How Appealing

Friday, December 31, 2010

"Roberts Urges Obama and Senate to Fill Judicial Posts": Adam Liptak will have this article Saturday in The New York Times.

Robert Barnes of The Washington Post has a news update headlined "Justice Roberts urges end to partisan fights blocking action on federal judges."

David G. Savage of The Los Angeles Times has a news update headlined "Chief justice urges end to partisan stalling; In his year-end report on the federal courts, John G. Roberts Jr. calls on both parties in Congress to more swiftly approve federal judicial nominees."

Jess Bravin of The Wall Street Journal has a news update headlined "Chief Justice Decries Brawling Over Judicial Nominees."

Jesse J. Holland of The Associated Press reports that "Supreme Court to cut costs to fight deficit."

Bloomberg News reports that "Chief Justice Urges End to Politics on U.S. Judicial Vacancies."

At "SCOTUSblog," Lyle Denniston has a post titled "Chief: End partisan feuds over judgeships."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "In Year-End Report, Roberts Urges End to Judicial Confirmation Logjam."

You can access Chief Justice John G. Roberts, Jr.'s "2010 Year-End Report on the Federal Judiciary" at this link.
Posted at 10:30 PM by Howard Bashman



"Adult drive-thru store in Alabama offers privacy": Jay Reeves of The Associated Press has this report.

According to the article, the store "is owned by Florida businesswoman Sherri Williams, who fought the state for almost a decade over what's considered by free-speech advocates to be one of the nation's toughest anti-obscenity laws. Among other things, the 1998 law banned the sale of products intended for sexual stimulation."
Posted at 10:54 AM by Howard Bashman



"Court punishes bay area lawyers who called each other 'hack' and 'loser' -- and worse": This article appears today in The St. Petersburg Times.
Posted at 10:46 AM by Howard Bashman


"San Jose judge set to become chief of Bay Area's federal courts": Today in The San Jose Mercury News, Howard Mintz has an article that begins, "For San Jose-based U.S. District Judge James Ware, becoming the Bay Area's next chief federal judge means more than assuming a key leadership role in the judiciary. It is also a return to the spotlight for the first time since a public humiliation 13 years ago almost cost him his career."
Posted at 10:37 AM by Howard Bashman


"Election arguments heard: Justices deliberate validity of results." The Pacific Daily News of Guam contains this article today.
Posted at 10:35 AM by Howard Bashman


"Chief justice appointed to municipal court seat; Eric Brown to take Franklin County post": Today's edition of The Columbus Dispatch contains an article that begins, "The chief justice of the Ohio Supreme Court has a new job at the other end of the judicial hierarchy."
Posted at 10:33 AM by Howard Bashman


"Democrats seek support to keep justices on court": Grant Schulte has this article today in The Des Moines Register.
Posted at 10:30 AM by Howard Bashman


"The Court Case Haunting Health Care: Legal challenges to health reform will use a 1942 precedent, when the Supreme Court broadened Congress' right to regulate interstate commerce." Greg Stohr of Bloomberg News has an article that begins, "Before there was the Tea Party, there was Roscoe Filburn. Almost 60 years ago, Filburn took a stand against what he saw as federal meddling with his family farm in Dayton. When the Agriculture Dept. fined him for exceeding his government-imposed quota for winter wheat production, Filburn sued, taking his case all the way to the Supreme Court."
Posted at 10:23 AM by Howard Bashman


Thursday, December 30, 2010

"Appointment of Honorable Scott M. Matheson, Jr. to the Tenth Circuit Court of Appeals": The U.S. Court of Appeals for the Tenth Circuit issued this news release today.
Posted at 11:45 PM by Howard Bashman


"Big Second Amendment Opinion from the Fourth Circuit, Related to the Ban on Gun Possession by Domestic Violence Misdemeanants": At "The Volokh Conspiracy," Eugene Volokh has this post about a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 11:33 PM by Howard Bashman


"Abortion Takes Flight": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 10:58 PM by Howard Bashman


"Constitution is focus of new GOP House rules": This front page article appears today in The Washington Post.
Posted at 10:55 PM by Howard Bashman


"New Congress Means New Headaches for Holder": Charlie Savage will have this article in Friday's edition of The New York Times.
Posted at 03:57 PM by Howard Bashman


"Jets fan seek high court review of 'Spygate' suit": The Associated Press has this report.
Posted at 03:55 PM by Howard Bashman


"Immigration dispute erupts in Va. courts": In today's edition of The Washington Post, Tom Jackman has an article that begins, "A recent U.S. Supreme Court ruling that noncitizens in criminal cases must be advised of the possible consequences of a conviction has sparked a flurry of appeals by defendants who claim that they didn't know that conviction would lead to deportation."
Posted at 12:15 PM by Howard Bashman


Wednesday, December 29, 2010

"Three Supreme Court justices to file final opinions Thursday": The Globe Gazette of Mason City, Iowa has this news update.

And The Sioux City Journal has a blog post titled "Vander Plaats raising money to oust remaining Iowa judges."
Posted at 11:28 PM by Howard Bashman



"Ohio Supreme Court upholds state law blocking Cleveland's gun law": The Cleveland Plain Dealer has this news update.

The Columbus Dispatch has a news update headlined "Ohio Supreme Court shoots down local gun control."

Thursday's edition of The New York Times will contain an article headlined "Ohio Court Limits Power of Localities on Gun Laws."

And the Public Information Office of the Supreme Court of Ohio issued a news release headlined "Supreme Court Upholds as Constitutional State Law Displacing Local Gun-Control Ordinances; Legislation Does Not Violate Cities' 'Home Rule' Powers."

You can access today's ruling of the Supreme Court of Ohio at this link.
Posted at 10:25 PM by Howard Bashman



"California Chief Justice Ronald George leaves historic legacy; George will leave the state Supreme Court on Jan. 2. He consolidated municipal and superior courts and brought them under his authority; He also wrote key decisions on abortion and same-sex marriage": Maura Dolan will have this article Thursday in The Los Angeles Times.
Posted at 10:14 PM by Howard Bashman


"Obama announces 6 recess appointments": The Associated Press has this report.

The official news release from The White House is headlined "President Obama Announces Recess Appointments to Key Administration Posts."
Posted at 10:06 PM by Howard Bashman



"Chevron tries to use foe's words against them": Today's edition of The San Francisco Chronicle contains an article that begins, "Locked in a bitter environmental lawsuit in Ecuador, Chevron Corp. has unleashed an arsenal of potentially potent new weapons in the case - private documents written by the other side's lawyers."

Last Thursday's edition of The Philadelphia Inquirer contained a front page article headlined "Venerable Center City law firm embroiled in Chevron fraud case."

Two Saturdays ago, The Wall Street Journal reported that "Chevron Forces Legal Change; Recent Moves in Ecuador Oil-Pollution Suit Have Plaintiffs Revamping Approach."

And at his "Full Disclosure" blog at Forbes,com, Daniel Fisher has recent posts titled "Note To Litigators: Don't Film Your Strategy Sessions" and "Chevron Ecuador Case A Shambles, Former Backer Says."
Posted at 04:42 PM by Howard Bashman



The Seventh Circuit grants permission for defendants to pursue an interlocutory appeal challenging whether a complaint alleging that defendants conspired to fix prices of text messaging services satisfies the pleading standards of Bell Atlantic Corp. v. Twombly: And that's about the extent of the good news for defendants in today's ruling of the U.S. Court of Appeals for the Seventh Circuit, as Circuit Judge Richard A. Posner (writing on behalf of a unanimous three-judge panel) agrees with the district court that "the second amended complaint provides a sufficiently plausible case of price fixing to warrant allowing the plaintiffs to proceed to discovery."
Posted at 04:03 PM by Howard Bashman


Today's Third Circuit victory: The U.S. Court of Appeals for the Third Circuit today issued this judgment order affirming the ruling of the District Court of the U.S. Virgin Islands in a case in which I represent the appellee. You can access at this link the brief for appellee that I filed in the case.

Affirmance appeared likely when the three-judge panel assigned to decide the case did not select the case for oral argument, which explains why I was not in St. Croix two weeks ago.

And now for some Virgin Islands federal judicial trivia. The District Court of the Virgin Islands is a federal court, but it is not an Article III court. Rather, the Virgin Islands District Court is an Article IV territorial court. This may explain why it is incorrect to refer to the Virgin Islands District Court as a "U.S. District Court." By contrast, since 1966, Puerto Rico has been home to an Article III U.S. District Court whose judges enjoy life tenure.
Posted at 03:48 PM by Howard Bashman



"Jury's still out on justice in 2010: The last 12 months turned into a year of anxious waiting on landmark decisions in the U.S. justice system." CBS Radio legal analyst Andrew Cohen has this op-ed today in The Los Angeles Times.
Posted at 08:32 AM by Howard Bashman


"Bluffton ruling puts liability on schools; University's insurance must cover fatal bus crash in 2007, Ohio justices say in 5-2 decision": The Columbus Dispatch contains this article today.

And The Toledo Blade reports today that "Ohio Supreme Court opens way for more payouts in Bluffton bus crash."

My earlier coverage of yesterday's Ohio Supreme Court ruling appears at this link.
Posted at 08:30 AM by Howard Bashman



"Askins, two judges advance in Oklahoma Supreme Court selection process; Oklahoma Gov. Brad Henry will review the three nominees from the Oklahoma Judicial Nominating Commission; If he is to make his sixth appointment to the high court, he must act before noon Jan. 10": This article appears today in The Oklahoman.

And The Tulsa World reports today that "Jari Askins among 3 sent to Gov. Henry for Oklahoma Supreme Court slot."
Posted at 08:25 AM by Howard Bashman



"High court halts planned sale of 11 buildings": Bob Egelko has this article today in The San Francisco Chronicle.

And The Los Angeles Times reports today that "Foes of California government buildings' sale win court victory; The state Supreme Court declines to hear an appeal from Gov. Schwarzenegger to approve the deal; The decision ensures that final approval must come from Gov.-elect Jerry Brown after he takes office in January."
Posted at 08:24 AM by Howard Bashman



"Young aims to be state's next chief justice; Conservative jurist says he has the votes to nab top spot, promises less court infighting": The Detroit News contains this article today.
Posted at 08:20 AM by Howard Bashman


"Court revives low-tar cigarette case; Minnesota judges rule in favor of consumers who believed ads that pitched Marlboro Lights as healthier than other cigarettes": This article appears today in The Minneapolis Star Tribune.

And The St. Paul Pioneer Press reports today that "Minnesota court revives suit against Philip Morris; Judges rule low-tar cigarette case can go forward as class action."

You can access yesterday's ruling of the Minnesota Court of Appeals at this link.
Posted at 08:17 AM by Howard Bashman



"Companies lining up behind i4i in Supreme Court case against Microsoft": The Seattle Times provides this report.
Posted at 08:12 AM by Howard Bashman


Tuesday, December 28, 2010

"Former Justices O'Connor & Souter on Cameras in the Court": C-SPAN has posted this video clip online at YouTube.
Posted at 10:22 PM by Howard Bashman


"Terrain Shifts in Challenges to the Health Care Law": This article will appear Wednesday in The New York Times.
Posted at 10:20 PM by Howard Bashman


"In this case, the plaintiff's attorneys * * * filed a sixty-three page errata sheet containing 868 attempted changes to their client's deposition testimony": Today. the majority on a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit upholds a federal district court's imposition of sanctions against the attorneys who created that errata sheet. Circuit Judge Ed Carnes wrote the majority opinion.

A senior U.S. District Judge, sitting by designation, joined in all of Judge Carnes's opinion except for Section III.C. (pages 49 to 62 of the PDF document), in which Judge Carnes addresses (and, some might say, dismantles) the theory on which the dissenting opinion of Circuit Judge Gerald Bard Tjoflat is based.
Posted at 08:55 PM by Howard Bashman



"D.C. Circuit Warns Defendants: Mind Your Language." Mike Scarcella has this post today at "The BLT: The Blog of Legal Times."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 05:38 PM by Howard Bashman



"The key to settling a big fight: The Court can take some -- perhaps a good deal -- of the credit for the settlement of an interstate fight that had been unfolding on its docket for two and a half years." Lyle Denniston has this post at "SCOTUSblog."
Posted at 05:36 PM by Howard Bashman


Circuit Judge Diane P. Wood issues lengthy dissent from a three-judge Seventh Circuit panel's refusal to recognize the University of Wisconsin's waivers of sovereign immunity by litigation conduct: You can access both today's majority opinion and Judge Wood's dissent by clicking here.
Posted at 03:28 PM by Howard Bashman


"Ohio Supreme Court rules in bus wreck survivors' favor": The Columbus Dispatch has a news update that begins, "In a victory for the families of victims of a 2007 bus crash involving the Bluffton University baseball team, the Ohio Supreme Court today ruled that the university's insurance is liable to cover the costs of the accident."

The Associated Press reports that "Ohio's highest court says university's insurance should cover deadly 2007 bus crash."

And the Public Information Office of the Supreme Court of Ohio issued a news release headlined "Driver of Chartered Bus Is Insured Under 'Hired Vehicle' Clause in College's Insurance Policy."

You can access today's ruling of the Supreme Court of Ohio at this link.
Posted at 03:08 PM by Howard Bashman



"Obama's Detainee Mess: The White House prefers indefinite detention to military tribunals." This editorial appears today in The Wall Street Journal. You can freely access the full text of the editorial via Google News.
Posted at 10:35 AM by Howard Bashman


"Feds pull rules to fast-track death penalty cases": In Sunday's edition of The San Francisco Chronicle, Bob Egelko had an article that begins, "With prodding from a Bay Area judge, the Obama administration has quietly withdrawn regulations by President George W. Bush's Justice Department that would have helped California and other states put their death penalty cases on a fast track in federal courts."
Posted at 10:30 AM by Howard Bashman


"Weaver reflects on state's top court; She served on the Michigan Supreme Court for 36 years": The Traverse City Record-Eagle contains this article today.

And today's edition of The Detroit Free Press contains an interview feature headlined "Justice Alton Davis on his brief, awkward term in office."
Posted at 10:28 AM by Howard Bashman



"Court blocks sale of state properties, likely scuttling Schwarzenegger plan": This front page article appears today in The Sacramento Bee.

And today in The San Francisco Chronicle, Bob Egelko reports that "Calif. state building sale ban extended by court."
Posted at 10:22 AM by Howard Bashman



"Judge says cops can't track with GPS; 'Unreasonable search' ruling tosses out marijuana evidence": Sean O'Sullivan of The News Journal of Wilmington, Delaware today has an article that begins, "In what may set a Delaware precedent, a Superior Court judge has gutted a criminal case against a Newark man who was pulled over with 10 pounds of marijuana because police used a GPS tracking device without a warrant to follow him for nearly a month."
Posted at 10:11 AM by Howard Bashman


"Supreme Court to review Oneida reservation's existence": Today's edition of The Post-Standard of Syracuse, New York contains an article that begins, "The U.S. Supreme Court has set a date to hear from attorneys for Madison and Oneida counties and the Oneida Indian Nation on whether the counties can foreclose on nation land."
Posted at 10:09 AM by Howard Bashman


"Obama trails Bush on judicial confirmations; Partisans squabble over disparity": This article appears today in The Washington Times.

And today's edition of The Clarion-Ledger of Jackson, Mississippi contains an editorial entitled "Graves: Will he be a political casualty?"
Posted at 10:05 AM by Howard Bashman



"Judges must increase confidence of public; Lack of trust can undermine courts' foundations": Shira Goodman and Lynn A. Marks have this op-ed today in The Philadelphia Inquirer.
Posted at 10:02 AM by Howard Bashman


"Supreme Court won't hear appeal in conviction of former CGA cadet": Today's edition of The Day of New London, Connecticut contains an article that begins, "The U.S. Supreme Court has refused to hear an appeal of the conviction of Webster Smith, the only Coast Guard Academy cadet ever court-martialed."
Posted at 09:55 AM by Howard Bashman


"Will states consider new tests for 'Roe'?" Robert Barnes has this front page article today in The Washington Post.
Posted at 09:52 AM by Howard Bashman


Monday, December 27, 2010

"Jersey Judge Grudge: Chris Christie's refusal to reappoint a judge roils the Garden State." Tuesday's edition of The Wall Street Journal will contain an editorial that begins, "For old-fashioned political arm-twisting it's hard to beat New Jersey, where a fight over a vacant seat on the state Supreme Court has a lawmaker attacking a judge for doing something so outrageous as defending the rule of law." You can freely access the full text of the editorial via Google News.
Posted at 09:30 PM by Howard Bashman


Access online C-SPAN's complete interview With Justice Elena Kagan: I linked to previews of the interview in this post from December 13, 2010. You can now access online the complete interview by clicking here.
Posted at 09:07 PM by Howard Bashman


"Sotomayor Guides Court's Liberal Wing": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 08:57 PM by Howard Bashman


"Top court affirms Ohio's tax on satellite TV; Cable companies don't have to pay it": The Columbus Dispatch has this news update.

The Cleveland Plain Dealer has a news update headlined "Satellite TV customers must continue paying state sales tax, state Supreme Court rules."

The Associated Press reports that "Ohio Supreme Court OKs state's satellite TV tax."

And the Public Information Office of the Supreme Court of Ohio issued a news release headlined "Ohio Law Imposing Sales Tax on Satellite TV But Not on Cable Does Not Violate U.S. Commerce Clause."

You can access today's ruling of the Supreme Court of Ohio at this link.
Posted at 08:27 PM by Howard Bashman



"Righthaven disputes fair use defense in copyright case": This article appears today in The Las Vegas Sun.
Posted at 04:30 PM by Howard Bashman


"Wiggins to lead search for Iowa Supreme Court justices": Grant Schulte has this article today in The Des Moines Register.
Posted at 10:34 AM by Howard Bashman


Sunday, December 26, 2010

"Sotomayor protests court's refusal of appeals": Joan Biskupic will have this article Monday in USA Today.
Posted at 06:54 PM by Howard Bashman


"Hannah Clayson Smith: Two-time Supreme Court clerk balances legal endeavors with motherhood." This lengthy profile appears today in The Deseret News. A related Q&A can be accessed here.
Posted at 01:38 PM by Howard Bashman


"Under the U.S. Supreme Court: 'Ho, ho, ho, who wouldn't go' -- to court and sue?" Michael Kirkland of UPI has this report.
Posted at 01:30 PM by Howard Bashman


"Standoff between Gov. Christie, Sen. Sweeney heightens politicization of N.J. Supreme Court": The Newark Star-Ledger contains this article today.
Posted at 01:22 PM by Howard Bashman


Saturday, December 25, 2010

"Snow removal law may face test; Shovelers brace for 1st big storm since SJC ruling": This article appears today in The Boston Globe.
Posted at 08:56 PM by Howard Bashman


"Sotomayor, Kagan shift Supreme Court debates to the left; The liberal wing is no longer drowned out by Scalia and his fellow conservatives during oral arguments": David G. Savage will have this article Sunday in The Los Angeles Times.
Posted at 08:40 PM by Howard Bashman


Friday, December 24, 2010

"Vander Plaats pushes four justices to resign": Today's edition of The Des Moines Register contains an article that begins, "Impeachment isn't the best route for getting rid of the four remaining Iowa Supreme Court justices who authored the gay marriage ruling - it's better that they resign, a conservative leader said Thursday."
Posted at 03:14 PM by Howard Bashman


Brief filed yesterday opposing Pa. Supreme Court review of the Pa. Superior Court's decision reversing the entry of summary judgment against plaintiffs, on statute of limitations grounds, in 14 consolidated hormone replacement therapy breast cancer appeals: You can access at this link the answer that I filed on behalf of the plaintiffs yesterday in the Pa. Supreme Court in opposition to Wyeth and Upjohn's petition for allowance of appeal in these 14 cases.

The Pa. Superior Court's ruling in plaintiffs' favor can be accessed here. My earlier coverage of this case appears in posts that you can access here and here.
Posted at 03:00 PM by Howard Bashman



"For judges, inconsistent use of ethics rules is evident": The Washington Post today contains an article that begins, "The nation's top federal judicial ethics panel told a judge in Maryland five years ago that his membership on the board of an anti-regulatory group violated two canons of ethics, provoking his immediate resignation from the board. But the authority's opinion was not published until this month and three other federal judges - including one of the nation's 13 circuit court chief justices - presently sit on the same group's board."
Posted at 09:02 AM by Howard Bashman


"Bruno appeal seeks to end case; Appeals court asked to toss conviction, bar retrial of ex-senator, 81": Today's edition of The Times Union of Albany, New York contains an article that begins, "Attorneys for former state Senate Majority Leader Joseph L. Bruno filed his appeal brief Thursday seeking to toss his conviction on honest services fraud. It also asks the U.S. Second Circuit Court of Appeals in Manhattan to bar federal prosecutors from retrying the 81-year-old Republican."
Posted at 08:52 AM by Howard Bashman


"Yes, Virginia, there is a Supreme Court": Michael Kirkland of UPI has this report.
Posted at 08:42 AM by Howard Bashman


"Many Judicial Picks Aren't Confirmed; Some of Obama's Key Choices for Federal Slots Failed to Receive Full Senate Vote or Committee Review": Evan Perez had this article yesterday in The Wall Street Journal.
Posted at 08:37 AM by Howard Bashman


"Miller to decide Monday on new appeal; Legal experts say Senate candidate has slim chance in federal courts": This article appears today in The Anchorage Daily News.
Posted at 08:25 AM by Howard Bashman


"A judge who's used to dissent": Today's edition of The Philadelphia Inquirer contains a front page article that begins, "Justice Roberto Rivera-Soto has unabashedly gone his own way over the last six years on the New Jersey Supreme Court."
Posted at 08:20 AM by Howard Bashman


Thursday, December 23, 2010

"Court upholds mobile home rent controls; Ruling in a Goleta case, the U.S. 9th Circuit Court of Appeals says park owners' property rights are not infringed on by laws controlling how much they can charge for monthly site rentals": Carol J. Williams has this article today in The Los Angeles Times.

My earlier coverage of yesterday's en banc Ninth Circuit ruling appears at this link.
Posted at 10:08 PM by Howard Bashman



"Senate Confirms Nomination of Mary H. Murguia to Ninth Circuit Court of Appeals": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release.
Posted at 05:54 PM by Howard Bashman


"Direct elections discussed for judges; Lawmakers like idea of voters, not merit panel, for selection process": Howard Fischer has this article in today's edition of the Arizona Business Gazette.
Posted at 05:38 PM by Howard Bashman


"Fertility ruling spawns new round of confusion": Today's edition of The Toronto Globe and Mail contains an article that begins, "A long-awaited Supreme Court ruling that takes the business of regulating the clinical world of baby-making out of Ottawa's hands has raised questions about the future of fertility treatments in Canada, and fears that the black market for human eggs and sperm will continue to thrive."

Today's edition of The Montreal Gazatte contains an article headlined "Quebec, IVF proponents praise top court ruling; Decision gestated for 20 months; Fertility expert hopes Quebec will set an example for other provinces to follow."

The Toronto Star reports that "Fertility clinics up to provinces to regulate, top court rules."

The Toronto Sun contains an article headlined "Court ruling good for patients: doctor."

The Winnipeg Free Press reports that "Court grapples with fertilization; Provinces have power over sperm, eggs."

Postmedia News reports that "Future of federal agency uncertain after Supreme Court fertility ruling."

And The Calgary Herald reports that "Alberta fertility industry to remain unregulated; Provinces responsible, says top court."

You can access yesterday's ruling of the Supreme Court of Canada at this link.
Posted at 05:02 PM by Howard Bashman



"Justices weigh election arguments": Friday's edition of The Pacific Daily News of Guam contains an article that begins, "The Supreme Court of Guam decided last night to hear arguments in an election challenge filed by the defeated gubernatorial campaign team before the inauguration of the governor-elect."
Posted at 04:50 PM by Howard Bashman


"Vander Plaats compares Iowa justices to teens who flee a beer party": The Des Moines Register has this blog post today.
Posted at 04:48 PM by Howard Bashman


"Behind-the-scenes tour reveals Supreme Court traditions, grandeur": Bill Mears of CNN.com has this report.
Posted at 04:46 PM by Howard Bashman


Josh Gerstein is reporting: At Politico.com, he has an article headlined "Barack Obama's plan to close Gitmo 'in shambles.'"

And at his "Under the Radar" blog, he has a post titled "Obama administration readies first execution."
Posted at 04:40 PM by Howard Bashman



"Cheerleader taking free-speech suit to high court": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 01:47 PM by Howard Bashman


Fifth Circuit grants rehearing en banc in case raising the issue whether the law is clearly established that the First Amendment prohibits religious viewpoint discrimination at the elementary school level: The lawsuit arises from the decision of the Plano (Tex.) Independent School District to prohibit Michaela Wade from distributing to her elementary school classmates at the annual "winter break" party pencils bearing the inscription "Jesus is the Reason for the Season."

A unanimous three-judge panel ruled -- first in late June 2010 and then by means of an amended opinion reaching the same result issued late last month -- that "it has been clear for over half a century that the First Amendment protects elementary school students from religious-viewpoint discrimination," and thus school officials were not entitled to qualified immunity.

By means of an order issued last Friday (which the Fifth Circuit posted online yesterday), the Fifth Circuit has granted rehearing en banc in the case, so stay tuned! The case may put some of the Fifth Circuit's more conservative judges in a difficult position -- are schoolchildren entitled to some degree of freedom of religious expression under well-established law, or are school officials entitled to qualified immunity on a federal civil rights claim?

Earlier coverage of the case is available from the "School Law" blog of Education Week; from Texas Lawyer's "Tex Parte Blog" in posts titled "Principals not entitled to qualified immunity in religious viewpoint discrimination case" and "Candy cane case continues with Paul Clement representing old-school amici"; and from the "Legal Clips" blog of the National School Boards Association (here and here).
Posted at 10:40 AM by Howard Bashman



Wednesday, December 22, 2010

"This case poses the question of whether there is a vindictive judge or cowardly counsel exception to the contemporaneous objection rule." So begins an opinion that Circuit Judge Ed Carnes issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit.
Posted at 10:22 PM by Howard Bashman


"Vote Hurts Obama's Push to Empty Cuba Prison": Charlie Savage of The New York Times has a news update that begins, "Congress voted Wednesday to impose strict new limits on transferring detainees out of the Guantanamo Bay prison, dealing a major blow to President Obama's vows to shut down the center and give federal court trials to many of the prisoners."
Posted at 08:42 PM by Howard Bashman


"Supreme Court rules against Miller": The Anchorage Daily News has an update that begins, "The Alaska Supreme Court today ruled against Joe Miller on all counts, a decision that leaves his challenge of Sen. Lisa Murkowski's victory on life support."

The Associated Press reports that "Alaska high court throws out Miller claims."

And at his "Election Law Blog," law professor Rick Hasen has a post titled "Breaking News: Alaska Supreme Court Rejects Miller Appeal, Says Certification Can Go Forward."

You can access today's ruling of the Supreme Court of Alaska at this link.
Posted at 05:56 PM by Howard Bashman



"Senate Confirms Five Judicial Nominees": At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "President Barack Obama's nominees for three circuit judgeships and two district judgeships in Washington won confirmation today, as other judicial nominees remained in limbo."

And The Salt Lake Tribune has a news update headlined "Scott Matheson Jr. OK'd for appeals court position."
Posted at 05:08 PM by Howard Bashman



In the January 2011 issue of ABA Journal magazine: Mark Walsh will have an article headlined "Corporate Rights Are Again at Issue as AT&T Wants to Keep Info a Secret."

Mark Curriden will have an article headlined "Judging the Judges: Landmark Iowa Elections Send Tremor Through the Judicial Retention System."

And Leslie A. Gordon will have an article headlined "For Federal Plaintiffs, Twombly and Iqbal Still Present a Catch-22."
Posted at 03:34 PM by Howard Bashman



"A Pick for Sensitive Justice Post": In today's edition of The Wall Street Journal, Evan Perez has an article that begins, "The Obama administration plans to nominate a veteran Washington lawyer to head the Office of Legal Counsel, the Justice Department unit that has been the center of ideological battles over national security during the past decade. A senior administration official said Tuesday that President Barack Obama's nomination of Virginia Seitz is expected early in 2011, aiming to end a seven-year vacancy without a Senate-confirmed head in the office."

And at the "Lawfare" blog, Jack Goldsmith has a related post titled "New Nominee for Office of Legal Counsel."
Posted at 03:27 PM by Howard Bashman



"We address the viability of a takings claim arising out of a rent control ordinance affecting mobile home parks." So begins the opinion that the majority on an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued today in Guggenheim v. City of Goleta. Senior Circuit Judge Andrew J. Kleinfeld, who dissented from the original three-judge panel's decision before taking senior status on June 12, 2010, wrote today's en banc majority opinion.

Senior Circuit Judge Alfred T. Goodwin sat on the original three-judge panel that issued the Ninth Circuit's first ruling in this case, and thus Judge Goodwin qualified for the lottery to determine who would sit on the eleven-judge en banc panel. On the original three-judge panel, Judge Goodwin joined in the opinion from which Judge Kleinfeld dissented. Today, Judge Goodwin joins in Judge Kleinfeld's majority opinion for the en banc court.

Of course, today's en banc result comes as no surprise to law professor Shaun Martin of the "California Appellate Report" blog, who predicted it on the day the original three-judge panel's decision issued.

Earlier this year, law professor Richard A. Epstein posted online an article about the three-judge panel's ruling titled "Takings Law Made Hard" at SSRN.
Posted at 03:10 PM by Howard Bashman



"Detainee Review Proposal Is Prepared for President": In today's edition of The New York Times, Charlie Savage has an article that begins, "President Obama's advisers have been drafting an executive order that would set up a system for periodically reviewing the cases of Guantanamo prisoners whom courts have approved for detention without trial, officials said."
Posted at 08:15 AM by Howard Bashman


"Narragansetts fail in effort to win land-trust status in Rhode Island": This article appears today in The Providence Journal.
Posted at 08:14 AM by Howard Bashman


"Patrick looks for another SJC first; Asian-American Duffly is nominee": The Boston Globe contains this article today.
Posted at 08:10 AM by Howard Bashman


"Carolinas settle water-use case; Dispute between the two states was headed to the U.S. Supreme Court": This article appears today in The State of Columbia, South Carolina.
Posted at 08:07 AM by Howard Bashman


Tuesday, December 21, 2010

"Justices recuse themselves in office-building case": The Associated Press has a report that begins, "All seven members of the California Supreme Court on Tuesday recused themselves from hearing an appeal by the Schwarzenegger administration regarding the sale of state office buildings."

And the "At the Lectern" blog has a post titled "State-buildings-sale case back to the Supreme Court; Supreme Court recuses itself."
Posted at 10:46 PM by Howard Bashman



"Justice Breyer's Sharp Aim": Pauline Maier will have this op-ed Wednesday in The New York Times.
Posted at 10:42 PM by Howard Bashman


"States try to counter Supreme Court's minimum-price ruling": Joan Biskupic will have this article Wednesday in USA Today.
Posted at 10:36 PM by Howard Bashman


"Blogger gets 33 months for threatening Chicago judges on Internet; The blogger, a former Internet radio talk show host, was angry at three federal appeals court judges for upholding a Chicago gun ban; In his blog he wrote the judges 'deserve to be killed'": Warren Richey of The Christian Science Monitor has this report.

The Chicago Tribune has a news update headlined "Right-wing blogger Hal Turner gets 33-month prison sentence; Blogger wrote that 3 Chicago-based judges 'deserved to be killed.'"

And Reuters reports that "U.S. radio host gets prison for threatening judges."
Posted at 10:33 PM by Howard Bashman



"Senate judicial confirmations skip 2 California nominees; As stalling on Obama's judicial nominees eases, it seems Goodwin Liu and Edward M. Chen won't get a vote; Republicans oppose both": David G. Savage has this article today in The Los Angeles Times.

Josh Richman of The Oakland Tribune has a news update headlined "Boalt dean Liu's nomination to federal appeals court appears dead -- for now."

And The Providence (R.I.) Journal reports today that "Time running out on judicial nominee."
Posted at 10:28 PM by Howard Bashman



"After Fall of 'Don't Ask,' Pushing for 'I Do'": This article appears today in The New York Times.
Posted at 10:18 PM by Howard Bashman


"Newspaper Lawsuit Factory Sues Over 'Death Ray' Image": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 06:20 PM by Howard Bashman


"Shock jock Hal Turner gets 33-month prison sentence": The Bergen (N.J.) Record has this news update.

And The Associated Press reports that "Man who blogged 'judges must die' sentenced in NY."
Posted at 01:48 PM by Howard Bashman



"Appeals court denies request to rehear case on roadside crosses": The Salt Lake Tribune has this news update.

And The Deseret News has an update that begins, "10th Circuit denies petition to re-hear UHP cross case."

My earlier coverage of yesterday's Tenth Circuit order denying rehearing en banc by a 5-4 vote and the dissents therefrom can be accessed here.
Posted at 01:44 PM by Howard Bashman



"Senate deal cuts Butler from federal judgeship vote; Move paves way for confirmation vote on 19 noncontroversial judicial nominations": This article appears today in The Milwaukee Journal Sentinel.
Posted at 01:40 PM by Howard Bashman


"Specter prepares his farewell after 30 years in the Senate": Thomas Fitzgerald has this front page article today in The Philadelphia Inquirer.

The Washington Post has a news update headlined "Specter assails ideological 'cannibalism' in Senate in farewell speech."

CNN.com has a blog post titled "Specter issues parting blow to Roberts, Alito."

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "On Way Out, Specter Calls for Rule Changes."
Posted at 01:35 PM by Howard Bashman



"Top NY court upholds dismissal of golf 'Fore' suit": The Associated Press has a report that begins, "Slices, hooks and other errant shots are a common hazard on the links and a golfer can't expect to get a warning shout of 'Fore!' every time a ball comes his way, New York's top court ruled Tuesday in dismissing a personal injury lawsuit."

You can access today's ruling of the New York State Court of Appeals at this link.
Posted at 11:33 AM by Howard Bashman



Monday, December 20, 2010

"'Don't ask, don't tell' lawsuits to remain active": The Associated Press has this report.
Posted at 08:44 PM by Howard Bashman


By a vote of 5-4, the U.S. Court of Appeals for the Tenth Circuit denies rehearing en banc in the Utah highway patrol roadside memorial crosses case: You can access the order denying rehearing en banc and the two dissents therefrom at this link.

My earlier coverage of the three-judge panel's ruling (which was reissued today to replace the word "universally" with the word "widely") appears at this link.
Posted at 08:30 PM by Howard Bashman



"Justices to leave office despite state legal challenge": Grant Schulte of The Des Moines Register has a blog post that begins, "Three Iowa Supreme Court justices voted out of office last month will leave as scheduled, despite a legal challenge that had sought to keep them on the bench."
Posted at 08:10 PM by Howard Bashman


"N.J. Senate Democrats urge Supreme Court Justice Rivera-Soto to resign for abstaining on cases": The Newark Star-Ledger has this news update.
Posted at 08:06 PM by Howard Bashman


"Jurisprudential shell game: Health reform lawsuits sneak 'Lochnerism' back from constitutional exile." Simon Lazarus has this essay in this week's issue of The National Law Journal.
Posted at 08:01 PM by Howard Bashman


"Quiet deal on Obama's judge nominees in the Senate": The Associated Press has this report.

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "2nd Circuit Is Back in Democrats' Hands."
Posted at 03:26 PM by Howard Bashman



"Top UK judge: No ban on Twitter in court." Jill Lawless of The Associated Press has this report from London.
Posted at 10:06 AM by Howard Bashman


"Long-dead judge sparks a lively tug of war": Today's edition of The Raleigh News & Observer contains an article that begins, "James Iredell, one of the first U.S. Supreme Court justices, and father of the state's 23rd governor, was a prolific letter writer."
Posted at 08:10 AM by Howard Bashman


"Disparity cited in sentence lengths; Analyst studying Hub's US judges alleges bias risk": Jonathan Saltzman has this article today in The Boston Globe.
Posted at 08:05 AM by Howard Bashman


"Tea Party's Love for Constitution May Kill It": Michael Waldman has this essay online at Bloomberg News.
Posted at 08:04 AM by Howard Bashman


"Class-Action Foes Have Trifecta Before Supreme Court": Daniel Fisher has this blog post today at Forbes.com.
Posted at 08:03 AM by Howard Bashman


Sunday, December 19, 2010

"Amendment Would Enable States to Repeal Federal Law": This article will appear Monday in The New York Times.
Posted at 10:48 PM by Howard Bashman


U.S. Senate confirms Raymond J. Lohier, Jr. to serve on the U.S. Court of Appeals for the Second Circuit: This afternoon's confirmation vote was 92-0. You can access the official roll call vote at this link.
Posted at 10:44 PM by Howard Bashman


"Under the U.S. Supreme Court: WikiLeaks, the Espionage Act and the media." Michael Kirkland of UPI has this report.
Posted at 08:17 PM by Howard Bashman


"Supreme Court continues to look for elusive rules on death penalty": Robert Barnes will have this article Monday in The Washington Post.
Posted at 08:15 PM by Howard Bashman


Saturday, December 18, 2010

"Justice Scalia and the Tea Party": Sunday's edition of The New York Times will contain this editorial.
Posted at 11:18 PM by Howard Bashman


"Lame-duck session hasn't been so lame": This front page article appears today in The Washington Post.
Posted at 07:14 PM by Howard Bashman


"Justices Offer Receptive Ear to Business Interests": Adam Liptak will have this article Sunday in The New York Times.
Posted at 07:00 PM by Howard Bashman


"3 seek to impeach remaining high court justices": The Des Moines Register today contains an article that begins, "Three Iowa Republican representatives are drafting a bill to launch an impeachment process to oust the four Iowa Supreme Court justices who will continue serving next year. It was unclear Friday how much support the idea has in the Legislature, where hundreds of bills fail to advance each year."

And Reuters reports that "Iowa lawmakers target judges who struck down gay marriage ban."
Posted at 02:52 PM by Howard Bashman



"SCC hearing means Black's legal battle makes history": Yesterday's edition of Financial Post contained an article that begins, "Conrad Black's protracted legal battle has yielded a first. With a decision by the Supreme Court of Canada Thursday to hear an appeal by a group of former Hollinger International Inc. executives who want half a dozen libel lawsuits filed by Lord Black to be blocked from proceeding in Ontario, the Montreal-born businessman becomes the only person to have legal cases dealt by both high courts in Canada and the United States in a single year."
Posted at 02:50 PM by Howard Bashman


"Court battle": Today's edition of The Philadelphia Inquirer contains an editorial that begins, "The political stalemate over filling a vacancy on the New Jersey Supreme Court reached a new low when Justice Roberto Rivera-Soto jumped into what had been a political battle."
Posted at 02:47 PM by Howard Bashman


"Charlotte judge Albert Diaz confirmed to U.S. Court of Appeals": The Charlotte Observer has this news update.
Posted at 02:45 PM by Howard Bashman


"UGA grad to clerk for Supreme Court justice": This article appears today in The Athens (Ga.) Banner-Herald.
Posted at 02:44 PM by Howard Bashman


"The Supreme Court and Obama's Health Law": John Schwartz will have this article Sunday in the Week in Review section of The New York Times.
Posted at 02:42 PM by Howard Bashman


Friday, December 17, 2010

"Appeals court rejects $21 million Hurricane Katrina settlement": The Associated Press has this report on a limited fund class action settlement that the U.S. Court of Appeals for the Fifth Circuit rejected in a decision issued yesterday.
Posted at 10:20 PM by Howard Bashman


"Appeals court denies Conrad Black review request": The Associated Press has a report that begins, "An appeals court in Chicago has refused to grant a rare full-court review to former media mogul Conrad Black as he challenges two convictions."
Posted at 06:17 PM by Howard Bashman


"Court upholds ruling on military recruitment bans": The AP has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

Update: In other coverage, Bob Egelko of The San Francisco Chronicle has a news update headlined "North Coast towns can't ban military recruiters."
Posted at 05:32 PM by Howard Bashman



"Judge hears federal worker's spousal coverage case": The Associated Press has a report that begins, "A federal appeals court lawyer has found herself in the odd position of suing the U.S. government over its refusal to extend health insurance to her same-sex spouse. A U.S. District Court judge in San Francisco heard arguments Friday in Karen Golinski's lawsuit against the Office of Personnel Management."
Posted at 05:28 PM by Howard Bashman


Sixth Circuit considers how to define "Breast Implant": You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit in In re Settlement Facility Dow Corning Trust at this link.
Posted at 10:03 AM by Howard Bashman


"After Six Years, Union Prevails in Battle Over Seized Drug Tests": Today's edition of The New York Times contains an article that begins, "A six-year legal battle over positive steroid tests that tarnished some of baseball's most cherished story lines and embarrassed players union and federal officials quietly came to an end last week, with the union declaring victory."
Posted at 08:24 AM by Howard Bashman


"Judge Hints He May Rule Against Health Law": This article appears today in The New York Times. The newspaper also contains an op-ed by law professor Jason Mazzone entitled "Can Congress Force You to Be Healthy?"
Posted at 08:17 AM by Howard Bashman


"The Revolution Next Time?" Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 08:12 AM by Howard Bashman


"Judge recuses himself from vote challenge": The Des Moines Register today contains an article that begins, "A Polk County judge has declined to hear a legal challenge to last month's judicial retention vote to avoid the appearance that he has a conflict of interest."
Posted at 07:44 AM by Howard Bashman


"Prohibition, online: Just 13 states and the District of Columbia allow people to order wine from an out-of-state retailer; Such laws stifle consumer choice and keep prices artificially high." David White has this op-ed today in The Los Angeles Times.
Posted at 07:42 AM by Howard Bashman


"Christie won't get involved in Justice Rivera-Soto's protest": Today's edition of The Philadelphia Inquirer contains an article that begins, "Gov. Christie declined Thursday to weigh in on the recent state Supreme Court controversy over a justice's decision not to participate in decisions as long as a temporary judge remained on the bench."
Posted at 07:32 AM by Howard Bashman


Thursday, December 16, 2010

"The six appellants went to the plaza in front of the [U.S.] Supreme Court building and there unfurled a large banner displaying a message in opposition to the death penalty. After receiving warnings from the police that their conduct was illegal, appellants were arrested." So begins an opinion that the District of Columbia Court of Appeals issued today.

At "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "D.C. Court Upholds Arrest of Protesters at Supreme Court."
Posted at 01:55 PM by Howard Bashman



Ninth Circuit rejects "novel and creative" lawsuit against the registrar of a domain site that bombarded the plaintiff with more than 1,000 unwanted emails advertising a pornographic website: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit in Balsam v. Tucows Inc. at this link.
Posted at 01:46 PM by Howard Bashman


"20 states ask judge to throw out Obama health law": The Associated Press has this report.
Posted at 11:44 AM by Howard Bashman


"The 'Equity of the Statute' doctrine is alive and well -- although unmentioned by the Supreme Court -- more than seven centuries after its origin at common law." Two judges serving on the U.S. Court of Appeals for the Sixth Circuit do not believe that the U.S. Supreme Court's recent unanimous ruling in Abbott v. United States, No. 09-479, reached the correct result, according to a concurring opinion that those two judges issued today.
Posted at 10:35 AM by Howard Bashman


"Resort will host chief justices": This article appears today in The Charleston (W. Va.) Daily Mail.

One of the likely attendees will be New Hampshire's brand new, and first female, Chief Justice, Linda Dalianis.

The Manchester Union Leader reports today that "Dalianis again makes history, now as chief justice."

The Concord Monitor reports that "Dalianis sworn in as chief justice; Crowd gathers to pay tribute to her."

And The Nashua Telegraph reports that "Nashua's Dalianis hits 3rd milestone."
Posted at 08:56 AM by Howard Bashman



"Case could sink abuse suits; State Supreme Court to decide constitutionality of suspending statute of limitations": Sean O'Sullivan has this article today in The News Journal of Wilmington, Delaware.
Posted at 08:54 AM by Howard Bashman


"Slow pace of justice: State will feel effects of a clogged court system without new appellate court." The Las Vegas Sun contains this editorial today.
Posted at 08:50 AM by Howard Bashman


"Health Suits Stir Concerns on Court Partisanship": This article appears today in The New York TImes, along with an article headlined "On Health Law, Check Back in a Generation."

Today's edition of The St. Petersburg Times reports that "McCollum's challenge of Obama's health care plan is central to national debate."

Newsweek has an article headlined "Will The Supreme Court Overturn Health-Care Reform? Why this week's federal district court ruling is only the start of the debate over whether the individual mandate to buy health insurance is unconstitutional."

Bloomberg News reports that "Obama Administration, States Take Defense of Health-Care Fight to Florida."

The Associated Press reports that "Courts may not get last word in health care fight."

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Health Care Rulings Reignite Judicial Bias Debate."
Posted at 08:46 AM by Howard Bashman



"The Politicization of a Respected Court": Today's edition of The New York Times contains an editorial that begins, "When Gov. Chris Christie of New Jersey chose not to renominate Justice John Wallace Jr. to the State Supreme Court in May, it was a case of political overreach. The situation is now a national disgrace, thanks to the governor, the State Senate president, Stephen Sweeney, and Justice Roberto Rivera-Soto."

And in today's edition of The Newark (N.J.) Star-Ledger, Paul Mulshine has an op-ed entitled "The governor should be running for precedent."
Posted at 08:30 AM by Howard Bashman



"Legal challenge to judicial retention vote is questioned": Grant Schulte and Jennifer Jacobs have this article today in The Des Moines Register.
Posted at 08:14 AM by Howard Bashman


"Okla. set to execute inmate with substitute drug": The Associated Press has this report.
Posted at 08:11 AM by Howard Bashman


Wednesday, December 15, 2010

"Health Care's Future Is 'Up for Grabs' as U.S. Supreme Court Clash Looms": Greg Stohr of Bloomberg News has this report.

And Warren Richey of The Christian Science Monitor has an article headlined "Health-care reform: Battleground shifts to Florida courtroom; The legal battle over health-care reform is destined for the Supreme Court, analysts say; On Thursday a US district judge in Florida hears arguments in a case brought by 20 states."
Posted at 10:57 PM by Howard Bashman



"Why Companies Don't Deserve Personal Privacy Rights": Adam Cohen has this essay online at the web site of Time magazine.
Posted at 10:55 PM by Howard Bashman


"Copyright confusion: A suit pitting Omega against Costco has resulted in an unsatisfactory ruling by the U.S. 9th Circuit regarding resale rights." This editorial appears Thursday in The Los Angeles Times.
Posted at 10:54 PM by Howard Bashman


"Justice Scalia Plans to Deliver Speech Before Bachmann's Tea Party Caucus": Greg Stohr and Lisa Lerer of Bloomberg News have this report.
Posted at 10:52 PM by Howard Bashman


"Persistence needed by Iowa Supreme Court applicants": This article appears today in The Des Moines Register.
Posted at 10:50 PM by Howard Bashman


"A pawn in a legal chess match: Shirley Ree Smith spent 10 years behind bars for the death of her grandson before her conviction was overturned; Now she waits on skid row as the courts sort out whether a jury's verdict--even if wrong--must prevail." Carol J. Williams will have this article Thursday in The Los Angeles Times.
Posted at 08:40 PM by Howard Bashman


"That Lady With the Scales Poses for Her Portraits": This article will appear Thursday in The New York Times.
Posted at 08:30 PM by Howard Bashman


"Judges' ruling could protect e-mails": The Cincinnati Enquirer has this news update.

And The Associated Press reports that "Federal court in Ohio upholds e-mail privacy."

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



"Court Rebuffs Obama on Warrantless Cell-Site Tracking": At Wired.com's "Threat Level" blog, David Kravets has a post that begins, "A federal appeals court on Wednesday rejected the Obama administration's contention that the government is never required to get a court warrant to obtain cell-site information that mobile-phone carriers retain on their customers."

Today, the U.S. Court of Appeals for the Third Circuit issued an order denying the federal government's petition for rehearing en banc.

My earlier coverage of the three-judge panel's ruling in this case appears here and here.
Posted at 08:12 PM by Howard Bashman



"Court revives suit over Nazi salute in Santa Cruz": Bob Egelko of The San Francisco Chronicle has this news update.
Posted at 08:02 PM by Howard Bashman


"When Robert Norse gave the Santa Cruz City Council a silent Nazi salute, he was ejected and arrested." So begins today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit in Norse v. Santa Cruz.

My earlier coverage of Ninth Circuit-related developments in this case can be accessed here and here.
Posted at 02:10 PM by Howard Bashman



"Court Order on Greenhouse Gas Rules Provides Comfort to Industry Challengers": Lawrence Hurley of Greenwire has an article that begins, "When a federal appeals court announced Friday that it wouldn't stay U.S. EPA's greenhouse gas regulations, it was not the completely decisive win for the Obama administration it may have seemed."
Posted at 10:00 AM by Howard Bashman


"Cuccinelli basking in court victory": This article appears today in The Washington Post.

The Richmond Times-Dispatch reports today that "Justice Department to appeal health ruling."

The New York Times contains articles headlined "Ruling Has Some Mulling the Necessity of Mandating Insurance" and "Opposition to Health Law Is Steeped in Tradition."

And The Los Angeles Times contains an editorial entitled "The individual mandate: It's constitutional; The legal case against it almost certainly will make its way to the Supreme Court before the individual mandate is due to take effect in 2014; But considered in its proper context, it doesn't violate the Constitution."
Posted at 08:00 AM by Howard Bashman



"Seeking a path to restore order in the N.J. Supreme Court": Law professor Edward A. Hartnett has this op-ed today in The Newark (N.J.) Star-Ledger.

The op-ed begins, "Several years ago -- before Chris Christie was elected governor, before Stuart Rabner was named chief justice, before Roberto Rivera-Soto joined the Supreme Court of New Jersey -- I wrote an article in the Seton Hall Law Review arguing that the New Jersey Constitution permits the chief justice to temporarily assign a Superior Court judge to the state Supreme Court only when the court would otherwise lack a quorum."
Posted at 07:50 AM by Howard Bashman



Tuesday, December 14, 2010

"U.S. to Appeal Health Ruling; Move Advances Constitutional Struggle Likely to Reach Supreme Court by 2012": Jess Bravin will have this article Wednesday in The Wall Street Journal.
Posted at 10:42 PM by Howard Bashman


"Time for Justice Rivera-Soto to resign": Tom Moran has this op-ed today in The Newark (N.J.) Star-Ledger.

And at The Star-Ledger's web site, Paul Mulshine has a blog post titled "In this schoolyard fight, Christie could have fun during recess" that begins, "Ed Hartnett never dreamed a mere law review article could lead to a controversy unprecedented in the history of the judiciary."
Posted at 10:40 PM by Howard Bashman



"Advise and Obstruct": Wednesday's edition of The New York Times will contain an editorial that begins, "The Senate's power to advise and consent on federal judicial nominations was intended as a check against sorely deficient presidential choices."
Posted at 10:35 PM by Howard Bashman


"Justices review whether spitting deserves harsh prison term; Nye County man sentenced after confronting ex-girlfriend": This article will appear Wednesday in The Las Vegas Review-Journal.
Posted at 10:33 PM by Howard Bashman


David Kravets is reporting: At Wired.com's "Threat Level" blog, he has posts titled "Warrant Needed to Get Your E-Mail, Appeals Court Says" and "Court Upholds Ban on World of Warcraft Bot."
Posted at 10:20 PM by Howard Bashman


"Unplugged: When do Supreme Court justices need to just sit down and be quiet?" Dahlia Lithwick and law professor Sonja West have this jurisprudence essay online at Slate.
Posted at 08:37 PM by Howard Bashman


"Court rejects Okla. execution protocol challenge": The Associated Press has this report on a non-precedential opinion that the U.S. Court of Appeals for the Tenth Circuit issued today.

And in other coverage, The Tulsa World has a news update headlined "Court approves use of execution drug."
Posted at 07:18 PM by Howard Bashman



"Senate is Still Working on Judicial Nominees": David Ingram has this post today at "The BLT: The Blog of Legal Times."
Posted at 04:28 PM by Howard Bashman


"World of Warcraft," on appeal: The U.S. Court of Appeals for the Ninth Circuit issued this ruling today.
Posted at 02:24 PM by Howard Bashman


She is a she: The U.S. Court of Appeals for the Ninth Circuit today issued its ruling in a case captioned She v. Holder.

She happens to be female, and thus the opinion is replete with sentences such as, "She first argues that the BIA and IJ improperly concluded that she had firmly resettled in Taiwan because she fraudulently obtained her Taiwanese passport and household registration."
Posted at 02:16 PM by Howard Bashman



Email privacy, on appeal: A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit today issued a very lengthy decision on the latest round of appeals in the case captioned United States v. Warshak.

The opinion of the court, written by Circuit Judge Danny J. Boggs, begins, "Berkeley Premium Nutraceuticals, Inc., was an incredibly profitable company that served as the distributor of Enzyte, an herbal supplement purported to enhance male sexual performance."

In June 2009, Information Week previewed this latest set of appeals in an article headlined "U.S. Court Weighs E-mail Privacy, Again; At issue: whether e-mail messages deserve the same privacy protection as telephone calls."

Update: At "The Volokh Conspiracy." Orin Kerr has a post titled "Sixth Circuit Rules that E-Mail Protected by the Fourth Amendment Warrant Requirement."
Posted at 11:34 AM by Howard Bashman



"Judge Voids Key Element of Obama Health Care Law": This article appears today in The New York Times, along with articles headlined "Years of Wrangling Lie Ahead for Health Care Law"; "Just One Ruling, But an Outsize One": and "Law Will Proceed, Administration Says." The newspaper also contains an editorial entitled "The Latest Health Care Decision."

Today's edition of The Washington Post contains articles headlined "Judge tosses part of health-care law" and "Fate of law probably up to high court." In addition, Eric H. Holder Jr. and Kathleen Sebelius have an op-ed entitled "Health reform will survive its legal fight."

In The Los Angeles Times, Noam N. Levey and David G. Savage report that "Key healthcare provision voided by federal judge; A requirement that Americans buy insurance -- the central provision of Obama's signature domestic achievement -- is unconstitutional, the ruling says."

Jess Bravin of The Wall Street Journal reports that "Judges Divided on Health-Care Law." The newspaper also contains an article headlined "Court Strikes at Health Law; Judge Rules Mandatory Insurance Unconstitutional; First Round of Long Battle."

In USA Today, Richard Wolf and Joan Biskupic report that "Health law loses in court challenge."

Margaret Talev and Michael Doyle of McClatchy Newspapers report that "Virginia federal judge rules health care law unconstitutional."

The Christian Science Monitor has articles headlined "Health care law: why federal judge struck key provision down; Health care reform includes an individual mandate, requiring everyone purchase health insurance; A federal judge ruled Monday that the law is unconstitutional, but two other judges have issued decisions upholding the law" and "Health care ruling: Are Obama's reforms in trouble? A federal judge rules that the central element of Obama's health care law violates the Constitution; Republicans are touting the ruling as a victory, but it might not be long-term."

The Richmond Times-Dispatch reports that "Judge deals blow to health-care law."

The Associated Press reports that "Long legal fight ahead for health law."

And online at Slate, Dahlia Lithwick has a jurisprudence essay entitled "Dream a Little Dream: Why the Cuccinelli health care win in Virginia matters more than you think."
Posted at 11:24 AM by Howard Bashman



"U.S. Supreme Court will not hear Manhattanville eminent domain case": This article appears today in The Columbia Spectator.
Posted at 11:00 AM by Howard Bashman


"Judge won't block Alaska abortion notification law": The Associated Press has this report.
Posted at 10:26 AM by Howard Bashman


"The Best Argument Against Gay Marriage: And why it fails." Law professor Kenji Yoshino has this jurisprudence essay online at Slate.
Posted at 10:17 AM by Howard Bashman


"10 Years After Bush Vs. Gore, What's Changed?" This audio segment featuring Jeffrey Toobin appeared on the most recent broadcast of NPR's "Weekend Edition Sunday."
Posted at 10:11 AM by Howard Bashman


"High court may decide on state's bid for revenue": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The U.S. Supreme Court asked the Obama administration Monday to weigh in on whether California can require Indian tribes to share hundreds of millions of dollars in gambling revenue with the state when they expand their casinos."

A divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued its ruling in the case in April 2010.

The San Diego Union-Tribune covered the Ninth Circuit's ruling in an article headlined "Court rules for tribes on profit sharing; Appellate decision big blow to governor."
Posted at 08:25 AM by Howard Bashman



"Atheist Ads on Buses Rattle Fort Worth": This article appears today in The New York Times.
Posted at 08:15 AM by Howard Bashman


"Death sentences plunge in Texas; Foes cite new law, DNA testing; backers blame judges, delays in executions": The Houston Chronicle contains this article today.

And in other death penalty-related news, The New York Times reports today that "Execution 150 Years Ago Spurs Calls for Pardon."
Posted at 08:12 AM by Howard Bashman



"Congress and the Court": This editorial appears today in The New York Times.
Posted at 08:10 AM by Howard Bashman


"Brother-Lee love! Lefty ace picks Philly; Cliff-hanger: Yanks, Texas turned down." Todd Zolecki of MLB.com has this report.
Posted at 08:06 AM by Howard Bashman


"Costco case ends in tie, with Kagan not hearing it": This article appears today in The Washington Times.
Posted at 08:04 AM by Howard Bashman


Monday, December 13, 2010

"Former Solicitor General of Texas James C. Ho Rejoins Gibson Dunn's Dallas Office": The law firm of Gibson, Dunn & Crutcher LLP issued this news release today.
Posted at 08:50 PM by Howard Bashman


"Shell Rejected by High Court on $54 Million Award in Oklahoma Lease Case": Greg Stohr of Bloomberg News has this report.
Posted at 08:40 PM by Howard Bashman


"Court Chooses Guardians for Orphaned Arguments": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 08:27 PM by Howard Bashman


"U.S. Supreme Court Divides in Costco Gray Market Case": Greg Stohr of Bloomberg News has this report.

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Supreme Court Rules Against 'First-Sale' Copyright Doctrine."
Posted at 05:21 PM by Howard Bashman



"Inmate wins long-shot appeal to U.S. Supreme Court": Michael Doyle of McClatchy Newspapers has this report.
Posted at 05:12 PM by Howard Bashman


"Judge in Va. strikes down federal health care law": The Associated Press has a report that begins, "A federal judge declared the Obama administration's health care law unconstitutional Monday, siding with Virginia's attorney general in a dispute that both sides agree will ultimately be decided by the U.S. Supreme Court."

The New York Times has a news update headlined "Health Care Law Ruled Unconstitutional."

The Washington Post has a news update headlined "Key provision of health-care overhaul ruled unconstitutional."

The Los Angeles Times has a news update headlined "U.S. judge rejects key part of Obama healthcare law."

The Richmond Times-Dispatch has a news update headlined "Judge rules for Va. on health-care case."

Reuters reports that "Judge rejects key part of Obama healthcare law."

Bloomberg News reports that "U.S. Health-Care Law Requirement Thrown Out by Judge."

Bill Mears of CNN.com reports that "Virginia judge rules health care mandate unconstitutional."

And at "SCOTUSblog," Lyle Denniston has a post titled "Health care mandate nullified."

You can access today's ruling of the U.S. District Court for the Eastern District of Virginia at this link. I have also posted a back-up copy of the ruling at this link.
Posted at 12:40 PM by Howard Bashman



C-SPAN conducts Justice Elena Kagan's first TV interview since joining the U.S. Supreme Court: C-SPAN plans to air the 48-minute interview in its entirety on Sunday, December 19, 2010 at 6:30 p.m. and 9:30 p.m. eastern time and on Monday, December 20, 2010 at 12:30 a.m. eastern time.

C-SPAN has already posted some excerpts from the interview at YouTube: "Justice Kagan on Using a Kindle to Read Briefs"; "Justice Kagan on Chief Justice Roberts"; and "Justice Kagan on Transition to the Supreme Court."

In early news coverage of C-SPAN's interview, The Associated Press has a report headlined "Kagan says 'steep learning curve' on Supreme Court."
Posted at 11:00 AM by Howard Bashman



Access online today's Order List and opinion in an argued case of the U.S. Supreme Court: You can access today's Order List at this link. The Court today did not grant review in any new cases, but the Court did call for the views of the Solicitor General's Office on two cases.

Today's "opinion" in an argued case consisted of a per curiam decision affirming by an equally divided Court in Costco Wholesale Corp. v. Omega, S.A., No. 08-1423. You can access the oral argument via this link. It is interesting to note that it took the Court a bit longer than usual to decide it was equally divided in this case, which was argued on November 8, 2010. Often an order affirming by an equally divided Court will issue on the first opportunity for delivering an opinion after the initial post-argument conferencing of the case.

And Justice Antonin Scalia, joined by Justices Clarence Thomas and Samuel A. Alito, Jr., issued a dissent from the denial of certiorari in Allen v. Lawhorn, No. 10-24.

In early news coverage, The Associated Press reports that "High court tie vote sustains ruling against Costco"; "High court rejects appeal seeking bigger US House"; "Court rejects Ala. appeal in murder-for-hire case"; "Court won't get involved in NY lawyer ad fight"; and "High court won't block Columbia expansion plan."

Finally, at "SCOTUSblog," Lyle Denniston has a post titled "Copyright defense restricted."
Posted at 10:04 AM by Howard Bashman



"Trial-site question surrounds Guantanamo detainees": Jerry Markon has this article today in The Washington Post.
Posted at 07:56 AM by Howard Bashman


"Judge Ken Starr to Discuss Role of Solicitor General at Lecture Dec. 14": Baylor University has issued this news release.
Posted at 07:38 AM by Howard Bashman


"Justice Stevens and the Death Penalty": Yesterday's edition of The New York Times contained this editorial.
Posted at 07:36 AM by Howard Bashman


Sunday, December 12, 2010

"Size matters, lawsuit says of U.S. House": This article will appear Monday in USA Today.
Posted at 11:05 PM by Howard Bashman


"History of blacks, women on high court a short one": Frank Green has this article about the Supreme Court of Virginia in today's edition of The Richmond Times-Dispatch. The newspaper also contains an article headlined "Next chief justice finds strength in her rural roots."

In yesterday's edition of The Denver Post, Felisa Cardona had an article headlined "Colorado Supreme Court milestone a family affair."

And in news from Ohio, The Toledo Blade reported yesterday that "Gov. Strickland picks former running mate as high court justice," while The Columbus Dispatch reported that "McGee Brown appointed to Ohio Supreme Court."
Posted at 08:02 PM by Howard Bashman



"Former judge Lokuta waits for decision on return to bench": This article appears today in The Citizens Voice of Wilkes-Barre, Pennsylvania.
Posted at 07:54 PM by Howard Bashman


"Under the U.S. Supreme Court: WikiLeaks and the Espionage Act." Michael Kirkland of UPI has this report.
Posted at 07:34 PM by Howard Bashman


"Fumo fights federal bid for longer sentence": Craig R. McCoy and Nathan Gorenstein have this article today in The Philadelphia Inquirer.

And yesterday's edition of The Philadelphia Daily News contained an article headlined "Fumo: Retry me, or uphold sentence" that begins, "Attorneys for disgraced former state Sen. Vince Fumo have requested a new trial, or failing that, that his prison sentence be affirmed by the U.S. Court of Appeals."

You can access at this link the brief that Fumo's attorneys filed on Friday in the U.S. Court of Appeals for the Third Circuit.
Posted at 07:28 PM by Howard Bashman



"Breyer: Founding Fathers Would Have Allowed Restrictions on Guns." FoxNews.com has this report.

Justice Stephen G. Breyer appeared on today's broadcast of Fox News Sunday. You can view the video of his appearance by clicking here.
Posted at 07:18 PM by Howard Bashman



"Bush v. Gore, 10 years later": Columnist George F. Will had this op-ed today in The Washington Post.

And Brad Knickerbocker of The Christian Science Monitor has an article headlined "Ten years after Bush v. Gore, the fight goes on; Al Gore won the popular vote by more than 500,000; But it was the contentious recount in Florida -- halted by the Supreme Court -- that gave it to Bush; What that meant still is being argued."
Posted at 07:08 PM by Howard Bashman



Saturday, December 11, 2010

"Lawsuit filed over justice selection": This article appeared yesterday in The Des Moines Register, along with an article headlined "Lawyer, all 4 plaintiffs have GOP backgrounds."
Posted at 09:00 PM by Howard Bashman


"Supreme Court to decide generic drug labeling issue": James Vicini of Reuters has this report.

And Greg Stohr of Bloomberg News reports that "Generic-Drug Makers Get Hearing at U.S. High Court."
Posted at 08:56 PM by Howard Bashman



"Govt won't contest ruling in steroids probe": Pete Yost of The Associated Press has a report that begins, "The government will not contest an appeals court ruling that investigators illegally seized a list of baseball players who allegedly tested positive for steroids, the Justice Department said Friday. That decision keeps intact a legal victory for scores of ballplayers snared in the doping investigation."
Posted at 08:54 PM by Howard Bashman


"N.J. Supreme Court justice, Senate president feud over constitutionality of temporary judge": Today's edition of The Newark Star-Ledger contains an article that begins, "The simmering controversy over Gov. Chris Christie's sacking of Supreme Court Justice John Wallace and the state Senate's refusal to approve a new justice erupted into public view yesterday with a raucous feud involving all three branches of New Jersey government."

The New York Times reports today that "Appointment Fight Divides Judges."

The Wall Street Journal contains an article headlined "Justice Stymies New Jersey High Court" that begins, "A mini-revolt broke out on the New Jersey Supreme Court Friday when an associate justice said he would abstain from all future decisions while a temporary justice is serving, leading top Democrats to call for the associate justice's resignation." You can freely access the full text of the article via Google News.

And The Associated Press reports that "N.J. high court at odds over fill-in; A Supreme Court justice refuses to hear cases while an interim judge is on the bench."

Justice Roberto A. Rivera-Soto abstained from ruling on the two decisions that the Supreme Court of New Jersey issued yesterday. You can access those two decisions, and Justice Rivera-Soto's opinions abstaining therefrom, here and here.
Posted at 11:40 AM by Howard Bashman



"Court to Weigh Private Interests' Intervention in NEPA Disputes": Lawrence Hurley of Greenwire has an article that begins, "A federal appeals court will consider next week whether to abandon a legal rule that makes it difficult for private interests to intervene in environmental disputes in the Western states."
Posted at 11:20 AM by Howard Bashman


"Harry Reid, Republicans in talks on judicial nominees": Politico.com has a report that begins, "Senate Majority Leader Harry Reid is negotiating a deal with Republican leaders to confirm a long list of President Barack Obama's judicial nominations that have idled on the Senate calendar for months, sources say."
Posted at 09:54 AM by Howard Bashman


Friday, December 10, 2010

"Appeals court reverses itself over Armenian suit": The Associated Press has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today on panel rehearing.

That three-judge panel's original ruling from August 2009, reaching the opposite result by a 2-1 vote, can be accessed here.
Posted at 07:30 PM by Howard Bashman



Supplemental brief filed in Third Circuit en banc case challenging certification of a nationwide, state-law, indirect-purchaser antitrust class action seeking to recover monopoly overcharge damages: This afternoon, I filed this supplemental brief for appellant in the U.S. Court of Appeals for the Third Circuit in response to an order that the en banc court issued last month. Additional background on the case can be accessed here and here.
Posted at 06:17 PM by Howard Bashman


"Obama signs law banning 'crush videos' depicting animal cruelty": Bill Mears of CNN.com has this report.

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "President Signs Bill Banning Animal Crush Videos."
Posted at 06:07 PM by Howard Bashman



Access online this evening's Order List of the U.S. Supreme Court: You can access the Order List at this link. The Court granted review in three cases.

In early news coverage, The Associated Press reports that "Court to decide lawsuit over generic drug labels."

And at "SCOTUSblog," Lyle Denniston offers this coverage.
Posted at 06:02 PM by Howard Bashman



Eleven-judge en banc Ninth Circuit panel unanimously decides not to decide what general standard governs whether to apply the so-called "ministerial exception" to state and federal employment laws: The institution of rehearing en banc is usually reserved for deciding issues of great importance, but today the Ninth Circuit shows that the procedure can also be used to avoid deciding issues of great importance. You can access today's Ninth Circuit ruling at this link.
Posted at 05:58 PM by Howard Bashman


"Appeals court reverses McAfee CFO's conviction": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 05:22 PM by Howard Bashman


"Federal judges urged to quit private group's board": Mark Sherman of The Associated Press has this report.

The second paragraph of the article incorrectly identifies Edith Brown Clement as the Fifth Circuit's chief judge.

Update: The article has since been rewritten to eliminate the error mentioned above, which the article contained when this post was first published.
Posted at 08:44 AM by Howard Bashman



"Long Road for Lawyer Defending the Health Care Law": This article appears today in The New York Times.
Posted at 08:36 AM by Howard Bashman


Thursday, December 9, 2010

"5 ex-captives seek to revive torture-flights suit": Bob Egelko has this article today in The San Francisco Chronicle.

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Supreme Court Asked to Review State Secrets, Torture Case."

You can access the cert. petition at this link.
Posted at 10:14 PM by Howard Bashman



"Senate, for Just the 8th Time, Votes to Oust a Federal Judge": This article appears today in The New York Times.

Today's edition of The Times-Picayune of New Orleans contains an article headlined "Thomas Porteous is the eighth federal judge to be convicted and removed from office by the Senate" and an editorial entitled "Removal of Judge Thomas Porteous helps repair the damage to the federal judiciary."

And The Los Angeles Times reports that "Senate convicts Louisiana federal judge in impeachment trial; Thomas Porteous is removed from office after being found guilty on corruption and perjury charges brought by the House; The vote on one count is unanimous."
Posted at 08:54 PM by Howard Bashman



"DNA alone enough for new charges in old crimes, SJC says": John R. Ellement of The Boston Globe has a news update that begins, "The state's high court ruled today that genetic science is now so accurate that criminal charges can be based solely on 'John Doe' DNA profiles, and that charges can remain active even if takes years for the suspect to be fully identified."

And The Associated Press reports that "Mass. court affirms 'John Doe' rape indictments."

You can access today's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 02:12 PM by Howard Bashman



"As jurors go online, U.S. trials go off track": Brian Grow of Reuters has a report that begins, "The explosion of blogging, tweeting and other online diversions has reached into U.S. jury boxes, raising serious questions about juror impartiality and the ability of judges to control courtrooms."

And in somewhat related news, yesterday the Public Information Office of the Supreme Court of Ohio issued a news release headlined "Advisory Opinion: Judges May 'Friend' 'Tweet' if Proper Caution Exercised." You can access the advisory opinion from that court's Board of Commissioners on Grievances and Discipline by clicking here.
Posted at 01:58 PM by Howard Bashman



"More states enter debate on sharia law": USA Today has this report.
Posted at 01:52 PM by Howard Bashman


"Three Federal Appeals Judges Urged to Resign from Board of FREE": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 01:47 PM by Howard Bashman


Wednesday, December 8, 2010

Conrad Black update: Last month, the attorneys for Conrad Black filed a petition for rehearing en banc in the U.S. Court of Appeals for the Seventh Circuit. The court then requested a response from the federal government. You can access that response at this link.

Most recently, on Monday of this week, Black's attorneys filed a motion for leave to file a reply brief, with the proposed reply brief attached to the motion.

Last month, Black's filing of the rehearing petition received some press attention in Canada. The Toronto Globe and Mail reported that "Black's lawyers file motion for review of convictions."

And National Post reported that "Conrad Black again seeks to clear his name."

Further update: At "The Volokh Conspiracy," John Elwood has a post titled "7th Circuit to Conrad Black: No Reply Brief for You!"
Posted at 08:36 PM by Howard Bashman



"'Straight arrow' considers health-care suit": Today's edition of The Washington Post contains an article that begins, "Michael Vick, currently enjoying a dazzling comeback season as quarterback of the Philadelphia Eagles, has a perhaps unusual fan: The man who sentenced him to almost two years in federal prison for running a dog-fighting operation in Virginia."
Posted at 08:15 PM by Howard Bashman


"The case for engaged justices": Columnist George F. Will had this op-ed in Sunday's edition of The Washington Post.
Posted at 08:05 PM by Howard Bashman


"Supreme Court to Review Walmart Gender-Bias Class Action": Adam Cohen has this essay online at the web site of Time magazine.
Posted at 08:03 PM by Howard Bashman


"High court weighs Ariz. employer sanctions law": The Associated Press has a report that begins, "The Supreme Court appears likely to sustain an Arizona law that threatens to take away the licenses of businesses that knowingly hire workers who are in the United States illegally."

Update: You can access the transcript of today's U.S. Supreme Court oral argument in Chamber of Commerce of United States v. Whiting, No. 09-115, by clicking here.
Posted at 01:48 PM by Howard Bashman



"Senate votes to remove Judge Thomas Porteous from office": Bruce Alpert and Jonathan Tilove of The Times-Picayune of New Orleans have this news update.
Posted at 11:16 AM by Howard Bashman


"Senate convicts La. judge on impeachment charges": The Associated Press has this report.
Posted at 10:31 AM by Howard Bashman


"Supreme Court weighs idea of free speech on Internet; Liability of posting hyperlink considered": Today's edition of The Vancouver Sun contains an article that begins, "The Internet's wild west era as a veritable free speech zone may be quickly coming to an end in Canada. The Supreme Court in Ottawa on Tuesday reserved decision on whether simply posting a hyperlink could be considered defamatory and actionable."

Janice Tibbetts of Postmedia News has an article headlined "Hyperlinks thread that binds the web, Supreme Court told."

CBC News reports that "Hyperlink libel fears heard by top court; Supreme Court deciding whether links can be considered 'publication.'"

And Financial Post reports that "SCC reserves judgment on hyperlink liability."

The Supreme Court of Canada provides this background on the case.
Posted at 08:44 AM by Howard Bashman



"Supreme Court to hear Arizona case about illegal workers": Joan Biskupic has this article today in USA Today.

In today's edition of The Wall Street Journal, Jess Bravin reports that "Business, Labor Take On Arizona."

Greg Stohr of Bloomberg News reports that "'Business Death Penalty' for Hiring Illegal Aliens Unites Obama, Companies."

Today's edition of NPR's "Morning Edition" contained an audio segment entitled "High Court Case Tests Ariz. Law Targeting Employers" featuring Nina Totenberg.

The Arizona Republic contains an editorial entitled "High court can affirm feds' role in immigration."

And The Washington Post contains an editorial entitled "Immigration court."
Posted at 08:36 AM by Howard Bashman



"Mutual Fund Company Shareholder Suits May Split Court": Greg Stohr of Bloomberg News has this report.

You can access the transcript of yesterday's U.S. Supreme Court oral argument in Janus Capital Group, Inc. v. First Derivative Traders, No. 09-525, by clicking here.
Posted at 08:24 AM by Howard Bashman



"Woman complains to EEOC; fiance fired": Robert Barnes has this article today in The Washington Post. The newspaper also contains an article headlined "A visit to law school."

Jesse J. Holland of The Associated Press reports that "Court to decide limits on retaliation ban."

And online at Slate, Dahlia Lithwick has a Supreme Court dispatch entitled "Six Degrees of Retaliation: The Supreme Court tries to determine if your fiance can be fired for your sex-discrimination complaint."

You can access the transcript of yesterday's U.S. Supreme Court oral argument in Thompson v. North American Stainless, LP, No. 09-291, by clicking here.
Posted at 08:17 AM by Howard Bashman



"Will of voters should not guide judges": This editorial appears today in The Des Moines Register.
Posted at 08:12 AM by Howard Bashman


"Thomas Porteous lawyer tells Senate judge made mistakes, but is no 'grotesque character'": Bruce Alpert has this article today in The Times-Picayune of New Orleans. The newspaper also contains an article headlined "Senators put aside bickering for solemn duty in Porteous impeachment case."

And David Ingram of The National Law Journal reports that "Senate Considers Impeachment of Federal Judge."
Posted at 08:10 AM by Howard Bashman



Tuesday, December 7, 2010

"Monday's must-see TV: What C-SPAN's broadcast of Monday's hearing made clear was both the high seriousness of the three judges hearing the case and the nonpartisan quality of their inquiries." Columnist Tim Rutten has this op-ed today in The Los Angeles Times.
Posted at 02:06 PM by Howard Bashman


"Court: FDA can regulate e-cigs as tobacco products." The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

And in other coverage, Bloomberg News reports that "FDA Loses Appeal, Can't Regulate Electronic Cigarettes as Drug, Court Says."
Posted at 02:00 PM by Howard Bashman



"Senate takes up impeachment of Louisiana judge": The Associated Press has this report.

C-SPAN2 is providing live coverage of the proceedings.
Posted at 12:16 PM by Howard Bashman



"Occidental lawsuit should stay in U.S.: appeals court." Dan Levine of Reuters has this report.

And The Associated Press reports that "LA court can hear Peruvian case against oil giant."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:58 AM by Howard Bashman



"Two Supreme Court cases to test corporate interests": Robert Barnes has this article today in The Washington Post.

Today's edition of The Wall Street Journal contains articles headlined "Supreme Court Will Consider Wal-Mart Challenge to Class-Action Suit" and "Supreme Court Set to Review CO2 Suits."

Marcia Coyle of The National Law Journal reports that "Court agrees to hear closely watched Wal-Mart and global warming cases."

The Washington Times contains an article headlined "Justices to hear Wal-Mart appeal of plaintiffs' class-action status; Retailer: Not all female workers qualify for suit."

The New York Times reports that "Justices to Rule on States' Emissions Case."

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court takes global warming case that targets power companies; A global warming lawsuit aiming to force power companies to curtail carbon emissions will come before the Supreme Court next year; The suit asks for a judicial order to that effect, but would such a move usurp role of other government branches?"

And Lawrence Hurley of Greenwire reports that "Supreme Court Takes Up Climate 'Nuisance' Case."
Posted at 08:32 AM by Howard Bashman



"Judge Thomas Porteous impeachment question goes before Senate today": Bruce Alpert has this article today in The Times-Picayune of New Orleans.

And Politico.com reports that "Senate to hold rare trial of judge."

C-SPAN2 plans to provide live coverage beginning at 10 a.m. eastern time.
Posted at 08:12 AM by Howard Bashman



"Supreme Court will act on immigration, even if Congress doesn't": Michael Doyle of McClatchy Newspapers has an article that begins, "The Supreme Court this week takes up the national immigration debate that continues to stymie Congress."

Ariane de Vogue of ABC News reports that "Supreme Court to Hear Arizona Immigration Debate; Controversial State Law Punishes Businesses for Hiring Undocumented Aliens Knowlingly."

And today's edition of The Los Angeles Times contains an editorial entitled "Arizona's overreach: The state's attempt to crack down on companies that hire illegal immigrants encroaches on federal authority."
Posted at 07:52 AM by Howard Bashman



Monday, December 6, 2010

In commentary available online at Slate: Walter Dellinger has a jurisprudence essay entitled "Standing on Its Head: Why the technical 'standing' issue properly decides the gay marriage appeal."

And Emily Bazelon has a jurisprudence essay entitled "Gay Marriage Has a Good Day in Court: California's Proposition 8, not so much."
Posted at 09:03 PM by Howard Bashman



"Extreme Makeover: Criminal Court Edition." John Schwartz has this article today in The New York Times. A related sidebar is headlined "Guilty of Violating Dress Code, in Any Case."

Related news updates can be accessed from The St. Petersburg Times and The Tampa Tribune.
Posted at 08:50 PM by Howard Bashman



"Appeals court hints at narrow Prop. 8 ruling": Bob Egelko of The San Francisco Chronicle has this news update.

At "SCOTUSblog," Lyle Denniston has a post titled "Prop. 8: Deciding what to decide; The Ninth Circuit Court, in more than two hours of oral argument on California's ban on same-sex marriage, explores ways to avoid ruling right away and ways to rule, if it must, in a modest yet still historic way."

The Associated Press reports that "Televised gay marriage hearing attracts audience."

And this evening's broadcast of NPR's "All Things Considered" contained audio segments entitled "Gay Marriage Hearing Begins In Calif. Court" and "Expect More Legal Twists In Battle Over Prop. 8."

Via C-SPAN, you can access the video of today's Ninth Circuit oral argument online by clicking here.
Posted at 08:36 PM by Howard Bashman



"Justices Hear Case on Denial of Help to Veteran Who Missed Filing Deadline": Adam Liptak will have this article Tuesday in The New York Times.

Robert Barnes of The Washington Post has a news update headlined "Court hears appeal from veteran who missed filing deadline."

Joan Biskupic of USA Today has a news update headlined "Supreme Court hears veterans' disability case."

And Jesse J. Holland of The Associated Press reports that "Court deals with veterans' time limit on benefits."

You can access the transcript of today's U.S. Supreme Court oral argument in Henderson v. Shinseki, No. 09-1036, by clicking here.
Posted at 08:25 PM by Howard Bashman



"Supreme Court Agrees to Hear Wal-Mart Bias Case Appeal": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Court to decide if one class-action suit is proper in massive Wal-Mart discrimination case."

David G. Savage of The Los Angeles Times has a news update headlined "Wal-Mart, global warming cases will get hearings before Supreme Court; The Supreme Court agrees to take up two cases of interest to corporate America: whether a sex-discrimination lawsuit against Wal-Mart can proceed as a class action, and whether courts can put limits on carbon emissions from power plants."

Joan Biskupic of USA Today has a news update headlined "High court to hear Wal-Mart's appeal in sex bias suit."

James Vicini of Reuters reports that "Wal-Mart class-action appeal goes to Supreme Court."

Greg Stohr of Bloomberg News reports that "Wal-Mart Gets High Court Review in Million-Worker Bias Case."

Brent Kendall of Dow Jones Newswires reports that "Supreme Court Will Consider Wal-Mart Challenge to Bias Suit."

And Warren Richey of The Christian Science Monitor reports that "Wal-Mart wins Supreme Court review of huge bias suit against it; The Supreme Court said Monday it will consider whether a class-action suit filed against Wal-Mart, representing 1.5 million former and current female employees, should be allowed to proceed."
Posted at 02:00 PM by Howard Bashman



"Televised gay marriage hearing begins in CA court": The Associated Press has this report.

Via C-SPAN, you can view the Ninth Circuit oral argument live, online, by clicking here.
Posted at 01:46 PM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: You can access today's Order List at this link. The Court today granted review in two cases, one of which is Wal-Mart Stores, Inc. v. Dukes, No. 10-277.

In addition, Justice Sonia Sotomayor issued a dissent from the denial of certiorari, in which Justice Ruth Bader Ginsburg joined, in Williams v. Hobbs, No. 09-10382.

In early news coverage, The Associated Press reports that "Court to look at huge sex bias suit vs. Wal-Mart"; "High court will review climate change lawsuit"; and "High court turns down federal death row inmate."

And at "SCOTUSblog," Lyle Denniston has a post titled "Rulings set on Wal-Mart, warming; The Court grants review of Wal-Mart's appeal challenging the huge class-action lawsuit over alleged sex bias, and agrees to rule on global warming cases against major electric power companies."
Posted at 10:03 AM by Howard Bashman



"Specter derides partisan gridlock, politicization of court system": Yesterday's edition of The Pittsburgh Post-Gazette contained this article.
Posted at 08:14 AM by Howard Bashman


"Live, from San Francisco, it's Proposition 8 in federal court": This front page article appears today in The Sacramento Bee.

Today's broadcast of NPR's "Morning Edition" contained audio segments entitled "Ted Olson, Gay Marriage's Unlikely Legal Warrior" (featuring Nina Totenberg) and "In Calif., Prop. 8 Debate Tests Limits Of Tolerance."

And The Los Angeles Times contains an editorial entitled "The Prop. 8 show: Monday's hearing on the same-sex marriage ban by an appeals court panel will be must-see TV."

C-SPAN will provide live, online coverage of the oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit beginning at 1 p.m. eastern time today.
Posted at 08:12 AM by Howard Bashman



"Ex-justice sought project fee for her son; After leaving the Pa. Supreme Court, Sandra Schultz Newman pushed for her son to benefit from new Family Court construction": Joseph Tanfani has this front page article today in The Philadelphia Inquirer.
Posted at 08:00 AM by Howard Bashman


"High court ruling on Arizona act could shape immigration law; The 2007 Legal Arizona Workers Act cracks down on employers who hire illegal workers, but the Obama administration says it conflicts with the federal government's authority to enforce immigration laws": David G. Savage has this article today in The Los Angeles Times.
Posted at 07:55 AM by Howard Bashman


Sunday, December 5, 2010

"A justice's blind eye to the truth: John Paul Stevens's argument that capital punishment is racist is contradicted by facts." Columnist Jeff Jacoby has this op-ed today in The Boston Globe.
Posted at 10:08 PM by Howard Bashman


"Same-Sex Initiative Reaches Next Hurdle": This article will appear Monday in The New York Times.

Monday's edition of The Wall Street Journal will contain an article headlined "California's Gay-Marriage Ban Heads Again to Court."

Warren Richey of The Christian Science Monitor reports that "Prop 8. gay marriage ban to be argued in federal appeals court; The long-running fight over gay marriage in California heads to a federal appeals court Monday; A panel of the Ninth US Circuit Court of Appeals must decide whether a federal judge was correct in ruling that the US Constitution protects the right of gay and lesbian couples to marry."

And The Associated Press reports that "Calif. gay marriage foes gamble on win in Round 2."

Tomorrow, C-SPAN will provide live, online coverage of the oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit beginning at 1 p.m. eastern time.
Posted at 08:34 PM by Howard Bashman



"Supreme Court to hear veterans' disability case": Joan Biskupic will have this article Monday in USA Today.
Posted at 10:40 AM by Howard Bashman


"Supreme Court to look at Arizona's employer-sanctions law; Ruling will likely affect legislation across the nation": This article appears today in The Arizona Republic.

Yesterday in The Arizona Daily Sun, Howard Fischer had an article headlined "Supreme Court to hear employer sanctions case."

And The Associated Press reports that "Court to hear arguments over Ariz. immigration law."
Posted at 10:35 AM by Howard Bashman



"Downloading-case loser unsure how she'll pay": Today's edition of The San Antonio Express-News contains an article that begins, "A San Antonio woman whose music downloading case was the first to reach the U.S. Supreme Court says she doesn't know how she'll pay $27,750 she now owes five music companies."
Posted at 10:30 AM by Howard Bashman


"Senate to decide fate of impeached federal judge": The Associated Press has this report.

My most recent post on this subject, from Friday morning, can be accessed here.
Posted at 10:26 AM by Howard Bashman



"Under the U.S. Supreme Court: Walmart in the big court squeeze." Michael Kirkland of UPI has this report.
Posted at 10:24 AM by Howard Bashman


Saturday, December 4, 2010

"Proposition 8 case reaches historic stage": In Sunday's edition of The San Jose Mercury News, Howard Mintz will have an article that begins, "California's divisive struggle over same-sex marriage reaches another milestone Monday, when the legal challenge to Proposition 8 unfolds in a federal appeals court in San Francisco."

And today in The San Francisco Chronicle, Bob Egelko has an article headlined "Appeals court Prop. 8 hearing likely key to result."
Posted at 11:32 PM by Howard Bashman



"Pennsylvania Supreme Court upholds beer sales at Wegmans stores": The Philadelphia Inquirer contains this front page article today.

The Pittsburgh Post-Gazette reports today that "Court affirms decision to allow sale of beer in grocery stores."

And The Times Leader of Wilkes-Barre, Pennsylvania reports that "Wegmans beer sales upheld."

You can access yesterday's ruling of the Supreme Court of Pennsylvania at this link.
Posted at 11:24 PM by Howard Bashman



"Appeals Court Frees Ex-Principal; Panel rules that altered photos were not child pornography because the nude bodies were those of an adult": This article appears today in The Lakeland (Fla.) Ledger.

The St. Petersburg Times reports today that "Former Lakeland principal's photos weren't child porn, appeals court rules."

And The Tampa Tribune reports that "Child porn conviction of ex-Polk principal overturned."

You can access yesterday's ruling of Florida's Second District Court of Appeal at this link.
Posted at 10:14 AM by Howard Bashman



Friday, December 3, 2010

"Court reverses New Mexico ban on US Airways booze": The Associated Press has a report that begins, "A federal appeals court on Friday reversed a judge's decision that prevented US Airways from serving alcohol on its New Mexico flights after a passenger killed five people in a drunken-driving crash."

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



"Justice selection process defended": Today in The Des Moines Register, Grant Schulte has an article that begins, "Iowa Supreme Court Justice David Wiggins maintained Thursday that the state's merit-based judge selection system is the best way to pick fair and qualified jurists, regardless of which governor sits in office or who serves on the panel that picks finalists for the bench."
Posted at 10:34 PM by Howard Bashman


"Viacom Says YouTube Ruling Will 'Completely Destroy' Copyright": David Kravets has this post at Wired.com's "Threat Level" blog.

You can access at this link the opening brief that Viacom filed today in the U.S. Court of Appeals for the Second Circuit.
Posted at 08:10 PM by Howard Bashman



"Election Hangover: The real legacy of Bush v. Gore." Law professor Richard L. Hasen has this jurisprudence essay online at Slate.
Posted at 05:04 PM by Howard Bashman


"Justice Sotomayor Recusal Likely as Supreme Court Weighs Greenhouse Gas 'Nuisance' Case": Lawrence Hurley of Greenwire has this report.
Posted at 05:02 PM by Howard Bashman


Blog references, on appeal: An order that the U.S. Court of Appeals for the Seventh Circuit issued yesterday denying a petition for rehearing contains the following quotation from a petition for rehearing that was previously denied at an earlier stage of the appellate process in that same case:
[T]he Panel's opinion reads more like a posting in its author's well-known blog (www.becker-posner-blog.com), declaring its view of class actions, mischaracterizing class counsel as being inherently corrupted by the inducement to sell out its clients' small claims for its own fees obtained through a collusive settlement.
It can be tempting to use a petition for appellate rehearing or reconsideration as a forum to vent one's frustrations with the adverse result received on appeal, but in my experience that temptation should be avoided.
Posted at 03:50 PM by Howard Bashman


"Ginni Thomas: I'm not leaving my Tea Party organization." The Daily Caller has this report.

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Virginia Thomas in New Role at Liberty Central, Says Call to Anita Hill Was 'Probably a Mistake.'"
Posted at 03:04 PM by Howard Bashman



"Viacom appeals ruling in YouTube copyright case": The Associated Press has this report.
Posted at 02:56 PM by Howard Bashman


"Justice Thomas' wife takes less public role": The Associated Press has a report that begins, "Virginia Thomas, wife of Supreme Court Justice Clarence Thomas, is giving up her role as the head of a conservative advocacy group that has worked with the Tea Party movement."
Posted at 11:30 AM by Howard Bashman


"Roberts Court Long On Words, Short On Clarity": This audio segment featuring Adam Liptak appeared on yesterday's broadcast of NPR's "Fresh Air from WHYY."
Posted at 10:22 AM by Howard Bashman


"Judge refuses to withdraw from same-sex marriage case; Stephen Reinhardt says he can be impartial in the case appealing a decision that California's gay marriage ban is unconstitutional": Carol J. Williams has this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that "Judge refuses to step aside in Prop. 8 case."

The Washington Times reports that "Prop 8 judge refuses to recuse himself."

law.com reports that "Reinhardt Says He Won't Step Off Prop 8 Case."

And Bloomberg News columnist Ann Woolner has an essay entitled "Clarence Thomas Is Model for Gay Marriage Case."
Posted at 08:20 AM by Howard Bashman



"Judge Thomas Porteous impeachment trial summary released": Bruce Alpert had this article last month in The Times-Picayune of New Orleans. You can access the report of the Senate Impeachment Trial Committee by clicking here.

According to a related article, the U.S. Senate is scheduled to vote next week on whether to remove U.S. District Judge G. Thomas Porteous, Jr. from office.
Posted at 08:04 AM by Howard Bashman



"Justice Unbound": At the "Opinionator" blog of The New York Times, Linda Greenhouse has a post that begins, "Watching the post-retirement emergence of Justice John Paul Stevens is almost enough to make me a fan of term limits for Supreme Court justices."
Posted at 07:40 AM by Howard Bashman


Thursday, December 2, 2010

"The judge shortage: Vacant federal judgeships threaten our judicial system; It's time for the president and the Senate to act." Eric M. George and William H. Neukom will have this op-ed Friday in The Los Angeles Times.
Posted at 10:04 PM by Howard Bashman


"Feds to see if former Judge Camp's cases were compromised by drug use, racial bias": The Atlanta Journal-Constitution has this news update.

And The Associated Press has a report headlined "Prosecutors: Woman says judge detailed racial bias."
Posted at 08:42 PM by Howard Bashman



"Ohio Supreme Court: Condemned may not challenge lethal-injection method of execution." The Columbus Dispatch has a news update that begins, "There is no basis under Ohio law to challenge the lethal injection method of execution, a divided Ohio Supreme Court ruled today."

And The Toledo Blade has a news update headlined "Ohio Supreme Court split on forum considering whether execution method humane."

You can access today's ruling of the Supreme Court of Ohio at this link.
Posted at 08:40 PM by Howard Bashman



"Judge admits he violated rights; Reprimand urged for jailing lawyer over Pledge of Allegiance": This article appears today in The Clarion-Ledger of Jackson, Mississippi.
Posted at 08:32 PM by Howard Bashman


"N.J. Supreme Court rules worker who copied documents for discrimination lawsuit is protected": The Newark Star-Ledger has this news update reporting on a ruling that the Supreme Court of New Jersey issued today.
Posted at 08:30 PM by Howard Bashman


"Cady to be chief of Iowa Supreme Court until new justices selected": Grant Schulte of The Des Moines Register has this blog post.
Posted at 08:16 PM by Howard Bashman


"State's chief justice looking forward to goodbye; After 14 years heading the Supreme Court, Ronald M. George has no second thoughts about retiring": Maura Dolan has this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that "Ronald George opposes elections for Supreme Court."

And Howard Mintz of The San Jose Mercury News reports that "California chief justice gives his exit interview."
Posted at 08:14 PM by Howard Bashman



"Gay marriage opponents quit fight to remove judge": The Associated Press has this report.
Posted at 03:50 PM by Howard Bashman


"'Death for me will be a welcome relief': Hayes sent to death row for Petit murders." The New Haven Register has a news update that begins, "In an emotional court session featuring statements from Dr. William Petit Jr. and other family members, as well as from convicted murderer Steven J. Hayes, Superior Court Judge Jon C. Blue sentenced Hayes to six consecutive sentences of death for his role in the Cheshire home invasion that ended in the deaths of Jennifer Hawke-Petit and her two daughters."

And The Hartford Courant has a news update headlined "Steven Hayes Sentenced To Death; Judge: 'This Is A Sentence You Wrote Yourself.'"

You can access online the sentencing statements of defendant Steven Hayes and survivor Dr. William Petit Jr.
Posted at 01:40 PM by Howard Bashman



"Court surprisingly hostile to FOIA exemption": Tony Mauro has this news analysis online at the First Amendment Center.

You can access the transcript of yesterday's U.S. Supreme Court oral argument in Milner v. Department of Navy, No. 09-1163, by clicking here.
Posted at 11:28 AM by Howard Bashman



Proposition 8 judicial disqualification motion denied: That didn't take long. Today's order issued by Ninth Circuit Judge Stephen Reinhardt can be accessed here.
Posted at 10:32 AM by Howard Bashman


"Dr. William Petit To Speak Of Family At Steven Hayes' Sentencing Thursday; Uncertain If Hayes Will Address Court": The Hartford Courant has this news update.

The New York Times reports today that "Cheshire Appeal Will Point to Twitter."

And The Associated Press reports that "Conn. man faces death sentence in home invasion."
Posted at 09:50 AM by Howard Bashman



"Scottsdale drugmaker case could change what companies tell investors": Today's edition of The Arizona Republic contains an article that begins, "When the U.S. Supreme Court rules in a case on a Scottsdale company's failure to tell investors about complaints over its Zicam nasal products, the decision could have significant ramifications on what all publicly traded companies must disclose about their products."
Posted at 08:20 AM by Howard Bashman


"Miss. judge awaits confirmation; U.S. Senate poised to approve James Graves to Court of Appeals post": This article appears today in The Clarion-Ledger of Jackson, Mississippi.
Posted at 08:16 AM by Howard Bashman


The National Transportation Safety Board has posted online the preliminary aviation accident report for Gregory S. Coleman's November 23, 2010 flight to Destin, Florida: You can view the report by clicking here.
Posted at 08:07 AM by Howard Bashman


"Prop. 8 sponsors ask judge to disqualify himself": Bob Egelko has this article today in The San Francisco Chronicle.

Howard Mintz of The San Jose Mercury News reports today that "Proposition 8 backers move to bump liberal judge from appeal."

The Associated Press reports that "Judge asked to disqualify himself in Prop. 8 case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Prop. 8: Circuit Judge challenged; Backers of California's Proposition 8 ban on same-sex marriage seek removal of a liberal judge from the Ninth Circuit panel hearing the case next week."

You can access the disqualification motion at this link.
Posted at 08:04 AM by Howard Bashman



Wednesday, December 1, 2010

"Tossing illegally obtained evidence only helps the guilty, former judge says": The Salt Lake Tribune has this news update. The former judge is law professor Paul G. Cassell, who advanced the position while arguing a case earlier today before the Supreme Court of Utah.
Posted at 10:30 PM by Howard Bashman


"Mississippi Supreme Court Justice James Graves Jr. clears hurdle for federal bench": The Clarion-Ledger of Jackson, Mississippi has a news update that begins, "The U.S. Senate Judiciary Committee has approved state Supreme Court Justice James Graves Jr. to become a judge on the 5th U.S. Circuit Court of Appeals."
Posted at 10:25 PM by Howard Bashman


"Man sentenced to prison under Stolen Valor Act": The Las Vegas Review-Journal has this news update.
Posted at 08:24 PM by Howard Bashman


In the December 2010 issue of The ABA Journal magazine: The cover story is headlined "The 4th Annual ABA Journal Blawg 100: Our 100 Favorite Blawgs." This blog is listed in the news category.

And Mark Walsh has an article headlined "Raising Arizona: High Court Eyes State's Punishments for Hiring Unauthorized Aliens."
Posted at 08:17 PM by Howard Bashman



"Obama nominates Judge Bernice Donald for U.S. Court of Appeals": The Memphis Commercial Appeal has this news update.

And The Pittsburgh Post-Gazette has a news update headlined "Hornak appointed to federal court bench by Obama."
Posted at 08:10 PM by Howard Bashman



"President Obama Nominates Judge Bernice Bouie Donald for United States Court of Appeals for the Sixth Circuit": The White House issued this news release today.

You can learn more about the nominee both here and here.
Posted at 06:14 PM by Howard Bashman



"The judges of a circuit not only share the same title, pay and terms of office, but they also agree to follow the same judicial oath, making them all equally susceptible to error and making it odd to think of the delegation of decisionmaking authority to panels of three as nothing more than an audition." Sixth Circuit Judge Jeffrey S. Sutton provides an example of the exercise of judicial restraint in his opinion concurring in the denial of rehearing en banc issued today.

The original three-judge panel's ruling on the case can be accessed here.
Posted at 05:54 PM by Howard Bashman



"High court questions broad use of FOIA exemption": Mark Sherman of The Associated Press has this report.

You can access the transcript of today's U.S. Supreme Court oral argument in Milner v. Department of Navy, No. 09-1163, by clicking here.
Posted at 05:08 PM by Howard Bashman



Amendments to the Federal Rules of Appellate Procedure take effect today: You can access the amended rules by clicking here. More background on these amendments can be accessed via this link.

According to a "How Appealing" reader who is intimately involved in the FRAP amendment process, "The FRAP change that is likely to be of most interest to your readers is the adoption of new Appellate Rule 29(c)(5), which adopts for the courts of appeals an amicus-brief authorship-and-funding disclosure requirement modeled on Supreme Court Rule 37.6."
Posted at 10:33 AM by Howard Bashman



"Breyer argues for 'good faith' on high court rulings": Joan Biskupic has this article today in USA Today.
Posted at 09:57 AM by Howard Bashman


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