Tuesday, May 31, 2016
Access today's ruling of the U.S. Supreme Court in an argued case: Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Army Corps of Engineers v. Hawkes Co., No. 15-290. Justice Anthony M. Kennedy issued a concurring opinion, in which Justices Clarence Thomas and Samuel A. Alito, Jr. joined. Justice Elena Kagan issued a concurring opinion. And Justice Ruth Bader Ginsburg issued an opinion concurring in part and concurring in the judgment. You can access the oral argument via this link.
Posted at 10:06 AM 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 Lynch v. Arizona, No. 15-8366, the Court issued a per curiam decision summarily reversing the judgment of the Supreme Court of Arizona. Justice Clarence Thomas issued a dissenting opinion, in which Justice Samuel A. Alito, Jr. joined.
And in Tucker v. Louisiana, No 15-946, Justice Stephen G. Breyer issued a dissent, in which Justice Ruth Bader Ginsburg joined, from the denial of certiorari.
In early news coverage, The Associated Press reports that "High court will hear State Farm appeal in Katrina fraud case" and "High court rejects La. inmate's death penalty challenge."
Monday, May 30, 2016
"Why It's Nearly Impossible for Prisoners to Sue Prisons": Rachel Poser has this post online today at The New Yorker.
Posted at 03:20 PM by Howard Bashman
"A Bird With a Broken Wing: The Supreme Court is doing its best to limp to the term's finish line; So why do the justices insist that everything is hunky-dory?" Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick with law professors Garrett Epps and Jonathan H. Adler.
Posted at 01:34 PM by Howard Bashman
"In Georgia, Racial Injustice Long Denied Confirmed": Kenneth Jost has this post at his "Jost on Justice" blog.
Posted at 01:26 PM by Howard Bashman
"Supreme Court nominee encourages high school grads to focus on others": Angie Leventis Lourgos of The Chicago Tribune has this report.
In today's edition of The Chicago Sun-Times, Lynn Sweet has an article headlined "Garland at Niles West: Can't anticipate life's 'twists and turns.'"
Adeshina Emmanuel of The New York Times reports that "Supreme Court Nominee Merrick Garland Advises Graduates on Facing 'Twists and Turns.'"
At WSJ.com's "Washington Wire" blog, Jess Bravin has a post titled "Merrick Garland Finally Gets a Hearing -- At His Old High School; Supreme Court nominee tells graduates to spend some time in public service."
Samantha Reyes and Olivia Beavers of CNN.com report that "Garland returns to alma mater for commencement."
"Rulings and Remarks Tell Divided Story of an 8-Member Supreme Court": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 12:54 PM by Howard Bashman
Sunday, May 29, 2016
"Supreme Court asked to rule on Trump casino bankruptcy": David G. Savage of The Los Angeles Times has this report.
Posted at 02:16 PM by Howard Bashman
"Colloton '85 shortlisted as Trump's potential Supreme Court Justice": Abhiram Karuppur of The Daily Princetonian has this report.
Posted at 10:52 AM by Howard Bashman
"Supreme Court nominee Merrick Garland addresses high school alma mater": Angie Leventis Lourdos of The Chicago Tribune has an article that begins, "Supreme Court nominee Merrick Garland is returning to his alma mater Niles West High School to speak at its commencement ceremony this afternoon, marking his second noteworthy graduation speech at the Skokie high school."
And the Illinois Patch reports that "Supreme Court Nominee Merrick Garland Gives Niles West Commencement Speech; The Niles West High School graduation ceremony begins at noon Sunday."
"Gay marriage victory at Supreme Court triggering backlash": Richard Wolf of USA Today has this report.
Posted at 10:32 AM by Howard Bashman
"Order on the court": In today's edition of The Philadelphia Inquirer, Jeffrey Rosen has an essay that begins, "A hundred years ago, on June 1, 1916, Louis Brandeis was confirmed as an associate justice of the Supreme Court."
Posted at 10:08 AM by Howard Bashman
Saturday, May 28, 2016
"Markel's ex-wife lauds investigators, arrest": Karl Etters has this front page article in today's edition of The Tallahassee Democrat.
In other coverage from that newspaper, Sean Rossman reports that "PrawfsBlawg continues after Markel's death."
Safid Deen has articles headlined "Witness: Police swarmed Garcia during arrest in Markel case" and "Garcia neighbors in disbelief over murder charge."
"'Parking While Black' Is Not Probable Cause for an Arrest": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 10:02 AM by Howard Bashman
"Court: Juvenile killers can't get life without parole." Grant Rodgers has this front page article in today's edition of The Des Moines Register.
In today's edition of The New York Times, Dave Philipps has an article headlined "Iowa Court Rejects Life Without Parole for Juveniles."
Mark Berman of The Washington Post reports that "Iowa Supreme Court says juveniles can't be sentenced to life in prison without parole for murder."
And The Associated Press reports that "Iowa Supreme Court bans life without parole for teen killers."
"To Save Our Justice System, End Racial Bias in Jury Selection": Senior Second Circuit Judge Jon O. Newman has this op-ed in today's edition of The New York Times.
And online at Slate, law professor Bennett L. Gershman has a jurisprudence essay titled "How Prosecutors Get Rid of Black Jurors: The ugly practice that was exposed by the Supreme Court in the 1980s is still pervasive."
Friday, May 27, 2016
"Kansas school funding unconstitutional, Kansas Supreme Court rules; Justices retain June 30 deadline for creating fairer finance system for poorer schools": Celia Llopis-Jepsen of The Topeka Capital-Journal has this report. And Jonathan Shorman of The Topeka Capital-Journal reports that "GOP furious with school finance court ruling; legislative action unlikely next week; House speaker and Senate president's offices indicate action on sine die not likely."
Dion Lefler, Suzanne Perez Tobias, and Daniel Salazar of The Wichita Eagle report that "Supreme Court says Kansas school funding still unconstitutionally inequitable; school closure still looms."
Peter Hancock of The Lawrence Journal-World reports that "Kansas Supreme Court rejects lawmakers' school finance changes, threatens in new ruling to close schools."
And The Associated Press has a report headlined "Top Kansas court: State not properly funding poor schools."
"Roy Moore: Liberty Counsel files lawsuit over Alabama chief justice suspension." Erin Edgemon of AL.com has this report.
And The Associated Press reports that "Suspended Alabama chief justice sues state judicial panel."
"The rise and (apparent) decline of sealed petitions at the Supreme Court": Alison Frankel's "On the Case" from Thomson Reuters News & Insight today has a post that begins, "An item at Howard Bashman's How Appealing blog caught my eye Thursday."
Posted at 05:33 PM by Howard Bashman
"Appeals court halts U.S. judge's order banning aspect of D.C. gun enforcement": Spencer S. Hsu of The Washington Post has this report.
I have posted at this link today's per curiam order of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit granting a temporary administrative stay pending further order of that court.
"Bathroom lawsuit could send transgender rights to U.S. Supreme Court": Daniel Wiessner and Daniel Trotta of Reuters have this report.
Posted at 02:51 PM by Howard Bashman
"Chief Judge 2016 State of the Circuit Report": The U.S. Court of Appeals for the Second Circuit has posted this report online.
Posted at 02:48 PM by Howard Bashman
"Search of old computer files allowed by U.S. appeals court": Jonathan Stempel of Reuters has this report.
Courthouse News Service reports that "En Banc Second Circuit Endorses Long-Term Data Retention by Feds."
And at WSJ.com's "Law Blog," Joe Palazzolo has a post titled "Hard Drives Seized Years Ago Can Be Searched, Court Says."
"The Obama Administration Is Using Racist Court Rulings to Deny Citizenship to 55,000 People; Five American Samoans want the Supreme Court to grant them birthright citizenship": Pema Levy has this article online today at Mother Jones.
Posted at 02:34 PM by Howard Bashman
"Trump is a pragmatist, too. That's the problem." Christopher J. Scalia has this essay online at The Washington Post.
Posted at 02:33 PM by Howard Bashman
"State Supreme Court Upholds Abolishment Of Death Penalty, Including For Death-Row Inmates": Alaine Griffin and Matthew Kauffman have this front page article in today's edition of The Hartford Courant.
And The Associated Press reports that "Connecticut Supreme Court upholds death penalty abolishment."
Yesterday's ruling of the Supreme Court of Connecticut consists of a per curiam opinion of the court, three concurring opinions (here, here, and here) and two dissenting opinions (here and here).
"Baylor Demotes President Kenneth Starr Over Handling of Sex Assault Cases": Marc Tracy has this front page article in today's edition of The New York Times.
And in today's edition of The Waco (Tex.) Tribune-Herald, Phillip Ericksen has a front page article headlined "Baylor looks to move beyond 'fundamental failure,' removes president and coach amid controversy."
"Former SPLC director picked for Roy Moore prosecution; Attorney General's Office 'not involved in the case'": Andrew J. Yawn has this front page article in today's edition of The Montgomery (Ala.) Advertiser.
Kent Faulk of The Birmingham News reports that "Former SPLC legal director hired to prosecute Roy Moore."
And The Associated Press reports that "Ex-US magistrate hired to prosecute Alabama chief justice."
"Alabama Supreme Court now recognizes lesbian adoption after SCOTUS opinion": Kent Faulk of The Birmingham News has this report.
Posted at 12:50 PM by Howard Bashman
"Eight 'is not a good number' for the Supreme Court, Ginsburg says": Robert Barnes of The Washington Post has this report.
And The Associated Press has a report headlined "Ginsburg: Having only 8 justices hamstrings Supreme Court."
You can access at this link the prepared text of the remarks that Justice Ruth Bader Ginsburg delivered yesterday at the Judicial Conference of the U.S. Court of Appeals for the Second Circuit.
"Friends, colleagues find hope in arrest, eager for details": Sean Rossman has this front page article in today's edition of The Tallahassee Democrat.
Thursday, May 26, 2016
"Shareholder firm wants to organize pension funds to battle biz amici": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 11:52 PM by Howard Bashman
"'Not finished yet': More arrests likely in Markel case." Karl Etters of The Tallahassee Democrat has this report, along with an article headlined "Details in Markel case sparse at TPD press conference."
Jeff Burlew of The Tallahassee Democrat reports that "Suspect in Dan Markel case has long rap sheet."
And Tonya Alanez of The South Florida Sun Sentinel reports that "Man arrested in Hallandale Beach linked to 2014 killing of FSU professor, investigators say."
"GOP Senator Says He Was Unmoved By Meeting With Merrick Garland Before Meeting Actually Happens; A Utah newspaper published an op-ed by Sen. Orrin Hatch saying the meeting hadn't changed his mind about Garland; There was just one problem": Cristian Farias and Sam Stein of The Huffington Post have this report today.
And Lawrence Hurley of Reuters has a report headlined "Oops! Senator's article tells of phantom meeting with Obama nominee."
"Another Blow to Holding Banks Accountable for the Financial Crisis": Jesse Eisinger has this post online today at The New Yorker.
Posted at 11:05 PM by Howard Bashman
"The Next Supreme Court Confirmation Battle": The National Constitution Center in Philadelphia hosted this event earlier tonight featuring several distinguished participants, and you can access the video on YouTube at this link.
Posted at 11:02 PM by Howard Bashman
Numerical proof that "How Appealing" is a centrist law blog: Thanks to my participation this week as a speaker/panelist at the Judicial Conference of the U.S. Court of Appeals for the Sixth Circuit, I have now taken part as a speaker or panelist at the judicial conferences of the Fourth, Fifth, Sixth, Seventh, and Eighth Circuits. You can't stay closer to the center of the 11 numbered circuits than that.
In addition, some years ago I spoke on a panel at a D.C. Circuit judicial conference, but since that is not a numbered circuit it doesn't count. That conference was notable in retrospect, however, because at one point I did share an elevator with D.C. Circuit Judge, and current U.S. Supreme Court nominee, Merrick B. Garland.
"In the final stretch, how will a divided Supreme Court rule on these big cases?" David G. Savage of The Los Angeles Times has this report.
Posted at 10:20 PM by Howard Bashman
Programming note: This afternoon I will be returning home to the Philadelphia region from Louisville, Kentucky, where I have been attending the Judicial Conference of the U.S. Court of Appeals for the Sixth Circuit as a speaker/panelist. I had a very enjoyable time at the conference and visiting Louisville for the very first time. Additional posts will appear here this evening.
As always while I am traveling, in the interim additional appellate- and law-related items may appear on this blog's Twitter feed. This blog now has over 5,800 followers on Twitter, but there's always room for more.
"State Supreme Court to hear oral arguments in suit over birth certificates": John Lyon of the Arkansas News Bureau has an article that begins, "The Arkansas Supreme Court said Wednesday it will hear oral arguments in a lawsuit over whether same-sex couples are entitled to obtain amended birth certificates for their children listing both spouses as parents."
Posted at 10:40 AM by Howard Bashman
"U.S. Supreme Court allows secret debate in John Doe filing": Jason Stein of The Milwaukee Journal Sentinel has an article that begins, "The U.S. Supreme Court for now is allowing arguments partly in secret in a case over whether the high court should hear a dispute over the shutdown of an investigation into Gov. Scott Walker's campaign and conservative groups backing him."
Posted at 10:38 AM by Howard Bashman
"Challengers say NC Supreme Court infected by politics": Anne Blythe has this front page article in today's edition of The News & Observer of Raleigh, North Carolina.
Posted at 10:33 AM by Howard Bashman
"Constitution Check: Will the right of the poor to a defense lawyer be expanded?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:24 AM by Howard Bashman
"Trump's SCOTUS List and the Garland Nomination": Michael Dorf has this post at his "Dorf on Law" blog.
And online at The Washington Times, Newt Gingrich has an essay titled "Populism, diversity in Trump's Supreme Court list; Diverse law school, state judicial backgrounds."
"Trump short-lister backs cereal maker in contamination case": Robin Bravender of Greenwire has this report.
Posted at 10:18 AM by Howard Bashman
"Ohio Christian School's Land Use Claims Reinstated": Jeffrey D. Koelemay of Bloomberg BNA has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued last week.
Posted at 10:12 AM by Howard Bashman