Friday, April 29, 2016
"U.S. high court approves rule change to expand FBI hacking power": Reuters has this report.
And Bloomberg News reports that "FBI Computer Searches Expanded Under New U.S. Supreme Court Rule."
"White House allies make new push for Garland; Groups to blitz nine states with ads, events to pressure GOP to allow a vote on Supreme Court nominee": Edward-Isaac Dovere of Politico.com has this report today.
Posted at 01:26 PM by Howard Bashman
"Baldwin, Johnson bitterly joust over appeals court vacancy": In today's edition of The Milwaukee Journal Sentinel, Craig Gilbert has a front page article that begins, "Wisconsin's two U.S. senators are blaming each other in unusually harsh terms over the failure to fill the nation's oldest vacancy in the federal appeals courts, a marathon six-year impasse that now seems likely to drag on."
Posted at 11:38 AM by Howard Bashman
"WI John Doe Cert. Petition Raises Substantial Questions, But #SCOTUS May Not Bite": Rick Hasen has this post today at his "Election Law Blog."
And in related news coverage, Patrick Marley of The Milwaukee Journal Sentinel reports that "Prosecutors ask U.S. Supreme Court to overturn Doe decision."
And in today's edition of The Wisconsin State Journal, Matthew DeFour has a front page article headlined "Prosecutors appeal John Doe decision to U.S. Supreme Court."
"Justice Breyer Stresses Globality": The Hoya, the student newspaper of Georgetown University, has an article that begins, "Supreme Court Associate Justice Stephen Breyer argued that the court should take a more global perspective in legal deliberations and defended the responsibility of the court to uphold the rule of law in a conversation hosted by the department of government as part of the Marver H. Bernstein Symposium in Gaston Hall on Thursday."
Posted at 11:30 AM by Howard Bashman
"Obama's Iran-Contra: The president is spending money that Congress has explicitly told him he can't spend." Marc Zilversmit has this jurisprudence essay online at Slate.
Posted at 11:22 AM by Howard Bashman
"A Supreme Court Challenge for Democrats: Ending ugly confirmation battles would be good for the high court; But a truce cannot be one-sided." In today's edition of The Wall Street Journal, Theodore B. Olson has an op-ed that begins, "The relentless partisan warfare over Supreme Court appointments, including the latest manifestation involving Judge Merrick Garland, is disheartening, damaging to the court and corrosive to civil discourse."
"Breathalyzers, Textalyzers and the Constitution": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:08 AM by Howard Bashman
"What's in a Name Change? Politics, Some at George Mason University Fear." Nicholas Fandos has this front page article in today's edition of The New York Times.
Posted at 11:03 AM by Howard Bashman
Thursday, April 28, 2016
"Chuck Grassley Admits It's 'A Gamble' To Let Trump Fill SCOTUS Vacancy": Jennifer Bendery of The Huffington Post has this report.
Posted at 07:50 PM by Howard Bashman
"'Scalia Law School' Sparks Faculty Feud at George Mason; School nixed plans to name scholarship for liberal Justice Ginsburg": Jacob Gershman and Jess Bravin have this post today at WSJ.com's "Law Blog."
Posted at 07:44 PM by Howard Bashman
"Obama's Push for Court Pick Fizzles as Republicans Stand Firm": Mike Dorning and Tim Higgins of Bloomberg News have a report that begins, "A media blitz by the White House and its allies has failed to crack Republican opposition to President Barack Obama's Supreme Court nominee, and it is all but certain the seat will remain vacant until after U.S. elections in November."
Posted at 03:55 PM by Howard Bashman
"Justices Lean Toward Bob McDonnell, Ex-Virginia Governor, in Corruption Case": Adam Liptak has this article in today's edition of The New York Times.
Robert Barnes of The Washington Post reports that "Supreme Court justices seem skeptical of McDonnell's conviction."
David G. Savage of The Los Angeles Times reports that "Supreme Court may make prosecuting bribery cases against public officials tougher."
Jess Bravin of The Wall Street Journal reports that "Supreme Court Looks Likely to Throw Out Former Virginia Gov. Bob McDonnell's Conviction; McDonnell was convicted in 2014 on 11 corruption counts after he and his wife accepted gifts."
Richard Wolf of USA Today reports that "High court appears likely to ease public corruption rules in McDonnell case."
Frank Green and Jim Nolan of The Richmond Times-Dispatch report that "Skeptical Supreme Court looks for legal standard in McDonnell case." In addition, Nolan has an article headlined "McDonnell relies on faith, family, friends as he gets his day at Supreme Court."
Patrick Wilson of The Virginian-Pilot reports that "Supreme Court justices set skeptical tone during Bob McDonnell hearing."
Lawrence Hurley of Reuters reports that "U.S. top court poised to overturn Virginia ex-governor's bribery conviction."
Greg Stohr of Bloomberg News reports that "Supreme Court May Raise Bar for Corruption Prosecutions."
Sam Hananel of The Associated Press reports that "High court seems poised to overturn McDonnell conviction."
Ariane de Vogue of CNN.com reports that "Supreme Court sympathetic to former Virginia Gov. Bob McDonnell."
Josh Gerstein of Politico.com reports that "Supreme Court justices appear to be leaning in McDonnell's favor."
Todd Ruger of Roll Call reports that "McDonnell's Supreme Court Appeal Could Change Politics; Case hinges on what qualifies as an 'official action' under bribery and fraud laws."
Cristian Farias of The Huffington Post reports that "Convicted Gov. Bob McDonnell May Just Convince The Supreme Court He's Innocent; The former Virginia governor's appeal could redefine the rules of government corruption."
Chris Geidner of BuzzFeed News reports that "Supreme Court Skeptical Of Former Virginia Governor's Prosecution; Justice Stephen Breyer says the challenge to former Virginia Gov. Bob McDonnell corruption conviction has broad implications for the power of federal prosecutors; The case presents 'as fundamental a real separation of powers problem as I've seen,' the justice says."
On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court May Be Leaning Toward Voiding Ex-Va. Governor's Corruption Conviction."
Lyle Denniston of "SCOTUSblog" has a post titled "Argument analysis: Anti-corruption law in trouble?"
Online at Slate, Dahlia Lithwick has a Supreme Court dispatch titled "The 'Everybody Does It' Defense: The Supreme Court might let Bob McDonnell off the hook because it can't even define political corruption anymore."
And at the "Democracy in America" blog of The Economist, Steven Mazie has a post titled "The Supreme Court seems inclined to loosen bribery rules for politicians."
"When Smart Supreme Court Justices Play Dumb": Linda Greenhouse has this essay online today at The New York Times.
Posted at 12:50 PM by Howard Bashman
"'Star Trek' Lawsuit: The Debate Over Klingon Language Heats Up." Eriq Gardner has this post today at the "THR, Esq." blog of The Hollywood Reporter.
Posted at 12:42 PM by Howard Bashman
"Roy Moore says complaint on gay marriage order politically motivated": Howard Koplowitz of AL.com has this report.
And Josh Moon of The Montgomery Advertiser has an article headlined "Moore: Judicial complaints are politically motivated."
"Drug charges against Chief Justice Roy Moore's son dropped": Kent Faulk of The Birmingham News has this report.
Posted at 11:08 AM by Howard Bashman
"Free Speech for Bad People": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:06 AM by Howard Bashman
"Constitution Check: Can the Supreme Court compromise on corruption?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:03 AM by Howard Bashman
"Supreme Court Strikes Blow for Free Speech -- and Against Arbitrary Government": Evan Bernick has this blog entry online today at The Huffington Post.
Posted at 11:02 AM by Howard Bashman
"D.C. Circuit's Kavanaugh Not Afraid to Say No to Obama": Patrick Gregory of Bloomberg BNA has this report.
Posted at 11:00 AM by Howard Bashman
Wednesday, April 27, 2016
"With Court Ruling, Sodomy Law Doesn't Apply When Victim Is Unconscious": Clifton Adcock of Oklahoma Watch has this report.
Molly Redden of The Guardian (UK) has an article headlined "Oklahoma court: oral sex is not rape if victim is unconscious from drinking; The ruling sparked outrage among critics who argue the judicial system engaged in victim-blaming and upholding outdated notions about rape and sexual assault."
"Professors Rail Against Renaming Law School After Antonin Scalia, Taking Koch Money; The faculty senate at George Mason University just voted 21-13 to reopen the naming process of the law school": Dan Vergano of BuzzFeed News has this report.
Posted at 08:40 PM by Howard Bashman
"Highest military court hears Marine's religious freedom case": Dianna Cahn of Stars and Stripes has this report.
Bill Mears of FoxNews.com has an article headlined "Court-martialed for expressing faith? Court hears ex-Marine's religious freedom case."
Zoe Tillman of The National Law Journal reports that "Paul Clement, On Unfamiliar Ground, Makes Religious Freedom Case in Military Court; Dispute over U.S. Marine's posting of Bible-inspired text in her work space tests religious freedom law in the military."
And earlier, Michael Doyle of McClatchyDC previewed the case in a report headlined "Bible-citing Marine raises religious freedom questions in appeal."
"Digital publisher not liable for freelancers' infringement -- 10th Circuit": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
"Dangerous New Uses for Government Eavesdropping": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 03:18 PM by Howard Bashman
"Justices Rule First Amendment Protects Officer Demoted in Misunderstanding": Adam Liptak has this article in today's edition of The New York Times.
The Record of Hackensack, New Jersey reports that "Paterson faces possible $2M expense after Supreme Court ruling in cop's free speech case."
Cristian Farias of The Huffington Post reports that "Supreme Court Rules Political Speech Is Protected Even If You Didn't Actually Speak; What matters is the motive of those who sought to punish you."
On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Sides With Police Officer In Yard Sign Case."
"Sunstein's False Claim that Scalia Was a Living Constitutionalist": Law professor John O. McGinnis has this post at the "Library of Law and Liberty" blog.
Posted at 03:05 PM by Howard Bashman
Redesigned Seventh Circuit web site coming soon: An announcement displayed on the home page of the web site of the U.S. Court of Appeals for the Seventh Circuit states, "The United States Court of Appeals for the Seventh Circuit is in the process of reconstructing its website. The new site will debut at the end of this week. Any bookmarks to items on our current website will most likely need to be recreated."
Now one could quibble with the use of the term "reconstructing," whose primary meaning suggests that the court's current web site has been damaged or destroyed. My main hope, however, is that the opinion selection options for "last week" and "last month" are replaced with the more accurate descriptions of "past week" and "past month."
"What Happens When There Aren't Enough Judges to Go Around: 84 federal vacancies, and a glacial confirmation rate, put extra stress on some districts." Eli Hager of The Marshall Project has this news analysis.
Posted at 08:30 AM by Howard Bashman
Proposal to increase Pennsylvania's judicial retirement age from 70 to 75 has been defeated in non-binding voter referendum: According to statistics available from the web site of Pennsylvania's Secretary of State, with 98.78 percent of all voter districts reporting statewide, voters yesterday rejected the amendment to Pennsylvania's Constitution that would have increased the mandatory judicial retirement age from 70 to 75 by a vote of 1,211,231 (50.98%) against to 1,164,818 for (49.02%).
A total of 2,376,049 voters voted on the amendment. By contrast, a total of 2,401,893 voters voted on the other constitutional amendment on yesterday's Pennsylvania statewide ballot, to abolish Philadelphia's Traffic Court.
However, yesterday's vote to reject an increase in Pennsylvania's judicial retirement age doesn't count for reasons explained in this post of mine from earlier this month. At my polling place, I did not see any signs informing voters that the ballot question had been withdrawn from the primary ballot, and as noted above the judicial retirement age amendment received only a total of 25,844 fewer votes than the Philadelphia Traffic Court amendment that actually counted. Even if all of those withheld votes had gone to approve the retirement age increase, the proposal still would have lost under the current vote totals.
For reasons stated in my "Upon Further Review" column published this month in The Legal Intelligencer titled "Delay of Vote on Judicial Retirement Age Could Make One Cynical." I applaud Pennsylvania voters for "rejecting" the proposed five-year extension of Pennsylvania's judicial retirement age. Now Pennsylvania voters merely need to do the same thing once more -- with emphasis -- this November in order for it to count. Unfortunately, as noted in my column this month, the wording of the judicial retirement age ballot provision that will appear in November will be far less informative concerning its effect than the one that appeared on the ballot yesterday.
Tuesday, April 26, 2016
"Warrantless Surveillance in Terror Case Raises Constitutional Challenge": Charlie Savage will have this article in Wednesday's edition of The New York Times.
Posted at 10:40 PM by Howard Bashman
"Constitution Check: Do labor unions have a new answer to right-to-work laws?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:07 PM by Howard Bashman
"Bob McDonnell's strange bedfellows; As the ex-Virginia governor challenges his corruption conviction in the Supreme Court, scores of top Democrats and Republicans are rooting him on": Josh Gerstein of Politico.com has this report.
Posted at 07:30 PM by Howard Bashman
"Opponents of North Carolina's Voter ID Law Appeal Ruling": Alan Blinder of The New York Times has an article that begins, "The protracted battle over North Carolina's voting rules moved to a federal appeals court on Tuesday, one day after a judge upheld the Republican-backed overhaul and increased the likelihood that the changes would be in effect for this year's presidential election."
Posted at 05:50 PM by Howard Bashman
"Top Republican floats Cruz as Supreme Court pick": Jesse Byrnes of The Hill has this report.
Posted at 05:44 PM by Howard Bashman
"Justices weigh case of jury discharged, then called back": Mark Sherman of The Associated Press has this report.
Lawrence Hurley of Reuters reports that "U.S. justices mull propriety of recalling discharged jury to duty."
"Supreme Court to Weigh Former Virginia Gov. Bob McDonnell's Corruption Case; McDonnell will have simple argument when he asks justices Wednesday to throw out conviction: Everybody does it." Jess Bravin of The Wall Street Journal has this report.
Posted at 05:18 PM by Howard Bashman
"Redskins throw serious shade at The Slants' counsel in new cert petition": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 05:16 PM by Howard Bashman
"How to Say 'Privacy' in U.S. and UK English": Online at Bloomberg View, law professor Noah Feldman has an essay that begins, "Americans think they have a God-given right -- or least a constitutional one -- to the details of celebrity sex lives."
Posted at 05:12 PM by Howard Bashman
"GOP Senate Candidate Says Obama's Supreme Court Pick Deserves A Vote; It's the Senate's job to act on nominees, says David Jolly": Jennifer Bendery of The Huffington Post has this report.
Posted at 05:09 PM by Howard Bashman
"Defining Corruption Downward: Former Virginia Governor Bob McDonnell asks the U.S. Supreme Court to rule that the gifts he took, and the favors he performed, were just politics as usual." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 01:42 PM by Howard Bashman
"Virginia ex-governor plans to argue to the Supreme Court that buying political access is a constitutional right": David G. Savage of The Los Angeles Times has this report.
And Sam Hananel of The Associated Press reports that "McDonnell case at high court will test reach of bribery laws."
"Supreme Court decides for N.J. police officer in free-speech case": Robert Barnes of The Washington Post has this report.
David G. Savage of The Los Angeles Times reports that "Supreme Court strengthens free-speech rights of public employees."
Richard Wolf of USA Today reports that "Justices protect free speech, even if unspoken."
Paterson Press reports that "U.S. Supreme Court sides with ex-Paterson police officer in free speech case."
The Associated Press reports that "High court sides with police officer in free speech case."
And Chris Geidner of BuzzFeed News reports that "Supreme Court Sides With Demoted Worker In First Amendment Challenge; A 6-2 win for public employees."
In Bashman news from Australia: The Courier of Ballarat, Australia reports today that "Six men with baseball bats bash man, steal his Mercedes, then use it in burglary."
Posted at 10:50 AM by Howard Bashman
"Copyright Case Victor Returns to Supreme Court for Legal Fees": Adam Liptak has this article in today's edition of The New York Times.
Thus the lack of any dialogue balloon containing zzz's: Ed Mazza of The Huffington Post has an article headlined "What The Heck Is Clarence Thomas Doing In This Courtroom Sketch? He's not sleeping."
Posted at 10:38 AM by Howard Bashman
"Why the effort to keep Merrick Garland off the Supreme Court has been remarkably successful": Mike DeBonis of The Washington Post has a report that begins, "Since Justice Antonin Scalia died suddenly in February, the Judicial Crisis Network has been on the front lines of the conservative fight to keep President Obama from filling the unexpected vacancy on the Supreme Court."
Posted at 10:32 AM by Howard Bashman
"Because Norris sufficiently alleged that Judge Camp was actually biased against him, we reverse and remand for an evidentiary hearing." Circuit Judge William H. Pryor, Jr. yesterday issued this ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit in a case in which former U.S. District Judge Jack Camp (N.D. Ga.) presided over the defendant's criminal trial.
As noted in this earlier "How Appealing" post, Camp resigned from the federal bench on the same day he pleaded guilty to federal criminal charges in November 2010.
Tenth Circuit affirms summary judgment in favor of Examiner.com under DMCA in dispute over rights to celebrity photographs: You can access yesterday's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Access online today's ruling of the U.S. Supreme Court in an argued case: The Court today issued a ruling in one argued case.
Justice Stephen G. Breyer delivered the opinion of the Court in Heffernan v. City of Paterson, No. 14-1280. Justice Clarence Thomas issued a dissenting opinion, in which Justice Samuel A. Alito, Jr. joined. You can access the oral argument via this link.
"As McDonnell awaits Supreme Court, another governor watches from prison": Robert Barnes of The Washington Post has this report.
And Lawrence Hurley of Reuters reports that "Virginia ex-governor takes corruption appeal to U.S. top court."
In the May 2016 issue of ABA Journal magazine: Mark Walsh has an article headlined "Senate hold on Merrick Garland nomination is unprecedented, almost."
And David L. Hudson Jr. has an article headlined "States seek to stop voters from posting ballot selfies."
"'Redskins' name defense reaches Court": Lyle Denniston has this post at "SCOTUSblog," along with a post titled "Another look at proof of bank fraud."
Posted at 07:25 AM by Howard Bashman
Monday, April 25, 2016
"Colorado Supreme Court won't hear Lakewood baker discrimination case; The high court's decision not to hear the case effectively upholds previous rulings that Masterpiece Cakeshop owner Jack Phillips cannot cite his religious beliefs or free-speech rights in refusing to make a wedding case for a same-sex couple": Jordan Steffen of The Denver Post has this report.
Bradford Richardson of The Washington Times reports that "Colorado Supreme Court declines to hear gay wedding cake case."
And The Associated Press has an report headlined "Colorado court: Ruling stands that baker can't cite religion."
"Cosby loses appeal bid, criminal case to resume": Jeremy Roebuck and Laura McCrystal of The Philadelphia Inquirer have this report.
And Reuters reports that "Cosby sex assault prosecution can move ahead -- Pennsylvania court."
"Infamous objectors' counsel targeted in sanctions motion in MLB class action": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 09:32 PM by Howard Bashman
"Some Thoughts About a Former Colleague": The prepared remarks that retired Justice John Paul Stevens delivered today at the Washington University School of Law in St. Louis can be accessed here.
Posted at 08:32 PM by Howard Bashman
U.S. District Judge David G. Campbell (D. Ariz.) to succeed Sixth Circuit Judge Jeffrey S. Sutton as chair of the Committee on Rules of Practice and Procedure of the U.S. Courts: Effective October 1, 2016, as reported in a news release that the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 08:09 PM by Howard Bashman
"Court: Law doesn't bar suits against cigarette manufacturers." The Associated Press has a report that begins, "Connecticut's highest court has ruled that lawsuits against cigarette manufacturers aren't prohibited by an exemption in liability law, bolstering the case of a smoker who got cancer and won a $28 million judgment against a tobacco company."
Today's ruling of the Supreme Court of Connecticut consists of the opinion of the court and a concurring opinion. The matter was before the court on certified question from the U.S. Court of Appeals for the Second Circuit.
"Offensive Names to Get Day in Court (You, Too, Redskins)": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:09 PM by Howard Bashman
"Tom Brady's 4-game suspension reinstated by court": Kim Atkins of The Boston Herald has this report.
Ken Belson of The New York Times reports that "Tom Brady's Deflategate Suspension Reinstated."
The Associated Press has a report headlined "Appeals court: QB Tom Brady must serve 'Deflategate' penalty."
Reuters reports that "Appeals court restores Brady's 'Deflategate' suspension."
And Bloomberg News reports that "Tom Brady's 'Deflategate' Suspension Reinstated by Appeals Court."
"Madness: In Florida prisons, mentally ill inmates have been tortured, driven to suicide, and killed by guards." Eyal Press has this article in the May 2, 2016 issue of The New Yorker.
Posted at 09:48 AM by Howard Bashman
"A Shy Teen's Stand for Transgender Rights": Kenneth Jost had this post yesterday at his blog, "Jost on Justice."
Posted at 09:46 AM by Howard Bashman
Access online today's Order List of the U.S. Supreme Court: At this link. The Court today granted review in two new cases.
And in Arrigoni Enters., LLC v. Town of Durham, No. 15-631, Justice Clarence Thomas issued a dissent, in which Justice Anthony M. Kennedy joined, from the denial of certioari.
Sunday, April 24, 2016
"Supreme Court Books: Authors talked about their books on the Supreme Court." C-SPAN's Book TV has posted the video of this recent event at this link.
Posted at 11:14 PM by Howard Bashman
"California jurors misusing the Internet could face fines": The Associated Press has this report.
Posted at 11:10 PM by Howard Bashman
"UK Supreme Court urged to uphold press ban on celebrity threesome story": Reuters has this report.
Posted at 11:09 PM by Howard Bashman
"Jurors unmoved by McDonnell's appeal arguments": The Associated Press has a report that begins, "As former Gov. Bob McDonnell's public corruption case goes before the U.S. Supreme Court, three of the jurors who convicted him say they remain certain they did the right thing."
Posted at 11:05 PM by Howard Bashman