How Appealing

Friday, January 6, 2012

"Court: Super Bowl massacre letters weren't threats." Bob Egelko of The San Francisco Chronicle has this news update.

My earlier coverage of today's en banc Ninth Circuit ruling appears here and here.
Posted at 09:00 PM by Howard Bashman

"Feds: Judge's ruling destroyed case against alleged leaker." Josh Gerstein has this blog post at
Posted at 08:25 PM by Howard Bashman

"New briefs preview Supreme Court clash over health care": The Washington Times has this news update.

Ariane de Vogue of ABC News has a blog post titled "Obama Administration Forcefully Defends Health Care Law's Individual Mandate."

And at "SCOTUSblog," Lyle Denniston has a post titled "Health care debate reopens."
Posted at 08:24 PM by Howard Bashman

"Supreme Court to rule on drug-sniffing dog case; Florida justices had ruled against the use of such dogs to detect marijuana at the door of a home without evidence of criminal activity; The high court will hear an appeal": David G. Savage will have this article Saturday in The Los Angeles Times.

And in Saturday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court to review use of drug-sniffing dog at the front door of a house."
Posted at 08:16 PM by Howard Bashman

"Texas election map fight goes before Supreme Court": James Vicini of Reuters has this report.
Posted at 06:20 PM by Howard Bashman

"Obama Administration Files Brief Defending Health Care Law Individual Mandate With Supreme Court": Mike Sacks of The Huffington Post has this report.
Posted at 05:52 PM by Howard Bashman

"Does drug dog sniff outside home violate privacy? Supreme Court takes case; The Supreme Court will examine a case in which a drug dog signaled the presence of narcotics after being brought to the door of a home; A warrant was obtained, and growing marijuana was found." Warren Richey of The Christian Science Monitor has this report.
Posted at 05:50 PM by Howard Bashman

"Jared Loughner's lonely world before attack": This front page article appears today in The Arizona Republic.

USA Today has a news update headlined "Anniversary of Giffords shooting in Arizona reopens wounds."

And The Associated Press reports that "Trial not likely for Jared Lee Loughner in 2012."
Posted at 05:47 PM by Howard Bashman

"Gov't defends core of health care overhaul": Mark Sherman of The Associated Press has a report that begins, "The Obama administration defended the health care overhaul in a filing Friday with the Supreme Court that calls the law an appropriate response to a 'crisis in the national health care market.'"

James Vicini of Reuters reports that "Obama lawyers defend healthcare law in Supreme Court."

And Greg Stohr of Bloomberg News reports that "Obama Lawyers Defend Health-Care Law at U.S. High Court."
Posted at 05:28 PM by Howard Bashman

"David Wecht sworn in as Superior Court judge": This article appeared yesterday in The Pittsburgh Tribune-Review.
Posted at 04:38 PM by Howard Bashman

"Oracle can't appeal SAP order right away-judge": Dan Levine of Reuters has this report.
Posted at 04:26 PM by Howard Bashman

"Big business backs David against EPA's Goliath in wetlands fight": Lawrence Hurley of Greenwire has this report.
Posted at 04:20 PM by Howard Bashman

"U.S. files brief": The "aca litigation blog" has this post and provides this link to the federal government's brief filed today in the U.S. Supreme Court in defense of the federal healthcare mandate.
Posted at 04:17 PM by Howard Bashman

"Court tosses conviction for Super Bowl threats": Terry Baynes of Reuters has this report.

My earlier coverage of today's en banc Ninth Circuit ruling appears at this link.
Posted at 04:13 PM by Howard Bashman

"So much for Plan B: Kaplan denies Chevron attachment motion." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.

And The Associated Press reports that "NY judge declines to halt $18B Ecuadorean judgment."
Posted at 04:03 PM by Howard Bashman

"Blackwater suit ends 7 years after Fallujah deaths": The Associated Press has this report.
Posted at 03:24 PM by Howard Bashman

"Chevron's Bid to Block Ecuadorean Asset Collection Denied": Bloomberg News has this report.
Posted at 02:48 PM by Howard Bashman

"Drug-Sniffing Dog Will Get His Day At U.S. Supreme Court": Mike Sacks of The Huffington Post has this report.

And Greg Stohr of Bloomberg News reports that "Drug-Sniffing Dogs Bring U.S. High Court Scrutiny in Search-Warrant Case."
Posted at 02:18 PM by Howard Bashman

En banc Ninth Circuit holds that death threats addressed to corporations aren't illegal because corporations aren't people for purposes of the federal criminal statute at issue: You can access today's 64-page ruling of an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit at this link. The ruling consists of a majority opinion, a concurring opinion, two opinions concurring in part and dissenting in part, and a dissenting opinion.

The original three-judge panel's divided opinion in this case issued in August 2010 while I was away on vacation, and thus this blog's archives lack any coverage of that ruling. At that time, Carol J. Williams of The Los Angeles Times had an article headlined "9th Circuit overturns conviction of man who made Super Bowl threats; The panel found that Kurt Havelock wasn't guilty of mailing threatening communications to any individual person when he sent letters to media organizations saying he planned to kill fans in 2008." Warren Richey of The Christian Science Monitor reported that "Manifesto in aborted Super Bowl rampage was not criminal, court rules; In a case involving a planned and then abandoned shooting spree at the 2008 Super Bowl, a federal appeals court ruled Monday that the would-be shooter's manifesto -- mailed to the media -- was not criminal because it was not personal." And David Kravets had a post titled "Court: Death Threats Addressed to Corporations Aren't Illegal" at's "Threat Level" blog.
Posted at 02:07 PM by Howard Bashman

"Bob Menendez denies judge block reports": has this report.
Posted at 01:50 PM by Howard Bashman

In today's mail: A copy of the book "Constitution 3.0: Freedom and Technological Change," an anthology edited by Jeffrey Rosen and Benjamin Wittes.
Posted at 01:45 PM by Howard Bashman

"Supreme Court to decide drug-detecting dog sniff case": James Vicini of Reuters has this report.

The Associated Press reports that "Court to hear case of Franky the drug dog."

And at "SCOTUSblog," Lyle Denniston has a post titled "Two new cases granted."

You can access today's Order List of the U.S. Supreme Court at this link.
Posted at 01:35 PM by Howard Bashman

Second Circuit launches New Year's offensive to be the most efficient federal appellate court in disposing of pending cases: A longtime reader emails:
We all get some dates wrong when the year changes, and sometimes they lead to amusing results. Today's decision from the Second Circuit, for example, was argued December 13, 2012, and decided on January 6, 2012. Must be a new record!
You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. Not surprisingly, this extreme example of judicial efficiency is attributed to Judge "Per Curiam."

Update: A version of the opinion with the oral argument date corrected can now be accessed here.
Posted at 11:14 AM by Howard Bashman

Is that 700 Oxycodone pills in your underwear or are you just happy to see me? In today's edition of The San Francisco Chronicle, Bob Egelko has an article headlined "Court OKs airport groin searches for drugs."

And reports that "Court OKs Sea-Tac crotch search; Passenger arrested with 700 Oxycodone pills in undies."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:38 AM by Howard Bashman

"WikiLeaks Supporters Lose Court Bid to Protect Twitter Records": Kim Zetter has this post at's "Threat Level" blog.
Posted at 10:16 AM by Howard Bashman

"SJC orders state to cover legal immigrants": Today's edition of The Boston Globe contains an article that begins, "Massachusetts lawmakers must quickly come up with about $150 million to provide health insurance to tens of thousands of legal immigrants, after the state's highest court ruled yesterday that they were illegally excluded from subsidized coverage available to other residents."

Today's edition of The Boston Herald contains an article headlined "Court: Legal immigrants qualify for health care."

The Associated Press reports that "Massachusetts cannot prevent thousands of legal immigrants from joining Commonwealth Care, court rules."

And Northeastern University has issued a news release headlined "SJC rules for legal immigrants represented by Northeastern professor in health coverage case."

You can access yesterday's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 10:05 AM by Howard Bashman

"State Supreme Court to rule on time limits in molestation cases; During oral arguments at the California Supreme Court, several justices appear skeptical about allowing flexible deadlines for lawsuits against those who knew about abuse and didn't stop it": Maura Dolan has this article today in The Los Angeles Times.
Posted at 09:57 AM by Howard Bashman

"Families of dead Blackwater contractors settle suit": This article appears today in The Virginian-Pilot.
Posted at 09:55 AM by Howard Bashman

"Texas Case Could Lead to changes in Voting Rights Act": Ariane de Vogue of ABC News has this report.

And yesterday in The Fort Worth Star-Telegram, columnist Linda P. Campbell had an op-ed entitled "Texas redistricting brief argues for demise of Voting Rights Act."
Posted at 09:52 AM by Howard Bashman

"W.House mum over possible appointment legal advice": Reuters has a report that begins, "The White House on Thursday refused to say whether lawyers at the U.S. Justice Department gave the green light to President Barack Obama's controversial appointments to two agencies but experts said the department almost certainly did provide advice."

And online at The Weekly Standard, Adam J. White has a lengthy blog post titled "An Unconstitutional Appointment to an Unconstitutional Office."

Update: At "The Volokh Conspiracy," Jonathan H. Adler links to additional commentary in a post titled "Recess Appointment Round-Up."
Posted at 09:12 AM by Howard Bashman

"After Ontario Superior Court judge's slip-up, appeal seeks new trial for 'Mr. Guilty'": In today's edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, "Shortly before a Toronto jury left the courtroom to start deliberations at Prinze Wilson's cocaine-trafficking trial last spring, Madam Justice Faye McWatt of the Ontario Superior Court stressed the need to respect his presumption of innocence. 'It is only defeated if, and when, Crown counsel has satisfied you beyond a reasonable doubt that Mr. Guilty -- I'm sorry, that Mr. Wilson -- is guilty of the crime charged,' Judge McWatt said."
Posted at 09:10 AM by Howard Bashman

"Sen. Menendez blocking federal judge's appointment to powerful court of appeals": The Newark (N.J.) Star-Ledger has this news update.
Posted at 09:08 AM by Howard Bashman

"Sept. 11 Case A Litmus Test For Military Commissions": This audio segment appeared on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 07:58 AM by Howard Bashman

"State's top court refuses to hear Apple's tax case": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 07:56 AM by Howard Bashman

"Nicole Richie's Cursing May Spur Top Court to Free Broadcasters": Greg Stohr of Bloomberg News has this report.
Posted at 07:55 AM by Howard Bashman

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