How Appealing

Monday, June 3, 2013

"Supreme Court Rules DNA Can Be Taken After Arrest": Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered."
Posted at 09:12 PM by Howard Bashman

"They're Coming for Your DNA: The Supreme Court just made it much easier for the government to collect genetic information." Emily Bazelon has this jurisprudence essay online at Slate.

At Bloomberg View, law professor Noah Feldman has an essay titled "Court's DNA Ruling Brings U.S. a Step Closer to 'Gattaca.'"

And at, Daniel Fisher has a blog post titled "Scalia Lashes Out At Majority For Allowing Arrestee DNA Swabs."
Posted at 07:50 PM by Howard Bashman

"Federal law prevails in employee life insurance dispute": The Washington Post has this report.
Posted at 07:34 PM by Howard Bashman

"Obama to Nominate 3 Candidates to Key Appeals Court": Michael D. Shear will have this article Tuesday in The New York Times.

Update: In other coverage, Lawrence Hurley and Mark Felsenthal of Reuters have an article headlined "Obama to nominate three to influential appeals court: White House."

John Gramlich of Roll Call reports that "Obama's D.C. Circuit Picks Likely to Prompt GOP Outcry."

At TPM DC, Sahil Kapur reports that "White House Names Three Nominees To D.C. Circuit Court."

And The Hill reports that "Obama to fill influential circuit court vacancies Tuesday, says official."
Posted at 07:28 PM by Howard Bashman

"Court Says Prison Can't Confiscate Erotic Werewolf Novel": Scott Graham of The Recorder has this article reporting on a decision that California's First District Court of Appeal, Division Two, issued last Friday.
Posted at 06:12 PM by Howard Bashman

"AP source: Obama nominating Millett, Pillard, Wilkins to federal appeals court in Washington." The Associated Press has issued this news alert.

Update: The AP has now issued a more detailed article headlined "AP source: Obama nominating 3 to US appeals court."

And in other coverage, at "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "Obama to Nominate Three Lawyers to D.C. Circuit."
Posted at 05:34 PM by Howard Bashman

"With trademark vigor, Justice Scalia dissents in DNA case": Joan Biskupic of Reuters has this news analysis.
Posted at 05:26 PM by Howard Bashman

"The Right to Evade Regulation: How corporations hijacked the First Amendment." Law professor Tim Wu has this essay online today at The New Republic.
Posted at 05:22 PM by Howard Bashman

"Justices Allow Police to Take DNA Samples After Arrests": 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 Maryland law, says police may take DNA samples from arrestees."

Jess Bravin of The Wall Street Journal has a news update headlined "Supreme Court: Police Can Take DNA Samples in Arrests."

Warren Richey of The Christian Science Monitor reports that "DNA swab of arrestee's cheek is a 'reasonable search,' Supreme Court finds; The ACLU says the Supreme Court ruling, which allows the DNA samples to be stored in a database for use in solving other crimes, creates a 'gaping new exception to the Fourth Amendment.'"

The Washington Times reports that "Supreme Court upholds police authority to take DNA samples; Ruling stems from 2003 Maryland case."

At, Josh Gerstein and Darren Samuelsohn have an article headlined "SCOTUS upholds DNA testing for felony arrestees."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: Solving 'cold cases' made easier."
Posted at 04:58 PM by Howard Bashman

"US Supreme Court orders 6 death row cases reviewed": The Associated Press has this report.
Posted at 04:17 PM by Howard Bashman

"The majority holds that a judge suffering from dementia may sentence a man to death. I disagree." So begins Circuit Judge William A. Fletcher's dissent from the ruling that a majority on a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today. This death penalty case is unusual in that it is the mental state of the sentencing judge, rather than the criminal defendant, that is at issue.

At her "Trial Insider" blog, Pamela A. MacLean has a post about the ruling titled "Death Sentence Reinstated in 1982 Triple Murder."
Posted at 03:33 PM by Howard Bashman

"Inflict" versus "cause" for purposes of federal criminal law: The U.S. Court of Appeals for the Sixth Circuit issued this interesting ruling today.
Posted at 11:52 AM by Howard Bashman

"Supreme Court Sends Smelly Washer Case Back For Another Look": Daniel Fisher has this blog post at
Posted at 11:27 AM by Howard Bashman

"As expected, feds ask full Sixth Circuit to review and reverse Blewett crack retroactivity ruling": Douglas A. Berman has this post today at his "Sentencing Law and Policy" blog.
Posted at 11:24 AM by Howard Bashman

"U.S. Supreme Court upholds post-arrest DNA collection; Ruling overturns Maryland's high court decision": The Baltimore Sun has this news update.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court allows police to take DNA from criminal suspects."

And Richard Wolf of USA Today reports that "Supreme Court OKs DNA swab in serious arrests; The case pitted the practical benefits of modern technology against the centuries-old right to privacy."
Posted at 11:11 AM by Howard Bashman

"To break D.C. logjam, Sen. Reid should revive the 'nuclear option'; The GOP is threatening to block Obama from filling three seats on a key appellate court in Washington; If it continues, Sen. Reid should revive the 'nuclear option' to halt judicial filibusters": This editorial appears today in The Los Angeles Times.
Posted at 10:25 AM by Howard Bashman

"Appeals Court Backs Coaches in Disclosure of Student's Sexual Orientation": Mark Walsh has this post today at the "School Law" blog of Education Week.
Posted at 10:24 AM by Howard Bashman

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

1. Justice Sonia Sotomayor delivered the opinion of the Court in Hillman v. Maretta, No. 11-1221. Justice Antonin Scalia did not join in a footnote of the majority opinion. And Justices Clarence Thomas and Samuel A. Alito, Jr. issued opinions concurring in the judgment. You can access the oral argument via this link.

2. And Justice Anthony M. Kennedy delivered the opinion of the Court in Maryland v. King, No. 12-207. Justice Scalia issued a dissenting opinion, in which Justices Ruth Bader Ginsburg, Sotomayor, and Elena Kagan joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Court: Police can take DNA swabs from arrestees" and "Court says ex-wife gets man's insurance money."

Greg Stohr of Bloomberg News reports that "Routine DNA Testing After Arrest Upheld by Top U.S. Court."

And Lawrence Hurley of Reuters reports that "Supreme Court says police can take DNA samples upon arrest."
Posted at 10:06 AM by Howard Bashman

Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court granted review in two new cases. The Court also issued a unanimous per curiam summary reversal of the U.S. Court of Appeals for the Ninth Circuit in Nevada v. Jackson, No.12-694.

In early news coverage, The Associated Press has reports headlined "Court: Can man protest outside military base?"; "Court rejects appeal from convicted Army officer"; and "High court reinstates rape conviction in Nevada."

Lawrence Hurley of Reuters reports that "Supreme Court agrees to hear military protester case"; "Justices agree to hear Lexmark false advertising case"; and "Justices strike down ruling against Sears over faulty washers."

Greg Stohr of Bloomberg News reports that "Sears Gets New Hearing in Bid to Stop Moldy-Washer Suit."

And at, Tal Kopan has a blog post titled "Justices reject polling place access case."
Posted at 09:35 AM by Howard Bashman

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