How Appealing



Tuesday, June 28, 2011

“Supreme Court Term in Review: It’s a Mixed Bag.” David Kravets has this post at Wired.com’s “Threat Level” blog.

Posted at 2:35 PM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: The Court has posted today’s Order List at this link.

Justice Antonin Scalia issued a dissent from a GVR order in Beer v. United States, No. 09-1395.

In early news coverage, The Associated Press has reports headlined “High court casts doubt on Maine law“; “High court rejects Conn. Green Party appeal“; and “Court won’t revive Clemens lawsuit against trainer.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Two more cases granted; In the last batch of orders until summer, the Court grants two more cases for review in the next Term; The Court also ordered a federal appeals court to reconsider a case on federal judges’ pay scales.”

Posted at 10:40 AM by Howard Bashman



Fifth Circuit issues ruling in case captioned All Plaintiffs v. All Defendants: Despite the case’s name, the ruling fails to resolve all litigation pending throughout the universe.

In coverage of the ruling, Law360 has an article that begins, “The Fifth Circuit on Monday ruled that Texas is entitled to over $4 million in unclaimed money from the settlement of a long-running antitrust class action against oil-leasing companies, overturning a district court’s ruling.” Yesterday’s ruling explains that the district court, under the doctrine of cy pres, had sought to donate the unclaimed funds to the Center for Energy and Environmental Resources at the University of Texas.

Posted at 9:35 AM by Howard Bashman



Monday, June 27, 2011

“Supreme Court to decide whether police can attach GPS device to a car without a warrant; Is tracking a motorist for several weeks with a GPS device an ‘unreasonable search’ under the 4th Amendment? The Supreme Court says it will hear the case this fall.” David G. Savage of The Los Angeles Times has this news update.

Warren Richey of The Christian Science Monitor has an article headlined “GPS tracking device: Supreme Court to consider its use in following suspects; GPS tracking device was installed by FBI agents to follow a man who was convicted of a drug conspiracy charge; The Supreme Court will consider: Is a warrant needed for long-term surveillance?

Bill Mears of CNN.com reports that “Justices to decide police use of GPS devices on suspects’ cars.”

Greg Stohr of Bloomberg News reports that “GPS Device Used by Police Will Get U.S. Supreme Court Scrutiny.”

James Vicini of Reuters reports that “Supreme Court to decide police GPS tracking case.”

At Wired.com’s “Threat Level” blog, David Kravets has a post titled “Supreme Court to Decide Constitutionality of Warrantless GPS Monitoring.”

And at “The BLT: The Blog of Legal Times,” Mike Scarcella has a post titled “U.S. Supreme Court to Review GPS Surveillance Case.”

Posted at 7:42 PM by Howard Bashman



“Supreme Court strikes down provision of Arizona campaign finance law”: The Arizona Republic has this news update.

Howard Fischer of The Arizona Daily Star has a news update headlined “Supreme Court voids part of Arizona’s election financing law.”

David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court imposes limits on public funding of campaigns; In a 5-4 decision along ideological lines, the U.S. Supreme Court strikes down an Arizona law offering extra ‘matching funds’ to candidates who face a well-heeled opponent.”

Joan Biskupic of USA Today has a news update headlined “High court strikes down Ariz. campaign finance law.”

Politico.com reports that “SCOTUS issues limited campaign finance ruling.”

And The Hill reports that “Supreme Court strikes down Arizona matching funds campaign law.”

Posted at 4:58 PM by Howard Bashman



“Dane County Sheriff’s office may investigate Bradley claim”: The Milwaukee Journal Sentinel has a news update that begins, “The Dane County Sheriff’s Office may soon investigate a claim by Supreme Court Justice Ann Walsh Bradley that Justice David Prosser put her in a chokehold earlier this month.”

And The Associated Press has a report headlined “Wis. Gov: Supreme Court needs to resolve discord.”

Posted at 2:36 PM by Howard Bashman



“High drama at announcement of ruling on violent video games”: Tony Mauro has this report online at the First Amendment Center.

Posted at 2:06 PM by Howard Bashman



“Justices Strike Down Arizona Campaign Finance Law”: Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined “Supreme Court strikes Arizona system of ‘matching funds’ to publicly financed candidates.”

James Vicini of Reuters reports that “Supreme Court strikes down Arizona campaign finance law.”

And Greg Stohr and Jonathan Salant of Bloomberg News report that “Arizona Public Financing System Struck Down by High Court.”

Posted at 1:24 PM by Howard Bashman



“Justices Reject Ban on Violent Video Games for Children”: Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined “Supreme Court strikes Calif. law banning sale of violent video games to minors.”

David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court lifts limits on sale of violent video games to minors; California’s restrictions on the sale of violent video games to minors violate the 1st Amendment, the Supreme Court says in a 7-2 ruling; Five justices rule that under no circumstances can the government be allowed to protect children by limiting violence in the media.”

Jess Bravin of The Wall Street Journal has a news update headlined “High Court Strikes Down California Videogame Law.”

Joan Biskupic of USA Today has a news update headlined “Supreme Court rejects ban on violent video games.”

Michael Doyle of McClatchy Newspapers reports that “Supreme Court strikes down violent video game ban.”

Greg Stohr of Bloomberg News reports that “Court Strikes Down Violent Video Game Limits.”

James Vicini of Reuters reports that “Supreme Court strikes down California video game law.”

And Bill Mears of CNN.com reports that “California ban on sale of ‘violent’ video games to children rejected.”

Posted at 1:18 PM by Howard Bashman



“Supreme Court 2010-2011 Term Review”: After Chief Justice John G. Roberts, Jr. spoke and answered questions Saturday morning at the Fourth Circuit‘s Judicial Conference (access the video at this link, via C-SPAN), the next session consisted of a discussion among five law professors about the U.S. Supreme Court‘s work in the October 2010 Term. You can view the panel discussion at this link (via C-SPAN).

Finally, at some later date, C-SPAN may post online at this link the program in which I participated as a panelist on Friday morning.

Posted at 11:02 AM by Howard Bashman



Access online today’s Order List and rulings of the U.S. Supreme Court in argued cases: You can access the Order List at this link. The Court today granted review in a total of eleven cases.

As expected, the Court has issued rulings today in the remaining four argued cases from this Term.

1. Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Goodyear Dunlop Tires Operations, S.A. v. Brown, No. 10-76. You can access the oral argument via this link.

2. Justice Anthony M. Kennedy announced the judgment of the Court in J. McIntyre Machinery, Ltd. v. Nicastro, No. 09-1343. Justice Stephen G. Breyer issued an opinion concurring in the judgment, in which Justice Samuel A. Alito, Jr. joined. Justice Ginsburg issued a dissenting opinion, in which Justices Sonia Sotomayor and Elena Kagan joined. You can access the oral argument via this link.

3. Justice Antonin Scalia delivered the opinion of the Court in Brown v. Entertainment Merchants Assn., No. 08-1448. Justice Alito issued an opinion concurring in the judgment, in which the Chief Justice joined. Justices Clarence Thomas and Breyer each issued dissenting opinions. You can access the oral argument via this link.

4. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Arizona Free Enterprise Club’s Freedom Club Pac v. Bennett, No.10-238. Justice Kagan issued a dissenting opinion, in which Justices Breyer, Ginsburg, and Sotomayor joined. You can access the oral argument via this link.

The Court also issued a per curiam decision in United States v. Juvenile Male, No. 09-940.

And in Derby v. United States, No. 10-8373, Justice Scalia issued a dissent from the denial of certiorari.

In early news coverage, The Associated Press has reports headlined “Court: Calif. can’t ban violent video game sales“; “High court strikes down Ariz. campaign finance law“; “Supreme Court to review warrantless GPS tracking“; “High court to rule on FCC indecency policy“; “Court to hear appeal in union fees case“; “Court to review rules on slaughter of downed pigs“; and “High court rejects Abu Ghraib lawsuit.”

Posted at 10:03 AM by Howard Bashman



Sunday, June 26, 2011

“Several States Forbid Abortion After 20 Weeks”: Monday’s edition of The New York Times will contain an article that begins, “Dozens of new restrictions passed by states this year have chipped away at the right to abortion by requiring women to view ultrasounds, imposing waiting periods or cutting funds for clinics. But a new kind of law has gone beyond such restrictions, striking at the foundation of the abortion rules set out by the Supreme Court over the last four decades.”

Posted at 11:18 PM by Howard Bashman



“Former partner sues Lieff Cabraser over fees”: Reuters has a report that begins, “A former partner has launched a lawsuit against prominent plaintiffs’ law firm Lieff, Cabraser, Heimann & Bernstein, alleging that he should not be on the hook for potential fee losses. Barry Himmelstein claimed that because he was pushed out of Lieff Cabraser he has no responsibility for paying any part of $8.5 million the firm could owe to diamond cartel DeBeers.”

Posted at 9:00 PM by Howard Bashman



Saturday, June 25, 2011

“Oneidas’ land claim could go to Supreme Court, but that won’t end the matter”: This article appears today in The Utica Observer-Dispatch.

Posted at 7:48 PM by Howard Bashman



“Report: Prosser grabbed fellow court justice’s neck during argument.” The Milwaukee Journal Sentinel has a blog post that begins, “Wisconsin Supreme Court Justice David Prosser allegedly grabbed fellow Justice Ann Walsh Bradley around the neck in an argument in her chambers last week, according to at least three knowledgeable sources.”

Posted at 7:26 PM by Howard Bashman



Programming note: After the Fourth Circuit‘s Judicial Conference wraps-up at noon eastern time today, I’ll be traveling back home. Additional posts will appear here this evening.

Thanks to the Fourth Circuit’s judges and staff for making this such a wonderful event. It was especially enjoyable to be able to visit with so many of this blog’s readers and fans at a truly unique and wonderful location.

Posted at 7:15 AM by Howard Bashman



C-SPAN to broadcast live this morning’s program from the Fourth Circuit‘s Judicial Conference: The broadcast will begin live at 9 a.m. eastern time with “A Conversation with Chief Justice Roberts.” And then, from 9:30 a.m. to noon eastern time, the program will consist of the “Supreme Court 2010-2011 Term Review,” featuring law professors including former Tenth Circuit Judge Michael W. McConnell.

You can watch C-SPAN live, online by clicking here.

Posted at 7:11 AM by Howard Bashman



“Mixing Prayer And Politics At Ashland City Hall; Attorney cites potential problems with Ashland’s use of prayer at council meetings”: The Ashland (Wis.) Current has this report today.

Posted at 6:35 AM by Howard Bashman