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Tuesday, May 22, 2012 "Court upholds $3.4 billion Native American deal": James Vicini of Reuters has this report. My earlier coverage of today's D.C. Circuit ruling appears at this link. "Chuck Grassley grilled over court criticism": Politico.com has this report. The Honolulu Star-Advertiser reports today that "GOP senators question court conference in isles; Despite the APEC session, Hawaii's image as a resort destination remains a problem" (subscription required). Hawaii News Now reports that "Judges conference in Maui scrutinized." And Honolulu Civil Beat reports that "Ninth Circuit Maui Trip Draws Criticism." "Former Solicitor General, a 'Modest Superstar,' Given Rex Lee Advocacy Award": Todd Ruger has this post at "The BLT: The Blog of Legal Times." And at her "Appellate Daily" blog, Michelle Olsen has a post titled "Garre Receives Rex Lee Award, Thanks Two Chief Justices." Unanimous three-judge D.C. Circuit panel rejects challenge to federal district court's approval of Cobell Indian Trust class action settlement: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. In early news coverage, Mike Scarcella has a post titled "D.C. Circuit Upholds $3.4B Native American Class Settlement" at "The BLT: The Blog of Legal Times." "Taser Pain May Be Considered by Supreme Court as Excessive Force": Ariane de Vogue of ABC News has this report. Posted at 11:06 AM by Howard Bashman "Supreme Court refuses to hear music downloading appeal": This article appears today in The Boston Globe. And The Harvard Crimson reports today that "Court Rejects Downloads Case." "Do We Still Need the Voting Rights Act?" Jeffrey Toobin has this blog post online today at The New Yorker. Posted at 08:54 AM by Howard Bashman "Could vacant 11th Circuit seat allow compromise? Edmondson's taking senior status could let Obama, Ga. senators pick Jill Pryor and Mark Cohen; lawyer is doubtful deal would happen." Alyson M. Palmer has this article today in The Fulton County Daily Report. Posted at 08:45 AM by Howard Bashman "Senate OKs Paul Watford for federal appeals court": Bob Egelko has this article today in The San Francisco Chronicle. And Scott Graham of The Recorder reports that "Senate Confirms Watford for 9th Circuit Seat." "Joan Orie Melvin claims a political vendetta": Today's edition of The Pittsburgh Post-Gazette contains an article that begins, "In the weeks leading up to Friday's indictment of state Supreme Court Justice Joan Orie Melvin, an attorney for the justice sought to have a member of the state Judicial Conduct Board recuse himself, claiming he had a connection to Allegheny County District Attorney Stephen A. Zappala Jr." You can access at this link the formal charges that the Pennsylvania Judicial Conduct Board issued last Friday against Pa. Supreme Court Justice Joan Orie Melvin. And in other coverage, yesterday Jeff Blumenthal of the Philadelphia Business Journal had a blog post titled "Pa. bar chief doesn't call for Melvin resignation." Monday, May 21, 2012 "Republicans challenge appeals court meeting in Maui": Thomas Ferraro of Reuters has this report. Posted at 10:42 PM by Howard Bashman "Appeals court refuses to delay surrender of Jason Pleau to federal authorities": The Providence (R.I.) Journal has this news update. You can access today's order of the en banc U.S. Court of Appeals for the First Circuit at this link. "Senate Confirms Paul J. Watford to Ninth Circuit Court of Appeals": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release. Posted at 08:11 PM by Howard Bashman "Accused 9/11 planners might get separate Guantanamo trials; The judge in the legal proceeding against five men accused of having roles in the 9/11 terror attacks is considering whether to separate the trials": Carol Rosenberg of The Miami Herald has this news update. Posted at 07:45 PM by Howard Bashman "Senators target U.S. judges' tropical get-together": Howard Mintz of The San Jose Mercury News has this update. Breitbart News has reports headlined "Exclusive: 9th Circuit Takes Plush Maui Vacation At Taxpayer Expense, As Others Cut Back" and "Breitbart News Expose of Plush Ninth Circuit Trip Forces Court Response." Today's edition of The New York Post contains an article headlined "Judges' alo-ha! at taxpayers." Roll Call has a news update headlined "Grassley, Sessions Question Judicial Conference in Hawaii." "The Note" blog from ABC News has a post titled "GOP Blasts Million Dollar Judicial Conference in Hawaii." Politico has a blog post titled "Judges' Maui conference: Shades of Vegas?" The Hill has a blog post titled "GOP blasts $1 million Hawaii conference for judges in wake of GSA scandal." And the "Main Justice" blog has a post titled "Senators Question Price Tag for Maui Judicial Conference." By a vote of 61-to-34, the U.S. Senate has confirmed Paul J. Watford to serve on the U.S. Court of Appeals for the Ninth Circuit: You can access the official roll call vote tally at this link. Earlier today, McClatchy Newspapers published an essay by law professor Carl Tobias entitled "Time to fill Ninth Circuit vacancies." "Former Supreme Court Justice John Paul Stevens spoke at the American Law Institute annual meeting." C-SPAN has posted at this link the video of the retired Justice's remarks earlier today. Posted at 05:49 PM by Howard Bashman "Supreme Court Decides On Deportation, Takes Up Wiretapping": Mike Sacks of The Huffington Post has this report. Posted at 05:46 PM by Howard Bashman "2nd Circuit shields CIA interrogation documents": Terry Baynes of Reuters has a report that begins, "The Central Intelligence Agency does not have to disclose records of interrogation techniques used against terrorism suspects in 2002, a federal appeals court ruled on Monday." And Bill Mears of CNN.com reports that "Court blocks release of CIA interrogation methods." You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. "Disabled rights not violated when pot shops closed, court rules": Maura Dolan of The Los Angeles Times has this blog post reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today. Posted at 05:32 PM by Howard Bashman "Professor Makes the Case That Google Is a Publisher": Law professor Eugene Volokh -- a founder of "The Volokh Conspiracy" blog -- is the focus of this article published today in The New York Times. Demonstrating the broad swath of "The Volokh Conspiracy," the article concludes with several paragraphs offering law professor Stuart M. Benjamin's take on Volokh's paper, without bothering to note that Benjamin is himself listed as a contributor to "The Volokh Conspiracy" blog. "Senators Question Ninth Circuit over Hawaii Conference": At WSJ.com's "Law Blog," Joe Palazzolo has this post reporting on a letter that the Ranking Members of the U.S. Senate's Budget and Judiciary Committees sent last Friday to Ninth Circuit Chief Judge Alex Kozinski. And at "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "GOP Senators Compare Planned Ninth Circuit Conference in Hawaii to 'Vacation.'" The Ninth Circuit's initial response to the letter issued today in the form of a "Statement from Circuit and Court of Appeals Executive Cathy A. Catterson Regarding the Inquiry from Senators Grassley and Sessions." "Children Not Entitled to Dead Father's Benefits, Justices Rule": Adam Liptak will have this article Tuesday in The New York Times. David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court: In vitro children might not be due benefits." Jesse J. Holland of The Associated Press reports that "Twins conceived after dad died won't get benefits." James Vicini of Reuters reports that "Supreme Court decides in vitro fertilization benefits." And Bill Mears of CNN.com reports that "Justices deny benefits for child conceived after death of a parent." "Supreme Court Agrees to Hear Case on Surveillance": Adam Liptak will have this article Tuesday in The New York Times. Mark Sherman of The Associated Press reports that "High court will take up wiretaps lawsuit." James Vicini of Reuters reports that "Supreme Court to hear U.S. govt. eavesdropping appeal." Bloomberg News reports that "Supreme Court To Consider Suit Challenging Wiretap Law." At Wired.com's "Threat Level" blog, David Kravets has a post titled "High Court to Hear Warrantless Eavesdropping Challenge." And at "SCOTUSblog," Lyle Denniston has a post titled "Narrow review of global wiretaps." My earlier coverage of the Second Circuit's 6-to-6 denial of rehearing en banc in this case can be accessed here. "Supreme Court Lets Stand $675,000 File-Sharing Verdict": David Kravets has this post at Wired.com's "Threat Level" blog. The Associated Press reports that "Court won't reduce student's music download fine." And Bloomberg News reports that "Music Downloading Damages Left Intact By U.S. High Court." Programming note: Today, I will be traveling back and forth to Wilkes-Barre, Pennsylvania to meet with trial counsel in an appeal on which I am working. At 10 a.m. eastern time today, the U.S. Supreme Court is scheduled to issue an Order List and one or more opinions in argued cases. Once the Court posts the Order List online, you should be able to access it via this link. And the Court posts links to its newest opinions at this page once they are announced. As always, "SCOTUSblog" plans to provide timely coverage of this morning's activities at the Court. Additional posts will appear here later today. Readers of this blog can now use Twitter to be notified of new posts: Last Thursday, the "How Appealing" blog finally acquired a Twitter feed, @howappealing. New posts published here will automatically appear as tweets, so if you prefer to be notified of new posts using Twitter, you can now do so by following this blog at twitter.com/howappealing. "Retired Supreme Court Justice Stevens Addresses Law Conference": C-SPAN plans to broadcast the address live starting at 2 p.m. eastern time today. Posted at 06:47 AM by Howard Bashman "Why the Law Will Eventually 'Evolve' on Gay Marriage Just Like Obama Did": Law professor Jeffrey Rosen has this essay online at The New Republic. Posted at 06:45 AM by Howard Bashman Sunday, May 20, 2012 "Retired federal judge blasts direction of U.S. Supreme Court": The Birmingham News has this update. Posted at 09:54 PM by Howard Bashman "Planned Parenthood Urges Court To Keep Texas Funding In Place": Bloomberg News has a report that begins, "Planned Parenthood-affiliated groups in Texas asked a federal appeals court to uphold a ruling requiring the state to keep subsidizing the clinics." Posted at 09:16 PM by Howard Bashman "Feds Prevail in Spat with Former Acting Solicitor General": Brent Kendall has this post today at WSJ.com's "Law Blog." Posted at 09:14 PM by Howard Bashman "Supreme Court faces pressure to reconsider Citizens United ruling": Robert Barnes will have this article Monday in The Washington Post. Posted at 09:12 PM by Howard Bashman "Supreme Court considers whether to take up anti-terrorism laws; At issue are challenges to George W. Bush-era measures involving wiretapping and the prisoners held at Guantanamo Bay": David G. Savage has this article today in The Los Angeles Times. Posted at 10:26 AM by Howard Bashman "Supreme Court decision on federal health care law could fire up young voters": This article appears today in The Cleveland Plain Dealer. Posted at 09:57 AM by Howard Bashman Today's edition of The Tennessean contains a special report on "Abortion in Tennessee": Today's newspaper contains articles headlined "TN, with few restrictions, attracts out-of-state women seeking abortions; But a vote could change it all"; "TN man's fight to stop embryo donation set stage for abortion rights"; "Public records on court petitions for abortions don't exist; Without records, policy is difficult to judge"; "Churches shift positions on abortion"; and "At 40, Memphis abortion clinic gets bold with its mission; State's oldest free-standing clinic makes bold statement in caring for women." Posted at 09:55 AM by Howard Bashman "Joan Orie Melvin's absence may hamstring Supreme Court cases": Paula Reed Ward has this article today in The Pittsburgh Post-Gazette. Today's edition of The Patriot-News of Harrisburg, Pennsylvania contains an article headlined "Amid charges, critics call for Justice Joan Orie Melvin's resignation." And The Philadelphia Inquirer reports that "Judge rejects calls to resign." "Under the U.S. Supreme Court: Justices will decide the fate of gay marriage." Michael Kirkland of UPI has this report. Posted at 09:28 AM by Howard Bashman Saturday, May 19, 2012 "Montana AG urges U.S. Supreme Court to keep corporate spending ban": The Missoulian has a news update that begins, "Attorney General Steve Bullock has urged the U.S. Supreme Court to uphold Montana's century-old ban on corporate spending in political races and reject an attempt to dismantle it." And a related news update is headlined "High court has 3 options on Montana's corporate spending ban." "Christie's second N.J. Supreme Court nominee to get confirmation hearing": MaryAnn Spoto of The Newark Star-Ledger has this news update. The Bergen County Record reports that "NJ Supreme Court nominee up for confirmation this month." The Associated Press reports that "New Jersey high court nominee faces skepticism." And in related coverage, today's edition of The Philadelphia Inquirer contains a front page article headlined "New Jersey bar president calls Christie criticism 'borderline unethical.'" "A campaign bombshell: If the court upholds the healthcare reform law, the president wins; if it declares the law unconstitutional, he loses. Right? Well, not so fast." Columnist Doyle McManus will have this op-ed Sunday in The Los Angeles Times. Posted at 03:47 PM by Howard Bashman "Judge's departure continues Supreme Court's makeover": In today's edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, "A dramatic reshaping of the Supreme Court of Canada under Prime Minister Stephen Harper has taken another step forward with the announced retirement of Madam Justice Marie Deschamps. The 59-year-old judge's imminent departure gives Mr. Harper his fifth opportunity to appoint someone to the nine-judge bench." And The Toronto Sun reports that "Deschamps to retire from Supreme Court." "Judge weighs multiple Guantanamo 9/11 trials": The Associated Press has this report. Posted at 02:58 PM by Howard Bashman "Md. high court will not reverse DNA ruling; state officials plan Supreme Court challenge": Today's edition of The Washington Post contains an article that begins, "Maryland's highest court will not overturn -- or even temporarily suspend -- its ruling last month that prohibits DNA collection from those charged but not yet convicted in violent crimes and burglaries, authorities said Friday." Posted at 02:50 PM by Howard Bashman "Obama may stay clear of court fight over Prop. 8": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 02:42 PM by Howard Bashman "Voting Rights Act upheld by appeals court": The Shelby County (Ala.) Reporter has this local coverage of a ruling that a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued yesterday. My earlier coverage of yesterday's ruling appears here, here, and here. "Appeals Panel Weighs Question on Press Rights": In today's edition of The New York Times, Charlie Savage has an article that begins, "At least two members of a three-judge federal appeals court panel appeared to express some skepticism on Friday about prosecutors' request that they overturn a district judge's order protecting a journalist from being forced to identify his confidential sources in the trial of a former Central Intelligence Agency officer." And Michael Calderone and Dan Froomkin of The Huffington Post report that "'Reporter's Privilege' Under Fire From Obama Administration Amid Broader War On Leaks." "Justice Joan Orie Melvin to fight charges": Paula Reed Ward has this article today in The Pittsburgh Post-Gazette. The newspaper also contains an article headlined "A sudden halt to stellar career" and an editorial entitled "Justice on ice: Orie Melvin should resign to make the court whole." Today's edition of The Pittsburgh Tribune-Review contains articles headlined "State Supreme Court Justice Joan Orie Melvin hit with four felonies" and "Reform vow, legal career lifted Melvin to high court," along with an editorial entitled "Charging Joan Orie Melvin: More's the pity." And The Philadelphia Inquirer contains an editorial entitled "Orie charges may help end some judicial elections." Friday, May 18, 2012 "Court upholds key provision of Voting Rights Act, Supreme Court review likely": Robert Barnes will have this article Saturday in The Washington Post. Warren Richey of The Christian Science Monitor reports that "Appeals court upholds key provision of Voting Rights Act. Supreme Court could loom; A federal court on Friday rejected an Alabama county's argument that a key part of the 1965 Voting Rights act is outdated; That could set the stage for a Supreme Court hearing." And at "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "D.C. Circuit Upholds Key Section of Voting Rights Act." "Top Pa. judge charged with campaign corruption": The Associated Press has this report. And Reuters reports that "Pennsylvania Supreme Court judge charged with corruption." "Federal Circuit Will Hear Judges' Back-Pay Challenge": At "The BLT: The Blog of Legal Times," Marcia Coyle has this post reporting on an order granting rehearing en banc that the U.S. Court of Appeals for the Federal Circuit issued today. My earlier coverage of the now vacated three-judge panel's ruling can be accessed here. "Citizens United Foes John McCain, Sheldon Whitehouse Take Argument To Supreme Court": Mike Sacks of The Huffington Post has this report. Posted at 03:10 PM by Howard Bashman "Voting Law's 'Preclearance' Provision Upheld On Appeal": Bloomberg News has this report. My earlier coverage of today's D.C. Circuit ruling appears at this link. "Federal appeals panel hears CIA leak case in Va." The Associated Press has this updated report. Posted at 02:23 PM by Howard Bashman "Ninth Circuit Recognizes Judge Diarmuid F. O'Scannlain": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release. Longtime readers of this blog may recall that Judge O'Scannlain was the first Ninth Circuit judge, and the second judge overall, to participate in this blog's "20 questions for the appellate judge" feature. You can access my interview with Judge O'Scannlain, originally published on March 1, 2003, by clicking here. "Edmondson to take senior status on appeals court": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "Judge J.L. 'Larry' Edmondson has told President Barack Obama he will take senior status on July 15, opening up another vacancy on the federal appeals court in Atlanta." Posted at 12:40 PM by Howard Bashman Supreme Court of Pennsylvania has issued an order stating that "Madame Justice Orie Melvin is hereby relieved of any and all judicial and administrative responsibilities as a Justice": You can access today's order of the Supreme Court of Pennsylvania at this link. A second order issued today by Pennsylvania's highest court directs the Court Administrator of Pennsylvania to "take such steps as are necessary to secure the records, files and equipment which are the property of the Supreme Court of Pennsylvania" located at Justice Orie Melvin's Pittsburgh office and further directs that those premises are to be vacated pending further order of the court. The Pittsburgh Tribune-Review has posted a copy of the criminal complaint issued today at this link. "Maryland court recognizes same-sex marriages for purpose of divorce; Out-of-state gay marriages recognized": The Baltimore Sun has this news update. And The Associated Press reports that "Md. highest court recognizes same-sex divorce." You can access today's ruling of the Court of Appeals of Maryland -- that state's highest court -- at this link. "Justice Joan Orie Melvin to step away from state Supreme Court to fight charges": Paula Reed Ward of The Pittsburgh Post-Gazette has a news update that begins, "State Supreme Court Justice Joan Orie Melvin this morning informed the court that she will voluntarily recuse from all duties because nine criminal counts will be filed against her today. According to a letter submitted to Chief Justice Ronald D. Castille by Justice Melvin's attorney, she will surrender at 2 p.m. to receive the charges contained in the grand jury presentment." Posted at 11:16 AM by Howard Bashman Majority on divided three-judge D.C. Circuit panel rejects challenge to the continued constitutionality of Section 5 of the Voting Rights Act of 1965: The U.S. Court of Appeals for the D.C. Circuit today issued its ruling in the case captioned Shelby County, Alabama v. Holder. This blog's earlier coverage of the federal district court's decision in the case, which today's D.C. Circuit ruling affirms, can be accessed here and here. At his "Election Law Blog," Rick Hasen has a post titled "Breaking News: Divided D.C. Circuit Panel Upholds Constitutionality of Voting Rights Act, Teeing Up Issue for Supreme Court." In other early coverage, Mary Orndorff of The Birmingham News has an update headlined "Shelby County loses appeal; Voting Rights Act is upheld by federal court." And Pete Yost of The Associated Press reports that "Appeals court upholds key voting rights provision." "Fourth Circuit to hear big campaign finance oral argument in Richmond": Kevin C. Walsh has this post at his "walshslaw" blog. Posted at 10:52 AM by Howard Bashman "Federal appeals panel to hear CIA leak case": The Associated Press has a report that begins, "A federal appeals panel will hear the case of an ex-CIA officer charged with leaking classified information about Iran's nuclear program to a New York Times reporter." Posted at 10:50 AM by Howard Bashman "Allegheny County DA charges state Supreme Court Justice Melvin": The Pittsburgh Tribune-Review has a news update that begins, "Allegheny County District Attorney Stephen A. Zappala Jr. this morning charged state Supreme Court Justice Joan Orie Melvin with nine criminal counts, including four felonies, following a lengthy grand jury investigation into accusations she used her state-paid staff for campaign work." You can access today's statement of the Allegheny County, Pennsylvania District Attorney's Office at this link. "Candidates duke it out in races for Texas Supreme Court": This article appears today in The Fort Worth Star-Telegram. Posted at 08:42 AM by Howard Bashman "Supreme Court to make life and death decision on landmark appeal in December": In today's edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, "The Supreme Court of Canada has left little doubt that it intends to create a blueprint for end-of-life treatment when it hears a landmark appeal next December." Posted at 08:30 AM by Howard Bashman "State Supreme Court Justice Joan Orie Melvin expected to be charged today": In today's edition of The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, "State Supreme Court Justice Joan Orie Melvin is expected to be charged today as a result of a grand jury investigation looking into improper campaign activity, according to a source familiar with the investigation." And The Pittsburgh Tribune-Review reports today that "No charges filed yet against Melvin." "Court denies motion to reconsider pardons": Today's edition of The Clarion-Ledger of Jackson, Mississippi contains an article that begins, "The Mississippi Supreme Court has denied Attorney General Jim Hood's motion to reconsider a ruling that validated then-Gov. Haley Barbour's pardons." And CNN.com reports that "Mississippi Supreme Court again upholds pardons." Thursday, May 17, 2012 "Memphis Moments: Abe Fortas." Radio station WKNO 91.1 of Memphis had this interesting audio segment (with transcript) today. Posted at 10:38 PM by Howard Bashman "Former Colorado Supreme Court Justice Kourlis gets top legal honor for reform work": The Denver Post has this news update. Posted at 10:26 PM by Howard Bashman "Die-Hard Yankees Fan Sonia Sotomayor Addresses Graduates at Yankee Stadium": Ariane de Vogue of ABC News has this blog post. Posted at 10:22 PM by Howard Bashman "Minute Maid wins 'Pomegranate Blueberry' case": Bob Egelko of The San Francisco Chronicle has this news update. My earlier coverage of today's Ninth Circuit ruling appears at this link. "Health care reform: GOP preps plan for ruling on law." Politico.com has a report that begins, "House Republican leaders are quietly hatching a plan of attack as they await a historic Supreme Court ruling on President Barack Obama's health care law. If the law is upheld, Republicans will take to the floor to tear out its most controversial pieces, such as the individual mandate and requirements that employers provide insurance or face fines." And in this past Sunday's edition of The New York Times, professor Richard H. Thaler had an essay entitled "Slippery-Slope Logic, Applied to Health Care." "Court to review request of illegal immigrant to practice law; A paralegal who was brought to the United States as a young child has been certified by the State Bar of California, raising broader questions about licensing illegal immigrants in other professions": Maura Dolan has this article today in The Los Angeles Times. In today's edition of The San Francisco Chronicle, Bob Egelko reports that "Court to decide if illegal immigrant can practice law." And Howard Mintz of The San Jose Mercury News reports that "California Supreme Court to decide if illegal immigrant can practice law." "Tasering a pregnant woman: excessive police force or not? Seattle officers contest appeal court verdict on 2004 confrontation over speeding ticket." This article appears in Friday's edition of The Independent (UK). Posted at 08:22 PM by Howard Bashman "Federal court overturns ruling on Greece Town Board prayer": The Rochester (N.Y.) Democrat and Chronicle has this news update. And Mark Hamblett of The New York Law Journal reports that "Town Board's Prayers Found to Endorse Christianity." My earlier coverage of today's Second Circuit ruling appears at this link. "U.S. Supreme Court Justice Breyer robbed again": James Vicini of Reuters has this report. Greg Stohr of Bloomberg News reports that "High Court Justice Breyer's Washington Home Burglarized." And Bill Mears of CNN.com reports that "Justice Breyer's D.C. home hit by burglary." "Court rules NY town's prayer violated Constitution": The Associated Press has this report. My earlier coverage of today's Second Circuit ruling appears at this link. In Bashman news from Australia: Now that baseball season is here, The Fraser Coast Chronicle reports today that "Home intruders bash man with bats." Posted at 04:53 PM by Howard Bashman "Justice Breyer's Georgetown home hit by burglar": "The Reliable Source" blog of The Washington Post has this post today. Posted at 03:30 PM by Howard Bashman "Federal judge blocks indefinite military detention provision": Reuters has a report that begins, "A federal judge on Wednesday blocked enforcement of a recently enacted law's provision that authorizes indefinite military detention for those deemed to have 'substantially supported' al Qaeda, the Taliban or 'associated forces.'" And at the "Lawfare" blog, Steve Vladeck has a post titled "Federal Judge Enjoins Section 1021 of the FY2012 NDAA." You can access yesterday's ruling of the U.S. District Court for the Southern District of New York at this link. "Appeals court revives POM lawsuit versus Coca-Cola": Dan Levine of Reuters has this report. My earlier coverage of today's Ninth Circuit ruling appears at this link. "Fate of 'uninsurables' hinges on Supreme Court": The Associated Press has this report. Posted at 02:20 PM by Howard Bashman By popular demand, new posts at "How Appealing" can now be accessed online via Twitter: As Tony Mauro's recent article about this blog's tenth birthday pointed out, the "How Appealing" blog during its first ten years lacked any Twitter feed. Starting today, however, "How Appealing" does have a twitter feed, @howappealing. Via a service known as Twitterfeed, new posts published here will automatically appear as tweets, so if you prefer to be notified of new posts using Twitter, you can now do so by following this blog at twitter.com/howappealing. "Melvin to soon learn fate": Today's edition of The Pittsburgh Tribune-Review contains an article that begins, "An Allegheny County grand jury investigating state Supreme Court Justice Joan Orie Melvin will hear testimony this morning as a deadline on recommending charges nears." Posted at 01:40 PM by Howard Bashman Ninth Circuit decides Pom Wonderful's lawsuit alleging that Coca-Cola misled consumers to believe that a juice beverage called "Pomegranate Blueberry" consists primarily of pomegranate and blueberry: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Posted at 01:30 PM by Howard Bashman "2nd Circuit finds NY town prayers unconstitutional": Terry Baynes of Reuters has this report. My earlier coverage of today's Second Circuit ruling appears at this link. "Although it is customary not to issue opinions when an appellate court affirms on a tie vote, there are occasional departures." So explains a per curiam opinion that the en banc U.S. Court of Appeals for the Seventh Circuit issued today explaining that the court has divided 5-to-5 on a case involving a so-called "class of one" equal protection claim. The per curiam opinion proceeds to explain: A majority of the judges of the court have concluded that this is an appropriate occasion for such a departure. The law concerning "class of one" equal-protection claims is in flux, and other courts faced with these cases may find the discussion in the three opinions in this case helpful.The three opinions in question were (listed in the order in which they appear) written by Circuit Judge Richard A. Posner, Chief Judge Frank H. Easterbrook, and Circuit Judge Diane P. Wood. You can access the audio of the en banc oral argument via this link (10.3 MB mp3 audio file). The Seventh Circuit voted to take the case en banc before the original three-judge panel assigned to decide the case had issued its ruling. Once the case went en banc, the Seventh Circuit appointed attorney Thomas L. Shriner, Jr. of Foley & Lardner to represent the appellant, who had previously appeared pro se. "[T]he only live issue on appeal is whether the district court erred in rejecting the plaintiffs' assertion that the town's prayer practice had the effect, even if not the purpose, of establishing religion." A unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit, in an opinion by Senior Circuit Judge Guido Calabresi, today reinstated a lawsuit challenging the practice of the Town of Greece, New York, of beginning its Town Board meetings with a short prayer. As the first paragraph of today's opinion explains, "We hold that, on this record, the district court erred in rejecting the plaintiffs' argument that the prayer practice impermissibly affiliated the town with a single creed, Christianity." "Beware a gay rights backlash: We should look to Congress, not the Supreme Court, to change the laws." Law professor Eric J. Segall had this op-ed yesterday in The Los Angeles Times. Posted at 12:26 PM by Howard Bashman "6th Circuit finds victim's sexual history off limits": Terry Baynes of Reuters has this report. My earlier coverage of yesterday's en banc Sixth Circuit ruling can be accessed here. "Copyright suit against West and Lexis halted": Reuters has a report that begins, "Attorneys who did not register their works cannot sue the legal research providers West and LexisNexis for violating their copyright, a U.S. judge ruled on Wednesday." Posted at 11:42 AM by Howard Bashman "Second Opinions: Obamacare isn't the only target of conservative judges." Law professor Jeffrey Rosen has this essay in the May 24, 2012 issue of The New Republic. My earlier coverage of the concurring opinion that's the focus of Rosen's essay can be accessed here. "Supreme Court Justice Sonia Sotomayor sings New York's praises at NYU commencement; 'The city, it challenges you to do big things,' she tells grads": The New York Daily News has this report. And NY 1 reports that "NYU Grads Get Supreme Sendoff At Yankee Stadium." New York University has posted online the video of the complete commencement ceremony at this link. "Supreme Court Justices Take a Musical Break": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 11:06 AM by Howard Bashman "Goodbye to Gitmo": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times. Posted at 09:25 AM by Howard Bashman "Court backs Fla. teacher fired in maternity case": The Associated Press has this report. And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Court Revives Teacher's Pregancy-Bias Suit." My earlier coverage of yesterday's Eleventh Circuit ruling appears at this link. "Justice Dept. Defends Public's Constitutional 'Right to Record' Cops": Kim Zetter has this post at Wired.com's "Threat Level" blog, reporting on a letter that the Civil Rights Division of the U.S. Department of Justice issued on Monday. Posted at 08:40 AM by Howard Bashman "Changing Roles on Secret Appeals Court in Washington": At "The BLT: The Blog of Legal Times," Mike Scarcella has a post that begins, "Judge Morris Arnold of the U.S. Court of Appeals for the Eighth Circuit will take over as the presiding judge of a secret federal appeals court in Washington this week, a court official said." Posted at 08:36 AM by Howard Bashman Wednesday, May 16, 2012 "Is Campaign Disclosure Heading Back to the Supreme Court? Don't expect to see Karl Rove's Rolodex just yet." Law professor Richard L. Hasen, author of the "Election Law Blog," has this jurisprudence essay online at Slate. Posted at 09:01 PM by Howard Bashman "Teacher fired over pregnancy can sue religious school": Terry Baynes of Reuters has a report that begins, "A U.S. appeals court on Wednesday revived a Florida teacher's lawsuit against the Christian school that fired her after she confessed to conceiving a child before her marriage." Circuit Judge Ed Carnes wrote today's ruling of the U.S. Court of Appeals for the Eleventh Circuit on behalf of a unanimous three-judge panel. "Unleash the Hounds: Why Justice Souter should publish his secret dissent in Citizens United." Law professor Richard L. Hasen, author of the "Election Law Blog," has this jurisprudence essay online at Slate. Posted at 02:41 PM by Howard Bashman Splintered en banc U.S. Court of Appeals for the Sixth Circuit issues habeas decision involving Michigan's Rape Shield Law: You can access today's en banc ruling of the U.S. Court of Appeals for the Sixth Circuit at this link. Posted at 10:42 AM by Howard Bashman "Dream Act supporters target filibuster": In today's edition of The Washington Times, Stephen Dinan has an article that begins, "Illegal-immigrant students and some House Democrats sued the Senate this week to try to overturn the upper chamber's filibuster rule, arguing that the 60-vote threshold applied to most major legislation violates the Constitution and is blocking important legislation, such as legalization for illegal immigrants." Posted at 08:52 AM by Howard Bashman "Admitted file-swapper begs Supreme Court for help; Says RIAA sought huge damages to create an 'urban legend'": Nate Anderson has this report online at Ars Technica. Posted at 08:50 AM by Howard Bashman "Obama implementing same Bush policies on terror he once reviled; Guantanamo trials highlight what he's kept": This article appears today in The Washington Times. Posted at 08:46 AM by Howard Bashman "Scalia Turns Advocate Against Obama as Queries Criticized": Greg Stohr of Bloomberg News has this report. Posted at 08:44 AM by Howard Bashman "Supreme Court ruling prompts calls for change": Today's edition of The Citizens' Voice of Wilkes-Barre, Pennsylvania contains an article that begins, "A state Supreme Court ruling last month denying tax-exempt status to a religious camp in Pike County is spurring an effort in the Senate to amend the state Constitution." And earlier this month, The Pittsburgh Post-Gazette reported that "Ruling 'game-changer' for nonprofit tax status." My most recent earlier coverage of this case can be accessed here. "Gay prosecutor's rejection for judgeship lands Virginia back in spotlight": This article appears today in The Richmond Times-Dispatch. The Washington Post reports today that "Virginia General Assembly rejects openly gay prosecutor for Richmond judgeship." And The New York Times reports that "Gay Prosecutor Is Denied Virginia Judgeship Despite Bipartisan Support." Tuesday, May 15, 2012 "Ex-DOJ Official Spars with Agency over Ethics Question": Brent Kendall has this post today at WSJ.com's "Law Blog." Posted at 10:40 PM by Howard Bashman "Lives in the Law: Justice John Paul Stevens." Duke Law News has this report. Posted at 10:36 PM by Howard Bashman "N.Y. Senate passes bill to make viewing child porn on Internet a crime": Reuters has a report that begins, "The New York State Senate on Tuesday passed legislation to make it a crime to view child pornography on the Internet, as lawmakers rushed to close a loophole opened by a state appeals court just a week earlier." Posted at 10:32 PM by Howard Bashman "Wells Fargo Seeks Reversal of $203 Million Overdraft Damages": Bloomberg News has this report. Posted at 10:30 PM by Howard Bashman Monday, May 14, 2012 Programming note: On Tuesday, I will be arguing an appeal before a three-judge panel of the Superior Court of Pennsylvania. Additional posts will appear here on Tuesday afternoon. Posted at 10:09 PM by Howard Bashman "A Ticket, 3 Taser Jolts and, Perhaps, a Trip to the Supreme Court": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times. Posted at 10:08 PM by Howard Bashman "Influential judge has cramped view of First Amendment": Online at the First Amendment Center, Douglas E. Lee has an essay that begins, "Those fond of the First Amendment should be glad that Richard Posner isn't in charge of interpreting it." Posted at 02:33 PM by Howard Bashman Now that's an expensive postage stamp, part two: How much will the U.S. Postal Service need to pay to the artist who made the soldier sculptures located at the Korean War Veterans Memorial in Washington, DC for depicting the sculptures in a postage stamp? Today the U.S. Court of Appeals for the Federal Circuit issued this ruling instructing the U.S. Court of Federal Claims to revisit that issue. The Federal Circuit's earlier ruling in this case issued in February 2010. My coverage of that ruling can be accessed here. In coverage of today's ruling, Bloomberg News reports that "Korean Memorial Sculptor Should Be Paid More, Court Says." Update: In other coverage, Terry Baynes of Reuters has an article headlined "Sculptor can recover copyright royalties from USPS -- Fed Cir." "Apple Wins Review of Tablet Patent in Samsung Dispute": Bloomberg News has this report. And Reuters reports that "Court revives Apple claim on Samsung tablets." You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit at this link. Access online today's Order List and opinion in an argued case of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court did not grant review in any new cases. Justice Sonia Sotomayor delivered the opinion of the Court in Hall v. United States, No. 10-875. Justice Stephen G. Breyer issued a dissenting opinion, in which Justices Anthony M. Kennedy, Ruth Bader Ginsburg, and Elena Kagan joined. You can access the oral argument via this link. Update: In early news coverage, The Associated Press has reports headlined "Court says farmers must pay bankruptcy tax"; "Court won't hear appeals from Bulger victim family"; "Court turns away PR congressional vote lawsuit"; "High court nixes appeals over shipwreck treasure"; and "Court won't consider giving man new trial." "Four ways to improve Michigan Supreme Court elections": In yesterday's edition of The Detroit Free Press, Michigan Supreme Court Justice Marilyn Kelly and Senior Sixth Circuit Judge James L. Ryan had this essay. Posted at 07:20 AM by Howard Bashman "Sen. Lee, son of top Reagan official, learned early lessons from Harry Reid": The Hill has this profile of U.S. Senator Mike Lee (R-UT). Posted at 07:14 AM by Howard Bashman "Money Unlimited: The Chief Justice and Citizens United." Jeffrey Toobin has this "Annals of Law" article in the May 21, 2012 issue of The New Yorker. Posted at 07:12 AM by Howard Bashman Sunday, May 13, 2012 "Supreme Court challengers say court is too pro-business": In Monday's edition of The Austin American-Statesman, Chuck Lindell will have an article that begins, "Three members of the all-Republican Texas Supreme Court face re-election this year, but two will have to survive primary opponents who accuse the court of becoming too pro-business." Posted at 09:42 PM by Howard Bashman "LCD Case Takes a New Twist; Ethics Battle Erupts Over Lawyer Chosen by Executive Convicted of Price Fixing": In Monday's edition of The Wall Street Journal, Brent Kendall will have an article that begins, "In an unusual showdown over government ethics, the Justice Department is challenging former acting Solicitor General Neal Katyal over his bid to represent an electronics executive convicted of price fixing." You can freely access the full text of the article via Google News. "Obama Pitches Equal Pay to Win Women Even as Charges Drop": Bloomberg News has a report that begins, "Some days, it may seem that President Barack Obama's running mate is Lilly Ledbetter." Posted at 09:33 PM by Howard Bashman "Top judge: ditching software patents a 'bad solution'; Former Federal Circuit Judge Paul Michel sees no 'magic bullets' for patent reform." Timothy B. Lee has this post today at the "Ars Technica" blog. Posted at 09:25 PM by Howard Bashman "Back home in Toronto, Conrad Black plans to keep low profile": This article will appear Monday in The Toronto Globe and Mail. Posted at 09:20 PM by Howard Bashman "Employment lawyer fights regulations": Monday's edition of The Washington Post will contain an article that begins, "Eugene Scalia is a well-known name in Washington -- his father is U.S. Supreme Court Justice Antonin Scalia. The younger Scalia is a partner at Gibson Dunn & Crutcher who has carved out a niche representing business groups against regulatory agencies over corporate rules they consider unnecessary." Posted at 09:14 PM by Howard Bashman "Gay-Marriage Cases Pose Legal Tests for Administration": Jess Bravin will have this article Monday in The Wall Street Journal. Posted at 09:12 PM by Howard Bashman "Justice says he'll defend same-sex marriage vote in campaign; 'I'm not going to let them bully me,' says David Wiggins, who joined 2009 same-sex marriage ruling": Today's edition of The Des Moines Register contains an article that begins, "Iowa Supreme Court Justice David Wiggins vows he won't stand quietly by if opponents of same-sex marriage launch a potent campaign to oust him from the bench." Posted at 10:14 AM by Howard Bashman "Louis H. Pollak, Civil Rights Advocate and Federal Judge, Dies at 89": This obituary appears today in The New York Times. Posted at 10:12 AM by Howard Bashman "Under the U.S. Supreme Court: 2012 election drowning in secret money." Michael Kirkland of UPI has this report. Posted at 08:45 AM by Howard Bashman  
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