How Appealing


Saturday, July 26, 2014

Programming note: Each summer I take at least a week's vacation from work and from this blog. This summer, my vacation begins now.

New posts will appear here on Monday, August 4, 2014. Readers are invited to follow me on Twitter at @howappealing, where additional appellate-related posts may appear in the interim.
Posted at 07:16 AM by Howard Bashman




"Hillary Clinton touts Supreme Court Justice Sonia Sotomayor's memoir while visiting the Bronx": The New York Daily News has this report.
Posted at 07:12 AM by Howard Bashman




"TPD pinpoints garage in Markel's death": Sean Rossman has this article in today's edition of The Tallahassee Democrat.
Posted at 07:05 AM by Howard Bashman




Friday, July 25, 2014

"Federal court upholds Fla.'s docs vs. glocks law": The Associated Press has a report that begins, "A Florida law restricting what doctors can tell patients about gun ownership was deemed to be constitutional Friday by a federal appeals court, which said it legitimately regulates professional conduct and doesn't violate the doctors' First Amendment free speech rights."

And Warren Richey of The Christian Science Monitor reports that "Florida law barring gun inquiries by doctors upheld by federal appeals court."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 10:54 PM by Howard Bashman




"Pa. home sellers don't have to disclose murders, satanic rituals": Philly.com has a report that begins, "Home sellers in Pennsylvania are under no obligation to disclose if a house was the site of a murder, a suicide, or even satanic rituals, according to the Supreme Court of Pennsylvania."

And The Patriot-News of Harrisburg, Pennsylvania reports that "Home sellers don't have to tell buyers about murders, other tragedies, Pa. Supreme Court rules in death house case."

Monday's ruling of the Supreme Court of Pennsylvania consisted of a majority opinion and a concurring opinion.
Posted at 10:40 PM by Howard Bashman




"Professor Mariano-Florentino Cuellar nominated for California Supreme Court": The Stanford Daily has this report.
Posted at 10:33 PM by Howard Bashman




"Valihura becomes second woman on Del. Supreme Court": Sean O'Sullivan of The News Journal of Wilmington, Delaware has this update.
Posted at 10:28 PM by Howard Bashman




"Gambling With Death: Is the Supreme Court poised to abolish the death penalty?" Evan Mandery has this jurisprudence essay online at Slate.
Posted at 10:22 PM by Howard Bashman




"Scalia addresses Colorado defense lawyers": The Associated Press has this report.
Posted at 10:18 PM by Howard Bashman




"Health Law Architect's Taped Remarks Fuel Subsidy Debate": Louise Radnofsky and Brent Kendall have this post today at WSJ.com's "Washington Wire" blog.
Posted at 09:55 PM by Howard Bashman




"Questions remain in shooting death of FSU professor; The shooting death of a well-known Florida State University law professor has stunned the legal community": The Miami Herald has this news update.

The Daily Mail (UK) has a news update headlined "Harvard-educated professor was ambushed and shot dead in his garage, says new police report on baffling murder."

And CNN.com reports that "Police release more details in FSU law professor's slaying."
Posted at 09:52 PM by Howard Bashman




"Who Killed a Nationally Renowned Blogging Law Professor in His Home?" "Gawker" has this post today.
Posted at 05:22 PM by Howard Bashman




"Neighbor saw Prius-type car in area of Markel's home": Sean Rossman of The Tallahassee Democrat has this news update.

The Tallahassee Police Department has released a redacted version of the initial Incident Report, which you can view by clicking here.
Posted at 02:53 PM by Howard Bashman




"Federal judges aren't robots or partisan hacks": Michael McGough has this essay online at The Los Angeles Times.
Posted at 01:58 PM by Howard Bashman




"Transcript shows concerns during Arizona execution": The Associated Press has a report that begins, "U.S. District Judge Neil V. Wake was attending a ceremony for a judicial colleague when he received an urgent -- and unusual -- request: Lawyers for a condemned inmate wanted him to stop an execution that didn't seem to be working."
Posted at 01:11 PM by Howard Bashman




"Will John Roberts 'Redeem Himself' on Obamacare? The specter of judicial deference still haunts Halbig v. Burwell." Damon Root has this essay online at Reason.
Posted at 10:52 AM by Howard Bashman




"Lengthy Arizona Execution Heightens Lethal-Injection Questions; Condemned Man Dies Two Hours After Drugs Were Administered": Ashby Jones and Jacob Gershman have this article in today's edition of The Wall Street Journal.

And at the "Taking Note" blog of The New York Times, Jesse Wegman has a post titled "Why the Death Penalty Is Doomed."
Posted at 10:18 AM by Howard Bashman




"$50,000 raised in just three days for the children of Harvard-educated law professor who was shot in the head on his own doorstep": The Daily Mail (UK) has this report.

The web page at which donations may be made can be accessed here.
Posted at 10:08 AM by Howard Bashman




"California Supreme Court nomination a 'statement' to U.S." Bob Egelko of The San Francisco Chronicle has this report.

And columnist Dan Walters of The Sacramento Bee has an essay titled "Brown's appointees will nudge state Supreme Court leftward."
Posted at 07:46 AM by Howard Bashman




"Supreme Court may not protect Obamacare this time": Columnist Ruth Marcus has this op-ed online at The Washington Post.
Posted at 07:44 AM by Howard Bashman




"The Supreme Court's Coming Paralysis: Why there's really no chance President Obama will be able to appoint another Justice to the bench, regardless of what happens in November." Jeff Greenfield has this essay online at The Daily Beast.
Posted at 07:42 AM by Howard Bashman




Thursday, July 24, 2014

"A Prolonged Execution in Arizona Leads to a Temporary Halt": Fernanda Santos and John Schwartz will have this article in Friday's edition of The New York Times.
Posted at 11:38 PM by Howard Bashman




"Conservatives Hone Script to Light a Fire Over Abortion": Jeremy W. Peters will have this article in Friday's edition of The New York Times.
Posted at 11:35 PM by Howard Bashman




"As Arizona inmate gasped in execution chamber, legal drama unfolded": Matt Pearce will have this article in Friday's edition of The Los Angeles Times.

ABC News reports that "Family of Victims Shows No Sympathy at Killer's Execution."

Burgess Everett of Politico.com has a report headlined "John McCain: Arizona execution 'torture.'"

And online at The New Republic, Ben Crair has an essay titled "2014 Is Already the Worst Year in the History of Lethal Injection: Another day, another problematic execution."
Posted at 10:20 PM by Howard Bashman




"The Death Clerk, And Other Details Of Last-Minute Execution Appeals": Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered."

The program also had an audio segment titled "Botched Ariz. Execution Renews Unease Over Lethal Injections."
Posted at 08:09 PM by Howard Bashman




"Execution offers evidence against lethal injection": The Associated Press has this report.
Posted at 08:02 PM by Howard Bashman




"Appeals court reinstates Wisconsin lead paint suit": Bruce Vielmetti of The Milwaukee Journal Sentinel has a news update that begins, "A boy who suffered lead poisoning can sue a half dozen major manufacturers of paint used on the Milwaukee house where he lived, based on a theory approved in a controversial 2005 Wisconsin Supreme Court decision, a federal appeals court ruled Thursday."

My earlier coverage of today's Seventh Circuit ruling appears at this link.
Posted at 07:54 PM by Howard Bashman




"Slaying of Fla. law professor is a seeming mystery": The Associated Press has a report that begins, "Detectives say Florida State University law school professor Daniel Markel was shot in the head -- but won't say whether he was shot from the front or back."
Posted at 07:34 PM by Howard Bashman




"The Lawyer Who Helped Spark This Week's Affordable Care Act Rulings; Thomas Christina, South Carolina Attorney, Spotted Wording That Triggered Suits": Stephanie Armour will have this article in Friday's edition of The Wall Street Journal.

You can freely access the full text of the article via Google.
Posted at 07:30 PM by Howard Bashman




"Arizona's Botched Execution: The state claims that witnesses are lying about the two-hour debacle." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 04:52 PM by Howard Bashman




"Court throws out Chiquita terror payment claims": The Associated Press has this report on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today.

Update: In other coverage, Jonathan Stempel of Reuters reports that "Chiquita wins dismissal of U.S. lawsuits over Colombian abuses."

And Bloomberg News reports that "Chiquita Wins Dismissal of U.S. Suits on Colombia Torture."
Posted at 03:57 PM by Howard Bashman




"Was it a contract killing? Police reveal Harvard-educated law professor was murdered with point-blank shot to the head inside locked home as they release photo of suspicious Toyota Prius seen nearby." The Daily Mail (UK) has this report today.
Posted at 03:54 PM by Howard Bashman




"Supreme Court's handling of visa case may be harbinger for EPA rule": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:26 PM by Howard Bashman




"Key Question on Health-Law Subsidies: Were Plaintiffs Harmed? One Plaintiff Challenged Subsidies Even Though He Could Have Paid as Little as $20 a Year for Coverage." Brent Kendall has this article today in The Wall Street Journal.
Posted at 03:00 PM by Howard Bashman




"How Arizona, Ohio, Oklahoma, executions went awry": The Associated Press has this report.
Posted at 02:09 PM by Howard Bashman




"The Wisconsin Supreme Court's decision in Thomas, establishing the risk-contribution theory of liability for lead pigment claims, does not violate the Due Process, Takings, or interstate-commerce Clauses of the Constitution." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit in a very interesting opinion issued today.
Posted at 01:38 PM by Howard Bashman




"Appeals Court Allows Farmers To Keep Feeding Unnecessary Antibiotics To Animals": The blog "Consumerist" has this post on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.

Update: In early news coverage, Jonathan Stempel of Reuters reports that "U.S. court upholds FDA animal feed policy despite health concern."

And The Associated Press reports that "Ruling on antibiotics in livestock reversed."
Posted at 01:15 PM by Howard Bashman




"NYU Law mourns the death of criminal law scholar Dan Markel": The New York University School of Law issued this news release yesterday.
Posted at 01:02 PM by Howard Bashman




"Grim Details Emerge in FSU Professor's Shooting Death": The ABC News program Good Morning America has this report today.

The written article accompanying the video begins, "A criminal law professor at Florida State University gunned down at his home was shot in the side of the head at relatively close range, ABC News has exclusively learned."
Posted at 11:44 AM by Howard Bashman




"Obamacare Has a Scary Day in Court": Law professor Noah Feldman recently had this essay online at Bloomberg View.
Posted at 10:35 AM by Howard Bashman




"The disturbing lessons of Arizona's un-American execution; Our government seems more intent on executing criminals than on ensuring such executions are humane": Andrew Cohen has this essay online today at The Week.
Posted at 10:12 AM by Howard Bashman




Wednesday, July 23, 2014

"Progressives learn the hard way that the Constitution is obstructionist": Online at The Washington Post, Charles Lane has an op-ed that begins, "President Obama's plan to transform the U.S. health-care market is once again in trouble. This time, two Republican-appointed judges on a federal appeals court have invalidated a key portion of the program."
Posted at 11:33 PM by Howard Bashman




"With All Due Deference: Ruling Defends Affirmative Action From New Challenges." Online at The New York Times, Linda Greenhouse has an essay that begins, "Given the avalanche of world-shaking news since last week, the shrug greeting the latest chapter in the long-running affirmative action saga at the University of Texas is understandable."
Posted at 11:30 PM by Howard Bashman




"Bolstered by Ruling, Republicans Attack Health Law": Robert Pear will have this article in Thursday's edition of The New York Times.

And Abby Goodnough will have an article headlined "Court Ruling On Health Care Subsidies Risks Loss of Coverage."
Posted at 11:08 PM by Howard Bashman




"Prosecutors Snooping on Legal Mail": This editorial will appear in Thursday's edition of The New York Times.
Posted at 11:04 PM by Howard Bashman




"A conservative judiciary run amok": Columnist E.J. Dionne Jr. has this op-ed online at The Washington Post.

Online at Vox, Sarah Kliff has an essay titled "Halbig says Congress meant to limit subsidies; Congress disagrees."

And today at his "Walshslaw" blog, law professor Kevin C. Walsh has a post titled "The judicial character of Chief Justice Roberts and the difference between the ACA subsidies and individual mandate cases."
Posted at 10:48 PM by Howard Bashman




"Sex Offender Has Case Over Residency Ban": Courthouse News Service has an article that begins, "A Texas man can sue a Dallas-area suburb over the constitutionality of its ban on registered sex offenders living within 1,500 feet of children, the 5th Circuit ruled."

You can access yesterday's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 10:42 PM by Howard Bashman




"Executions should be by firing squad, federal appeals court judge says": In Thursday's edition of The Los Angeles Times, Maura Dolan will have an article that begins, "Days before an Arizona murderer gasped and snorted for more than 90 minutes and died nearly two hours after his execution began, a conservative federal appeals judge called for replacing lethal injection with firing squads, saying the public must acknowledge that executions are 'brutal, savage events.'"

In related coverage, in Thursday's edition of The New York Times, Erik Eckholm will have an article headlined "Arizona Takes Nearly 2 Hours to Execute Inmate."

And The Los Angeles Times has a news update headlined "Arizona inmate dies belatedly in apparently botched execution."
Posted at 10:23 PM by Howard Bashman




"If Judges Campaign Like Ordinary Politicians, Can We Have Impartial Courts?" Dorothy J. Samuels has this post today at the "Taking Note" blog of The New York Times.
Posted at 08:30 PM by Howard Bashman




"Prempro Lawyers Double Money in $62 Million Fee Fight": Jef Feeley of Bloomberg News has this report.
Posted at 08:25 PM by Howard Bashman




"Arizona inmate dies 2 hours after execution began": The Associated Press has a report that begins, "A condemned Arizona inmate gasped and snorted for more than an hour and a half during his execution Wednesday before he died in an episode sure to add to the scrutiny surrounding the death penalty in the U.S."

Michael Kiefer and Mariana Dale of The Arizona Republic has a news update headlined "Execution of Arizona murderer takes nearly 2 hours."

And The Arizona Daily Star has a news update headlined "Execution of Tucson killer takes 2 hours."
Posted at 08:15 PM by Howard Bashman




"Arizona high court delays planned execution": The Associated Press has a report that begins, "Arizona's highest court on Wednesday temporarily halted the execution of a condemned inmate so it could consider a last-minute appeal."

Michael Kiefer of The Arizona Republic has a news update headlined "Arizona court puts last-minute hold on execution."

And The Arizona Daily Star has a news update headlined "Tucson killer's execution delayed."

Update: A revised AP report issued at 2:48 p.m. eastern time states that Arizona's highest court has lifted its stay of execution.
Posted at 02:35 PM by Howard Bashman




"Police looking to identify car in Markel case": Sean Rossman of The Tallahassee Democrat has this news update.
Posted at 02:09 PM by Howard Bashman




"Gunman targeted, killed top Florida State University law professor: police." The New York Daily News has this report.
Posted at 12:40 PM by Howard Bashman




"Reining in ObamaCare -- and the President: Halbig v. Burwell is about determining whether the president, like an autocrat, can levy taxes on his own." Law professor Jonathan H. Adler and Michael F. Cannon have this op-ed in today's edition of The Wall Street Journal.

You can freely access the full text of the op-ed via Google.
Posted at 11:38 AM by Howard Bashman




"Bad Readers: The judges who ruled against Obamacare are following Scalia down a terrible path of interpretation." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- today has this jurisprudence essay online at Slate.
Posted at 11:35 AM by Howard Bashman




"How to Beat Hobby Lobby: Can the states force companies to cover birth control for their employees?" Daniel Townsend has this jurisprudence essay online today at Slate.
Posted at 11:22 AM by Howard Bashman




"Judges in health care rulings vote party line": The Associated Press has this report.
Posted at 10:30 AM by Howard Bashman




"Latest Obamacare legal knot won't be easy to untangle": David Ingram of Reuters has this report.
Posted at 08:50 AM by Howard Bashman




Tuesday, July 22, 2014

"Prosecutors Are Reading Emails From Inmates to Lawyers": This front page article will appear in Wednesday's edition of The New York Times. According to the article, "across the country, federal prosecutors have begun reading prisoners' emails to lawyers."
Posted at 11:46 PM by Howard Bashman




"Obama's Health Care Law Has A Confusing Day In Court": Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered." In addition, Mara Liasson had an audio segment titled "Obamacare's Split Decisions Spell Law's Possible Return To Supreme Court."

And in commentary, Wednesday's edition of The New York Times will contain an editorial titled "An Ominous Health Care Ruling."

Online at Slate, Emily Bazelon has a jurisprudence essay titled "Obamacare Is Safe: Don't worry, the ruling against heath care subsidies is going to be reversed." And David Weigel has an essay titled "Did Conservatives Just Win a Leninist Victory Over Obamacare?"

Online at Vox, Ezra Klein has an essay titled "No, the Halbig case isn't going to destroy Obamacare."

Online at The New Republic, Brian Beutler has an essay titled "This Shamefully Dishonest Obamacare Ruling Could Blow Up in the GOP's Face."

At Politico Magazine, law professor Abbe R. Gluck has an essay titled "What the D.C. Circuit Got Wrong About Obamacare."

Online at The Daily Beast, Michael Tomasky has an essay titled "Conservatives Find Typo In Obamacare, Try To Kill People With It."

Online at Ricochet, law professor Richard Epstein has an essay titled "Understanding the Obamacare Subsidy Rulings."

At National Review Online, Ian Tuttle has an essay titled "Halbig Goes Nuclear: If Tuesday's ruling is overturned, blame Harry Reid." And at "The Corner" blog, Hans A. von Spakovsky has a post titled "Obamacare's Almost Surely Going Back to the Supreme Court"; law professor John Yoo has a post titled "Halbig Could Be Chief Justice Roberts's Chance to Redeem Himself"; and Andrew C. McCarthy has a post titled "Halbig Is Not About a 'Drafting Error.'"
Posted at 11:40 PM by Howard Bashman




"What the Hobby Lobby Ruling Means for America": Binyamin Appelbaum will have this "It's the Economy" essay in this upcoming Sunday's issue of The New York Times Magazine.
Posted at 11:14 PM by Howard Bashman




"Stanford's Mariano-Florentino Cuellar tapped for California Supreme Court; Cuellar has been nominated to serve as an associate justice of the California Supreme Court; He is the director of the Freeman Spogli Institute for International Studies and a professor at the law school": Stanford News has this report.
Posted at 11:11 PM by Howard Bashman




"Colorado AG loses another round from Court of Appeals on TABOR lawsuit": The Denver Post has a news update that begins, "Attorney General John Suthers has lost his request to have the entire 10th U.S. Circuit Court of Appeals rehear a decision by a court panel that ruled Coloradans have a right to challenge the constitutionality of the Colorado Taxpayer's Bill of Rights."

You can access today's order of the U.S. Court of Appeals for the Tenth Circuit denying rehearing en banc, and the three dissents therefrom, at this link.
Posted at 10:52 PM by Howard Bashman




"How Obama's court strategy may help save Obamacare": Josh Gerstein of Politico.com has a report that begins, "Last fall, President Barack Obama and Senate Majority Leader Harry Reid deployed the 'nuclear option' to help get three liberal judges onto the D.C. Circuit appeals court. Tuesday's ruling on Obamacare is a dramatic example of why they forced the issue."

And Tom Howell Jr. of The Washington Times reports that "D.C. appeals panel deals big blow to Obamacare subsidies; But second court backs administration on key part of law."
Posted at 09:48 PM by Howard Bashman




"Execution in Arizona Is Approved by Justices": Adam Liptak of The New York Times has this news update.

And Michael Kiefer of The Arizona Republic has a news update headlined "Supreme Court lifts stay of Arizona execution; Joseph Wood will be executed by lethal injection on Wednesday in Florence."
Posted at 09:32 PM by Howard Bashman




Having sex on desks is apparently very popular among employees of at least one Indiana prison: So suggests the opening paragraph of an opinion that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.
Posted at 08:02 PM by Howard Bashman




"7th Circuit splits on arrestee booking fees": Chicago Daily Law Bulletin has a report that begins, "People forced to pay $30 to the village of Woodridge following their arrest won't be getting their money back -- at least, not any time soon. Splintering four ways after a rare en banc hearing, the 7th U.S. Circuit Court of Appeals on Monday declined to revive a lawsuit challenging the constitutionality of an ordinance that imposed a non-refundable booking fee on anyone arrested in the village."

You can access yesterday's 55-page en banc non-decision of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 07:56 PM by Howard Bashman




"Supreme Court allows Arizona execution to proceed": The Associated Press has a report that begins, "The U.S. Supreme Court on Tuesday allowed an Arizona execution to go forward amid a closely watched First Amendment fight over the secrecy surrounding lethal injection drugs in the country."

You can access this evening's order of the U.S. Supreme Court at this link.
Posted at 07:45 PM by Howard Bashman




"The text is what it is, no matter which side benefits." So observes Circuit Judge Frank H. Easterbrook in an interesting statutory construction decision that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 07:42 PM by Howard Bashman




"FSU Professor's Fatal Shooting Rattles Campus": The ABC News program Good Morning America has this report.

FoxNews.com reports that "Legal community stunned at murder of top law professor."

At Forbes.com, Danielle Citron has a post titled "Honoring Dan Markel: Life's Lessons."

And at "PrawfsBlawg," Howard Wasserman has a post titled "Memorials for Dan Markel."
Posted at 07:26 PM by Howard Bashman




"Arizona asks top court to reverse execution ruling": The Associated Press has this report.
Posted at 05:32 PM by Howard Bashman




"Police, community seek answers in renowned FSU law professor's slaying": CNN.com has this report.

And The Daily Mail (UK) has a report headlined "'He was the intended target': Police in Florida admit they are baffled by murder of Harvard-educated professor Dan Markel after divorced father-of-two shot dead in apparent 'assassination.'"
Posted at 05:26 PM by Howard Bashman




"Mexico-born law professor Cuellar chosen for California Supreme Court": Maura Dolan of The Los Angeles Times has this news update.

Howard Mintz of The San Jose Mercury News has an update headlined "Stanford law school professor named to California Supreme Court."

The Sacramento Bee has a news update headlined "Jerry Brown names law school professor to California Supreme Court."

And The Associated Press reports that "Law professor nominated to California high court."
Posted at 02:30 PM by Howard Bashman




"Slain Toronto professor Dan Markel eulogized by colleagues; Law professors from around the U.S. pen memorial to Toronto-born man killed in Florida": CBC News has this report.
Posted at 02:23 PM by Howard Bashman




"Dan Markel died from gushot wound to the head": Sean Rossman of The Tallahassee Democrat has this news update.

And at the "Just Security" blog, law professor Andy Wright has a post titled "Dan Markel (1972-2014)."
Posted at 01:22 PM by Howard Bashman




"Courts Issue Conflicting Rulings on Health Care Law": Robert Pear of The New York Times has this news update reporting on today's D.C. Circuit ruling in the Halbig case (see this earlier post collecting early news coverage) and today's ruling of the U.S. Court of Appeals for the Fourth Circuit in King v. Burwell.

The Washington Post has a news update headlined "Federal appeals court panel deals major blow to health law" that begins, "Two federal appellate courts handed down contradictory rulings Tuesday on the legality of a central part of the Affordable Care Act that provides insurance subsidies to millions of Americans in three dozen states that rely on the new federal health insurance marketplace."

David G. Savage of The Los Angeles Times has a news update headlined "D.C. court ruling deals new blow to Affordable Care Act."

Brent Kendall and Stephanie Armour of The Wall Street Journal have a news update headlined "Appeals Courts Issue Conflicting Rulings on Health-Law Subsidies; Subsidies Seen as Crucial to Implementation of Affordable Care Act."

Richard Wolf of USA Today reports that "Appeals court panel deals blow to Obamacare."

Politico.com has reports headlined "D.C. Appeals court strikes Obamacare subsidies"; "DOJ to appeal 'incorrect' Halbig ruling"; and "GOP: Ruling an Obamacare 'repudiation.'"

The Hill has reports headlined "Federal appeals court strikes blow against ObamaCare subsidies"; "Second court disagrees, upholds subsidies"; and "Hoyer: Court ignores Congress's intent."

Sahil Kapur of TPM DC reports that "Federal Appeals Courts Clash Over Obamacare Subsidies." And Dylan Scott of TPM DC reports that "4.7 Million Could Lose Obamacare Subsidies After Huge Court Decision."
Posted at 12:58 PM by Howard Bashman




"Motrin Lawsuit: Jury Awards Girl $10 Million for Burns and Blindness." The ABC News program Good Morning America had this report in June 2011.

Today, a unanimous three-judge panel of the Superior Court of Pennsylvania affirmed the judgment in plaintiffs' favor, in a case in which I had briefed and argued the appeal on the plaintiffs' behalf. You can access today's ruling at this link, and you can access my clients' Brief for Appellees at this link.
Posted at 12:00 PM by Howard Bashman




"Because we conclude that the ACA unambiguously restricts the section 36B subsidy to insurance purchased on Exchanges 'established by the State,' we reverse the district court and vacate the IRS's regulation." A divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit today issued its ruling in Halbig v. Burwell.

Senior Circuit Judge Harry T. Edwards issued a dissenting opinion that begins, "This case is about Appellants' not-so-veiled attempt to gut the Patient Protection and Affordable Care Act."

In early news coverage, Andrew Zajac of Bloomberg News reports that "Obamacare Aid for Plan Buyers on U.S. Exchange Overturned."

David Morgan, Lawrence Hurley, and Aruna Viswanatha of Reuters have a report headlined "Appeals court throws out IRS rule on Obamacare subsidies."

The Associated Press reports that "Federal appeals court deals blow to health law."

And Lyle Denniston of "SCOTUSblog" has a post titled "Major new blow to health care law."
Posted at 10:21 AM by Howard Bashman




"U.S. Senate confirms Carnes for Atlanta-based appeals bench": Daniel Malloy of The Atlanta Journal-Constitution has an article that begins, "The U.S. Senate on Monday confirmed Judge Julie Carnes to serve on the Atlanta-based U.S. Circuit Court of Appeals, the first judicial vacancy filled in Georgia since 2011."
Posted at 08:22 AM by Howard Bashman




"Remembering Dan Markel": Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 08:21 AM by Howard Bashman




"U.S. court denies bid to reconsider stay of Arizona execution": Reuters has this report.

The Associated Press reports that "Arizona execution drug case heads to Supreme Court."

And at WSJ.com's "Law Blog," Jacob Gershman has a post titled "Judge Kozinski: Bring Back the Firing Squad."

You can access yesterday's order of the U.S. Court of Appeals for the Ninth Circuit denying en banc review, and the dissents therefrom, at this link.
Posted at 08:17 AM by Howard Bashman




"Arizona Seeks to Postpone Ruling on Drug-Induced Abortion": Bloomberg News has a report that begins, "Arizona is seeking to postpone a ruling that blocked its restrictions on drug-induced abortions while it appeals to the U.S. Supreme Court."

Update: The U.S. Court of Appeals for the Ninth Circuit has posted Arizona's stay motion at this link.
Posted at 08:12 AM by Howard Bashman




Monday, July 21, 2014

"Dan Markel 'intended victim' of fatal shooting": Sean Rossman of The Tallahassee Democrat has this report.

In Tuesday's edition of The New York Times, John Schwartz will have an article headlined "Police Seek Clues in Fatal Shooting of Widely Known Criminal Law Professor in Florida; Dan Markel's Death Reverberates Among Legal Scholars."

At "Above the Law," David Lat has a post titled "Professor Dan Markel: Some Personal Recollections."

And online at Jewish Journal, Abigail Shrier has written an obituary headlined "Dan Markel, legal scholar, dies at 41."
Posted at 11:58 PM by Howard Bashman




"Justice Kennedy says Constitution 'flawed document'": Bob Egelko of The San Francisco Chronicle has this blog post today.
Posted at 11:54 PM by Howard Bashman




"A Prominent Law Professor Is Shot At Home And Killed": David Lat has this post at "Above the Law."
Posted at 01:00 PM by Howard Bashman




"Canadian professor was killed in targeted attack, Florida police say": The Toronto Globe and Mail has a news update that begins, "A law professor originally from Toronto was killed in a targeted attack in his Florida home, police said Monday."

And The Tallahassee Democrat has a news update headlined "TPD Chief DeLeo calls Markel shooting a 'murder.'"
Posted at 12:07 PM by Howard Bashman




Confusing entrapment jury instruction leads majority on divided three-judge Second Circuit panel to order new trial on charges of transporting and shipping child pornography: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:15 AM by Howard Bashman




"A cucumber has characteristics similar to a zucchini but it is not, in fact, a zucchini." So observes the U.S. Court of Appeals for the Seventh Circuit today in an opinion ruling against an appeal brought by the American Bar Association's Retirement Funds.
Posted at 11:12 AM by Howard Bashman




Access online today's Order List of the U.S. Supreme Court: The Court has posted the Order List at this link.
Posted at 10:05 AM by Howard Bashman




"Governor seeking reconsideration of license ruling": The Associated Press has a report that begins, "Arizona Gov. Jan Brewer asked an appeals court Friday to reconsider its earlier ruling that blocked her policy denying driver's licenses to young immigrants who have avoided deportation under an Obama administration policy."

You can view Arizona's petition for rehearing or rehearing en banc at this link.
Posted at 08:07 AM by Howard Bashman




"Dan Markel's Meaningful Life Ends in Senseless Death; Law Professor Was Mensch in Every Sense of Word": Jay Michaelson has this essay in The Jewish Daily Forward.

And Bob Gabordi of The Tallahassee Democrat has an essay titled "TPD must learn trust, respect are two-way streets."
Posted at 08:02 AM by Howard Bashman




"Why experts see little hope for GOP plan to sue Obama over law's delay": David G. Savage of The Los Angeles Times has this report.
Posted at 07:56 AM by Howard Bashman




Sunday, July 20, 2014

"A Lifetime on California's Death Row": This editorial will appear in Monday's edition of The New York Times.

Online at The New York Times, Justin Wolfers has an essay titled "Life in Prison, With the Remote Possibility of Death."

And online recently at The Washington Post, law professor Charles J. Ogletree Jr. had an essay titled "The death penalty is incompatible with human dignity."
Posted at 10:42 PM by Howard Bashman




"Court Delays Execution Over Secrecy With Drugs": Erik Eckholm will have this article in Monday's edition of The New York Times.
Posted at 10:03 PM by Howard Bashman




"No leads on death of Canadian law professor killed in Tallahassee, Florida": The Toronto Globe and Mail has this news update.
Posted at 09:37 PM by Howard Bashman




"Justices' cellphone privacy ruling may have broad impact": Richard Wolf of USA Today has this report.
Posted at 09:30 PM by Howard Bashman




"Dan Markel's death, lack of information, frustrate neighbors": The Tallahassee Democrat has this news update.

And The Toronto Star has an updated article headlined "Toronto-born law professor Dan Markel gunned down at his Florida home; Tallahassee police have no suspects in the murder of the Florida State University professor, a father of two young boys."
Posted at 07:50 PM by Howard Bashman




"In U.S. gay marriage cases, children emerge in the limelight": Joan Biskupic of Reuters has this report today.
Posted at 11:04 AM by Howard Bashman




"WH not worried about Ginsburg chatter": Amie Parnes and Justin Sink of The Hill today have an article that begins, "The White House says it's not worried about a possible retirement by Ruth Bader Ginsburg or any other Supreme Court justice."
Posted at 09:40 AM by Howard Bashman




"Toronto-raised law professor shot dead in Florida; Dan Markel, father of two and law professor at Florida State University, was shot at his house in Tallahassee on Friday, according to media reports; He died Saturday": The Toronto Star has this report.
Posted at 08:42 AM by Howard Bashman




"John Seigenthaler's Search for Justice": Kenneth Jost has this post today at his blog, "Jost On Justice."
Posted at 08:37 AM by Howard Bashman




"Law firm in Hobby Lobby win is playing key role in religion cases": This article appears today in The Los Angeles Times.
Posted at 08:33 AM by Howard Bashman




Saturday, July 19, 2014

"Appeals court postpones Arizona man's execution": The Associated Press has this report.

And Michael Kiefer of The Arizona Republic has a news update headlined "Court: No execution unless Arizona reveals drug source."
Posted at 10:22 PM by Howard Bashman




"Appeals court eyes man's bid to delay execution": Yesterday, The Associated Press had a report that begins, "A federal appeals court on Friday began considering whether to grant a reprieve in the upcoming execution of an Arizona inmate after his lawyer sought information about the two-drug combination that will be used to put him to death."

More recently, this evening, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed the district court's denial of a preliminary injunction and held that the death row inmate was entitled to the information he is seeking. You can access the majority opinion at this link and the dissenting opinion at this link.
Posted at 07:20 PM by Howard Bashman




"FSU law professor dies in shooting": The Tallahassee Democrat has a news update that begins, "Dan Markel, a well-known Florida State law professor and author, died after being shot Friday, according to friends and the FSU law school."

On a personal note, Markel was a longtime valued friend of this blog who, while still in private practice, helped me to recruit one of the interviewees for this blog's "20 questions for the appellate judge" feature. His friendship will be missed, and I send my condolences to his family and many friends. Markel was a founder of "PrawfsBlawg," which notes his passing in this post.
Posted at 06:58 PM by Howard Bashman




"At Long Last, Justice for Ronnie White": This editorial appears today in The New York Times.
Posted at 11:08 AM by Howard Bashman




Friday, July 18, 2014

"Utah gets delay on same-sex marriages' legality": Lyle Denniston has this post at "SCOTUSblog."

Jessica Miller of The Salt Lake Tribune has a news update headlined "Supreme Court grants stay in Utah marriage recognition case."

Dennis Romboy of The Deseret News has an update headlined "Supreme Court issues stay in Utah gay marriage recognition case."

Adam Liptak of The New York Times has a news update headlined "Justices Say Utah Doesn't Have to Recognize Gay Marriages."

And Richard Wolf of USA Today reports that "Supreme Court keeps Utah same-sex marriages on ice."

You can access today's order of the U.S. Supreme Court at this link.
Posted at 06:05 PM by Howard Bashman




Among the documents released today by the William J. Clinton Presidential Library & Museum: PDF files described as "Supreme Court Nominations (Ginsburg/Breyer)" and "Judge Sonia Sotomayor."
Posted at 01:57 PM by Howard Bashman




Unanimous three-judge D.C. Circuit panel affirms rejection of lawsuit against Pentagon leaders for allowing a hostile climate toward sexual assault victims and retaliating against those who reported such abuses: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

C-SPAN has posted the audio of the appellate oral argument at this link.
Posted at 01:32 PM by Howard Bashman




"A weak opinion striking down California's death penalty": Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 01:22 PM by Howard Bashman




"Stanford Losses Not Covered by SIPC, Appeals Court Rules": Bloomberg News has this report.

Reuters has a report headlined "Stanford's Ponzi victims cannot file compensation claims: U.S. court."

And The Wall Street Journal has a news update headlined "SEC Loses Lawsuit Against Brokerage Insurance Fund SIPC; SEC Sought to Force Payments to Victims of Stanford Ponzi Scheme." You can freely access the full text of the article via Google.

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:17 PM by Howard Bashman




"Gov. says Utah will comply with law if Sotomayor doesn't grant stay; Both sides in same-sex marriage recognition case await word from Supreme Court": Dennis Romboy of The Deseret News has this update.
Posted at 12:57 PM by Howard Bashman




"Court rules for gay marriage in Oklahoma case": The Associated Press has a report that begins, "A federal appeals court on Friday ruled Oklahoma must allow gay couples to wed, marking the second time it has found the U.S. Constitution protects same-sex marriage."

Chris Casteel of The Oklahoman has a news update headlined "Federal appeals court confirms Oklahoma ban on same-sex marriage unconstitutional; Court puts same-sex marriages on hold in Oklahoma until U.S. Supreme Court decides whether to hear appeal in Utah or Oklahoma cases."

The Tulsa World has a news update headlined "Oklahoma's ban on gay marriage unconstitutional, federal appeals court rules."

And Richard Wolf of USA Today reports that "Appeals court strikes down Oklahoma gay marriage ban."

You can access today's 2-to-1 ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.

Circuit Judge Jerome A. Holmes issued a 27-page concurring opinion that "endeavors to clarify the relationship between animus doctrine and same-sex marriage laws and to explain why the district court made the correct decision in declining to rely upon the animus doctrine" in striking down Oklahoma's same-sex marriage ban.

Update: In other coverage, at "SCOTUSblog," Lyle Denniston has a post titled "Appeals court nullifies another same-sex marriage ban."
Posted at 11:44 AM by Howard Bashman




"Judge drops baggy pants citation; District Judge Wayne Maura shouldn't have fined Alburtis teen for droopy drawers, Lehigh County judge rules": This front page article appears today in The Morning Call of Allentown, Pennsylvania.

And The Express-Times of Easton, Pennsylvania reports that "Contempt charge over sagging pants in courtroom dismissed by judge."
Posted at 10:51 AM by Howard Bashman




"Court: Nebraska child porn decision constitutional." The Associated Press has a report that begins, "A federal appeals court ruled Thursday that a Nebraska man convicted of distributing child pornography when he sent a photo showing the head of an 11-year-old girl on the nude body of an adult woman did not have his free speech rights violated."

My earlier coverage of yesterday's Eighth Circuit ruling appears at this link.
Posted at 10:25 AM by Howard Bashman




"Georgia Judge Julie Carnes set up for Senate confirmation Monday": The Atlanta Journal-Constitution has an article that begins, "Judge Julie Carnes cleared a U.S. Senate procedural vote Thursday, setting up a confirmation vote Monday to fill a long-vacant seat on the 11th Circuit Court of Appeals in Atlanta."
Posted at 10:21 AM by Howard Bashman




"Biggest 'patent troll' slapped down hard by appeals court; Dozens of companies were sued over an old Polaroid digital imaging patent": Joe Mullin of Ars Technica has this report.
Posted at 10:18 AM by Howard Bashman




"Gay Marriage Stirs Backlash as Businesses Assert Religion": Greg Stohr of Bloomberg News has this report today.
Posted at 10:16 AM by Howard Bashman




"Newport Beach seeks Supreme Court ruling on sober-living homes; Dispute began in 2008, when city began regulating who could open up sites for recovering addicts": Lauren Steussy has this article in today's edition of The Orange County Register.
Posted at 08:40 AM by Howard Bashman




Thursday, July 17, 2014

"John Seigenthaler: 'Cherished Friend' of Judges and Journalists." The Administrative Office of the U.S. Courts issued this news release today.
Posted at 08:53 PM by Howard Bashman




"Should judge follow his own advice to 'STFU'; Federal jurist ruffles some feathers of colleagues, but his honesty is refreshing": Tony Mauro has this op-ed online at USA Today.
Posted at 08:50 PM by Howard Bashman




"This ruling should worry every software patent owner": Online today at Vox, Timothy B. Lee has a post that begins, "On Friday we got our first taste of the practical consequences of last month's landmark decision from the Supreme Court restricting patents on software."
Posted at 01:32 PM by Howard Bashman




Applying strict scrutiny, the Eighth Circuit rejects as-applied First Amendment challenge to federal statute making it a crime to morph the face of a child onto a pornographic image depicting adults: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 01:25 PM by Howard Bashman




"Racial Preference Rewind: UT and the Fifth Circuit show what they think of Justice Kennedy's ruling." This editorial appears in today's edition of The Wall Street Journal. You can freely access the full text of the editorial via Google.

And at The Huffington Post, law professor Scott D. Gerber has a blog entry titled "5th Circuit Thumbs Its Nose at U.S. Supreme Court in Racial Preferences Case."
Posted at 10:28 AM by Howard Bashman




"Hobby Lobby's harvest: A religious exemption for LGBT discrimination?" Business columnist Michael Hiltzik of The Los Angeles Times has this essay.
Posted at 10:22 AM by Howard Bashman




"Federal judge's ruling on California death penalty stuns experts": Maura Dolan and Victoria Kim of The Los Angeles Times have this report.

In today's edition of The New York Times, Erik Eckholm and John Schwartz have an article headlined "California Death Penalty System Is Unconstitutional, Federal Judge Rules."

And online at The Week, Andrew Cohen has an essay titled "The troubling lessons of California's death penalty ruling: To truly ensure justice in America's largest state, the government will have to spend a fortune; And it most certainly won't."
Posted at 10:20 AM by Howard Bashman




"Supreme Court ruling on prayer at board meetings still reverberates": The Los Angeles Times has this report.
Posted at 08:51 AM by Howard Bashman




"Affirmative action could be headed back to the Supreme Court": Adam Serwer of msnbc.com has this report.
Posted at 08:50 AM by Howard Bashman




"What's really behind the suit to overturn California's foie gras ban?" The Los Angeles Times has this report.
Posted at 08:46 AM by Howard Bashman




Wednesday, July 16, 2014

"Democratic bid to reverse Hobby Lobby fails": Politico.com has this report.

And The Associated Press reports that "Dems seek gains with women in birth control loss."
Posted at 11:42 PM by Howard Bashman




"'Sherlock Holmes' goes to the Supreme Court for a case of copyright": Bill Mears of CNN.com has this report.

And yesterday at "SCOTUSblog," Lyle Denniston has a post titled "Sherlock Holmes and the mystery of copyright."
Posted at 11:30 PM by Howard Bashman




"Utah asks U.S. Supreme Court for urgent intervention to halt same-sex-marriage recognition": Marissa Lang of The Salt Lake Tribune has this news update.

And Dennis Romboy of The Deseret News has an update headlined "Utah asks U.S. Supreme Court for stay in gay marriage recognition case."

You can view the stay request, addressed to Circuit Justice Sonia Sotomayor, at this link.

Update: In other coverage, at "SCOTUSblog," Lyle Denniston has a post titled "Utah challenges 'interim' same-sex marriages."
Posted at 08:26 PM by Howard Bashman




"Blagojevich files new argument in appeal": The Associated Press has this report.
Posted at 06:17 PM by Howard Bashman




"After small crash, a long, costly court battle": Craig R. McCoy had this article earlier this week in The Philadelphia Inquirer.
Posted at 04:32 PM by Howard Bashman




"Guantanamo judge's secret order on secret motion is so secret defense lawyers can't see it; Only the prosecutors know what the war court judge has ordered, but they won't discuss it because it's a secret": Carol Rosenberg of The Miami Herald has this report.
Posted at 04:17 PM by Howard Bashman




"Federal judge rules California death penalty is unconstitutional": Maura Dolan of The Los Angeles Times has this news update.

Bob Egelko of The San Francisco Chronicle has a news update headlined "Federal judge rules California's death penalty unconstitutional."

And The Associated Press reports that "US judge rules against California death penalty."

You can access today's ruling of the U.S. District Court for the Central District of California at this link.
Posted at 03:55 PM by Howard Bashman




"Senate confirms St. Louis' Ronnie White as federal judge": The St. Louis Post-Dispatch has a news update that begins, "In a near party-line vote, the Senate today confirmed Ronnie White as a U.S. District Court judge in Missouri. The vote was 53-44."

According to the article, "White's confirmation comes 15 years after his first nomination to the judgeship by then-President Bill Clinton was defeated by nine votes in the Senate in 1999."

You can access today's official U.S. Senate roll call vote tally at this link.
Posted at 03:50 PM by Howard Bashman




"Family That Owns Hobby Lobby Plans Bible Museum in Washington": The New York Times has this news update.
Posted at 01:50 PM by Howard Bashman




"Separate and Unequal: Frontline examines what's behind the growing racial divide in American schools." You can view the video of yesterday's broadcast of the PBS program "Frontline" at this link.
Posted at 01:42 PM by Howard Bashman




"Gov't to release more Clinton White House records": The Associated Press has a report that begins, "The National Archives said Wednesday it will release previously restricted records from the Clinton White House on Supreme Court nominations, Osama bin Laden and Vice President Al Gore's 2000 presidential campaign."

According to the article, "The latest batch of memos and papers will cover a number of topics, including the Supreme Court nominations of Justices Ruth Bader Ginsburg and Stephen Breyer along with papers related to Justice Sonia Sotomayor, who was nominated by then-President Bill Clinton to the U.S. Court of Appeals in 1997." The papers are scheduled for release on Friday.
Posted at 10:35 AM by Howard Bashman




"The Hobby Lobby Decision and Its Distortions: Nothing in the Supreme Court's recent ruling denies women access to birth control." U.S. Senators Kelly Ayotte (R-NH) and Deb Fischer (R-NE) have this op-ed in today's edition of The Wall Street Journal.

You can freely access the full text of the op-ed via Google.
Posted at 10:32 AM by Howard Bashman




"Little Sisterhood at Supreme Court; The Brethren Use 'Brother,' but Almost Never 'Sister,' for Opposing Counsel": Jess Bravin has this article today in The Wall Street Journal.
Posted at 10:27 AM by Howard Bashman




"Appeals Panel Upholds Race in Admissions for University": Tamar Lewin has this article today in The New York Times.

Warren Richey of The Christian Science Monitor has an article headlined "University of Texas can use race as factor in admission, court rules."

And today's edition of The Dallas Morning News contains a front page article headlined "University of Texas upheld on considering race in admissions."

My earlier coverage of yesterday's Fifth Circuit ruling appears here and here.
Posted at 08:56 AM by Howard Bashman




"Roberts Turns Supreme Court Into Friendliest Bar in Washington; Taking Cues From Chief, Justices Call Lawyers 'Friends,' Not Opponents": Jess Bravin and Theo Francis have this front page article in today's edition of The Wall Street Journal.
Posted at 08:51 AM by Howard Bashman



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