How Appealing

Monday, January 31, 2011

"Appeals ruling mixed on La. lawyer ad rules": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued today.
Posted at 10:33 PM by Howard Bashman


"Federal Judge Rules That Health Law Violates Constitution": The New York Times has this news update.

The Washington Post has a news update headlined "Judge strikes down entire new health-care law."

Noam N. Levey and David G. Savage of The Los Angeles Times have a news update headlined "Judge rules Obama healthcare law unconstitutional; The ruling by a federal judge in Florida goes beyond a 2010 ruling that the law's insurance mandate is unconstitutional; Two other federal courts previously ruled the law and its mandate were permissible; The stage is now set for an appeal to the U.S. Supreme Court."

The Wall Street Journal has a news update headlined "Judge Rejects Health Law."

Kelly Kennedy and Joan Biskupic of USA Today report that "Judge rules Obama health care law unconstitutional."

Margaret Talev and David Lightman of McClatchy Newspapers report that "Health law takes another hit; judge rules it unconstitutional."

Warren Richey of The Christian Science Monitor reports that "Judge declares Obama health-care law 'void' in its entirety; A federal judge in Florida rules that the health-care law passed by Congress last year is unconstitutional; Three other federal judges have also ruled on the health-care law -- one against, two in favor -- setting up a potential Supreme Court showdown."

Bill Mears of CNN.com reports that "Federal judge tosses out sweeping health care reform act."

And Politico.com has reports headlined "Florida judge rules health care law unconstitutional"; "Florida health ruling gives Republicans firepower": and "Who is Florida Judge Roger Vinson?"
Posted at 08:55 PM by Howard Bashman



"Sotomayor Reflects On First Years on Court": Adam Liptak will have this article Tuesday in The New York Times.
Posted at 08:10 PM by Howard Bashman


"N.J. Supreme Court decides political aide cannot sue for defamation over revelation of drug conviction in campaign ads": The Newark Star-Ledger has a news update that begins, "A former political aide whose drug conviction was used as fodder in campaign attack ads cannot sue for defamation even though his record was expunged, the New Jersey Supreme Court said today."

And at "The Volokh Conspiracy," law professor Eugene Volokh has a post titled "Is It Libel to Say Someone Was Convicted of a Crime When the Conviction Has Been Expunged?"

You can access today's ruling of the Supreme Court of New Jersey at this link.
Posted at 03:30 PM by Howard Bashman



"Fla. judge strikes down health overhaul": The Associated Press has this report.

Via WSJ.com's "Law Blog," you can access today's ruling of the U.S. District Court for the Northern District of Florida at this link.
Posted at 03:20 PM by Howard Bashman



"State high court to consider girl's maturity in having an abortion": The Associated Press has a report that begins, "The Pennsylvania Supreme Court has decided to consider the role judges play in deciding whether a minor can have an abortion."
Posted at 08:17 AM by Howard Bashman


"Lokuta requests new look at ruling; Former judge wants state high court to reconsider decision upholding her removal": The Times Leader of Wilkes-Barre, Pennsylvania contains this article today.
Posted at 08:16 AM by Howard Bashman


"A civil rights hero gets his day: Fred Korematsu, a young man who refused to be hauled away during World War II because of his heritage, took his case to the U.S. Supreme Court; Now, six years after his death, a statewide holiday honors his courage." This article appears today in The Los Angeles Times.

And The Oakland Tribune reports today that "Civil rights leaders honor Oakland activist."
Posted at 08:14 AM by Howard Bashman



"Judge secure with sexual orientation; State high court nominee Sabrina McKenna hopes her judicial experience will quell talk of sexuality": Ken Kobayashi has this article today in The Honolulu Star-Advertiser.
Posted at 08:10 AM by Howard Bashman


"Hundreds march outside Koch brothers' retreat; The billionaire conservatives hold a gathering of elected officials, political donors and strategists; Outside, liberals hold signs condemning 'corporate greed'; 25 are arrested for trespassing": The Los Angeles Times contains this article today.

The New York Times reports today that "Protesters Take On Conservative Retreat."

And The Desert Sun of Palm Springs, California reports that "Hundreds protest billionaires' talks."
Posted at 08:04 AM by Howard Bashman



"Your Rx or your privacy: The Supreme Court will decide whether states can bar the buying and selling of prescription data." This editorial appears today in The Los Angeles Times.
Posted at 07:54 AM by Howard Bashman


"US judge may escalate battle over healthcare reform; Judge would be second to rule law unconstitutional; Ruling marks major challenge to federal authority; Judge may seek to invalidate law, order injunction": Reuters has this report.
Posted at 07:48 AM by Howard Bashman


Sunday, January 30, 2011

"Oconee County court case headed for U.S. Supreme Court": Monday's edition of The Anderson Independent Mail will contain an article that begins, "A 2008 case originating in the court of an Oconee County judge now under consideration for a federal judgeship is headed to the U.S. Supreme Court in March. Oral arguments in Turner vs. Rogers are scheduled for March 23, a spokesperson with the U.S. Supreme Court's public information office confirmed Friday."
Posted at 10:38 PM by Howard Bashman


"Convicted attorneys are still practicing; Some even have kept their licenses while serving time for their crimes": This article appears today in The Milwaukee Journal Sentinel.
Posted at 10:32 PM by Howard Bashman


"Supreme Court reversals deliver a dressing-down to the liberal 9th Circuit": Robert Barnes will have this article Monday in The Washington Post.
Posted at 10:28 PM by Howard Bashman


"Where judicial activism morphs into disregard": In today's edition of The San Francisco Chronicle, columnist Debra J. Saunders has an op-ed that begins, "Four times this month the U.S. Supreme Court has slapped down the Ninth Circuit Court of Appeals."
Posted at 09:50 AM by Howard Bashman


"The Two Abortion Wars: State Battles Over Roe v. Wade." The New York Times contains this editorial today.
Posted at 09:47 AM by Howard Bashman


"State Supreme Court to hear abortion appeal; Justices to review judicial discretion in denying minor's access to procedure": This article appears today in The Morning Call of Allentown, Pennsylvania.
Posted at 09:45 AM by Howard Bashman


"Under the U.S. Supreme Court: Will healthcare reform survive the courts?" Michael Kirkland of UPI has this report.
Posted at 09:38 AM by Howard Bashman


"Dennis Riordan, noted lawyer, on Barry Bonds' team": In Friday's edition of The San Francisco Chronicle, Bob Egelko had an article that begins, "The team defending former San Francisco Giants star Barry Bonds against perjury charges has its own lineup of All-Stars, none brighter than appellate specialist Dennis Riordan." The newspaper did not make the article freely available online until today.
Posted at 09:30 AM by Howard Bashman


Saturday, January 29, 2011

"Court won't hold 'Don't ask, don't tell' lawsuit": The Associated Press has a report that begins, "A federal appeals court has denied the government's request to suspend a lawsuit challenging the military's ban on openly gay servicemembers."

You can access yesterday's order of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 03:05 PM by Howard Bashman



"Courthouse decorum trumps press freedom, Supreme Court rules": In today's edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, "Judges are free to safeguard the serenity of courthouses by tightly restricting where journalists can roam in pursuit of interviews and photographs, the Supreme Court of Canada ruled Friday morning."

The Toronto Sun reports that "Top court rejects press freedom cases."

And Postmedia News reports that "Top court upholds restrictions on media in courthouses."

You can access here and here the two rulings that the Supreme Court of Canada issued yesterday.
Posted at 11:14 AM by Howard Bashman



"At state Supreme Court, conflict among the justices": This article appears today in The Wisconsin State Journal.
Posted at 11:02 AM by Howard Bashman


"Justice finalist list has one minority": In today's edition of The Des Moines Register, Grant Schulte has an article that begins, "A University of Iowa law professor named as a finalist for the Iowa Supreme Court would become the state's first minority and the third female justice to serve on the bench if appointed, a former justice said Friday."
Posted at 11:00 AM by Howard Bashman


"Court orders restitution to victim in child porn case": Bill Rankin has this article today in The Atlanta Journal-Constitution.

The Associated Press reports that "Court upholds restitution for child porn victim."

And Mark Kernes of AVN News reports that "11th Circuit Affirms Payments to Child Porn Victim."

My earlier coverage of yesterday's Eleventh Circuit ruling appears at this link.
Posted at 10:52 AM by Howard Bashman



"Court Rejects Judge's Assertion of a Child Pornography Gene": This article appears today in The New York Times.

And The Associated Press reports that "NY court objects to judge's child-porn gene theory."

You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 10:46 AM by Howard Bashman



"Suits on Same-Sex Marriage May Force Administration to Take a Stand": Charlie Savage has this article today in The New York Times.
Posted at 10:40 AM by Howard Bashman


Friday, January 28, 2011

"Eleventh Circuit publishes (first?) circuit opinion affirming restitution in sentencing of child porn downloader": Law professor Doug Berman has this post at his "Sentencing Law and Policy" blog about a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 02:00 PM by Howard Bashman


Thursday, January 27, 2011

"Court rules that consumers can sue manufacturers over misleading claims; The decision resolves a battle between consumers and business over the scope of Proposition 64, a 2004 measure intended to reduce 'shakedown' suits": Maura Dolan will have this article Friday in The Los Angeles Times.

And Bob Egelko of The San Francisco Chronicle has a news update headlined "Customers can still sue over phony labels."

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



"Obama nominates Manglona to US District Court for NMI; Kilili, Fitial: A proud day for the islands." This article appears Friday in The Saipan Tribune.
Posted at 10:28 PM by Howard Bashman


"Sotomayor touts bipartisan seating at Obama speech": The Associated Press has this report.

You can view archived video of Justice Sonia Sotomayor's lecture this afternoon at Kansas State University via this link.
Posted at 10:22 PM by Howard Bashman



En banc Fourth Circuit considers deadline for removing lawsuit from state court to federal court in multi-defendant suit when the defendants do not all receive service of process on the same day: According to a law review article quoted in the opinion concurring in the judgment:
All pertinent sections of the removal statute contemplate cases with more than one defendant, except for sec. 1446(b). This conspicuous omission has created the most serious statutory construction problem when removal is sought in multidefendant actions.
You can access today's 7-5 en banc ruling of the U.S. Court of Appeals for the Fourth Circuit on the removal timing issue at this link.
Posted at 08:46 PM by Howard Bashman


"Lee to join Hatch on Judiciary Committee": The Salt Lake Tribune has this news update.

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Blumenthal, Lee Join Senate Judiciary Committee."
Posted at 08:20 PM by Howard Bashman



"Rahm Emanuel back in mayoral race after Supreme Court rules 7-0": Abdon M. Pallasch and Fran Spielman have a news update that begins, "Rahm Emanuel can run for mayor, the Illinois Supreme Court has ruled."

The Chicago Tribune has a news update headlined "Supreme Court: Emanuel on Chicago mayor ballot."

And The New York Times has a news update headlined "Court Allows Emanuel on Ballot for Chicago Mayor."

You can access today's ruling of the Supreme Court of Illinois at this link.
Posted at 07:46 PM by Howard Bashman



Judge and juror: This interesting article appears today in The Washington Post.
Posted at 01:36 PM by Howard Bashman


"Hawaii senators hold prayer despite vote to end it": The Associated Press has a report that begins, "A group of nine Hawaii senators held hands, bowed their heads and sought God's blessing Wednesday, signaling that they'll still pray despite a vote last week to abandon official invocations. Fears of court challenges compelled the state Senate to end prayers, making it the first legislative body in the nation to do so."
Posted at 08:57 AM by Howard Bashman


"By skipping Obama speech, justices bring politics to court": The Boston Globe contains this editorial today.
Posted at 08:54 AM by Howard Bashman


"Closed door Wisconsin Supreme Court meeting riles some justices; Public sessions set on disputes over finances, rules": This article appears today in The Milwaukee Journal Sentinel.
Posted at 08:50 AM by Howard Bashman


"Duffly is narrowly approved for SJC": The Boston Globe today contains an article that begins, "Governor Deval Patrick's Supreme Judicial Court nominee won narrow approval yesterday, averting potential embarrassment to the governor on a pick that few saw as controversial when she was initially chosen."

And The Associated Press reports that "Governor's Council approves Duffly for Mass. SJC."
Posted at 08:46 AM by Howard Bashman



"Geography could be factor for nominators": In today's edition of The Des Moines Register, Grant Schulte has an article that begins, "Some members of the state panel that nominates finalists to the Iowa Supreme Court suggested this week they will consider applicants from outside the Des Moines area as a way to add geographic diversity to the bench."
Posted at 08:42 AM by Howard Bashman


"Senate Democrats Drop Campaign to Limit Filibuster": This article appears today in The New York Times.
Posted at 08:33 AM by Howard Bashman


Wednesday, January 26, 2011

"Court says it can't force vote on chief justices; Federal panel said it had no jurisdiction over claims Pawlenty's appointments circumvented right to vote": The Minneapolis Star Tribune has this news update.

My earlier coverage of today's Eighth Circuit ruling appears at this link.
Posted at 10:40 PM by Howard Bashman



"Appeals court to expedite Virginia healthcare challenges": Reuters has this report.

The Virginian-Pilot has a news update headlined "Va.'s health care lawsuit hearing to be expedited."

And at "SCOTUSblog," Lyle Denniston has a post titled "Health care appeal moved up."
Posted at 10:36 PM by Howard Bashman



"President Obama Nominates Judge Henry F. Floyd for the United States Court of Appeals for the Fourth Circuit": The White House issued this news release today.

The Associated Press reports that "SC's Floyd picked for 4th Circuit Court of Appeals."

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Obama Nominates Judge Who Ruled in Padilla Case."
Posted at 09:04 PM by Howard Bashman



"Prop. 8 opponents ask California high court to reject federal court's request for ruling; The request involves initiative supporters' right to defend a ballot measure when state officials refuse to do so": Maura Dolan has this article today in The Los Angeles Times.
Posted at 02:47 PM by Howard Bashman


"Appeals court rejects judicial elections challenge": The Associated Press has a report that begins, "A federal appeals court has rejected a challenge to Minnesota rules for electing judges and its mandatory retirement age for judges."

You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 02:26 PM by Howard Bashman



"Be bold, justice candidates told": In today's edition of The Des Moines Register, Grant Schulte has an article that begins, "The three new justices who are appointed to the state's highest court should be able and willing to challenge other justices' legal arguments, Iowa Supreme Court Justice David Wiggins said Tuesday."
Posted at 02:20 PM by Howard Bashman


"McKenna is named to state's high court; The state judge garners praise for her people skills and competence": Ken Kobayashi has this article today in The Honolulu Star-Advertiser. The article reports, among other things, that "McKenna would be the first openly gay member of the Hawaii Supreme Court."
Posted at 02:15 PM by Howard Bashman


"Emanuel back on ballot -- for now": Abdon M. Pallasch and Fran Spielman have this article today in The Chicago Sun-Times. Pallasch also has a profile of the Justices serving on the Supreme Court of Illinois.

The Chicago Tribune reports today that "State Supreme Court gives Emanuel a reprieve; Justices order his name on the ballot for now, agree to expedited review."

The New York Times reports that "Emanuel Back on Ballot; Court Will Hear Case."

And The Washington Post reports that "Emanuel's mayoral bid gets boost from Obama."
Posted at 09:44 AM by Howard Bashman



"Senate nears approval of filibuster changes": Today's edition of The Washington Post contains an article that begins, "The Senate edged closer Tuesday to resolving a standoff over the chamber's arcane rules after leaders presented a set of modest changes designed to satisfy a group of junior Democrats who are pushing to dramatically revamp the filibuster process."
Posted at 09:36 AM by Howard Bashman


"Rights groups back Sikh man in fight over his beard": This article appears today in The Sacramento Bee. The article reports that "U.S. Supreme Court Justice Samuel Alito, then on the 3rd U.S. Circuit Court of Appeals, ruled in 1999 that a New Jersey fire department was required to accommodate Muslim firefighters who wore beards for religious reasons."
Posted at 09:35 AM by Howard Bashman


"Guantanamo detainee's sentence renews debate about civilian trials; The first civilian trial of a Guantanamo detainee prompted questions about whether civilian court is the best place for alleged terrorists": The Christian Science Monitor has this report.
Posted at 09:30 AM by Howard Bashman


"New seatfellows might have made the speech more appealing to justices": That's the headline of Al Kamen's "In the Loop" column in today's edition of The Washington Post.
Posted at 09:26 AM by Howard Bashman


Tuesday, January 25, 2011

"Judge Posner Criticizes the Bluebook (the Most Popular Legal Citation Format Manual)": At "The Volokh Conspiracy," Eugene Volokh has this post about a book review essay that Seventh Circuit Judge Richard A. Posner has in the January 2011 issue of The Yale Law Journal.
Posted at 10:33 PM by Howard Bashman


"U.S. Supreme Court rules in favor of Ohio woman assaulted by prison guard": This article appears today in The Cleveland Plain Dealer.
Posted at 10:27 PM by Howard Bashman


Supplemental reply 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: Moments ago, I filed this supplemental reply brief for appellant in the U.S. Court of Appeals for the Third Circuit in response to class counsel's lengthy supplemental brief for appellee filed earlier this month.

The Third Circuit requested supplemental briefing in an order that the court issued after granting rehearing en banc. The supplemental brief for appellant that I filed last month can be accessed here. Additional background on the case can be accessed here and here. The case will be reargued en banc next month.
Posted at 05:00 PM by Howard Bashman



"6 justices to attend Obama speech Tuesday night": Mark Sherman of The Associated Press has a report that begins, "Chief Justice John Roberts will lead a contingent of six Supreme Court justices at President Barack Obama's State of the Union speech, quieting speculation that only Democratic appointees to the court would attend."
Posted at 03:20 PM by Howard Bashman


Monday, January 24, 2011

"Scalia meets with tea party House members": The Los Angeles Times has this news update.

The Associated Press reports that "Scalia addresses tea party-organized event."

And Politico.com reports that "Antonin Scalia charms Tea Party caucus."
Posted at 10:30 PM by Howard Bashman



"Thomas Says He Erred on Disclosure": Tuesday's edition of The New York Times will contain an article that begins, "Under pressure from liberal critics, Justice Clarence Thomas of the Supreme Court acknowledged in filings released on Monday that he erred by not disclosing his wife's past employment as required by federal law."

And in Tuesday's edition of The Wall Street Journal, David B. Rivkin Jr. and Lee A. Casey will have an op-ed entitled "Common Cause v. Scalia and Thomas: The liberal lobby tries to quiet two conservative voices." You can freely access the full text of the op-ed via Google News.
Posted at 09:12 PM by Howard Bashman



"Obama Names Verrilli for Solicitor General Post": Marcia Coyle has this entry at "The BLT: The Blog of Legal Times."

Evan Perez of The Wall Street Journal has a news update headlined "Obama to Nominate White House Lawyer Verrilli as Solicitor General."

At "The Caucus" blog of The New York Times, Charlie Savage has a post titled "Obama Selects Donald Verrilli as Solicitor General."

Pete Yost of The Associated Press reports that "White House lawyer picked to be solicitor general."

Greg Stohr of Bloomberg News reports that "Verrilli Chosen by Obama to Be Solicitor General After Kagan."

And at "SCOTUSblog," Lyle Denniston has a post titled "Verrilli chosen for SG post."
Posted at 05:25 PM by Howard Bashman



"Rahm Emanuel booted off ballot in 2-1 Appellate Court decision": Abdon M. Pallasch of The Chicago Sun-Times has this news update.

The Chicago Tribune has a news update headlined "Court: Emanuel should be removed from mayoral ballot."

And The Associated Press has a report headlined "Court: Emanuel's name can't be on mayoral ballot."

You can access today's ruling of the Illinois Appellate Court at this link.
Posted at 01:36 PM by Howard Bashman



Ninth Circuit holds that federal law does not preempt state law failure-to-warn claims against generic drug manufacturers: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:30 PM by Howard Bashman


"W.H. may allow new tribunals": Josh Gerstein of Politico.com has an article that begins, "The Obama administration, with its plan to close Guantanamo largely stymied, is edging toward one option that is still available: trying detainees in military commissions at the island prison, according to officials and outside analysts."
Posted at 01:23 PM by Howard Bashman


"Jared Loughner case: Defense attorney gets juries to see other side." This article appears today in The Arizona Republic, along with a related article headlined "Tough prosecutor welcomes tough cases."
Posted at 01:21 PM by Howard Bashman


"Tea time for Antonin Scalia": Politico.com has this report.
Posted at 01:18 PM by Howard Bashman


"A Taxonomy of Supreme Court Humor": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 12:04 PM by Howard Bashman


"Battle Over Obama Health Care Law: A Legal Primer; Can Government Require You to Buy Medical Insurance?" Ariane de Vogue has this in-depth report at ABCNews.com.
Posted at 11:00 AM by Howard Bashman


"Chuck Schumer warns of 'crisis' in Judiciary": Mike Allen has this article at Politico.com.
Posted at 10:58 AM by Howard Bashman


Access online today's Order List and decisions in argued cases of the U.S. Supreme Court: The Court today issued three decisions in argued cases.

1. Justice Sonia Sotomayor delivered the opinion for a unanimous Court in Chase Bank USA, N.A. v. McCoy, No. 09-329. You can access the oral argument via this link.

2. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Ortiz v. Jordan, No. 09-737. Justice Clarence Thomas issued an opinion concurring in the judgment, in which Justices Antonin Scalia and Anthony M. Kenendy joined. You can access the oral argument via this link.

3. Justice Scalia delivered the opinion of the Court in Thompson v. North American Stainless, LP, No. 09-291. All Justices joined in the opinion except for Justice Elena Kagan, who did not take part in the decision. Justice Ginsburg issue a concurring opinion in which Justice Stephen G. Breyer joined. You can access the oral argument via this link.

Lastly, the Court issued a summary per curiam reversal in Swarthout v. Cooke, No. 10-333. Justice Ginsburg issued a concurring opinion.

You can access today's Order List at this link. The Court today granted review in two cases and called for the views of the Solicitor General's Office in one case.

In early news coverage, The Associated Press has reports headlined "Court says company can't fire employee's fiancee"; "Court: Chase could increase interest rates"; "High court rules for prison victim of sex assault"; and "High court rejects farmer who tangled with Tyson."

And at "SCOTUSblog," Lyle Denniston has a post titled "Scope of Miranda in jail."
Posted at 10:07 AM by Howard Bashman



"Farmer who tangled with Tyson asks high court help": Mark Sherman of The Associated Press has this report.
Posted at 10:03 AM by Howard Bashman


Sunday, January 23, 2011

"Does Scalia belong at Bachmann sessions? The justice will cross the street to meet with lawmakers in the first 'Conservative Constitutional Seminar' Bachmann is holding; But will he cross a line?" This article will appear Monday in The Minneapolis Star Tribune.
Posted at 11:10 PM by Howard Bashman


"'Socialized Medicine' May Start With Judges": Michael Waldman has this essay online at Bloomberg News.
Posted at 11:08 PM by Howard Bashman


"Branstad: No judicial litmus test." Today in The Des Moines Register, Grant Schulte has an article that begins, "Gov. Terry Branstad will quiz nine finalists for the Iowa Supreme Court about their legal experience and philosophy but won't ask about specific cases, including the court's controversial 2009 decision to permit same-sex marriage."
Posted at 09:20 AM by Howard Bashman


"Under the U.S. Supreme Court: The 'anguish' of defending the cross." Michael Kirkland of UPI has this report.
Posted at 09:18 AM by Howard Bashman


Saturday, January 22, 2011

"Secretive 'billionaire caucus' in Rancho Mirage drawing scrutiny; Protests planned; Supreme Court justices' involvement with Koch questioned": This article appears today in The Desert Sun of Palm Springs, California.
Posted at 10:24 PM by Howard Bashman


"Abortion foes begin new battle at Capitol; Efforts to restrict abortion gain strength across U.S." Sunday's edition of The Minneapolis Star Tribune will contain an article that begins, "A new era of abortion politics is gripping Minnesota and many other states, thanks to the sweeping Republican victories in November that brought a wave of conservatives into power."
Posted at 10:20 PM by Howard Bashman


"Legacy of a Fence": Linda Greenhouse will have this op-ed in Sunday's edition of The New York Times.
Posted at 10:18 PM by Howard Bashman


"Justice Scalia is a political star - and that's bad for the Supreme Court": Law professor Jonathan Turley has this op-ed online at The Washington Post.
Posted at 03:40 PM by Howard Bashman


"High court hopefuls list is Abercrombie's secret": Today's edition of The Honolulu Star-Advertiser contains an article that begins, "In a departure from the practice of his predecessor, Gov. Neil Abercrombie will not release the names of candidates submitted to him this week for a vacancy on the Hawaii Supreme Court."
Posted at 03:35 PM by Howard Bashman


"Judge: Players can testify at Barry Bonds case." The San Francisco Chronicle contains this article today.

In today's edition of The San Jose Mercury News, Howard Mintz has an article headlined "Bonds case: Judge rules former pro athletes can testify in upcoming trial."

And The New York Times reports that "Ruling on Witnesses Is a Blow for Bonds."
Posted at 03:20 PM by Howard Bashman



"Clarence Thomas failed to report wife's income, watchdog says; Virginia Thomas earned over $680,000 from conservative think tank the Heritage Foundation over 5 years, a group says; But the Supreme Court justice did not include it on financial disclosure forms": This article appears today in The Los Angeles Times.
Posted at 03:15 PM by Howard Bashman


"Troy Davis team back to U.S. Supreme Court": Today's edition of The Savannah Morning News contains an article that begins, "Troy Anthony Davis' defense team Friday filed a two-pronged challenge before the U.S. Supreme Court in a renewed bid to spare his life."
Posted at 03:12 PM by Howard Bashman


Friday, January 21, 2011

"Lawmakers in Many States Pushing for Abortion Curbs": This article will appear Saturday in The New York Times.
Posted at 10:48 PM by Howard Bashman


"Should They Stay or Should They Go? Some Supreme Court justices are still in a snit over last year's State of the Union speech." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:45 PM by Howard Bashman


"Supreme Court to rule on lawyers' freedoms": Today's edition of The Montreal Gazette contains an article that begins, "When can a lawyer criticize a judge? Lawyers -- as well as judges and professional orders representing lawyers across Canada -- will be closely watching the outcome of a Supreme Court of Canada case that begins next Wednesday."
Posted at 10:42 PM by Howard Bashman


"Justice Scalia set to address Tea Party Caucus on Capitol Hill": Bill Mears of CNN.com has this report.
Posted at 10:35 PM by Howard Bashman


"Year after ruling: Right gloats, left vows fight." Politico.com has a report that begins, "The first anniversary of the Supreme Court's decision in Citizens United v. Federal Election Commission was marked Friday in classically Washington fashion -- with protests, press conferences, dueling panel discussions and talk of a new effort by liberal groups to expose some of the conservative nonprofit groups that took advantage of the ruling to spend millions of dollars on political ads."
Posted at 10:32 PM by Howard Bashman


Fourth Circuit affirms dismissal for lack of standing of lawsuit challenging federal funding of research involving embryonic stem cells: You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 10:24 PM by Howard Bashman


"Judge Tacha to take senior status": Today's edition of The Topeka Capital-Journal contains an article that begins, "President Barack Obama is getting his first chance to pick a Kansan for the federal appeals court that serves Kansas and five other states, The Topeka Capital-Journal has learned. His opportunity arises from an unpublicized decision by longtime Judge Deanell Reece Tacha, of Lawrence, to switch from full-time service on the 10th U.S. Circuit Court of Appeals to senior judge status."
Posted at 04:02 PM by Howard Bashman


"Debate over expenditures highlights rift on state high court; Issues to be publicly discussed Jan. 31": The Milwaukee Journal Sentinel contains this article today.

The Wisconsin State Journal reports today that "Supreme Court funds dispute set to spill into public arena."

And The Associated Press reports that "Wis. justices quibble over money, accountability."
Posted at 11:10 AM by Howard Bashman



"A Year Later, Citizens United Reshapes Politics": This audio segment appeared on today's broadcast of NPR's "Morning Edition."

In today's edition of The Washington Post, David N. Bossie and Theodore B. Olson have an op-ed entitled "A victory for independent speech."

And in today's edition of The Wall Street Journal, law professor Joel M. Gora has an op-ed entitled "A Free Speech Anniversary: One year ago the Supreme Court affirmed that individuals don't lose their rights when they organize as a corporation." You can freely access the full text of the op-ed via Google News.
Posted at 11:02 AM by Howard Bashman



"Roberts Decision on Attending Obama 'Pep Rally' to Send Message": Greg Stohr of Bloomberg News has this report.
Posted at 10:54 AM by Howard Bashman


Thursday, January 20, 2011

"Elena Kagan not selected for jury duty": The Washington Post has this blog entry.

And ABCNews.com's "The Note" has a post titled "Spotted: Supreme Court Justice Elena Kagan Waiting for Jury Duty."
Posted at 10:40 PM by Howard Bashman



"U.S. Supreme Court reaffirms conviction in '94 Sacramento slaying": Michael Doyle has this article today in The Sacramento Bee.
Posted at 06:04 PM by Howard Bashman


"Court seems unimpressed by 'corporate privacy'": Tony Mauro has this news analysis online at the First Amendment Center.

In today's edition of The Wall Street Journal, Jess Bravin reports that "Justices Appear Skeptical in AT&T Privacy Case."

Adam Liptak of The New York Times reports today that "Court Weighs Whether Corporations Have Personal Privacy Rights."

Robert Barnes of The Washington Post has an article headlined "Do companies have 'personal privacy' rights?"

Joan Biskupic of USA Today reports that "High court hears AT&T case on company privacy rights."

Warren Richey of The Christian Science Monitor has an article headlined "Corporate 'personal privacy'? Case watched for any hint of Supreme Court bias; A lawyer for AT&T faces tough questioning at Supreme Court as he argues for 'personal privacy' protections for corporations; Critics alleging a pro-business bias in the Roberts court are tuning in."

And columnist Linda P. Campbell of The Fort Worth Star-Telegram has an op-ed entitled "Overdoing it on corporate rights."
Posted at 01:52 PM by Howard Bashman



"Jerold S. Solovy, 1930-2011; Prominent attorney, former chair of Jenner & Block": This obituary appears today in The Chicago Tribune.

And today's edition of The Chicago Sun-Times contains an article headlined "Lawyer Solovy dead at 80."
Posted at 09:14 AM by Howard Bashman



"Judges Take Another Look at Ex-Alabama Governor's Conviction": In today's edition of The New York Times, John Schwartz has an article that begins, "Three federal appeals court judges seemed ready on Wednesday to see the convictions of former Gov. Don E. Siegelman of Alabama and the man accused of bribing him in a new light."

And The Mobile Press-Register reports today that "Don Siegelman, Richard Scrushy lawyers argue in Florida court to have convictions tossed."
Posted at 09:06 AM by Howard Bashman



"Ninth Circuit Judge Stephen Reinhardt Feels High Court's Wrath": Nathan Koppel has this post at WSJ.com's "Law Blog."
Posted at 09:00 AM by Howard Bashman


"Legal challenge to judicial nominators is rejected": Today in The Des Moines Register, Grant Schulte has an article that begins, "A federal judge has tossed a lawsuit that claimed lawyer members of the state group that nominates people to become Iowa Supreme Court justices should be chosen by voters."

The Associated Press reports that "Judge rejects challenge to Iowa judicial system."

And in somewhat related news, The Des Moines Register reports today that "GOP to widen scope of proposed same-sex marriage ban."
Posted at 08:54 AM by Howard Bashman



"Reform group: Antonin Scalia, Clarence Thomas had Citizens United conflicts of interest." This article appears at Politico.com.

And The New York Times reports today that "Advocacy Group Says Justices May Have Conflict in Campaign Finance Cases."
Posted at 08:52 AM by Howard Bashman



"Female lawyers are still rare at US Supreme Court": The Associated Press has this report.
Posted at 08:50 AM by Howard Bashman


Wednesday, January 19, 2011

"Reach Out and Touch Someone: FCC v. AT&T reveals the limits of corporate personhood at the Supreme Court." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 08:22 PM by Howard Bashman


"Relatives Can Sue Over Morphed Child Porn Pix; Expert who broke federal child porn laws may also be sued for civil damages": Mark Kernes of AVN News has this report.

And The Associated Press reports that "Ohio appeals court rules in fake child porn case."

My earlier coverage of today's Sixth Circuit ruling appears at this link.
Posted at 05:40 PM by Howard Bashman



"Court hears gay dads' La. birth certificate case": The Associated Press has this report on today's en banc reargument before the U.S. Court of Appeals for the Fifth Circuit. You can access the oral argument audio via this link (30.2MB Windows Media Audio file).

And in related news, The AP reports that "Gay Fla. couple who fought adoption ban adopts 2."
Posted at 03:24 PM by Howard Bashman



"U.S. Appeals Ruling Striking Down Obama's Health Law": Bloomberg News has a report that begins, "The U.S. asked a federal appeals court to overturn a Virginia judge's ruling that the Obama administration's health-care overhaul is unconstitutional because it requires some Americans to buy insurance."
Posted at 02:17 PM by Howard Bashman


"Justices Uphold Background Checks": Adam Liptak of The New York Times has this news update.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court limits privacy rights of federal contract workers; Ruling on a lawsuit brought by researchers at the Jet Propulsion Laboratory, the court upholds the personal background checks required of thousands of people who work under government contracts."

Jesse J. Holland of The Associated Press reports that "Court says NASA background checks can continue."

Greg Stohr of Bloomberg News reports that "Privacy Rights of U.S. Workers Curbed by Supreme Court in Contractor Case."

And James Vicini of Reuters reports that "Supreme Court upholds NASA employee background checks."

Update: At "SCOTUSblog," Lyle Denniston has a post titled "Constitutional issue left open: The Court refuses to clarify whether the Constitution does, in fact, protect individuals from disclosure by the government of information about their private lives; It goes on to uphold background checks for employees of government contractors."
Posted at 02:11 PM by Howard Bashman



"High court hears case on corporate privacy": Mark Sherman of The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Losing on a privacy claim? The concept of 'personal privacy' for corporations found next to no support from the bench as the Court heard an appeal on the scope of the Freedom of Information Act."

You can access the transcript of today's U.S. Supreme Court oral argument in FCC v. AT&T Inc., No. 09-1279, at this link.
Posted at 02:05 PM by Howard Bashman



"Tucson Video Shows Judge Saving Other Victim": The Wall Street Journal has this news update.
Posted at 01:54 PM by Howard Bashman


Sixth Circuit reinstates civil lawsuit seeking damages against attorney who downloaded images of children from a stock photo website, digitally "morphed" them into pornography, then used the images to help his clients resist child pornography charges: Circuit Judge Jeffrey S. Sutton today issued this interesting opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.

The lawsuit was brought by the guardians of the children whose images the attorney had morphed into pornography.
Posted at 12:20 PM by Howard Bashman



"U.S. Supreme Court to take Medi-Cal lawsuit case": Bob Egelko has this article today in The San Francisco Chronicle.

The Los Angeles Times reports today that "U.S. Supreme Court to decide if California can cut payments to Medi-Cal providers; Justices will decide whether to allow the cash-strapped state to reduce what it pays to doctors, hospitals and other providers of healthcare for the poor."

And Michael Doyle of McClatchy Newspapers reports that "Supreme Court takes on states' plans to cut Medicaid payments."
Posted at 12:08 PM by Howard Bashman



"UT admission policy upheld; Court that banned use of race now cites Supreme Court case": This article appears today in The Austin American-Statesman.

Reuters reports that "Appeals court upholds University of Texas over race admissions."

The Associated Press reports that "Court upholds UT Austin admissions standards."

At the "School Law" blog of Education Week, Mike Walsh has a post titled "Appeals Court Upholds Use of Race in Texas Admissions."

And at the blog "First One @ One First," Mike Sacks has a post titled "Is the End Near for Affirmative Action?"

My earlier coverage of yesterday's Fifth Circuit ruling appears at this link.
Posted at 10:33 AM by Howard Bashman



"Friends of the Court?" Today's edition of The New York Times contains an editorial that begins, "The Roberts court is hearing a larger share of cases about economic activities that matter to big business than the Rehnquist court before it."
Posted at 10:26 AM by Howard Bashman


"Court hears gay dads' La. birth certificate case": The Associated Press has this report on a case that will be reargued en banc today in the U.S. Court of Appeals for the Fifth Circuit. I will link to the oral argument audio recording when the court posts it online.

Meanwhile, in somewhat related news, The New York Times reports today that "Parenting by Gays More Common in the South, Census Shows."
Posted at 10:24 AM by Howard Bashman



Access online today's rulings of the U.S. Supreme Court in argued cases: In the first decision announced today, Justice Samuel A. Alito, Jr. delivered the opinion of the Court in NASA v. Nelson, No. 09-530. You can access the oral argument via this link. The Chief Justice and Justices Anthony M. Kennedy, Ruth Bader Ginsburg, Stephen G. Breyer, and Sonia Sotomayor joined in the opinion of the Court. Justice Antonin Scalia issued an opinion concurring in the judgment in which Justice Clarence Thomas joined. Justice Thomas also issued an opinion concurring in the judgment. And Justice Elena Kagan did not participate.

In the second decision announced today, Justice Kennedy delivered the opinion of the Court in Harrington v. Richter, No. 09-587. You can access the oral argument via this link. The Chief Justice and Justices Scalia, Thomas, Breyer, Alito, and Sotomayor joined in the opinion of the Court. Justice Ginsburg issued an opinion concurring in the judgment. And Justice Kagan did not participate.

And in the third and final decision issued today, Justice Kennedy delivered the opinion of the Court in Premo v. Moore, No. 09-658. You can access the oral argument via this link.The Chief Justice and Justices Scalia, Thomas, Breyer, Alito, and Sotomayor joined in the opinion of the Court. Justice Ginsburg issued an opinion concurring in the judgment. And Justice Kagan did not participate.
Posted at 10:04 AM by Howard Bashman



Tuesday, January 18, 2011

"Work E-Mail Not Protected by Attorney-Client Privilege, Court Says": At Wired.com's "Threat Level" blog, David Kravets has a post that begins, "E-mails between a client and attorney are no longer considered privileged and confidential if the client writes the messages from a work e-mail account, a California court of appeals has ruled. The 3-0 decision Thursday by the Sacramento Third Appellate District means that if you intend to sue your employer, don't discuss the suit with an attorney using company e-mail. The company has a right to access it and use it against you in a court."

You can access last Thursday's ruling of California's Court of Appeal for the Third Appellate District at this link.
Posted at 10:44 PM by Howard Bashman



"Judge John M. Roll appears to have died while helping to save the life of Ronald Barber, one of Ms. Giffords's employees": So reports an article that will appear in Wednesday's edition of The New York Times.

The Washington Post offers a similar observation in a news update headlined "Videos show Tucson shooting in detail, sources say."
Posted at 10:38 PM by Howard Bashman



"Appeals court upholds use of race in UT admissions": The Austin American-Statesman has a blog post that begins, "The University of Texas' consideration of race and ethnicity in undergraduate admissions passes legal muster, a federal appeals court ruled today."

You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. Each of the three judges on the panel issued a separate opinion.
Posted at 08:56 PM by Howard Bashman



"Lawyer Seeking Order That 'Will Compel ... Volokh to Remove His ... Blog [Post]'": Law professor Eugene Volokh had this post yesterday at "The Volokh Conspiracy" addressing an "emergency" motion filed yesterday in the U.S. Court of Appeals for the Third Circuit.
Posted at 11:18 AM by Howard Bashman


"The Oldest Bench Ever: Extreme aging in the federal judiciary--and the trouble it causes." Joseph Goldstein has this very interesting jurisprudence essay online at Slate.
Posted at 11:14 AM by Howard Bashman


Articles of interest recently posted online at SSRN: Professors Ryan J. Owens and Justin Wedeking have posted an article titled "Picking an Unsettled Brain: The Role of Cognitive Complexity in Ideological Drift on the United States Supreme Court" (via "Legal Theory Blog").

Law professor Daniel A. Farber has posted an article titled "Federal Preemption of State Law: The Current State of Play" (via "Legal Theory Blog").

Law professor Christopher Slobogin has posted an article titled "Is the Fourth Amendment Relevant in a Technological Age?" (via "Legal Theory Blog").

And law professor Tung Yin has posted an article titled "Independent Appellate Review of Knowledge of Falsity in Defamation and False Statements Cases" (via "Legal Theory Blog").
Posted at 10:52 AM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court today granted review in a group of three consolidated cases involving the Medicaid Act. The Court also called for the views of the Solicitor General's office on one case.

In early news coverage, The Associated Press has reports headlined "Court rejects appeal over DC gay marriage law"; "High court denies man's gun arrest appeal"; "High court rejects Gitmo detainee appeal"; "Court turns down appeal of child porn conviction"; "Court won't stop class-action suit against Pella"; "Court won't reconsider Sudan lawsuit dismissal"; "Justices remove roadblocks in 2 Texas executions"; and "High court rejects appeal in Arizona execution."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on Medicaid cuts."
Posted at 10:07 AM by Howard Bashman



"Credibility's Power: Appellate Lawyers Should Be Forthright In Addressing Their Cases' Weaknesses." This month's installment of my "Upon Further Review" column appears today in The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

Starting this month, The Legal Intelligencer has scheduled my monthly column to appear on a Tuesday, which is the one day each week that the newspaper is distributed state-wide. Going forward, my column is scheduled to appear on the second Tuesday of each month.
Posted at 09:42 AM by Howard Bashman



"Change of venue likely in Jared Loughner trial; Legal experts say the trial of the Tucson shooting suspect will probably take place outside Arizona because the tragedy has affected so many potential jurors, and judges, in the state": Carol J. Williams has this article today in The Los Angeles Times.

Today in The San Diego Union-Tribune, Greg Moran reports that "Justice Department to fight moving Loughner case; The judge and defense lawyers are from San Diego, but a change of venue isn't certain."

The Arizona Republic reports that "Prosecutors want Arizona shooting case to stay in state; No motion has been filed asking to change venue."

And in The New York Times, Lincoln Caplan has an Editorial Notebook essay entitled "The Insanity Defense, Post-Hinckley."
Posted at 07:45 AM by Howard Bashman



"Court hears appeal from Anna Nicole Smith's estate": Jesse J. Holland of The Associated Press has this report.

At The Hill's "Pundits Blog," Lanny J. Davis & David B. Rivkin Jr. have a post titled "The Anna Nicole Smith Supreme Court case: Uniting liberals and conservatives."

And at "SCOTUSblog," Lyle Denniston has a post titled "Legal soap opera runs on."
Posted at 07:33 AM by Howard Bashman



"Donations influenced Supreme Court decision, doctor says": This article appears today in The Columbus (Ohio) Dispatch.
Posted at 07:28 AM by Howard Bashman


"Traveling man's gun arrest appealed to high court": Jesse J. Holland of The Associated Press has this report.
Posted at 07:26 AM by Howard Bashman


Monday, January 17, 2011

"High Court to Consider State Secrets Doctrine": Jess Bravin will have this article Tuesday in The Wall Street Journal.

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court: Is US unfairly hiding behind state-secrets privilege? Since 1953, the US has been able to derail lawsuits it says could reveal state secrets; The Supreme Court will look at a case Tuesday that questions whether the privilege is being applied properly."

Tuesday's edition of The Washington Post will contain an editorial entitled "Supreme Court can curb abuse of 'state secrets' privilege."

And at "SCOTUSblog," Lyle Denniston has this oral argument preview.
Posted at 10:54 PM by Howard Bashman



"Supreme Court of Canada's winter session kicks off": This article appears in The Lawyers Weekly.
Posted at 10:45 PM by Howard Bashman


"Anger over courtesy titles for supreme court justices; Critics say system discriminates against the husbands and civil partners of justices": The Guardian (UK) has this report.
Posted at 10:44 PM by Howard Bashman


"Santa Clara County's fight to get paid back for drug overcharges reaches U.S. Supreme Court": Howard Mintz has this article today in The San Jose Mercury News.
Posted at 10:42 PM by Howard Bashman


"Supreme Court Chief Justice Charles Canady imposes order to prevent another 'Taj Mahal'": Tuesday's edition of The St. Petersburg Times will contain an article that begins, "There may never be another 'Taj Mahal' courthouse in Florida."
Posted at 10:26 PM by Howard Bashman


"Justice O'Connor to speak at Reef": This article appears today in The Virgin Islands Daily News.
Posted at 10:24 PM by Howard Bashman


"Courts plagued by jump in cases": Last Friday's edition of The San Antonio Express-News contained an article that begins, "A skyrocketing number of immigration and drug cases along the U.S.-Mexico border and delays in nominating and confirming judges to fill vacancies are creating a judicial emergency in Texas and other Southwest states, federal officials say."
Posted at 01:54 PM by Howard Bashman


"Life's a beach for federal judges": This front page article appears today in The Philadelphia Daily News, along with a related article headlined "How the Virgin Islands and Philly ended up in same circuit."
Posted at 12:15 PM by Howard Bashman


Sunday, January 16, 2011

"Test of 'state secrets' shield goes before Supreme Court": Joan Biskupic will have this article Monday in USA Today.
Posted at 10:40 PM by Howard Bashman


"Supreme Court justices are not laughing at you. They're laughing with you." Robert Barnes will have this article Monday in The Washington Post.
Posted at 10:24 PM by Howard Bashman


"Jurist went by to greet, thank his old friend Gabby": This article appears today in The Arizona Daily Star.
Posted at 10:42 AM by Howard Bashman


"Broken-down-door policing: A Kentucky marijuana arrest presents a troubling threat to Americans' right to privacy." The Los Angeles Times contains this editorial today.
Posted at 10:40 AM by Howard Bashman


"Tennessee judges donate to politicians who oppose judicial elections; Political contributions go to those who oppose judicial elections": This article appears today in The Tennessean.
Posted at 10:38 AM by Howard Bashman


"Hobbled Iowa Supreme Court slow to act": Grant Schulte has this article today in The Des Moines Register.
Posted at 10:36 AM by Howard Bashman


"Under the U.S. Supreme Court: Giffords, Palin and the First Amendment." Michael Kirkland of UPI has this report.
Posted at 10:33 AM by Howard Bashman


Saturday, January 15, 2011

"Federal appeals court hears argments on case involving WIAA, Gannett, Wisconsin Newspaper Association": The Appleton Post-Crescent today contains an article that begins, "A federal appeals court Friday heard arguments in a case that could help determine whether newspapers nationwide can show high school sports contests online."

And The Associated Press reports that "Federal judges consider high school sports case."

You can access the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit via this link (8.96MB mp3 audio file).
Posted at 08:15 PM by Howard Bashman



"Presidential nominees stymied; Senate mulls change": The Associated Press has this report.
Posted at 08:04 PM by Howard Bashman


"Thomas Porteous, impeached federal judge, has lost his law license": This article appears today in The Times-Picayune of New Orleans.

And in Monday's edition of The National Law Journal, Alan I. Baron and Michael J. Gerhardt will have an essay entitled "Porteous impeachment: a first; In no prior instance has anyone been impeached, much less convicted, for conduct occurring prior to assuming federal office."
Posted at 07:56 PM by Howard Bashman



"Cady says he has no regrets on same-sex marriage ruling": In today's edition of The Des Moines Register, Grant Schulte has an article that begins, "Iowa Supreme Court Chief Justice Mark Cady said Friday that he does not regret the court's 2009 ruling that allowed same-sex marriage, even though the decision cost three of his colleagues their jobs."
Posted at 07:52 PM by Howard Bashman


"Pa. court upholds Lokuta's removal; Lokuta lawyer says U.S. Supreme Court is an option, but one with little chance for success": Today's edition of The Times Leader of Wilkes-Barre, Pennsylvania contains an article that begins, "The state Supreme Court on Friday upheld former judge Ann Lokuta's removal from the Luzerne County bench, leaving her limited options in her two-year battle to regain the seat."

And The Citizens Voice of Wilkes-Barre today contains an article headlined "Still off the bench."

Yesterday's ruling of the Supreme Court of Pennsylvania consists of a majority opinion, a concurring opinion, and a dissenting opinion.
Posted at 02:54 PM by Howard Bashman



"Lawyers for Bonds Trying to Chip Away at Evidence in Case": Today's edition of The New York Times contains an article that begins, "With Barry Bonds's trial on federal perjury charges nearly two months away, his lawyers are making a renewed effort to exclude more of the government's evidence from the case against him."
Posted at 02:16 PM by Howard Bashman


"Justice Department Files Opening Brief in Defense Of Marriage Act Appeal": Marcia Coyle had this post yesterday at "The BLT: The Blog of Legal Times."

The Washington Post reports today that "Justice Dept. appeals judge's decision on same-sex marriage."

And at Politico.com, Ben Smith has a post titled "Gay groups criticize Justice Department brief."

You can view the brief that the federal government filed Thursday in the U.S. Court of Appeals for the First Circuit at this link.
Posted at 01:02 PM by Howard Bashman



"Roll is laid to rest: 'Papa is in heaven'; Overflow crowd remembers judge, co-worker, friend." This article appears today in the Arizona Daily Star. The newspaper has also posted online this related photo gallery.

The Arizona Republic reports today that "Sea of mourners bids adieu to slain Judge John Roll."

The Los Angeles Times contains an article headlined "Tucson bishop buries a close friend; Judge John Roll, a Catholic who had just left Mass when he was fatally shot last week, was buried Friday; 'A lot of emotion,' says Bishop Gerald F. Kicanas, who performed the service."

And The Washington Post reports that "Family, friends mourn judge killed in Tucson shootings."
Posted at 12:40 PM by Howard Bashman



Friday, January 14, 2011

"Federal judge mourned as fair jurist, family man": The Associated Press has this report.
Posted at 04:00 PM by Howard Bashman


"Funeral of Judge Roll attended by hundreds": The Arizona Daily Star has a news update that begins, "People were turned away from the funeral for Judge John Roll after the church filled to capacity. Traffic backed up for miles along North Shannon Road as people make their way to the funeral of Judge John Roll this morning."
Posted at 02:04 PM by Howard Bashman


"Vt. won't appeal religious vanity plate decision": The Associated Press has this report.

My earlier coverage of the Second Circuit's ruling in this case can be accessed here.
Posted at 01:58 PM by Howard Bashman



"Security tight at funeral for slain Arizona judge": The Associated Press has this report.
Posted at 12:00 PM by Howard Bashman


"Court ruling affirms gun bans on campus; Virginia justices affirmed a ruling against a man who sued George Mason University": This article appears today in The Roanoke Times.

You can access yesterday's ruling of the Supreme Court of Virginia at this link.
Posted at 11:32 AM by Howard Bashman



"Court rules defendant can be forcibly medicated to stand trial": Bill Rankin of The Atlanta Journal-Constitution has this article reporting on a decision that the U.S. Court of Appeals for the Eleventh Circuit issued on Wednesday.
Posted at 11:24 AM by Howard Bashman


"Moment of silence may be back; State superintendent tells schools to prepare for observance": This article appears today in The Chicago Tribune.
Posted at 11:22 AM by Howard Bashman


"Problems of Democracy": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 08:02 AM by Howard Bashman


"One Man's Losing Fight Against Ladies' Nights": This post appears at the "City Room" blog of The New York Times.
Posted at 08:00 AM by Howard Bashman


"Old pics of sister-in-law lead to child porn case": Mark Sherman of The Associated Press has this report.
Posted at 07:56 AM by Howard Bashman


"Court rules against Joe Berlinger on 'Crude'; Pic chronicles class action suit against Chevron": Variety has this report today.

My earlier coverage of yesterday's Second Circuit ruling appears here and here.
Posted at 07:54 AM by Howard Bashman



"Codey calls on N.J. Supreme Court to discipline Justice Rivera-Soto": Today's edition of The Newark Star-Ledger contains an article that begins, "Sen. Richard Codey is calling on the state Supreme Court to begin disciplinary proceedings against Associate Justice Roberto Rivera-Soto in hopes the controversial jurist will be removed from the bench."
Posted at 07:52 AM by Howard Bashman


"High court's four justices get back to hearing cases": Grant Schulte has this article today in The Des Moines Register.
Posted at 07:50 AM by Howard Bashman


Thursday, January 13, 2011

"Arizona's Judge John Roll remembered as a model of fairness; Federal Judge John Roll, killed in the Tucson shootings, got many death threats during an immigration case; But lawyers on both sides say he was fair and professional": David G. Savage will have this article Friday in The Los Angeles Times.

In Friday's edition of The New York Times, John Schwartz will have articles headlined "In Tucson Case, a Federal Judge Both 'General and Traffic Cop'" and "A President, a Speech and a Point of Law."

And in Friday's edition of The Washington Post, columnist Conor Williams will have an op-ed entitled "A message from the judge killed in Tucson."
Posted at 10:23 PM by Howard Bashman



"Environmental Lawyers Praise Slain Ariz. Judge": Lawrence Hurley of Greenwire has this report.
Posted at 05:54 PM by Howard Bashman


"Filmmaker must surrender Chevron footage: court." Reuters has a report that begins, "A U.S. appeals court on Thursday upheld a lower court's order that a filmmaker must hand over to Chevron Corp raw footage from a documentary as part of a legal fight over oil pollution in Ecuador's Amazon rainforest."

My earlier coverage of today's Second Circuit ruling appears at this link.
Posted at 04:38 PM by Howard Bashman



"Judge sets June resentencing date for Conrad Black": The Associated Press has this report.
Posted at 03:50 PM by Howard Bashman


"Backers of lavish courthouse in Tallahassee apologize and dodge": Today's edition of The St. Petersburg Times contains an article that begins, "There were apologies all around Wednesday as members of a Senate budget committee heard from those involved in building the posh courthouse for the 1st District Court of Appeal." The newspaper also contains an editorial entitled "Don't sweep courthouse scandal under the rug." In addition, columnist Howard Troxler has an op-ed entitled "'Taj Mahal' outrage is just for show unless the judges are kicked out." And by clicking here, you can access online 39 photographs that the newspaper describes as offering "A sneak peek at opulent 'Taj Mahal' courthouse."

In other coverage, The Pensacola News Journal reports today that "'Taj Mahal' courthouse has lawmakers fuming."

And The Associated Press reports that "2 judges apologize for Fla. 'Taj Mahal courthouse.'"
Posted at 02:14 PM by Howard Bashman



"D.C. Circuit Appeals Ready to Void Torture Suit": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."

And Pete Yost of The Associated Press reports that "Judges skeptical of detainee case against Rumsfeld."
Posted at 01:50 PM by Howard Bashman



"The appeal involves the application of the qualified evidentiary privilege for information gathered during a journalistic investigation, sometimes described as the 'press privilege' or 'journalist's privilege.'" In an appeal concerning the documentary film Crude about litigation being conducted in the courts of Ecuador over allegations of environmental damage from petroleum exploration and extraction operations conducted by an affiliate of Chevron, today a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued a decision affirming the trial court's order directing the film's creator to turn over videotape footage constituting the outtakes of the film.

Update: In early news coverage, The Associated Press has a report headlined "NY court: Filmmaker gave up journalistic freedom."
Posted at 11:09 AM by Howard Bashman



"Vermont cemetery dispute reaches high court": This article appears today in The Burlington Free Press.
Posted at 08:00 AM by Howard Bashman


"Cady says judges serve law, not political interests": Grant Schulte has this article today in The Des Moines Register.

The newspaper also contains articles headlined "Bid to impeach remaining high court justices seen stalling in House" and "Vander Plaats kicks off his 99-county tour"; an editorial entitled "Cady delivers a timely defense of court"; and an essay by columnist Cathie Obradovich entitled "Justices must humanize their argument."
Posted at 07:58 AM by Howard Bashman



"N.J. Supreme Court Justice Rivera-Soto tempers stance on abstention": This article appears today in The Newark Star-Ledger. The newspaper also contains an editorial entitled "Rivera-Soto's bizarre reversal."

The Philadelphia Inquirer reports today that "Rivera-Soto modifies pledge to abstain on New Jersey Supreme Court."

And The Courier-Post of Cherry Hill, New Jersey reports that "Rivera-Soto changes mind about case participation."
Posted at 07:54 AM by Howard Bashman



"Hearing set for Black as he bids to remain free": The Associated Press has a report that begins, "Will former media mogul Conrad Black eventually head back to prison? Or will the flamboyant, 66-year-old's long-running legal saga end with a judge setting him free for good?"
Posted at 07:50 AM by Howard Bashman


"Judge donates Supreme Court collection to IU": This article appears today in The Indiana Daily Student.
Posted at 07:46 AM by Howard Bashman


"San Diego judge picked to handle Loughner case": Greg Moran has this article today in The San Diego Union-Tribune.

The Arizona Daily Star reports today that "Calif. judge will handle Loughner's federal case."

The Arizona Republic reports that "Judge named for Loughner case; slain judge replaced."

Carol J. Williams of The Los Angeles Times reports that "San Diego federal judge to handle Tucson trial; Judge Larry A. Burns will handle the federal trial of Jared Lee Loughner after Arizona federal judges all recuse themselves because of ties to Judge John Roll, who was killed in the attack."

And Bloomberg News reports that "Loughner Arizona Shooting Case to Be Handled by U.S. Judge From San Diego."
Posted at 07:42 AM by Howard Bashman



Wednesday, January 12, 2011

"Justices Look Again at How Police May Search Homes": Adam Liptak will have this article Thursday in The New York Times.

Robert Barnes of The Washington Post has a news update headlined "Court reviews when police may enter someone's home without warrant."

In Thursday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Supreme Court appears set to give police more leeway in searches; Conservative justices appear to agree police should be allowed to enter a suspect's residence without a warrant if they suspect evidence is being destroyed."

Joan Biskupic of USA Today has a news update headlined "Supreme Court hears case on home searches by police."

And online at Slate, Dahlia Lithwick has a Supreme Court dispatch entitled "Crime and Blandishments: What happens when Supreme Court justices try to think like criminal suspects."
Posted at 10:45 PM by Howard Bashman



"Rivera-Soto calls off plan to abstain from N.J. Supreme Court cases involving temporary justice": The Newark Star-Ledger has this news update.

And WSJ.com's "Metropolis" blog has a post titled "A New Twist in N.J. Supreme Court Saga."
Posted at 10:40 PM by Howard Bashman



"How Will Loughner's Gunshots Echo in the Supreme Court's Quiet Halls?" Garrett Epps has this blog post online at The Atlantic.
Posted at 10:33 PM by Howard Bashman


"Chief Justice warns Iowa lawmakers about threat to checks and balances": Grant Schulte of The Des Moines Register has this blog post.
Posted at 10:30 PM by Howard Bashman


"Supreme Court again is asked to drop 'In God We Trust'": Michael Doyle of McClatchy Newspapers has an article that begins, "California attorney and dedicated atheist Michael Newdow is making another run at 'In God We Trust,' with a new Supreme Court petition challenging the national motto."
Posted at 10:18 PM by Howard Bashman


"California judge to hear Ariz. mass shooting case": The Associated Press has this report.

According to the article, U.S. District Judge Larry Alan Burns of the Southern District of California has been assigned to the case.
Posted at 06:14 PM by Howard Bashman



"Federal judges in Arizona recused in mass shooting": The Associated Press has this report.
Posted at 04:15 PM by Howard Bashman


"Appeals court to hear arguments in Yucca Mountain lawsuit": This article appears today in The Las Vegas Review-Journal.
Posted at 01:55 PM by Howard Bashman


"Judy Clarke: Jared Loughner's 'Amazing' Attorney." At Politics Daily, Andrew Cohen has a post that begins, "Judy Clarke is the Forrest Gump of criminal defense attorneys. Otherwise unassuming, even shy, she seems to turn up, front and center, for many of the cases we'll never forget."
Posted at 10:42 AM by Howard Bashman


"Legal Strategy Could Hinge on Mental Assessment": This article appears today in The New York Times.

And online at Slate, Dahlia Lithwick has a jurisprudence essay entitled "The Insanity Defense: If the Arizona gunman is too insane to be influenced by anyone, he's too insane to be executed."
Posted at 10:25 AM by Howard Bashman



"Appeals court rules against wilderness groups in road fight": Today's edition of The Salt Lake Tribune contains this article reporting on an en banc ruling that the U.S. Court of Appeals for the Tenth Circuit issued yesterday.
Posted at 08:10 AM by Howard Bashman


"Court denies media access to gruesome prison video": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued yesterday.
Posted at 08:04 AM by Howard Bashman


"Case of the wrong door opens at Supreme Court": Mark Sherman of The Associated Press has this report.
Posted at 08:02 AM by Howard Bashman


"Court Rules on Debtors and Doctors in Training": Adam Liptak has this article today in The New York Times.

In today's edition of The Washington Post, Robert Barnes reports that "Kagan delivers her first judicial opinion, in bankruptcy case."

And David G. Savage of The Los Angeles Times has an article headlined "Elena Kagan's first Supreme Court opinion not a dramatic one; New Supreme Court justices rarely are given important cases in their first term, and Elena Kagan's initial effort, in a bankruptcy dispute, proved to be no exception."
Posted at 08:00 AM by Howard Bashman



"61 apply for seat on Iowa Supreme Court": Today's edition of The Des Moines Register contains an article that begins, "Sixty-one people -- including two who have spoken publicly about gay marriage -- have applied to replace the three Iowa Supreme Court justices who were voted off the bench in November."

And today's edition of The New York Times contains an editorial entitled "Impeachment as Intimidation."
Posted at 07:54 AM by Howard Bashman



Tuesday, January 11, 2011

"Court Hears Latest in Twins' Case Against Facebook": This article will appear Wednesday in The Wall Street Journal. You can freely access the full text of the article via Google News.

And the "Bits" blog of The New York Times has a post titled "Judges Grill Winklevoss Lawyer in Facebook Case."

You can access the video of today's Ninth Circuit oral argument by clicking here.
Posted at 10:14 PM by Howard Bashman



"Governments, lawyers OKd to share suit proceeds": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The U.S. Supreme Court on Monday allowed San Francisco and other cities and counties to hire private lawyers, and offer them a share of the proceeds, when suing companies for the huge costs of cleaning up lead paint."
Posted at 05:46 PM by Howard Bashman


"The Constitutional Option: Reforming the Rules of the Senate to Restore Accountability and Reduce Gridlock." U.S. Senator Tom Udall (D-NM) has this essay online at the web site of the Harvard Law & Policy Review.
Posted at 04:44 PM by Howard Bashman


The en banc Superior Court of Pennsylvania has ruled today that federal law does not serve as an outright bar to any design defect claim arising from injuries caused by an FDA-approved vaccine: You can access today's lengthy ruling of Pennsylvania's intermediate appellate court at this link.

The Supreme Court of the United States is currently considering this same question in Bruesewitz v. Wyeth, Inc., No. 09-152. You can access the oral argument audio and transcript in Bruesewitz by clicking here.
Posted at 04:15 PM by Howard Bashman



"Facebook feud: Judges reluctant to reopen Winklevoss twins' settlement." Howard Mintz of The San Jose Mercury News has this update.

Dan Levine of Reuters reports that "Facebook-Winklevoss twins case goes to court."

And Bloomberg News reports that "Facebook-Winklevoss Settlement Should Be Undone, Lawyer Says."

When the U.S. Court of Appeals for the Ninth Circuit posts online the audio of today's oral argument, I will link to it.
Posted at 03:45 PM by Howard Bashman



"US appeals court weighs Philly tour guide tests": The Associated Press has this report.
Posted at 02:16 PM by Howard Bashman


"2 new cases ask what First Amendment protects": Tony Mauro has this news analysis online at the First Amendment Center.
Posted at 01:26 PM by Howard Bashman


"FDA helps states get execution drug": The Associated Press has this report.
Posted at 01:15 PM by Howard Bashman


"Defendant with no language proves difficult to prosecute": This front page article appears today in The Philadelphia Inquirer.
Posted at 11:27 AM by Howard Bashman


"The Commandments: The Constitution and its worshippers." Jill Lepore has this essay in the January 17, 2011 issue of The New Yorker.
Posted at 11:18 AM by Howard Bashman


"Supreme Court sends Oneidas foreclosure case back to lower court": This article appears today in The Utica (N.Y.) Observer-Dispatch.

And The Auburn (N.Y.) Citizen reports that "Supreme court dismisses Oneida case; Cayugas' case continues."
Posted at 10:42 AM by Howard Bashman



"Cal. Supreme Court: The Short List." Nate Scott has this post at the blog "Southern California Appellate News."
Posted at 10:32 AM by Howard Bashman


Today's rulings of the U.S. Supreme Court in argued cases: Today's first ruling issued in Ransom v. FIA Card Services, N.A., No. 09-907. Justice Elena Kagan delivered the opinion of the Court, Justice Antonin Scalia was the lone dissenter. You can access the oral argument via this link.

Today's second and final ruling issued in Mayo Foundation for Medical Ed. and Research v. United States, No. 09-837. Chief Justice John G. Roberts, Jr. delivered the opinion for a unanimous Court, with Justice Kagan recused. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Court: Medical residents considered employees" and "Kagan writes her first opinion."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court: Medical residents not students."
Posted at 10:05 AM by Howard Bashman



"Snyder names Zahra to Michigan Supreme Court": The Detroit News contains this article today.

And The Detroit Free Press reports today that "Snyder names Brian Zahra to state Supreme Court."
Posted at 10:00 AM by Howard Bashman



"Loughner's Lawyer Is Called a Master Strategist": This article appears today in The New York Times.

The San Diego Union-Tribune contains an article headlined "S.D. attorney focuses on clients, not notoriety of cases; Judy Clark, appointed Monday to represent Jared Loughner, might be the most low-profile high-profile attorney in the country."

USA Today reports that "Loughner's lawyer is 'One-Woman Dream Team.'"

And The Arizona Republic contains an article headlined "Arizona shootings: Bill would provide 'funeral protection zone'" that begins, "Democrats in the Arizona Legislature say they will introduce a bill Tuesday to create a 'funeral protection zone' to keep protesters from disrupting the funerals of those killed in the mass shooting near Tucson."
Posted at 08:05 AM by Howard Bashman



"Judges Berate Bank Lawyers in Foreclosures": John Schwartz has this article today in The New York Times.
Posted at 08:00 AM by Howard Bashman


"Facebook Seeks Finality in 'Social Network' Court Fight With Harvard Twins": Bloomberg News has a report that begins, "Facebook Inc. will ask a court today to enforce a settlement which resolved claims that its founder Mark Zuckerberg stole the idea for the social-networking company from classmates at Harvard University."

The New York Times recently reported that "Twins' Facebook Fight Rages On."

And WSJ.com's "Digits" blog has a post titled "The Return of Winklevoss Vs. Zuckerberg."

The case captioned The Facebook, Inc. v. ConnectU, Inc. will be argued today before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit consisting of Chief Judge Alex Kozinski, Circuit Judge Barry G. Silverman, and Senior Circuit Judge J. Clifford Wallace.
Posted at 07:54 AM by Howard Bashman



Monday, January 10, 2011

"Supreme Court declines to rein in Congress' regulatory powers; The justices reject a constitutional challenge to a law that makes it a federal crime for a felon to have body armor or a bulletproof vest; The case involves the same point of law that is at the heart of pending legal battles over the healthcare law": David G. Savage of The Los Angeles Times has this news update.

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court: Did it just hint at stance on a health-care law challenge? The Supreme Court refused to take up a case examining Congress's authority under the commerce clause, a key issue in a legal challenge to Obama's health-care law; Two justices dissented."

And Greg Stohr of Bloomberg News reports that "Body Armor Limits Left Undisturbed by U.S. High Court."
Posted at 10:18 PM by Howard Bashman



"A Place on the Sex-Offender Registry for a Crime That May Be Off the Books": Tuesday's edition of The New York Times will contain this new installment of Adam Liptak's "Sidebar" column.
Posted at 10:08 PM by Howard Bashman


"Arizona Supreme Court: Student's cursing isn't a crime." Howard Fischer of The East Valley Tribune has this news update reporting on a ruling that the Supreme Court of Arizona issued today.
Posted at 10:06 PM by Howard Bashman


"Justices Take Up Zicam Case, Questioning Maker on Disclosures to Investors": Adam Liptak will have this article Tuesday in The New York Times.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court debates what complaints companies must disclose to stockholders."

The Arizona Republic has a news update headlined "Matrixx contests credibility of product complaints."

Greg Stohr of Bloomberg News reports that "Drugs, Satan Debated as Justices Mull Investor Suits."

And Reuters reports that "Top court hears case on drugmaker disclosures."
Posted at 10:02 PM by Howard Bashman



"Arizona shootings unlikely to change federal gun laws": Michael Doyle of McClatchy Newspapers has this report.
Posted at 09:00 PM by Howard Bashman


"Feds respond to Fumo attorneys' filing": The Philadelphia Daily News has this update.
Posted at 08:42 PM by Howard Bashman


"Does Dissent in Body-Armor Case Bode Ill For Health-Care Law?" Jess Bravin has this post at WSJ.com's "Law Blog."
Posted at 05:54 PM by Howard Bashman


"Loughner prosecutor has famous legal, political roots": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.
Posted at 05:44 PM by Howard Bashman


The next time the federal government offers you a money-back guarantee in exchange for paying a fee for expedited governmental service, you may wish to remember this Federal Circuit ruling issued today: A divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued this ruling today.

According to the dissenting opinion, "My colleagues on this panel offer an elaborate analysis of regulatory and contractual abstraction, but no authority ratifies the procedure of a government offer of a fee-based service, where the fee is paid and accepted, the service is refused, and refund is denied despite the explicit promise of a refund in the offer."
Posted at 05:38 PM by Howard Bashman



"Suspect in Giffords shooting smirks in court appearance": The Arizona Republic has this news update.

The New York Times has a news update headlined "Suspect in Ariz. Shooting Faces Charges in Federal Court."

And The Associated Press has reports headlined "Suspect in Arizona shooting held without bail" and "Insanity defense difficult for shooting suspect."
Posted at 05:02 PM by Howard Bashman



"Why Twombly is Good Law (But Poorly Drafted) and Iqbal Will Be Overturned": Law professor Luke Meier has posted this article online at SSRN (via "Legal Theory Blog").
Posted at 02:18 PM by Howard Bashman


"Moment of Silence at the Supreme Court": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 02:12 PM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. Following last Friday's grants of review in seven cases, the Court today did not grant review in any new cases.

The Court today issued a per curiam opinion in Madison County v. Oneida Indian Nation of N.Y., No. 10-72.

And Justice Clarence Thomas issued a dissent from the denial of certiorari in Alderman v. United States, No. 09-1555. Justice Antonin Scalia joined in the dissent except as to a footnote.

In early news coverage, The Associated Press reports that "High court lets divided jury convictions stand"; "Court refuses to overturn bulletproof vest law"; "High court dismisses Oneida foreclosure case"; "High court turns away appeal from 'birther' leader"; "Court will not overturn $5 million slander award"; and "Court rejects case of US baby sent to Mexico."

And at "SCOTUSblog," Lyle Denniston has a post titled "Dissent on Commerce power: Two Justices file an important dissent on the scope of Congress's power under the Constitution's Commerce Clause -- an issue that is newly energized in the national debate over the new health reform law."
Posted at 09:59 AM by Howard Bashman



"Member of local legal family in line for high-profile appointment": Today in The News Journal of Wilmington, Delaware, columnist Harry Themal has an essay that begins, "Delawareans know the name Seitz because Collins J. was one of Delaware's greatest judges and his son, C.J. Jr., is a highly regarded attorney who is one of three candidates for a U.S. District Court judgeship. There's another Seitz on that distinguished legal list, Virginia A. Seitz, whom President Obama is expected to nominate to the Office of Legal Counsel in the Justice Department."
Posted at 07:58 AM by Howard Bashman


"Gabrielle Giffords shooting: Jared Loughner may get a renowned public defender." This article appears today in The Arizona Republic.

And The Associated Press reports that "Ariz. rampage suspect may seek Unabomber lawyer."
Posted at 07:38 AM by Howard Bashman



Sunday, January 9, 2011

"Judge Who Did Not Shy From Controversy": In Monday's edition of The New York Times, John Schwartz will have an article that begins, "John M. Roll, the chief federal judge in Arizona, who died from gunshot wounds in Saturday's attack on Representative Gabrielle Giffords, never shied away from controversial decisions."

Tomorrow's newspaper will also contain an article headlined "A Single, Terrifying Moment: Shots Fired, a Scuffle and Some Luck."
Posted at 10:42 PM by Howard Bashman



"Supreme Court to hear Zicam case; Matrixx fights efforts to force expanded disclosures to investors on drug effects": This article will appear Monday in The Arizona Republic.
Posted at 10:35 PM by Howard Bashman


"Louisville strip bars say no-nudity law could shut them down": The Louisville Courier-Journal today contains an article that begins, "Operators of adult businesses in Louisville are pinning their last hope on an appeal to the U.S. Supreme Court in a seven-year battle with the city over a no-nudity ordinance they say would effectively shut them down."
Posted at 10:34 PM by Howard Bashman


"Prop. 8 legal battle has implications for all ballot measures": Greg Moran will have this article in Monday's edition of The San Diego Union-Tribune.
Posted at 10:30 PM by Howard Bashman


"Johnson opposes White House judge nominations": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "Newly elected GOP Sen. Ron Johnson said Friday he should have been consulted before the White House resubmitted the nominations of Louis Butler and Victoria Nourse for federal judgeships and is at this time opposed to their confirmation."
Posted at 10:28 PM by Howard Bashman


"U.S. Backs Drug Firms in Lawsuit Over Prices": This article will appear Monday in The New York Times.
Posted at 10:26 PM by Howard Bashman


"Supreme Court takes dim view of suing prosecutors; The high court often rules that prosecutors, like judges and grand jurors, are part of the judicial process and must be protected from harassment that could deflect them from doing their duty": David G. Savage will have this article Monday in The Los Angeles Times.
Posted at 10:24 PM by Howard Bashman


"Under the U.S. Supreme Court: 'Don't ask, don't tell' just keeps rolling along." Michael Kirkland of UPI has this report.
Posted at 10:15 PM by Howard Bashman


"Supreme Court Alters Schedule for Monday Moment of Silence": Tony Mauro has this post at "The BLT: The Blog of Legal Times."

At "SCOTUSblog," Lyle Denniston has a post titled "Court to join in tribute; The Court will begin its public session Monday early in order for the first argument to be concluded by 11 a.m. so that the Court can join in the national moment of silence for the victims of the Arizona shootings."

And Monday's edition of The Wall Street Journal will contain an article headlined "Family, Colleagues Grieve for Judge."
Posted at 10:08 PM by Howard Bashman



"Slain Judge Roll Rose From Bailiff to Chief of Federal Bench in Arizona": Bloomberg News has this report.

At his "Under the Radar" blog at Politico.com, Josh Gerstein has a post titled "Judge's final actions key to federal charge for his murder."

CBS News has a report headlined "Shooting Victims in Wrong Place at Wrong Time; A Janitor, A Judge, and An Aide Were Victims in Saturday's Shooting in Tucson, Ariz, Targeting Rep. Gabrielle Giffords."

And Monday's edition of The Wall Street Journal will contain an article headlined "Sorrow Racks Tucson After Killings."
Posted at 08:30 PM by Howard Bashman



"5 federal charges filed against Loughner in Giffords shootings": The Arizona Daily Star has this news update.

The Arizona Republic has a news update headlined "Murder charges filed against suspect in Arizona shooting of Congresswoman Gabrielle Giffords." The newspaper has posted a copy of the federal criminal complaint and associated statement of probable cause at this link.

The New York Times has a news update headlined "U.S. Cites Evidence of Assassination Plot." The newspaper has also posted a media advisory from the Arizona U.S. Attorney's Office titled "Federal Complaint Filed Against Jared Lee Loughner."

In related coverage, The Philadelphia Inquirer has a news update headlined "Dallas Green's granddaughter killed in Arizona."

Mike Lupica of The New York Daily News has an update headlined "Christina Taylor Green's grandfather, ex-Mets & Yankees manager Dallas Green, devastated by death."

And The Arizona Daily Star today contains an obituary for Christina-Taylor Green headlined "Born, died between 2 tragedies; With a birthday on 9/11, she was patriotic, interested in politics."
Posted at 04:57 PM by Howard Bashman



"Judge Roll, girl, 3 retirees, aide slain in attack on congresswoman": This article appears today in The Arizona Daily Star.

Today's edition of The Arizona Republic contains an article headlined "Judge John Roll respected among peers; Roll lauded as a law scholar with strong standards."

And Carol J. Williams of The Los Angeles Times has an article headlined "Federal judge, a bystander, among the dead; U.S. District Judge John Roll had stopped by to say hello to Rep. Gabrielle Giffords, a friend; Then a gunman opened fire. Roll had received death threats in the past over disputes involving illegal immigration."
Posted at 10:16 AM by Howard Bashman



"If Scalia Had His Way": Law professor Jeffrey Rosen has this essay today in the Week in Review section of The New York Times.
Posted at 09:55 AM by Howard Bashman


"Is Law School a Losing Game?" This lengthy article appears today in The New York Times.
Posted at 09:52 AM by Howard Bashman


Saturday, January 8, 2011

"Amid Shock, Recalling Judge's Life of Service": John Schwartz will have this article Sunday in The New York Times.

Jerry Markon of The Washington Post has a news update headlined "Slain judge was target of threats in '09; officials doubt link to Giffords shooting."

The Wall Street Journal has news updates headlined "Judge Remembered as Fair-Minded" and "Judge Killed in Tucson Attended Event to Thank Giffords."

CBS affiliate KPHO of Phoenix reports that "Ninth Circuit Mourns Death Of Ariz. District Judge."

And The Associated Press reports that "Arizona's chief fed judge among shooting victims."
Posted at 10:24 PM by Howard Bashman



"U.S. District Judge John Roll faced death threats in 2009": The Arizona Republic has this news update.

Jerry Markon of The Washington Post has a blog entry titled "Slain federal judge John Roll was at the center of Arizona's immigration debate."

The Associated Press has a report headlined "Roberts: Judiciary has suffered a terrible loss." You can access the statement of the Chief Justice at this link.

Politico.com has reports headlined "Judge killed presided over controversial immigration case" and "Holder vows to act on judge's death."

The Detroit News has an update headlined "Chief U.S. judge in Detroit praises Judge Roll, killed at Ariz. event."

And TPMMuckraker has a report headlined "Marshals: We're Taking 'Appropriate Actions' Following Murder Of Federal Judge John Roll."
Posted at 07:30 PM by Howard Bashman



"Rep. Giffords, 6 others shot at Tucson event; Federal judge, child among victims": The Arizona Daily Star has this news update.

The Arizona Republic has a news update headlined "Arizona Congresswoman Giffords shot; doctors 'optimistic' about recovery chances; 6 killed, 18 wounded."

The Washington Post has a news update headlined "Hospital: Ariz. Rep. Gabrielle Giffords expected to recover after Tucson shooting that killed six including a 9-year-old and a federal judge."

The New York Times has a news update headlined "Congresswoman Giffords Shot in Tucson."

And The Associated Press reports that "Federal judge among victims in Arizona shooting."

The federal judge identified as among the casualties is Chief Judge John M. Roll of the U.S. District Court for the District of Arizona.
Posted at 04:45 PM by Howard Bashman



Friday, January 7, 2011

"Iowa Dems will shut down House to stop judicial impeachment": The Sioux City Journal has a news update that begins, "Democrats will use 'any means possible' to shut down the Iowa House if an attempt is made to impeach Supreme Court Justices."
Posted at 08:56 PM by Howard Bashman


"Anchors Aweigh: If conservatives want to deny 'anchor babies' U.S. citizenship, they'll have to change the Constitution." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 08:42 PM by Howard Bashman


"Obama strongly backs US trials for terror suspects": The Associated Press has this report.

You can access the full text of President Obama's statement at this link.
Posted at 06:20 PM by Howard Bashman



"Trump's lawsuit over Pa. casino license thrown out": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 05:37 PM by Howard Bashman


"High Court Takes Up Interstate River Battle": Lawrence Hurley of Greenwire has this report.
Posted at 05:32 PM by Howard Bashman


Access online this afternoon's Order List of the U.S. Supreme Court: You can access the Order List at this link.

In early news coverage, The Associated Press has reports headlined "Supreme Court fight over prescription drug data"; "High court to review class action vs. Halliburton"; and "Court to clarify how plea bargaining should work."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court grants seven cases."
Posted at 03:50 PM by Howard Bashman



"Travis County gay divorce stands under appellate ruling": The "Austin Legal" blog of The Austin American-Statesman has a post that begins, "An appellate court ruled today that Texas Attorney General Greg Abbott may not intervene in a Travis County same-sex divorce case, a finding that lets stand for now the divorce of two women who were married out of state but does not affect Texas' ban on gay marriage."

You can access today's ruling of the Third Court of Appeals of Texas at this link.
Posted at 02:03 PM by Howard Bashman



"Carlos Moreno's resignation from California Supreme Court creates opportunity for Jerry Brown; Carlos Moreno's decision to resign paves the way for the new governor to put his stamp on the high court; His selection of a successor to the panel's only Latino and Democrat will be closely watched": Maura Dolan has this front page article today in The Los Angeles Times.
Posted at 01:55 PM by Howard Bashman


"SJC ruling may void thousands of foreclosures": The Boston Globe has this news update.

The Associated Press reports that "Court rules against banks in pivotal mortgage case."

Reuters reports that "Top Mass. court rules against foreclosing banks."

And Bloomberg News reports that "Banks Lose Pivotal Massachusetts Foreclosure Case."

You can access today's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 01:50 PM by Howard Bashman



"Britain vows to change 'embarrassing' libel law": The Associated Press has this report.
Posted at 10:40 AM by Howard Bashman


For purposes of determining venue, is the federal criminal offense of willful failure to "immediately notify" the Coast Guard of a "hazardous condition" aboard a vessel a continuing offense? The majority on a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit answers yes in a ruling issued today.

Chief Judge Alice M. Batchelder disagreed with that result and set forth her views in a rather persuasive dissent.
Posted at 10:27 AM by Howard Bashman



"Judge Nominations Refiled As Vacancies Affect Courts": Today's broadcast of NPR's "Morning Edition" contained this audio segment.
Posted at 10:22 AM by Howard Bashman


"Court voids porn convictions; State justices say that merely looking at child images on a computer is not illegal if they aren't saved": This article appears today in The Register-Guard of Eugene, Oregon.

My earlier coverage of yesterday's rulings (here and here) of the Supreme Court of Oregon can be accessed at this link.
Posted at 08:11 AM by Howard Bashman



"Courts make conflicting calls on whether police need warrant to search cellphone": The Dallas Morning News contains this article today.
Posted at 08:07 AM by Howard Bashman


"High court hears home school case; Ruling resulted in public education": This article appears today in The Concord (N.H.) Monitor.

And The Christian Science Monitor has an article headlined "N.H. case: Can a divorced parent veto home schooling? The New Hampshire Supreme Court heard arguments Thursday in the case of a father who objected to his ex-wife's choice of home schooling for their child; The case deals partly with religious views."
Posted at 08:06 AM by Howard Bashman



"Gov. Brown gets chance to name high court justice": The Associated Press has this report.
Posted at 08:02 AM by Howard Bashman


"Attempt fails to block governor from making high court pick; The state Supreme Court denies a request to block the governor from filling a vacancy on the high court before he leaves office Monday": This article appears today in The Oklahoman.
Posted at 08:00 AM by Howard Bashman


"Snyder: Supreme Court pick will be 'rule of law justice.'" Dawson Bell has this article today in The Detroit Free Press.
Posted at 07:58 AM by Howard Bashman


"Case made for changes in justice selection": Grant Schulte has this article today in The Des Moines Register.
Posted at 07:56 AM by Howard Bashman


Thursday, January 6, 2011

"Scalia comments show need for new rights amendment, backers say": CNN.com has this report.

And Bloomberg News columnist Ann Woolner has an essay entitled "Women Aren't People Under Scalia's Constitution."
Posted at 10:54 PM by Howard Bashman



"State high court losing lone Democratic appointee": Bob Egelko of The San Francisco Chronicle has this news update.

Howard Mintz of The San Jose Mercury News has an update headlined "State Supreme Court Justice Carlos Moreno to step down."

And Maura Dolan of The Los Angeles Times has a blog post titled "Justice Carlos R. Moreno announces retirement from California Supreme Court."
Posted at 10:48 PM by Howard Bashman



"Snyder names Corrigan to lead Department of Human Services": The Detroit Free Press has this news update.

The Detroit News has an update headlined "Snyder names Corrigan to Cabinet."

And Booth Newspapers report that "Gov. Rick Snyder taps Justice Maura Corrigan to run key department."
Posted at 10:46 PM by Howard Bashman



"Crossing the line: The line drawn by an appeals court in opposition to the Mt. Soledad cross is an obvious one; We hope the Supreme Court will agree." This editorial will appear Friday in The Los Angeles Times.
Posted at 10:40 PM by Howard Bashman


"Attorneys spar in hearing over Iowa Supreme Court selection process": Grant Schulte of The Des Moines Register has this blog post.

And in Friday's edition of The Washington Post, Bert Brandenburg will have an op-ed entitled "End the impeachment war on judges."
Posted at 10:36 PM by Howard Bashman



"Oregon Supreme Court rules that simply viewing child pornography on the Internet isn't illegal": The Oregonian has this news update reporting on two rulings (access here and here) that the Supreme Court of Oregon issued today.
Posted at 10:34 PM by Howard Bashman


"Return of the Nuclear Option: The Senate may finally curb the filibuster; Hallelujah." Timothy Noah has this essay online at Slate.
Posted at 10:09 PM by Howard Bashman


One more rational basis for Alabama's ban on the sale of sex toys: The Waseca County (Minn.) News today contains an article headlined "Man charged with two felonies for making homemade explosive device" that begins, "A Waseca man has been charged with felony creation and possession of an explosive or incendiary device and felony terroristic threats after authorities discovered a homemade explosive device hidden in a sex toy."
Posted at 03:55 PM by Howard Bashman


"How To End the Filibuster Forever: The Senate can kill the rule any time! And with only 51 votes." Akhil Reed Amar and Gary Hart have this jurisprudence essay online at Slate.
Posted at 03:50 PM by Howard Bashman


Law professor Laurence H. Tribe argued a First Amendment free speech case before the Supreme Judicial Court of Massachusetts today: You can access the archived video of the oral argument via this link. And the appellate briefs filed in the case can be accessed via this link (scroll down).

In today's edition of The Wall Street Journal, John Berlau has a related op-ed entitled "Financial Info: Banned in Boston; The Bay State trots out a paternalistic rationale for its latest infringement on free speech." You can freely access the full text of the op-ed via Google News.

And in June 2008, Fortune magazine published a related article headlined "The man who beat the SEC: Phil Goldstein quit being an engineer for the City of New York and taught himself the art of closed-end funding investing; Since then he has made a small fortune and battled the SEC, but now the state of Massachusetts wants to quiet him down."
Posted at 03:42 PM by Howard Bashman



"President Renews Nomination of Goodwin Liu to Ninth Circuit": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 01:07 PM by Howard Bashman


"New Wash. Supreme Court justice takes seat Friday": The Associated Press has a report that begins, "Charlie Wiggins has been known to spend his free time searching the Bible for references to 'justice' and re-enacting the state Constitutional Convention in costume. Needless to say, he considers his new seat on Washington's Supreme Court a dream job."
Posted at 11:02 AM by Howard Bashman


"UHP can keep crosses in place -- for now": Today's edition of The Salt Lake Tribune contains an article that begins, "A federal appeals court in Denver has stayed an order demanding the Utah Highway Patrol Association remove crosses placed along the state's highways to commemorate troopers killed in the line of duty."

And The Associated Press reports that "Court blocks removal of Utah highway crosses."

My most recent earlier coverage of the case appears at this link.
Posted at 10:35 AM by Howard Bashman



"Cross-sex strip searches ruled unconstitutional": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A female jail guard's strip search of a male inmate was a 'humiliating event' that violated his rights, a divided federal appeals court in San Francisco ruled Wednesday. Such searches of a prisoner by a guard of the opposite sex are unconstitutional except in an emergency, the Ninth U.S. Circuit Court of Appeals said in a 6-5 decision."

You can access yesterday's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

My earlier coverage of the original three-judge panel's ruling in the case can be accessed here.
Posted at 08:40 AM by Howard Bashman



"Let Scalia speak: Some say his address before members of Congress will create the impression of a conservative alliance; That's far-fetched." The Los Angeles Times contains this editorial today.
Posted at 08:32 AM by Howard Bashman


"Several states want court ruling on birthright citizenship": This article appears today in The Washington Post.

The New York Times reports today that "State Lawmakers Outline Plans to End Birthright Citizenship, Drawing Outcry."

And The Arizona Republic contains an article headlined "Arizona's birthright citizenship bill in D.C. spotlight."
Posted at 08:30 AM by Howard Bashman



"Obama Tries Again on Judicial Nominees": Evan Perez has this article today in The Wall Street Journal.

The Associated Press reports that "Obama resubmits judicial nominations to Senate."

Today in The San Francisco Chronicle, Bob Egelko reports that "Obama renews push for Bay Area judgeships."

Josh Richman of The Oakland Tribune reports that "Obama renominates UC Berkeley professor to 9th U.S. Circuit Court of Appeals."

Howard Mintz of The San Jose Mercury News reports that "Obama renominates San Jose judge, two others from Bay Area to federal bench."

The Milwaukee Journal Sentinel reports that "Obama again nominates Butler to federal bench; Ex-justice's bid has twice failed in Senate."

And The Providence (R.I.) Journal reports that "McConnell renominated for U.S. District Court vacancy."
Posted at 08:12 AM by Howard Bashman



Wednesday, January 5, 2011

"Same-sex marriage case: Maybe the Supreme Court won't answer the Ninth Circuit's question or it will do so summarily." David Ettinger has this post at the blog "At the Lectern."
Posted at 10:42 PM by Howard Bashman


"Is the Supreme Court a 'Majoritarian' Institution?" Law professor Richard H. Pildes has posted this article online at SSRN (via "Legal Theory Blog").
Posted at 10:20 PM by Howard Bashman


"Appeals court reverses Tulsa man's child-porn conviction": The Tulsa World has a news update that begins, "A federal appeals court on Wednesday reversed the conviction of a Tulsa man who had been sentenced in 2009 to 11 years in prison after being found guilty of knowingly receiving child pornography. A three-judge panel of the 10th U.S. Circuit Court of Appeals ruled in a 2-1 decision that the prosecution did not offer sufficient evidence to prove that Terry Brian Dobbs knowingly received the images that formed the basis of his conviction."

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 10:16 PM by Howard Bashman



"Judge Robert Chatigny Drops Off Obama's List Of Nominees For 2nd Circuit Court Of Appeals": The Hartford Courant has this news update.

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Obama Suffers First Defeat on Judge Picks."
Posted at 09:58 PM by Howard Bashman



"Appeals court OKs Narragansett orange-sticker policy": The Providence (R.I.) Journal has a blog post that begins, "A federal appeals court Wednesday ruled constitutional the Town of Narragansett's controversial policy of plastering orange stickers on the front doors of so-called party houses."

And The Narragansett Patch has a news update headlined "Federal Court Finds in Favor of Town's Sticker Policy; The court denies all aspects of the URI Student Senate's appeal."

You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 09:06 PM by Howard Bashman



"Sidley Austin's Seitz Is Picked for DOJ Post": David Ingram has this post at "The BLT: The Blog of Legal Times."

You can access the official White House announcement at this link.
Posted at 05:34 PM by Howard Bashman



"Obama Renominates More Than 40 Judicial Candidates": Sam Stein has this entry at "The Huffington Post."
Posted at 05:14 PM by Howard Bashman


"N.J. Supreme Court weighs constitutionality of Christie's education cuts": The Newark Star-Ledger has this news update.

Bloomberg News reports that "N.J. Supreme Court Weighs School Cuts Amid Impasse."

And The Associated Press reports that "NJ top court has tough questions on school funding."
Posted at 04:35 PM by Howard Bashman



"Feisty battles expected in spring; Supreme Court justice race could become heated": This article appears today in The Milwaukee Journal Sentinel.
Posted at 04:30 PM by Howard Bashman


Lawrence Hurley of Greenwire is reporting: Today, he has an article headlined "Texas Faces Uphill Legal Battle Against EPA's Greenhouse Gas Regs."

And on Monday, he had an article headlined "Lawyers Still Cleaning Up Over Superfund Sites."
Posted at 04:22 PM by Howard Bashman



"Police-Created Exigent Circumstances: Thoughts on Kentucky v. King." Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 04:15 PM by Howard Bashman


"Court OKs blind student's software for bar exam": Bob Egelko has this article today in The San Francisco Chronicle.

And Metropolitan News-Enterprise reports today that "Court Orders Accommodations for Blind Bar Examinee."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 04:13 PM by Howard Bashman



"Court vacancies here to stay?" Politico.com has this report.
Posted at 04:08 PM by Howard Bashman


"Snyder's pick to head agency has major Supreme Court implications": The Detroit Free Press today contains an article that begins, "Gov. Rick Snyder's expected appointment of state Supreme Court Justice Maura Corrigan to head the Department of Human Services could be stalled by pressure to quickly name a conservative replacement on the court, or not make the appointment at all."

And The Detroit News reports that "Snyder to name Corrigan to Cabinet; Sources say conservative Supreme Court justice to lead Human Services."
Posted at 08:40 AM by Howard Bashman



"Battle Over Education Funding on Docket": Today's edition of The Wall Street Journal contains an article that begins, "One of the most controversial cases in the New Jersey Supreme Court's history will be back before justices Wednesday, as an advocate for urban-school funding challenges Gov. Chris Christie's education budget cuts."

And Bloomberg News reports that "N.J. Supreme Court to Weigh School Funding Cuts Amid Impasse."
Posted at 08:35 AM by Howard Bashman



"Birthright Citizenship Looms as Next Immigration Battle": This article appears today in The New York Times.

And today in The Wall Street Journal, James C. Ho has an op-ed entitled "Birthright Citizenship and the 14th Amendment: Opponents of illegal immigration cannot claim to champion the rule of law and then propose policies that violate our Constitution." You can freely access the full text of the op-ed via Google News.
Posted at 08:10 AM by Howard Bashman



"Scalia to talk about Constitution to House members; The Supreme Court justice's decision elicits criticism that he's showing 'exceedingly poor judgment'; Some worry the court is injecting itself into partisan politics": James Oliphant and David G. Savage have this article today in The Los Angeles Times.

The January 2011 issue of California Lawyer contains this interview with Justice Antonin Scalia.

And today's edition of The New York Times contains an editorial entitled "There He Goes Again."
Posted at 07:54 AM by Howard Bashman



Tuesday, January 4, 2011

"Eleventh Circuit Holds That It is a Federal Crime For an Employee To Use His Employer's Computer For 'Non Business Reasons' After Receiving Clear Instruction From Employer Not to Do So": At "The Volokh Conspiracy," Orin Kerr has this post about a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued last week.
Posted at 10:50 PM by Howard Bashman


"Microsoft Loses Court Ruling in Patent Case Against Singapore's Uniloc": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.

In other coverage, Reuters reports that "Court backs Uniloc in patent fight with Microsoft."

The Associated Press reports that "Court backs Uniloc in case against Microsoft."

And "Patently-O" has a blog post titled "Uniloc v. Microsoft: The CAFC Rejects the 25 Percent Rule."
Posted at 10:46 PM by Howard Bashman



"Rethinking Horse Slaughterhouses: Animal-Welfare Groups Are Joining Ranchers in a Push to Revive an Industry That Died in 2007." This article will appear Wednesday in The Wall Street Journal.
Posted at 10:42 PM by Howard Bashman


"Blind Law School Grad Wins Right to Use Assistive Tech on Bar Exam": The Chronicle of Higher Education has this blog post on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 10:26 PM by Howard Bashman


"Obama May Bypass Guantanamo Rules, Aides Say": Charlie Savage has this article today in The New York Times. More recently, he has a news update headlined "Obama Aides Against Bypass of Guantanamo Rules."

The Washington Post reports today that "White House may challenge bill's Guantanamo provisions."

ProPublica reports that "Administration Prepares to Defy Efforts to Limit Obama's Options for Guantanamo."

And Wednesday's edition of The St. Petersburg Times will contain an editorial entitled "Signing statement is wrong approach on Guantanamo limits."
Posted at 07:40 PM by Howard Bashman



"Federal appeals court says Mount Soledad cross unconstitutional": Greg Moran of The San Diego Union-Tribune has a news update that begins, "A federal appeals court ruled Tuesday that the cross atop Mount Soledad is unconstitutional but did not explicitly say the landmark must be removed."

Ariane de Vogue of ABC News reports that "Federal Court Rules Mountaintop Cross Violates Constitution; 43-Foot-Tall Cross 'Conveys a Message of Government Endorsement of Religion.'"

And The Associated Press reports that "Judges rule cross at Calif. park unconstitutional."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 05:20 PM by Howard Bashman



"Obama Will Try Again On More Than A Dozen Judicial Nominees": National Public Radio has a blog post that begins, "The White House will tomorrow renominate more than a dozen candidates for judicial positions on federal courts, a person familiar with the administration's plans tells NPR."

And today, The Brookings Institution posted online a report by Russell Wheeler titled "Judicial Nominations and Confirmations in the 111th Senate and What to Look For in the 112th."
Posted at 04:42 PM by Howard Bashman



"Appeals court tosses 'indecency' fines over 'NYPD Blue' nudity": The New York Post has this news update.

Bloomberg News reports that "ABC $1.2 Million Fine for Nudity on 'NYPD Blue' Canceled by Appeals Court."

The Associated Press has a report headlined "Court: TV can't be fined for 'NYPD Blue' nude shot."

And The Los Angeles Times has a blog post titled "Court tosses indecency case against ABC's 'NYPD Blue.'"

You can access today's non-precedential ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 04:35 PM by Howard Bashman



"Former Thomas girlfriend has book deal": The Associated Press has a report that begins, "A former girlfriend of Supreme Court justice Clarence Thomas has a deal for a 'sexually driven' memoir."
Posted at 04:30 PM by Howard Bashman


"The Missing Judges": The New York Times contains this editorial today.

And today's edition of The Washington Post contains an editorial entitled "Confirmation molasses."
Posted at 04:23 PM by Howard Bashman



"N.J. Justice Roberto Rivera-Soto says he will not seek reappointment": This front page article appears today in The Philadelphia Inquirer.

Today's edition of The New York Times contains an article headlined "New Tangle In Battle Over Court In Trenton."

The Newark Star-Ledger contains an article headlined "N.J. Supreme Court stand-off may leave 2 seats open at end of Justice Rivera-Soto's term" and an editorial entitled "Let's make a deal on the New Jersey Supreme Court."

The Wall Street Journal reports that "Politics Leave N.J. High Court in a Deadlock."

And The Courier-Post of Cherry Hill, New Jersey reports that "Haddonfield Supreme Court Justice Rivera-Soto to step down."
Posted at 04:20 PM by Howard Bashman



"Appeals court seeks guidance in gay marriage case": The Associated Press has a report that begins, " A federal appeals court says it can't decide if California's gay marriage ban is constitutional until the state's highest court weighs in on whether Proposition 8's sponsors have the authority to defend the ban."

Bob Egelko of The San Francisco Chronicle has a news update headlined "Appeals court turns to state on key Prop. 8 issue."

Howard Mintz of The San Jose Mercury News has an update headlined "Gay marriage issue to return to California Supreme Court."

And The Sacramento Bee has a blog post titled "Prop 8: Appeals court dumps Imperial County from case."

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit certifying a question to the Supreme Court of California at this link.

In addition, today the same three-judge Ninth Circuit panel issued a per curiam opinion affirming the district court's rejection of Imperial County's motion to intervene in the case to defend the constitutionality of Proposition 8.

Circuit Judge Stephen Reinhardt issued this separate opinion concurring in both the certification order and the per curiam opinion.

Last but not least, today Judge Reinhardt also issued this Memorandum Regarding Motion to Disqualify.
Posted at 03:28 PM by Howard Bashman



Monday, January 3, 2011

Programming note: Tomorrow morning, I will be in New York City to argue an appellate cost bond motion in the U.S. District Court for the Southern District of New York in connection with an appeal pending in the U.S. Court of Appeals for the Second Circuit on which I'll be working.

Additional posts will appear here Tuesday afternoon or evening.
Posted at 03:10 PM by Howard Bashman



"Reform and the Filibuster": This editorial appears today in The New York Times.
Posted at 02:14 PM by Howard Bashman


"Officials should forget about ousting justices": Columnist John Skipper has this op-ed today in The Globe Gazette of Mason City, Iowa.
Posted at 08:07 AM by Howard Bashman


"Lawsuit over Greensburg short-hair rule may be a long shot": Today's edition of The Indianapolis Star contains an article that begins, "The parents of a former Greensburg Junior High basketball player are asking a federal court to declare the team's haircut policy unconstitutional."

Of course, as The New York Times reported in 2007, if the plaintiff reaches the NBA, he can wear his hair however he wishes.
Posted at 08:06 AM by Howard Bashman



"Oregon Supreme Court justice ends quarter-century career": This article appears today in The Statesman Journal of Salem, Oregon.
Posted at 08:03 AM by Howard Bashman


"Musical Chairs: Tom Goldstein Is Leaving Akin Gump." David Lat has this post at "Above the Law."

Update: And at "The BLT: The Blog of Legal Times," Jeff Jeffrey has a post titled "Thomas Goldstein to Leave Akin."
Posted at 07:56 AM by Howard Bashman



"A question of class: The Supreme Court will decide whether female employees of Wal-Mart can bring a class-action suit alleging sex discrimination." This editorial appears today in The Los Angeles Times.
Posted at 07:54 AM by Howard Bashman


"On history's stage: Chief Justice John Roberts Jr.; As the youngest leader of the high court in two centuries, he has the energy, the intellect, and the votes to reshape our world." Roger Parloff has this article in Fortune magazine.
Posted at 07:52 AM by Howard Bashman


"Protesters gather to keep the Barnes in L. Merion": The Philadelphia Inquirer contains this article today.
Posted at 07:44 AM by Howard Bashman


"N.J. Supreme Court to hear arguments on constitutionality of Christie's education budget cuts": This article appears today in The Newark Star-Ledger.

And The Philadelphia Inquirer reports today that "Center to fight for 'Abbott' restoration."
Posted at 07:42 AM by Howard Bashman



"Oh, Shut Up: The Senate's chance to change the filibuster." Hendrik Hertzberg has this comment in the January 10, 2011 issue of The New Yorker.
Posted at 07:40 AM by Howard Bashman


Sunday, January 2, 2011

"Scenes Cut From Film Find New Role in Court": John Schwartz and Dave Itzkoff will have this article Monday in The New York Times.
Posted at 10:11 PM by Howard Bashman


"Call to impeach judges is just wrong": Frank Carroll has this op-ed today in The Des Moines Register.

The newspaper also contains an op-ed by Dan Moore entitled "Obsessed with gay marriage, Vander Plaats has gone too far."
Posted at 10:08 PM by Howard Bashman



"Outlawed, Cellphones Are Thriving in Prisons": This article will appear Monday in The New York Times.
Posted at 10:04 PM by Howard Bashman


"Under the U.S. Supreme Court: The incredible shrinking McCain-Feingold act." Michael Kirkland of UPI has this report.
Posted at 10:26 AM by Howard Bashman


"Yvette McGee Brown reflects on the significance of her appointment to the Ohio Supreme Court": This article appears today in The Cleveland Plain Dealer.
Posted at 10:24 AM by Howard Bashman


"Resolved: Fix the Filibuster." Walter F. Mondale has this op-ed today in The New York Times.

And online at SSRN, law professor Josh Chafetz has posted an article titled "The Unconstitutionality of the Filibuster" (via "Legal Theory Blog").
Posted at 10:18 AM by Howard Bashman



"Harrowing Cheshire Case Still Haunts Jurors": This article appears today in The New York Times.
Posted at 10:12 AM by Howard Bashman


Saturday, January 1, 2011

"Book Review: 'Making Our Democracy Work: A Judge's View'; Breyer unveils high court's mysteries." In today's edition of The Louisville Courier-Journal, Sixth Circuit Judge Boyce F. Martin, Jr. has this review of Justice Stephen G. Breyer's new book, "Making Our Democracy Work: A Judge's View."
Posted at 10:36 AM by Howard Bashman


"New fight brews over judge selection process in Tennessee; With GOP in control, opponents may push to end appointments": This article appears today in The Tennessean.
Posted at 10:22 AM by Howard Bashman


"Supreme Court rules in favor of Calvo-Tenorio": The Pacific Daily News of Guam has this news update.

You can access today's ruling of the Supreme Court of Guam at this link.
Posted at 10:20 AM by Howard Bashman



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