“Spirit Lake committee’s last effort to save Fighting Sioux nickname fails”: The Grand Forks Herald has a news update that begins, “In what may well be the final chapter in the long, contentious fight over UND’s Fighting Sioux nickname, the 8th U.S. Circuit Court of Appeals today affirmed a lower court’s judgment against the Spirit Lake Sioux Tribe in its effort to save the nickname.”
You can access today’s ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
“Kavanaugh is known for writing long, detailed concurrences to rulings of the D.C. Circuit, a habit that has pushed his name to the top of lists of potential U.S. Supreme Court nominees under any future Republican administration.” So writes David Ingram of Reuters in an article headlined “U.S. appeals court judge says FCC ignored antitrust law.”
This particular concurring opinion is also noteworthy for another reason.
“Making a sex tape a crime for troops, court rules”: Army Times has an article that begins, “Making a sex tape is a crime under the Uniform Code of Military Justice, the military’s highest court has ruled.”
You can access last Thursday’s ruling of the U.S. Court of Appeals for the Armed Forces at this link.
“Video: General William K. Suter Speaks at South Texas College of Law.” Josh Blackman has this post today at his blog.
Update: Today at the “Tex Parte Blog” of Texas Lawyer, Brenda Sapino Jeffreys has a post titled “Gen. William K. Suter talks retirement, top orators, to group at South Texas College of Law.”
“Senators Tussle Over Proposal To ‘Unpack’ Key D.C. Court”: Carrie Johnson had this audio segment on today’s broadcast of NPR’s “Morning Edition.”
“Supreme Court affirmative action decision: Don’t be fooled by flawed theories; One of the most specious arguments the Supreme Court has heard in the Fisher v. University of Texas affirmative action case deals with ‘mismatch theory’; It says affirmative action harms minorities because it puts them in universities where they are outmatched by their peers.” Law professor Angela Onwuachi-Willig has this essay online at The Christian Science Monitor.
“Emotions run high after Colorado Supreme Court rules in school case”: The Denver Post has this report.
My earlier coverage of yesterday’s Colorado Supreme Court ruling appears at this link.
Although the decision was not formally issued until yesterday, a news report states that the decision was accidentally posted at the court’s web site for a short time on Monday. In other coverage, The Denver Post reports that “Colorado court says landmark Lobato school ruling wasn’t posted early.”
“Supreme Court case could affect prayer at West Deptford, Elk meetings”: Jason Laday of South Jersey Times has this report.
“Price-fixing case to test Supreme Court hostility to class actions”: Andrew Longstreth of Reuters has this report.
“State Supreme Court chief justice no longer sending letters to new Eagle Scouts”: Steve Bousquet has this article today in The Tampa Bay Times.
“Supreme Court rejects ban on funding Planned Parenthood; Indiana had tried to block Medicaid funding of clinics that perform abortions, but the Supreme Court lets lower courts prevent the measure from going into effect”: David G. Savage has this article today in The Los Angeles Times.
And Mark Guarino of The Christian Science Monitor has an article headlined “Planned Parenthood victory: Supreme Court turns away abortion case; An Indiana measure, which a lower court had already blocked, would have prohibited Medicaid funding for health providers like Planned Parenthood; The US Supreme Court declined the abortion case Tuesday.”
“Supreme court gives inmates more leeway to challenge convictions”: Robert Barnes has this article today in The Washington Post.
And in today’s edition of The Los Angeles Times, David G. Savage has an article headlined “Supreme Court lifts time limit on some ‘actual innocence’ appeals; In a 5-4 decision, the Supreme Court removes the one-year limit on federal appeals for prisoners who can make a ‘convincing showing of actual innocence.’”
“The Abortion Issue Returns”: Jeffrey Toobin has this blog post online today at The New Yorker.
“N.Y. Court of Appeals to consider warrantless GPS tracking”: Reuters has this report.
“NY high court eyes who can tap Starbucks’ tip jars”: The Associated Press has this report.
“Obama to launch push to reshape D.C. Circuit with 3 simultaneous nominations”: Juliet Eilperin of The Washington Post has this report.
Jennifer Bendery of The Huffington Post reports that “Republicans Charge Obama With Court-Packing For Trying To Fill Empty Seats.”
And The Associated Press reports that “Partisan showdown looms over DC circuit nominees.”
“GOP Senators To Supreme Court: Curtail The President’s Recess Appointment Power.” Sahil Kapur of TPM DC has this report.
“Alito’s Son Clerking at D.C. Circuit”: Tony Mauro of The National Law Journal has this report.
“Justices Make It Easier for Inmates to Challenge Convictions”: Adam Liptak will have this article in Wednesday’s edition of The New York Times.
And Michael Doyle of McClatchy Washington Bureau reports that “Supreme Court widens opportunity for claims of ineffective counsel.”
“White House Eyes Lawyers for D.C. Circuit Vacancies”: Todd Ruger has this post at “The BLT: The Blog of Legal Times.”
In the June 2013 issue of ABA Journal magazine: David L. Hudson Jr. will have an article headlined “Along with political speech, many companies also claim they have religious liberty rights.”
And the new installment of Bryan A. Garner’s “On Words” column is headlined “Language gives us ways to remain honest and tactful — and to preserve client confidences.”
“Appeals court hands EPA big victory on smelter curbs”: Jeremy P. Jacobs of Greenwire has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
“Ex-Michigan Supreme Court Justice Hathaway gets 1 year, 1 day in prison for bank fraud”: The Detroit News has this update.
The Detroit Free Press has a news update headlined “Ex-Michigan Justice Diane Hathaway gets 1 year behind bars.”
MLive Detroit reports that “Former Michigan Supreme Court Justice Diane Hathaway gets year in prison for bank fraud.”
And The Associated Press reports that “Disgraced ex-Mich. judge gets prison for fraud.”
“States’ role in mass cases at issue”: Lyle Denniston has this post at “SCOTUSblog.”
“Therefore, under these circumstances, the FCC cannot tell Comcast how to exercise its editorial discretion about what networks to carry any more than the Government can * * * tell SCOTUSblog or How Appealing or The Volokh Conspiracy what legal briefs to feature.” So writes D.C. Circuit Judge Brett M. Kavanaugh in his concurring opinion issued today in that court’s ruling in Comcast Cable Communications v. FCC.
Ironically, an appellate court’s mentioning of the “How Appealing” blog by name in a judicial opinion is, in essence, a guaranteed method for having the opinion highlighted here. Thus, by mentioning “How Appealing,” it is as though a branch of the federal government is indeed dictating that the judicial opinion in question be featured here.
Nevertheless, today’s D.C. Circuit ruling in the Comcast case unquestionably merited discussion here even before I learned that a concurring opinion mentioned this blog, as evidenced by the substantial post devoted to the case that existed before a kind reader drew the concurring opinion’s mention of certain legal blogs to my attention.
“High court keeps courts open to innocence claims”: The Associated Press has this report.
“Why the New White House Push for Judicial Nominees Won’t Work: The confirmation system is so broken that it takes a year for qualified nominees to be approved; That’s leaving dozens of courts woefully understaffed.” Andrew Cohen has this essay online today at The Atlantic.
Today at the “Daily Intelligencer” blog of New York magazine, Jonathan Chait has a post titled “Obama to Senate: Obstruct This.”
And today at Roll Call’s “WGDB” blog, Niels Lesniewski has a post titled “Obama, Senate Democrats Teeing Up Judicial Wars.”
“The Killed-at-16 Transparency Test: Obama Owes Us Answers About This Dead American; What is the White House hiding about the demise of a boy they say they didn’t target but admit to blowing up?” Conor Friedersdorf has this essay online today at The Atlantic.
“Justices Reject Case on Indiana Law Withholding Money From Planned Parenthood”: Adam Liptak of The New York Times has this news update.
Tim Evans of The Indianapolis Star has a news update headlined “Indiana Planned Parenthood declares victory after Supreme Court declines to hear funding case.”
And Richard Wolf of USA Today has a news update headlined “Supreme Court declines to hear abortion case.”
“U.S. appeals court sides with Comcast in Tennis Channel dispute”: David Ingram of Reuters has this report.
And Broadcasting & Cable reports that “Court Rules Comcast Did Not Discriminate Against Tennis Channel; Finds insufficient evidence to support FCC decision.”
You can access today’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Update: In other coverage, Tom Schoenberg of Bloomberg News reports that “Comcast Defeats FCC Order on Distributing Tennis Channel.”
And at the “Hollywood, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Comcast Beats FCC at Appeals Court in Carriage Discrimination Dispute; A unanimous ruling holds that the FCC hadn’t brought enough evidence when finding that Comcast had discriminated against the Tennis Channel.”
“Court reverses Lobato, finds state school funding constitutional”: The Denver Post has this news update.
You can access today’s ruling of the Supreme Court of Colorado at this link.
Majority on divided en banc Sixth Circuit affirms imposition of federal death penalty for a murder that federal prosecutors asserted was committed 227 feet inside the boundaries of the Manistee National Forest in western Michigan: You can access today’s ruling of the en banc U.S. Court of Appeals for the Sixth Circuit at this link.
In early news coverage, The Associated Press reports that “Appeals court affirms Gabrion death sentence.”
And in previous coverage, The Grand Rapids Press and The Muskegon Chronicle have published articles headlined “Supreme Court asked to address Marvin Gabrion 1997 murder conviction“; “U.S. Appeals Court overturns death sentence for Marvin Gabrion, but conviction stands“; “Federal prosecutors ask court to re-hear decision to negate death penalty for Marvin Gabrion“: and “Convicted murderer Gabrion back on death row pending new federal court hearing.”
The Sixth Circuit’s earlier three-judge panel rulings in the case can be accessed here and here.
“Bondholders spark U.S. legal drama over Argentine debt; A crucial ruling is expected on payment for group of holdouts that refused to settle with Argentina after it defaulted on nearly $100 billion in debt in 2002”: This article appears today in The Los Angeles Times.
Access online today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued two decisions in argued cases.
1. Justice Stephen G. Breyer delivered the opinion of the Court in Trevino v. Thaler, No. 11-10189. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justice Samuel A. Alito, Jr. joined. And Justice Antonin Scalia issued a dissenting opinion, in which Justice Clarence Thomas joined. You can access the oral argument via this link.
2. And Justice Ruth Bader Ginsburg delivered the opinion of the Court in McQuiggin v. Perkins, No. 12-126. Justice Scalia issued a dissenting opinion, in which the Chief Justice and Justices Thomas joined in full, and in which Justice Alito joined in large measure. You can access the oral argument via this link.
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 granted review in two new cases.
In early news coverage, The Associated Press reports that “Court to see if Miss. lawsuit OK on global issue“; “Court won’t hear challenge to copyright board“; and “Court stays out of Planned Parenthood funding case.”
Lawrence Hurley of Reuters reports that “Justices agree to hear LCD displays price-fixing case” and “Justices decline to hear Planned Parenthood funding case.”
And Greg Stohr of Bloomberg News reports that “Planned Parenthood Funding Cutoff Bid Rejected by Court“; “United Airlines Rejected by Top Court on Disabilities Law“; and “Court Appeal Over $16 Billion in Savings Bonds Rejected.”
