How Appealing

Friday, April 30, 2010

"These facts present a novel question of law: when an owner of a computer consents to its seizure, does that consent include the computer's hard drive even when it was installed by another who claims ownership of it and objects to its seizure?" A three-judge panel of the U.S. Court of Appeals for the Third Circuit issued this ruling today.
Posted at 10:54 PM by Howard Bashman


"Rare Breed Now: A Justice Who Wasn't a Judge." Adam Liptak will have this front page article Saturday in The New York Times.
Posted at 10:42 PM by Howard Bashman


"California loses fight to end prison oversight": The Associated Press has a report that begins, "The Schwarzenegger administration lost a legal fight Friday to end oversight of California's prison health care system. A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that a federal judge can continue with a court-appointed receiver to improve inmate medical care."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:27 PM by Howard Bashman



"Obama interviews Thomas, Garland for high court": The Associated Press has this report.
Posted at 05:06 PM by Howard Bashman


"Judge Keller fined $100,000 for reporting lapse": Chuck Lindell of The Austin American-Statesman has a blog post that begins, "Sharon Keller, presiding judge of the state's highest criminal court, has been fined $100,000 by the Texas Ethics Commission for failing to fully report her income and property holdings on annual personal financial statements."

And The Houston Chronicle has a news update headlined "Ethics Commission hits Keller with record fine."

You can access the final order of the Texas Ethics Commission at this link.
Posted at 12:28 PM by Howard Bashman



"In Tribute to Kennedy, SG Kagan Reveals Her 'Look of Panic' in First Argument": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 12:20 PM by Howard Bashman


Second Circuit vacates the preliminary injunction against the publication, advertising, or distribution of the book "60 Years Later: Coming Through the Rye" and remands for further proceedings: Author J.D. Salinger may have died, but litigation that he initiated lives on. You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.

In early news coverage, The Associated Press has a report headlined "NY court: Swedish author likely to lose fight."
Posted at 10:35 AM by Howard Bashman



"Crush Democracy but Save the Kittens: Justice Alito's double standard for the First Amendment." Law professor Richard L. Hasen, author of the "Election Law Blog," has this jurisprudence essay online at Slate.
Posted at 10:24 AM by Howard Bashman


"ABC News Poll: Public Gives President Obama Latitude in Supreme Court Nomination; Two-thirds Say They're Comfortable Having Obama Make the Choice." ABCNews.com has this report.

In today's edition of The Washington Post, Robert Barnes and Jennifer Agiesta report that "Poll affirms a vote for judicial know-how."

CNN.com has reports headlined "Sources: White House officials urging liberal pick for court vacancy" and "Obama meets with Supreme Court candidate Sidney Thomas."

Reuters reports that "Judge from Montana interviewed for Supreme Court."

And U.S. News & World Report has an article headlined "White House Expects Battle Over Supreme Court Nominee; Advisers say Obama's pick will draw controversy no matter who he chooses."
Posted at 08:30 AM by Howard Bashman



"Obama Says Liberal Courts May Have Overreached": Charlie Savage and Sheryl Gay Stolberg have this article today in The New York Times.
Posted at 08:17 AM by Howard Bashman


Thursday, April 29, 2010

"AP source: Obama interviews Thomas for high court." The Associated Press has this report. Apparently President Obama has identified what the U.S. Supreme Court has been lacking -- two Justices with the same last name serving on the Court at the same time.
Posted at 09:00 PM by Howard Bashman


"Robert Henry, 10th Circuit's chief appeals judge, steps down": The Oklahoman has a news update that begins, "Robert H. Henry announced today that he is stepping down as chief judge of the 10th Circuit Court of Appeals in Denver, effective midnight Friday. Judge Mary Beck Briscoe, who is based in Kansas, will be the new chief judge, according to a news release."

According to her official biography at the Federal Judicial Center's web site, Circuit Judge Mary Beck Briscoe, before joining the Tenth Circuit, had served as chief judge of the Kansas Court of Appeals. Additional information appears at the Tenth Circuit's web site.
Posted at 08:52 PM by Howard Bashman



"Senate Judiciary panel wants court TV coverage": The Associated Press has a report that begins, "The Supreme Court would televise many of its public sessions and cameras would be permitted in lower federal courts, at a judge's discretion, if the Senate Judiciary Committee has its way."

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Senate Committee Advances Federal Court Camera Access."
Posted at 05:54 PM by Howard Bashman



"Showdown at Guantanamo: Khadr won't come to court." Carol Rosenberg of The Miami Herald has this news update.

And The Washington Post has a news update headlined "Military tribunal opens hearings on Guantanamo detainee Omar Khadr."
Posted at 03:14 PM by Howard Bashman



"Mojave symbol should stay, high court rules; Clarity in San Diego case elusive": Greg Moran has this article today in The San Diego Union-Tribune.

Today's edition of The Press-Enterprise of Riverside, California reports that "Mojave Desert cross can remain on public land, at least for now."

David G. Savage of The Los Angeles Times reports that "Supreme Court allows Mojave war memorial cross; It narrowly rules that the 1st Amendment calls for a middle-ground 'policy of accommodation' toward religious displays on public land, not a total ban on symbols of faith."

Robert Barnes of The Washington Post reports that "Supreme Court overturns objection to cross on public land."

Joan Biskupic of USA Today reports that "Ruling revives efforts for cross on public land."

Jess Bravin of The Wall Street Journal reports that "Court Says Cross Can Remain; Mojave Desert Icon Is Deemed More Veterans' Memorial Than Religious Symbol."

The Washington Times reports that "Mojave Cross can stay on display in California; Supreme Court defends public religious symbol."

Tony Mauro of The National Law Journal reports that "Divided High Court Lets Mojave Cross Memorial Stand." And online at the First Amendment Center, Mauro has an analysis headlined "Legal fight over Mojave cross continues."

On today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "Mojave Cross Ruling Shows A Supreme Court Shift." And on yesterday evening's broadcast of "All Things Considered," Totenberg had an audio segment entitled "Supreme Court: Cross Can Stay On Federal Land."
Posted at 02:55 PM by Howard Bashman



"Elena Kagan Endorsed Controversial Bush Nominees": Sam Stein has this item at "The Huffington Post."
Posted at 01:45 PM by Howard Bashman


"Ninth Circuit Judge Harry Pregerson to Receive University of California Award": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release.
Posted at 01:30 PM by Howard Bashman


"Federal appeals Judge Rosemary Pooler recuperates in University Hospital": This article appeared last Saturday in The Post-Standard of Syracuse, New York.
Posted at 01:20 PM by Howard Bashman


"D.C. delegate: Obama unlikely to pick African-American for Supreme Court." The Hill has this report.

Newsweek has posted online an item headlined "Judiciary Advice for Obama: Our distinguished panel of experts makes the case for their favorite candidates to succeed John Paul Stevens on the U.S. Supreme Court."

The "Room for Debate" blog of The New York Times offers responses to the question "Who Should Be the Next Justice?"

And at the web site of The Christian Science Monitor, Seth Stern has this review of the new book "John Paul Stevens: An Independent Life" by Bill Barnhart and Gene Schlickman.
Posted at 10:22 AM by Howard Bashman



"Judge Has Record on Abortion Issue": In today's edition of The Wall Street Journal, Nathan Koppel has an article that begins, "Recent Supreme Court nominees have come before the Senate with such slim records on abortion that their views were anybody's guess. Not so with Diane Wood, a Chicago federal appellate judge who is on the White House's short list of candidates for the latest high-court vacancy."

And today in The Los Angeles Times, columnist Meghan Daum has an op-ed entitled "The Supreme Court could use an oboist: Judge Diane P. Wood plays the oboe; What better quality can there be in a potential nominee to the Supreme Court?"
Posted at 10:08 AM by Howard Bashman



"States test abortion limits": Politico.com has this report.

The Oklahoman reports today that "Hearing set on Oklahoma abortion lawsuit; On law's first day, one clinic reports no one changed course after an ultrasound was performed."

The Tulsa World reports today that "Tulsa clinic complying with law; But the clinic is involved in challenging a state law requiring ultrasounds before abortions."

The Associated Press has reports headlined "Oklahoma pushes legal limits on taxpayers' dime" and "Clinic: New Okla. abortion law hard on patients."

The Advocate of Baton Rouge, Louisiana contains a front page article headlined "Senate panel alters, backs abortion bill; One mandate on ultrasound dropped."

And The Miami Herald contains an article headlined "Senate advances conservative agenda; The state Senate veered right and prepared to vote on abortion, school prayer and redistricting."
Posted at 10:00 AM by Howard Bashman



"Federal Appeals Court Nominee Faces Tough Questioning": Today's edition of The Hartford Courant contains an article that begins, "Federal appeals court nominee Robert N. Chatigny was battered Wednesday by U.S. Senate Republicans, who subjected him to nearly two hours of criticism over his handling of a legal hearing five years ago that postponed the execution of serial killer Michael Ross."

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "GOP Senators Hammer Nominee on Death Penalty Case."
Posted at 09:47 AM by Howard Bashman



"Obama warns of a 'conservative' judicial activism": The Associated Press has this report.

And "The Caucus" blog of The New York Times has a post titled "Up in the Air, Obama Meets the Press."
Posted at 09:38 AM by Howard Bashman



Wednesday, April 28, 2010

"What's Your Sign? A Supreme Court case that puts Scalia and gay rights advocates on the same side." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 08:50 PM by Howard Bashman


"Justices' Ruling Blocks Cross Removal": Adam Liptak will have this article Thursday in The New York Times.

Warren Richey of The Christian Science Monitor reports that "Vets win Supreme Court victory in 'Mojave cross' case; The cross on a desert hilltop in the Mojave National Preserve in California has stood since 1934. Opponents say having the Mojave cross on public land violates the constitutional prohibition on government endorsement of religion."

And Bill Mears of CNN.com reports that "High court rules cross doesn't violate separation of church and state."
Posted at 08:32 PM by Howard Bashman



"Conservative group doesn't sway Scalia in ballot signature case": Les Blumenthal of McClatchy Newspapers has this report.

And The Seattle Times has a news update headlined "Supreme Court skeptical on keeping Ref. 71 petition names secret: Democracy takes 'civic courage.'"
Posted at 08:22 PM by Howard Bashman



"New war court manual reaches Guantanamo": Carol Rosenberg of The Miami Herald has this news update.
Posted at 08:14 PM by Howard Bashman


"Jury sides with SM company in love-doll case": The North County Times of Escondido, California has a news update that begins, "A Valley Center man must pay nearly $300,000 to his former employer after breaking away to start his own love-doll company, a Vista Superior Court jury decided Wednesday."

Earlier, the newspaper reported that "'Love doll' entrepreneurs battle in North County court."
Posted at 08:12 PM by Howard Bashman



"Stevens hears last argument as justice": Jesse J. Holland of The Associated Press has this report.
Posted at 05:10 PM by Howard Bashman


"On Supreme Court's Final Argument Day, First Amendment Dominates": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 02:15 PM by Howard Bashman


"Much ado about a little cross": Lyle Denniston has this post at "SCOTUSblog."
Posted at 02:13 PM by Howard Bashman


"NJ court agrees to hear US senator recall case": The Associated Press has a report that begins, "New Jersey's highest court has agreed to hear the case of a tea party group seeking to recall one of the state's U.S. senators."
Posted at 02:08 PM by Howard Bashman


"Supreme Court supports cross on federal land in Calif." Robert Barnes of The Washington Post has this news update.
Posted at 01:58 PM by Howard Bashman


"Jessica Seinfeld wins NY culinary copycat claim": The Associated Press has this report on a non-precedential ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:50 PM by Howard Bashman


"Without Scalia, whither anonymity?" At "SCOTUSblog," Lyle Denniston has a post that begins, "Justice Antonin Scalia, using history, sarcasm and political taunts, laid down a barrage of objections Wednesday to a plea that the Supreme Court create a new constitutional right of anonymity for individuals who sign petitions to get policy measures onto election ballots."

And Jesse J. Holland of The Associated Press reports that "Court skeptical on keeping signers' names private."
Posted at 11:50 AM by Howard Bashman



"Supreme Court says Mojave cross can stand; In a divided ruling, the justices rule that the 1st Amendment calls for 'accommodation' of religious displays on public land rather than strict separation of church and state": David G. Savage of The Los Angeles Times has this news update.

And Greg Stohr of Bloomberg News reports that "Cross in National Preserve Backed by U.S. High Court."
Posted at 11:45 AM by Howard Bashman



"This is another case brought by Michigan trial attorney and politician Geoffrey Fieger regarding his feud with several justices of the Michigan Supreme Court." So begins an opinion that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 10:28 AM by Howard Bashman


Access online today's ruling of the U.S. Supreme Court in an argued case: The Court today issued its ruling in Salazar v. Buono, No. 08-472, the case involving the Mojave cross.

You can access the Court's ruling at this link and the oral argument transcript at this link.

Justice Anthony M. Kennedy announced the judgment of the Court and delivered an opinion in which the Chief Justice joined and Justice Samuel A. Alito, Jr. joined in part. The Chief Justice issued a concurring opinion. Justice Alito issued an opinion concurring in part and concurring in the judgment. Justice Antonin Scalia issued an opinion concurring in the judgment, in which Justice Clarence Thomas joined. Justice John Paul Stevens issued a dissenting opinion, in which Justices Ruth Bader Ginsburg and Sonia Sotomayor joined. And Justice Stephen G. Breyer issued a dissenting opinion.

In early news coverage, The Associated Press reports that "High court says Mojave cross in Calif. can remain."

Update: It is interesting to note that the case will now be remanded for the district court to conduct proceedings that a majority of the Justices view as unnecessary or inappropriate.
Posted at 10:04 AM by Howard Bashman



"Court: Oneida Indian Nation can ignore tax collector." Today's edition of The Post-Standard of Syracuse, New York contains an article that begins, "When the U.S. Supreme Court ruled in 2005 that the Oneida Indian Nation had to pay property taxes, much of Madison and Oneida counties rejoiced. A federal appeals court on Tuesday, however, stripped the counties of the power to actually collect those taxes. A panel of the 2nd Circuit Court of Appeals said that, while the tribe might owe taxes, it can't be taken to court because it's sovereign."

The Oneida Daily Dispatch reports today that "Court rules that Madison and Oneida counties can't foreclose on Oneida Indian Nation land."

And The Utica Observer-Dispatch contains an article headlined "US judges: Counties can't foreclose on Oneidas."

You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 08:40 AM by Howard Bashman



"Calif. Justices Sharply Divided in Arbitration Ruling": Mike McKee of The Recorder has this report.

My earlier coverage of Monday's California Supreme Court ruling appears at this link.
Posted at 08:32 AM by Howard Bashman



"Mayer Brown Not Liable for Losses of Refco Investors, 2nd Circuit Decides; Lawsuit is one of three against the law firm that has been dismissed in the Southern District of New York; another suit is still pending": Mark Hamblett has this article today in the New York Law Journal.

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 08:27 AM by Howard Bashman



"Ninth Circuit Nuttiness: A ruling that only plaintiffs attorneys could love." This editorial appears today in The Wall Street Journal. You can freely access the full text of the editorial via Google News.
Posted at 08:25 AM by Howard Bashman


"Top court candidates differ on use of presidential power; Elena Kagan seems to have the broadest view, which worries some liberal legal analysts": David G. Savage has this article today in The Los Angeles Times.

In today's edition of The New York Times, Charlie Savage has an article headlined "How Bombing Case Helped Shape Career of a Potential Justice."

In Monday's edition of The Washington Post, columnist E.J. Dionne Jr. had an op-ed entitled "The right court fight."

And at Salon.com, Glenn Greenwald has a blog post titled "Larry Lessig's 'case for Kagan' is the opposite."
Posted at 08:20 AM by Howard Bashman



"High court rules with investors in lawsuit against Merck": This article appears today in The Philadelphia Inquirer.

And Tony Mauro of The National Law Journal reports that "Justices Give Boost to Securities Fraud Plaintiffs in Merck Ruling."
Posted at 08:14 AM by Howard Bashman



Tuesday, April 27, 2010

What effect, if any, does the withdrawal of a timely-filed post-judgment motion have on the time to appeal from the judgment in a civil case in federal court? A divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued this interesting decision today.

I believe that Circuit Judge Carlos F. Lucero's dissenting opinion -- which argues that the notice of appeal was timely or, at worst, premature -- has the better of this argument.
Posted at 10:07 PM by Howard Bashman



"Oklahoma abortion bills become law": The Oklahoman has this news update.

And The Associated Press reports that "Abortion-rights group sues to block Okla. bill."
Posted at 08:20 PM by Howard Bashman



"Getting His Clerkship: How Winning a Coin Flip (Among Other Things) Led John Paul Stevens to Become a Law Clerk to Justice Wiley Rutledge." Law professor John Q. Barrett has this interesting post today at "SCOTUSblog."
Posted at 08:14 PM by Howard Bashman


Second Circuit determines whether a corporation's outside counsel can be liable for false statements that those attorneys allegedly create, but which are not attributed to the law firm or its attorneys at the time the statements were disseminated: Today's ruling affirms the dismissal of a securities fraud lawsuit that sought to hold the Mayer Brown law firm liable for matters that allegedly occurred during its representation of the now-bankrupt brokerage firm Refco Inc.
Posted at 02:50 PM by Howard Bashman


"Supreme Court questions ban of biotech alfalfa": The Associated Press has this report.
Posted at 01:30 PM by Howard Bashman


"Selecting Stevens' Successor; Politics recedes as a critical factor": Tom Goldstein has this lengthy post today at "SCOTUSblog."
Posted at 01:27 PM by Howard Bashman


"Key GOP Backing May Help Obama Nominee From Connecticut": Today's edition of The Hartford Courant contains an article that begins, "Strong support from influential Republicans with ties to the Justice Department appears to have substantially weakened partisan opposition to President Barack Obama's nomination of Hartford District Judge Robert N. Chatigny to the U.S. 2nd Circuit Court of Appeals."
Posted at 01:24 PM by Howard Bashman


"Court seems eager to tackle violent video games": Tony Mauro has this analysis online at the First Amendment Center.
Posted at 01:22 PM by Howard Bashman


Today's ruling of the U.S. Supreme Court in argued cases: The Court today issued two opinions in argued cases.

1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Stolt-Nielsen S.A. v. AnimalFeeds Int'l Corp., No. 08-1198. The vote was 5-3 to reverse. The Chief Justice and Justices Antonin Scalia, Anthony M. Kennedy, and Clarence Thomas joined in the majority opinion. Justice Ruth Bader Ginsburg issued a dissenting opinion, in which Justices John Paul Stevens and Stephen G. Breyer joined. Justice Sonia Sotomayor did not take part in the ruling. You can access the oral argument transcript at this link.

2. And Justice Breyer delivered the opinion of the Court in Merck & Co. v. Reynolds, No. 08-905. The vote was 9-0 to affirm. The Chief Justice and Justices Kennedy, Ginsburg, Alito, and Sotomayor joined in the majority opinion. Justice Stevens issued an opinion concurring in part and concurring in the judgment. And Justice Scalia issued an opinion concurring in part and concurring in the judgment, in which Justice Thomas joined. You can access the oral argument transcript at this link.

In early news coverage, The Associated Press reports that "Court says Vioxx lawsuits can proceed."
Posted at 10:06 AM by Howard Bashman



"High court takes video game case; Calif. wants restriction on 'deviant' images": Joan Biskupic has this article today in USA Today.

And in today's edition of The San Jose Mercury News, Howard Mintz and Troy Wolverton report that "U.S. Supreme Court to consider California's violent video game law."
Posted at 08:37 AM by Howard Bashman



"Wal-Mart Gender Case Divides Court": This article appears today in The New York Times.

The Washington Post reports today that "Appeals court upholds women's right to sue Wal-Mart for alleged discrimination."

The Wall Street Journal reports that "Bias Suit Advances Against Wal-Mart." You can freely access the full text of the article via Google News.

Financial Times reports that "Walmart to seek lawsuit review."

Dan Levine of The Recorder reports that "9th Circuit OKs Huge Wal-Mart Class."

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Wal-Mart To Face Massive Discrimination Lawsuit."

My earlier coverage of yesterday's en banc Ninth Circuit ruling appears here and here.
Posted at 08:33 AM by Howard Bashman



"The First Amendment and Kittens": Stanley Fish has this post at the "Opinionator" blog of The New York Times.
Posted at 08:22 AM by Howard Bashman


"Federal Circuit Reverses $4.3 Million Sanction Against McDermott and Medtronic; Though vitiating a Colorado federal judge's order, the Federal Circuit panel made a point of noting that judges should still rule their courtrooms as they see fit": law.com has this report.

My earlier coverage of yesterday's Federal Circuit ruling appears at this link.
Posted at 08:20 AM by Howard Bashman



"Breathing While Undocumented": Linda Greenhouse has this op-ed today in The New York Times.
Posted at 07:50 AM by Howard Bashman


"Jailbirds Order Up Hot Wings; Junk Food Lifts Inmates' Spirits, Prison Revenue, but Envy and Diet Are Concerns": Today's edition of The Wall Street Journal contains an article that begins, "In a bid to raise cash and keep the peace in crowded jails, wardens nationwide are offering inmates the chance to order meatball subs, cheeseburgers, chicken parmesan--even a 'Pizza and Wings Party Pack,' complete with celery, blue cheese and a Pepsi. The program goes beyond the old-fashioned prison commissary, with its cup-a-soups and bags of chips, and it can be quite lucrative for corrections departments."
Posted at 07:48 AM by Howard Bashman


"Possible court nominee had ties with Goldman; Solicitor General Kagan served on advisory panel": This article appears today in USA Today.

Today's edition of The Wall Street Journal reports that "Kagan's Harvard Stint Could Be Selling Point; Record as Conciliator in Law-School Post May Help Win Republican Support for Potential Supreme Court Nomination."

Bloomberg News reports that "Some Democrats Urge Obama to Avoid Fight Over High Court Choice."

In yesterday's edition of The Philadelphia Inquirer, law professor Craig Green had an op-ed entitled "Left's answer to John Roberts: As with the chief justice, a nomination of Merrick Garland to the high court would be hard to fight." Green clerked for Garland on the D.C. Circuit.

And at "SCOTUSblog," Tom Goldstein has a lengthy post titled "The Potential Nomination of Merrick Garland: Analysis of his record."
Posted at 07:36 AM by Howard Bashman



"Terror suspect's confessions at issue; Canadian Omar Khadr heads for a military commission, where a judge will decide whether to allow his confessions to be used during his summertime war-court trial": Carol Rosenberg has this article today in The Miami Herald.
Posted at 07:20 AM by Howard Bashman


Monday, April 26, 2010

"The issue in this case boils down to a simple question: Where's the beef?" So begins an opinion that Circuit Judge Richard C. Tallman issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

A related YouTube video -- not from the Ninth Circuit's official YouTube channel -- can be accessed here.
Posted at 11:08 PM by Howard Bashman



"Oklahoma House overrides vetoes on two anti-abortion bills": The Oklahoman has this news update.

And The Associated Press reports that "Okla. House overrides abortion restrictions vetoes."
Posted at 10:50 PM by Howard Bashman



"Justices to Consider Law Limiting the Sale of Violent Video Games": Adam Liptak will have this article Tuesday in The New York Times.

In Tuesday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court to enter fight over violent video games."

And in Tuesday's edition of The Los Angeles Times, Ben Fritz and David G. Savage will have an article headlined "Supreme Court to hear case on violent video games; The high court agrees to decide whether California and six other states can forbid the sale to minors of video games that show images of humans being maimed, killed or sexually assaulted."
Posted at 10:46 PM by Howard Bashman



"Justice by the Hour: The Supreme Court tangles with mandatory arbitration clauses." Dahlia Lithwick has this Supreme Court dispatch online at Slate.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Rent-A-Center, West, Inc. v. Jackson, No. 09-497.
Posted at 10:33 PM by Howard Bashman



Three-judge Federal Circuit panel vacates notable attorneys' fee award that Senior U.S. District Judge Richard P. Matsch had entered against lawyers from McDermott, Will & Emery in the Medtronic v. BrainLAB case: You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.

Judge Matsch's imposition of sanctions, which the Federal Circuit has now set aside, received much press coverage. The Denver Post reported that "Judge makes lawyers pay for frivolity; With the verdict overturned, two attorneys must pay the others' fees." The Recorder, via law.com, reported that "Federal Judge Blasts Top IP Litigators; Ruling comes in patent fight between medical device companies Medtronic and BrainLAB." And WSJ.com's "Law Blog" had a post titled "Judge Matsch Drops the Gavel on McDermott Lawyers," which linked to the trial court's sanctions ruling.

In an earlier ruling on the merits of the case, the Federal Circuit upheld Judge Matsch's decision setting aside the jury's verdict in favor of Medtronic and granting judgment as a matter of law in favor of BrainLAB.
Posted at 06:00 PM by Howard Bashman



Divided Supreme Court of California expands availability of judicial review of legally erroneous arbitration decisions in employment discrimination cases: You can access today's 4-3 ruling of California's highest court at this link.
Posted at 05:35 PM by Howard Bashman


"Supreme Court to hear case on violent video games; The high court agrees to decide whether California and six other states can forbid the sale to minors of video games that show images of humans being maimed, killed or sexually assaulted": David G. Savage of The Los Angeles Times has this news update.

The San Francisco Chronicle has a news update headlined "Violent video-game ban for kids to get hearing."

Michael Doyle of McClatchy Newspapers reports that "Supreme Court to review ban on sale of violent video games to minors."

Warren Richey of The Christian Science Monitor reports that "Supreme Court to take up sale of violent video games to minors; The Supreme Court will hear arguments on the constitutionality of a ban on the sale of violent video games to minors by the state of California."

Bill Mears of CNN.com reports that "High court accepts case over violent video games."

James Vicini of Reuters reports that "Top court to rule on California video game law."

Greg Stohr of Bloomberg News reports that "Violent Video Game Law Gets Top U.S. Court Hearing."

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Supreme Court Takes on Video Game Sales."
Posted at 05:07 PM by Howard Bashman



"Once-ousted Bush prosecutor promotes Guantanamo war court": Carol Rosenberg of The Miami Herald has a news update that begins, "For hearings on whether U.S. forces tortured confessions out of a Canadian teenager accused of killing an American soldier in Afghanistan, the Pentagon Monday unveiled a new face to advocate military commissions: Fired former Bush-era prosecutor David Iglesias, a key figure in the so-called Attorney-Gate scandal."
Posted at 04:58 PM by Howard Bashman


"High Court Faces Blockbuster Cases as Stevens' Retirement Nears": Marcia Coyle of The National Law Journal has this report.
Posted at 04:43 PM by Howard Bashman


Supreme Court of Pennsylvania asked to decide whether playing Texas hold 'em poker for anything of value constitutes illegal gambling under state law: I have filed this Petition for Allowance of Appeal today in Pennsylvania's highest court.

The trial court's ruling in my clients' favor can be accessed here. Last month's ruling of a divided three-judge panel of the Superior Court of Pennsylvania in favor of the prosecution can be accessed here.
Posted at 04:33 PM by Howard Bashman



"Court: Wal-Mart gender pay lawsuit can go to trial." Bill Mears of CNN.com has this report.

Financial Times reports that "Massive Walmart class action suit to proceed."

And Dow Jones Newswires report that "Wal-Mart Hit With Set-Back In Alleged Sex Discrimination."
Posted at 04:22 PM by Howard Bashman



"WH: No Supreme Court pick this week." The Associated Press has this report.
Posted at 02:15 PM by Howard Bashman


"Court: Wal-Mart to face massive class action suit." The Associated Press has a report that begins, "A divided federal appeals court in San Francisco says Wal-Mart Stores Inc. must face a massive class-action lawsuit that claims the world's largest private employer discriminates against women workers."

Reuters reports that "U.S. court lets Wal-Mart gender bias suit proceed; Appeals court backs class-action for injunctive relief."

And Bloomberg News reports that "Wal-Mart Workers Can Sue as Group in Gender Bias Case."

You can access today's 6-5 ruling of an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:08 PM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link.

The Court granted review in two cases and called for the views of the Solicitor General in one case.

At "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on violent video games."

And in early news coverage, The Associated Press has reports headlined "Court to decide if state can regulate video games"; "Court to hear appeal in guard's sexual assault"; and "Court stays out of Asian carp dispute."
Posted at 10:04 AM by Howard Bashman



"States seek new ways to restrict abortions; Nebraska law leads way as 'free-for-all' erupts": This front page article appears today in USA Today.
Posted at 07:22 AM by Howard Bashman


Sunday, April 25, 2010

"Sensitivity to 'ordinary Americans' a key criterion of court nominees": Robert Barnes and Anne E. Kornblut will have this article Monday in The Washington Post.

Monday's edition of The New York Times will contain an article headlined "In Court Nominees, Is Obama Looking for Empathy by Another Name?"

And The Hill reports that "Black Caucus meeting to plot its strategy for Supreme Court nod."
Posted at 11:14 PM by Howard Bashman



"Court fight looms on new immigration law; Legislation vulnerable to challenge, says expert; supporters argue it's legally sound": This article appears today in The Arizona Republic.
Posted at 03:37 PM by Howard Bashman


"Granholm: I would be 'unconventional' pick for Stevens' Supreme Court seat." The Hill has this blog post today.

And The Associated Press has a report that begins, "Granholm: High court nominee not have to be judge."
Posted at 01:45 PM by Howard Bashman



"Supreme Court takes up Wash. case involving disclosure of petition signatures; The case could decide whether signing a petition for a ballot measure is private or whether the names of signers can be made public": This article appears today in The Seattle Times.

Les Blumenthal of McClatchy Newspapers has an article headlined "Supreme Court case: Do gay rights foes have right to privacy?"

And Harriet Robbins Ost of UPI has an article headlined "U.S. Supreme Court: LGBTs and conservatives ironically switch positions in petition-signing disclosure case."
Posted at 01:42 PM by Howard Bashman



"State's death penalty: a hollow promise? 'The death penalty in California doesn't really exist,' one victim's father says of a system that has been declared dysfunctional by a state commission." The San Diego Union-Tribune contains this article today.
Posted at 01:34 PM by Howard Bashman


"Biotech crops go before Supreme Court this week": This article appears today in The Des Moines Register.
Posted at 01:25 PM by Howard Bashman


"Inside the Ninth Circuit": John Schwartz has this post at "The Bay Area" blog of The New York Times.
Posted at 01:22 PM by Howard Bashman


"U.S. Supreme Court: For some, the hell of what might have been." Michael Kirkland of UPI has this report.
Posted at 10:40 AM by Howard Bashman


"Mardi Gras coconut sets off a legal drama; A woman files a negligence suit after she says she was struck in the head during a New Orleans parade": This article appears today in The Los Angeles Times.
Posted at 10:38 AM by Howard Bashman


"'Liberal' Reputation Precedes Ninth Circuit Court": John Schwartz has this article today in The New York Times.

Today's edition of The Washington Post contains an editorial entitled "Judging Mr. Liu."

And in The San Francisco Chronicle, columnist Debra J. Saunders has an op-ed headlined "Gordon [sic] Liu -- wrong man for the Ninth Circuit."
Posted at 10:36 AM by Howard Bashman



Saturday, April 24, 2010

"Charges dropped against driver who made deer-killing video": This article appeared yesterday in The St. Louis Post-Dispatch.

Yesterday's edition of The Telegraph of Alton, Illinois contained an article headlined "Charges dropped in 'Deer Commander' case; Supreme Court ruling benefits Kampsville man."

And The Associated Press reports that "Ruling aids driver who rammed deer; After precedent, prosecution has to drop charges."
Posted at 07:42 PM by Howard Bashman



"Question to Justice Scalia: Does the Establishment Clause Permit the Disregard of Devout Catholics?" Michael Newdow has written this law review article, which he has posted to SSRN.
Posted at 10:22 AM by Howard Bashman


"Legal Victory Raises Profile of an Atheist Group": The New York Times contains this article today.

The Associated Press reports that "Atheists, religious groups lobby on Day of Prayer."

And today's edition of The Milwaukee Journal Sentinel reports that "Atheist group wants City of Milwaukee to end Good Friday holiday."
Posted at 10:20 AM by Howard Bashman



"'I would like the firing squad, please'; Judge signs execution warrant after hearing legal objections": This article appears today in The Salt Lake Tribune.

The Deseret News reports today that "Ronnie Lee Gardner requests firing squad; execution date set June 18; Judge signs death warrant."

And The New York Times contains an article headlined "'The Firing Squad, Please,' Says Prisoner."
Posted at 10:14 AM by Howard Bashman



"Obama's Supreme Court point man low-key but tough": The Associated Press has this report.

Tony Mauro of The National Law Journal has an article headlined "Pressure Grows to Pick a Nonjudge for the High Court; All nine justices on the current U.S. Supreme Court hail from the federal appellate bench."

And in today's edition of The New York Times, Linda Greenhouse has an op-ed entitled "American (Judicial) Idol."
Posted at 10:09 AM by Howard Bashman



"Despite High Court Denial, Battle Over Bikini Atoll Bombing Endures; Congress may be the next venue for attorney Jonathan Weisgall's 35-year fight on behalf of displaced Bikini Atoll residents": Tony Mauro of The National Law Journal has this report.
Posted at 10:05 AM by Howard Bashman


Friday, April 23, 2010

"Court turns down ACORN request for help": The Associated Press has this report.
Posted at 04:52 PM by Howard Bashman


"'Cushy' Job, or 'Isolated' Hell? Life as a Supreme Court Justice; Former Supreme Court Clerks Reveal Behind-the-Scenes Details of Life as a Justice." Devin Dwyer has this article at ABCNews.com.

The Dallas Morning News reports today that "Obama calls Cornyn about Supreme Court choice."

At the web site of New York magazine, John Heilemann has an essay entitled "The President and the Persuader: Obama doesn't need a progressive on the court; he needs someone who can move it to the left."

And today in The Providence (R.I.) Journal, M.J. Andersen has an op-ed entitled "Outspoken women need not apply."
Posted at 04:15 PM by Howard Bashman



"Garland Born To Be A Judge: Garland has had no cases involving abortion, religion, the death penalty, gay rights, or most other polarizing issues." Stuart Taylor Jr. will have this essay in the April 24, 2010 issue of National Journal.
Posted at 04:08 PM by Howard Bashman


"Top court gives firms like Xerox latitude on pensions": This article appears today in The Democrat and Chronicle of Rochester, New York.
Posted at 04:05 PM by Howard Bashman


"Alito: A Model Supreme Court Justice; In a recent ruling on animal cruelty, he displayed good sense and a willingness to stand alone." Mona Charen has this essay today at National Review Online.
Posted at 04:02 PM by Howard Bashman


"Some Questions About Elena Kagan": Law professor Guy-Uriel Charles has a blog post that begins, "Elena Kagan, currently the Solicitor General of the United States, is widely rumored to be President Obama's top choice to succeed Justice Stevens on the Supreme Court."
Posted at 03:18 PM by Howard Bashman


"The Surrendered Court: Maybe America doesn't want an immobilized judicial branch after all." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 03:14 PM by Howard Bashman


"ACORN asks high court for help in suit over money": The Associated Press has this report.
Posted at 09:50 AM by Howard Bashman


"N.J. court rules blogger is not protected under shield law in porn company defamation case": Today's edition of The Star-Ledger of Newark, New Jersey contains an article that begins, "A blogger sued for defamation because of her writings about a Freehold software company is not a journalist and is not covered by a law that protects them from revealing confidential sources, an appellate court ruled [yesterday]."

You can access yesterday's ruling of the Superior Court of New Jersey's Appellate Division at this link.
Posted at 09:44 AM by Howard Bashman



"Democrats plan to introduce bill to blunt ruling on political spending": This article appears today in The Washington Post.
Posted at 07:52 AM by Howard Bashman


"Democrats Aim to Tap Populist Anger in High-Court Fight": Jess Bravin has this article today in The Wall Street Journal. You can freely access the full text of the article via Google News.

The Detroit Free Press reports today that "Obama considering former Detroit Public Schools teacher as Supreme Court nominee."

And The Detroit News reports today that "Detroit native is on High Court list."
Posted at 07:50 AM by Howard Bashman



Thursday, April 22, 2010

"Potential Supreme Court pick Garland could find foes on left": Friday's edition of The Washington Post will contain an article that begins, "Unlike several other possible candidates to succeed retiring Supreme Court Justice John Paul Stevens, U.S. Court of Appeals Judge Merrick B. Garland probably won't face conservative opposition. Instead, it could be liberals lining up against him."
Posted at 10:42 PM by Howard Bashman


"Courtly Love: Why an affair fails the 'ick' test." Dahlia Lithwick will have this essay in the May 3, 2010 issue of Newsweek.
Posted at 08:25 PM by Howard Bashman


"Goodwin Liu comes through: Liu is well qualified, and his views are well within any definition of 'mainstream' legal thought; He deserves to be confirmed to the 9th Circuit Court of Appeals." This editorial will appear Friday in The Los Angeles Times.

And online at Reason, Damon W. Root has an essay entitled "Fit to Judge: What the Goodwin Liu hearings reveal about the judicial confirmation process."
Posted at 08:22 PM by Howard Bashman



"Government to appeal ruling against Prayer Day": The Associated Press has a report that begins, "The Obama administration said Thursday it will appeal a court decision that found the National Day of Prayer unconstitutional."
Posted at 05:04 PM by Howard Bashman


"The Case For Diane Wood": Scott Lemieux has this post today at the "Lawyers, Guns, & Money" blog.

And at the "Emptywheel" blog, bmaz has a post titled "A Concurrence In The Case Against Elena Kagan."
Posted at 05:00 PM by Howard Bashman



Does your federal appellate court have an official YouTube channel? If you live within the geographical territory of the U.S. Court of Appeals for the Ninth Circuit, the answer is yes. You can access that court's official YouTube channel by clicking here.

The Ninth Circuit has already posted two videos: "A Court for All Seasons"; and "Perfecting Your Appeal -- A Civil Case."
Posted at 04:40 PM by Howard Bashman



"4th Circuit fumbles decision on liquor ads in campus newspapers": Douglas Lee has this commentary online at the First Amendment Center.
Posted at 04:15 PM by Howard Bashman


"Nine Supreme Court justices? Why not stick with eight? There haven't always been nine Supreme Court justices; In 1866, Congress reduced the Supreme Court to eight justices in protest against President Andrew Johnson." Peter Grier of The Christian Science Monitor has this report.
Posted at 04:08 PM by Howard Bashman


"Tough enforcement against illegal immigrants is decried; Advocates say the deportation case against one Nevada couple highlights the continued harassing of many who pose no threat -- despite Obama's promises to target bad actors and help legalize others": Today's edition of The Los Angeles Times contains an article that begins, "When the Obama administration went before California's 9th Circuit Court last year seeking to deport a middle-class couple from Nevada, one judge criticized the government's case as 'horrific.' Another labeled it the 'most senseless result possible.' A third complained of 'an extraordinarily bad use of government resources.'"
Posted at 03:57 PM by Howard Bashman


"Congressman tries again on animal cruelty law; Rep. Elton Gallegly introduces a narrower bill after the Supreme Court rejects a 1999 law that made it a federal crime to sell so-called animal crush videos": The Los Angeles Times contains this article today.
Posted at 03:54 PM by Howard Bashman


"Judge Who Sentenced Madoff Confirmed to 2nd Circuit": At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "The U.S. Senate today unanimously confirmed Judge Denny Chin to the U.S. Court of Appeals for the 2nd Circuit, as Democrats continued to inch through a backlog of lower-court judicial nominees."
Posted at 03:42 PM by Howard Bashman


Programming note: I'll be attending the oral argument of post-trial motions midday today in a case I'm working on that will soon be heading to appeal. Additional posts will appear here later this afternoon.
Posted at 10:03 AM by Howard Bashman


"Obama Meets With Senators in Effort to Speed Court Choice": This article appears today in The New York Times.

The Chicago Tribune reports today that "2nd Chicago judge in the mix for Supreme Court nominee; Ann Claire Williams is the first African-American to serve on 7th U.S. Circuit Court of Appeals."

In USA Today, Joan Biskupic reports that "'Short list' for court picks shows ties to Obama; Professional links have been a trend."

James Oliphant of The Los Angeles Times has an article headlined "Why religion could affect Obama's court nomination: With the exit of John Paul Stevens, the court will be without a Protestant for the first time; Catholics dominate; Does it matter?"

The Washington Times reports that "Abortion issue looms over Supreme Court fight; White House, activists gird for reprise of 'huge battle' after health debate."

The Burlington (Vt.) Free Press reports that "Leahy says court will be back to nine by August; Senate has time to confirm whomever Obama picks, lawmaker says."

The Salt Lake Tribune reports that "Obama, Hatch talk pick for top court; Senator has already praised a leading contender."

The Red and Black, the student newspaper of the University of Georgia, reports that "Visiting professor up for Supreme Court job."

And in The Hill, Lanny Davis has an essay entitled "Time for another 'Gang of 14' agreement."
Posted at 10:00 AM by Howard Bashman



"Judicial Bouts Reveal Power of Persuasion": In today's edition of The New York Times, Sheryl Gay Stolberg has a front page article that begins, "There were few liberals and just one woman on the federal appeals court in Chicago when Diane P. Wood, an antitrust expert with a flair for foreign language and an ear for playing the oboe, showed up in the summer of 1995. The chief judge, a scholarly conservative named Richard A. Posner, promptly gave her some advice. The appeals bench, Judge Posner warned, was like 'a system of arranged marriage with no divorce.' His message to his junior colleague was clear: Pick your battles carefully. Compromise when you can."
Posted at 08:36 AM by Howard Bashman


"Justices Put Curbs on Payment for Lawyers": Adam Liptak has this article today in The New York Times.

In today's edition of The Washington Post, Robert Barnes reports that "Supreme Court backs bonuses for lawyers' public interest work."

The Atlanta Journal-Constitution reports that "U.S. Supreme Court rules on Georgia case."

And Tony Mauro and Marcia Coyle of The National Law Journal report that "High Court Hands Lawyers a Mixed Bag in Rulings on Fees, Errors."
Posted at 08:25 AM by Howard Bashman



"Vanaskie's wait over as jurist; Senate confirms Clarks Green resident to seat on U.S. Court of Appeals for 3rd Circuit": This article appears today in The Times Leader of Wilkes-Barre, Pennsylvania.

And The Citizens Voice of Wilkes-Barre reports today that "Vanaskie ascends to federal appeals court bench."
Posted at 08:22 AM by Howard Bashman



Wednesday, April 21, 2010

"Court in NY gives government victory against ACORN": The Associated Press has a report that begins, "A federal appeals court on Wednesday handed the government a victory by temporarily blocking a judge's finding that Congress was wrong to halt federal funding to the activist group ACORN."
Posted at 09:00 PM by Howard Bashman


"U.S. Senate confirms area native Vanaskie to appeals court bench": The Times-Tribune of Scranton, Pennsylvania has a news update that begins, "After 16 years as a federal judge, U.S. District Judge Thomas I. Vanaskie earned promotion Wednesday that friends and colleagues said was richly deserved. The Shamokin native, a descendant of coal miners, is on his way to sitting as a judge on the 3rd U.S. Circuit Court of Appeals. The Senate voted 77-20 on Wednesday to confirm Judge Vanaskie as the court's newest judge."

And The Times Leader of Wilkes-Barre, Pennsylvania has a news update headlined "U.S. Senate confirms Judge Vanaskie."
Posted at 08:33 PM by Howard Bashman



"Justice Breyer: My Wife is Infallible." Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 05:30 PM by Howard Bashman


"Same-sex divorce case to be heard in Dallas on Wednesday": Today's edition of The Fort Worth Star-Telegram contains an article that begins, "The controversial question of whether same-sex couples who marry in other states should be able to divorce each other in Texas - a state that only recognizes marriages between one man and one woman - heats up Wednesday when it goes before an appeals court in Dallas."
Posted at 02:55 PM by Howard Bashman


"Obama seeks court nominee who backs women's rights": The Associated Press has this updated report.
Posted at 02:40 PM by Howard Bashman


"Rendell pushes for merit selection of judges": The Pittsburgh Post-Gazette has a news update that begins, "The recent charges against state Sen. Jane Orie stemming from the 2009 Supreme Court race, combined with the 'explosive' growth in funds spent to elect appellate judges, are strong reasons why Pennsylvania should move to a merit selection system for judges, Gov. Ed Rendell said today."

And The Patriot-News of Harrisburg, Pennsylvania has a news update headlined "Gov. Ed Rendell urges Legislature to allow merit selection of appellate court judges."
Posted at 02:35 PM by Howard Bashman



"Chicagoan joins Supreme Court search": "The Swamp" blog of The Chicago Tribune has a post that begins, "President Barack Obama is casting a wide net in his search for a new Supreme Court nominee, with the White House adding a federal judge from Chicago to its working list and soliciting suggestions from lawmakers in a closed-door session today. Judge Ann Claire Williams, who became the first African-American appellate judge in the federal Seventh Circuit, has joined a working list of about 10 other candidates, the White House confirmed today."
Posted at 02:30 PM by Howard Bashman


"Obama: No litmus tests on abortion for court pick." The Associated Press has this report.
Posted at 12:35 PM by Howard Bashman


"Court says Ga. lawyers can't get extra money": The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "The lodestar as gold standard; Lawyer bonus fee less likely."
Posted at 12:34 PM by Howard Bashman



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

1. Justice Sonia Sotomayor delivered the opinion of the Court in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, No. 08-1200.

2. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Perdue v. Kenny A., No. 08-970.

3. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Conkright v. Frommert, No. 08-810.
Posted at 10:13 AM by Howard Bashman



Tuesday, April 20, 2010

"AP source: Obama talking to possible court picks." The Associated Press has this report.

Bill Mears of CNN.com has a report headlined "Source: Obama having informal talks with Supreme Court candidates."

Reuters reports that "Obama starts talks with possible high court picks."

And Wednesday's edition of The Wall Street Journal will contain an article headlined "Obama Begins Court Interviews." You can freely access the full text of the article via Google News.
Posted at 10:17 PM by Howard Bashman



"Obama congratulates Stevens on 90th birthday": Mark Sherman of The Associated Press has this report.
Posted at 05:48 PM by Howard Bashman


"Justices Void Law Banning Videos of Animal Cruelty": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court voids law aimed at banning animal cruelty videos."

David G. Savage of The Los Angeles Times has a news update headlined "Justices cite free speech in striking down animal-cruelty law; The Supreme Court overturns a law that makes it illegal to sell depictions of animal cruelty; The ruling is a setback for the animal-rights movement."

Jess Bravin of The Wall Street Journal has a news update headlined "Supreme Court Strikes Down Prohibition on Depictions of Animal Cruelty."

James Vicini of Reuters reports that "Supreme Court strikes down animal cruelty law."

Greg Stohr of Bloomberg News reports that "Animal 'Crush Video' Law Voided by U.S. Supreme Court."

And at "SCOTUSblog," Lyle Denniston has a post titled "First Amendment left intact; Animal cruelty videos escape ban."
Posted at 02:08 PM by Howard Bashman



"Senate GOP leaders to meet with Obama on Supreme Court nominee process": This article appears today in The Washington Post.

And in today's edition of The Los Angeles Times, Christopher L. Eisgruber has an op-ed entitled "Justice Stevens will not be easily replaced; American politics and the court have changed too much since the true judicial maverick was appointed in 1975."
Posted at 10:22 AM by Howard Bashman



"Justices Get Personal Over Privacy of Messages": Adam Liptak has this article today in The New York Times.

In USA Today, Joan Biskupic reports that "High court reviews privacy of texts on company gear."

David G. Savage of The Los Angeles Times reports that "Justices hear case of Ontario police officer who sent risque messages; The Supreme Court considers the issue of workplace e-mails and cellphone calls in the case of an officer whose explicit texts were read by his boss."

Warren Richey of The Christian Science Monitor reports that "Supreme Court takes up 'sexting' privacy case; The Supreme Court heard arguments Monday in the case of a California police officer who sued when records from his department-issued pager were submitted to internal affairs; He had used the pager for sending sexually explicit text messages, or 'sexting.'"

The Press-Enterprise of Riverside, California reports that "U.S. Supreme Court begins hearing Ontario v. Quon, an Inland text privacy case."

And Marcia Coyle of The National Law Journal reports that "High Court Justices Consider Privacy Issues in Text Messaging Case."
Posted at 10:18 AM by Howard Bashman



Access online today's ruling(s) of the U.S. Supreme Court in argued cases: The first and only decision announced today is United States v. Stevens, No. 08-769. You can access the Court's ruling at this link and the oral argument transcript at this link. The Chief Justice delivered the opinion of the Court. Justice Samuel A. Alito, Jr. issued a dissenting opinion. The vote to affirm the U.S. Court of Appeals for the Third Circuit's ruling is 8-1.

In early news coverage, The Associated Press reports that "Court voids law aimed at animal cruelty videos."
Posted at 10:05 AM by Howard Bashman



"Supreme Court considers California law school's discrimination policy": Robert Barnes has this article today in The Washington Post.

Today in The Wall Street Journal, Jess Bravin reports that "Justices Joust Over Christian Group's Rights; Dispute Centers on Whether Student Club Can Receive State Funding After Excluding Members Due to Their Beliefs." In addition, columnist William McGurn has an op-ed entitled "Sameness and 'Diversity' on Campus: Why a California dean would force a black group to admit white supremacists." You can freely access the full text of the op-ed via Google News.

In USA Today, Joan Biskupic reports that "Justices split sharply on school's bias policy; Student group wants right to exclude gays."

In The San Francisco Chronicle, Bob Egelko reports that "Hastings defends anti-bias policy at high court."

Michael Doyle of McClatchy Newspapers reports that "Supreme Court appears to back student group's exclusionary rules."

Warren Richey of The Christian Science Monitor reports that "Supreme Court sharply divided on Christian student group case; The Supreme Court heard arguments Monday in the case of a Christian student group that required members to denounce homosexuality; The court appeared split."

The Washington Times reports that "Justices weigh case of clash of beliefs; It's Christians vs. gays, atheists on freedom of association."

Tony Mauro of The National Law Journal reports that "Supreme Court Arguments Turn Heated in Case Over Christian Law Student Group."

James Vicini of Reuters reports that "Supreme Court weighs case of Christian group that bars gays."

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "Court Weighs Rights Of Campus Religious Groups."
Posted at 09:50 AM by Howard Bashman



"3rd Circuit Urged to Revive Class Action Requiring Cell Phone Headsets": Shannon P. Duffy has this article today in The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.
Posted at 09:12 AM by Howard Bashman


Monday, April 19, 2010

"Court allows questions about bawdy chocolate gift in death case": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "The federal appeals court in Atlanta on Monday directed a federal judge to find out why a juror gave bawdy chocolate 'gifts' to a Cobb County judge and a bailiff at the end of a death-penalty case."

You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 10:42 PM by Howard Bashman



"Hug of War: The Supreme Court considers the risks and rewards of forced association." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 10:20 PM by Howard Bashman


"Before Gay Marriage Fight, Clashes on Free Speech": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:12 PM by Howard Bashman


"The long, clear, inspiring record of Diane Wood": Glenn Greenwald has this blog post today at Salon.com.
Posted at 08:40 PM by Howard Bashman


"Reid Promises Showdown on Judicial Nominees": David Ingram has this post today at "The BLT: The Blog of Legal Times."
Posted at 04:35 PM by Howard Bashman


"A pager as an open book; City of Ontario v. Quon, et al., Argument recap": Lyle Denniston has this post at "SCOTUSblog."
Posted at 04:31 PM by Howard Bashman


Access online the transcripts of today's U.S. Supreme Court oral arguments: You can access the argument transcript in Christian Legal Soc. Chapter of Univ. of Cal., Hastings College of Law v. Martinez, No. 08-1371, at this link.

And you can access the argument transcript in Ontario v. Quon, No. 08-1332, at this link.
Posted at 04:30 PM by Howard Bashman



"Court takes up public employees' privacy case": The Associated Press has this report.
Posted at 02:33 PM by Howard Bashman


"State conflict-of-interest law illegally vague, Orie lawyer says": The Pittsburgh Post-Gazette has this news update.

And in Saturday's edition of that newspaper, Paula Reed Ward had an article headlined "PG files appeal over sealed files in Orie investigation."
Posted at 02:30 PM by Howard Bashman



"Big decision on an uncertain record? Christian Legal Society v. Martinez, Argument recap." Lyle Denniston has this post at "SCOTUSblog."
Posted at 02:15 PM by Howard Bashman


"Justice Stevens turns 90; only Holmes was older": Mark Sherman of The Associated Press has this report.
Posted at 01:22 PM by Howard Bashman


"Court splits sharply on campus Christian argument": Jesse J. Holland of The Associated Press has this report.
Posted at 01:20 PM by Howard Bashman


"Tom Goldstein on Elena Kagan's Recusal Obligations": Ed Whelan has this post today at National Review Online's "Bench Memos" blog.
Posted at 01:18 PM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court granted review in four cases and called for the views of the Solicitor General in one case.

The Court's issuance of a GVR in the case captioned Holster v. Gatco, Inc., No. 08-1307, gave rise to a concurring opinion by Justice Antonin Scalia and a dissenting opinion by Justice Ruth Bader Ginsburg, in which Justice Stephen G. Breyer joined.

In early news coverage, The Associated Press reports that "Court to hear fired reservist's appeal"; "High court to look at Costco sale of Swiss watches"; "Court denies Texan's appeal over DA-judge affair"; and "Court turns away Texas murder appeal."
Posted at 10:04 AM by Howard Bashman



"Elena Kagan and Recusal; Parallels drawn to Thurgood Marshall": Tom Goldstein has this post at "SCOTUSblog."

As I previously noted in a post published last Thursday, that day's edition of The Daily Journal of California contained an article by Lawrence Hurley headlined "High Court Nomination For '10th Justice' Would Be Rare."
Posted at 09:03 AM by Howard Bashman



"DOJ moved porn case from Alabama to D.C." Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.
Posted at 08:55 AM by Howard Bashman


"Garland's Openness to 'Learn My Craft' May Lead to High Court": James Rowley and Kristin Jensen of Bloomberg News have this report.

Today in The Chicago Sun-Times, Abdon M. Pallasch has an article headlined "Madigan supremely flattered; Illinois attorney general named as top prospect to fill upcoming high court vacancy."

And The Wilmington (Del.) News Journal reports that "Next justice needs political savvy, Kaufman says; Experience limited to federal courts leads to skewed decisions, senator says."
Posted at 07:50 AM by Howard Bashman



"Top court to hear Inland case on government workers' privacy": This article appears today in The Press-Enterprise of Riverside, California.

Marcia Coyle of The National Law Journal has an article headlined "LoL, BTW ... My Boss Is Monitoring Every Text That I Send, ;)"

msnbc.com has a report headlined "Sexting case raises workplace privacy issues; Technological advances blur line between work and personal lives."

On last Thursday's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "Should Personal Texts From Work Devices Be Private?"

And at "SCOTUSblog," Lyle Denniston has this preview of today's oral argument.
Posted at 07:45 AM by Howard Bashman



"Court to hear arguments on campus Christian group": Jesse J. Holland of The Associated Press has this report.

The Deseret News reports that "Utahns watch as high court tackles on-campus religion issue."

On today's broadcast of NPR's "Morning Edition," Nina Totenberg has an audio segment entitled "Supreme Court To Hear All-Comers Policy Case."

The New York Times contains an editorial entitled "A Case of Discrimination."

The Washington Post contains an editorial entitled "Politically correct, legally wrong."

And The Los Angeles Times contains an editorial entitled "The case of the Christian club: The Supreme Court will decide if the UC Hastings Law School can withhold recognition of a chapter of the Christian Legal Society."
Posted at 07:38 AM by Howard Bashman



"Supreme Court Justice Scalia visits Law School; Former University Law professor discusses originalist approach to constitutional law": This article appears today in The Cavalier Daily.
Posted at 07:28 AM by Howard Bashman


"Supreme Court still resists pressure to televise proceedings": Robert Barnes has this article today in The Washington Post.
Posted at 07:25 AM by Howard Bashman


Sunday, April 18, 2010

"Abortion rulings could bring scrutiny of possible Supreme Court pick Wood": This article will appear Monday in The Washington Post.
Posted at 09:26 PM by Howard Bashman


"How Could The Supreme Court Shift After Stevens? Close legal questions on which his successor might disagree." Tom Goldstein has this post today at "SCOTUSblog."
Posted at 04:33 PM by Howard Bashman


"Defense may take eyewitness expert case to top": Today's edition of The Advocate of Baton Rouge, Louisiana contains an article that begins, "An attorney for the alleged triggerman in the 2006 killing of an Olive Garden restaurant worker said the U.S. Supreme Court will be asked to allow an expert for the defense to testify at trial about the reliability of eyewitnesses."
Posted at 03:00 PM by Howard Bashman


"End special treatment": Today's edition of The Philadelphia Inquirer contains an editorial that begins, "One of the many problems surrounding Pennsylvania's dubious venture into state-approved gambling is how all the legal disputes surrounding casinos get fast-tracked straight to the state Supreme Court."
Posted at 02:40 PM by Howard Bashman


"At UVa, Justice Scalia warns of scholars' agendas, biases": This article appeared yesterday in The Charlottesville Daily Progress.
Posted at 02:38 PM by Howard Bashman


"New chief justice will stick out on court; Democrat will lead six Republicans, then face one in election": Thursday's edition of The Columbus Dispatch contained an article that begins, "Gov. Ted Strickland shook up the Ohio Supreme Court yesterday by naming a Democrat to lead it for the first time since 1986 and forcing two political rivals to work together on rulings for the next eight months."
Posted at 02:35 PM by Howard Bashman


"Supreme Court to consider case against California law school": Robert Barnes has this article today in The Washington Post.

And Warren Richey of The Christian Science Monitor has an article headlined "Do university rules discriminate against student faith groups? In a case to be argued before the US Supreme Court Monday, the Christian Legal Society seeks official recognition by the University of California Hasting College of the Law in San Francisco."
Posted at 02:30 PM by Howard Bashman



"Westboro case will greet new justice; How will Justice John Paul Stevens' retirement affect Snyder v. Phelps?" This article appears today in The Evening Sun of Hanover, Pennsylvania.
Posted at 02:26 PM by Howard Bashman


"Strict new Neb. abortion law faces long legal road": The Associated Press has this report.
Posted at 02:22 PM by Howard Bashman


"The Battle Over the Court: How the right and the left learned to love judicial activism." Law professors Barry Friedman and Jeffrey Rosen have this essay online at The New Republic.
Posted at 12:20 PM by Howard Bashman


"The White House seeks out Kagan defenders": At Salon.com, Glenn Greenwald has this post, part of which responds to a post from Tom Goldstein that I linked to here the other day.
Posted at 12:14 PM by Howard Bashman


"Don't Ask, Don't Tell, Don't Matter: Quit playing the she is/she isn't game with Elena Kagan." Emily Bazelon and Dahlia Lithwick have this essay online at Slate.

And law professor Walter Dellinger has a jurisprudence essay entitled "Elena Kagan Is a Progressive on Executive Power; Look closely at what the Supreme Court shortlister has said about presidential authority."
Posted at 11:50 AM by Howard Bashman



"Why Newer Appointees Offer Fewer Surprises": Adam Liptak has this front page article today in The New York Times. And in that newspaper's Week in Review section, Peter Baker has an article headlined "Obama v. Roberts: The Struggle to Come."

The Washington Post reports today that "Foes may target Kagan's stance on military recruitment at Harvard."

Margaret Talev of McClatchy Newspapers has an article headlined "Does Supreme Court's Harvard-Yale dominance bother Obama?"

Michael Kirkland of UPI reports that "Forces jockey for high court confirmation fight."

And The Associated Press has an article headlined "Clinton: Look beyond judges for high court pick" that begins, "Bill Clinton says someone who hasn't been a judge should be considered for the Supreme Court."
Posted at 11:48 AM by Howard Bashman



Saturday, April 17, 2010

"Fill the lower federal court openings, too: The federal bench now has 103 vacancies out of 858 appeals and district court judgeships." Law professor Carl Tobias will have this op-ed in Monday's issue of The National Law Journal.
Posted at 10:07 AM by Howard Bashman


"Supreme Court justices hear arguments in a case against one of their own": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "State Supreme Court Chief Justice Shirley Abrahamson said Friday that a colleague's ethics case presents a particularly tough challenge for the court, but she hinted that the most drastic action against Justice Michael Gableman was unlikely."
Posted at 10:00 AM by Howard Bashman


"Supreme Court takes up religious group's rights on campus": Michael Doyle of McClatchy Newspapers has this report.

At "SCOTUSblog," Lyle Denniston has this preview of the oral argument.

And tomorrow in The Washington Post, law professor Jonathan Turley will have an op-ed entitled "When it comes to religious groups, who's really facing discrimination?"
Posted at 09:57 AM by Howard Bashman



"Obama judicial nominee Goodwin Liu comes under GOP fire; Republican senators assail Liu's record during a hearing on his nomination for an appeals court; The dispute portends a tough fight to fill the Supreme Court vacancy": James Oliphant has this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that "GOP attacks appeals court nominee Goodwin Liu."

The Washington Post reports that "Senate Judiciary Republicans ask pointed questions of appeals court nominee Goodwin Liu."

Rob Hotakainen of McClatchy Newspapers reports that "California judicial nominee gets a grilling on Capitol Hill."

ABCNews.com has an article headlined "'Daddy, Are You a Judge Yet?' Obama Nominee Takes the Heat; Republican Senators Press Goodwin Liu Over Answers to Questionnaire, Legal Writings."

Bloomberg News reports that "Partisan Battle in U.S. Senate May Imperil Judicial Nominee Liu."

Bill Mears of CNN.com reports that "Republicans give Obama judicial nominee cool reception."

David Ingram of The National Law Journal reports that "GOP Senators Lay Into 9th Circuit Judicial Nominee."

Yesterday evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "GOP Launches Attack On Court Nominee Liu."

And The Wall Street Journal contains an editorial entitled "Berkeley's Judge: A liberal nominee of illiberal temperament."
Posted at 09:52 AM by Howard Bashman



"Obama Weighs Supreme Court Nominees, and Each Potential Battle": Charlie Savage has this article today in The New York Times.

Tony Mauro of The National Law Journal has an article headlined "Supreme Court Watchers Wonder: How Conservative Is Kagan?"

Today's edition of The Wall Street Journal contains an article headlined "Weighing Politicians, Judges as High-Court Nominees." You can freely access the full text of the article via Google News. In addition, law professor Richard W. Garnett has an op-ed entitled "The Minority Court: The only Protestant Supreme Court justice is stepping down; How Jews and Catholics came to own the bench." And law professor John Yoo has an op-ed entitled "The Supreme Court and National Security: After Justice Stevens: The president will nominate a liberal, of course; But he could nominate someone who believes in judicial restraint in the war on terror." You can freely access the full text of Yoo's op-ed via Google News.

The Associated Press reports that "Lessons learned shape Obama's court pick."

And The Harvard Law Record reports that "Supreme Court pick fever for Harvard Law deans; Kagan, Minow both on Obama's shortlist to replace retiring Supreme Court Justice John Paul Stevens."
Posted at 09:34 AM by Howard Bashman



Friday, April 16, 2010

"NYC appeals court hears challenge to wiretap law": The Associated Press has a report that begins, "A civil rights lawyer asked a federal appeals court Friday to restore a lawsuit challenging a law that lets the United States eavesdrop on overseas conversations. A government lawyer disagreed, saying a lower court got it right."
Posted at 04:55 PM by Howard Bashman


The Crash Dummy Movie, Llc. v. Mattel, Inc. That's the caption of a decision that the U.S. Court of Appeals for the Federal Circuit issued today.

"The TTABlog" has this earlier coverage of the case.
Posted at 02:25 PM by Howard Bashman



"Obama judicial nominee faces tough Senate scrutiny": Bill Mears of CNN.com has this report.

The Hill reports that "Republicans attack judicial nominee's writings, experience."

Politico.com has a report headlined "Kyl: Liu's writings 'vicious.'"

And at "The BLT: The Blog of Legal Times," David Ingram has posts titled "Senators Debate Liu's Litigation Experience" and "Liu Contrite as Senate Testimony Begins."
Posted at 02:20 PM by Howard Bashman



"Democrats defend liberal court nominee Goodwin Liu": The Associated Press has this report.
Posted at 11:22 AM by Howard Bashman


"Oboe-Playing Judicial Artist Diane Wood Eyed for High Court": Bloomberg News has this report.

Today's edition of The Billings Gazette contains an article headlined "Thomas' colleagues hail judge's credentials" that begins, "Sidney R. Thomas, a federal appeals court judge from Billings, may not have the traditional Eastern elite background of a Supreme Court justice, but Montanans who work with him say it would be hard to find a better candidate for the highest court."

Today's edition of The Daily Northwestern contains an article headlined "NU law alumnus Justice John Paul Stevens 'hard to replace.'"

Today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "GOP Fires Filibuster Warning Shot On Court Nominee."

The Detroit News contains an editorial entitled "Nomination of Gov. Granholm to U.S. Supreme Court would be an interesting choice."

Finally, at Salon.com, James Doty has an essay entitled "On the Supreme Court, not a lot of respect for Elena Kagan; The solicitor general's appearances before the high court have been marked by unusually brusque treatment." And Mary Ann Sorrentino has an essay entitled "Have you thanked a Supreme Court justice lately? My letter to the justice who authored the Roe v. Wade decision taught me an important lesson about gratitude."
Posted at 10:38 AM by Howard Bashman



"Three Supreme Court Myths: Since the 1970s, the Court has strayed more often to the left of the center than to the right of public opinion." In tomorrow's issue of National Journal, columnist Stuart Taylor Jr. will have this "Opening Argument" essay.
Posted at 10:30 AM by Howard Bashman


"Tom Goldstein, Objective Centrist Poseur": At National Review Online's "Bench Memos" blog, Ed Whelan has this post in response to a post from Tom Goldstein that I linked to here last night.
Posted at 10:25 AM by Howard Bashman


"Breaking Barriers: Edward DuMont, praised by colleagues as 'brilliant,' would be the first openly gay federal appellate judge in the country." Chris Geidner has this article online at the web site of Metro Weekly, Washington, DC's gay & lesbian news magazine.
Posted at 10:11 AM by Howard Bashman


"Feinstein defends Obama court pick against GOP": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "On the eve of Goodwin Liu's confirmation hearing as a federal appeals court judge, Sen. Dianne Feinstein tore into the UC Berkeley law professor's Republican critics Thursday, saying they were smearing him and applying standards they never used for their own party's nominees."

The Associated Press reports that "Liberal court pick ready for Senate GOP grilling."

The Hill reports that "Despite GOP protests, Dems to move forward on Liu nomination."

On today's broadcast of NPR's "Morning Edition," Nina Totenberg has an audio segment entitled "Senate Battle Looms Over Appeals Court Nominee Liu."

And at Politico.com, Eric Liu has an essay entitled "Right uses Liu to frame court debate."

Today's Senate Judiciary Committee confirmation hearing is scheduled to begin at 10 a.m. eastern time.

Update: The Senate Judiciary Committee's live video feed of the confirmation hearing can be accessed at this link. And C-SPAN will also provide live coverage online via this link.
Posted at 08:02 AM by Howard Bashman



"White House complains about CBS News blog post saying that possible Supreme Court nominee is gay": Today in The Washington Post, Howard Kurtz has an article that begins, "The White House ripped CBS News on Thursday for publishing an online column by a blogger who made assertions about the sexual orientation of Solicitor General Elena Kagan, widely viewed as a leading candidate for the Supreme Court."
Posted at 07:48 AM by Howard Bashman


Thursday, April 15, 2010

"Internet Commentary and the Nominations Process; Attacks on Elena Kagan from the right and left": Tom Goldstein has this post at "SCOTUSblog."
Posted at 10:17 PM by Howard Bashman


"What Are Liberal Law Students So Sad About? They have no one to look up to." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:15 PM by Howard Bashman


"Appeals panel: Ohio anti-porn law constitutional." The Associated Press has a report that begins, "A federal appeals panel has ruled that an Ohio law aimed at protecting children from online pornography and predators is constitutional as interpreted by the state Supreme Court."

You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 02:35 PM by Howard Bashman



"Senators Keep Up Sparring Over Nominee's Questionnaire": At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "A day before Goodwin Liu goes before the Senate Judiciary Committee for his confirmation hearing, senators traded barbs over whether the federal appellate nominee has provided them with enough information."
Posted at 01:40 PM by Howard Bashman


"Breyer: Health overhaul could come before court." Mark Sherman of The Associated Press has this report.
Posted at 11:33 AM by Howard Bashman


"[I]n the past dozen years or so, has become the fashion -- moving from the exceptional to the normal -- of our Court for some judges, who were not on the pertinent panel, to file dissents regularly when en banc rehearing is denied." So observed Circuit Judge J.L. Edmondson in an opinion concurring in an order denying rehearing en banc that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.
Posted at 10:44 AM by Howard Bashman


"High Court Nomination For '10th Justice' Would Be Rare": Today in The Daily Journal of California, Lawrence Hurley has an interesting article that begins, "If Elena Kagan replaces Justice John Paul Stevens on the U.S. Supreme Court, as many expect, she would join a select group of former solicitors general who have gone on to be justices. It's surprisingly rare for a solicitor general to be appointed to the court. The last time it happened was in 1967, when Lyndon B. Johnson nominated Thurgood Marshall to the court. Marshall remains one of only two sitting solicitors general to have been nominated."
Posted at 10:30 AM by Howard Bashman


"Stints in Court May Yield Clues to a Style": In today's edition of The New York Times, Adam Liptak has an article that begins, "Two weeks ago, Solicitor General Elena Kagan, a leading contender for appointment to the Supreme Court, presented her sixth argument there. She bantered easily with the justices, and she seemed to have a special rapport with Justice Antonin Scalia, at one point responding to a question from him with one of her own."

Today's edition of The Boston Globe contains an article headlined "As potential pick for court, Kagan gets fire from left."

Greg Stohr of Bloomberg News reports that "Kagan's Bridge Building Boosts Her U.S. Supreme Court Candidacy."

The Arizona Republic reports that "Napolitano would bring diversity to court, experts say."

At the "Politics Blog" of The San Francisco Chronicle, Bob Egelko has a post titled "Juicy record for judge rumored for high court."

At "The BLT: The Blog of Legal Times," Carrie Levine has a post titled "Advocacy Groups Preparing for Supreme Court Nominee."

In The Washington Post, columnist George F. Will has an op-ed entitled "For high court nominee, no (political) experience necessary."

And at the "Opinionator" blog of The New York Times, Timothy Egan has a post titled "Supreme Club."
Posted at 08:00 AM by Howard Bashman



"Extra long appeals hearing in Patriots ticket-holder suit": Today's edition of The Philadelphia Inquirer contains an article that begins, "Lawyers for the New England Patriots and the National Football League were pressed by a panel of federal judges Wednesday to explain why a lawsuit seeking $184 million in compensation for illegal recording of the New York Jets' signals shouldn't go to trial."

The Associated Press reports that "Pa. court ponders fan suit over Jets-Pats Spygate."

And Shannon P. Duffy of The Legal Intelligencer reports that "3rd Circuit May Revive $184 Million Class Action Over NFL Team Taping Rival's Signals."
Posted at 07:33 AM by Howard Bashman



"No audio for broadcasters in Supreme Court case": Mark Sherman of The Associated Press has a report that begins, "For the first time in four years, the Supreme Court has gone an entire term without granting the quick release of audio recordings of high-profile arguments."

And at "SCOTUSblog," Lyle Denniston has a post titled "No audio on student rights argument; No tapes released this Term."
Posted at 07:23 AM by Howard Bashman



"Wilmer Hale Partner Nominated for Federal Circuit Vacancy": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."

The blog "Patently-O" has a post titled "Edward DuMont Nominated to the Court of Appeals for the Federal Circuit."

Yesterday, the White House issued a news release headlined "President Obama Nominates Edward C. DuMont for the United States Court of Appeals for the Federal Circuit." You can access the nominee's law firm bio at this link.
Posted at 07:20 AM by Howard Bashman



Wednesday, April 14, 2010

"Justice Breyer has advice for Obama court nominee": The Associated Press has this report.
Posted at 04:03 PM by Howard Bashman


"A Shortcut to Appeal for Civil Cases Pending in Pa. State Court": That's the title of this month's installment of my "Upon Further Review" column published in The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

In essence, as I describe in more detail in the column, a Pennsylvania state Rule of Civil Procedure allows any party to send a case immediately to appeal if the trial judge takes more than 120 days to decide post-trial motions. Whether this shortcut is available depends on what sort of post-trial motions remain pending. But when the shortcut is available and is invoked, the trial judge loses jurisdiction to rule on the post-trial motions that have yet to be decided.

I'd be curious to hear from readers of this blog whether any similar post-trial shortcuts to appeal are available in other States.
Posted at 03:52 PM by Howard Bashman



"Sources: Obama expected to make high court pick by early May." Bill Mears of CNN.com has this report.
Posted at 03:40 PM by Howard Bashman


"Scalia's Retirement Party: Looking ahead to a conservative vacancy can help the Democrats at the polls." Law professor Richard L. Hasen, author of the "Election Law Blog," has this essay online at Slate.
Posted at 03:10 PM by Howard Bashman


"Alito is one Phillies fan whose opinions really matter": This article, the second in a two-part series, appeared yesterday in The Philadelphia Daily News.
Posted at 03:07 PM by Howard Bashman


"Defining Radical Down: Are Judge Diane Wood's abortion rulings truly indefensible?" Emily Bazelon has this essay online at Slate.
Posted at 08:20 AM by Howard Bashman


"Stevens' Legacy Includes Key Role in Terrorism Cases; Justice's influence led to rejection of Bush administration's detention and trial plans for accused terrorists": Marcia Coyle of The National Law Journal has this report.

And David Ingram and Carrie Levine of The National Law Journal have an article headlined "Senators, Interest Groups Weigh In on Possible Stevens Successor."
Posted at 08:10 AM by Howard Bashman



"A feud worthy of the Bard: The Zappala and Orie clans are at each other's throats in Western Pa." Columnist Karen Heller has this essay today in The Philadelphia Inquirer.
Posted at 08:05 AM by Howard Bashman


"Nebraska governor signs landmark abortion bills": This article appears today in The Lincoln Journal Star.

Today's edition of The Omaha World-Herald contains an article headlined "Gov.: I'll fight for abortion laws."

And The New York Times reports that "Nebraska Law Sets Limits on Abortion."
Posted at 08:04 AM by Howard Bashman



"Our Fill-in-the-Blank Constitution": Law professor Geoffrey R. Stone has this op-ed today in The New York Times.
Posted at 07:54 AM by Howard Bashman


Tuesday, April 13, 2010

"Obama considering as many as 10 candidates for high court opening": This article appears today in The Washington Post. The newspaper also has an update headlined "Senate Democrats' wish list for high court: Someone with non-Ivy background."

Wednesday's edition of The Los Angeles Times will contain an article headlined "Obama casts wide net with list of possible Supreme Court nominees; Advisors are calling for a nontraditional choice to replace Justice John Paul Stevens, someone who isn't a product of top-tier Ivy League schools or hasn't worked as a federal appeals judge." Today's newspaper reports that "GOP looks beyond court pick; Control of Congress may be a higher priority than fighting Obama's nominee." And columnist Jonah Goldberg has an op-ed entitled "Empathy and the Supreme Court: Obama's abstract standard is nothing more than state-sanctioned prejudice."

The Detroit News has an update headlined "Granholm reportedly on Supreme Court short list."

Michael Doyle of McClatchy Newspapers has an article headlined "For the next Supreme Court justice, check the playbook."

Tony Mauro and David Ingram of The National Law Journal report that "White House Said to Be Widening Search for High Court Nominee."

Reuters has reports headlined "Obama to meet Republicans on U.S. Supreme Court job; Obama wants support in both parties for any nominee" and "Leahy sees confirmation for Supreme Court nominee."

Jesse J. Holland of The Associated Press reports that "Groups look for tea party support on nomination."

Bloomberg News has reports headlined "Obama Shuns the Left as White House Mulls U.S. High Court Slot" and "Democrats to Move Judicial Nominees as High Court Battle Looms." In addition, columnist Ann Woolner has an essay entitled "'Socialist' Obama to Move Supreme Court to Right."

CQ Politics has reports headlined "Democrats Warn Against GOP 'Obstruction' on Judicial Nominees" and "Vacancy Reignites Campaign Finance Battle."

And The Hill reports that "Sens. Klobuchar, Whitehouse rule out Supreme Court."
Posted at 10:18 PM by Howard Bashman



"Appeals Court Nominee Ignites a Partisan Battle": Charlie Savage has this article today in The New York Times.
Posted at 08:52 PM by Howard Bashman


"O'Connor: I didn't seek Supreme Court position; Retired justice revisits time on bench during invitation-only appearance." This article appears today in The Lawrence Journal-World.

The University Daily Kansan reports today that "O'Connor gives inspiration to law students."

And The Associated Press reports that "O'Connor expects tough road for high court nominee."
Posted at 08:34 PM by Howard Bashman



Programming note: This morning, I'll be presenting an appellate oral argument to a three-judge panel of the Superior Court of Pennsylvania. Additional posts will appear here this afternoon.
Posted at 07:20 AM by Howard Bashman


Monday, April 12, 2010

"Court rejects call for fair wages for prisoners": Bob Egelko has this article today in The San Francisco Chronicle.

My earlier coverage of last Friday's Ninth Circuit ruling appears at this link.
Posted at 10:32 PM by Howard Bashman



"Names added to Supreme Court short list": Bill Mears of CNN.com has this report.

The Wall Street Journal has a news update headlined "White House Floats Diverse List for Court." You can freely access the full text of the article via Google News.

The Associated Press reports that "Judge Sidney Thomas on Supreme Court list."

Bill Rankin of The Atlanta Journal-Constitution has a news update headlined "Sears on Obama's short list for Supreme Court."

FOXNews.com reports that "Stevens' Replacement Could Set Stage for Proxy Fight Over Roberts' Influence on High Court."

At her "Crossroads" blog, CBS News correspondent Jan Crawford has a post titled "Kagan, Wood and Garland Still Top Supreme Court List."

And online at Slate, Emily Bazelon, Dahlia Lithwick, Jeremy Singer-Vine, and Chris Wilson have an essay entitled "Choose Your Own Supreme Court Justice: Out of our Top 21, whom do you like best?"
Posted at 08:44 PM by Howard Bashman



"Orie sister suspended from Supreme Court job": The Pittsburgh Tribune-Review has a news update that begins, "State court administrators said today they suspended Janine Orie from her job as an aide to her sister, state Supreme Court Justice Joan Orie Melvin."

The Pittsburgh Post-Gazette has a news update headlined "Janine Orie suspended from job in Justice Melvin's office."

And today in The Philadelphia Daily News, columnist John Baer has an essay entitled "In Pittsburgh, politics isn't just politics: it's 'Family Feud.'"
Posted at 08:34 PM by Howard Bashman



"New pre-abortion requirements passed in Neb." The Associated Press has this report.
Posted at 08:30 PM by Howard Bashman


"Full 3rd Circuit to Rehear Web Parody Cases": At the "School Law" blog of Education Week, Mark Walsh has a post that begins, "A federal appeals court has announced that it will re-examine two panel decisions on whether parodies of school principals created by students on MySpace were protected by the First Amendment."
Posted at 08:17 PM by Howard Bashman


"Kennedy cousin loses appeal in murder conviction": The Associated Press has this report.

Today's ruling of the Supreme Court of Connecticut in Skakel v. State consists of a majority opinion, a concurring opinion, and a dissenting opinion.
Posted at 11:52 AM by Howard Bashman



"DMV tries to put the brakes on racy license plates": This article appears today in The Virginian-Pilot (via "Obscure Store").
Posted at 10:44 AM by Howard Bashman


"Originalism's Old Bulldog: Notes from Scalia's visit to FSU." Dan Markel has this post at "PrawfsBlawg."
Posted at 10:22 AM by Howard Bashman


"Democrat Predicts Speedy Court Confirmation; Republicans Sound Note of Caution": This article appears today in The New York Times.

Today's edition of The Chicago Tribune contains an article headlined "Republicans downplay filibuster talk in Supreme Court debate; Obama could avoid a heated battle with a mainstream nominee, GOP leaders say."

USA Today contains a front page article headlined "Lines are drawn in high court succession; GOP's Sessions warns of possible 'big fight.'" The newspaper also contains an editorial entitled "Balancing justices" and an op-ed by law professor Jonathan Turley entitled "Stevens became great by his deeds, not by design; Soon-to-be-retired jurist was ultimate 'uncalled shot' on Supreme Court."

Today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Senate Looks Ahead To Supreme Court Nominee."

And The Associated Press has an article headlined "Psst: Sec'y Hillary Rodham Clinton for court?"
Posted at 10:12 AM by Howard Bashman



"Conn. high court expected to release Skakel ruling": The Associated Press has a report that begins, "The Connecticut Supreme Court is planning to release its ruling on Kennedy cousin Michael Skakel's appeal of his murder conviction in the 1975 slaying of his 15-year-old neighbor."

The ruling is scheduled to issue at 11:30 a.m. eastern time today.
Posted at 09:45 AM by Howard Bashman



"Q&A with Justice Samuel Alito, a Supreme Phillies fan": This article, the first in a two-part series, appears today in The Philadelphia Daily News.

And speaking of the Philadelphia Phillies, I'll be at Citizens Bank Park this afternoon for the Phillies home opener, as the team hosts the Washington Nationals. You can access a preview of the game at this link.
Posted at 07:45 AM by Howard Bashman



Sunday, April 11, 2010

"Jane Orie's supporters contend Zappala is pursuing vendetta": The Pittsburgh Tribune-Review contains this article today.
Posted at 10:35 PM by Howard Bashman


"Republicans say Obama's Supreme Court pick must be mainstream": This article will appear Monday in The Washington Post.

In Monday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Kagan Foes Stress Gay-Rights Stand; Republicans Focus on Court Contender's Move to Block Military Recruiters." You can freely access the full text of the article via Google News.

And in Monday's edition of USA Today, Joan Biskupic will have an article headlined "Obama's Supreme Court choice: Go for consensus or risk a clash?"
Posted at 10:32 PM by Howard Bashman



"Supreme Court expected to tackle 'sleeping sex slave' question; The likely appeal of an overturned sexual conviction may set up a bizarre hearing at the Supreme Court of Canada: Deciding whether an unconscious person can consent." Kirk Makin had this article yesterday in The Toronto Globe and Mail.
Posted at 10:22 PM by Howard Bashman


"U.S. Supreme Court: A potent legal weapon against school bullies." Michael Kirkland of UPI has this report.
Posted at 10:20 PM by Howard Bashman


"Clean Elections arguments to be heard in court; Appeals judges to hear arguments over matching funds for candidates": Today's edition of The Arizona Republic contains an article that begins, "The future of Arizona's publicly funded elections program will be placed in the hands of three judges with the U.S. Court of Appeals for the 9th Circuit in San Francisco on Monday."
Posted at 10:18 PM by Howard Bashman


"Stevens, the Only Protestant on the Supreme Court": Adam Liptak has this article today in the Week in Review section of The New York Times. Linda Greenhouse has an op-ed entitled "One Man, Two Courts." And former law clerks have an op-ed entitled "My Boss, Justice Stevens."

Today in The Washington Post, Robert Barnes has an article headlined "Replacing Justice Stevens on high court is not just a matter of ideology." And an op-ed supplies various answers from "legal and political experts" to the question "Who should replace Justice Stevens?"

In The Los Angeles Times, James Oliphant and Richard A. Serrano have an article headlined "Three Supreme Court contenders share ties; Merrick Garland, Diane Wood and Elena Kagan all have connections to Chicago, and all rose through the ranks during the Clinton years; They would face varying degrees of criticism if nominated."

Rob Hotakainen of McClatchy Newspapers has an article headlined "GOP: Pick a 'fringe' nominee for Supreme Court get filibuster."

The Wall Street Journal has a news update headlined "Republicans Don't Rule Out Court Filibuster." You can freely access the full text of the article via Google News.

The Birmingham News has an update headlined "Alabama Senator does not rule out filibuster for Supreme Court nominee."

Monday's edition of The Australian reports that "Republicans warn Obama on picking 'activist' to top US court."

The Associated Press has reports headlined "Leahy: Nominee likely on high court for fall term"; "GOP senators push for 'mainstream' court nominee"; "Senators say high court filibuster can be avoided"; and "Potential Obama nominees for the Supreme Court."

Bloomberg News has reports headlined "Stevens's Retirement Will Let Obama Shape U.S. Supreme Court" and "Republicans Signal Obama May Have Supreme Court Fight."

Reuters reports that "Republicans warn Obama on Supreme Court nominee."

Politico.com reports that "Republicans cautious on court fight."

CQ Politics reports that "Leahy Predicts New Justice Confirmed by August."

CBSNews.com has a report headlined "Crawford: Obama Wants No Fight Over SCOTUS; White House Wants to Avoid Partisan Battle, Yet Also Seeks Nominee to Make Dems Look More in Tune With Everyday Americans." And Bob Schieffer has an essay entitled "The Legacies of Stevens, and Gerald Ford: Former President Wanted to Be Remembered for His SCOTUS Pick, When Criteria for High Court Seemed Very Different."

The Chicago Sun-Times contains an editorial entitled "Supreme Court battle is likely to get ugly."

And at the web site of The Christian Science Monitor, guest blogger Tim Kane has a post titled "Why isn't there an economist on the Supreme Court? With John Paul Stevens retiring, the Supreme Court needs an economist, because the court sets the important long-term economic rules."
Posted at 03:02 PM by Howard Bashman



Saturday, April 10, 2010

"Stevens's Retirement Is Political Test for Obama": This article appears today in The New York Times, along with an editorial entitled "Justice Stevens."

Today in The Washington Post, Robert Barnes has an article headlined "Justice John Paul Stevens announces his retirement from Supreme Court." The newspaper also contains an article headlined "Pending midterm elections add political for friction to court nomination"; an editorial entitled "The legacy of Justice John Paul Stevens"; an op-ed by Cliff Sloan entitled "Goodbye to the 'rule of law' justice"; and an op-ed by columnist Ruth Marcus entitled "A Supreme Court shift to the right?"

David G. Savage of The Los Angeles Times has an article headlined "John Paul Stevens' unexpectedly liberal legacy; The retiring Supreme Court justice started out as a conservative in 1975, but as he saw it, the court shifted right as he held to the center." The newspaper also contains an article headlined "Battle looms as Justice Stevens says he's retiring; The liberal justice will step down this summer; A bitter partisan fight is expected over the replacement" and an editorial entitled "Supreme Court needs another mind like John Paul Stevens'; President Obama should nominate a replacement who shares the justice's enduring intellectual traits."

Abdon M. Pallasch of The Chicago Sun-Times has articles headlined "'Most liberal' justice retiring; John Paul Stevens' long run: I didn't move left, court moved right" and "3 with Chicago ties leading contenders to replace Stevens." In addition, columnist Lynn Sweet has an op-ed entitled "Loyal Cubs fan Stevens was at Ruth's called-shot game."

The Chicago Tribune contains articles headlined "John Paul Stevens' Chicago ties; Before Supreme Court, Hyde Park native's life was centered in the city" and "Judge with Chicago ties is on Supreme Court short list; Appellate Judge Diane Wood has been called a liberal activist by a conservative group, but lawyers who have argued before her disagree," along with an editorial entitled "A restrained justice: Not a visionary, but an old-fashioned conservative."

Jess Bravin of The Wall Street Journal has an article headlined "A Shaper, Defender of Legal Milestones." The newspaper also contains an article headlined "Stevens Sets Up Court Fight; Obama Expected to Seek Liberal Successor; Historic Change as Last Protestant Leaves" and an editorial entitled "After Justice Stevens: The Supreme Court loses its liberal standard-bearer."

Joan Biskupic of USA Today reports that "Stevens' successor would likely come from last year's list."

Michael Doyle of McClatchy Newspapers reports that "Last year's Supreme Court finalists rise to top of Obama's list." And Michael Doyle and David Lightman have an article headlined "Stevens' retirement sets up battle over Supreme Court choice."

Tony Mauro of The National Law Journal reports that "Stevens' Departure Leaves Big Shoes to Fill at High Court."

And The Christian Science Monitor has articles headlined "Filling John Paul Stevens Supreme Court vacancy big test for Obama; Replacing retiring Supreme Court Justice John Paul Stevens depends largely on who President Obama nominates; But given Obama's political standing these days, confirmation by the Senate is unlikely to be quick and easy" and "Justice Stevens retirement portends long, hot political summer; Confirmation of Supreme Court nominees has not always been so contentious; But with the defeat of Robert Bork in 1987, nominees' political positions as well as their judicial qualifications have been probed; This will likely be the case in replacing retiring Justice John Paul Stevens."
Posted at 07:26 PM by Howard Bashman



"O'Connor on the Court": Columnist Charles M. Blow has this op-ed today in The New York Times.
Posted at 07:10 PM by Howard Bashman


"Justice Brennan Can't Be Reincarnated: Liberals can dream, but a consensus-builder has little to work with on today's Supreme Court." Seth Stern has this jurisprudence essay online at Slate.
Posted at 06:52 PM by Howard Bashman


Available online at Slate: Dahlia Lithwick and Sonja West have a jurisprudence essay entitled "The Unsung Empathy of Justice Stevens: Justice John Paul Stevens is the model for why empathy matters."

And Christopher Beam has an essay entitled "Pick Your Battle: What kind of Supreme Court confirmation hearing does Barack Obama want?"
Posted at 04:50 PM by Howard Bashman



"G.O.P. Weighs Political Price of Court Fight": This article will appear Sunday in The New York Times.

The Associated Press reports that "Obama emboldened for another Supreme Court pick."

And at "SCOTUSblog," Lyle Denniston has a post titled "The 'Kennedy Court,' only more so; The changing internal dynamic."
Posted at 04:45 PM by Howard Bashman



"Prof pulls name for legal adviser; GOP stalled Hoosier's nomination": The Journal Gazette of Fort Wayne, Indiana contains this article today.

Today in The Wall Street Journal, Even Perez has an article headlined "Nominee for Justice Post Withdraws."

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Dawn Johnsen Withdraws, Cites 'Lengthy Delays.'"
Posted at 03:48 PM by Howard Bashman



"Western Pa. scandal touches on state high court": This front page article appears today in The Philadelphia Inquirer.
Posted at 01:02 PM by Howard Bashman


Friday, April 9, 2010

"Ban restored on booze ads in Va. college papers": The Associated Press has a report that begins, "A divided federal appeals court has restored Virginia's ban on alcohol advertising in college newspapers, concluding the restriction does not unduly limit free-speech rights."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 10:07 PM by Howard Bashman



"Obama faces dilemma in court choice": The Associated Press has this report.
Posted at 09:20 PM by Howard Bashman


"Obama Nominee for Justice Post Withdraws": In Saturday's edition of The New York Times, Charlie Savage will have an article that begins, "President Obama's choice to lead the powerful Office of Legal Counsel at the Justice Department withdrew from consideration for the post on Friday, ending a troubled but high-profile nomination that had dragged on for more than a year."

And The Associated Press reports that "Obama pick for Justice post withdraws."
Posted at 09:16 PM by Howard Bashman



"Stevens carved liberal legacy on high court": The Associated Press has this report.
Posted at 05:42 PM by Howard Bashman


"Current and former federal prisoners allege that the low wages they were paid for work performed in prison violated their rights under the Fifth Amendment and various sources of international law." So begins an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today.

The Ninth Circuit's ruling affirms the dismissal of the lawsuit, holding that "prisoners have no enforceable right to be paid for their work under the Constitution or international law."
Posted at 05:37 PM by Howard Bashman



"Stevens retirement gives Obama second Supreme Court pick; John Paul Stevens, the longest serving Supreme Court justice, plans to leave the bench in June; The Stevens retirement allows President Obama to name a second high court justice, opening the way for a likely confirmation battle": Warren Richey of The Christian Science Monitor has this report.

And at her "Crossroads" blog, CBS News correspondent Jan Crawford has a post titled "Does Obama Want a Supreme Court Fight?"
Posted at 05:12 PM by Howard Bashman



"Obama promises quick court replacement for Stevens": Mark Sherman of The Associated Press has this report. You can access the transcript of President Obama's remarks at this link.
Posted at 02:50 PM by Howard Bashman


"Speaking of Stevens": That's the title of a new blog that The National Law Journal has launched focusing on the legacy of Justice John Paul Stevens and the search for his replacement.

And the National Journal's "The Ninth Justice" blog is now active once again.
Posted at 02:27 PM by Howard Bashman



"The End of an Era, for Court and Nation": Adam Liptak has a news update that begins, "Justice John Paul Stevens, who announced his resignation from the Supreme Court on Friday after 34 years, may be the last justice from a time when ability and independence, rather than perceived ideology, were viewed as the crucial qualifications for a seat on the court."

The Washington Post has a news update headlined "Obama administration will start nomination process with familiar faces."

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Obama Expects Supreme Court Nominee in Weeks."
Posted at 02:17 PM by Howard Bashman



"Leahy: Supreme Court hearings should be in summer." The Associated Press has this report.
Posted at 12:29 PM by Howard Bashman


"Supreme Court Justice John Paul Stevens retiring": Jesse J. Holland of The Associated Press has a report that begins, "Supreme Court Justice John Paul Stevens, the court's oldest member and leader of its liberal bloc, is retiring. President Barack Obama now has his second high court opening to fill."

Robert Barnes of The Washington Post has a news update headlined "Justice John Paul Stevens to retire from court in June."

Charlie Savage of The New York Times has a news update headlined "Justice Stevens to Retire After 34 Years."

Joan Biskupic of USA Today has a news update headlined "Supreme Court Justice Stevens to retire."

James Oliphant of The Chicago Tribune has a news update headlined "Justice Stevens retiring; President Barack Obama will have his second chance to appoint a justice."

Michael Doyle of McClatchy Newspapers reports that "With Stevens' departure, a judicial era passes."

James Vicini of Reuters reports that "Justice Stevens to resign, Obama to reshape court."

And Greg Stohr of Bloomberg News reports that "John Paul Stevens Will Retire From U.S. Supreme Court."

You can access the retirement letter that Justice John Paul Stevens sent to President Obama at this link.

At "The BLT: The Blog of Legal Times," Tony Mauro has posts that reprint the official announcement from the U.S. Supreme Court and a statement from Chief Justice John G. Roberts, Jr.
Posted at 10:59 AM by Howard Bashman



Three-judge Sixth Circuit panel affirms the dismissal, for lack of standing, of a consitutional challenge brought against the anti-animal-fighting provisions of the federal Animal Welfare Act: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 10:28 AM by Howard Bashman


"North Dakota decisions end Fighting Sioux nickname": The Associated Press has a report that begins, "A state Supreme Court ruling and a Board of Higher Education decision have retired for good the University of North Dakota's Fighting Sioux nickname after a four-year legal battle."

And today's edition of The Forum of Fargo, North Dakota contains an article headlined "So long, Sioux; After years of heated debate, UND will replace its nickname and logo."

You can access yesterday's ruling of the Supreme Court of North Dakota at this link.
Posted at 10:14 AM by Howard Bashman



"Boalt Professor Liu Faces Republican Criticism; Republican Senators Accuse Liu of Withholding Critical Material From Senate Judiciary Committee": This article appears today in The Daily Californian.

And at ABCNews.com, Ariane de Vogue has an article headlined "Obama Court Nominee Causing a Firestorm on Capitol Hill; Republican Senators Accuse Goodwin Liu of Deliberately Withholding Writings."
Posted at 08:33 AM by Howard Bashman



"Grand jury may target Pa. Supreme Court justice": The Pittsburgh Tribune-Review contains this article today.

Today in The Pittsburgh Post-Gazette, Paula Reed Ward has an article headlined "Judge seals docket on Orie; Court records ordered off limits one day after charged."

The Beaver County Times reports that "Beaver County man named in Orie indictment."

And The Patriot-News of Harrisburg, Pennsylvania reports that "Activist and state House candidate Stilp files complaint with judicial board against Supreme Court Justice Orie Melvin."
Posted at 08:32 AM by Howard Bashman



"Indeglia endorsed for high court post": This article appears today in The Providence (R.I.) Journal.
Posted at 08:24 AM by Howard Bashman


"Who Will Be Obama's Next Supreme Court Nominee?" The Nation has posted online this slideshow.
Posted at 08:22 AM by Howard Bashman


Thursday, April 8, 2010

"High-Court Hamlet: Justice Stevens's public pondering." Dahlia Lithwick will have this essay in the April 19, 2010 issue of Newsweek.
Posted at 11:20 PM by Howard Bashman


"Across the Border, Over the Line": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 11:14 PM by Howard Bashman


"Federal appeals court upholds Judge Michael T. Joyce's conviction, sentence; Federal court rejects former judge's appeal": Yesterday's edition of The Erie Times-News contained an article that begins, "The 3rd U.S. Circuit Court of Appeals has upheld the conviction and sentence of former state Superior Court Judge Michael T. Joyce, of Erie."

You can access Tuesday's non-precedential ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 12:46 PM by Howard Bashman



"Comcast ruling raises questions on FCC regulation": This article appears today in The Washington Post.
Posted at 08:14 AM by Howard Bashman


"Lawyer Ads May Get Protection at Calif. High Court": Mike McKee of The Recorder has this report.
Posted at 08:11 AM by Howard Bashman


"School principals appeal ruling in lengthy Plano free speech case": Today's edition of The Dallas Morning News contains an article that begins, "The court case over candy canes continued Wednesday as the 5th U.S. Circuit Court of Appeals listened to arguments on the liability of two Plano principals named in the lawsuit. Three judges heard appeals in a packed courtroom at Southern Methodist University, where the court is based this week. The candy cane case arose in 2003, when administrators at Plano's Thomas Elementary School stopped an 8-year-old boy from distributing candy cane pens with religious messages on them."
Posted at 08:10 AM by Howard Bashman


"Battle brews over Obama nominee for 9th Circuit Court of Appeals; Senate Democrats reject a Republican bid to postpone a hearing on Berkeley law professor Goodwin Liu": This article appears today in The Los Angeles Times.

The Washington Post reports today that "Appeals court nominee Liu causes battle in Senate."

Josh Richman of The Oakland Tribune reports that "GOP steps up attacks on UC-Berkeley's Goodwin Liu."

And The Yale Daily News reports that "Liu LAW '98 faces scrutiny."
Posted at 08:05 AM by Howard Bashman



"Obama may face election-year Supreme Court battle": James Vicini of Reuters has this report.

And The Harvard Crimson reports today that "Kagan's Nomination for Supreme Court Seat Is Likely Prospect."
Posted at 07:58 AM by Howard Bashman



Wednesday, April 7, 2010

"Roberts: Inability to compromise stops consensus." The Associated Press has a report that begins, "U.S. Chief Justice John Roberts said Wednesday that the lack of consensus in many of the Supreme Court's decisions reflects its fundamental inability to strike compromises on laws, as Congress can when writing them."

And at WSJ.com's "Law Blog," Jess Bravin has a post titled "Chief Justice Roberts on Obama, Justice Stevens, Law Reviews, More."
Posted at 09:00 PM by Howard Bashman



"Obama has plans for Asian-American judge: So does GOP." Rob Hotakainen of McClatchy Newspapers has an article that begins, "Goodwin Liu couldn't speak English until kindergarten, but he went on to become his high school's co-valedictorian, then a Rhodes Scholar and a law professor at the University of California, Berkeley. Now he's under attack on Capitol Hill, where Republicans are opposing his nomination to the 9th U.S. Circuit Court of Appeals in San Francisco."
Posted at 08:52 PM by Howard Bashman


"Appeals court: Will Co. must pay $8 million to Riley Fox parents." The Chicago Tribune has a news update that begins, "A federal appeals court has agreed with a jury's 2007 finding that Will County police framed Kevin Fox for the 2004 rape and murder of his 3-year-old daughter Riley -- but reduced the damages awarded Fox and his wife from $12.2 million to $8 million."

You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 07:58 PM by Howard Bashman



"Senate Democrats defend 9th Circuit Court nominee Liu against GOP criticism": The Washington Post has this news update.

The Associated Press reports that "Leahy won't delay hearing for appeals court pick."

Bloomberg News reports that "Leahy Insists on Hearing for Obama Judicial Choice."

At WSJ.com's "Washington Wire" blog, Jess Bravin has a post titled "Senate Democrats Rally Behind Appeals Court Nominee."

The Hill reports that "Leahy to forge ahead with Liu hearing despite GOP objections."

And Politico.com reports that "Democrats push Goodwin Liu nomination."
Posted at 06:24 PM by Howard Bashman



"DA charges Sen. Orie, aide to Justice Melvin; Accused of using state resources for campaigning": The Pittsburgh Post-Gazette has a news update that begins, "The Allegheny County District Attorney's office today filed criminal charges against state Sen. Republican Whip Jane Orie, R-McCandless, and her sister, Janine Orie, an aide to state Supreme Court Justice Joan Orie Melvin, in a grand jury investigation that reached into one of Western Pennsylvania's most powerful political families." The newspaper has also posted online the grand jury presentment (36.94MB PDF document) and this letter from State Senator Orie stepping aside as Majority Whip.

And The Pittsburgh Tribune-Review has a news update headlined "State Sen. Orie charged with 10 criminal counts."
Posted at 06:15 PM by Howard Bashman



"If I Were Obama, My Supreme Court Pick Would Be..." Law360 asked various appellate lawyers to complete that sentence. You can access their answers at this link.
Posted at 12:34 PM by Howard Bashman


"Obama continues to lag when it comes to judges": The Washington Post today contains this installment of Al Kamen's "In the Loop" column. This graphic accompanies the column.
Posted at 12:32 PM by Howard Bashman


Divided Federal Circuit panel upholds federal district court's ruling that Vanderbilt University scientists are not joint inventors of the compounds and methods for treating erectile dysfunction that resulted in the medication Cialis: You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 12:30 PM by Howard Bashman


"Supreme Court May Soon Lack Protestant Justices": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 08:20 AM by Howard Bashman


"U.S. Court Curbs F.C.C. Authority on Web Traffic": This article appears today in The New York Times.

The Washington Post reports today that "Court rules for Comcast over FCC in 'net neutrality' case."

The Los Angeles Times reports that "Appeals court overturns FCC rule on net neutrality; The FCC's policy on broadband access had required Comcast to give equal treatment to all Internet traffic it carried; Now providers may be able to charge more for fast content delivery."

The Wall Street Journal reports that "Court Backs Comcast Over FCC on 'Net Neutrality.'"

USA Today has a front page article headlined "Cable wins ruling on high-speed Internet; Court: FCC can't tell Comcast what to do."

The Philadelphia Inquirer reports that "Court throws out order that restricted Comcast."

Jenna Greene of The National Law Journal has an article headlined "Uncertainty for FCC's 'Net Neutrality' in Wake of Comcast Ruling."

And today's broadcast of NPR's "Morning Edition" contained an audio segment titled "FCC Loses Key Ruling On 'Net Neutrality.'"

My earlier coverage of yesterday's D.C. Circuit ruling appears here and here.
Posted at 08:17 AM by Howard Bashman



"GOP Senators Step Up Attacks on Appellate Court Nominee": Jess Bravin has this article today in The Wall Street Journal. You can freely access the full text of the article via Google News.
Posted at 08:00 AM by Howard Bashman


"Pissarro masterpiece travels a twisted history; The court challenges to recover a painting taken by the Nazis in 1939 have been as tortuous as its provenance": Carol J. Williams has this front page article today in The Los Angeles Times.
Posted at 07:56 AM by Howard Bashman


"Lenders seek delay in newspapers' auction": The Philadelphia Inquirer today contains an article that begins, "In a surprising turnabout, senior lenders to Philadelphia Newspapers L.L.C., the parent company of The Inquirer, want the media firm's scheduled April 27 auction delayed while they appeal a critical ruling in the case."
Posted at 07:54 AM by Howard Bashman


"Calif. High Court Contingency Spat Brings Amici Flood": Mike McKee of The Recorder has this report.
Posted at 07:48 AM by Howard Bashman


"Rapist, now quadriplegic, a threat, court rules": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A rapist who was paralyzed from the neck down in a prison stabbing may still be dangerous and can be kept behind bars under a state law that allows the release of some permanently disabled inmates, a state appeals court ruled Tuesday."

You can access yesterday's ruling of the California Court of Appeal for the Third Appellate District at this link.
Posted at 07:45 AM by Howard Bashman



"War court hearings resume amid uncertainty": Carol Rosenberg of The Miami Herald has this report.
Posted at 07:38 AM by Howard Bashman


"O'Connor: More justices may skip State of Union." The Associated Press has this report.
Posted at 07:34 AM by Howard Bashman


Tuesday, April 6, 2010

"Republicans step up opposition to liberal nominee": The Associated Press has a report that begins, "Republicans intensified opposition Tuesday to the nominee for a San Francisco-based appeals court, setting up a test of whether President Barack Obama can win confirmation for an unabashed liberal."
Posted at 04:55 PM by Howard Bashman


"The primary question in this appeal is whether Palm Beach County and one of its Fire Department officers violated a firefighter's First Amendment right to intimate association when they demoted him for an extramarital affair with one of his subordinates." So begins an opinion that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 03:22 PM by Howard Bashman


"FCC loses Comcast's court challenge, a major setback for agency on Internet policies": The Washington Post has this news update.

Jim Puzzanghera of The Los Angeles Times has a news update headlined "FCC decision on network neutrality overturned by U.S. appeals court; The FCC had forced Comcast to offer equal treatment to all Internet traffic flowing through its network; The court ruling strikes at the FCC's ability to impose network neutrality on service providers."

The Wall Street Journal has a news update headlined "Court Strikes at 'Net Neutrality.'"

Bloomberg News reports that "Comcast Wins Ruling Over FCC Internet Traffic Censure."

Reuters reports that "Comcast wins Web traffic court fight against FCC."

MarketWatch reports that "Court rejects restrictions on Internet; Decision may reignite 'Net Neutrality' debate."

At "The BLT: The Blog of Legal Times," Jenna Greene has a post titled "Court Finds FCC Lacks Authority to Regulate Internet."

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Appeals Court Throttles FCC's Net Neutrality Authority."

My earlier coverage of today's D.C. Circuit ruling appears at this link.
Posted at 02:11 PM by Howard Bashman



"Possessor of child porn to pay $1,000 in restitution; The Minnesota case has been at the center of the debate over how to apportion blame in child porn cases": This article appears today in The Minneapolis Star Tribune.

And The Associated Press reports that "Judge OK's $1,000 restitution in child porn case."
Posted at 11:32 AM by Howard Bashman



"In this case we must decide whether the Federal Communications Commission has authority to regulate an Internet service provider's network management practices." So begins today's ruling of the U.S. Court of Appeals for the D.C. Circuit in Comcast Corp. v. FCC.

In the ruling issued today, a unanimous three-judge D.C. Circuit panel holds that the FCC acted beyond its lawful powers in barring Comcast from interfering with its customers' use of peer-to-peer networking applications.

In early news coverage, The Associated Press reports that "US court rules against FCC on 'net neutrality.'"
Posted at 10:35 AM by Howard Bashman



"3rd Circuit: Defective Sperm Can't Be Basis for Products Liability Suit." Shannon P. Duffy of The Legal Intelligencer has this article today reporting on a non-precedential ruling that the U.S. Court of Appeals for the Third Circuit issued last week.
Posted at 10:22 AM by Howard Bashman


"Name courthouse for Moyer, governor says": Today's edition of The Columbus Dispatch contains an article that begins, "The acting chief justice of the Ohio Supreme Court met yesterday with grief-stricken court employees and fellow justices, as the state's top court resumed operations after the unexpected death Friday afternoon of Chief Justice Thomas J. Moyer."
Posted at 10:17 AM by Howard Bashman


"Texas man threatened deadly force to stop abortion": The Associated Press has a report that begins, "A Texas man faces charges after he filed documents in federal court threatening to use deadly force to stop an abortion if the U.S. Supreme Court didn't immediately act to outlaw the practice, federal officials said Monday."

And The Dallas Morning News today contains an article headlined "Plano man is arrested after threatening women's clinic" that begins, "A 27-year-old law school graduate from Plano is facing federal charges for threatening to use deadly force to prevent an abortion at a Dallas women's clinic."
Posted at 10:07 AM by Howard Bashman



Monday, April 5, 2010

"Short Shrift: The Supreme Court shortlist as political anthropology." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:38 PM by Howard Bashman


"Names floated as Stevens weighs retirement": Bill Mears of CNN.com has this report.
Posted at 10:37 PM by Howard Bashman


"There they go again: The GOP says Goodwin Liu, Obama's 9th Circuit nominee, is 'beyond the mainstream'; Of course, they just mean he's the choice of a Democratic president." This editorial will appear Tuesday in The Los Angeles Times.
Posted at 10:35 PM by Howard Bashman


"Strict Deadlines, Disabled Veterans and Dismissed Cases": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:27 PM by Howard Bashman


"Supreme Court prospects are Kagan, Wood, Garland": Mark Sherman of The Associated Press has this report.
Posted at 03:30 PM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link.

The Court today did not grant review in any new cases.

In early news coverage, The Associated Press reports that "Court won't hear appeal from Marshall Islanders"; "Court won't hear appeal on warrantless entry"; "Court won't get involved in Idaho judges' fight"; "Court won't give Saudi citizen new trial"; and "Court won't hear appeal from Lupe Fiasco mentor."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court passes up jury bias case."
Posted at 10:04 AM by Howard Bashman



"Hastings heads to Supreme Court; Case concerns school's right to deny recognition of student group in violation of membership policy": This article appears today in The Daily Bruin.
Posted at 07:30 AM by Howard Bashman


Sunday, April 4, 2010

"High Court: Justices increasingly speaking outside the courtroom." Robert Barnes will have this article Monday in The Washington Post.
Posted at 10:42 PM by Howard Bashman


"Court Challenge: Replacing Stevens." Jess Bravin will have this article Monday in The Wall Street Journal.

Joan Biskupic of USA Today has a news update headlined "Senator to Stevens: 2010 retirement would lead to 'gridlock.'"

The Guardian (UK) reports that "Expected retirement sets stage for US Senate battle; Liberal wing leader on supreme court John Paul Stevens says he is close to retirement prompting speculation about replacement."

The Associated Press reports that "Specter hopes Justice Stevens doesn't quit in 2010."

The Washington Post has a blog entry titled "Specter urges Justice Stevens to remain on court."

Politico.com has a blog post titled "Specter predicts filibuster fight for Supreme Court."

And The Hill has a blog post titled "Specter has Stevens replacement in mind, wants more diversity."
Posted at 07:33 PM by Howard Bashman



"U.S. Supreme Court: Wallowin' again in that ol' soft money." UPI.com has this report.
Posted at 12:54 PM by Howard Bashman


"Will Christie begin to remake top court?" Today's edition of The Philadelphia Inquirer contains a front page article that begins, "Conservatives have long blamed the New Jersey Supreme Court for making a mess of some of the state's most vexing issues, from affordable housing to public school funding. Now those same conservatives are calling for Gov. Christie, a Republican, to start overhauling the court by replacing Justice John E. Wallace Jr. instead of renominating him when his first term ends May 20."
Posted at 12:45 PM by Howard Bashman


"Why judges are now defendants in the court of public opinion": Today in The Sacramento Bee, law professor Paul D. Paton has an op-ed that begins, "Judges have been in the news again, and not always for the right reasons. Concerns about impartiality and judicial conduct have come from both ends of the political spectrum as courts decide questions that ignite political passions."
Posted at 12:40 PM by Howard Bashman


"Next Challenge to Gun Laws Headed to D.C. Circuit": David Ingram has this post at "The BLT: The Blog of Legal Times."
Posted at 12:35 PM by Howard Bashman


"Court Ruling on Wiretap Is a Challenge for Obama": James Risen and Charlie Savage had this article Friday in The New York Times.
Posted at 11:11 AM by Howard Bashman


"GOP runoff for Supreme Court pits longtime judge, conservative activist; Background of candidates at forefront of philosophical split on what qualities high court justice should have": Chuck Lindell has this article today in The Austin American-Statesman.
Posted at 11:07 AM by Howard Bashman


"Supreme Court wades into Internet speech debate with hyperlinks case": Canwest News Service has a report that begins, "The Supreme Court of Canada, in one of its first cases dealing with the spread of information on the Internet, will decide whether the everyday practice of hyperlinking can expose a writer to a lawsuit if a linked article is defamatory."

And The Canadian Press reports that "Internet link case to go before Supreme Court."
Posted at 10:40 AM by Howard Bashman



"Who will be the next chief justice?" The Columbus Dispatch today contains an article that begins, "Gov. Ted Strickland will make one of the most important appointments of his political career when he names a replacement for Ohio Supreme Court Chief Justice Thomas J. Moyer, who died unexpectedly Friday after suffering from an irregular heartbeat and intestinal blockage."
Posted at 10:35 AM by Howard Bashman


"U.S. Supreme Court: Will distress trump the First Amendment right to free speech?" Harriet Robbins Ost of UPI has a report that begins, "Next fall, the U. S. Supreme Court will hear the case of Snyder vs. Phelps, in which it's possible the speech-related practices of an obnoxious group will be curbed -- but at the price of some new First Amendment fetters."
Posted at 10:33 AM by Howard Bashman


"A Liberal Nominee -- And A Proposal: Republicans should leverage an upcoming nomination battle into a deal with Democrats to give all judicial nominees a fair shake." Stuart Taylor Jr. has this new installment of his "Opening Argument" column in the current edition of National Journal.
Posted at 10:32 AM by Howard Bashman


"Sen. Kyl Fires First Shot in Battle Over Next Supreme Court Nominee": FOXNews.com has this report.
Posted at 10:30 AM by Howard Bashman


"Texas case could decide health care reform suit; State officials argue a 1992 ruling on school gun possession is relevant": The Houston Chronicle today contains an article that begins, "A Texas high school student's decision to bring a .38-caliber handgun to school in 1992 could end up at the center of the legal fight over President Barack Obama's health care reform plan. Alfonso Lopez Jr.'s arrest at Edison High School in San Antonio set in motion a legal battle that may prove crucial to 13 state attorneys general fighting the new law."
Posted at 10:27 AM by Howard Bashman


"Teen cancer patient who is passionate about the law gets a dream trip to the Supreme Court": Today's edition of The Kansas City Star contains an article that begins, "Three things the Parkville teenager noticed at the U.S. Supreme Court: Sonia Sotomayor loves to drink coffee. Keeps two silver Thermoses at her elbow. She and the other justices are not stoic, godlike figures. They are real people who rock their chairs and fidget like everyone else. Antonin Scalia is funny. Ruth Bader Ginsburg looks much younger than her photos. And when it comes to debating the law, the justices let piercing questions fly like arrows."
Posted at 10:24 AM by Howard Bashman


Saturday, April 3, 2010

"School Law Clinics Face a Backlash": Sunday's edition of The New York Times will contain an article that begins, "Law school students nationwide are facing growing attacks in the courts and legislatures as legal clinics at the schools increasingly take on powerful interests that few other nonprofit groups have the resources to challenge."
Posted at 08:03 PM by Howard Bashman


"After years as justice, John Paul Stevens wants what's 'best for the court'": Robert Barnes will have this article Sunday in The Washington Post.

In Sunday's edition of The New York Times, Adam Liptak will have an article headlined "At 89, Stevens Contemplates Law, and How to Leave It."

The Associated Press reports that "Justice Stevens says he'll retire in Obama's term."

And Reuters reports that "US high court's Stevens to decide soon on retiring."
Posted at 07:55 PM by Howard Bashman



"Kagan, Judges Said to Be Considered for Supreme Court": Greg Stohr of Bloomberg News has this report.
Posted at 05:15 PM by Howard Bashman


Friday, April 2, 2010

"Ohio Chief Justice Thomas J. Moyer dies": The Columbus Dispatch has a news update that begins, "Ohio Chief Justice Thomas Moyer died unexpectedly today at age 70. Moyer had been experiencing health problems, but they were not thought to be life threatening, according to a statement from the court."
Posted at 07:51 PM by Howard Bashman


"Court battle could upend President Obama's agenda": At Politico.com, Josh Gerstein has an article that begins, "The White House's aggressive drive to recalibrate its message and emphasize the issues it thinks will resonate best with voters could be upended if -- as is widely expected -- John Paul Stevens, the Supreme Court's senior justice, decides it is time to retire."
Posted at 05:12 PM by Howard Bashman


"Court: 30-year ban on computer use too much." The Associated Press has a report that begins, "A convicted sex offender should not have been forbidden to use or possess a computer for 30 years after he was released from prison, a federal appeals court ruled Friday."

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Appeals Court Rejects 30-Year Ban on Computer Use for Sex Offender."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 03:22 PM by Howard Bashman



"The Honorable William Jay Riley became Chief Judge of the United States Court of Appeals for the Eighth Circuit on April 1, 2010." So notes an opinion that the U.S. Court of Appeals for the Eighth Circuit issued today. The opinion itself begins, "Appellant Patricia Dodson seeks control over the fate of eighteen cryogenically frozen embryos, which she created with her ex-husband through the In-Vitro Fertilization Program at the University of Arkansas for Medical Sciences."
Posted at 03:14 PM by Howard Bashman


"New York's top judge says lack of raise 'demoralizing' to busy judiciary": This article appears today in The Post-Standard of Syracuse, New York.
Posted at 09:12 AM by Howard Bashman


"Courting Judges": The April 19, 2010 issue of The Nation contains an editorial that begins, "For decades, Republicans made judicial selection a priority and set the terms of debate."
Posted at 09:10 AM by Howard Bashman


"State Court Limits Scope of Warrants for Searches": The New York Times today contains an article that begins, "New York's highest court ruled on Thursday that police departments cannot use general warrants that apply to a specific location to search every person they find there unless there is probable cause to believe that a particular person is involved in criminal activity."

The Post-Standard of Syracuse, New York reports that "State's top court takes issue with how all-persons-present search warrants are executed in Syracuse."

And The Associated Press reports that "Court faults broad warrant, strip search."

You can access yesterday's ruling of the New York State Court of Appeals -- that State's highest court -- at this link.
Posted at 09:08 AM by Howard Bashman



"Utah Supreme Court hears argument on future of malpractice claims": Today's edition of The Deseret News contains an article that begins, "The Utah Supreme Court heard arguments Thursday regarding whether the statute of limitations runs on claims of malpractice when the damage itself is known or when the extent of damage has been determined."
Posted at 08:55 AM by Howard Bashman


Access online the audio of Justice Stephen G. Breyer's remarks Wednesday at Johns Hopkins University's Paul H. Nitze School of Advanced International Studies: The audio is available via this link. Justice Breyer delivered the annual Rostov Lecture on International Affairs and spoke on the subject of "The Court and Foreign Law."
Posted at 08:52 AM by Howard Bashman


Thursday, April 1, 2010

"Court Requires Warning About Deportation Risk": Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that "Supreme Court says lawyers must tell immigrant clients of deportation risk."

David G. Savage of The Los Angeles Times reports that "Defendants deserve immigration advice, court rules; The Supreme Court confronts a strict federal law on deportation in two criminal cases."

Joan Biskupic of USA Today reports that "Lawyers must point out deals' deportation risks; Supreme Court's 7-2 decision cites right to effective counsel."

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court: Lawyers must advise immigrants of deportation threat; The US Supreme Court said that criminal defense lawyers are bound by the Constitution to let immigrant defendants who are not US citizens know when a guilty plea could lead to deportation."

Tony Mauro of The National Law Journal reports that "High Court Deportation Ruling Sets New Standard for Legal Advice."

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "High Court: Lawyers Must Give Immigration Advice."
Posted at 10:18 PM by Howard Bashman



"Deadlock Is Ending on Labor Board": The New York Times contains this article today.
Posted at 09:02 PM by Howard Bashman


"How About Those Tomato Sandwiches . . . What does a former chief justice of the Georgia Supreme Court do when she's mistaken for the restroom attendant?" Leah Ward Sears has this op-ed today in The Wall Street Journal. You can freely access the full text via Google News.
Posted at 08:47 PM by Howard Bashman


"Supreme Court Ruling Could Lower Mutual-Fund Fees": This article appears today in The Wall Street Journal.
Posted at 08:37 PM by Howard Bashman


"Ninth Circuit Judge Andrew J. Kleinfeld to Take Senior Status": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 08:25 PM by Howard Bashman


"Court rules lame pigs can't be turned into meat": Bob Egelko has this article today in The San Francisco Chronicle.

The Press-Enterprise of Riverside, California reports today that "Federal appeals court reinstates downer cow law."

The Los Angeles Times has a blog post titled "Federal court upholds California ban on sale of 'downer' pork."

The Associated Press has a report headlined "Court: California can apply animal ban to pigs."

Metropolitan News-Enterprise reports that "Court Rules California Can Regulate Slaughter of 'Downer' Pigs."

And law.com reports that "9th Circuit Reinstates Ban on 'Downer' Animals."

Chief Judge Alex Kozinski wrote yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 08:20 PM by Howard Bashman



"Microsoft request for patent suit review is nixed": The Associated Press has this report.
Posted at 08:04 PM by Howard Bashman


"Conservatives Aim at 9th Circuit Nominee's Questionnaire": David Ingram has this post at "The BLT: The Blog of Legal Times."
Posted at 06:20 PM by Howard Bashman


"Abortion doc's killer lashes out at court": The Associated Press has this report.

And The Wichita Eagle has a news update headlined "'If you would follow a higher power, you would acquit me' says Roeder."
Posted at 06:04 PM by Howard Bashman



"Appeal court: Judge was wrong to find woman in contempt when her cell phone rang in courtroom; Appeals court sides with woman whose cell phone was thrown in the trash after it rang in Circuit Judge Anthony Johnson's courtroom": This article appears today in The Orlando Sentinel.

You can access last week's ruling of Florida's Fifth District Court of Appeal at this link.
Posted at 04:10 PM by Howard Bashman



"NY court revives Tiffany's false ad claim vs. eBay": The Associated Press has a report that begins, "EBay Inc. might be violating false-advertising laws if it does not warn consumers that some of the Tiffany products offered by sellers on its Web site are not authentic, a federal appeals court said Thursday."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 12:10 PM by Howard Bashman



"Supreme Court Ruling Opens Federal Courts to More Class Actions": Marcia Coyle of The National Law Journal has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Sorting out an Erie sequel."
Posted at 10:50 AM by Howard Bashman



"Supreme Court notebook: Looking abroad for tips." Jesse J. Holland of The Associated Press has this report.
Posted at 10:33 AM by Howard Bashman


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