How Appealing


Saturday, March 28, 2015

"Candidates offer competing visions in Wisconsin Supreme Court debate; Ann Walsh Bradley, James Daley make last of 4 joint appearances": Jason Stein of The Milwaukee Journal Sentinel has this report.
Posted at 10:20 PM by Howard Bashman




"Huckabee calls for term limits on U.S. Supreme Court justices": The Los Angeles Times has this report.
Posted at 10:16 PM by Howard Bashman




"Guantanamo's Charade of Justice": Retired Air Force colonel Morris D. Davis has this op-ed in today's edition of The New York Times.
Posted at 09:50 PM by Howard Bashman




"Gov. Mike Pence to push for clarification of 'religious freedom' law": Tim Swarens of The Indianapolis Star has an article that begins, "Gov. Mike Pence, scorched by a fast-spreading political firestorm, told The Star on Saturday that he will support the introduction of legislation to 'clarify' that Indiana's controversial Religious Freedom Restoration Act does not promote discrimination against gays and lesbians."
Posted at 09:42 PM by Howard Bashman




"Free after three decades in prison, George Toca sprints toward a new life": John Simerman had this article recently in The New Orleans Advocate.
Posted at 09:32 PM by Howard Bashman




"Maryland allows Confederate license plates, but blocks other messages": The Baltimore Sun has this report.
Posted at 09:26 PM by Howard Bashman




"The Internet's Own Boy: The Story of Aaron Swartz." The Documentary Network has made freely available online at YouTube the entire documentary film.
Posted at 09:18 PM by Howard Bashman




"Mercury Rising -- The coal industry and 22 states ask the Supreme Court to throw out new restrictions on toxic emissions." Slate has posted online this "Amicus" podcast featuring Dahlia Lithwick.
Posted at 09:10 PM by Howard Bashman




"Oregon Supreme Court to consider: Is it 'cruel and unusual' to imprison public masturbator for life?" Aimee Green of The Oregonian has this report.
Posted at 09:04 PM by Howard Bashman




"Alabama Supreme Court says SCOTUS ruling on juvenile killers not retroactive": Kent Faulk of The Birmingham News has this report.

You can access yesterday's 7-to-2 ruling of the Supreme Court of Alabama at this link.

Chief Justice Roy S. Moore issued a dissenting opinion that begins by harshly criticizing the U.S. Supreme Court's decision in Miller v. Alabama prohibiting mandatory life sentences for juveniles and concludes by arguing that the Miller decision should nevertheless be applied retroactively on collateral review.
Posted at 01:35 PM by Howard Bashman




"State high court won't hear arguments in John Doe cases": Bruce Vielmetti and Patrick Marley of The Milwaukee Journal Sentinel have this report.

And Dee J. Hall of The Wisconsin State Journal has an article headlined "Supreme Court: No oral arguments in John Doe cases."

You can access yesterday's order of the Supreme Court of Wisconsin, and the dissents therefrom, at this link.
Posted at 01:16 PM by Howard Bashman




Friday, March 27, 2015

"Is Advice Given Over The Internet Free Speech? Texas Veterinarian Heads to Federal Appellate Court Tomorrow With One Of First Amendment's Most Important Unanswered Questions." The Institute for Justice issued this news release earlier this year.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued this ruling rejecting a Texas-licensed veterinarian's First and Fourteenth Amendment challenges to certain aspects of Texas law regulating the practice of veterinary medicine.
Posted at 11:57 PM by Howard Bashman




"Catholics on Left and Right Find Common Ground Opposing Death Penalty": Mark Oppenheimer will have this Beliefs column in Saturday's edition of The New York Times.
Posted at 11:26 PM by Howard Bashman




"Diplomatic Assurances, Torture, and Judicial Review: The Bimenyimana Appeal." Today at "Just Security," Steve Vladeck has a blog post that begins, "Later this year, the U.S. Court of Appeals for the Fourth Circuit will hear argument in one of the more quietly important torture cases to come before the federal courts in the past seven years (if not longer)."
Posted at 11:23 PM by Howard Bashman




"Gridlock and Purposivism in Statutory Interpretation": Today at "Dorf on Law," Michael Dorf has a post that begins, "On Monday, Justice Kennedy sent the blawgosphere into a bit of a tizzy when, in the course of testifying before the House Appropriations Committee, he answered a question about statutory interpretation."
Posted at 11:18 PM by Howard Bashman




"Colorado officials defend marijuana legalization at U.S. Supreme Court": John Ingold of The Denver Post has this news update.

And Reuters reports that "Colorado urges U.S. Supreme Court to dismiss interstate pot lawsuit."

You can view at this link the brief in opposition that Colorado filed today in the U.S. Supreme Court.
Posted at 11:08 PM by Howard Bashman




"Scalia Fan Fiction: The lovable grouch is a lie." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 10:58 PM by Howard Bashman




"Makers of Generic Drugs Challenge F.D.A. Plan for Updated Warnings": In Saturday's edition of The New York Times, Sabrina Tavernise will have an article that begins, "The pharmaceutical industry mounted a new challenge on Friday to a federal plan that would require generic drug companies to take the initiative to update their labels to warn consumers whenever health risks were discovered, a shift that would expose the companies to legal liability."
Posted at 10:14 PM by Howard Bashman




"Absurd Fourth Circuit ruling embodies everything that's wrong with drug raids": Radley Balko has this blog post today at "The Watch" blog of The Washington Post.

You can access at this link the unpublished opinion of the U.S. Court of Appeals for the Fourth Circuit that is the subject of Balko's post.
Posted at 10:02 PM by Howard Bashman




"Indiana Law Denounced as Invitation to Discriminate Against Gays": Michael Barbaro and Erik Eckholm will have this article in Saturday's edition of The New York Times.

And Tim Evans of The Indianapolis Star has an article headlined "Why were 'religious freedom' supporters mostly silent."
Posted at 09:52 PM by Howard Bashman




"Review: 'The Originalist,' About Scalia, Opens in Washington." Charles Isherwood will have this theater review in Saturday's edition of The New York Times.
Posted at 09:28 PM by Howard Bashman




"Amanda Knox Acquitted of 2007 Murder by Italy's Highest Court": The New York Times has this news update.
Posted at 06:00 PM by Howard Bashman




"A Tip From The Justices on Writing: Keep it Simple; An extraordinary disciplinary action concludes with an admonition to stick to 'plain terms' in briefs." Tony Mauro of The National Law Journal has this report.

You can freely access the full text of the article via Google News.
Posted at 05:22 PM by Howard Bashman




"Court upholds conviction of woman in Rwanda genocide case": The Associated Press has this report.

My earlier coverage of Wednesday's First Circuit ruling can be accessed here.
Posted at 04:37 PM by Howard Bashman




"With gay marriage case pending, religion bills gain ground": The Associated Press has a report that begins, "With the nation's highest court set to hear arguments next month over the constitutionality of same-sex marriage bans, legislation is advancing in several states that critics say gives businesses license to deny services to gays and lesbians on religious grounds."
Posted at 04:07 PM by Howard Bashman




"States defend gay marriage bans as democratic actions": Richard Wolf of USA Today has an article that begins, "The four states seeking to maintain bans against same-sex marriage told the Supreme Court Friday that the democratic process should decide the issue, not judicial dictate."
Posted at 04:05 PM by Howard Bashman




"Court: Obligation to Make Sense May Not Be Delegated to Client." Kevin Underhill had this post Tuesday at "Lowering the Bar."
Posted at 04:00 PM by Howard Bashman




"DeWine defends state's ban on same-sex marriage": Jack Torry of The Columbus Dispatch has this news update.

And Chris Geidner of BuzzFeed reports that "Four States Set To Defend Marriage Bans At The Supreme Court."

Via The Washington Blade, you can access at this link a copy of Ohio's merits brief filed today in the U.S. Supreme Court.

And Michigan's merits brief can be accessed here.

Update: Also now available online are the merits briefs of Kentucky and Tennessee.
Posted at 03:11 PM by Howard Bashman




"Harry Reid Saved Obamacare -- but at a Price That Could Still Kill It; The Senate leader rescued the bill when it looked doomed; But the messy legislative process gave its opponents new life in court": Dylan Scott has this article online today at National Journal.
Posted at 03:06 PM by Howard Bashman




"Campaign Money Tests Wisconsin Justices' Impartiality": Monica Davey will have this article in Saturday's edition of The New York Times.
Posted at 03:04 PM by Howard Bashman




"In The Originalist, Theater Tries to Interpret Antonin Scalia: Jeffrey Rosen and Garrett Epps discuss a new play by John Strand, whose hero is the longest-serving justice currently on the Supreme Court." Jeffrey Rosen and Garrett Epps have this essay online at The Atlantic.
Posted at 03:00 PM by Howard Bashman




In today's mail: U.S. Senator Mike Lee's (R-UT) new book, "Our Lost Constitution: The Willful Subversion of America's Founding Document." The book's official on-sale date is April 7, 2015.
Posted at 02:33 PM by Howard Bashman




"Chief Justice Roberts to visit Japan after term ends": Robert Barnes of The Washington Post has this report.
Posted at 01:44 PM by Howard Bashman




"How Harry Reid Changed the Federal Courts": Jeffrey Toobin has this post online today at The New Yorker.
Posted at 01:42 PM by Howard Bashman




"Argument preview: Mental disability and death sentencing." Lyle Denniston has this post at "SCOTUSblog."
Posted at 01:40 PM by Howard Bashman




"Ottawa free to destroy Quebec's gun-registry data, top court rules": Sean Fine of The Toronto Globe and Mail has a news update that begins, "The federal government has the right to destroy Quebec records in the now-abolished federal gun registry, the Supreme Court ruled 5-4 Friday morning -- with all three Quebec judges in the minority."

And in related coverage, The Montreal Gazette has a news update headlined "Quebec says it will move ahead with its own long-gun registry."

You can access today's ruling of the Supreme Court of Canada at this link.
Posted at 01:33 PM by Howard Bashman




"He then hired his current attorney, Scott Yu": The U.S. Court of Appeals for the Seventh Circuit today issued its ruling in a case captioned Shaohua He v. Eric H. Holder, Jr.

A petitioner with the last name He causes the Seventh Circuit's ruling to contain some interesting factual exposition:

He testified that he entered the United States in 2007 in circuitous fashion through Indonesia and Canada before arriving in New York. He came to Chicago a year later, he said, to retain an attorney to apply for asylum based on mistreatment . . . .
Eventually, as the excerpt from the opinion quoted in the title of this post explains, He hired Yu to serve as his attorney.

Although today's ruling somehow avoids turning into an Abbott & Costello routine, before concluding the decision not only rules against He but also contains some bad news for Yu.
Posted at 01:16 PM by Howard Bashman




Second Circuit rejects federal preemption and constitutional challenges to state Wage Parity Law, requiring that New York City-area home health care aides receive a so-called "living wage": You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:02 PM by Howard Bashman




"Supreme Court Cases on EPA Emissions Regulations: Jeremy Jacobs talked about three consolidated cases heard before the Supreme Court to decide whether the Environmental Protection Agency violated the Clean Air Act by requiring power plants to meet strict emissions standards." C-SPAN has posted online this video segment from today's broadcast of "Washington Journal."
Posted at 12:52 PM by Howard Bashman




"Moore, Nelson Named to Board of Overseers Leadership": The Harvard Crimson has an article that begins, "Karen Nelson Moore '70, a federal judge on the U.S. Court of Appeals for the Sixth Circuit, will lead the Harvard Board of Overseers -- the University's second-highest governing body -- as its new president for the 2015-2016 academic year, the University announced on Thursday."

And the Harvard Gazette reports that "Karen Moore to lead Board of Overseers; Diana Nelson will become vice chair of executive committee."

You can access a list of the people serving on Harvard University's Board of Overseers at this link.
Posted at 11:09 AM by Howard Bashman




"'Terrified' Fed. Circ. Will Follow High Court, Michel Says": Ryan Davis of Law360.com has this report (via Orin Kerr).
Posted at 11:03 AM by Howard Bashman




"The Originalist Q&A with playwright John Strand": Kali Borkoski has this post at "SCOTUSblog."
Posted at 09:21 AM by Howard Bashman




"How anti-abortion 'Heartbeat Bill' passed Ohio House": The Cincinnati Enquirer has this report.
Posted at 09:16 AM by Howard Bashman




"Billion-dollar Oxycontin verdict rests on disputed missed deadline": The Associated Press has this report.
Posted at 09:12 AM by Howard Bashman




"The Man Who Brought Obamacare Back to the Supreme Court: CEI's Lawson Bader on King v. Burwell." ReasonTV has posted the video of this interview online at YouTube.
Posted at 09:06 AM by Howard Bashman




"Kris Kobach asks U.S. Supreme Court to restore his proof-of-citizenship law": The Wichita Eagle has an article that begins, "Kansas Secretary of State Kris Kobach is asking the U.S. Supreme Court to overturn an appeals court decision and restore a state law he wrote requiring proof-of-citizenship documents to register to vote."
Posted at 09:04 AM by Howard Bashman




"Lawmakers showing contempt for courts": This editorial appears in today's edition of The Wichita Eagle.
Posted at 08:54 AM by Howard Bashman




"Lens on Stays Pending Appeal": At the "Civil Procedure & Federal Courts Blog," Adam Steinman has this post discussing an article that law professor Jill Wieber Lens has posted online at SSRN titled "Stays Pending Appeal: Why the Merits Should Not Matter."
Posted at 08:50 AM by Howard Bashman




"Michelle Obama, Race and the Ivy League: The education of a future First Lady." Peter Slevin of Politico Magazine has an article that begins, "In 1988, a group of black students at Harvard Law School compiled a report designed to recognize the growing achievements of black students on campus and share their wisdom with newcomers."
Posted at 08:45 AM by Howard Bashman




"U.S. Barred From Enforcing Same-Sex Family Leave Benefit": Margaret Cronin Fisk and Tom Korosec of Bloomberg News have a report that begins, "The U.S. was barred by a federal judge from immediately enforcing a new rule that would grant Family and Medical Leave Act benefits to same-sex couples."

My earlier coverage of yesterday's ruling can be accessed here.
Posted at 08:44 AM by Howard Bashman




Thursday, March 26, 2015

"Court upholds death sentences, but Mother Nature had the last word": Bob Egelko of The San Francisco Chronicle has this blog post about an opinion and order that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:45 PM by Howard Bashman




"Concealed gun case gets new hearing; Larger panel of judges to decide if attorney general can intervene in San Diego County lawsuit": The San Diego Union-Tribune has this report.

Bob Egelko of The San Francisco Chronicle reports that "Court to review ruling to permit concealed weapons in California."

Howard Mintz of The San Jose Mercury News reports that "California concealed gun ruling to be reconsidered."

The Los Angeles Times reports that "Appeals court to reconsider ruling against San Diego gun-control rule."

And Lawrence Hurley of Reuters reports that "U.S. appeals court to reconsider San Diego gun restriction."

You can access today's orders of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc here and here.
Posted at 11:42 PM by Howard Bashman




"Munyenyezi sentenced to 10 years for lying about role in genocide": In July 2013, The Concord (N.H.) Monitor published an article that begins, "Beatrice Munyenyezi was sentenced today to serve 10 years in prison for lying about her role in Rwanda's 1994 genocide."

Yesterday, in an opinion written by Circuit Judge O. Rogeriee Thompson, a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit affirmed the convictions and sentence.
Posted at 11:28 PM by Howard Bashman




"Is it legal for US military to scan the public's computers for kid porn? Law-enforcement computer program called RoundUp searches for hashed images." David Kravets of Ars Technica has an article that begins, "A federal appeals court is having second thoughts about its decision frowning on the US Navy for scanning every computer in the state of Washington accessing Gnutella, a large peer-to-peer network."

And at "Just Security," Steve Vladeck has a post titled "Ninth Circuit Grants En Banc Rehearing in Posse Comitatus/Unlawful Surveillance Case."

My earlier coverage of yesterday's Ninth Circuit order granting rehearing en banc can be accessed here.
Posted at 09:38 PM by Howard Bashman




"Inside America's Toughest Federal Prison: For years, conditions inside the United States' only federal supermax facility were largely a mystery; But a landmark lawsuit is finally revealing the harsh world within." Mark Binelli will have this article in this upcoming Sunday's edition of The New York Times Magazine.
Posted at 09:14 PM by Howard Bashman




"Judge halts changes to law giving benefits to gay couples": Bobby Cervantes of The Houston Chronicle has an article that begins, "A Wichita Falls federal district judge on Thursday granted Attorney General Ken Paxton's request to temporarily stop the federal government from revising the Family and Medical Leave Act to include federal employees in same-sex unions."

And Reuters reports that "U.S. court halts Labor Department same-sex couple protections."

You can access today's opinion and order of the U.S. District Court for the Northern District of Texas at this link.
Posted at 09:00 PM by Howard Bashman




"Kim Kardashian, Kanye West Ask Appeals Court for Its Hand in Video Leak Lawsuit; The couple sued YouTube co-founder Chad Hurley for posting video of their marriage proposal, allegedly in violation of a confidentiality agreement": Austin Siegemund-Broka has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 08:50 PM by Howard Bashman




President Obama seeks to achieve another first in a judicial nominee: Today the White House announced the nomination of Paula Xinis to serve as a U.S. District Judge for the District of Maryland.

Ms. Xinis appears to be very highly qualified for this judicial post. If the U.S. Senate agrees and confirms the nomination, she would become the first Article III judge whose last name begins with the letter X. Don't be Zilly and embark on a Quist to see if any other letters have yet to start the last name of an Article III judge, because X is the only letter without anyone to mark the spot.

Update: In news coverage, Justin Fenton of The Baltimore Sun reports that "Obama nominates Murphy Firm partner for federal bench."
Posted at 06:07 PM by Howard Bashman




"A Few Thoughts on Adnan Syed's Opening Brief": Steve Klepper had this post yesterday at the "Maryland Appellate Blog."

And in other recent coverage, The Baltimore Sun reports that "'Serial' podcast subject Syed makes his case for a new trial."

And USA Today reports that "'Serial' subject blames lawyer in new appeal."
Posted at 05:55 PM by Howard Bashman




"Skeptical judges question industry assault on EPA's carbon capture rule": Jeremy P. Jacobs of Greenwire has this report.

You can access the audio of today's D.C. Circuit oral argument via this link (47.2 MB mp3 audio file).
Posted at 04:22 PM by Howard Bashman




"Court hears appeal in terror-related custody dispute": The Associated Press has this report.
Posted at 03:11 PM by Howard Bashman




"Wal-Mart in no hurry to pay workers after Pennsylvania court loss": The Times Leader of Wilkes-Barre, Pennsylvania has this report.
Posted at 02:00 PM by Howard Bashman




"Kentucky judges weigh whether schools, teachers liable if bullied student commits suicide": The Associated Press has this report.
Posted at 01:56 PM by Howard Bashman




"Nevada Court of Appeals hears first oral arguments": The Las Vegas Review-Journal has this report.
Posted at 01:50 PM by Howard Bashman




"Gov. Mike Pence signs 'religious freedom' bill in private": The Indianapolis Star has this report.
Posted at 01:46 PM by Howard Bashman




"Beating Animals Breaks Law. Now Trying to Expose It Does, Too." Isaac Arnsdorf of Bloomberg News has a report that begins, "An undercover video taped in 2012 showed Idaho dairy workers beating cows, prompting criminal convictions. State lawmakers responded -- by banning undercover videos."
Posted at 01:35 PM by Howard Bashman




When using a contraction in an appellate brief simply can't be avoided: In this decision that the U.S. Court of Appeals for the Ninth Circuit issued today, attorney Dennis M. Bear Don't Walk argued the appeal for the plaintiff-appellee.
Posted at 01:25 PM by Howard Bashman




"When Deciding Gay Marriage, SCOTUS Should Listen to John Roberts' Confirmation Hearing": Judith E. Schaeffer has this essay online at Slate.
Posted at 12:12 PM by Howard Bashman




"Holmes' bill targets Kan. Supreme Court": Today's edition of The Hutchinson News contains a front page article that begins, "State Sen. Mitch Holmes, R-St. John, has called for legislation to expand significantly the grounds for impeachment of Kansas Supreme Court justices."
Posted at 10:33 AM by Howard Bashman




"Constitution Check: Is the Supreme Court promoting race bias in election districting?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:27 AM by Howard Bashman




"The Lawsuit That Could Take Down Obamacare Has A Paper-Trail Problem": Sam Stein of The Huffington Post has this report.
Posted at 10:24 AM by Howard Bashman




"Tennessee judge's epic firsts are historic, unparalleled": The Tennessean has published this profile of Senior Sixth Circuit Judge Martha Craig Daughtrey.
Posted at 10:18 AM by Howard Bashman




"Reunited 2 Live Crew Talk Running From the Cops, Winning in the Supreme Court; Infamous Miami trio share their wildest road story and break down the evolution of their 'nasty' sound": Jesse Serwer has this report online at Rolling Stone.
Posted at 10:14 AM by Howard Bashman




Wednesday, March 25, 2015

"Bob Menendez, facing DOJ indictment, undecided on Loretta Lynch; New Jersey Democrat's vote could be crucial for confirming Obama's attorney general nominee": Manu Raju and Burgess Everett of Politico.com have this report.
Posted at 10:55 PM by Howard Bashman




"Supreme Court Rules On Two Closely-Watched Discrimination Cases": Carrie Johnson had this audio segment on today's broadcast of NPR's "All Things Considered."
Posted at 10:02 PM by Howard Bashman




Ninth Circuit to rehear en banc three-judge panel's reversal of child pornography conviction due to NCIS's Posse Comitatus Act violation: You can access today's order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link.

My earlier coverage of the divided three-judge panel's ruling in the case can be accessed here, here, and here.

Soon after the panel's ruling issued, The New York Times covered the decision in an article headlined "Child Pornography Case Spurs Debate on Military's Role in Law Enforcement."
Posted at 09:47 PM by Howard Bashman




"Supreme Court Appears Divided on EPA Rules to Limit Mercury Emissions; Should $9.6 Billion in Annual Costs Have Been Part of Initial Evaluation?" Brent Kendall of The Wall Street Journal has this report.

Richard Wolf of USA Today reports that "Justices ask if clear air rules are 'appropriate.'"

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: EPA may be a vote short -- or not."
Posted at 09:26 PM by Howard Bashman




"Ted Cruz 'still weighing options' on Obamacare": Politico.com has a report that begins, "Sen. Ted Cruz hasn't made a final decision on whether he will sign up for Obamacare but will make up his mind 'in the coming days,' a spokesman said Wednesday."
Posted at 09:16 PM by Howard Bashman




"Justices revive case claiming UPS discriminated against pregnant worker": Robert Barnes and Brigid Schulte of The Washington Post have this report.

Jess Bravin of The Wall Street Journal reports that "Supreme Court Sides With Worker in Pregnancy Discrimination Case; Former UPS driver says she wasn't accommodated when she was pregnant."

Warren Richey of The Christian Science Monitor reports that "Supreme Court rules in favor of protecting pregnant women in UPS case."

The Guardian (UK) reports that "Supreme court sides with former UPS driver in pregnancy discrimination suit."

Brian Mahoney of Politico.com reports that "Supreme Court lightens load for pregnant employees."

Dave Jamieson of The Huffington Post reports that "Supreme Court Sides With Pregnant Workers."

The Hill reports that "SCOTUS sends UPS discrimination case back to lower court."

Claire Suddath of Bloomberg News reports that "Peggy Young Won Her Pregnancy Discrimination Case Against UPS, Sort Of; The Supreme Court has sent the case back to the lower court."

Online at The New Republic, Rebecca Leber has an essay titled "The Supreme Court Just Sided with Pregnant Working Women."

And online at The Daily Beast, Jay Michaelson has an essay titled "Young v. United Parcel Service: For Conservative Reasons, Supreme Court Rules For Pregnant Women -- And Against Corporations."
Posted at 09:10 PM by Howard Bashman




"Supreme Court Rules Against Alabama in Redistricting Case": Adam Liptak will have this article in Thursday's edition of The New York Times.

And Warren Richey of The Christian Science Monitor reports that "Supreme Court sends key voting rights case back to Alabama."
Posted at 08:47 PM by Howard Bashman




"California Seeks to Head Off Initiative to Execute Gays": Adam Nagourney of The New York Times has an article that begins, "The California attorney general, Kamala D. Harris, moved Wednesday to block a proposed voter initiative that would mandate the execution of sexually active gay men and women, calling it 'patently unconstitutional' and a threat to public safety."
Posted at 08:32 PM by Howard Bashman




"Reasonable Accommodations: Do the lives of the mentally ill matter to the Supreme Court?" Cristian Farias has this jurisprudence essay online at Slate.
Posted at 08:22 PM by Howard Bashman




"6th Circ Affirms Ink Pricing Injunction Against Kodak": Kelly Knaub of Law360.com has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 08:20 PM by Howard Bashman




"Court's lone black justice rails against 'racial quotas'": Richard Wolf of USA Today has this report.
Posted at 08:07 PM by Howard Bashman




"A Pregnant Worker's Right to Sue: The Supreme Court compromises a smart new rule into existence." Dahlia Lithwick has this jurisprudence essay online at Slate.

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: Fashioning a remedy for pregnancy bias."
Posted at 08:00 PM by Howard Bashman




"Supreme Court appears split over EPA toxics standards": Jeremy P. Jacobs of Greenwire has this report.
Posted at 04:16 PM by Howard Bashman




"Supreme Court Delivers for Pregnant Workers": Law professor Noah Feldman -- who currently seems to be the hardest working legal commentator around -- has this essay online at Bloomberg News.
Posted at 03:00 PM by Howard Bashman




Access online the transcript of today's U.S. Supreme Court oral argument in Michigan v. EPA, No. 14-46: At this link.
Posted at 02:00 PM by Howard Bashman




"Judge Chin Honored at Asian Pacific American Law Students Association Event": Georgetown Law issued this news release yesterday.
Posted at 01:56 PM by Howard Bashman




"Supreme Court rules against Alabama redistricting plan": Robert Barnes of The Washington Post has this report.

Timothy M. Phelps of The Los Angeles Times reports that "High court says Alabama may have improperly redistricted black voters."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Casts Doubt on Alabama Voter-Redistricting Plan; Lower court to again review claim legislature packed black voters into handful of districts."

Brian Lyman of The Montgomery Advertiser reports that "U.S. Supreme Court rules against Ala. redistricting."

Mike Cason of AL.com has an article headlined "Will Alabama have to hold new Senate and House elections?"

Greg Stohr of Bloomberg News reports that "Court Revives Suit Over Republican-Drawn Alabama Voting Map; The nation's highest court gives a partial victory to Democrats and black lawmakers."

And Tarini Parti of Politico.com has a report headlined "Supreme Court: Alabama may have illegally packed black voters into legislative districts."
Posted at 01:44 PM by Howard Bashman




"UPS Worker's Pregnancy Discrimination Suit Reinstated by Supreme Court": Adam Liptak of The New York Times has this report.

Timothy M. Phelps of The Los Angeles Times reports that "Pregnant woman's lawsuit against UPS revived by Supreme Court."

And Greg Stohr of Bloomberg News reports that "Pregnant Workers Backed by U.S. Supreme Court in UPS Case."
Posted at 01:28 PM by Howard Bashman




"Iran Case Is So Secret It Can't Go On": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:12 PM by Howard Bashman




"Justices seem divided over EPA mercury limits": Mark Sherman of The Associated Press has this report.

Lawrence Hurley of Reuters reports that "U.S. justices divided over challenge to mercury air pollution rule."

Greg Stohr of Bloomberg News reports that "Top U.S. Court Questions EPA Emissions Limits for Power Plants."

And Adam Liptak of The New York Times reports that "Division Seen in Supreme Court on Pollution Limits."
Posted at 01:07 PM by Howard Bashman




"Voices: The high court reigns supreme." Richard Wolf of USA Today has this report.
Posted at 12:57 PM by Howard Bashman




"Opinion analysis: A small victory for minority voters, or a case with 'profound' constitutional implications?" Richard Hasen has this post at "SCOTUSblog."
Posted at 12:54 PM by Howard Bashman




"Flag waiving: Free speech and licence plates." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 10:32 AM by Howard Bashman




"Abortion politics threaten bipartisan bills in Congress": Erin Kelly of USA Today has an article that begins, "Abortion politics are threatening to derail bipartisan agreements to fight human trafficking and prevent a dramatic drop in Medicare payments for doctors as the fight over the polarizing issue moves to new fronts."
Posted at 10:26 AM by Howard Bashman




"How Biased Towards Libertarianism is the US Constitution?" Michael Dorf has this blog post today at "Dorf on Law" discussing his essay online today at Justia's Verdict titled "Economic Libertarian Constitutionalism Never Really Died."
Posted at 10:24 AM by Howard Bashman




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

1. Justice Stephen G. Breyer delivered the opinion of the Court in Young v. United Parcel Service, Inc., No. 12-1226. Justice Samuel A. Alito, Jr. issued an opinion concurring in the judgment. Justice Antonin Scalia issued a dissenting opinion, in which Justices Anthony M. Kennedy and Clarence Thomas joined. And Justice Kennedy also issued a dissenting opinion. You can access the oral argument via this link.

2. And Justice Breyer delivered the opinion of the Court in Alabama Legislative Black Caucus v. Alabama, No. 13-895. Justice Scalia issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. and Justices Thomas and Alito joined. Justice Thomas also issued a dissenting opinion. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "High court sends Alabama redistricting case back for review" and "Justices side with ex-UPS worker who claims pregnancy bias."

Lawrence Hurley of Reuters reports that "U.S. justices throw out ruling that upheld Alabama redistricting plan" and "U.S. Supreme Court revives pregnant worker's case against UPS."

Richard Wolf of USA Today reports that "Supreme Court disallows political maps that pack blacks" and "Justices say pregnant workers can seek accommodations."

And Ariane de Vogue of CNN.com has a report headlined "Supreme Court: Pregnancy discrimination case resurrected."
Posted at 10:03 AM by Howard Bashman




"Supreme Court hears arguments in dispute over EPA mercury rule": David G. Savage of The Los Angeles Times has this report.

Richard Wolf of USA Today reports that "Obama, opponents take air pollution fight to high court."

The Detroit News reports that "Michigan case pits health against power reliability."

The Cleveland Plain Dealer reports that "U.S. Supreme Court to decide whether cost to cut air pollution outweighs health benefits."

The Hill reports that "EPA regulations face new test at high court."

On today's broadcast of NPR's "Morning Edition," Nina Totenberg has an audio segment titled "Obama Administration Emissions Rules Face Supreme Court Test."

At "SCOTUSblog," Lyle Denniston has a post titled "Argument preview: EPA, on the defensive again."

At "FiveThirtyEight," Oliver Roeder has a post titled "The 'War On Coal' Comes To The Supreme Court."

And online at The New Republic, Rebecca Leber has an essay titled "This EPA Rule Will Save Thousands of Lives -- if the Supreme Court Upholds It."
Posted at 09:00 AM by Howard Bashman




"Labor board still grappling with Supreme Court defeat": Tim Devaney of The Hill has this report.
Posted at 08:40 AM by Howard Bashman




"Justices Rule Opinions May Sometimes Be Basis for Securities Fraud Suits": Adam Liptak has this article in today's edition of The New York Times.

Brent Kendall of The Wall Street Journal reports that "High Court Gives Omnicare Another Shot at Stopping Investor Suit; Case examined whether companies can be sued for securities registration statements that prove incorrect."

The Los Angeles Times reports that "Supreme Court separates facts from opinion in Omnicare ruling."

Greg Stohr of Bloomberg News reports that "Investor Suits Limited by Top U.S. Court in Omnicare Case."

Courthouse News Service reports that "Mixed Bag in SCOTUS for Omnicare Shareholders."

Alison Frankel's "On the Case" from Thomson Reuters News & Insight reports that "Justices stick to middle of the road in Omnicare securities opinion."

And at Forbes.com, Daniel Fisher has a post titled "Supreme Court Protects 'Opinions' From Suit -- Unless They're Contradicted By The Facts."
Posted at 08:34 AM by Howard Bashman




"U.S. Appeals Court Backs Accreditor's Decision Against a Massage School": The Chronicle of Higher Education has this blog post about a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
Posted at 08:10 AM by Howard Bashman




Tuesday, March 24, 2015

"High court denies Houston couple's request to dismiss federal charges in 'animal crush video' case": The Houston Chronicle has this report.
Posted at 10:33 PM by Howard Bashman




"Utah's adoption of firing squads bucks global trend": The Associated Press has this report, along with an article headlined "Lawmakers mull nitrogen gas for executions in Oklahoma."
Posted at 10:26 PM by Howard Bashman




"On Judicial Candor, Judge Posner, and the Supreme Court": Eric Segall had this blog post yesterday at "Dorf on Law."
Posted at 10:15 PM by Howard Bashman




"Major trials prompt calls for cameras in federal courtrooms": The Associated Press has this report.
Posted at 10:12 PM by Howard Bashman




"Cruz to sign up for government health care": The Des Moines Register has an article that begins, "Ted Cruz, one of the loudest critics of Obamacare, will soon be using it for health insurance coverage."
Posted at 10:07 PM by Howard Bashman




"Supreme Court: TTAB Decisions Create Issue Preclusion for Later Litigation." Dennis Crouch has this post today at "Patently-O."
Posted at 09:30 PM by Howard Bashman




"U.S. Supreme Court to consider Baton Rouge case to re-evaluate life sentences for murders by juveniles": The Advocate of Baton Rouge, Louisiana has this report.
Posted at 09:26 PM by Howard Bashman




"The Five Worst Supreme Court Justices In American History, Ranked": Ian Millhiser has this essay online today at ThinkProgress.
Posted at 09:20 PM by Howard Bashman




"What Should Clean Air Cost? The Supreme Court's surprising decision to hear a challenge by big coal." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:06 PM by Howard Bashman




"Appeals court sets arguments in Obama immigration suit": Josh Gerstein of Politico.com has a blog post that begins, "A federal appeals court announced Tuesday that it will hold an unusual oral argument session next month on the question of whether to stay a judge's order blocking President Barack Obama from carrying out new immigration executive actions he put forward last year."

And The Associated Press reports that "Appeals court sets April hearing on Obama immigration action."
Posted at 08:57 PM by Howard Bashman




"Chicago-based lawyer reflects on historic U.S. Supreme Court free speech win": David L. Hudson Jr. has this post online at the Newseum Institute.
Posted at 04:55 PM by Howard Bashman




"DOJ environment chief unbowed as Obama's agenda faces heavy fire": Jeremy P. Jacobs of Greenwire has this report.
Posted at 04:52 PM by Howard Bashman




"A Company's Opinion Isn't Always a Lie": Law professor Noah Feldman has this essay online at Bloomberg View.

Feldman also has an essay titled "Can the Court Rescue Drowning Homeowners?"
Posted at 02:05 PM by Howard Bashman




"Edmonton bail hearing starts Tuesday in case of convicted terrorist Omar Khadr": The Edmonton Journal has this report.

Sean Fine of The Toronto Globe and Mail reports that "Convicted terrorist Omar Khadr to make case for release on bail."

The Toronto Star reports that "Omar Khadr seeks bail while his case is appealed in U.S.; The former Guantanamo detainee will appear in an Edmonton courtroom Tuesday, seeking to be freed after nearly 13 years in custody."

CBC News reports that "Omar Khadr seeks bail while appealing U.S. war crime conviction; Lawyer Dennis Edney to ask Edmonton court today that his client be allowed out on bail to study."

And The Canadian Press reports that "Omar Khadr has right to bail like any other prisoner, lawyer argues."
Posted at 01:58 PM by Howard Bashman




"The Howard Shipley case: A lesson for others." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 01:44 PM by Howard Bashman




"The Case for the Firing Squad: As Utah brings back execution by bullet, and other states weigh a change, some argue that the firing squad is the most humane method." Matt Stroud of Bloomberg News has this report.
Posted at 01:42 PM by Howard Bashman




"U.S. court asked to weigh fate of captive killer whale in Florida": Reuters has this report.

And David Ovalle of The Miami Herald reports that "Activists fighting to free Lolita tell court that feds 'rubber stamp' Seaquarium license."
Posted at 01:36 PM by Howard Bashman




"Obama mercury air pollution rule faces test at U.S. top court": Lawrence Hurley of Reuters has this report.
Posted at 01:33 PM by Howard Bashman




"High court limits securities suits over deceptive comments": Sam Hananel of The Associated Press has this report.

And Lawrence Hurley of Reuters has a report headlined "Moment of truth: Omnicare wins U.S. case over 'untrue' statements."
Posted at 01:15 PM by Howard Bashman




"Power Companies Seek to End Losing Streak on EPA at Top U.S. Court": Greg Stohr and Mark Drajem of Bloomberg News have this report.
Posted at 01:14 PM by Howard Bashman




"Appeals court to hear case of Lolita, Miami Seaquarium's killer whale": David Ovalle of The Miami Herald has an article that begins, "A federal appeals court will entertain arguments Tuesday in a lawsuit challenging the captivity of Lolita, the killer whale who has performed at the Miami Seaquarium for decades."
Posted at 10:52 AM by Howard Bashman




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

1. Justice Elena Kagan delivered the opinion of the Court in Omnicare, Inc. v. Laborers Dist. Council Constr. Industry Pension Fund, No. 13-435. Justice Antonin Scalia issued an opinion concurring in part and concurring in the judgment. And Justice Clarence Thomas issued an opinion concurring in the judgment. You can access the oral argument via this link.

2. And Justice Samuel A. Alito, Jr. delivered the opinion of the Court in B&B Hardware, Inc. v. Hargis Industries, Inc., No. 13-352. Justice Ruth Bader Ginsburg issued a concurring opinion. And Justice Thomas issued a dissenting opinion, in which Justice Scalia joined. You can access the oral argument via this link.
Posted at 10:04 AM by Howard Bashman




"Foley Partner Escapes Punishment in Supreme Court": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 08:44 AM by Howard Bashman




"Two Supreme Court Justices Say Criminal-Justice System Isn't Working; Justice Breyer says mandatory minimum sentences are 'a terrible idea'": Jess Bravin of The Wall Street Journal has this report.
Posted at 08:40 AM by Howard Bashman




"Supreme Court won't review Pa. preemption ruling for reference drug": Jessica Dye of Reuters has this report.
Posted at 08:35 AM by Howard Bashman




"This Gay Rights Group Wants The Supreme Court To Shut It Down": Amanda Terkel of The Huffington Post has an article that begins, "If everything goes as he hopes, Evan Wolfson will soon be out of a job."
Posted at 08:32 AM by Howard Bashman




"Herbert's signature finalizes return of Utah's firing squad": The Deseret News has this report.

The Salt Lake Tribune reports that "Utah governor signs 55 bills into law, brings back firing squad."

And The Associated Press reports that "Utah to use firing squads if lethal drugs are unavailable."
Posted at 08:30 AM by Howard Bashman




"States ask court to keep block on Obama immigration orders": Josh Gerstein of Politico.com has a blog post that begins, "Governors and attorneys general representing 26 states Monday formally urged a federal appeals court not to stay a judge's injunction barring President Barack Obama from going forward with a series of immigration policy changes aimed at giving quasi-legal status and work permits to millions more illegal immigrants."
Posted at 08:14 AM by Howard Bashman




Monday, March 23, 2015

"Justices' Foley Warning Shows Attys Must Rein In Clients": Ryan Davis of Law360.com has an article (subscription required for full access) that begins, "While a Foley & Lardner LLP partner who filed a jargon-filled petition mostly written by a client escaped U.S. Supreme Court sanctions Monday, the justices nonetheless put attorneys on notice that they have a responsibility not to simply rubber-stamp convoluted filings if a client insists, experts say."
Posted at 11:23 PM by Howard Bashman




"Wal-Mart wants U.S. Supreme Court to overturn Pa. wage case": Jane M. Von Bergen of The Philadelphia Inquirer has an article that begins, "Wal-Mart has asked the U.S. Supreme Court to overturn a December decision by the Pennsylvania Supreme Court to approve a $151 million class-action award to employees in the state for unpaid wages and damages."
Posted at 11:14 PM by Howard Bashman




"Justices Look for Reasoning Behind Texas Ban on Confederate License Plate": Adam Liptak will have this article in Tuesday's edition of The New York Times.

Robert Barnes of The Washington Post has an article headlined "Censorship vs. free speech on specialized license plates in Texas."

David G. Savage of The Los Angeles Times reports that "Justices reluctant to force Texas to issue Confederate license plates."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Grapples With Specialty License Plate Case; A lawyer argued Texas must issue plates showing Confederate battle flag." You can freely access the full text of the article via Google.

Greg Stohr of Bloomberg News reports that "Confederate-Flag Plate Case Offers Top Court No Easy Answer."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Justices Debate Place Of Offensive Language On License Plates."

Online at Slate, Mark Joseph Stern has a Supreme Court dispatch titled "Lost Cause: Do devotees of the Confederacy have a First Amendment right to put the rebel battle flag on their license plates?"

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Rebel Yells and License Plates."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Walker v. Texas Div., Sons of Confederate Veterans, Inc., No. 14-144.
Posted at 11:04 PM by Howard Bashman







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