Thursday, January 29, 2015
"Marriage Equality Without Equivocation: Unless the Supreme Court firmly declares that gay couples deserve equal protection, it risks encouraging state-level obstruction." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 11:00 PM by Howard Bashman
"Pa. Supreme Court faces 'cataclysmic' changes amid vacancies, retirements": Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania has this report, along with an article headlined "Roster of Supreme Court hopefuls 18 deep, but most won't make it to November."
Posted at 10:56 PM by Howard Bashman
"Imprisoned for 30 years, Angola inmate to be released after New Orleans DA cuts deal": The Times-Picayune of New Orleans has this report.
And Reuters reports that "Louisiana inmate with case before top U.S. court freed after 30 years."
"After the fact legislative history and the 'Cornhusker kickback'": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 10:32 PM by Howard Bashman
"Court of Appeals Mourns Passing of Senior Circuit Judge Arthur L. Alarcon": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 10:27 PM by Howard Bashman
"Judge in forex MDL supplies roadmap for Libor appeal at 2nd Circuit": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 10:24 PM by Howard Bashman
"Oklahoma official: Executions could resume with other drugs." The Associated Press has this report.
Posted at 10:18 PM by Howard Bashman
"Law Firm Founds Project to Fight 'Revenge Porn'": Matthew Goldstein of The New York Times has this report.
Posted at 10:09 PM by Howard Bashman
"US court in Virginia hears 2 Somali pirates' appeals": The Associated Press has this report.
"Big cases, but little room at court; Supreme Court touts openness, but with few seats for public, more transparency is needed": Tony Mauro has this essay online at USA Today.
Posted at 06:10 PM by Howard Bashman
"Utah Court Strips Criminal of Right to Counsel, and Some Lawyers Object": Jack Healy has this article in today's edition of The New York Times.
"Can The Health Care Industry Save Obamacare? Hospitals and insurance companies are coming to the law's defense before the Supreme Court." Sam Baker of National Journal has this report today.
Posted at 01:12 PM by Howard Bashman
"Case Western Reserve University can revoke medical degree because student lacked 'professionalism,' court rules": The Cleveland Plain Dealer has this report, along with an update headlined "Doctor who faces loss of medical degree for lack of 'professionalism' will fight ruling, attorney says."
"Constitution Check: Are state courts bound by federal court rulings on same-sex marriage?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:02 PM by Howard Bashman
"For Lawyers, a Rocky Walk Down the Gay Marriage Aisle; On the verge of an historic decision, feuds erupt over credit and money": Steve Friess of Bloomberg News has this report.
Posted at 08:30 AM by Howard Bashman
"Newly insured urge Supreme Court to reject challenge to subsidies": Maureen Groppe of The Indianapolis Star has this report.
Posted at 08:27 AM by Howard Bashman
"Derry waits on Supreme Court decision before considering panhandling ordinance": The Manchester (N.H.) Union Leader has this report.
Posted at 08:25 AM by Howard Bashman
"Union wants Ohio Supreme Court's Judith French off case, alleging bias": The Columbus Dispatch has this report.
Posted at 08:22 AM by Howard Bashman
"B.C. Supreme Court judge awards dominatrix $1.5 million": Straight.com, a publication of the Vancouver Free Press, has this report.
"Appeals court tosses Greenwich woman's libel claim": The Greenwich (Conn.) Time has this report.
Courthouse News Service reports that "Woman Can't Scrub Arrest From the Internet."
And Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a report titled "No 'right to be forgotten' even if record is expunged: 2nd Circuit."
"At Silk Road Trial, Lawyers Fight to Include Evidence They Call Vital: Emoji." Benjamin Weiser has this article in today's edition of The New York Times.
According to the article, "Emoticons figure in a case currently pending before the United States Supreme Court in which an Allentown, Pa., man was convicted of making threats on Facebook after his wife left him. He had claimed that his postings were fictitious, and used emoticons like a face with its tongue sticking out to indicate 'jest.'"
"Alabama Chief Justice Roy Moore says federal judge's ruling on gay marriage not binding": Mike Cason of The Birmingham News has an article that begins, "Alabama Supreme Court Chief Justice Roy Moore said today a federal judge's ruling that the state's ban on same-sex marriages is unconstitutional does not mean that probate judges have to issue marriage licenses to same-sex couples."
And in today's edition of The Montgomery Advertiser, Brian Lyman has front page articles headlined "Granade: Probate judges would have to issue same-sex marriage licenses" and "SPLC files ethics complaint against Roy Moore."
Wednesday, January 28, 2015
"Supreme Court vacancies stir debate over replacements": Peter Hall will have this article, in which I am quoted, in Thursday's edition of The Morning Call of Allentown, Pennsylvania.
Amy Worden of The Philadelphia Inquirer has a news update headlined "Wolf to name two Supreme Court justices."
"A Non-Nuclear Option for Supreme Court Nominations": Jonathan Bernstein has this essay online at Bloomberg View.
Posted at 10:40 PM by Howard Bashman
"Same-Sex Marriage Foes Dig In on the State Level": Richard Fausset and Alan Blinder will have this front page article in Thursday's edition of The New York Times.
Posted at 10:10 PM by Howard Bashman
"Justice Sotomayor holds court in student section as U. keynote speaker": The Deseret News has this report.
And The Associated Press reports that "Supreme Court Justice Sonia Sotomayor talks life lessons, mingles with Utah students at speech."
"America Hates Terrorists -- But we don't execute them: A short history." Eli Hager has this article online at The Marshall Project.
Posted at 10:04 PM by Howard Bashman
Tonight's DVD selection: "The Internet's Own Boy: The Story of Aaron Swartz."
And last week, The Chicago Tribune had an article headlined "Aaron Swartz documentary, 'The Internet's Own Boy,' comes home."
"If you think you don't belong, you're wrong. U.S. Supreme Court Justice Sonia Sotomayor on Wednesday geared the lesson at Latino students and others in a crowd of 6,000 at the University of Utah." So begins an article available online from The Salt Lake Tribune.
Posted at 05:14 PM by Howard Bashman
"Holt v. Hobbs: Does a Muslim Prisoner's Case Foreshadow the End of Affirmative Action?" Dawinder Sidhu has this post today at the "Religion & Politics" blog of the John C. Danforth Center on Religion & Politics of Washington University in St. Louis.
Posted at 05:10 PM by Howard Bashman
"Pennsylvania Bar Association Judicial Evaluation Commission Releases 2015 Judicial Ratings": You can view both the ratings and the appellate court candidates' completed questionnaires via this link.
Posted at 03:38 PM by Howard Bashman
"Supreme Court case on key Obamacare provision takes up this senator's account": Robert Barnes of The Washington Post has this report.
Posted at 03:11 PM by Howard Bashman
"Judge Can't Be Trusted With This Man's Life; In 2002, a prosecutor defended the death sentence for a murderer; Now he's a federal judge and refuses to recuse himself in the same case": Andrew Cohen has this essay online today at The Daily Beast about Tenth Circuit Judge Jerome A. Holmes.
Posted at 03:07 PM by Howard Bashman
"Supreme Court halts 3 upcoming executions in Oklahoma": The Associated Press has this report.
"Order striking down Alabama's same-sex marriage ban applies to all officials, judge says": AL.com has this report on an order clarifying judgment that the U.S. District Court for the Southern District of Alabama issued today.
And in related news, AL.com also reports that "Southern Poverty Law Center files judicial ethics complaint against Alabama Chief Justice Roy Moore."
"Appeals Court Rules News Orgs Don't Have to Remove Stories When Criminal Records Are Expunged; A woman sued media organizations for libel, but there's no 'right to be forgotten' in the United States": Eriq Gardner has this post at the "Hollywood, Esq." blog of The Hollywood Reporter.
And at "The Volokh Conspiracy," Eugene Volokh has a post titled "Statute allowing 'erasure' of arrest records doesn't require newspapers to erase news stories."
"Case Western Reserve University continues effort to revoke a doctor's degree in federal appeals court": Karen Farkas had this article in June 2014 in The Cleveland Plain Dealer.
The university has prevailed in a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today. Circuit Judge Jeffrey S. Sutton delivered the opinion on behalf of a unanimous three-judge panel.
Earlier in June 2014, The Plain Dealer published an article headlined "CWRU blocks graduation from med school over 'professionalism' issues; judge orders degree be awarded" reporting on the ruling of the U.S. District Court for the Northern District of Ohio granting a permanent injunction.
In other coverage of the district court's ruling, The Observer -- the student newspaper of Case Western Reserve University -- published an article headlined "Court rules against CWRU in medical student case."
And at the "Minding the Campus" blog, KC Johnson had a post titled "Can Colleges Punish Students for Off-Campus, Non-Criminal Behavior?"
"Alabama's Renegade Judge Defies Gay Marriage Order": Law professor Noah Feldman has this essay online at Bloomberg View.
"Wolf to fill Supreme Court vacancies, urges passage of non-discrimination bill": The "Commonwealth Confidential" blog of The Philadelphia Inquirer has this post today.
Posted at 11:05 AM by Howard Bashman
"Ballot Talks: The state of Pennsylvania's judiciary." You can access the audio of last Wednesday's broadcast of WHYY-FM's "Radio Times with Marty Moss-Coane" at this link.
Posted at 11:02 AM by Howard Bashman
"Jurors' names ruled public record, SJC says; Top state court says ID's must be included in criminal case files": This article appears in today's edition of The Boston Globe.
The Republican of Springfield, Massachusetts has an article headlined "SJC ruling: Names of jurors must be made public in Massachusetts criminal trials."
And The MetroWest Daily News reports that "Middlesex judge incorrectly withheld juror names in Wayland murder."
"Filibuster trial balloon goes bust": Burgess Everett of Politico.com has this report today.
Posted at 08:30 AM by Howard Bashman
"Hamm Ex-Wife Says Cashing Alimony Check Doesn't End Appeal": Margaret Cronin Fisk of Bloomberg News has an article that begins, "The ex-wife of Continental Resources Inc.'s Harold Hamm told Oklahoma's highest court that her divorce appeal shouldn't be blocked because she cashed an almost $1 billion alimony check."
Posted at 08:25 AM by Howard Bashman
"Obama's pick for attorney general faces heated confirmation debate": Reuters has this report.
And today's broadcast of NPR's "Morning Edition" contained an audio segment titled "Grassley Leads Senate Judiciary Panel As Loretta Lynch Hearings Begin."
"For court of last resort, deadly deadlines loom": Richard Wolf has this article in today's edition of USA Today.
"Supreme Court justice discusses rulings at Naples event": Today's edition of The News-Press of Fort Myers, Florida contains an article that begins, "Wearing a dark suit with a gold tie, the longest-serving justice on the U.S. Supreme Court sat down at a Naples beach hotel Tuesday and discussed his famous rulings."
And The GW Hatchet has an article headlined "U.S. Supreme Court Justices Ginsburg and Scalia will return to Lisner."
"A False History: The Rewriting of the Affordable Care Act by the Challengers in King v. Burwell." Eric Segall has this post today at "Dorf on Law."
Posted at 08:04 AM by Howard Bashman
Tuesday, January 27, 2015
"Lawmaker asks would-be SC judges about 'Supreme Being,' gay marriage, equal pay for women": The State of Columbia, South Carolina has this report.
Posted at 11:07 PM by Howard Bashman
"Tories to table life in prison without parole, shifting legal landscape": Sean Fine of The Toronto Globe and Mail has this report.
Posted at 11:05 PM by Howard Bashman
"Marriage of Convenience": Emily Bazelon will have this essay in the February 1, 2015 issue of The New York Times Magazine.
Posted at 10:28 PM by Howard Bashman
In the February 2015 issue of ABA Journal magazine: Steven Seidenberg has an article headlined "Business-method and software patents may go through the looking glass after Alice decision."
David L. Hudson Jr. has an article headlined "3rd Circuit ruling upholds a lawyer's right to post glowing judicial comments about his work."
And Leslie A. Gordon has articles headlined "Legal minds differ on whether The Bluebook is subject to copyright protection" and "New project rewrites SCOTUS opinions from a feminist perspective."
Senior D.C. Circuit Judge Laurence H. Silberman lauds the proposal to reduce the word limit for principal appellate briefs from 14,000 words to 12,500 words: Judge Silberman is among the most enthusiastic supporters of the word limit reduction, as you can see from his recently posted comment, which you can access directly by clicking here.
The period for offering public comments on the pending proposed amendments to the Federal Rules of Appellate Procedure expires exactly three weeks from today, on Tuesday, February 17, 2015. You can comment online via this link.
"Georgia Executes Warren Lee Hill for Murder": Alan Blinder of The New York Times has this news update.
Posted at 08:52 PM by Howard Bashman
"Does the Same-Sex Marriage Cert Grant Imperil the Affordable Care Act?" Michael Dorf had this post yesterday at his blog, "Dorf on Law."
Posted at 08:27 PM by Howard Bashman
"Appeals court weighs suit in US Marshals shooting": The Associated Press has this report.
Posted at 08:22 PM by Howard Bashman
"Alabama Chief Justice Roy Moore says he will continue to recognize ban on same-sex marriage": AL.com has this report. You can view today's letter from Alabama's Chief Justice to Alabama's Governor at this link.
Brian Lyman of The Montgomery Advertiser has a news update headlined "Roy Moore denounces same-sex marriage ruling."
Reuters reports that "Alabama Supreme Court chief justice encourages defiance on gay marriage ruling."
And at his "Law News" blog, Lyle Denniston has a post titled "State judge sees 'tyranny' in same-sex marriage rulings."
"Supreme Court refuses to halt execution of Ga. man": The Associated Press has a report that begins, "The Supreme Court has refused to halt the execution of a Georgia man whose lawyers say he is ineligible to be executed because he is intellectually disabled."
And at "SCOTUSblog," Lyle Denniston has a post titled "Court allows Georgia execution."
"Republican state officials cast doubts on anti-Obamacare lawsuit": Greg Sargent has this post today at the "Plum Line" blog of The Washington Post.
Posted at 06:04 PM by Howard Bashman
"Radley Balko and the inexperience of the Justices when it comes to criminal law": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 01:30 PM by Howard Bashman
"Constitution Check: Is the Supreme Court going to rule out lethal-drug executions?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:23 PM by Howard Bashman
"Obama Administration Uses Scalia's 2012 Obamacare Dissent Against Him": Sahil Kapur of TPM DC has this report.
Posted at 09:47 AM by Howard Bashman
"Why Do Judges and Politicians Flip-Flop? To investigate, Cass Sunstein and I conducted a series of surveys." Law professor Eric Posner has this essay online at Slate.
Posted at 09:36 AM by Howard Bashman
"Forget TV, let's put the Supreme Court on YouTube": Jeff John Roberts has this post at Gigaom.
Posted at 09:28 AM by Howard Bashman
"What Obama Can Do if SCOTUS Cripples Obamacare: Experts say the White House couldn't easily restore subsidies in every state." Sam Baker of National Journal has this report.
Posted at 09:25 AM by Howard Bashman
"TSA Whistle-blower's Supreme Court Win Bittersweet After Nine-Year Exile": Matt Stroud of Bloomberg News has this report.
Posted at 09:24 AM by Howard Bashman
"The Supreme Court Meets the Real World": This "Room for Debate" discussion appears online at The New York Times.
Posted at 09:22 AM by Howard Bashman
"Prophet Image at U.S. Supreme Court Shows Taboos Aren't Eternal": Caroline Alexander and Salma El Wardany of Bloomberg News has this report.
Posted at 09:20 AM by Howard Bashman
"After forging her path from N.C. to Brooklyn, Lynch is poised to become attorney general": This front page article appears in today's edition of The Washington Post.
Posted at 08:44 AM by Howard Bashman
"U.S. top court sends patent cases back to appeals court": Lawrence Hurley of Reuters has this report, along with an article headlined "U.S. Supreme Court rejects BP executive's appeal."
And The Associated Press has a report headlined "Justices: No lawsuit against disgraced ex-Detroit judge."
"Supreme Court Rules Against Retirees in Union Health Benefits Case": Adam Liptak has this article in today's edition of The New York Times.
David G. Savage of The Los Angeles Times reports that "Supreme Court knocks down promised health benefits for union retirees."
Richard Wolf of USA Today reports that "Supreme Court says retiree health benefits can expire."
Jess Bravin of The Wall Street Journal reports that "Supreme Court Rules Against Union Retirees in Benefits Case; Justices Give Manufacturer Another Chance to Terminate Lifetime Health Benefits for Retirees."
Lawrence Hurley of Reuters reports that "U.S. top court rules for employer in retiree benefits fight."
And The Associated Press reports that "Court rules for company seeking to trim retiree health costs."
"Lethal Injection Case in Question as State Seeks New Drug": Greg Stohr of Bloomberg News has this report.
Posted at 08:17 AM by Howard Bashman
Monday, January 26, 2015
"In insider trading appeal, Justice Department makes big concession": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 08:17 PM by Howard Bashman
"U.S. appeals court upholds conviction of Reid fundraiser": Reuters has this report.
And The Associated Press reports that "Conviction upheld over contributions to Sen. Harry Reid."
"Pathways to the Bench: U.S. Court of Appeals Judge Jacqueline H. Nguyen." At the Federal Judiciary Channel of YouTube, you can view the video at this link.
Posted at 04:06 PM by Howard Bashman
"Alabama appeals decision blocking ban on same-sex marriage": The Associated Press has this report.
And Brendan Kirby of The Mobile Press-Register has an article headlined "Mobile women at center of Alabama gay marriage fight celebrate court victory."
"Deeply conservative Oklahoma adjusts to sudden arrival of same-sex marriage": Monica Hesse of The Washington Post has this report.
Posted at 01:26 PM by Howard Bashman
"Attorney general asks to stay all scheduled Oklahoma executions; In a Monday filing, the attorney general's office asked for a stay of execution on all three of the state's scheduled lethal injections; The stays were requested in order to await the U.S. Supreme Court's decision on the constitutionality of Oklahoma's lethal cocktail": Graham Lee Brewer of The Oklahoman has this news update.
Cary Aspinwall of The Tulsa World has a news update headlined "OK Attorney General asks Supreme Court to delay executions."
Margaret Cronin Fisk and Greg Stohr of Bloomberg News report that "Oklahoma Seeks Delay of Executions Pending Top Court Review."
The Associated Press reports that "Oklahoma could halt executions for Supreme Court drug review."
Access online today's ruling of the U.S. Supreme Court in an argued case: Justice Clarence Thomas delivered the opinion for a unanimous Court in M&G Polymers USA, LLC v. Tackett, No. 13-1010. Justice Ruth Bader Ginsburg issued a concurring opinion, in which Justices Stephen G. Breyer, Sonia Sotomayor, and Elena Kagan joined. You can access the oral argument via this link.
Posted at 10:04 AM by Howard Bashman
Access online today's Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.
Posted at 09:33 AM by Howard Bashman
"Rand Paul's Brand of Judicial Activism": Law professor Cass R. Sunstein has this essay online today at Bloomberg View. The essay begins, "For many decades, the Supreme Court's 1905 decision in Lochner v. New York has ranked among the most universally despised rulings in the history of American law."
Posted at 09:14 AM by Howard Bashman
"Method-of-execution claims and the 'courtesy fifth'": Orin Kerr has this post today at "The Volokh Conspiracy."
I anticipate that the U.S. Supreme Court will not allow executions to proceed in Oklahoma, or in any other state that uses the identical method of execution that the Court has granted certiorari to review, pending a decision on the method's constitutionality. Regardless of the ultimate resolution of the case, which at least theoretically remains up-for-grabs until a decision issues, allowing executions to proceed in the interim will look very, very, very bad for the Court from the perspective of the general public.
"NY insider trading ruling tests prosecutors beyond Wall Street": Nate Raymond of Reuters has this news analysis today.
Posted at 08:50 AM by Howard Bashman
"A Twist in the Murder of a 97-Year-Old Man: He Was Knifed 5 Decades Ago." J. David Goodman had this front page article in yesterday's edition of The New York Times.
Posted at 07:48 AM by Howard Bashman
Sunday, January 25, 2015
"Justice Ginsburg Will Receive Radcliffe Medal in May": This article will appear in Monday's edition of The Harvard Crimson.
Posted at 11:42 PM by Howard Bashman
"Ga. inmate who's come close to death 3 times to die Tuesday": The Savannah Morning News has this report.
Posted at 11:40 PM by Howard Bashman
"'Death-qualified' juror search slows marathon, theater cases": The Associated Press has this report.
Posted at 11:35 PM by Howard Bashman
"Gov. Sam Brownback's push to change Kansas Supreme Court seen as linked to school finance": Bryan Lowry of The Wichita Eagle has an article that begins, "Democratic lawmakers and education advocates say Gov. Sam Brownback's push to change the way the state's Supreme Court justices are selected is actually a veiled attack on public education."
Posted at 08:54 PM by Howard Bashman
"Supreme Court to Decide Another Foreign Sovereign Immunities Act Case": Ingrid Wuerth has this post today at the "Lawfare" blog.
Posted at 08:50 PM by Howard Bashman
"Execution Case Highlights the Power of One Vote": Adam Liptak will have this article in Monday's edition of The New York Times.
Posted at 08:35 PM by Howard Bashman
"Amicus: Thank You Not Please; Dahlia Lithwick considers a First Amendment challenge to a law banning judicial candidates from asking for campaign donations; And, the Supreme Court takes up housing segregation." Slate has posted this podcast online today.
Posted at 02:16 PM by Howard Bashman
"Republicans Weigh Expanding 'Nuclear Option' for Supreme Court Nominees": Kristina Peterson had this post yesterday at WSJ.com's "Washington Wire" blog.
Posted at 10:00 AM by Howard Bashman
"The Supreme Court's massive blind spot": Online at The Washington Post, Radley Balko has an essay that begins, "This term, the Supreme Court heard two cases involving the actions of police officers during traffic stops."
Posted at 09:56 AM by Howard Bashman
"Supreme Court chief isn't top dog in his office; his dog is": Jan Murphy of The Patriot-News of Harrisburg, Pennsylvania has this report.
Posted at 09:48 AM by Howard Bashman