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Wednesday, October 17, 2012 "The Single Word That Could Make or Break Obamacare: There's a simple question that could determine the success of the health care mandate -- but no one's asking the candidates." Online at The Atlantic, law professor Naomi Schoenbaum has an essay that begins, "Obamacare has been one of the yardsticks of Obama's term in office and one of the touchstones of the 2012 election. Last night's presidential debate was no exception, with health care reform mentioned at least half a dozen times. But an important piece of the discussion has been missing: is the health care law a tax or a penalty?" Posted at 11:11 PM by Howard Bashman "Reaping the Whirlwind": At the "Opinionator" blog of The New York Times, Linda Greenhouse has a post that begins, "On reading the transcript and listening to the audio of last week's Supreme Court argument in the University of Texas affirmative action case, my primary reaction was one of embarrassment -- for the court and also for Texas." Posted at 11:05 PM by Howard Bashman "Accused 9/11 architect wears hunting vest to Guantanamo court": Carol Rosenberg of The Miami Herald has a news update that begins, "The accused architect of the 9/11 attacks was allowed to wear a camouflaged vest to the war court Wednesday then, cloaked in the costume of a fellow combatant, lectured his Army judge on national security." In Thursday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Interrogation Testimony At Issue in Terror Hearing." Thursday's edition of The Los Angeles Times will contain an article headlined "Khalid Shaikh Mohammed lashes out at military court; At Guantanamo proceedings, the alleged Sept. 11 mastermind says Americans have killed 'millions' more than the nearly 3,000 who died in the 9/11 attacks." The Washington Post has a news update headlined "Khalid Sheik Mohammed accuses U.S. of justifying murder, torture in name of security." The Washington Times has a news update headlined "Accused 9/11 plotter rants at Guantanamo court." Warren Richey of The Christian Science Monitor has an article headlined "9/11 cases: Khalid Sheikh Mohammed speaks in court, lectures judge; The accused 9/11 mastermind had skipped pretrial hearings at Guantanamo, but he made a surprise showing Wednesday afternoon and addressed the court; Khalid Sheikh Mohammed had some counsel for the judge." Bloomberg News reports that "Mohammed Says U.S. Tortured in Name of National Security." Reuters has a report headlined "Alleged 9/11 mastermind: America killed more people than hijackers did." And The Associated Press reports that "Accused 9/11 plotter lectures military tribunal." Charlie Savage of The New York Times has posted the transcript of Khalid Sheikh Mohammed's remarks today at this link. "Supreme Court views not 'liberal or conservative'": The Associated Press has a report that begins, "The U.S. Supreme Court's top justice says people shouldn't think the high court makes decisions in terms of a liberal or conservative agenda." Posted at 06:14 PM by Howard Bashman "Appeals Court Backs School in Missouri Student-Speech Case": At the School Law" blog of Education Week, Mark Walsh has a post that begins, "A student web site containing racist and sexist content caused disruption at a Missouri high school and was likely not protected speech under the First Amendment, a federal appeals court has ruled." You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. "Many strict election laws blocked or delayed": Curt Anderson of The Associated Press has this report. Posted at 04:05 PM by Howard Bashman "Court weighs challenge to soot standards implementation": Lawrence Hurley of Greenwire has an article that begins, "Federal appeals court judges appeared skeptical today about U.S. EPA's argument that it is required under the Clean Air Act to use a less stringent implementation regime for fine particulates than it is for more coarse -- and less dangerous -- particles." Posted at 03:57 PM by Howard Bashman "Ecuador court deals Chevron fresh blow in pollution case": Reuters has this report. Posted at 03:54 PM by Howard Bashman Access live video online of today's event in Rice University's Centennial Lecture Series: "A Conversation With the Chief Justice." Details are available at this link. And you can access the live video via this link. The conversation with Chief Justice John G. Roberts, Jr. is scheduled to begin at 4 p.m. eastern time. "Robo-Calls Class Action Reinstated": Pamela A. MacLean has this post at her "Trial Insider" blog. You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "Vulture funds vs Mexico: It's on in $1 billion 5th Circuit appeal." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. Posted at 02:36 PM by Howard Bashman "Supreme Court halts turnover of secret IRA tapes": The Associated Press has this report. And at "SCOTUSblog," Lyle Denniston has a post titled "British subpoenas blocked." "Opponents make a mockery of courts: Vander Plaats group ignores 200 years of tradition." Today's edition of The Des Moines Register contains an editorial that begins, "Leaders of the campaign to unseat Iowa Supreme Court Justice David Wiggins have shifted their emphasis to a new argument: The 2009 decision striking down the state's marriage law was not only wrong but the court also went too far in ordering the state to issue marriage licenses to same-sex couples." Posted at 01:20 PM by Howard Bashman "Politics and the Courts": Today's edition of The New York Times contains an editorial that begins, "The winner of the presidential election will have scores of federal judgeships to fill and the chance to shape the courts -- even aside from potential Supreme Court vacancies should one or more of the current justices retire." Posted at 11:34 AM by Howard Bashman "Time, Pen and Paper, and Now the Ear of the Supreme Court": Adam Liptak has this new installment of his "Sidebar" column in today's edition of The New York Times. Posted at 11:30 AM by Howard Bashman "Court leaves in place Montana caps on campaign contributions": Reuters has a report that begins, "A federal appeals court on Tuesday ordered that a Montana law limiting campaign contributions to candidates for state office remain in effect at least through the general election in November." And Bloomberg News reports that "Montana Ruling on Unlimited Campaign Contributions Blocked." You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "Patent Trolls Be Gone: How to fix our broken system for stimulating invention." Seventh Circuit Judge Richard A. Posner has this essay online at Slate. The essay is the second in a new Slate series titled "View From Chicago," in which "Richard and Eric Posner take turns weighing in." "GOP DOMA defense closes in on $1.5 million": Carolyn Lochhead has this blog post online at The San Francisco Chronicle. Posted at 08:40 AM by Howard Bashman "Medical Marijuana Backers Ask Judges for Less Regulation": Tom Schoenberg of Bloomberg News has this report. In today's edition of The Los Angeles Times, David G. Savage reports that "Medical marijuana advocates seek reclassification of drug; Plaintiffs urge a U.S. appeals court to require the government to take into account marijuana's medical value and reclassify the drug." The San Francisco Chronicle reports today that "Pot backers advocate in federal court." David Ingram of Reuters reports that "U.S. marijuana supporters try out new court strategy." And The Associated Press reports that "Medical marijuana advocates want drug reclassified." "Supreme Court Justice Elena Kagan to speak Friday at UT; Will speak as first Rose lecturer": This article appears today in The Knoxville News Sentinel. Posted at 08:30 AM by Howard Bashman "Will Privacy Go to the Dogs?" In today's edition of The New York Times, law professor Jeffrey A. Meyer has an op-ed that begins, "This Halloween, the United States Supreme Court will devote its day to dogs." Posted at 08:27 AM by Howard Bashman "State Supreme Court to hear Shale law challenge today": The Pittsburgh Post-Gazette has this news update. Posted at 08:26 AM by Howard Bashman "Justice, Philadelphia style: Scalia gets two parking tickets." This article appears today in The Philadelphia Inquirer. And in related news, The Laramie Boomerang reports today that "UW books Supreme Court Justice visit." 
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