howard Bashman


Programming note: Thanks to an oral argument prep session, additional posts will appear here later this afternoon. As always while I am away from my office, new appellate-related retweets may appear on this blog's Twitter feed in the interim.
Posted at 10:36 AM by Howard Bashman


"Court upholds Sandy Springs' ban on sex toys": Bill Rankin of The Atlanta Journal-Constitution has an article that begins, "The federal appeals court in Atlanta has upheld Sandy Springs' prohibition against adult entertainment establishments that want to sell sexual devices."

My earlier coverage of yesterday's Eleventh Circuit ruling can be accessed here.
Posted at 10:09 AM by Howard Bashman



"A Voting-Rights Victory in North Carolina": Law professor Jedediah Purdy has this post online at The New Yorker.

And yesterday evening's broadcast of NPR's "All Things Considered" contained an audio segment titled "Voter ID Laws Face Uncertain Future After Court Decisions" featuring law professor Richard L. Hasen, author of the "Election Law Blog."
Posted at 08:03 AM by Howard Bashman



"Roy Moore cited religious freedom concerns in gay marriage memos": Kent Faulk of The Birmingham News has this report.

And Brian Lyman of The Montgomery Advertiser reports that "Roy Moore could have hearing in late Sept."
Posted at 07:54 AM by Howard Bashman



Tuesday, August 2, 2016

"NC will defend voter ID without attorney general": Craig Jarvis and Anne Blythe of The News & Observer of Raleigh, North Carolina have this report.

And The Associated Press reports that "Democrat won't keep defending North Carolina voter ID law."
Posted at 10:48 PM by Howard Bashman



Still no due process right to buy, sell, and use sexual devices in the Eleventh Circuit, three-judge panel holds while inviting en banc review: You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 09:20 PM by Howard Bashman


"Supreme Court: Delaware's death penalty law unconstitutional." Jessica Masulli Reyes of The News Journal of Wilmington, Delaware has this report.

The Associated Press reports that "Delaware court says state death penalty law unconstitutional."

Reuters reports that "Delaware's top court strikes down state's death penalty statute."

And Chris Geidner of BuzzFeed News reports that "Delaware Supreme Court Rules That State's Death Penalty Law Is Unconstitutional; 'Delaware's current death penalty statute violates the Sixth Amendment role of the jury,' the state's high court rules in a 3-2 decision striking down the entire death penalty law."

You can access today's 3-to-2 ruling of the Supreme Court of Delaware at this link.
Posted at 05:58 PM by Howard Bashman



"Journalist facing jail over hacking seeks reprieve from Obama": Josh Gerstein of Politico.com has this blog post today.
Posted at 05:46 PM by Howard Bashman


"Voter Access In 2016: Latest On Restrictions Across The Country." This audio segment appeared on today's broadcast of The Diane Rehm Show.
Posted at 05:14 PM by Howard Bashman


"Is Trump a threat to the constitutional order?" Eric Posner has this blog post today.
Posted at 03:52 PM by Howard Bashman


"Ottawa overhauls process for selecting Supreme Court justices": Steven Chase of The Globe and Mail of Toronto has an article that begins, "The Liberal government has confirmed it will overhaul the way Canada picks a Supreme Court justice, opening up a process that has been criticized as partisan and unaccountable."

Justin Trudeau, the Prime Minister of Canada, has an essay online at The Globe and Mail titled "Why Canada has a new way to choose Supreme Court judges."

And Reuters reports that "Canada to let potential Supreme Court justices nominate themselves."
Posted at 01:42 PM by Howard Bashman



"Would Tom Brady have won in the Supreme Court?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:38 PM by Howard Bashman


"Court: Super PACs can be named after candidates." Josh Gerstein of Politico.com has this blog post reporting on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:28 PM by Howard Bashman


"Judge sides with ICANN: Plaintiffs can't take all of Iran's domain names; Attempt to collect on a $109M judgment hasn't gone very far in over a decade." Cyrus Farivar of Ars Technica had this report back in November 2014.

Today, a unanimous two-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued this decision affirming the judgment.
Posted at 01:22 PM by Howard Bashman



"State files formal appeal of ruling granting new trial to Adnan Syed": Justin Fenton of The Baltimore Sun has this report.

And The Associated Press reports that "Maryland lays out reasons against new trial in 'Serial' case."
Posted at 01:15 PM by Howard Bashman



"Pemex loses U.S. appeal of $406 mln arbitration award": Nate Raymond of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:10 PM by Howard Bashman


"CBS drops 'conspiracy' motion to delay Alycia Lane lawsuit over email snooping": Joseph A. Slobodzian has this article in today's edition of The Philadelphia Inquirer.
Posted at 12:09 PM by Howard Bashman


"Turkish Gold Trader Builds a Dream Team of Defense Lawyers": Benjamin Weiser of The New York Times has this report.

According to the article, "The team includes Paul D. Clement, the former solicitor general of the United States, and his partner, Viet D. Dinh, a former assistant attorney general, who are both appellate specialists."
Posted at 12:06 PM by Howard Bashman



"Pa. high court rejects bid by legislators to join case on judge retirement age": Caitlin McCabe has this article in today's edition of The Philadelphia Inquirer.
Posted at 12:00 PM by Howard Bashman


"It's 'Christmas' for challengers to voting restriction laws": Ariane de Vogue of CNN.com has this report.
Posted at 11:52 AM by Howard Bashman


"What is legal interpretation anyway?" Will Baude has this guest post at "The Volokh Conspiracy."
Posted at 10:58 AM by Howard Bashman


"Turning the Tide on Voting Rights": Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this op-ed in today's edition of The New York Times.
Posted at 09:33 AM by Howard Bashman


Monday, August 1, 2016

"Is SCOTUS a Good Reason to Support Trump? Libertarian and Conservative Legal Experts Weigh In." Damon Root has this post today at Reason.com's "Hit & Run" blog.
Posted at 10:18 PM by Howard Bashman


"Summerville judge among seven vying for S.C. Supreme Court seat": Maya T. Prabhu of The Post and Courier of Charleston, South Carolina has an article that begins, "Seven candidates, including a Summerville judge, hope to replace retiring S.C. Supreme Court Chief Justice Costa Pleicones."
Posted at 08:55 PM by Howard Bashman


"Photo of two Colorado Supreme Court justices adds new controversy to death row inmate's appeal; Justices had picture taken with state Rep. Rhonda Fields, who is a victim in the case": John Ingold of The Denver Post has this report.
Posted at 08:52 PM by Howard Bashman


"Will the Court Revisit Shelby County? It doesn't seem likely the Supreme Court will overturn its disastrous Voting Rights Act ruling, even if there's a new liberal on the bench." Zachary Roth has this jurisprudence essay online today at Slate.
Posted at 08:42 PM by Howard Bashman


"It's OK to Hold Police to a Higher Standard": Online today at Bloomberg View, law professor Noah Feldman has an essay that begins, "Can police be held to a higher standard than civilians? The Ohio Supreme Court said no last week, in striking down a law that criminalizes sex between a police officer and a minor."
Posted at 08:40 PM by Howard Bashman


"Supreme Court Appointments a Big Deal Because Government Constantly Overstepping Bounds; If the other branches of government stayed within their constitutional limits, the Supreme Court wouldn't be as prominent": A. Barton Hinkle has this essay today at Reason.com.
Posted at 08:34 PM by Howard Bashman


"Voting Rights on the March: Lower courts are emboldened by a 4-4 split and the Supreme Court's abortion ruling to strike down specious voting laws." Mark Joseph Stern has this jurisprudence essay online today at Slate.
Posted at 08:30 PM by Howard Bashman


"On eve of perjury trial, Kane asks state Supreme Court for reprieve": Laura McCrystal of The Philadelphia Inquirer has this report.
Posted at 08:24 PM by Howard Bashman


"U.S. wins ownership of rare 'double eagle' gold coins": Jonathan Stempel of Reuters has this report.

And Courthouse News Service reports that "Government Wins Battle Over Rare Gold Coins."

You can access today's en banc ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 05:20 PM by Howard Bashman



"How Scalia Made It Difficult to Bring Cases to Court: The late Supreme Court justice wrote a number of opinions that limited the ability of racial minorities, victims of police misconduct, and others to vindicate their constitutional rights." David H. Gans has this essay online today at The Atlantic.
Posted at 05:12 PM by Howard Bashman


"Gridlock": Law professor Josh Blackman has posted online at SSRN this draft article, the final version of which will appear in the November 2016 issue of the Harvard Law Review.
Posted at 03:12 PM by Howard Bashman


"Judge Sets Same Trial Date for Both Markel Suspects": ABC News affiliate WTXL of Tallahassee, Florida has a report that begins, "Both of the suspects in the Dan Markel murder are set to stand trial together in November."
Posted at 03:06 PM by Howard Bashman


"Abigail Fisher: Affirmative action plaintiff 'proud' of academic record." Giles Edwards of BBC News has this report.
Posted at 01:36 PM by Howard Bashman


"Clinton And Trump Are Both Promising An Extreme Supreme Court": Oliver Roeder has this post today at FiveThirtyEight.
Posted at 01:32 PM by Howard Bashman


"Telling the Supreme Court's story, as it happens": Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 12:22 PM by Howard Bashman


"Clinton's court shortlist emerges": Lydia Wheeler of The Hill has this report.
Posted at 10:50 AM by Howard Bashman


"New Report Details How the Justices Are Shying Away from Recusal-Inducing Investments": Fix the Court issued this news release and accompanying report today.
Posted at 09:35 AM by Howard Bashman


"The Perils of Executive Action: Obama used the power of the pen to make policy; What would Trump do?" James Surowiecki has this essay in the August 8, 2016 issue of The New Yorker.
Posted at 09:28 AM by Howard Bashman


"Georgia student sues school over strip search in front of classmates": The Associated Press had this report back in February 2012. Last Friday, the U.S. Court of Appeals for the Eleventh Circuit issued this decision sending the case to trial.
Posted at 09:25 AM by Howard Bashman






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