How Appealing

Monday, January 22, 2018

"Fired elections director Kando loses federal appeal": Donita Naylor of The Providence (R.I.) Journal has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued today.
Posted at 11:20 PM by Howard Bashman


"Brad Mendheim sworn in as newest Alabama Supreme Court Justice": The Dothan Eagle has this report.
Posted at 11:14 PM by Howard Bashman


"Supreme Court candidates battle over role of personal views, and with each other": Molly Beck of The Wisconsin State Journal has this report.

Shawn Johnson of Wisconsin Public Radio reports that "Wisconsin Supreme Court Debate Marked By Personal, Partisan Attacks; Madison Attorney Tim Burns Attacks Conservatives, President Trump In Debate With Milwaukee County Judge Rebecca Dallet, Sauk County Judge Michael Screnock."

And Scott Bauer of The Associated Press reports that "Wisconsin Supreme Court race seen as test for partisans."
Posted at 11:11 PM by Howard Bashman



"Legal action leaves DACA deadline murky; A judge's ruling and the Trump administration's strategy combine to undercut the importance of March 5 for spurring action on 'Dreamers'": Josh Gerstein of Politico.com has this report.
Posted at 11:02 PM by Howard Bashman


"'The Gross Spectacle of a Divided Defense': The case of the capital defendant who insisted 'I'm innocent' while his lawyer told everyone 'he did it'" reaches the Supreme Court.." Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 11:00 PM by Howard Bashman


"Catholic bishops side with labor unions in Supreme Court case": Jack Jenkins of The Deseret News has this report.
Posted at 10:56 PM by Howard Bashman


"4th Circuit splits with 2nd, rebuffs USS Cole bombing victims suing Sudan": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 10:52 PM by Howard Bashman


"Supreme Court Considers a Raucous Party and an Endangered Frog": Adam Liptak of The New York Times has this report.

Robert Barnes and Ann E. Marimow of The Washington Post report that "Supreme Court rules for police officers in D.C. house party case that involved mystery hostess called 'Peaches.'"

David G. Savage of The Los Angeles Times reports that "Supreme Court rules police may arrest partygoers at a vacant house."

Richard Wolf of USA Today has articles headlined "Booze, drugs, strippers -- and trespassing, Supreme Court says" and "Supreme Court will hear case about elusive Mississippi frogs and disputed Louisiana habitat."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Rules for D.C. Police in Raucous Party Case; Justice Thomas described in some detail the 'debauchery' that confronted police officers who showed up at a late-night house party." And Brent Kendall of The Wall Street Journal reports that "Supreme Court to Take Up Case of Dusky Gopher Frog; Landowner suit over isolated Mississippi frog tests the scope of habitat protections under the Endangered Species Act."

Alex Swoyer of The Washington Times reports that "Supreme Court upholds 'Peaches' party bust."

Kim Chatelain of The Times-Picayune of New Orleans reports that "U.S. Supreme Court leaps into La. endangered gopher frog case."

Faimon A. Roberts III of The New Orleans Advocate reports that "Supreme Court agrees to hear shy-frog case from St. Tammany Parish."

Lawrence Hurley of Reuters reports that "U.S. top court backs police over arrests at racy Washington party" and "U.S. top court takes up property rights case involving endangered frog."

Jessica Gresko of The Associated Press reports that "Supreme Court sides with police over partygoers in wild bash."

Ariane de Vogue of CNN.com has reports headlined "Officers were OK to arrest 21 in 'makeshift strip club' house party, Supreme Court says" and "Supreme Court jumps on dusky gopher frog case."

And Amanda Reilly and Ariel Wittenberg of Greenwire report that "Supreme Court ruling complicates next steps on WOTUS."
Posted at 10:22 PM by Howard Bashman



"Justice Ruth Bader Ginsburg Reflects On The #MeToo Movement: 'It's About Time.'" Nina Totenberg had this audio segment on this morning's broadcast of NPR's "Morning Edition."
Posted at 09:36 PM by Howard Bashman


"Wary, Weary or Both, Southern Lawmakers Tone Down Culture Wars": Alan Blinder of The New York Times has this report.
Posted at 09:32 PM by Howard Bashman


"A 'view' from the courtroom: Open for business, with a hiccup." Mark Walsh has this post at "SCOTUSblog."
Posted at 07:42 PM by Howard Bashman


"Pa. Supreme Court strikes down congressional map as unconstitutional, orders change before May primary": Jonathan Lai of The Philadelphia Inquirer has this report.

Today's ruling of the Supreme Court of Pennsylvania consists of a per curiam order, a concurring and dissenting statement, and two dissenting statements (here and here).
Posted at 02:08 PM by Howard Bashman



"Roe v. Wade Was About More Than Abortion": Law professor Mary Ziegler has this essay online at The New York Times.
Posted at 02:00 PM by Howard Bashman


"'RBG': Film Review | Sundance 2018: Octogenarian Supreme Court Justice Ruth Bader Ginsburg gets a fully briefed profile in Betsy West's and Julie Cohen's biographical documentary." Leslie Felperin has this movie review online at The Hollywood Reporter.
Posted at 01:54 PM by Howard Bashman


"Trump despises the 9th Circuit Court of Appeals; why doesn't he change it?" Stuart Leavenworth of McClatchy DC recently had this report.
Posted at 01:50 PM by Howard Bashman


"Who Had Dan Markel Killed?" Ari Feldman of The Forward has this report.
Posted at 01:44 PM by Howard Bashman


"A Prison Film Made in Prison: Through lockdowns and pat-downs, the filmmakers tried to capture the hopes and despair of the inmates, who played most of the roles." Nick Paumgarten has this article in the January 29, 2018 issue of The New Yorker.
Posted at 01:25 PM by Howard Bashman


"'He didn't have a choice': How depression cost Gerald Le Dain his Supreme Court post." Bonnie Brown of CBC News recently had this report.
Posted at 01:18 PM by Howard Bashman


"Ruth Bader Ginsburg: 'For so long, women were silent.'" Joan Biskupic of CNN.com has this report.
Posted at 01:14 PM by Howard Bashman


"States Split On Whether Public Sector Unions Should Be Able To Require Non-Members To Pay Fees; The Supreme Court is scheduled to hear arguments in the case on Feb. 26": Chris Geidner of BuzzFeed News has this report.
Posted at 01:11 PM by Howard Bashman


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

1. Justice Sonia Sotomayor delivered the opinion for a unanimous Court in National Assn. of Mfrs. v. Department of Defense, No. 16-299. You can access the oral argument audio via this link.

2. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Artis v. District of Columbia, No. 16-460. Justice Neil M. Gorsuch issued a dissenting opinion, in which Justices Anthony M. Kennedy, Clarence Thomas, and Samuel A. Alito, Jr. joined. You can access the oral argument audio via this link.

3. And Justice Thomas delivered the opinion of the Court in District of Columbia v. Wesby, No. 15-1485. Justice Sotomayor issued an opinion concurring in part and concurring in the judgment. And Justice Ginsburg issued an opinion concurring in the judgment in part. You can access the oral argument audio via this link.
Posted at 10:02 AM by Howard Bashman



Access today's Order List of the U.S. Supreme Court: At this link. The Court today granted review in one new case and called for the views of the Solicitor General in two cases.
Posted at 09:31 AM by Howard Bashman


"OT2017 #12: 'False Idol.'" You can access today's new installment of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 09:27 AM by Howard Bashman


Sunday, January 21, 2018

"Trump's Tweets Have Been A Legal Disaster For The Justice Department; The White House has said President Trump's tweets are official statements; Judges are treating them as such as they repeatedly rule against his administration": Zoe Tillman of BuzzFeed News has this report.
Posted at 07:46 PM by Howard Bashman


"Chief Justice John Roberts Has Changed A Little Bit. And That Could Be A Big Deal." Chris Geidner of BuzzFeed News has an article that begins, "Thirteen years into the job, Chief Justice John G. Roberts Jr. remains a conservative -- but he has shifted to a more moderate position among the conservative justices on the court, a small change with potentially dramatic consequences."
Posted at 07:26 PM by Howard Bashman


"Are Felons Fit to Be Lawyers? Increasingly, the Answer Is Yes." Elizabeth Olson has this article in today's edition of The New York Times.
Posted at 05:42 PM by Howard Bashman


"Cinema Cafe with Ruth Bader Ginsburg & Nina Totenberg": Sundance Institute has posted this video on YouTube.

In news coverage, Colleen Shalby of The Los Angeles Times reports that "Ruth Bader Ginsburg shares #MeToo moment about Cornell instructor."

Brent Lang of Variety has a report headlined "Ruth Bader Ginsburg on #MeToo Movement, Her SNL Parody, and Supreme Court Retirement."

Dominic Patten of Deadline Hollywood reports that "Justice Ruth Bader Ginsburg Tells Sundance She's Not Worried About #MeToo Backlash."

Yesterday, Gregg Kilday of The Hollywood Reporter previewed today's event in an article headlined "Sundance: Why Ruth Bader Ginsburg Could Be the Toast of the Fest; Millennials have embraced the Supreme Court Justice with the hip-hop moniker Notorious RBG, liberals view her as their champion, and conservatives heap scorn -- now with a new documentary about her life and legacy, she's ready to take Sundance by storm."
Posted at 05:38 PM by Howard Bashman



"11th Circuit sacks former NFL coach's defamation lawsuit v. Paul Weiss": Robert Iafolla of Reuters has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued on Thursday.
Posted at 01:32 PM by Howard Bashman


"7th Circuit upholds dismissal of testosterone replacement MDL cases": Tina Bellon of Reuters has this report (subscription required for full access) on a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued on Friday.
Posted at 01:24 PM by Howard Bashman


"Appeals court vacates decisions that canceled Redskins trademark registrations": Erik Brady of USA Today has this report on a non-precedential per curiam opinion that the U.S. Court of Appeals for the Fourth Circuit issued on Thursday.
Posted at 01:15 PM by Howard Bashman


"Federal appeals court agrees to hear Eves' appeal of lawsuit over LePage's action; The governor threatened to block funding for a charter school if former House Speaker Mark Eves were appointed its president; Judges previously ruled that LePage's actions did not overstep his authority": Edward D. Murphy of The Portland (Me.) Press Herald has this report.

Christopher Cousins of The Bangor Daily News reports that "Appeals court revives former House speaker's lawsuit against LePage."

You can access Friday's order of the U.S. Court of Appeals for the First Circuit granting rehearing en banc at this link.
Posted at 12:58 PM by Howard Bashman



"D.C. Circuit Review -- Reviewed: Playing the Lottery." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 12:50 PM by Howard Bashman


"Universal, Not Nationwide, and Never Appropriate: On the Scope of Injunctions in Constitutional Litigation." Law professor Howard Wasserman has posted this article on SSRN (via "PrawfsBlawg").
Posted at 11:02 AM by Howard Bashman


"Reynolds nominated to U.S. Supreme Court Bar Association": Grayson Schmidt of The Ames (Iowa) Tribune has an article that begins, "Story County Attorney Jessica Reynolds said it would be 'a dream' to argue a case in front of the United States Supreme Court, and come March 5, she will be one step closer to that dream once she is sworn into the United States Supreme Court Bar Association in Washington, D.C."
Posted at 10:52 AM by Howard Bashman


"How a Labor Stronghold Could Soon Take a Hit; Shift in union membership toward public workers raises stakes of expected Supreme Court ruling": Eric Morath and Danny Dougherty of The Wall Street Journal have this report.
Posted at 10:35 AM by Howard Bashman


Saturday, January 20, 2018

"The Ghost of Chae Chan Ping: A Chinese-exclusion case from the 1880s set a precedent that haunts the legal fight over Trump's travel ban." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 10:20 PM by Howard Bashman


"Slow Justice: What's Been Holding Up SCOTUS Opinions?" Kimberly Robinson has this post at the "US Law Week Blog."
Posted at 08:40 PM by Howard Bashman


"An Awful Ruling From One of Trump's Worst Judicial Appointees: John K. Bush's opinion in Peffer v. Stephens will let the police ransack almost any suspect's home." Mark Joseph Stern has this jurisprudence essay online at Slate.

And at "The Volokh Conspiracy," Orin Kerr has a post titled "Peffer v. Stephens, on Probable Cause and Home Computer Searches: A computer search decision from a new Sixth Circuit judge, John Bush, has been generating some controversy; Let's take a look."

My earlier coverage of Wednesday's Sixth Circuit ruling can be accessed here.
Posted at 08:30 PM by Howard Bashman



"Don't Fear the Clowns: Trump's most laughable judicial nominees aren't the ones we should be worried about." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:22 PM by Howard Bashman


"Supreme Court Agrees to Decide Legality of Current Trump Travel Ban; Case gives justices chance to resolve issues that have been hotly contested since Trump took office": Brent Kendall has this article in today's edition of The Wall Street Journal.

Stephen Dinan of The Washington Times reports that "Supreme Court to hear Trump travel ban case."

And Ariane de Vogue of CNN.com reports that "Supreme Court to hear travel ban 3.0 challenge in April."
Posted at 08:04 PM by Howard Bashman



"Judiciary Open During Government Shutdown": The Administrative Office of the U.S. Courts issued this news release today.
Posted at 07:54 PM by Howard Bashman


Friday, January 19, 2018

"Senate Republicans Steamroll Judicial Process; 'Advice' dwindles in the GOP's rush for judges": Todd Ruger has this cover story in the current issue of CQ Magazine.
Posted at 09:18 PM by Howard Bashman


"Watchdog must revisit complaint of Delta discrimination against obese people: Supreme Court." Jim Bronskill of The Canadian Press has this report.

And CBC News reports that "Supreme Court orders 2nd look at complaint about airline bumping obese passengers; Canadian Transportation Agency had refused to investigate 2014 Gabor Lukacs's complaint because he isn't obese."

You can access today's 6-to-3 ruling of the Supreme Court of Canada at this link.
Posted at 09:10 PM by Howard Bashman



"Trump's Supreme Court justice will speak to N.J. college students": Adam Clark of NJ Advance Media has a report that begins, "The first Supreme Court justice appointed by President Donald Trump will speak at Stockton University next week."
Posted at 09:02 PM by Howard Bashman


"Sotomayor at work after health scare": Josh Gerstein and Lorraine Woellert of Politico.com have this report.

Ariane de Vogue and Veronica Stracqualursi of CNN.com report that "Paramedics called to Justice Sonia Sotomayor's house for low blood sugar".

And Reuters reports that "Paramedics called to treat Supreme Court Justice Sotomayor."
Posted at 08:44 PM by Howard Bashman



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

In early news coverage, Adam Liptak of The New York Times reports that "Supreme Court to Consider Challenge to Trump's Latest Travel Ban."

Robert Barnes of The Washington Post reports that "Supreme Court to rule on Trump's powers to ban foreign travelers."

Richard Wolf of USA Today reports that "Supreme Court to issue final verdict on Trump travel ban."

Mark Sherman of The Associated Press reports that "Supreme Court to rule on Trump travel ban."

Lawrence Hurley of Reuters reports that "Supreme Court takes up fight over Trump travel ban."

And Greg Stohr of Bloomberg News reports that "Supreme Court to Review Trump's Travel Ban."
Posted at 02:18 PM by Howard Bashman



"Ninth Circuit Shines Light on Feds' Spying Equipment": Matthew Renda of Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 01:24 PM by Howard Bashman


Thursday, January 18, 2018

"The Trump Administration Just Asked The Supreme Court To Uphold The Decision To End DACA; The Justice Department wants the high court to hear the case soon and settle the matter by the end of June": Chris Geidner of BuzzFeed News has this report.
Posted at 10:14 PM by Howard Bashman


"The El Salvador Tragedy": Linda Greenhouse has this essay online at The New York Times.
Posted at 08:40 PM by Howard Bashman


Programming note: The meetings that I have been attending to plan the substantive content of this November's Appellate Judges Education Institute Summit in Atlanta will wrap-up this morning. Shortly thereafter, I will be traveling back to Philadelphia from Atlanta. As a result, additional posts will appear here later today.

As always while I am traveling, more frequent appellate-related retweets are likely to appear on this blog's Twitter feed. Act soon to be among the first 10,000 to follow this blog on Twitter.
Posted at 07:08 AM by Howard Bashman



Wednesday, January 17, 2018

"Sex for sale is not a constitutional right, court rules": Bob Egelko of The San Francisco Chronicle has this report.

And at Reason.com's "Hit & Run" blog, Elizabeth Nolan Brown has a post titled "No Right to Earn a Living Via Prostitution, Says Federal Court; 'There is no constitutional rights to engage in illegal employment,' rules the 9th Circuit court."

You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:24 PM by Howard Bashman



Sixth Circuit Judge John K. Bush today issued his first two published opinions: You can access the opinions here and here. Someone on Twitter even considers one of the two opinions to be important.
Posted at 11:15 PM by Howard Bashman


"Trump Taps 5th Circ. Judge To Be Ambassador To Argentina": Dorothy Atkins of Law360.com has a report (subscription required for full access) that begins, "President Donald J. Trump announced Wednesday he intends to nominate Fifth Circuit Judge Edward C. Prado to be the United States' ambassador to the Argentine Republic, citing his 35 years of experience as a federal judge."
Posted at 11:04 PM by Howard Bashman


"Judge Will Not Release Tapes Of Trial Over California's Prop 8 Until At Least 2020; The fight over whether and when the public will be able to see the trial over the state's marriage amendment will continue into the next decade": Chris Geidner of BuzzFeed News has this report.
Posted at 11:00 PM by Howard Bashman


"Pennsylvania Supreme Court hears congressional gerrymandering case": Steve Esack of The Morning Call of Allentown, Pennsylvania has this report.

Charles Thompson of The Patriot-News of Harrisburg, Pennsylvania reports that "Pa. Supreme Court takes on Pennsylvania's Congressional maps case."

Mark Scolforo of The Associated Press reports that "Justices ponder throwing out Pennsylvania congressional map."

David DeKok of Reuters reports that "Pennsylvania court could order new congressional map before 2018 midterms."

And Sam Levine of HuffPost reports that "Pennsylvania Supreme Court Appears Open To Striking Down Gerrymandered Map; The justices struggled during oral arguments to determine what a fix could look like, especially with the midterm elections coming up this year."
Posted at 10:56 PM by Howard Bashman



"With prison on hold, former Pa. AG Kathleen Kane appeals perjury conviction": Craig R. McCoy of The Philadelphia Inquirer has this report.
Posted at 10:48 PM by Howard Bashman


"Supreme Court Skeptical of Lawyer's Conduct in Death Penalty Case": Adam Liptak of The New York Times has this report.

Richard Wolf of USA Today reports that "Supreme Court struggles with murder suspect's denial."

Mark Sherman of The Associated Press reports that "Justices lean toward death row inmate in dispute with lawyer."

And Lawrence Hurley of Reuters reports that "U.S. justices sympathize with death row inmate's claim against lawyer."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in McCoy v. Louisiana, No. 16-8255.
Posted at 05:00 PM by Howard Bashman



"Attorney general sides with archdiocese in battle over Christmas bus ads": Ann E. Marimow has this article in today's edition of The Washington Post.
Posted at 04:50 PM by Howard Bashman


Tuesday, January 16, 2018

"Superior native serves as Virginia solicitor general": Shelley Nelson of The Superior (Wis.) Telegram has this report.
Posted at 09:06 PM by Howard Bashman


"The Dangerous Supreme Court Case Nobody Is Talking About: NIFLA v. Becerra has huge implications for free speech, religious freedom, and the pro-life cause." David French has this essay online at National Review.
Posted at 09:00 PM by Howard Bashman


"Casinos prepare for Supreme Court ruling on sports betting": Nicole Raz has this front page article in today's edition of The Las Vegas Review-Journal.
Posted at 08:55 PM by Howard Bashman


"'A lot of people are protected because of our loss': A Utah woman's death set legal precedent, but her family still feels the pain of her absence; Salt Lake City lawyer honored for his role in seat belt safety case." Pamela Manson of The Salt Lake Tribune has an article that begins, "More than 15 years after his wife died in a car crash, and long after the U.S. Supreme Court issued a precedent-setting decision on seat belt safety requirements in a lawsuit over her death, Delbert Ondi Williamson still struggles."
Posted at 08:50 PM by Howard Bashman


"Twitter's Not a Great Place for Legal Advice; Even 280 characters are not enough to provide the clarity needed": Online at Bloomberg View, law professor Noah Feldman has an essay that begins, "We have our first confirmed federal Twitter judge, Judge Don Willett of the U.S. Court of Appeals for the 5th Circuit."
Posted at 08:44 PM by Howard Bashman


"High court to consider whether lawyer can proclaim guilt over client's objection": Richard Wolf of USA Today has this report.
Posted at 08:30 PM by Howard Bashman


"If SCOTUS finds SEC ALJ appointments unconstitutional, what happens to tainted cases?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 08:24 PM by Howard Bashman


"The Justice Department Is Going Straight To The Supreme Court To Try To Stop DACA Revival": Zoe Tillman of BuzzFeed News has this report.
Posted at 05:50 PM by Howard Bashman


"Pregnant immigrant teen seeking abortion is released from government custody": Ann E. Marimow of The Washington Post has this report.
Posted at 05:46 PM by Howard Bashman


"A Lot at Stake: Amicus Filers 2017/2018." Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 04:55 PM by Howard Bashman


Programming note: This afternoon I will be traveling to Atlanta, where on Wednesday and Thursday I will be attending meetings of the Appellate Judges Education Institute's Education Committee to plan the programming for the 2018 AJEI Summit, which will take place in Atlanta this November. I was originally planning to travel to Atlanta on Wednesday, but I was able to move my departure free-of-charge to today to avoid any travel-related disruptions arising from the snowstorm expected in Philadelphia tonight through tomorrow morning.

Additional posts will appear here this evening.
Posted at 09:44 AM by Howard Bashman



"Pennsylvania Could Be On The Verge Of Dealing Partisan Gerrymandering A Big Blow; The state Supreme Court could order new congressional maps before the end of the month": Sam Levine of HuffPost has this report.
Posted at 09:36 AM by Howard Bashman


Access today's Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases. In addition, the court dismissed two direct appeals for lack of jurisdiction.
Posted at 09:33 AM by Howard Bashman


"D.C. Circuit Review -- Reviewed: The Middle Chapters." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 09:26 AM by Howard Bashman


Monday, January 15, 2018

"House Judiciary should investigate Supreme Court": The Charleston (W. Va.) Gazette-Mail has published this editorial.
Posted at 10:02 PM by Howard Bashman


"Pennsylvania Supreme Court to decide if state congressional district map is a partisan gerrymander": Lindsay Lazarski of WHYY has this report.
Posted at 09:57 PM by Howard Bashman


"Supreme Court asked to rule in divorced gay couple's child custody case": Howard Fischer of The Arizona Daily Star has this report.
Posted at 09:54 PM by Howard Bashman


"Confirming Judges, a Trump Win in 2017, May Get Tougher; Democrats see improved position to push back on nominees with narrower Senate margin and cracks in GOP unanimity": Brent Kendall of The Wall Street Journal has this report.
Posted at 09:38 PM by Howard Bashman


"Monstrous gerrymanders: The Supreme Court takes on two redistricting cases from Texas; The justices will hear four cases this term that could shape political maps." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 09:28 PM by Howard Bashman


"Deconstructing the Question Presented in WesternGeco": Timothy Holbrook has this guest blog post at "Patently-O."
Posted at 09:24 PM by Howard Bashman


"Vladeck takes the ball in a big game": Texas Law News has this report.
Posted at 09:22 PM by Howard Bashman


"To Try to Save Client's Life, a Lawyer Ignored His Wishes. Can He Do That?" Jeffery C. Mays of The New York Times has this report.
Posted at 09:20 PM by Howard Bashman


"9th Circuit to study workplace conditions in wake of Kozinski's retirement over sexual misconduct accusations": Maura Dolan of The Los Angeles Times has this report.
Posted at 04:15 PM by Howard Bashman


"When Barbie Went to War with Bratz: How a legal battle over intellectual property exposed a cultural battle over sex, gender roles, and the workplace." Jill Lepore has this "A Critic at Large" essay in the January 22, 2018 issue of The New Yorker.

Former Ninth Circuit Judge Alex Kozinski is mentioned in the essay some 25 times.
Posted at 04:10 PM by Howard Bashman



"Amicus Anomaly: UVA Professor Gets Rare High Court Nod." Kimberly S. Robinson of Bloomberg BNA has this report.
Posted at 01:12 PM by Howard Bashman


"On Partisan Gerrymandering, Time's Up?" Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 01:08 PM by Howard Bashman


"Justice Scalia Spoke Favorably of Trump's Presidential Run, Author Bryan Garner Says; Conservative justice was 'fascinated' by Republican candidate's outspokenness, author of 'Nino and Me' says": Jess Bravin of The Wall Street Journal has this report.
Posted at 12:58 PM by Howard Bashman


"OT2017 #11: 'Numbing Effect.'" You can access today's new installment of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 11:04 AM by Howard Bashman


"A Case for Math, Not 'Gobbledygook,' in Judging Partisan Voting Maps": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 11:00 AM by Howard Bashman


Sunday, January 14, 2018

"A Female Senator Figured Out One Small Way to Fight Sexual Harassment: We still have a distance to go, of course, but it's a meaningful start." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:14 PM by Howard Bashman


"A DACA Question: Should Judges Use Local Cases to Halt National Orders?" Katie Benner will have this article in Monday's edition of The New York Times.
Posted at 09:54 PM by Howard Bashman


"Women taking their right to go topless to state's high court": Michael Casey of The Associated Press has this report.
Posted at 05:42 PM by Howard Bashman


"Mississippi Considers Two-Flag Solution to Confederate Flag Issue; Bill proposes both would be 'of equal status and dignity' in Mississippi, the last state flying the Civil War-era flag": Cameron McWhirter of The Wall Street Journal has this report.
Posted at 05:36 PM by Howard Bashman


"Oregon Prosecutors Push to Make Some Convictions Harder to Win; Move to repeal unusual Oregon law that allows juries to convict without unanimity praised by state DAs; law would also make acquittals harder to reach": Jacob Gershman of The Wall Street Journal has this report.
Posted at 05:32 PM by Howard Bashman


"U.S. court revives charges stemming from 2012 meningitis outbreak": Nate Raymond of Reuters has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued on Friday.
Posted at 05:28 PM by Howard Bashman


"Captive orca Lolita can stay at Miami aquarium: U.S. appeals court." Jonathan Stempel of Reuters has this report on a per curiam ruling that the U.S. Court of Appeals for the Eleventh Circuit issued on Friday.
Posted at 05:24 PM by Howard Bashman


Saturday, January 13, 2018

"Justices to Hear Cases on Voting Rights and Internet Taxes": 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 takes on Texas gerrymandering case, will look at Internet sales tax."

David G. Savage of The Los Angeles Times has an article headlined "Supreme Court will decide billion-dollar question for online sales: Can states collect sales taxes on all purchases?"

Richard Wolf of USA Today has articles headlined "Supreme Court adds Texas election districts challenge to others from Wisconsin, Maryland" and "Supreme Court will decide if online retailers must collect sales tax."

Brent Kendall of The Wall Street Journal has articles headlined "Supreme Court to Consider Texas Redistricting Case; High court will hear appeal after lower court ruled the state drew some maps that disadvantaged minority voters"; "Supreme Court to Consider Internet Sales Tax Collection; The justices agreed to hear an appeal by South Dakota of high-court precedent dating from pre-internet era"; "Supreme Court to Review Whether Hiring of SEC Judges Violated Constitution; Justices to hear appeal from investment adviser who argues SEC judge-selection process is unconstitutional"; and "Supreme Court to Consider Civil Price-Fixing Case Against Chinese Vitamin C Makers; High court to decide whether U.S. judges must defer to legal submissions made by the Chinese government."

Alex Swoyer of The Washington Times reports that "Supreme Court to take Texas gerrymandering case; will decide if map discriminates against minorities."

In today's edition of The Austin American-Statesman, Chuck Lindell has a front page article headlined "U.S. Supreme Court will examine Texas redistricting."

In today's edition of The Houston Chronicle, Andrea Zelinski and Kevin Diaz have a front page article headlined "U.S. Supreme Court will hear Texas redistricting case."

In today's edition of The Dallas Morning News, James Barragan has a front page article headlined "Supreme Court will take up Texas redistricting case."

In today's edition of The San Antonio Express-News, Allie Morris has a front page article headlined "High court agrees to hear redistricting case, which could cause turmoil in the November elections."

Lynda V. Mapes of The Seattle Times reports that "U.S. Supreme Court steps into Washington's long-running culvert case."

Lawrence Hurley of Reuters reports that "Supreme Court takes up fight over Texas electoral districts" and "U.S. Supreme Court takes up state online sales tax dispute." And Andrew Chung of Reuters reports that "U.S. Supreme Court takes up challenge to SEC in-house judges" and "U.S. Supreme Court to hear Schlumberger fight over patent damages."

Greg Stohr of Bloomberg News reports that "U.S. Supreme Court to Review Bid to Collect Internet Sales Tax."

Jessica Gresko of The Associated Press reports that "Supreme Court to hear sales tax collection case." And Gene Johnson of The Associated Press reports that "Justices to hear Washington appeal of salmon habitat order."

Ariane de Vogue of CNN.com reports that "Supreme Court takes up Texas redistricting case."

And Chris Geidner of BuzzFeed News reports that "Supreme Court Agrees To Hear Texas's Appeal Of Racial Gerrymandering Challenges."
Posted at 11:46 PM by Howard Bashman



"Ninth Circuit Committee to Review Workplace Environment Policies": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release yesterday.
Posted at 08:54 PM by Howard Bashman


Friday, January 12, 2018

"Three Reactions to the Oral Argument in Byrd v. United States: The Justices grappled with some hard questions in the rental car Fourth Amendment case." Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 05:30 PM by Howard Bashman


Access today's Order List of the U.S. Supreme Court: At this link. The Court granted review in ten new cases and postponed jurisdiction in a direct appeal.
Posted at 02:56 PM by Howard Bashman


"Eighth Circuit Makes Tangled Mess of Hair Braiding Case": Ilya Shapiro and Aaron Barnes have this post at the "Cato at Liberty" blog.
Posted at 01:17 PM by Howard Bashman


"Brock Turner case: Campaign turns in nearly 95,000 signatures to put judge's recall on June ballot." Tracey Kaplan has this front page article in today's edition of The San Jose Mercury News.

Sarah Ravani and Sophie Haigney of The San Francisco Chronicle report that "Effort to recall Stanford rape case judge submits almost 100,000 signatures."

And Gillian Brassil of The Stanford Daily reports that "Judge Persky recall petition gets nearly 100,000 signatures."
Posted at 01:14 PM by Howard Bashman



"Split Up the Ninth Circuit -- but Not Because It's Liberal; The court has too many judges, leading to backlogs and inconsistency in applying the law": Arizona Attorney General Mark Brnovich and Ilya Shapiro have this op-ed in today's edition of The Wall Street Journal.
Posted at 01:04 PM by Howard Bashman


"Federal Judiciary Workplace Conduct Working Group Formed": The Administrative Office of the U.S. Courts issued this news release today. According to the news release, "The group will also solicit input from federal judges, law clerks, and other judicial employees."
Posted at 11:42 AM by Howard Bashman


"African-style hair braiders lose appeal of Missouri licensing law": Tony Rizzo of The Kansas City Star has this report.

And at Reason.com's "Hit & Run" blog, Damon Root has a post titled "How the Supreme Court Is Aiding and Abetting Occupational Licensing Abuse: Williamson v. Lee Optical of Oklahoma, Inc. should be overruled."

You can access yesterday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 11:34 AM by Howard Bashman



"Is Partisan Gerrymandering Legal? Why the Courts Are Divided." Michael Wines has this article in today's edition of The New York Times.
Posted at 11:07 AM by Howard Bashman


Thursday, January 11, 2018

"The Women the Abortion War Leaves Out": Law professor Michelle Oberman has this essay online at The New York Times.
Posted at 09:52 PM by Howard Bashman


"Are bag bans legal? Texas Supreme Court will decide." Chuck Lindell of The Austin American-Statesman has this report.

And Paul Cobler of The Texas Tribune reports that "Texas Supreme Court hears oral arguments in plastic bag ban case."
Posted at 09:07 PM by Howard Bashman



"U.S. Supreme Court denies petition of man convicted of pushing his wife off cliff to her death in Rocky Mountain National Park; Harold Henthorn, convicted of murder in 2015, is serving a life sentence": Kieran Nicholson of The Denver Post has this report.
Posted at 09:00 PM by Howard Bashman


"Justices of the Virginia Supreme Court on Wednesday questioned an appeal from Franklin County man convicted of violating Virginia's anti-noose law": Frank Green of The Richmond Times-Dispatch has this report.

And Neil Harvey of The Roanoke Times reports that "State Supreme Court hears arguments in Franklin County noose case."
Posted at 08:57 PM by Howard Bashman



"Case Law": Law professor Adam Steinman has posted this interesting article on SSRN.
Posted at 05:34 PM by Howard Bashman


"Husted v. Philip Randolph Institute: Ohio's legal justification for its massive voter purge is complete gobbledygook." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 05:30 PM by Howard Bashman


"University Tax Flunks the First Amendment Test: The levy on investment income overwhelmingly targets liberal institutions; The key to overturning it will be convincing the courts." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 05:26 PM by Howard Bashman


"Louis Vuitton spared from fee-shifting in 'obvious' parody case; appeal expected": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 05:20 PM by Howard Bashman


"Post-Katrina Legal Storm Was Trump Nominee Engelhardt's 'Odyssey'": Patrick L. Gregory of Bloomberg BNA has this report.
Posted at 03:54 PM by Howard Bashman


"Amicus Brief Cites Ferris Bueller to Great Effect": Kevin Underhill has this post at his blog, "Lowering the Bar."
Posted at 03:50 PM by Howard Bashman


"Full-court press: Donald Trump's judicial appointments may prove his most enduring legacy; Everything else could in theory be reversed; His effect on the law will be profound." The Economist magazine has this report.
Posted at 03:42 PM by Howard Bashman


"Deferring Democracy: What the DACA Ruling Means." Mark Pulliam has this essay online at American Greatness.
Posted at 03:38 PM by Howard Bashman


"Precedent, Three-Judge District Courts, and the Law of Democracy": Law professors Joshua A. Douglas and Michael E. Solimine have posted this article on SSRN.
Posted at 03:32 PM by Howard Bashman


"Searching for Scalia in 2018: Measuring the 'Scalia-Ness' of President Trump's Supreme Court Shortlist": Law professor Jeremy Kidd and Ryan D. Walters have posted this fully revised paper on SSRN.
Posted at 03:27 PM by Howard Bashman


"Another Undocumented Teen Says The Trump Administration Is Blocking Her From Getting An Abortion": Ema O'Connor of BuzzFeed News has this report.
Posted at 03:12 PM by Howard Bashman


"Prominent Supreme Court Lawyer Jumps From Kirkland & Ellis To Quinn Emanuel; The latest notable hire by the ever-expanding Quinn Emanuel -- and probably not a move motivated by money": David Lat has this post at "Above the Law."
Posted at 03:02 PM by Howard Bashman


"Judge Alsup's 'Flawed Legal Premise'": Josh Blackman has this post at the "Lawfare" blog.
Posted at 12:46 PM by Howard Bashman


"The Case for Partisan Judicial Elections": The Federalist Society has posted online this paper by professor Chris W. Bonneau.
Posted at 12:44 PM by Howard Bashman


"Texas's More Honest Take On Garza v. Hargan": Leah Litman has this post at the "Take Care" blog.
Posted at 12:40 PM by Howard Bashman


"Symposium at UVA Law to Explore Legal Legacy of Loving; Berkeley Law Dean Erwin Chemerinsky To Deliver Keynote": Mike Fox of the University of Virginia School of Law has this report.
Posted at 12:38 PM by Howard Bashman


"The State of Play on Partisan Gerrymandering Cases at the Supreme Court": Rick Hasen has this post at his "Election Law Blog."
Posted at 11:44 AM by Howard Bashman


"How an obscure SCOTUS employment ruling put the brakes on DACA rollback": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 09:22 AM by Howard Bashman


"Supreme Court Weighs Purge of Ohio Voting Rolls": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes reports that "Supreme Court seems skeptical of blocking Ohio law that removes voters from rolls."

David G. Savage of The Los Angeles Times reports that "Supreme Court justices appear divided over Ohio rule to remove people from rolls who don't vote."

Richard Wolf of USA Today reports that "The right to vote -- or not vote -- divides Supreme Court."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Hears Challenge to Ohio's Trimming of Voter Rolls; Justices divided over the state's method of disqualifying citizens from voting."

Stephen Dinan of The Washington Times reports that "Supreme Court debates deletion of names off Ohio's voter rolls; Activists argue state pulling trigger too fast."

In today's edition of The Columbus (Ohio) Dispatch, Jack Torry and Jessica Wehrman have a front page article headlined "Justices appear split on Ohio voter-purge case."

Sabrina Eaton of The Cleveland Plain Dealer reports that "U.S. Supreme Court weighs legality of Ohio's voter removal procedure."

Mark Sherman of The Associated Press reports that "Supreme Court appears sympathetic to Ohio voter purge effort."

Andrew Chung of Reuters reports that "Divided Supreme Court may allow Ohio voter purge policy."

Greg Stohr of Bloomberg News reports that "Voter-Purge Efforts Get Support at U.S. High Court Session."

Ariane de Vogue of CNN.com reports that "Supreme Court struggles with Ohio voter roll case."

Chris Geidner of BuzzFeed News reports that "Justices Appear Likely To Uphold Ohio's System For Removing Voters From The Rolls."

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Appears Divided Over Ohio's 'Use-It Or Lose-It' Voter Registration Rule."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Husted v. A. Philip Randolph Institute, No. 16-980.
Posted at 09:20 AM by Howard Bashman



Wednesday, January 10, 2018

"Forged at the Supreme Court: SG Alumnae Form Lasting Bond": Madison Alder of Bloomberg Law has this report.
Posted at 11:06 PM by Howard Bashman


"Appeals court tosses $22.4M verdict against PBSO in shooting that left man paralyzed": Jane Musgrave of The Palm Beach Post has this report.

And Lisa J. Huriash of The South Florida Sun Sentinel reports that "Appeals court axes $22.4 million award for man shot and paralyzed by deputy."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 11:03 PM by Howard Bashman



"Court OKs killing a type of owl to see effect on other owls": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 10:50 PM by Howard Bashman


"In confirmation hearing for 5th Circuit Court of Appeals nominee Kurt Engelhardt, senators focus on Danziger Bridge case": Bryn Stole of The New Orleans Advocate has this report.

Brandi Buchman of Courthouse News Service reports that "Fifth Circuit Nominee Pressed on Rulings Against Women Plaintiffs."

And at "The Vetting Room," Harsh Voruganti has a blog post titled "Judge Kurt Engelhardt -- Nominee for the U.S. Court of Appeals for the Fifth Circuit."

You can view at this link the video of today's Senate Judiciary Committee confirmation hearing.
Posted at 10:36 PM by Howard Bashman



"U.S. to Seek Death Penalty More Often for Violent Crimes; Attorney General Jeff Sessions authorizes federal prosecutors to seek capital punishment in two murder cases and is said to be weighing it in others, including Manhattan terror attack": Nicole Hong and Aruna Viswanatha have this article in today's edition of The Wall Street Journal.
Posted at 09:57 PM by Howard Bashman


"Pentagon prosecutor says war court has audio of Marine general scoffing, laughing": Carol Rosenberg of The Miami Herald has an article that begins, "Pentagon prosecutors are describing a Marine general found in contempt of the war court as scoffing and laughing as he defied a judge's order, and want to send an audio recording of some Guantanamo proceedings to a federal judge to prove it."
Posted at 09:52 PM by Howard Bashman


"Chief Justice of U.S. Supreme Court cites 'Ferris Bueller's Day Off' during oral argument": Kim Janssen of The Chicago Tribune has this report.
Posted at 09:45 PM by Howard Bashman


"Balancing religious freedom with public health: Amish family ordered to use electricity." Steve Marroni of The Patriot-News of Harrisburg, Pennsylvania has this report on the non-precedential ruling that a divided three-judge panel of the Commonwealth Court of Pennsylvania issued last Friday.
Posted at 05:26 PM by Howard Bashman


"Stopping an outrageous land grab: The U.S. Supreme Court has an opportunity to strike a blow for the law." The Washington Times has published this editorial.
Posted at 04:58 PM by Howard Bashman


"How the courts help companies keep sexual misconduct under cover: Women sexually harassed on the job sometimes decide to hold their abusers -- and their employers -- accountable in court; But quite often, judges let companies keep their secrets." Dan Levine, Benjamin Lesser, and Renee Dudley of Reuters have this report.
Posted at 04:38 PM by Howard Bashman


Tuesday, January 9, 2018

"Professor Toby Heytens Named Virginia Solicitor General": Mary Wood of the University of Virginia School of Law has this report.
Posted at 10:42 PM by Howard Bashman


"Appeals court upholds vote count on Tennessee abortion measure Amendment 1": Anita Wadhwani of The Tennessean has this report.

And Jonathan Stempel of Reuters reports that "U.S. appeals court upholds Tennessee anti-abortion vote."

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



"Professor Aditya Bamzai To Make Debut at Supreme Court; Will Present Argument as Independent Amicus, In Rare Move by Justices": Mike Fox of the University of Virginia School of Law has this report.
Posted at 10:06 PM by Howard Bashman


"Court clears way for ranked-choice voting in city election": Tripp Stelnicki of The Santa Fe New Mexican has this report.

And T.S. Last and Mark Oswald of The Albuquerque Journal reports that "Supreme Court clears way for ranked-choice voting in Santa Fe."
Posted at 10:02 PM by Howard Bashman



"Justices Seem Ready to Back Driver of Rental Car in Privacy Case": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Supreme Court looks for simple rules in complicated cases involving government searches."

Richard Wolf of USA Today has an article headlined "From heroin-laden rental cars to stolen motorcycles, justices find privacy rights."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Questions Breadth of Police Car-Search Rights; In Fourth Amendment cases, Justices express skepticism over expanding police officers' powers to allow searches of parked cars without a warrant."

Lawrence Hurley of Reuters reports that "U.S. top court considers putting brakes on police vehicle searches."

Jessice Gresko of The Associated Press reports that "Supreme Court takes the wheel in 2 cases of vehicle searches."

And at "SCOTUSblog," Mark Walsh has a post titled "A 'view' from the courtroom: Vehicle problems at the Supreme Court."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Byrd v. United States, No. 16-1371.

And you can access at this link the transcript of today's U.S. Supreme Court oral argument in Collins v. Virginia, No. 16-1027.
Posted at 09:44 PM by Howard Bashman



"School integration case opens with Supreme Court justices grilling lawyers; State Supreme Court decision may define what constitutes an adequate education": Beena Raghavendran of The Minneapolis Star Tribune has this report.

And Josh Verges of The Pioneer Press of St. Paul, Minnesota has an article headlined "Are segregated Twin Cities schools good enough? MN Supreme Court prepares to answer."
Posted at 09:22 PM by Howard Bashman



"Utah Supreme Court considers plight of two transgender people who want their IDs to reflect their 'actual reality'": Jennifer Dobner of The Salt Lake Tribune has this report.
Posted at 09:15 PM by Howard Bashman


"Supreme Court asked to recognize a Second Amendment right to sell guns": Alex Swoyer of The Washington Times has this report.

And Angela Ruggiero of The East Bay Times reports that "US Supreme Court asked to review local gun shop case."
Posted at 09:10 PM by Howard Bashman



"Supreme Court to rule on state efforts to purge voters": Richard Wolf of USA Today has this report.
Posted at 09:05 PM by Howard Bashman


"Justice was served in GPS tracking case ... by accident: An odd decision on warrantless GPS tracking doesn't offer much clarity; Is this the future of an expanded Arizona Supreme Court?" Columnist Robert Robb has this essay online at The Arizona Republic.
Posted at 05:22 PM by Howard Bashman


"Looking Back to Make Sense of the Court's (Relatively) Light Workload": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 04:30 PM by Howard Bashman


"Surveillance Court Wants ACLU Standing Reviewed": Daniel Wilson of Law360.com has a report (subscription required for full access) that begins, "The Foreign Intelligence Surveillance Court has asked a review panel to rule on whether it is legally allowed to consider the merits of the American Civil Liberties Union's request to fully unredact several declassified court opinions, after its judges recently split on the issue."

You can view at this link the order of the Foreign Intelligence Surveillance Court certifying a question to the Foreign Intelligence Surveillance Court of Review.
Posted at 02:50 PM by Howard Bashman



"A Primer on the Merits Issues in ACLU v. Mattis (the U.S. Citizen Enemy Combatant Case)": Robert Chesney and Steve Vladeck have this blog post at "Lawfare."
Posted at 02:40 PM by Howard Bashman


"Court to weigh if one parent has the right to use frozen embryos if the other objects": Ariana Eunjung Cha has this article in today's edition of The Washington Post.
Posted at 08:37 AM by Howard Bashman


"Supreme Court hears NM-Texas water dispute": Michael Coleman has this front page article in today's edition of The Albuquerque Journal.

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Texas v. New Mexico, No. 141 Orig.
Posted at 08:34 AM by Howard Bashman



"Justices reject 4 environmental cases": Amanda Reilly of Greenwire has this report.
Posted at 08:30 AM by Howard Bashman


"Supreme Court hearing 2 vehicle search cases": Jessica Gresko of The Associated Press has this report.
Posted at 08:24 AM by Howard Bashman


Monday, January 8, 2018

"Hetero employees can't claim reverse discrimination when federal law doesn't shield gays, lesbians -- judge": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 11:22 PM by Howard Bashman


"Patent owners can appeal PTAB rulings on timeliness, Federal Circuit says": Jan Wolfe of Reuters has this report (subscription required for full access) on a 9-to-4 ruling that the en banc U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 11:18 PM by Howard Bashman


"Fragments of the Law: How a 1997 Student Lecture Series Mixed Wit, Wisdom, and the UChicago Way." Becky Beaupre Gillespie has this report online at the web site of the University of Chicago Law School.
Posted at 10:22 PM by Howard Bashman


"Ruth Bader Ginsburg, with clerk hires, signals desire to outlast Trump": Joan Biskupic of CNN.com has this news analysis.
Posted at 05:48 PM by Howard Bashman


"Why Do Federal Judges Need Clerks, Anyway? Abolishing clerkships would strike a blow against sexual harassment -- and inequality to boot." Law professor Glenn Harlan Reynolds has this essay online at The Wall Street Journal.
Posted at 03:57 PM by Howard Bashman


"Supreme Court clerks are overwhelmingly white and male. Just like 20 years ago. These powerful positions are tickets to top-tier legal careers. I didn't find many minorities or women in my first analysis. They're still rare today." Tony Mauro has this essay online at USA Today.
Posted at 03:42 PM by Howard Bashman


"Death Penalty Case Heard by Racist Juror Is Reopened by Supreme Court": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Supreme Court cites juror's racist comments in allowing Ga. death row inmate to appeal."

Richard Wolf of USA Today reports that "Supreme Court cites juror's racism in death penalty reprieve."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Reopens Death Sentence of Black Convict; High court orders lower courts to consider claims by man who alleges his death sentence was tainted with racial bias by a bigoted juror."

Alex Swoyer of The Washington Times reports that "Supreme Court gives death row inmate new appeal after juror's racist beliefs."

Bill Rankin of The Atlanta Journal-Constitution reports that "Supreme Court sends case of racist juror back to Atlanta appeals court."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court sides with death row inmate over racist juror claim."

Greg Stohr of Bloomberg News reports that "Supreme Court Orders New Look at Death Sentence After Racial Slur."

And The Associated Press reports that "Justices give Georgia death row inmate new round of appeals."
Posted at 01:50 PM by Howard Bashman



"U.S. top court turns away challenge to Mississippi LGBT law": Lawrence Hurley of Reuters has this report.

Jess Bravin of The Wall Street Journal reports that "High Court Won't Hear Challenge to State Law Letting Merchants Refuse Service to Gay People; Mississippi case is latest example of legal fallout following Supreme Court's 2015 decision extending marriage rights to same-sex couples."

Greg Stohr of Bloomberg News reports that "U.S. Supreme Court Leaves Intact Mississippi Law Curbing Gay Rights."

And Ariane de Vogue of CNN.com reports that "Supreme Court won't take up Mississippi religious freedom law."
Posted at 01:38 PM by Howard Bashman



"From brief to bench, on the beat with SCOTUS": Lauren Young of Reuters has this report.
Posted at 01:34 PM by Howard Bashman


"Malloy Nominates Andrew McDonald To Be Nation's First Openly Gay Chief Justice": Edmund H. Mahony of The Hartford Courant has this report.

Mark Pazniokas of The Connecticut Mirror reports that "Malloy to nominate McDonald as chief justice of Supreme Court."

And Dave Collins of The Associated Press reports that "Nominee would be first openly gay state chief justice."
Posted at 01:25 PM by Howard Bashman



"Exciting Developments in Supreme Court Appellate Jurisdiction: Some would call it the second coming of Marbury v. Madison." Will Baude has this post at "The Volokh Conspiracy."
Posted at 10:12 AM by Howard Bashman


"OT2017 #10: 'Under the Heat Lamp.'" You can access today's new installment of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 09:52 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.

The Court issued a per curiam decision in Tharpe v. Sellers, No. 17-6075, vacating the judgment of the U.S. Court of Appeals for the Eleventh Circuit and remanding for further proceedings. Justice Clarence Thomas issued a dissenting opinion, in which Justices Samuel A. Alito, Jr. and Neil M. Gorsuch joined.
Posted at 09:31 AM by Howard Bashman



Sunday, January 7, 2018

"School integration lawsuit heads to Minnesota Supreme Court": Beena Raghavendran of The Minneapolis Star Tribune has this report.
Posted at 10:48 PM by Howard Bashman


"On Florida's 'Forgotten Coast,' a Supreme Court fight over fresh water": Robert Barnes of The Washington Post has this report.
Posted at 10:44 PM by Howard Bashman


"Justice Thomas Opens Up On Life, Faith And His Interracial Marriage": The Daily Caller has posted online this video, in which Ginni Thomas interviews her husband, Justice Clarence Thomas.
Posted at 08:22 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: Resolved 2018." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 08:17 PM by Howard Bashman


"4th Circuit revives EEOC pay bias suit against Maryland agency": Daniel Wiessner of Reuters has this report (subscription required for full access) about a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued on Friday.

Circuit Judge J. Harvie Wilkinson III issued a dissenting opinion.
Posted at 08:14 PM by Howard Bashman



"With renewed vigor, U.S. top court scrutinizes curbs on voting": Andrew Chung of Reuters has this report.
Posted at 03:58 PM by Howard Bashman


"'It's only fair': As Supreme Court ponders online sales tax, Alabama looks for solutions." John Sharp of Alabama Media Group has this report.
Posted at 10:37 AM by Howard Bashman


"Key issue in court case: Did Ohio deprive people of right to vote?" Jack Torry has this front page article in today's edition of The Dayton Daily News.
Posted at 10:32 AM by Howard Bashman


"The Right Not to Vote: SCOTUS will weigh whether Ohio had the right to purge more than a million voters who sat out elections." Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 10:24 AM by Howard Bashman


"Sexual harassment isn't the only problem with law-clerk culture": Columnist Michael McGough recently had this essay online at The Los Angeles Times.
Posted at 10:18 AM by Howard Bashman


"Water fight between Florida, Georgia lands at Supreme Court": Gary Fineout and Mark Sherman of The Associated Press have this report.
Posted at 10:14 AM by Howard Bashman


Saturday, January 6, 2018

"Olympia gets rid of its anti-panhandling rules following Supreme Court decision": Abby Spegman of The Olympian of Olympia, Washington has this report.
Posted at 11:00 PM by Howard Bashman


"Supreme Court ready to wade into water war": Lloyd Dunkelberger of The News Service of Florida has this report.

And Amanda Reilly of Greenwire reports that "Justices wade into water wars next week."
Posted at 10:58 PM by Howard Bashman



"Noose law conviction challenged in Virginia Supreme Court": Frank Green of The Richmond Times-Dispatch has this report.
Posted at 10:54 PM by Howard Bashman


"SCOTUS to hear arguments in midstate civil rights case": Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this report.
Posted at 11:09 AM by Howard Bashman


"Told their treehouse must go, owners appeal to Supreme Court": Jessica Gresko of The Associated Press has this report.
Posted at 10:50 AM by Howard Bashman


"Rosenthal rules federal courts in Houston region with firm hand": Gabrielle Banks of The Houston Chronicle has an article that begins, "In her early days as a trial lawyer, Lee Rosenthal contemplated what it took to be a great judge."
Posted at 10:36 AM by Howard Bashman


Friday, January 5, 2018

"Senate committee to vote on Justice David Stras' nomination for appellate court next week": Stephen Montemayor of The Minneapolis Star Tribune has this report.
Posted at 09:44 PM by Howard Bashman


"Roy Moore accuser's Gadsden home burns; arson investigation underway": Anna Claire Vollers of Alabama Media Group has this report.
Posted at 09:42 PM by Howard Bashman


"American Detained by U.S. Military Says He Wants to Sue": Charlie Savage of The New York Times has this report.
Posted at 09:38 PM by Howard Bashman


"Clinic Students May Help Resolve Third Circuit Jurisdiction Question; Pair Travel to St. Croix to Argue Appeal": The University of Virginia School of Law has posted this news release online.
Posted at 05:36 PM by Howard Bashman


"Court voids Baltimore law requiring 'no abortion' clinic disclaimers": Jonathan Stempel of Reuters has a report that begins, "A federal appeals court on Friday declared unconstitutional a Baltimore law requiring pregnancy clinics that do not offer or refer women for abortions to post signs disclosing that fact in their waiting rooms."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link. Circuit Judge J. Harvie Wilkinson III wrote the opinion on behalf of a unanimous three-judge panel.

Update: In other coverage, Ian Duncan of The Baltimore Sun reports that "Federal appeals court rules against Baltimore law requiring disclosures at pregnancy clinics that don't provide abortions."
Posted at 05:16 PM by Howard Bashman



"Pressuring harassers to quit can end up protecting them": Online at The Washington Post, attorney Katherine Ku has an essay that begins, "When I learned that Judge Alex Kozinski was retiring, after more than a dozen women accused him of inappropriate conduct and sexualized comments, part of me was relieved."
Posted at 04:28 PM by Howard Bashman


"3-D Guns May Be Headed to the Supreme Court: An Update." David Kimball-Stanley has this post at the "Lawfare" blog.
Posted at 01:40 PM by Howard Bashman


"Roy Moore's wife reveals their 'Jewish attorney' and he's a Christian": Greg Garrison of Alabama Media Group has this report.
Posted at 11:37 AM by Howard Bashman


"Trump's Justice Department Takes U-Turns on Obama-Era Positions; The flurry of reversals have potential ramifications on election law, labor practices, immigration and other issues": Brent Kendall and Jess Bravin of The Wall Street Journal have this report.
Posted at 11:18 AM by Howard Bashman


Thursday, January 4, 2018

"Blame the Supreme Court for Letting the Feds Target Legal State Pot: The awful precedents that helped empower Attorney General Jeff Sessions." Damon Root has this post at Reason.com's "Hit & Run" blog.
Posted at 11:52 PM by Howard Bashman


"US appeals panel rules 2-1 backing gun ban in domestic cases": Dan Sewell of The Associated Press has this report.

My earlier coverage of today's Sixth Circuit ruling can be accessed here.
Posted at 11:48 PM by Howard Bashman



"Supreme Court: 'Monster house' in McKennan must meet historical standards." Patrick Anderson of The Argus Leader of Sioux Falls, South Dakota has this report.

And Christopher Vondracek of Courthouse News Service reports that "$1 Million 'Monster House' Must Go, Court Rules."

You can access Wednesday's ruling of the Supreme Court of South Dakota at this link.
Posted at 11:42 PM by Howard Bashman



"Interview: Adrienne C. Nelson, first black Oregon Supreme Court justice." KATU-2 of Portland, Oregon has posted this interview online.
Posted at 11:36 PM by Howard Bashman


"The Supreme Court Case That Could 'Overturn the Heart of the New Deal'; And though the Court will rule before July, hardly anyone has noticed it": Simon Lazarus has this article online at The American Prospect.
Posted at 11:32 PM by Howard Bashman


"Wyo. Supreme Court exhibit to highlight successes of women in the law": Katie Kull of The Wyoming Tribune Eagle has this report.
Posted at 11:28 PM by Howard Bashman


"Supreme Court Clerk Hiring Watch: New Year, New Hires; And some justices have already hired all their 2019-2020 clerks as well." David Lat has this post at "Above the Law."
Posted at 11:14 PM by Howard Bashman


"With billions at stake, Supreme Court urged to revisit ruling shielding internet purchases from sales tax": David G. Savage of The Los Angeles Times has this report.
Posted at 11:09 PM by Howard Bashman


"10th Circuit Court of Appeals upholds rules against spontaneous protests at DIA; Protesters claimed First and Fourteenth Amendment rights violated": Kieran Nicholson of The Denver Post has this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 10:56 PM by Howard Bashman


"Two Ways of Looking at Gerrymandering": Linda Greenhouse has this essay online at The New York Times.
Posted at 09:35 PM by Howard Bashman


"Roy Moore accuser Leigh Corfman files lawsuit against him for defamation": Paul Gattis of Alabama Media Group has this report.

And Beth Reinhard of The Washington Post reports that "Woman who accused Roy Moore of sexual misconduct sues him for defamation."

You can view the complaint initiating suit at this link.
Posted at 05:40 PM by Howard Bashman



"Trump's Stellar Judges: A promising reorientation of the judiciary has begun." Edward Whelan will have this article in the January 22, 2018 issue of National Review.
Posted at 05:20 PM by Howard Bashman


"The Chevron-State Farm Framework: A New Age for Hard Look Review at Step Two?" Law professor Catherine M. Sharkey has this post at the Harvard Law Review Blog, along with a related post titled "Catskill Mountains: A Spotlight On The Problem of Judicial Acquiescence To Agency Statutory Interpretations, and the Chevron-State Farm Solution."
Posted at 02:44 PM by Howard Bashman


"9th Circuit strikes down most of Idaho's 'ag gag' law; The 9th Circuit Court of Appeals has mostly struck down Idaho's 'ag gag' law criminalizing secret records of farm activities": Mateusz Perkowski of Capital Press has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 02:38 PM by Howard Bashman


Majority on divided three-judge Sixth Circuit panel upholds constitutionality of the domestic violence misdemeanant restriction on firearms possession: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link. Senior Circuit Judge Danny J. Boggs issued this dissenting opinion.
Posted at 02:24 PM by Howard Bashman


"Use it or lose it: Should voters who don't vote stay on voter rolls? An Ohio voter-purge case with national implications comes before the Supreme Court." Steven Mazie of The Economist has this report.
Posted at 01:06 PM by Howard Bashman


"The Supreme Court's Quiet Assault on Civil Rights": U.S. District Judge Lynn Adelman (E.D. Wis.) has this article in the Fall 2017 issue of Dissent magazine.
Posted at 09:54 AM by Howard Bashman


"Ohio Voter Challenges Election Roll Purge in Supreme Court Clash": Greg Stohr of Bloomberg News has this report.
Posted at 09:50 AM by Howard Bashman


Wednesday, January 3, 2018

"Can Land Uninhabitable by an Endangered Species Nonetheless Be 'Critical Habitat' under the Endangered Species Act? The Supreme Court is asked to review an expansive interpretation of the Fish & Wildlife Service's authority to designate critical habitat for listed species." Jonathan H. Adler has this post at "The Volokh Conspiracy."
Posted at 11:18 PM by Howard Bashman


"Trial delayed for Dan Markel slaying suspect Magbanua": Karl Etters of The Tallahassee Democrat has this report.
Posted at 10:48 PM by Howard Bashman


"A Few Thoughts on Collins v. Virginia: My take on a Fourth Amendment case that will be argued next Tuesday." Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 09:56 PM by Howard Bashman


"California Supreme Court struggles as vacancy drags on": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 09:52 PM by Howard Bashman


"Students Identify With 50-Year-Old Supreme Court Case": Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered."
Posted at 09:45 PM by Howard Bashman


"Businesses can charge extra for credit card payments, appeals court rules": Bob Egelko of The San Francisco Chronicle has this report.

And Helen Christophi of Courthouse News Service reports that "California Ban on Credit Card Surcharges Is Illegal, 9th Circuit Says."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:10 PM by Howard Bashman



"Wandering Dago prevails in federal court; Food truck was barred from Empire State Plaza by state": Casey Seiler of The Times Union of Albany, New York has this report.

Steven Cook of The Daily Gazette of Schenectady, New York reports that "State violated Wandering Dago food truck owners' rights, appeals court rules; Can now participate in Empire State Plaza lunch program if it is held again."

And Amanda Ottaway of Courthouse News Service reports that "Food Truck 'Wandering Dago' Wins at Free-Speech Case."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 09:00 PM by Howard Bashman



"After #MeToo Comes to the Courts": Law professor Lara Bazelon has this essay online at The New York Times.
Posted at 08:33 PM by Howard Bashman


"A Tribute to Doug Letter": Benjamin Wittes has this post at the "Lawfare" blog.
Posted at 06:08 PM by Howard Bashman


"Why It's Impossible To Keep Judge Nominations Non-Political: We have divergent interpretive theories that map onto ideologically sorted parties, so is it any surprise that elections are high-stakes for judges?" Ilya Shapiro has this post at The Federalist.
Posted at 06:00 PM by Howard Bashman


"A New Era in SCOTUS Textualism": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 05:56 PM by Howard Bashman


"AZ court ruling: Police must get warrant to use GPS tracking on vehicles." Howard Fischer of The Arizona Daily Star has this report.

You can access today's ruling of a divided Supreme Court of Arizona at this link.
Posted at 05:24 PM by Howard Bashman



"Supreme Court clashes with Congress over 'gibberish' in laws written by legislators": Richard Wolf of USA Today has this report.
Posted at 04:55 PM by Howard Bashman


"New SCOTUS brief: no circuit split on standing in data breach class actions." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 04:50 PM by Howard Bashman


"Lindsay Lohan, Grand Theft Auto V, the First Amendment, and the Right of Publicity: An amicus brief we recently filed in an interesting and important New York high court case." Eugene Volokh has this post at "The Volokh Conspiracy."
Posted at 12:52 PM by Howard Bashman


"Douglas Letter, Head of Justice Department's Civil Appeals, to Join Georgetown Law's Institute for Constitutional Advocacy and Protection": Georgetown Law posted this news release online today.
Posted at 12:48 PM by Howard Bashman


"Is Lucia Still Cert-Worthy? While the Trump Administration supports Supreme Court review, it's not clear there's enough in the case to interest the justices." Jonathan H. Adler has this post at "The Volokh Conspiracy."
Posted at 12:46 PM by Howard Bashman


"Speaking Freely with Adam Liptak": The Free Speech Project at Georgetown University recently posted this video on YouTube.
Posted at 12:44 PM by Howard Bashman


"The Year Ahead in Judicial Appointments: Four Big Questions." Ed Whelan has this post at National Review's "Bench Memos" blog.
Posted at 12:34 PM by Howard Bashman


"Divided Supreme Court stalls new laws in ongoing veto fight": Steve Terrell has this front page article in today's edition of The Santa Fe New Mexican.

And in today's edition of The Albuquerque Journal, Dan McKay has a front page article headlined "Contested vetoed bills to remain in limbo."
Posted at 12:26 PM by Howard Bashman



"Three women first to file for Nevada Supreme Court": Geoff Dornan of The Nevada Appeal of Carson City has this report.
Posted at 12:20 PM by Howard Bashman


Tuesday, January 2, 2018

"An unqualified injustice": Clark Neily has this essay online at The Washington Times about a case pending on petition for writ of certiorari in the U.S. Supreme Court.
Posted at 10:20 PM by Howard Bashman


"Governor appoints first African American judge to Oregon Supreme Court: Adrienne Nelson." Aimee Green of The Oregonian has this report.

Whitney Woodworth of The Statesman Journal of Salem, Oregon reports that "First African-American, Adrienne Nelson, appointed to Oregon Supreme Court."

And Andrew Selsky of The Associated Press reports that "In a first, African-American named to Oregon Supreme Court."
Posted at 10:08 PM by Howard Bashman



"Willett leaves Texas Supreme Court for federal bench": Chuck Lindell of The Austin American-Statesman has this report.

Andrea Zelinski of The Houston Chronicle reports that "Willett takes oath for 5th U.S. Circuit Court of Appeals."

Robert T. Garrett of The Dallas Morning News reports that "Jimmy Blacklock joins Texas Supreme Court as latest justice mentored by Gov. Greg Abbott."

And in commentary, columnist Ken Herman of The Austin American-Statesman has an essay titled "Appeals Judge Willett to take colleagues' 'Twitter temperature.'"
Posted at 09:10 PM by Howard Bashman



"Law Clerks, Judicial Power, and the Code of Silence": Eric Segall has this blog post at "Dorf on Law."
Posted at 12:09 PM by Howard Bashman


"Four Thoughts on Byrd v. United States: When do unauthorized drivers have Fourth Amendment rights in rental cars?" Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 12:06 PM by Howard Bashman


"GOP Obamacare quandary -- easy to hate, hard to kill; The repeal debate may fester in 2018 as Republicans split on strategy": Jennifer Haberkorn of Politico.com has this report.
Posted at 12:03 PM by Howard Bashman


"Albemarle case over warrantless search for motorcycle is going to U.S. Supreme Court": Frank Green has this front page article in today's edition of The Richmond Times-Dispatch.
Posted at 12:00 PM by Howard Bashman


"Ceremony to mark Don Willett departure from Texas Supreme Court": Chuck Lindell of The Austin American-Statesman has this report.
Posted at 11:57 AM by Howard Bashman


Monday, January 1, 2018

"States Pay the Price When You Buy Online": In Tuesday's edition of The New York Times, law professor David J. Herzig will have an op-ed that begins, "Can online retailers be compelled by law to collect a sales tax? According to the Supreme Court, no -- but that could change if, in the next few weeks, it decides to take up a case challenging the current rule."
Posted at 11:08 PM by Howard Bashman


"Only all-woman Texas Supreme Court panel a rarity in 1925 -- and today": Allie Morris of The San Antonio Express-News has this report.
Posted at 08:53 PM by Howard Bashman


"Travel ban case likely to end up before Supreme Court in 2018": Alex Swoyer of The Washington Times has this report.
Posted at 08:40 PM by Howard Bashman


"Judicial Nominations 2017 -- Year in Review": Harsh Voruganti has this post at "The Vetting Room" blog.
Posted at 08:35 PM by Howard Bashman


"Pulled Over in a Rental Car, With Heroin in the Trunk": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:46 PM by Howard Bashman


"Capital Punishment Deserves a Quick Death": This editorial appears in today's edition of The New York Times.
Posted at 01:44 PM by Howard Bashman






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