How Appealing

Monday, June 17, 2013

"G.O.P. Pushes New Abortion Limits to Appease Vocal Base": This article will appear in Tuesday's edition of The New York Times.
Posted at 10:30 PM by Howard Bashman

"Dispute over Obama's choices for D.C. court centers on need -- and politics": Kate Irby of McClatchy Washington Bureau has this report.

At TPM LiveWire, Sahil Kapur reports that "Senate Dems Schedule Hearing For D.C. Circuit Nominee Patricia Millett."

And today's edition of The Des Moines Register contains an editorial titled "Grassley's 'court-packing' analogy goes astray; An independent commission, not politics, should guide the distribution of federal appeals judges."
Posted at 09:24 PM by Howard Bashman

"At the Supreme Court, Divisions and Signs of Trouble to Come: Two new rules for criminal cases, and a discussion -- in code -- about Roe v. Wade." Andrew Cohen has this essay online at The Atlantic.
Posted at 09:18 PM by Howard Bashman

"FOIA suit reveals Guantanamo's 'indefinite detainees'": Carol Rosenberg of The Miami Herald has this report.
Posted at 09:15 PM by Howard Bashman

"Supreme Court limits judges' discretion on minimum sentences; Any fact that increases the mandatory minimum sentence for a crime must be determined by a jury, not a judge, the Supreme Court rules in an important Sixth Amendment case": Warren Richey of The Christian Science Monitor has this report.
Posted at 08:30 PM by Howard Bashman

"This Time, Scalia Doesn't Want to See Your Papers: The Supreme Court declares Arizona's voter registration law unconstitutional." Emily Bazelon has this jurisprudence essay online at Slate.

Online at The Daily Beast, law professor Richard L. Hasen -- author of the "Election Law Blog" -- has an essay titled "The Supreme Court Gives States New Weapons in the Voting Wars; What looks like a victory for the federal government may give states new powers to resist Washington's control over elections."

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Strikes Down Arizona Voting Law."
Posted at 08:15 PM by Howard Bashman

"Supreme Court Lets Regulators Sue Over Generic Drug Deals": Edward Wyatt will have this article Tuesday in The New York Times.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court rules for generic drugs, against 'pay for delay.'"

Richard Wolf of USA Today reports that "Supreme Court hits drug companies' profit-sharing deals; Justices rule that settlements of patent lawsuits are often anti-competitive under federal law, even though they could benefit consumers in some cases."

Brent Kendall and Jonathan D. Rockoff of The Wall Street Journal have a news update headlined "Setback for Pacts That Delay Sale of Generics." reports that "SCOTUS gives pay-for-delay case another day in court."

At "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: 'Pay to delay' in deep trouble."

Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a report titled "SCOTUS pay-for-delay ruling: New scrutiny for nonpharma patent deals?"

And this evening's broadcast of NPR's "All Things Considered" contained an audio segment titled "High Court Sides With Regulators In Drug Patent Case."
Posted at 07:50 PM by Howard Bashman

"Feds won't budge on public access to drone legal memos": Josh Gerstein of has this blog post.
Posted at 06:22 PM by Howard Bashman

"Arizona citizenship proof law: Supreme Court issues split ruling." Rebekah L. Sanders of The Arizona Republic has this news update.

Howard Fischer of The Arizona Daily Star has a news update headlined "Supreme Court: Arizona citizenship proof voting law illegal."

Adam Liptak of The New York Times has a news update headlined "Justices Block Law Requiring Voters to Prove Citizenship."

Robert Barnes of The Washington Post has a news update headlined "Supreme Court says states may not add citizenship proof for voter registration."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court blocks Arizona law on voter registration."

Richard Wolf of USA Today has an article headlined "Justices: Arizona voter registration rules go too far; Supreme Court ruling could block other states from imposing new restrictions on citizens seeking to register to vote."

Jess Bravin and Tamara Audi of The Wall Street Journal have a news update headlined "Supreme Court Strikes Down Arizona Voting Rules."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court rejects Arizona's proof-of-citizenship voting law."

Warren Richey of The Christian Science Monitor has an article headlined "Arizona can't ask voters for proof of citizenship, Supreme Court rules; By 7 to 2, the Supreme Court justices struck down Arizona's Proposition 200 as violating the National Voter Registration Act, which requires only a written declaration of US citizenship."

Josh Gerstein of reports that "SCOTUS rejects Arizona voter registration rule."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: One hand giveth . . . ."
Posted at 06:03 PM by Howard Bashman

"Top Court to hear Mount Holly discrimination suit": The Star-Ledger of Newark, New Jersey has this news update.
Posted at 05:44 PM by Howard Bashman

"Pa. Supreme Court upholds law requiring judges to retire at age 70": The Patriot-News of Harrisburg, Pennsylvania has this update.

Peter Hall of The Morning Call of Allentown, Pennsylvania has a news update headlined "Pa. Supreme Court upholds mandatory retirement for judges."

The Express-Times of Easton, Pennsylvania has a news update headlined "Pennsylvania judges can be ousted over age, state Supreme Court rules."

And The Associated Press reports that "Pa. high court upholds judge's retirement age."

Today's ruling of the Supreme Court of Pennsylvania consists of a unanimous opinion of the court and a concurring opinion.
Posted at 05:36 PM by Howard Bashman

Programming note: Due to a meeting with co-counsel in a case that is expected to be heading to appeal, additional posts will not appear here until this evening.
Posted at 12:20 PM by Howard Bashman

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

1. Justice Samuel A. Alito, Jr. announced the judgment of the Court in Salinas v. Texas, No. 12-246, and delivered an opinion in which Chief Justice John G. Roberts and Justice Anthony M. Kennedy joined. Justice Clarence Thomas issued an opinion concurring in the judgment, in which Justice Antonin Scalia joined. And Justice Stephen G. Breyer issued a dissenting opinion, in which Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan joined. You can access the oral argument via this link.

2. Justice Breyer delivered the opinion of the Court in FTC v. Actavis, Inc., No. 12-416. The Chief Justice issued a dissenting opinion, in which Justices Scalia and Thomas joined. Justice Alito did not participate in the decision. You can access the oral argument via this link.

3. Justice Thomas delivered the opinion of the Court in large measure in Alleyne v. United States, No. 11-9335. Justice Sotomayor issued a concurring opinion, in which Justices Ginsburg and Kagan joined. Justice Breyer issued an opinion concurring in part and concurring in the judgment. The Chief Justice issued a dissenting opinion, in which Justices Scalia and Kennedy joined. And Justice Alito issued a dissenting opinion. You can access the oral argument via this link.

4. Justice Kennedy delivered the opinion of the Court in Maracich v. Spears, No. 12-25. Justice Ginsburg issued a dissenting opinion, in which Justices Scalia, Sotomayor, and Kagan joined. You can access the oral argument via this link.

5. And Justice Scalia delivered the opinion of the Court in Arizona v. Inter Tribal Council of Ariz. Inc., No. 12-71. Justice Kennedy issued an opinion concurring in part and concurring in the judgment. And Justices Thomas and Alito each filed a dissenting opinion. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Court: 'pay to delay' generic drugs can be illegal"; "Court: Ariz. citizenship proof law illegal"; "Court says pre-Miranda silence can be used"; "Court says jury should have final say in minimums"; and "High court says driver records protected."

Greg Stohr of Bloomberg News reports that "Drugmakers Opened to 'Pay for Delay' Suits by High Court" and "Voter Proof-of-Citizenship Law Voided by Supreme Court."

And Reuters reports that "U.S. justices say FTC can challenge deals that keep generic drugs off market" and "Supreme Court invalidate Arizona voter registration law."
Posted at 10:05 AM by Howard Bashman

"ATT Hacker Weev Is Flashpoint for Website Crime Law": Dune Lawrence and David Voreacos of Bloomberg News have this report.
Posted at 09:52 AM by Howard Bashman

Access online today's Order List of the U.S. Supreme Court: The Court has posted the Order List at this link. The Court has granted review in four new cases.

In early news coverage, The Associated Press reports that "High court to hear NJ housing discrimination case"; "Court will review dispute between airline, pilot"; and "Court won't hear Seattle officer appeal."

Greg Stohr of Bloomberg News reports that "Racial Bias in Lending, Housing Gets Supreme Court Review."

And Lawrence Hurley of Reuters reports that "Justices agree to hear airline defamation case."
Posted at 09:34 AM by Howard Bashman

"Miss USA Erin Brady talks SCOTUS ruling to take crown": has this report.
Posted at 09:28 AM by Howard Bashman

"NLRB poster rule likely dead after second federal appeals court ruling": Amanda Becker of Reuters has this report.
Posted at 09:26 AM by Howard Bashman

"Plaintiff lawyers seek a new lifeline in medical device cases": Terry Baynes of Reuters has a report that begins, "Plaintiff lawyers are trying a new strategy to get around a 2008 Supreme Court ruling that protects many types of medical device makers from personal injury lawsuits."
Posted at 09:22 AM by Howard Bashman

"Prosecutor: Court ruling cuts vision for Guantanamo war crimes trials." Carol Rosenberg of The Miami Herald has this report.
Posted at 09:05 AM by Howard Bashman

"News Coverage Conveys Strong Momentum for Same-Sex Marriage": The Pew Research Center issued this report (PDF) today.

Update: The link to the report worked when originally posted but later stopped working. I have updated this post to supply a new, working link to the report.
Posted at 07:25 AM by Howard Bashman

"Why Justice Ginsburg should step down": Law professor Kent Greenfield has this op-ed today in The Boston Globe.
Posted at 07:18 AM by Howard Bashman

"Civil Rights Rules in Court's Sights as Term Nears Finale": Greg Stohr of Bloomberg News has this report.

And Mollie Reilly of The Huffington Post reports that "Supreme Court Rulings Loom On Affirmative Action, Gay Marriage, Voting Rights."
Posted at 07:10 AM by Howard Bashman

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