"Recess Appointments Ruling to Be Appealed":
Charlie Savage will have this article
Wednesday in The New York Times.
Stephen Dinan of The Washington Times reports that "Obama to appeal recess appointment ruling to Supreme Court."
Bloomberg News reports that "Obama to Ask Supreme Court to Settle Recess-Power Dispute."
The Associated Press reports that "Labor board to appeal recess case to Supreme Court."
Lawrence Hurley of Reuters reports that "NLRB to seek top court review of recess appointments ruling."
At "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "NLRB to Appeal Recess Case Directly to Supreme Court."
And at "SCOTUSblog," Lyle Denniston has a post titled "Recess appointments issue on way to Court."
"New York City Appeals Soda Size Ban Court Defeat":
Bloomberg News has this report
And Wednesday's edition of The New York Times will contain an article headlined "Legal Battle Over Limits on Sugary Drinks May Outlast Mayor's Tenure."
"Fifth-grader can hand out Christmas party invitations in public school, court rules":
Peter Hall off The Morning Call of Allentown, Pennsylvania has an article
that begins, "A fifth-grader has the same right to give her classmates invitations to a church Christmas party as older students have to protest political and social issues in school, a federal appeals court ruled Tuesday."
The Associated Press (via The Pocono Record) reports that "US appeals court OKs church invites at Barrett Elementary School."
And at the "School Law Blog" of Education Week, Mark Walsh has a post titled "Appeals Court Backs 5th Grader's Religious Flier."
My earlier coverage of today's Third Circuit ruling appears at this link.
"Appeals court strikes down Va. anti-sodomy law":
The Associated Press has this report
on the ruling
that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit
"BofA's Countrywide Asks Appeals Court to Undo MBIA Ruling":
Bloomberg News has this report
Update: In other coverage, Reuters reports that "Bank of America asks appeals court to overturn rulings in MBIA case."
"NLRB To Seek Supreme Court Review in Noel Canning v. NLRB":
The National Labor Relations Board issued this news release
today announcing its intention to bypass the possibility of rehearing en banc in the D.C. Circuit
and instead proceed directly to the U.S. Supreme Court
by means of a petition for writ of certiorari.
"NAACP chief slams Solicitor General":
Al Kamen and Emily Heil have this post
today at the "In the Loop" blog of The Washington Post.
"Disabled Flying in Unfriendly Skies":
At her "Trial Insider" blog, Pamela A. MacLean has this post
reporting on a ruling
that the U.S. Court of Appeals for the Ninth Circuit
Update: In other coverage, Dan Levine of Reuters reports that "U.S. appeals court revives lawsuit vs United Airlines over wheelchair."
Harvard Law Review Online posts three essays addressing the D.C. Circuit's recent recess appointment ruling:
Law professor Adrian Vermeule
's essay is titled "Recess Appointments and Precautionary Constitutionalism
Law professor Cass R. Sunstein's essay is titled "Originalism v. Burkeanism: A Dialogue Over Recess."
And law professor Peter L. Strauss has an essay titled "The Pre-Session Recess."
"Guantanamo smoke detector/listening device revealed":
Carol Rosenberg of The Miami Herald has this report
"Convicted Lobbyist Asks Full D.C. Circuit to Review Prosecution":
Mike Scarcella has this post
today at "The BLT: The Blog of Legal Times."
"The Mirage of Racism: The Supreme Court should strike down the Voting Rights Act and rein in Attorney General Eric Holder."
Law professor Richard A. Epstein
has this essay
online today at the Defining Ideas web site of the Hoover Institution.
"Supreme Court wades into bitter Texas-Okla. feud ahead of expected 'flood of litigation'":
Jeremy P. Jacobs of Greenwire has this report
"Federal Judiciary Braces for Broad Impact of Budget Sequestration":
The Administrative Office of the U.S. Courts issued this news release
Update: In news coverage, Lawrence Hurley of Reuters reports that "U.S. federal judiciary warns of impact of budget cuts."
And at "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "Judge Warns Sequestration Would 'Strike at the Heart' of Judiciary."
Federal appellate geeks rejoice as the Administrative Office of the U.S. Courts has today posted online statistics for the 12-month period ending September 30, 2012:
You can access the statistics via this link
In my role as an appellate pundit, I took something of a risk when in last month's installment of my Legal Intelligencer column I published an essay titled "Statistics Confirm Growing Rarity of Oral Arguments at Third Circuit" without having access to the Third Circuit's oral argument statistics for the 12-month period ending September 30, 2012. But the relevant statistics became available today, and they further confirm my hypothesis.
The most recent federal appellate court oral argument statistics, which can be accessed online as to all regional circuits and the D.C. Circuit via this link, show that the percentage of cases being orally argued at the Third Circuit for the 12-month period ending September 30, 2012 declined even further from the immediately preceding 12-month period.
Third Circuit affirms entry of preliminary injunction in favor of a fifth-grade student at the Barrett Elementary Center of the Pocono Mountain School District allowing her to distribute invitations to her classmates to a Christmas party at her church:
You can access today's ruling of the U.S. Court of Appeals for the Third Circuit
at this link
"Dutch Supreme Court rules a 'tongue kiss' not rape":
The Associated Press has this report
"Ruth Bader Ginsburg celebrates 80th birthday with Washington National Opera":
Amy Argetsinger has this post
at "The Reliable Souce" blog of The Washington Post.
Opting to go from justice on state's highest court to U.S. District Judge:
In news from Montana, The Associated Press reports that "Butte native considered for federal judgeship -- Sen. Baucus to recommend Brian Morris
According to the Montana Supreme Court's biography for Justice Brian Morris, he "served as law clerk for the Honorable William H. Rehnquist at the United States Supreme Court and for the Honorable John T. Noonan, Jr., of the United States Court of Appeals for the Ninth Circuit."
Perhaps the draw to the federal bench to become a trial judge is the guarantee of life tenure. Justice Morris is now 49 years old. According to The AP's report, he "was re-elected in 2012 to another eight-year term [on Montana's highest court] that goes until 2020." It is also not out of the question that Justice Morris may see a federal district judgeship as a good path to later joining the Ninth Circuit, although frequently state high court judges are appointed directly to a federal appellate court.
"Arizona's voter registration law heads for Supreme Court review":
Cronkite News has this report
"Obama's Judicial Payback: Republicans adopt filibuster tactics that Democrats pioneered." This editorial
appears today in The Wall Street Journal. You can freely access the full text of the editorial via Google News
And online today at The New Yorker, Jeffrey Toobin has a blog post titled "For Obama's Judges, It's Already Late."
"Constitution Check: Could the president legally order a drone strike inside the U.S.?"
Lyle Denniston has this post
today at the "Constitution Daily" blog of the National Constitution Center.
"Lawyers debate impact of 2nd Circuit off-label ruling":
Nate Raymond of Reuters has this report
"Defense attorney group wants U.S. Supreme Court to review Behenna case; Brief filed in Behenna case says U.S. Supreme Court should have final say after military appeals court decision against Edmond soldier in case of unpremeditated murder in combat zone":
Chris Casteel has this article
today in The Oklahoman.
"Top U.S. lawyer to high court focuses on antitrust, patent cases":
Lawrence Hurley of Reuters has this report
"State Supreme Court hears gay bias case":
Today's edition of The Albuquerque Journal contains a front page article
that begins, "Barely three sentences into his argument, the lawyer for a photo studio that refused to photograph a gay couple's commitment ceremony was assailed with questions from a skeptical New Mexico Supreme Court."
"Analysis: Death, taxes and Supreme Court's gay marriage case."
Kim Dixon of Reuters has this report