“Court hears challenge to Obama recess appointments”: The Associated Press has a report that begins, “A federal appeals court heard arguments Wednesday in a case that considers whether President Barack Obama violated the Constitution earlier this year when he bypassed the Senate to fill vacancies in his administration.”
Bloomberg News reports that “Republican Lawmakers Argue Obama Appointments Unlawful.”
And David Ingram of Reuters reports that “Court asked to invalidate Obama recess appointments.”
Tom Goldstein on same-sex marriage as test cases: Tom has this interesting post today at “SCOTUSblog.”
“ACLU files judicial complaint over Oklahoma teen’s church sentence; A complaint has been filed against an eastern Oklahoma district judge who sentenced a teenager to attend church for 10 years as a condition of parole”: The Oklahoman has this news update.
And The Tulsa World has a news update headlined “ACLU files judicial complaint over Oklahoma teen’s church sentence; A complaint has been filed against a Muskogee County district judge who sentenced a teenager to attend church for 10 years as a condition of parole.”
“Rhode Island Judge Has Stake in Pension Case Outcome”: Wednesday’s edition of The New York Times will contain an article that begins, “Can a judge rule impartially on pension cuts when her mother, her son, her uncle and even she herself all have a stake in preserving the status quo?”
“When to Hold, When to Fold, and When to Reshuffle: The Art of Decisionmaking on a Multi-Member Court.” Seventh Circuit Judge Diane P. Wood has this essay in the December 2012 issue of California Law Review.
The issue also contains two related essays. Ninth Circuit Judge Marsha S. Berzon has an essay titled “Dissent, ‘Dissentals,’ and Decision Making.” And law professor Kevin M. Quinn has an essay titled “The Academic Study of Decision Making on Multimember Courts.”
“Seismic fallout from ruling on drug marketing and free speech?” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.
“If feds flood your land, Supreme Court says, they may owe you”: Michael Doyle of McClatchy Newspapers has this report.
“Castille: Law firm pays $4 million in Family Court project settlement.” The Philadelphia Inquirer has a news update that begins, “The Pennsylvania Supreme Court has settled its lawsuit against the law firm of Obermayer Rebmann Maxwell & Hippel over its role in the selection of the site for the new family court building in Center City, Chief Justice Ron Castille said Tuesday.”
Available online from Greenwire: Lawrence Hurley has articles headlined “Justices rule that temporary flooding can constitute a taking” and “Justices weigh Los Angeles stormwater dispute.”
And Lawrence Hurley and John McArdle have an article headlined “High Court puts spotlight on speed of rulemaking.”
“How Gossip Transformed the Legal Industry: Meet David Lat, the former Assistant U.S. Attorney who keeps judges and lawyers on their toes with his blog, Above the Law.” Details.com has this profile.
“Blogger Acquitted In Threatening Case Sues For $50 Million; Hal Turner Says He Was Wrongly Imprisoned”: This article appears today in The Hartford Courant.
And The Associated Press reports that “Acquitted blogger sues Conn. officials for $50M.”
“Parents Of Slain Yale Student Still Hold Hope Killer Will Be Found”: In today’s edition of The Hartford Courant, Dave Altimari has an article that begins, “Thomas and Donna Jovin say they have not given up on the possibility that their daughter Suzanne’s killer will be found, 14 years after the Yale student was stabbed to death.”
“High court wary of storm water runoff lawsuit”: The Associated Press has this report.
You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Los Angeles County Flood Control Dist. v. Natural Resources Council, Inc., No. 11-460.
“Courts (Should Not) Consider Recess Appointment Challenges: Posner Explains Political Questions.” Victor Williams has this blog entry today at The Huffington Post.
And Pete Williams, NBC News justice correspondent, has a report headlined “Court showdown over recess appointments.”
“Special Report: Behind U.S. race cases, a little-known recruiter.” Joan Biskupic of Reuters has this report.
“Verizon Challenge to FCC Data-Roaming Rule Rejected by Court”: Bloomberg News has this report.
The Associated Press reports that “Court rejects Verizon challenge to roaming rule.”
And Reuters reports that “Appeals court rejects Verizon challenge to roaming rule.”
You can access today’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
“Last-minute EPA rule change frustrates chief justice”: Robert Barnes has this article today in The Washington Post.
Access online today’s ruling of the U.S. Supreme Court in an argued case: The Court issued one opinion in an argued case today.
Justice Ruth Bader Ginsburg delivered the opinion of the Court in Arkansas Game and Fish Comm’n v. United States, No. 11-597. The decision was unanimous, with Justice Elena Kagan not participating. You can access the oral argument via this link.
Update: In early news coverage, The Associated Press reports that “High court says government can be liable for flood.”
Terry Baynes and Jonathan Stempel of Reuters report that “U.S. top court rules government may be liable for flooding.”
And Greg Stohr of Bloomberg News reports that “Landowners May Be Due Payment After Flooding, Court Says.”
“Irrational Basis: The judge in Nevada who upheld a gay marriage ban had no good reason at all.” Nathaniel Frank has this jurisprudence essay online at Slate.
“E.P.A. Rule Complicates Runoff Case for Justices”: Adam Liptak will have this article Tuesday in The New York Times.
“The government switches position”: At “SCOTUSblog,” Lyle Denniston has a post that begins, “The Supreme Court, told by the federal government that it is changing its position on a prison sexual assault case, on Monday named a neutral lawyer to take on the defense of a lower-court ruling in that case.”
“Border Agents’ Power to Search Devices Is Facing Increasing Challenges in Court”: This article will appear Tuesday in The New York Times.
“Argument recap: Will sympathy or technicality prevail?” At “SCOTUSblog,” Lyle Denniston has this post.
You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Genesis HealthCare Corp. v. Symczyk, No. 11-1059.
“NY court OKs $1 M school racial harassment award”: The Associated Press has a report that begins, “A $1 million award that’s one of the biggest ever issued for racial harassment in high school has been upheld by a New York court.”
And at the “School Law” blog of Education Week, Mark Walsh has a post titled “Court Upholds $1M Award in School Race-Harassment Case.”
You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.
“Federal court voids drug rep’s conviction, cites free speech”: Jonathan Stempel of Reuters has a report that begins, “A divided federal appeals court on Monday threw out the conviction of a sales representative for promoting off-label use of a prescription drug, a ruling that could make it harder for the government to police how drugs are marketed and sold.”
My earlier coverage of today’s Second Circuit ruling appears at this link.
Update: In other coverage, The Wall Street Journal reports that “Conviction Overturned in Drug-Marketing Case.”
“U.S. law targeting drug smugglers in foreign waters is deemed illegal; An appeals court ruled that a 1986 law used to convict four suspected drug smugglers arrested in Panama waters is illegal”: Jay Weaver has this article today in The Miami Herald reporting on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued early last month.
My previous coverage of that ruling can be accessed here.
“New EPA rule could upend high court runoff case”: Mark Sherman of The Associated Press has this report.
And Lawrence Hurley of Greenwire reports that “Justices consider whether logging case moot in light of new EPA rule.”
You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Decker v. Northwest Environmental Defense Center, No. 11-338.
“In gene case, SCOTUS to confront Federal Circuit on patentability”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.
Terry Baynes of Reuters is reporting: She has articles headlined “Supreme Court rejects appeal of Kentucky fen-phen lawyer” and “Top court lets GM workers pursue case against State Street.”
“Defending the Voting Rights Act From Its Conservative Critics”: Doug Kendall has this blog entry today at The Huffington Post.
“A Question of Accountability: Harvard Law School’s International Human Rights Clinic argues that the Alien Tort Statute applies to corporations.” Harvard Law School has posted online this report.
Majority on divided three-judge Second Circuit panel vacates criminal conviction of pharmaceutical sales representative for promoting off-label use of prescription drug as obtained in violation of the defendant’s First Amendment free speech rights: You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link. The appeal was argued two years and one day ago.
“Rating agencies win dismissal of Ohio funds lawsuit”: Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
“U.S. Supreme Court again delays decision on gay marriage”: Howard Mintz of The San Jose Mercury News has this update.
Update: Terry Baynes of Reuters reports that “Supreme Court takes no action on same-sex marriage cases.”
Access online today’s Order List of the U.S. Supreme Court: The Court has posted today’s Order List at this link. The Court did not grant review in any new cases, but the Court did call for the views of the Solicitor General in one case.
Justice Sonia Sotomayor issued a dissent from the denial of certiorari in Hodge v. Kentucky, No. 11-10974.
At “SCOTUSblog,” Lyle Denniston has a post titled “Again, no gay marriage orders.”
