How Appealing

Monday, June 23, 2014

"Senate reaffirms decision to deny press pass to Scotusblog; Website dedicated to covering the US supreme court is denied press pass on conflict-of-interest grounds": The Guardian (UK) has this report.

And at Roll Call, Hannah Hess has a blog post titled "SCOTUSBlog Wants Senate Rules Committee to Interpret 'Editorial Independence.'"
Posted at 09:54 PM by Howard Bashman

In posts of interest from Eriq Gardner at the "Hollywood, Esq." blog of The Hollywood Reporter: A post titled "George Clinton Can't Prevent Sound Recordings From Being Sold; Record labels might also have reason to cheer an opinion delivered on Monday by a federal appeals court" reports on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

And a separate post today is titled "Hollywood Guilds Want Supreme Court to Hear Marvel Characters Dispute; The Screen Actors Guild, the Directors Guild of America and the Writers Guild of America are rallying behind efforts by the heirs of Jack Kirby to terminate rights to Spider-Man, The Fantastic Four and the Avengers."
Posted at 09:32 PM by Howard Bashman

"New Hurdle In Investors' Class Actions": Adam Liptak will have this article in Tuesday's edition of The New York Times. And at the newspaper's "DealBook" blog, Steven M. Davidoff has a post titled "Supreme Court Tinkering With Securities Class Actions."

Robert Barnes of The Washington Post has a news update headlined "Supreme Court rules in Halliburton securities fraud case."

Brent Kendall of The Wall Street Journal reports that "High Court Gives Companies More Room to Challenge Class Actions; Supreme Court Strikes Middle Ground on Securities Fraud Lawsuits in Case Involving Halliburton."

Richard Wolf of USA Today reports that "Justices side with investors in securities fraud case."

Greg Stohr of Bloomberg News reports that "Shareholder Class-Action Suits Curbed by U.S. High Court."

Lawrence Hurley and Jonathan Stempel of Reuters report that "U.S. top court adds limit to securities class actions."

Alison Frankel's "On the Case" from Thomson Reuters News & Insight is titled "SCOTUS Halliburton ruling could backfire for securities defendants."

At Bloomberg View, Matt Levine has an essay titled "There Will Always Be Stock-Drop Lawsuits."

And at, Daniel Fisher has a post titled "Supreme Court Leaves Fraud On Market Intact, Makes Life A Bit Harder For Securities Plaintiffs."
Posted at 07:45 PM by Howard Bashman

In the July 2014 issue of ABA Journal magazine: Joel Cohen has "An interview with Judge Richard A. Posner." Perhaps coincidentally, the July 2014 issue appears not to contain any new installment of Bryan A. Garner's "On Words" column.

Steven Seidenberg has an article headlined "Federal Circuit gets reined in over patent fees in infringement suits."

David L. Hudson Jr. has an article headlined "When should bloggers count as journalists in defamation suits?"

And Abby Seiff has the issue's cover story headlined "How countries are successfully using the law to get looted cultural treasures back."
Posted at 05:14 PM by Howard Bashman

In commentary from law professor Noah Feldman: Online at Bloomberg View, he has essays titled "Clean Air Versus Clean Law"; "Markets Are Efficient Enough for Justice Roberts"; and "Sticky-Fingered Missionary Clarifies Bank Fraud."
Posted at 05:06 PM by Howard Bashman

"Party like it's 1999 -- the denial of a press credential to SCOTUSblog": Eugene Volokh has this post at "The Volokh Conspiracy."
Posted at 04:28 PM by Howard Bashman

"Justices, With Limits, Let E.P.A. Curb Power-Plant Gases": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court: EPA can regulate greenhouse gas emissions, with some limits."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court upholds rules curbing greenhouse gases from power plants."

Brent Kendall of The Wall Street Journal has a news update headlined "Supreme Court Ruling Backs Most EPA Emission Controls; Justices Say EPA Can Require Pollution Controls but Limit Permitting Process."

Richard Wolf of USA Today reports that "Supreme Court limits greenhouse gas regulations."

Michael Doyle of McClatchy Washington Bureau has a blog post titled "Supreme Court limits EPA power to regulate greenhouse gas pollution."

The Washington Times has a news update headlined "Supreme Court hits Obama's global warming agenda."

Greg Stohr and Mark Drajem of Bloomberg News reports that "Obama Gets Partial Court Win on EPA's Climate Permits."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court cuts back climate change regulation."

Jeremy P. Jacobs of Greenwire reports that "Supreme Court trims EPA greenhouse gas permitting."

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Justices Limit EPA's Greenhouse-Gas Regulations."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: EPA mostly wins, but with criticism."
Posted at 01:40 PM by Howard Bashman

"Which Supreme Court Justices Vote Together Most and Least Often": The Upshot of The New York Times has this report today.
Posted at 01:28 PM by Howard Bashman

"Amtrak Rulemaking Clash Draws Scrutiny From Supreme Court": Greg Stohr of Bloomberg News has this report, along with articles headlined "Wisconsin Rebuffed by Court in Defense of Abortion Rules"; "Medtronic Rejected by Supreme Court on Paraplegic Suit"; and "New Jersey Sports Betting Bid Rejected by Supreme Court."

Lawrence Hurley of Reuters reports that "U.S. top court rejects Wisconsin abortion case" and "U.S. top court declines to revive New Jersey sports betting law."

The Milwaukee Journal Sentinel has a news update headlined "U.S. Supreme Court rejects Wisconsin appeal over abortion law."

The Newark Star-Ledger has a news update headlined "U.S. Supreme Court allows sports betting ban in NJ to remain."

Brent Kendall of The Wall Street Journal has a news update headlined "New Jersey's Bid for Sports Wagering Rejected by High Court; Supreme Court Says It Won't Hear Gov. Chris Christie's Attempt to Allow Betting on Sports."

Warren Richey of The Christian Science Monitor reports that "Supreme Court declines to hear plea for sports betting in N.J."

And The Record of Hackensack, New Jersey has a news update headlined "U.S. Supreme Court refuses to take up New Jersey challenge of federal sports betting law."
Posted at 01:18 PM by Howard Bashman

"The walls erected by traditional media": Today at "SCOTUSblog," Tom Goldstein has this post about today's decision denying that blog's appeal of its revocation of its congressional press credential.

And Andrew Beaujon of Poynter reports that "SCOTUSblog's appeal fails; can't get Senate press credential."
Posted at 01:14 PM by Howard Bashman

Second Circuit releases Office of Legal Counsel's "Drone Memo": The memo begins on page 67 of the PDF file of a ruling that the U.S. Court of Appeals for the Second Circuit issued today. The Second Circuit today also issued a second, related decision in the same case.

Update: In early news coverage, Charlie Savage of The New York Times has a news update headlined "Court Discloses Memo Approving Drone Strike on American; Justice Department Found It Lawful to Target Anwar al-Awlaki."

The Associated Press reports that "Drone killing memo released after NY court fight."

Reuters reports that "Court releases memo justifying drone attacks on U.S. citizens."

Josh Gerstein of has a blog post titled "Court makes drone legal memo public."

At "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "Justice Department Drones Memo Released."

Earlier, at the "Just Security" blog, Jameel Jaffer previewed the memo's release in a post titled "The Drone Memo Cometh."
Posted at 11:20 AM by Howard Bashman

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

1. Justice Elena Kagan delivered the opinion of the Court in Loughrin v. United States, No. 13-316. Justice Antonin Scalia delivered an opinion, in which Justice Clarence Thomas joined, concurring in part and concurring in the judgment. And Justice Samuel A. Alito, Jr. issued an opinion concurring in part and concurring in the judgment. You can access the oral argument via this link.

2. Justice Scalia delivered the opinion of the Court in part and announced the judgment of the Court in Utility Air Regulatory Group v. EPA, No. 12-1146. Justice Stephen G. Breyer issued an opinion concurring in part and dissenting in part, in which Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Kagan joined. And Justice Alito issued an opinion concurring in part and dissenting in part, in which Justice Thomas joined. You can access the oral argument via this link.

3. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317. Justice Ginsburg issued a concurring opinion, in which Justices Breyer and Sotomayor joined. And Justice Thomas issued an opinion concurring in the judgment, in which Justices Scalia and Alito joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Justices limit existing EPA global warming rules"; "Court raises bar for securities class action cases"; and "Justices uphold broad use of anti-bank fraud law."
Posted at 10:06 AM by Howard Bashman

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

In early news coverage, The Associated Press reports that "Supreme Court to hear Amtrak dispute"; "Justices reject Wisconsin appeal over abortion law"; and "Justices rebuff NJ's effort on sports betting."

And at "SCOTUSblog," Lyle Denniston has a post titled "Reviving an old constitutional idea?"
Posted at 09:34 AM by Howard Bashman

"We Just Don't Need Section 5 Anymore: The Voting Rights Act has plenty of other sections that we can use against discrimination." Roger Clegg has this essay today at National Review Online.
Posted at 08:22 AM by Howard Bashman

"The Hobby Lobby Decision Is Coming Soon -- and It Won't Just Affect Contraception": Taylor Malmsheimer has this essay online at The New Republic.
Posted at 08:20 AM by Howard Bashman

"U.S. Steps Up Probes of Deals to Block Generic Drugs": David McLaughlin of Bloomberg News has a report that begins, "U.S. regulators, armed with a year-old Supreme Court decision, are stepping up probes of pharmaceutical deals that delay the sale of generic drugs, arrangements they view as illegally hurting competition."
Posted at 08:19 AM by Howard Bashman

"Abortion battles may increase in Ohio": This front page article appears in today's edition of The Columbus Dispatch.
Posted at 08:17 AM by Howard Bashman

"Eight big cases await Supreme Court rulings": Richard Wolf of USA Today has this report.
Posted at 07:28 AM by Howard Bashman

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