How Appealing

Tuesday, March 26, 2013

"Justices, Citing Ban on Unreasonable Searches, Limit Use of Drug-Sniffing Dogs": Adam Liptak will have this article Wednesday in The New York Times.

David Jackson and Richard Wolf of USA Today report that "High court rules against drug-sniffing dog search; The Supreme Court says owner's rights were violated by a drug-sniffing dog on the doorstep."

Warren Richey of The Christian Science Monitor reports that "Drug dogs need a warrant to sniff outside your door, Supreme Court rules; When police brought a trained drug dog to the outside of a Florida home to sniff for evidence, that violated the homeowner's Fourth Amendment rights, the Supreme Court justices said in a 5-to-4 decision."

And online at Slate, Emily Bazelon has a jurisprudence essay titled "Not Going to the Dogs: The Supreme Court says police canines can't sniff for drugs on your porch."
Posted at 10:54 PM by Howard Bashman

"Appeals court upholds prayers at city meetings": News Service of Florida has a report that begins, "A federal appeals court Tuesday upheld the constitutionality of prayers before meetings of the Lakeland City Commission, rejecting atheists' arguments that the practice promotes Christianity."

You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 10:26 PM by Howard Bashman

"Proposal 2 goes to U.S. Supreme Court": The Michigan Daily has this report. reports that "Supreme Court to consider Michigan's affirmative action ban a decade after landmark U-M case."

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court To Examine State Ban On Affirmative Action."
Posted at 10:15 PM by Howard Bashman

"Appeals court says Southern Calif. city council can open meetings with prayer": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 04:32 PM by Howard Bashman

"Pennsylvania Supreme Court rules Qu'eed Batts must be resentenced for Easton murder": The Express-Times of Easton, Pennsylvania has a news update that begins, "Qu'eed Batts, who was 14 when he fatally shot an Easton teen in the head in 2006, may still find himself in prison for the rest of his life despite a US Supreme Court decision last year that generally bars life sentences without parole for juveniles."

The Morning Call of Allentown, Pennsylvania has a news update headlined "Supreme Court: Juvenile killer to get new sentencing; Qu'eed Batts was convicted for a 2006 slaying in Easton; He was 14."

And The Patriot-News of Harrisburg, Pennsylvania has a news update headlined "Resentencing ordered for PA man who was 14 when he committed murder."

Today's ruling of the Supreme Court of Pennsylvania consists of the opinion of the court and a concurring opinion.
Posted at 04:23 PM by Howard Bashman

"Boeing Dreamliner Lawsuit Dismissal Upheld on Appeal": Bloomberg News has this report on a ruling that Circuit Judge Richard A. Posner issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

Update: In other coverage, Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a report headlined "Robbins Geller faces sanctions in Boeing witness controversy: Posner."
Posted at 04:03 PM by Howard Bashman

"Appeals court questions public interest scope in Apple secrecy hearing": Reuters has a report that begins, "A federal appeals court aggressively questioned the scope of the public interest and trade secrets at a hearing on Tuesday over document secrecy in Apple Inc's patent litigation against Samsung Electronics Co Ltd ."

Via the web site of the U.S. Court of Appeals for the Federal Circuit, you can access the audio of today's oral argument in two parts: part one (16.8 MB mp3 audio file) and part two (1.58 MB mp3 audio file).
Posted at 03:57 PM by Howard Bashman

"Whether this Court should replace the strict liability analysis of Section 402A of the Second Restatement with the analysis of the Third Restatement." By means of an order issued today, the Supreme Court of Pennsylvania has granted allowance of appeal to decide that issue.
Posted at 03:50 PM by Howard Bashman

"Donations to Judicial Campaigns Spur Ethics Worries": The Texas Tribune has this report today.
Posted at 03:10 PM by Howard Bashman

"U.S. appeals court declines to rehear Argentina bond case": Nate Raymond of Reuters has this report.

Update: In other coverage, Bloomberg News reports that "Argentina Loses Bid for Full-Court Rehearing on Bonds."
Posted at 02:37 PM by Howard Bashman

"In Miami case, U.S. Supreme Court limits use of drug-sniffing police dogs outside homes": The Miami Herald has this news update.

And at's "Threat Level" blog, David Kravets has a post titled "Divided Supreme Court Hinders Cops' Use of Drug-Sniffing Dogs."
Posted at 02:30 PM by Howard Bashman

"Indiana Supreme Court upholds school vouchers": The Indianapolis Star has this news update.

The Associated Press reports that "Ind. court upholds broadest school voucher program."

And Reuters reports that "Indiana court upholds largest U.S. school voucher program."

You can access today's ruling of the Supreme Court of Indiana at this link.
Posted at 02:16 PM by Howard Bashman

"Supreme Court, enigmatic as ever, weighs gay marriage ban": Michael Doyle of McClatchy Newspapers has this report.

Robert Barnes and Carol Morello of The Washington Post have a news update headlined "Supreme Court justices conflicted on gay marriage case."

David G. Savage and Noam N. Levey of The Los Angeles Times have a news update headlined "Supreme Court appears split on Prop. 8, broad gay marriage ruling."

Howard Mintz of The San Jose Mercury News has an update headlined "Proposition 8: U.S. Supreme Court divided about upholding California's gay marriage ban."

At "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "Justices seem ready to take it slow on marriage issue." reports that "Supreme Court justices wary of sweeping vote on gay marriage."

Mike Sacks and Ryan J. Reilly of The Huffington Post reports that "Supreme Court Proposition 8 Case Arguments Cast Doubt On Gay Marriage Ban."

And Sahil Kapur of TPM DC has reports headlined "Supreme Court Sharply Divided On Whether States May Ban Gay Marriage" and "Justices Flirt With Throwing Out Prop 8 Gay Marriage Case."
Posted at 02:10 PM by Howard Bashman

"This is one of those separated-for-40-years love stories": The seventh item in this past Sunday's "Alaska Ear" column in The Anchorage Daily News reports on the upcoming marriage of Seventh Circuit Chief Judge Frank H. Easterbrook.

Chief Judge Easterbrook appeared on this past weekend's broadcast of C-SPAN2's "Book TV" to discuss Robert H. Bork's posthumously published book, "Saving Justice: Watergate, the Saturday Night Massacre, and Other Adventures of a Solicitor General." You can view the video of that program via this link.
Posted at 02:05 PM by Howard Bashman

The contents of the March 2013 issue of Stanford Law Review are now available online: You can access the contents via this link.

The issue includes a Note by Manuel Possolo titled "Morals Legislation After Lawrence: Can States Criminalize the Sale of Sexual Devices?"
Posted at 01:58 PM by Howard Bashman

"Argument recap: On marriage, Kennedy in control." Lyle Denniston has this post at "SCOTUSblog."
Posted at 01:15 PM by Howard Bashman

Access online the audio from today's U.S. Supreme Court oral argument in Hollingsworth v. Perry, No. 12-144: The Court has posted the audio at this link. And you can access the transcript by clicking here.
Posted at 01:04 PM by Howard Bashman

"North Dakota governor approves 6-week abortion ban": The Associated Press has this report.

Update: In other coverage, The New York Times reports that "North Dakota Governor Signs Strict Abortion Limits."

And Bloomberg News reports that "North Dakota Governor Signs Earliest U.S. Abortion Limit."
Posted at 12:24 PM by Howard Bashman

"Supreme Court raises doubts on California marriage case": Lawrence Hurley and David Ingram of Reuters have this report.

At "The BLT: The Blog of Legal Times," Tony Mauro has a dispatch titled "Justices grapple with California same-sex marriage ban."

And at "SCOTUSblog," Tom Goldstein has a post titled "The Proposition 8 oral argument."
Posted at 12:21 PM by Howard Bashman

"Justices hear arguments on Calif. Gay marriage ban": Mark Sherman of The Associated Press has this report. The AP also reports that "Court grounds packed on first day of marriage case."

Adam Liptak of The New York Times has a news update headlined "In Landmark Case, Justices Debate Gay Marriage."

Richard Wolf and Kevin Johnson of USA Today have a news update headlined "Supreme Court justices question gay marriage bans."

And Reuters reports that "Supreme Court justices raise doubts on California marriage case."
Posted at 11:40 AM by Howard Bashman

"Supreme Court On Gay Marriage: 'Sure, Who Cares.'" The Onion has this report today.
Posted at 11:35 AM by Howard Bashman

"SC court upholds school's decision to ban Confederate clothing in class": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
Posted at 11:18 AM by Howard Bashman

"How Opinion on Same-Sex Marriage Is Changing, and What It Means": Nate Silver has this post today at the "FiveThirtyEight" blog of The New York Times.
Posted at 11:07 AM by Howard Bashman

"Justice Kennedy Questions California Ban on Same-Sex Marriage": Laurie Asseo and Greg Stohr of Bloomberg News have this report.

And Lawrence Hurley of Reuters reports that "Supreme Court begins gay marriage case arguments."
Posted at 11:02 AM by Howard Bashman

Access online today's ruling in an argued case of the U.S. Supreme Court: The Court today issued only one ruling in an argued case.

Justice Antonin Scalia delivered the opinion of the Court in Florida v. Jardines, No. 11-564. Justice Elena Kagan issued a concurring opinion, in which Justices Ruth Bader Ginsburg and Sonia Sotomayor joined. Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. and Justices Anthony M. Kennedy and Stephen G. Breyer joined. You can access the oral argument via this link.

in early news coverage, The Associated Press has a report headlined "Court: Drug dog sniff is unconstitutional search."

Update: In other coverage, Greg Stohr of Bloomberg News reports that "Police Need Warrants for Dogs Sniffing Homes, High Court Says."

And Jonathan Stempel of Reuters reports that "Supreme Court limits police use of drug-sniffing dogs."
Posted at 10:05 AM by Howard Bashman

"Abortion Opponents Gear Up For More Battles": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:02 AM by Howard Bashman

"Justices to Hear California Case on Same-Sex Marriage Ban Today": Adam Liptak of The New York Times has this news update.

In today's edition of The Washington Post, Robert Barnes has an article headlined "A historic moment as same-sex marriage arrives before Supreme Court."

David G. Savage of The Los Angeles Times reports that "Supreme Court to hear arguments on Prop. 8 gay marriage ban."

Josh Gerstein of has a report headlined "Can gay marriage survive SCOTUS loss?"

Mark Sherman of The Associated Press reports that "Calif. gay marriage argument at high court Tuesday."

Bloomberg News reports that "Senators Shift to Gay-Marriage Support Before Court Case."

Bill Mears of has an article headlined "Same-sex marriage: A potential Supreme Court blockbuster."

ABC News reports that "Supreme Court Hears Landmark Gay-Marriage Case."

From NPR, on today's broadcast of "Morning Edition," Nina Totenberg had an audio segment titled "In First Of 2 Gay-Marriage Cases, Court Turns To Proposition 8." And yesterday evening's broadcast of "All Things Considered" contained an audio segment titled "Dozens Battle Cold Outside Supreme Court For Chance To Hear Same-Sex Marriage Cases."

And online at The New Republic, law professor David Fontana has an essay titled "Why a Sweeping Gay Marriage Ruling Probably Won't Trigger a Backlash."
Posted at 09:00 AM by Howard Bashman

"Italian court orders new trial for Amanda Knox": The Associated Press has a report that begins, "Italy's highest criminal court on Tuesday overturned Amanda Knox's acquittal in the slaying of her British roommate and ordered a new trial, prolonging a case that has become a cause celebre in the United States."

And Bloomberg News reports that "Italy's Court Orders Retrial for Amanda Knox in Murder Case."
Posted at 08:42 AM by Howard Bashman

"Orie Melvin resigns; governor has chance to appoint new justice; Convicted justice to depart May 1": This article appears today in The Pittsburgh Post-Gazette.

The Pittsburgh Tribune-Review reports today that "Suspended state Justice Joan Orie Melvin to resign." Also, yesterday's edition of that newspaper contained an editorial titled "'Merit selection' for Pa. appellate judges? No, thank you."

The Philadelphia Inquirer contains an article headlined "With Melvin's resignation, what now for the Pa. high court? And when?"

The Patriot-News of Harrisburg, Pennsylvania contains an article headlined "Gov. Tom Corbett calls Melvin's decision to resign 'correct.'"

The Scranton Times Tribune reports that "Corbett to nominate interim justice."

And The Associated Press reports that "Corbett or court could pick Joan Orie Melvin's successor, Chief Justice Ronald Castille says."
Posted at 08:36 AM by Howard Bashman

"Goodbye, Tony Lewis: Thank you for making the law alive." Emily Bazelon has this jurisprudence essay online at Slate.

Online at The New Yorker, Hendrik Hertzberg has a blog post titled "The Tenth Justice (Anthony Lewis, R.I.P.)."

And yesterday's broadcast of NPR's "All Things Considered" contained an audio segment titled "Journalist Anthony Lewis Credited With Reinventing Supreme Court Reporting."
Posted at 08:22 AM by Howard Bashman

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