“How the G.O.P. Outsourced the Judicial Nomination Process”: Linda Greenhouse has this essay online at The New York Times.
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Friday, July 22, 2016
“How the G.O.P. Outsourced the Judicial Nomination Process”: Linda Greenhouse has this essay online at The New York Times. Posted at 10:00 AM by Howard BashmanThursday, July 21, 2016
“Museums win bid to keep antiquities”: The Chicago Daily Law Bulletin has an article that begins, “A federal appeals court Tuesday declined to clear the way for victims of a terrorist attack financed by Iran to use ancient Persian artifacts to help satisfy a $71.5 million judgment against that nation.” You can access Tuesday’s ruling of the U.S. Court of Appeals for the Seventh Circuit at this link. Posted at 10:16 PM by Howard Bashman“Why do securities class actions drag on once SCOTUS gets involved?” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post today. Posted at 8:15 PM by Howard Bashman“Texans may use postcard, affidavit for voter ID after court faults law”: Jon Herskovitz of Reuters has this report. Posted at 8:09 PM by Howard Bashman“Southwest, Delta feud over Love Field headed back to court”: Dallas Business Journal has an article that begins, “Southwest Airlines and Delta have received a Sept. 26 court date for oral arguments to a federal appeals panel in the carriers’ feud over gate space at Dallas’ Love Field.” Posted at 7:54 PM by Howard Bashman“Rulings may make voter ID laws presidential race nonfactors”: The Associated Press has this report. Posted at 7:20 PM by Howard Bashman“Burning the Flag Is OK, But Starting Fires Sometimes Isn’t”: Online today at Bloomberg View, law professor Noah Feldman has an essay that begins, “The man who established the constitutional right to burn the American flag almost 30 years ago may go to prison for doing the same thing outside the Republican National Convention in Cleveland yesterday.” Posted at 4:26 PM by Howard Bashman“90 Second Recess with Bloomberg BNA”: Josh Blackman has this post today at his blog. You can view the video of Blackman’s interview with Kimberly Robinson of Bloomberg BNA via this link. Posted at 4:22 PM by Howard Bashman“The Clerk, The Thief, His Life As A Baker: Visiting Judge Tells Story of 1919 Supreme Court Leak.” Chinwe Chukwuogo has this post online at the web site of the University of Chicago Law School. Posted at 4:08 PM by Howard Bashman“ACLU Taps Constitutional Expert David Cole as National Legal Director; High-Profile Litigator, Scholar, and Prominent Author Will Direct Legal Program for Premier Civil Liberties Organization”: The American Civil Liberties Union issued this news release today. Posted at 4:02 PM by Howard Bashman“SCOTUS Usually Steers Clear of Politics . . . Sort of”: Kimberly Robinson of Bloomberg BNA has this report. Posted at 3:56 PM by Howard Bashman“Government Playbook for Prosecutors Should Be Public”: Law professor Noah Feldman has this essay online at Bloomberg View. Posted at 3:54 PM by Howard Bashman“Texas voter photo ID law nullified”: Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center. And in today’s edition of The Austin American-Statesman, Julie Chang and Tim Eaton have a front page article headlined “Appeals court strikes down Texas voter ID law.” Posted at 3:48 PM by Howard Bashman“The Voting Rights Act Might Get Some Teeth Back: Thanks to an appeals ruling, Texas’ discriminatory voting laws could end up under federal oversight.” Law professor Richard L. Hasen — author of the “Election Law Blog” — has this jurisprudence essay online today at Slate. And online today at Bloomberg View, law professor Noah Feldman has an essay titled “Political Reality Smacks Down Texas’ Voter ID Law.” Posted at 3:36 PM by Howard Bashman“Suit: Wording of Pa. referendum on judges’ retirement age ‘deceitful'”: Angela Couloumbis of The Philadelphia Inquirer has an article that begins, “Two former Pennsylvania Supreme Court justices and one of the region’s most prominent lawyers filed suit Thursday to stop an eleventh-hour change in wording to an upcoming ballot question raising the retirement age for judges, calling it an attempt to hoodwink voters and influence the outcome.” In the April 2016 installment of my monthly “Upon Further Review” column published in The Legal Intelligencer — headlined “Delay of Vote on Judicial Retirement Age Could Make One Cynical” — I offered a similar take on the delay and rewording of Pennsylvania’s judicial retirement age increase ballot proposal. Posted at 2:41 PM by Howard Bashman“Judge Garland’s Nomination, Day 126”: Jeffrey Rosen had this op-ed in yesterday’s edition of The New York Times. Posted at 7:14 AM by Howard BashmanWednesday, July 20, 2016
“[A] federal judge always is disqualified from hearing a collateral attack on a judgment he or she entered or affirmed as a state judge”: So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit in an opinion that Circuit Judge Frank H. Easterbrook issued today. Posted at 11:44 PM by Howard Bashman“Court reinstates Ohio’s Freddie Mac suit over pension losses”: The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today. Posted at 11:35 PM by Howard Bashman“Pants on fire: Man ignites himself while burning American flag outside RNC.” Adam Ferrise of The Cleveland Plain Dealer has this report. According to the article, “A witness to the protest said Gregory Lee ‘Joey’ Johnson lit the flag on fire is now demanding that he be released from custody. Johnson is famous for a legal battle that set a U.S. Supreme Court precedent in 1989 that says burning an American flag is protected speech.” And The Associated Press reports that “Arrestee involved in original flag burning case.” Posted at 11:22 PM by Howard Bashman“U.S. appeals court voids forfeiture of Iran-linked New York office tower”: Jonathan Stempel of Reuters has this report. And The Associated Press reports that “US court reverses record forfeiture order over Iran assets.” You can access here and here today’s two rulings of the U.S. Court of Appeals for the Second Circuit in this matter. Posted at 11:14 PM by Howard Bashman“Appeals court says Texas voter-ID law discriminates against minorities”: Robert Barnes of The Washington Post has this report. Manny Fernandez and Erik Eckholm of The New York Times report that “Federal Court Rules Texas’ ID Law Violates Voting Rights Act.” Jess Bravin of The Wall Street Journal reports that “Federal Court Orders Texas to Change Voter ID Law Before November; Ruling says law violates the Voting Rights Act.” Richard Wolf of USA Today reports that “Appeals court strikes down Texas voter ID law.” Jamie Lovegrove of The Dallas Morning News reports that “Appeals court calls Texas voter ID law discriminatory, orders changes.” Jon Herskovitz and Lawrence Hurley of Reuters report that “U.S. appeals court finds Texas voter ID law discriminatory.” The Associated Press has a report headlined “Appeals court: Texas voter ID law discriminates; orders fix.” Ariane de Vogue of CNN.com has an article headlined “Appeals court: Texas voter ID law violates Voting Rights Act.” Josh Gerstein of Politico.com has an article headlined “Appeals court: Texas voter ID law violates Voting Rights Act; Identification-check law looks likely to be watered down in November.” Jim Malewitz of The Texas Tribune reports that “Texas Voter ID Law Violates Voting Rights Act, Court Rules.” Kim Bellware of The Huffington Post reports that “Appeals Court Strikes Down Texas Voter ID Law As Violation Of Voting Rights Act; The nation’s strictest voter ID law was ruled to be racially discriminatory.” This evening’s broadcast of NPR’s “All Things Considered” contained an audio segment titled “Appeals Court Demands Changes To Texas Voter ID Law.” And at his “Election Law Blog,” Rick Hasen has a post titled “Divided 5th Circuit Holds Texas Voter ID Law Violates Voting Rights Act.” You can access today’s en banc ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. Posted at 8:32 PM by Howard Bashman“Still A Conservative Court”: Adam Feldman has this post today at his “Empirical SCOTUS” blog. Posted at 7:50 PM by Howard Bashman“Perhaps previewing coming SCOTUS work in Beckles, four Eleventh Circuit judges make case against circuit’s refusal to apply Johnson to guidelines”: Douglas A. Berman had this post yesterday at his “Sentencing Law and Policy” blog about several quite interesting separate opinions that a few different judges serving on the U.S. Court of Appeals for the Eleventh Circuit issued recently. Although eight of the 11 judges now in regular active service on the Eleventh Circuit were the appointees of Democratic presidents, that federal appellate court remains far from a liberal bastion when it comes to criminal justice matters. Nevertheless, as Berman’s post explains, “Circuit Judges Wilson and (Jill) Pryor and Rosenbaum and Martin [recently issued separate opinions] all explaining why they think Matchett is so wrong and so troublesome as we await a SCOTUS ruling in Beckles.” Four of the five judges whom President Obama has appointed to the Eleventh Circuit are women, and they have not hesitated to speak up when they disagree about the conservative path that the Eleventh Circuit has frequently chosen to follow in criminal justice matters. Posted at 7:45 PM by Howard Bashman“Justice Ginsburg: Political and Efficient All Wrapped Up in One.” Adam Feldman had this post Monday at his “Empirical SCOTUS” blog. Posted at 6:00 PM by Howard BashmanTuesday, July 19, 2016
“Court denies white supremacist Matthew Hale appeal”: The Associated Press has a report that begins, “Another appeal by a white supremacist convicted in 2004 for soliciting the murder of a federal judge in Chicago has been rejected.” You can access today’s ruling of the U.S. Court of Appeals for the Tenth Circuit at this link. Posted at 11:02 PM by Howard BashmanSeventh Circuit pens latest chapter of the Prenda Law saga: You can access today’s ruling of the U.S. Court of Appeals for the Seventh Circuit at this link. According to the opinion, “Hansmeier, Steele, and Duffy were the members of a shifting and overlapping set of law firms and business entities that a district court dubbed a ‘porno-trolling collective.'” Posted at 10:54 PM by Howard Bashman“Arkansas execution case could lead court to revisit Oklahoma”: The Associated Press has this report. Posted at 9:02 PM by Howard Bashman“Obama administration wants immigration case back at Supreme Court”: Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center. And online at Bloomberg View, law professor Noah Feldman has an essay titled “Immigration Case Deserves Another Day in the Supreme Court.” Posted at 8:55 PM by Howard Bashman“Virginia high court considers whether McAuliffe erred in restoring felons’ voting rights”: Fenit Nirappil of The Washington Post has this report. And Michael Martz of The Richmond Times-Dispatch reports that “Gov. Terry McAuliffe’s refusal to release rights restoration list dismays Supreme Court.” Posted at 3:33 PM by Howard Bashman“White House Asks Supreme Court for New Review of Immigration Policy With 9 Justices; High court deadlocked 4-4 over appeal of lower court ruling that blocked president’s plan for four million illegal immigrants”: Jess Bravin of The Wall Street Journal has this report. Posted at 3:24 PM by Howard Bashman“Voting challenges head toward the Supreme Court: 4 cases to watch.” Ariane de Vogue of CNN.com has this report. Posted at 3:18 PM by Howard Bashman“The Real Reason Why Judges Should Keep Quiet About Elections: The restrictions remind judges to aspire to be apolitical.” Law professor Richard L. Hasen and Dahlia Lithwick have this jurisprudence essay online at Slate. Posted at 1:24 PM by Howard Bashman“Court: Feds need not release post-Ted Stevens evidence guide.” Josh Gerstein of Politico.com has a blog post that begins, “A federal appeals court has declared that the Justice Department need not make public a guide to when prosecutors should disclose evidence to defendants in criminal cases, but two of the three judges deciding the case took the unusual step of indicating that they believe the manual should be public.” You can access today’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. Posted at 11:55 AM by Howard Bashman“Justices, Like Any Other Judges, Should Not Be Partisans: a Response to Eric Segall.” Steve Sanders had this post Sunday at “Dorf on Law.” Posted at 11:06 AM by Howard Bashman“Letting Prosecutors Write the Law: It’s more common than you think.” Andrew Cohen has this article online at The Marshall Project. Posted at 11:05 AM by Howard Bashman |
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