How Appealing

Friday, September 30, 2016

"Court refuses to release names of US-trained military leaders": Bob Egelko of The San Francisco Chronicle has an article that begins, "Bay Area activists have no right to force public disclosure of the names of Latin American military leaders trained at a U.S. Army installation formerly known as the School of the Americas, a divided federal appeals court ruled Friday."

And The Associated Press has a report headlined "Court: US does not have to disclose Army school trainees."

My earlier coverage of today's Ninth Circuit ruling can be accessed here.
Posted at 08:14 PM by Howard Bashman



"The Trial of Roy Moore: Can Alabama finally move on from a decade of controversy brewed by one man's hate?" Ashley Cleek has this jurisprudence essay online today at Slate.
Posted at 06:17 PM by Howard Bashman


"Supreme Court Continues to Steer Clear of Ideological Disputes; Still short a justice, the high court opens new term focusing on nuts-and-bolts cases": Jess Bravin of The Wall Street Journal has this report.
Posted at 06:14 PM by Howard Bashman


"Presidential Election Likely To Impact Short Handed Supreme Court": This audio segment featuring Nina Totenberg appeared on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 05:26 PM by Howard Bashman


"Court weighs releasing names of U.S.-trained military leaders": In May 2016, Bob Egelko of The San Francisco Chronicle had an article that begins, "A federal appeals court panel appeared to be divided Friday on whether the government must disclose the names of Latin American military leaders it has trained at the installation formerly known as the School of the Americas, whose graduates include some who have been implicated in human rights abuses."

Today, by a vote of 2-to-1, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a decision holding that the names are not subject to disclosure.
Posted at 01:55 PM by Howard Bashman



"How Barack Obama Lost the Judicial Nomination Standoff: Or did he win after all?" Dahlia Lithwick has this essay online at Slate.
Posted at 01:32 PM by Howard Bashman


"Judge denies Markel suspect's request for change of venue": Karl Etters of The Tallahassee Democrat has this report.
Posted at 01:28 PM by Howard Bashman


"A Liberal Supreme Court": David Leonhardt has this essay online today at The New York Times.
Posted at 01:12 PM by Howard Bashman


"Alabama Supreme Court Chief Justice Roy Moore suspended for rest of term": Kent Faulk of The Birmingham News has this report.

Brian Lyman of The Montgomery Advertiser reports that "Roy Moore suspended as chief justice for remainder of term."

And The Associated Press reports that "Alabama justice off bench for defying feds on gay marriage."

You can access today's final judgment of the Court of the Judiciary of Alabama at this link.
Posted at 01:02 PM by Howard Bashman



"The Legal Fiction That Could Kill Duane Buck: A man's life hinges on the Supreme Court's evaluation of racist testimony during his sentencing." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 11:02 AM by Howard Bashman


"Taking Stock: New Cases and an Emerging Picture of the Term." Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 11:00 AM by Howard Bashman


"N.H. Supreme Court orders murder victim's sexual history remain sealed": Alyssa Dandrea has this front page article in today's edition of The Concord Monitor.

In today's edition of The New Hampshire Union Leader, Shawne K. Wickham has a front page article headlined "Supreme Court: Marriott records will remain sealed."

Travis Andersen of The Boston Globe reports that "Details about N.H. murder victim's sexual history to remain sealed."

And The Associated Press reports that "Court upholds teen rape and murder victim's privacy rights."

You can access yesterday's order of the Supreme Court of New Hampshire at this link.
Posted at 10:55 AM by Howard Bashman



"U.S. Supreme Court returns to work with glaring vacancy": Lawrence Hurley of Reuters has this report.
Posted at 10:03 AM by Howard Bashman


"Judges and Journalists: Accuracy and Access." The National Constitution Center will be hosting this program in Philadelphia on Monday, November 14, 2016. You can access the program's agenda at this link.

This Constitution Center event is taking place very next day after this year's Appellate Judges Education Institute Summit concludes in Philadelphia. If you haven't yet signed-up to attend the 2016 AJEI Summit, there's still time to do so via this link.
Posted at 10:00 AM by Howard Bashman



Thursday, September 29, 2016

"Federal appeals court strikes down ballot selfies ban": Kevin Landrigan of The New Hampshire Union Leader has this report.

In today's edition of The Concord Monitor, David Brooks has a front page article headlined "State's law against 'ballot selfies' again rejected by federal court."

Katie Rogers of The New York Times reports that "Court Overturns New Hampshire Ban on Selfies (and Snapchat) in Voting Booths."

Joe Palazzolo of The Wall Street Journal reports that "Appeals Court Overturns Ban on Selfies in Voting Booths; First Circuit strikes down a New Hampshire law that banned voters from sharing photos of their marked ballots on social media."

Jaclyn Reiss and Milton Valencia of The Boston Globe have an article headlined "Go ahead and take a ballot selfie -- it's now legal in N.H."

Gintautas Dumcius of The Republican of Springfield, Massachusetts reports that "US appeals court says ban on 'ballot selfies' is unconstitutional."

The Associated Press has a report headlined "Court: Law banning people's ballot photos unconstitutional."

David Kravets of Ars Technica reports that "New Hampshire law barring ballot selfies is unconstitutional, court rules; Not even the motive to limit voter coercion can bar right to ballot booth selfies."

Chris Geidner of BuzzFeed News reports that "New Hampshire 'Ballot Selfie' Ban Is Unconstitutional, Appeals Court Rules; The ACLU -- supported by a journalists' group and Snapchat -- sued the state over the law."

Cristian Farias of The Huffington Post has an article headlined "Snapchat Fans, Rejoice: Ballot Selfies Are Totally Constitutional In New Hampshire; You can't be prosecuted for uploading a selfie while you cast your vote."

And Josh Gerstein of Politico.com has a blog post titled "Appeals court: Ballot selfie ban unconstitutional."

You can access yesterday's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 11:55 PM by Howard Bashman



"A Loss for Citizens United. And for Democrats." Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 11:32 PM by Howard Bashman


"Court to rule on offensive trademarks": Lyle Denniston has this blog post today.
Posted at 10:08 PM by Howard Bashman


"Malcolm Lucas, former California chief justice, dies at 89": Bob Egelko of The San Francisco Chronicle has this report.

And Jeremy B. White and Christopher Cadelago of The Sacramento Bee report that "Former California Chief Justice Malcolm Lucas dies at 89."
Posted at 05:03 PM by Howard Bashman



"Supreme Court to Hear Case on Objectionable Trademarks; The case involving the name of an Asian-American rock band could have implications for the Washington Redskins": Brent Kendall and Jess Bravin of The Wall Street Journal have this report.
Posted at 04:56 PM by Howard Bashman


"Obama's Former Supreme Court Lawyer Says He 'Hated Losing' Big Immigration Case; Donald Verrilli, who helped save Obamacare twice, is returning to private practice": Cristian Farias of The Huffington Post has this report.
Posted at 04:55 PM by Howard Bashman


"At heart of transgender rights case at SCOTUS, a controversial legal doctrine": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 04:45 PM by Howard Bashman


"Conservative legal tactic could imperil Clinton agenda; By shopping for like-minded judges and seeking nationwide injunctions, GOP-led states have had success blocking presidential orders": Josh Gerstein of Politico.com has this report.
Posted at 01:38 PM by Howard Bashman


"Record Number of UVA Law Alumni Clerk for U.S. Appeals Courts": The University of Virginia School of Law issued this news release today.
Posted at 01:36 PM by Howard Bashman


"How Mitch McConnell won the Supreme Court fight": Joan Biskupic of CNN.com has this report.
Posted at 01:32 PM by Howard Bashman


"'I Wanted to Dramatize the Racist Attitude of the Majority': An interview with 94-year-old Judge Damon Keith, author of the most important voting rights dissent in recent history." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 01:28 PM by Howard Bashman


"Markel suspect seeking change of venue": Karl Etters of The Tallahassee Democrat has this report.
Posted at 01:22 PM by Howard Bashman


"Law on Disparaging Trademarks Gets Supreme Court Review": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Supreme Court to review case important to Redskins trademark fight."

David G. Savage of The Los Angeles Times reports that "Supreme Court to decide if offensive names like 'Redskins' and 'Slants' can be trademarked."

Richard Wolf of USA Today reports that "Supreme Court to consider disparaging trademarks" and "Supreme Court to hear special education case."

Greg Stohr of Bloomberg News reports that "Supreme Court Takes Up Trademark Case That Might Affect Redskins" and "Credit-Card Surcharge Laws Draw Review at U.S. High Court."

Andrew Chung of Reuters reports that "U.S. top court to hear dispute over trademark for band The Slants." And Lawrence Hurley of Reuters reports that "U.S. Supreme Court agrees to hear credit card surcharge fee fight."
Posted at 01:20 PM by Howard Bashman



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

In early news coverage, The Associated Press reports that "Supreme Court to hear challenge over offensive trademarks"; "Supreme Court to hear 'swipe fees' case"; "Supreme Court to hear case over deportations"; "Justices take up fight over refunding fees in criminal cases"; and "Supreme Court says it will hear special education case."
Posted at 09:42 AM by Howard Bashman



"Alito Recalls Garth as 'Epitome of Dedication'": David Gialanella of the New Jersey Law Journal has this report.
Posted at 09:38 AM by Howard Bashman


"Pondering the Supreme Court's Future": Linda Greenhouse has this essay online today at The New York Times.
Posted at 09:33 AM by Howard Bashman


"The Climate-Change Countdown: Why a Donald Trump Supreme Court pick could destroy progress in the fight against global warming." Elizabeth Kolbert has this post online today at The New Yorker.
Posted at 09:23 AM by Howard Bashman


Wednesday, September 28, 2016

"Obama's Clean Power Plan gets court showdown": Richard Wolf of USA Today has an article that begins, "The nation's second most powerful court spent nearly seven hours Tuesday trying to decide whether President Obama's signature plan to fight global warming represents a transformative environmental initiative or tramples on the prerogatives of Congress and the states."

Ann E. Marimow and Brady Dennis of The Washington Post report that "Appeals court considers Obama's climate change plan."

Coral Davenport of The New York Times reports that "Appeals Court Hears Challenge to Obama's Climate Change Rules."

Amy Harder of The Wall Street Journal reports that "Power-Plant-Emissions Court Case Raises Questions on EPA Rules' Scope; Judges focus on whether the agency overstepped its legal authority."

Oliver Milman of The Guardian (UK) reports that "Obama's climate change legacy at stake as Clean Power Plan has its day in court; Seven hours of legal argument on states' right to allow carbon pollution may determine the fate of the centerpiece of US efforts to limit climate change."

Andrew M. Harris and Jennifer A. Dlouhy of Bloomberg News report that "Obama's Climate Legacy Under Fire as Power Plan Faces Test."

Valerie Volcovici of Reuters reports that "Obama power plant rules face key test in court."

Ariane de Vogue of CNN.com reports that "Appeals court hears high-stakes challenge to Obama's clean power plan."

Lastly, Amanda Reilly of Greenwire has an article headlined "Lawyers, law profs dish in marathon court session's wake," while Ellen M. Gilmer of EnergyWire has an article headlined "Oral arguments: the blow by blow."

You can access here (part one) and here (part two) the audio of yesterday's marathon oral argument before the en banc U.S. Court of Appeals for the D.C. Circuit.
Posted at 11:22 PM by Howard Bashman



"9th Circuit in Picasso case: U.S. judges can look beyond briefs to interpret foreign law." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 10:48 PM by Howard Bashman


"5th Circuit ponders New Orleans' Confederate monuments": Kevin Litten of The Times-Picayune of New Orleans has this report.

And The Associated Press reports that "New Orleans tells court it can remove Confederate statues."

You can access via this link (59.0 MB mp3 audio file) the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.
Posted at 10:20 PM by Howard Bashman



"Obama's former Supreme Court lawyer, Don Verrilli, joins L.A. law firm": David G. Savage of The Los Angeles Times has this report.

Sari Horwitz of The Washington Post reports that "Former solicitor general Donald Verrilli to open D.C. office of California law firm."

And Elizabeth Olson of The New York Times reports that "Donald Verrilli, Former Solicitor General, to Join Law Firm."

Today, the law firm of Munger, Tolles & Olson LLP issued a news release titled "Former Solicitor General Don Verrilli Joins Munger Tolles to Open DC Office."
Posted at 03:38 PM by Howard Bashman



"You Can't Strip Dancers of the Right to Bare All": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 03:33 PM by Howard Bashman


"Supreme Court on Verge of Historic Shift Is Stuck in Limbo for Now": Greg Stohr of Bloomberg News has this report.
Posted at 03:30 PM by Howard Bashman


"Moore goes before ethics panel on gay marriage order": The Associated Press has this report.
Posted at 01:46 PM by Howard Bashman


"Death-Penalty Drugmaker Shouldn't Be Anonymous": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:35 PM by Howard Bashman


"A Leading Light Of The Federal Judiciary Will Take Senior Status By Year's End": David Lat has this post at "Above the Law."
Posted at 10:54 AM by Howard Bashman


"Ruth Bader Ginsburg: Justice For All." In the newest installment of the "what it takes" podcast from the Academy of Achievement, Nina Totenberg speaks with Justice Ruth Bader Ginsburg.
Posted at 09:10 AM by Howard Bashman


"Tilton Rejected as U.S. Supreme Court Lets SEC Case Proceed": Greg Stohr of Bloomberg News has this report.

And Lawrence Hurley of Reuters reports that "Supreme Court declines financier's bid to block SEC action."
Posted at 09:00 AM by Howard Bashman



"Roy Moore trial Wednesday: Will he lose chief justice job twice in 13 years?" Kent Faulk has this front page article in today's edition of The Birmingham News.

AL.com will be offering live updates via this link.
Posted at 08:56 AM by Howard Bashman



"Trudeau waffles on approach to appointing Supreme Court judge": In today's edition of The Toronto Globe and Mail, Sean Fine has a front page article that begins, "Prime Minister Justin Trudeau joined a unanimous vote in the House of Commons on Tuesday on an opposition motion that urges his government to 'respect the custom of regional representation' when it fills a current opening on the Supreme Court."
Posted at 08:44 AM by Howard Bashman


"Comparing the ideologies of Supreme Court nominees": Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 08:34 AM by Howard Bashman


"Constitution Check: Could Roe v. Wade be overruled without amending the Constitution?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:24 AM by Howard Bashman


"Why Nobody's Talking About the Supreme Court": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:22 AM by Howard Bashman


Tuesday, September 27, 2016

"Ala. PAC-to-PAC transfer ban upheld by appeals court": Brian Lyman of The Montgomery Advertiser has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 11:20 PM by Howard Bashman


As expected, the Seventh Circuit plans to opt-out of the forthcoming FRAP word-limit reductions for appellate briefs: On Friday of last week, the U.S. Court of Appeals for the Seventh Circuit published these proposed changes to its local rules.

Similarly, in June 2016, the U.S. Court of Appeals for the Ninth Circuit published amendments to its local rules that likewise will retain the current word limits for appellate briefs effective December 1, 2016, rejecting the FRAP word-limit reductions scheduled to take effect on that date.
Posted at 10:58 PM by Howard Bashman



"Appeals judges halts Pinnacle-Hershey merger": David Wenner of The Patriot-News of Harrisburg, Pennsylvania has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 10:48 PM by Howard Bashman


"Vivendi loses U.S. appeal in long-running investor lawsuit": Nate Raymond of Reuters has this report.

Bob Van Voris of Bloomberg News reports that "Vivendi Loses Appeal of 2010 Securities Fraud Verdict."

At the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Appeals Court Upholds Verdict Against Vivendi for Misleading Shareholders; The case began in 2003 and dealt with statements about the conglomerate's liquidity after a $77 billion buying spree."

And Alison Frankel's "On the Case" from Thomson Reuters News & Insight today has a post titled "2nd Circuit in Vivendi case: Corporations can be liable for prolonging misconceptions."

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



"Dancers sue to overturn Louisiana strip club age requirements": Kevin Litten of The Times-Picayune of New Orleans has an article that begins, "Three dancers have filed a federal lawsuit alleging that a law requiring performers in strip clubs be at least age 21 is unconstitutional."
Posted at 07:46 PM by Howard Bashman


"Applying Game Theory to the Supreme Court Confirmation Fight": Avinash K. Dixit and David McAdams have this article online at the Harvard Business Review.
Posted at 07:42 PM by Howard Bashman


"Appeals court upholds $2 million judgment against SF art editor": Bob Egelko of The San Francisco Chronicle has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 10:22 AM by Howard Bashman


"2016 Ninth Circuit Judicial Conference Videos Now Available": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release yesterday.

The videos -- including one titled "A Conversation with Associate Justice Anthony M. Kennedy" -- can all be accessed online via this link.
Posted at 10:15 AM by Howard Bashman



Monday, September 26, 2016

"Appeals Court Tosses Antitrust Judgment Against American Express; Court rules AmEx can bar merchants from steering customers toward other cards with lower fees": Robin Sidel and Christopher M. Matthews of The Wall Street Journal have this report.

Jonathan Stempel of Reuters reports that "AmEx can bar merchants from steering card customers elsewhere."

Bob Van Voris and Jennifer Surane of Bloomberg News report that "AmEx Can Bar Merchants From Steering Users to Rival Cards."

And Larry Neumeister of The Associated Press reports that "Appeals court rules for American Express in fee dispute."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 08:00 PM by Howard Bashman



"After A Very Bad Year, Americans Like The Supreme Court Again, Survey Finds; A bit of good news while the court limps along with only eight members": Cristian Farias of The Huffington Post has this report.
Posted at 05:48 PM by Howard Bashman


"Judge Leonard I. Garth, 1921-2016": Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 05:44 PM by Howard Bashman


"SCOTUS 2016 Term: By the Numbers." Kimberly Robinson of Bloomberg BNA has this report.
Posted at 05:38 PM by Howard Bashman


In the October 2016 issue of ABA Journal magazine: Mark Walsh has an article headlined "SCOTUS considers death penalty case in which expert testified race could predict future violence."

Leslie A. Gordon has an article headlined "Law profs create 4th Amendment warning signs for lawns."

And David L. Hudson Jr. has articles headlined "Lawsuits fail to loosen bar admission rules, but issue isn't going away" and "Ex-con fights for prisoner rights and battles censorship."
Posted at 05:36 PM by Howard Bashman



"After 30 years, influential 9th Circuit judge will shift to half-time": Aimee Green of The Oregonian has this report.

Jeff Mapes of Oregon Public Broadcasting reports that "Influential Federal Appeals Judge From Oregon Reduces Role."

And today, the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued a news release titled "Ninth Circuit Judge Diarmuid O'Scannlain to Assume Senior Status."

Longtime readers of "How Appealing" will recall that Judge O'Scannlain was the second appellate judge to participate in the original iteration (as contrasted with the forthcoming reprise in conjunction with this blog's approaching 15th anniversary) of this blog's "20 Questions for the Appellate Judge" feature. You can read his interview at this link.
Posted at 05:24 PM by Howard Bashman



"How Clinton's or Trump's Nominees Could Affect the Balance of the Supreme Court": Adam Liptak and Alicia Parlapiano have this interactive report online at The New York Times.
Posted at 01:02 PM by Howard Bashman


"The Supreme Court After Scalia: There has not been a liberal majority of Justices since Nixon was President; If Hillary Clinton is elected, that will change." Jeffrey Toobin has this Annals of Law article in the October 3, 2016 issue of The New Yorker.
Posted at 12:54 PM by Howard Bashman


"Friends, Foes, and Votes": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 12:46 PM by Howard Bashman


"The battle to save the Earth from Scalia's ghost: The Obama administration's most ambitious effort to fight climate change hangs in the balance." Ian Millhiser has this post at ThinkProgress.
Posted at 10:05 AM by Howard Bashman


"Coal industry mounts unusual court-focused ad campaign; Radio ads urge a favorable decision from judges hearing high-stakes case Tuesday over Obama administration's greenhouse gas policy": Josh Gerstein of Politico.com has this report.
Posted at 10:03 AM by Howard Bashman


"In Unusual Term, Big Year for Amicus Curiae at the Supreme Court": Anthony J. Franze and R. Reeves Anderson recently had this essay in The National Law Journal.
Posted at 10:02 AM by Howard Bashman


Sunday, September 25, 2016

"Appeals court revives suit against Husted over inactive voters": Jim Provance of The Toledo Blade has this report.

And Robert Higgs of The Cleveland Plain Dealer reports that "Federal court says Ohio's system for purging voters violates federal law."

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



"Court ruling allows Kubsch new trial; Mishawaka man found guilty twice in 1998 killings": The South Bend Tribune has this report on an en banc ruling that the U.S. Court of Appeals for the Seventh Circuit issued on Friday.
Posted at 10:48 PM by Howard Bashman


"Pharmacy Argues There's A First Amendment Right To Secretly Sell Execution Drugs": Chris McDaniel and Chris Geidner of BuzzFeed News have this report.
Posted at 10:44 PM by Howard Bashman


"Court upholds Arizona ballot qualifying timeline for minor parties": Howard Fischer of The Arizona Daily Star has this report.

And Adam DeRose of Cronkite News reports that "Court upholds state's rules for political parties to get on the ballot."

You can access Friday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:40 PM by Howard Bashman



"Court Leader or Leading Dissenter? Chief Justice's Fate Tied to Election." Adam Liptak will have this article in Monday's edition of The New York Times.
Posted at 09:25 PM by Howard Bashman


Judge Posner on nominal damages: Circuit Judge Richard A. Posner issued this ruling Friday on behalf of a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 08:00 PM by Howard Bashman


"Trump's supreme court picks: from Tea Party senator to anti-abortion crusader; Among 10 new names, one is an originalist, one a judicial traditionalist . . . and one said firing a hygienist for 'tempting' a dentist was not unlawful discrimination." Megan Carpentier of The Guardian (UK) has this report.

Matt Ford of The Atlantic has an article headlined "What President Trump's Supreme Court Would Look Like; The Republican candidate successfully wooed Ted Cruz by releasing an expanded list of potential justices."

Deirdre Shesgreen of The Cincinnati Enquirer reports that "Local judge makes Trump's new list of potential Supreme Court judges."

Greg Bluestein of The Atlanta Journal-Constitution has a blog post titled "Donald Trump eyes a Georgia judge as a Supreme Court contender."

Chad Livengood of The Detroit News reports that "Young on Trump's list for high court nominations."

George Bennett of The Palm Beach Post has a blog entry titled "Two Floridians with Bush ties on Donald Trump's list of potential Supreme Court picks."

And Corey Hutchins of The Colorado Independent reports that "Trump looks to Colorado for potential Supreme Court justices."
Posted at 10:58 AM by Howard Bashman



"Bring on the Ballot Selfies! Why snapping a photo in the voting booth is good for democracy." Mark Joseph Stern has this essay online at Slate.
Posted at 10:32 AM by Howard Bashman


"U.S. Supreme Court has reasons to duck transgender rights fight": Lawrence Hurley of Reuters has this report.
Posted at 10:18 AM by Howard Bashman


Saturday, September 24, 2016

"Why the Supreme Court Should Take On Political Corruption in Wisconsin": Lincoln Caplan has this post online at The New Yorker.
Posted at 08:33 PM by Howard Bashman


"After Half-Century on Third Circuit, Leonard Garth Dies at 95": David Gialanella of the New Jersey Law Journal has this report.
Posted at 10:16 AM by Howard Bashman


"Obama's Clean Power Plan Heads to Court: What to Know; His signature environmental policy achievement faces its first legal test." Jennifer A Dlouhy and Andrew M Harris of Bloomberg News have this report.
Posted at 10:10 AM by Howard Bashman


"Are judges for sale? The Supreme Court could decide in pending corruption case." Billy Corriher has this post at ThinkProgress.
Posted at 10:07 AM by Howard Bashman


Friday, September 23, 2016

"Lawyer in Judge Thomas Porteous impeachment case suspended again": Drew Broach of The Times-Picayune of New Orleans has this report.
Posted at 09:15 PM by Howard Bashman


"Justice: Changing course on the bench is not weakness." Mark Sherman of The Associated Press has an article that begins, "Supreme Court Justice Anthony Kennedy says a willingness to change course on the bench is not an indication of weakness, but rather a sign of 'fidelity to your judicial oath.'"
Posted at 08:30 PM by Howard Bashman


"Yelp and the constitutional right to distribute bad reviews": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 07:50 PM by Howard Bashman


In today's mail: I received a review copy of the book "Richard Posner," by William Domnarski.
Posted at 02:22 PM by Howard Bashman


"Supreme Court Justices Won't Answer Questions About Their Health": Tony Mauro of law.com has this report.
Posted at 01:40 PM by Howard Bashman


"Trump's New Supreme Court List Favors Swing States Over D.C." Greg Stohr of Bloomberg News has this report.

And Cristian Farias of The Huffington Post has an article headlined "Donald Trump Expands His Supreme Court Wish List, Because Nothing Matters; Among the new names is Sen. Mike Lee, who quickly said thanks, but no thanks."
Posted at 01:32 PM by Howard Bashman



"Donald Trump Campaign Releases New List of Potential Supreme Court Picks; List, which includes Utah Sen. Mike Lee, is intended to appeal to conservative holdouts": Michelle Hackman has this post at WSJ.com's "Washington Wire" blog.

And Nick Gass of Politico.com reports that "Sen. Mike Lee shoots down Trump Supreme Court trial balloon."
Posted at 11:38 AM by Howard Bashman



"Why Justice Kennedy Stonewalled A Reporter Who Asked About Citizens United: Probably why. Likely why. He didn't answer our questions either." Cristian Farias of The Huffington Post has this report.
Posted at 08:02 AM by Howard Bashman


"USA TODAY suspends University of Tennessee law professor's column over Charlotte tweet": Megan Boehnke has this front page article in today's edition of The Knoxville News Sentinel.
Posted at 07:58 AM by Howard Bashman


Thursday, September 22, 2016

"Prisoners Can't Vote, But They Can Be Redistricted": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 10:04 PM by Howard Bashman


"Anonymous online critics can't be easily unmasked, Kentucky Supreme Court rules": John Cheves of The Lexington Herald-Leader has an article that begins, "Anonymous critics on the internet can't be unmasked by a defamation lawsuit unless the plaintiff proves with evidence that what they said was false, the Kentucky Supreme Court ruled in a significant First Amendment decision released Thursday."

You can access today's ruling of the Supreme Court of Kentucky at this link.
Posted at 07:58 PM by Howard Bashman



"Can insider trading case at SCOTUS help Leon Cooperman?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 07:50 PM by Howard Bashman


"Can Supreme Court Be More Than Election Sound Bite?" Kimberly Robinson of Bloomberg BNA has this report.
Posted at 07:40 PM by Howard Bashman


"'Incorrigible' public masturbator shouldn't be locked up for life, Supreme Court says": Aimee Green of The Oregonian has an article that begins, "The Oregon Supreme Court on Thursday for the first time reversed a life prison sentence for an unstoppable public masturbator -- saying Oregon's three-strikes-you're-out law for repeat sex offenders isn't always constitutional."

You can access today's ruling of the Supreme Court of Oregon at this link.
Posted at 07:35 PM by Howard Bashman



"Litigating Obamacare's race to the Supreme Court in King v. Burwell and Halbig v. Burwell": Josh Blackman has this guest post today at "The Volokh Conspiracy."

And yesterday evening Blackman had a guest post titled "How the Obama administration's executive actions sabotaged Obamacare."
Posted at 04:40 PM by Howard Bashman



"When Second Amendment Rights Need Defending: Liberals are failing immigrants, medical marijuana users, and the disabled on gun rights." Mark Joseph Stern has this jurisprudence essay online today at Slate.
Posted at 04:08 PM by Howard Bashman


"The OSG and More Potential Cases for 2016": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 04:05 PM by Howard Bashman


"Parking While Black: The courts are about to decide if police have another legal method for harassing black citizens." Law professor Bennett L. Gershman has this jurisprudence essay online at Slate.
Posted at 02:20 PM by Howard Bashman


"Constitution Check: Might the Supreme Court overrule its own gun rights ruling?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 02:18 PM by Howard Bashman


"USS Cole victims can get Sudan assets, over U.S. objection: U.S. court." Jonathan Stempel of Reuters has this report on a ruling denying panel rehearing that a three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:32 PM by Howard Bashman


"Why Do Top Attorneys Stay at Boutique Firms?" Melissa Heelan Stanzione of Bloomberg BNA has this report.
Posted at 01:16 PM by Howard Bashman


"Widow's appeal of Atlantic Coast Pipeline survey to test property rights amendment before state's highest court": In today's edition of The Richmond Times-Dispatch. Michael Martz has a front page article that begins, "An 83-year-old widow's appeal of Virginia's controversial pipeline survey law will come before the state's highest court to test a constitutional amendment that voters approved almost four years ago to protect private property rights."

And in today's edition of The News Leader of Staunton, Virginia, Gabe Cavallaro has a front page article headlined "County resident's pipeline appeal in Va. Supreme Court."
Posted at 11:30 AM by Howard Bashman



"Virginia Supreme Court to hear Daily Press appeal over court database": In today's edition of The Daily Press of Newport News, Virginia, Reema Amin has a front page article that begins, "The Virginia Supreme Court has agreed to hear an appeal requested by the Daily Press in a yearlong dispute over whether the state's Office of the Executive Secretary of the Supreme Court must release a database of court case information."

And Frank Green of The Richmond Times-Dispatch reports that "Virginia Supreme Court to hear newspaper appeal of records ruling."
Posted at 11:24 AM by Howard Bashman



"University of Tennessee investigating law professor's tweet on Charlotte demonstrators": The Knoxville News Sentinel has this report.

And at "InstaPundit," Glenn Reynolds has this post and this post about the matter.
Posted at 11:14 AM by Howard Bashman



"SCOTUS Plays Inside Baseball With Business This Term": Kimberly Robinson of Bloomberg Law has this report.
Posted at 11:06 AM by Howard Bashman


"Appeals court to hear challenge to Virginia's voter-identification law": Ann E. Marimow of The Washington Post has this report.

And Reuters reports that "U.S. appeals court to hear arguments on Virginia's voter ID law."
Posted at 10:07 AM by Howard Bashman



"How Mexico Saves Its Citizens from the Death Penalty in the U.S.: A fund is designated to train, pay and advise American defense lawyers." Maurice Chammah has this article online today at The Marshall Project.
Posted at 07:50 AM by Howard Bashman


Wednesday, September 21, 2016

"N.H. Supreme Court hears arguments in whether to unseal details of Lizzi Marriott's sexual history": Alyssa Dandrea of The Concord (N.H.) Monitor has an article that begins, "National attention is on the New Hampshire Supreme Court, whose five justices face an unprecedented decision -- one that could ultimately weaken a decades-old privacy protection for rape victims."
Posted at 10:54 PM by Howard Bashman


"California Voters Face Choice: End Death Penalty, or Speed It Up." Jennifer Medina has this article in today's edition of The New York Times.
Posted at 09:50 PM by Howard Bashman


"Supreme Court Will Consider Education Ruling": Matthew Kauffman of The Hartford Courant has an article that begins, "The Connecticut Supreme Court Tuesday agreed to hear challenges to Superior Court Judge Thomas Moukawsher's controversial order calling for sweeping changes to the way the state teaches children and pays for their education."
Posted at 09:46 PM by Howard Bashman


"Jani-King Can't Undo Franchisees' Class Cert. At 3rd Circ." Dan Packel of Law360.com has this report (subscription required for full access) on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 09:28 PM by Howard Bashman


"Cranston may count ACI inmates in election districting, court rules": Gregory Smith of The Providence (R.I.) Journal has this report.

And The Associated Press reports that "City plan to put all inmates in 1 political district upheld."

You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 09:22 PM by Howard Bashman



"California Supreme Court to hear Yelp free-speech case": Carolyn Said of The San Francisco Chronicle has this report.

And The Associated Press reports that "California Supreme Court to consider suit over Yelp review."
Posted at 07:50 PM by Howard Bashman



"Court steps into new health care dispute": Lyle Denniston has this blog post today.
Posted at 07:44 PM by Howard Bashman


"Does 2nd Circuit give foreign defendants an escape hatch via Vitamin C decision?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 07:15 PM by Howard Bashman


Access online the September 2016 edition of "Appellate Issues," a publication of the American Bar Association's Council of Appellate Lawyers: Via this link. And you can access past editions via this link.
Posted at 05:50 PM by Howard Bashman


"Minor Leagues, Minimal Wages: Legal technicalities dating back to 1922 have kept many players' pay below poverty level." Jeremy Venook has this article online today at The Atlantic.
Posted at 04:25 PM by Howard Bashman


"Justice Newby lets controversial cat out of his bag": This editorial appears online at The Fayetteville (N.C.) Observer.

In earlier related news coverage, Steve DeVane of The Fayetteville Observer recently had an article headlined "Prayer rally speakers call HB2 supporters courageous."
Posted at 04:22 PM by Howard Bashman



"Notorious RBG: How the diminutive Supreme Court justice came to be depicted on the biceps of fans nationwide." You can access at this link the new installment of Slate's "Amicus" podcast featuring Dahlia Lithwick.

Courtney Gross of NY1 News reports that "Notorious RBG Speaks to Students at Fordham Law School About her Time on the Supreme Court."

And Marilyn Odendahl of The Indiana Lawyer reports that "Justice Ruth Bader Ginsburg entertains, educates Notre Dame audience."
Posted at 04:18 PM by Howard Bashman



"When a County Board's Prayer Goes Too Far": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 03:32 PM by Howard Bashman


"Restoring the Lost Confirmation": Law professors Randy E. Barnett and Josh Blackman have this article in the Fall 2016 issue of National Affairs.
Posted at 03:30 PM by Howard Bashman


"Trump and the Truth: The 'Mexican' Judge." Jia Tolentino has this post online at The New Yorker.
Posted at 03:24 PM by Howard Bashman


"If Printing Guns Is Legal, So Is Distributing the Plans": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 03:18 PM by Howard Bashman


"The Obama administration lacks the authority to pick and choose which religious groups are exempted from the contraceptive mandate": Josh Blackman has this guest post today at "The Volokh Conspiracy."
Posted at 03:14 PM by Howard Bashman


"Erwin Chemerinsky & Joan Biskupic on Supreme Court Term Preview": You can access the newest installment of the UCI Law Talks podcast at this link.
Posted at 02:06 PM by Howard Bashman


"State high court says racial profiling is a 'recurring indignity'": John R. Ellement and Jan Ransom have this front page article in today's edition of The Boston Globe.

You can access yesterday's unanimous ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 02:01 PM by Howard Bashman



"The Nixon Court and the Rise of Judicial Conservatism": The National Constitution Center will be live-streaming on YouTube via this link beginning at noon eastern time today the video of this event, featuring Linda Greenhouse and law professor Earl Maltz.
Posted at 11:05 AM by Howard Bashman


"The Future of the Supreme Court, Regardless of Who Wins the Election": Law professor Michael C. Dorf has this essay today at Justia.com's "Verdict."
Posted at 09:05 AM by Howard Bashman


"State-Sponsored Christianity: A federal appeals court just told religious minorities to stop being so whiny." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:53 AM by Howard Bashman


"Day 9: President Clinton fills first Supreme Court vacancy with Debbie Wasserman Schultz . . . ." So writes David Mandel in a piece titled "Hillary's First 100 Days," which appeared in the Sunday Book Review section of last Sunday's edition of The New York Times.
Posted at 08:50 AM by Howard Bashman


"'Unraveled: Obamacare, Religious Liberty, and Executive Power.'" Josh Blackman has this guest post at "The Volokh Conspiracy."
Posted at 08:47 AM by Howard Bashman


"Divided U.S. Supreme Court turns to less sensitive IP cases": Lawrence Hurley of Reuters has this report.
Posted at 08:42 AM by Howard Bashman


Tuesday, September 20, 2016

"EFF to Court: Posting 3-D Design Files Online Is Free Speech; Government Has Created Impermissible Licensing Regime for Computer-Readable Designs." Electronic Frontier Foundation issued this news release in December 2015.

Today, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit rejected that argument in a ruling that you can access here. Circuit Judge Edith H. Jones issued a dissenting opinion that begins, "This case poses starkly the question of the national government's power to impose a prior restraint on the publication of lawful, unclassified, nototherwise-restricted technical data to the Internet under the guise of regulating the 'export' of 'defense articles.'"

And in news coverage of Defense Distributed, the lead plaintiff in the case, Rob Walker of Bloomberg Businessweek recently had an article headlined "A Crypto-Anarchist Will Help You Build a DIY AR-15: Cody Wilson's Ghost Gunner milling machine makes the most crucial element of an assault rifle; It costs just $1,500 and there's a waiting list to get it."
Posted at 11:25 PM by Howard Bashman



"Facebook to 'millions of Internet users': Relax, you're not engaged in computer fraud." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 09:02 PM by Howard Bashman


"Lawsuit over artifact looting case suicide in appeals court": The Associated Press has this report.
Posted at 03:50 PM by Howard Bashman


"Court rejects class-action over lawyers for immigrant kids": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 03:44 PM by Howard Bashman


"Federal appeals court questions D.C.'s restrictions on concealed-carry of firearms": Ann E. Marimow of The Washington Post has this report.

And Jessica Gresko of The Associated Press reports that "DC gun law gets hearing before Washington appeals court."

You can access via this link (34.0 MB mp3 audio file) the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.
Posted at 03:33 PM by Howard Bashman



"In Philadelphia, Justices Roll Back Clock to 1794": Jess Bravin has this post today at WSJ.com's "Law Blog."
Posted at 03:24 PM by Howard Bashman


"Trumpism Is the Symptom of a Gravely Ill Constitution; No matter what happens in November, the sickness may be terminal": Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 03:20 PM by Howard Bashman


"U.S. Court Throws Out Price-Fixing Judgment Against Chinese Vitamin C Manufacturers; Ruling says companies can't be held liable in U.S. courts": Brent Kendall of The Wall Street Journal has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:42 PM by Howard Bashman


"Washington County native will head Illinois' high court": Today's edition of The Belleville News-Democrat contains a front page article that begins, "Illinois Supreme Court Justice Lloyd A. Karmeier will become the next chief justice."

And Andrew Maloney of the Chicago Daily Law Bulletin reports that "Karmeier named next chief justice."

Meanwhile, in related news, Becky Yerak of The Chicago Tribune has an article headlined "State Farm policyholders get class-action status in $1 billion RICO lawsuit" that begins, "A federal racketeering lawsuit involving State Farm and allegations of funneling money into the election of a state judge has been granted class-action status, potentially benefiting more than 4 million policyholders."

And Jef Feeley of Bloomberg News has a report headlined "Did State Farm Bankroll Judge? Customers' Claim Is Now Class Action."
Posted at 12:15 PM by Howard Bashman



"Iowa Supreme Court visits Keokuk's Grand Theatre; Southeast Iowa visit was part of ongoing series": In today's edition of The Hawk Eye of Burlington, Iowa, Tanner Cole has a front page article that begins, "Iowa Supreme Court justices met the general population of Keokuk Monday night in the city's Grand Theatre to hear oral arguments on a rezoning case about a famed baseball field and farm in Dyersville."
Posted at 12:09 PM by Howard Bashman


"Defying the Supreme Court, judges deal severe blow to separation of church and state": Ian Millhiser has this essay online at ThinkProgress.
Posted at 12:05 PM by Howard Bashman


"Would Trump nominate Peter Thiel to Supreme Court? The rumor doesn't appear to be true, but a Thiel-like nomination would bring diversity to the Court." Law professor Glenn Harlan Reynolds has this essay online at USA Today.
Posted at 12:02 PM by Howard Bashman


"ACLU Seeks $233,058 For Costs Of Suing Kim Davis Over Marriage Licenses; 'We hope to . . . send a message to government officials that willful violations of individuals' rights will be costly,' an attorney for the organization said": Dominic Holden of BuzzFeed News has this report.
Posted at 11:44 AM by Howard Bashman


"What effect will the Court's abortion ruling have on laws in other states?" Jennifer Prohov has this guest post at "SCOTUSblog."
Posted at 11:42 AM by Howard Bashman


"What rights does a disabled child have at school?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:40 AM by Howard Bashman


"'Notorious RBG' Lawyer Who Died at 25 Posthumously Admitted to Bar": Jeff Storey of the New York Law Journal has this report.
Posted at 11:35 AM by Howard Bashman


"IP lawyer learns the hard way: Copying Newegg appellate brief is not fair use." Alison Frankel's "On the Case" from Thomson Reuters News & Insight had this post last Thursday.
Posted at 11:04 AM by Howard Bashman


"New attempt to stop ballot question raising judges' retirement age": Angela Couloumbis has this article in today's edition of The Philadelphia Inquirer.
Posted at 10:40 AM by Howard Bashman


"Gun rights debate returns to Washington courtroom": Ariane de Vogue of CNN.com has a report that begins, "The battle over gun rights returns to the nation's capital Tuesday, when a federal appeals court will consider a gun restriction that requires applicants for a license to carry a concealed firearm to demonstrate a 'good reason' to fear injury to his or her person or property."

And Andrea Noble of The Washington Times reports that "D.C.'s gun laws to be tested in federal appeals court."

The three-judge panel of the U.S. Court of Appeals for the D.C. Circuit hearing oral argument in the case today consists of Circuit Judges Karen LeCraft Henderson and Thomas B. Griffith and Senior Circuit Judge Stephen F. Williams. Once the oral argument audio becomes available online, I will link to it.
Posted at 10:34 AM by Howard Bashman



"Rejecting Voodoo Science in the Courtroom: The U.S. has relied on flawed forensic-evidence techniques for decades, falsely convicting many." Ninth Circuit Judge Alex Kozinski has this op-ed in today's edition of The Wall Street Journal.
Posted at 10:26 AM by Howard Bashman


"A 'view' from the Courtroom: Philadelphia in 1794." Mark Walsh has this post at "SCOTUSblog."
Posted at 08:24 AM by Howard Bashman


Monday, September 19, 2016

"Judge J. Clifford Wallace to Receive the 2016 American Inns of Court A. Sherman Christensen Award": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 10:48 PM by Howard Bashman


"Court errs in denying habeas corpus to immigrants": Law professor Eric M. Freedman has this essay online at The Philadelphia Inquirer.
Posted at 10:04 PM by Howard Bashman


"World War II Leak Case Is a Win for Edward Snowden": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 09:30 PM by Howard Bashman


"Federal judge Smith retires during ongoing investigation": Tommy Witherspoon of The Waco (Tex.) Tribune has an article that begins, "U.S. District Judge Walter S. Smith Jr., the subject of a renewed investigation into allegations he made unwanted sexual advances toward women in his chambers, ended his 32-year tenure as federal judge on Monday."

And The Associated Press reports that "Federal judge in Texas reprimanded for misconduct retires."
Posted at 09:28 PM by Howard Bashman



"Merrick Garland Shouldn't Get His Hopes Up": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 07:20 PM by Howard Bashman


"Shorthanded Supreme Court goes back in time": Richard Wolf of USA Today has an article that begins, "Three Supreme Court justices came to the nation's birthplace Monday to re-enact the only reported jury trial in the court's history, and they added a modern touch: They were a justice short."
Posted at 07:14 PM by Howard Bashman


"Fourth Circuit overturns lower court ruling in Rowan prayer case": Josh Bergeron of The Salisbury (N.C.) Post has this report.

And The Associated Press reports that "Federal court OKs Christian prayers at county board meetings."

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.

Back in January 2016, I had two posts (here and here) about the oral argument of this appeal.
Posted at 03:30 PM by Howard Bashman



"A Worthwhile, Four-Day Appellate CLE Is Coming to Phila." This month's installment of my "Upon Further Review" column appeared in last Tuesday's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

You can view at this link the program for the 2016 Appellate Judges Education Institute Summit in Philadelphia. Appellate practitioners who haven't yet signed-up to attend the 2016 AJEI Summit still have time to do so by registering online via this link.
Posted at 03:05 PM by Howard Bashman



"San Diego Police Dog Case Heads to Full 9th Circuit": Courthouse News Service has this report today on an order granting rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued on Friday.

My earlier coverage of a divided three-judge Ninth Circuit panel's ruling in the case can be accessed here.
Posted at 02:53 PM by Howard Bashman



"SCOTUS Preferences in Civil Rights Cases": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 01:42 PM by Howard Bashman


"Tensions rise over judicial nominees": Lydia Wheeler of The Hill has this report.

Luke Russert and Mike Brunker of NBC News report that "Judicial Nominee Backlog Still Mired in Partisan Politics."

And at his "Jost on Justice" blog, Kenneth Jost has a post titled "On Confirming Judges, Senate Just Says No."
Posted at 11:33 AM by Howard Bashman



"Making Sense of Modern Pornography: While the Internet has made porn ubiquitous, it has also thrown the industry into severe decline." Katrina Forrester has this book review essay -- which mentions a couple of appellate court rulings -- in the September 26, 2016 issue of The New Yorker.
Posted at 11:30 AM by Howard Bashman


"Redskins, rock band form unusual alliance in trademark fight": Sam Hananel of The Associated Press has this report.
Posted at 11:23 AM by Howard Bashman


"Racial Bias Among Jurors at Heart of Supreme Court Case": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 11:20 AM by Howard Bashman


"Trial judges have discretion to unseal grand jury records -- 7th Circuit": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 11:18 AM by Howard Bashman


"A Conversation with U.S. Supreme Court Justice Ruth Bader Ginsburg": The University of Notre Dame has posted this video on YouTube.
Posted at 11:11 AM by Howard Bashman


"Spotlight on Supreme Court as battle over judges' retirement age": In today's edition of The Philadelphia Inquirer, Angela Couloumbis has a front page article that begins, "By the end of the year, 19 judges statewide could be forced to retire, including the chief justice of Pennsylvania's Supreme Court."

The Philadelphia Inquirer today also contains an editorial titled "Pa. high court's retirement age ruling was self-serving."

And Pa. State Senate Majority Leader Jake Corman (R.-Centre Cty.) has an essay titled "Ballot question on judicial retirements bipartisan, easy to understand."
Posted at 11:06 AM by Howard Bashman



Sunday, September 18, 2016

"NC Supreme Court election could change ideological tilt": Anne Blythe of The News & Observer of Raleigh, North Carolina has an article that begins, "As key pieces of the legislative agenda get scrutiny in the courts, partisan organizations and politicians are focusing on the race for the one seat up for grabs on the North Carolina Supreme Court."
Posted at 11:28 PM by Howard Bashman


"Is The Supreme Court Ever Actually Going To Be An Election Issue? Here's everything you need to know about the Supreme Court and the 2016 election." Chris Geidner of BuzzFeed News has this report today.
Posted at 11:00 PM by Howard Bashman


"What I Learned From Executing Two Men": Semon Frank Thompson, former superintendent of the Oregon State Penitentiary, has this essay in the SundayReview section of today's edition of The New York Times.
Posted at 10:42 PM by Howard Bashman


Saturday, September 17, 2016

"Colin Kaepernick and a Landmark Supreme Court Case": Jeffrey Toobin has this post online at The New Yorker.
Posted at 09:22 PM by Howard Bashman


"The ABC News '20/20' Segment On The Dan Markel Murder Case": David Lat has this post today at "Above the Law."

You can view the video of yesterday's broadcast of the ABC News show "20/20" via this link.
Posted at 09:10 PM by Howard Bashman



"Elena Kagan Keeps It Real, Says Having An Eight-Member Supreme Court Is Not 'Cost-Free'; The junior justice shed light on the dynamics of not having a ninth benchmate": Cristian Farias of The Huffington Post has this report today.
Posted at 09:03 PM by Howard Bashman


"What's in a middle name? Read about David Smith's background check snafu; There are 125,000 people named David Smith; LexisNexis didn't run a middle name." David Kravets of Ars Technica has this report today on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued on Tuesday.
Posted at 09:00 PM by Howard Bashman


Friday, September 16, 2016

"Kagan: 8-member Supreme Court a problem over time." The Associated Press has this report.

Harvard Law School today posted online at YouTube a video titled "A Conversation with U.S. Supreme Court Justice Elena Kagan."
Posted at 06:52 PM by Howard Bashman



"Minnesota swears in its first American Indian Supreme Court justice; The court now has its first first female majority since 1991": Ricardo Lopez of The Minneapolis Star Tribune has this report.

And John Autey of The Pioneer Press of St. Paul, Minnesota reports that "Anne McKeig sworn in as Minnesota's first Native American Associate Supreme Court Justice."
Posted at 11:32 AM by Howard Bashman



"Christie asks Supreme Court to revisit landmark Abbott case": In today's edition of The Newark (N.J.) Star-Ledger, Adam Clark has a front page article that begins, "Gov. Chris Christie is asking the state Supreme Court to reopen the landmark Abbott v. Burke school funding case and to give the state education chief power to bypass laws and bargaining agreements that protect veteran teachers, the governor's office announced Thursday."

And in today's edition of The Record of Hackensack, New Jersey, Hannan Adely and Salvador Rizzo have a front page article headlined "Christie asks court to revisit landmark school funding case."
Posted at 11:28 AM by Howard Bashman



"UF alumna makes history as first Supreme Court clerk from Levin": Paige Fry of The Independent Florida Alligator has this report.

The Times Free Press of Chattanooga, Tennessee reports that "Covenant graduate to work under U.S. Supreme Court Justice."

This week, the University of Florida Levin College of Law issued a news release titled "Alumna makes history as UF Law's first SCOTUS clerk."
Posted at 11:11 AM by Howard Bashman



"We should elect Supreme Court justices: The Supremes are functioning more like a legislature than a court, and no legislature is above politics." Law professor Glenn Harlan Reynolds has this essay online at USA Today.
Posted at 11:00 AM by Howard Bashman


"Birth Control Continues to Bedevil the Supreme Court": Linda Greenhouse has this essay online at The New York Times.
Posted at 10:52 AM by Howard Bashman


Thursday, September 15, 2016

"EEOC Loses Racial Discrimination Suit Over Dreadlocks Ban": Allissa Wickham of Law360.com had this report (subscription required for full access) back in March 2014.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued a decision affirming the judgment in that case.
Posted at 11:32 PM by Howard Bashman



"Stevens' light still shines brightly": David Thomas and Emily Donovan of the Chicago Daily Law Bulletin have an article that begins, "Decades before he would be nominated by President Gerald Ford to the U.S. Supreme Court, John Paul Stevens was a 12-year-old kid watching the Chicago Cubs play in the 1932 World Series."
Posted at 11:15 PM by Howard Bashman


"Judge rules for unsealing 1942 grand jury testimony after Reporters Committee, historians bid for openness": The Reporters Committee for Freedom of the Press issued this news release in June 2015.

Today, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued a decision affirming the district court's order unsealing the testimony.
Posted at 11:09 PM by Howard Bashman



"U.S. Appeals Court Rules Mental-Health Ban on Gun Ownership May Violate Rights; Judges have been struggling to define boundaries of the Second Amendment": Joe Palazzolo has this post at WSJ.com's "Law Blog."

Kevin Koeninger of Courthouse News Service reports that "Gun Ban Struck Down for Involuntarily Committed."

And at "The Volokh Conspiracy," Eugene Volokh has a post titled "Man who was involuntarily committed 30 years ago might regain Second Amendment rights."

You can access today's en banc ruling of the U.S. Court of Appeals for the Sixth Circuit at this link. Sixteen judges of the Sixth Circuit took part in the en banc ruling, and, if my count is correct, eight of them issued opinions in the case today.

As Lyle Denniston noted in a post from December 2014 titled "Appeals court: Gun control must meet toughest test" published at "SCOTUSblog," the original three-judge panel's opinion in the case applied strict scrutiny to invalidate the challenged ban. A majority of the judges participating in today's en banc Sixth Circuit ruling instead have chosen to apply intermediate scrutiny in evaluating the ban.
Posted at 10:58 PM by Howard Bashman



"Donald Trump Wants Peter Thiel On The Supreme Court, Sources Say; The eccentric billionaire endorsed Trump in a speech at the Republican National Convention this summer": Ben Walsh and Ryan Grim of The Huffington Post have this report.
Posted at 10:18 PM by Howard Bashman


"Clinton Says She May Not Choose Garland for Supreme Court": Mike Dorning and Greg Stohr of Bloomberg News have this report.
Posted at 10:14 PM by Howard Bashman


"Changing Work Patterns in the Supreme Court": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 10:12 PM by Howard Bashman


"A Take on Domnarski's Posner Bio": Paul Horwitz recently had this post at "PrawfsBlawg."
Posted at 10:09 PM by Howard Bashman


"Joan Biskupic on reporting about the U.S. Supreme Court": You can access at this link the latest installment of the UCI Law Talks podcast.
Posted at 10:05 PM by Howard Bashman


"This Loophole Ends the Privacy of Social Security Numbers": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 10:00 PM by Howard Bashman


"Reflections on the 'Natural Born Citizen' Clause as Illuminated by the Cruz Candidacy": Law professor Laurence H. Tribe has this article online at the Harvard Civil Rights-Civil Liberties Law Review.
Posted at 09:57 PM by Howard Bashman


"The Murder Of Dan Markel: Tensions Between Police And Prosecutors." David Lat has this post at "Above the Law."
Posted at 09:50 PM by Howard Bashman


The New Mexico Bar Association's 27th Annual Appellate Practice Institute takes place tomorrow in Albuquerque: The reduced volume of blogging here this week, which will continue through Saturday evening, can be attributed to the wonderful time I have been having traveling through northern New Mexico this week. The scenery and Native American history that I have observed (the preceding two links just being an example of each category) have been outstanding.

My visit to New Mexico will conclude with a presentation I will be delivering tomorrow at the event mentioned in the title of this post. You can access the agenda's event at this link.

As always when I am traveling, additional appellate related retweets are likely to appear at this blog's Twitter feed.
Posted at 08:04 PM by Howard Bashman



"Judge sharply questions defense of Indiana's Syrian refugee ban: 'Oh, honestly. You are so out of it.'" Stephanie Wang of The Indianapolis Star has this report.

Matt Ford of The Atlantic has a report headlined "'Are Syrians the Only Muslims Indiana Fears?'; A three-judge panel proves skeptical of Indiana's efforts to turn away Syrian refugees."

Dave Stafford of The Indiana Lawyer reports that "Judges blister Pence's position, solicitor general in Syrian refugee case."

Patricia Manson of the Chicago Daily Law Bulletin reports that "Bid to block Syrian refugees hits a wall."

And Jack Bouboushian of Courthouse News Service reports that "Indiana Ban on Syrian Refugees Draws Mockery From 7th Circuit."

You can access the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit via this link (18.6 MB mp3 audio file).
Posted at 07:54 PM by Howard Bashman



"A Conversation with U.S. Supreme Court Justice Elena Kagan": The George Washington University Law School hosted this event on Tuesday, and you can view the video at this link.

If you were hoping to see Justice Kagan in Louisville today, however, you were out of luck, because as Matthew Glowicki of The Louisville Courier-Journal reports, "Justice Kagan U of L visit to be rescheduled."
Posted at 07:24 PM by Howard Bashman



Wednesday, September 14, 2016

"Supreme Wordsmith: Antonin Scalia's former law clerk remembers the justice for his pen as much as his gavel." Evan Young has this essay in the current issue of Duke Magazine.
Posted at 11:11 PM by Howard Bashman


"Why We Don't Need a Ninth Supreme Court Justice: The hand-wringers are wrong -- an evenly split Supreme Court would end a narrow majority imposing its out-of-step will and would be good for the country." Law professor Eric Segall has this essay online today at The Daily Beast.
Posted at 11:06 PM by Howard Bashman


"The high court struck down D.C.'s gun ban eight years ago, but the fight continues": Ann E. Marimow has this front page article in today's edition of The Washington Post.
Posted at 11:02 PM by Howard Bashman


"i-Italy interviews Justice Samuel A. Alito": You can access the video on YouTube at this link.
Posted at 10:58 PM by Howard Bashman


"Leaked documents reveal secretive influence of corporate cash on politics; Sealed Wisconsin court documents from Scott Walker investigation expose extent of corporate influence on democratic process rarely seen by the public": Ed Pilkington of The Guardian (UK) has this report.
Posted at 10:50 PM by Howard Bashman


"Patent Venue at the Supreme Court: Correcting a 26 Year Old Legal Error." Dennis Crouch has this post today at his "Patently-O" blog.
Posted at 10:44 PM by Howard Bashman


"ABC's 20/20 to feature Markel murder": The Tallahassee Democrat has a report that begins, "ABC's news magazine '20/20' will broadcast an hour-long program on the murder of Florida State law professor Dan Markel at 10 p.m. Friday."

A preview of this Friday's broadcast -- appearing with the headline "How Police Tracked Down and Caught 2 Suspected Hit Men in FSU Professor Murder Case" -- already appears at the program's web site.
Posted at 10:40 PM by Howard Bashman



"Lip-syncing in video games can be patented, U.S. court says": Susan Decker of Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued yesterday.

And in other coverage, at the "Patently-O" blog, Dennis Crouch has a post titled "Step-One: Don't Assume an Abstract Idea."
Posted at 09:04 AM by Howard Bashman



"Eleventh CIrcuit judges discuss guidelines and vagueness at great length after denying en banc review in Matchett": Douglas A. Berman has this post at his "Sentencing Law and Policy" blog discussing an order denying rehearing en banc, accompanied by separate opinions concurring and dissenting, that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.
Posted at 08:56 AM by Howard Bashman


Tuesday, September 13, 2016

"Police Allege Brother-in-Law of Florida State Law Professor Dan Markel Orchestrated Execution-Style Killing": Steve Helling and Jeff Truesdell of People magazine have this report today.
Posted at 11:02 PM by Howard Bashman


"A Closer Look At Kirkland & Ellis's Pickup Of The Bancroft Lawyers": David Lat has this post today at "Above the Law."
Posted at 11:00 PM by Howard Bashman


"Constitution Check: Does the government have power to protect sacred Indian sites?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:52 PM by Howard Bashman


"The Trouble With Double Jeopardy: A new Supreme Court case takes on one of the most well-known and misunderstood concepts in American criminal law." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 10:50 PM by Howard Bashman


"Esquivel-Quintana v. Lynch: The Potential Sleeper Case of the Supreme Court Term." David Feder has this guest post today at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 10:40 PM by Howard Bashman


"Q&A with Justice Sotomayor at the University of Wisconsin Law School": You can view the video of this recent event via YouTube at this link.
Posted at 10:36 PM by Howard Bashman


"Appeals Court Rules Against Lawyer Suspended for Shielding Social Security Number; Sanctioned attorney says he refused to share information because of identity-theft concerns": Jacob Gershman has this post at WSJ.com's "Law Blog" about a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 10:33 PM by Howard Bashman


"Court disputes over voting laws often divide justices along party lines": David G. Savage of The Los Angeles Times has this report.
Posted at 10:22 PM by Howard Bashman


"What the 2016 presidential election means for the Third Circuit": Matthew Stiegler has this post at his "CA3blog."
Posted at 10:16 PM by Howard Bashman


Can 22 sophisticated corporate plaintiffs with large-value claims satisfy the "numerosity" requirement for class certification in federal court? Today, a partially divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued this decision analyzing that question.
Posted at 10:14 PM by Howard Bashman


"Stryker v. Zimmer: Federal Circuit Remands Enhancement Determination for Enhancement Determination." Jason Rantanen has this post at "Patently-O" about a ruling that the U.S. Court of Appeals for the Federal Circuit issued yesterday.
Posted at 10:22 AM by Howard Bashman


"Trade group can sue over Jersey City labor law -- 3rd Circuit": Daniel Wiessner of Reuters has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.
Posted at 10:08 AM by Howard Bashman


"Claims Nixed Over Public Funding of Jewish Schools": Courthouse News Service has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued yesterday.
Posted at 10:02 AM by Howard Bashman


Monday, September 12, 2016

"The Murder Of Dan Markel: The Case Against Donna Adelson." David Lat had this post last Friday at "Above the Law," along with a post titled "The Dan Markel Case: The Probable Cause Affidavit For Charlie Adelson."
Posted at 07:22 PM by Howard Bashman


"The Daily 202: Did Obama squander an opportunity by nominating Merrick Garland?" James Hohmann has this blog entry online today at The Washington Post.
Posted at 07:08 PM by Howard Bashman


"For LGBT Rights Advocates, Much Work Lies Ahead": Kenneth Jost has this post today at his blog, "Just on Justice."
Posted at 07:06 PM by Howard Bashman


"The Court after Scalia: The 2016 election and the fate of the wall separating church and state." Law professor Erwin Chemerinsky has this post today at "SCOTUSblog."
Posted at 07:04 PM by Howard Bashman


"Appeals court upholds Mich. emergency manager law": Jonathan Oosting of The Detroit News has this report.

And The Associated Press reports that "Court rejects challenge to Michigan's emergency manager law."

You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 06:52 PM by Howard Bashman



"Bancroft litigation group of Washington joins Kirkland & Ellis": Anthony Lin of Reuters has this report.

Casey Sullivan of Bloomberg Law reports that "Kirkland & Ellis to Acquire Top SCOTUS Boutique."

At WSJ.com's "Law Blog," Joe Palazzolo has a post titled "Clement, Dinh and Co. Take Their Practice to Kirkland."

And at "Above the Law," David Lat has a post titled "Kirkland & Ellis Hires Paul Clement, Viet Dinh -- And All Of Bancroft's Lawyers!"
Posted at 06:25 PM by Howard Bashman



"Broad challenge to SEC's in-house judges": Lyle Denniston has this blog post today.
Posted at 11:25 AM by Howard Bashman


"Judge in 9/11 Suits Feels No Regret That None Ever Went to Trial": Benjamin Weiser had this article in Saturday's edition of The New York Times.
Posted at 11:24 AM by Howard Bashman


"Does conviction of a serious crime always mean the loss of gun rights?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:22 AM by Howard Bashman


"And Now For Something Completely Sociodemographic": Adam Feldman has this post at his "Emiprical SCOTUS" blog.
Posted at 11:20 AM by Howard Bashman


"Lawsuit claims that same-sex marriage leads to charter schools, and it may be right": Ian Millhiser has this essay online today at ThinkProgress.
Posted at 10:54 AM by Howard Bashman


"Justice Kagan Imparts Her Wisdom on New Law Students": Claire E. Parker of The Harvard Crimson has this report.

And in related news, Rick Howlett of 89.3 WFPL reports that "Supreme Court Justice Elena Kagan To Receive U of L Brandeis Medal."
Posted at 09:20 AM by Howard Bashman



Saturday, September 10, 2016

"Thoughts on the Third Circuit's decryption and self-incrimination oral argument": Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 11:58 PM by Howard Bashman


"Mark Boal's Efforts to Shield Berghdal Tapes Troubled By Recent Appellate Decision? A federal judge wants Boal's lawyers on Monday to discuss what happened to the alleged mastermind of the 2000 U.S.S. Cole bombing." Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter.
Posted at 11:56 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: A Walk in the Wide, Wide World." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Reguation.
Posted at 11:50 PM by Howard Bashman


"Contractor Urges DC Circ. To Toss SBA's Minority Biz Program": In March 2016, Michael Macagnone of Law360.com had a report that begins, "An information technology contractor called on a D.C. Circuit panel to invalidate the law behind the Small Business Administration's programs for disadvantaged businesses Thursday, arguing that the program creates unconstitutional race-based determinations without evidence of discrimination in federal contracting."

Yesterday, the majority on a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued a decision rejecting this challenge to the SBA's programs.
Posted at 11:48 PM by Howard Bashman



"At UW-Madison, Sonia Sotomayor speaks to need for greater equity in justice system": Pat Schneider of The Capital Times of Madison, Wisconsin has this report.

Patrick Marley of The Milwaukee Journal Sentinel has an article headlined "Sotomayor: More needed on adequate representation."

Vidushi Saxena of The Badger Herald, the student newspaper of the University of Wisconsin-Madison, reports that "Sotomayor talks life in court system, engaging with community; Judicial system lacks representation, fails to provide equal opportunities."

Laurel White of Wisconsin Public Radio has a report headlined "'I'm A Justice, But Also A Human,' Sotomayor Says At UW-Madison; Supreme Court Justice Sonia Sotomayor Reflects On Personal Life, Career In Lecture."

Judith Davidoff of Isthmus has a report headlined "'Citizen Lawyer' Sonia Sotomayor: The Supreme Court justice talks about her public role."

And The Associated Press reports that "Sotomayor calls job on high court blessing and curse."
Posted at 10:35 PM by Howard Bashman



"Supreme Court Allows 'Straight-Ticket' Voting in Michigan": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes reports that "Supreme Court won't revive Michigan ban on straight-ticket voting."

Lawrence Hurley of Reuters reports that "Supreme Court rejects Michigan straight-ticket voting appeal."

Greg Stohr of Bloomberg News reports that "Supreme Court Spurns Michigan Republicans on Straight-Party Vote."

The Associated Press reports that "Michigan straight-party voting ban won't take effect."

And at the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Straight-ticket voting allowed in Michigan."

You can access yesterday's order of the U.S. Supreme Court at this link.
Posted at 10:52 AM by Howard Bashman



"The Partisan Winds Aimed at Kansas' Court": This editorial appeared in yesterday's edition of The New York Times.
Posted at 10:44 AM by Howard Bashman


"U.S. appeals court orders removal of proof-of-citizenship voting requirement in 3 states": Spencer S. Hsu of The Washington Post has this article reporting on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued yesterday.
Posted at 10:42 AM by Howard Bashman


"Documents detail potential links to Markel's in-laws": Karl Etters has this front page article in today's edition of The Tallahassee Democrat.
Posted at 10:38 AM by Howard Bashman


Thursday, September 8, 2016

Programming note: I will be traveling during the day Friday to Albuquerque, New Mexico. As a result, additional posts will not appear here until Friday night.

In the interim, as is often the case while I am traveling, additional appellate-related retweets will appear on this blog's Twitter feed.
Posted at 11:28 PM by Howard Bashman



"No Waiver of Arbitration Clause Even After Years of Litigation, Because Arbitration Demand, Pre-AT&T v. Concepcion, Would Have Been Futile": Bruce D. Greenberg has this post at his "New Jersey Appellate Law" blog about a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 11:16 PM by Howard Bashman


"Ruling loosens ban on owning guns after minor convictions": The Associated Press has this report.

My earlier coverage of yesterday's en banc Third Circuit ruling can be accessed here.
Posted at 11:06 PM by Howard Bashman



"Appeals court has concerns over possible Gitmo video release": Sam Hananel of The Associated Press has this report.

You can access the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit via this link (46.6 MB mp3 audio file).
Posted at 11:00 PM by Howard Bashman



"Subway 'Footlong' settlement gets appeals court grilling": Jonathan Stempel of Reuters has this report.

You can access the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit via this link (11.0 MB mp3 audio file).
Posted at 10:54 PM by Howard Bashman



"U.S. drops corruption charges against former Virginia governor, wife": Reuters has this report.

And Jim Nolan of The Richmond Times-Dispatch has an article headlined "Bob McDonnell reflects on the end of his ordeal."
Posted at 10:50 PM by Howard Bashman



"Biden, Supreme Court nominee on Hill to pressure GOP": Alan Fram of The Associated Press has this report.
Posted at 10:45 PM by Howard Bashman


"E&Y asks for SCOTUS review of employee class waivers, days after Epic petition": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 10:40 PM by Howard Bashman


"Constitution Check: Do online publishers have a right to gather news?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 03:25 PM by Howard Bashman


"Why is Judicial Biography So Hard To Write?" At the "Notice & Comment" blog of the Yale Journal on Regulation, Peter Conti-Brown has a post that begins, "I don't envy the reading load that William Domnarski undertook on his way to writing his biography of Richard Posner."
Posted at 03:22 PM by Howard Bashman


"How One of DC's Most Powerful Judges Got Accused of Rape: Richard Roberts was the star prosecutor who helped lock up Marion Barry, then became DC's chief federal judge; Now comes the revelation that Roberts slept with a 16-year-old witness in a career-making case 35 years ago; As his accuser doubles down, and an ethics probe plods on, here's a look at how Roberts rose to the top in spite of his past." Marisa M. Kashino of Washingtonian magazine has this article.
Posted at 01:45 PM by Howard Bashman


"The Yiddish phrase 'Tracht gut, vet zein gut!' translates to 'Think good, and it will be good!'" So begins today's ruling of the U.S. Court of Appeals for the Ninth Circuit in a case captioned In re Tracht Gut, LLC.
Posted at 01:38 PM by Howard Bashman


"Justice Ruth Bader Ginsburg Remarks at Georgetown Law": C-SPAN has posted online at this link the video of yesterday's event.
Posted at 11:18 AM by Howard Bashman


"Texas appeals judge questions fairness of life without parole": Chuck Lindell of The American-Statesman has this report.
Posted at 10:46 AM by Howard Bashman


"Did Orange County's Justice System Imprison an Innocent Man for Murder?" R. Scott Moxley of OC Weekly has this report.
Posted at 10:44 AM by Howard Bashman


"Justice Elena Kagan on Supreme Court and Constitutional Law": C-SPAN recently posted this video online.
Posted at 10:42 AM by Howard Bashman


"Ginsburg suggests Senate should act on Garland nomination, but says it cannot be forced to": Robert Barnes of The Washington Post has this report.
Posted at 08:00 AM by Howard Bashman


"Should ex-Philly cop suspected of sharing child porn be forced to divulge computer passwords?" In today's edition of The Philadelphia Inquirer, Chris Palmer has a front page article that begins, "If police think someone has child pornography on his computer, should investigators be able to force him to provide his passwords -- or would that violate his constitutional right against self-incrimination? That issue was at the heart of an appellate hearing Wednesday in federal court in Philadelphia in the case of Francis Rawls, a former Philadelphia police sergeant, who has not been charged with a crime but who has been in custody for nearly a year in contempt of court for failing to unlock his encrypted electronic devices."

Once the U.S. Court of Appeals for the Third Circuit posts online the audio of yesterday's oral argument, I will link to it.

Update: You can access the audio of yesterday's Third Circuit oral argument via this link (24.2 MB mp3 audio file).
Posted at 07:50 AM by Howard Bashman



Wednesday, September 7, 2016

"'Adult' ad site Backpage.com tells SCOTUS it is First Amendment champion": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 10:12 PM by Howard Bashman


"State justices question how to compel state in McCleary school-funding ruling; Two years after an unprecedented contempt ruling in the McCleary school-funding case, the state Supreme Court listened to arguments about whether to continue, lift or increase sanctions against the state": Joseph O'Sullivan and Paige Cornwell of The Seattle Times have this report.
Posted at 09:25 PM by Howard Bashman


"Italy's supreme court rules masturbation in public is not a criminal offence; Judges overturn three-month jail term for man seen 'practising autoeroticism' in front of students": Adam Withnall of The Guardian (UK) has this report.
Posted at 09:20 PM by Howard Bashman


"Justice Ginsburg hopes 'cooler heads' prevail on high court vacancy": Lawrence Hurley of Reuters has this report.

And Sam Hananel of The Associated Press has a report headlined "Ginsburg: 'Cooler heads will prevail' on high court nominee."
Posted at 07:50 PM by Howard Bashman



"Judge: Harvard need not disclose discrimination against Jews." Josh Gerstein of Politico.com has this blog post today.
Posted at 06:14 PM by Howard Bashman


"Can some people who have finished their felony sentences recover their Second Amendment rights?" Eugene Volokh has this post at the "Volokh Conspiracy" about an 8-to-7 ruling that the en banc U.S. Court of Appeals for the Third Circuit issued today.
Posted at 04:10 PM by Howard Bashman


"Justice Department Bringing New Information to Case at Supreme Court; Move follows government apologizes for erroneous information provided in this manner": Jess Bravin of The Wall Street Journal has this report.
Posted at 04:00 PM by Howard Bashman


"What Clinton Won't Say: Whether Garland Is Her High Court Pick." Greg Stohr of Bloomberg News has this report.
Posted at 01:48 PM by Howard Bashman


"It's a new day on state's highest court with arrival of three justices": Milton J. Valencia of The Boston Globe has this report.
Posted at 01:40 PM by Howard Bashman


"Court keeps GWB 'unindicted co-conspirators' list secret": Salvador Rizzo of The Record of Hackensack, New Jersey has this report.

Ted Sherman of NJ.com has an article headlined "John Doe's identity in Bridgegate case to remain secret, appeals court rules."

And The Associated Press reports that "Court rules bridge conspirator list can be kept from public."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 01:33 PM by Howard Bashman



"Court deals setback to Uber drivers in background check lawsuit": Daniel Wiessner of Reuters has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:18 PM by Howard Bashman


Programming note: Due to an oral argument prep session that's occurring at co-counsel's office this morning, additional posts will appear here this afternoon.

In the interim, additional appellate-related retweets will likely appear on this blog's Twitter feed.
Posted at 06:44 AM by Howard Bashman



Tuesday, September 6, 2016

"High court temporarily blocks subpoena over sex ads": Sam Hananel of The Associated Press has this report.
Posted at 10:58 PM by Howard Bashman


"Kindergarten teacher who let student be kidnapped isn't immune from lawsuit, U.S. court says": Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 10:55 PM by Howard Bashman


"After 45 years, Rendells to divorce": Claudia Vargas of The Philadelphia Inquirer has an article that begins, "Former governor and mayor Ed Rendell and his wife, U.S. Court of Appeals Judge Marjorie 'Midge' Rendell, are divorcing, Ed Rendell said Tuesday."
Posted at 10:48 PM by Howard Bashman


"CVS must face revived lawsuit in U.S. over vitamin E label": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued today.
Posted at 10:38 PM by Howard Bashman


"Harry Reid Vows To Jam Up Committee Meetings Until GOP Moves On Supreme Court Vacancy; Democrats are renewing their push for Merrick Garland's Supreme Court nomination": Amanda Terkel of The Huffington Post has this report.
Posted at 10:10 PM by Howard Bashman


Lyle Denniston minus "SCOTUSblog" versus "SCOTUSblog" minus Lyle Denniston: When news emerged earlier this year that Lyle Denniston would be departing from "SCOTUSblog," many feared that Denniston's thoughtful and extensive news coverage of the U.S. Supreme Court would no longer be appearing online.

Fortunately, that has not been the case, as Denniston's coverage of the Court has continued, as timely and thorough as ever, at his personal blog (in addition to appearing at the National Constitution Center's "Constitution Daily" blog). You can also follow Denniston on Twitter to receive prompt notice of new posts at his blog.
Posted at 08:50 PM by Howard Bashman



"What will the presidential election mean for SCOTUS?" Law professor Erwin Chemerinsky has this post online today at the ABA Journal's blog.
Posted at 08:40 PM by Howard Bashman


"New cert petition asks SCOTUS to review employer bans on class actions": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 05:58 PM by Howard Bashman


"Democrats launch new push for Obama U.S. Supreme Court nominee": Lawrence Hurley of Reuters has this report.
Posted at 05:37 PM by Howard Bashman


"Ex-Kansas governors urge voters to retain justices despite anger over Carr brothers case; 'We're trying to be defenders of the process itself,' Sebelius says": Jonathan Shorman of The Topeka Capital-Journal has this report.
Posted at 05:02 PM by Howard Bashman


"Tucson's Election System Gets an Undeserved Reprieve": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 04:40 PM by Howard Bashman


"Attorneys Agree Ban on Citing Nonprecedential Opinions Is a Hurdle": Max Mitchell has this front page article, in which I am quoted, in today's edition of Pennsylvania Law Weekly.
Posted at 04:35 PM by Howard Bashman


"The Guantanamo quagmire: Still no trial in sight for 9/11 suspects." Missy Ryan of The Washington Post has this report.
Posted at 03:44 PM by Howard Bashman


Sixth Circuit panel decides In re 2016 Primary Election: You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit in a most unusual election-related case at this link.

If anyone ever doubts that the most powerful position in the entire federal judiciary is that of a U.S. District Judge, this ruling stands as further evidence of the truthfulness of that assertion. Frequently, whether due to issues of timing or other considerations, effective appellate review is simply unavailable.
Posted at 03:16 PM by Howard Bashman



"Law Review Inducts Most Diverse Class of Editors in History": Claire E. Parker of The Harvard Crimson has this report.
Posted at 01:47 PM by Howard Bashman


"Opposition voices silent on November's Supreme Court retention vote": Grant Rodgers of The Des Moines Register has this report.
Posted at 01:18 PM by Howard Bashman


"Constitution Check: Where have all the poll-watchers gone?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:15 PM by Howard Bashman


"Supreme Court Hobbles Toward Start of New Term": Kenneth Jost has this post at his "Jost on Justice" blog.
Posted at 01:11 PM by Howard Bashman


"Don't Muzzle Judicial Candidates on Politics": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:05 PM by Howard Bashman


"Schrodinger's Supreme Court: The high court now stands at a crossroads, waiting for a ninth justice to determine whether it will be a liberal court or a conservative one." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 01:02 PM by Howard Bashman


"Remarks about Justice Scalia cast shadow on Ted Strickland's candidacy": Kevin King and Benjamin Flowers have this essay online at The Cleveland Plain Dealer.
Posted at 12:55 PM by Howard Bashman


"Garland's Reach into the Supreme Court": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 12:45 PM by Howard Bashman


"Remember Merrick Garland? Supreme Court nominee waits (and waits)." Ariane de Vogue of CNN.com has this report.
Posted at 09:42 AM by Howard Bashman


Monday, September 5, 2016

"High stakes in Kansas Supreme Court retention vote": Bryan Lowry of The Wichita Eagle has an article that begins, "Gov. Sam Brownback could appoint a majority on the Kansas Supreme Court if efforts to oust four of seven justices succeed in November."
Posted at 11:40 PM by Howard Bashman


"Presidential winner could reshape U.S. Supreme Court with appointments": Jack Torry has this front page article in today's edition of The Columbus Dispatch.
Posted at 11:36 PM by Howard Bashman


"Without conservative Supreme Court majority, voter-law challengers make gains": Robert Barnes of The Washington Post has this report.
Posted at 11:32 PM by Howard Bashman


"Jessie J beats copyright appeal over smash hit 'Domino'": Jonathan Stempel of Reuters has this report.

And at the "THR, Esq." blog of The Hollywood Reporter, Ashley Cullins has a post titled "Jessie J Knocks Down 'Domino' Lawsuit on Appeal."

You can access Friday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:54 PM by Howard Bashman



"Tucson's hybrid city elections upheld by full 9th Circuit": Adam DeRose of Cronkite News has this report on the ruling that a unanimous 11-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued on Friday.
Posted at 09:48 PM by Howard Bashman


"Latam banana workers' claims over pesticide are revived in U.S." Jonathan Stempel of Reuters has this report on a ruling that the unanimous en banc U.S. Court of Appeals for the Third Circuit issued on Friday.
Posted at 08:35 PM by Howard Bashman


"Argued: February 19, 2013; Decided: September 2, 2016." That information appears at the start of an opinion that a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued on Friday.

I reviewed the Second Circuit's electronic docket entries for the case, and the docket entries contain no explanation for why the appeal took longer than three and a half years to decide.
Posted at 08:24 PM by Howard Bashman



"Justice Sonia Sotomayor talks humility at CU Boulder appearance": Alex Burness of The Boulder Daily Camera has this report.
Posted at 01:38 PM by Howard Bashman


"The Interview: PA prisons boss John Wetzel confronts the complexities of juvie lifers' new sentences." John Baer, political columnist of The Philadelphia Daily News, has this report.
Posted at 01:30 PM by Howard Bashman


"AP Interview: Teen at center transgender bathroom fight." The Associated Press has this report.
Posted at 01:24 PM by Howard Bashman


"With the internet's help, Scalia's burial spot is public": Jessica Gresko of The Associated Press has this report.
Posted at 01:20 PM by Howard Bashman


"The Supreme Court is never going to look like America. Get used to it." Robert Barnes has this article in today's edition of The Washington Post.
Posted at 01:15 PM by Howard Bashman


"Sonia Sotomayor and Elena Kagan Muse Over a Cookie-Cutter Supreme Court": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 12:56 PM by Howard Bashman


Sunday, September 4, 2016

"Motorcycle clubs fight to keep their trademark 'colors'": Michael Doyle of McClatchy DC has this report.
Posted at 10:46 PM by Howard Bashman


"Taking a ban on Confederate flag displays to an absurd extreme": The Los Angeles Times recently published this editorial.
Posted at 10:20 PM by Howard Bashman


"He Denied Blacks Citizenship. Now a City Is Deciding His Statue's Fate." In Monday's edition of The New York Times, Sheryl Gay Stolberg will have an article that begins, "In 1801, Roger Brooke Taney, the politically minded son of a Maryland tobacco planter, settled here to practice law."
Posted at 10:16 PM by Howard Bashman


"Back to school with no resolution in Gloucester transgender case": Frances Hubbard has this front page article in today's edition of The Daily Press of Newport News, Virginia.
Posted at 10:09 PM by Howard Bashman


"Ten Men vs. J&L Steel: How a Supreme Court case rooted in Beaver County forever changed America's labor movement." Jared Stonesifer has this front page article in today's edition of The Beaver County (Pa.) Times.
Posted at 08:56 PM by Howard Bashman


"Supreme Court's Sonia Sotomayor charms CU crowd": Monte Whaley of The Denver Post has this report.
Posted at 08:42 PM by Howard Bashman


"Texas Supreme Court Justice: States Can Deny Same-Sex Spousal Benefits to 'Encourage Procreation'": Mark Joseph Stern has this essay online at Slate.
Posted at 08:40 PM by Howard Bashman


"U.S. Supreme Court Justice Elena Kagan speaks at UA": Bridget Briody of The Arizona Daily Wildcat has this report.
Posted at 08:36 PM by Howard Bashman


"The empty seat": On Thursday, The Baltimore Sun posted online an editorial that begins, "Wednesday marked the 200th day since the death of Supreme Court Justice Antonin Scalia."
Posted at 08:26 PM by Howard Bashman


Saturday, September 3, 2016

"Misleading ballot question may raise judge's retirement age": Today's edition of The Philadelphia Inquirer contains an editorial that begins, "A deadlocked Pennsylvania Supreme Court has unfortunately left intact an 11th-hour change in the wording of a ballot question that will determine when state judges must retire."
Posted at 09:54 PM by Howard Bashman


"Inside the Republican creation of the North Carolina voting bill dubbed the 'monster' law": William Wan has this front page article in today's edition of The Washington Post.
Posted at 01:14 PM by Howard Bashman


"Missouri ordered to name supplier of lethal injection drugs": Tony Rizzo has this front page article in today's edition of The Kansas City Star.

The Associated Press reports that "Appeals court rules against Missouri in execution drug case."

And Cristian Farias of The Huffington Post reports that "Death-Row Inmates Have A Right To Know The Identities Of Lethal Injection Suppliers, Court Rules; Missouri can't keep secret the names of those who provide it with pentobarbital, a deadly anesthetic."

You can access yesterday's non-precedential ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 01:08 PM by Howard Bashman



Friday, September 2, 2016

"Could A Legal Love Triangle Scuttle SCOTUS Hopes For This Leading Jurist?" David Lat has this post at "Above the Law."
Posted at 09:34 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: 'Code Red' Is Just a Term We Use Down at Gitmo." Aaron Nielson has this post today at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 07:28 PM by Howard Bashman


"Supreme Court deadlock ends challenge to referendum on Pa. judge retirement age": Angela Couloumbis of The Philadelphia Inquirer has this report.

And The Associated Press reports that "Pa. high court deadlock puts judge retirement age on fall ballot."

You can access today's ruling of the Supreme Court of Pennsylvania -- containing opinions in support of and in opposition to denying relief -- at this link.
Posted at 01:33 PM by Howard Bashman



"How will 2nd Circuit's rejection of verdict against PLO affect anti-terror suits?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Anti-Terrorism Act Loses Some Teeth."
Posted at 11:48 AM by Howard Bashman



Thursday, September 1, 2016

"Constitution Check: Is the Obama immigration policy stalled nationwide?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:09 PM by Howard Bashman


"Supreme Court Justice Ginsburg to Speak at VMI, W&L": Washington and Lee University issued this news release today.
Posted at 10:42 PM by Howard Bashman


"America's New Lesson in Tolerance: What one of the Supreme Court's most humiliating mistakes tells us about the debate over Colin Kaepernick's national-anthem protest." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 05:50 PM by Howard Bashman


"A New Frontier in SCOTUS Stay Decisions Without Justice Scalia?" Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 05:22 PM by Howard Bashman


"Why Did Paul Clement Craft His NC Voting Brief as If Scalia Was Still Alive? A Theory." Rick Hasen has this post at his "Election Law Blog."
Posted at 04:12 PM by Howard Bashman


"All Immigrants Deserve a Court Hearing. Period." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 03:30 PM by Howard Bashman


"Virginia Republicans Seem Determined To Not Let Thousands Of Ex-Felons Vote In November; They're asking the state Supreme Court to hold Gov. Terry McAuliffe in contempt": Cristian Farias of The Huffington Post has this report.
Posted at 03:21 PM by Howard Bashman


"U.S. Supreme Court Justice Ginsburg to speak at Notre Dame": Dennis Brown of Notre Dame News has this report.

Seventh Circuit Judge Ann Claire Williams will serve as moderator of the event.

And The Observer, the student newspaper of Notre Dame and Saint Mary's, reports that "Supreme Court Justice Ruth Bader Ginsburg to speak at Notre Dame."
Posted at 03:14 PM by Howard Bashman



"The Supreme Court's First Amendment problem: Yale Law School dean Robert Post '77JD is trying to sort out the court's position on free speech." Gilad Edelman has this cover story in the Sep/Oct 2016 issue of Yale Alumni Magazine.
Posted at 03:00 PM by Howard Bashman


"The President, the Prosecutor, and the Wheel of Fortune": Online at The New York Times, Linda Greenhouse has an essay that begins, "So Bill Clinton appears well on his way back to the White House (albeit in a different capacity) while Kenneth W. Starr, the independent counsel who pursued him and his sexual indiscretions all the way to his impeachment, is out of a job."
Posted at 10:03 AM by Howard Bashman


"Justice Kagan in Tucson: Court doesn't feel political pressure." Curt Prendergast of The Arizona Daily Star has this report.

And Elizabeth S Eaton of The Arizona Republic has an article headlined "Justice Elena Kagan talks about her warm relationship with her late colleague Antonin Scalia; Kagan: 'The loss of his voice means the institution operates differently.'"
Posted at 10:00 AM by Howard Bashman







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