How Appealing

Monday, October 31, 2016

"Will Republicans Fight to Shrink the Supreme Court?" Jeff Shesol has this post online today at The New Yorker.
Posted at 09:38 PM by Howard Bashman


"Appeals court rules against Advocate, NorthShore hospital merger": Lisa Schencker of The Chicago Tribune has this report.

Brent Kendall off The Wall Street Journal reports that "Appeals Court Gives Boost to Government Opposition to Chicago-Area Hospital Merger; Move is latest win for antitrust enforcers challenging health-care consolidation."

And Reuters reports that "US trade regulator wins round in fight to stop Chicago hospital merger."

You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 09:30 PM by Howard Bashman



"Justice Clarence Thomas checks out a Colbie Caillat show at the Birchmere": Emily Heil has this post today at the "Reliable Source" blog of The Washington Post.
Posted at 09:20 PM by Howard Bashman


"Ballot-Box Tests on Death Penalty in States": Kenneth Jost has this post today at his blog, "Jost on Justice."
Posted at 08:14 PM by Howard Bashman


"Transgender-Rights Case Moves Too Quickly": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 08:12 PM by Howard Bashman


"Who Owns Cheerleader Uniform Designs? It's up to the Supreme Court." Erin Geiger Smith had this article in Sunday's edition of The New York Times.
Posted at 03:06 PM by Howard Bashman


"I'm transgender and can't use the student bathroom. The Supreme Court could change that." Gavin Grimm had this op-ed last week in The Washington Post.
Posted at 03:04 PM by Howard Bashman


"The last death penalty appeal, or just another one before a flood, or business as usual": David Ettinger has this post today at the "At the Lectern" blog.
Posted at 01:44 PM by Howard Bashman


"'At Long Last, Have You Left No Sense Of Decency?'" Senior U.S. District Judge Richard G. Kopf (D.Neb.) has this post today at the "Fault Lines" blog of Mimesis Law.
Posted at 10:20 AM by Howard Bashman


"Abortion by prescription now rivals surgery for U.S. women": Jilian Mincer of Reuters has this report.
Posted at 10:00 AM by Howard Bashman


"OT2016 #4: 'Federal Circuit, Never Change.'" You can access the newly posted fourth episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 09:52 AM by Howard Bashman


"Amicus: Intimidation Nation -- Lawyers challenging punitive voting restrictions in Ohio are making an eleventh hour appeal to the Supreme Court." You can access at this link the new installment of Slate's "Amicus" podcast featuring Dahlia Lithwick.
Posted at 09:50 AM by Howard Bashman


"Who Will Protect the Constitution? Donald Trump vs. Hillary Clinton, amendment by amendment." Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.
Posted at 09:48 AM by Howard Bashman


"For 25 years, it has been Clarence Thomas v. Controversy": Robert Barnes has this article in today's edition of The Washington Post.
Posted at 09:45 AM by Howard Bashman


"Justice Thomas, Reticent on the Bench, Is Effusive About His Time There": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 09:40 AM by Howard Bashman


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

In Tatum v. Arizona, No. 15-8850, Justice Sonia Sotomayor concurred in the decision to issue a GVR, while Justice Samuel A. Alito, Jr. issued a dissent, in which Justice Clarence Thomas joined.

In early news coverage, The Associated Press reports that "Supreme Court won't hear challenge to FBI fitness test"; "Supreme Court rejects appeal from Alabama death row inmate"; and "Justices dismiss case over deaf driver education in Texas."
Posted at 09:32 AM by Howard Bashman



Sunday, October 30, 2016

"The 'Loving Analogy' in the New SCOTUS Trans Case": Michael Dorf has this post today at "Dorf on Law."
Posted at 11:06 PM by Howard Bashman


"We Need Nine (Or Do We): A Slice of Supreme Court History." Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 11:00 PM by Howard Bashman


"Poll: Voters favor retaining at least some of the Kansas Supreme Court justices by wide margin." Jonathan Shorman has this front page article in today's edition of The Topeka Capital-Journal.

And in today's edition of The Wichita Eagle, Amy Renee Leiker has articles headlined "Death penalty cases a factor behind efforts to oust justices"; "What courts did in the Carr brothers case; what's next"; and "Four misconceptions about the Carr cases, explained."
Posted at 10:50 PM by Howard Bashman



"Election crucial to US Supreme Court's makeup, future": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 10:44 PM by Howard Bashman


"Greg Abbott presses Texas Supreme Court to limit gay-marriage ruling": Chuck Lindell of the Austin American-Statesman has this report.

Andrea Zelinski of The Houston Chronicle reports that "State leaders ask Texas high court for clarification on same sex marriage law."

And Alexa Ura of The Texas Tribune reports that "Texas Republicans want to narrow scope of same-sex marriage ruling; Texas Republicans are asking the state Supreme Court to reconsider a case about benefits in what appears to be an attempt to narrow the scope of the landmark ruling that legalized same-sex marriage."
Posted at 10:40 PM by Howard Bashman



"PA Ballot Question Leads To State Supreme Court Confusion": Pat Loeb of CBS Philly has this report.
Posted at 10:26 PM by Howard Bashman


"Malcolm Rowe Formally Appointed To Supreme Court Of Canada": The Canadian Press has this report.
Posted at 10:22 PM by Howard Bashman


"Judge Posner says quality of Supreme Court is 'awful'": Kim Janssen of The Chicago Tribune has this report.
Posted at 10:14 PM by Howard Bashman


"Appeals decision for Utah Planned Parenthood stands in unusual review": The Associated Press has this report on an order denying a sua sponte call for rehearing en banc, accompanied by concurrences and a dissent, that the U.S. Court of Appeals for the Tenth Circuit issued on Friday.
Posted at 08:10 PM by Howard Bashman


Self-described "Netflix of Porn" loses appeal from denial of preliminary injunction in reverse-confusion trademark dispute against Amazon.com: You can access Friday's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. Circuit Judge Robin S. Rosenbaum wrote the opinion.

Earlier, Nathan Hale of Law360.com reported on the oral argument of this appeal in an article headlined "11th Circ. Asks If Facts Back Porn Co. In Amazon TM Dispute" (subscription required for full access).
Posted at 08:00 PM by Howard Bashman



Saturday, October 29, 2016

"Federal appeals court upholds Arizona's new law against 'ballot harvesting'": Howard Fischer of The Arizona Daily Star has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.

And The Associated Press reports that "Appeals court might revisit Arizona ballot collection law." You can access today's Ninth Circuit order regarding that court's consideration of a judge's sua sponte call for rehearing en banc at this link.
Posted at 11:58 PM by Howard Bashman



"Supreme Court to Decide if North Carolina Can Bar Sex Offenders From Social Media; State law prohibits sex offenders from accessing certain websites when minors may be members": Brent Kendall of The Wall Street Journal has this report.

Andrew Blake of The Washington Times reports that "Supreme Court to hear challenge to North Carolina's social-network ban for sex offenders."

And Greg Stohr of Bloomberg News reports that "Social Media Ban for Sex Offenders Gets U.S. High Court Review."
Posted at 09:02 PM by Howard Bashman



"Supreme Court to Rule in Transgender Access Case": Adam Liptak has this front page article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes and Moriah Balingit have an article headlined "Supreme Court takes up school bathroom rules for transgender students."

David G. Savage of The Los Angeles Times reports that "Supreme Court will decide on transgender rights in Virginia school case."

Richard Wolf of USA Today reports that "Supreme Court will rule on transgender rights."

Jess Bravin of The Wall Street Journal reports that "Supreme Court to Review Transgender Bathroom Access at Public Schools; Court to decide whether schools must follow federal guidance allowing students to choose bathroom."

Dave Boyer of The Washington Times reports that "Supreme Court to hear challenge to Obama's transgender bathroom rule."

In today's edition of The Daily Press of Newport News, Virginia, Frances Hubbard has a front page article headlined "U.S. Supreme Court will hear Gloucester transgender case."

Chris Geidner of BuzzFeed News reports that "Supreme Court To Hear Critical Challenge Over Transgender Rights; Gavin Grimm's challenge to a Virginia school district's anti-transgender restroom policy will be heard by the justices this term, the court announced on Friday."

Cristian Farias of The Huffington Post reports that "Supreme Court To Hear Key Dispute Over Transgender Rights In America; The case centers around 17-year-old Gavin Grimm, who's been barred from using the boys' restroom at his school."

And at the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Supreme Court steps into transgender dispute."
Posted at 08:47 PM by Howard Bashman



"D.C. Circuit Review -- Reviewed: More Dogs and Lions." Aaron Nielson has this post today at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 01:25 PM by Howard Bashman


"Who Put the Hit Out on a Florida Criminal Justice Professor?" Francisco Alvarado of Vice.com has this report.
Posted at 01:22 PM by Howard Bashman


"Appeals panel will not let Larry Klayman defend Cliven Bundy in Bunkerville standoff case": Jeff German of The Las Vegas Review-Journal has this report.

My earlier coverage of yesterday's Ninth Circuit ruling can be accessed here.
Posted at 01:15 PM by Howard Bashman



"Tim Kaine: Democrats Will Nuke Filibuster For Supreme Court Nominees If GOP Won't Cooperate; Senate Republicans are already indicating they'll block any potential nominee put forward by Hillary Clinton." Sam Stein and Amanda Terkel of The Huffington Post have this report.
Posted at 01:07 PM by Howard Bashman


Friday, October 28, 2016

"Telling a Half-Truth Doesn't Work for Drugmaker": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 10:22 PM by Howard Bashman


"'Journey to the Supreme Court' -- A conversation with U.S. Supreme Court Justice Elena Kagan": This event occurred this afternoon as part of the Equal Justice Works 2016 Conference and Career Fair.

C-SPAN has posted online at this link the video of the conversation with Justice Kagan.
Posted at 10:06 PM by Howard Bashman



"Posner: Class Action Rules, Constitution Overrated." Perry Cooper of Bloomberg BNA has this report.
Posted at 09:15 PM by Howard Bashman


"Appeals court reinstates ballot selfie ban": Chad Livengood of The Detroit News has this report.

Bill Laitner of The Detroit Free Press reports that "Court says no ballot-box selfies in Michigan, after all."

Brad Devereaux of MLive.com reports that "Ballot selfies not allowed in Michigan, federal appeals court rules."

The Associated Press has a report headlined "US appeals court: Michigan can enforce ballot selfie ban."

Chris Geidner of BuzzFeed News reports that "Federal Appeals Court Says Michigan 'Ballot Selfie' Ban Will Stay In Effect For Now; A lower court had stopped enforcement of the law earlier this week."

And at his "Election Law Blog," Rick Hasen has a post titled "Divided 6th Circuit Restores Michigan Ban on Ballot Selfies for this Election."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link. Circuit Judge Jeffrey S. Sutton delivered the decision of the court.
Posted at 09:00 PM by Howard Bashman



"Bad words on license plates get reviewed by Md. high court": Capital News Service of Maryland had this report last month.

Today. the Court of Appeals of Maryland -- that state's highest court -- issued this decision upholding the revocation of the vanity plate in question.
Posted at 08:44 PM by Howard Bashman



"Justices argue they interpret the law fairly but acknowledge rulings can provoke anger; All five justices up for retention answered questions from The Capital-Journal": Jonathan Shorman of The Topeka Capital-Journal has this report.
Posted at 05:50 PM by Howard Bashman


Ninth Circuit denies writ of mandamus to allow Larry Klayman pro hac vice admission to serve as Cliven Bundy's trial counsel: You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

In earlier coverage, Jeff German of The Las Vegas Review-Journal reported in July 2016 that "Lawyer asks appeals court to let him defend Cliven Bundy in Nevada case."
Posted at 05:42 PM by Howard Bashman



"Antonin Scalia remembered for moral courage in commitment to rule of law, Catholic faith": Bradford Richardson of The Washington Times has this report.
Posted at 05:33 PM by Howard Bashman


"Uphill Climb for Trump, Clinton to Overturn SCOTUS": Kimberly Robinson of Bloomberg BNA has this report.
Posted at 05:02 PM by Howard Bashman


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

In early news coverage, The Associated Press reports that "Supreme Court to rule in Virginia transgender case"; "Justices to hear sex offender's challenge to Facebook ban": and "Justices will consider deportation law for sex offenders."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court takes up transgender rights case" and "U.S. Supreme Court to hear sex offender social media ban case."

And Greg Stohr of Bloomberg News reports that "Transgender Bathroom Case Will Get U.S. Supreme Court Review."
Posted at 04:35 PM by Howard Bashman



"Conviction Reinstated in Facebook Threats Case; Supreme Court had previously overturned the decision in free-speech case": Brent Kendall of The Wall Street Journal has this report.

And The Associated Press reports that "Man loses latest court fight over violent Facebook posts."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.

Peter Hall of The Morning Call of Allentown, Pennsylvania reported on the Third Circuit oral argument (24.0 MB mp3 audio file) that occurred earlier this year in an article headlined "Federal appeals court hears arguments in Anthony Elonis Facebook threats case."
Posted at 01:54 PM by Howard Bashman



"Supreme Court nominee could cost next president": Richard Wolf of USA Today has this report.
Posted at 01:23 PM by Howard Bashman


"Vote no on misleading ballot question that would raise judges' retirement age": This editorial appears in today's edition of The Philadelphia Inquirer.
Posted at 11:50 AM by Howard Bashman


"Moore storms out of lottery selecting his appeal judges": Brian Lyman has this front page article in today's edition of The Montgomery Advertiser.
Posted at 11:48 AM by Howard Bashman


"Clarence Thomas On Supreme Court Gridlock: Washington 'Is Broken In Some Ways'; The 68-year-old justice offered Republicans in Congress a lesson on how to do your job." Cristian Farias of The Huffington Post has this report.
Posted at 09:25 AM by Howard Bashman


Thursday, October 27, 2016

"Court Backs Harvard in Plagiarism Challenge": Doug Lederman of Inside Higher Ed has a post that begins, "Harvard University did not defame or breach a contract with a former law school student when it noted a plagiarism finding on her transcript, a federal appeals court ruled Monday."

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



"Cruz cites 'long historical precedent' of SCOTUS vacancies, lays ground for potential fight": Eugene Scott and Ted Barrett of CNN.com have this report.
Posted at 10:06 PM by Howard Bashman


"Antonin Scalia, Disciple of the Word": Ed Whelan has this essay online today at National Review.
Posted at 09:34 PM by Howard Bashman


"Lawyer Accuses Justice Thomas of Groping Her at Party in 1999": Adam Liptak will have this article in Friday's edition of The New York Times.
Posted at 09:26 PM by Howard Bashman


"Why Bill Gates is trying to change Washington's Supreme Court": Reid Wilson of The Hill has an article that begins, "Washington State Supreme Court Justice Charlie Wiggins spent 10 months raising a little over $200,000 for his reelection campaign. On Oct. 17, a single donor -- Microsoft co-founder Bill Gates -- wrote a $200,000 check to a political action committee aiming to boot Wiggins from office."
Posted at 09:22 PM by Howard Bashman


"Alaska Lawyer Accuses Justice Thomas of Groping Her at 1999 Dinner Event; Woman said she was motivated to tell story after seeing other women speak up about alleged assaults or inappropriate behavior by influential men": Jess Bravin of The Wall Street Journal has this report.
Posted at 09:18 PM by Howard Bashman


"Federal court asked to invalidate Pa. judge-retirement vote": Michaelle Bond of The Philadelphia Inquirer has an article that begins, "Two former Supreme Court chief justices and a prominent Philadelphia lawyer are asking a federal court to declare a ballot question extending state judges' retirement age unconstitutional and any votes cast on it invalid."
Posted at 09:04 PM by Howard Bashman


"9th Circuit to corporations: Once you open your mouth, you can't lie." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 08:56 PM by Howard Bashman


"Ted Cruz's dangerous and offensive new threat; Mr. Shutdown threatens to shut down the Supreme Court": Ian Millhiser has this essay online today at ThinkProgress.
Posted at 07:51 PM by Howard Bashman


"Eight Is Not Enough: Senate Republicans believe the Supreme Court will be just fine permanently operating one justice down; Here's how John Roberts can talk sense into them." Dahlia Lithwick has this jurisprudence essay online today at Slate.
Posted at 07:38 PM by Howard Bashman


"Ted Cruz's Supreme Court remark draws White House criticism": The Associated Press has this report.
Posted at 06:15 PM by Howard Bashman


"Lawyer says Justice Thomas groped her in 1999; he denies it": Mark Sherman of The Associated Press has this report.

And Lawrence Hurley of Reuters reports that "Lawyer says U.S. Supreme Justice Thomas groped her in 1999."
Posted at 06:14 PM by Howard Bashman



"Meet the Florist Sued Over Refusing a Same-Sex Wedding Order": Patrick Gregory of Bloomberg BNA has this report.
Posted at 05:14 PM by Howard Bashman


"Republicans at war over Supreme Court; Senate Republicans are girding for a brutal conflict over how to handle the lingering Supreme Court vacancy": Burgess Everett of Politico.com has a report that begins, "Senate Republicans are choosing sides ahead of a brutal conflict over how to handle the lingering Supreme Court vacancy, with Jeff Flake firing back Thursday at a suggestion by Ted Cruz that the party could indefinitely block any nominee from Hillary Clinton."
Posted at 05:09 PM by Howard Bashman


"Narrowing Down Clinton's Choices For Supreme Court Nominee": Adam Feldman recently had this post at his "Empirical SCOTUS" blog.
Posted at 04:15 PM by Howard Bashman


"This Could Be The Beginning Of The End Of The Supreme Court As We Know It; Conservatives lay the groundwork for blocking all of Hillary Clinton's nominees": Cristian Farias of The Huffington Post has this report.
Posted at 04:12 PM by Howard Bashman


"Supreme Court braces for another term with only 8 justices": Law professor Erwin Chemerinsky has this post online today at ABA Journal.
Posted at 04:03 PM by Howard Bashman


"It's the Supreme Court, not the Senate, that needs to do its job right now": Law professor Eric J. Segall has this essay online at The Los Angeles Times.
Posted at 04:02 PM by Howard Bashman


SCOTUSDaily interviews BuzzFeed's Chris Geidner: You can read the interview at this link.
Posted at 04:00 PM by Howard Bashman


"Lee v. Tam: Offensive Trademarks at the Supreme Court: Speech Rights and Government Prerogative." Erica Goldberg has this post -- the first in a series -- at her "In a Crowded Theater" blog.
Posted at 03:54 PM by Howard Bashman


"On the Web, Cults of Personality for Ginsburg, Thomas": Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 03:48 PM by Howard Bashman


"Are copyright claims stifling free speech on the Internet?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:38 PM by Howard Bashman


"The Senate Should Refuse To Confirm All Of Hillary Clinton's Judicial Nominees; As a matter of constitutional law, the Senate is fully within its powers to let the Supreme Court literally die out": Ilya Shapiro has this essay online at the Federalist.
Posted at 01:34 PM by Howard Bashman


"Forced Out (Constitutionally) for Facebook Comments; Federal appeals court rules that Central Lakes College acted legally when it kicked a student out of a nursing program for comments deemed unprofessional and threatening": Doug Lederman of Inside Higher Ed has this report.

Steven Nelson of U.S. News & World Report has an article headlined "Federal Court Upholds College Punishment for Off-Campus Facebook Posts Said to Violate Vague Standards; 'A decision like this opens the door,' free speech advocate warns."

And at "On Brief: Iowa's Appellate Blog," Ryan Leemkuil has a post titled "Eighth Circuit: Your Facebook post could get you kicked out of school."

You can access yesterday's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 01:30 PM by Howard Bashman



"Justice Thomas Is A Good Man": Carrie Severino has this post at National Review's "Bench Memos" blog.
Posted at 01:17 PM by Howard Bashman


"Content Industry Gets Favored Interpretation of 'Repeat Infringers' in MP3Tunes Appeal; MP3Tunes and its founder Michael Robertson can't escape a determination of owing tens of millions of dollars to record labels and music publishers": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter.

Nate Raymond of Reuters reports that "U.S. court rules for music companies in MP3tunes copyright case."

And Joe Mullin of Ars Technica has an article headlined "Things look even worse for MP3tunes founder after loss on appeal; Judges: mp3tunes founder 'acted in a manner intended to promote infringement.'"

You can access Tuesday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:11 PM by Howard Bashman



"Young Scholar, Now Lawyer, Says Clarence Thomas Groped Her in 1999": Marcia Coyle of The National Law Journal has this report.
Posted at 12:56 PM by Howard Bashman


"Ex-Justice John Paul Stevens coming home for World Series": Jason Meisner has this front page article in today's edition of The Chicago Tribune.
Posted at 11:12 AM by Howard Bashman


"The Death Penalty, Nearing Its End": This editorial appeared in Monday's edition of The New York Times.
Posted at 11:07 AM by Howard Bashman


"Why Merrick Garland should keep hoping": Joan Biskupic of CNN,com has this report.
Posted at 11:04 AM by Howard Bashman


"Thomas criticizes broken confirmation process for high court": Mark Sherman of The Associated Press has this report.

And Greg Stohr of Bloomberg News reports that "Justice Thomas Laments a Washington That's 'Broken in Some Ways.'"
Posted at 09:12 AM by Howard Bashman



"View from bench: Former Supreme Court justice roots for Cubs." Ben Walker of The Associated Press has this report.
Posted at 09:08 AM by Howard Bashman


"In ballot selfie battle, free speech beats fear of voter fraud": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 09:02 AM by Howard Bashman


"The Corrosive Election and the New Abnormal": Linda Greenhouse has this essay online today at The New York Times.
Posted at 08:52 AM by Howard Bashman


Wednesday, October 26, 2016

In the November 2016 issue of ABA Journal magazine: Mark Walsh has the cover story, headlined "Appeals courts are dismantling stricter voter ID laws."

Walsh also has an article headlined "SCOTUS will decide whether Miami can sue banks under the Fair Housing Act."

And Liane Jackson has a post titled "New books explore polarization of politics and judiciary."
Posted at 08:55 PM by Howard Bashman



Dissenting Pa. Supreme Court Justice cites the most recent installment of my monthly appellate column: See footnote 5 of this dissenting opinion, issued yesterday.
Posted at 08:47 PM by Howard Bashman


"Justice Thomas Remarks at the Heritage Foundation": C-SPAN has posted the video of this evening's event online at this link.

Conversations with Bill Kristol has posted online at YouTube a video titled "Justice Clarence Thomas: Personal reflections on the Court, his jurisprudence, and his education." You can also access the transcript.

Online at The New Yorker, Jeffrey Toobin has a post titled "Clarence Thomas's Twenty-Five Years Without Footprints."

Online today at The Weekly Standard, Adam J. White responds in a post titled "Clarence Thomas Is Building a Majority By Dissent; And Jeffrey Toobin marks a quarter-century of loathing the Supreme Court justice."

And at "Mirror of Justice," Kevin C. Walsh has a post titled "Justice Clarence Thomas on the duty not to despair."
Posted at 08:40 PM by Howard Bashman



"The Distinctive Role of Justice Samuel Alito: From a Politics of Restoration to a Politics of Dissent." Law professor Neil S. Siegel has this essay online at The Yale Law Journal Forum.
Posted at 07:48 PM by Howard Bashman


"Testing Federal Power Over Immigration: An upcoming birthright citizenship case at the Supreme Court could give some insight as to whether Donald Trump's proposed ban on immigration could pass Constitutional muster." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 07:40 PM by Howard Bashman


"Two Messy Gitmo Trials Land at Supreme Court's Step": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 07:25 PM by Howard Bashman


"Cruz suggests leaving vacancy on Supreme Court": The Associated Press has this report.
Posted at 06:10 PM by Howard Bashman


"Justice Stevens on the Cubs and the World Series": Mark Walsh has this post today at "SCOTUSblog."
Posted at 06:08 PM by Howard Bashman


"The Supreme Court in Transition: A View from the Frontlines." The National Constitution Center has posted online at YouTube the video of this event from earlier today featuring Robert Barnes, Lincoln Caplan, and Marcia Coyle.
Posted at 06:07 PM by Howard Bashman


"'Eight is not a good number': Justices Ginsburg, Sotomayor address the New York City Bar Association." Robert Barnes of The Washington Post has this report.
Posted at 06:00 PM by Howard Bashman


Programming note: Good morning from Allentown, Pennsylvania, where today I will be participating in two appellate oral arguments before a three-judge panel of the Superior Court of Pennsylvania.

Blogging has been on a reduced pace over the past several days, because I was visiting Las Vegas from Saturday afternoon through yesterday morning. Regular blogging will resume tonight.

As always while I am traveling, more frequent appellate-related retweets will appear at this blog's Twitter feed.
Posted at 07:02 AM by Howard Bashman



Tuesday, October 25, 2016

"Harry Reid's Parting Shot: Dems Will Nuke The Filibuster For SCOTUS." Lauren Fox of TPM DC has this report.
Posted at 09:58 AM by Howard Bashman


"UB Law School hosts Supreme Court Justice Samuel Alito; Alito discusses family life and interpretations of the law": Sarah Crowley of The Spectrum, the student newspaper of the State University of New York at Buffalo, has this report.
Posted at 09:55 AM by Howard Bashman


"Chuck Grassley's New Defense For Supreme Court Blockade: Hearings Cost A Lot Of Money; Meanwhile, Merrick Garland has been waiting 222 days for an actual confirmation." Cristian Farias of The Huffington Post has this report.
Posted at 09:51 AM by Howard Bashman


"The fate of the Supreme Court could rest with Ted Cruz; Merrick Garland's best chance of being confirmed is a chastened Cruz": Ian Millhiser has this essay online at ThinkProgress.
Posted at 09:50 AM by Howard Bashman


"US Supreme Court chief justice buys 1,560-square-foot home on Maine island": Stephen Betts has this front page article in today's edition of The Bangor Daily News.
Posted at 09:48 AM by Howard Bashman


Monday, October 24, 2016

"The risk that [the plaintiff's child] would be subject to another such search is no more 'actual and imminent' than the Chicago Cubs (or, we fear, the Cleveland Indians) winning the World Series." So wrote Circuit Judge Jeffrey S. Sutton on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit in a decision issued on November 20, 2015.

My post about the ruling, which appeared here that same day, observed that "this bulletin-board material may be just the additional motivation the [Chicago Cubs] need to win it all in 2016." It appears to have also worked wonders for the Cleveland Indians.
Posted at 12:08 PM by Howard Bashman



"Longtime reporter says Supreme Court is broken": Columnist Susan Ladd of The News & Record of Greensboro, North Carolina has an essay that begins, "The U.S. Supreme Court is unlike any other branch of government -- which makes covering it a bit like reporting on Oz, said Dahlia Lithwick, senior editor at Slate who writes 'Supreme Court Dispatches' and the 'Jurisprudence' column."
Posted at 10:55 AM by Howard Bashman


"NCGOP says 'race baiting' used in NC Supreme Court TV ad": Colin Campbell of The News & Observer of Raleigh, North Carolina has this report.
Posted at 10:52 AM by Howard Bashman


"Three cases stymied by a Supreme Court vacancy": Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:50 AM by Howard Bashman


Sunday, October 23, 2016

"Juvenile offenders in legal limbo; Although life sentences without parole banned for youths, 68 state inmates not likely to benefit": Cara Lombardo has this front page article in today's edition of The Milwaukee Journal Sentinel.
Posted at 12:23 PM by Howard Bashman


"Republicans on ballot seek to extend dominance on Ohio Supreme Court": Randy Ludlow of The Columbus Dispatch has this report.
Posted at 12:21 PM by Howard Bashman


Saturday, October 22, 2016

"The Threat Of A Right-Wing Supreme Court: Analyzing Trump's Prospective Justices." Marjorie Cohn has this essay online at The Huffington Post.
Posted at 08:44 PM by Howard Bashman


"Blunt stands by Trump and his possible Supreme Court picks, including judge from St. Louis": Celeste Bott of The St. Louis Post-Dispatch has this report.
Posted at 08:40 PM by Howard Bashman


"Why It Matters: Supreme Court." Mark Sherman of The Associated Press has this report.
Posted at 08:36 PM by Howard Bashman


"U.S. Supreme Court Justice Ginsburg to make opera debut": Reuters has this report.
Posted at 08:34 PM by Howard Bashman


"Is the Supreme Court counting on getting a ninth justice in January?" Juliet Eilperin and Robert Barnes of The Washington Post have this report.
Posted at 08:32 PM by Howard Bashman


"Clarence Thomas' Supreme Court legacy": Ariane de Vogue of CNN.com has this report.
Posted at 08:30 PM by Howard Bashman


Friday, October 21, 2016

"Court to get one, maybe two, big cases on war crimes": Lyle Denniston has this blog post today.
Posted at 10:33 PM by Howard Bashman


"Appeals court considers claim against agent in fatal cross-border shooting": Howard Fischer of The Arizona Daily Star has this report.

And The Associated Press reports that "Appeals court considers Arizona cross-border shooting case."

You can view via YouTube at this link today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 10:22 PM by Howard Bashman



"Appeals court revives lawsuit by Abu Ghraib inmates": The Associated Press has this report.

And Cristian Farias of The Huffington Post reports that "Iraqis Who Sued Over Torture At Abu Ghraib Win New Round In Court; The long-running case seeks to hold accountable a military contractor blamed for egregious abuses."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 10:14 PM by Howard Bashman



"Short-handed Supreme Court delays action in 3 cases": Mark Sherman of The Associated Press has this report.
Posted at 10:06 PM by Howard Bashman


"Why doesn't Clarence Thomas get his due? He's a black man who challenged liberal orthodoxy; After a remarkable 25-year career on the nation's highest court, the fact that he's not celebrated by all Americans is a travesty." Mark Paoletta has this entry today at the "PostEverything" blog of The Washington Post.
Posted at 07:05 PM by Howard Bashman


"Alito delights Shea's crowd with insights into Supreme Court": Jay Tokasz has this front page article in today's edition of The Buffalo News.
Posted at 06:38 PM by Howard Bashman


"After 25 years, Clarence Thomas still dissents": Richard Wolf of USA Today has this report.
Posted at 01:35 PM by Howard Bashman


"Worse Than Trump: The GOP's Merrick Garland blockade is more disastrous for democracy than anything Donald Trump will do after Election Day." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 01:32 PM by Howard Bashman


"Fighting Clinton's Court Nominees? That's Crazy." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:28 PM by Howard Bashman


"Flake says it might be Garland time": Burgess Everett of Politico.com has this report.
Posted at 01:25 PM by Howard Bashman


"Geoffrey Stone - Public Affairs - 2016-10-12": Public Affairs TV with Jeff Berkowitz has posted on YouTube this interview with law professor Geoffrey R. Stone discussing the upcoming presidential election and its impact on the U.S. Supreme Court.
Posted at 09:30 AM by Howard Bashman


"College of Law Dean Craig Boise described as the 'most interesting man in the world'": Alex Erdekian of The Daily Orange, the student newspaper of Syracuse University, has this report.
Posted at 09:27 AM by Howard Bashman


Law professor Josh Blackman's foray into physical fitness while clerking for the Sixth Circuit gives rise to the Petition of the Day at "SCOTUSblog": You can access the petition for writ of certiorari at this link.
Posted at 09:22 AM by Howard Bashman


"Military Can Try Guantanamo Detainee for Conspiracy, Court Rules; Ruling, involving bin Laden follower, could lead to expanded military prosecutions": Jess Bravin of The Wall Street Journal has this report.

And in today's edition of The Washington Post, Ann E. Marimow has an article headlined "Appeals court upholds conspiracy conviction of Guantanamo Bay detainee."

My earlier coverage of yesterday's en banc D.C. Circuit ruling can be accessed here.
Posted at 09:18 AM by Howard Bashman



"Kagan and Urofsky share admiration for Justice Louis Brandeis": Andrew Hamm has this post at "SCOTUSblog."
Posted at 09:12 AM by Howard Bashman


Thursday, October 20, 2016

"The Great Supreme Court Debate": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 11:54 PM by Howard Bashman


"Harvard students object to use of personal data in admissions bias suit": Josh Gerstein of Politico.com has this report.
Posted at 10:36 PM by Howard Bashman


Seventh Circuit affirms denial of preliminary injunction against Illinois's restrictions on concealed carry of guns by nonresidents: Circuit Judge Richard A. Posner wrote today's ruling on behalf of the majority on a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 09:44 PM by Howard Bashman


"Felon's air-powered BB gun is no 'firearm,' Minnesota Supreme Court rules": Rachel E. Stassen-Berger of The Pioneer Press of St. Paul, Minnesota has this report.

And Liz Sawyer of The Minneapolis Star Tribune reports that "Minnesota's Supreme Court overturns felony conviction, rules that BB gun is not a firearm; Supreme Court vacates conviction for possession."

You can access yesterday's ruling of the Supreme Court of Minnesota at this link.
Posted at 09:24 PM by Howard Bashman



"Immigrants, advocates keenly watch Iowa Supreme Court case": Grant Rodgers of The Des Moines Register has an article that begins, "The Iowa Supreme Court's decision on whether a county attorney has the authority to prosecute a Mexican immigrant on a charge of felony identify theft and forgery could break legal ground and have serious implications for undocumented immigrants being urged by the federal government to come out of the shadows."

And at "On Brief: Iowa's Appellate Blog," Rox Laird has a post titled "Iowa Supreme Court argument recap: Justices keep cards close to the vest in immigration case."
Posted at 09:12 PM by Howard Bashman



"Alaska Supreme Court goes to Valley school to hear case of smelly septage": Zaz Hollander of Alaska Dispatch News has this report.
Posted at 09:04 PM by Howard Bashman


"Trump's Striking Lack of Interest in the Supreme Court: It's the issue many conservatives care about most -- but when Clinton blew an answer at the debate, the Republican nominee didn't even seem to notice." Matt Ford of The Atlantic has this report.

And online at The Los Angeles Times, law professor Erwin Chemerinsky has an essay titled "What was left unsaid about the Supreme Court and the future of your constitutional rights in the last debate."
Posted at 09:00 PM by Howard Bashman



"Supreme Court Justice Samuel Alito in Buffalo tonight for invite-only event": Aaron Besecker of The Buffalo News has this report.
Posted at 08:50 PM by Howard Bashman


"Columbia church finds itself at center of U.S. Supreme Court squabble": Rick Montgomery has this front page article in today's edition of The Kansas City Star.
Posted at 08:44 PM by Howard Bashman


"The Supreme Court's Election Day 'Doomsday scenario'": Ariane de Vogue of CNN.com has this report.
Posted at 08:30 PM by Howard Bashman


In today's mail: I received a complimentary copy of the book "Business and the Roberts Court," edited by law professor Jonathan H. Adler.
Posted at 06:12 PM by Howard Bashman


"The candidates and the Constitution": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 04:33 PM by Howard Bashman


"U.S. appeals court upholds al Qaeda publicist's conviction": Lawrence Hurley of Reuters has this report.

Sam Hananel of The Associated Press reports that "Federal appeals court upholds Guantanamo conspiracy conviction of bin Laden assistant."

And Cristian Farias of The Huffington Post reports that "Appeals Court Upholds Conviction Of Bin Laden Assistant In 9/11 Terror Plot; Ali Hamza Ahmad al Bahlul had been convicted of conspiracy to commit war crimes."

You can access today's ruling of the en banc U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:50 PM by Howard Bashman



SCOTUSDaily interviews NPR's Nina Totenberg: You can read the interview at this link.
Posted at 01:33 PM by Howard Bashman


"Neither Trump Nor Clinton Understands What the Supreme Court Is Supposed to Do; Both candidates promise appointees who share their policy views": Jacob Sullum has this post today at Reason's "Hit & Run" blog.
Posted at 01:32 PM by Howard Bashman


"Will The New Era Of Limited Federal Monitoring Still Protect Voter Rights?" Nina Totenberg had this audio segment on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 01:28 PM by Howard Bashman


Wednesday, October 19, 2016

"Attorney General Schmidt apologizes for state's citation of Dred Scott case": Bryan Lowry of The Wichita Eagle has this report.
Posted at 11:00 PM by Howard Bashman


Second Circuit opts-out from the reduced word limits for federal appellate briefs, joining the Seventh, Ninth, and Federal Circuits: The U.S. Court of Appeals for the Second Circuit today issued this notice of proposed rulemaking.

And the Federal Circuit's notice of its intention to opt-out, which I had not been aware of until today, can be accessed here.
Posted at 09:10 PM by Howard Bashman



"Washington Redskins trademark case put on hold": Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:30 PM by Howard Bashman


"Death Throes: Changing how America thinks about capital punishment." Lincoln Caplan has this cover story in the November-December 2016 issue of Harvard Magazine.
Posted at 08:24 PM by Howard Bashman


"SCOTUS Above All Else: Sen. John McCain's recent comments reveal how the Republican Party's Supreme Court strategy is backfiring." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:20 PM by Howard Bashman


"Wake Up Progressives: The 2016 Election is Now All About the Supreme Court and Every Issue You Care About." Rick Hasen has this post today at his "Election Law Blog."
Posted at 08:09 PM by Howard Bashman


"Kansas Approvingly Cites Dred Scott to Explain Why It Can Ban Abortion": Mark Joseph Stern has this post (containing an update at the end) online at Slate.
Posted at 08:03 PM by Howard Bashman


"GOP obstructionism gone haywire: No new Supreme Court justices until the next Republican president?" This editorial appears in today's edition of The Los Angeles Times.

And online at USA Today, Nan Aron has an essay titled "Debating the Supreme Court: The stakes for the Supreme Court are colossal; As many as three seats could be filled in the next president's first term."
Posted at 01:48 PM by Howard Bashman



"Hatch, Lee say they would not back wholesale block of Clinton high court picks": Thomas Burr of The Salt Lake Tribune has this report.

Amber Phillips of The Washington Post has a blog entry titled "John McCain is right: Senate Republicans could block a Clinton Supreme Court nominee indefinitely."

And Cristian Farias of The Huffington Post reports that "Chuck Grassley Says Senate Can't Just 'Stonewall' Clinton's Supreme Court Nominees."
Posted at 01:44 PM by Howard Bashman



"The Daily 202: The Supreme Court will be a focus of tonight's presidential debate." James Hohmann of The Washington Post has this report.
Posted at 01:09 PM by Howard Bashman


"Ruth Bader Ginsburg Versus Colin Kaepernick": Law professor Michael C. Dorf has this essay online today at Justia's "Verdict."

Also today, at his "Dorf on Law" blog, professor Dorf has a post titled "Colin Kaepernick and the Meaning of Patriotism."
Posted at 10:48 AM by Howard Bashman



"Supreme Court Recusals": Law professor Charles Fried had this letter to the editor in Monday's edition of The New York Times.
Posted at 08:57 AM by Howard Bashman


"The Case for Shrinking the Supreme Court; Congress should strike a blow against judicial activism and for political comity by reducing the size of the Court": Law professor Michael Stokes Paulsen has this essay online today at National Review.
Posted at 08:54 AM by Howard Bashman


"Republican Party Divided Over Trump Shows Unity on Supreme Court": Steven T. Dennis of Bloomberg News has this report.
Posted at 08:47 AM by Howard Bashman


"Constitution Check: Could the Supreme Court handle a long-term vacancy?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:44 AM by Howard Bashman


Tuesday, October 18, 2016

"Timeout called in Redskins name case": Ian Shapira of The Washington Post has this report.
Posted at 08:47 PM by Howard Bashman


"The Supreme Court Questions Trump and Clinton Haven't Answered Yet: The high court is one of six topics for the final presidential debate, where nominees may be asked about gun rights and gay marriage." Greg Stohr of Bloomberg News has this report.
Posted at 02:48 PM by Howard Bashman


"State Judge: Congress trusts the public to handle assault rifles." Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:44 PM by Howard Bashman


"Appeals court rules against Beale sweeps": Jody Callahan of The Memphis Commercial Appeal has this report.

And The Associated Press reports that "Appeals court upholds ruling against Beale Street sweeps."

You can access yesterday'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 01:18 PM by Howard Bashman



"Law-Enforcement Legends Team Up in Death-Penalty Fight": Jess Bravin has this post at WSJ.com's "Law Blog."
Posted at 10:44 AM by Howard Bashman


"At U lecture, Justice Sotomayor decries ugly political climate; The Supreme Court's Sonia Sotomayor delivered the Stein Lecture at the U." Miguel Otarola of The Minneapolis Star Tribune has this report.

Josh Verges of The Pioneer Press of St. Paul, Minnesota reports that "At UMN, Sotomayor addresses Scalia, Perry Mason -- and Trump, sort of."

And The Associated Press has a report headlined "Sotomayor: US Supreme Court still feeling loss of Scalia."
Posted at 10:42 AM by Howard Bashman



"The Government's Addiction to 'Secret Law'": Elizabeth Goitein has this op-ed in today's edition of The New York Times.
Posted at 10:28 AM by Howard Bashman


"William Baude, 'An Introduction to the Federalist Society'": The University of Chicago Law School has posted this audio at SoundCloud.
Posted at 10:25 AM by Howard Bashman


"Abortion And The 2016 Election": Law professor Geoffrey R. Stone has this essay online at The Huffington Post.
Posted at 10:22 AM by Howard Bashman


"GOP will block Clinton court nominees, McCain says": William V. Theobald has this front page article in today's edition of The Arizona Republic.

And Mike DeBonis and Paul Kane of The Washington Post report that "Supreme Court is an issue again after McCain suggests Clinton blockade."
Posted at 10:18 AM by Howard Bashman



"For a rare moment at the Supreme Court, the genders were on equal footing": Robert Barnes of The Washington Post has this report.
Posted at 10:10 AM by Howard Bashman


"Prominent Conservative Legal Minds Reject SCOTUS Argument for Trump": Adam J. White has this post at The Weekly Standard.

Robert Barnes of The Washington Post reports that "Conservative 'originalists' letter calls Trump 'indifferent or hostile' to the Constitution."

And Cristian Farias of The Huffington Post reports that "Some Of Justice Scalia's Biggest Fans Declare Donald Trump 'Uniquely Unsuited' To Be President; They don't trust him to uphold the Constitution at all."

You can read the open letter at a blog titled "Originalists Against Trump."
Posted at 08:37 AM by Howard Bashman



"Dissents from Denial of Cert (2010-2015)": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 08:30 AM by Howard Bashman


Monday, October 17, 2016

"Sigfredo Garcia trial pushed back": Sean Rossman of The Tallahassee Democrat has an article that begins, "Sigfredo Garcia, one of three people charged in the 2014 murder of Florida State law professor Dan Markel, had his trial date pushed back earlier today. Garcia was set to go to trial Nov. 14. His next court date will now be Dec. 6."
Posted at 05:23 PM by Howard Bashman


"Republicans May Block All Supreme Court Nominees Of A President Clinton, McCain Says; So much for letting the people and the next president decide": Cristian Farias of The Huffington Post has this report.

Steve Benen of msnbc.com reports that "John McCain points to indefinite Supreme Court blockade."

Chris Massie of CNN.com has a report headlined "John McCain: 'I don't know' if Trump will be better for Supreme Court than Clinton."

Allegra Kirkland of TPM has a report headlined "McCain Changes Tack On SCOTUS: 'Of Course' He'll Vote On HRC's Nominee."

And Ian Millhiser of ThinkProgress has an essay titled "John McCain: Republicans will block anyone Clinton names to the Supreme Court; The cat is out of the bag."
Posted at 04:22 PM by Howard Bashman



"OT2016 #3: 'Dumb and Disrespectful.'" You can access the newly posted third episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 04:15 PM by Howard Bashman


"How a Hillary Clinton Presidency Would Affect the Supreme Court: Conservatives would suffer losses, but the notion that she would permanently vanquish originalism doesn't withstand scrutiny." Conor Friedersdorf has this essay online today at The Atlantic.
Posted at 04:12 PM by Howard Bashman


"An Agent Shot a Boy Across the U.S. Border. Can His Parents Sue?" Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:14 AM by Howard Bashman


"Safeguard Needed for Racism in Jury Room": Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 09:38 AM by Howard Bashman


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

Justice Sonia Sotomayor issued a dissent, in which Justice Ruth Bader Ginsburg joined, from the denial of certiorari in Elmore v. Holbrook, No 15-7848.
Posted at 09:32 AM by Howard Bashman



"As time runs out, dozens of judge nominees waiting on Senate": The Associated Press has this report.
Posted at 09:18 AM by Howard Bashman


Sunday, October 16, 2016

"Fifth Circuit rules on whether scanning the magnetic stripe on a card is a search": Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 08:50 PM by Howard Bashman


"And Now a Word From the White House: Merrick Garland has been waiting seven months for a Senate hearing, but the president's advisers say Obama has no regrets about the nomination." The new installment of Slate's "Amicus" podcast featuring Dahlia Lithwick can be accessed here.
Posted at 08:46 PM by Howard Bashman


"The story behind FSU professor's slaying detailed in new evidence": Rebeca Piccardo had this article in yesterday's edition of The South Florida Sun Sentinel.
Posted at 08:10 PM by Howard Bashman


"Pro-life pregnancy centers must make abortion referrals, 9th Circuit rules": Bradford Richardson of The Washington Times has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued on Friday.
Posted at 07:44 PM by Howard Bashman


"Divided Government is Great so Why not for SCOTUS": Eric Segall has this post today at "Dorf on Law."
Posted at 01:14 PM by Howard Bashman


Saturday, October 15, 2016

"Paul Scalia, son of late Supreme Court Justice, speaks at Red Mass for Tampa judges": Dan Sullivan of The Tampa Bay Times has this report.
Posted at 11:33 PM by Howard Bashman


"How not to pick a Supreme Court justice": This editorial will appear in Sunday's edition of The Washington Post.
Posted at 11:20 PM by Howard Bashman


Friday, October 14, 2016

"Vote 'no' on misleading ballot question raising judges' retirement age": This editorial appeared in Wednesday's edition of The Philadelphia Inquirer.

And Wednesday's edition of The Philadelphia Daily News contained an editorial titled "Vote 'No' on question to raise judges' retirement age."
Posted at 05:40 PM by Howard Bashman



"Wild Horses Couldn't Drag the Government to Act": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 04:22 PM by Howard Bashman


"Ginsburg: Sorry for criticizing Kaepernick anthem protest." Mark Sherman of The Associated Press has this report.
Posted at 03:56 PM by Howard Bashman


"Now a jury must unanimously agree on the death penalty in Florida, Supreme Court rules": Mary Ellen Klas of The Miami Herald has this report.

Rene Stutzman of The Orlando Sentinel has an article headlined "Florida Supreme Court: Florida's current death penalty is unconstitutional."

Arek Sarkissian of The Naples Daily News reports that "Florida court: Jury must unanimously agree on death penalty."

Mark Berman of The Washington Post reports that "Florida Supreme Court says state's new death penalty law is unconstitutional."

The Associated Press has a report headlined "Florida court: Jury must unanimously agree on death penalty."

Cristian Farias of The Huffington Post reports that "Florida's Death Penalty Law Is Ruled Unconstitutional -- Again; The state's supreme court ruled that a jury must be unanimous when imposing a death sentence."

And Chris Geidner of BuzzFeed News reports that "Florida's New Death Sentencing Law Is Unconstitutional, State High Court Rules; Florida Supreme Court rules that the recently passed law is unconstitutional because it allows a non-unanimous decision of the jury -- here, 10 of 12 jurors -- to impose a death sentence."

The Supreme Court of Florida issued related rulings today in two separate death penalty appeals, and you can access the rulings here and here.
Posted at 02:05 PM by Howard Bashman



"Taking down Taney: Process for removing controversial bust clears final hurdle." Nancy Lavin has this front page article in today's edition of The Frederick (Md.) News-Post.

And The Associated Press reports that "Maryland city cleared to remove statue linked to slavery."
Posted at 01:44 PM by Howard Bashman



"A Streamlined Test to Determine Insider Trading": Stephen Fishbein has this post today at the "DealBook" blog of The New York Times.
Posted at 12:05 PM by Howard Bashman


"Why the Supreme Court Matters More to Republicans than Trump: Conservative justices might be the party's final bulwark against a changing electoral landscape." Russell Berman of The Atlantic has this report today.
Posted at 12:03 PM by Howard Bashman


"Race bias in the jury room: what's the solution?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:30 AM by Howard Bashman


"Do Counterterrorism Lawsuits Stand a Chance in Court? A group of non-citizens detained after the 9/11 terrorist attacks claim officials violated their constitutional rights, but the result in the case isn't likely to be in their favor." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 09:28 AM by Howard Bashman


"SCOTUS: The Dangerous Empty Seat; 'The future of the Supreme Court is at stake on Nov. 8.'" Donald Verrilli has this essay online at Time magazine.

In addition, law professor Laurence Tribe has an essay titled "The SCOTUS Vote: Our decisions could reverberate for decades."

And Nan Aron has an essay titled "Vote on Federal Courts: 'The next president will set the character and caliber of scores of appointees.'"
Posted at 09:25 AM by Howard Bashman



"Breaking Down Arguments in Samsung v. Apple": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 09:20 AM by Howard Bashman


Thursday, October 13, 2016

"Mike Lee explains why the GOP will block Garland even if Clinton wins": James Hohmann of The Washington Post has this report.
Posted at 02:56 PM by Howard Bashman


"An independent U.S. agency's independence gets it into trouble": Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.

And at "The Volokh Conspiracy," Stuart Benjamin has a post titled "D.C. Circuit buries Supreme Court precedent."
Posted at 02:44 PM by Howard Bashman



"Paterson council rejects $1.6M deal in US Supreme Court case on campaign sign": Joe Malinconico has this front page article in today's edition of The Record of Hackensack, New Jersey.
Posted at 01:48 PM by Howard Bashman


"The Supreme Court Debates Juror Bias: And Samuel Alito complains about oversensitive PC college students." Mark Joseph Stern has this Supreme Court dispatch online at Slate.
Posted at 01:42 PM by Howard Bashman


"Two years later, few Hobby Lobby copycats emerge": Jennifer Haberkorn of Politico.com has this report.
Posted at 01:20 PM by Howard Bashman


"In major decision, 10th Circuit rules Wyoming can't force BLM to remove wild horses": Arno Rosenfeld of The Caspar Star Tribune has this report.

And Tom McGhee of The Denver Post reports that "Federal appeals court in Denver dismisses lawsuit calling for wild horse roundup in Wyoming; Wyoming sued the BLM, saying it failed to keep wild horses within certain range land."

You can access Tuesday's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 01:15 PM by Howard Bashman



Immigrants categorized as "habitual drunkards" may have rejoiced too soon, as the Ninth Circuit yesterday granted rehearing en banc, vacating recent panel victory: You can access yesterday's order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link.

My earlier coverage of the original divided three-judge Ninth Circuit panel's ruling in the case can be accessed here.
Posted at 12:14 PM by Howard Bashman



"New hope for undocumented immigrants: DAPA might not be dead -- a bold legal strategy could protect millions from deportation; A series of legal end runs may succeed in restoring Obama's protections for millions of undocumented immigrants." Daniel Denvir of Salon.com has this report.
Posted at 12:08 PM by Howard Bashman


Eighth Circuit panel reverses course, ordering that Missouri Department of Corrections need not reveal information regarding use of pentobarbital in executions, including the identity of its anonymous supplier: You can access today's per curiam ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.

Update: In early news coverage, The Associated Press reports that "Court reversal shields Missouri's execution drug provider."
Posted at 12:04 PM by Howard Bashman



"Death sentence overturned for Cleveland man convicted in 1985 murder": Eric Heisig has this front page article in today's edition of The Cleveland Plain Dealer.

And The Associated Press reports that "Appeals court overturns death sentence in 1985 Ohio slaying."

You can access yesterday'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 11:50 AM by Howard Bashman



Duke Law School's Appellate Litigation Clinic wins Third Circuit RFRA appeal on behalf of federal prison inmate: You can access Tuesday's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.

Duke Law previously issued a news release about the case titled "Taylor '16 argues federal appeal in Third Circuit."
Posted at 11:37 AM by Howard Bashman



"Abbott and Costello Heirs Lose Appeal Over Broadway Play's Use of 'Who's on First' Routine; 'Hand of God' producers beat lawsuit -- not because of fair use, but because the heirs haven't demonstrated ownership of a valid copyright": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Second Circuit issued on Tuesday.
Posted at 11:30 AM by Howard Bashman


"Supreme Court deals blow to out-of-state companies on taxes": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 09:50 AM by Howard Bashman


"The D.C. Circuit's gratuitous ruling on CFPB constitutionality": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 09:48 AM by Howard Bashman


"Clinton's vow to push Supreme Court left galvanizes conservatives wary of Trump": S.A. Miller of The Washington Times has this report.
Posted at 08:00 AM by Howard Bashman


"Let's Legislate From the Supreme Court Bench": Linda Greenhouse has this essay online today at The New York Times.
Posted at 07:49 AM by Howard Bashman


Wednesday, October 12, 2016

"Supreme Court justices question big verdict against Samsung for copying Apple's iPhone": David G. Savage of The Los Angeles Times has this report.

And Richard Wolf of USA Today reports that "Justices lean to Samsung in smartphone design dispute with Apple."
Posted at 11:02 PM by Howard Bashman



"Supreme Court Weighs Bias and Secrecy in Jury Deliberations": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court hears case concerning biased comments in jury room."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Weighs Bias Claims in Murder Trial; Justices hear arguments over whether expert witness's racial comments undermined African-American man's sentencing."

And Richard Wolf of USA Today reports that "Justices divided over jury racism, privacy."
Posted at 10:58 PM by Howard Bashman



"Case Accusing Bush Officials of 9/11 Abuses Heads to Supreme Court": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court to consider lawsuit against former attorney general Ashcroft."

Josh Gerstein of Politico.com has a blog post titled "Six-justice SCOTUS could decide cases on post-9/11 detentions."

And at the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Webster Bivens' story -- an update after a half-century."
Posted at 10:54 PM by Howard Bashman



"Supreme Court to decide whether U.S. Border Patrol agent can be sued for shooting Mexican teenager": David G. Savage of The Los Angeles Times has this report.
Posted at 10:50 PM by Howard Bashman


"Divided We Stand: Is obstructionism the new normal?" Tracy Schorn has this article in the October 2016 issue of Washington Lawyer, a publication of the DC Bar.
Posted at 10:12 PM by Howard Bashman


Charlie Rose interviews Justice Ruth Bader Ginsburg: You can view the interview online in two parts: part one and part two.
Posted at 09:52 PM by Howard Bashman


"The Consumer Protection Agency Is Unusual. It's Not Unconstitutional." Law professor Cass R. Sunstein has this essay online at Bloomberg View.

Online at The Los Angeles Times, business columnist Michael Hiltzik has an essay titled "A conservative federal judge takes an overheated slap at the Consumer Financial Protection Bureau."

And at the "Notice & Comment" blog of the Yale Journal on Regulation, Aaron Nielson has a post yesterday titled "D.C. Circuit Review -- Reviewed: A Primer on Today's CFPB Decision."
Posted at 09:48 PM by Howard Bashman



"What a Court Got Wrong About Dreadlocks and Race": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:40 PM by Howard Bashman


"Bloomberg Law: Former Solicitor General Don Verrilli." Donald Verrilli speaks with Greg Stohr and June Grasso in a podcast you can access via this link.
Posted at 09:35 PM by Howard Bashman


"Adelson sighting could 'implicate' Markel's ex": Sean Rossman has this front page article in today's edition of The Tallahassee Democrat. In addition, Rossman has an article headlined "No bond for Katherine Magbanua in Markel killing."

And Karl Etters of The Tallahassee Democrat has articles headlined "Wendi Adelson's attorney questions Rivera's credibility" and "Rivera: 'We were coming up here to kill somebody.'"
Posted at 09:26 PM by Howard Bashman



"Death sentence in doubt?" In today's edition of The Oklahoman, Chris Casteel has a front page article that begins, "The U.S. Supreme Court on Tuesday ordered a new review of the death sentence given to an Oklahoma man convicted of killing a woman and her two children."

Also in today's edition of The Oklahoman, Nolan Clay has a front page article headlined "Some death row inmates have been executed despite same error in their cases; one resentenced to life."
Posted at 09:18 PM by Howard Bashman



"Ruth Bader Ginsburg Was Never Really 'Notorious RBG': Her attacks on Colin Kaepernick dispel that myth once and for all." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 09:00 PM by Howard Bashman


Tuesday, October 11, 2016

"Social Conservatives' Legal Juggernaut": Patrick Gregory of Bloomberg Law has this report.
Posted at 05:12 PM by Howard Bashman


In today's mail: I received a copy of law professor Josh Blackman's new book, "Unraveled: Obamacare, Religious Liberty, and Executive Power." I'm reliably advised that this blog is mentioned at least twice in the book.
Posted at 04:55 PM by Howard Bashman


"What if nature, like corporations, had the rights and protections of a person?" Chip Colwell has this essay online at The Conversation.
Posted at 03:14 PM by Howard Bashman


"Supreme Court divided in juror race-bias dispute": Lawrence Hurley of Reuters has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Pena-Rodriguez v. Colorado, No. 15-606.
Posted at 03:04 PM by Howard Bashman



Access this afternoon's Order List of the U.S. Supreme Court: At this link. The Court granted review in three new cases.
Posted at 02:55 PM by Howard Bashman


"Justices raise doubts about $399M judgment against Samsung": Sam Hananel of The Associated Press has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Samsung Electronics Co. v. Apple Inc., No. 15-777.
Posted at 02:53 PM by Howard Bashman



"Court Gives President More Power Over Consumer Agency Chief": Stacy Cowley of The New York Times has this report.

Brent Kendall and Yuka Hayashi of The Wall Street Journal report that "Appeals Panel Deals Setback to Consumer-Watchdog Agency; Federal three-judge panel rules structure of CFPB is unconstitutional, but rejects idea of shutting down agency."

Dave Boyer of The Washington Times reports that "Court deals setback to Obama on consumer board."

Lisa Lambert and Nate Raymond of Reuters report that "U.S. court rules CFPB structure unconstitutional; bureau can still operate."

Bloomberg News reports that "CFPB Director's Power Trimmed by U.S. Appeals Court Ruling."

The Associated Press has a report headlined "Appeals court: Consumer watchdog structure unconstitutional."

Lorraine Woellert of Politico.com reports that "Court deals blow to 'unconstitutionally structured' Consumer Finance Protection Bureau."

And Daniel Marans of The Huffington Post reports that "Elizabeth Warren's Wall Street Watchdog Ruled Unconstitutional In Current Form; The appeals court decision won't necessarily doom the Consumer Financial Protection Bureau."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 02:46 PM by Howard Bashman



"Taxis reversed: Appeals court rules in favor of Uber." Andy Grimm of The Chicago Sun-Times has this report.

Hal Dardick of The Chicago Tribune has an article headlined "Appellate judge: Taxis and Ubers are dogs and cats when it comes to regulation."

And Bruce Vielmetti of The Milwaukee Journal Sentinel reports that "Milwaukee taxi firms lose in the 7th Circuit."

Last Friday, Circuit Judge Richard A. Posner -- on behalf of the same three-judge panel of the U.S. Court of Appeals for the Seventh Circuit -- issued two unanimous opinions in these cases, one involving Chicago and the other involving Milwaukee.
Posted at 09:54 AM by Howard Bashman



"It is Improper to Consider Extra-Record Claim Construction Evidence On Appeal": Dennis Crouch has this post at "Patently-O."

My earlier coverage of last Friday's en banc Federal Circuit ruling can be accessed here.
Posted at 09:44 AM by Howard Bashman



"The Supreme Court Is Being Hypocritical": Gabe Roth, executive director of Fix the Court, has this op-ed in today's edition of The New York Times.
Posted at 09:40 AM by Howard Bashman


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

In addition, the Court issued a per curiam decision in Bosse v. Oklahoma, No. 15-9173.
Posted at 09:32 AM by Howard Bashman



"Lyn Stuart takes leadership of Ala. state judiciary": Brian Lyman has this front page article in today's edition of The Montgomery Advertiser, along with a front page article headlined "Roy Moore won't talk future plans amid 2018 rumors" and another article headlined "Roy Moore wants justices to step away from his appeal."
Posted at 08:25 AM by Howard Bashman


"U.S. top court to hear Apple-Samsung feud over iPhone designs": Andrew Chung of Reuters has this report.

Brent Kendall of The Wall Street Journal reports that "Apple, Samsung to Argue Patent Case Before Supreme Court; High court to decide if a company can be required to pay all profits on products that infringe a patented design."

Greg Stohr and Susan Decker of Bloomberg News report that "Apple and Samsung Take Design Dispute to Supreme Court."

And Jon Swartz of USA Today reports that "Samsung, Apple headed for Supreme Court showdown."
Posted at 08:20 AM by Howard Bashman



"Justices weigh dispute over racial bias in jury room": Mark Sherman of The Associated Press has this report.
Posted at 08:14 AM by Howard Bashman


Monday, October 10, 2016

"Lessons From Pa.'s Judicial Retirement Age Ballot Fiasco": Tomorrow's edition of The Legal Intelligencer -- Philadelphia's daily newspaper for lawyers -- will contain this new installment of my monthly "Upon Further Review" column.

The essay's editor changed my use of the word "cogently" to "gently," thus adding an unintended aspect of politeness to my appellate column this month.
Posted at 11:39 PM by Howard Bashman



"The Justices' Surprising Support (Or Lack Thereof) for the U.S." Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 10:28 PM by Howard Bashman


"OT2016 #2: 'The Worst Part About Being a Supreme Court Justice.'" You can access the second episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 08:30 PM by Howard Bashman


"A New Era for the Supreme Court: The transformative potential of a shift in even one seat." Lincoln Caplan has this article in the Fall 2016 issue of The American Prospect magazine.
Posted at 08:17 PM by Howard Bashman


"Hillary Clinton Has A Vision For The Supreme Court, And It Looks Like Sonia Sotomayor; Meanwhile, President Barack Obama's nominee to the high court only got a passing mention, and not even by name": Cristian Farias of The Huffington Post has this report.
Posted at 03:50 PM by Howard Bashman


"Subtle Age Discrimination Gets a Court's Blessing": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 03:46 PM by Howard Bashman


"No Dreadlocks for You: Why banning dreads at work isn't racially discriminatory, even if it should be illegal." Law professor Richard Thompson Ford has this jurisprudence essay online today at Slate.
Posted at 03:44 PM by Howard Bashman


"Ruth Bader Ginsburg on Trump, Kaepernick and her lifelong love of the law": Yahoo! News has posted online this Katie Couric interview.
Posted at 03:15 PM by Howard Bashman


Sunday, October 9, 2016

"Ruth Bader Ginsburg: Her view from the bench." Jane Pauley today had this profile of U.S. Supreme Court Justice Ruth Bader Ginsburg on Pauley's inaugural broadcast as host of the CBS News program "Sunday Morning."
Posted at 10:08 AM by Howard Bashman


"How Ruth Bader Ginsburg Found Her Voice: A new study of the Supreme Court Justice's accent says something about the way we all talk." Katy Steinmetz of Time Magazine has this report.
Posted at 09:54 AM by Howard Bashman


Saturday, October 8, 2016

"What Happens If Donald Trump Withdraws? The Electoral College would be the Republicans' Hail Mary." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online today at Slate.
Posted at 03:40 PM by Howard Bashman


"How U.S. Torture Left Legacy of Damaged Minds: Beatings, sleep deprivation, menacing and other brutal tactics have led to persistent mental health problems among detainees held in secret C.I.A. prisons and at Guantanamo." Matt Apuzzo, Sheri Fink, and James Risen will have this article in Sunday's edition of The New York Times.
Posted at 11:25 AM by Howard Bashman


Friday, October 7, 2016

"Supreme Court Refuses To Tell The Senate To Do Its Job, While Merrick Garland Just Waits; It's not really the court's job to intervene in this political fight": Cristian Farias of The Huffington Post has this report.
Posted at 03:39 PM by Howard Bashman


"Lawyers Can Write Shorter, But It'll Cost Them": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 01:03 PM by Howard Bashman


"U.S. court reinstates Apple win over Samsung in patent case": Andrew Chung of Reuters has a report that begins, "A federal appeals court on Friday reinstated a $120 million jury award for Apple Inc against Samsung, in another stunning twist in the fierce patent war between the world's top smartphone manufacturers.

And Susan Decker of Bloomberg News reports that "Apple Wins Appeal Reinstating $119.6 Million Samsung Verdict."

You can access today's en banc ruling of the U.S. Court of Appeals for the Federal Circuit at this link.

The en banc ruling is accompanied by three separate dissenting opinions. Coincidentally, each of the three dissenters were on the original three-judge panel, which reached a result opposite from the one that the remainder of the en banc court reached today. The case was not reargued at the en banc stage, and the majority opinion contains a stinging rebuke of the means that the original three-judge panel used to reverse the district court's judgment in favor of Apple.
Posted at 12:06 PM by Howard Bashman



"'One of the most important Supreme Court Justices ever': Justices, academics dedicate Scalia Law School." Nick Anderson has this entry at the "Grade Point" blog of The Washington Post.

On YouTube, George Mason University has posted a video titled "Elena Kagan Remarks at Antonin Scalia Law School Dedication" (via David Bernstein).
Posted at 11:54 AM by Howard Bashman



"Pa. court won't halt ballot question on judge retirements; another appeal vowed": Angela Couloumbis and Mari A. Schaefer have this article in today's edition of The Philadelphia Inquirer. You can access Wednesday's ruling of the Commonwealth Court of Pennsylvania at this link.

And in related commentary, in today's edition of The Philadelphia Inquirer, Berwood A. Yost has an op-ed titled "Wording matters on Pa.'s judicial ballot question."
Posted at 11:45 AM by Howard Bashman



Thursday, October 6, 2016

"Irreparable Harm: The Supreme Court just heard a case that proves how broken the death penalty is." Law professor Brandon L. Garrett has this jurisprudence essay online today at Slate.
Posted at 09:05 PM by Howard Bashman


"Hurricane Matthew Could Have Devastating Consequences for the Election": Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online at Slate.
Posted at 09:00 PM by Howard Bashman


"Mid-MDL 'Gelboim appeals' are rare, despite N.Y. judge's complaint": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 08:20 PM by Howard Bashman


"Use of death penalty re-examined in the states, at Supreme Court": Carol Zimmermann of Catholic News Service has this report.
Posted at 08:14 PM by Howard Bashman


"Six justices turn out for dedication of Antonin Scalia Law School": Richard Wolf of USA Today has this report.

And Ariane de Vogue of CNN.com reports that "Antonin Scalia law school dedicated in Virginia."
Posted at 03:40 PM by Howard Bashman



"Museum's slight of Clarence Thomas does African American history a disservice": Mark Paoletta has this blog post at The Hill.
Posted at 03:15 PM by Howard Bashman


"Elected Judges Are Less Likely to Support LGBTQ Rights. Also, Judges Should Never Be Elected." Mark Joseph Stern has this essay online today at Slate.
Posted at 03:12 PM by Howard Bashman


"Supreme Court Weighs If Friendly Tips Worth Millions Constitute Insider Trading; How the high court defines the crime could have a big effect on white-collar prosecutions": Cristian Farias of The Huffington Post has this report.
Posted at 03:07 PM by Howard Bashman


"Is there a pause in the political battle over state Supreme Court?" Jack Lessenberry has this essay online at Michigan Public Radio.
Posted at 01:22 PM by Howard Bashman


"Florida Supreme Court judges face merit retention votes Nov. 8": Lloyd Dunkelberger of the News Service of Florida has this report.
Posted at 01:18 PM by Howard Bashman


"A New Day in the Fifth Circuit?" Barry Barnett has this post today at his "The Contingency" blog.
Posted at 10:50 AM by Howard Bashman


"Justices Seem Ready to Find Bias in Trial of Black Man on Texas Death Row": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court hears arguments in two cases raising issues of discrimination, unfair treatment."

David G. Savage of The Los Angeles Times reports that "Supreme Court seems ready to reopen racial bias claims in Texas and Illinois."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Weighs Bias Claims in Murder Trial; Justices hear arguments over whether expert witness's racial comments undermined African-American man's sentencing."

Richard Wolf of USA Today reports that "Justices see racism in inmate's death sentence."

Kevin Diaz of The Houston Chronicle reports that "Supreme Court looks at race in Houston death penalty case."

Ariane de Vogue of CNN.com reports that "Justices skeptical of testimony black man more dangerous because of his race."

Cristian Farias of The Huffington Post reports that "Supreme Court May Side With Inmate Who Was Sentenced To Death Because He Is Black; Duane Buck wants to be able to show that his lawyer provided ineffective assistance of counsel."

Chris McDaniel and Chris Geidner of BuzzFeed News report that "Supreme Court Poised To Side With Death Row Inmate In Case With Racist Testimony; Duane Buck was sentenced to death after his own expert said he was more dangerous because he was black; The justices agreed it was 'indefensible' -- but debated the larger effects of the case on Wednesday."

Jolie McCullough of The Texas Tribune reports that "U.S. Supreme Court Seems Receptive to Death Case Appeal."

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Reviews Racial Discrimination In Texas Death Penalty Case."
Posted at 10:46 AM by Howard Bashman



"New Court Dynamics With A New Term of Oral Arguments": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 10:30 AM by Howard Bashman


"Supreme Court appears hesitant to curtail insider trading prosecutions": David G. Savage of The Los Angeles Times has this report.

Richard Wolf of USA Today reports that "Supreme Court seeks to clarify insider trading."

Aruna Viswanatha of The Wall Street Journal reports that "Supreme Court Appears Skeptical of Radically Altering Insider-Trading Rules; Court heard arguments in case asking whether insider trading occurs if original tipster doesn't benefit."

In today's edition of The New York Times, Ben Protess and Matthew Goldstein have an article headlined "What Is a 'Personal Benefit' From Insider Trading? Justices Hear Arguments." In addition, today's newspaper contains an editorial titled "The Supreme Court Revisits Insider Trading."

In today's edition of The Washington Post, Renae Merle has an article headlined "Is it insider trading to share corporate information with a relative? Supreme Court hears arguments."

And in commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled "There's Brotherly Love, and Then There's Insider Trading."
Posted at 10:18 AM by Howard Bashman



"Court sides with Valencia College students in ultrasound dispute; The plaintiffs quit the Orlando state college's sonography program because instructors had students perform what are known as 'transvaginal ultrasounds' on each other": Jim Saunders of The News Service of Florida has this report.

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



Wednesday, October 5, 2016

"Analysis: With only eight, caution is the norm." Lyle Denniston has this blog post today.
Posted at 10:55 PM by Howard Bashman


"Justice Stephen Breyer in Conversation with Charlie Rose": The 92nd Street Y in New York City hosted this event earlier this evening.

You can view the video online, on-demand, via this link.
Posted at 10:52 PM by Howard Bashman



"Big Tobacco Age-Bias Case Heads to Full 11th Circuit": Rose Bouboushian of Courthouse News Service had this report back in February 2016.

Today, the en banc U.S. Court of Appeals for the Eleventh Circuit issued this ruling in the case.

In coverage of the earlier, now-vacated, ruling of a divided three-judge Eleventh Circuit panel in the case, Richard Craver of The Winston-Salem Journal reported that "Federal appeals court revives age-discrimination complaint against Reynolds."
Posted at 10:25 PM by Howard Bashman



"Former Pittsburgh attorney can proceed with lawsuit over fed communications monitoring, court rules": Brian Bowling of The Pittsburgh Tribune-Review has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 09:52 PM by Howard Bashman


"U.S. Supreme Court weighs Texas death row inmate's race claim": Lawrence Hurley of Reuters has this report.

And The Associated Press reports that "Black Texas inmate seems likely to win at Supreme Court."
Posted at 01:30 PM by Howard Bashman



"High Court Justices Voice Support for Insider-Trading Cases": Greg Stohr of Bloomberg News has this report.

Nate Raymond of Reuters reports that "U.S. top court leans toward making insider trading prosecutions easier."

And Sam Hananel of The Associated Press reports that "Justices seem wary of limiting insider trading prosecutions."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Salman v. United States, No. 15-628.
Posted at 01:25 PM by Howard Bashman



"Prosecutor: Plea deal a 'necessary evil' in Markel case." Karl Etters has this front page article in today's edition of The Tallahassee Democrat.

And Sean Rossman of The Tallahasee Democrat reports that "Markel's friends eager for next turn in case."
Posted at 12:58 PM by Howard Bashman



"Lawsuit alleges forced vaginal probes for Valencia students": Paul Brinkmann of The Orlando Sentinel had this article back in May 2015.

And in April 2016, Brinkmann had a follow-up article headlined "Valencia ultrasound case becomes lightning rod on campus free speech."

Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit -- in an opinion written by Circuit Judge William H. Pryor, Jr. -- issued this decision reversing a federal district court's dismissal of the lawsuit.
Posted at 10:20 AM by Howard Bashman



"Supreme Court Case to Test Prosecution of Insider Trading": R. Foster Winans has this post online at The New York Times.
Posted at 08:53 AM by Howard Bashman


"Texas Death Row Appeal Hinges on Racial Testimony": Jolie McCullough of The Texas Tribune has this report.

The Associated Press reports that "Texas inmate argues death sentence racially tainted."

On today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment titled "Supreme Court To Hear Death Penalty Case Based On Racially Tainted Testimony."

And Stephanie Mencimer of Mother Jones has an article headlined "A Black Woman Is Arguing a Big Supreme Court Case Today: That Shouldn't Be Unusual; But It Is; Christina Swarns will take on a racially charged death penalty case."
Posted at 08:50 AM by Howard Bashman



"In tirade at Fargo meeting, N.D. Supreme Court candidate challenges opponent: 'Let's get it on.'" Mike Nowatzki of The Forum of Fargo, North Dakota has this report.
Posted at 08:40 AM by Howard Bashman


Tuesday, October 4, 2016

"Supreme Court Name-Checks Kim Kardashian While Trying To Define A Legal Term; The reality star's robbery came up during oral arguments in a bank fraud case": Cristian Farias of The Huffington Post has this report.

And Chris Geidner of BuzzFeed News has an article headlined "Yes, A Supreme Court Justice Discussed Kim Kardashian's Robbery In Court."
Posted at 11:14 PM by Howard Bashman



"Supreme Court opens with a complicated case of double jeopardy": Robert Barnes of The Washington Post has this report.

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Hears First Round Of Arguments In New Term."
Posted at 11:10 PM by Howard Bashman



"Supreme Court Advocates Verrilli & Clement Join Big Law Firms": Bloomberg Law has this podcast featuring Greg Stohr.
Posted at 11:06 PM by Howard Bashman


"Supreme Court starts new term with more questions than answers": Ariane de Vogue of CNN.com has this report.
Posted at 10:54 PM by Howard Bashman


"Should Racism in the Jury Room Lead to a New Trial? The Supreme Court will hear the case of a Latino man convicted after racist sentiments were allegedly expressed during deliberations, but longstanding rules about juries would prevent him from getting a new day in court." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 10:08 PM by Howard Bashman


"On 'The Troublesome Use of Photographs . . . and Other Images' in Federal Court Opinions": Paul Horwitz has this post today at "PrawfsBlawg."
Posted at 10:05 PM by Howard Bashman


"Don Verrilli, Former Solicitor General, Predicts How the Supreme Court Might Impact Entertainment; After leaving the Obama Admistration to join Munger, Tolles & Olson, the attorney discusses the move": Eriq Gardner has this post today at the "THR, Esq." blog of The Hollywood Reporter.
Posted at 09:48 PM by Howard Bashman


"Fruitful Arguments in Supreme Court Puerto Rico Bribery Case": Jess Bravin has this post today at WSJ.com's "Law Blog."
Posted at 08:56 PM by Howard Bashman


"Donald Trump Would Have Trouble Winning a Suit Over The Times's Tax Article": Adam Liptak will have this article in Wednesday's edition of The New York Times.

And Cristian Farias of The Huffington Post has an article headlined "If Donald Trump Sues The Times Over His Tax Returns, He'll Probably Lose Badly; First Amendment experts overwhelmingly say the businessman almost stands no chance in court."
Posted at 08:44 PM by Howard Bashman



"Markel suspect Rivera avoids trial, agrees to plea deal": Karl Etters of The Tallahassee Democrat has an article that begins, "Luis Rivera will spend an additional seven years in prison in exchange for providing key information in the killing of Florida State law professor Dan Markel. It was the break prosecutors say they needed in the high-profile murder case that seemed stalled weeks before trial."

ABC News reports that "Accused Hitman in FSU Murder Case Now Cooperating With Authorities."

The Canadian Press reports that "Man pleads guilty in Florida shooting death of Canadian law professor."

And at "Above the Law," David Lat has a post titled "The Dan Markel Case: Luis Rivera Pleads Guilty."
Posted at 08:20 PM by Howard Bashman



"The Unexpected Importance of Clarence Thomas: Long overshadowed by Scalia, the quiet radical is poised to shape his legacy." Law professor Richard Primus has this essay online at Politico Magazine.
Posted at 06:02 PM by Howard Bashman


"U.S. justices skeptical of Puerto Rican politician's bribery appeal": Lawrence Hurley of Reuters has this report.
Posted at 06:00 PM by Howard Bashman


"High Court Term Opens With, Yes, a Nod to Kim Kardashian": Jess Bravin of The Wall Street Journal has this report.
Posted at 05:57 PM by Howard Bashman


"Alabama Chief Justice Roy Moore has filed appeal of his suspension": Kent Faulk of The Birmingham News has this report.
Posted at 05:54 PM by Howard Bashman


"En banc 5th Circuit asks: Why do people buy into pyramid schemes?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 04:45 PM by Howard Bashman


"Alabama chief justice begins appeal of ethics conviction": The Associated Press has this report.
Posted at 04:32 PM by Howard Bashman


"Justices hear argument over bribery charges in Puerto Rico": The Associated Press has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Bravo-Fernandez v. United States, No. 15-537.
Posted at 02:18 PM by Howard Bashman



"Republican Obstruction Is Undermining The Supreme Court, Enough Is Enough": President Barack Obama has this essay today at The Huffington Post.
Posted at 01:45 PM by Howard Bashman


"The state's highest court just made a major ruling on parental rights": John R. Ellement of The Boston Globe has an article that begins, "A woman can seek parental rights to the child her former same-sex partner conceived through artificial insemination, even though the two women had never married, the state's highest court ruled Tuesday in a groundbreaking decision."

And The Associated Press reports that "Court grants full parental rights to unmarried gay woman."

You can access today's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 11:32 AM by Howard Bashman



"Oklahoma Supreme Court tosses another abortion law": Barbara Hoberock of The Tulsa World has this report.

And The Associated Press reports that "Oklahoma Supreme Court invalidates law restricting abortion."
Posted at 11:25 AM by Howard Bashman



"Appeals court rules in union, Mercedes-Benz leaflet dispute": The Associated Press has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.
Posted at 10:54 AM by Howard Bashman


"Constitution Check: Why does the Supreme Court refuse to hear some big cases?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:45 AM by Howard Bashman


"Still Down A Justice, Supreme Court Term Is Off To A Restrained Start": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 10:42 AM by Howard Bashman


"Supreme Court, like the country, struggles with race": Joan Biskupic of CNN.com has this report.
Posted at 10:40 AM by Howard Bashman


"Judges Push Brevity in Briefs, and Get a Torrent of Arguments": Elizabeth Olson has this article in today's edition of The New York Times.

As of the time of this posting, the newspaper has corrected one error in the article, noting that Anthony M. Kennedy is technically not the Chief Justice. However, the article still contains an even greater oversight, stating that the new FRAP briefing word limits will only shorten the permissible maximum length of principal appellate briefs by 500 words, when in fact the reduction will be 1,000 words.

Update: As of 1:45 p.m. eastern time, the article has been corrected to note that the impending FRAP principal appellate brief word limit reduction will be 1,000 words, not 500 words.
Posted at 10:30 AM by Howard Bashman



"Court rejects challenge to Detroit bankruptcy pension cuts": The Associated Press has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued yesterday.
Posted at 08:26 AM by Howard Bashman


"The Supreme Court Will Hear Its First Insider-Trading Case in 20 Years": Greg Stohr and Patricia Hurtado of Bloomberg News have this report.
Posted at 08:07 AM by Howard Bashman


Monday, October 3, 2016

"Appeals court rules against Indiana Gov. Mike Pence in Syrian refugee case": Stephanie Wang of The Indianapolis Star has this report.

Stephen Dinan of The Washington Times reports that "Court rebukes Mike Pence, rules states must accept Syrian refugees."

The Associated Press reports that "Appeals court upholds order against Pence on Syrian refugees."

Reuters reports that "U.S. appeals court sides against Pence in Syrian refugee case."

Ariane de Vogue of CNN.com reports that "Federal court blasts Pence on Syrian refugees."

Josh Gerstein of Politico.com reports that "Court rejects Pence's rebuff of Syrian refugees; The 7th Circuit says the GOP veep nominee's stance is based on 'nightmare speculation.'"

Chris Geidner of BuzzFeed News reports that "Federal Appeals Court Slams Mike Pence For Syrian Refugee Opposition."

And Elise Foley and Cristian Farias of The Huffington Post report that "Mike Pence Can't Bar Syrian Refugees Based On 'Nightmare Speculation,' Court Rules; The ruling was joined by Diane Sykes, one of the judges on Donald Trump's short list for the Supreme Court."

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



"U.S. Supreme Court to weigh unclaimed property dispute; Nation's top court opens 2016 term Monday by agreeing to hear a case that could take a bite out of Delaware's budget": Jessica Masulli Reyes of The News Journal of Wilmington, Delaware has this report.

And The Associated Press reports that "Justices to referee states' dispute over uncashed checks."
Posted at 11:18 PM by Howard Bashman



Lawrence Hurley of Reuters is reporting: Today, Hurley has articles headlined "U.S. Supreme Court begins new term, still shorthanded"; "U.S. top court denies Obama request to rehear major immigration case"; "U.S. justices refuse to hear college athlete compensation cases"; "U.S. top court refuses to hear Redskins trademark appeal"; "U.S. top court rejects bid to revive Wisconsin governor probe"; and "Supreme Court rejects Taser excessive force case."

In addition, Hurley appeared on this morning's broadcast of C-SPAN's "Washington Journal" in a segment titled "Opening Day of New Supreme Court Term."
Posted at 11:04 PM by Howard Bashman



"Judge Posner vs. Professor Dorf on Legal Writing": David Ziff has this post today at his "Ziff Blog."
Posted at 10:50 PM by Howard Bashman


"Justice Breyer talks trust, rule of law": The Yale Daily News has this report.
Posted at 10:24 PM by Howard Bashman


"Supreme Court Begins Term With Crime and Punishment": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 10:22 PM by Howard Bashman


"Reframing the Confirmation Debate": Adam Feldman has this essay online at the University of Pennsylvania Law Review.
Posted at 10:15 PM by Howard Bashman


"High Court Rebuffs Obama, Won't Revisit Stalled Immigration Plan": Greg Stohr of Bloomberg News has this report, along with an article headlined "NCAA Athlete Pay Dispute Sidestepped by U.S. Supreme Court."
Posted at 10:14 PM by Howard Bashman


"Court won't rehear immigration case, Redskins case denied": Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:06 PM by Howard Bashman


"Starting Lineups: SCOTUS Attorneys and Firms of Record at the Beginning of OT 2016." Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 10:03 PM by Howard Bashman


"Merrick Garland's Lonely Road to Purgatory: The outrage over the obstruction of the Supreme Court nominee has cooled, leaving him to wander largely unnoticed in the Capitol in hopes that a lame-duck session will bring him deliverance." Matt Laslo of The Daily Beast has this report.
Posted at 09:28 PM by Howard Bashman


"Op-Doc: Supreme Court v. the American Voter; This year's election will be the first in over 50 years without the full protection of the Voting Rights Act." The New York Times has posted this video online.
Posted at 09:20 PM by Howard Bashman


"OT2016 #1: 'The Satisfaction of Giving a Gift.'" You can access the inaugural episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 02:54 PM by Howard Bashman


"Scalia's absence haunts Supreme Court's new term": Richard Wolf of USA Today has this report.
Posted at 02:00 PM by Howard Bashman


"Supreme Court Rejects Plea to Reconsider Obama's Immigration Plan": Adam Liptak of The New York Times has this report, along with articles headlined "Supreme Court Declines to Consider N.C.A.A. Rules on Paying Athletes" and "Supreme Court Won't Rule on Wisconsin Campaign Finance Case."

Robert Barnes of The Washington Post reports that "Supreme Court declines to hear immigration and Redskins cases."

Richard Wolf of USA Today reports that "Supreme Court refuses to rehear immigration case."

And Brent Kendall of The Wall Street Journal reports that "U.S. Supreme Court Won't Review Appeals on Pay for College Athletes; High court turns away appeals by NCAA and group of basketball and football players."
Posted at 01:54 PM by Howard Bashman



"2016 Term Preview: Reflections on the thin gruel of a docket crafted in large part to avoid 4-4 ties; Plus, a conversation with the latest judge to be personally insulted by Donald Trump." Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 01:35 PM by Howard Bashman


"Ruth Bader Ginsburg, in her 'Own Words'": Richard Wolf of USA Today has this book review.
Posted at 01:32 PM by Howard Bashman


"Judges Who Are Elected Like Politicians Tend to Act Like Them": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:26 PM by Howard Bashman


"What 2,000 cases show about Tennessee's death penalty": Stacey Barchenger of The Tennessean has this report.
Posted at 01:18 PM by Howard Bashman


"McKee's early end to Third Circuit chief judgeship: collegiality over partisanship?" Matthew Stiegler has this post today at his "CA3blog."
Posted at 01:14 PM by Howard Bashman


"High Court Opens New Term With Low Profile": Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 01:08 PM by Howard Bashman


"Fighting Words: Why Ruth Bader Ginsburg is speaking out -- and what it means for the battles ahead." Elaine Showalter has this article online at The New Republic.
Posted at 11:36 AM by Howard Bashman


"A Crippled Supreme Court's New Term": This editorial appears in today's edition of The New York Times.
Posted at 10:20 AM by Howard Bashman


"Police: Magbanua was 'conduit' in Markel slaying." Sean Rossman has this front page article in today's edition of The Tallahassee Democrat.
Posted at 10:10 AM by Howard Bashman


"Smith takes on new role; City man has been a federal judge since 1988": Kay Stephens of The Altoona Mirror recently had an article that begins, "An Altoona man who has sat on the 3rd Circuit U.S. Court of Appeals since 2002 will take on the role of chief judge starting Oct. 1. Judge D. Brooks Smith will succeed Chief Judge Theodore A. McKee of Philadelphia, who is stepping down from the post but remaining on the court as an appeals judge."

And Penn State News recently reported that "Adjunct professor, alumnus appointed chief judge of 3rd U.S. Circuit Court."
Posted at 10:03 AM by Howard Bashman



"Powerful appeals court gets its first black chief judge": The Associated Press has a report that begins, "For Roger Gregory, serving as the first African-American chief judge of the 4th U.S. Circuit Court of Appeals in Richmond takes on even greater meaning when he thinks of who else has walked the halls of the building he now oversees."
Posted at 09:56 AM by Howard Bashman


"Tim Kaine's Long, Conflicted History With The Death Penalty": Chris Geidner of BuzzFeed News has this report.
Posted at 09:54 AM by Howard Bashman


"Supreme Court of Canada heads into challenging fall session": Sean Fine of The Toronto Globe and Mail has this report, along with an article headlined "Canada's bench strength: Meet the judges, new and old, of the Supreme Court."
Posted at 09:52 AM by Howard Bashman


"No, Ruth Bader Ginsburg Does Not Intend To Retire Anytime Soon": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:48 AM by Howard Bashman


"Justice Ginsburg rides celebrity wave, releases anthology": Jessica Gresko of The Associated Press has this report.
Posted at 09:42 AM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases, but the Court did call for the views of the Solicitor General's office in six cases.
Posted at 09:32 AM by Howard Bashman


Sunday, October 2, 2016

"Ruth Bader Ginsburg's Advice for Living": Justice Ruth Bader Ginsburg has this op-ed in the Sunday Review section of today's edition of The New York Times.
Posted at 10:50 PM by Howard Bashman


"Supreme Court Aims for a Boring Term": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 09:32 PM by Howard Bashman


"AL Supreme Court upholds death penalty sentencing scheme": Kelsey Davis of The Montgomery Advertiser has this report.

And Chris McDaniel and Chris Geidner of BuzzFeed News report that "Alabama Supreme Court Upholds State's Death Penalty Law; Months after the U.S. Supreme Court struck down a similar death penalty sentencing system, the Alabama Supreme Court ruled unanimously that its own system is still constitutional."

You can access Friday's ruling of the Supreme Court of Alabama at this link.
Posted at 09:28 PM by Howard Bashman



"What to look for in the new Supreme Court term": Law professor Erwin Chemerinsky has this post online at ABA Journal.
Posted at 09:20 PM by Howard Bashman


"The New Supreme Court Term: Cheerleading Uniforms, Bad Banks, and a Little Girl and Her Dog; 'There are plenty of boring, important cases out there.'" Stephanie Mencimer of Mother Jones has this report.
Posted at 09:14 PM by Howard Bashman


"The Supreme Court's docket is pretty sleepy -- and that's a good thing": Mike Sacks has this essay online at The Los Angeles Times.
Posted at 09:12 PM by Howard Bashman


"Supreme Court cautious on new cases as term begins under cloud of vacancy politics": Bill Mears of FoxNews.com has this report.
Posted at 09:08 PM by Howard Bashman


"U.S. Supreme Court to weigh reach of insider trading law": Nate Raymond of Reuters has this report.
Posted at 08:42 PM by Howard Bashman


"Suspected link in Markel killing charged with murder": Karl Etters has this front page article in today's edition of The Tallahassee Democrat.

And Sean Rossman of The Tallahssee Democrat has an article headlined "Documents: Police make case for Magbanua's arrest."
Posted at 08:40 PM by Howard Bashman



"What's next for suspended Chief Justice Roy Moore and the Alabama Supreme Court?" Kent Faulk of The Birmingham News has this report.
Posted at 08:32 PM by Howard Bashman


"Supreme Court to begin new term short-handed as its ideological balance hinges on fall vote": Robert Barnes has this front page article in today's edition of The Washington Post.

David G. Savage of The Los Angeles Times reports that "Divided Supreme Court opens new term that could bring historic shift."

Richard Wolf of USA Today reports that "Supreme Court faces historic transformation after election."

Michael Doyle of McClatchyDC has an article headlined "What's a shorthanded Supreme Court likely to do in its new term? Maybe nothing."

Mark Sherman of The Associated Press reports that "Supreme Court in holding pattern, awaiting ninth justice."

And at the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "With one seat vacant, the Supreme Court returns."
Posted at 11:15 AM by Howard Bashman



Saturday, October 1, 2016

"Extremist Imam Tests F.B.I. and the Limits of the Law": Scott Shane and Adam Goldman have this front page article in today's edition of The New York Times.
Posted at 04:10 PM by Howard Bashman


"How an Old Hacking Law Hampers the Fight Against Online Discrimination": E. Tammy Kim has this post online today at The New Yorker.
Posted at 01:45 PM by Howard Bashman


"GOP Admits Obama Judge Count Is More Important Than Fixing Judicial Crises; Republican senators are damaging an entire branch of government, and hiding behind a bogus statistic": Michael McAuliff and Jennifer Bendery of The Huffington Post have this report.
Posted at 01:30 PM by Howard Bashman


"Secret Money Floods Judicial Elections: Unlimited, undisclosed spending is playing an ever-greater role in state supreme court races, undermining the fairness of the courts and putting judges at risk of conflicts of interest." Dorothy Samuels and Alicia Bannon have this article online at The American Prospect.
Posted at 11:20 AM by Howard Bashman


"Supreme Court Faces Volatile, Even if Not Blockbuster, Docket": Adam Liptak will have this article in Sunday's edition of The New York Times.
Posted at 11:14 AM by Howard Bashman






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