How Appealing

Monday, October 16, 2017

"Supreme Court refuses to hear case questioning Google's trademark; Lawsuit claimed 'google' had become synonymous with 'search the Internet'": David Kravets of Ars Technica has this report.
Posted at 08:45 PM by Howard Bashman


"U.S. Supreme Court declines Ten Commandments case": Hannah Grover of The Farmington (N.M.) Daily Times has this report.
Posted at 08:42 PM by Howard Bashman


"Settlement May Scuttle Securities-Fraud Clash at Supreme Court": Greg Stohr of Bloomberg News has this report.
Posted at 08:37 PM by Howard Bashman


"Justices to Decide on Forcing Technology Firms to Provide Data Held Abroad": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Supreme Court to consider major digital privacy case on Microsoft email storage."

David G. Savage of The Los Angeles Times reports that "Supreme Court to decide if U.S. agents can obtain emails stored overseas by Microsoft."

Richard Wolf of USA Today reports that "Supreme Court will hear U.S.-Microsoft battle over emails."

Matt Day of The Seattle Times reports that "Supreme Court will take up Microsoft email warrant fight."

Mark Sherman of The Associated Press reports that "Court agrees to take on US-Microsoft dispute over emails."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court to decide major Microsoft email privacy fight."

Greg Stohr of Bloomberg News reports that "Microsoft Email-Access Fight With U.S. Gets Top Court Review."

David Kravets of Ars Technica reports that "Supreme Court to decide if US has right to data on world's servers; Feds claim legal right to reach into the world's servers with a valid US warrant."

Josh Gerstein of Politico.com reports that "Supreme Court to hear case on accessing data stored abroad; Justice Department gets review of decision favoring Microsoft."

And Matt Ford of The Atlantic has a report headlined "Should Federal Prosecutors Be Able to Search Americans' Emails Overseas? The Supreme Court will resolve a standoff between Microsoft and federal prosecutors who want access to customer data stored in Ireland."
Posted at 07:56 PM by Howard Bashman



"Sotomayor discusses civics, other topics at Queens College talk": Ryan Brady of Queens Chronicle has this report.
Posted at 07:36 PM by Howard Bashman


"Greg Katsas -- Nominee for the U.S. Court of Appeals for the D.C. Circuit": Harsh Voruganti has this post at his blog, "The Vetting Room."
Posted at 07:32 PM by Howard Bashman


"American Express Fee Accusations Get U.S. High Court Hearing": Greg Stohr of Bloomberg News has this report.

And Andrew Chung of Reuters reports that "U.S. top court to review antitrust claims against American Express."
Posted at 05:26 PM by Howard Bashman



"Judge rejects Menendez request to toss bribery charges": Thomas Moriarty and MaryAnn Spoto of The Newark (N.J.) Star-Ledger have this report.

And Nick Corasaniti of The New York Times reports that "Menendez Trial Judge Rejects Motion to Dismiss the Case."
Posted at 05:06 PM by Howard Bashman



"Yahoo! can't withhold dead man's e-mails from family, SJC rules": John R. Ellement of The Boston Globe has this report.

Gintautas Dumcius of The Republican of Springfield, Massachusetts has an article headlined "Yes, Yahoo can give dead man's family members access to his email account, Massachusetts Supreme Judicial Court says."

And Nate Raymond of Reuters has a report headlined "Massachusetts court: Yahoo can give dead man's emails to siblings."

You can access today's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 03:33 PM by Howard Bashman



"Slow and Unsteady: Supreme Court's New Transcription Service." Kimberly Robinson has this post at Bloomberg BNA's "US Law Week Blog."
Posted at 03:02 PM by Howard Bashman


"How Anti-Trump Psychiatrists Are Mobilizing Behind the Twenty-Fifth Amendment": Law professor Jeannie Suk Gersen has this post online at The New Yorker.
Posted at 02:40 PM by Howard Bashman


"The Danger of President Pence: Trump's critics yearn for his exit; But Mike Pence, the corporate right's inside man, poses his own risks." Jane Mayer has this article in the October 23, 2017 issue of The New Yorker.
Posted at 02:36 PM by Howard Bashman


Ninth Circuit Judge M. Margaret McKeown to Receive White House Fellows Program Award: The White House Fellows Foundation and Association recently issued this news release.
Posted at 02:22 PM by Howard Bashman


"OT2017 #3: "Nowheresville" (ft. Nina Totenberg)." You can access today's new episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 02:14 PM by Howard Bashman


"Judge Ralph K. Winter Receives 2017 Devitt Award": The Administrative Office of the U.S. Courts has issued this news release.
Posted at 01:14 PM by Howard Bashman


"Court nominee faces scrutiny over Trump White House role": Josh Gerstein of Politico.com has an article that begins, "Greg Katsas has spent more than three decades burnishing a high-powered legal resume that makes him a solid pick for the D.C. Circuit Court of Appeals, but the biggest obstacle to his winning confirmation is the job he's had for the past nine months: serving as a top White House lawyer for President Donald Trump."
Posted at 01:09 PM by Howard Bashman


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

In addition, in Scenic America, Inc. v. Dep't of Transp., No. 16-739, Justice Neil M. Gorsuch issued a statement, in which Chief Justice John G. Roberts, Jr. and Samuel A. Alito, Jr. joined, respecting the denial of certiorari.

And in Truehill v. Florida, No. 16-9448, Justice Stephen G. Breyer issued a dissent from denial of certiorari. And Justice Sonia Sotomayor also issued a dissent, in which Justices Ruth Bader Ginsburg and Breyer joined, from the denial of certiorari. Because four votes are needed to grant certiorari in a case, if Justice Elena Kagan (or any other Justice for that matter) had voted to grant certiorari, this death penalty case would have landed on the Court's merits docket.
Posted at 09:37 AM by Howard Bashman



Sunday, October 15, 2017

"The Morality of Administrative Law": Law professor Cass R. Sunstein and Adrian Vermeule have posted this article on SSRN (via "Legal Theory Blog").
Posted at 11:03 PM by Howard Bashman


"Texas Engaged In Viewpoint Discrimination In Removal of Bill of Rights Nativity Display": Howard Friedman has this post at his "Religion Clause" blog about a ruling that the U.S. District Court for the Western District of Texas issued on Friday.
Posted at 10:42 PM by Howard Bashman


"Menendez Trial May Hinge on a New Definition of Bribery": Nick Corasaniti of The New York Times has this report.
Posted at 10:35 PM by Howard Bashman


"Symposium on the Testimony of Lawrence B. Solum on Originalism at the Gorsuch Hearings": You can access the symposium papers via this link at the "Legal Theory Blog."
Posted at 10:28 PM by Howard Bashman


"Trump Closes a Health Dispute, but Leaves Open a Power Struggle": Carl Hulse has this new installment of his "On Washington" column online at The New York Times.
Posted at 10:22 PM by Howard Bashman


"A Free Pass for Corporations in Human Rights Suits?" Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 10:18 PM by Howard Bashman


"Editing Alchemy": Joseph Regalia has this post at the "Appellate Advocacy Blog."
Posted at 10:12 PM by Howard Bashman


"Guantanamo Defendant Is Sentenced, in Rare Success for Military Commission": Charlie Savage had this article in yesterday's edition of The New York Times.

And at "Just Security," David Luban has a post titled "Indefensible: Why Guantanamo defense lawyers can't ethically participate any longer."
Posted at 10:04 PM by Howard Bashman



"How the Supreme Court Can Soothe U.S. Political Strife: Curbing gerrymandering would encourage politicians to reach across the partisan aisle." Albert R. Hunt has this essay online at Bloomberg View.
Posted at 09:28 PM by Howard Bashman


"Meet a convicted felon who became a Georgetown law professor: Shon Hopwood was serving time for armed bank robbery when he discovered he had a brilliant mind for the law; Steve Kroft reports on an improbable tale of redemption." This video segment appeared on this evening's broadcast of the CBS News program "60 Minutes."
Posted at 09:02 PM by Howard Bashman


"The Obtuse Saboteur: Trump's plan to kill Obamacare isn't just reckless -- it's illegal, and likely to fail in the courts." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 08:50 PM by Howard Bashman


"Aiding Transgender Case, Sessions Defies His Image on Civil Rights": Matt Apuzzo of The New York Times has this report.
Posted at 08:40 PM by Howard Bashman


"Two Guns Per Person: A simple, constitutional proposal that protects both Americans' lives and liberty." Doug Pennington has this jurisprudence essay online at Slate.
Posted at 08:35 PM by Howard Bashman


Saturday, October 14, 2017

"Lesson for Ezekiel Elliott: The Contract Always Wins; The appeals court was clear in ruling that the NFL commissioner was within his rights to suspend the Dallas Cowboys player." Law professor Stephen L. Carter has this essay online at Bloomberg View.
Posted at 11:58 PM by Howard Bashman


"Appeals court keeps Arkansas abortion pill limits on hold": Andrew DeMillo of The Associated Press has this report.
Posted at 10:16 PM by Howard Bashman


"Maine abortion protester seeks Supreme Court review of noise law": Judy Harrison of The Bangor Daily News has this report.
Posted at 10:12 PM by Howard Bashman


"An Episcopalian judge helped decide an Episcopalian dispute at S.C. Supreme Court: Was that wrong?" Andrew Knapp of The Post and Courier of Charleston, South Carolina has this report.
Posted at 10:08 PM by Howard Bashman


"Law Review Elects First Ever Majority Female Class": Jamie D. Halper of The Harvard Crimson has this report.
Posted at 10:05 PM by Howard Bashman


"Many patent-holders stop looking to East Texas following Supreme Court ruling; Can Delaware handle the incoming caseload?" Joe Mullin of Ars Technica has this report.
Posted at 10:02 PM by Howard Bashman


"A Record Set by the OSG During the Obama Years": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 04:22 PM by Howard Bashman


"Judges and Journalists: Accuracy and Access." The U.S. Court of Appeals for the Third Circuit is among the co-sponsors of this event, which will take place in Pittsburgh on October 31, 2017 from 11:00 a.m. to 4:00 p.m.

I will be one of the panelists for the final session, titled "Changes in the Media and Media Law." You can access the complete program, containing the location of the event, a list of all the speakers and panelists, and a sign-up form, via this link.
Posted at 03:12 PM by Howard Bashman



"Kim Davis, Once Jailed in America, Campaigns Against Gay Marriage in Romania": Liam Stack and Kit Gillet had this article in Friday's edition of The New York Times.
Posted at 10:28 AM by Howard Bashman


"D.C. Circuit Review -- Reviewed: 'Also Known as Fish.'" Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 10:10 AM by Howard Bashman


"Review: In 'Marshall,' a Legal Pioneer Gives History a Shove." Manohla Dargis had this movie review in yesterday's edition of The New York Times.

And Jake Coyle of The Associated Press has a movie review titled "In 'Marshall,' a young Thurgood in Connecticut."
Posted at 10:05 AM by Howard Bashman



Friday, October 13, 2017

"My attempt at jury duty failed -- because I'm a nursing mother": Judith P. Miller has this essay online at The Chicago Tribune.
Posted at 04:28 PM by Howard Bashman


"Trump's Latest Travel Ban Could Be the Toughest to Challenge; Earlier iterations of the executive order were rushed and unpolished; But the third version could very well pass the Supreme Court's test": Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 02:38 PM by Howard Bashman


"The Left's New Plan to Gut Religious-Liberty Protections; In a flurry of pending court cases, liberals are arguing for a radical reinterpretation of the Constitution's establishment clause": Margot Cleveland has this essay online at National Review.
Posted at 02:03 PM by Howard Bashman


This Red Hot class action doesn't belong in federal court, Eighth Circuit rules: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 01:54 PM by Howard Bashman


"Why courts ruled in NFL's favor, allowing league to enforce Ezekiel Elliott's suspension immediately": Kate Hairopoulos has this front page article in today's edition of The Dallas Morning News.

Drew Davison of The Fort Worth Star-Telegram reports that "Court ruling OKs NFL's investigation process, Ezekiel Elliott now suspended."

In today's edition of The New York Times, Benjamin Hoffman has an article headlined "Ezekiel Elliott's 6-Game N.F.L. Suspension Reinstated by Court."

Lauren Theisen of Deadspin.com reports that "Appeals Court Vacates Ezekiel Elliott's Injunction, Clears Path To Suspension."

At SI.com's "MMQB" blog, Michael McCann has a post titled "Ezekiel Elliott Suspension: Breaking Down Remaining Legal Options for the Cowboys RB."

And Austin Knoblauch of NFL.com has a report titled "What happens next in the Ezekiel Elliott case?"

Yesterday, a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued this non-precedential ruling in the case.

Update: After this post originally appeared, the Fifth Circuit reissued its ruling in this case as a published decision.
Posted at 01:48 PM by Howard Bashman



Thursday, October 12, 2017

"Judicial 'Blue Slips' Give Single Senators Too Much Say; The filibuster for court nominees is gone; This custom can end too": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:30 PM by Howard Bashman


Eleventh Circuit Judge Kevin C. Newsom makes a strong case for prompt inclusion among my 13 favorite writers now serving in the federal appellate judiciary: For one reason or another, a couple of vacancies now exist on that list. Judge Newsom's most recent published opinion issued today on behalf of a unanimous three-judge panel can be accessed here. If added to that list, Newsom would give the Eleventh Circuit three representatives, rivaling the Seventh Circuit back when it had Terence T. Evans in addition to Posner and Easterbrook.

A new Sixth Circuit judge with the initials ART is also very much in the running to join that list. And say what you will about the ideology (actual or perceived) of President Trump's current federal appellate court nominees, but it seems indisputable that several more very talented writers are among that group.
Posted at 11:15 PM by Howard Bashman



"The radical ideology of this Trump nominee makes even the most conservative SCOTUS justices uneasy: It's a nice government you have there; Would be a shame if someone breaks it." Online at ThinkProgress, Ian Millhiser has an essay that begins, "Justice Don Willett is charming."
Posted at 08:20 PM by Howard Bashman


"Justices Weigh Immunity for Corporations in Human Rights Cases Abroad": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "High court wrestles with law letting foreign citizens sue overseas firms."

In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Supreme Court Hears Arguments in Case Against Jordan's Arab Bank; Justices consider an 18th Century statute authorizing foreigners to file cases in U.S. alleging violations of international law."

Richard Wolf of USA Today reports that "Supreme Court divided over Mideast terrorism financing."

Greg Stohr of Bloomberg News reports that "U.S. Supreme Court May Shield Companies From Human-Rights Lawsuits."

Lawrence Hurley of Reuters reports that "U.S. justices question Arab Bank liability in militant attacks."

And Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a post titled "Justice Gorsuch's strange detour in Alien Tort Statute case."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Jesner v. Arab Bank, PLC, No. 16-499.
Posted at 08:04 PM by Howard Bashman



"NC county asks US Supreme Court to reaffirm freedom to pray before public meetings; Rowan County request gives high court opportunity to clear up conflicts between lower courts": Alliance Defending Freedom has issued this news release about a petition for writ of certiorari filed today.
Posted at 04:22 PM by Howard Bashman


Wednesday, October 11, 2017

"No Rehearing in Fight Over Berkeley Cellphone Warning": Nicholas Iovino of Courthouse News Service has this report on an order, accompanied by a concurring and a dissenting opinion, denying rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:22 PM by Howard Bashman


"Statement on Confidentiality of Court Materials": The U.S. Court of Appeals for the Seventh Circuit has posted online this document, which includes as an attachment a letter that Chief Judge Diane P. Wood received from the Committee on Codes of Conduct of the Judicial Conference of the United States.
Posted at 11:14 PM by Howard Bashman


"Blogging partner rampages against Third Circuit ruling": Matthew Stiegler has this post at his "CA3blog."
Posted at 11:00 PM by Howard Bashman


"The Guy in the Bully Pulpit Can't Be a Bully; The Constitution doesn't allow Trump to use the IRS to punish the NFL over player protests: It's a free-speech thing." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 10:33 PM by Howard Bashman


"9th Circuit Rules There's No Constitutional Right to Sell Firearms. Will the Supreme Court Care?" Mark Joseph Stern has this essay online at Slate.
Posted at 10:20 PM by Howard Bashman


"Supreme Court Ruling Threatens to Derail Case Against Menendez": Nick Corasaniti of The New York Times has this report.
Posted at 09:36 PM by Howard Bashman


"The Legal Resistance to President Trump: The thinly veiled legal revolt against President Trump playing out in the courts will set lasting and dangerous precedents." Law professor Josh Blackman has this essay online at National Review.
Posted at 08:52 PM by Howard Bashman


"On Contraception, It's Church Over State": Linda Greenhouse has this essay online at The New York Times.
Posted at 08:02 PM by Howard Bashman


"How Trump Uses 'Religious Liberty' to Attack L.G.B.T. Rights": Masha Gessen has this post online at The New Yorker.
Posted at 07:46 PM by Howard Bashman


"Grassley not planning to change 'blue slip' procedure for judicial nominees": Ted Barrett of CNN.com has this report.
Posted at 07:04 PM by Howard Bashman


"2017 U.S. Supreme Court Preview": UC Irvine School of Law has posted this video on YouTube featuring law professors Jennifer Chacon, Leah Litman, and Rick Hasen.
Posted at 04:32 PM by Howard Bashman


"U.S. Supreme Court to hear Georgia-Florida water rights case": Tamar Hallerman and Greg Bluestein of The Atlanta Journal-Constitution have this report.

Tyler Estep of The Atlanta Journal-Constitution has an article headlined "Gov. Deal on Supreme Court water case: Georgia has 'a good story to tell.'"

And Lloyd Dunkelberger of the News Service of Florida reports that "U.S. Supreme Court wades into Florida-Georgia water war."
Posted at 04:18 PM by Howard Bashman



"Texas nominee for federal court at odds with Trump on birthright citizenship; Last month, President Donald Trump said he is nominating Dallas attorney James Ho to the U.S. 5th Circuit Court of Appeals; Years of his writing show a strong interest by Ho in the thorny issue of birthright citizenship": Emma Platoff of The Texas Tribune has this report.
Posted at 04:08 PM by Howard Bashman


"Mitch McConnell Is Keeping The Senate Rule That Lets Dems Block Trump's Judges; The GOP leader may not personally be a fan of blue slips, but he's not getting rid of them, says his spokesman": Jennifer Bendery of HuffPost has this report.

Just a few minutes before that HuffPost report appeared online, Burgess Everett and Seung Min Kim of Politico.com reported that "McConnell ratchets up judicial wars -- again; The Senate leader wants to end the long-running practice of giving home-state senators sign-off on court nominees."
Posted at 04:05 PM by Howard Bashman



"Companies Ask Supreme Court to Hear Gay-Rights Case; Apple, Cigna among dozens of businesses at odds with Trump administration's view": Jess Bravin of The Wall Street Journal has this report.
Posted at 03:54 PM by Howard Bashman


"Supreme Court 2016 Statutory Term in Review: Perry v. MSPB, Punctuating Adverbial and Adjectival Phrases, and the Beach Boys." Asher Steinberg has this lengthy but interesting post at his "The Narrowest Grounds" blog.
Posted at 03:50 PM by Howard Bashman


Tuesday, October 10, 2017

Programming note: On Wednesday morning, I will be rearguing an appeal before a three-judge panel of the Superior Court of Pennsylvania. I originally argued this appeal on February 2, 2016, and I posted my client's Brief for Plaintiff-Appellee in the case (the second of two cases I was arguing that day before the same three-judge panel) in this earlier post.

The original three-judge panel announced that it was deadlocked on May 1, 2017 after one of the three judges on the panel recused himself. The recusal and the deadlock were disclosed simultaneously that day.

Arguing against me on appeal -- as he has in many high-value appeals in which I have been fortunate to represent the prevailing plaintiff -- is Dechert attorney Robert C. Heim, a leader of Philadelphia's corporate defense bar in cases of great importance.

Being good lawyers themselves, Heim and his colleagues can be counted on to recognize and pursue the strongest arguments available to their client on appeal. In this case, the defendant-appellant's principal arguments are that the trial judge as finder-of-fact issued findings that lack support in the evidence and that the trial judge was biased against the defendant and insurance companies in general. The outcome of the appeal, some 20 months after its original oral argument, remains to be decided.

As a result of my oral argument on Wednesday morning, additional posts will appear here on Wednesday afternoon.
Posted at 10:42 PM by Howard Bashman



"Federal judge panel upholds Alameda County's controversial gun ordinance": David DeBolt of The East Bay Times has this report.

And Nick McCann of Courthouse News Service reports that "2nd Amendment Doesn't Include Right to Sell Guns, Full 9th Circuit Rules."

You can access today's ruling of an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:10 PM by Howard Bashman



"Court reinstates family's lawsuit against deputy who fatally shot man in Eloy": Howard Fischer of The Arizona Daily Star has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 10:02 PM by Howard Bashman


"But none of this matters because California doesn't have a death penalty." So writes Circuit Judge Alex Kozinski in a dissent from a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 09:54 PM by Howard Bashman


"An Even More Insidious Kind of Gerrymandering: In North Carolina, Republicans want to use redistricting to kick Democrats off the courts." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 09:16 PM by Howard Bashman


"In victory for Trump, Supreme Court dismisses travel ban case": Richard Wolf and Gregory Korte of USA Today have this report.

Adam Liptak of The New York Times reports that "Supreme Court Dismisses Appeal of Case on Expired Travel Ban."

Robert Barnes of The Washington Post reports that "Supreme Court dismisses case against Trump's expired travel ban."

Mark Sherman of The Associated Press reports that "Supreme Court dismisses 1 of 2 travel ban cases."

Lawrence Hurley of Reuters reports that "Supreme Court tosses one of two travel ban challenges."

Greg Stohr of Bloomberg News reports that "High Court Dismisses One Trump Travel Ban Case, May Drop Second."

And Ariane de Vogue of CNN.com reports that "Supreme Court dismisses one of two travel ban cases."

You can access this evening's order of the U.S. Supreme Court at this link.
Posted at 09:00 PM by Howard Bashman



"How Appealing Still Appeals": This blog and its author are the subject of the alumni profile written by Andrew Faught contained in the Fall 2017 issue of Emory Lawyer magazine, an issue whose cover features an image from the law school's recent Centennial Gala.
Posted at 07:18 PM by Howard Bashman


"Attorneys in the Clutch": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 03:33 PM by Howard Bashman


"McConnell tries to defuse conservative anger over stalled judicial nominations": Seung Min Kim and Burgess Everett of Politico.com have this report.
Posted at 11:00 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 in one case.
Posted at 09:38 AM by Howard Bashman


Monday, October 9, 2017

"The Strange Case of Puerto Rico: How a series of racist Supreme Court decisions cemented the island's second-class status." Doug Mack has this essay online at Slate.
Posted at 11:16 PM by Howard Bashman


"Holding Prosecutors Accountable Is Hard. It Could Get Harder." Alan Feuer has this article in today's edition of The New York Times.
Posted at 09:33 PM by Howard Bashman


"Should Trump DOJ get a mulligan on 4th, 9th Circuit travel ban opinions?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 09:16 PM by Howard Bashman


"Confronting Crawford: Justice Scalia, the Judicial Method, and the Limits(?) of Originalism." Law professor Gary S. Lawson has posted this paper on SSRN (via "Legal Theory Blog").
Posted at 01:36 PM by Howard Bashman


"Compelled Association: If the Supreme Court thinks nonmembers can't be compelled to pay union fees, then unions can't be compelled to represent nonmembers." Daniel Horwitz has this jurisprudence essay online at Slate.
Posted at 01:30 PM by Howard Bashman


"Will the Supreme Court Unravel Public Employee Unions? The conservative justices seem eager to deal a fatal blow to one of the major constituencies of the Democratic Party." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 08:20 AM by Howard Bashman


"OT2017 #2: 'Who is the River Master?'" You can access today's new episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 08:14 AM by Howard Bashman


"Facing the Death Penalty With a Disloyal Lawyer": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 08:12 AM by Howard Bashman


Sunday, October 8, 2017

"Satanist wins transfer of her abortion rights case to the Missouri Supreme Court": Max Londberg of The Kansas City Star has this report.
Posted at 10:28 PM by Howard Bashman


"These Are the Only Two Photos of the US Supreme Court in Session": Michael Zhang has this post at PetaPixel.
Posted at 10:24 PM by Howard Bashman


"Partisan Gerrymanders Aren't Intentional Viewpoint Discrimination (or Any Other Type of Discrimination)": Asher Steinberg has this post at his blog, "The Narrowest Grounds."
Posted at 07:55 PM by Howard Bashman


"Supreme Court ponders if lawyer can concede client's guilt when accused claims innocence": Robert Barnes of The Washington Post has this report.
Posted at 07:44 PM by Howard Bashman


"The Letter and the Spirit: A Unified Theory of Originalism." Law professor Randy E. Barnett and Evan D. Bernick have posted this article on SSRN.
Posted at 07:42 PM by Howard Bashman


"Corpus Linguistics as a Tool in Legal Interpretation": Professors Lawrence M. Solan and Tammy A Gales have posted this article on SSRN (via "Legal Theory Blog").
Posted at 10:52 AM by Howard Bashman


"D.C. Circuit Review -- Reviewed: 'Most Things I Worry About.'" Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 10:48 AM by Howard Bashman


"Three Quick Observations on the U.S. Citizen ISIL Detainee": Marty Lederman has this post at "Just Security."
Posted at 10:44 AM by Howard Bashman


"'Makeweight Excuses' on Political Gerrymandering": Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 10:42 AM by Howard Bashman


"Gorsuch v. Roberts: The rookie takes on the chief." Joan Biskupic of CNN.com has this news analysis.
Posted at 10:40 AM by Howard Bashman


Saturday, October 7, 2017

"'Good reason' no longer needed to carry a concealed gun in D.C." Peter Jamison and Ellie Silverman of The Washington Post have this report.
Posted at 08:12 PM by Howard Bashman


"Videos from 2017 Ninth Circuit Judicial Conference Program Now Available": If, like me, you were wondering when the U.S. Court of Appeals for the Ninth Circuit would post online the video of the programs from this summer's judicial conference, I'm pleased to report that it has happened, as noted in this recent news release. All the videos can be accessed via this link.

Readers may recall that Justice Neil M. Gorsuch attended the conference in place of Justice Anthony M. Kennedy. Justice Gorsuch appears in the following videos: "Opening Ceremony and Naturalization Ceremony": "2017 Ninth Circuit Civics Contest Award Winner Presentations"; and "Civics Education in the Ninth Circuit and Beyond: A Forum for Sharing New Ideas and Best Practices."

Other videos from the conference that readers may find of interest include: "Korematsu: A Historical Overview"; "Supreme Court Review"; "One on One with the AO Director"; "Lies, Damn Lies, and the News? Fake News: What It Is, What It Means, and Why It Matters"; "Public Confidence in the Election Process"; and "May the Force Be With You: The Future of Science in the Courtroom."

Just as the Ninth Circuit deserves tremendous accolades for posting video of its oral arguments online promptly, the Ninth Circuit has done a great service to lawyers and members of the general public who were unable to attend the Judicial Conference by making the Conference's programming freely available online.
Posted at 07:45 PM by Howard Bashman



"Court: Movie theaters must accommodate deaf-blind patrons." Michael Rubinkam of The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.
Posted at 06:52 PM by Howard Bashman


"The Justices Have Questions About How to Fix Partisan Gerrymandering: Here's everything they need to know." Law professor Nicholas Stephanopoulos has this jurisprudence essay online at Slate.
Posted at 10:04 AM by Howard Bashman


"How the Court Can Challenge Extreme Gerrymandering: The partisan design of electoral districts, aided by technology, can pose a threat to the very idea of self-government." Law professor Cass R. Sunstein has this essay online at Bloomberg View.
Posted at 10:00 AM by Howard Bashman


"Bloody Heller: The Supreme Court created a gun rights crisis it's unwilling to solve." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:57 AM by Howard Bashman


"No cameras, please: How the Supreme Court shuns the spotlight." Ariane de Vogue of CNN.com has this report.
Posted at 09:54 AM by Howard Bashman


"How Justice Kennedy Could Give Both Parties a Win: His theory of free speech could be used strike down partisan gerrymandering while upholding a cake baker's right to discriminate." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:52 AM by Howard Bashman


Friday, October 6, 2017

In today's mail: I received a copy of the new book "The Battle for the Court: Interest Groups, Judicial Elections, and Public Policy," by Lawrence Baum, David Klein, and Matthew J. Streb.
Posted at 05:36 PM by Howard Bashman


"Richard Posner, Unedited (Part One)." Steve Lubet has this post at "The Faculty Lounge."
Posted at 05:26 PM by Howard Bashman


"Supreme Court's newest justice has an elk as an office mate": Jessica Gresko of The Associated Press has this report.
Posted at 08:26 AM by Howard Bashman


Thursday, October 5, 2017

"Condemned inmate Duane Buck escapes death penalty": Brian Rogers of The Houston Chronicle has this report.

Alex Arriaga of The Texas Tribune reports that "Texas death row inmate Duane Buck has sentence reduced to life after Supreme Court orders retrial."

And Matthew Haag of The New York Times reports that "Texas Man's Death Sentence Thrown Out Over Racist Testimony."
Posted at 10:54 PM by Howard Bashman



"Trump Administration Set to Roll Back Birth Control Mandate": Robert Pear will have this article in Friday's edition of The New York Times.
Posted at 10:20 PM by Howard Bashman


"Reforming Richard Posner: The Former Federal Judge Needs to Overhaul His Assessment of the Seventh Circuit's Staff Attorney Program and Correct the Errors in His Book." Zoran (Zoki) Tasic has posted this interesting article on Google Drive.
Posted at 08:47 PM by Howard Bashman


"Dear Senators: the Third Circuit's shortage of women judges is a crisis." Matthew Stiegler has this post at his "CA3blog."
Posted at 08:14 PM by Howard Bashman


"The Supreme Court's Gerrymandering Case and Strategies for Winning Justice Kennedy's Vote": Jeffrey Toobin has this post online at The New Yorker.
Posted at 04:58 PM by Howard Bashman


"D.C. will not appeal concealed carry gun ruling to Supreme Court": Peter Jamison and Ann E. Marimow of The Washington Post have this report.

And Jessica Gresko of The Associated Press reports that "DC officials won't appeal ruling against strict gun law."
Posted at 04:48 PM by Howard Bashman



"Assessing the ACLU Habeas Petition on Behalf of the Unnamed US Citizen Held as an Enemy Combatant in Iraq": Robert Chesney has this post at the "Lawfare" blog.

And yesterday at the "Just Security" blog, Steve Vladeck had a post titled "The Increasingly Unsettling Indifference Toward the US Citizen 'Enemy Combatant.'"
Posted at 04:35 PM by Howard Bashman



"Administration says Supreme Court should stop review of past travel bans": Robert Barnes of The Washington Post has this report.

Richard Wolf of USA Today reports that "Trump urges Supreme Court to drop travel ban case."

Lawrence Hurley of Reuters reports that "Challengers urge Supreme Court to rule on Trump travel ban."

And Zoe Tillman of BuzzFeed News reports that "The Trump Administration Wants The Supreme Court To Toss Orders That Blocked The Earlier Travel Ban."
Posted at 04:26 PM by Howard Bashman



"U.S. court reverses ban on sale of Sanofi, Regeneron drug Praluent": Brendan Pierson of Reuters has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.

Update: Attorney Paul D. Clement argued the appeal for appellant, and if you want to be able to claim that Clement blinded you with science (added bonus, here's the extended version) -- discussing epitopes, antigens, amino acids, and more -- you can access the oral argument audio via this link (12.4 MB mp3 audio file).
Posted at 01:24 PM by Howard Bashman



"Response to Richard Posner's new book, by a former 7th Circuit staff attorney": Eugene Volokh has this post at "The Volokh Conspiracy."
Posted at 10:35 AM by Howard Bashman


"I Heard the Voice of Scalia: Fans of the late Justice will treasure a new collection of his speeches." Mark Pulliam has this post at the blog of the Library of Law and Liberty.
Posted at 09:52 AM by Howard Bashman


"Who Will Justice Kennedy Believe When It Comes to Gerrymandering?" David Daley has this post online at The New Yorker.
Posted at 09:48 AM by Howard Bashman


"The Justice Department Is Investigating Harvard's Admissions Practices": Zoe Tillman of BuzzFeed News has this report.
Posted at 09:45 AM by Howard Bashman


"The Long Reach of Guantanamo Bay Military Commissions": Law professor Stephen I. Vladeck has this essay online at The New York Times.
Posted at 09:42 AM by Howard Bashman


"Justice Kennedy, The First Amendment, and Partisan Gerrymandering": David Gans has this post at the "Take Care" blog.

At his "The Narrowest Grounds" blog, Asher Steinberg has a post titled "A Miscellany of Thoughts on Justice Kennedy's Maximal-Partisanship Hypothetical in Gill."

And at his "Modern Democracy" blog, Michael Parsons has a post titled "Turmeric for a Rare Consensus."
Posted at 07:18 AM by Howard Bashman



"Partisan Gerrymandering Got the Sotomayor Treatment: The justice has a knack for crafting simple, devastating questions; She was at her best in Gill v. Whitford." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 07:12 AM by Howard Bashman


Wednesday, October 4, 2017

"Gorsuch Joins Court's Liberals Over Protections for Criminal Defendants; Case explores whether defendants give all rights to appeal after entering a plea bargain": Jess Bravin will have this article in Thursday's edition of The Wall Street Journal.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Class v. United States, No. 16-424.
Posted at 10:20 PM by Howard Bashman



"Trump Judicial Nominees Get Tough Going Over From Hawaii's Hirono": Brandi Buchman of Courthouse News Service has this report.
Posted at 09:00 PM by Howard Bashman


"Justices recall their own partying days in case over policing and arrests": Ann E. Marimow of The Washington Post has this report, along with an article headlined "This notorious house party made it all the way to the Supreme Court. It was hosted by a mystery woman named 'Peaches.'"

And Jessica Gresko of The Associated Press reports that "Raucous DC house party subject of Supreme Court case."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in District of Columbia v. Wesby, No. 15-1485.
Posted at 08:56 PM by Howard Bashman



"Malloy Appoints Two To State Supreme Court": Edmund H. Mahony of The Hartford Courant has this report.
Posted at 08:50 PM by Howard Bashman


"Antonin Scalia's Less Well-Known Legacy: His Speeches." Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:15 PM by Howard Bashman


"Former Sheriff Joe Arpaio's presidential pardon accepted by federal judge": Michael Kiefer of The Arizona Republic has this report.

And Jacques Billeaud of The Associated Press reports that "Judge lets Trump's pardon of former Sheriff Arpaio stand."
Posted at 08:04 PM by Howard Bashman



"Quick thoughts on Bibas's Senate hearing": Matthew Stiegler has this post at his "CA3blog."

I listened to the testimony of Third Circuit nominee Stephanos Bibas at this morning's Senate Judiciary Committee hearing (you can view the archieved video via this link), and I found him to come across as extraordinarily intelligent, enthusiastic, and thoughtful. He was even considerate enough to speak quickly when answering so that Senators could ask more questions (something that other nominees seem to deliberately avoid).

I for one am really looking forward to seeing him in action at the Third Circuit, occupying the seat that once belonged to the Third Circuit judge for whom I clerked immediately after law school.
Posted at 02:34 PM by Howard Bashman



"Federal Circuit: PTO Must be More Liberal in Allowing Amendments during AIA Trials." Dennis Crouch has this post at his "Patently-O" blog about a splintered en banc ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 01:25 PM by Howard Bashman


"'Scalia Speaks' Editor Describes His Boss's Spoken Word Legacy": Patrick Gregory has this post at the "US Law Week Blog."

And at the "Mirror of Justice" blog, Erika Bachiochi has a post titled "A Man of Good Humor and Good Will: Scalia Speaks, Ginsburg praises."
Posted at 01:19 PM by Howard Bashman



"New discussion in challenge to LGBT religious objections law": Emily Wagster Pettus of The Associated Press has a report that begins, "Opponents might get another chance to block a Mississippi law that lets government workers or private businesspeople cite religious beliefs to deny services to gay or lesbian couples."
Posted at 01:14 PM by Howard Bashman


"Indiana Supreme Court: Sex with 16-year-olds is legal, but sending them nude photos is not." Holly V. Hays of The Indianapolis Star has this report.

And Dan Carden of The Times of Munster, Indiana reports that "In Indiana, adults having sex with 16-year-olds is allowed, sending them explicit photos is not."

You can access Monday's ruling of the Supreme Court of Indiana in State v. Thakar at this link.
Posted at 01:09 PM by Howard Bashman



"The front line of America's war over abortion: Six states each have ONE remaining licensed clinic surrounded by pro-life centers where protesters line the streets chasing down patients to plead with them to 'make the right decision.'" Anna Hopkins of The Daily Mail (UK) has this report.

And Andrew DeMillo of The Associated Press reports that "Planned Parenthood seeks halt to Arkansas abortion pill law."
Posted at 01:02 PM by Howard Bashman



"First Digital Sales Tax Dispute Reaches U.S. Supreme Court": Ryan Prete of Bloomberg BNA has a report that begins, "South Dakota's Attorney General has filed the first of an expected wave of state petitions asking the U.S. Supreme Court to reconsider a 25-year-old opinion restricting states' ability to tax remote retailers."
Posted at 12:57 PM by Howard Bashman


"Cosby accuser to ask U.S. appeals court to revive defamation lawsuit": Nate Raymond of Reuters has a report that begins, "A U.S. appeals court will on Wednesday weigh whether to revive a lawsuit by an actress who said Bill Cosby defamed her by calling her a liar after she claimed the comedian raped her. The 1st U.S. Circuit Court of Appeals in Boston is scheduled to hear arguments by lawyers for Katherine Mae McKee, who claimed Cosby defamed her by denying her claims, which she made in an interview with the New York Daily News in 2014."
Posted at 12:52 PM by Howard Bashman


"Could Joe Arpaio Break the Presidential Pardon? His case is still alive; It could test the limits of pardon power -- and not just for Trump." Law professor Richard Primus has this essay online at Politico Magazine.
Posted at 11:04 AM by Howard Bashman


"Gorsuch's Rejection of a Politicized Executive Branch: When the Trump administration is challenged for crossing legal lines, how will the new justice vote?" Law professor Cass R. Sunstein has this essay online at Bloomberg View.
Posted at 10:45 AM by Howard Bashman


"Fearing his retirement, liberals hope Anthony Kennedy can help resist the conservative tide": Ariane de Vogue of CNN.com has this report.
Posted at 10:42 AM by Howard Bashman


"D.C. weighs gun law appeal, with fate of restrictions nationwide in the balance": Peter Jamison and Ann E. Marimow have this article in today's edition of The Washington Post.
Posted at 10:38 AM by Howard Bashman


"In partisan times, chief justice worries about the court's image": Joan Biskupic of CNN.com has this news analysis.
Posted at 10:33 AM by Howard Bashman


"Trump Judicial Pick Don Willett Is Overrated, Yet Promising; On the Texas Supreme Court, judicial restraint is a dodge, not a virtue": Jon Cassidy has this post online at The American Spectator.
Posted at 09:33 AM by Howard Bashman


View this morning's U.S. Senate Judiciary Committee confirmation hearing for Third Circuit nominee Stephanos Bibas: The hearing is scheduled to begin at 10 a.m. eastern time, and you can view the hearing live, online via this link once it gets underway.

And at his "CA3blog," Matthew Stiegler has a post titled "Even more on Bibas."
Posted at 09:22 AM by Howard Bashman



"Justices wade into water rule, show interest in Va. mining": Amanda Reilly of Greenwire has this report.
Posted at 08:12 AM by Howard Bashman


"Bringing the party to the Supreme Court in a case about searches and arrests": Ann E. Marimow of The Washington Post has this report.
Posted at 08:10 AM by Howard Bashman


"Supreme Court Appears Divided Over Gerrymandering; Justices reviewing Wisconsin case express concern, but some seem reluctant to intervene": Jess Bravin and Brent Kendall have this article in today's edition of The Wall Street Journal.

And in today's edition of The Milwaukee Journal Sentinel, Patrick Marley has a front page article headlined "Supreme Court shows divisions in Wisconsin redistricting case that could reshape U.S. politics."
Posted at 08:02 AM by Howard Bashman



Tuesday, October 3, 2017

"The statistic's sublime pointlessness is pure baseball." So writes Stephen Marche in a post online at The New Yorker titled "The Error in Baseball and the Moral Dimension to American Life."
Posted at 11:55 PM by Howard Bashman


"Gerrymandering and Association": Online at SSRN, law professor Daniel P. Tokaji has posted an article whose abstract begins, "This article argues that the First Amendment expressive right of association prohibits excessive partisan gerrymanders." (h/t "Legal Theory Blog")
Posted at 11:24 PM by Howard Bashman


"Military Commissions Loom Large at Supreme Court": Harry Graver has this post at the "Lawfare" blog.
Posted at 11:20 PM by Howard Bashman


"The Authority of the Court": At the "Balkinization" blog, Joseph Fishkin has a post that begins, "The Justices of the Supreme Court are nine of the most powerful people on the face of the earth. Yet it seems to be their lot to be forever anxious that exercising their power might undermine it."
Posted at 11:16 PM by Howard Bashman


"Appeals court rejects strict 'bare-metal' defense in asbestos cases": Jonathan Stempel of Reuters has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 10:54 PM by Howard Bashman


"Supreme Court Weighs Immigrants' Rights to Have Detention Reviewed": Vivian Yee will have this article in Wednesday's edition of The New York Times.

Ann E. Marimow of The Washington Post reports that "Supreme Court debates long detentions for immigrants facing deportation."

Lawrence Hurley of Reuters reports that "Supreme Court wrestles with immigration bond hearing dispute."

And Jessica Gresko of The Associated Press reports that "Supreme Court weighs case on detention of immigrants."

You can access at this link the transcript of today's U.S. Supreme Court reargument of Jennings v. Rodriguez, No. 15-1204.
Posted at 10:20 PM by Howard Bashman



"Steak Rubs, Gobbledygook and the Future of American Politics": Jesse Wegman has this Editorial Observer essay online at The New York Times.
Posted at 10:12 PM by Howard Bashman


"Fake news comes to the Supreme Court": Columnist Dana Milbank has this essay online at The Washington Post.
Posted at 10:06 PM by Howard Bashman


"Gorsuch Could Disappoint Conservatives On Immigration": Amelia Thomson-DeVeaux has this post at FiveThirtyEight.
Posted at 08:00 PM by Howard Bashman


"Whoa! See Felicity Jones' amazing transformation into Ruth Bader Ginsburg." Bryan Alexander of USA Today has this report.
Posted at 07:56 PM by Howard Bashman


"Justice Department appeals lawyer on Mueller Russia probe": Karen Freifeld of Reuters has this report.
Posted at 07:54 PM by Howard Bashman


"Kennedy's Vote Is in Play on Voting Maps Warped by Politics": Adam Liptak and Michael D. Shear of The New York Times have this report.

Robert Barnes of The Washington Post reports that "Supreme Court takes up Wisconsin as test in partisan gerrymandering claims."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Partisan Gerrymandering: How Much Is Too Much?"

And at the "Democracy in America" blog of The Economist, Steven Mazie has a post titled "Slaying the gerrymander: The justices puzzle over how to rein in partisan redistricting; The key vote, Anthony Kennedy, may be inclined to finally set limits to the practice."
Posted at 07:52 PM by Howard Bashman



"Ginsburg Slaps Gorsuch in Gerrymandering Case": Jeffrey Toobin has this post online at The New Yorker.
Posted at 07:32 PM by Howard Bashman


"A 'view' from the courtroom: A big windup on partisan gerrymandering." Mark Walsh has this post at "SCOTUSblog."
Posted at 05:09 PM by Howard Bashman


"With Justice Kennedy Seriously Considering Being the 5th Vote to Rein in Partisan Gerrymandering, The Chief Justice Worries About the Political Thicket": Rick Hasen has this post at his "Election Law Blog."
Posted at 03:20 PM by Howard Bashman


Access the transcript of today's U.S. Supreme Court oral argument in Gill v. Whitford, No. 16-1161: At this link.
Posted at 03:15 PM by Howard Bashman


"For the first time, the Supreme Court seems receptive to imposing some limits on partisan gerrymanders": David G. Savage of The Los Angeles Times has this report.

Richard Wolf of USA Today reports that "Supreme Court debates politics, and Kennedy's silence speaks volumes."

Ariane de Vogue of CNN.com reports that "Anthony Kennedy doesn't tip hand in gerrymandering case."

Josh Gerstein of Politico.com reports that "Supreme Court eyes partisan gerrymandering; Kennedy seen as swing vote that could blunt GOP's map-drawing successes."

And earlier, online at The New Yorker, Jeff Shesol had a post titled "The Supreme Court Takes Up a Major Gerrymandering Case."
Posted at 01:38 PM by Howard Bashman



"Mueller Tasks an Adviser With Getting Ahead of Pre-Emptive Pardons": Greg Farrell of Bloomberg News has an article that begins, "U.S. Special Counsel Robert Mueller has a distinctly modern problem. The president, judging by his tweets, could try to pardon people in his circle even before prosecutors charge anyone with a crime. Mueller's all-star team of prosecutors, with expertise in money laundering and foreign bribery, has an answer to that. He's Michael Dreeben, a bookish career government lawyer with more than 100 Supreme Court appearances under his belt."
Posted at 01:12 PM by Howard Bashman


"Justices seem divided in key case about partisan districts": Mark Sherman of The Associated Press has this report.

Andrew Chung of Reuters reports that "U.S. Supreme Court justices divided in major voting rights case."

Greg Stohr of Bloomberg News reports that "Gerrymandering Opponents Get Mixed Reception at Supreme Court."

And in commentary, online at ThinkProgress, Ian Millhiser has an essay titled "A majority of the Supreme Court appears ready to strike down a partisan gerrymander; And then there was hope."
Posted at 01:00 PM by Howard Bashman



"International Legal Personality of Corporations: How Investment Law Answers the Supreme Court Question in Jesner." Tara Van Ho has this post at "Just Security."
Posted at 09:37 AM by Howard Bashman


"Supreme Court to Hear Case on Wisconsin Voting Maps Warped by Politics": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Supreme Court takes up Wisconsin as test in partisan gerrymandering claims."

And Brent Kendall of The Wall Street Journal reports that "Supreme Court Takes on the Partisan Gerrymander; Wisconsin case over voting districts could alter U.S. political landscape."
Posted at 09:34 AM by Howard Bashman



"As Neil Gorsuch's 2nd Supreme Court term starts, how far to the right will he go? The Colorado native and Donald Trump pick must help settle debates that include a Lakewood case about a same-sex wedding cake": Mark K. Matthews of The Denver Post has this report.
Posted at 08:14 AM by Howard Bashman


"The Supreme Court's Blockbuster Term: Get ready for the landmark decisions to start rolling in." Law professor Richard Primus has this essay online at Politico Magazine.
Posted at 08:11 AM by Howard Bashman


"Supreme Court's new term: Surveillance, hacking, sports betting -- and cake, too; 'The Court is now sitting' -- with 100% more Gorsuch and plenty of tech questions ahead." David Kravets of Ars Technica has this report.
Posted at 08:09 AM by Howard Bashman


"Supreme Court To Weigh In On Extreme Partisan Gerrymandering": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."

And online at Slate, Perry Grossman and Dahlia Lithwick have a jurisprudence essay titled "The Perfect Redistricting Case: Anthony Kennedy said he needed to see a particular set of facts to kill partisan gerrymandering; Gill v. Whitford has them all."
Posted at 08:07 AM by Howard Bashman



"Supreme Court Divided on Arbitration for Workplace Cases": 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 begins new term with case on whether workers can be forced into individual arbitration."

David G. Savage of The Los Angeles Times reports that "Supreme Court justices clash over whether workers can join together to fight a company policy."

And Richard Wolf of USA Today reports that "Supreme Court opens 2017 term divided on workers' rights."
Posted at 08:04 AM by Howard Bashman



Monday, October 2, 2017

"Federal judge rules cross on Lehigh County seal is unconstitutional": Tom Shortell of The Morning Call of Allentown, Pennsylvania has this report.

And Kurt Bresswein of The Express-Times of Easton, Pennsylvania has an article headlined "Why a federal judge ruled Lehigh County's seal unconstitutional."

You can access last Thursday's ruling of the U.S. District Court for the Eastern District of Pennsylvania at this link (via "Religion Clause").
Posted at 10:58 PM by Howard Bashman



"Immigrant detainees should be offered affordable bond for release, 9th Circuit says": Maura Dolan of The Los Angeles Times has this report.

And Bob Egelko of The San Francisco Chronicle reports that "Court eases bail rules for detained immigrants."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:38 PM by Howard Bashman



"Court backs hovercraft ban in Alaska's national preserves": Dan Joling of The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 10:30 PM by Howard Bashman


"5th Circuit: Trust government, not juries, to decide if feds have been defrauded." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 08:26 PM by Howard Bashman


In the October 9, 2017 issue of The New Yorker: Jill Lepore has a Comment titled "Flip-Flopping on Free Speech: The fight for the First Amendment, on campuses and football fields, from the sixties to today."

Kelefa Sanneh has a Critic at Large essay titled "The Limits of 'Diversity': Where affirmative action was about compensatory justice, diversity is meant to be a shared benefit; But does the rationale carry weight?"

And Rachel Aviv has an article headlined "How the Elderly Lose Their Rights: Guardians can sell the assets and control the lives of senior citizens without their consent -- and reap a profit from it."
Posted at 05:16 PM by Howard Bashman



"2017 Georgetown Law Supreme Court Institute Preview": Georgetown Law has posted this video on YouTube.
Posted at 03:54 PM by Howard Bashman


"Stage Is Set for Some Drama at Supreme Court; A decision on the constitutionality of political gerrymandering could shake Capitol Hill; Here are some other cases to watch": Law professor Noah Feldman has this essay online at Bloomberg View, along with an essay titled "Aging Justices Deserve Better Than a Death Watch; Term limits or a mandatory retirement age would restore some dignity, but would require a constitutional amendment."
Posted at 02:15 PM by Howard Bashman


"U.S. top court divided over curbing workers' class-action suits": Lawrence Hurley of Reuters has this report.

Greg Stohr of Bloomberg News reports that "Supreme Court Justices Suggest They'll Split on Workers' Class-Action Rights."

And Josh Gerstein of Politico.com reports that "Supreme Court opens term with fight over worker rights; Court appears to lean toward firms who block joint legal action by employees."
Posted at 01:33 PM by Howard Bashman



"Prof. Stephanos Bibas -- Nominee to the U.S. Court of Appeals for the Third Circuit": Harsh Voruganti has this post at his blog, "The Vetting Room."
Posted at 12:02 PM by Howard Bashman


"A Republican Justice Settles In as GOP Cheers": Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 11:58 AM by Howard Bashman


"Supreme Court kicks off blockbuster term: Cases to watch." Ariane de Vogue of CNN.com has this report.
Posted at 11:56 AM by Howard Bashman


"Justice Antonin Scalia speaks": CBS Sunday Morning has posted on YouTube this video from yesterday's broadcast.
Posted at 10:42 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 in three cases.
Posted at 09:33 AM by Howard Bashman


"OT2017 #1: 'A Very Nice Office.'" You can access today's new episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 09:28 AM by Howard Bashman


"ISPs want Supreme Court to kill Title II net neutrality rules now and forever; FCC may soon revoke net neutrality rules, but ISPs want immunity from regulation": Jon Brodkin of Ars Technica has this report.
Posted at 08:16 AM by Howard Bashman


"'Hamilton' Signature Clouds Trump Emoluments Clause Case": Patrick L. Gregory of Bloomberg BNA has this report.
Posted at 08:11 AM by Howard Bashman


"Gerrymandering, a Tradition as Old as the Republic, Faces a Reckoning; Supreme Court will hear arguments Tuesday on whether contorted voting maps drawn by both parties to cement power have finally gone too far": Brent Kendall and Jess Bravin of The Wall Street Journal have this report.

On yesterday's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Prepares To Hear Gerrymandering Case."

And on yesterday's broadcast of NPR's "Weekend Edition Sunday," Shawn Johnson had an audio segment titled "How Redistricting Changed Wisconsin Politics."
Posted at 08:09 AM by Howard Bashman



Sunday, October 1, 2017

"Trinity Wins Reversal of $663 Million Guardrail Judgment": Margaret Cronin Fisk and Chris Dolmetsch of Bloomberg News have this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued on Friday.
Posted at 10:54 PM by Howard Bashman


"Immunity for Officer Who Arrested 'Rail Fan' Divides Circuit": Josh Russell of Courthouse News Service has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued Friday.
Posted at 10:48 PM by Howard Bashman


"Supreme Court, spurred by Trump's lawyers, could achieve backdoor repeal of workers' rights laws": David G. Savage of The Los Angeles Times has this report.

And Lawrence Hurley and Robert Iafolla of Reuters report that "Supreme Court back to work with major employment dispute."
Posted at 10:24 PM by Howard Bashman



"Back at Full Strength, Supreme Court Faces a Momentous Term": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post has an article headlined "'It will be momentous': Supreme Court embarks on new term."

Greg Stohr of Bloomberg News has an article headlined "Here Are the Biggest Cases Coming Up at the Supreme Court This Term."

And Nina Totenberg of NPR reports that "Supreme Court To Open A Whirlwind Term."
Posted at 10:12 PM by Howard Bashman



"How a Wisconsin Case Before Justices Could Reshape Redistricting": Michael Wines of The New York Times has this report.
Posted at 09:02 PM by Howard Bashman


"Fast Out of the Gates (SCOTUS' October 2017 Oral Arguments)": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 09:00 PM by Howard Bashman


"With blue slip, Bob Casey gives green light to Trump judicial nominee": Jonathan Tamari of The Philadelphia Inquirer has this report.
Posted at 08:56 PM by Howard Bashman






Related Blogs