“Wisconsin’s Lawyer Pressed by Appeals Judges on Abortion”: Bloomberg News has a report that begins, “A lawyer for the state of Wisconsin met a barrage of questions from U.S. appeals court judges as he tried to argue for a law requiring doctors who perform abortions to have local hospital admitting privileges.”
And The Associated Press reports that “Federal appeals court hears arguments on Wisconsin’s abortion law.”
You can access via this link (8.3MB mp3 audio file) the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
“Wyo. man takes ‘rail trail’ fight with Forest Service to Supreme Court”: Jeremy P. Jacobs of Greenwire has this report.
“5th Circuit gives state AGs a new way to evade federal court”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
“Rights Group Is Seeking Status of ‘Legal Person’ for Captive Chimpanzee”: This article appears today in The New York Times.
Fifth Circuit overturns NLRB decision concluding that a company violated the National Labor Relations Act by requiring its employees to sign an arbitration agreement that prohibited employees from pursuing claims in a collective or class action: You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
Update: In news coverage, The Associated Press reports that “Appeals court sides with employers on arbitration.”
“Judge Edwards and ‘Functionally Useless’ Habeas”: Steve Vladeck has this post at the “Lawfare” blog about a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
“Supreme Court mulls how airlines reject frequent fliers”: USA Today has a report that begins, “Lawyers and justices clashed Tuesday at the Supreme Court over the rules for frequent-flier programs, and whether airlines can drop travelers from them for any reason.”
And Greg Stohr of Bloomberg News reports that “Complaining-Passenger High Court Case May Shield Airlines.”
Update: You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Northwest, Inc. v. Ginsberg, No. 12-462.
In other coverage, Lawrence Hurley of Reuters reports that “Frequent flyer faces turbulence in U.S. Supreme Court.”
“SCOTUSblog on camera: J. Harvie Wilkinson, III — Part eight.” “SCOTUSblog” has posted this video online today, the final part of an eight-part interview.
The U.S. Court of Appeals for the Sixth Circuit today issued its long-awaited en banc ruling in United States v. Blewett: Circuit Judge Jeffrey S. Sutton wrote the majority opinion. You can access the complete ruling at this link.
By my calculation, the en banc vote was 10-to-7 in favor of holding that the Fair Sentencing Act of 2010, which increased the amount of crack cocaine needed to activate the various mandatory minimum sentences, does not apply retroactively to previously final criminal sentences.
At his “Sentencing Law and Policy” blog, Douglas A. Berman has a post titled “In lengthy split opinions, en banc Sixth Circuit rejects all efforts to give any relief to pre-FSA crack defendants still serving mandatory minimums.”
Access online today’s rulings in argued cases of the U.S. Supreme Court: The Court issued two rulings today in argued cases.
1. Justice Samuel A. Alito, Jr. delivered the opinion for a unanimous Court in Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. Tex., No. 12-929. You can access the oral argument via this link.
2. And Justice Antonin Scalia delivered the opinion for a unanimous Court in United States v. Woods, No. 12-562. You can access the oral argument via this link.
In early news coverage, The Associated Press reports that “Court says case should be moved to Va.” and “Court will uphold tax penalty.”
“BP Wins Appeals Court Order Stopping Some Spill Payments”: Bloomberg News has a report that begins, “BP Plc won an appeals court order stopping some payments under a $9.2 billion settlement tied to the 2010 Gulf of Mexico oil spill.”
I have posted at this link yesterday’s order of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.
“Argument preview: War protests and the military.” Lyle Denniston has this post today at “SCOTUSblog.”
“High Court hears arguments over tribal immunity in Michigan case”: The Detroit Free Press has this report.
And The Detroit News reports that “Supreme Court hears arguments over Michigan’s bid to shut tribal casino.”
You can access at this link the transcript of yesterday’s U.S. Supreme Court oral argument in Michigan v. Bay Mills Indian Community, No. 12-515.
“Lawmakers propose removing state judges from Pennsylvania ballots”: This article appears today in The Pittsburgh Tribune-Review.
“A New Wave of Challenges to Health Law”: In Tuesday’s edition of The New York Times, Sheryl Gay Stolberg will have a front page article that begins, “More than a year after the Supreme Court upheld the central provision of President Obama’s health care overhaul, a fresh wave of legal challenges to the law is playing out in courtrooms as conservative critics — joined by their Republican allies on Capitol Hill — make the case that Mr. Obama has overstepped his authority in applying it.”
“Q. & A.: Evan Wolfson on Winning the Gay-Marriage Fight.” Richard Socarides has this blog post online today at The New Yorker.
“U.S. Supreme Court declines to hear part of redistricting lawsuit”: The Montgomery Advertiser has this report.
“Justices Pass on Tax Case From Online Merchants”: Adam Liptak will have this article in Tuesday’s edition of The New York Times.
Robert Barnes of The Washington Post reports that “Supreme Court declines case on making online retailers collect sales taxes.”
Richard Wolf of USA Today reports that “Supreme Court won’t rule on state Internet sales taxes; Decision is a setback for online retailers Amazon.com and Overstock.com, which have battled New York State for five years over the collection of state sales taxes.”
The Christian Science Monitor reports that “Supreme Court won’t weigh in on online sales tax debate; Though Amazon and Overstock.com filed a constitutional challenge to states collecting sales tax on online purchases, for now it looks as if the battle will be waged state-by-state.”
And Bill Mears of CNN.com reports that “Justices deny petitions over online sales taxes.”
“New York lawsuit seeks ‘legal personhood’ for chimpanzees”: Reuters has this report.
A related blog post from the organization that filed the lawsuit can be accessed here.
“No political ads on public radio and TV, 9th Circuit Court rules”: Maura Dolan of The Los Angeles Times has this report.
Jonathan Stempel of Reuters reports that “U.S. court OKs ban on political ads on public TV, radio.”
Byron Tau of Politico.com has a blog post titled “Court OKs public broadcasting ad ban.”
At the “Hollywood, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Appeals Court Won’t Toss Public Television’s Corporate Advertising Ban.”
And at her “Trial Insider” blog, Pamela A. MacLean has a post titled “Public TV, Radio’s Paid Ad Ban Upheld.”
My earlier coverage of today’s en banc Ninth Circuit ruling appears at this link.
“Pa. court clerk defends gay-marriage licenses”: The Associated Press has a report that begins, “A suburban Philadelphia court clerk who defied Pennsylvania’s ban on same-sex marriage by signing licenses for scores of gay couples urged the state’s highest court Monday to overturn an order that required him to stop.”
“Court of Appeals to Open En Banc Proceedings to Internet Viewing”: The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
At her “Trial Insider” blog, Pamela A. MacLean has a post titled “9th Circuit Ready for a Close-up.”
And The Associated Press reports that “S.F. federal court to begin broadcasting proceedings online.”
“Miss. judge refuses to grant gay couple’s divorce”: The Associated Press has this report.
“SCOTUSblog on camera: J. Harvie Wilkinson, III — Part seven.” “SCOTUSblog” has posted this video online today, part seven of an eight-part interview. Tomorrow’s final installment, in addition to finally revealing the interview’s relevance to the U.S. Supreme Court, will also contain Judge Wilkinson’s explanation for why, despite having been born in New York City, his New York accent is now all but unnoticeable.
“Supreme Court asks Obama admin for views on Natural Gas Act fight”: Jeremy P. Jacobs of Greenwire has this report.
“U.S. court upholds ban on political, other ads on public TV”: Reuters has this report on a ruling that an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
“Court seems wary in American Indian casino case”: The Associated Press has a report that begins, “The Supreme Court seemed wary of making any changes to tribal sovereignty laws as it considered whether Michigan can permanently block an American Indian casino.”
“Evaluating the Liability of Viewers of Child Pornography”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.
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 called for the views of the Solicitor General in one case. And a direct appeal was dismissed for lack of jurisdiction.
The Court also issued a per curiam ruling in Ford Motor Co. v. United States, No. 13-113, summarily vacating the decision of the U.S. Court of Appeals for the Sixth Circuit in a tax-related case.
In early news coverage, The Associated Press reports that “Justices won’t hear appeal of NY internet taxation” and “High court ends Liberty U. lawsuit over health law.”
Greg Stohr of Bloomberg News reports that “Amazon Rejected by U.S. High Court on New York Sales Tax” and “Ford Gets New Court Hearing on $445 Million Interest Bid.”
Reuters reports that “U.S. top court declines to hear online retailers tax case“; “U.S. Supreme Court throws out Ford tax ruling“; and “U.S. justices decline to hear another Obamacare challenge.”
And at “SCOTUSblog,” Lyle Denniston has a post titled “Challenge to ACA employer mandate fails.”
“Alabama’s Lightning-Strike Death Penalty System”: Kenneth Jost has this post at his blog, “Jost On Justice.”
“Our Broken Constitution: Everyone agrees that government isn’t working; Are the founders to blame?” Jeffrey Toobin has this “Annals of Law” article (subscription required for full access) in the December 9, 2013 issue of The New Yorker.
Also in that issue, Douglas Starr has an article headlined “The Interview: Do police interrogation techniques produce false confessions?” (subscription required for full access).
“Contraceptive cases raise religious liberty issues”: Jennifer Haberkorn of Politico.com has this report today.
“Death sentence for Craigslist killer to go before Florida Supreme Court”: Today’s edition of The Florida Times-Union of Jacksonville contains an article that begins, “A man who killed a Navy wife after answering her personal ad on Craigslist may end up changing the way death-penalty cases are defended in Florida.”
“Stakes high as U.S. Supreme Court hears Michigan tribal case on gaming dispute”: This front page article appears today in The Detroit Free Press.
And Michigan Radio reports that “Tribal sovereignty at issue in US Supreme Court case out of Michigan.”
“Supreme Court busy looking for cases — but finding fewer than usual”: Robert Barnes will have this article in Monday’s edition of The Washington Post.
