“Supreme Court Votes 7-2 To Legalize All Worldly Vices”: The Onion has this news brief.
Posted at 9:24 PM by Howard Bashman
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![]() Wednesday, May 16, 2018
“Supreme Court Votes 7-2 To Legalize All Worldly Vices”: The Onion has this news brief. Posted at 9:24 PM by Howard Bashman“21 Trump Appellate Nominees Now Confirmed”: Patrick Gregory of Bloomberg Law has this report. Posted at 4:36 PM by Howard Bashman“Justice Department appeals order to disclose Clinton grand jury records”: Josh Gerstein of Politico has a blog post that begins, “The Trump administration is again fighting for greater secrecy in a Clinton-focused investigation: this time, the independent counsel probe that explored President Bill Clinton’s relationship with White House intern Monica Lewinsky.” Posted at 4:32 PM by Howard Bashman“Justice Ginsburg’s Groundbreaking Opinion in McCoy Revives Criminal Defendants’ Right to Autonomy”: Mark Joseph Stern has this jurisprudence essay online at Slate. Posted at 4:30 PM by Howard Bashman“Sports betting decision may empower states in other areas, from marijuana laws to sanctuary cities”: Richard Wolf of USA Today has this report. Posted at 4:26 PM by Howard Bashman“The State of the States Before the Supreme Court”: Adam Feldman has this post at his “Empirical SCOTUS” blog. Posted at 4:22 PM by Howard BashmanIn today’s mail: I received an advance copy of Sixth Circuit Judge Jeffrey S. Sutton‘s new book, “51 Imperfect Solutions: States and the Making of American Constitutional Law.” The book’s official on-sale date is June 4, 2018. Posted at 4:20 PM by Howard BashmanTuesday, May 15, 2018
Programming note: Due to some upcoming family-related travel on Wednesday morning and early afternoon, additional posts will not appear here until later Wednesday afternoon or Wednesday evening. As always while I am traveling, appellate-related retweets are more likely to appear on this blog’s Twitter feed. Posted at 10:32 PM by Howard BashmanEleventh Circuit grants rehearing en banc to consider whether “the risk of force clause in 18 U.S.C. sec. 924(c)(3)(B) is unconstitutionally vague in light of Sessions v. Dimaya?” You can access today’s order of the U.S. Court of Appeals for the Eleventh Circuit granting rehearing en banc at this link. The original, unanimous three-judge panel’s ruling in the case can be accessed here. And a letter listing the issues before the en banc court can be viewed at this link. Earlier this month, I had this post about a related Tenth Circuit decision holding that sec. 924(c)(3)(B) is in fact unconstitutionally vague in the aftermath of Dimaya. Posted at 10:20 PM by Howard Bashman“Man wrongly imprisoned for 20 years can sue San Francisco police over false evidence claims”: Bob Egelko of The San Francisco Chronicle has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued last Friday. Posted at 10:00 PM by Howard Bashman“9th Circuit hears arguments on Trump administration’s bid to end protection for ‘Dreamers'”: Maura Dolan of The Los Angeles Times has this report. Matt Zapotosky of The Washington Post reports that “Appeals court hears arguments on DACA — but offers few clues on how it might rule.” Brent Kendall of The Wall Street Journal reports that “Appeals Court Questions Grounds for Canceling Policy on ‘Dreamers’; Trump’s effort to end DACA program reviewed for first time by appellate judges.” Stephen Dinan of The Washington Times reports that “Trump’s tweets could sink efforts to end DACA, appeals court says; Judge: Immigration comments may have influenced then-acting homeland security secretary’s decision.” Sudhin Thanawala of The Associated Press reports that “Judges hear arguments, ask questions on immigration program.” Mica Rosenberg and Lucy Nicholson of Reuters report that “U.S. judges weigh fate of program protecting young immigrants.” Ariane de Vogue of CNN reports that “Appeals court judges question Trump move to end DACA.” And Lydia Wheeler of The Hill reports that “Court appears skeptical of allowing Trump to end DACA.” The U.S. Court of Appeals for the Ninth Circuit has posted the video of today’s oral argument on YouTube at this link. Posted at 9:56 PM by Howard Bashman“Supreme Court’s embrace of states’ rights could aid California in its battle with the Trump administration”: David G. Savage of The Los Angeles Times has this report. Posted at 7:55 PM by Howard Bashman“At Mueller Probe’s First Trial, Expect More Blunt Lectures From the Bench; Judge in Paul Manafort case, who questioned special counsel Robert Mueller’s authority to bring it, is known for stern rebukes and emotional asides”: Aruna Viswanatha of The Wall Street Journal has an article that begins, “Former prosecutor Gene Rossi learned to expect lectures and humiliation when he appeared before U.S. District Judge T.S. Ellis, who regularly ridiculed his arguments.” Posted at 7:52 PM by Howard Bashman“Just Let Them Eat Cake: What a decision in the Supreme Court’s Masterpiece Cakeshop case means for the food industry — and LGBTQ rights.” Andrea Strong has this report online at Eater. Posted at 7:18 PM by Howard Bashman“Arkansas judge bars TV ads attacking state Supreme Court justice. Is that constitutional?” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post. And at “The Volokh Conspiracy,” Eugene Volokh has a post titled “Arkansas Judge Issues Temporary Restraining Order Against Allegedly Libelous Political Ad; The ad criticizes Arkansas Supreme Court Justice Courtney Goodson; the TRO that she just got today is almost certainly an unconstitutional prior restraint.” Posted at 7:08 PM by Howard Bashman“Justice Britt Grant — Nominee for the U.S. Court of Appeals for the Eleventh Circuit”: Daniel B. Tilley has this post at “The Vetting Room” blog. Posted at 6:20 PM by Howard Bashman“Two new confirmations bring Trump’s circuit judges to 21”: Alex Swoyer of The Washington Times has this report. And Tim Ryan of Courthouse News Service reports that “Senate Confirms Two Circuit Court Nominees, One Narrowly.” This afternoon, the U.S. Senate confirmed Joel M. Carson III to serve on the U.S. Court of Appeals for the Tenth Circuit by a vote of 77-to-21. And the Senate also confirmed John B. Nalbandian to serve on the U.S. Court of Appeals for the Sixth Circuit by a vote of 53-to-45. Posted at 3:50 PM by Howard Bashman“For women in law, ‘RBG’ is their superhero movie”: Henry Gass of The Christian Science Monitor has this report. And at the “Democracy in America” blog of The Economist, Steven Mazie has a post titled “Notorious RBG: How Ruth Bader Ginsburg became a trailblazer for gender equality; A new documentary highlights the 85-year-old jurist’s work two decades before she joined the Supreme Court.” Posted at 3:40 PM by Howard Bashman“Pritzker alumnus confirmed to US Court of Appeals”: Jonah Dylan of The Daily Northwestern has this report. Posted at 1:14 PM by Howard Bashman“Priority of Precedent: When Same-Day Federal Circuit Opinions are in Tension.” Dennis Crouch has this post at his “Patently-O” blog. Posted at 1:02 PM by Howard Bashman“Supreme Court declines to hear ‘podcasting patent’ case, handing win to EFF; Back in 2015, Personal Audio’s claimed patent was invalidated by a federal court”: Cyrus Farivar of Ars Technica has this report. Posted at 12:58 PM by Howard Bashman“Supreme Court establishes a broad new protection for states’ independence”: Lyle Denniston has this post at the “Constitution Daily” blog of the National Constitution Center. Posted at 12:53 PM by Howard Bashman“Pa. Supreme Court hears arguments on Philly soda tax”: Laura McCrystal of The Philadelphia Inquirer has this report. Posted at 12:50 PM by Howard Bashman“The Coming Resurrection of Raoul Berger? A Remembrance of Government by Judiciary.” Stephen Presser has this post at the Law and Liberty blog. Posted at 12:38 PM by Howard Bashman“Byrd v. United States: The Supreme Court Takes a Broad View of Fourth Amendment Standing; An interesting new ruling in the rental car case.” Orin Kerr has this post at “The Volokh Conspiracy.” Posted at 10:08 AM by Howard Bashman“1st appeals court to weigh Trump’s decision to end DACA”: Sudhin Thanawala of The Associated Press has this report. And Kartikay Mehrotra of Bloomberg News reports that “Dreamers Face Crucial Test as Trump Urges Court to Undo Policy.” The appeal will be argued at 1 p.m. pacific time (4 p.m. eastern time) in Pasadena before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, consisting of Circuit Judges Kim McLane Wardlaw, Jacqueline H. Nguyen, and John B. Owens. The Ninth Circuit will stream the oral argument live on YouTube via this link. Posted at 10:05 AM by Howard BashmanMonday, May 14, 2018
“Three Cheers for Federalism: Justice Alito’s fantastic opinion striking down the federal ban on sports betting shows federalism can be good for liberals.” Mark Joseph Stern has this jurisprudence essay online at Slate. And online at Bloomberg View, law professor Noah Feldman has an essay titled “Sports Betting Is a Victory for States’ Rights; The Supreme Court rules that the federal government can’t ban New Jersey from passing a new gambling law.” Posted at 10:12 PM by Howard Bashman“Pensacola’s Bayview Park cross lawsuit appeal hearing set for Wednesday in Atlanta”: Jim Little has this front page article in today’s edition of The Pensacola News Journal. And Lawrence Specker of AL.com has an article headlined “Must Pensacola cross come down? Appeal arguments to be heard this week.” Posted at 10:05 PM by Howard Bashman“Hustler Hollywood loses appeal in effort to locate near Chuck E. Cheese’s in Castleton”: Mark Alesia of The Indianapolis Star has this report. My earlier coverage of last Monday’s Seventh Circuit ruling can be accessed here. Posted at 10:00 PM by Howard Bashman“Court of Appeals judge ‘struggled’ over chimp rights fight”: Robert Gavin of The Times Union of Albany, New York has this report. Posted at 9:52 PM by Howard Bashman“Prosecutors ask Maryland’s highest court to reverse ruling of new trial for ‘Serial’ subject Adnan Syed”: Tim Prudente of The Baltimore Sun has this report. And Brian Witte of The Associated Press reports that “Prosecutors seek to stop new trial in ‘Serial’ podcast case.” Posted at 9:50 PM by Howard Bashman“Retired Supreme Court judges object to 50-year embargo on documents: ‘Too long for any useful purpose.'” Sean Fine of The Toronto Globe and Mail has an article that begins, “Two retired judges of the Supreme Court of Canada say 50 years is too long to seal internal court documents revealing the communications between judges on cases.” Posted at 9:45 PM by Howard Bashman“State Supreme Court justice files suits against broadcasters to stop ads from airing; 1 judge orders halt”: John Moritz of The Arkansas Democrat-Gazette has an article that begins, “A judge in Washington County has issued a temporary restraining order to several television broadcasters, ordering them to stop airing ads against Supreme Court Justice Courtney Goodson that her lawyers claim are ‘false, misleading and defamatory.'” Posted at 9:40 PM by Howard Bashman“Liberals can’t have their cake and eat it too in Supreme Court case”: Law professor Jonathan Turley has this essay online at The Hill. Posted at 9:38 PM by Howard Bashman“Supreme Court rules rental car drivers have some right to privacy from police searches”: Alex Swoyer of The Washington Times has this report. Jessica Gresko of The Associated Press reports that “Supreme Court greenlights driver rights in rental car case.” Andrew Chung of Reuters reports that “Supreme Court puts brakes on police searches of rental cars.” Greg Stohr of Bloomberg News reports that “U.S. Supreme Court Limits Police Rental-Car Searches.” And Ariane de Vogue and Maegan Vazquez of CNN report that “Supreme Court upholds privacy rights for unauthorized rental car drivers in search and seizure case.” Posted at 9:34 PM by Howard Bashman |
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