How Appealing

Saturday, December 31, 2016

Access Chief Justice John G. Roberts, Jr.'s 2016 Year-End Report on the Federal Judiciary: At this link.

In news coverage, Adam Liptak of The New York Times reports that "Chief Justice Salutes Trial Judges for Tackling 'Daunting Workload.'"

Robert Barnes of The Washington Post reports that "Roberts steers clear of controversy, praises district judges in year-end report."

Jess Bravin of The Wall Street Journal reports that "Chief Justice John Roberts Praises Federal District Judges in Annual Report; Comments from nation's highest jurist cap year featuring Donald Trump's baseless attacks on judge, death of Justice Antonin Scalia."

And Ariane de Vogue of CNN.com reports that "Roberts praises lower court judges in annual SCOTUS report."
Posted at 08:35 PM by Howard Bashman



"The Growing Gap Between the U.S. and the International Anti-Death-Penalty Consensus": Lincoln Caplan has this post online today at The New Yorker.
Posted at 04:52 PM by Howard Bashman


"Will SCOTUS Finally Pick Up the PACER?" Richard M. Re has this post at "PrawfsBlawg."
Posted at 04:48 PM by Howard Bashman


"Kellyanne Conway's Husband Could Become Donald Trump's Top Supreme Court Lawyer; The solicitor general is the country's top appellate attorney": Cristian Farias of The Huffington Post has this report.

And Josh Blackman has a blog post titled "George Conway for Solicitor General?"
Posted at 04:38 PM by Howard Bashman



"Will 'Funny Brief' Backfire at Supreme Court?" Tony Mauro of The National Law Journal has this report.
Posted at 03:50 PM by Howard Bashman


"Job No. 1 for a New Congress? Undoing Obama's Health Law." Robert Pear will have this article in Sunday's edition of The New York Times.
Posted at 03:26 PM by Howard Bashman


Friday, December 30, 2016

"Kennedy Cousin Michael Skakel's Murder Conviction Reinstated": Matthew Kauffman and Dave Altimari of The Hartford Courant have this report.

And Alan Feuer and Kristin Hussey of The New York Times report that "Michael Skakel's Murder Conviction Has Been Reinstated."

Today's ruling of the Supreme Court of Connecticut consists of a majority opinion, an opinion concurring in part and dissenting in part, and a dissenting opinion.
Posted at 08:47 PM by Howard Bashman



"Trump Said to Consider Aide Conway's Husband for Top Legal Job": Benjamin Bain and Jennifer Jacobs of Bloomberg News have an article that begins, "President-elect Donald Trump is considering George Conway, a long-time corporate lawyer and the husband of senior adviser Kellyanne Conway, to be U.S. solicitor general, the government top appellate lawyer, according to two people familiar with the matter."
Posted at 05:46 PM by Howard Bashman


"Fourth Circuit Proves Infertile Ground for Heller Expansion": Stuart Berman has this guest post at the "Maryland Appellate Blog."
Posted at 11:00 AM by Howard Bashman


"OT2016 #9: 'What's Not on That February Calendar.'" You can access the newly posted holiday bonus episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 10:58 AM by Howard Bashman


Thursday, December 29, 2016

"Retiring justice grew up under Jim Crow. Now he sees 'criminalizing of black faces.'" Mary Ellen Klas of The Miami Herald has this report.
Posted at 11:30 PM by Howard Bashman


"Arizona justices turn down bid to delay minimum-wage increase approved by voters": Howard Fischer of The Arizona Daily Star has this report.

And Mary Jo Pitzl of The Arizona Republic has an article headlined "Court: Arizona's new minimum wage takes effect Sunday."
Posted at 11:24 PM by Howard Bashman



"Reflections Of Conservative Icon Supreme Court Justice Antonin Scalia": This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 11:18 PM by Howard Bashman


"Proposal Seeks to Reverse Ban on Citing Nonprecedential Opinions": Max Mitchell of The Legal Intelligencer has an article that begins, "The Pennsylvania Supreme Court's appellate rules committee has proposed a rule that would allow practitioners to cite nonprecedential decisions from the Superior Court."

You can view the proposed rule and its explanatory comment at this link.
Posted at 10:58 PM by Howard Bashman



"Could Rafael Robb stay in prison? Judge suggests ex-Penn prof lied about assets." In last Wednesday's edition of The Philadelphia Inquirer, Laura McCrystal had an article that begins, "For years, Ellen Gregory Robb's relatives have battled to keep her ex-husband behind bars, convinced that the 10-year term Rafael Robb got for fatally beating her in the couple's Upper Merion home was too lenient."

As the article proceeded to explain, "[A] lawsuit brought by his wife's estate led to an order that Robb pay $128 million, with payments going to the couple's daughter, who was 12 when her mother died. Robb claimed wealth of about $3 million but the funds remain tied up as he asks Superior Court to overturn a judge's decision that his $2.8 million in pension funds could not be shielded from the judgment."

In my role as appellate counsel representing the wife's estate as plaintiff-appellee, I briefed and orally argued against Robb's appeal, pending in the Superior Court of Pennsylvania. Today, a unanimous three-judge panel of the Superior Court issued a judgment order dismissing Robb's appeal as improper, which is precisely the outcome my client sought in the Brief for Plaintiff/Appellee that I filed on the estate's behalf.
Posted at 03:38 PM by Howard Bashman



"Man in motorizied wheelchair convicted of DUII, Oregon Court of Appeals reverses": Aimee Green of The Oregonian has this report.

And The Associated Press reports that "Oregon court reverses DUI conviction of wheelchair user."

According to today's ruling of the Oregon Court of Appeals:

[Defendant] argues that a person crossing a street in a crosswalk in a motorized wheelchair is a pedestrian and not the operator of a vehicle for purposes of the DUII statutes. The state responds that the meaning of "vehicle" under ORS 813.010 is broad and applies to a motorized wheelchair, including when the wheelchair is being used to cross a street in a crosswalk and, hence, that defendant was subject to the DUII statutes when he drove his wheelchair on the street.
This case thus appears to be a real-life example of the "No Vehicles in the Park" hypothetical that fans of statutory interpretation love to endlessly debate (see, for example, here, here, and here).
Posted at 02:50 PM by Howard Bashman


"Court Vacancies Offer Trump An Early Opportunity To Leave A Lasting Legacy; More than 100 federal judgeships will be vacant when Donald Trump becomes president -- a higher number than the past two presidents had when they took office": Zoe Tillman of BuzzFeed News has this report.
Posted at 02:30 PM by Howard Bashman


"For Supreme Court, 2016 Had More Question Marks Than Certainty": Nina Totenberg had this audio segment on Monday evening's broadcast of NPR's "All Things Considered."
Posted at 01:33 PM by Howard Bashman


"Peril and promise on Trump's Supreme Court list: Americans want judges who, like Antonin Scalia, don't accept government arguments on faith." Evan Bernick and Clark Neily have this essay online at USA Today.
Posted at 01:18 PM by Howard Bashman


"Here's what a 'digital Miranda warning' might look like: Smartphone owners need to know if -- and when -- they need to reveal their passcodes." Cyrus Farivar of Ars Technica has this report.
Posted at 01:00 PM by Howard Bashman


Wednesday, December 28, 2016

"Former state Supreme Court candidate fined for violating election law; MacDonald was accused of citing an endorsement that she did not have": Ricardo Lopez of The Minneapolis Star Tribune has this report.
Posted at 11:15 PM by Howard Bashman


"N.J. college wins immunity in lawsuit from fired employee": Adam Clark of NJ.com has an article that begins, "One of New Jersey's largest public colleges can't be sued for discrimination in federal court because its an arm of the state, the U.S. Court of Appeals for the Third Circuit ruled Tuesday."

Patrick Dorrian of Bloomberg BNA reports that "Montclair State Immune From Ex-Employee's Medical Leave Suit."

And Doug Lederman of Inside Higher Ed has a post titled "New Jersey University Has State Immunity, U.S. Court Rules."

You can access yesterday's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 11:02 PM by Howard Bashman



"US appeals court orders review of police hair-testing lawsuit": Milton J. Valencia of The Boston Globe has an article that begins, "After more than a decade of litigation, a federal judge will have to consider for the third time whether a controversial hair test the Boston Police Department uses to screen officers for drug use discriminates against officers of color."

You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 10:50 PM by Howard Bashman



Dan Markel murder leads list of "the most high-profile cases in Leon County in 2016 and trials to watch in 2017": Karl Etters of The Tallahassee Democrat has an article headlined "2016: The year in crime."
Posted at 08:32 PM by Howard Bashman


"Appeals court ruling could nullify hundreds of decisions by SEC judges in Colorado and 5 other states; The ruling dissolves a $1.2 million fine levied against David Bandimere": David Migoya of The Denver Post has this report.

Dave Michaels of The Wall Street Journal has an article headlined "SEC's Use of In-House Courts Unconstitutional, Appeals Court Rules; Three-judge panel's decision diverges from earlier ruling by District of Columbia Circuit."

Nate Raymond of Reuters reports that "U.S. appeals court rejects SEC's use of administrative law judges."

And Alison Frankel's "On the Case" from Thomson Reuters News & Insight today has a post titled "10th Circuit strikes down SEC ALJ regime, debates reach to other agencies."

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



"New Jersey makes case to Supreme Court on sports betting": The Associated Press has this report.
Posted at 05:12 PM by Howard Bashman


"The Religious-Liberty Showdowns Coming in 2017: From mosque surveillance to new religious-exemption laws, a look at some of the issues likely to come up under Trump." Emma Green of The Atlantic has this report.
Posted at 03:27 PM by Howard Bashman


"SCOTUS' Slight Push Back at the End of 2016": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 03:20 PM by Howard Bashman


"Lanzinger gets set for retirement from Ohio's top court; No justice from area for 1st time in decades": Jim Provance of The Toledo Blade has this report.
Posted at 01:54 PM by Howard Bashman


"'Sister Wives' case should not go to U.S. Supreme Court, argues Utah A.G.'s office": Courtney Tanner of The Salt Lake Tribune has this report.

And Ben Winslow of Fox13 of Salt Lake City reports that "Utah asks U.S. Supreme Court to uphold polygamy ban in 'Sister Wives' appeal."

You can view Utah's brief in opposition at this link.
Posted at 01:50 PM by Howard Bashman



"Corruption in the White House: The founders were so adamant about preventing the kind of presidency we're about to witness; Plus, reflecting on the climate for free speech on college campuses." Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 01:22 PM by Howard Bashman


"Scalia's Legacy on the Court Looks Surprisingly Secure": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 01:17 PM by Howard Bashman


"Appeals court weighs Ohio law shielding lethal drugs source": Andrew Welsh-Huggins of The Associated Press has an article that begins, "A federal appeals court is weighing a challenge by death row inmates of an Ohio law that shields the names of companies that provide lethal injection drugs."
Posted at 11:28 AM by Howard Bashman


Tuesday, December 27, 2016

"Pa. Supreme Court to hear dispute over gun owner privacy": Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this report.
Posted at 10:50 PM by Howard Bashman


"WV Supreme Court to have female majority for 1st time": Kate White of The Charleston (W. Va.) Gazette-Mail has this report. According to the article, West Virginia will be "one of 11 top courts that will have a majority of justices who are women in 2017."
Posted at 10:45 PM by Howard Bashman


"Paul E. Pfeifer: Retiring Ohio Supreme Court justice has left mark." Randy Ludlow of The Columbus Dispatch has an article that begins, "Justice Paul E. Pfeifer leaves the Ohio Supreme Court with a legacy as a colorful contrarian, doubter of the death penalty and author of powerful dissents that skewered the majority's rulings."
Posted at 10:27 PM by Howard Bashman


"Supreme Court verdict hasn't deterred Texas lawmakers from filing abortion bills": Samantha Ketterer has this article in today's edition of The Dallas Morning News.
Posted at 10:18 PM by Howard Bashman


"A shot fired into Mexico killed a teenager, and now, the Supreme Court will weigh in": Jordan Rudner of The Dallas Morning News has this report.
Posted at 10:09 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: Circuit Split!" Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation about a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 08:40 PM by Howard Bashman


"The Continuing Collapse of the Death Penalty": This editorial appears in today's edition of The New York Times.
Posted at 08:30 PM by Howard Bashman


"David Boies on Halliburton's end: remembering a daughter and a disaster that wasn't." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 05:48 PM by Howard Bashman


In the January 2017 issue of ABA Journal magazine: Mark Walsh has an article headlined "How will Trump shape the Supreme Court?"

Terry Carter has the magazine's cover story headlined "Erasing the News: Should some stories be forgotten?"

And the new installment of Bryan A. Garner's "On Words" column is headlined "A Lost Art: Read any good book reviews lately? Probably not -- and here's why that can be a bad thing."
Posted at 05:38 PM by Howard Bashman



"U.S. appeals court revives Clinton email suit": Doina Chiacu of Reuters has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 03:34 PM by Howard Bashman


Ninth Circuit grants rehearing en banc in case presenting Second Amendment challenge to zoning of gun stores: You can access today'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 partially divided three-judge panel's ruling, which allowed such a Second Amendment zoning challenge to proceed, can be accessed here and here.
Posted at 01:48 PM by Howard Bashman



Northern Mariana Islands voting restriction to those of "Northern Marianas descent" violates Fifteenth Amendment, Ninth Circuit holds: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:28 PM by Howard Bashman


"Let's Hear It For The Lawyer Who Fought In Court For Merrick Garland -- And Lost; Steven Michel has probably done more than anyone in the Senate to advance the thwarted Supreme Court nominee": Cristian Farias of The Huffington Post has this report.
Posted at 10:44 AM by Howard Bashman


"Steinert students raise funds to honor alumnus Supreme Court Justice Samuel Alito": Laura Pollack of Community News Service of Lawrenceville, New Jersey has this report (via Jess Bravin).
Posted at 10:36 AM by Howard Bashman


"From Delay To Action: The Supreme Court To Take A Conservative Turn In 2017." Nina Totenberg of National Public Radio has this report.
Posted at 08:50 AM by Howard Bashman


Monday, December 26, 2016

"101 First Street #1: 'Ser-shee-or-RARE-eye.'" Because one podcast series is never enough, the creators of the First Mondays podcast today have posted their inaugural episode of 101 First Street.
Posted at 01:44 PM by Howard Bashman


"Sports agent's legal fight with Los Angeles Ram Quinn hits another roadblock": Anne Blythe of The News & Observer of Raleigh, North Carolina has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued last Thursday.
Posted at 01:20 PM by Howard Bashman


"Do More Interpretive Sources Mean More Discretion?" Law professor Adam M. Samaha has posted this paper online at SSRN (via "Legal Theory Blog").
Posted at 12:15 PM by Howard Bashman


"Charged a Fee for Getting Arrested, Whether Guilty or Not": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 12:08 PM by Howard Bashman


"Trump to inherit more than 100 court vacancies, plans to reshape judiciary": Philip Rucker and Robert Barnes have this front page article in today's edition of The Washington Post.
Posted at 09:36 AM by Howard Bashman


Sunday, December 25, 2016

"Law and Romeo and Juliet: Supreme Court Justice Samuel Alito served as chief judge in the Shakespeare Theatre Company's wrongful death mock trial of Romeo and Juliet in Washington, DC." C-SPAN has posted the video online at this link.
Posted at 08:20 PM by Howard Bashman


Trump's SCOTUS finalists according to Jan Crawford -- Pryor, Hardiman, Colloton, Sykes, and Larsen: Today's broadcast of the CBS News program "Face the Nation" included a year-end CBS News correspondents roundtable.

Jan Crawford had the following to say when asked about the finalists on President-elect Donald J. Trump's list of potential U.S. Supreme Court nominees:

They're -- they're narrowing their focus on a handful, like I said, of appellate court judges. Bill Pryor from the Atlanta based Federal Appeals Court. Thomas Hardiman, a judge on the Philadelphia based Appeals Court. Steve Colloton, from out in Iowa upon the U.S. Court of Appeals, the Eighth Circuit. A judge, Diane Sykes, on the Seventh Circuit. And Joan Larsen, on the Michigan Supreme Court. But, again, all highly qualified. You -- you can't argue with their credentials.
You can access the complete transcript of today's broadcast at this link.
Posted at 08:12 PM by Howard Bashman


Saturday, December 24, 2016

"Killer's psychiatrist can be sued by victim's family, Washington Supreme Court says; Spokane case raises questions about the extent to which a doctor is responsible for his patient's subsequent actions": Gene Johnson of The Associated Press has this report on a 6-to-3 ruling that the Supreme Court of Washington State issued on Thursday.
Posted at 10:52 PM by Howard Bashman


"First Liberty Appeals Historic 'Bible Verse Case' Case to Supreme Court; First Liberty just asked the Supreme Court to hear what could be the biggest military religious freedom case in decades": First Liberty Institute issued this news release yesterday.

Paul D. Clement is counsel of record on the petition for a writ of certiorari that Monifa J. Sterling filed yesterday in the U.S. Supreme Court.
Posted at 10:36 PM by Howard Bashman



"The Stolen Supreme Court Seat": This editorial will appear in Sunday's edition of The New York Times.
Posted at 09:50 PM by Howard Bashman


"Did Justice Scalia Believe in Dinosaurs? An Investigation." Ian Samuel has this post today at Medium.
Posted at 08:30 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: Christmas in the D.C. Circuit." Aaron Nielson has this post today at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 03:24 PM by Howard Bashman


"Milwaukee man asks the full U.S. 7th Circuit Court of Appeals to reconsider his case after a split ruling on police use of secret cell-phone tracking technology": Bruce Vielmetti has this article in today's edition of The Milwaukee Journal Sentinel.
Posted at 01:44 PM by Howard Bashman


"The Surprisingly Weak Reasoning of Mohamud": Orin Kerr has this post at the "Lawfare" blog.
Posted at 01:33 PM by Howard Bashman


"Vermont Supreme Court Temporarily Blocks Shumlin's Supreme Court Nomination": Taylor Dobbs of Vermont Public Radio has this report.

And Jess Aloe of The Burlington Free Press reports that "Vt. Supreme Court blocks Shumlin appointment."
Posted at 01:18 PM by Howard Bashman



"Belfast gay-themed cake case will not go to UK supreme court; Northern Ireland attorney general fails in bid to get UK's highest court to review rulings against Ashers Bakery": The Guardian (UK) has this report.
Posted at 01:10 PM by Howard Bashman


"Book review: The U.S. Supreme Court's most popular liberal tells all." In today's edition of The Pittsburgh Post-Gazette, Justice David Wecht of the Supreme Court of Pennsylvania has this review of U.S. Supreme Court Justice Ruth Bader Ginsburg's book, "My Own Words."
Posted at 12:56 PM by Howard Bashman


Friday, December 23, 2016

"Appeals court vacates 'unconscionable' life sentence for New Orleans man over theft of $15 from 'bait vehicle'": John Simerman of The New Orleans Advocate has this report.

And Kevin McGill of The Associated Press reports that "Appeals court tosses life sentence for $15 theft."

You can access Wednesday's ruling of Louisiana's Fourth Circuit Court of Appeal at this link.
Posted at 10:58 PM by Howard Bashman



"The Strange Case of the American Death Penalty": Jeffrey Toobin has this post online at The New Yorker.
Posted at 05:22 PM by Howard Bashman


"Profiling State Justices on Trump's List of Possible SCOTUS Candidates": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 04:00 PM by Howard Bashman


"Lee v. Tam: Offensive Trademarks at the Supreme Court (A Series) -- Part Four: Is the Disparagement Clause Impermissible Viewpoint-Based Discrimination?" Erica Goldberg has this post at her "In a Crowded Theater" blog.
Posted at 10:48 AM by Howard Bashman


"A capital letter: Stephen Breyer urges a review of the death penalty." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 10:42 AM by Howard Bashman


"Marvin Gaye Family Defends 'Blurred Lines' Trial Outcome to Appeals Court; In a brief filed Thursday, the family's attorney Richard Busch also argues the trial judge made one crucial error that may rob pre-1978 songwriters": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter about an appeal pending in the U.S. Court of Appeals for the Ninth Circuit.
Posted at 10:40 AM by Howard Bashman


Thursday, December 22, 2016

"Ohio Supreme Court says 'functional life sentences' for juveniles are unconstitutional": Eric Heisig of The Cleveland Plain Dealer has this report.

And Andrew Welsh-Huggins of The Associated Press reports that "Ohio Supreme Court rejects teen rapist's 112-year sentence."

You can access today's 4-to-3 ruling of the Supreme Court of Ohio at this link.
Posted at 11:58 PM by Howard Bashman



"Moving ahead without a ninth Justice": Lyle Denniston has this blog post.
Posted at 11:44 PM by Howard Bashman


"Kenneth Starr's Baylor Exit Followed Years of Hidden Turmoil; The school's former president reinstated a troubled football player over the objections of other administrators": Brad Reagan of The Wall Street Journal has this report.
Posted at 10:18 PM by Howard Bashman


"Bathroom law battles loom in more states after North Carolina controversy": Jon Herskovitz of Reuters has this report.
Posted at 05:12 PM by Howard Bashman


"Mr. Robot Killed the Hollywood Hacker: The popular portrayal of computers as magic boxes capable of anything has done real societal harm. Now one TV show wants to save us." Cory Doctorow has this article in the January/February 2017 issue of MIT Technology Review.
Posted at 02:33 PM by Howard Bashman


"Bentley interviews Roy Moore for potential Senate seat": Brian Lyman has this front page article in today's edition of The Montgomery Advertiser.

Mike Cason of AL.com reports that "Bentley interviews Roy Moore, 10 others for Sen. Jeff Sessions' seat."

And Daniel Marans of The Huffington Post has an article headlined "This Judge Lost His Job For Defying The Law. Now He May Become A Senator. Chief Justice Roy Moore's suspension did not stop the governor from considering him."
Posted at 02:22 PM by Howard Bashman



"The long and complicated road to understanding Jeff Sessions and matters of race": Del Quentin Wilber of The Los Angeles Times has this report.
Posted at 02:18 PM by Howard Bashman


"The Korematsu Supreme Court ruling upholding internment is still a 'loaded weapon' for discrimination": Law professor Gabriel J. Chin has this essay online at The Los Angeles Times.
Posted at 02:14 PM by Howard Bashman


"Florida Supreme Court: Death penalty cases finalized before 2002 will stand." Michael Auslen of The Tampa Bay Times has an article that begins, "Some of the nearly 400 prisoners waiting on Florida's death row will not be allowed a re-sentencing under new death penalty laws, the state Supreme Court ruled Thursday."

You can access today's ruling of the Supreme Court of Florida at this link.
Posted at 12:14 PM by Howard Bashman



"Executions Hit 25-Year Low and Support Is Falling, Report Finds": Richard Perez-Pena has this article in today's edition of The New York Times.

And Jon Herskovitz of Reuters reports that "U.S. executions hit 25-year low as capital punishment wanes: study."
Posted at 12:08 PM by Howard Bashman



"Ahead and behind in the Merrick Garland debacle": Howard Wasserman has this post at "PrawfsBlawg."
Posted at 12:04 PM by Howard Bashman


"In SCOTUS sanctions case, defiant plaintiffs argue Goodyear got what it deserved": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 12:00 PM by Howard Bashman


"Will Guantanamo Bay's Prison Ever Close? President Obama campaigned on the promise of shuttering the detention facility, but the task proved more difficult than anticipated." Priscilla Alvarez of The Atlantic has this report.
Posted at 11:54 AM by Howard Bashman


"Michigan man's case against American Bar Association & LSAT could go to U.S. Supreme Court": Kate Wells of Michigan Radio has this report.
Posted at 11:50 AM by Howard Bashman


"The Trump Court: SCOTUS Could Stand Some Disruption." Mark Pulliam has this post today at the "American Greatness" blog.
Posted at 11:48 AM by Howard Bashman


"SCOTUS for law students: Message to lawyers." Today at "SCOTUSblog," Stephen Wermiel has a post that begins, "Lately, the Supreme Court seems to be sending a message to the lawyers who practice before it: Do not ask the court to grant review of an issue and then try to change the subject."
Posted at 11:44 AM by Howard Bashman


"Invasion of the Agency Snatchers": Linda Greenhouse has this essay online today at The New York Times.
Posted at 09:20 AM by Howard Bashman


"Wanted: Top Court Justice Who's Solid Conservative, No Surprises." Greg Stohr of Bloomberg News has this report.
Posted at 09:16 AM by Howard Bashman


"Justice Scalia's Warning to President Trump: In a memo dated more than 40 years ago, the late Supreme Court justice told future presidents and vice presidents that having apparent conflicts of interest would open them up to 'damaging criticism.'" Betsy Woodruff of The Daily Beast has this report.
Posted at 09:07 AM by Howard Bashman


Wednesday, December 21, 2016

"Pa. court ruling paves way for gay Fox Chapel couple to marry": Chris Potter of The Pittsburgh Post-Gazette has this report on a ruling that the Superior Court of Pennsylvania issued today.
Posted at 11:07 PM by Howard Bashman


"Judge: Reporters, witnesses must be allowed to see entire execution in Arizona; When it took two hours to kill prisoner Joseph Wood, witnesses could not see executioners pumping multiple doses of drugs into the killer." Michael Kiefer of The Arizona Republic has this report.
Posted at 10:58 PM by Howard Bashman


"'Whitey' Bulger, Boston Marathon prosecutor stepping down": Steve LeBlanc of The Associated Press has this report. As the article explains, "Ortiz also drew fire after her office sought to prosecute 26-year-old Aaron Swartz on allegations he surreptitiously used the Massachusetts Institute of Technology's network to download millions of articles from a scholarly archive with the goal of making them freely available."
Posted at 08:27 PM by Howard Bashman


"Ruling backs Montana's right to Wyoming water for reservoir": Matthew Brown of The Associated Press has an article that begins, "A special master appointed by the U.S. Supreme Court in a long-running dispute over state water rights says Wyoming is obligated to provide enough water to fill a reservoir in Montana."
Posted at 08:14 PM by Howard Bashman


"Dusting Off the Constitution's Obscure Clauses": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 07:56 PM by Howard Bashman


"Trump team gets early constitutional assignment": Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 07:42 PM by Howard Bashman


"Antonin Scalia: He claimed objectivity when it came to originalism, but he was a skeptic about science." Emily Bazelon will have this essay in "The Lives They Lived" tribute in this upcoming Sunday's edition of The New York Times Magazine.
Posted at 07:34 PM by Howard Bashman


"What happens if Trump tries to abuse his power? Look to the court system." David G. Savage of The Los Angeles Times has this report.
Posted at 07:30 PM by Howard Bashman


En banc Ninth Circuit panel rejects federal constitutional challenges to California's charging nonresident commercial fishers higher fees for vessel registrations, licenses, and permits: You can access today's ruling of an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit at this link. As to one aspect of the challenges, the en banc panel divided 6-to-5.

Back in September 2015, the majority on a divided three-judge Ninth Circuit panel held that the higher charges for nonresident fishers was unconstitutional. You can access my earlier coverage of that now-vacated ruling at this link.
Posted at 01:42 PM by Howard Bashman



Tuesday, December 20, 2016

"Second Circuit Closes Book on Drone Disclosures": Adam Klasfeld of Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 10:56 PM by Howard Bashman


"State Supreme Court puts measure to speed up executions on hold": Bob Egelko of The San Francisco Chronicle has this report.

Alexei Koseff of The Sacramento Bee reports that "California Supreme Court blocks new law to speed up death penalty."

The Associated Press reports that "California Supreme Court halts death penalty measure."

And at the "At the Lectern" blog, David Ettinger has a post titled "Proposition 66 stayed."
Posted at 09:58 PM by Howard Bashman



"Key question of Slants case at SCOTUS: Is trademark registration speech? If so, whose?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 09:38 PM by Howard Bashman


"Trump SCOTUS Short-Lister Tom Lee: Five Things to Know." Patrick Gregory of Bloomberg Law has this report.
Posted at 04:02 PM by Howard Bashman


"South Carolina will debate bill to block porn on new computers; Citizens who wanted to opt out of porn filter would have to pay $20 fee": Joe Mullin of Ars Technica has this report.
Posted at 03:06 PM by Howard Bashman


"Cruz: Give Clarence Thomas a place in the African-American museum." Eugene Scott of CNN.com has an article that begins, "Sen. Ted Cruz says the new African-American museum honoring black history has made 'a mistake' by not featuring Supreme Court Justice Clarence Thomas."
Posted at 03:00 PM by Howard Bashman


"New York Appeals Court Rules No Public Performance Rights in Pre-1972 Sound Recordings; In a big victory for SiriusXM and a major setback for owners of older sound recordings, a lower court's decision is reversed": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter about a ruling that the Court of Appeals of New York -- that state's highest court -- issued today on certified question from the U.S. Court of Appeals for the Second Circuit.

And in other coverage, Andrew Chung of Reuters reports that "Sirius XM wins New York appeal over older songs."
Posted at 02:56 PM by Howard Bashman



"Dozens Of Obama's Judicial Nominees, Including Historic Picks, Won't Make It Onto The Bench; Fifty-two of President Obama's judicial nominees didn't get a vote in the Senate; They include lawyers and judges who would have added new diversity to the federal bench": Zoe Tillman of BuzzFeed News has this report.
Posted at 02:48 PM by Howard Bashman


"Supreme Court Nominations Will Never Be the Same": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 02:44 PM by Howard Bashman


"After Botched Execution, Arizona Agrees To Never Use A Controversial Sedative Again; The state has agreed to stop using midazolam, a drug similar to valium that was linked to several botched executions in recent years; Without the drug, the state has few options on how to go forward with lethal injections": Chris McDaniel of BuzzFeed News has this report.
Posted at 02:41 PM by Howard Bashman


"5 ways Trump could reshape environmental law": Amanda Reilly and Robin Bravender have this report.
Posted at 12:04 PM by Howard Bashman


Monday, December 19, 2016

"The Dan Markel Case: Watch Your Words About Wendi Adelson." David Lat has this post today at "Above the Law."
Posted at 11:23 PM by Howard Bashman


"Ducey adds two new justices to Arizona Supreme Court": Howard Fischer of The Arizona Daily Star has an article that begins, "The state's two newest justices of the Arizona Supreme Court were sworn in Monday as Gov. Doug Ducey, who picked them, said they will 'follow the rule of law.'"
Posted at 11:16 PM by Howard Bashman


"Appeals court overturns convictions in Probation Department scandal": Milton Valencia of The Boston Globe has an article that begins, "A federal appeals court has vacated the 2014 convictions of three former Probation Department leaders who were accused of political corruption, allegedly running their department like a criminal enterprise."

O'Ryan Johnson of The Boston Herald reports that "Appeals court overturns probation case, rebukes US Attorney Ortiz."

Shira Schoenberg of The Republican of Springfield, Massachusetts reports that "Appeals Court overturns guilty verdict in Probation Department corruption trial."

And Daniel Marans of The Huffington Post reports that "Appeals Court Deals Rebuke To Controversial Prosecutor Who Targeted Aaron Swartz; U.S. Attorney Carmen Ortiz's office 'overstepped its bounds' in pursuing federal charges, the ruling said."

You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 10:22 PM by Howard Bashman



"Constitution Check: Can a violation of the Emoluments Clause be proven?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:35 PM by Howard Bashman


"Yes, Obama's Supreme Court Nominee Is Really Headed Back To His Old Job; At least Merrick Garland's original lifetime appointment is still good": Cristian Farias of The Huffington Post has this report.

And Josh Gerstein of Politico.com has a blog post titled "Supreme Court nominee Merrick Garland to return to hearing appeals court cases."
Posted at 05:26 PM by Howard Bashman



"'Loser pays' rule in Idaho court system could make justice available only to those with deep pockets": Betsy Z. Russell of The Spokesman-Review of Spokane, Washington has an article that begins, "The Idaho Supreme Court has launched the state's entire court system on a new track that might be called 'loser pay' -- you lose a case, you pay the other side's attorney fees. No other state in the nation has gone this route, and the Supreme Court's 3-2 ruling, issued this fall, has Idaho's legal community in an uproar."
Posted at 05:22 PM by Howard Bashman


"Roberts denies plea to force Senate action on Garland": The Associated Press has this report.

Lawrence Hurley of Reuters reports that "U.S. chief justice refuses to force vote on Obama high court pick."

At the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Garland vote plea denied -- maybe for the last time."

And Zoe Tillman of BuzzFeed News reports that "Merrick Garland Will Be On The Bench -- But Not The Supreme Court -- In January; President Obama's Supreme Court nominee won't be on the high court; Garland will, though, go back to hearing cases in his old court on Jan. 18."
Posted at 01:38 PM by Howard Bashman



"The Million Dollar Judges of 2015-16: Independent Spending and Secret Money." Billy Corriher of the Center for American Progress has this post today.
Posted at 01:28 PM by Howard Bashman


"Deciding Unclear Originalist Cases: Towards Good-Faith Constitutional Construction." Evan Bernick has this post today at the "Fed Soc Blog."
Posted at 01:22 PM by Howard Bashman


"Student Research Presented in Supreme Court Case Hailed as 'Precise and Powerful'; Side-by-Side Comparisons of Courts Reveal Fifth Circuit to be Outlier in Death Penalty Appeals": Columbia Law School has posted this news release online.
Posted at 01:14 PM by Howard Bashman


"What The Money Says About Federal Judges on Trump's SCOTUS List": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 08:40 AM by Howard Bashman


"My argument with Richard Posner about originalism": Will Baude has this post today at "The Volokh Conspiracy."
Posted at 08:36 AM by Howard Bashman


Sunday, December 18, 2016

"Court refuses to lift order for state to deliver water in Flint": Paul Egan of The Detroit Free Press has this report.

Jennifer Chambers of The Detroit News reports that "Appeals court sides with water delivery for Flint."

And Jiquanda Johnson of MLive.com reports that "State still must deliver water to Flint residents, federal court rules."

You can access Friday's order of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 07:40 PM by Howard Bashman



In Bashman news from Australia: The Australian Associated Press (via 7AD of Devonport, Tasmania) reports that "Man charged with using rock to bash man."
Posted at 12:38 PM by Howard Bashman


"Court is asked to expand protections for gays, lesbians": Bill Rankin of The Atlanta Journal-Constitution has an article that begins, "The federal appeals court in Atlanta was asked Thursday to do something it's never done before -- rule that gays and lesbians cannot be discriminated against because of their sexual orientation."

According to the article, the three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit assigned to hear and decide the case consists of Circuit Judges William H. Pryor Jr. and Robin S. Rosenbaum and U.S. District Judge Jose E. Martinez (S.D. Fla.).
Posted at 11:35 AM by Howard Bashman



Saturday, December 17, 2016

"Supreme Court To Return To 1984 Case Involving Prosecutor Misconduct": Carrie Johnson had this audio segment on today's broadcast of NPR's "Weekend Edition Saturday."
Posted at 09:08 PM by Howard Bashman


"NC lawmakers create partisan election process for courts that review their laws": In today's edition of The News & Observer of Raleigh, North Carolina, Anne Blythe has an article that begins, "A law approved Friday by state lawmakers, and quickly signed by Gov. Pat McCrory in the waning days of his administration, changes the election process for the state Supreme Court that provides a check on the other two branches of government."
Posted at 09:03 PM by Howard Bashman


"Imperial stubs out plans for Supreme Court battle on tobacco packaging rules": Jillian Ambrose of The Telegraph (UK) has this report.
Posted at 08:56 PM by Howard Bashman


"The Prenda Saga Goes Criminal: Steele and Hansmeier Indicted On Federal Charges." Ken White has this post at "Popehat."

Erica Orden of The Wall Street Journal reports that "Two Lawyers Indicted in Connection With Fraudulent Lawsuits; Paul Hansmeier and John Steele would upload pornographic films, sue people who illegally downloaded them, indictment says."

Mike Masnick of Techdirt has a post titled "Team Prenda Finally Goes To Jail: Hansmeier & Steele Indicted & Arrested."

And Rhett Jones of Gizmodo has a post titled "Lawyers Accused of Extorting $6 Million From Porn Pirates in Elaborate Scam."
Posted at 04:40 PM by Howard Bashman



"The Emoluments Clause: Its text, meaning, and application to Donald J. Trump." Norman Eisen and law professors Richard Painter and Laurence H. Tribe (with the assistance of Joshua Matz) have posted this paper online at the Brookings Institution.
Posted at 01:30 PM by Howard Bashman


"SCOTUS Term Limits in the Next Congress": Eric Segall and Gabe Roth have this post today at "Dorf on Law."
Posted at 01:18 PM by Howard Bashman


"Judicial Departmentalism: An Introduction." Law professor Kevin C. Walsh has posted this essay online at SSRN (via "Legal Theory Blog").
Posted at 01:14 PM by Howard Bashman


"Oregon's jury system designed to 'dampen' voice of minorities, judge rules": In today's edition of The Oregonian, Aimee Green has a front page article that begins, "A Portland judge Thursday declined to grant a new trial to a 33-year-old African American man despite his argument that he didn't get a fair trial because only one of 12 jurors was black -- and the juror's vote ultimately didn't count."
Posted at 01:07 PM by Howard Bashman


Friday, December 16, 2016

"Defendants can't undo class settlement even if underlying law changes -- 6th Circuit": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 05:32 PM by Howard Bashman


"Feds charge porn-troll lawyers in major fraud, extortion case in Minneapolis; University of Minnesota law grads Paul Hansmeier and John Steele made millions suing people who feared exposure for downloading porn or couldn't afford to battle them in court": Stephen Montemayor of The Minneapolis Star Tribune has this report.

The newspaper has posted the 36-page federal indictment at this link.

And in other coverage, Joe Mullin of Ars Technica reports that "Prenda Law 'copyright trolls' Steele and Hansmeier arrested; Lawyers who turned porn lawsuits into big business now face criminal charges."
Posted at 01:56 PM by Howard Bashman



"23 Questions for Seventh Circuit Judge Diane S. Sykes": This post appeared here at "How Appealing" back in October 2004.
Posted at 12:10 PM by Howard Bashman


"Five Things to Know About SCOTUS Short-Lister Sykes": Patrick Gregory of Bloomberg BNA has this report.
Posted at 12:04 PM by Howard Bashman


"Securities Guru Rakoff Sparked Insider Trading Reversal From Afar": Kimberly S. Robinson of Bloomberg BNA has an article that begins, "A fortuitous panel assignment in the Ninth Circuit allowed district court Judge Jed Rakoff to craft the decision that ultimately unseated a ground-breaking insider trading opinion from his home circuit."
Posted at 11:30 AM by Howard Bashman


"How Trump's election reignites the abortion wars": Ariane de Vogue of CNN.com has this report.
Posted at 11:26 AM by Howard Bashman


"The (Potentially) Monumental Significance of the Jennings Supplemental Briefing Order": Today at "Just Security," Steve Vladeck has a post that begins, "On November 30, the US Supreme Court heard oral argument in Jennings v. Rodriguez -- a case that arises from three categories of immigration detention in which the government has been holding tens of thousands of non-citizens in custody (and without periodic review) for extended periods of time (in some cases, for as long as several years)."
Posted at 11:24 AM by Howard Bashman


"Petersburg Police Department's social media policy held unconstitutional": Frank Green of The Richmond Times-Dispatch has this report.

And at "The Volokh Conspiracy," Eugene Volokh has a post titled "Fourth Circuit protects police officer Facebook posts critical of department policies."

Circuit Judge J. Harvie Wilkinson III wrote yesterday's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit.
Posted at 11:18 AM by Howard Bashman



"Gov. Rick Scott appoints conservative judge to Florida Supreme Court": Mary Ellen Klas of The Miami Herald has this report.

Gray Rohrer of The Orlando Sentinel reports that "Gov. Scott appoints Judge Alan Lawson to Florida Supreme Court."

And the News Service of Florida reports that "FSU grad Lawson tapped for Supreme Court."
Posted at 11:12 AM by Howard Bashman



"It's unanimous: Supreme Court playing small ball." Richard Wolf of USA Today has this report.
Posted at 11:06 AM by Howard Bashman


"The Dan Markel Case: Slow Your Roll On Wendi Adelson." David Lat has this post at "Above the Law."
Posted at 11:04 AM by Howard Bashman


"The Bill of Rights in the 21st Century": The U.S. National Archives has posted on YouTube at this link the video of this program from last night, which featured Jess Bravin of The Wall Street Journal as moderator and two D.C. Circuit judges and a senior Fourth Circuit judge as panelists.
Posted at 11:00 AM by Howard Bashman


Thursday, December 15, 2016

"Transgender Student Can Continue To Use Girls' Bathroom, Federal Appeals Court Rules": Chris Geidner of BuzzFeed News has this report on an order that a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 11:42 PM by Howard Bashman


"You Just Got Merrick'd": From last night's broadcast of NBC's "Late Night with Seth Meyers," you can view the video at this link.
Posted at 11:28 PM by Howard Bashman


"Gov. Scott to name Florida Supreme Court pick Friday": Gray Rohrer of The Orlando Sentinel has this report.
Posted at 10:32 PM by Howard Bashman


"Final plea for Senate vote on Court nominee": Lyle Denniston has a blog post that begins, "Taking his last chance at trying to force the Senate to vote on Judge Merrick B. Garland's nomination to the Supreme Court, a New Mexico lawyer on Thursday asked the Supreme Court to order the Senate to act, one way or the other."
Posted at 10:28 PM by Howard Bashman


"Excommunication, Buddhists, and temple control: An interesting new Supreme Court petition." Eugene Volokh has this post today at "The Volokh Conspiracy."
Posted at 10:18 PM by Howard Bashman


"Supreme Court Foreshadows Big Constitutional Ruling In Immigration Case; An unusual order indicates that the justices may not be willing to split 4-to-4": Cristian Farias of The Huffington Post has this report.

And Lyle Denniston has a blog post titled "Ratcheting up to the Constitution's level."

You can view today's order of the U.S. Supreme Court at this link.
Posted at 10:14 PM by Howard Bashman



"What the Women of SCOTUS Know: In these troubled times, Justices O'Connor, Ginsburg, Sotomayor, and Kagan are all the role models we need." Dahlia Lithwick has this essay online at Slate.
Posted at 10:02 PM by Howard Bashman


"Sykes, Pryor among top contenders for Supreme Court vacancy -- sources": Pamela Brown and Eugene Scott of CNN.com have this report.

And Leada Gore of AL.com has an article headlined "Bill Pryor, former Alabama Attorney General, among Trump's top 2 Supreme Court prospects: Reports."
Posted at 09:58 PM by Howard Bashman



"Supreme Court vacates death sentence in Delaware": Jessica Masulli Reyes of The News Journal of Wilmington, Delaware has this report.

The Associated Press reports that "Delaware court says death penalty ruling is retroactive."

And Chris Geidner of BuzzFeed News reports that "Delaware's Current Death Row Inmates Will Now Get Life Sentences, State High Court Rules."

You can access today's ruling of the Supreme Court of Delaware at this link.
Posted at 05:14 PM by Howard Bashman



"To Combat Trump, Democrats Ready a G.O.P. Tactic: Lawsuits." Vivian Yee has this front page article in today's edition of The New York Times.
Posted at 03:39 PM by Howard Bashman


"An Insider-Trading Ruling That Delights Prosecutors -- and One Manhattan Judge": Roger Parloff has this post online at The New Yorker.
Posted at 03:24 PM by Howard Bashman


"Is Obama throwing in the towel on Merrick Garland nomination for Supreme Court?" Robert Barnes of The Washington Post has this report.
Posted at 01:37 PM by Howard Bashman


"An Econometric Investigation of the Determinants of US Supreme Court Decisions": John S. Summers, Michael J. Newman, and Michael T. Cliff have this article in the Tennessee Law Review.
Posted at 12:18 PM by Howard Bashman


Wednesday, December 14, 2016

"No foul on spouse's secret e-mail forwarding": In April 2015, Patricia Manson of the Chicago Daily Law Bulletin had an article that begins, "A man who alleges his estranged wife secretly forwarded his e-mails to her e-mail account does not have a case under the Wiretap Act, a federal judge has ruled."

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit -- in an opinion written by Circuit Judge Diane S. Sykes -- reinstated the husband's Wiretap Act claim against his estranged wife.
Posted at 11:04 PM by Howard Bashman



"Senator Menendez's cert petition unloads on the Third Circuit": Matthew Stiegler has this post today at his "CA3blog."
Posted at 10:17 PM by Howard Bashman


"Justices to Hear Cases on Withheld Evidence and Bad Advice": Adam Liptak will have this article in Thursday's edition of The New York Times.

Richard Wolf of USA Today reports that "Supreme Court reopens decades-old D.C. murder."

Keith L. Alexander of The Washington Post reports that "Supreme Court agrees to hear arguments in horrific 1984 D.C. murder case."

And Brent Kendall of The Wall Street Journal reports that "Supreme Court to Hear Patent Case That Could Limit Venue Shopping; In case involving Kraft Foods, high court to address rules for where patent cases can be filed."
Posted at 09:54 PM by Howard Bashman



"A Top Defender, Sidelined by the Accused in the Charleston Church Massacre": In today's edition of The New York Times, Alan Blinder has an article that begins, "David I. Bruck has spent decades crafting legal strategies to keep people out of the country's execution chambers. He has argued before the United States Supreme Court on seven occasions, winning six times. He has frustrated prosecutors, challenged judges and softened grim-faced juries."
Posted at 09:38 PM by Howard Bashman


"Top U.S. Court to Consider Curbing Texas Suits by Patent Holders": Greg Stohr of Bloomberg News has this report.

Andrew Chung of Reuters reports that "U.S. top court to weigh limits on where patent lawsuits can be filed."

And The Associated Press reports that "Justices to weigh limits on where patent lawsuits are filed."

This afternoon, the U.S. Supreme Court issued an Order List granting review in four cases that will produce three hours of oral argument.
Posted at 08:04 PM by Howard Bashman



"Court upholds California's gun purchase waiting period": Central Valley Business Times has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:40 PM by Howard Bashman


"Cherokees' Gay-Marriage Law Is Traditional": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 01:30 PM by Howard Bashman


"iPhone user can be forced to produce the passcode to his phone, court rules": Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 01:18 PM by Howard Bashman


"Spy Law Could Be Government Tool to Prosecute Press": Melissa H. Stanzione of Bloomberg Law has this report.
Posted at 11:23 AM by Howard Bashman


"Should non-lawyer judges be sending people to jail? SCOTUS asked to review." David Carroll has this post at the "Pleading the Sixth Blog" of the Sixth Amendment Center. You can view the petition for writ of certiorari at this link.
Posted at 11:18 AM by Howard Bashman


"Big Banks Fight to Block Crisis-Era Lawsuits From Continuing": In today's edition of The New York Times, Victoria Finkle has an article that begins, "Big banks are fighting tens of billions of dollars of potential legal costs linked to at least a dozen pending lawsuits arising from the financial crisis. Now they want the Supreme Court to weigh in, arguing that regulators took too long to file their claims."
Posted at 11:07 AM by Howard Bashman


"GM asks Supreme Court to reverse ignition switch claims ruling": Nate Raymond of Reuters has this report. You can view the petition for writ of certiorari at this link.
Posted at 11:02 AM by Howard Bashman


"Alabama Chief Justice Roy Moore appeals his suspension": Mike Cason of The Birmingham News has this report.
Posted at 10:54 AM by Howard Bashman


"Erwin Chemerinsky & Joan Biskupic on Donald Trump & the Supreme Court": This UCI Law Talks podcast was posted online last week.
Posted at 10:45 AM by Howard Bashman


Tuesday, December 13, 2016

"Menendez asks Supreme Court to hear case; The Democratic senator facing bribery charges claims probe violated Constitution's 'speech or debate' immunity for legislators": Josh Gerstein of Politico.com has this report.

You can view the petition for writ of certiorari at this link.
Posted at 11:38 PM by Howard Bashman



"10th Circuit sides with city in ABQ Rapid Transit case": Dan McKay of The Albuquerque Journal has this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 11:25 PM by Howard Bashman


View the video of this afternoon's Ninth Circuit oral argument in Robins v. Spokeo, Inc. on remand from the U.S. Supreme Court: The U.S. Court of Appeals for the Ninth Circuit has posted the video on YouTube at this link.
Posted at 05:50 PM by Howard Bashman


"Federal appeals court upholds Va. voter ID law": Frank Green of The Richmond Times-Dispatch has this report.

Ann E. Marimow and Rachel Weiner of The Washington Post report that "Appeals court upholds Virginia's voter-ID law."

And The Associated Press reports that "Federal appeals court upholds Virginia voter ID law."

You can access today's ruling of a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 04:22 PM by Howard Bashman



"Legal scholars to Trump: Abide by Constitution": Richard Wolf of USA Today has this report.
Posted at 04:15 PM by Howard Bashman


"Ohio governor OKs 20-week abortion ban, nixes heartbeat bill": Julie Carr Smyth of The Associated Press has an article that begins, "Republican Gov. John Kasich signed a bill Tuesday imposing a 20-week abortion ban while vetoing stricter provisions in a separate measure that would have barred the procedure at the first detectable fetal heartbeat."
Posted at 04:09 PM by Howard Bashman


"OT2016 #8: 'Don't Think It's Going To Be 9-0.'" Ian Samuel and Dan Epps have posted online this special bonus episode of their "First Mondays" podcast. I'm calling it a "bonus episode" because it's the first time that a new episode has appeared on a Tuesday rather than a Monday.
Posted at 01:07 PM by Howard Bashman


"Supreme Court justice argues for a world view from the bench": Max B. Baker has this article in today's edition of The Fort Worth Star-Telegram.
Posted at 12:00 PM by Howard Bashman


"A General Approach for Predicting the Behavior of the Supreme Court of the United States": Law professor Daniel Martin Katz, Michael J Bommarito II, and law professor Josh Blackman have posted this paper online.
Posted at 11:54 AM by Howard Bashman


"The Supreme Court Case That Could Bankrupt Religious Schools and Hospitals: Advocate Health Care Network v. Stapleton pits financially strained organizations against their own workers, who fear their promised pensions may not be there when they retire." Emma Green of The Atlantic has this report.
Posted at 11:48 AM by Howard Bashman


"How the Supreme Court can avoid turning the Web into a Wild West": Online at The Toronto Globe and Mail, law professor Michael Geist has an essay that begins, "Last week, the Supreme Court of Canada heard arguments in a case that strikes at the heart of law in the online world."

In news coverage of the oral argument, Ashifa Kassam of The Guardian (UK) reported that "Activists back Google's appeal against Canadian order to censor search results; Canadian supreme court decision to ban links of fake company worldwide could allow countries to regulate internet outside borders, civil liberty groups say."

And Nicole Ireland and Matthew Braga of CBC News reported that "Google brings internet free-speech battle to Supreme Court; Search engine says ruling could pave way for countries to use their courts to block content worldwide."

The Supreme Court of Canada has posted online this summary of the case and also provides online access to the oral argument video.
Posted at 11:45 AM by Howard Bashman



"Will special session skew NC Supreme Court? Lawmakers remain vague." In today's edition of The Winston-Salem Journal, Richard Craver has a front page article that begins, "North Carolina voters could learn today what the Republican-controlled General Assembly will do during its special session this week, including whether lawmakers will go through with a controversial proposal to add justices to the N.C. Supreme Court."
Posted at 11:30 AM by Howard Bashman


"NC Supreme Court justice call-back rule rescinded": Anne Blythe of The News & Observer of Raleigh, North Carolina has an article that begins, "The rule that would have allowed the N.C. Supreme Court's chief justice to call back retired justices to serve on a case-by-case basis to avoid potential deadlocks has been rescinded."
Posted at 11:20 AM by Howard Bashman


"Interest on Lawyer Trust Accounts; Lawyer: State Supreme Court program unconstitutional." Lynnette Hintze of The Daily Inter Lake of Kalispell, Montana has an article that begins, "A Kalispell lawyer wants the Montana Legislature to take action to stop a state Supreme Court program he claims is unconstitutional because it taxes the clients of lawyers and spends the money on preferred nonprofit groups."
Posted at 11:16 AM by Howard Bashman


"An outstanding choice for U.S. Supreme Court vacancy": Law professor Derek T. Muller has this essay online at The St. Louis Post-Dispatch.
Posted at 11:09 AM by Howard Bashman


"Supreme Court would toss Ohio abortion bans, analysts say": Jack Torry of The Columbus Dispatch has this report.

And Randy Ludlow of The Columbus Dispatch reports that "Physicians, Right to Life ask Kasich to veto Heartbeat Bill."
Posted at 11:06 AM by Howard Bashman



"N.J. judge orders newspaper to stop publishing articles": In today's edition of The Record of Hackensack, New Jersey, Salvador Rizzo has a front page article that begins, "A New Jersey judge has ordered the Trentonian newspaper to stop publishing articles about a child abuse case -- a ruling that First Amendment experts said could violate the U.S. Supreme Court's most important decisions guaranteeing the freedom of the press."

And yesterday at "The Volokh Conspiracy," Eugene Volokh had a post titled "N.J. newspaper ordered not to publish complaint in heroin/crack-to-school child custody case."
Posted at 11:02 AM by Howard Bashman



"Supreme Court upholds L.A. man's bank fraud charge for siphoning money from a customer's account": David G. Savage of The Los Angeles Times has this report.
Posted at 08:30 AM by Howard Bashman


"Court tosses suit on Pa. judge-retirement referendum": In today's edition of The Philadelphia Inquirer, Angela Couloumbis has an article that begins, "A federal judge has dismissed a hard-fought lawsuit that sought to declare unconstitutional a November ballot question asking voters whether they approved of raising the retirement age for Pennsylvania judges by five years."

I have posted at this link last Friday's ruling of the U.S. District Court for the Middle District of Pennsylvania.
Posted at 08:27 AM by Howard Bashman



Monday, December 12, 2016

"'He was living history': Champion of equality Judge Myron Bright dies at 97." Helmut Schmidt of The Forum of Fargo, North Dakota has this report.
Posted at 11:11 PM by Howard Bashman


"Cherokee Attorney General rules gay marriage bans unconstitutional": Reuters has this report.

The Associated Press has an article headlined "Cherokee Nation attorney general: Tribe must OK gay marriage."

And Hayley Miller of The Huffington Post reports that "Cherokee Nation Will Now Recognize Same-Sex Marriage."
Posted at 11:00 PM by Howard Bashman



"Can oral argument in Spokeo remand make sense of inscrutable SCOTUS ruling?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight today has a post that begins, "On Tuesday, Andrew Pincus of Mayer Brown and William Consovoy of Consovoy McCarthy Park will appear in San Francisco before a three-judge panel of the 9th U.S. Court of Appeals to argue a familiar question: Does Spokeo's alleged violation of the Fair Credit Reporting Act give plaintiff Thomas Robins standing to sue under Article III of the U.S. Constitution?"

I will link to the video of the oral argument once it becomes available online.
Posted at 05:50 PM by Howard Bashman



Talk about a harangue and oration: A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit today heard oral argument in the federal government's appeal from a district court's dismissal as vague of certain charges against a U.S. Supreme Court protester. The three-judge panel consisted of Circuit Judges Janice Rogers Brown and Sri Srinivasan and Senior Circuit Judge Stephen F. Williams.

You can access the audio of the oral argument via this link (43.3 MB mp3 audio file).

In other coverage, Zoe Tillman of BuzzFeed News reports that "Federal Prosecutors Want Broad Authority To Go After Supreme Court Protesters."
Posted at 05:22 PM by Howard Bashman



"The Pervert Who Changed America: How Larry Flynt Fought the Law and Won." Drew Millard has this report at Vice.com.
Posted at 05:09 PM by Howard Bashman


"High Court Sidesteps Fight on Online Sales Tax Rules; Law has ramifications for companies selling directly to consumers online and through other means": Richard Rubin of The Wall Street Journal has this report.

Lawrence Hurley of Reuters reports that "U.S. top court rejects trade group's challenge to Colorado tax."

And Greg Stohr of Bloomberg News reports that "Internet Sales Tax Clash Turned Away by U.S. Supreme Court."
Posted at 04:08 PM by Howard Bashman



"Supreme Court ends fight over $1 billion NFL concussion deal": Lawrence Hurley of Reuters has this report.

Greg Stohr of Bloomberg News reports that "NFL's Brain-Damage Deal Survives as Top Court Spurns Appeals."

And The Associated Press reports that "Supreme Court leaves $1B NFL concussion settlement in place."
Posted at 04:00 PM by Howard Bashman



"Once Again, Justice Breyer Presses Case Against Death Penalty": Adam Liptak of The New York Times has this report.

Robert Barnes and Mark Berman of The Washington Post report that "Supreme Court passes on death penalty cases in Ohio and Florida."

Richard Wolf of USA Today has an article headlined "Does the death penalty serve a purpose? Supreme Court hasn't decided either."

Lawrence Hurley of Reuters reports that "Liberal U.S. justice questions death penalty as court spurns cases."

And Cristian Farias of The Huffington Post reports that "Suffering On Death Row For 40 Years May Be Cruel And Unusual, Justice Breyer Says; The 78-year-old justice won't give up his quest for a case that might one day abolish the death penalty."
Posted at 03:45 PM by Howard Bashman



"Comparing Candidates for the Next United States Solicitor General": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 02:57 PM by Howard Bashman


Access today's ruling in an argued case of the U.S. Supreme Court: Justice Stephen G. Breyer issued the opinion for a unanimous Court in Shaw v. United States, No. 15-5991. You can access the oral argument via this link.

Update: In news coverage, Sam Hananel of The Associated Press reports that "Supreme Court upholds broad reach of bank fraud law."
Posted at 10:04 AM by Howard Bashman



"Scalia as Procrustes for the Majority, Scalia as Cassandra in Dissent": Law professor Mary Anne Case has posted this paper online at SSRN.
Posted at 09:50 AM by Howard Bashman


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

In Sireci v. Florida, No. 16-5247, Justice Stephen G. Breyer issued a dissent from the denial of certiorari.
Posted at 09:34 AM by Howard Bashman



In the December 19, 2016 issue of The New Yorker: Jeffrey Toobin has an Annals of Law article headlined "Gawker's Demise and the Trump-Era Threat to the First Amendment: Hulk Hogan's smashing legal victory shows us that publishing the truth may no longer be enough."

And Malcolm Gladwell has an A Critic at Large essay titled "Daniel Ellsberg, Edward Snowden, and the Modern Whistleblower: From their backgrounds to their motivations, the two men have some striking differences."
Posted at 08:27 AM by Howard Bashman



"The Lethal Gaps in How the Supreme Court Handles the Death Penalty": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 08:14 AM by Howard Bashman


Sunday, December 11, 2016

Ninth Circuit reinstates part of suit brought by two Fresno County growers claiming 'arbitrary legislative targeting' in California farm labor deal: On Friday, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued this decision with an opinion to follow.

The Fresno Bee reported on the suit's initiation in January 2016 in an article headlined "Fresno County growers claim 'arbitrary legislative targeting' in late-session bill."

In July 2016, after the suit was dismissed in the trial court, The Sacramento Bee reported that "Judge tosses Valley growers' lawsuit against Brown administration."

The case was orally argued a little under one month ago, and you can view the oral argument video on YouTube via this link.
Posted at 10:16 PM by Howard Bashman



"Abortion Foes, Emboldened by Trump, Promise 'Onslaught' of Tough Restrictions": Sabrina Tavernise and Sheryl Gay Stolberg of The New York Times have this report.
Posted at 09:55 PM by Howard Bashman


Why end your opinion with a "Conclusion" when instead you could have a "Constrilusion"? See, for example, this published opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued on Friday.

Update: As invariably happens once a mistake is noted at "How Appealing," the typo has been fixed.
Posted at 09:20 PM by Howard Bashman



"Three Challenges Aim to Give Rights to Fetuses": Law professor Noah Feldman has this essay online today at Bloomberg View.

In addition, today Bloomberg View published a revised version of the essay Feldman originally posted on Friday, bearing the revised title "Judge on Trump's Short List Rules for Middle Schoolers."
Posted at 07:32 PM by Howard Bashman



Kevin Simpson of The Denver Post is reporting: In today's newspaper, he has articles headlined "Allison Eid, possible Trump court pick, could fit mold of mentor Clarence Thomas"; "Neil Gorsuch: Elite credentials, conservative western roots land Denver native on SCOTUS list; Appeals court judge has key conservative bonafides"; "Tim Tymkovich: Coloradan through and through would give SCOTUS missing perspective; Temperment and collegiality augment requisite conservative leanings."
Posted at 04:55 PM by Howard Bashman


"Connecticut case challenges use of cellphone tower evidence": Dave Collins of The Associated Press has an article that begins, "An appeal before the Connecticut Supreme Court is adding to the divided legal landscape nationwide surrounding the validity of cellphone tower evidence used in criminal trials."
Posted at 01:02 PM by Howard Bashman


"Two Iowa judges on Trump's Supreme Court short list": Grant Rodgers of The Des Moines Register has an article that begins, "Conservatives hoping for an intellectual successor to the late Justice Antonin Scalia would find qualities to admire in either of the Iowa judges named as a possible Donald Trump pick for the U.S. Supreme Court, according to experts and colleagues."
Posted at 12:48 PM by Howard Bashman


"Capital cases before the Kansas Supreme Court challenge death penalty, premeditation": Justin Wingerter of The Topeka Capital-Journal has an article that begins, "Two of the final cases the Kansas Supreme Court will consider in 2016 are capital murder cases, including a quadruple murder case challenging the constitutionality of executing mentally ill inmates."
Posted at 11:12 AM by Howard Bashman


"Epic court battle over Field of Dreams may be done": Kyle Munson of The Des Moines Register has an article that begins, "One of Iowa's most bucolic and beloved tourist sites, where 1989's 'Field of Dreams' was filmed, may see dramatic change in the months ahead thanks to an Iowa Supreme Court opinion issued Friday."

You can access Friday's ruling of the Supreme Court of Iowa at this link.
Posted at 11:02 AM by Howard Bashman



"Supreme Court Brexit appeal: Judges 'heading for split 7-4 decision' in narrow win for Remain campaigners." Christopher Hope of The Telegraph (UK) has this report.
Posted at 10:54 AM by Howard Bashman


"Bamboozled: Catholic hospital pensions meet the U.S. Supreme Court; retirees in limbo." Karin Price Mueller of NJ.com has this report.
Posted at 10:50 AM by Howard Bashman


"Where We Draw the Line: The Supreme Court takes up the thorny issue of racial gerrymandering; Also, a revolt is underway in the Electoral College." Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 10:46 AM by Howard Bashman


Saturday, December 10, 2016

"Supreme Court deliberations on execution kept quiet": Ariane de Vogue of CNN.com has this report.
Posted at 03:42 PM by Howard Bashman


"Supreme Court weighs lawyers' actions in 2 death row cases": Mark Sherman of The Associated Press has this report.
Posted at 08:50 AM by Howard Bashman


Friday, December 9, 2016

"Tucson couple's case to help Supreme Court probe penalties for data-concealing lawyers": Howard Fischer of The Arizona Daily Star has an article that begins, "The U.S. Supreme Court is using an Arizona couple's product liability lawsuit to determine how far federal judges can go when punishing attorneys who hide information."
Posted at 10:06 PM by Howard Bashman


"Whittling Away Abortion Access": Emily Bazelon has this essay online at The New York Times.
Posted at 09:57 PM by Howard Bashman


"One Of Donald Trump's Supreme Court Picks Says Merrick Garland Is Too Old To Be Confirmed; But then again, so is he": Cristian Farias pf The Huffington Post has this report.
Posted at 09:46 PM by Howard Bashman


"Michigan Supreme Court denies Jill Stein's appeal in recount case": Lauren Gibbons of MLive.com has this report.

You can access today's 3-to-2 ruling of the Supreme Court of Michigan at this link.
Posted at 09:42 PM by Howard Bashman



"Who can challenge FDA label decisions? Not plaintiffs' firm with drug cases -- 3rd Circuit." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today in which I am quoted.
Posted at 07:48 PM by Howard Bashman


"Judge on Trump's Short List Dodges the Tough Question": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 05:37 PM by Howard Bashman


"Judge denies bond for Katherine Magbanua, one of three charged with FSU law professor Dan Markel's murder": Karl Etters of The Tallahassee Democrat has this report.
Posted at 05:09 PM by Howard Bashman


"The obscure constitutional provision that could be trouble for Trump": David G. Savage of The Los Angeles Times has this report.
Posted at 04:52 PM by Howard Bashman


"Courtesy Over Death Penalty Cases May Be Dead At The Supreme Court; The justices agreed to stay one man's execution last month; But this week, they just said no in a similar case": Cristian Farias of The Huffington Post has this report.
Posted at 04:38 PM by Howard Bashman


Access the audio of Shon Hopwood's Fourth Circuit oral argument on Wednesday: Via this link (29.3 MB mp3 audio file).

Also arguing this week in the Fourth Circuit were Andrew Pincus (access the audio at this link; 35.2 MB mp3 audio file) and Thomas Goldstein -- alas, not that Thomas Goldstein (access the audio at this link; 23.9 MB mp3 audio file).
Posted at 03:45 PM by Howard Bashman



"Inmate coughs, heaves during Alabama execution raising ire over drug": David Beasley of Reuters has a report that begins, "A man executed by Alabama on Thursday night heaved and coughed for 13 minutes before dying, and critics of capital punishment said his reaction was caused by a drug that should be banned because it does not render a prisoner sufficiently unconscious."
Posted at 02:47 PM by Howard Bashman


"U.S. wants to send Guantanamo detainee to Israel for trial -- but there's a snag": Carol Rosenberg of The Miami Herald has this report.

And in related coverage, Josh Gerstein of Politico.com has a blog post titled "White House seems to rule out last-minute Obama move to empty Guantanamo."
Posted at 02:44 PM by Howard Bashman



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

In early news coverage, The Associated Press reports that "Justices will consider forfeiture dispute in drug case."
Posted at 02:35 PM by Howard Bashman



"Appeals court wrestles with question of combatant immunity": Alanna Durkin Richer of The Associated Press has this report on a case argued today at the U.S. Court of Appeals for the Fourth Circuit.
Posted at 02:03 PM by Howard Bashman


Access the December 2016 issue of the Harvard Law Review: Via this link.

Therein, law professor Richard H. Fallon Jr. has an article titled "Constitutionally Forbidden Legislative Intent."

And among the "Recent Cases" write-ups are: Chevron Corp. v. Donziger; Rubin v. Islamic Republic of Iran; Microsoft Corp. v. United States; Doe v. Internet Brands, Inc.; Oklevueha Native American Church of Hawaii, Inc. v. Lynch; and State v. Thomas.
Posted at 01:52 PM by Howard Bashman



"Justices on Trump list to sit out recount case": Jonathan Oosting of The Detroit News has this report.

And Kathleen Gray of The Detroit Free Press reports that "Michigan Supreme Court justices recuse themselves from recount case."

You can access the recusal decisions here and here.
Posted at 01:22 PM by Howard Bashman



"Ohio lawmakers approve second abortion ban": Catherine Candisky of The Columbus Dispatch has this report.

Kim Palmer of Reuters reports that "Ohio passes second, less restrictive, abortion bill."

And Max Blau, Dominique Debucquoy-Dodley, and Mayra Cuevas of CNN.com report that "Ohio passes second bill restricting abortions, both await Gov. Kasich's signature."
Posted at 12:14 PM by Howard Bashman



"Alabama Death Row inmate Ronald Bert Smith heaved, coughed for 13 minutes during execution": Kent Faulk of The Birmingham News has this report.

And Kelsey Davis of The Montgomery Advertiser reports that "Ronald Smith executed for 1994 capital murder."
Posted at 12:06 PM by Howard Bashman



Thursday, December 8, 2016

"NC court committee to legislators: Forgo NC Supreme Court expansion plan." Anne Blythe of The News & Observer of Raleigh, North Carolina has this report.
Posted at 11:08 PM by Howard Bashman


"The Ninth Circuit's Constitutional Detour in Mohamud": Elizabeth Goitein has this post today at "Just Security."

And Tuesday at that blog, Jennifer Daskal had a related post titled "Ninth Circuit Upholds 702 Foreign Intelligence Surveillance, But Leaves Open Future Challenges."
Posted at 11:00 PM by Howard Bashman



"Supreme Court Refuses to Stay Execution of Alabama Inmate": Adam Liptak of The New York Times has this report.
Posted at 10:52 PM by Howard Bashman


"Arkansas Supreme Court blocks birth certificates for same-sex couples": Steve Barnes of Reuters has this report.

And Cristian Farias of The Huffington Post reports that "Arkansas' Top Court Says Married Lesbian Moms Still Not Equal On Birth Certificates; The state can legally refuse to list the non-birth mother."

My earlier coverage of today's Arkansas Supreme Court ruling can be accessed here.
Posted at 08:50 PM by Howard Bashman



Access the audio of yesterday's Fourth Circuit oral argument in American Humanist Ass'n v. Maryland-National Capital Park: Via this link (35.4 MB mp3 audio file). My earlier post linking to coverage of the oral argument can be accessed here.
Posted at 05:02 PM by Howard Bashman


"Five Things to Know About SCOTUS Short-Lister Pryor": Patrick Gregory of Bloomberg BNA has this report.
Posted at 04:56 PM by Howard Bashman


"3rd Circuit sticks up for public's interest in deal between whistleblowers": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 04:53 PM by Howard Bashman


"Wikipedia's NSA lawsuit heads to federal appeals court; With rights groups, suing over agency's internet snooping": Andrea Noble of The Washington Times has this article previewing a case argued today before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit.

The Fourth Circuit has already posted the audio of the oral argument online, and you can access it via this link (29.4 MB mp3 audio file).
Posted at 04:47 PM by Howard Bashman



"Arkansas court upholds gay marriage birth certificate law": Jill Bleed of The Associated Press has an article that begins, "Arkansas' highest court on Thursday threw out a judge's ruling that could have allowed all married same-sex couples to get the names of both spouses on their children's birth certificates without a court order, saying it doesn't violate equal protection 'to acknowledge basic biological truths.'"

You can access today's ruling of the Supreme Court of Arkansas at this link.
Posted at 04:35 PM by Howard Bashman



"Reid predicts death of filibuster; In a POLITICO interview, the departing Democratic leader blamed his party's 2016 debacle on Jim Comey and said no big changes are needed": Seung Min Kim, Burgess Everett, and John Bresnahan of Politico.com have this report.
Posted at 03:35 PM by Howard Bashman


"No, Senate Democrats Can't Use The 'Nuclear Option' To Confirm Merrick Garland; Struggling to accept the consequences of electoral defeat, progressive activists are now desperately clinging to a wild conspiracy theory about how they can retain control of the Supreme Court": Sean Davis has this post at The Federalist.
Posted at 03:28 PM by Howard Bashman


"Bench Brackets: The Battle for the Next SCOTUS Justice (Part 2)." Bloomberg BNA has posted online this video segment featuring Kimberly Robinson and Patrick Gregory.
Posted at 03:25 PM by Howard Bashman


SCOTUSDaily interviews Tony Mauro of The National Law Journal: You can read the interview at this link.
Posted at 03:21 PM by Howard Bashman


"Changing schedule for transgender case at Supreme Court": Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 03:14 PM by Howard Bashman


"Four Takeaways From this Term's 2016 SCOTUS Oral Arguments": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 02:38 PM by Howard Bashman


"Under Trump, the Federal Courts Will Be Up For Grabs": Linda Greenhouse has this essay online today at The New York Times.
Posted at 09:42 AM by Howard Bashman


"Appeals Court Reviews Lawsuit Claiming 'The Purge' Was Stolen; Douglas Jordan-Benel scored a victory for those alleging idea theft, but can Universal reverse it?" Ashley Cullins has this post at the "THR, Esq." blog of The Hollywood Reporter.

You can access on YouTube at this link the video of Monday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in Douglas Jordan-Benel v. Universal City Studios, Inc.
Posted at 09:40 AM by Howard Bashman



"Supreme Court Hears Arguments Over Pay for Collapsed Trucking Firm's Workers; Justices consider whether wages should have been paid by bankrupt firm Jevic Transportation before other debts": Katy Stech of The Wall Street Journal has this report.
Posted at 08:30 AM by Howard Bashman


Wednesday, December 7, 2016

"U.S. Government's Snooping Is Fine by One Court": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:00 PM by Howard Bashman


"Supreme Court Sides With Prosecutors in Insider Trading Case": 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 makes prosecution easier of those who 'gift' insider information."

David G. Savage of The Los Angeles Times reports that "Supreme Court affirms broad reach of insider-trading laws."

Aruna Viswanatha and Brent Kendall of The Wall Street Journal report that "Supreme Court Hardens Stance on Insider Trading; Justices, in unanimous decision, affirm conviction of Bassam Salman, who had used information from his brother-in-law."

Greg Stohr of Bloomberg News reports that "Insider-Trading Prosecutions Backed by U.S. Supreme Court."

Ariane de Vogue of CNN.com reports that "Supreme Court ruling makes insider trading cases easier to prosecute."

And Cristian Farias of The Huffington Post reports that "Supreme Court Makes It Easier For Federal Prosecutors To Go After Insider Trading; And the biggest winner of them all is Wall Street's toughest cop."
Posted at 10:52 PM by Howard Bashman



"Supreme Court Gives Samsung a Reprieve in Apple Patent Case": Adam Liptak and Vindu Goel have 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 rules for Samsung in smartphone patent dispute."

David G. Savage and Paresh Dave of The Los Angeles Times have an article headlined "Supreme Court: Samsung doesn't owe Apple $400 million for copying iPhone look."

Brent Kendall of The Wall Street Journal has an article headlined "Supreme Court: Lower Court Should Reconsider What Samsung Owes Apple; Samsung has been challenging a $399 million award to Apple for infringing on design patents."

Richard Wolf of USA Today reports that "Samsung wins Supreme Court fight with Apple."

Ken Shepherd of The Washington Times reports that "Unanimous Supreme Court ruling hands Samsung a key win in ongoing patent case with Apple."

Greg Stohr of Bloomberg News reports that "Top Court Orders New Look at Apple's $399 Million Award From Samsung."

Cristian Farias of The Huffington Post reports that "Supreme Court Rules Samsung Won't Owe Apple $400 Million Over Patent Violations; The justices sent the case back to a lower court to reassess the proper amount of damages."

Joe Mullin of Ars Technica reports that "Samsung victorious at Supreme Court fight with 8-0 opinion against Apple; Apple can't automatically get Samsung's full profits due to patent infringement."

Hamza Shaban of BuzzFeed News reports that "Supreme Court Sides With Samsung In Patent War With Apple; The justices ordered the case to be resettled by a lower court, throwing out a $399 million judgment against Samsung for infringing on Apple's iPhone patents."

At the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "A victory -- for now -- for Samsung in the smartphone wars."

And in commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled "Supreme Court's Text Message in Samsung v. Apple."
Posted at 10:08 PM by Howard Bashman



Access online the audio of two notable cases argued yesterday at the Fourth Circuit: The U.S. Court of Appeals for the Fourth Circuit has posted online at this link (32.1 MB mp3 audio file) the audio of yesterday's oral argument in United States v. v. Jeffrey Sterling. My earlier post collecting coverage of the oral argument can be accessed here.

And you can access at this link (27.3 MB mp3 audio file) the transcript of yesterday's Fourth Circuit oral argument in United States v. Richard Schmidt. My recent posts linking to coverage of this case can be accessed here and here.
Posted at 05:22 PM by Howard Bashman



"Could moving a giant cross or cutting off its arms resolve a 1st Amendment case?" Ann E. Marimow has this report on an appeal argued today before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit.
Posted at 05:10 PM by Howard Bashman


"Business sues state over same-sex laws": David Unze has this front page article in today's edition of The St. Cloud (Minn.) Times.

In today's edition of The Minneapolis Star Tribune, Stephen Montemayor has a front page article headlined "St. Cloud couple file suit so they can deny wedding services to same-sex couples; Business wants only heterosexual customers."

And Gina Cherelus of Reuters reports that "Video company challenges Minnesota law on serving gay couples."
Posted at 03:50 PM by Howard Bashman



"Trump's First 100 Days: His Supreme Court choice could have a lifetime impact." Bill Mears of FoxNews.com has this report.
Posted at 02:43 PM by Howard Bashman


"Could Democrats go 'nuclear' one last time before President Trump?" Today at "The Fix" blog of The Washington Post, Aaron Blake has an interesting entry that begins, "The Republican strategy of ignoring President Obama's nomination of Merrick Garland to the Supreme Court this year paid clear dividends."
Posted at 02:40 PM by Howard Bashman


"The Top Legal Stories of 2017": Online at The New Yorker, Jeffrey Toobin has a post that begins, "It's time for my semi-accurate, semi-serious (but always annual) list of predictions of the big legal stories for the coming year."

Among Toobin's predictions contained therein, "President Trump appoints Judge Diane Sykes to the Supreme Court."
Posted at 02:33 PM by Howard Bashman



"Body Shops' Filing Error Ends 11th Circ. Insurer Suit": Matthew Guarnaccia of Law360.com has an article (subscription required for full access) that begins, "The Eleventh Circuit on Tuesday said a group of automotive repair shops cannot reinstate claims against State Farm Mutual Automobile Insurance Co. and other insurers over an alleged scheme to manipulate vehicle repair costs, shooting down arguments that the court was at fault for the lateness of their appeal."

According to the article, the filing error consisted of the appellants' failure to file the appendix on appeal within the time ordinarily provided for doing so.
Posted at 01:06 PM by Howard Bashman



Access the transcript of today's U.S. Supreme Court oral argument in Czyzewski v. Jevic Holding Corp., No. 15-649: At this link.
Posted at 01:00 PM by Howard Bashman


"Scalia replacement could move court rightward on criminal justice": Joan Biskupic of CNN.com has this report.
Posted at 12:53 PM by Howard Bashman


"Bench Brackets: The Battle for the Next SCOTUS Justice (Part 1)." Bloomberg BNA has posted online this video segment featuring Kimberly Robinson and Patrick Gregory.
Posted at 10:18 AM by Howard Bashman


"When free speech comes at a cost": Jason Nark has this article in today's edition of The Philadelphia Inquirer.
Posted at 10:14 AM by Howard Bashman


"Judge Jon O. Newman to Receive 2016 Devitt Award": The Administrative Office of the U.S. Courts issued this news release today.

The news release also reports that "the selection committee, made up of federal judges and headed by Supreme Court Justice Elena Kagan, also designated one of Newman's Second Circuit colleagues, Senior Judge Ralph K. Winter, to be the Devitt Award winner in 2017."
Posted at 10:09 AM by Howard Bashman



"Lee v. Tam: Offensive Trademarks at the Supreme Court -- Speech Rights and Government Prerogative (A Series); Part Three: The Best Arguments for Allowing the Denial of Registration to Disparaging Trademarks." Erica Goldberg has this post at her "In a Crowded Theater" blog.
Posted at 08:52 AM by Howard Bashman


"Supreme Court Case Has Bankruptcy World on Edge": Libby Lewis has this article in today's edition of The New York Times about the case being argued today at the U.S. Supreme Court.
Posted at 08:44 AM by Howard Bashman


"Court paves way for Gay-Straight Alliance at middle schools": Livi Stanford of The Daily Commercial of Leesburg, Florida has this report.

Jason Ruiter and Jerry Fallstrom of The Orlando Sentinel have an article headlined "ACLU: Appeals court ruling allows gay-straight-alliance clubs."

At the "School Law" blog of Education Week, Mark Walsh has a post titled "Federal Appeals Court Revives Gay-Straight Alliance Suit in Florida."

And at "The Volokh Conspiracy," Eugene Volokh has a post titled "Algebra class means junior high school must allow Gay-Straight Alliance."

Circuit Judge William H. Pryor Jr. wrote yesterday's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit.
Posted at 08:32 AM by Howard Bashman



"Judges allow hunters to sue Fish and Wildlife Service over elephant trophy ban": Andrea Noble of The Washington Times has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued yesterday.
Posted at 08:14 AM by Howard Bashman


Tuesday, December 6, 2016

"Federal appeals judges hear serial child-molester case": Ann E. Marimow of The Washington Post has this report.

Once the U.S. Court of Appeals for the Fourth Circuit posts the audio of this oral argument online, you will be able to access it via this link.
Posted at 10:52 PM by Howard Bashman



"Ex-CIA officer convicted of leaking to Times reporter gains some traction with appeal; One of three appeals court judges on the case seemed troubled by the prosecution's trial tactics": Josh Gerstein of Politico.com has this report.

And The Associated Press reports that "Appeals court scrutinizes ex-CIA officer's leak conviction."

Once the U.S. Court of Appeals for the Fourth Circuit posts the audio of this oral argument online, you will be able to access it via this link.
Posted at 10:48 PM by Howard Bashman



"Repealing Obamacare to be first on Senate agenda in 2017": Susan Cornwell of Reuters has this report.
Posted at 10:40 PM by Howard Bashman


"Will Trump slam the door on Obama's Dreamers? The next president faces a messy Day One test on a key immigration vow." Seung Min Kim and Josh Gerstein of Politico.com have this report.
Posted at 10:36 PM by Howard Bashman


"Federal, state courts duel over Michigan's recount": Jonathan Oosting and Chad Livengood of The Detroit News have this report.

In addition, Livengood has an article headlined "Stein seeks to disqualify 2 justices in recount case" that begins, "Green Party candidate Jill Stein wants two Republican-nominated justices on the Michigan Supreme Court disqualified from considering a lawsuit seeking to stop the election recount because they're on President-elect Donald Trump's U.S. Supreme Court nomination short list."

And Tresa Baldas, Paul Egan, and Kathleen Gray of The Detroit Free Press have an article headlined "Despite dueling court rulings, Michigan recount keeps going."
Posted at 08:50 PM by Howard Bashman



"Replacing Justice Scalia: A Proven Originalist from Trump's List." Hannah C. Smith has this essay online today at National Review.
Posted at 07:52 PM by Howard Bashman


"Gavin Grimm's Transgender-Rights Case and the Problem with Informal Executive Action": Law professor Jeannie Suk Gersen has this post online today at The New Yorker.
Posted at 07:42 PM by Howard Bashman


"Katherine Magbanua pleads not guilty in Markel killing": Karl Etters of The Tallahassee Democrat has this report.
Posted at 06:51 PM by Howard Bashman


"U.S. courts look ahead to Trump as Obama cases fizzle": Lawrence Hurley of Reuters has this report.
Posted at 06:45 PM by Howard Bashman


"Brexit case sees starkly different views of UK constitution": Jill Lawless of The Associated Press has this report.
Posted at 01:52 PM by Howard Bashman


Access the transcript of today's U.S. Supreme Court oral argument in Life Technologies Corp. v. Promega Corp., No. 14-1538: At this link.
Posted at 01:39 PM by Howard Bashman


"Supreme Court rules for Samsung in smartphone fight with Apple": Andrew Chung of Reuters has this report.

Nate Raymond of Reuters reports that "U.S. Supreme Court rules for prosecutors in insider trading case."

And Lawrence Hurley of Reuters reports that "U.S. top court rules against State Farm in hurricane fraud case."
Posted at 01:14 PM by Howard Bashman



"7th Circuit rules student-athletes aren't considered 'employees'": Olivia Covington of The Indiana Lawyer has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.
Posted at 01:00 PM by Howard Bashman


"Appeals court to examine ex-CIA officer's leak conviction": The Associated Press has this report on a case being orally argued today at the U.S. Court of Appeals for the Fourth Circuit.
Posted at 10:46 AM by Howard Bashman


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

1. Justice Sonia Sotomayor delivered the opinion for a unanimous Court in Samsung Electronics Co. v. Apple Inc., No. 15-777. You can access the oral argument via this link.

2. Justice Samuel A. Alito, Jr. delivered the opinion for a unanimous Court in Salman v. United States, No. 15-628. You can access the oral argument via this link.

3. And Justice Anthony M. Kennedy delivered the opinion for a unanimous Court in State Farm Fire & Casualty Co. v. United States, ex rel. Rigsby, No. 15-513. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "High court sides with Samsung in patent dispute with Apple"; "Supreme Court upholds broad power to curb insider trading"; and "Justices uphold Katrina fraud verdict against State Farm."
Posted at 10:04 AM by Howard Bashman



"A College Newspaper Takes the Right Stand": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:57 AM by Howard Bashman


"Justices Wrestle With Role of Race in Redistricting": 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 "High court hears arguments in two redistricting cases."

David G. Savage of The Los Angeles Times reports that "Supreme Court appears in favor of ruling against racial gerrymandering in GOP-controlled states."

Richard Wolf of USA Today reports that "Race, politics divide Supreme Court justices in redistricting cases."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Hears Two Cases Probing the Use of Race When Creating Voting Districts; Allegations that legislatures in Virginia and North Carolina illegally concentrated blacks in some voting districts."

Anna Douglas of The News & Observer of Raleigh, North Carolina has an article headlined "Supreme Court on NC gerrymandering: 'Is it politics or is it race?.'"

Mark Sherman of The Associated Press reports that "Kennedy vote seems key to Supreme Court redistricting cases."

Greg Stohr of Bloomberg News reports that "U.S. Supreme Court Grapples With Racial Gerrymandering Cases."

Ariane de Vogue of CNN.com reports that "Supreme Court tackles racial gerrymander cases."

Cristian Farias of The Huffington Post reports that "Supreme Court Wants To Know How Much Race And Politics Can Mix In Gerrymandering; The justices will have a hard time drawing a line that makes everyone happy."

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Considers Race, Politics And Redistricting In 2 Cases."
Posted at 09:54 AM by Howard Bashman



"Trump could bring a different kind of diversity to the Supreme Court": Ariane de Vogue of CNN.com has this report, along with an article headlined "CNN's Donald Trump Supreme Court nominee shortlist."
Posted at 09:34 AM by Howard Bashman


"Terrorism Conviction of a Wiretapped American Is Upheld on Appeal": Charlie Savage has this article in today's edition of The New York Times.

My earlier coverage of yesterday's Ninth Circuit ruling can be accessed here and here.
Posted at 08:12 AM by Howard Bashman



Monday, December 5, 2016

"Federal appeals court upholds Mohamed Mohamud conviction": Maxine Bernstein of The Oregonian has this report.

The Associated Press reports that "Appeals court affirms conviction in Oregon car-bomb plot."

Cyrus Farivar if Ars Technica has a report headlined "Court: Secret spying of would-be Christmas tree bomber was OK; ACLU slams ruling, says this surveillance violates the constitution."

And at "The Volokh Conspiracy," Orin Kerr has a post titled "9th Circuit upholds warrantless email surveillance of person in the U.S. communicating with foreigners abroad when the foreigners are the 'targets.'"

My earlier coverage of today's Ninth Circuit ruling can be accessed here.
Posted at 10:12 PM by Howard Bashman



"Britain's Supreme Court Hears Legal Challenge to 'Brexit'": Stephen Castle will have this article in Tuesday's edition of The New York Times.
Posted at 08:44 PM by Howard Bashman


"Conviction of serial child molester at center of federal appeals case to set him free": Ann E. Marimow of The Washington Post has this article previewing a case scheduled for oral argument on Tuesday before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit.
Posted at 05:40 PM by Howard Bashman


"Florida my be pondering 'novel' lethal injection change": Dara Kam of The News Service of Florida has an article that begins, "In a move that would be certain to spur more litigation over the state's already embattled death penalty, Florida corrections officials appear to be planning what could be a dramatic change to the triple-drug lethal injection process -- including the use of a drug never before used for executions."
Posted at 05:37 PM by Howard Bashman


"Supreme Court struggles with pair of race and redistricting cases": Josh Gerstein of Politico.com has this blog post. According to Gerstein's post, "Justice Sonia Sotomayor is normally vocal in such cases, but she appeared to be suffering from a cold and laryngitis Monday, and took a lower profile role."

And Lawrence Hurley of Reuters reports that "U.S. top court weighs race challenges to legislative districts."
Posted at 05:28 PM by Howard Bashman



"Prominent class action firm sues 'professional objectors' for racketeering": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 05:22 PM by Howard Bashman


"OT2016 #7: 'Do We Even Really Know the Name?'" You can access the newly posted seventh episode of the "First Mondays" podcast, featuring Ian Samuel, Dan Epps, and two special guests, via this link.
Posted at 04:10 PM by Howard Bashman


In today's mail: I received an advance reader's copy of the book "The Campus Rape Panic: The Attack on Due Process at America's Universities," by KC Johnson and Stuart Taylor, Jr. The book's scheduled on-sale date is January 24, 2017.
Posted at 02:56 PM by Howard Bashman


Eleventh Circuit "tentatively approve[s] posting oral argument recordings on its website" beginning in approximately sixth months: As first noted in a tweet today from the Free Law Project, the judges of the U.S. Court of Appeals for the Eleventh Circuit have "tentatively approved posting oral argument recordings on its website."

On May 26, 2016, Michael Lissner, executive director of Free Law Project, sent this letter to the Eleventh Circuit's chief judge.

Following electronic discussions back and forth with that court's staff, today Lissner received an email from David J. Smith, the Eleventh Circuit's Clerk of Court, stating:

Mr. Lissner,

The Court has directed me to inform you that it has tentatively approved posting oral argument recordings on its website. However, appropriate revisions to the Court's rules will first have to go through the rulemaking process, which is anticipated to take approximately six months. In the interim, any request you make for oral argument recordings in specific cases will be considered by the Court on a case-by-case basis.

Once the Eleventh Circuit begins posting audio of its oral arguments online, the U.S. Court of Appeals for the Tenth Circuit will have the "distinction" of being the only federal appellate court that fails to do so.
Posted at 02:35 PM by Howard Bashman


Access the transcript of today's U.S. Supreme Court oral argument in McCrory v. Harris, No. 15-1262: At this link.
Posted at 02:20 PM by Howard Bashman


"The Big (Imaginary) Black Friday Bombing: How the case of conflicted teenager Mohamed Mohamud -- convinced by the FBI he was bombing a Christmas tree lighting ceremony in Portland, Oregon -- could determine whether the American government is allowed to spy wholesale on its citizens." Nicolas Medina Mora and Mike Hayes of BuzzFeed News had this report back in November 2015.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a decision, written by Circuit Judge John B. Owens, affirming the criminal conviction of Mohamed Osman Mohamud for attempting to detonate a large bomb during the annual Christmas Tree Lighting Ceremony in Pioneer Courthouse Square in downtown Portland, Oregon.

In news coverage of the Ninth Circuit's oral argument of the case, Maxine Bernstein of The Oregonian reported that "Warrantless surveillance in Portland holiday tree-lighting bomb plot challenged in court."

Ian Duncan of The Baltimore Sun reported that "Appeals court hears challenge to use of NSA data in criminal cases."

And Maria L La Ganga of The Guardian (UK) reported that "Attorneys debate use of warrantless surveillance in Portland bomb appeal; Mohamed Osman Mohamud case is first court review of a conviction based on law underpinning spy programs revealed by whistleblower Edward Snowden."

Earlier, Jacob Axelrad of The Christian Science Monitor had an article headlined "Portland Christmas tree bomber gets 30 years as questions about arrest linger; The case of Mohamed Osman Mohamud, who attempted to detonate a fake bomb at a Portland Christmas tree lighting ceremony four years ago, comes as domestic terrorism appears to be shifting; The sort of FBI sting that snared him, however, will continue."
Posted at 01:32 PM by Howard Bashman



"U.S. court puts Obamacare case on hold until Trump takes office": Lawrence Hurley of Reuters has an article that begins, "A federal appeals court on Monday agreed to put on hold until after U.S. President-elect Donald Trump takes office in January the Obama administration's appeal of a judge's ruling favoring a Republican challenge to a key part of the Obamacare law."
Posted at 01:14 PM by Howard Bashman


Access the transcript of today's U.S. Supreme Court oral argument in Bethune-Hill v. Virginia State Bd. of Elections, No. 15-680: At this link.

In early news coverage, Mark Sherman of The Associated Press reports that "Supreme Court seems concerned over race in redistricting."
Posted at 01:05 PM by Howard Bashman



In the December 12, 2016 issue of The New Yorker: In the Talk of the Town section, Jeffrey Toobin has a Comment titled "The Real Voting Scandal of 2016: Jill Stein can't call for the recount of uncast votes, but there were clearly thousands of them as a result of voter-suppression measures."

Larissa MacFarquhar has an article headlined "The Ex-Con Scholars of Berkeley: Formerly incarcerated undergrads started a group on campus to offer mentoring, support, and advocacy to other former inmates."

And Louis Menand has an A Critic at Large essay titled "Banned Books and Blockbusters: How the publishing industry took on the taboo" that begins, "Contrary to what, Googling around, you might assume, obscenity is not protected by the First Amendment."
Posted at 11:16 AM by Howard Bashman



"Georgia's Dangerous Rush to Execution": Norman S. Fletcher, formerly a Justice and Chief Justice of the Supreme Court of Georgia, has this essay online at The New York Times.
Posted at 11:07 AM by Howard Bashman


"Trump's Threat to the Constitution": Evan McMullin has this op-ed in today's edition of The New York Times.
Posted at 09:51 AM by Howard Bashman


"Court Set to Overturn Texas Death Penalty Cases": Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 09:48 AM by Howard Bashman


"Trump has broad power to implement immigration policies: legal experts." Mica Rosenberg and Julia Edwards Ainsley of Reuters have an article that begins, "President-elect Donald Trump will be able to make many of his promised changes in immigration policy unilaterally by exercising the same kind of executive powers he criticized President Barack Obama for using."
Posted at 09:42 AM by Howard Bashman


"Democrats to give Trump Cabinet picks the Garland treatment; Delay tactics could sap momentum from the president's first 100 days; 'What goes around comes around,' one lawmaker says": Burgess Everett and Elana Schor of Politico.com have this report.
Posted at 09:40 AM by Howard Bashman


"Britain's Supreme Court head says Brexit case about law, not wider politics": Michael Holden and Estelle Shirbon of Reuters have this report.

And Jill Lawless of The Associated Press reports that "UK Supreme Court hears landmark challenge to Brexit plans."

The Supreme Court of the United Kingdom is streaming live video of the oral argument on its web site via this link. And transcripts of the oral argument, updated twice daily, can be accessed via this link.
Posted at 09:36 AM by Howard Bashman



Access today's Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.
Posted at 09:32 AM by Howard Bashman


"Questions Of Race And Redistricting Return To The Supreme Court": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."

Mark Sherman of The Associated Press reports that "Supreme Court takes up cases about race in redistricting."

And online at The Atlantic, law professor Garrett Epps has an essay titled "Will the Supreme Court Limit Gerrymandering? The High Court will hear two cases related to a crucial issue -- -how states draw their legislative districts."
Posted at 09:28 AM by Howard Bashman



"Will the Election Help Normalize Business at the Supreme Court?" Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 08:04 AM by Howard Bashman


Sunday, December 4, 2016

"Supreme Court Gets Involved In Redistricting": This audio segment appeared on today's broadcast of NPR's "Weekend Edition Sunday."
Posted at 10:46 PM by Howard Bashman


"Supreme Court to hear government appeal over Brexit powers": BBC News has this report.

Michael Holden of Reuters reports that "May's Brexit plans face British Supreme Court test."

Shehab Khan of The Independent (UK) has an article headlined "Everything you need to know about the Supreme Court judgment on Brexit; Theresa May is hoping to invoke Article 50 by March."

And Steven Swinford of The Telegraph (UK) has an article headlined "Attorney General warns Supreme Court not to 'stray into areas of political judgement' in Brexit case."

The Supreme Court of the United Kingdom will be streaming live video of the oral argument on its web site via this link. And transcripts of the oral argument, updated twice daily, can be accessed via this link.
Posted at 10:18 PM by Howard Bashman



"For 2 days, Texas Supreme Court judge was known as Juror #6": Chuck Lindell of The Austin American-Statesman has this report.
Posted at 10:04 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: Earning Their Pay." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 06:45 PM by Howard Bashman


"Magbanua seeking Rivera's grand jury testimony": Karl Etters of The Tallahassee Democrat has an article that begins, "Attorneys for Katherine Magbanua will get the grand jury testimony of a confessed hitman who is now helping prosecutors piece together the particulars of Dan Markel's shooting."
Posted at 06:42 PM by Howard Bashman


"States' Rights for the Left": Jeffrey Rosen has this essay in the SundayReview section of today's edition of The New York Times.
Posted at 10:15 AM by Howard Bashman


Saturday, December 3, 2016

"Resources: Potential U.S. Supreme Court Nominees of President-Elect Donald Trump." At the web site of The Institute for Intermediate Study, Andrew Hyman has created this resource concerning those 21 individuals on the President-elect's list of potential U.S. Supreme Court nominees.
Posted at 02:48 PM by Howard Bashman


"Supreme Court to Hear Printer Cartridge Patent Case": Adam Liptak has this article in today's edition of The New York Times.

Jess Bravin of The Wall Street Journal reports that "Supreme Court to Review Lexmark's Power to Prevent Resale of Toner Cartridges; In separate case, court to review whether hospitals with religious affiliations must comply with federal law protecting employee pensions."

David G. Savage of The Los Angeles Times has a blog post titled "Supreme Court to hear case about Southern California police shooting."

And at the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Supreme Court to rule on police shooting."
Posted at 11:24 AM by Howard Bashman



"After Bitter Campaign, Election Positions Trump to Shape Rules on How You Vote": Michael Wines has this article in today's edition of The New York Times.
Posted at 11:11 AM by Howard Bashman


"Campus Press vs. Colleges: Kentucky Suit Highlights Free-Speech Fight." Stephanie Saul has this front page article in today's edition of The New York Times.

Earlier, Azeen Ghorayshi of BuzzFeed News reported that "University Will Sue Its Own Student Newspaper For Reporting On Sexual Assault Case; The University of Kentucky will take its student paper to court to avoid releasing documents detailing scientist James Harwood's alleged sexual assault against two students."

And Marjorie Kirk, the student newspaper's editor-in-chief, had an essay in The Northern Kentucky Tribune titled "Balancing ethics, minimizing harm, seeking truth related to sexual assaults on campus."
Posted at 11:08 AM by Howard Bashman



"Bowe Bergdahl, Facing Desertion Trial, Asks Obama for Pardon": Charlie Savage has this article in today's edition of The New York Times.
Posted at 11:00 AM by Howard Bashman


Friday, December 2, 2016

"Miner Co. case could be heard by U.S. Supreme Court": Evan Hendershot of The Daily Republic of Mitchell, South Dakota has this report.

According to the article, "For eight years, Arlen and Cindy Foster have questioned the U.S. Natural Resource Conservation Service's wetland designation of 0.8 acres of their rural farmland -- a designation made by the agency using a proxy site 33 miles away to determine whether the Foster's similar land would support wetland plants."
Posted at 11:02 PM by Howard Bashman



"Amid bitter partisan battles, another N.C. voting case heads to Supreme Court": Robert Barnes of The Washington Post has this report.
Posted at 10:52 PM by Howard Bashman


"Is the birth-control issue passing to a new government?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:25 PM by Howard Bashman


"Indian Nationalism Goes to the Movies": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 10:21 PM by Howard Bashman


"Ruth Bader Ginsburg Debating Whether To Cancel Winter Vacation Climbing K2": The Onion has this newsbrief today.
Posted at 03:40 PM by Howard Bashman


"Deluged Immigration Courts, Where Cases Stall for Years, Begin to Buckle": Julia Preston has this front page article in today's edition of The New York Times.
Posted at 03:36 PM by Howard Bashman


Access today's Order List of the U.S. Supreme Court: At this link. The Court today granted review in seven cases that will produce five hours of oral argument.

In early news coverage, Sam Hananel of The Associated Press reports that "Supreme Court takes up hospital pension dispute."

From Reuters, Brendan Pierson reports that "Supreme Court takes Christian-affiliated hospital pension case." And Lawrence Hurley reports that "U.S. top court to hear printer cartridge dispute on patent rights."

And Greg Stohr of Bloomberg News reports that "Religious Hospital Pension Clash Accepted by U.S. Supreme Court" and "Police Shooting Case Draws Scrutiny From U.S. Supreme Court."
Posted at 03:05 PM by Howard Bashman



Thursday, December 1, 2016

"Dylann Roof shouldn't be allowed to act as his own lawyer": Chandra Bozelko has this essay online at Reuters.
Posted at 10:56 PM by Howard Bashman


"Harvard Pledges To Support Students Here Illegally, But They Worry": Tonya Mosley of WBUR Radio in Boston has this report.
Posted at 10:38 PM by Howard Bashman


"For Judge 'knees together' Camp: Education is power." Law professor Brenda Cossman has this essay online at The Toronto Globe and Mail.
Posted at 10:22 PM by Howard Bashman


"Georgia, Florida await decision as water war trial concludes": Dan Chapman of The Atlanta Journal-Constitution has this report from Portland, Maine.

And The Associated Press reports that "Georgia-Florida water fight now in hands of special master."
Posted at 08:42 PM by Howard Bashman



"State Supreme Court To Hear Sandy Hook Parents' Appeal In Gun Lawsuit": Dave Altimari of The Hartford Courant has an article that begins, "The state Supreme Court has agreed to hear an appeal from the families of nine victims and one survivor of the Sandy Hook Elementary School shooting against the maker and sellers of the gun used in the slaying that killed 20 children and six adults."
Posted at 08:16 PM by Howard Bashman


"Ohio Supreme Court race decided by few thousand votes; Cincinnati appellate Judge Pat Fischer, a Republican, wins": The Toledo Blade has this report.

And Randy Ludlow of The Columbus Dispatch has a blog post titled "It's finally official: Fischer wins Supreme Court seat."
Posted at 08:09 PM by Howard Bashman



"UCLA law clinic takes two cases to U.S. Supreme Court; Law students, faculty prepare briefs on the merits": Joshua Rich of the UCLA Newsroom has this report.
Posted at 07:58 PM by Howard Bashman


"Uber's arbitration appeal at the 2nd Circuit is big test for Internet businesses": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 03:56 PM by Howard Bashman


"A Day in Court With Judge Margaret Ryan, Possible Scotus Nominee": Tony Mauro of The National Law Journal has this report.
Posted at 03:12 PM by Howard Bashman


SCOTUSDaily interviews Robert Barnes of The Washington Post: You can read the interview at this link.
Posted at 01:38 PM by Howard Bashman


"Supreme Court Weighs Jailed Immigrants' Right to Periodic Hearings": 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 considers whether those facing deportation can be held indefinitely."

David G. Savage of The Los Angeles Times reports that "Supreme Court weighs rules for jailing immigrants who are fighting deportation."

Richard Wolf of USA Today reports that "Supreme Court divided on rights of immigrants facing deportation."

Jess Bravin of The Wall Street Journal reports that "Obama Administration Defends Immigrant Detention Practices Before Supreme Court; Lower court found detention practices were too harsh, saying government must provide bail after six months."

Greg Stohr of Bloomberg News reports that "Deportation Clash Divides U.S. Supreme Court Justices."

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Tests Whether Detained Immigrants Have Right To Hearing."

And at the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "When can a constitutional issue be avoided?"
Posted at 01:32 PM by Howard Bashman



"Who will prevail in the sexual-orientation discrimination and parking stop cases?" Will Baude has this post at "The Volokh Conspiracy."
Posted at 08:52 AM by Howard Bashman


Access the contents of the Autumn 2016 issue of The Green Bag: Via this link.

And now that the holiday season has arrived, it's the perfect time to purchase a subscription to The Green Bag for yourself, a family member, friend, or colleague.
Posted at 08:46 AM by Howard Bashman



"Trump's 21 potential court nominees are overwhelmingly white, male and from red states": Richard Wolf of USA Today has this report.
Posted at 08:42 AM by Howard Bashman


"Appellate judges lean on 'Loving' in LGBT workplace discrimination case": Fatima Hussein has this front page article in today's edition of The Indianapolis Star.
Posted at 08:22 AM by Howard Bashman






Related Blogs