How Appealing

Monday, August 31, 2009

Programming note: On Tuesday, my son and I will embark on a baseball-related road trip that will take us from the Philadelphia area to Cleveland and back over the next seven days.

Our first stop, on Tuesday, will be Williamsport, Pennsylvania, where on Tuesday night we will watch the Williamsport Crosscutters (the class A short-season affiliate of the Philadelphia Phillies) host the Mahoning Valley Scrappers (the class A short-season affiliate of the Cleveland Indians) in New York-Penn League action.

On Wednesday, we will travel to Altoona, Pennsylvania, where on Wednesday night we will watch the Altoona Curve (the class AA affiliate of the Pittsburgh Pirates) host the Akron Aeros (the AA affiliate of the Cleveland Indians) in Eastern League action.

On Thursday, we will travel to Niles, Ohio, where on Thursday night we will watch the Mahoning Valley Scrappers host the Jamestown Jammers (the class A short-season affiliate of the Florida Marlins) in New York-Penn League action. The logos of these two teams (see here and here) are alone worth the $3-per-ticket price of admission.

On Friday, we will travel to Akron, Ohio, where on Friday night we will watch the Akron Aeros host the Erie SeaWolves (the AA affiliate of the Detroit Tigers) in Eastern League action.

On Saturday, it's on to Cleveland, where we will see the Cleveland Indians host the Minnesota Twins.

On Sunday, we head to Pittsburgh to watch the Pittsburgh Pirates host the St. Louis Cardinals.

And on our way home from Pittsburgh on Monday, we'll stop at Gettysburg, Pennsylvania to visit the Gettysburg National Military Park.

Appellate law-related blogging and occasional baseball-related posts will continue to appear here during the days ahead while I'm on the road.
Posted at 11:33 PM by Howard Bashman



"Appeals court explains sports betting ruling": The News Journal of Wilmington, Delaware has this update.

And Tuesday in The Legal Intelligencer, Shannon P. Duffy will have an article headlined "3rd Circuit Explains Why It Sacked Delaware Sports Lottery."

My earlier coverage of today's Third Circuit ruling appears at this link.
Posted at 11:08 PM by Howard Bashman



"Montana Court to Weigh In on Assisted Suicide Case": This article will appear Tuesday in The New York Times.
Posted at 09:05 PM by Howard Bashman


"Fewer Newspapers Fight to Open Court Proceedings": Adam Liptak will have this new installment of his "Sidebar" column in tomorrow's edition of The New York Times.
Posted at 09:04 PM by Howard Bashman


"Major cigarette makers sue over new tobacco law": The Associated Press has a report that begins, "Two of the three largest U.S. tobacco companies filed suit against federal authorities Monday, claiming a law that gives the U.S. Food and Drug Administration new authority over tobacco violates their right to free speech."
Posted at 04:53 PM by Howard Bashman


"We must decide whether California law allows a celebrity to sue a greeting card company for using her image and catchphrase in a birthday card without her permission." So begins today's ruling of the U.S. Court of Appeals for the Ninth Circuit in the case captioned Paris Hilton v. Hallmark Cards.

Update: The Associated Press reports that "Court sides with Paris Hilton in Hallmark fight."

And Reuters has a report headlined "Court: Paris Hilton can pursue Hallmark lawsuit."
Posted at 03:08 PM by Howard Bashman



"Court limits Delaware betting plan to NFL parlays": The Associated Press has a report that begins, "A federal appeals court on Monday dealt another body blow to Delaware's plans for a new sports betting lottery, saying it must be limited to parlay bets on professional football games."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 02:50 PM by Howard Bashman



"Trial by Fire: Did Texas execute an innocent man?" David Grann has this article in the September 7, 2009 issue of The New Yorker.
Posted at 10:32 AM by Howard Bashman


Sunday, August 30, 2009

"Caperton v. Massey returns to W.Va. Supreme Court": Yesterday's edition of The Charleston (W. Va.) Gazette contained this article.
Posted at 04:58 PM by Howard Bashman


"Grand juror not happy Medina case dismissed; Says jury should have heard about the fire at home of justice and his wife, who could have been indicted": This article appears today in The Houston Chronicle.

And yesterday's newspaper contained an article headlined "DA drops fire charges against justice's wife."
Posted at 04:57 PM by Howard Bashman



In the Summer 2009 issue of The Green Bag: In articles about the October Term 2008 of the U.S. Supreme Court, Erwin Chemerinsky has an article headlined "Moving to the Right, Perhaps Sharply to the Right," while John P. Elwood has an article headlined "What Were They Thinking: The Supreme Court in Revue, October Term 2008."
Posted at 03:18 PM by Howard Bashman


"Tracking new cases: Suing gun makers." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 10:54 AM by Howard Bashman


"Nebraska doctor takes up Tiller's mission to keep late-term abortions available": The Kansas City Star contains this article today.

Today's edition of The Omaha World-Herald contains articles headlined "Abortions laws takes effect today" and "Abortion protest in Bellevue."

And The Associated Press reports that "Abortion fight shifts to Neb. after Tiller death" and "Justifiable homicide defense eyed in Roeder's case."
Posted at 10:50 AM by Howard Bashman



"Case is a serious challenge to Florida's gay-adoption ban; An adoption case that is now before an appellate court case presents a significant challenge to Florida's law against gays": This article appears today in The Miami Herald.

And law.com reports that "In Fla. Adoption Case, State Argues Gays Prone to Mental Illness, Breakups."
Posted at 10:35 AM by Howard Bashman



"Supreme Court to Revisit 'Hillary' Documentary": Adam Liptak has this front page article today in The New York Times.
Posted at 09:33 AM by Howard Bashman


Saturday, August 29, 2009

"Justice Sotomayor, Justice Scalia and Our Six Catholic Justices": Law professor Geoffrey R. Stone has this blog post at "The Huffington Post."
Posted at 11:50 PM by Howard Bashman


"Comcast Wins Appeal Of FCC Ownership Cap; Largest Provider Can Grow Even Bigger": This article appears today in The Washington Post.

The Philadelphia Inquirer reports today that "U.S. court gives Comcast greater expansion rights."

And The Associated Press reports that "Court rejects cap on cable market share - again."

You can access yesterday's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 09:20 PM by Howard Bashman



"U.S. appeals court: Return MLB players' drug-test records; Panel says data from confidential tests of baseball players was improperly seized." Maura Dolan and Lance Pugmire had this article Thursday in The Los Angeles Times.

In Thursday's edition of The San Jose Mercury News, Howard Mintz had an article headlined "Appeals court bars feds from using pro baseball players' steroids test results."

Thursday's edition of The San Francisco Chronicle reported that "Feds improperly seized players' steroid records."

Thursday's edition of The New York Times reported that "Court Rules U.S. Seized 2003 Tests Improperly."

And The Associated Press had articles headlined "Court: Investigators wrong to seize MLB drug list" and "Court ruling small consolation for exposed players," along with a column entitled "Hard to feel bad for outed players from 'The List.'"

You can access Wednesday's ruling of an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

My coverage of the original three-judge panel's ruling, which issued in December 2006, can be accessed here and here.

In other coverage of this week's ruling, at Wired.com's "Threat Level" blog, David Kravets has a post titled "Court's Steroid Ruling Pumps Up Computer Privacy."

At "The Volokh Conspiracy," law professor Orin Kerr has a series of posts largely critical of the en banc ruling.

And WSJ.com's "Law Blog" has a post titled "Beyond A-Rod and ManRam: Plain Talk on the 'Plain View Doctrine.'"
Posted at 09:08 PM by Howard Bashman



"FBI loses appeal of $101.7m verdict; Circuit court cites 'trauma' to 4 sent to prison": Yesterday's edition of The Boston Globe contained an article that begins, "A federal appeals court upheld yesterday a landmark verdict for four men framed by the FBI in a gangland slaying, although the appellate judges said the $101.7 million damage judgment awarded by a lower court was 'at the outer edge of the universe of permissible awards.''"

And The Associated Press reports that "Mass. court OKs $102M wrongful-conviction award."

You can access Thursday's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 08:32 PM by Howard Bashman



"Board turns down judge pension claim": Yesterday's edition of The Boston Herald contained an article that begins, "Members of the state retirement board denied former Superior Court Judge Ernest Murphy's disability pension request yesterday that would have granted the former judge 75 percent of his salary. Treasurer Tim Cahill, who recommended the board vote down Murphy's request, thanked board members for 'taking a stand' against the pension. Murphy claimed he was suffering from post-traumatic stress following a series of Herald stories in 2002."
Posted at 08:25 PM by Howard Bashman


"Mass. Case May Be Key in Taking Gay Marriage Fight to Supreme Court": Marcia Coyle will have this article in the August 31, 2009 issue of The National Law Journal.
Posted at 08:22 PM by Howard Bashman


"'Important Questions of Federal Law': Assessing the Supreme Court's Case Selection Process." The Yale Law School Supreme Court Advocacy Clinic and the Yale Law Journal Online will host this half-day conference on the morning of September 18, 2009 at the National Press Club in Washington, DC.

There is no charge to attend the conference, but because space is limited pre-registration -- which can be accomplished online via this link -- is required.

After the conference has occurred, podcasts of conference sessions and downloadable papers from the panelists will be available via this link.

Thanks to Linda Greenhouse for informing me about this event.
Posted at 08:12 PM by Howard Bashman



Tuesday, August 25, 2009

Pa. Superior Court issues ruling in Confrontation Clause case that I argued in March 2009: As noted in two earlier posts (see here and here), in March 2009 I argued an appeal to a three-judge panel of the Superior Court of Pennsylvania in which the main question presented on appeal involved whether the defendant's rights under the Confrontation Clause were violated by the trial court's admission into evidence at a jury trial of the videotaped testimony of a child who provided incriminating testimony against the defendant on direct examination but who then refused to or was unable to complete her direct examination and thus was entirely unavailable for cross-examination.

I previously linked to the Brief for Appellant and Reply Brief for Appellant that I filed in the appeal.

Yesterday, the appellate court issued this unanimous decision holding that the defendant's Confrontation Clause rights were violated and that the defendant is entitled to a new trial on all of the charges on which he had been convicted.

And now, because it is quite the beach day today in Margate City, New Jersey, I must return to my regularly scheduled summer vacation.
Posted at 10:30 AM by Howard Bashman



Saturday, August 22, 2009

Programming note: As has happened the final week of August almost every year since this blog began in May 2002, I'll be spending next week downashore. New posts will next appear here on Saturday, August 29th. Between now and then, readers are invited to let me know via email of news, court rulings, and other developments that might be worthy of mention upon my return.

As for attending baseball games in the near future, on the night of Monday, August 24th, my son and I will watch the Lakewood BlueClaws host the Lake County Captains.* Then, on the night of Sunday, August 30th, we'll watch the Philadelphia Phillies host the Atlanta Braves. Meanwhile, last night we were at Waterfront Park in Trenton, New Jersey as "Thunder toss 10-inning one-hitter; Bush, four relievers combine on Trenton's 15th shutout."

----------
*The Lakewood BlueClaws game of Sunday, August 23, 2009 was cancelled due to rain. As a result, the tickets we have for Monday, August 24th will now allow us to attend a doubleheader consisting of two seven-inning games. Even better, the rehab appearance by Phillies pitcher Brett Myers, which was to have occurred on Sunday, will now occur in game one of Monday's doubleheader, allowing us to see Brett pitch as he works to rejoin the Phils following hip surgery earlier this year to repair a torn labrum. The official game notes in advance of Monday's doubleheader can be accessed here.
Posted at 11:22 PM by Howard Bashman



"In 'Hillary: The Movie' case, Supreme Court considers major shift in election law; Supreme Court precedent on corporate spending limits may be overturned; The conservative majority has opposed campaign spending laws in narrower cases, citing free speech": David G. Savage will have this article Sunday in The Los Angeles Times.
Posted at 11:04 PM by Howard Bashman


"The government versus Hal Turner: As vile as his rhetoric is, the right-wing extremist's odious online views deserve 1st Amendment protections." Today's edition of The Los Angeles Times contains an editorial that begins, "In bringing criminal charges against an Internet radio host and blogger who wrote that three judges 'deserve to be killed' for their ruling in a 2nd Amendment case, the U.S. Justice Department isn't risking much public criticism."
Posted at 11:02 PM by Howard Bashman


"Appeals Court Orders Church-Run Post Office To Remove Religious Materials": This article appeared Friday in The Hartford Courant.

And The Associated Press has a report headlined "Court: Religious items OK in Conn. postal facility."

My earlier coverage of Thursday's Second Circuit ruling appears at this link.
Posted at 12:10 AM by Howard Bashman



"Feds Urge Dismissal of High-Profile Spy Case": At Wired.com's "Threat Level" blog, David Kravets has a post that begins, "The Obama administration is urging a federal judge to dismiss a lawsuit weighing whether a sitting U.S. president may lawfully create a spying program to eavesdrop on Americans' electronic communications without warrants or congressional authorization."

And at Politico.com, Josh Gerstein has a post titled "Obama DOJ punts on warrantless taps' legality" at his "Under the Radar" blog.
Posted at 12:05 AM by Howard Bashman



Friday, August 21, 2009

"Second Amendment cases up early": At "SCOTUSblog," Lyle Denniston has a post that begins, "The Supreme Court will consider two new cases on the scope of individuals' Second Amendment right to have guns at its first Conference for the new Term, on Sept. 29, according to the Court's electronic docket."
Posted at 11:50 PM by Howard Bashman


"Newly Released Documents Show Rehnquist's Private Side": Tony Mauro will have this article in next Monday's edition of The National Law Journal.

And today at "The BLT: The Blog of Legal Times," Tony has posts titled "Rehnquist Papers: The Monthly Poker Game" and "Rehnquist Papers: The Chief and Judge Hall."
Posted at 11:44 PM by Howard Bashman



Thursday, August 20, 2009

"When the bedroom leads to the courtroom: Despite U.S. Supreme Court decisions, lower courts still use the 'morality of the majority' to criminalize consenting sexual acts." Law professor J. Kelly Strader had this op-ed yesterday in The Los Angeles Times.
Posted at 06:02 PM by Howard Bashman


"Planned Parenthood's CEO 'thrilled' by ruling": The Argus Leader of Sioux Falls, South Dakota has a news update that begins, "Planned Parenthood's CEO said she 'couldn't be happier' with today's rulings on South Dakota's informed consent for abortion law."

And The Associated Press has a report headlined "Judge: SD doctors must say abortion ends life."

I have posted online today's summary judgment opinion and order of the U.S. District Court for the District of South Dakota.
Posted at 05:52 PM by Howard Bashman



"Judge Betty's Revenge: Conservatives thought they'd sidelined the 9th Circuit's lion of liberalism; They were wrong." Nina Shapiro has this lengthy cover story in the current issue of Seattle Weekly.
Posted at 02:34 PM by Howard Bashman


"Rehnquist Papers: White House Wanted Publicity on Thomas Oath-Taking." Tony Mauro has this post today at "The BLT: The Blog of Legal Times," along with a related post titled "Rehnquist Papers: On Singing Dixie, and Minority Law Clerks."
Posted at 01:52 PM by Howard Bashman


"Ore. court rejects car salesman's ethics case": The Associated Press has this report on a ruling that the Supreme Court of Oregon issued today.
Posted at 01:45 PM by Howard Bashman


"Lawyer: FBI Paid Right-Wing Blogger Charged With Threats." At Wired.com's "Threat Level" blog, David Kravets has a post that begins, "A notorious New Jersey hate blogger charged in June with threatening to kill judges and lawmakers was secretly an FBI 'agent provocateur' paid to disseminate right-wing rhetoric, his attorney said Wednesday."
Posted at 01:42 PM by Howard Bashman


"This case raises an Establishment Clause challenge to religious displays at a contract postal unit operated by a church in Manchester, Connecticut." So begins an opinion that the U.S. Court of Appeals for the Second Circuit issued today.

The court's opinion holds that an Establishment Clause violation occurred and requires by way of remedy that "the postal counter be free of religious material, and that visual cues distinguish the space operating as a postal facility from the space functioning as the private property of the Church."
Posted at 10:32 AM by Howard Bashman



Available online from law.com: An article reports that "3rd Circuit Appeal Challenges Judge's Outside Research in Bench Trial."

In other news, "Broadcom Co-Founder Fights to Keep Appeal Secret."

And an article reports that "Lawyers, Journalists Ask U.S. Supreme Court to Review Voir Dire Closing."
Posted at 10:27 AM by Howard Bashman



"Appeals court overturns Holocaust looted-art law, but Norton Simon suit continues": This post appears at the "Culture Monster" blog of The Los Angeles Times.

Bob Egelko of The San Francisco Chronicle has a blog post titled "Holocaust art ruling."

And The Pasadena Star-News reports that "Legal fight over Norton Simon art can go forward, court rules."

You can access yesterday's ruling by a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:25 AM by Howard Bashman



Wednesday, August 19, 2009

"Planned Parenthood worries SD clinic may shut down": The Associated Press provides this report.
Posted at 11:55 PM by Howard Bashman


"Texas Judge Denies Fault in Handling of Appeal": Thursday's edition of The New York Times will contain an article that begins, "Accused of denying a condemned man the chance for a last appeal hours before the state's lethal drug cocktail stopped his heart, the highest-ranking criminal judge in Texas was called to the witness stand on Wednesday for the second day to defend her decision, her reputation and potentially her job."

Texas Lawyer has an article headlined "Finger-Pointing Abounds at Hearing Into Misconduct Claims Against Texas Judge; Court of Criminal Appeals Judge Sharon Keller is accused of ignoring a last-minute appeal that could have halted the execution of a death row inmate in 2007."

And The Associated Press reports that "Judge stands by closing ahead of death-row appeal."
Posted at 11:45 PM by Howard Bashman



"Abortion Law Backers Vow Oklahoma Appeal": This article will appear Thursday in The New York Times.

The Oklahoman reports today that "Oklahoma's abortion law falls in court; Judge cites rule violation."

And The Tulsa World reports today that "Judge tosses abortion law; The measure was intended to require a woman seeking an abortion to have an ultrasound."
Posted at 11:42 PM by Howard Bashman



"Judge sets January trial for Prop. 8 lawsuit": Bob Egelko of The San Francisco Chronicle has this news update.

Howard Mintz of The San Jose Mercury News has an update headlined "January trial set for U.S. court challenge to California's gay-marriage ban."

The Christian Science Monitor reports that "Date set for challenge of California gay-marriage ban; On Jan. 11, the two lawyers who argued the Bush v. Gore in 2000 will begin their case against Proposition 8."

And The Associated Press reports that "Judge sets January trial date for Prop. 8 case."
Posted at 11:22 PM by Howard Bashman



"Harriet Miers Takes Another Crack at the U.S. Supreme Court": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times."
Posted at 11:15 PM by Howard Bashman


"Lawyers in Ricci case square off again": This article appears today in The New Haven Register.
Posted at 04:22 PM by Howard Bashman


"Under questioning, Keller denies violating court rules in death row case; In not allowing a late appeal, judge says it was 'a close call' but the right decision": Chuck Lindell has this article today in The Austin American-Statesman.

And today's edition of The San Antonio Express-News contains an article headlined "Judge Keller tells her side of the story."
Posted at 10:25 AM by Howard Bashman



"A Conservative's Road to Same-Sex Marriage Advocacy": Today's edition of The New York Times contains an article that begins, "Theodore B. Olson's office is a testament to his iconic status in the conservative legal movement."
Posted at 09:35 AM by Howard Bashman


Tuesday, August 18, 2009

"After Settlement in Amtrak Case, Opinions Erased From Lexis and Westlaw": Shannon P. Duffy will have this article Wednesday in The Legal Intelligencer.
Posted at 11:30 PM by Howard Bashman


"Law Requiring Ultrasounds for Abortions Is Struck Down; Oklahoma Judge Says Measure Violates State Constitution": This article will appear Wednesday in The Washington Post.

And The Tulsa World has a news update headlined "Abortion ultrasound law tossed."
Posted at 11:27 PM by Howard Bashman



"Keller still on stand after Day 2 of hearing": The San Antonio Express-News has this update.

And The Associated Press has a report headlined "Judge: Closing court before appeal wasn't a ruling."
Posted at 11:24 PM by Howard Bashman



"Sotomayor's first Supreme Court vote doesn't halt execution; Newly seated justice joins three liberals in unsuccessful attempt to stop death of convicted hit man Jason Getsy, who was put to death Tuesday": David G. Savage will have this article Wednesday in The Los Angeles Times.

In Wednesday's edition of The New York Times, Adam Liptak will have an article headlined "Sotomayor Casts First Vote on Court."

And in other news, E! Online reports that "J.Lo Throws Dinner Party for Sonia Sotomayor."
Posted at 11:22 PM by Howard Bashman



"Debating campaign speech: In a key case, the Supreme Court could repair campaign-finance law without relaxing needed regulation." This editorial appears today in The Los Angeles Times.
Posted at 11:14 PM by Howard Bashman


"Microsoft asks court to hold off on Word ban": The Associated Press has a report that begins, "Microsoft Corp. is asking the U.S. Court of Appeals for the Federal Circuit to allow it to keep selling Word software as it fights an unfavorable patent ruling."
Posted at 11:04 PM by Howard Bashman


"As between the prosecutor and the trial judge, who determines which conviction to vacate when a defendant has been convicted of multiplicitous offenses in violation of the Double Jeopardy Clause?" A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit answers "the trial judge" in a decision issued today.
Posted at 04:02 PM by Howard Bashman


"Lawyer: FBI Trained Hal Turner As An 'Agent Provocateur.'" The Hartford Courant has this news update.

And The Associated Press has a report headlined "Attorney: FBI trained NJ blogger to incite others."
Posted at 03:45 PM by Howard Bashman



"Deposition could help Keller": The San Antonio Express-News has an update that begins, "When lawyers for death row inmate Michael Richard attempted to file a last-minute appeal with Texas' highest criminal court on the night of his execution, they were stymied by Judge Sharon Keller, prosecutors said Monday as Keller's judicial misconduct hearing began."

And The Associated Press reports that "Lawyers spar in trial of judge over death-row case."
Posted at 03:44 PM by Howard Bashman



"The Ninth Circuit's Erroneous Analysis of Computer Searches in United States v. Payton": Law professor Orin Kerr has this post today at "The Volokh Conspiracy" about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued last month.
Posted at 03:27 PM by Howard Bashman


"Appeals court overturns ex-Brocade CEO Gregory Reyes' conviction": Howard Mintz of The San Jose Mercury News has an update that begins, "A federal appeals court today reversed the stock-option backdating convictions of former Brocade Communications Chief Executive Gregory Reyes, concluding that his 2007 trial was tainted by prosecutorial misconduct."

The Associated Press reports that "Appeals court orders new trial in Brocade case."

And Bloomberg News reports that "Ex-Brocade Chief Gregory Reyes Wins Bid for New Trial."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 03:20 PM by Howard Bashman



"'Wise Latina' wins pop culture support": The Associated Press has this report.
Posted at 03:14 PM by Howard Bashman


"Fellow judge says Keller violated procedure in death row case; Former court counsel Ed Marty's statement could raise doubts": Chuck Lindell has this article today in The Austin American-Statesman.

And The Associated Press reports that "Judge plans to testify at death-row appeal trial."
Posted at 12:10 PM by Howard Bashman



"Appeals court takes up NFL suspensions case": The Associated Press has a report that begins, "The NFL will ask a federal appeals court Tuesday to uphold the suspensions of Minnesota Vikings defensive linemen Kevin Williams and Pat Williams for violating the league's anti-doping policy."

Previously, The Minneapolis Star Tribune reported that "Williamses case waits for federal panel's ruling; The Vikings' All-Pro defensive tackles are eligible to play while determining if district or state court will hear the case."
Posted at 11:44 AM by Howard Bashman



"Ohio executes triggerman in murder-for-hire scheme": The Associated Press has this report, along with Jesse J. Holland's related article headlined "Sotomayor on losing end in Ohio man's death appeal."

And at "SCOTUSblog," Lyle Denniston has a post titled "Sotomayor's first vote on death penalty."

You can access yesterday's order of the U.S. Supreme Court at this link.
Posted at 11:35 AM by Howard Bashman



Monday, August 17, 2009

"Supreme Court Orders New Look at Death Row Case": Adam Liptak will have this article Tuesday in The New York Times.

Tuesday's edition of The Los Angeles Times will contain an article headlined "Supreme Court orders new hearing for Georgia death row inmate; The surprising move may indicate that the federal justice system is moving away from its conservative position on death penalty appeals."

And law.com reports that "Split Supreme Court Orders Review of Death Row Inmate's Claims That Witnesses Recanted Testimony."
Posted at 11:25 PM by Howard Bashman



"Texas Judge Goes to Trial Over Execution": This article will appear Tuesday in The New York Times.
Posted at 11:22 PM by Howard Bashman


"Judge's hearing begins amid protests": The San Antonio Express-News has an update that begins, "As attorneys for both sides delivered lengthy opening statements Monday morning in the public inquiry of embattled Texas Court of Appeals Judge Sharon Keller, they agreed on at least one thing."

And The Associated Press reports that "Judge on trial says another aware of late appeal."
Posted at 04:22 PM by Howard Bashman



"Court orders new look at Taster's Choice lawsuit": The Associated Press has a report that begins, "The California Supreme Court wants a trial court to come back to a long-running dispute over the use of a former model's image on Taster's Choice coffee labels."

My earlier coverage of today's Supreme Court of California ruling appears at this link.
Posted at 04:20 PM by Howard Bashman



"Anti-Empathy, Anti-Judge Goes on Trial": CBS News legal analyst Andrew Cohen has this installment of his "CourtWatch" column today.
Posted at 02:54 PM by Howard Bashman


"Gay marriage supporters tangle over legal strategy": In today's edition of The San Jose Mercury News, Howard Mintz has an article that begins, "As a federal judge this week tries to herd the legal challenge over Proposition 8 toward a trial, one of his tasks will be to sort through the simmering tensions over legal strategy within the pro-gay marriage movement."

And The Associated Press reports that "Obama disses marriage law as Justice defends it."
Posted at 02:24 PM by Howard Bashman



"Prosecutors file arguments for Bonds evidence": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Federal prosecutors in the perjury case against former Giants star Barry Bonds have made their final written plea to a federal appeals court to allow potentially crucial evidence tying Bonds to drug tests that allegedly showed he used steroids."
Posted at 02:14 PM by Howard Bashman


"Sixteen years later, Christoff saw his face on a jar of Taster's Choice instant coffee in the United States and discovered that his image had been used without his consent on millions of labels sold internationally for the preceding five years." The Supreme Court of California today issued its ruling in the case captioned Christoff v. Nestle USA, Inc.

According to today's ruling, "The trial court applied a two-year statute of limitations and instructed the jury to determine under the discovery rule whether Christoff knew or should have known earlier that Nestle had used his image. The jury found that Christoff did not know, and should not reasonably have suspected prior to seeing the jar, that his image was being used without his consent and awarded him more than $15 million in damages."
Posted at 02:10 PM by Howard Bashman



"Court says Troy Davis can present evidence; Condemned killer on death row for murder of off-duty police officer": Bill Rankin of The Atlanta Journal-Constitution has this news update.
Posted at 11:54 AM by Howard Bashman


"Supreme Court to Hear Case on Executive Pay": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:57 AM by Howard Bashman


"Hearing on innocence claim ordered": This morning at "SCOTUSblog," Lyle Denniston has a post that begins, "The Supreme Court, splitting 6-2, on Monday ordered a federal judge in Georgia to consider and rule on the claim of innocence in the murder case against Troy Anthony Davis."

And The Associated Press reports that "Supreme Court says Georgia man should get hearing."

You can access the U.S. Supreme Court's order, and a concurring opinion by Justice John Paul Stevens, in which Justices Ruth Bader Ginsburg and Stephen G. Breyer joined, by clicking here. You can access the dissenting opinion of Justice Antonin Scalia, in which Justice Clarence Thomas joined, by clicking here.
Posted at 10:50 AM by Howard Bashman



Justice Sonia Sotomayor assigned to be the Circuit Justice for the U.S. Court of Appeals for the Tenth Circuit: The U.S. Supreme Court's allotment order appears at page four of today's Order List.
Posted at 10:45 AM by Howard Bashman


"Death penalty debate peripheral to Keller trial; Proceedings begin Monday in San Antonio courtroom on complaint criminal appeals judge blocked stay of execution request": Chuck Lindell has this article today in The Austin American-Statesman. The newspaper also contains an editorial entitled "Keller drags Texas through the mud."
Posted at 10:40 AM by Howard Bashman


Sunday, August 16, 2009

"Man Challenges Ban On Fortunetelling; Self-Described Gypsy Who Wants To Open Shop Says Law Is Biased": This article will appear Monday in The Washington Post.
Posted at 11:07 PM by Howard Bashman


"Prop. 8 case lands in veteran jurist's court": Bob Egelko has this article today in The San Francisco Chronicle, along with an article headlined "Federal judge reviews arguments in Prop. 8 case."
Posted at 10:37 PM by Howard Bashman


"At O'Connor's core is an Arizona cowgirl": The Arizona Republic contains this article today.
Posted at 10:28 PM by Howard Bashman


"New Georgia Supreme Court justice earns praise": This article appeared yesterday in The Atlanta Journal-Constitution.
Posted at 10:27 PM by Howard Bashman


"Fate of high-level Texas judge rests in San Antonio courtroom": Monday's edition of The San Antonio Express-News will contain an article that begins, "For almost two years, protesters statewide and nationally have called for the forced resignation of Sharon Keller, one of Texas' highest-echelon judges, over charges of unethical conduct after she refused to accept a last-minute appeal from a death row inmate. Starting today, a rare hearing will begin in San Antonio that could help settle the matter."

And The Associated Press reports that "Texas judge ended day as death row appeal waited."
Posted at 09:54 PM by Howard Bashman



Saturday, August 15, 2009

"Critics want to bench Judge Manuel L. Real; He is 85 and has sat on the U.S. District Court bench in L.A. since 1966; He wields his gavel despite complaints about his imperious behavior and frequent reversals by appellate courts": Carol J. Williams will have this article Sunday in The Los Angeles Times.
Posted at 11:45 PM by Howard Bashman


"Gunning for the District: For some gun advocates, securing the right to keep and bear arms at home wasn't enough." This editorial appears today in The Washington Post.
Posted at 11:34 PM by Howard Bashman


"Luckless Predator Only Attracted to Undercover Cops": At Wired.com's "Threat Level" blog, Kevin Poulsen has a post that begins, "It's official. There's nobody in the chat rooms but pedophiles and undercover police. On Thursday, a federal appeals court upheld the conviction of an Indiana man whose online efforts to proposition underage girls led him to not one, not two, but three undercover cops, none of whom apparently knew about the others."

You can access this past Thursday's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 11:30 PM by Howard Bashman



"Blogger's Case Could Test the Limits of Political Speech; New Jersey Man Was Arrested After Writing That 3 Judges 'Deserve to Be Killed'": Sunday in The Washington Post, Peter Slevin will have an article that begins, "Internet radio host Hal Turner disliked how three federal judges rejected the National Rifle Association's attempt to overturn a pair of handgun bans."
Posted at 11:23 PM by Howard Bashman


"Will Critical Review Keep Judge From D.C. Circuit Slot? D.C. Court of Appeals Judge Vanessa Ruiz slammed in evaluation for taking too long on cases." law.com has this report.
Posted at 10:52 PM by Howard Bashman


Friday, August 14, 2009

Bob Egelko is reporting: In yesterday's edition of The San Francisco Chronicle, he had articles headlined "Judges don't buy theory in S.F. tobacco-ban case" and "U.S. court hears vets' appeal on mental health."
Posted at 04:50 PM by Howard Bashman


"Justice Stevens Calling": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 04:18 PM by Howard Bashman


"Effective at noon on Friday, August 14, 2009, Hon. Alice M. Batchelder of Medina, Ohio, became Chief Judge of the Sixth Circuit, succeeding Hon. Danny J. Boggs, who had served in that capacity since October 1, 2003." So states a notice posted today at the home page of the U.S. Court of Appeals for the Sixth Circuit.

A reader emails, "Note that Judge Batchelder's 65th birthday is tomorrow." Thus, by stepping down as Chief Judge today instead of serving his full seven-year term as the Sixth Circuit's Chief Judge -- which apparently would have expired sometime in 2010 -- Judge Boggs has allowed Judge Batchelder to become the Sixth Circuit's Chief Judge, a post she would have been statutorily ineligible to assume once she turned 65 years of age.
Posted at 04:15 PM by Howard Bashman



"With Sotomayor Confirmed, Focus Should Be on Nominations to Appeals Courts": You can access this month's installment of my "Upon Further Review" column, published in The Legal Intelligencer, by clicking here.
Posted at 12:40 PM by Howard Bashman


"Judges Who Would Be King: The judiciary is on an unprecedented power trip." Lee A. Casey and David B. Rivkin Jr. have this jurisprudence essay online at Slate.
Posted at 11:55 AM by Howard Bashman


"This case reminds us again of the utility of communication to prevent injury, even in the pastoral setting of a golf course and in the context of a game in which etiquette is as integral as skill." So begins an opinion that a three-judge panel of the Superior Court of Pennsylvania issued yesterday.

As the opinion explains, "On June 15, 2007, Zeidman, Larry Rashkow and Fisher were competing in a charity golf outing at Springfield Country Club when a duck hook hit by Fisher, acknowledged to drive the ball upwards of 300 yards, struck Zeidman in the face causing serious and permanent injuries."

Update: Staying on the golf theme, today's lone opinion of the U.S. Court of Appeals for the Federal Circuit involves a dispute over golf ball patents.

Second update: In coverage of that Federal Circuit ruling, Brent Kendall of Dow Jones Newswires reports that "US Appeals Court Orders New Trial In Golf Ball Patent Case."
Posted at 11:14 AM by Howard Bashman



Thursday, August 13, 2009

"Judges' Dissents for Death Row Inmates Are Rising": John Schwartz will have this front page article, in which I am quoted, in Friday's edition of The New York Times.
Posted at 11:48 PM by Howard Bashman


"En Banc First Circuit Reverses Panel, Gives IRS Access to Textron's Work Papers": "TaxProf Blog" has this post about a 3-2 ruling that the en banc U.S. Court of Appeals for the First Circuit issued today.

And Friday's edition of The Wall Street Journal will contain an article headlined "IRS Wins a Victory as Court Allows Access to Textron Tax Papers."
Posted at 11:20 PM by Howard Bashman



"Tenth Circuit split on gun ban for misdemeanants": At "The Volokh Conspiracy," David Kopel has this post about a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 11:17 PM by Howard Bashman


"Appeals court upholds ban in Edwards T-shirt case": The Associated Press has a report that begins, "A federal appeals court on Thursday upheld a Texas school district dress code that banned a student's T-shirt supporting John Edwards' presidential campaign."

You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 10:58 PM by Howard Bashman



"Terrorism Trials May Be at New Va. Court; Security May Favor Newport News Over Alexandria": This article appears today in The Washington Post.

And today's edition of The New York Times contains articles headlined "Michigan Prison Is Considered for Detainees" and "A Window Into C.I.A.'s Embrace of Secret Jails."
Posted at 10:12 PM by Howard Bashman



"The Last Abortion Doctor: For thirty-six years, Warren Hern has been one of the few doctors in America to specialize in late abortions; George Tiller was another; And when Dr. Tiller was murdered that Sunday in church, Warren Hern became the only one left." The September 2009 issue of Esquire magazine will contain this lengthy article.
Posted at 10:25 AM by Howard Bashman


"Many seek ban as prostitution thrives in R.I." This front page article appears today in The Boston Globe.
Posted at 10:22 AM by Howard Bashman


"Courts Face Growing Battle Over Limits on Ex-Convicts": Amir Efrati has this article today in The Wall Street Journal.
Posted at 10:20 AM by Howard Bashman


Hands-free cell phone challenge "has no legs whatever," Seventh Circuit holds: Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued a decision affirming a federal district court's dismissal of a class action "challenging the constitutionality of a Chicago municipal ordinance that prohibits the use of wireless telephones without a 'hands-free' device while driving a motor vehicle."
Posted at 10:15 AM by Howard Bashman


"Eleventh Circuit to review en banc below-guideline sentence in 'utterly gruesome' sex offense case": Law professor Doug Berman has this post at his "Sentencing Law and Policy" blog.

Yesterday, the U.S. Court of Appeals for the Eleventh Circuit issued this order granting rehearing en banc in the case. In March 2009, a three-judge Eleventh Circuit panel issued this opinion affirming the sentence.
Posted at 10:07 AM by Howard Bashman



"Someone who wants to file as amicus curiae in support of a petition for rehearing, or rehearing en banc, must use the same schedule as the petitioner." Seventh Circuit Chief Judge Frank H. Easterbrook yesterday issued this interesting "in chambers" opinion addressing when an amicus brief in support of rehearing must be filed, in order to be timely, under the Federal Rules of Appellate Procedure.
Posted at 09:52 AM by Howard Bashman


"Dr Pepper Snapple Group Must Face Suit Over 'All Natural' Label": Bloomberg News has an article that begins, "Dr Pepper Snapple Group Inc., the beverage company spun off by Cadbury Plc last year, must face a lawsuit alleging its Snapple iced tea was deceptively promoted as 'all natural,' a federal appeals court ruled."

My earlier coverage of yesterday's Third Circuit ruling appears at this link.
Posted at 09:32 AM by Howard Bashman



"Judge dismisses case over Confederate flag": This article appears today in The Knoxville News Sentinel.

And The Associated Press reports that "Tenn. student's Confederate flag suit thrown out."

I have posted Tuesday's ruling of the U.S. District Court for the Eastern District of Tennessee online at this link.
Posted at 09:15 AM by Howard Bashman



Lehigh Valley IronPigs 10, Louisville Bats 9 (10 innings): Yesterday evening, my son and I traveled to Coca-Cola Park in Allentown, Pennsylvania to watch the AAA affiliate of the Philadelphia Phillies host the AAA affiliate of the Cincinnati Reds. It was also J.A. Happ bobblehead giveaway night.

We had great seats directly behind home plate, and we ended up sitting next to Bats starting pitcher Ben Jukich, who was charting the pitches with a radar gun and who will be tonight's starting pitcher for the Bats.

IronPigs outfielder Michael Taylor -- who we last saw play last month in the AA Eastern League All-Star Game -- hit for the cycle and went 5-for-5 at the plate. He completed the cycle with a game-tying solo home-run in the bottom of the 9th inning. The 'Pigs won on a walk-off single with one out in the bottom of the 10th inning with runners on first and third and both the infield and outfield playing in.

You can access the box score at this link, the game recap at this link, and wraps here, here, and here.
Posted at 09:00 AM by Howard Bashman



Wednesday, August 12, 2009

Third Circuit holds that federal law does not preempt state law claims alleging that a number of statements on the labels of Snapple beverages are misleading: You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 03:50 PM by Howard Bashman


"Sotomayor Lauded as Step Toward U.S. Ideals at Reception": The Washington Post has this news update.

The Associated Press has reports headlined "Justice Sonia Sotomayor celebrated at White House" and "Sotomayor grateful to nation for unlikely rise."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "A White House Celebration for Sotomayor," while earlier today David Ingram had a post titled "Justices, Circuit Judges to Attend Sotomayor Event."

Via C-SPAN, by clicking here you can view the video of today's White House event. And the White House has posted online this transcript of the remarks at today's event.
Posted at 03:20 PM by Howard Bashman



Tuesday, August 11, 2009

"New approach to 'insider' gains": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 11:58 PM by Howard Bashman


"Miers Told House Panel of 'Agitated' Rove; Bush White House Counsel Said Adviser Called U.S. Attorney a 'Serious Problem'": This article will appear Wednesday in The Washington Post.

Wednesday's edition of The Wall Street Journal will contain an article headlined "Democrats Release Documents Related to Lawyer Firings."

Marisa Taylor of McClatchy Newspapers reports that "Probe shows Rove played key role in firing U.S. attorneys."

And The Associated Press reports that "Rove involvement in US attorney firing detailed."
Posted at 11:57 PM by Howard Bashman



"2 U.S. Architects of Harsh Tactics in 9/11's Wake": Wednesday's edition of The New York Times will contain this article.
Posted at 11:40 PM by Howard Bashman


"Appeals court allows third trial against two former Westar Energy executives": This article appears today in The Kansas City Star.

And The Topeka Capital-Journal reports today that "Court OKs third Westar trial."

My earlier coverage of yesterday's Tenth Circuit ruling appears at this link.
Posted at 11:25 PM by Howard Bashman



"Curses! Blasphemy, profanity laws still on the books." David L. Hudson Jr. has this essay online at the First Amendment Center.
Posted at 03:32 PM by Howard Bashman


"Spectacular Distractions Are the Perks of Judgeship": The New York Times today contains an article that begins, "The search is on for a candidate for one of the most scenic jobs in American law: magistrate judge for the United States District Court in Yosemite National Park, home not only to towering sequoias but also to a tiny federal courthouse where park justice is doled out 52 weeks a year."
Posted at 10:54 AM by Howard Bashman


"Tilting at Internet Barrier, a Stalwart Is Upended": Today in The New York Times, John Schwartz has an article that begins, "In the community of activists trying to break down Internet barriers that they say stifle creativity and knowledge, few figures are as revered as Charles Nesson."

And in Billboard magazine, Ben Sheffner of the "Copyrights & Campaigns" blog has an essay entitled "Piracy verdicts may violate U.S. Constitution."
Posted at 09:00 AM by Howard Bashman



"Blogger accused of threatening judges denied bond": The Associated Press has this report.

And The Chicago Sun-Times reports today that "Hal Turner remains in jail after hearing."
Posted at 08:55 AM by Howard Bashman



"Supreme Court Argument Cycle Dominated by Veterans; Gibson Dunn's Theodore Olson and Sidley Austin's Carter Phillips each argued a half-dozen high court cases": Marcia Coyle of The National Law Journal has this report.
Posted at 08:51 AM by Howard Bashman


Monday, August 10, 2009

"Court allows third Westar trial": The Topeka Capital-Journal has a news update that begins, "An appeals court on Monday denied a request of David Wittig and Douglas Lake, former top executives of Westar Energy Inc., to prevent them from facing a third trial for allegedly looting the company."

And The Associated Press reports that "Appeals court allows new trial for ex-Westar execs."

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 11:20 PM by Howard Bashman



"Va. court upholds prisoner abuse conviction": The Associated Press has a report that begins, "A federal appeals court in Virginia has upheld the conviction of the first American civilian found guilty of mistreating a detainee during the wars in Iraq and Afghanistan."

According to today's opinion of the U.S. Court of Appeals for the Fourth Circuit, "This case presents novel questions concerning the reach of federal criminal law to acts that an American civilian commits abroad while in service to this Country."
Posted at 11:08 PM by Howard Bashman



"Judge: CIA interrogations not relevant to 9/11 accused's sanity." Carol Rosenberg of The Miami Herald has this news update.
Posted at 10:40 PM by Howard Bashman


"For Sotomayor, job may take getting used to": Joan Biskupic has this article today in USA Today.
Posted at 10:37 PM by Howard Bashman


"Change of Venue: In Retirement, Justice O'Connor Still Rules." Jess Bravin will have this article Tuesday in The Wall Street Journal.
Posted at 10:30 PM by Howard Bashman


"Supreme Court turns down Conrad Black bail request": The Associated Press has this report.
Posted at 06:12 PM by Howard Bashman


"A divided appeals court affirms jury's $14 million award to a former death-row inmate": The Times-Picayune of New Orleans has a news update that begins, "In a tied vote that means a mandatory affirmation of the lower court's ruling, the U.S. 5th Circuit Court of Appeals today upheld the $14 million jury verdict against the Orleans Parish District Attorney's Office for misconduct in the 1985 murder trial of John Thompson."

You can access today's en banc order of the U.S. Court of Appeals for the Fifth Circuit, affirming the district court's judgment by an evenly divided vote, at this link. The order is accompanied by concurring and dissenting opinions.

Back in December 2008, a unanimous three-judge Fifth Circuit panel issued a decision affirming the judgment in this case. My earlier coverage of that ruling appears at this link.
Posted at 03:58 PM by Howard Bashman



Sunday, August 9, 2009

"Sotomayor Fans Claim the Phrase 'Wise Latina'": This article appears today in The New York Times.

And yesterday evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Real Work Begins For Justice Sotomayor" (RealPlayer required) featuring David G. Savage of The Los Angeles Times.
Posted at 11:35 PM by Howard Bashman



"Obama's Embrace of a Bush Tactic Riles Congress": Today in The New York Times, Charlie Savage has an article that begins, "President Obama has issued signing statements claiming the authority to bypass dozens of provisions of bills enacted into law since he took office, provoking mounting criticism by lawmakers from both parties."
Posted at 11:17 PM by Howard Bashman


"U.S. battling CIA rendition case in 3 courts": Bob Egelko will have this article Monday in The San Francisco Chronicle.
Posted at 11:14 PM by Howard Bashman


"Litigants become their own lawyers; Hiring an attorney isn't cheap, so these days more people are navigating the justice system themselves; But courtrooms can be tough for amateurs": This article will appear Monday in The Los Angeles Times.
Posted at 11:10 PM by Howard Bashman


Saturday, August 8, 2009

"Sotomayor Sworn In as Supreme Court Justice": Charlie Savage will have this article Sunday in The New York Times.

Sunday's edition of The Washington Post will contain an article headlined "Sotomayor Reaches Pinnacle of Law With Historic Oath; First Hispanic Justice Will Take Seat For Rare September Hearing of Case."

And Sunday in The Los Angeles Times, David G. Savage will have an article headlined "Sonia Sotomayor sworn in as Supreme Court justice; Chief Justice Roberts administers the oath on a quiet morning so she can begin work 'without delay,' he says; Her mother and family members are there to witness her becoming the court's first Latino."
Posted at 11:28 PM by Howard Bashman



"Criminal investigation into CIA treatment of detainees expected; Insiders say Atty. Gen. Eric Holder is close to naming a prosecutor to look into reports of excessive waterboarding and other unauthorized methods; Convictions could be hard to get": This article will appear Sunday in The Los Angeles Times.
Posted at 11:24 PM by Howard Bashman


"Democrats Take Aim at Supreme Court Decisions; Congressional Democrats hope to undo several high-profile Roberts Court decisions": law.com has this report.
Posted at 10:32 PM by Howard Bashman


"Lawsuit Seeks Right to Carry Concealed Weapons in the District; Suit Seeks Right to Pack Heat in Public": This article appears today in The Washington Post.

My earlier coverage appears at this link.
Posted at 10:30 PM by Howard Bashman



"Davis, Perez await confirmation; Senate action on two Maryland appointees on hold": Today's edition of The Baltimore Sun contains an article that begins, "The U.S. Senate adjourned Friday without acting on the nominations of two high-level Obama appointees from Maryland, federal Judge Andre M. Davis of Baltimore and state Labor Secretary Thomas E. Perez."
Posted at 10:25 PM by Howard Bashman


"Sotomayor takes oath from Chief Justice Roberts": Mark Sherman of The Associated Press has this report, along with an article headlined "Now that she's sworn in, Sotomayor a rookie again." The AP also reports that "Puerto Ricans cheer Sotomayor's swearing-in."

Greg Stohr of Bloomberg News reports that "Sonia Sotomayor Sworn In as Supreme Court Justice."

Reuters reports that "Sotomayor sworn as first Hispanic on Supreme Court."

And at "The BLT: The Blog of Legal Times," Tony Mauro has posts titled "Sotomayor Sworn In As 111th Justice" and "Photo of Sotomayor's Private Oath-Taking."
Posted at 08:37 PM by Howard Bashman



"Judge Vanaskie nominated to higher federal court": The Times-Tribune of Scranton, Pennsylvania today contains an article that begins, "President Barack Obama on Friday nominated a longtime Scranton federal judge to sit on an appeals court one step below the U.S. Supreme Court."

Today's edition of The Times Leader of Wilkes-Barre, Pennsylvania reports that "Judge's nomination a rare achievement; If confirmed, Vanaskie will become only second Middle District of Pa. resident to sit on Third Circuit Court of Appeals."

And The Tennessean reports that "Nashville lawyer nominated for U.S. judgeship; Obama asks Stranch to fill appellate spot."
Posted at 08:20 PM by Howard Bashman



"Sotomayor to be sworn in as justice Saturday": The Associated Press has this report.

CNN.com reports that "Sotomayor poised to take oath as Supreme Court justice."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Big Day Ahead for Sotomayor."

Via C-SPAN, you can view the swearing-in ceremony live, online at 11 a.m. eastern time by clicking here.

Update: C-SPAN has posted online the video of the 91-second ceremony at this link.
Posted at 10:50 AM by Howard Bashman



Friday, August 7, 2009

"Sotomayor Confirmed by Senate, 68-31": Charlie Savage has this article today in The New York Times. Adam Liptak reports that "Sotomayor Faces Big Workload of Complex Cases." And the newspaper also contains an article headlined "For Puerto Ricans, Sotomayor's Success Stirs Pride."

Saturday in The Washington Post, Robert Barnes will have an article headlined "Even for Experienced Sotomayor, a Slew of Changes Awaits." Today's newspaper, meanwhile, contains articles headlined "Sotomayor Wins Confirmation; Senate Votes 68 to 31 for Judge Who Will Be First Hispanic to Serve on High Court" and "For Latinos, Confirmation Is an Emotional Moment," along with an editorial entitled "Justice Sotomayor: An inspiring ascent, a historic vote."

Today in The Los Angeles Times, David G. Savage and James Oliphant report that "Sotomayor will bring unique perspective to the Supreme Court; The newly confirmed justice's experiences with a disability, economic struggles and as a prosecutor and trial judge are among several things that may set her apart from her new colleagues."

In The Wall Street Journal, Jess Bravin reports that "Senate Confirms Sotomayor in Largely Partisan 68-31 Vote." The newspaper also contains an editorial entitled "Justice Sotomayor: She's lucky she didn't get the Miguel Estrada treatment."

USA Today reports that "Sotomayor confirmed with few GOP votes; Impact on Republicans among Hispanics eyed."

David Lightman and Michael Doyle of McClatchy Newspapers report that "Senate confirms Sotomayor to the Supreme Court, 68-31."

Warren Richey of The Christian Science Monitor has articles headlined "With scant support for Sotomayor, did the GOP hurt itself? Republicans need to attract more Hispanic voters; But just nine in the Senate approved the first Hispanic justice's nomination to the Supreme Court" and "Conservatives see silver lining in Sotomayor vote; Liberals cheered the first Hispanic justice, but conservatives say Sotomayor ultimately backed away from a liberal view of the Constitution."

The New York Daily News contains articles headlined "Bronx's Sonia Sotomayor becomes first Hispanic justice on Supreme Court after Senate confirmation"; "New Yorkers proudly fete Supreme Court Justice Sonia Sotomayor"; and "Mom has 'great day' celebrating the confirmation of U.S. Supreme Court Justice Sonia Sotomayor."

The New York Post contains an article headlined "Supreme Joy for Latinos; Justice Sonia Hailed."

The Washington Times reports that "Sotomayor confirmed to Supreme Court; Senators hail broken Hispanic barrier."

The Boston Globe contains articles headlined "Sotomayor confirmation breaks barrier; Vote reflects rift between parties" and "Dream of D.C. bipartisanship shrivels; Vote on court pick reflects the old divide."

Greg Stohr of Bloomberg News reports that "Sotomayor Vote Makes History Without Changing Court's Balance."

And law.com's Tony Mauro reports that "In Divided Vote, Senate Confirms Sotomayor for High Court."
Posted at 10:45 PM by Howard Bashman



"Civilian trials won't be cake walks for Guantanamo detainees": Marisa Taylor of McClatchy Newspapers has this report.

And today's edition of The Wall Street Journal contains an article headlined "Doubt Raised on Gitmo Closing Date."
Posted at 09:14 PM by Howard Bashman



"Cameras Come to the Supreme Court - In HD, No Less": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 09:04 PM by Howard Bashman


"Justice asks high court to block release of photos": Mark Sherman of The Associated Press has a report that begins, "The Obama administration on Friday asked the Supreme Court to block the release of disturbing pictures of detainee abuse on grounds their disclosure could incite violence in Afghanistan and Iraq and endanger U.S. troops there."

And at Politico.com, Josh Gerstein reports that "Obama administration asks SCOTUS to block detainee photos."
Posted at 05:50 PM by Howard Bashman



"Court Rejects Sniper's Appeal; Ruling Leaves John Allen Muhammad Few Options for Avoiding Execution": Jerry Markon of The Washington Post has a news update that begins, "A federal appellate court on Friday rejected convicted sniper John Allen Muhammad's appeal, leaving him with few options to avoid execution for the wave of shootings that terrified the Washington region in 2002."

And The Associated Press reports that "Appeals court in Va. upholds sniper conviction."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 03:55 PM by Howard Bashman



"President Obama Nominates Jane Stranch for United States Court of Appeals for the Sixth Circuit, Judge Thomas Vanaskie for United States Court of Appeals for the Third Circuit": The White House issued this news release today.

At "The BLT: The Blog of Legal Times," Jordan Weissmann has a post titled "Obama Nominates Five New Judges, Three U.S. Attorneys."
Posted at 01:22 PM by Howard Bashman



"NY court: US govt can withhold Spitzer documents." The Associated Press has a report that begins, "An appeals court says the federal government does not have to release information about wiretaps from the investigation that brought down former New York Gov. Eliot Spitzer. The 2nd Circuit Court of Appeals found Friday that The New York Times had not shown it has a First Amendment right to the material."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:11 PM by Howard Bashman



"Lawsuit seeks right to carry guns in public": The Washington Times today contains an article that begins, "The man whose Supreme Court challenge secured the right of D.C. residents to keep guns in their homes is back in court, this time filing a lawsuit on behalf of a group seeking the right of registered gun owners to carry their guns in public."

And The Associated Press reports that "Gun owners sue DC for right to carry weapons."
Posted at 11:24 AM by Howard Bashman



Thursday, August 6, 2009

"Wyeth Used Ghostwritten Prempro Articles, Files Show": Bloomberg News has this report.
Posted at 11:00 PM by Howard Bashman


"Former appeals judge pleads guilty to federal bank fraud": Friday's edition of The St. Petersburg Times will contain an article that begins, "A man who once sat in judgment of others was found guilty Thursday of federal bank fraud. Former appeals Judge Thomas E. Stringer Sr. made his first appearance in court since being charged last month with fraudulently obtaining a $350,000 mortgage for a Hawaiian residence he bought with a stripper."

The Tampa Tribune has a news update headlined "Ex-judge pleads guilty to federal bank fraud."

And The Associated Press reports that "Former Fla. judge linked to stripper pleads guilty."
Posted at 10:55 PM by Howard Bashman



"Court says boy injured at ballpark can sue": The Associated Press has a report that begins, "The parents of a young boy struck in the head when a batter hit a ball into a picnic area before an Albuquerque Isotopes game can sue the minor league team and the city, an appellate court has ruled."

You can access last Friday's ruling of the New Mexico Court of Appeals at this link. By a vote of 2-1, the majority on a three-judge panel declined to adopt "the baseball rule," which would have shielded the defendants from liability for the child's injuries.
Posted at 05:30 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Obama hails confirmation of Sotomayor" and "Sotomayor watches Senate vote at NYC courthouse."
Posted at 05:10 PM by Howard Bashman


"Sotomayor Will Take Oath at the Supreme Court on Saturday": Tony Mauro has this post at "The BLT: The Blog of Legal Times."

And The Associated Press reports that "Sotomayor to be sworn in Saturday at high court."
Posted at 03:55 PM by Howard Bashman



"Senate confirms Sotomayor for Supreme Court": The Associated Press has a report that begins, "The Senate confirmed Sonia Sotomayor Thursday as the first Hispanic justice on the Supreme Court. The vote was 68-31 for Sotomayor, President Barack Obama's first high court nominee. She becomes the 111th justice and just the third woman to serve."

Reuters reports that "Senate confirms Sotomayor, first Hispanic on Supreme Court."

And Bloomberg News reports that "Sotomayor Is Confirmed to Be First Hispanic on Supreme Court."
Posted at 03:34 PM by Howard Bashman



"Gordon v. Virtumundo: 9th Cir Smacks Down Anti-Spammers in Trifecta Defense Win." At his "Spam Notes" blog, Venkat Balasubramani has this post about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

Venkat writes that in today's Ninth Circuit ruling, "the anti-spam community suffers a crushing defeat."
Posted at 02:28 PM by Howard Bashman



"Senate poised to make history with Sotomayor vote": The Associated Press has this report.

Greg Stohr of Bloomberg News reports that "Republican Opposition to Sotomayor Widens Gulf Over High Court."

The Washington Post reports today that "Democrats Rally for Sotomayor; Backers Dismiss GOP Resistance."

James Oliphant of The Los Angeles Times reports today that "Sotomayor gains more Republican support in the Senate; Three GOP lawmakers who are not seeking reelection next year, including Missouri's Christopher Bond, have said they will vote to confirm the Supreme Court nominee."

And CNN.com reports that "Sotomayor confirmation vote set for Thursday afternoon."

The U.S. Senate is scheduled to vote on the nomination this afternoon, and you can view the proceedings live, online via C-SPAN2 by clicking here.
Posted at 11:10 AM by Howard Bashman



Wednesday, August 5, 2009

Reading Phillies 8, Trenton Thunder 4: As MLB.com reports, "Pedro impressive in latest rehab start; Right-hander strikes out 11 over six innings for Reading." And because I was among the "all-time record crowd of 9,953 at FirstEnergy Stadium" to watch the game, I'm posting about it here. Additional coverage of the game is available here and here.

You can access the box score at this link. Also of note, the "untouchable" Phillies prospect Domonic Brown hit his first home run at the AA level during the game.

Update: Additional coverage of the game is available here, here, here, and here.
Posted at 11:58 PM by Howard Bashman



"Sotomayor picks up more GOP support with confirmation near": The Associated Press has this report.
Posted at 03:08 PM by Howard Bashman


"Court reinstates road ban in national forests": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

And today in The San Francisco Chronicle, Bob Egelko has an article headlined "National park checkpoints at entrances upheld" reporting on a ruling that the Ninth Circuit issued yesterday.
Posted at 03:05 PM by Howard Bashman



"Supreme Court Vacation: On the Road with the Thomases." The public radio program "The Takeaway" today had this audio segment consisting of an interview with Virginia Thomas, the wife of Justice Clarence Thomas, about life on the road in their RV.

Thanks to Ben Sheffner of the "Copyrights & Campaigns" blog for the pointer.
Posted at 01:54 PM by Howard Bashman



Second Circuit issues opinion explaining that court's basis for rejecting objections to the Chrysler bankruptcy asset-sale transaction: You can access today's opinion explaining that court's earlier ruling at this link.
Posted at 11:25 AM by Howard Bashman


Second Circuit upholds federal district court's invocation of the "state-secrets privilege" as the basis for dismissing a lawsuit brought against the CIA by the wife and children of a covert-status former employee of the CIA: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:24 AM by Howard Bashman


"History of animal-cruelty law at issue in Stevens poses incongruity": Adam Ezra Schulman has this essay online at the First Amendment Center.

And online at FindLaw, Sherry F. Colb has an essay entitled "Lessons From an Animal Cruelty Case In the U.S. Supreme Court."
Posted at 11:15 AM by Howard Bashman



"Senate begins floor debate on Sotomayor nomination; Though her confirmation as the Supreme Court's first Latino justice looks assured, it won't come without a barrage of criticisms; About 30 lawmakers are expected to voice their complaints": James Oliphant and David G. Savage have this article today in The Los Angeles Times.

The Washington Post reports today that "GOP Senators Seem Unconcerned About Hispanic Backlash; 28 Say They Will Vote Against the First Latina Supreme Court Nominee."

The Wall Street Journal contains articles headlined "Senate Begins Formal Debate Over Sotomayor" and "Sotomayor Vote Tests GOP; Candidates, Wooing Hispanics, Aim to Isolate Confirmation Stance From Broader Views."

The Associated Press reports that "Republicans, Democrats at odds in Sotomayor debate."

And Reuters reports that "Senate opens Sotomayor confirmation debate."
Posted at 11:14 AM by Howard Bashman



"Nominations Roadblock: The Senate is keeping President Obama from placing his nominees in key administration positions." The Washington Post today contains an editorial that begins, "It has been almost six months since President Obama nominated Indiana law professor Dawn E. Johnsen to head the Justice Department's influential Office of Legal Counsel (OLC). Almost five months have passed since the Senate Judiciary Committee gave her a favorable vote and sent the nomination to the full Senate. Yet with just days left before the August recess, there has yet to be a floor vote. This is unconscionable."
Posted at 10:55 AM by Howard Bashman


"Detainees Could Be Boon for Mich. Town; Residents Want Prison to Stay Open, Even if It Means Housing Terrorism Suspects": This article appears today in The Washington Post.

Yesterday's edition of The Kansas City Star contained articles headlined "Kansans swiftly oppose moving Guantanamo detainees there, but Michigan may be more open to the idea" and "Leavenworth is well equipped to house Gitmo detainees."

This past Monday evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Mich. Town May Welcome Guantanamo Detainees" (RealPlayer required).

And today in The Los Angeles Times, CBS News legal analyst Andrew Cohen has an op-ed entitled "The Gitmo NIMBYs: Politicians should cease the fear-mongering -- prisons in the U.S. can easily handle any remaining Gitmo detainees."
Posted at 10:50 AM by Howard Bashman



"Medical Papers by Ghostwriters Pushed Therapy": The New York Times today contains an article that begins, "Newly unveiled court documents show that ghostwriters paid by a pharmaceutical company played a major role in producing 26 scientific papers backing the use of hormone replacement therapy in women, suggesting that the level of hidden industry influence on medical literature is broader than previously known."
Posted at 08:50 AM by Howard Bashman


Tuesday, August 4, 2009

"Did Precedent Make Sotomayor Rule Against Ricci?" Stuart Taylor Jr. has this lengthy post today at National Journal's "The Ninth Justice" blog.
Posted at 08:11 PM by Howard Bashman


"State ordered to shrink prison population by 44,000 inmates": Denny Walsh and Sam Stanton of The Sacramento Bee have this news update.

Bob Egelko of The San Francisco Chronicle has a news update headlined "State must craft plan to reduce prison population in 45 days."

The New York Times has a news update headlined "California Prisons Must Cut Inmate Population."

And The Associated Press reports that "Fed judges order Calif. to cut inmate population."

You can access today's ruling of a three-judge court for the U.S. District Courts for the Eastern and Northern Districts of California at this link.
Posted at 08:04 PM by Howard Bashman



"Re-reading Iqbal (a new take on the 12(b)(6) wars)": At the "Concurring Opinions" blog, law professor Jaya Ramji-Nogales has published this post written by law professor Adam N. Steinman.

Yesterday, Judge Richard A. Posner -- writing for a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit -- issued a decision in which he suggested in dicta that it remains possible (and, indeed, appropriate) to take a limited view of the effect of the U.S. Supreme Court's recent rulings in Twombly and Iqbal.
Posted at 07:48 PM by Howard Bashman



"Judge recommends $3.5 M defamation verdict be vacated": The Citizens' Voice of Wilkes-Barre, Pennsylvania has a news update that begins, "A Lehigh County judge has recommended that a $3.5 million defamation verdict against The Citizens' Voice be vacated and a new trial held. Lehigh County President Judge William Platt, appointed by the state Supreme Court to hold a hearing on allegations of case-fixing, made the recommendation to the high court Monday."

You can access the judge's recommendation at this link.
Posted at 03:00 PM by Howard Bashman



"Battle lines set; Senate readies Sotomayor debate": The Associated Press has this report, along with an article headlined "Nevada Sen. Ensign will vote against Sotomayor."
Posted at 02:50 PM by Howard Bashman


En banc D.C. Circuit to reconsider dismissal of the claims of a Sudanese pharmaceutical plant that the United States destroyed via a missle strike because the plant was allegedly connected to the terrorist activities of Osama bin Laden: In March 2009, a three-judge panel affirmed the dismissal of the pharmaceutical plant's claims against the United States, holding that the claims presented a nonjusticiable political question. My earlier coverage of that ruling appears at this link.

Yesterday, the D.C. Circuit entered this order granting rehearing en banc.

At his "Suits & Sentences" blog, Michael Doyle of McClatchy Newspapers has this post about yesterday's development.

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Court Orders En Banc Hearing in Defamation Suit Against the U.S."
Posted at 12:52 PM by Howard Bashman



"Review clears Miami Herald's military affairs writer; A Miami Herald review has exonerated reporter Carol Rosenberg of sexual-harassment and verbal-abuse allegations": This article appears today in The Miami Herald.
Posted at 12:38 PM by Howard Bashman


"White House Counsel's Job at Stake": Today in The Wall Street Journal, Evan Perez has an article that begins, "Obama administration officials are holding discussions that could result in White House counsel Gregory Craig leaving his post, following a rocky tenure, people familiar with the matter said."
Posted at 10:35 AM by Howard Bashman


"Senate opens debate on Sotomayor for Supreme Court": The Associated Press has this report.

C-SPAN2 provides live coverage of the U.S. Senate, and you can view the proceedings online by clicking here.
Posted at 10:30 AM by Howard Bashman



Monday, August 3, 2009

"3rd Circuit Upholds 10-Year Internet Ban in Child Porn Case": Shannon P. Duffy will have this article Tuesday in The Legal Intelligencer.

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 11:14 PM by Howard Bashman



"Senate set to begin Sotomayor debate; The NRA is urging senators to vote against the Supreme Court nominee; But her confirmation looks certain": David G. Savage and James Oliphant will have this article Tuesday in The Los Angeles Times.

Tuesday's edition of USA Today will report that "Republican support for Sotomayor looks paltry."

And at CQ Politics, Seth Stern reports that "Yesterday's Spats Shadow Today's Court Debates."
Posted at 11:04 PM by Howard Bashman



"Va., N.Y. Districts Vie for 9/11 Case; U.S. Attorneys Seek Mohammed Trial": Tuesday's edition of The Washington Post will contain an article that begins, "The U.S. attorney's offices in Alexandria and Manhattan are embroiled in intense competition over the opportunity to prosecute Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11, 2001, attacks, and his co-conspirators, according to Justice Department and law enforcement sources." The newspaper will also contain an article headlined "Victims' Families United in Tragedy, Divided in Views; Politicized by Attacks, They Differ Widely on U.S. Anti-Terrorism Policies."

And The Kansas City Star has a news update headlined "'We don't want them here,' Brownback says about Gitmo detainees."
Posted at 10:54 PM by Howard Bashman



"Obama Brief on State Secrets Rankles the Left": Adam Liptak will have this new installment of his "Sidebar" column Tuesday in The New York Times.
Posted at 10:42 PM by Howard Bashman


"Off the Bench, Souter Leaves Farmhouse Behind": This article will appear Tuesday in The New York Times.

And this past Saturday's edition of The Concord (N.H.) Monitor contained an article headlined "Souter moving to Hopkinton; Neighbor: He needed house to hold up library."
Posted at 10:40 PM by Howard Bashman



"Court rules employer did not violate workers' privacy; The California Supreme Court left worker privacy rights intact but ruled against the plaintiffs because the camera installed by the Pasadena firm was turned on only when workers were not present": Maura Dolan of The Los Angeles Times has this news update.

You can access today's ruling of the Supreme Court of California at this link.
Posted at 10:32 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "McCain to oppose Sotomayor for Supreme Court" and "Nevada Supreme Court considers releasing Simpson."
Posted at 03:40 PM by Howard Bashman


National Journal columnist Stuart Taylor Jr. discussed the Sotomayor nomination on today's broadcast of C-SPAN's "Washington Journal": You can view the segment online by clicking here.
Posted at 02:40 PM by Howard Bashman


"Justice Souter, On the Move": Newly retired Justice David H. Souter will no longer be living at the legendary Souter farmhouse in Weare, New Hampshire,Tony Mauro reports in this post at "The BLT: The Blog of Legal Times."
Posted at 12:10 PM by Howard Bashman


"Keller to attack credibility of defense lawyers at her trial; Judge to dispute tale of computer problems causing delay": Yesterday in The Austin American-Statesman, Chuck Lindell had an article that begins, "Judge Sharon Keller, facing potentially career-ending charges that she improperly closed her court to a death row appeal, will argue that defense lawyers fabricated -- or at least exaggerated -- computer problems the day Texas executed Michael Richard."
Posted at 12:02 PM by Howard Bashman


The Associated Press is reporting: An article reports that "Lawyers emerge as the winner in Ford settlement."

And in other news, "Nevada Supreme Court to weigh OJ release on appeal." The Supreme Court of Nevada notes at this link that the hearing can be viewed live via webcast by clicking here at 1 p.m. eastern time, 10 a.m. pacific time.
Posted at 11:55 AM by Howard Bashman



Sunday, August 2, 2009

"New Detainee Site In U.S. Considered; Facility Would Contain Courtrooms, House Some Guantanamo Prisoners": This article will appear Monday in The Washington Post.

And today in The Miami Herald, Carol Rosenberg has an article headlined "Emptying Guantanamo camps, one deal at a time; Despite the determination of U.S. officials and the goodwill of some foreign nations, President Barack Obama's plan to close the Guantanamo prison camps by January still has a long way to go."
Posted at 10:22 PM by Howard Bashman



"Court: Mass. can deny jailed felons right to vote." The Associated Press has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the First Circuit issued on Friday.

At his "Election Law Blog," law professor Rick Hasen has a post titled "Felon Disenfranchisement Issue Heading to the Supreme Court?"
Posted at 08:20 PM by Howard Bashman



"Sonia Sotomayor is latest cultural icon to come out of the Bronx": This article appears today in The New York Daily News.

The Associated Press reports that "McCain undecided on vote for Sotomayor."

And today in The Philadelphia Inquirer, law professor John Yoo has an op-ed entitled "Sotomayor vote based on ideology, not race."
Posted at 06:45 PM by Howard Bashman



"An Activist Itch On Campaign Finance Law": Columnist Ruth Marcus has this op-ed today in The Washington Post.
Posted at 06:40 PM by Howard Bashman


"Retired Supreme Court Justice David Souter worried about lack of civics knowledge; Bar Association hosts retired justice": This article appears today in The Chicago Tribune.

Abdon M. Pallasch of The Chicago Sun-Times today has an article headlined "Many in dark about judiciary: Souter."

The Associated Press reports that "Retired justice urges rebirth of civic education."

And "The BLT: The Blog of Legal Times" has a post titled "An independent judiciary if we can keep it: Souter issues warning."

You can view the video of retired Justice David H. Souter's remarks by clicking here.
Posted at 06:33 PM by Howard Bashman



"Lefkow addresses judge safety at Bar Association convention": Abdon M. Pallasch has this article today in The Chicago Sun-Times.

The Associated Press reports that "Tragedy struck after judge put off security system."

And "The BLT: The Blog of Legal Times" has a post titled "The reality of threats: Lefkow urges her fellow judges to add security."
Posted at 06:27 PM by Howard Bashman



Saturday, August 1, 2009

"Sotomayor, Gates And Race: Sotomayor and Gates share a habit of drawing dubious lessons about race from their own experiences." Stuart Taylor Jr. has this essay online at National Journal.

And The Associated Press has reports headlined "NRA falls short in bid to block Sotomayor" and "Texas Sen. Hutchison explains no vote on Sotomayor."
Posted at 05:33 PM by Howard Bashman



"Court gives Santeria priest OK to sacrifice goats": The Associated Press has this report about a ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 05:10 PM by Howard Bashman


"Appeals Court Sets Rehearing on Ruling That Eased Gun Restrictions": John Schwartz had this article yesterday in The New York Times.
Posted at 05:04 PM by Howard Bashman


"Supreme Court Asked to Take Certified Question for Only Fifth Time in Six-Plus Decades": Marcia Coyle of The National Law Journal has this report.

My earlier coverage of Thursday's en banc Fifth Circuit order appears at this link.
Posted at 05:02 PM by Howard Bashman



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