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Friday, May 24, 2013 "The Supreme Court Must Stop The Trial Lawyers' War On Innovation": Theodore H. Frank has this essay at Forbes.com. Posted at 08:56 PM by Howard Bashman "Diabetes in California schools: State's high court to hear legal battle over insulin shots." Howard Mintz of The San Jose Mercury News has this update. Posted at 08:36 PM by Howard Bashman "In Fourth Circuit, a Spotlight on Warrantless GPS Tracking": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times." Posted at 04:00 PM by Howard Bashman "U.S. Chief Justice returns to LaPorte school for commencement address": The Post-Tribune of Gary, Indiana has this news update. The Times of Northwest Indiana has a news update headlined "Chief Justice Roberts encourages grads at LaPorte County alma mater." And The Associated Press reports that "Chief Justice Roberts tells graduates at his N. Indiana alma mater that persistence is key." "Judges may 'cut and paste' when writing their judgments: Supreme Court." Kirk Makin of The Toronto Globe and Mail has a news update that begins, "Judges can incorporate material they didn't write into their judgments provided they apply themselves diligently to the issues in the case, the Supreme Court of Canada ruled this morning." The Vancouver Sun has a news update headlined "Supreme Court OK with B.C. judge who copied one side's submissions in ruling." Canadian Press reports that "Supreme Court of Canada OK with judge who copied ruling from plaintiff's written submissions." And CBC News reports that "Top court reinstates $4M award in plagiarizing-judge suit; B.C. judge hearing medical lawsuit copied parts of ruling from plaintiff submission." You can acces today's ruling of the Supreme Court of Canada at this link. "The 6th Circuit splits with 2nd and 9th, lowers bar for securities claims": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. Posted at 03:42 PM by Howard Bashman "Scalia vs. Roberts: The conservative justices faced off over Obamacare -- now they're dueling again." Tom Donnelly and Doug Kendall have this jurisprudence essay online at Slate. Posted at 03:33 PM by Howard Bashman "Argument Audio: The Four Holdout Circuits." Michelle Olsen has this post today at her blog, "Appellate Daily." Posted at 02:33 PM by Howard Bashman "Appeals court upholds Ciavarella's 28-year sentence": The Citizens' Voice of Wilkes-Barre, Pennsylvania has a news update that begins, "A federal appeals court Friday upheld the conviction and 28-year prison sentence for disgraced former Luzerne County Judge Mark A. Ciavarella Jr." You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link. "Court hears 'sensitive jobs' fight": Josh Gerstein of Politico.com has this blog post reporting on a case reargued en banc today at the U.S. Court of Appeals for the Federal Circuit. You can access the oral argument audio via this link (14.3 MB mp3 audio file). And you can access the original three-judge panel's ruling in the case at this link. "Appeals court hears arguments in Wilmington public housing gun case": Sean O'Sullivan of The News Journal of Wilmington, Delaware has a report that begins, "Having lost a federal court battle over restricting guns in Wilmington's public housing, plaintiffs backed by the National Rifle Association asked an appeals court [yesterday] morning to send the matter back to Delaware courts." You can access at this link (18.2 MB Windows Media audio file) the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit. "Supreme Court's Ruling in Arlington v. FCC Highlights Debate Over the Meaning and Future of Chevron Deference Doctrine in Administrative Law": Law professor Vikram David Amar has this essay today at Justia.com's Verdict. Posted at 09:10 AM by Howard Bashman "Obama wades back into debates over drones, Guantanamo Bay": Josh Gerstein and Jennifer Epstein of Politico.com have this report. Posted at 09:04 AM by Howard Bashman Thursday, May 23, 2013 "Court hears Hobby Lobby's challenge to part of health-care law": The Denver Post has this news update. The Oklahoman has a news update headlined "Hobby Lobby argues case before federal judges; Attorneys for the Oklahoma City retailer restate its claim that the religious beliefs of the firm's owners are violated by a federal requirement that the company provide insurance coverage for emergency contraceptives." And The Associated Press reports that "Hobby Lobby tests birth-control coverage mandate." "Senate Confirms a Judge, but Rancor Remains": This article will appear in Friday's edition of The New York Times. The Washington Post reports that "Sri Srinivasan confirmed to serve on influential U.S. appeals court for D.C. Circuit." The Washington Times reports that "Senate confirms first Obama nominee for appeals court in D.C." And David G. Savage of The Los Angeles Times reports that "Senate confirms Obama's first D.C. Circuit Court nominee." "Broad limit on appointments urged": Lyle Denniston has this post at "SCOTUSblog." Posted at 05:40 PM by Howard Bashman "Justice Sotomayor Takes Swing At Famed Baseball Case": Nina Totenberg of NPR has this report. Posted at 05:37 PM by Howard Bashman "Court split over shouting at procession for slain Berks deputy": Mark Scolforo of The Associated Press has a report that begins, "A divided Pennsylvania appeals court is upholding some charges, but not disorderly conduct, against a woman convicted after shouting a vulgar expression about police amid a procession of vehicles escorting the body of slain Berks County deputy Kyle Pagerly." Today's ruling of the Superior Court of Pennsylvania consists of a majority opinion and an opinion concurring in part and dissenting in part. "Julius Genachowski: The Exit Interview; The outgoing FCC boss on net neutrality, political polarization, and free speech." Law professor Jeffrey Rosen has this interview with my former Columbia Spectator colleague Julius Genachowski online today at The New Republic. Posted at 04:35 PM by Howard Bashman "EPA gets surprise boost from ruling on cell towers": Jeremy P. Jacobs of Greenwire has this report. Posted at 04:23 PM by Howard Bashman "Ten Potential Democratic Supreme Court Nominees Who Aren't Named 'Sri Srinivasan'": Ian Millhiser has this post this afternoon at "ThinkProgress." Posted at 03:04 PM by Howard Bashman The U.S. Senate has just voted to confirm Sri Srinivasan to serve on the U.S. Court of Appeals for the D.C. Circuit by a vote of 97-to-0: You can access the official roll call vote tally at this link. In early news coverage, Sahil Kapur of TPM DC reports that "Senate Confirms Srinivasan To Powerful D.C. Circuit Court." The Associated Press reports that "Senate confirms Obama nominee to key appeals court." And Richard Wolf of USA Today has a news update headlined "Sri Srinivasan: Supreme Court justice in the making? The India native and Justice Department litigator, confirmed to the nation's second-highest court, puts hard work above ideology, but not above his beloved Kansas Jayhawks." Update: In other coverage, Lawrence Hurley of Reuters reports that "Senate approves Obama nominee to key appeals court." And Michael Doyle of McClatchy Washington Bureau reports that "Rising judicial star Sri Srinivasan is playmaker with all the right legal moves." "Sri Srinivasan to get confirmation vote Thursday afternoon": At the "Post Politics" blog of The Washington Post, Juliet Eilperin has an entry that begins, "Sri Srinivasan -- the principal deputy solicitor general President Obama has nominated to sit on the U.S. Court of Appeals for the District of Columbia Circuit, will get a vote on the Senate floor at 2 p.m. under a bipartisan agreement." Posted at 01:08 PM by Howard Bashman "AZ House debate: Did lawmaker deliver a nonprayer?" Howard Fischer has this article today in The Arizona Daily Star. Yesterday's edition of The Arizona Republic contained an article headlined "Arizona lawmaker: I'm an atheist." And The Associated Press reports that "Arizona House non-prayer sparks Christian re-do; Republican lawmaker asks for 'repentance' after atheist's prayer." "Swinger blocked from operating sex club gets another day in court": Yesterday's edition of The Las Vegas Sun contained this article reporting on an unpublished ruling that the U.S. Court of Appeals for the Ninth Circuit issued Tuesday. Posted at 10:42 AM by Howard Bashman "Mandating birth-control benefits unlawful, appeals court told": Today's edition of The Chicago Tribune contains an article that begins, "Lawyers for two Roman Catholic-owned companies in Illinois and Indiana argued before the Seventh Circuit Court of Appeals Wednesday that a law forcing them to include birth control in their employees' benefits would violate their First Amendment rights." You can access at this link (6.63 MB mp3 audio file) and at this link (6.11 MB mp3 audio file) the audio of yesterday's two related oral arguments before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit. Update: In other coverage, Robert Barnes of The Washington Post reports that "Some business owners resist providing employees with contraceptive coverage." "2013 Hooding Address -- Prof Tom Goldstein": Earlier this month, Tom Goldstein of "SCOTUSblog" gave this very entertaining talk to the newest graduates of the University of New Mexico School of Law. Posted at 10:28 AM by Howard Bashman "Hobby Lobby takes birth control battle to appellate court Thursday; Federal appellate judges will hear arguments Thursday in Hobby Lobby's case against a federal health care mandate that company owners claim conflicts with their Christian beliefs": This article appears today in The Oklahoman. Terry Baynes of Reuters has a report headlined "Case to Watch: 10th Circuit takes up challenge to contraceptive mandate." And The Associated Press reports that "Birth control coverage up for federal appeal." "Interrogatories: Candid Q&A with Marcia Oddi." Thanks to Marcia Odd, author of "The Indiana Law Blog," for mentioning "How Appealing" in an interview about her excellent blog posted online today at the blog of the Indianapolis Bar Association. Posted at 09:55 AM by Howard Bashman "McConnell Rejects Reid's Nuclear Option Threats": Sahil Kapur of TPM DC has this report. Posted at 09:51 AM by Howard Bashman Wednesday, May 22, 2013 "Scuttling a President's 'Popular Imprint' on the Judiciary": Russell Wheeler has this post today at "ACSBlog." And in somewhat related commentary, today at the "Daily Intelligencer" blog of New York magazine, Jonathan Chait has a post titled "The Climate-Change Wars Begin This Summer." "Publicity Rights Aren't Property Rights: Appellate Court Gets It Very Wrong in Hart v. EA." Corynne McSherry has this post today at the Electronic Frontier Foundation's "Deeplinks" blog. Posted at 07:44 PM by Howard Bashman "Why Urban Dictionary Comes In Handy On The Witness Stand": This audio segment appeared on today's broadcast of NPR's "Talk of the Nation." Posted at 07:33 PM by Howard Bashman "Judge: Acknowledgement of Al-Awlaki strike could affect lawsuit." Josh Gerstein of Politico.com has this blog post this evening. And online at The Atlantic, Conor Friedersdorf has an essay titled "The Audacity of Eric Holder's Letter Admitting Team Obama Killed 4 Americans: Its long overdue admissions are paired with praise for the president's supposed commitment to transparency." "Obama to Restart Transfers From Guantanamo": The Wall Street Journal has this news update. You can freely access the full text of the article via Google News. "Audio recordings of oral arguments before the U.S. Court of Appeals for the D.C. Circuit will become available online free of charge beginning September 9, 2013, the start of the Court's 2013-2014 Term." So begins a news release that the U.S. Court of Appeals for the D.C. Circuit issued today. Posted at 05:42 PM by Howard Bashman "Appeals court allows capital retrial of Wolfe": The Associated Press has this report on the ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today. Posted at 04:52 PM by Howard Bashman "In a First, U.S. Admits Drones Have Killed 4 Americans": Charlie Savage of The New York Times has this news update. Posted at 04:38 PM by Howard Bashman "Watch Chief Justice John Roberts' Speech": WGRZ Channel 2, the NBC affiliate in Buffalo, New York, has posted online at this link video of the Chief Justice's recent remarks at the Robert H. Jackson Center. Posted at 03:20 PM by Howard Bashman D.C. Circuit announces that audio of its oral arguments will soon be freely available online: Details can be accessed here. An official announcement is expected to issue later today. My related post from last night appears at this link. "Is long-running pollution 'an event'? 3rd Circuit says yes in CAFA case." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report about a ruling that the U.S. Court of Appeals for the Third Circuit issued last Friday. Posted at 03:02 PM by Howard Bashman "Officer Serrano's Hidden Camera -- The stop-and-frisk trials of Pedro Serrano: NYPD rat, NYPD hero." Jennifer Gonnerman has this lengthy article in the May 27, 2013 issue of New York magazine. Posted at 02:38 PM by Howard Bashman "A Prolonged Stay: The Reasons Behind the Slow Pace of Executions." Raymond Bonner has this report online today at ProPublica. Posted at 02:31 PM by Howard Bashman "Creating the Courts Americans Want: The public is dissatisfied with our courts; What the judicial system needs is a culture of performance-based innovation." Babak Armajani and Judge Kevin S. Burke of the Hennepin County (Minn.) District Court have this essay online today at the web site of Governing magazine. Posted at 11:08 AM by Howard Bashman "Courts to hear birth control mandate lawsuits": Politico.com has a report that begins, "Obamacare's birth control mandate will go before four different appeals courts over the next three weeks as private businesses that object to the policy on religious liberty grounds bring a barrage of lawsuits that opponents hope to get before the U.S. Supreme Court as soon as this fall." Posted at 09:04 AM by Howard Bashman "Supreme Court Notebook: Sotomayor at Yale." Mark Sherman of The Associated Press has this report. Posted at 09:00 AM by Howard Bashman "Prop C Wins: LA Voters Send Strong Message Against Supreme Court's Citizens United Ruling." The Huffington Post has this report. Posted at 08:59 AM by Howard Bashman "Judge Rubenstein fights state Supreme Court's takeover of mandatory retirement suit": This article appears today in The Bucks County (Pa.) Courier Times. Posted at 08:57 AM by Howard Bashman "Lawyers look to Alabama Supreme Court on juvenile killer sentences after legislature fails to act": The Birmingham News has this report. Posted at 08:55 AM by Howard Bashman "Christie calls Justice Albin a 'grandstander,' chastises state Supreme Court": The Newark (N.J.) Star-Ledger has this report. Posted at 08:54 AM by Howard Bashman "Activists seek to keep PA chief justice Castille from another 10-year term; They lay out their case for ousting chief justice in the November election; He defends his record": This article appeared yesterday in The Morning Call of Allentown, Pennsylvania. The Associated Press reports that "Activist group launches campaign to derail state Supreme Court chief justice's retention effort." And at Philly.com, columnist John Baer has an essay titled "Grassroots group wants Castille gone." The report that the organization Rock the Capital has issued can be accessed at this link. "Legal fraternity 'shattered' by sudden death of senior judge": The New Zealand Herald has this report from APNZ. Posted at 08:42 AM by Howard Bashman "9th Circuit strikes down Arizona abortion law": Today's edition of The Arizona Republic contains this front page article. In today's edition of The San Francisco Chronicle, Bob Egelko reports that "Court rejects Arizona abortion law." And today's edition of The New York Times reports that "Arizona Law on Abortions Struck Down as Restrictive." My earlier coverage of yesterday's Ninth Circuit ruling can be accessed here and here. "Lesbian couple in Allen says morality clause in divorce equals discrimination": Yesterday's edition of The Dallas Morning News contained an article that begins, "A lesbian couple in Allen say they are targets of discrimination after a Collin County judge ruled they could no longer live together because of a morality clause in the 2011 divorce papers one of the women signed." Posted at 08:25 AM by Howard Bashman Tuesday, May 21, 2013 "Letter to D.C. Circuit Re: Audio Access Policy." Michelle Olsen has this post today at her "Appellate Daily" blog. As noted here, the D.C. Circuit has previously been receptive to suggestions for online improvements received from appellate law bloggers. "Cloture filed on Srinivasan (DC Circuit Court)": This post has appeared this evening at the blog of the United States Senate Democrats. Posted at 07:58 PM by Howard Bashman "Court Clears the Way for College Star's Lawsuit": Joe Palazzolo has this post (free access) at WSJ.com's "Law Blog" reporting on the ruling a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today in an appeal involving a college football video game. Update: In other coverage, Jonathan Stempel of Reuters reports that "Court revives lawsuit vs Electronic Arts over video game image." And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Appeals Court Revives Ex-QB's Lawsuit Over 'NCAA Football' Game; In an important appeal that divided Hollywood, the Third Circuit sides with the likeness rights of celebrities over protections afforded by the First Amendment. (SAG 1, MPAA 0)." "U.S. court studies wiretaps in ex-Goldman director's insider case": Nate Raymond of Reuters has this report. At the "DealBook" blog of The New York Times, Peter Lattman has a post titled "Court Hears Appeal of Ex-Director of Goldman." And Bloomberg News reports that "Gupta Challenges U.S. Use of Wiretaps in Insider Appeal." "UBS, powerful amici urge 2nd Circuit not to meddle with Morrison": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. Posted at 03:28 PM by Howard Bashman "Supreme Court won't take up Alaskan tribe's suit against Exxon Mobil": Jeremy P. Jacobs of Greenwire has this report. Posted at 03:18 PM by Howard Bashman "Sale Has to Mean Sale": At her "Trial Insider" blog, Pamela A. MacLean has a post that begins, "Bargain-hunting consumers scored a big victory Tuesday. A company that overstates original prices to falsely claim a 'sale' discount may be sued by consumers for false advertising, the 9th U.S. Circuit Court of Appeals ruled." Circuit Judge Stephen Reinhardt wrote today's ruling of the U.S. Court of Appeals for the Ninth Circuit. "Appeals court: Arizona abortion restriction unconstitutional." Howard Fischer of The Arizona Daily Star has this news update. Bloomberg News reports that "Arizona Law Criminalizing Abortion After 20 Weeks Blocked." The Associated Press reports that "Court strikes down Arizona 20-week abortion ban." And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Arizona Abortion Ban Unconstitutional." "It is beyond the ken of courts to measure the rationality of religious beliefs -- what will happen to us after we pass through the dark curtain of death is the ultimate non-justiciable question." Circuit Judge Ed Carnes is the author of a very interesting ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today. The opinion begins, "The Supreme Court has decided that a convicted murderer cannot be executed unless he has a rational understanding of the fact that he is going to be put to death and of the reason for his execution." Update: In other coverage, David Ovalle of The Miami Herald has a news update headlined "Federal court rejects appeal by Miami mass killer John Ferguson." "Our question is whether the Constitution permits the Arizona legislature to prohibit abortion beginning at twenty weeks gestation, before the fetus is viable. We hold that it does not." So begins an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today. Posted at 01:05 PM by Howard Bashman "WATCH the YLS commencement ceremonies, w/ remarks from Justice Sotomayor '79": Yale Law School has posted the video online at this link. Posted at 12:16 PM by Howard Bashman "Prenda lawyer gets kicked off 9th Circuit case; Paul Hansmeier's motion to delay an $81,000 sanctions order was also denied": Joe Mullin of Ars Technica has this report. Posted at 12:13 PM by Howard Bashman "Gupta Challenges U.S. Use of Wiretaps in Insider Appeal": Bloomberg News has this preview of an oral argument occurring today at the U.S. Court of Appeals for the Second Circuit. Posted at 12:04 PM by Howard Bashman "Judge 'Buzz' Arnold, polymath, legal historian and former federal district judge": Senior U.S. District Judge Richard G. Kopf has this post today at his blog, "Hercules and the Umpire." Posted at 11:52 AM by Howard Bashman Law geek nirvana -- Spend Memorial Day weekend watching Tom Goldstein of "SCOTUSblog" on C-SPAN's "Q&A": Details here. In addition to viewing the interview at 8 p.m. and 11 p.m. eastern time Sunday, true "SCOTUSblog" devotees can tune in at 6 a.m. eastern time on Monday, May 27th for another replay. According to C-SPAN's email yesterday alerting me to the broadcast, the interview was taped on May 2, 2013. "Appeals court won't release Osama Bin Laden photos": Josh Gerstein of Politico.com has this blog post. The Associated Press has a report headlined "Court: US can keep bin Laden photos under wraps." Bloomberg News reports that "Bin Laden Corpse Photos Can Be Kept Secret, Court Rules." David Ingram of Reuters reports that "Court rules bin Laden death photos can stay secret." And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "D.C. Circuit: Bin Laden Death Images Can Remain Secret." You can access today's per curiam opinion of the U.S. Court of Appeals for the D.C. Circuit at this link. "Bin Laden's Son-in-Law Seeks a New Lawyer, but There's a Snag": This article appears today in The New York Times. Posted at 09:40 AM by Howard Bashman "Reid Mulls Nuclear-Style Filibuster Reform For Nominations": Sahil Kapur of TPM DC has this report today. Posted at 09:38 AM by Howard Bashman "2 SCOTUS Judges in 1971: Espionage Act Doesn't Apply to the Press; Justices Hugo Black and William O. Douglas specifically addressed a section of the law at issue today." Conor Friedersdorf has this essay online today at The Atlantic. Posted at 09:36 AM by Howard Bashman "Hathaway lawyer pleads case to keep her out of prison; feds want her to serve 12-18 months": Today's edition of The Detroit News contains an article that begins, "Former Michigan Supreme Court Justice Diane Hathaway shouldn't spend a day in federal prison, her lawyer said Monday, despite admitting she orchestrated an elaborate two-year scheme to defraud her bank of $600,000 owed on a Grosse Pointe Park home." Posted at 09:06 AM by Howard Bashman "Budget ax falls, and ball is in his court": In yesterday's edition of The Omaha World-Herald, columnist Erin Grace had this essay reporting on Senior U.S. District Judge Richard G. Kopf's blog, "Hercules and the Umpire." Posted at 08:57 AM by Howard Bashman "A Ruling Could Support F.C.C.'s Net Neutrality Defense": Today's edition of The New York Times contains an article that begins, "The Federal Communications Commission's attempt to defend its net neutrality rules against a court challenge got major support on Monday from the Supreme Court, which ruled in a separate case that regulatory agencies should usually be granted deference in interpreting their own jurisdictions." Posted at 08:52 AM by Howard Bashman "Which Supreme Court Justice Are You? A Noncuratlex.com Personality Quiz." Law professor Kyle Graham has this post today at his blog. Posted at 08:26 AM by Howard Bashman "Constitution Check: When can prayers and government activity coexist?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center. Posted at 08:24 AM by Howard Bashman "Appeals court orders re-examination of Glendale casino ruling": Today's edition of The Arizona Republic contains this article reporting on the revised ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday. Posted at 08:20 AM by Howard Bashman "Supreme Court to address who had burden to prove patent infringement": Erin Geiger Smith of Reuters has this report. Posted at 08:14 AM by Howard Bashman "For the Word on the Street, Courts Call Up an Online Witness": This article appears today in The New York Times. Posted at 08:12 AM by Howard Bashman Monday, May 20, 2013 Access online the contents of the May 2013 issue of The Yale Law Journal: Via this link. Posted at 10:22 PM by Howard Bashman "Yale Awards 3,084 Degrees, Along With Honorary Degrees for Sotomayor, Levin; Retiring Levin Gets Lengthy Standing Ovation At His Last Yale Commencement": The Hartford Courant has this news update. And in other coverage, The Yale Daily News reports that "University confers 3,084 degrees at 312th Commencement." "California robbery case leads Supreme Court to reconsider police search laws": Michael Doyle of McClatchy Newspapers has this report. Posted at 10:08 PM by Howard Bashman "U.S. Supreme Court to hear case of disgruntled frequent flyer": Lawrence Hurley of Reuters has this report. Posted at 10:05 PM by Howard Bashman "Wiretap ruling could haunt environmental lawsuits": Jeremy P. Jacobs of Greenwire has this report. Posted at 10:03 PM by Howard Bashman "Opinion recap: Saying little on retroactivity." Lyle Denniston has this post at "SCOTUSblog." Posted at 02:27 PM by Howard Bashman Access online the contents of the May 2013 issue of the Harvard Law Review: Via this link. Posted at 01:34 PM by Howard Bashman Lawrence Hurley of Reuters is reporting: He has articles headlined "Supreme Court agrees to hear town meeting prayer case"; "Supreme Court agrees to hear Fidelity whistleblower case"; "Supreme Court agrees to hear Medtronic patent case"; "Justices endorse FCC authority in cellphone tower case"; and "U.S. Supreme Court declines to hear Alaska climate change case." In addition, Hurley and Patrick Temple-West have an article headlined "U.S. justices rule for PPL Corp in overseas tax case." "Justices Take Case on Prayer at Town Board Meetings": Adam Liptak of The New York Times has this news update. David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court to hear prayer case." Warren Richey of The Christian Science Monitor has an article headlined "Are prayers before public meetings OK? Supreme Court to decide; Officials in Greece, N.Y., set up a system for prayers before town meetings; The US Supreme Court on Monday agreed to examine whether the practice violates the First Amendment's separation of church and state." And at the "School Law" blog of Education Week, Mark Walsh has a post titled "U.S. Supreme Court to Weigh Prayers at Municipal Meetings." "Holder walks fine line on prosecuting journalists": Josh Gerstein has this blog post today at Politico.com. Posted at 12:20 PM by Howard Bashman "Justice Ruth Bader Ginsburg and Geoffrey Stone, 'Roe at 40'": The University of Chicago Law School has posted online the video of this event, which occurred earlier this month, at this link. You can also access the video directly via YouTube. Posted at 11:15 AM by Howard Bashman Access online today's rulings of the U.S. Supreme Court in argued cases: The Court today issued four decisions in argued cases. 1. Justice Sonia Sotomayor delivered the opinion of the Court in Sebelius v. Cloer, No. 12-236. Justices Antonin Scalia and Clarence Thomas did not join a portion of the Court's opinion. You can access the oral argument via this link. 2. Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Metrish v. Lancaster, No. 12-547. You can access the oral argument via this link. 3. Justice Clarence Thomas delivered the opinion for a unanimous Court in PPL Corp. v. Commissioner, No. 12-43. Justice Sotomayor issued a concurring opinion. You can access the oral argument via this link. 4. And Justice Scalia delivered the opinion of the Court in Arlington v. FCC, No. 11-1545. Justice Stephen G. Breyer issued a concurring opinion. And Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justices Anthony M. Kennedy and Samuel A. Alito, Jr. joined. You can access the oral argument via this link. In early news coverage, The Associated Press has reports headlined "High court uphold FCC power in cell tower disputes" and "Court: woman can seek lawyer fees in vaccine case." Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court granted review in five new cases. In early news coverage, The Associated Press has reports headlined "High court to weigh in on legislative prayers"; "Court: Should whistleblower protection be wider?"; and "Court won't get involved in Miss. redistricting." Greg Stohr of Bloomberg News reports that "Council Prayers Get Top Court Review in Church-State Case" and "Sarbanes-Oxley Whistle-Blower Rules Get Court Review." Richard Wolf of USA Today reports that "Supreme Court will rule on prayer at government meetings; The small town of Greece, N.Y., could set a new precedent on the issue of religious expression." And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on government prayer." "The Supreme Court Annual Report and Accounts 2012-2013": The Supreme Court of the United Kingdom issued this annual report today. The court's related news release can be accessed here. Posted at 08:24 AM by Howard Bashman "Bans Of Same-Sex Marriage Can Take A Psychological Toll": This audio segment appeared on today's broadcast of NPR's "Morning Edition." And today at his "Jost on Justice" blog, Kenneth Jost has a post titled "On Gay Marriage, No Walk-Off Win Yet." "The Sixth Circuit Really Blewett": Orin Kerr has this post today at "The Volokh Conspiracy." Posted at 08:17 AM by Howard Bashman "Retired US Supreme Court justice features in forum": The Associated Press has this report on an event scheduled to begin at 2:30 p.m. eastern time today at the John F. Kennedy Presidential Library and Museum in Boston. A live webcast of the event can be accessed via this link once the event is underway. Sunday, May 19, 2013 "Author: W.Va. Supreme Court 'appalling,' chief justice 'Blankenship's creature.'" Paul J. Nyden has this article in today's issue of The Charleston (W. Va.) Gazette-Mail. Posted at 11:30 PM by Howard Bashman "Gay marriage marching along ahead of Supreme Court justices' ruling": Robert Barnes will have this new installment of his "The High Court" column in Monday's edition of The Washington Post. Posted at 11:25 PM by Howard Bashman "Sotomayor to receive honorary degree": The "Cross Campus" blog of The Yale Daily News has this post today. Posted at 10:56 PM by Howard Bashman "Bigger push on Kansas courts may be coming": John Hanna of The Associated Press has a news analysis that begins, "A prominent conservative Kansas legislator has launched what could become the most aggressive campaign to date to rein in the state Supreme Court after a proposal failed that would have changed how its justices are selected." Posted at 10:44 PM by Howard Bashman "Neb. Court Rejects Off-Campus Search of Student Vehicle": Mark Walsh has this post at the "School Law" blog of Education Week. My earlier coverage of Friday's Nebraska Supreme Court ruling appears at this link. "Kosher prison food lawsuit goes forward": The Miami Herald has this report. My earlier coverage of last Tuesday's Eleventh Circuit ruling appears at this link. "Standing to assert a First Amendment challenge to a sign ordinance that the state has agreed not to enforce": Law professor Kevin C. Walsh has this post today at his blog, "walshslaw." Posted at 10:22 PM by Howard Bashman "Packing the D.C. Circuit: Obama prepares to flood an appellate court with judges it doesn't need." This editorial will appear in Monday's edition of The Wall Street Journal. You can freely access the full text of the editorial via Google News. "Eric Holder's liberation": Josh Gerstein of Politico.com has this report today. Posted at 10:18 PM by Howard Bashman "The Kansas death penalty has cobwebs": The Kansas City Star has this report. Posted at 10:15 PM by Howard Bashman "Beyond the Brady Rule": This editorial appears today in The New York Times. Posted at 09:05 AM by Howard Bashman "Under the U.S. Supreme Court: Islamic law in U.S. courts." Michael Kirkland of UPI has this report. Posted at 08:52 AM by Howard Bashman Saturday, May 18, 2013 "The Corporate-Friendly Court": Lincoln Caplan will have this essay in the Sunday Review section of tomorrow's edition of The New York Times. Posted at 09:30 PM by Howard Bashman "Nebraska Supreme Court limits school searches to campus": Today's edition of The Omaha World-Herald contains an article that begins, "Off-campus parking at Nebraska high schools may be at a premium after a ruling by the state's high court on Friday." You can access yesterday's ruling of the Supreme Court of Nebraska at this link. "Supreme Court asked to intervene in lacrosse case": Today's edition of The Herald-Sun of Durham, North Carolina contains an article that begins, "A trio of former Duke University lacrosse players has asked the U.S. Supreme Court to reverse a lower-court ruling and reinstate their federal civil-rights case against the city and its police." Posted at 10:15 AM by Howard Bashman "A Supreme visit: Chief Justice Roberts makes historic visit to region." The Observer of Dunkirk, New York contains this front page article today. Posted at 09:10 AM by Howard Bashman Friday, May 17, 2013 "Catherine E. Greig's 8-year-prison sentence was justified, federal court rules": John R. Ellement of The Boston Globe has this news update. And The Associated Press reports that "8-year term for Bulger girlfriend upheld in Mass." You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link. "Liberty University pivots in health law challenge": Politico.com has this report. Posted at 10:20 PM by Howard Bashman "Justice Sotomayor Urges Immigrant Parents to Aid Their Children's Education": Mark Walsh has this post today at the "School Law" blog of Education Week. My earlier coverage appears at this link. "Judge lets defense lawyers withdraw from Chevron fraud lawsuit": Jonathan Stempel of Reuters has this report. And at Forbes.com, Daniel Fisher has a blog post titled "Judge Grudgingly Lets Donziger's Lawyers Out Of Chevron Case." Fisher has posted a copy of the ruling at this link. "This case requires us to decide whether the police, after seizing a cell phone from an individual's person as part of his lawful arrest, can search the phone's data without a warrant." In a ruling that a divided three-judge panel of the U.S. Court of Appeals for the First Circuit issued today, the majority held that "such a [warrantless] search exceeds the boundaries of the Fourth Amendment search-incident-to-arrest exception." Posted at 05:56 PM by Howard Bashman "Full Court Press: Perspectives on Covering the Supreme Court." The First Amendment Center posted this video online today. You can also access the video directly via YouTube. "Court: Law applying crack sentences retroactive." The Associated Press has this report. My earlier coverage of today's Sixth Circuit ruling appears at this link. "Plaintiff in excessive-force taser case lists defendant as 'Taser Joe'": John Council has this post today at the "Tex Parte Blog" of Texas Lawyer. My earlier coverage of Wednesday's Fifth Circuit ruling appears at this link. "Judge grants injunction in Ark. abortion ban case": The Associated Press has a report that begins, "A federal judge on Friday granted a request to temporarily block enforcement of a new Arkansas law that bans most abortions 12 weeks into a pregnancy." Posted at 01:35 PM by Howard Bashman "Scene in D.C.: Justice Stevens, Donahue at Citizen Awards." Bloomberg News has this report. Posted at 01:30 PM by Howard Bashman "No-show judge bolsters Chevron's attack on $19 billion judgment; The Ecuadorian judge who awarded the environment judgment against Chevron was a no-show witness for a deposition in Peru": Roger Parloff of Fortune magazine has this blog post today. Posted at 01:15 PM by Howard Bashman "LGBT PC: Being against marriage equality doesn't make you a monster." Michael Kinsley has this essay online today at The New Republic. Posted at 01:14 PM by Howard Bashman "Chief Justice Roberts: 'It is great to be back home.'" Buffalo, New York's NPR News station has this report (with audio). And The Buffalo News has an update headlined "Chief Justice Roberts marks 10th anniversary of Jackson Center." Sixth Circuit holds "that the federal judicial perpetuation of the racially discriminatory mandatory minimum crack sentences for those defendants sentenced under the old crack sentencing law, as the government advocates, would violate the Equal Protection Clause." A divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this ruling today. Posted at 11:23 AM by Howard Bashman "Stevens: Rationale for Bush v. Gore was 'unacceptable'; The former Supreme Court justice speaks out on John Roberts and the case that decided the 2000 election." Salon.com has this report. Posted at 08:29 AM by Howard Bashman "Discussion: What's Going on at Gitmo?" At 2 p.m. eastern time this afternoon, ProPublica will host this discussion with Carol Rosenberg of the Miami Herald, Ryan J. Reilly of the Huffington Post, and Charlie Savage of The New York Times. Posted at 08:22 AM by Howard Bashman "'Iqbal Effect' on housing, employment cases skews Republican: new study." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. Posted at 08:17 AM by Howard Bashman Thursday, May 16, 2013 "Federal court hears appeal over Delaware court secrecy": Sean O'Sullivan of The News Journal of Wilmington, Delaware has this news update. You can access the audio of today's oral argument at the U.S. Court of Appeals for the Third Circuit via this link (17.5 MB Windows Media audio file). Update: In other coverage, Reuters reports that "Appeals court questions 'secret justice' in Delaware." "Obama names Utah state judge to 10th Circuit bench; Sens. Hatch, Lee say McHugh's intelligence will serve her well": Thomas Burr of The Salt Lake Tribune has this news update. Posted at 08:52 PM by Howard Bashman "Facebook Tells Court 'Like' Feature Vital to Free Speech": Tom Schoenberg of Bloomberg News has this report. Posted at 04:57 PM by Howard Bashman "Fight Over Obama Appointees May Spur Senate Rule Change": This article will appear Friday in The New York Times. Posted at 04:55 PM by Howard Bashman "Top appeals court nominee sails toward confirmation; He's argued more than two dozen cases before the Supreme Court; Now, Sri Srinivasan could be moving toward a seat on the bench himself": Richard Wolf of USA Today has this report. At "The Note" blog of ABC News, Ariane de Vogue has a post titled "SCOTUS Watch: Keep an Eye on Srikanth Srinivasan." And The Hill has a blog post titled "Senate panel approves Obama nominee for key court post." "Court ruling unsealed in D.C. campaign investigation": The Washington Post has this news update. And at "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "Unsealed Opinion Offers Few Clues on Mayoral Probe." "Sequel to the Fifth Circuit's Quorum Conundrum: Comer v. Murphy Oil II." Law professor Adam Steinman has this post today at "Civil Procedure & Federal Courts Blog" about a ruling that the U.S. Court of Appeals for the Fifth Circuit issued Tuesday. Posted at 03:32 PM by Howard Bashman "Songs for the Supremes": Jess Bravin has this post (pass-through link) today at WSJ.com's "Law Blog." Posted at 03:27 PM by Howard Bashman "Jane Kelly's experience rare on US appeals court": The Associated Press has this report. Posted at 02:31 PM by Howard Bashman "At D.C. Circuit, Contractor Case Merits Take Backseat": Andrew Ramonas has this post today at "The BLT: The Blog of Legal Times." Posted at 02:28 PM by Howard Bashman "Supreme Court Justice Urges Immigrant Parents to Help Children with School": The SchoolBook web site of WNYC Radio has this report (with audio). Posted at 01:18 PM by Howard Bashman "Second appeals court invalidates Obama's NLRB recess appointments": Tal Kopan of Politico.com has this blog post. My earlier coverage of today's Third Circuit ruling appears at this link. "Arkansas Ordered to Face Lawsuit Challenging Abortion Law": Bloomberg News has this report. Posted at 01:00 PM by Howard Bashman "Senate committee approves 3 judicial nominees": The Associated Press has this report. Posted at 12:05 PM by Howard Bashman "The Forty-Year Fight": In today's edition of The Chicago Weekly, Olivia Dorow Hovland has an article that begins, "Ruth Bader Ginsburg's diminutive stature was dwarfed by the marshals that surrounded her as she made her way down the main aisle of the University of Chicago Law School auditorium Saturday afternoon." Posted at 11:54 AM by Howard Bashman "Delaware's Chancery Court seeks to restart 'secret' hearings": Reuters has this report on a case scheduled for oral argument today at the U.S. Court of Appeals for the Third Circuit. Posted at 11:50 AM by Howard Bashman "Cops Should Get Warrants to Read Your E-Mail, Attorney General Says": David Kravets has this post today at Wired.com's "Threat Level" blog. Posted at 11:47 AM by Howard Bashman "To Stop Overreaches Like the AP Debacle, Congress Must Step Up; The judiciary can't fix this: The Supreme Court has a poor track record protecting journalists from the government." Law professor Garrett Epps has this essay online at The Atlantic. And online at Slate, Emily Bazelon has a jurisprudence essay titled "Obama's War on Journalists: His administration's leak investigations are outrageous and unprecedented." "Dotcom: Supreme Court grants leave to appeal." The New Zealand Herald has this news update. Reuters reports that "NZ Supreme Court to hear Megaupload evidence appeal." And Joe Mullin of Ars Technica reports that "NZ Supreme Court to hear appeal on whether Dotcom can see US evidence; Government lawyers say Megaupload founder has no need to see documents." Update: In other coverage, at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Kim Dotcom Case to Be Reviewed By New Zealand's Supreme Court; The Megaupload founder has gotten the country's highest court to review a March decision over access to U.S. government documents." "Senate Panel Unanimously Approves Sri Srinivasan For D.C. Circuit Judge": Sahil Kapur has this post at TPM Livewire. And the "Post Poiitics" blog of The Washington Post has an entry titled "Sri Srinivasan approved by Senate Judiciary Committee." Update: In other coverage, at "The BLT: The Blog of Legal Times," Matthew Huisman has a post titled "Senate Judiciary Approves Sri Srinivasan for D.C. Circuit." "Cool Music Soothes Supreme Court": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 10:57 AM by Howard Bashman "Senate panel considers labor board nominees": The Associated Press has this report. Posted at 10:55 AM by Howard Bashman "Ninth Circuit Pooh-Poohs Coupons in HP Printer Case": Scott Graham of The Recorder has this report. My earlier coverage of yesterday's Ninth Circuit ruling appears at this link. "We hold that the Recess of the Senate in the Recess Appointments Clause refers to only intersession breaks." So holds the majority on a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit in an NLRB recess appointment challenge decided today. The majority opinion totals 102 pages, while the dissent clocks in at 55 pages. And in related news, Carlyn Kolker of Reuters reports that "NLRB pursuing settlements, despite Noel Canning decision." "Liberty still pushing its challenge to Obamacare": Politico.com has this report on a case scheduled for oral argument today at the U.S. Court of Appeals for the Fourth Circuit. Posted at 08:42 AM by Howard Bashman "Prison Inmate's Complaint Gets High Court Review; Sixth Circuit ruling in indigent's civil rights case targeted": Tony Mauro of The National Law Journal has this report (free access). Posted at 08:40 AM by Howard Bashman "Facebook's 'Like' Faces Free-Speech Test in U.S. Court": Tom Schoenberg of Bloomberg News has this report on a case scheduled for oral argument today at the U.S. Court of Appeals for the Fourth Circuit. Posted at 08:30 AM by Howard Bashman "Constitution Check: Who has First Amendment rights in the workplace?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center. Posted at 08:26 AM by Howard Bashman "Open Season: Do Laws Against Animal Crushing Videos Violate Free Speech? Ashley Nicole Richards, who filmed herself torturing and killing kittens, puppies, cats and dogs, was the first person brought up on revised federal crush-video charges -- which backfired magnificently." This lengthy cover story appears in the current issue of Houston Press. Posted at 08:24 AM by Howard Bashman "Obama climate agenda faces Supreme Court reckoning": Lawrence Hurley and Valerie Volcovici of Reuters have this news analysis. Posted at 08:20 AM by Howard Bashman "Obama needs a fresh approach to naming judges": Law professor David Fontana has this essay at Politico.com. Posted at 08:14 AM by Howard Bashman Wednesday, May 15, 2013 "Driver's Seat": Linda Greenhouse has this post tonight at the "Opinionator" blog of The New York Times. Posted at 10:32 PM by Howard Bashman "Lawsuit filed against deputy 'Taser Joe'; Ramirez alleges deputies used excessive force against him": In early September 2009, this article appeared in The Alice (Tex.) Echo-News Journal. Today, a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued this ruling on the case. "Appeals Court Says Judge Went Too Far in Forcing Fire Dept. to Revamp Its Hiring": Today's edition of The New York Times contains this article. My earlier coverage of yesterday's Second Circuit ruling appears at this link. "Roll-Call Reminder: Women May Go Topless." This article will appear Thursday in The New York Times. Posted at 09:03 PM by Howard Bashman "Diversity Without Affirmative Action?" The New York Times has posted this "Room for Debate" discussion online. Posted at 08:57 PM by Howard Bashman "White House Pushes for Media Shield Law": Charlie Savage will have this article in Thursday's edition of The New York Times. Posted at 04:56 PM by Howard Bashman "Only abortion clinic in Miss. fights to stay open": The Associated Press has this report. Posted at 04:32 PM by Howard Bashman "Strongbox and Aaron Swartz": The New Yorker has this blog post today. Posted at 04:15 PM by Howard Bashman "Drakes Bay Oyster states case in court": Bob Egelko has this article today in The San Francisco Chronicle. My earlier coverage of yesterday's Ninth Circuit oral argument can be accessed here and here. The Denver Post will report on newly issued Tenth Circuit rulings when it is good and ready: Yesterday, The Denver Post had this article reporting on a ruling that the U.S. Court of Appeals for the Tenth Circuit had issued one week earlier, on May 7, 2013. Posted at 04:05 PM by Howard Bashman "New Questions in Gay Conversion Therapy Appeal": At her "Trial Insider" blog, Pamela A. MacLean has this post reporting on two related orders (here and here) that the U.S. Court of Appeals for the Ninth Circuit issued yesterday. Posted at 03:50 PM by Howard Bashman "Case to Watch: Supreme Court may take up question of inequitable conduct." Erin Geiger Smith of Reuters has this report. Posted at 03:44 PM by Howard Bashman "Court voids HP printer settlement, cites legal fees": Jonathan Stempel of Reuters has this report on another Ted Frank victory -- this time not only as counsel but also as a named party. You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. "Legal challenges begin against ND abortion laws": The Associated Press has this report. Posted at 02:07 PM by Howard Bashman "The Court Case Looming Behind Angelina Jolie's Breast Cancer Column: The actress's candid op-ed about her mastectomy comes on the eve of a vital ruling over patents for breast cancer genes like hers." Andrew Cohen has this essay online today at The Atlantic. Posted at 10:57 AM by Howard Bashman "'Company Doe' Asks Fourth Circuit to Keep Records Sealed": Mike Scarcella of The National Law Journal has this report (free access). Posted at 10:22 AM by Howard Bashman "Is the Patent System Working or Broken? A Discussion with Four Distinguished Federal Judges." The Federalist Society has posted at this link the video of its event from yesterday. Posted at 10:20 AM by Howard Bashman "Boston Bombing Judge Emerges as Target for Republicans": Bloomberg News has this report. Posted at 07:33 AM by Howard Bashman Tuesday, May 14, 2013 "From breast cancer to gay marriage, can court be moved? Angelina Jolie's decision to get tested for a breast cancer gene mutation, undergo a double mastectomy and then write about it is the latest example of news that could affect Supreme Court justices' views." Richard Wolf will have this article Wednesday in USA Today. Posted at 11:02 PM by Howard Bashman "Court reinstates Fla. inmate kosher meals lawsuit": The Associated Press has this report. The News Service of Florida reports that "Appeals court revives lawsuit of inmate demanding kosher meals." And The Jewish Daily Forward reports that "Parent-Killing Jewish Inmate Wins Round in Kosher Meals Fight; Appeals Court Keeps Bruce Rich's Florida Suit Alive." You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. 
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