How Appealing

Thursday, May 26, 2011

Fifth Circuit withdraws decision holding that the Americans with Disabilities Act does not validly abrogate state sovereign immunity with regard to the claims of disabled inmates who were denied access to prison educational and work programs: The Fifth Circuit's original ruling in the case, which issued in October 2010, can be accessed here. And my earlier coverage of that ruling can be accessed here.

Today, however, the Fifth Circuit issued this revised three-judge panel ruling that avoids any holding on the issue of whether the ADA validly abrogated state sovereign immunity under the circumstances presented.
Posted at 10:28 PM by Howard Bashman



"Not Getting Any Younger: President Obama's penchant for older judges scuttled Goodwin Liu." Law professor Micah Schwartzman has this jurisprudence essay online at Slate.
Posted at 08:27 PM by Howard Bashman


"Supreme Court upholds Arizona employer sanctions law": The Arizona Republic has this news update.
Posted at 05:32 PM by Howard Bashman


"Justices Uphold Law Penalizing Hiring of Illegal Immigrants": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court upholds Ariz. law punishing companies that hire illegal immigrants."

Joan Biskupic of USA Today has a news update headlined "Supreme Court sustains Ariz. employer sanctions law."

The Wall Street Journal has a news update headlined "Supreme Court Upholds Arizona Immigrant Law."

And at "SCOTUSblog," Lyle Denniston has a post titled "Shared role on aliens' jobs."
Posted at 02:44 PM by Howard Bashman



"U.S. Supreme Court Dismisses School Questioning Case": Mark Walsh has this post at the "School Law" blog of Education Week.
Posted at 02:38 PM by Howard Bashman


"'Business death penalty' for hiring illegal workers is upheld by Supreme Court; The 5-3 decision gives states more authority to act against illegal immigrants; Justices rule that states can take away the business licenses of companies that knowingly hire illegal immigrants": David G. Savage of The Los Angeles Times has this news update.

Michael Doyle of McClatchy Newspapers reports that "Supreme Court upholds Arizona law punishing illegal immigrant hiring."

James Vicini of Reuters reports that "Court backs Arizona business immigration law."

And Bill Mears of CNN.com reports that "Supreme Court backs Arizona immigration law that punishes businesses."
Posted at 11:48 AM by Howard Bashman



"Dane County judge strikes down collective bargaining law": The Milwaukee Journal Sentinel has a news update that begins, "A Dane County judge has struck down Gov. Scott Walker's legislation repealing most collective bargaining for public employees." You can access the ruling at this link.
Posted at 10:55 AM by Howard Bashman


Access online today's rulings of the U.S. Supreme Court in argued cases: The Court today issued four rulings in argued cases.

1. Justice Elena Kagan delivered the opinion of the Court in Camreta v. Greene, No. 09-1454. Justice Antonin Scalia filed a concurring opinion. Justice Sonia Sotomayor issued an opinion concurring in the judgment, in which Justice Stephen G. Breyer joined. And Justice Anthony M. Kennedy issued a dissenting opinion, in which Justice Clarence Thomas joined. You can access the oral argument via this link.

2. Justice Breyer delivered the opinion of the Court in United States v. Tinklenberg, No. 09-1498. Justice Scalia issued an opinion concurring in part and concurring in the judgment, in which the Chief Justice and Justice Thomas joined. Justice Kagan did not take part in the ruling. You can access the oral argument via this link.

3. Justice Breyer delivered the opinion of the Court in Fowler v. United States, No. 10-5443. Justice Scalia issued an opinion concurring in the judgment. And Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined. You can access the oral argument via this link.

4. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Chamber of Commerce of United States v. Whiting, No. 09-115. Justice Breyer issued a dissenting opinion, in which Justice Ginsburg joined. Justice Sonia Sotomayor also issued a dissenting opinion. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "High court sustains Ariz. employer sanctions law"; "Court overturns conviction in killing of officer"; and "Court: Pre-trial motions don't count in deadline."
Posted at 10:02 AM by Howard Bashman



"Judges named to hear challenge to health care law": Bill Rankin has this article today in The Atlanta Journal-Constitution.

And at "SCOTUSblog," Lyle Denniston has a post titled "Health care judge: A foe in the family; The judge who will preside over one of the major appeals on the new federal health care law has a foe of that law in the family -- a newly elected congresswoman from Alabama."
Posted at 08:30 AM by Howard Bashman



"Judge finds Jared Loughner incompetent to stand trial": This article appears today in The Arizona Republic.

Today's edition of The Arizona Star contains articles headlined "Accused shooter has outburst in court" and "About 30 Jan. 8 witnesses, survivors, relatives at hearing."

The New York Times reports that "Suspect in Shooting of Giffords Ruled Unfit for Trial."

The Washington Post reports that "Jared Lee Loughner ruled unfit for trial in Tucson rampage."

The Los Angeles Times reports that "Jared Loughner mentally unfit for trial, judge rules; The suspect in Rep. Gabrielle Giffords' shooting in Tucson is sent back to a federal prison hospital for treatment and further evaluation; He could spend the rest of his life in federal mental health facilities."

The Wall Street Journal reports that "Loughner Found Unfit for Trial."

And The Christian Science Monitor reports that "Jared Loughner erupts in court before Judge declares him unfit to stand trial; A federal judge declared Jared Loughner not competent after reviewing 95 pages of reports and 18 hours of interviews; Loughner is accused of shooting 19 people in a January shooting spree."
Posted at 08:16 AM by Howard Bashman



"Blocked by GOP, Liu gives up on federal judgeship": Bob Egelko has this article today in The San Francisco Chronicle.

In today's edition of The Los Angeles Times, James Oliphant reports that "Obama court nominee Goodwin Liu withdraws after filibuster; UC Berkeley law professor Goodwin Liu's decision is a victory for Senate Republicans; The GOP said Liu would bring an expansive view of rights to an already liberal-leaning 9th Circuit Court of Appeals."

The Washington Times reports that "Liu calls it quits in quest for judgeship."

And in Tuesday's edition of The Chicago Tribune, law professor Geoffrey R. Stone had an op-ed entitled "Judicial filibusters: Partisanship run amok."
Posted at 08:10 AM by Howard Bashman



"Feds' final pitch to add time to Fumo's sentence": This article appears today in The Philadelphia Daily News.
Posted at 08:02 AM by Howard Bashman


"Ending California prison overcrowding will be tall order": Howard Mintz has this article today in The San Jose Mercury News.
Posted at 08:00 AM by Howard Bashman


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