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 Politico.com.
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 Wired.com's "Threat Level" blog.
Posted at 02:07 PM by Howard Bashman



"Bob Menendez denies judge block reports": Politico.com 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 SeattlePI.com 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 Wired.com'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


eXTReMe Tracker

From the Law.com Newswire:


Click to open links in new
     windows

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge


How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law

ACSBlog

Adam Smith, Esq.

Althouse

Bag and Baggage

Balkinization

The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns

Crossroads

Discriminations

Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney

InstaPundit.Com

Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

Law News Now

Legal Theory

Notes from the (Legal) Underground

PrawfsBlawg

Professor Bainbridge.com

Religion Clause

SCOTUSblog

Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things

tonypierce.com + busblog

The Volokh Conspiracy

Wonkette

Workplace Prof Blog

WSJ.com's Law Blog

Other Links

abcNEWS.com's The Note

The Associated Press Newswire

Best of the Web Today

The Corner

McSweeney's Internet Tendency

Movie Review Query Engine

Obscure Store & Reading Room

The Onion

Overlawyered.com

PointofLaw.com

Salon

Slate

Tapped

Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

AndrewSullivan.com

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront

Benefitsblog

BenMaller.com

beSpacific

Betsy's Page

Big Picnic

bIPlog

The Bitch Girls

the bitter shack of resentment

The Bleat

Blithering Idiot

The Blog from the Core

Blonde Justice

Blue Mass. Group

Body and Soul

Boing Boing

Braves Journal

Brendan O'Neill

Brian Peterson's Legal Weblog

Brothers Judd Blog

The Buck Stops Here

BuffaloWings&Vodka

Cacciaguida

Calblog

California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

ColbyCosh.com

The Comedian

Common Sense and Wonder

Conglomerate

CONTENT / v.3

Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

crabwalk.com

Criminal Appeal

CrimLaw

Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias

DailyPundit.com

Daimnation!

Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office

Disputation

The Doc Searls Weblog

Doxagora

Dr. Weevil

Dubyanell Feds

easily distracted

effinchamp

Electrolite

EmoryLaw Student.com: Adam

Eric's Weblog

Eve Tushnet.com

excited utterances

explodedlibrary.info

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity

Fourth Amendment.com

Froggi's update

Frothing at the Mouth

FurdLog

Gawker

GeekPress

Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden

GrepLaw

grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run

HobbsOnline

Hoplites

Hose Monster Blog

HowardOwens.com

Howling Point

HughHewitt.com

Ichiblog

The Importance Of

inappropriate response

Inchoate

In Context

The Indiana Law Blog

infoAnarchy

Insolvent Republic Of Blogistan

Inter Alia

Interrobang

Ipse Dixit

IsThatLegal?

Jens 'n' Frens

Jewish Buddha

Jim Dedman

Joanne Jacobs.com

Joe Gratz's blog

John Scalzi's Whatever

joyfulchristian

Jumping To Conclusions

Kausfiles

Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet

KittySays

Kiwi Pundit

Kyle Still Free Press

l8r

Law Dork

LawMeme

Lawrence Lessig

Law School UNconfidential

LawSites

Legal Fiction

Legal Ramblings

The Legal Reader

The Leiter Reports: Editorials, News, Updates

Letters of Marque

Lex Communis

Life, Law, Libido

The Light of Reason

The Lincoln Plawg

little green footballs

Log -- David Chess

Lonestar Expat

Lonewacko

Lucpher.com

The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman

Marstonalia

Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon

Mellow-Drama

Mercurial

Michael J. Totten

Mirthful Ones

moxie.nu | blog

ms. morality

MyFreePress.com

Natalie Solent

NathanNewman.org

Neal Pollack's The Maelstrom

Nerdlaw.org

The Neutral Zone Trap

nikita demosthenes

Ninomania

No Left Turns

Notes from the (1L) Underground

No Watermelons Allowed

Nuts and Boalts

Off the Kuff

Off the Pine

Oliver Willis

One Fine Jay

One Maven

Open Book

OrinKerr.com

Oscar Jr. Was Here

Outside the Beltway

Overpundit

Overtaken by Events

OxBlog

Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons

PhotoDude.com

PIKER

Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News

Quare

rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings

Rantophilia

The Rattler

rc3.org

RealityChecker.org

Reason & Liberty

Refference

Regions of Mind

The Remedy

Res Ipsa Loquitur

RiShawn Biddle's The Usual Suspect

The Rittenhouse Review

Robert Fortuno's Weblog

Roger's View

Rory Perry's Weblog

Running With Lawyers

Samizdata.net

Sarah Eve Kelly

Sarah Lai Stirland

sasnaK

A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online

ScrappleFace

Scripting News

sean.harding

Second Opinions

Second p0st

The Securities Law Beacon

Seeking for Righteousness

Semi-Daily Journal

The Shout

Shouting 'Cross the Potomac

Silflay Hraka

Simone Koo

skippy the bush kangaroo

The Slithery D

Snark Attack

SnarkSpot

Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts

SteveSachs

Stop the Bleating!

sugarmama

Sugar, Mr. Poon?

Sugarpoet.com

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire


taiwanon.com

the talking dog

Talking Points Memo

TarheelPundit

TBOGG

Tech Law Advisor

Terebi II

Texas Law Blog

that abby girl's journal

That Broken Girl

That's News To Me

The Third Branch

Tierney's WeblAG

Tim Blair

Tom Tomorrow

The Trademark Blog

Troppo Armadillo

trr

The Truth Laid Bear

Tutissima Cassis

uggabugga

unbillable hours

UnivAtty

Unqualified Offerings

Uppity-Negro.com

urban nomad

U.S. Supreme Court Blog

UXblog

vigilant.tv

The Ville

Votelaw

vpostrel.com

Waddling Thunder

walterindenver

WampumBlog

WarLiberal.com

The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC

WOIFM

Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog

Yourish.com

zonitics.com

#!/usr/bin/geek