How Appealing


Friday, January 27, 2012

"10th Circuit upholds Stolen Valor Act": The Denver Post has this news update on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued today.

Circuit Judge Timothy M. Tymkovich wrote the majority opinion, in which Senior Circuit Judge Bobby Ray Baldock joined. Circuit Judge Jerome A. Holmes issued a dissenting opinion.
Posted at 02:15 PM by Howard Bashman




"Civil rights law on Supreme Court's mind": Reuters has a report that begins, "A recent decision by the U.S. Supreme Court that dealt with a narrow issue in a redistricting case from Texas suggests that the nation's top court is ready to reconsider a key part of the Voting Rights Act, a major piece of civil rights legislation."
Posted at 01:38 PM by Howard Bashman




"Judge Sentences Komisarjevsky To Death; Moments Earlier, Killer Tells Court He Has To Learn To Forgive Himself": The Hartford Courant has this news update.

And The Associated Press reports that "Conn. home invasion killer is sentenced to death."
Posted at 01:20 PM by Howard Bashman




"Expelled EMU counseling student wins OK to sue after refusal to advise gays, lesbians": David Ashenfelter of The Detroit Free Press has an update that begins, "An Eastern Michigan University student who was expelled from a counseling program because she refused to counsel gays and lesbians about their lifestyles won a key victory today in the U.S. 6th Circuit Court of Appeals."

Circuit Judge Jeffrey S. Sutton wrote the opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.
Posted at 01:10 PM by Howard Bashman




"Alright, Fine, I'll Add a Disclaimer to My Emails": Attorney James Sinclair's excellent email disclaimer posted at McSweeney's is mentioned at the conclusion of a front page article headlined "Warning: If the Email You Just Read Isn't for You, Don't Read It; Disclaimers Proliferate, but Some Wonder About Words; Confidential Lunch Order" published in today's edition of The Wall Street Journal.
Posted at 11:58 AM by Howard Bashman




"Clarence Thomas honored at Holy Cross; 'Lonely kid' returns to alma mater": The Worcester (Mass.) Telegram & Gazette contains this article today.

The Associated Press reports that "Clarence Thomas celebrates Mass. mentor."

And New England Cable News offers a video report.

Today, the College of the Holy Cross issued a news release headlined "Justice Clarence Thomas '71 Receives Honorary Degree from Holy Cross; In remarks, gives praise to President Emeritus Fr. Brooks." Holy Cross has posted online the text of the Honorary Degree Citation at this link.
Posted at 11:38 AM by Howard Bashman




Thursday, January 26, 2012

"Puerto Rico trip by Supreme Court justices angers politicians waiting for reapportionment opinion": The Patriot-News of Harrisburg, Pennsylvania has this update.

The Pittsburgh Tribune-Review has a news update headlined "State justices drop bombshell, hurry to tropics."

And The Philadelphia Inquirer has a news update headlined "GOP blasts Justice Baer for Pa. remapping comments."
Posted at 11:16 PM by Howard Bashman




"Student Faces Town's Wrath in Protest Against a Prayer": This article will appear Friday in The New York Times.
Posted at 10:33 PM by Howard Bashman




"Obama, senators at odds over picks; ABA vetting shows White House wants Pryor for 11th Circuit, Cohen for district court; senators want opposite": R. Robin McDonald has this article today in The Fulton County Daily Report.
Posted at 06:17 PM by Howard Bashman




"DOJ Defends Keeping Bin Laden Death Photos Secret": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 05:27 PM by Howard Bashman




"Sotomayor connects Guam, Puerto Rico": This article appears in Friday's edition of The Pacific Daily News of Guam.
Posted at 05:00 PM by Howard Bashman




"11th Circuit asked to reinstate $19.6 million award against Hustler": The Associated Press has this report.
Posted at 04:58 PM by Howard Bashman




"Hating on the Ninth Circuit: Funny But a Little Depressing." Joe Palazzolo has this post at WSJ.com's "Law Blog."
Posted at 04:55 PM by Howard Bashman




"2d Cir. limits reach of NY law in long-awaited Chevron opinion": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 03:32 PM by Howard Bashman




"Appeals court rules against Chevron in Ecuador case": Reuters has a report that begins, "A federal appeals court threw out an injunction that Chevron Corp won to block enforcement of what it considers a fraudulent, multi-billion dollar judgment in Ecuador for polluting the Amazon jungle."

And The Associated Press has a report headlined "NY court: Judge can't block $18B Ecuador judgment" that begins, "A federal appeals court says a New York judge overstepped his authority when he tried to ban enforcement of an $18 billion judgment against Chevron Inc. for environmental damage in Ecuador."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. According to today's Second Circuit opinion, "The story of the conflict between Chevron and residents of the Lago Agrio region of the Ecuadorian Amazon must be among the most extensively told in the history of the American federal judiciary."
Posted at 11:03 AM by Howard Bashman




"Senators send White House names for judicial vacancies": Bill Rankin has this article today in The Atlanta Journal-Constitution.
Posted at 10:50 AM by Howard Bashman




"Obama's justices: They are less enamored of government power." Columnist Steve Chapman has this op-ed today in The Chicago Tribune.
Posted at 08:22 AM by Howard Bashman




"Pa. Supreme Court tosses out redrawn legislative districts; Justices consider legislative plan 'contrary to law'": This article appears today in The Pittsburgh Post-Gazette.

And The Pittsburgh Tribune-Review reports today that "Pa. Supreme Court tosses revised districts."
Posted at 08:20 AM by Howard Bashman




"Consumer Group: Supreme Court Favors Businesses." The Texas Tribune has an article that begins, "In the last 10 years, the majority of Texas Supreme Court decisions have favored corporate interests over consumers, and the panel of judges has repeatedly overstepped its authority by overturning jury verdicts and interpreting the law to benefit the rich, according to a scathing report set to be released today by consumer advocacy group Texas Watch."

And the organization Texas Watch has issued a news release headlined "Report: Decade-Long Review Shows Texas Supreme Court Is Activist, Ideological." You can access the report at this link.
Posted at 08:11 AM by Howard Bashman




"Guam welcomes Sotomayor": The Pacific Daily News of Guam contains this article today.
Posted at 08:05 AM by Howard Bashman




"For a Veteran, Disability Payment Is Long in Coming": This article appears today in The New York Times.

You can access the judgment order that the U.S. Court of Appeals for the Federal Circuit issued earlier this month at this link.
Posted at 07:58 AM by Howard Bashman




Wednesday, January 25, 2012

"En Banc Briefing Complete, Oral Argument Approaches in Michigan Affirmative Action Appeal": The "Sixth Circuit Appellate Blog" has this post today.
Posted at 10:56 PM by Howard Bashman




"Citizens United v. FEC decision proves justice is blind -- politically": Law professor Jeffrey Rosen has this essay tonight at Politico.com.
Posted at 10:45 PM by Howard Bashman




"Legality of Mobile Phone Tracking Still Unclear Despite Supreme Court GPS Decision": David Kravets has this post today at Wired.com's "Threat Level" blog.

Thursday's edition of The New York Times will contain an editorial entitled "GPS and the Right to Privacy."

And Thursday's edition of The Washington Post will contain an editorial entitled "The Supreme Court left too much unresolved with its GPS ruling."
Posted at 10:42 PM by Howard Bashman




"Wesley E. Brown, Oldest Judge in Nation's History, Dies at 104": A.G. Sulzberger is the author of this obituary, which will appear in Thursday's edition of The New York Times.
Posted at 10:30 PM by Howard Bashman




"A Judgeship With Prestige, and, Oh, What a Grand Room": This article will appear in Thursday's edition of The New York Times.
Posted at 10:27 PM by Howard Bashman




"Second Chances": At the "Opinionator" blog of The New York Times, Linda Greenhouse has a post that begins, "The Supreme Court's decision last week giving an Alabama death-row inmate who was abandoned by his lawyers a second chance at an appeal has been justly celebrated."
Posted at 10:25 PM by Howard Bashman




"The Political and the Personal: What the Supreme Court can learn from Gabby Giffords and Jeff Flake." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:14 PM by Howard Bashman




"Joan Biskupic is coming to Reuters as legal affairs editor-in-charge, a big title for a very talented journalist." So states Jack Shafer via Twitter.
Posted at 06:17 PM by Howard Bashman




"2nd Circuit throws wrench in GE tax machinations": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 06:14 PM by Howard Bashman




"Top Pa. court nixes district maps": The Philadelphia Inquirer has a news update that begins, "The Pennsylvania Supreme Court, by a 4-3 vote Wednesday, rejected a plan to remap the state's 203 House districts and 50 Senate districts."

The Pittsburgh Post-Gazette has a news update headlined "Court orders more work on new state House, Senate districts."

And The Associated Press reports that "State high court throws out legislative redistricting."

Today's ruling of the Supreme Court of Pennsylvania consists of an order and a dissenting statement.
Posted at 05:44 PM by Howard Bashman




"House GOP to draft bill replacing Obama health law": The Associated Press has a report that begins, "House Republican leaders are drafting a bill to replace President Barack Obama's health care overhaul if the Supreme Court strikes it down this summer."
Posted at 03:09 PM by Howard Bashman




"The Red Shoe Diaries, Law Blog Version": Ashby Jones has this post at WSJ.com's "Law Blog."
Posted at 01:06 PM by Howard Bashman




"Jones confounds the press": Tom Goldstein has this post at "SCOTUSblog."
Posted at 01:03 PM by Howard Bashman




"Montana Takes on Citizens United": Yesterday's edition of The New York Times contained this editorial.

And last Friday's broadcast of NPR's "On the Media" contained an audio segment entitled "Montana Goes Its Own Way on Citizens United" featuring Adam Liptak.
Posted at 11:15 AM by Howard Bashman




"Justice John Paul Stevens on How the Supreme Court Works; Supreme Court Justice Stevens discusses affirmative action, Citizens United, and his favorite chief justice": This interview appears online at U.S. News & World Report.
Posted at 11:11 AM by Howard Bashman




"Nelson, Johanns rose above the fray with confirmation of federal judge": Senior U.S. District Judge Richard G. Kopf of the District of Nebraska has this op-ed about the U.S. Senate's confirmation of his successor in today's edition of The Omaha World-Herald.
Posted at 11:09 AM by Howard Bashman




"Roberts to America: Trust us." At Politico.com, law professors William Yeomans and Herman Schwartz have an essay that begins, "Chief Justice John Roberts's response in his year-end report to the increasing controversy over the ethics of Supreme Court justices served to drive home the need for the high court to adopt reforms immediately."
Posted at 08:30 AM by Howard Bashman




"Gov. Christie's effort to bring diversity to N.J. Supreme Court deserves praise": This editorial appears today in The Newark Star-Ledger.
Posted at 08:22 AM by Howard Bashman




"Same-Sex Marriage May Hinge On Supreme Court": Yesterday evening's broadcast of NPR's "All Things Considered" contained this audio segment.
Posted at 08:14 AM by Howard Bashman




"Walmart Faces Long Battle On Sex Discrimination, Despite Supreme Court Ruling": Lila Shapiro of The Huffington Post has this report.
Posted at 08:09 AM by Howard Bashman




"Penn Law students assist professor in Supreme Court; The Supreme Court Clinic prepared 12 students for a case involving immigration law": The Daily Pennsylvanian contains this article today.
Posted at 08:07 AM by Howard Bashman




"Supreme Court, Legal Issues Stay Out of the Spotlight at State of the Union": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 08:06 AM by Howard Bashman




"A Wisconsin Judge's Refusal to Recuse": This editorial appears today in The New York Times.
Posted at 08:00 AM by Howard Bashman




"The Red-Sole Case: Can the color red be trademarked? Two luxury brands took to open court Tuesday to battle over the hue." Ashby Jones has this article today in The Wall Street Journal.

And The New York Post reports today that "Louboutin defends red-sole trademark."
Posted at 07:55 AM by Howard Bashman




"Pennsylvania Supreme Court may be affected by Orie scandal": This article appears today in The Philadelphia Inquirer.
Posted at 07:52 AM by Howard Bashman




"In Vt., an attorney general's losses raise doubts": The Associated Press has this report.
Posted at 07:50 AM by Howard Bashman




Tuesday, January 24, 2012

"Shoes and herrings are red in 2d Cir. Louboutin argument": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 09:00 PM by Howard Bashman




"Chuck Grassley's slam of OLC chief rankles some": Josh Gerstein of Politico.com has this blog post.
Posted at 06:14 PM by Howard Bashman




"Man Sues Supreme Court Marshal For Right to Hold Sign on Court Grounds": Zoe Tillman has this post at "The BLT: The Blog of Legal Times."
Posted at 05:30 PM by Howard Bashman




"Louboutin Seeks to Overturn Ruling on Yves Saint Laurent's Red-Soled Shoes": Bloomberg News has this report.
Posted at 05:26 PM by Howard Bashman




"Appeals court rules against GE in tax shelter case": Reuters has this report.

And Bloomberg News reports that "General Electric Co. Loses Appeal in IRS Partnership Tax Benefits Case."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 05:22 PM by Howard Bashman




"Federal appeals court hears NASCAR drug case": The Associated Press has this updated report.
Posted at 05:17 PM by Howard Bashman




"Megaupload, meet Morrison": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 01:46 PM by Howard Bashman




"All Hail Samuel Alito, Privacy Champion Extraordinaire!" Law professor Jeffrey Rosen has this essay online at The New Republic.

Online at The Atlantic, Garrett Epps has an essay entitled "Justice Scalia Turns to 18th-Century Wisdom for Guidance on GPS."

And online at Slate, Dahlia Lithwick has a jurisprudence essay entitled "Alito vs. Scalia: The two conservative Supreme Court justices brawl over technology and privacy."
Posted at 12:09 PM by Howard Bashman




In the February 2012 issue of The ABA Journal magazine: Mark Walsh has an article headlined "Dissecting the Health Care Case: Election-Year Term Mirrors New Deal Era."

Richard Brust has an article headlined "The High Bench vs. the Ivory Tower."

Stephanie Francis Ward has an article headlined "The Badgering State: Wis. Battles over Worker's Rights and Skirmishes in the Supreme Court."

And Leslie A. Gordon has an article headlined "Unknown Knowns: Torture Suits Against Rumsfeld May Revive a 40-Year-Old Liability Case."
Posted at 12:04 PM by Howard Bashman




"Federal judge Wesley Brown dies at age 104 in Wichita": The Wichita Eagle has this news update.

And The Associated Press reports that "Nation's oldest federal judge dies at age 104."
Posted at 11:54 AM by Howard Bashman




"Federal appeals court to hear NASCAR drug case": The Associated Press has this report.
Posted at 09:48 AM by Howard Bashman




"Maine lawyer named to appeals court; William Kayatta Jr., a prominent trial attorney, awaits confirmation by the U.S. Senate": This article appears today in The Portland Press Herald.

The Oklahoman reports today that "Magistrate Judge Robert E. Bacharach nominated for federal appeals court; After a long-running White House effort to find a successor for Robert Henry on the 10th Circuit Court of Appeals, President Barack Obama has nominated Oklahoma City magistrate judge who was on a list given to Sen. Tom Coburn."

And The Tulsa World reports that "Oklahoma judge nominated for 10th U.S. Circuit Court of Appeals."

Yesterday, the White House issued a news release headlined "President Obama Nominates Two to Serve on the US Court of Appeals."
Posted at 09:44 AM by Howard Bashman




Monday, January 23, 2012

"Guns and Weed: The Fourth Circuit Remands on the Second Amendment for Marijuana Users." "The Federal Criminal Appeals Blog" has this post on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 11:14 PM by Howard Bashman




"U.S. appeals court rejects Padilla torture lawsuit": James Vicini of Reuters has this report.
Posted at 06:42 PM by Howard Bashman




"The Case of the Missing Kennedy": Kedar has this post today at the "DailyWrit" blog.
Posted at 05:02 PM by Howard Bashman




"Elena Kagan Recusal: Supreme Court Won't Hear Arguments For Justice To Step Down From Health Care Cases." Mike Sacks of The Huffington Post has this report.
Posted at 05:00 PM by Howard Bashman




"High Court Backs Police in School Threat Probe": Mark Walsh has this post at the "School Law" blog of Education Week.
Posted at 04:58 PM by Howard Bashman




"Appeals panel rules against 'enemy combatant'": The Associated Press has a report that begins, "A federal appeals panel has turned away efforts by Jose Padilla, a U.S. citizen detained for nearly four years as an 'enemy combatant,' to reinstate a lawsuit against ex-Defense Secretary Donald Rumsfeld and other government officials."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 04:53 PM by Howard Bashman




"Venezuela Rebuffed by U.S. High Court on Bandagro Bond Suit": Greg Stohr of Bloomberg News has this report.
Posted at 02:38 PM by Howard Bashman




"Justices Say GPS Tracker Violated Privacy Rights": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court: Warrants needed in GPS tracking."

David G. Savage of The Los Angeles Times has a blog post titled "Supreme Court: Police need warrant to use GPS tracking on cars."

Joan Biskupic of USA Today has a news update headlined "Supreme Court rules warrant needed for GPS tracking."

Jess Bravin of The Wall Street Journal has a news update headlined "High Court Backs Privacy Rights in GPS Case."

Bill Mears of CNN.com reports that "Justices rule against police, say GPS surveillance requires search warrant."

Mike Sacks of The Huffington Post reports that "Warrantless GPS Tracking Unconstitutional, Supreme Court Rules."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: Tight limit on police GPS use."
Posted at 02:33 PM by Howard Bashman




"For Justices, State of the Union Can Be a Trial": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 02:17 PM by Howard Bashman




"Gov. Christie nominates two for state Supreme Court, including gay African-American mayor": The Newark (N.J.) Star-Ledger has this news update.
Posted at 02:16 PM by Howard Bashman




"Court won't hear arguments demanding Kagan recusal": The Associated Press has this report.

Update: At "SCOTUSblog," Lyle Denniston has a post titled "A note on Kagan and health care."
Posted at 12:03 PM by Howard Bashman




"Why Is the Justice Department Still Defending FBI Ties to the Mob? The courts refuse to protect the feds for harboring James 'Whitey' Bulger while he and his Winter Hill gang killed." Andrew Cohen has this essay online at The Atlantic.

My earlier coverage of last Friday's First Circuit rulings can be accessed here.
Posted at 11:38 AM by Howard Bashman




"Supreme Court: Federal Meat Inspection Act preempts California's slaughter ban." Michael Doyle of McClatchy Newspapers has this report.
Posted at 11:32 AM by Howard Bashman




"Supreme Court limits police use of GPS to track suspects": James Vicini of Reuters has this report.

And Bloomberg News reports that "Police Use of GPS Devices to Track Suspects' Cars Limited by Supreme Court."
Posted at 11:27 AM by Howard Bashman




Access online today's Order List and decisions in argued cases of the U.S. Supreme Court: You can access today's Order List at this link. The Court did not grant review in any new cases. The Court issued a per curiam summary reversal and three rulings in argued cases.

The Court issued a per curiam opinion in Ryburn v. Huff, No. 11-208.

1. Justice Elena Kagan delivered the opinion for a unanimous Court in National Meat Assn. v. Harris, No. 10-224. You can access the oral argument via this link.

2. Justice Stephen G. Breyer delivered the opinion of the Court in Reynolds v. United States, No. 10-6549. Justice Antonin Scalia issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined. You can access the oral argument via this link.

3. Justice Scalia delivered the opinion of the Court in United States v. Jones, No. 10-1259. Justice Sonia Sotomayor issued a concurring opinion. And Justice Samuel A. Alito, Jr. issued an opinion concurring in the judgment, in which Justices Ginsburg, Breyer, and Kagan joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "High court: warrant needed for GPS tracking"; "Court overturns Calif. slaughterhouse law"; and "Court says sex offenders challenge arrest."
Posted at 10:02 AM by Howard Bashman




"PA Supreme Court Oral Arguments on Legislative Redistricting Plan": Pennsylvania Cable Network will carry the oral arguments live beginning at 9:30 a.m. today. You can view the oral arguments live, online via this link.
Posted at 09:18 AM by Howard Bashman




"Perry's Good Idea: The Governor vs. the Supreme Court." Hendrik Hertzberg has this comment in the January 30, 2012 issue of The New Yorker.
Posted at 08:52 AM by Howard Bashman




"2011 Set Stage for War Over Abortion": Roll Call has this report.
Posted at 08:33 AM by Howard Bashman




"Administration nominees awaiting next move by GOP": The Associated Press has a report that begins, "Senate Republicans are returning to Washington in an angry mood over President Barack Obama's appointments to two key agencies during a year-end break. More than 70 nominees to judgeships and senior federal agency positions are awaiting the next move from Republicans, who can use Senate rules to block votes on some or all of Obama's picks."

And The Hill reported last week that "Obama's recess appointments might not hold up in court."
Posted at 08:30 AM by Howard Bashman




Sunday, January 22, 2012

"Law firm knee deep in state's many hot-button issues": Today's edition of The Wisconsin State Journal contains an article that begins, "The news last month that a conservative Supreme Court justice had received two years of free legal service while fighting an ethics charge was just the latest indication of an increasingly cozy relationship between the Republican Party and one of Wisconsin's most prominent law firms."
Posted at 10:33 PM by Howard Bashman




"Louisiana grapples with juvenile crime decision by Supreme Court": The Times-Picayune of New Orleans has this report.
Posted at 10:32 PM by Howard Bashman




"Sue your own state? Why not? The Supreme Court, in a Maryland case, should rule against the state, and also reexamine other decisions that have made it hard for people to sue their own states." This editorial will appear Monday in The Los Angeles Times.
Posted at 10:24 PM by Howard Bashman




"Little Red (Litigious) Shoes": In the Sunday Review section of today's edition of The New York Times, law professor Jeannie Suk has an essay that begins, "Can you trademark the color red? This week a federal appellate court will hear arguments in a case involving this very question."
Posted at 10:12 PM by Howard Bashman




"Latif Public Cert Petition Released": Benjamin Wittes has this post at the "Lawfare" blog, which has posted the document at this link.
Posted at 04:46 PM by Howard Bashman




"Warrantless electronic tracking debate awaits U.S. Supreme Court ruling": Howard Mintz has this article today in The San Jose Mercury News.
Posted at 04:40 PM by Howard Bashman




"Under the U.S. Supreme Court: Keeping Jesus in government." Michael Kirkland of UPI has this report.
Posted at 03:52 PM by Howard Bashman




Saturday, January 21, 2012

"Iowa high court ruling reflects debate on homeowners' rights in police searches; But the decision leaves a Polk County case involving a drug hunt unchanged": The Des Moines Register today contains an article that begins, "Iowa Supreme Court justices Friday unleashed 61 pages of written debate about the right of homeowners to consent or refuse police searches but left unchanged a Polk County case that had mixed results for police who searched for drugs in an Ankeny mobile home. The ruling prompted two justices to argue that Iowa should have a rule requiring law enforcement officials to tell homeowners that they can decline police permission to search their dwelling."

You can access yesterday's ruling of the Supreme Court of Iowa at this link.
Posted at 03:24 PM by Howard Bashman




"Court rules D.A. can't recoup salary costs in cadaver case": Joseph A. Slobodzian has this article today in The Philadelphia Inquirer.

You can access Thursday's ruling of the Supreme Court of Pennsylvania at this link.
Posted at 03:17 PM by Howard Bashman




"Justice Joan Orie Melvin says she will hear redistricting appeal": The Pittsburgh Tribune-Review has this news update.
Posted at 01:55 PM by Howard Bashman




"Scalia and Thomas: Who Cares If Your Lawyer Abandons You on Death Row? Fortunately, the rest of their colleagues disagree." Adam Serwer has this blog post online at Mother Jones.
Posted at 01:54 PM by Howard Bashman




"The Affirmative Action War Goes On": This editorial will appear Sunday in The New York Times.
Posted at 01:35 PM by Howard Bashman




"A Supreme Obamacare test": Columnist George F. Will has this op-ed in The Washington Post.
Posted at 01:30 PM by Howard Bashman




"Occupiers wag fingers at Supreme Court over political donation rule": This article appears today in The Washington Post.

The Pasadena Star-News reports today that "Pasadena protest takes aim at Citizens United."

The Sacramento Bee reports that "Protesters occupy federal courthouse over campaign finance ruling."

The Press-Enterprise of Riverside, California reports that "Protesters mark second anniversary of Citizens United."

And The Oregonian reports that "Occupy the Courts rally in Portland lambasts law giving corporations 'personhood.'"
Posted at 01:26 PM by Howard Bashman




"Reversal of sonogram law not likely in Sparks' court, he says": In today's edition of The Austin American-Statesman, Chuck Lindell has an article that begins, "U.S. District Judge Sam Sparks made it clear Friday that opponents of the state's new pre-abortion sonogram requirement have little hope of overturning the law in his court. Sounding resigned during an afternoon hearing, Sparks noted that a federal appeals court forcefully overruled his August opinion that found the law unconstitutional, leaving no room for the challenge to proceed."

And today's edition of The San Antonio Express-News contains an article headlined "Judge: Sonogram law likely to stand."
Posted at 01:14 PM by Howard Bashman




"Supreme Court Ruling Gives GOP an Edge in Texas": Jess Bravin and Nathan Koppel have this article today in The Wall Street Journal.

The Fort Worth Star-Telegram reports today that "Texas' court-drawn redistricting maps are thrown out."

The Dallas Morning News reports that "Supreme Court throws out court-drawn Texas redistricting maps."

The Austin American-Statesman reports that "Supreme Courts rejects Texas' interim district maps."

Warren Richey of The Christian Science Monitor reports that "Supreme Court tells Texas judges to do a better job on election maps; Saying federal judges in Texas exceeded their authority in rejecting election districts drawn by the Republican-controlled Legislature, the Supreme Court instructed the judges to find remedies closer to the state's maps."

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "High Court Orders Redo Of Texas Redistricting Plan."

And yesterday evening's broadcast of The PBS NewsHour contained a segment entitled "Supreme Court Ruling on Texas Electoral Maps 'Huge Setback' for Democrats."
Posted at 12:38 PM by Howard Bashman




"Justices spar at USC over Constitution, the court, the law": This article appears today in The State newspaper of Columbia, South Carolina, along with an article headlined "Graham facilitates Supreme Court justices' visit."
Posted at 11:45 AM by Howard Bashman




"Gableman says he won't recuse himself from disputed cases": Patrick Marley has this article today in The Milwaukee Journal Sentinel.

The Associated Press reports that "Gableman won't recuse himself from high-profile disputed cases."

And Bloomberg News reports that "Wisconsin High Court Judge Won't Step Back From Union Case."
Posted at 11:42 AM by Howard Bashman




"Kansas Law on Sodomy Stays on Books Despite a Cull": A.G. Sulzberger has this article today in The New York Times.
Posted at 10:04 AM by Howard Bashman




Friday, January 20, 2012

"U.S. appeals court says sex offenders have right to libraries": Reuters has a report that begins, "A federal appeals court ruled on Friday that a policy barring registered sex offenders from public libraries in Albuquerque, New Mexico, was unconstitutional, a decision that could have reverberations across the nation."

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 11:57 PM by Howard Bashman




"Court favors families in Bulger case": The Boston Globe has a news update that begins, "A federal appeals court today upheld million-dollar judgments in favor of families of James 'Whitey' Bulger's alleged murder victims, finding that the government was liable for the deaths because of the FBI's corrupt relationship with the gangster."

The U.S. Court of Appeals for the First Circuit today issued two related rulings in the matter, and you can access the rulings here and here.
Posted at 11:46 PM by Howard Bashman




"Nourse asks Obama to withdraw her nomination to federal appeals court": Bruce Vielmetti has this post at the "Proof & Hearsay" blog of The Milwaukee Journal Sentinel.
Posted at 05:32 PM by Howard Bashman




"Roe v. Wade Still Under Siege, 39 Years Later": Laura Bassett and Mike Sacks of The Huffington Post have this report.
Posted at 05:30 PM by Howard Bashman




"Chevron Loses Another Bid to Block $18 Billion Ecuador Award": Bloomberg News has this report.

Reuters reports that "Chevron appeals $18 billion ruling in Ecuador lawsuit."

And Alison Frankel's "On the Case" from Thomson Reuters News & Insight reports that "Chevron's options to evade $18 billion judgment narrowing."
Posted at 05:27 PM by Howard Bashman




"Multistate personhood push kindles abortion debate": The Associated Press has this report.
Posted at 05:23 PM by Howard Bashman




"Justices' Texas Redistricting Ruling Likely to Help G.O.P." Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court sides with Texas on redistricting plan."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court gives a win to Texas GOP on congressional lines."

Joan Biskupic of USA Today has a news update headlined "Supreme Court throws out judge-drawn Texas electoral maps."

Michael Doyle of McClatchy Newspapers reports that "Supreme Court says 'grounds for concerns' with Texas redistricting maps."

The San Antonio Express-News has an update headlined "Supreme Court sends redistricting maps back to lower court."

Mike Sacks of The Huffington Post has an article headlined "Texas Redistricting: Supreme Court Throws Out Judge-Drawn Electoral Maps."

Ariane de Vogue of ABC News has a blog post titled "Supreme Court Ruling Favors Texas in Redistricting."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court Sends Redistricting Case Back to Texas."
Posted at 01:32 PM by Howard Bashman




"Appeals court rejects appeal by Abramoff partner": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 11:50 AM by Howard Bashman




"Photo-happy judge adds Marley, ostrich to opinions": Terry Baynes of Reuters has this very interesting report, which features interviews with Seventh Circuit Judge Richard A. Posner and some critics of his opinions containing photographs.

According to the article, "The pictorial flourishes haven't exactly outraged the bar or prompted a soul-searching national legal debate, but they have raised a few questions. For one, what are the copyright implications of reproducing images lifted from the Internet?"
Posted at 10:56 AM by Howard Bashman




"Voting Maps for Texas Set Aside by High Court": Greg Stohr of Bloomberg News has this report.

And James Vicini of Reuters reports that "Supreme Court rejects judge-drawn Texas election maps."
Posted at 10:54 AM by Howard Bashman




Access online today's per curiam ruling of the U.S. Supreme Court in Perry v. Perez, No. 11-713: The Court has posted the ruling at this link. Justice Clarence Thomas issued an opinion concurring in the judgment. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Court throws out judge-drawn Texas electoral maps."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court rejects interim Texas maps."
Posted at 10:17 AM by Howard Bashman




From today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "SuperPACs Grow 2 Years After Citizens United Case" and "Stephen Colbert Wants You To Know: That's Definitely Not His SuperPAC."
Posted at 09:54 AM by Howard Bashman




"Colbert Super PAC -- John Paul Stevens: Retired Supreme Court Justice John Paul Stevens expounds on his dissenting opinion in the Citizens United case." You can access the video of the interview from last night's broadcast of The Colbert Report by clicking here.
Posted at 09:44 AM by Howard Bashman




"Supreme Court ruling confuses religious workers": The Associated Press has this report.
Posted at 09:41 AM by Howard Bashman




"Court rules people can sue if privacy violated": In today's edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, "Paparazzi, underhanded spouses and sneaky private investigators have much to fear from a ground-breaking decision that gives individuals a legal weapon against intrusions into their privacy. Experts say the Ontario Court of Appeal judgment that created a right to sue for 'intrusion upon seclusion' will send a chill through anyone who snoops, hacks or uses confidential information to create mischief." The newspaper also contains an editorial entitled "Digital intruders have been warned."

And The Toronto Star reports that "Ontario appeal court allows lawsuits for invasion of privacy."

You can access Wednesday's ruling of the Court of Appeal for Ontario at this link.
Posted at 08:40 AM by Howard Bashman




"Not in my state! N.J. court rules towns can reject adult entertainment, citing locations in other states." This article appears today in The Newark Star-Ledger.

And The Asbury Park Press reports today that "Dispute over nude nightclub may go to Supreme Court."

You can access yesterday's ruling of the Supreme Court of New Jersey at this link.
Posted at 08:30 AM by Howard Bashman




"Texas water district seeks U.S. Supreme Court review of lawsuit against Oklahoma; A large Texas water district Thursday asked the U.S. Supreme Court to review an appellate court decision upholding Oklahoma laws that restrict the exportation of stream water": The Oklahoman contains this article today.

And today's edition of The Fort Worth Star-Telegram contains an article headlined "Fight for Oklahoma water goes to Supreme Court."
Posted at 08:25 AM by Howard Bashman




"Georgia Supreme Court justice calls for judicial overhaul; Judicial system needs overhaul, official says": This article appears today in The Augusta Chronicle.
Posted at 08:22 AM by Howard Bashman




"'Occupy Courts' to hit Citizens United": Politico.com has this report.

And in today's edition of The Washington Post, law professor Kent Greenfield has an op-ed entitled "How to make the 'Citizens United' decision worse."
Posted at 08:17 AM by Howard Bashman




Thursday, January 19, 2012

"Supreme Anxiety: Do controversial court decisions really inspire the backlash liberals fear?" Law professors David Fontana and Donald Braman will have this article in the February 2, 2012 issue of The New Republic.

Their article, available online from SSRN, is titled "Judicial Backlash or Just Backlash? Evidence from a National Experiment" and will appear in the May 2012 issue of the Columbia Law Review.
Posted at 11:37 PM by Howard Bashman




"Defying city, attorney asks Supreme Court to hear SPD tasing case": The Seattle Times has a news update that begins, "Ignoring Seattle Police Chief John Diaz, a private attorney hired by the city to defend three officers who were sued after they repeatedly tased a pregnant woman during a 2004 traffic stop has asked the U.S. Supreme Court to hear the case. In an extraordinary response, the city has informed the attorney, Ted Buck, that he was not authorized to ask the high court to take the case on appeal, and that the city won't pay the costs of pursuing it."
Posted at 11:26 PM by Howard Bashman




"1st Circuit upholds NH tax evaders' convictions": The Associated Press has a report that begins, "A New Hampshire couple convicted of amassing an arsenal of weapons and holding marshals at bay for nine months after conviction for tax evasion will remain behind bars."

You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 09:55 PM by Howard Bashman




"Activists lose 'Occupy the Courts' protest bid": Reuters has this report.

Friday's edition of The New York Times will contain an article headlined "Judge Says Protesters Can't Rally at Courthouse."

Friday's edition of The New York Daily News will contain an article headlined "Occupy the Courts gives up legal fight to protest at Manhattan Federal Court; Occupy Wall Street splinter group says it will demonstrate against corporate political donations in Zuccotti Park instead."

And Bloomberg News reports that "'Occupy' Group Loses Bid to Compel U.S. to Issue Courthouse Rally Permit."
Posted at 08:57 PM by Howard Bashman




"Judge denies requests for new Komisarjevsky trial, acquittal": This article appears today in The New Haven Register.

And The Hartford Courant reports that "Komisarjevsky Motion For New Trial, Acquittal Denied; Judge Rules From Bench; In Similar Hayes Motion He Issued A 12-Page Ruling."
Posted at 08:54 PM by Howard Bashman




"Amid SOPA debate, SCOTUS gives Congress broad copyright power": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 05:40 PM by Howard Bashman




"Appeals court hears challenge to Voting Rights Act": The Associated Press has this report.

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Appeals Court Examines Constitutionality Of Voting Rights Act Provision."
Posted at 05:39 PM by Howard Bashman




"Foreign Copyrights Upheld; Court Backs Reciprocal International Protection for Previously Public Material": Brent Kendall and Jess Bravin have this article today in The Wall Street Journal.
Posted at 04:20 PM by Howard Bashman




"Scalia defends originalist view of Constitution": Mark Sherman of The Associated Press has this report.
Posted at 04:17 PM by Howard Bashman




"Supreme Court Overturns 'Right v. Wrong'": This article appears in the current issued of The Onion.
Posted at 04:16 PM by Howard Bashman




"Death-Row Defendant Can Proceed With Appeal": Jess Bravin and Joanna Chung have this article today in The Wall Street Journal.
Posted at 11:15 AM by Howard Bashman




"Supreme Court grants death row inmate chance for new appeal; Justices in a 7-2 decision say that Alabama death row inmate Corey Maples was 'abandoned' by his two lawyers who left their firm without telling him and missed a deadline to file his appeal": David G. Savage has this article today in The Los Angeles Times.

In today's edition of The Birmingham News, Mary Orndorff has an article headlined "U.S. Supreme Court says paperwork mishap cannot block death row appeal."

The Decatur (Ala.) Daily reports that "US Supreme Court restores appeal rights of Morgan murderer."

And Ariane de Vogue of ABC News has a blog post titled "Supreme Court: Death Row Inmate Abandoned by Elite Law Firm Entitled to New Hearing."
Posted at 08:34 AM by Howard Bashman




"Supreme Court: Congress within bounds on foreign copyrights." Joan Biskupic has this article today in USA Today.

And The Denver Post reports today that "Supreme Court nixes Denver professor's suit over copyright protection for foreign works."
Posted at 08:30 AM by Howard Bashman




"U.S. Supreme Court rejects student-suspension case with NEPA roots": This article appears today in The Scranton Times-Tribune.
Posted at 08:26 AM by Howard Bashman




Wednesday, January 18, 2012

"Justices Rule for Inmate After Mailroom Mix-Up": Adam Liptak will have this article Thursday in The New York Times.

Mary Orndorff of The Birmingham News has an update headlined "U.S. Supreme Court rules in favor of Alabama Death Row inmate Cory Maples."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "High Court Sides With Man Abandoned By Attorneys."

And David G. Savage of The Los Angeles Times has a blog post titled "Supreme Court: Alabama death row inmate gets new chance to appeal."
Posted at 09:37 PM by Howard Bashman




"Public Domain Works Can Be Copyrighted Anew, Supreme Court Rules": Adam Liptak will have this article Thursday in The New York Times.

And Robert Barnes of The Washington Post has a news update headlined "Supreme Court: Copyright can be extended to foreign works once in public domain."
Posted at 09:17 PM by Howard Bashman




"Court asked to reconsider ruling on bone marrow compensation": Carol J. Williams of The Los Angeles Times has this blog post.
Posted at 09:06 PM by Howard Bashman




"NJ high court weighs Mexican telephone testimony": The Associated Press has this report.

Earlier, The Asbury Park Press previewed the oral argument in an article headlined "N.J. Supreme Court to to consider appeal via pay phone from Mexico."
Posted at 04:44 PM by Howard Bashman




"Cory Maples Should Not Face Death Penalty Due To Mailroom Mix-Up, Supreme Court Rules": Mike Sacks of The Huffington Post has this report.
Posted at 04:09 PM by Howard Bashman




"Copyrights on Foreign Works Upheld by U.S. Supreme Court": Greg Stohr of Bloomberg News has this report.

Bill Mears of CNN.com reports that "Justices allow copyrights on foreign works."

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Supreme Court Says Congress May Re-Copyright Public Domain Works."
Posted at 02:15 PM by Howard Bashman




"Justices side with death row inmate abandoned by counsel": Joan Biskupic of USA Today has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court: Alabama death-row inmate Cory Maples should get new hearing."

Greg Stohr of Bloomberg News reports that "U.S. Supreme Court Sides With Death-Row Inmate on Law Firm Mailroom Error."

And James Vicini of Reuters reports that "Death row inmate wins missed deadline case."
Posted at 02:08 PM by Howard Bashman




"Supreme Court upholds copyright law for famous foreign works": James Vicini of Reuters has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: The public domain shrinks."
Posted at 11:37 AM by Howard Bashman




"Government Brief in Hamdan: The Looming Article III Problem..." Steve Vladeck has this post at the "Lawfare" blog, which has made the brief available at this link.
Posted at 11:18 AM by Howard Bashman




"Paul Clement at Center of Supreme Court's Blockbuster Cases": Ariane de Vogue of ABC News has this report.
Posted at 11:09 AM by Howard Bashman




"Komisarjevsky Motion For New Trial, Acquittal Denied": The Hartford Courant has this news update.

And The Associated Press reports that "Judge rejects Conn. home invasion retrial request."
Posted at 11:07 AM by Howard Bashman




Access online today's decisions of the U.S. Supreme Court in argued cases: The Court today issued three rulings in argued cases.

1. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Maples v. Thomas, No. 10-63. Justice Samuel A. Alito, Jr. issued a concurring opinion. And Justice Antonin Scalia issued a dissenting opinion, in which Justice Clarence Thomas joined. You can access the oral argument via this link.

2. Justice Ginsburg delivered the opinion of the Court in Golan v. Holder, No.10-545. Justice Stephen G. Breyer issued a dissenting opinion, in which Justice Alito joined. Justice Elena Kagan did not participate in the ruling. You can access the oral argument via this link.

3. And Justice Ginsburg delivered the opinion for a unanimous Court in Mims v. Arrow Financial Services, LLC, No. 10-1195. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Supreme Court upholds copyright law"; "Court orders new hearing for Ala. death row inmate"; and "Court lets telemarketers be sued in federal court."
Posted at 10:55 AM by Howard Bashman




"Court Weighs Protections for Lawyers of Cities": Adam Liptak has this article today in The New York Times.

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Filarsky v. Delia, No. 10-1018.
Posted at 09:40 AM by Howard Bashman




"Affirmative-Action Foe Is Facing Allegations of Financial Misdeeds": Charlie Savage has this article today in The New York Times.

And The Sacramento Bee reports today that "Connerly financial misdeeds alleged in letter."
Posted at 09:27 AM by Howard Bashman




"U.S. Supreme Court declines Forsyth County prayer appeal": The Winston-Salem Journal contains this article today, along with an editorial entitled "The Supreme Court rightly declines to hear prayer-fight appeal, ending a losing battle."

And Bill Mears of CNN.com reports that "High court rejects appeals on public prayers, student speech."
Posted at 09:18 AM by Howard Bashman




"U.S. Supreme Court won't hear appeals in students' online rants": This article appears today in The Pittsburgh Post-Gazette.

The Pittsburgh Tribune-Review reports today that "High court fails to act in off-campus speech cases."

In today's edition of The Allentown Morning Call, Peter Hall reports that "Supreme Court backs kids' Internet speech; Appeal asked justices to define schools' reach in discipline for disruptive posts."

Warren Richey of The Christian Science Monitor has an article headlined "Does First Amendment protect students' online speech off-campus? The Supreme Court declined to take up Tuesday three potentially important test cases of the First Amendment of students engaged in controversial speech on the Internet."

Nina Totenberg of NPR reports that "High Court Lets Stand Trio Of First Amendment Cases."

At Wired.com's "Threat Level" blog, David Kravets has a post titled "Supreme Court Rejects Student Social-Media Cases."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Supreme Court Declines Cases on Student Internet Speech."
Posted at 09:14 AM by Howard Bashman




"Reformers call for Supreme Court Justice Joan Orie Melvin to step aside": The Patriot-News of Harrisburg, Pennsylvania has this report.

The Pittsburgh Post-Gazette reports that "Groups call on Justice Melvin to resign."

The Pittsburgh Tribune-Review has articles headlined "Reformers seek Supreme Court Justice Orie Melvin recusal" and "Orie sisters' retrial delayed 2 weeks; Feb. 27 start eyed."

And today's edition of The Philadelphia Inquirer contains an editorial entitled "Supreme Court justice needs to step aside."
Posted at 09:05 AM by Howard Bashman




"U.S. Judge Won't Delay Madoff-Mets Trial for Trustee's Immediate Appeal": Bloomberg News has this report.

The New York Times reports today that "Mets Owners Can Look Forward to Trial During Spring Training."

The New York Daily News reports today that "U.S. District judge turns away appeal from Irving Picard, trustee for the victims of Bernie Madoff in suit against NY Mets owners; Jed S. Rakoff limits financial liability of Wilpons in Madoff lawsuit."

The Associated Press reports that "NY judge blocks immediate appeal by Madoff trustee."

And Reuters reports that "Judge rejects Madoff trustee appeal in Mets case."
Posted at 09:00 AM by Howard Bashman




Tuesday, January 17, 2012

"Philip Morris agrees to pay Oregon $56 million in punitive damages in Jesse Williams' death": The Oregonian has a news update that begins, "Tobacco maker Philip Morris has agreed to pay $56 million in punitive damages and interest to the state of Oregon, finally ending a 14-year battle over damages in the death of a Portland smoker."
Posted at 11:10 PM by Howard Bashman




"'Occupy the Courts' rally stymied in Manhattan": Reuters has a report that begins, "A federal agency has denied protesters a permit to hold a rally in front of the federal courthouse in lower Manhattan, days before an 'Occupy the Courts' protest planned for Friday at courthouses across the country."

Additional information about the protests planned for this Friday can be accessed here.
Posted at 06:07 PM by Howard Bashman




Greg Stohr of Bloomberg News is reporting: He has articles headlined "Prayer Cases Turned Away by U.S. Supreme Court Justices"; "Finra's Legal Immunity Won't Be Questioned by U.S. High Court"; "Dart's Fund May Get Top Court Review on Argentine Judgment"; and "CenturyLink Settlement of $90 Million Case Signaled by Court."
Posted at 05:38 PM by Howard Bashman




James Vicini of Reuters is reporting: He has articles headlined "Supreme Court rejects prayer, student Internet cases" and "Supreme Court won't hear FINRA immunity case."
Posted at 05:33 PM by Howard Bashman




"Wal-Mart seeks end to refiled gender-bias lawsuit": Dan Levine of Reuters has a report that begins, "Women who refiled a gender discrimination lawsuit against Wal-Mart Stores Inc have failed to come to grips with the landmark U.S. Supreme Court decision that ended their nationwide class action against the company, Wal-Mart argued in a court filing."
Posted at 05:32 PM by Howard Bashman




"Supreme Court agrees to request by PCN to televise redistricting hearing live": The Administrative Office of Pennsylvania Courts today issued a news release that begins, "The Supreme Court of Pennsylvania today announced that the Pennsylvania Cable Network (PCN) will be televising live its Jan. 23 oral argument session on the state's legislative redistricting plan."
Posted at 05:07 PM by Howard Bashman




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