It’s “its”: Or at least it should be in the concluding paragraph of this opinion (archived copy here) that a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit issued today.
Do concurring judges really think it is more considerate to their authoring colleague not to point out an obvious typo in an opinion?
“Appeals court puts temporary hold on same-sex marriage recognition in Utah”: Dennis Romboy of The Deseret News has this update.
And Marissa Lang of The Salt Lake Tribune has a news update headlined “10th Circuit Court extends stay in Utah ruling validating gay marriages.”
You can view today’s order of the U.S. Court of Appeals for the Tenth Circuit at this link.
“Albany County cyber-bullying law lands in Court of Appeals”: The Times Union of Albany, New York has this news update.
“Local court grants injunction for Catholic employers from healthcare mandate on contraceptives; Oklahoma City Archdioceses among plaintiffs in lawsuit challenging part of Affordable Care Act”: The Oklahoman has this news update.
“Appeals court admits screw-up — terror case hearing wasn’t recorded”: The Chicago Tribune has a news update that begins, “The clerk of the federal appeals court in Chicago said today his office ‘screwed up’ in not recording the audio of historic arguments Wednesday over whether attorneys for a local terrorism suspect should be allowed to view confidential surveillance documents filed in the case.”
“No audio of vital Chicago federal court hearing”: The Associated Press has this report.
“Not Your Law School Graduation Speaker: Progressive law students won’t hear from the lions of the Warren Court again this week.” Law professor David Fontana has this jurisprudence essay online today at Slate.
“Catholic group exempt from contraceptives rule”: The Associated Press has this report.
“Arizona prisoners given OK for class-action suit against prisons for cruel and unusual treatment”: Howard Fischer of The East Valley Tribune has a news update that begins, “A federal appeals court gave the go-ahead today to a class-action lawsuit by inmates in Arizona prisons who allege they and others are being subject to unconstitutional cruel and unusual treatment.”
Circuit Judge Stephen Reinhardt wrote today’s ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Update: In other coverage, The Arizona Republic reports that “Arizona prisoners win class-action status in health suit.”
And at her “Trial Insider” blog, Pamela A. MacLean has a post titled “Prisoners Win Class Cert in Solitary Confinement Challenge.”
“On the front lines of the battle over the press pass”: Tom Goldstein has this post today at “SCOTUSblog.”
“Even if credit card information listed on secured receipts could somehow cause anxiety, there is no allegation the shoppers suffered so much as a sleepless night or any other psychological harm.” So observes a dissenting opinion that Chief Judge William Jay Riley issued today from a ruling of the U.S. Court of Appeals for the Eighth Circuit in a case in which the plaintiffs alleged that Sam’s Club had violated the Fair and Accurate Credit Transactions Act.
“This case calls on us to explore the limits of copyright protection for architectural works.” So begins a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
“What Does the McCutcheon Decision Say about Democracy?” William Hogeland has this essay online at Boston Review.
“The Supreme Court is struggling to rein in America’s rogue patent court”: Timothy B. Lee has this post online at Vox.
“John Roberts’ Constitutional Avoidance: In Bond v. United States, the chief justice used a ‘saving construction’ to avoid a constitutional showdown; Sound familiar?” Damon Root has this essay at Reason.com.
“Utah to appeal decision requiring recognition of same-sex marriages”: Dennis Romboy of The Deseret News has this report.
And The Salt Lake Tribune reports that “Utah appealing ruling that validates gay marriages; Facing Monday deadline, Utah opts to challenge district judge’s order.”
“As Senate Runs Out Of Judges To Confirm, Dozens Of Courts Still Sit Empty With No Nominees”: Jennifer Bendery of The Huffington Post has this report.
“Lake Chelan ferry service appeal won’t be heard by Supreme Court”: The Spokesman-Review of Spokane, Washington has this report.
“Lesbian nominated to Puerto Rico Supreme Court”: The Washington Blade has this report.
And in local coverage, El Nuevo Día reports that “Garcia Padilla designa a Maite Oronoz al Tribunal Supremo.”
“Could Ninth Circuit send abortion back to the Supreme Court?” Jonathan H. Adler has this post today at “The Volokh Conspiracy.”
“Four in running for Del. Supreme Court vacancy”: Today’s edition of The News Journal of Wilmington, Delaware contains a front page article that begins, “The state panel that recommends candidates for Gov. Jack Markell to consider to fill a Delaware Supreme Court vacancy has offered four names, including a judge at the center of a controversial sentencing of du Pont heir Robert Richards IV in the rape of his daughter.”
One more reason not to retire from the U.S. Supreme Court too early — you might get stuck deciding an appeal involving the meaning of the word “willfully” in a federal statute criminalizing “knowingly and willfully obstructing the passage of mails”: Retired Justice David H. Souter issued this opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit.
“Supreme Court appointments: Still more questions than answers.” Law professor Carissima Mathen has this essay online at The Toronto Globe and Mail.
“Cyberbullying Law Challenged in Court; New York Jurists to Decide if Criminal Statute Violates Freedom of Speech; Other States and Localities Await Precedent”: In Thursday’s edition of The Wall Street Journal, Joe Palazzolo will have an article that begins, “New York’s high court on Thursday will consider one of the first legal challenges to state and local laws that make it a crime for people to bully others online, especially children.”
“City Soda Fight, in Court, Tests Agency’s Power”: This article will appear in Thursday’s edition of The New York Times.
My earlier coverage of today’s oral argument in the New York State Court of Appeals can be accessed here.
“Golden Globes Lawsuit Hits Appeals Court: HFPA Says Judge Made ‘Significant Mistake’; An HFPA lawyer argues that the Ninth Circuit Court of Appeals should reverse a ruling that Dick Clark Productions can produce the Globes as long as the show is on NBC.” Alex Ben Block has this post today at the “Hollywood, Esq.” blog of The Hollywood Reporter.
“Gitmo Fail: Obama promised to close Guantanamo; Why is he releasing dangerous detainees and ignoring the rest?” Emily Bazelon has this essay online at Slate.
“When Global Warming Kills Your God: Twenty-three Alaskan tribesmen broke the law when they overfished king salmon, but they claim their faith gave them no other choice.” Adam Weymouth has this article online at The Atlantic.
“New York City seeks to reinstate large soda ban”: Reuters has a report that begins, “An attorney for New York City has asked the state’s top court to revive a ban on large sugary drinks, saying the city’s health department has the power to ban any products, even hamburgers, that pose a health risk.”
Bloomberg News reports that “NYC Asks Top Court to Revive Bloomberg’s Big-Soda Ban.”
And The Associated Press reports that “State court considers restoring NYC big-soda ban.”
“Court: BP must pay Clean Water Act fines for spill.” The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued today.
“Supreme Court Rebuffs Call to End Same-Sex Marriages in Oregon”: Adam Liptak of The New York Times has this news update.
The Oregonian has a news update headlined “Gay marriage: Supreme Court declines to halt same-sex marriages in Oregon.”
And at “SCOTUSblog,” Lyle Denniston has a post titled “Court won’t block Oregon same-sex marriages.”
“Lawyers spar on secret-court documents in Chicago”: The Associated Press has a report that begins, “A federal appeals court in Chicago has heard oral arguments over surveillance issues highlighted during the past year by disclosures from onetime government contractor Edward Snowden.”
“American Lawyer publisher sold back to Wasserstein & Co”: Reuters has this report.
And the “DealBook” blog of The New York Times has a post titled “Wasserstein & Co. to Buy Back American Lawyer.”
“Any expressive aspects of Osinger’s speech were not protected under the First Amendment because they were ‘integral to criminal conduct’ in intentionally harassing, intimidating or causing substantial emotional distress to V.B.” So held a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in a decision issued today upholding a defendant’s federal conviction for the offense of stalking.
“Defendant’s appeal gets his sentence increased(!) from 30+ years to LWOP”: At his “Sentencing Law and Policy” blog, Douglas A. Berman has this post today about an interesting ruling that a divided three-judge panel of the U.S. Court of Appeals for the First Circuit issued yesterday.