How Appealing

Tuesday, January 31, 2017

"Neil Gorsuch could fall somewhere between his hero, Justice Scalia, and former boss, centrist Justice Kennedy": David G. Savage of The Los Angeles Times has this report.

Robert Barnes of The Washington Post reports that "Trump makes his pick, but it's still Anthony Kennedy's Supreme Court."

Sara Randazzo of The Wall Street Journal reports that "Supreme Court Nominee Is Low Key, Loves the Outdoors; Neil Gorsuch, of the 10th U.S. Circuit Court of Appeals in Denver, is called an unpretentious outdoorsman."

Peter Baker of The New York Times has an article headlined "Picking One Justice, Trump Has Eye on Choosing a Second."

And Philip Rucker of The Washington Post has an article headlined "How Trump kept Gorsuch nomination a secret until the clock struck 8."
Posted at 11:10 PM by Howard Bashman



"Neil Gorsuch: Stellar resume and Scalia-like legal philosophy." Richard Wolf of USA Today has this report, in which I am quoted.

In addition, Wolf has a news analysis headlined "Neil Gorsuch could lead Supreme Court to a new conservative era."

And Trevor Hughes of USA Today has an article headlined "What Judge Neil Gorsuch's Colorado colleagues think of him."
Posted at 10:50 PM by Howard Bashman



"A Supreme Successor to Justice Scalia: Rocky Mountain native Neil Gorsuch has an impressive judicial record as an originalist." Ed Whelan has this essay online at National Review.
Posted at 10:42 PM by Howard Bashman


"Why Liberals Should Back Neil Gorsuch": Neal K. Katyal has this essay online at The New York Times.

In a companion piece also online at The New York Times, David Leonhardt has an essay titled "Why Democrats Should Oppose Neil Gorsuch."

And online at The New York Daily News, Ilya Somin has an essay titled "Supreme Court pick Neil Gorsuch has troubling views on federalism and judicial review."
Posted at 10:24 PM by Howard Bashman



"Supreme Court Nominee Takes Legal Writing to Next Level; Judge Neil Gorsuch strives for accessibility in opinions; a ruling's 'ghosts, goblins, and guillotines'": Joe Palazzolo of The Wall Street Journal has this report.
Posted at 10:08 PM by Howard Bashman


"Donald Trump nominates Colorado's Neil Gorsuch to the Supreme Court; Likely faces a tough confirmation battle in the U.S. Senate": Mark K. Matthews, John Frank, and David Migoya of The Denver Post have this report.
Posted at 09:58 PM by Howard Bashman


"In Judge Neil Gorsuch, an Echo of Scalia in Philosophy and Style": Adam Liptak of The New York Times has this report.
Posted at 09:40 PM by Howard Bashman


President Trump nominates Tenth Circuit Judge Neil M. Gorsuch to fill Justice Antonin Scalia's vacancy on the U.S. Supreme Court: Just announced live on television. Julie Pace and Mark Sherman of The Associated Press report that "Conservative Judge Gorsuch is Trump's Supreme Court choice."

Julie Hirschfeld Davis and Mark Landler of The New York Times report that "Trump Nominates Neil Gorsuch to the Supreme Court."

Robert Barnes of The Washington Post reports that "Trump picks Colo. appeals court judge Neil Gorsuch for Supreme Court."

Michael A. Memoli of The Los Angeles Times reports that "Trump chooses Neil Gorsuch, a conservative seen as likely to be confirmed, for Supreme Court."

Richard Wolf of USA Today reports that "Trump picks Neil Gorsuch for Supreme Court."

Michael C. Bender and Brent Kendall of The Wall Street Journal report that "Donald Trump Taps Judge Neil Gorsuch for Supreme Court; Appeals-court judge, if confirmed, would replace Justice Scalia."

Lawrence Hurley and Steve Holland of Reuters report that "Trump picks conservative judge Gorsuch for U.S. Supreme Court."

Greg Stohr and Joel Rosenblatt of Bloomberg News report that "Trump Picks Religious-Rights Backer Gorsuch for High Court."

Ariane de Vogue of CNN.com reports that "President Trump nominates Neil Gorsuch for Supreme Court."

Shane Goldmacher, Josh Gerstein, and Matthew Nussbaum of Politico.com report that "Trump picks Gorsuch for Supreme Court; The 49-year-old federal appeals court judge would be the court's first conservative addition in a decade."

Cristian Farias of The Huffington Post reports that "Trump Nominates Conservative Neil Gorsuch To Supreme Court; He's a star in conservative circles and could easily carry the mantle of Justice Scalia."

And The AP also reports that "Supreme Court nominee Gorsuch skeptical of gov't regulations."
Posted at 08:04 PM by Howard Bashman



"Neil Gorsuch: A Worthy Heir to Scalia." Online at National Review, Ramesh Ponnuru has an essay that begins, "President Trump's nominee to the Supreme Court will be Neil Gorsuch, a well-respected conservative whose legal philosophy is remarkably similar to that of Antonin Scalia, the justice he will replace if the Senate confirms him."
Posted at 07:22 PM by Howard Bashman


"What Trump's Supreme Court nominee can learn from Justice Scalia": Kevin Ring has this essay at FoxNews.com.
Posted at 04:28 PM by Howard Bashman


"Both Trump's Supreme Court 'finalists' will be at White House for announcement": CBS News has this report.
Posted at 04:02 PM by Howard Bashman


"Open Road Sets Supreme Court Justice Thriller 'Marshall' for October Release." Ashley Lee of The Hollywood Reporter has this report.
Posted at 03:58 PM by Howard Bashman


"Judge Thomas Hardiman: Administrative Lawyer." Jeffrey Pojanowski has this guest post today at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 03:54 PM by Howard Bashman


"Exclusive: President Trump's Supreme Court Pick, Confirmed by Two High-Ranking Officials." Benny Johnson of the Independent Journal Review has this report.

And Alex Burness of The Boulder (Colo.) Daily Camera has an article headlined "Boulder's Neil Gorsuch candidate for Supreme Court vacancy?"
Posted at 03:36 PM by Howard Bashman



"Judge Thomas Hardiman, one of Supreme Court finalists, is an avid golfer": John Strege of GolfDigest has this report.
Posted at 02:22 PM by Howard Bashman


Third Circuit begins posting oral argument videos online: The U.S. Court of Appeals for the Third Circuit has posted online its first two oral argument videos, and you can access them via this link.
Posted at 01:44 PM by Howard Bashman


"Will Trump's SCOTUS pick disappoint Trump? The president does not have a discernible judicial philosophy and could regret his choice if that justice repeatedly votes against him." Josh Gerstein of Politico.com has this report.
Posted at 01:33 PM by Howard Bashman


"Gorsuch told he is likely Trump's Supreme Court pick: CNN." Reuters has this report.
Posted at 01:22 PM by Howard Bashman


"Trump bringing Supreme Court favorites to Washington": Ariane de Vogue and Pamela Brown of CNN.com have this report.
Posted at 01:14 PM by Howard Bashman


"Federalist Court: How the Federalist Society became the de facto selector of Republican Supreme Court justices." Lawrence Baum and law professor Neal Devins have this jurisprudence essay online at Slate.
Posted at 11:03 AM by Howard Bashman


"Trump's Supreme Court pick marks end of one battle, starts new one": Joan Biskupic of CNN.com has this report.
Posted at 11:00 AM by Howard Bashman


"When the GOP stole Merrick Garland's Supreme Court seat, they set the stage for a miserable battle": The Los Angeles Times has this editorial.
Posted at 10:56 AM by Howard Bashman


"Donald Trump Supreme Court Nominee to Set Up Immediate Fight; Pick, said to be between two appeals judges, will draw partisan jockeying": Jess Bravin, Brent Kendall, and Damian Paletta of The Wall Street Journal have this report.

And Richard Wolf of USA Today reports that "Trump's Supreme Court nominee comes today."
Posted at 10:54 AM by Howard Bashman



Monday, January 30, 2017

"Supreme Court nominee has both sides preparing for battle; Trump to name pick for court on Tuesday": Alex Swoyer of The Washington Times has this report.
Posted at 10:42 PM by Howard Bashman


"Bush's Chosen One: Tom Hardiman is President Bush's pick for a federal judgeship in Pittsburgh; But his record of defending discrimators and blurring the line between church and state raises questions about just how judicious Hardiman is." Rich Lord had this article in the Pittsburgh City Paper back in June 2003.

And C-SPAN has posted at this link the video of the U.S. Senate Judiciary Committee's confirmation hearing on then-U.S. District Judge Hardiman's nomination to the U.S. Court of Appeals for the Third Circuit.
Posted at 10:24 PM by Howard Bashman



"Democrats consider backing off big battle over Trump's Supreme Court pick": Manu Raju and Ted Barrett of CNN.com have this report.
Posted at 09:08 PM by Howard Bashman


"Trump's Supreme Court pick gets personal: Without a consistent judicial philosophy, Trump is choosing between candidates with similar philosophies but contrasting life stories." Shane Goldmacher and Eliana Johnson of Politico.com have this report.
Posted at 08:22 PM by Howard Bashman


"Judge Thomas Hardiman -- 'Dark horse' Supreme Court candidate with solid conservative credentials": Amy Howe has this post at "SCOTUSblog."

And Molly Runkle has a post titled "Judge William Pryor -- A southern conservative who speaks his mind."
Posted at 06:22 PM by Howard Bashman



"How Trump Can Use the Supreme Court to Get Conservatives in Line: The president moved up his announcement of a nominee to replace Justice Antonin Scalia by two days, just as his immigration order is coming in for criticism from social conservatives." David A. Graham of The Atlantic has this report.

And online at The Washington Post, columnist Marc A. Thiessen has an essay titled "Trump should go nuclear on his Supreme Court nominee."
Posted at 05:30 PM by Howard Bashman



"Will Donald Trump pick Colorado's Neil Gorsuch for Supreme Court?" Mark K. Matthews of The Denver Post has this report.
Posted at 05:23 PM by Howard Bashman


"Justice Sotomayor says lack of black students at UM 'a real problem'": Matt Durr of MLive.com has this report.

Matt Harmon of The Michigan Daily reports that "Justices Sotomayor and Baer discuss the future of academia at Bicentennial colloquium."

And The Associated Press reports that "Justice Sotomayor says universities need more diversity."
Posted at 05:20 PM by Howard Bashman



"'Scalia Index' shines light on possible Trump Supreme Court pick": Richard Wolf of USA Today has this report.
Posted at 05:14 PM by Howard Bashman


"White House warns Senate Democrats against Supreme Court filibuster": Dave Boyer of The Washington Times has this report.

And Amanda Terkel of The Huffington Post reports that "The White House Is Outraged Democrats Aren't Giving Trump's Supreme Court Nominee A Chance."
Posted at 05:10 PM by Howard Bashman



"How a Trump Supreme Court Pick Could (or Could Not) Sway Cases": Adam Liptak of The New York Times has this report.
Posted at 02:11 PM by Howard Bashman


Indiana's statutory vape regulations violate the dormant Commerce Clause prohibition against extraterritorial legislation, Seventh Circuit rules: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.

Update: In early news coverage, Tim Evans, Tony Cook, and Mark Alesia of The Indianapolis Star report that "Federal court finds part of vaping law unconstitutional."
Posted at 01:36 PM by Howard Bashman



"A Bad Man Is Hard to Find": This Note appeared in the June 2014 issue of the Harvard Law Review.

In a decision that the U.S. Court of Appeals for the Federal Circuit issued last Friday, that court grappled with the bad men provision of the 1868 Treaty establishing the Ute reservation.
Posted at 01:25 PM by Howard Bashman



"Senate Dems will filibuster Trump's Supreme Court nominee; It will be only the second time in modern history that the Senate has mounted a filibuster against a nominee": Burgess Everett of Politico.com has this report.
Posted at 01:06 PM by Howard Bashman


"Judge Neil Gorsuch -- Colorado native and Washington, D.C., veteran": Andrew Hamm has this post at "SCOTUSblog."
Posted at 12:58 PM by Howard Bashman


"SCOTUS Nomination: Three Reasons to Suspect Gorsuch and One Reason to be Skeptical." Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 12:12 PM by Howard Bashman


"Durbin not ruling out filibuster of Trump Supreme Court nominee": Lynn Sweet of The Chicago Sun-Times has this report.
Posted at 10:42 AM by Howard Bashman


"Inside the Trial of Dylann Roof: The complicated moral calculations that followed a horrific crime." Jelani Cobb has this article in the February 6, 2017 issue of The New Yorker.
Posted at 10:36 AM by Howard Bashman


"How Trump's Nominee Will Alter The Supreme Court": Oliver Roeder has this post at FiveThirtyEight.
Posted at 09:55 AM by Howard Bashman


"Early wins against Trump immigration order may not last; Initial court rulings protect travelers caught in limbo, but a full derailing of the president's directive will be tough": Josh Gerstein and Seung Min Kim of Politico.com have this report.
Posted at 09:35 AM by Howard Bashman


"Trump to announce Supreme Court pick on Tuesday": Richard Wolf and David Jackson of USA Today have an article that begins, "Setting up a high-stakes legal and political battle, President Trump said Monday he will announce his Supreme Court choice in a prime-time address Tuesday night, two days earlier than scheduled."

Reuters reports that "Trump to announce U.S. Supreme Court nominee on Tuesday."

And Sophie Tatum and Jeff Zeleny of CNN.com report that "Donald Trump Supreme Court choice announcement coming Tuesday 8 p.m."

The announcement is formally scheduled for 8 p.m. eastern time on Tuesday. In the recent past, the identity of the nominee has emerged in the hours before the President's official announcement, so stay tuned!
Posted at 09:32 AM by Howard Bashman



"Trump's team gets ready for Supreme Court fight; With a pick expected this week, Trump's advisers and outside groups are preparing a $10 million campaign to sway Senate Democrats": Shane Goldmacher of Politico.com has this report.

Mary Clare Jalonick of The Associated Press reports that "Trump's justice pick to trigger intense pressure on Senate."

And Jeff Zeleny and Dan Merica of CNN.com report that "Trump set to make his Supreme Court pick as part of a frenetic Week 2."
Posted at 07:50 AM by Howard Bashman



Sunday, January 29, 2017

"The Judicial Branch Grabs Back: Four female judges were the heroes of the fight against Trump's executive order." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:08 PM by Howard Bashman


"The Supreme Court Nomination Fight Might Now Be About Trump's Ban; President Trump is going to try to change the subject this week by announcing his Supreme Court nominee; But the immigration executive order has fired up a debate about executive authority and the role of the courts": Chris Geidner of BuzzFeed News has this report.
Posted at 10:00 PM by Howard Bashman


"Kennedy, not Trump, will determine the Supreme Court's future": Ronald A. Klain has this essay online at The Washington Post.
Posted at 09:54 PM by Howard Bashman


"Trump reportedly could name Supreme Court pick as early as Monday": FoxNews.com has this report.

Randy Ellis of The Oklahoman reports that "Federal appellate judge with Oklahoma ties among top U.S. Supreme Court candidates."

Online at The Patriot-News of Harrisburg, Pennsylvania, Tony May has an essay titled "Yinz gonna be a Supreme Court Justice an 'at? Pittsburgh's SCOTUS moment may be here."

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Scalia's Replacement Won't Be Quite So Originalist."
Posted at 09:16 PM by Howard Bashman



"Can slurs be trademarked? In this case, the Supreme Court should say yes." The Washington Post has published this editorial.
Posted at 08:46 PM by Howard Bashman


"Rule of Law 1, Trump's Immigration Ban 0": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 08:26 PM by Howard Bashman


"J.S.G. Boggs, Artist, Dies at 62; He Made Money. Literally." William Grimes is the author of this obituary, which appears in today's edition of The New York Times.

Richard Danielson of The Tampa Bay Times reports that "Artist J.S.G. Boggs, known worldwide for his drawings of money, dies in Tampa at 62."

And Brian O'Neill of The Pittsburgh Post-Gazette has written an obituary headlined "J.S.G. Boggs: Artist who drew money and government attention."

Lawrence Weschler of The New Yorker had a memorable series of articles about Boggs that you can access here, here, here, and here (subscription required for full access).
Posted at 06:14 PM by Howard Bashman



"Remembering Roe": Law professor Geoffrey R. Stone has this blog entry at The Huffington Post.
Posted at 03:16 PM by Howard Bashman


"Rulings on Trump's Immigration Order Are First Step on Long Legal Path": Adam Liptak of The New York Times has this report.
Posted at 03:07 PM by Howard Bashman


"Mr. President, use a litmus test to choose your Supreme Court nominee": Law professors Saikrishna Prakash and John Yoo have this op-ed online at The Los Angeles Times.
Posted at 09:40 AM by Howard Bashman


Saturday, January 28, 2017

"Neil Gorsuch naturally equipped for his spot on Trump's Supreme Court shortlist": Robert Barnes of The Washington Post has this report.

Kimberly Kindy of The Washington Post has an article headlined "Pryor: Perhaps the most polarizing Supreme Court justice possibility."

And Sari Horwitz of The Washington Post has an article headlined "Judge Thomas Hardiman has taken an unorthodox road to the federal bench."
Posted at 10:32 PM by Howard Bashman



"D.C. Circuit Review -- Reviewed: Standing." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 01:02 PM by Howard Bashman


"Conservatives feel happy about Trump's Supreme Court options": Mark Sherman of The Associated Press has this report. And The AP also has an item headlined "A look at the reported top contenders for the Supreme Court."

Ariane de Vogue of CNN.com has a report headlined "Thomas Hardiman, the non-Ivy League Supreme Court candidate."

Audrey Taylor of ABC News has a report headlined "Judge Thomas Hardiman: What You Need to Know About the Possible Supreme Court Nominee."

Edmund DeMarche of FoxNews.com reports that "McConnell refuses to say whether 'nuclear option' in Supreme Court nomination is on table."

Shane Goldmacher of Politico.com has a blog post titled "Trump says he wants Supreme Court nominee 'who's going to get approved.'"

And in commentary, The Wall Street Journal has an editorial titled "Trump's Supreme Choices: William Pryor doesn't deserve the attacks from some on the right." The editorial concludes:

Mr. Trump could always surprise everybody by choosing someone else, or even someone off the list like the distinguished Sixth Circuit Judge Jeff Sutton. Most important is to choose a nominee with a long enough record of writing and judging so Mr. Trump's supporters can be confident he or she will be another Scalia or Justice Thomas, not another David Souter.

Posted at 12:52 PM by Howard Bashman


Friday, January 27, 2017

"McConnell warns Trump to back off on killing filibuster; In a POLITICO interview, the Senate leader mocked his counterpart, Chuck Schumer, ahead of a Supreme Court showdown": Burgess Everett and Seung Min Kim of Politico.com have this report.
Posted at 08:46 PM by Howard Bashman


"Pryor being hit from left and right in Supreme Court bid": Bill Rankin of The Atlanta Journal-Constitution has this report.
Posted at 08:26 PM by Howard Bashman


"Trump Faces Criticism Over Prospect of Enhanced Interrogation Techniques; President leaves open the possibility of using techniques once banned as torture": Carol E. Lee, Jess Bravin, and Shane Harris of The Wall Street Journal have this report.
Posted at 03:30 PM by Howard Bashman


"How conservative judges unintentionally sabotaged President Trump's immigration crackdown": Shikha Dalmia has this essay online at The Week.
Posted at 03:22 PM by Howard Bashman


"Court of Appeals Mourns Passing of Retired Judge William A. Norris": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 03:20 PM by Howard Bashman


"Supreme Court denies Wallace Hall's bid for UT records": Chuck Lindell of The Austin American-Statesman has an article that begins, "University of Texas System Regent Wallace Hall Jr. is not entitled to confidential records of an investigation into UT admissions, the Texas Supreme Court ruled Friday."

Madlin Mekelburg of The Dallas Morning News reports that "Texas Supreme Court rules against UT System Regent Wallace Hall in records fight."

Nicole Cobler of The Houston Chronicle reports that "State Supreme Court rules against Wallace Hall in records suit."

Matthew Watkins of The Texas Tribune reports that "Texas Supreme Court rules against UT Regent Wallace Hall in records case; The quest by University of Texas System Regent Wallace Hall to win access to confidential student records is over; The Texas Supreme Court ruled Friday that Hall had no standing to sue the chancellor of the system he oversees."

And Anusha Lalani of The Daily Texan reports that "Texas Supreme Court rules against UT System Regent Wallace Hall."

Today's ruling of the Supreme Court of Texas consists of the opinion of the court and four concurring opinions (here, here, here, and here).
Posted at 03:14 PM by Howard Bashman



"Trump backs Senate rules change for vote on high court pick": David Jackson and Richard Wolf of USA Today have this report.
Posted at 10:55 AM by Howard Bashman


"Trump would do well to consider Neil Gorsuch for Supreme Court": The Denver Post has an editorial that begins, "President Donald Trump is on the verge of making his most enduring appointment to date and we are encouraged by one of the names on his list to replace former Supreme Court Justice Antonin Scalia."
Posted at 10:38 AM by Howard Bashman


"Thomas Hardiman, under consideration for Supreme Court, is a champion of gun rights": David G. Savage of The Los Angeles Times has this report.
Posted at 10:35 AM by Howard Bashman


"Bureaucrats May Be The Losers If Gorsuch Wins A Seat On Supreme Court": Daniel Fisher has this post at Forbes.com.
Posted at 09:56 AM by Howard Bashman


"Arkansas governor signs bill restricting common procedure for second-trimester abortions": John Moritz has this front page article in today's edition of The Arkansas Democrat-Gazette.
Posted at 09:55 AM by Howard Bashman


"Bend It, Don't End It: Resistance to Anti-Trump Cliches Is Futile; In the face of an atavistic opponent, can the left make the moral universe great again?" Christopher J. Scalia has this essay online at The Wall Street Journal.
Posted at 09:50 AM by Howard Bashman


"The President and the Detainees": Law professor Aziz Z. Huq has posted this article on SSRN.
Posted at 09:42 AM by Howard Bashman


Thursday, January 26, 2017

"Trump Fulfills Conservative Wishes With High Court Shortlist": Greg Stohr of Bloomberg News has this report.

FoxNewscom has a report headlined "Trump says he's 'pretty much' made his decision on Supreme Court nominee."

And Burgess Everett of Politico.com reports that "Trump backs nuclear option if Dems block SCOTUS nominee; The stance is sure to ratchet up tensions ahead of a showdown with Democrats over his high court pick."
Posted at 08:50 PM by Howard Bashman



"The One SCOTUS Nominee Democrats Should Stop at Any Cost: William Pryor has no place on the Supreme Court." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 06:18 PM by Howard Bashman


"When Democrats Blocked an 'Out of the Mainstream' Justice": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 06:14 PM by Howard Bashman


"Sen. Brown, Rep. Waters move to defend CFPB in D.C. Circuit appeal": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 06:10 PM by Howard Bashman


"Ex-Rabobank traders seek reversal in U.S. of Libor convictions": Nate Raymond of Reuters has this report.
Posted at 06:08 PM by Howard Bashman


"How to kill a Supreme Court nomination": Joan Biskupic of CNN.com has this report.
Posted at 05:22 PM by Howard Bashman


"Fans have fantasy sports, Supreme Court nerds have FantasySCOTUS": Richard Wolf of USA Today has this report.
Posted at 03:02 PM by Howard Bashman


"'Fatal Vision' surgeon pursues appeal, insists he's innocent": The Associated Press has this report.

You can access via this link (69.2 MB mp3 audio file) the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit.
Posted at 02:18 PM by Howard Bashman



"Echoes from a Gendered Court: Examining the Justices' Interactions During Supreme Court Oral Arguments": Adam Feldman and Rebecca D. Gill have posted this article at SSRN.
Posted at 01:34 PM by Howard Bashman


"Hardiman May Be Most Moderate of Trump SCOTUS Finalists": Patrick Gregory of Bloomberg BNA has this report.
Posted at 01:08 PM by Howard Bashman


"In Trump era, Democrats and Republicans switch sides on states' rights": Dan Levine of Reuters has this report.
Posted at 10:42 AM by Howard Bashman


"Trump's sister weighs in on Supreme Court pick; The president's older sibling serves on a federal appeals court with Judge Thomas Hardiman, one of the two leading contenders to fill the vacant Supreme Court seat": Shane Goldmacher of Politico.com has this report.
Posted at 10:24 AM by Howard Bashman


"Top court reviews free speech case of man's anti-police rap": Mark Scolforo of The Associated Press has an article that begins, "Pennsylvania's highest court is reviewing the conviction of a Pittsburgh man for making threats against police in a rap song after he was charged with drug offenses."

You can view Monday's order of the Supreme Court of Pennsylvania granting allowance of appeal in the case at this link.
Posted at 09:55 AM by Howard Bashman



"'Orange Is the New Black' defendant loses again in Chicago court": Kim Janssen of The Chicago Tribune has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued on Monday.
Posted at 09:50 AM by Howard Bashman


"Jeffrey MacDonald case gets new airing in 2 courts -- law and public opinion": Anne Blythe of The News & Observer of Raleigh, North Carolina has this report.

And The Associated Press reports that "Decades after killings, 'Fatal Vision' case back in court."

The matter is scheduled for oral argument today before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit. Once the oral argument audio becomes available online, I will link to it.
Posted at 09:45 AM by Howard Bashman



Wednesday, January 25, 2017

"Trump Supreme Court Adviser Praises Judge Neil Gorsuch as Potential Heir to Scalia's Legacy": Jennifer Hansler of ABC News has this report.
Posted at 11:20 PM by Howard Bashman


"Why Republicans Could Regret Overturning Roe v. Wade": Eyal Press has this post online at The New Yorker.
Posted at 09:58 PM by Howard Bashman


"Trump can't break the Supreme Court": Charles Lane has this essay online at The Washington Post.
Posted at 08:53 PM by Howard Bashman


"How Antonin Scalia's Ghost Could Block Donald Trump's Wall": Law professors Daniel Hemel, Jonathan Masur, and Eric Posner have this op-ed online at The New York Times.
Posted at 08:50 PM by Howard Bashman


"Trump finished with Supreme Court interviews": Jim Acosta and Dan Merica of CNN.com have this report.

And Alex Swoyer of The Washington Times reports that "Conservative groups trying to derail two potential Supreme Court picks; Pressure Donald Trump on high court nominee."
Posted at 08:05 PM by Howard Bashman



"Brexit or Not, Parliament Reigns Supreme": Online today at Bloomberg View, law professor Noah Feldman has an essay that begins, "The U.K. Supreme Court's judgment on Tuesday requiring Parliament to authorize Brexit was conservative in the deepest and best sense of the term."
Posted at 02:58 PM by Howard Bashman


"Searching for Justice Scalia: Measuring the 'Scalia-ness' of the Next Potential Member of the U.S. Supreme Court." Jeremy Kidd, Riddhi Sohan Dasgupta, Ryan D. Walters, and James Cleith Phillips have posted on SSRN this updated version of their paper.

According to the second paragraph of the paper's abstract:

We have updated the paper in light of recent developments (see pages 12-15). Specifically, the shortlist is now rumored to be down to three names: Gorsuch, Hardiman, and Pryor. We have calculated the likelihood that the potential nominees will be the most Scalia-like of the group, and for comparison's sake have added data on Chief Justice John Roberts and Justice Samuel Alito from their time on the D.C. Circuit and Third Circuit, respectively. We find that Gorsuch (62.2-79.4%) and Pryor (70.5-76.7%) have much higher likelihoods of being the most Scalia-like of the potential nominees than Hardiman (34.8-42.9%). In fact, Hardiman looks more like John Roberts (32.6-33.7%) or Samuel Alito (39.4-52.8%) did when they were federal appellate judges.
Interesting stuff!
Posted at 02:48 PM by Howard Bashman


"Trump Hires A Veteran Of Past Republican Judicial Wars To Handle Court Nominations; Makan Delrahim, a former top staffer on the Senate Judiciary Committee, has been hired as deputy White House counsel; Sources say he'll work on judicial nominations, including the upcoming US Supreme Court pick": Zoe Tillman of BuzzFeed News has this report.
Posted at 02:36 PM by Howard Bashman


"Trump Supreme Court justice pick narrows to two names": Major Garrett, Jan Crawford, and Adam Aigner-Treworgy of CBS News have this report.
Posted at 11:32 AM by Howard Bashman


"Here's why I think Hardiman is more likely than Gorsuch to be the nominee": Matthew Stiegler has this post today at his "CA3blog."
Posted at 11:25 AM by Howard Bashman


"Bringing Cases in an Unusual Term: Top Petitioners and Cert Amici": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 11:09 AM by Howard Bashman


"A Supreme Court Pick Is Promised. A Political Brawl Is Certain." Michael D. Shear and Adam Liptak have this front page article in today's edition of The New York Times.

The new installment of Carl Hulse's "On Washington" column in today's edition of The New York Times is headlined "Democrats, With Garland on Mind, Mobilize for Supreme Court Fight."

And online at The Chicago Tribune, columnist John Kass has an essay titled "Democrats should support Scalia-like nominee to Supreme Court."
Posted at 08:46 AM by Howard Bashman



"How Neil Gorsuch could end up as Donald Trump's Supreme Court nominee": Ariane de Vogue of CNN.com has this report.
Posted at 08:40 AM by Howard Bashman


"Trump to make Supreme Court justice pick on February 2": Reuters has this report.
Posted at 08:33 AM by Howard Bashman


Tuesday, January 24, 2017

"Trump close to naming nominee for Supreme Court": Robert Barnes of The Washington Post has this report.

Jess Bravin of The Wall Street Journal reports that "Donald Trump Narrows List of Supreme Court Nominees; List comprises handful of federal appellate judges admired in conservative circles to replace Justice Antonin Scalia."

Greg Stohr of Bloomberg News reports that "Trump Supreme Court List Said to Be Topped by Hardiman, Gorsuch."

And at "Above the Law," David Lat has a post titled "Supreme Court Update: And Then There Were Three Four."
Posted at 10:42 PM by Howard Bashman



"Pittsburgh federal judge Thomas Hardiman on Trump's final list to fill Supreme Court vacancy": Paula Reed Ward and Tracie Mauriello of The Pittsburgh Post-Gazette have this article, in which I am quoted.

And Chris Mondics and Mari A. Schaefer of The Philadelphia Inquirer report that "Pennsylvania judge reportedly on Trump's Supreme Court shortlist."
Posted at 10:22 PM by Howard Bashman



"Judge certifies class in lawsuit challenging PACER fees": Josh Gerstein of Politico.com has this blog post.
Posted at 07:33 PM by Howard Bashman


"SCOTUS Associate Justice Sonia Sotomayor visits ASU; The Associate Justice to the Supreme Court discussed both personal adversities and the role of the court in modern America": Ryan Cloughley of The State Press, the student newspaper of Arizona State University, has this report.

And Mary Beth Faller of ASU Now reports that "Justice Sonia Sotomayor tells ASU crowd that confirmation process is broken; Supreme Court judge says good high-court nominees would never predict how they would rule ahead of time on a given case."
Posted at 05:48 PM by Howard Bashman



"Trump narrows high court search, to name conservative next week": Lawrence Hurley of Reuters has this report.
Posted at 05:40 PM by Howard Bashman


"7th Circuit: You can't sue over personal data unless it's at risk." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 05:30 PM by Howard Bashman


"Trump narrows down Supreme Court nominee list to 3": Mark Sherman and Vivian Salama of The Associated Press have this report.
Posted at 05:14 PM by Howard Bashman


"Trump's Supreme Court Choices Come Into Focus": Adam Liptak of The New York Times has this report.
Posted at 03:42 PM by Howard Bashman


The other short list: Only one of the three judges on the supposed Trump SCOTUS really short list is also on the list of my 12 favorite federal appellate judge writers.

And the Case Western Reserve University School of Law has posted online a video titled "Of Lions and Bears, Judges and Legislators: Some Reflections on the Legacy of Justice Scalia" featuring Tenth Circuit Judge Neil M. Gorsuch.
Posted at 03:35 PM by Howard Bashman



"Trump set to make Supreme Court choice this week, several judges on short list": Bill Mears of FoxNews.com has this report.
Posted at 03:24 PM by Howard Bashman


"Oral Argument in Lee v. Tam: Justice by Justice." Erica Goldberg recently had this post at her "In a Crowded Theater" blog.

Her post concludes, "Given the views and concerns of the Justices, I think this case may split 4-4. A split decision would create no Supreme Court precedent but would uphold the decision of the Federal Circuit, which invalidated the disparagement bar as unconstitutional."
Posted at 03:21 PM by Howard Bashman



"Trump says he will pick Supreme Court justice next week": David M Jackson and Richard Wolf of USA Today have this report.

And Eliana Johnson and Shane Goldmacher of Politico.com have an article headlined "Trump's down to three in Supreme Court search; Trump plans to nominate a replacement for the late Justice Antonin Scalia next week" that begins, "President Donald Trump has narrowed his first Supreme Court nomination down to three finalists with Tenth Circuit judge Neil Gorsuch and Third Circuit judge Thomas Hardiman emerging as the frontrunners while Eleventh Circuit Judge Bill Pryor remains in the running but fading, according to people familiar with the search process."
Posted at 01:42 PM by Howard Bashman



"'Equal Right to the Poor'": Law professor Richard M. Re has posted on SSRN this article -- forthcoming in the University of Chicago Law Review -- focusing on the federal judicial oath.
Posted at 12:00 PM by Howard Bashman


"Big Money's Other Casualty: Fair Courts -- Record spending by secretive outside special interests in state supreme court races poses a stark threat to the impartiality of the nation's courts." Dorothy Samuels and Alicia Bannon have this article online at The American Prospect.
Posted at 11:52 AM by Howard Bashman


"Eight Justices are Enough: A Proposal to Improve the United States Supreme Court." Law professor Eric Segall has posted this paper on SSRN (via "Legal Theory Blog").
Posted at 11:48 AM by Howard Bashman


"Appeals court won't rehear case on Microsoft data abroad": Josh Gerstein of Politico.com has a blog post that begins, "A federal appeals court is letting stand a ruling in a closely-watched case holding that Microsoft did not have to comply with a U.S. government demand for data stored overseas."

You can access today's order of the U.S. Court of Appeals for the Second Circuit denying rehearing en banc by an evenly divided vote, and the opinions concurring in and dissenting from the order, at this link. And yes, Circuit Judge Dennis Jacobs still prefers "in banc" to "en banc."
Posted at 10:36 AM by Howard Bashman



The D.C. Circuit begins tackling the difficult issues: Today, the U.S. Court of Appeals for the D.C. Circuit issued a "Notice Regarding 'Line Standing.'"

The notice provides in full:

Only individuals who actually plan to attend argument will be allowed to line up inside the courthouse for Court of Appeals arguments. "Line standers" will not be permitted.
Who will have standing to challenge the new line standing regulation remains to be determined. The D.C. Circuit also continues to discourage acronyms from attending its oral arguments.
Posted at 10:18 AM by Howard Bashman


"Will a Tiny, Blind, Subterranean Bug Be the Undoing of the Federal Leviathan?" Today at the blog of the Library of Law and Liberty, Mark Pulliam has a post that begins, "In 1942, deciding the case of Wickard v. Filburn, the U.S. Supreme Court deemed the wheat grown by an Ohio farmer purely for his own use and consumption -- not for sale -- to 'exert a substantial effect on interstate commerce.'"
Posted at 10:12 AM by Howard Bashman


"'Brexit' Talks Can't Start Without Parliament, U.K. Supreme Court Rules": Katrin Bennhold of The New York Times has this report.

You can access today's ruling of the Supreme Court of the United Kingdom at this link. And the court has also issued this press summary.
Posted at 10:06 AM by Howard Bashman



"Conservative Colorado judge emerges as a top contender to fill Scalia's Supreme Court seat": David G. Savage of The Los Angeles Times has this report.

And online at SSRN, law professor Leah M. Litman has posted a paper titled "Judge Gorsuch & Johnson Resentencing."
Posted at 09:56 AM by Howard Bashman



Monday, January 23, 2017

"Trump's judicial picks will affect far more than the Supreme Court": Michael Doyle of McClatchyDC has this report.
Posted at 10:28 PM by Howard Bashman


"Appeals Court Makes It Tougher for Content Companies to Sue Tech Services for Mass Piracy; A legally infamous adult publisher -- along with friends at the Recording Industry Association of America -- suffer a defeat": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 10:02 PM by Howard Bashman


"Federal appeals panel, citing Oregon's anti-SLAPP law, tosses out lawsuit against rape accuser": Mike Rogoway of The Oregonian has an article that begins, "A federal appeals court has tossed out a Portland man's defamation lawsuit against a woman who accused him of sexual assault, citing an Oregon law designed to discourage suits that impinge on free expression."

You can access last Tuesday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:44 PM by Howard Bashman



"Is Texas About to Execute an Innocent Man? Terry Edwards' murder conviction is irrevocably flawed." Jeremy Stahl has this jurisprudence essay online at Slate.
Posted at 06:08 PM by Howard Bashman


"Texas Tries to Revoke Some Gay-Marriage Rights": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 06:05 PM by Howard Bashman


"Justices Set to OK Offensive Trademarks?" Kenneth Jost has this post today at his blog, "Jost on Justice."
Posted at 06:02 PM by Howard Bashman


"Why Obama Struggled at Court, and Trump May Strain to Do Better": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 05:57 PM by Howard Bashman


"Potential nominee profile: Thomas Hardiman." Amy Howe has this post today at "SCOTUSblog."

And on Friday, Howe had a post titled "Potential nominee profile: Thomas Lee."
Posted at 05:44 PM by Howard Bashman



"OT2016 #12: 'That Makes No Sense.'" You can access the new episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 10:16 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.

And in Abbott v. Veasey, No. 16-393, Chief Justice John G. Roberts, Jr. issued a statement respecting the denial of certiorari.

In early news coverage, The Associated Press reports that "High court won't hear 'Sister Wives' appeal over bigamy law" and "Supreme Court rejects Texas appeal over voter ID law."
Posted at 09:35 AM by Howard Bashman



Sunday, January 22, 2017

"Foreign Payments to Trump Firms Violate Constitution, Suit Will Claim": Eric Lipton and Adam Liptak of The New York Times have this report.
Posted at 09:52 PM by Howard Bashman


"Blankenship conviction upheld by appeals court": Wendy Holdren of The Register-Herald of Beckley, West Virginia has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued Thursday.
Posted at 09:40 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: 'The U.S. Court of Appeals for the D.C. Circuit will be closed on . . . January 20, 2017.'" Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 09:20 PM by Howard Bashman


"GOP eyes new push to break up California court": Lydia Wheeler of The Hill has an article that begins, "Republican lawmakers are eyeing a new push to break up the California-based federal court of appeals, which is widely considered one of the most liberal courts in the country."
Posted at 01:37 PM by Howard Bashman


"How Trump can use Obamacare to kill Obamacare: The same executive authority the Obama administration used to implement the law may now be used to dismantle it." Dan Diamond of Politico.com has this report.
Posted at 01:08 PM by Howard Bashman


"Sen. Schumer willing to block Trump's Supreme Court pick 'if the nominee is not bipartisan and mainstream'": Adam Edelman of The New York Daily News has this report.

Eric Bradner of CNN.com reports that "Schumer vows opposition to any 'out of the mainstream' Supreme Court pick."

And Mallory Shelbourne of The Hill reports that "Schumer ready to leave Supreme Court seat open."
Posted at 12:58 PM by Howard Bashman



Saturday, January 21, 2017

"Supreme Court unlikely to overturn abortion rights anytime soon": Richard Wolf of USA Today has this report.
Posted at 11:10 PM by Howard Bashman


"In rare reversal, Texas Supreme Court takes gay marriage case": Chuck Lindell of The Austin American-Statesman has an article that begins, "In a rare reversal, the all-Republican Texas Supreme Court accepted a gay marriage case Friday after pressure from state GOP leaders and grass-roots activists."

Mike Ward of The Houston Chronicle reports that "High court takes Houston same-sex benefits case after prod by GOP leaders."

Lauren McGaughy of The Dallas Morning News reports that "At GOP leaders' urging, Texas Supreme Court will consider undoing gay spousal rights."

Alexa Ura of The Texas Tribune reports that "After GOP appeal, Texas Supreme Court agrees to take up same-sex marriage case; The Texas Supreme Court reversed course and agreed to take up a case involving benefits for married same-sex couples after Republican leaders urged the court to reconsider its earlier 8-1 decision to let a lower court decision stand."

And John Wright of The Texas Observer reports that "Texas GOP Still Trying to Chip Away at Gay Marriage Ruling; Proposals in the Legislature and a case taken by the Texas Supreme Court attempt to turn back some of the federal law allowing gay marriage."
Posted at 01:48 PM by Howard Bashman



"Law school clinic case advances to Supreme Court; Outcome could have major ramifications for workers rights": The Cavalier Daily, the student newspaper of the University of Virginia, has this report.
Posted at 01:30 PM by Howard Bashman


"U.S. Supreme Court to hear case of former Akron woman deported over husband's Bosnian war crimes": Eric Heisig of The Cleveland Plain Dealer has this report.
Posted at 01:26 PM by Howard Bashman


"Workplace lawsuits could rise under Trump, but Supreme Court still a wild card": Alexia Elejalde-Ruiz of The Chicago Tribune has this report.
Posted at 01:22 PM by Howard Bashman


"Meet Donald Trump's Potential Picks for Supreme Court Justice": Audrey Taylor of ABC News has this report.

And today's broadcast of "CBS This Morning: Saturday" contained a video segment featuring Jan Crawford titled "A look at the coming Supreme Court battles."
Posted at 01:18 PM by Howard Bashman



"Immunity in High Places: Can government officials be held individually responsible for constitutional violations? And why one NFL team is so interested in a trademark challenge." Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 01:08 PM by Howard Bashman


"Chief Justice Roberts: Will he be Trump's friend or foe?" Richard Wolf of USA Today has this report.
Posted at 11:54 AM by Howard Bashman


"3rd Circuit says Spokeo can't kill data breach class actions": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post on a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.
Posted at 11:50 AM by Howard Bashman


"U.S. top court to hear Bristol-Myers out-of-state injury appeal": Erica Teichert of Reuters has this report.
Posted at 11:25 AM by Howard Bashman


"How President Trump will shape the federal courts": Jonathan H. Adler has this post at "The Volokh Conspiracy."
Posted at 11:22 AM by Howard Bashman


Friday, January 20, 2017

"Supreme Court to hear case about arrests at party in D.C. house": Robert Barnes has this article in today's edition of The Washington Post.
Posted at 08:40 PM by Howard Bashman


"How the States Can Help Trump Make Federalism Great Again: State attorneys general should work together to roll back the federal government's overreach." Law professor Josh Blackman has this essay online at National Review.
Posted at 08:20 PM by Howard Bashman


Access the audio of this week's U.S. Supreme Court oral arguments: Via this link.
Posted at 02:41 PM by Howard Bashman


"Supreme Court Weighs Whether Bush Officials Can Be Sued Over Post-9/11 Abuse": Eric Lichtblau of The New York Times has this report.

Ann E. Marimow and Abigail Hauslohner of The Washington Post report that "Post-Sept. 11 profiling case tests government officials' broad immunity from civil suits."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Appears Split on Whether Immigrants Captured in 9/11 Sweeps Can Sue Officials; Plaintiffs held in Brooklyn detention center under harsh conditions allege violations of constitutional rights by former Attorney General John Ashcroft, other government officials."

Richard Wolf of USA Today reports that "Supreme Court justices favor Bush officials in Sept. 11 detainee case."

And Cristian Farias of The Huffington Post reports that "Obama Lawyer Urges Supreme Court To Shield High-Ranking Officials From Lawsuits; The administration's final argument before the justices could empower the next president."

You can access at this link the transcript of Wednesday's U.S. Supreme Court oral argument in Ziglar v. Abbasi, No. 15-1358.
Posted at 02:38 PM by Howard Bashman



"Detention of Innocent Muslims Is a Horror We Can't Forget": Law professor Noah Feldman has this essay online at Bloomberg View.

And online at The Los Angeles Times, columnist Michael McGough has an essay titled "How far will Trump be allowed to go on Muslim immigrants? The Supreme Court may be giving us a preview."
Posted at 02:06 PM by Howard Bashman



"'Dismemberment' abortion law set for Kansas Supreme Court hearing": Dion Lefler of The Wichita Eagle has this report.
Posted at 02:03 PM by Howard Bashman


"Trump on Supreme Court pick: 'I think in my mind I know who it is.'" Ariane de Vogue of CNN.com has this report.
Posted at 01:44 PM by Howard Bashman


"Supreme Court Review of The Short-Listers' Decisions": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 01:33 PM by Howard Bashman


Thursday, January 19, 2017

"Justices Appear Willing to Protect Offensive Trademarks": 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 "Can disparaging trademarks be denied? The Supreme Court is skeptical."

David G. Savage of The Los Angeles Times has an article headlined "Asian American band the Slants takes its trademark battle to the Supreme Court: Is it free speech or a racial slur?"

Richard Wolf of USA Today reports that "Justices dubious about government denials of 'derogatory' trademarks."

Brent Kendall of The Wall Street Journal reports that "High Court Ponders Whether the Right to Offend Can be Trademarked; Argument by Asian-American band the Slants that government's refusal to register certain trademarks because of content is burden to free speech finds support among justices."

Cristian Farias of The Huffington Post has an article headlined "Who's To Say The Word 'Slants' Offends Asians? The Supreme Court, That's Who; How an Asian-American band -- and its First Amendment case -- gains an NFL owner as a fan."

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Considers Trademark Battle Over Band Name."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Lee v. Tam, No. 15-1293.
Posted at 09:58 AM by Howard Bashman



"UK Supreme Court says it will give Brexit trigger case ruling on Tuesday": Michael Holden of Reuters has this report.
Posted at 09:45 AM by Howard Bashman


"The Supreme Court's Next Gun Battle": Linda Greenhouse has this essay online today at The New York Times.
Posted at 09:42 AM by Howard Bashman


"Indiana's sole minority Supreme Court Justice to retire this year": Fatima Hussein of The Indianapolis Star has this report.
Posted at 09:38 AM by Howard Bashman


Tuesday, January 17, 2017

Programming note: The 2017 Appellate Judges Education Institute Summit will take place in Long Beach, California in November 2017. And tomorrow evening and Thursday morning, the AJEI's Education Committee will meet in Long Beach to plan the substance of this year's Summit. As a result, I will be spending much of tomorrow in transit to California.

The U.S. Supreme Court is expected to issue one or more opinions in argued cases tomorrow at 10 a.m. eastern time. Once the Court posts any opinions online, you can access them via this link.

And tomorrow afternoon, via this link, you will be able to access the transcripts of the cases that are being orally argued tomorrow morning at the U.S. Supreme Court.

As always while I am traveling, more frequent appellate-related retweets will appear on this blog's Twitter feed, which I hope you will choose to follow if you haven't already done so.
Posted at 08:04 PM by Howard Bashman



"Liberal U.S. justices hit debt collector's business practices": Lawrence Hurley of Reuters has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Midland Funding, LLC v. Johnson, No. 16-348.
Posted at 07:54 PM by Howard Bashman



"Did U.S. Supreme Court just boost hopes for N.J. sports betting?" Brent Johnson of NJ.com has this report.

Andrew Chung of Reuters reports that "U.S. top court asks Trump team for New Jersey sports betting views."

And David Porter of The Associated Press reports that "Supreme Court delays New Jersey sports betting decision."
Posted at 07:44 PM by Howard Bashman



"'Bad Hombres' Loom Over Supreme Court": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 07:21 PM by Howard Bashman


"Supreme Court case sets the stage for future officials' accountability": Abigail Hauslohner and Ann E. Marimow of The Washington Post have this report.
Posted at 02:24 PM by Howard Bashman


"The Case For Chuck Cooper As Solicitor General": David Lat has this post at "Above the Law."
Posted at 01:54 PM by Howard Bashman


"The laundry policy at the Cole County Detention Center leaves pretrial detainees naked, with only a bed sheet and a blanket for cover, every four nights for women and every two-to-three nights for men." So begins a decision that the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 01:40 PM by Howard Bashman


"Supreme Court hears case over deportations": The Associated Press has this report.

Update: You can access at this link the transcript of today's U.S. Supreme Court oral argument in Lynch v. Dimaya, No. 15-1498.
Posted at 12:45 PM by Howard Bashman



"D.C. Circuit Review -- Reviewed: 'It's Like the D.C. Circuit is Actively Trying to Undermine Your Column.'" Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 09:42 AM by Howard Bashman


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


Monday, January 16, 2017

"U.S. Supreme Court to hear Missouri case on state money for religious institutions": Celeste Bott has this front page article in today's edition of The St. Louis Post-Dispatch.
Posted at 09:47 PM by Howard Bashman


"Rock band 'The Slants' takes on Supreme Court": Richard Wolf of USA Today has this report.

Michael Doyle of McClatchyDC has an article headlined "So 'Redskins' isn't the only racially disparaging name seeking U.S. protection."

Matthew Singer of Willamette Week reports that "Portland Band the Slants Take Their Trademark Case to the Supreme Court This Week; The Portland band's nearly six-year battle to trademark its name reaches its apex on Wednesday."

Online at USA Today, Tony Mauro has an essay titled "Free The Slants to trademark 'offensive' name: Asian-American band wants to own 'the language of oppression'; The Supreme Court should let it."

And at her "In a Crowded Theater" blog, Erica Goldberg has a post titled "Lee v. Tam: Offensive Trademarks at the Supreme Court (A Series) -- Part Five: The Final Pre-Argument Analysis."
Posted at 09:42 PM by Howard Bashman



"Trump's team already trying to break Senate Supreme Court filibuster": Tom LoBianco of CNN.com has this report.
Posted at 09:20 PM by Howard Bashman


"The Most Important Cases Already Argued This Term in SCOTUS": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 09:07 PM by Howard Bashman


"Cuomo appoints Rowan Wilson to top state court, making him second African-American there": Glenn Blain of The New York Daily News has this report.

Kirstan Conley of The New York Post reports that "Second African American judge nominated for Court of Appeals."

And Colby Hamilton of Politico.com reports that "Cuomo taps private litigator Rowan Wilson for high court."

Currently, the appointee serves as a partner at the law firm of Cravath, Swaine & Moore.
Posted at 04:42 PM by Howard Bashman



"OT2016 #11: 'Close to Using a Swear.'" You can access the new episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 11:00 AM by Howard Bashman


"Will Asian American band's First Amendment argument resonate with Supreme Court?" Robert Barnes has this front page article in today's edition of The Washington Post.

And Sam Hananel of The Associated Press has a report headlined "Free speech clash: Justices considering offensive trademarks."
Posted at 10:55 AM by Howard Bashman



"In Texas, a Test of Whether the Voting Rights Act Still Has Teeth": Manny Fernandez has this article in today's edition of The New York Times.
Posted at 10:50 AM by Howard Bashman


Sunday, January 15, 2017

"Age Is Just a Number. Age Discrimination Is Trickier." Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 04:50 PM by Howard Bashman


Talk about Supreme Court vacancies: Press Trust of India reports that "Eight judges short, Supreme Court has 60,938 cases pending."
Posted at 01:20 PM by Howard Bashman


"How Cruz and Trump learned to like each other: Ted Cruz was once one of Donald Trump's most vocal critics; Now he's one of the president-elect's most important Senate allies." Eliana Johnson of Politico.com has this report.
Posted at 01:09 PM by Howard Bashman


"From South Dakota to the Supreme Court": Jonathan Ellis of The Argus Leader of Sioux Falls, South Dakota has this profile of Jim Ligtenberg.
Posted at 01:00 PM by Howard Bashman


"Supreme Court Update: President-Elect Trump Has Started Interviewing SCOTUS Candidates." David Lat has this post today at "Above the Law."
Posted at 12:50 PM by Howard Bashman


"Pro-Life Republicans, Stronger Now Than Ever": Ramesh Ponnuru has this essay online at Bloomberg View.
Posted at 12:45 PM by Howard Bashman


Saturday, January 14, 2017

"The untold story of how Antonin Scalia's 'gift to Canada' shaped our spy services; As Donald Trump mulls a Supreme Court successor to the conservative firebrand judge, Sean Fine examines how a young, decidedly evenhanded Scalia helped the Canadian government in the 1970s to get a grip on domestic spy agencies that had begun to spin out of control": Sean Fine has this article in today's edition of The Toronto Globe and Mail.
Posted at 08:40 PM by Howard Bashman


"The Latest In The Solicitor General Sweepstakes": David Lat has this post at "Above the Law."
Posted at 08:35 PM by Howard Bashman


In Bashman news from Queens: QNS.com has a report headlined "Thieves in Flushing bash man with crowbar, steal bag containing $15,000 in cash: cops."
Posted at 03:11 PM by Howard Bashman


"Justices Will Hear Challenges to Mandatory Employee Arbitration": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court to examine workers' rights to file class-action suits."

Brent Kendall and Jess Bravin of The Wall Street Journal report that "Supreme Court to Decide Whether Employers Can Prohibit Groups of Workers From Suing; Justices also take up case on time limits for the SEC to require firms, individuals to 'disgorge' ill-gotten gains." And Kendall also reports that "Supreme Court to Weigh How Soon Firms Can Sell Copycat Biotech Drugs; High court to referee dispute between Novartis, Amgen over biosimilar."

Bob Egelko of The San Francisco Chronicle reports that "Supreme Court to consider CalPERS case against Lehman Bros."

Bob McGovern and Jordan Graham of The Boston Herald report that "Supreme Court takes Mass. case on open court."

Greg Stohr of Bloomberg News reports that "SEC's Power to Recoup Illegal Profits Draws High Court Scrutiny" and "Lehman Case Gets Review as Top Court Considers Suit Deadlines." And Susan Decker of Bloomberg News reports that "Amgen Fight Over Copies of Biotech Drugs Gets High Court Review."

Cristian Farias of The Huffington Post reports that "Supreme Court To Consider Lifting Class-Action Bar For Millions Of Workers; Existing federal labor law could free employees who now can't band together to sue their bosses."

And Jolie McCullough of The Texas Tribune reports that "Supreme Court to review Texas death penalty case; The U.S. Supreme Court said Friday it would review the legal complexities in a Texas death penalty case, where a man killed a 5-year-old and her grandmother."
Posted at 03:08 PM by Howard Bashman



"Supreme Court takes up suit over 2001 detention of Muslims": Mark Sherman of The Associated Press has this report.
Posted at 02:40 PM by Howard Bashman


Friday, January 13, 2017

Access today's Order List of the U.S. Supreme Court: At this link. The Court granted review today in 13 new cases.

In early news coverage, The Associated Press reports that "Justices will weigh limits on worker rights to sue employers"; "Supreme Court to rule in immigrant's revoked US citizenship"; and "Justices will hear venture capitalist's appeal over SEC fine."

And Reuters reports that "Supreme Court to consider employee class action agreements"; "U.S. Supreme Court to weigh securities class action timing question"; "U.S. top court to weigh if SEC faces illegal profit-recovery deadline"; "U.S. top court to hear BNSF Railway out-of-state injury suit appeal"; "Supreme Court to mull where challenges to federal clean water rule can be heard"; "U.S. Supreme Court agrees to hear dispute over biologic drug sales"; and "U.S. Supreme Court to hear debt collection dispute."
Posted at 02:42 PM by Howard Bashman



"Potential nominee profile: Neil Gorsuch." Eric Citron has this post today at "SCOTUSblog."
Posted at 02:00 PM by Howard Bashman


"Ohio seeks drug reversing lethal injection process if needed": Andrew Welsh-Huggins of The Associated Press has this report.
Posted at 01:33 PM by Howard Bashman


"Time for Some Negotiation Theory: How the Democrats can play hardball with Trump's Supreme Court nominee." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 01:28 PM by Howard Bashman


Access the audio of this week's U.S. Supreme Court oral arguments: Via this link.
Posted at 01:14 PM by Howard Bashman


"Third Circuit will start posting oral argument video, but only for selected cases": Matthew Stiegler has this post today at his "CA3blog."

And today, the U.S. Court of Appeals for the Third Circuit issued a news release titled "U.S. Court of Appeals for the Third Circuit to Make Oral Argument Videos Available to the Public."

My earlier coverage of today's Third Circuit news can be accessed here.
Posted at 01:10 PM by Howard Bashman



"A Deep Drive Into The Department Of Justice Transition": David Lat has this post today at "Above the Law."
Posted at 10:42 AM by Howard Bashman


"U.S. VP-elect Pence to be sworn in by conservative Justice Thomas": Lawrence Hurley of Reuters has this report. Meanwhile, the Justice's lesser-known alter-ego liberal Justice Thomas will be out protesting the entire inauguration ceremony.
Posted at 10:35 AM by Howard Bashman


Third Circuit to begin posting videos of some oral arguments online: The U.S. Court of Appeals for the Third Circuit issued this order today adding IOP 2.6 to that Court's Internal Operating Procedures.

Unlike the Ninth Circuit, which now posts video footage of essentially all of that Court's oral arguments on YouTube, the Third Circuit has decided to determine whether video of an oral argument will be posted online on a case-by-case basis, which would seem to add unnecessarily to each oral argument panel's workload. And, unlike the Ninth Circuit, which has for quite some time live-streamed oral argument video on YouTube, we will have to wait and see how soon after oral arguments the Third Circuit will be placing online the oral argument videos selected for posting.

I anticipate that the Third Circuit will someday move to the Ninth Circuit's approach of posting videos of essentially all oral arguments online. Here's hoping that day arrives sooner rather than later.
Posted at 10:28 AM by Howard Bashman



"The Supreme Court Saved Obama's Legacy; His Legacy Changed The Court; The law and the politics of justice will never be the same": Cristian Farias of The Huffington Post has this report.
Posted at 10:05 AM by Howard Bashman


"The Supreme Court, the Trump Transition, and the Future of the Constitutional 'Border'": Steve Vladeck has this post today at "Just Security."
Posted at 10:02 AM by Howard Bashman


"Donald Trump's other Supreme Court decision": Ariane de Vogue of CNN.com has an article that begins, "It's the most coveted legal post in Washington, but few people outside of the Beltway know it even exists. And now the plum job -- that of solicitor general -- is up for grabs."
Posted at 08:29 AM by Howard Bashman


"Trump's second Supreme Court pick could be the real drama": Joan Biskupic of CNN.com has this report.
Posted at 08:19 AM by Howard Bashman


Thursday, January 12, 2017

"Potential nominee profile: Raymond Gruender." Edith Roberts has this post today at "SCOTUSblog."
Posted at 10:18 PM by Howard Bashman


"San Diego concealed weapons case appealed to U.S. Supreme Court": Kristina Davis of The San Diego Union-Tribune has an article that begins, "The U.S. Supreme Court is being asked to decide whether law-abiding citizens need to provide law enforcement with a specific reason to be able to legally carry a concealed weapon for self-defense."
Posted at 10:12 PM by Howard Bashman


"Special education: The Supreme Court considers what states owe to disabled students." Steven Mazie has this post today at the "Democracy in America" blog of The Economist.
Posted at 10:05 PM by Howard Bashman


"Lawsuit charging Apple with iPhone app monopoly gets go-ahead": Bob Egelko of The San Francisco Chronicle has this report.

Stephen Nellis and Dan Levine of Reuters report that "U.S. appeals court revives antitrust lawsuit against Apple."

Kartikay Mehrotra of Bloomberg News reports that "Apple Must Face Consumer Lawsuit Over iPhone Apps Monopoly."

And Stephanie Condon of ZDNet reports that "US appeals court reopens lawsuit against Apple for alleged App Store monopoly; The 9th US Circuit Court of Appeals ruled that a group of iPhone owners may proceed with their class action suit, alleging anti-competitive behavior."

My earlier coverage of today's Ninth Circuit ruling appears at this link.
Posted at 09:52 PM by Howard Bashman



"I See Your Immunity Doctrine And Raise You Another": Kimberly S. Robinson of Bloomberg BNA has this report.
Posted at 03:14 PM by Howard Bashman


"Eli Lilly defeats Teva appeal over Alimta cancer drug": Jonathan Stempel and Bill Berkrot of Reuters have this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 03:11 PM by Howard Bashman


"Because Apple is a distributor, Plaintiffs have standing under Illinois Brick to sue Apple for allegedly monopolizing and attempting to monopolize the sale of iPhone apps." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in a decision issued today.
Posted at 01:53 PM by Howard Bashman


"SCOTUS Struggles With Duty Owed to Disabled Students": Kimberly S. Robinson of Bloomberg BNA has this report.
Posted at 01:44 PM by Howard Bashman


"Trump SCOTUS Short-Lister Gruender: Five Things to Know." Patrick Gregory and Kimberly S. Robinson of Bloomberg BNA have this report.
Posted at 01:35 PM by Howard Bashman


"Court Documents Appear To Confirm The FBI Is Using Best Buy Techs To Perform Warrantless Searches For It": Tim Cushing of Techdirt has this report.
Posted at 01:32 PM by Howard Bashman


"Donald Trump's Supreme Court Pick Coming Within 2 Weeks Of Inauguration; Mike Pence was on the Hill on Wednesday looking for Democratic senators to get behind Trump's eventual choice": Cristian Farias of The Huffington Post has this report.

And Alexander Bolton of The Hill reports that "Conservatives press Trump on Supreme Court pick."
Posted at 01:27 PM by Howard Bashman



"U.S. states mull contraception coverage as Obamacare repeal looms": Jilian Mincer of Reuters has this report.
Posted at 11:57 AM by Howard Bashman


"Fate of Hospital Pensions Rests With Supreme Court": Jacklyn Wille of Bloomberg BNA has this report.
Posted at 11:50 AM by Howard Bashman


"Potential nominee profile: Steven Colloton." Tejinder Singh has this post at "SCOTUSblog."
Posted at 11:47 AM by Howard Bashman


"How Barack Obama Transformed The Nation's Courts: He filled two SCOTUS seats and made the judiciary more diverse than ever; But the GOP stopped him from doing more." Jennifer Bendery of The Huffington Post has this report.
Posted at 11:42 AM by Howard Bashman


"Just say no to Comcast": Today's edition of The Philadelphia Inquirer contains an editorial that begins, "Mayor Kenney shouldn't cave to media giant Comcast's dire yet unspecified warnings of litigation if he doesn't weaken a pay equity bill."

My earlier coverage of this matter can be accessed here.
Posted at 11:38 AM by Howard Bashman



"Last Call for SCOTUS Grants, Amid Historically Slow Term": Kimberly S. Robinson of Bloomberg BNA has this report.
Posted at 11:32 AM by Howard Bashman


"3rd Circuit allows 'subgroup' of older workers in ADEA lawsuit": Daniel Wiessner of Reuters has a report (subscription required for full access) that begins, "A U.S. appeals court on Tuesday became the first to hold that federal age bias law offers protections to 'subgroups' of older workers, saying three courts that ruled otherwise improperly restricted the scope of the law."

And at his "CA3blog," Matthew Stiegler has a post titled "Third Circuit issues major ADEA ruling creating circuit split."

You can access Tuesday's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 11:30 AM by Howard Bashman



Wednesday, January 11, 2017

"Trump Promises Fast Action on Supreme Court Nomination": Adam Liptak of The New York Times has this report.

Anita Kumar and Michael Doyle of McClatchy Washington Bureau report that "Trump will nominate a Supreme Court justice soon, but will it be soon enough?"

Emily Stephenson and Lawrence Hurley of Reuters report that "Trump says he'll make high court pick within 2 weeks after taking office."

Ariane de Vogue, Phil Mattingly, and Tom LoBianco of CNN.com report that "Trump, Pence moving quickly on Supreme Court pick."

And Eliana Johnson of Politico.com reports that "Trump pledges to name Supreme Court nominee within two weeks of inauguration."
Posted at 10:18 PM by Howard Bashman



"Honour killings to voting rights: Hot-button issues coming up at Supreme Court." Sean Fine of The Toronto Globe and Mail has this report.
Posted at 10:08 PM by Howard Bashman


"Goodyear Asks Supreme Court to Nix $2.7M Sanction": Samson Habte of Bloomberg BNA has this report.
Posted at 10:04 PM by Howard Bashman


"Big Law Associate Takes on Supreme Court Veteran Over NCAA Race-Bias Claims": Marcia Coyle of The National Law Journal has an article that begins, "A Morrison & Foerster associate who recently completed a U.S. Supreme Court clerkship will argue Wednesday against former solicitor general Seth Waxman in a major race discrimination case that involves the National Collegiate Athletic Association."

The U.S. Court of Appeals for the Ninth Circuit has posted online on YouTube at this link the video of today's oral argument before a three-judge panel in Hardie v. NCAA, No. 15-55576 (9th Cir.).
Posted at 09:54 PM by Howard Bashman



"Supreme Court Weighs If Some Credit Card 'Swipe' Fees Violate The 1st Amendment; A group of New York merchants is challenging a state law it says misleads consumers": Cristian Farias of The Huffington Post has this report.
Posted at 09:25 PM by Howard Bashman


"Justices Face 'Blizzard of Words' in Special Education Case": Adam Liptak of The new York Times has this report.

David G. Savage of The Los Angeles Times reports that "Supreme Court likely to boost public schools' responsibilities to children with disabilities."

Emma Brown and Robert Barnes of The Washington Post report that "Supreme Court wrestles with defining rights for students with disabilities, including autism."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Appears Ready to Bolster Support for Disabled Students; Justices hear arguments in case of school district refusing to pay for private school for autistic student."

Mark K. Matthews of The Denver Post reports that "U.S. Supreme Court hears case on special-needs students that started in Colorado."

Sam Hananel of The Associated Press reports that "High court may put more bite into law for disabled students."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Considers How Schools Support Students With Disabilities."

And in commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled "Supreme Court Gets Between Schools and Parents."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Endrew F. v. Douglas County School Dist. RE-1, No. 15-827.
Posted at 09:07 PM by Howard Bashman



"Potential nominee profile: William Pryor." Kevin Russell and Charles Davis have this post at "SCOTUSblog."
Posted at 10:02 AM by Howard Bashman


"King tells the Supreme Court how to do its job": The Des Moines Register has this editorial.
Posted at 10:00 AM by Howard Bashman


"Texas Supreme Court case revives past improper admissions practices at UT": Lindsay Ellis of The Houston Chronicle has this report.
Posted at 09:45 AM by Howard Bashman


"U.S. Supreme Court to decide on education rights for millions of children with disabilities": David G. Savage of The Los Angeles Times has this report.

John Aguilar and Mark K. Matthews of The Denver Post report that "Colorado at center of Supreme Court case that examines standards for special-needs students."

And Emma Brown of The Washington Post has an article headlined "Supreme Court to decide: What level of education do public schools legally owe to students with disabilities?"
Posted at 09:42 AM by Howard Bashman



"Feinstein confronts Sessions, as Supreme Court battle awaits": Carolyn Lochhead has this front page article in today's edition of The San Francisco Chronicle.
Posted at 09:37 AM by Howard Bashman


"Colorado official proposes refunds for exonerated defendants after harsh questions by Supreme Court; U.S. Supreme Court hears appeal on state's rule requiring lawsuits to get money back": David Migoya has this front page article in today's edition of The Denver Post.
Posted at 09:34 AM by Howard Bashman


Tuesday, January 10, 2017

"Lawsuits over Trump business threaten to tie up presidency": The Associated Press has this report.
Posted at 10:58 PM by Howard Bashman


"True Lies: There was one moment in Jeff Sessions' confirmation hearing that revealed why so many are so terrified of him." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:55 PM by Howard Bashman


"North Dakota rejects changes to reflect gay marriage ruling": The Associated Press has a report that begins, "North Dakota's Republican-led Senate rejected a measure Tuesday that would have changed state law to reflect the U.S. Supreme Court's decision that same-sex couples have the right to marry."
Posted at 10:50 PM by Howard Bashman


"Supreme Court Considers Role of Free Speech in Explaining Credit Card Fees": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post has an article headlined "A tale of bar tabs and deli sandwiches stymies a few Supreme Court justices."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Weighs Difference Between a 'Cash Discount' and a 'Surcharge'; Small merchants have challenged a New York law that restricts credit-card surcharges."

Richard Wolf of USA Today reports that "Supreme Court wrestles with credit card surcharge laws."

In commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled "Cash Discounts, Credit Surcharges and Free Speech."

And online at The Wall Street Journal, law professor Todd J. Zywicki and Geoffrey A. Manne have an essay titled "The Constitution Says Nothing About Behavioral Economics: A hair salon tells the Supreme Court that trendy research backs up its right to charge credit-card fees."
Posted at 09:05 PM by Howard Bashman



Miguel Estrada warns City of Philadelphia that his hourly rate is very expensive: When you live in the Philadelphia region, it's not every day that the front page of your morning newspaper contains an article featuring Miguel Estrada and the costliness of his legal services. But today was such a day.

In today's edition of The Philadelphia Inquirer, Tricia L. Nadolny has a front page article headlined "Comcast warns of costly legal battle if Kenney doesn't veto wage discrimination bill." The article begins:

Comcast has urged Mayor Kenney to veto a bill that would bar employers from asking job applicants for their salary histories or risk a costly legal challenge.

The legislation, meant to combat wage discrimination, violates the First Amendment, an attorney hired by Comcast argues in a legal memo sent to the city and obtained by the Inquirer.

"While my client and others in the business community who are considering a legal challenge do not want to appear confrontational in any way, it is important to note that a successful challenge ... could make the City liable for a substantial award of attorney's fees," attorney Miguel Estrada wrote on behalf of Comcast.

As the article later explains:
Among many challenges raised in the 25-page memo, Estrada said the law would violate employers' First Amendment rights to ask about wage history. He said that to justify such a restriction, the city must prove it would advance its goal of reducing wage discrimination without restricting more speech than necessary.
Lest you wonder whether Miguel Estrada himself wrote the entire 25-page memo, the article contains a quotation from the memo that bears the hallmarks of that trademarked Estrada wit:
[Estrada] argues there is no evidence that asking for salary history perpetuates wage discrimination. Disparities could be due to legitimate factors, including "taking a 10-year absence from the workforce to 'see the world,' working fewer hours, or -- to state the obvious -- being a worse employee," he said
On a day that one curious First Amendment challenge was argued at the U.S. Supreme Court, it is interesting to wonder how this proposed law implicates a potential employer's First Amendment rights, when the speech that's put off-limits is a job applicant's answer supplying the applicant's salary history.

As the article reports, David L. Cohen, a former high-powered Philadelphia attorney who now serves as Comcast's senior executive vice president, engaged Estrada to persuade Philadelphia not to approve this legislation at the risk of costly legal action. Apparently none of Philadelphia's many fine First Amendment litigators were persuasive and expensive enough to merit the engagement.

In any event, Comcast's strategy may be working, as this afternoon Tricia L. Nadolny of The Philadelphia Inquirer has an updated article headlined "Confronted by Comcast's lawsuit threat, Kenney hesitates on wage discrimination bill."
Posted at 08:20 PM by Howard Bashman



"Cert Analytics": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 04:15 PM by Howard Bashman


"Supreme Court struggles with NY credit-card surcharge law": Mark Sherman of The Associated Press has this report.

And Lawrence Hurley of Reuters reports that "Supreme Court grapples with credit card surcharge law dispute."

Update: You can access at this link the transcript of today's U.S. Supreme Court oral argument in Expressions Hair Design v. Schneiderman, No. 15-1391.
Posted at 01:48 PM by Howard Bashman



"Jeff Sessions Says Decision Allowing Abortion Deserves Respect And Will Be Followed; Despite calling the federal legalization of abortion 'one of the worst, colossally erroneous Supreme Court decision of all time,' Sessions said he would 'respect' it": Ema O'Connor of BuzzFeed News has this report.

And Zoe Tillman of BuzzFeed News reports that "Jeff Sessions Denies Racism Allegations; The US attorney general nominee said the 'caricature' of him during his failed judicial nomination in 1986 was false."
Posted at 01:32 PM by Howard Bashman



"Argument analysis: Court unlikely to resolve complex issues about scope of sovereign and tribal immunity." Todd Henderson has this guest post today at "SCOTUSblog."
Posted at 01:23 PM by Howard Bashman


"The Long Arm of U.S. Law Stretches to Asia": Online today at Bloomberg View, law professor Noah Feldman has an essay that begins, "U.S. law can reach American sex offenders abroad so long as they haven't resettled in another country, according to a federal appeals court."
Posted at 01:05 PM by Howard Bashman


"Judge Danny J. Boggs (CA6) will Take Senior Status on 2/28/17": Josh Blackman has this blog post today.
Posted at 11:08 AM by Howard Bashman


"High court sends New Mexico police shooting lawsuit back to lower court": Andrew Oxford of The Santa Fe New Mexican has an article that begins, "The U.S. Supreme Court on Monday kicked back to a lower court a family's lawsuit against New Mexico State Police officers involved in a Glorieta man's shooting death five years ago during an incident in which the officers claim they acted in self-defense."
Posted at 10:44 AM by Howard Bashman


"U.S. Supreme Court hears arguments in local tribal sovereignty case": In today's edition of The Day of New London, Connecticut, Brian Hallenbeck has a front page article that begins, "A Waterford attorney whose tribal sovereignty case the U.S. Supreme Court heard Monday said he was encouraged by the questions the justices posed during oral arguments."

Agence France-Presse reports that "Top US court hears case that could redefine tribal sovereignty."

And Brandi Buchman of Courthouse News Service reports that "Justices Weigh Tribal Immunity for Limo Crash."
Posted at 10:40 AM by Howard Bashman



"Is Qualified Immunity Unlawful?" Law professor William Baude has posted this article on SSRN.

And at "The Volokh Conspiracy" today, he has a related post titled "Is it time to hold police officers accountable for constitutional violations?"
Posted at 10:30 AM by Howard Bashman



View today's Senate Judiciary Committee confirmation hearing for Attorney General nominee Jeff Sessions: Via C-SPAN, at this link.
Posted at 10:22 AM by Howard Bashman


"US Supreme Court to weigh credit card swipe fees": Patrick Terpstra of the Cox Media Group Washington News Bureau has this report.

And at FiveThirtyEight, Amelia Thomson-DeVeaux has a post titled "In Today's Supreme Court Case, Freedom Of Speech Meets Your Wallet."
Posted at 08:46 AM by Howard Bashman



"Potential nominee profile: Joan Larsen." Amy Howe has this post at "SCOTUSblog."
Posted at 08:42 AM by Howard Bashman


"US Supreme Court loaded with First Amendment cases: Can you trademark an offensive name or not? Justices to decide." David Kravets of Ars Technica has this report.
Posted at 08:40 AM by Howard Bashman


Monday, January 9, 2017

"The Supreme Court Will Lean Conservative Again: The Supreme Court is waiting -- but not for much longer; After a year of changes in outlook, the justices now are waiting for Donald Trump to become president and name his nominee for the court." Chris Geidner of BuzzFeed News has this report.
Posted at 10:48 PM by Howard Bashman


"Kansas Supreme Court justices sworn in; importance of independent judiciary touted; Chief Justice Nuss says Kansans voted in November to maintain fair courts, rule of law": Celia Llopis-Jepsen of The Topeka Capital-Journal has this report.
Posted at 10:45 PM by Howard Bashman


"Conservatives plan $10 million high court ad campaign": Burgess Everett of Politico.com has this report.
Posted at 10:40 PM by Howard Bashman


"How a Blog Post Led to a Supreme Court Argument": Tony Mauro of The National Law Journal has this report.
Posted at 10:12 PM by Howard Bashman


"High Court Argument to Center on Level of Benefits for Spec. Ed." Christina A. Samuels of Education Week has this report.
Posted at 10:02 PM by Howard Bashman


"Jeff Sessions Previously Denied Federal Judgeship Amid Racism Controversy": Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered."

Zoe Tillman of BuzzFeed News has an article headlined "Four Things To Watch For During Jeff Sessions' Confirmation Hearing."

And online at Slate, Elizabeth Wydra has a jurisprudence essay titled "Bad Law: A look at the terrible things Jeff Sessions did as attorney general of Alabama."
Posted at 09:57 PM by Howard Bashman



"Death to the Gerrymander: How Paul Smith might defeat unconstitutional redistricting once and for all." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 09:44 PM by Howard Bashman


"Asian-American Group The Slants Head to Supreme Court Over Band Name; Portland rockers bring seven-year Freedom of Speech battle to Washington, D.C. on January 18th": Daniel Kreps of Rolling Stone has this report.

The article concludes, "While the Slants are in Washington, D.C. for the hearings, they'll also perform some shows in the nation's capital, as well as hold a protest rally and afternoon concert outside the Supreme Court following their hearing on January 18th. That night, they'll play D.C.'s Electric Maid."
Posted at 09:40 PM by Howard Bashman



"Supreme Court Seems Wary of Hurdles for Refunds of Fines After Exonerations": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "High court questions why refunds aren't automatic when a Colo. conviction is overturned."

David G. Savage of The Los Angeles Times reports that "Supreme Court weighs the right to a refund for people who paid fines before they were freed."

Richard Wolf of USA Today reports that "Supreme Court justices want Colorado to repay defendants if convictions reversed."

And at WSJ.com's "Law Blog," Jess Bravin has a post titled "Do Reversed Convictions Come With a Money-Back Guarantee?"
Posted at 09:33 PM by Howard Bashman



"Attorneys asks U.S. Supreme Court to rule on cellphone ban in Saginaw courtrooms": Bob Johnson of The Saginaw News has this report on a petition for writ of certiorari filed today.
Posted at 09:14 PM by Howard Bashman


"Jeff Sessions Has a History of Blocking Black Judges": Pema Levy of Mother Jones has this report.
Posted at 06:00 PM by Howard Bashman


"Three Recent Law School Graduates Secure Clerkships on the Supreme Court": Claire Stamler-Goody of the University of Chicago Law School has this report.
Posted at 05:53 PM by Howard Bashman


"Supreme Court Has Had Enough With Police Suits": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 05:48 PM by Howard Bashman


"Trump SCOTUS Short-Lister Gorsuch: Five Things to Know." Patrick Gregory of Bloomberg BNA has this report.
Posted at 03:52 PM by Howard Bashman


"Ninth Circuit rejects meaningful ascertainability requirement for class certification, cementing deep circuit split": Archis A. Parasharami and Daniel Jones have this post at the "Class Defense Blog" of Mayer Brown.
Posted at 03:34 PM by Howard Bashman


"Big Win For Free Speech Online In Backpage Lawsuit": Law professor Eric Goldman has this post today at Forbes.com.
Posted at 03:28 PM by Howard Bashman


"Obama Administration Takes A Last Stand To Protect Transgender Bathroom Rights; The Justice Department has asked a federal appeals court to step in": Dominic Holden of BuzzFeed News has this report.
Posted at 03:24 PM by Howard Bashman


"#appellatetwitter: Appellate Law Enthusiasts' 'Nerdy' Forum." Melissa Stanzione of Bloomberg BNA has this report.
Posted at 03:22 PM by Howard Bashman


Explore the transcript of today's U.S. Supreme Court oral argument in Lewis v. Clarke, No. 15-1500: At this link.
Posted at 03:00 PM by Howard Bashman


Encino Motorcars, LLC v. Navarro to become a SCOTUS repeater? On June 20, 2016, after oral argument exactly two months before, the U.S. Supreme Court issued a 6-to-2 decision remanding this case for further proceedings in the U.S. Court of Appeals for the Ninth Circuit.

Today. a three-judge panel of the Ninth Circuit issued this decision on remand. The first paragraph of the "Conclusion" section of today's Ninth Circuit's decision begins:

After a thorough, de novo review of congressional intent, we hold that the exemption in sec. 213(b)(10)(A) does not encompass service advisors. We acknowledge that our holding conflicts with published decisions by the Fourth and Fifth Circuits and by the Supreme Court of Montana.
The odds of this case's becoming a SCOTUS repeater would appear to be very high.
Posted at 01:45 PM by Howard Bashman


"Justices skeptical over Colo. refusal to refund court fees": The Associated Press has this report.

Update: You can access at this link the transcript of today's U.S. Supreme Court oral argument in Nelson v. Colorado, No. 15-1256.
Posted at 01:11 PM by Howard Bashman



"AP Fact Check: Ruth Bader Ginsburg not resigning over Trump." The Associated Press has this report.
Posted at 01:06 PM by Howard Bashman


"Why Trump and the GOP Might not Want to Fill Scalia's Seat": Eric Segall has this post today at the "Dorf on Law" blog.
Posted at 11:58 AM by Howard Bashman


"Why do we still have the filibuster?" Sandy Levinson has this post today at the "Balkinization" blog.
Posted at 11:55 AM by Howard Bashman


"Judge Posner Responds To His Comments Concerning Hively v. Ivy Tech": Josh Blackman has this blog post today.
Posted at 11:53 AM by Howard Bashman


"How Big a Deal Are Four 9th Circuit Vacancies That Await Trump?" Ross Todd of The Recorder has this report.
Posted at 10:15 AM by Howard Bashman


"Missouri Execution Drug Purchases Revealed: Death row inmates spent years fighting over Missouri's use of compounded pentobarbital; A sealed court filing obtained by BuzzFeed News says they may have been fighting the wrong thing." Chris McDaniel of BuzzFeed News has this report.
Posted at 09:43 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, but the Court did call for the views of the Solicitor General's office in four cases. In addition, the Court dismissed the direct appeal in Parrott v. Lamone, No. 16-588, "for want of jurisdiction."

In White v. Pauly, No. 16-67. the Court issued a unanimous per curiam decision. Justice Ginsburg issued a concurring opinion.

And in early news coverage, The Associated Press reports that "High Court won't hear appeal over Backpage.com escort ads"; "Ventura loses appeal to reinstate $1.8M verdict"; and "Supreme Court rejects appeal from flight-sharing company."

From Reuters, Lawrence Hurley reports that "Supreme Court rejects Dow over $1 billion tax deduction claim" and "U.S. top court rejects banks over FDIC lawsuit." And Andrew Chung reports that "U.S. Supreme Court will not examine tech industry legal shield."
Posted at 09:32 AM by Howard Bashman



"In the Mold of Scalia or Alito: Recent Criminal and Habeas Decisions of Judges Pryor and Sykes." Scott Meisler has posted this paper at SSRN.
Posted at 08:09 AM by Howard Bashman


"The Hazards Justices Face by Owning Individual Stocks": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 08:00 AM by Howard Bashman


"OT2016 #10: 'You Would Wear a Stroller.'" You can access the new episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 07:54 AM by Howard Bashman


Sunday, January 8, 2017

"Democratic Ohio Supreme Court Justice William O'Neill eyeing run for governor": Earlier this week, Julie Carr Smyth of The Associated Press had an article that begins, "The lone Democrat holding an Ohio statewide office said Tuesday he is considering stepping down from his post at year's end to run for governor."
Posted at 10:58 PM by Howard Bashman


"Chuck Schumer's Supreme Court bluster": The New York Post has this editorial.
Posted at 10:52 PM by Howard Bashman


"India's High Court Favors Nationalism Over Democracy": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 10:46 PM by Howard Bashman


"Jeff Sessions, a Lifelong Outsider, Finds the Inside Track": Sharon LaFraniere and Matt Apuzzo of The New York Times have this report.

In addition, The New York Times has an editorial titled "What Are You Hiding, Jeff Sessions?"

And online at The New York Times, law professor John J. Donohue III and Max Schoenin have an op-ed titled "Jeff Sessions, the Grim Reaper of Alabama."
Posted at 09:48 PM by Howard Bashman



"A Look at Thomas Hardiman, Possible Trump SCOTUS Nominee": Michele Gorman of Newsweek has this report.
Posted at 09:10 PM by Howard Bashman


"North Carolina Files Supreme Court Cert. Petition in Major Voting Law Case; What Happens Now with Democratic Gov. and AG?" Rick Hasen has this post at his "Election Law Blog" about this petition for writ of certiorari.
Posted at 08:40 PM by Howard Bashman


"New Bernian Mike Morgan takes oath as N.C. Supreme Court Justice": Bill Hand of The New Bern (N.C.) Sun Journal has this report.
Posted at 08:33 PM by Howard Bashman


"Oklahoma Supreme Court justice's retirement is a love story; Justice Steven W. Taylor retires his gavel with no plans to fade into the sunset": Nolan Clay of The Oklahoman has this report.
Posted at 08:25 PM by Howard Bashman


"California's top court to decide whether planned speed-up in executions is legal": Maura Dolan of The Los Angeles Times has this report.
Posted at 02:33 PM by Howard Bashman


"Jeff Sessions faces 'Washington's bloodsport'": Ariane de Vogue of CNN.com has an article that begins, "Sen. Jeff Sessions is preparing for yet another confirmation hearing in the Senate Judiciary Committee."
Posted at 02:14 PM by Howard Bashman


Saturday, January 7, 2017

"Waterford attorney, tribes on opposite sides of U.S. Supreme Court case": Brian Hallenbeck of The Day of New London, Connecticut has this report.
Posted at 10:06 PM by Howard Bashman


"'Sister Wives' renew push for U.S. Supreme Court to take up polygamy case": Ben Winslow of Fox 13 of Salt Lake City has this report on the recently filed Reply Brief for Petitioners.
Posted at 10:02 PM by Howard Bashman


"Beatty calls becoming top S.C. judge 'my improbable journey'": Tim Flach of The State of Columbia, South Carolina has an article that begins, "New state Supreme Court Chief Justice Donald Beatty on Friday called his path from a lad who peeked into legal proceedings to the second African-American in the post since the mid-1800s 'my improbable journey.'"
Posted at 09:55 PM by Howard Bashman


"Coming to Mr. Trump's Aid in the Matter of Judicial Selection": Roger Pilon has this post at the "Cato at Liberty" blog.
Posted at 08:27 PM by Howard Bashman


"And Then There Were Eight: Trump winnows his shortlist for the Supreme Court's empty seat; And we preview a big special education case that will be argued next week." Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 08:20 PM by Howard Bashman


Friday, January 6, 2017

"Beyond partisanship: How language affects U.S. Supreme Court justices." Michigan Radio has this report.
Posted at 09:14 PM by Howard Bashman


"Nels Peterson's appointment ups Cobb presence on Georgia Supreme Court": Jon Gargis of The Marietta Daily Journal has this report.
Posted at 09:00 PM by Howard Bashman


"Markman to be Chief Justice of Mich. Supreme Court": Holly Fournier of The Detroit News has this report.
Posted at 08:55 PM by Howard Bashman


"Alums Miller and Kentfield Land Coveted Supreme Court Clerkships": Andrew Cohen of Berkeley Law has this report.
Posted at 08:47 PM by Howard Bashman


"Handicapping Donald Trump's Supreme Court Shortlist": David Lat has this post at "Above the Law."
Posted at 08:00 PM by Howard Bashman


"UNBREAKING: 7th Circuit Recalls 'Erroneously Issued' Decision." Kimberly Robinson of Bloomberg BNA has this report about the Seventh Circuit's issuance, and then withdrawal, of its ruling in Ozinga v. Burwell on December 27, 2016.

Robinson's article reports that "After the order withdrawing the opinion was posted, the erroneously issued opinion disappeared." That's true in one sense -- the erroneously issued opinion cannot be accessed via that court's opinion-access page today. But the opinion didn't disappear instantaneously, if I recall correctly. It remained available for download from the Seventh Circuits web site for some time -- many hours, indeed -- even after the order withdrawing the opinion was posted.

Linking to the Bloomberg Law version of the now-withdrawn opinion, Robinson speculates that perhaps it was withdrawn because it contained typographical errors, citing as an example the opinion's listing of the coram of the court as containing an extra period -- "Before EASTERBROOK, ROVNER, and SYKES, Circuit Judges.."

But that typo -- sorry to say -- appears to have been introduced by Bloomberg Law's editing of the decision. The actual version of the opinion that the Seventh Circuit posted online on December 27, 2016 doesn't contain two periods after "Circuit Judges" in the line listing the composition of the panel.
Posted at 01:56 PM by Howard Bashman



"Attorney general pick Sessions has dueling images": The Associated Press has this report.
Posted at 01:38 PM by Howard Bashman


"Supreme Court wars escalate": Ariane de Vogue of CNN has an article that begins, "The Supreme Court wars escalated this week when Democrats signaled they are ready to fight for the seat they believe should have gone to Merrick Garland, and already the prospect of the nuclear option is being discussed."
Posted at 10:50 AM by Howard Bashman


"U.S. loses bid to overturn AmEx antitrust decision": Jonathan Stempel of Reuters has a report that begins, "A federal appeals court on Thursday rejected the U.S. government's request that it reconsider its decision allowing American Express Co to stop merchants from encouraging customers to use rival cards that charge lower fees."
Posted at 10:48 AM by Howard Bashman


"The Actuarial Life Expectancies of the SCOTUS Short List": Josh Blackman has this blog post today, along with a post titled "With 15 Days Left in Office, Solicitor General Files Cert Petition in 2nd Amendment Case."
Posted at 09:00 AM by Howard Bashman


"Can States Make People Pay Even When Their Convictions Are Overturned? The Supreme Court considers whether states that charge inmates with fees and restitution have to return that money if their convictions are set aside." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 08:47 AM by Howard Bashman


Thursday, January 5, 2017

"The Incredible Shrinking Supreme Court": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 09:08 PM by Howard Bashman


"Judges corral arguments over wild horse protections in remote California county": Michael Doyle of McClatchyDC has this article reporting on a case scheduled for oral argument next week at the U.S. Court of Appeals for the D.C. Circuit.
Posted at 05:52 PM by Howard Bashman


"The Extraterritorial Constitution and Government Accountability": Today at the "Balkinization" blog, Jonathan Hafetz has a post that begins, "Next month, the Supreme Court will hear arguments in an important case regarding the Constitution's extraterritorial application."
Posted at 05:50 PM by Howard Bashman


"Publishing the President's Role in Advancing Criminal Justice Reform": The White House account at Medium today has this post from Michael Zuckerman, president of the Harvard Law Review.
Posted at 05:02 PM by Howard Bashman


"A Week in the Life of Justice Don Willett: A member of the Texas Supreme Court has become 'the tweetingest judge in America.'" Justice Don Willett has this essay online today at The Wall Street Journal.
Posted at 04:52 PM by Howard Bashman


"Trump SCOTUS Short-Lister Joan Larsen Is a Fan of Executive Power and Presidential Signing Statements; Examining the record of the Michigan Supreme Court Justice": Damon Root has this post today at the "Hit & Run" blog of Reason.com.
Posted at 02:50 PM by Howard Bashman


"What the Chief Justice Should Have Said": Linda Greenhouse will have this essay in the Sunday Review section of this upcoming Sunday's edition of The New York Times.
Posted at 02:46 PM by Howard Bashman


"President Obama Urges Criminal-Justice Reform in Harvard Law Review": Marina N. Bolotnikova has this article online today at Harvard Magazine.

And at "The Volokh Conspiracy," Will Baude has a post titled "President Obama's new Harvard Law Review article."
Posted at 01:42 PM by Howard Bashman



"Argument preview: The perversity of tribal sovereignty." Today at "SCOTUSblog," Todd Henderson has this guest post previewing next Monday's oral argument of Lewis v. Clarke, No. 15-1500.
Posted at 01:22 PM by Howard Bashman


"Jargon, Legalese And The Bluebook: My Conversation With Judge Richard A. Posner." Victor Feraru recently had this blog entry at The Huffington Post.
Posted at 11:44 AM by Howard Bashman


Access the contents of the January 2017 issue of the Harvard Law Review: Via this link, featuring a Commentary by President Barack Obama on criminal justice reform and many interesting Recent Cases notes.
Posted at 11:11 AM by Howard Bashman


"A Gentleman of the Law: A tribute to Judge Diarmuid F. O'Scannlain." Ethan Davis and Daniel Sullivan have this essay online today at National Review.
Posted at 11:04 AM by Howard Bashman


"Schumer, McConnell trade shots ahead of SCOTUS showdown": Seung Min Kim of Politico.com has this report.
Posted at 10:58 AM by Howard Bashman


"Radical rulings prompt backlash against India supreme court; Religious campaigning ban latest in wave of judgments seen as straying into politics": Kiran Stacey of Financial Times has this report.

You can freely access the full text of the article via Google News.
Posted at 10:55 AM by Howard Bashman



"Fill the courts: Federal vacancies delay justice for all." This editorial appears in today's edition of The Pittsburgh Post-Gazette.
Posted at 10:50 AM by Howard Bashman


"Poll shows support for Utah Sen. Mike Lee as Supreme Court selection": Lisa Riley Roche of The Deseret News has this report.
Posted at 10:48 AM by Howard Bashman


"Roberts Belatedly Sees Conflict, Withdraws in Top Court Case": Greg Stohr of Bloomberg News has this report.
Posted at 10:44 AM by Howard Bashman


"Mike Morgan sworn in as NC Supreme Court associate justice": Anne Blythe of The News & Observer of Raleigh, North Carolina has this report.
Posted at 10:42 AM by Howard Bashman


"District Court Opens Registration for Centennial Event With Supreme Court Justice Sotomayor": The St. Thomas (U.S.V.I.) Source has this report.
Posted at 10:32 AM by Howard Bashman


"Health Scare Scratches Charles Manson from Trump's List of Supreme Court Picks": Andy Borowitz of The Borowitz Report has this post online at The New Yorker.
Posted at 10:21 AM by Howard Bashman


Wednesday, January 4, 2017

"High Crimes and Misdemeanors: Donald Trump appears determined to violate the Constitution on Day One of his presidency." Mark Joseph Stern has this Jurisprudence essay online today at Slate.
Posted at 11:34 PM by Howard Bashman


"Sex Offender Lockup Should Trouble Court More": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 11:30 PM by Howard Bashman


"Serial child molester loses on appeal": Ann E. Marimow of The Washington Post has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 10:54 PM by Howard Bashman


"Supreme Court thwarts Shumlin in final hours": April McCullum of The Burlington (Vt.) Free Press has an article that begins, "In a unanimous decision, the Vermont Supreme Court has ruled that outgoing Gov. Peter Shumlin lacks the authority to act this week to replace a justice who will retire at the end of March."

And Peter Hirschfeld of Vermont Public Radio reports that "Vermont Supreme Court Rules Shumlin Can't Appoint Justice's Replacement."

You can access today's unanimous per curiam decision of the Supreme Court of Vermont at this link.
Posted at 10:44 PM by Howard Bashman



"Jim Zirin & William Baude, 'The Post-Election Future of the Supreme Court after Scalia.'" The University of Chicago Law School recently posted this audio online.
Posted at 10:30 PM by Howard Bashman


"Harvard Law School dean to step down": Laura Krantz of The Boston Globe has this report.

Jamie D. Halper and Claire E. Parker of The Harvard Crimson report that "Law School Dean to Step Down in July; Minow to leave deanship as Law School capital campaign surpasses $305 million goal."

And Jim An of The Harvard Law Record has an article headlined "An Exit Interview with Dean Minow."
Posted at 09:02 PM by Howard Bashman



"Patrick steps forward to renew old rivalry with Sessions": Annie Linskey has this front page article in today's edition of The Boston Globe.
Posted at 08:52 PM by Howard Bashman


"An Exciting New Entrant In The Solicitor General Sweepstakes": David Lat has this interesting post today at "Above the Law."
Posted at 08:44 PM by Howard Bashman


"U.S. chief justice steps aside in patent case over stock conflict": Lawrence Hurley of Reuters has this report.
Posted at 08:37 PM by Howard Bashman


"Amicus Oral Argument Participation Over Time": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 08:22 PM by Howard Bashman


"Libertarian Judicial Activism Isn't What the Courts Need": Mark Pulliam has this post at the "American Greatness" blog.
Posted at 05:20 PM by Howard Bashman


"Why Republicans Shouldn't Weaken the Filibuster": Richard A. Arenberg has this op-ed in today's edition of The New York Times.
Posted at 01:44 PM by Howard Bashman


"KBR defeats appeal in U.S. over Nepal, Iraq trafficking claims": Jonathan Stempel of Reuters has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 01:40 PM by Howard Bashman


"9th Circ. Upholds Cert. In ConAgra's GMO False Label Row": Cara Bayles of Law360.com has an article (subscription required for full access) that begins, "The Ninth Circuit on Tuesday upheld the certification of a consumer class alleging 'all natural' labels on ConAgra's Wesson cooking oil misled customers concerned about genetically modified organisms, saying in a published opinion the rules of civil procedure do not require a plan for identifying class members so early in a case."

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



"7th Circuit affirms Indiana's ban on robocalls": Dave Stafford 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 01:28 PM by Howard Bashman


"Liberals eye Sessions hearing as preview of Supreme Court fight": Ariane de Vogue of CNN.com has this report.

Seung Min Kim of Politico.com reports that "Schumer takes hard line on Supreme Court pick."

Bridget Bowman of Roll Call reports that "Schumer Prepared to Hold Supreme Court Seat Open; Minority leader says Democrats will push for 'mainstream' nominee."

Alex Johnson of NBC News has a report headlined "Democrats to Fight Almost Any Trump Supreme Court Nominee: Schumer."

And at the "Daily Intelligencer" blog of New York magazine, Margaret Hartmann has a post titled "Schumer Says He'll Fight to Keep Supreme Court Seat Vacant."
Posted at 11:02 AM by Howard Bashman



"Paul M. Smith, Legendary Supreme Court Litigator, Joins CLC; Smith Will Lead Groundbreaking Litigation to Advance Key Protections for Democracy": The Campaign Legal Center issued this news release today.
Posted at 10:50 AM by Howard Bashman


"Reshaping the courts: Donald Trump is poised to paint America's judiciary red." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 10:45 AM by Howard Bashman


"Who will be the next '10th justice'?" Jonathan H. Adler has this post at "The Volokh Conspiracy."
Posted at 10:42 AM by Howard Bashman


"California Hires Eric Holder as Legal Bulwark Against Donald Trump": Adam Nagourney of The New York Times has this report.
Posted at 10:38 AM by Howard Bashman


"SCOTUS Bar Warms Up to Wachtell Lawyer as Possible Trump SG": Tony Mauro of The National Law Journal has this report.
Posted at 10:33 AM by Howard Bashman


"How to Stop a Trump Supreme Court Nominee": Jeffrey Toobin has this post online today at The New Yorker.
Posted at 08:17 AM by Howard Bashman


Tuesday, January 3, 2017

"Obama Leaves the Constitution Weaker Than He Found It: Even for those like me who admire the 44th president, the constitutional record is disturbingly mixed." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 11:18 PM by Howard Bashman


"VT Supreme Court weighs Shumlin's authority": April McCullum of The Burlington Free Press has an article that begins, "In an overcrowded hearing room Tuesday afternoon, the Vermont Supreme Court heard arguments about whether Gov. Peter Shumlin has authority to appoint a new Supreme Court justice during his final hours in office."
Posted at 08:53 PM by Howard Bashman


"GOP Bill Would Ban Supreme Court From Citing Its Own Obamacare Cases": Tierney Sneed of TPM DC has an article that begins, "Rep. Steve King (R-IA) hates Obamacare so much that he doesn't even want the Supreme Court to cite its own major Obamacare cases in future opinions, according to a bill he introduced Tuesday."

You can view the proposed legislation at this link.
Posted at 08:36 PM by Howard Bashman



"S.E.C.'s In-House Judges Face Supreme Court Scrutiny": Peter J. Henning has this post today at his "White Collar Watch" blog at The New York Times.
Posted at 03:24 PM by Howard Bashman


"Appellate court affirms constitutionality of Minnesota's sex-offender program; Reversal is a victory for Minnesota, defeat for sex offenders who sued": Chris Serres of The Minneapolis Star Tribune has this report.

And The Associated Press has a report headlined "Appeals court: Minnesota sex offender program constitutional."

You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 03:18 PM by Howard Bashman



"Three years late, seminal death penalty report still unfinished": Riley Yates has this front page article in today's edition of The Morning Call of Allentown, Pennsylvania.
Posted at 03:07 PM by Howard Bashman


"Harvard Law School Dean Martha Minow to step down at the conclusion of the academic year; With a focus on access to justice, public service, and entrepreneurship, Minow has guided HLS in new directions to prepare lawyers for challenges and opportunities brought by globalization and a changing legal profession": Harvard Law Today has this report.
Posted at 03:04 PM by Howard Bashman


"Another judicial dirty trick from Senate Republicans": The Los Angeles Times has posted this editorial online.
Posted at 03:02 PM by Howard Bashman


"U.S. Sentencing Commission announces Circuit Judge William H. Pryor, Jr. will serve as Acting Chair of the Commission": The U.S. Sentencing Commission issued this news release today.
Posted at 02:58 PM by Howard Bashman


"President Obama's Supreme Court Nomination of Merrick Garland Expires; Garland's nomination languished for 293 days as Republicans declined to give him a hearing": Jess Bravin of The Wall Street Journal has this report.

And Mallory Shelbourne of The Hill reports that "Schumer regrets Dems triggering 'nuclear option.'"
Posted at 02:54 PM by Howard Bashman



"Inside Trump's strategy to remodel the Supreme Court: The president-elect is narrowing his short list while his advisers look beyond the current opening." Shane Goldmacher and Josh Gerstein of Politico.com have this report.

And Gerstein also has a related article headlined "A closer look at Trump's potential Supreme Court nominees: These eight people have been identified by people on the transition team as frontrunners to replace late Supreme Court Justice Antonin Scalia."
Posted at 10:20 AM by Howard Bashman



Monday, January 2, 2017

"India's Top Court Bars Campaigns Based on Identity Politics": Ellen Barry will have this article in Tuesday's edition of The New York Times.

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



"RBG: Supreme Champion of Justice and Civil Rights." Rahel Musleah has this cover story in the December 2016 issue of Hadassah Magazine.

And recently at "SCOTUSblog," Ronald Collins had a post titled "Ask the author: Justice Ginsburg in her own words . . . and then some."
Posted at 10:18 PM by Howard Bashman



"After Obama, Some Health Reforms May Prove Lasting; A transformation of the delivery of health care may be an enduring legacy for the president, even as Republicans plan to repeal the Affordable Care Act": Abby Goodnough and Robert Pear of The New York Times have this report.

And Kelsey Snell and Mike DeBonis of The Washington Post have an article headlined "Why Obamacare is unlikely to die a swift death."
Posted at 09:33 PM by Howard Bashman



"Dylann Roof, Charleston Church Killer, Is Deemed Competent for Sentencing": Alan Blinder will have this article in Tuesday's edition of The New York Times.

And Jennifer Berry Hawes and Glenn Smith of The Post and Courier of Charleston, South Carolina have an article headlined "Dylann Roof found competent to proceed with penalty phase."
Posted at 09:08 PM by Howard Bashman



"Resolve the 'ALJ Quandary': Let the D.C. Circuit Appoint and Remove ALJs." Kent Barnett has this guest post today at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 04:18 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: Resolved 2.0." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 04:15 PM by Howard Bashman


"Roberts' 'Missed Opportunity' on Judicial Vacancies": Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 04:12 PM by Howard Bashman


"Purging Criminal Code of defunct 'zombie laws' no simple task; Outdated offences that are still included in Canada's Criminal Code include duelling, abortion and pretending to practise witchcraft": Alyshah Hasham of The Toronto Star has an article that begins, "Given the epidemic of fake news and the influence it may have had on the U.S. election, Section 181 of Canada's Criminal Code would seem particularly noteworthy. The charge: spreading false news."
Posted at 09:56 AM by Howard Bashman


"Lawmakers and advocates seek to undo Texas Supreme Court rulings that concealed public records": J. David McSwane of The Dallas Morning News has an article that begins, "Recent rulings by the Texas Supreme Court have hidden records long regarded as public, such as contracts between a governmental body and a private business, and have contributed to growing secrecy about how state and local authorities spend your tax dollars."
Posted at 09:50 AM by Howard Bashman


"With New Congress Poised to Convene, Obama's Policies Are in Peril": Jennifer Steinhauer has this front page article in today's edition of The New York Times.
Posted at 09:42 AM by Howard Bashman


In the January 9, 2017 issue of The New Yorker: Kelefa Sanneh has an article headlined "Intellectuals for Trump: A rogue group of conservative thinkers try to build a governing ideology around a President-elect who disdains ideology." Not surprisingly, the article contains several mentions of U.S. Supreme Court nominations.

And Nicholas Schmidle has an article headlined "Can Technology Make Football Safer? A high school in Fort Lauderdale is using everything from state-of-the-art helmets to robots to prevent head injuries."
Posted at 09:33 AM by Howard Bashman



"101 First Street #2: 'The Most Exciting Parts.'" While you are out celebrating Christmas and New Year's, the creators of the First Mondays podcasts are busy recording episodes such as this one about the nuts-and-bolts of U.S. Supreme Court practice. Draw your own conclusions about their priorities, but don't forget to listen.
Posted at 09:25 AM by Howard Bashman


Sunday, January 1, 2017

"Obama could still force Merrick Garland onto court during 'intersession recess'": Stephen Dinan of The Washington Times has an article that begins, "President Obama will have one last chance to force Judge Merrick Garland onto the U.S. Supreme Court on Tuesday -- but it's a legal gamble and one that has so many pitfalls that even those who say he could get away with it believe it isn't worth the fight."

And online at Bloomberg View, Megan McArdle has an essay titled "Hacking Democratic Rules Isn't Good Government."
Posted at 11:24 PM by Howard Bashman



"House Republicans Fret About Winning Their Health Care Suit": Carl Hulse has this new installment of his "On Washington" column in today's edition of The New York Times.
Posted at 09:35 PM by Howard Bashman


"Vermont Supreme Court To Rule Tuesday On Whether Shumlin Can Appoint A New Justice": Bob Kinzel of Vermont Public Radio has a report that begins, "A very unusual legal case will be decided in Montpelier Tuesday. The Vermont Supreme Court will hold a special hearing to determine whether Gov. Peter Shumlin has the authority to appoint a new member to the court."
Posted at 09:00 PM by Howard Bashman


"Dylann Roof Himself Rejects Best Defense Against Execution": Kevin Sack and Alan Blinder will have this article in Monday's edition of The New York Times.
Posted at 08:52 PM by Howard Bashman


"Where the supreme court battle goes from here: 'There will be a huge fight'; Donald Trump has promised to nominate a conservative in the mould of Antonin Scalia -- but Democrats seem ready to battle to prevent that from happening." David Smith of The Guardian (UK) has this report.
Posted at 08:30 PM by Howard Bashman


"Appeals court panel upholds secrecy order for Ohio's execution drugs": Jeremy Pelzer of The Cleveland Plain Dealer has this report.

And Chris Geidner of BuzzFeed News reports that "Ohio Can Keep Execution Drug Supplier Secret From Death Row Inmates; The 2-1 federal appeals court ruling is a loss for death row inmates who are challenging Ohio's execution procedures."

You can access Friday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 08:22 PM by Howard Bashman



"Wallace Hall's fight over UT records heads to Texas Supreme Court": Chuck Lindell of The Austin American-Statesman has an article that begins, "The Texas Supreme Court announced Friday that it will decide whether University of Texas System Regent Wallace Hall Jr. should be provided records from an internal investigation into favoritism in admissions to UT."

And Madlin Mekelburg of The Dallas Morning News reports that "Texas Supreme Court to take up UT regent Wallace Hall's fight over student records."
Posted at 05:07 PM by Howard Bashman







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