How Appealing

Thursday, March 31, 2011

"Supreme Court of Canada grants prostitution law appeal": The Vancouver Sun has a news update that begins, "The Supreme Court of Canada decided today to hear an appeal involving a legal challenge of the prostitution laws by a group of Vancouver Downtown Eastside sex trade workers."

And The Canadian Press reports that "Supreme Court will hear B.C. sex worker challenge to prostitution law."
Posted at 10:34 PM by Howard Bashman



"GOP Renews Criticism of Trial Lawyer Judicial Nominee": At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "In what's become a proxy for debate over mass torts, U.S. senators are clashing again over the nomination of Motley Rice partner John McConnell Jr. for a seat on the federal bench."
Posted at 05:40 PM by Howard Bashman


"En banc denied on health care; Eleventh Circuit refuses en banc review of the sweeping challenge to the new federal health care law by a group of states": Lyle Denniston has this post at "SCOTUSblog."
Posted at 05:04 PM by Howard Bashman


"Velarde says he got drugs from Bonds' trainer": Lance Williams has this article today in The San Francisco Chronicle.

In today's edition of The San Jose Mercury News, Howard Mintz reports that "Prosecutors drawing close to finishing perjury case against Barry Bonds."

The New York Times reports that "Velarde Says He Received Drugs and Injections From Bonds's Trainer."

And The Associated Press reports that "Feds down to last 3 witnesses in Bonds case."
Posted at 11:33 AM by Howard Bashman



"Slidell woman's generic drug case is argued before U.S. Supreme Court": This article appears today in The Times-Picayune of New Orleans.

Today's edition of The Minneapolis Star Tribune contains an article headlined "Generic drug labels at core of wrenching case; An Owatonna woman who developed a neurological disease has her claim against drugmakers argued at the U.S. Supreme Court."

And Adam Liptak of The New York Times reports that "Justices Hear Arguments in Generic-Drug Lawsuit."
Posted at 11:30 AM by Howard Bashman



"Juror's Facebook postings an issue in appeal": In today's edition of the San Francisco Chronicle, Bob Egelko has an article that begins, "A Sacramento juror whose Facebook postings were demanded by defense lawyers after he posted a mid-trial message saying he was bored has been given at least a temporary shield by the state Supreme Court, which told a lower court to decide whether disclosure would violate the juror's privacy."

And The Sacramento Bee reports today that "California Supreme Court backs consideration of juror's privacy."
Posted at 11:24 AM by Howard Bashman



"Only Indians Can Use Eagle Feathers for Religious Practices, Court Rules": Lawrence Hurley of Greenwire has this report (via The New York Times).

My earlier coverage of Tuesday's Tenth Circuit ruling appears at this link.
Posted at 11:18 AM by Howard Bashman



Judge Posner on Wal-Mart v. Dukes: Circuit Judge Richard A. Posner issued this opinion yesterday on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 11:15 AM by Howard Bashman


"Solicitor General Nominee Verrilli Grilled on DOMA Defense": Tony Mauro has this post at "The BLT: The Blog of Legal Times."

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Solicitor General Nominee Grilled On Marriage Act" featuring Nina Totenberg.
Posted at 11:12 AM by Howard Bashman



Wednesday, March 30, 2011

"Today we examine a question of first impression in the Ninth Circuit: whether the search of a laptop computer that begins at the border and ends two days later in a Government forensic computer laboratory almost 170 miles away can still fall within the border search doctrine." So begins the opinion that the majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today. The majority holds that the border search doctrine applies.
Posted at 02:50 PM by Howard Bashman


"Court: Can generic drug maker be sued over labels?" Jesse J. Holland of The Associated Press has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Pliva, Inc. v. Mensing, No. 09-993.
Posted at 02:30 PM by Howard Bashman



"Pa. and Barnes must explain why relocation case should not be reopened": Today's edition of The Philadelphia Inquirer contains an article that begins, "Litigation lives on over whether the Barnes Foundation should be allowed to move its priceless collection of art from Merion to Philadelphia."

And The Main Line (Pa.) Times reports that "Judge sets briefing schedule in new Barnes-move challenge."
Posted at 10:12 AM by Howard Bashman



"Slidell woman's case hits high court; Patient seeks right to sue over medication warnings": This article appeared yesterday in The Times-Picayune of New Orleans.
Posted at 08:52 AM by Howard Bashman


"Roberts, Alito leave imprint on rulings; Each is conservative mainstay": Ben Conery has this article today in The Washington Times.
Posted at 08:46 AM by Howard Bashman


"2 anti-abortion bills go to Brownback": This article appears today in The Wichita Eagle.

The Kansas City Star reports today that "Two anti-abortion measures head to Kansas governor."

In news from Ohio, The Columbus Dispatch reports that "Abortion bill may get House committee vote today; Fetal-heartbeat proposal divides Ohio abortion opponents."

And The Associated Press reports that "Abortion foes push vote on Ohio 'heartbeat bill.'"
Posted at 08:40 AM by Howard Bashman



"Wal-Mart women's class action before Supreme Court": Bob Egelko has this article today in The San Francisco Chronicle.

And The Christian Science Monitor has articles headlined "Supreme Court wrestles with sheer size of suit against Wal-Mart; Supreme Court justices ask: How can you determine damages for each woman in the class-action suit against Wal-Mart? Some 1.5 million women are suing Wal-Mart on sex-discrimination claims" and "Wal-Mart case highlights status of women in US workplace; The Supreme Court is considering a class-action lawsuit from more than one million women claiming sex discrimination; Here is a snapshot of how women are faring in the workplace."
Posted at 08:30 AM by Howard Bashman



"Giambi: I got steroids from Barry Bonds' trainer." Lance Williams has this article today in The San Francisco Chronicle.

In today's edition of The San Jose Mercury News, Howard Mintz has an article headlined "Bonds trial: Giambi brothers say Anderson supplied them with 'the cream' and 'the clear.'"

The New York Times reports that "Players Detail Dealings With Bonds's Trainer."

And The Christian Science Monitor has an article headlined "Barry Bonds trial: A strong case for steroid use, but the charge is perjury; Baseball's Giambi brothers, admitted steroid users, testify at the Barry Bonds perjury trial in a San Francisco federal court that they knew what Bonds's trainer was giving them."
Posted at 08:25 AM by Howard Bashman



"Register reporter called to jury duty for Joshua Komisarjevsky Cheshire triple murder trial": The New Haven Register contains this article today.
Posted at 08:20 AM by Howard Bashman


"U.S. Supreme Court rejects $14 million judgment against New Orleans district attorney's office": This article appears today in The Times-Picayune of New Orleans.

In today's edition of The New York Times, Adam Liptak reports that "$14 Million Jury Award to Ex-Inmate Is Dismissed."

Robert Barnes of The Washington Post reports that "Supreme Court rules against exonerated death row inmate who sued prosecutors."

David G. Savage of The Los Angeles Times reports that "Supreme Court rejects damages for innocent man who spent 14 years on death row; In a 5-4 ruling, justices overturn a jury verdict awarding $14 million to John Thompson, who had sued then-New Orleans Dist. Atty. Harry Connick Sr. because prosecutors hid a blood test that would have proved his innocence in a murder case."

USA Today reports that "Exonerated inmate won't get $14M."

And Bill Mears of CNN.com reports that "High court says exonerated inmate cannot sue prosecutors."
Posted at 08:15 AM by Howard Bashman



"Outside factors could affect Wisconsin's Supreme Court race": Craig Gilbert of The Milwaukee Journal Sentinel has this blog post.
Posted at 07:58 AM by Howard Bashman


"U.S. Supreme Court Hears Arguments On Federal Witness Law in Local Shooting Case; Though the expectation is that it will set broader precedent, the court could issue a narrower opinion specific to this case, avoiding setting a new standard for the statute": This article appears today in The Lakeland (Fla.) Ledger.

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Fowler v. United States, No. 10-5443.
Posted at 07:50 AM by Howard Bashman



Tuesday, March 29, 2011

"Justice Antonin Scalia ticketed for GW Parkway fender-bender; will he take it to court?" The Washington Post's "The Reliable Source" column has this report.
Posted at 10:37 PM by Howard Bashman


From the "judges make mistakes too" file: An errata sheet that the U.S. Court of Appeals for the First Circuit issued today states, "On page 22, line 4, 'statue' is changed to 'statute.'"
Posted at 10:34 PM by Howard Bashman


"Court: Eagle feathers only for American Indians." The Associated Press has this report on a lengthy ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.

The opinion begins, "This case requires us to navigate the treacherous terrain at the intersection of the federal government's obligations, on the one hand, to refrain from imposing burdens on the individual's practice of religion, and, on the other, to protect key aspects of our natural heritage and preserve the culture of Native American tribes."
Posted at 05:54 PM by Howard Bashman



"Federal Judge Is Remembered for Vigorous Dissent in Mountaintop Case": Lawrence Hurley of Greenwire has a report (via The New York Times) that begins, "A federal appeals court judge who died last week played a major role in several major environmental cases."
Posted at 05:18 PM by Howard Bashman


"Appeals court overturns release of Gitmo detainee": The Associated Press has this report.

My earlier coverage of today's D.C. Circuit ruling appears at this link.
Posted at 04:02 PM by Howard Bashman



"Murder an accident? To insured it is, court says." The Associated Press has this report on a ruling that the New York State Court of Appeals issued today.
Posted at 02:40 PM by Howard Bashman


"Justices Take Up Key Issue in Wal-Mart Bias Suit": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Justices question next step for massive Wal-Mart discrimination suit."

James Oliphant of The Los Angeles Times has a news update headlined "Supreme Court hears arguments in Wal-Mart sex discrimination case; The class-action suit contends Wal-Mart discriminated against women working for the company in terms of pay and promotion; The issue before the Supreme Court involves whether the women's claims are too diverse for a single action."

Jess Bravin and Ann Zimmerman of The Wall Street Journal have a news update headlined "Justices Challenge Gender Suit Against Wal-Mart."

Greg Stohr and William McQuillen of Bloomberg News report that "Wal-Mart Worker Class-Action Case Questioned by High Court."

James Vicini of Reuters reports that "Wal-Mart opposes big sex-bias case at US top court."

Bill Mears of CNN.com reports that "High court debates Wal-Mart discrimination claims."

And at "SCOTUSblog," Lyle Denniston has a post titled "A fatal flaw detected? The massive class-action lawsuit against discount retailer Wal-Mart lost momentum, and perhaps more than that, in the oral argument before the Court on claims of widespread sex bias against its female workers."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Wal-Mart Stores, Inc. v. Dukes, No. 10-277.
Posted at 02:04 PM by Howard Bashman



"In this order we address whether counsel * * * should be sanctioned for the extensive use of improper confidentiality markings in the briefs * * * contrary to Rule 28(d) of the Federal Circuit Rules." Watch out Seventh Circuit, the Federal Circuit seems eager to vie for the distinction of federal appellate court that's most likely to threaten or actually impose sanctions for rule violations.

Today, the Federal Circuit imposed a $1,000 sanction on an attorney who, in that court's view, designated as confidential too much of the substance of an appellate brief. You can access today's ruling in the matter ominously captioned In re Violation of Rule 28(d) at this link.
Posted at 12:15 PM by Howard Bashman



"Court May Make It Easier to Invalidate an Invention": Steve Seidenberg will have this article in the April 2011 issue of ABA Journal magazine.
Posted at 12:06 PM by Howard Bashman


"Thoughts on the Future Viability of Public Financing Plans After McComish": Rick Hasen has this post today at his "Election Law Blog."
Posted at 11:58 AM by Howard Bashman


"Court hears argument in Wal-Mart sex bias claim": Mark Sherman of The Associated Press has this updated report.
Posted at 11:56 AM by Howard Bashman


D.C. Circuit reverses the grant of habeas corpus in favor of Guantanamo detainee Uthman Abdul Rahim Mohammed Uthman: You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link. Circuit Judge Brett M. Kavanaugh wrote the opinion.

In April 2010, "The BLT: The Blog of Legal Times" reported on the district court's ruling in a post titled "Federal Judge Grants Habeas Writ Due to Torture Issues."

And the "Lawfare" blog has reported on the case in posts titled "Uthman Oral Argument Summary"; "Uthman Oral Argument Preview"; "Public Merits Briefing Complete in Uthman v. Obama"; "Dafna Linzer on Secret Opinion in Uthman Abdul Rahim Mohammed Uthman Case."
Posted at 11:50 AM by Howard Bashman



"Court seems to frown on Ariz. campaign regulation": Tony Mauro has this news analysis online at the First Amendment Center.
Posted at 11:33 AM by Howard Bashman


"Scalia in fender-bender on way to court": The Associated Press has this report.
Posted at 10:50 AM by Howard Bashman


Access online today's rulings of the U.S. Supreme Court in argued cases: The Court today issued two rulings in argued cases and dismissed one argued case as improvidently granted.

1. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Astra USA, Inc. v. Santa Clara County, No. 09-1273. The ruling was unanimous, with Justice Elena Kagan recused. You can access the oral argument via this link.

2. Justice Clarence Thomas delivered the opinion of the Court in Connick v. Thompson, No.09-571. Justice Antonin Scalia issued a concurring opinion, in which Justice Samuel A. Alito, Jr. joined. And Justice Ginsburg issued a dissenting opinion, in which Justices Stephen G. Breyer, Sonia Sotomayor, and Kagan joined. You can access the oral argument via this link.

3. The Court issued a per curiam order dismissing the writ of certiorari as improvidently granted in Tolentino v. New York. No. 09-11556. You can access the oral argument via this link. This is the case that D.C. Circuit nominee Caitlin J. Halligan argued two Mondays ago.

In early news coverage, The Associated Press has reports headlined "Court: Exonerated inmate doesn't get $14 million" and "High court limits lawsuits over drug prices."
Posted at 10:05 AM by Howard Bashman



"Roy Moore may run for president": The Associated Press has a report that begins, "Former Alabama Supreme Court Chief Justice Roy Moore, known as the 'Ten Commandments judge,' said he's considering seeking the Republican presidential nomination."
Posted at 08:44 AM by Howard Bashman


"Barry Bonds' ex says he discussed steroid use": Lance Williams has this article today in The San Francisco Chronicle.

In today's edition of The San Jose Mercury News, Howard Mintz reports that "Ex-mistress testifies at Barry Bonds perjury trial."

The New York Times reports that "Ex-Girlfriend Details How Bonds Changed."

And The Associated Press has a report headlined "Bonds trial: Ball players on deck to testify."
Posted at 08:42 AM by Howard Bashman



"Supreme Court justices aren't political hacks in robes": The Washington Post contains this editorial today.
Posted at 08:34 AM by Howard Bashman


"Case of Haines City Officer's Shooting Heads to United States Supreme Court Today": This article appears today in The Lakeland (Fla.) Ledger.
Posted at 08:17 AM by Howard Bashman


"Court hears argument in Wal-Mart sex bias claim": Mark Sherman of The Associated Press has this report.

James Vicini of Reuters reports that "Wal-Mart opposes big sex-bias case at top court."

Bill Mears of CNN.com reports that "Justices to hear appeal over Wal-Mart gender pay lawsuit."

Today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Can A Business Be Too Big For A Class Action Suit?" featuring Nina Totenberg.

And Warren Richey of The Christian Science Monitor reports that "Supreme Court set to take up massive Wal-Mart discrimination case; On Tuesday, the Supreme Court will decide whether 1.5 million women can form a 'class' that faced the same injury -- in this case, gender-based discrimination by Wal-Mart -- or not."
Posted at 08:11 AM by Howard Bashman



"2010 Law Prof Blog Rankings": Paul L. Caron has this post today at "TaxProf Blog."
Posted at 08:06 AM by Howard Bashman


"Court rivals spar over state constitution; Prosser, Kloppenburg differ on using state document to expand Bill of Rights": This article appears today in The Milwaukee Journal Sentinel, along with a related article headlined "Matching funds for state Supreme Court races may face challenge; Similar law in Arizona faces court skepticism."

And The Associated Press reports that "Fight over Wis. union law heads to court."
Posted at 07:58 AM by Howard Bashman



Monday, March 28, 2011

"Appeals court upholds US whistleblower law secrecy": The Associated Press has this report.

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Divided Appeals Court Upholds Secrecy of Whistleblower Suits."

U.S. District Judge James C. Dever III wrote the majority opinion on behalf of a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit.
Posted at 10:36 PM by Howard Bashman



"Supreme Court skeptical about Arizona's campaign finance law": Robert Barnes will have this article Tuesday in The Washington Post.

The Washington Times has a news update headlined "Justices bore into validity of Arizona election-finance law; Question whether reduces corruption."

The Arizona Republic has a news update headlined "Court appears skeptical of Arizona campaign finance law."

Howard Fischer of Capitol Media Services reports that "High court weighs Arizona elections funding."

And Ariane de Vogue of ABCNews.com reports that "Supreme Court Revisits Campaign Finance; Conservative Justices Appear Skeptical of Arizona's Public Financing System."
Posted at 10:22 PM by Howard Bashman



"Justices Deny New Appeal by Convict in Georgia": Adam Liptak will have this article Tuesday in The New York Times.

Bill Rankin of The Atlanta Journal-Constitution has a news update headlined "U.S. Supreme Court rejects Troy Davis' appeal."

Warren Richey of The Christian Science Monitor reports that "Supreme Court declines case of death-row inmate who became cause celebre; Georgia death-row inmate Troy Davis had attracted the attention of anti-death penalty advocates worldwide, but the Supreme Court refused to take his case Monday."

And at "SCOTUSblog," Lyle Denniston has a post titled "Davis innocence plea rejected; The Court turns down, without explanation, all pleas by Georgia death-row inmate Troy Anthony Davis that he is innocent of a 1989 murder of an off-duty policeman."
Posted at 09:10 PM by Howard Bashman



"High Court to Weigh Bias Exemption for Religious Teachers": Mark Walsh has this post at the "School Law" blog of Education Week.
Posted at 09:03 PM by Howard Bashman


"UIC professor's male bias theory to play big role in Wal-Mart case": The Chicago Sun-Times has this news update.
Posted at 09:02 PM by Howard Bashman


"Immediate end to 'don't ask, don't tell' urged": The Associated Press has this report.
Posted at 08:47 PM by Howard Bashman


"Wal-Mart and workers' rights: The Court holds oral argument Tuesday on a massive class-action case over the workplace policies of the giant discount retailer, Wal-Mart Stores, and their impact on women employees." Lyle Denniston has this oral argument preview at "SCOTUSblog."

And online at Slate, law professor Richard Thompson Ford has a jurisprudence essay entitled "Everyday Discrimination: Why the Wal-Mart sex-bias lawsuit is the most important case the Supreme Court will hear this year."
Posted at 08:44 PM by Howard Bashman



"Justices Review Arizona Law on Campaign Financing": Adam Liptak will have this article Tuesday in The New York Times.

David G. Savage of The Los Angeles Times has a news update headlined "Justices appear ready to strike down Arizona campaign finance law."

In Tuesday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Campaign Law Has Doubters On Court."

Warren Richey of The Christian Science Monitor has an article headlined "Why sharply divided Supreme Court may strike down Arizona campaign-finance law; The Supreme Court heard arguments Monday challenging an Arizona campaign-finance law that tries to guarantee competitive races; The court appeared split on the case."

Greg Stohr of Bloomberg News reports that "Arizona Election Public Financing Questioned by High Court."

James Vicini of Reuters reports that "US top court considers Arizona campaign finance law."

Bill Mears of CNN.com reports that "Arizona election finance law reveals high court rift."

And online at Slate, Dahlia Lithwick has a Supreme Court dispatch entitled "Free Speech for Really Rich Guys: The Supreme Court finds a cause worth fighting for."
Posted at 08:17 PM by Howard Bashman



"Supreme Court Stays Out of Joshua Tree Landfill Dispute": Lawrence Hurley of Greenwire has this report (via The New York Times).
Posted at 08:00 PM by Howard Bashman


"Federal Courts Worry Your Smartphone Might Be a Bomb": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 06:11 PM by Howard Bashman


Citibank vs. City Bank: The U.S. Court of Appeals for the Federal Circuit today issued its ruling in Citigroup Inc. v. Capital City Bank Group, Inc.

Back in February 2010, "The TTABlog" had this post reporting on the ruling of the Trademark Trial and Appeal Board on this matter.
Posted at 02:26 PM by Howard Bashman



"Court skeptical of Ariz. campaign finance law": The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Kennedy shows his hand: Arizona's 13-year-old system of providing public funds to subsidize candidates who forgo private contributions appears in serious constitutional jeopardy in an argument before the Court."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Arizona Free Enterprise Club's Freedom Club Pac v. Bennett, No. 10-238.
Posted at 01:34 PM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: You can access today's Order List at this link. The Court granted review today in one case and called for the views of the Solicitor General's office in one case.

The Court today also issued a separate series of three orders pertaining to Georgia death row inmate Troy Davis.

In early news coverage, The Associated Press reports that "Court to decide if teacher can sue church school"; "High court rejects appeal from Troy Davis"; and "Court doesn't say if it will hear NJ man's appeal."
Posted at 10:07 AM by Howard Bashman



"Abortion limitation creating cold feet; Some believe proposal will fail legal challenge": Today's edition of The Columbus Dispatch contains an article that begins, "Despite anti-abortion majorities in the House and Senate, a bill to give Ohio the most-restrictive abortion law in the nation has stalled after drawing fire from those on both sides of the debate."
Posted at 08:30 AM by Howard Bashman


"Inside the Mind of Justice Kennedy: Will he strike down the individual mandate?" Frank J. Colucci has this essay online at The New Republic.
Posted at 08:22 AM by Howard Bashman


"Supreme Court weighs Clean Elections funds match; Constitutionality of state's elections system at issue": This article appears today in The Arizona Republic.

On today's broadcast of NPR's "Morning Edition," Nina Totenberg has an audio segment entitled "High Court Takes Another Stab At Campaign Finance."

And in The Los Angeles Times, Costas Panagopoulos has an op-ed entitled "Elections test: The Supreme Court should rule that clean election laws don't have a chilling effect."
Posted at 08:07 AM by Howard Bashman



"Justices to hear appeal over Wal-Mart gender pay lawsuit": Bill Mears of CNN.com has this report.
Posted at 08:02 AM by Howard Bashman


"With same-sex marriage on hold, elderly and ailing couples face a lengthy appeals process; Judges last week extended a stay on same-sex marriage until higher courts rule on Prop. 8; Derence Kernek and Ed Watson hope that process will move faster than the advance of Watson's Alzheimer's disease": Carol J. Williams has this article today in The Los Angeles Times.
Posted at 07:58 AM by Howard Bashman


"New Jersey man protests routine strip search": Mark Sherman of The Associated Press has this report.
Posted at 07:52 AM by Howard Bashman


Sunday, March 27, 2011

"Supreme Court to Weigh Sociology Issue in Wal-Mart Discrimination Case": Adam Liptak will have this article Monday in The New York Times.

In Monday's edition of USA Today, Joan Biskupic will have an article headlined "Women take case against Wal-Mart to highest court."

And Greg Stohr of Bloomberg News reports that "Wal-Mart Faces the Big Box of Bias Suits; The Supreme Court will soon decide the fate of a million-worker class action against the retailer."
Posted at 10:05 PM by Howard Bashman



"Is lying protected speech? Military-medal case on track for Supreme Court." Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 07:44 PM by Howard Bashman


"Wal-Mart asks Supreme Court to deny class-action suit by female workers": Robert Barnes will have this article Monday in The Washington Post.

And online at The Atlantic, Andrew Cohen has a post titled "Welcome to Wal-Mart: The Biggest Case of the Term."
Posted at 07:14 PM by Howard Bashman



"Ariz. campaign-finance case brings out sharp divisions": Joan Biskupic will have this article Monday in USA Today.
Posted at 07:12 PM by Howard Bashman


"Judge Blane Michael": Matt Bodie has this post at "PrawfsBlawg."
Posted at 07:10 PM by Howard Bashman


"Supreme Court to decide Arizona's unique campaign financing law; Arizona seeks to level the political playing field by helping finance some political candidates in a match of funds raised privately by opposing candidates; Does that chill free speech?" Warren Richey of The Christian Science Monitor has this report.
Posted at 04:10 PM by Howard Bashman


"Letters: Courthouse gunman angry at justice system." Greg Bluestein of The Associated Press has an article that begins, "The Atlanta courthouse gunman said in letters that he escaped from guards and then killed four people in a shooting rampage to fight back against what he believed was a racist justice system, according to documents obtained by The Associated Press."
Posted at 03:24 PM by Howard Bashman


"Poisoned Web: A Girl's Nude Photo, and Altered Lives." This lengthy front page article appears today in The New York Times.

The newspaper also contains a related article headlined "States Struggle With Minors' Sexting."
Posted at 01:36 PM by Howard Bashman



"Federal Circuit: Cross-appeal by Apotex an 'egregious' attempt to 'game the system.'" Sheri Qualters of The National Law Journal has this report.

My earlier coverage of Thursday's Federal Circuit order appears at this link.
Posted at 12:54 PM by Howard Bashman



"Judge M. Blane Michael of 4th U.S. Circuit dies at 68": This obituary appears today in The Richmond Times-Dispatch.

Yesterday's edition of The Saturday Gazette-Mail of Charleston, West Virginia contained an article headlined "Late Judge Michael's 'compass set hard for justice,' Jay says."

And The Associated Press reports that "4th Circuit Judge M. Blane Michael, former special counsel to then-Gov. Rockefeller, dies."

Fourth Circuit Judge M. Blane Michael's official Federal Judicial Center biography can be accessed here.
Posted at 12:44 PM by Howard Bashman



"Gay marriage no longer such a divisive political issue": Today's edition of The Boston Globe contains an article that begins, "Once guaranteed to whip up voter opposition, same-sex marriage is losing much of its bite as a political wedge issue, undercut by greater concerns about the economy and growing support for gay marriage among voters."
Posted at 10:44 AM by Howard Bashman


"Abortion law: Who pays the bill? Court costs for state hinge on promise of private money." The Argus Leader of Sioux Falls, South Dakota contains this article today.

And yesterday's issue of The Rapid City Journal reported that "Defending abortion bill could get spendy for state."
Posted at 10:42 AM by Howard Bashman



"La Follette says union law not in effect, Walker official disagrees": This article appears today in The Milwaukee Journal Sentinel.
Posted at 10:36 AM by Howard Bashman


"Judge in Ghilarducci case makes impression on Humboldt County dairymen": Today's edition of The Times-Standard of Eureka, California contains an article that begins, "U.S. District Judge Charles R. Breyer is the brother of a U.S. Supreme Court justice, is known for his bow ties and is fond of quoting Shakespeare. He also holds the fate of former Humboldt Creamery CEO Rich Ghilarducci squarely in his hands."
Posted at 10:22 AM by Howard Bashman


"Abercrombie bucks trend on judgeships; Openness elsewhere contrasts with his silence on candidates": Ken Kobayashi has this article today in The Honolulu Star-Advertiser.
Posted at 10:20 AM by Howard Bashman


"Pennsylvania judges court sunny locales": Today's edition of The Pittsburgh Tribune-Review contains an article that begins, "State judges spent thousands in public money to attend law conferences in Honolulu, the Virgin Islands, Cancun, Puerto Rico and the Bahamas over the past five years, court system records show."
Posted at 10:17 AM by Howard Bashman


"Arizona election law heads to Supreme Court; The state's Citizens Clean Elections Act, which provides candidates with public campaign funds as long as they don't accept private donations, is being challenged; Legal experts say its chances of survival aren't good": David G. Savage and Nicholas Riccardi have this article today in The Los Angeles Times.

And today in The Arizona Daily Sun, Howard Fischer reports that "High court takes on Clean Elections."
Posted at 10:14 AM by Howard Bashman



"Under the U.S. Supreme Court: The president makes war in Libya." Michael Kirkland of UPI has this report.
Posted at 10:09 AM by Howard Bashman


"Court to take up huge sex bias claim vs. Wal-Mart": Mark Sherman of The Associated Press has this report.
Posted at 10:04 AM by Howard Bashman


Saturday, March 26, 2011

"With Ariz. case, Supreme Court takes up campaign finance issue again": Robert Barnes will have this article Sunday in The Washington Post.
Posted at 10:12 PM by Howard Bashman


"Union law injected into high court race; Candidates quiet, but others make it an issue": Sunday's edition of The Milwaukee Journal Sentinel will contain an article that begins, "A controversial new law limiting collective bargaining is increasingly taking an outsize role in the race for a state Supreme Court seat."
Posted at 10:08 PM by Howard Bashman


"Nominee for Federal Circuit deserves a hearing": This editorial appears today in The Washington Post.
Posted at 02:24 PM by Howard Bashman


"Collective bargaining law published despite restraining order; Fitzgerald, Barca disagree on whether law goes into effect Saturday": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "In a stunning twist, Gov. Scott Walker's legislation limiting collective bargaining for public workers was published Friday despite a judge's hold on the measure, prompting a dispute over whether it takes effect Saturday."
Posted at 11:38 AM by Howard Bashman


"In Madison debate, Prosser calls Kloppenburg an 'ideologue'; She fires back at justice's role in Supreme Court's divisiveness": This article appears today in The Milwaukee Journal Sentinel.

And The Wisconsin State Journal reports that "Campaign ad is hot topic during Supreme Court forum."
Posted at 11:35 AM by Howard Bashman



"Free Speech Worth Paying For": Charles Fried and Cliff Sloan have this op-ed today in The New York Times.

And at "SCOTUSblog," Lyle Denniston has a blog post titled "Politics and public money: The Court holds oral argument Monday on the constitutionality of Arizona's system for using public funds to subsidize some state political candidates, a case with nationwide implications."
Posted at 11:32 AM by Howard Bashman



"Court ruling says Redskins have to caption song lyrics, too; Appeals court rules that deaf fans have right to see all game-related announcements": Today's edition of The Baltimore Sun contains this article reporting on a non-precedential ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
Posted at 09:30 AM by Howard Bashman


Friday, March 25, 2011

"Bills would take Texas' illegal sodomy ban off books; Years after Supreme Court rejected law, little momentum to delete it": The Austin American-Statesman has this news update.
Posted at 10:24 PM by Howard Bashman


"Nevada Punitive Damages Case Goes To Supreme Court": The "Drug and Device Law" blog has posted a copy of the petition for writ of certiorari filed in the U.S. Supreme Court in Wyeth LLC v. Scofield.
Posted at 10:00 PM by Howard Bashman


"Legal experts: Ruling benefits child porn victims." The Associated Press has a report that begins, "Victims of child pornography around the country could have an easier time getting restitution from those convicted of possessing such images, according to a federal appeals court ruling this week in a Texas case. But legal experts say the issue now may have to be decided by the U.S. Supreme Court because courts throughout the United States are split on how to award such compensation."
Posted at 06:10 PM by Howard Bashman


In today's mail: Today's mail included my certificate (suitable for framing) of admission to the bar of the U.S. Court of Appeals for the Eighth Circuit.

Consequently, the U.S. Court of Appeals for the Tenth Circuit has won the distinction of being the final federal circuit court of appeals to which I am not admitted.

Perhaps fittingly, the second runner-up was the Second Circuit, where I gained admission earlier this year and where the appeal on which I was working resolved itself before adjudication or briefing by means of a voluntary dismissal filed yesterday.
Posted at 03:12 PM by Howard Bashman



"We conclude it was not clearly established in 2002 that the strip search of a person being introduced into a detention facility violated the Fourth Amendment." So holds the majority on a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit in a decision issued today.

Circuit Judge Judith W. Rogers dissented, writing that "this is the first time a circuit court of appeals has suggested that the protections of the Fourth Amendment to the Constitution against unreasonable searches do not extend to an individual arrested for a non-violent minor offense who is awaiting arraignment apart from the general population of detainees, and is subjected to a strip search in the absence of reasonable suspicion he is hiding contraband or weapons."
Posted at 11:02 AM by Howard Bashman



"Steroids expert testifies at Barry Bonds trial": Lance Williams has this article today in The San Francisco Chronicle.

In today's edition of The San Jose Mercury News, Howard Mintz reports that "Barry Bonds perjury trial wraps for the week with anti-doping expert, estranged friend."

And The New York Times reports that "Bonds Jury Hears the Science of Steroids."
Posted at 10:30 AM by Howard Bashman



"Supreme Court to Decide Whether Millions of Female Employees Can Sue Walmart; Current and Former Employees Allege Sex Discrimination": Ariane De Vogue has this article at ABCNews.com.
Posted at 10:12 AM by Howard Bashman


"Ex-prosecutor Richard Convertino's whistle-blower suit dismissed": Today's edition of The Detroit Free Press contains an article that begins, "Saying that the case has enough twists for a fictional thriller, a federal judge dismissed on Thursday a former federal prosecutor's whistle-blower case against the U.S. Justice Department for allegedly leaking harmful information to a Free Press reporter."

The Detroit News reports today that "Ex-prosecutor Convertino loses fight to unmask tipster's identity."

The Associated Press reports that "Ex-terrorism prosecutor loses lawsuit over story."

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "D.C. Judge Thwarts Ex-Prosecutor's Suit Over Leaked Ethics Probe."

You can access yesterday's ruling of the U.S. District Court for the District of Columbia at this link.
Posted at 09:32 AM by Howard Bashman



"Federal judge lightens case load at age 103": The Associated Press has this report.
Posted at 09:22 AM by Howard Bashman


"Supreme Court ruling in Ramsey County case may limit consensual sex claims in rape cases; Justices strike ban on victim-behavior testimony in trials": This article appears today in The Pioneer Press of St. Paul, Minnesota.

And The Minneapolis Star Tribune reports today that "Decision could ease way to rape conviction; Minnesota Supreme Court allows experts to explain confusing behavior by some victims."

You can access yesterday's ruling of the Supreme Court of Minnesota at this link.
Posted at 07:52 AM by Howard Bashman



"Rich Candidate Expected To Win Again: Does the Supreme Court care more about free speech for the wealthy than about political corruption?" Law professor Richard L. Hasen, author of the "Election Law Blog," has this jurisprudence essay online at Slate.
Posted at 07:48 AM by Howard Bashman


"Supreme Court takes road show hearing to Drake": This article appears today in The Des Moines Register.
Posted at 07:45 AM by Howard Bashman


Thursday, March 24, 2011

"Supreme Court to consider Virginia petition April 15": The Richmond Times-Dispatch has an article that begins, "On April 15 the U.S. Supreme Court will discuss Virginia's petition to have its lawsuit against new health legislation bypass appellate court review and be heard directly by the high court."
Posted at 10:40 PM by Howard Bashman


"Ross Guberman, the President of Legal Writing Pro, discusses his new book, Point Made: How to Write Like the Nation's Top Advocates." This interview appears today at "SCOTUSblog."
Posted at 10:38 PM by Howard Bashman


"New Supreme Court justices hear first cases": The Des Moines Register has this news update.
Posted at 10:33 PM by Howard Bashman


In Friday's Bashman news from Australia: The Age of Melbourne has a news update headlined "Armed thugs chase, bash man in Melbourne's inner west."

Meanwhile, last Thursday's edition of The Daily Telegraph of Surry Hills, New South Wales, reported that "Foul-mouthed thugs bash man at station."
Posted at 10:26 PM by Howard Bashman



"In our view it is unnecessary to explore in this case the question of whether and to what extent the Second Amendment right recognized in Heller applies outside the home." So holds the majority on a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit in a ruling issued today.
Posted at 08:52 PM by Howard Bashman


"Court won't halt mental exam of Tucson suspect": The Associated Press has a report that begins, "A federal appeals court rejected a request to halt the mental competency exam that's being conducted on the suspect in the Tucson shooting rampage."
Posted at 08:42 PM by Howard Bashman


"Oregon court rules teeth not considered dangerous weapon in a fight": This article appears today in The Oregonian reporting on a ruling that the Oregon Court of Appeals issued yesterday.
Posted at 03:38 PM by Howard Bashman


"No charges in courthouse gunman's jail escape plot": The Associated Press has this report from Atlanta.
Posted at 03:36 PM by Howard Bashman


"Enraged by Walker, activists put Kloppenburg's Supreme Court campaign on their shoulders": The Capital Times of Madison, Wisconsin has this report.

An editor's note accompanying the article explains that the author of the article "has asked for the return of a $5 donation he gave to a door-to-door solicitor in December who was working in support of JoAnne Kloppenburg's Supreme Court campaign."
Posted at 03:30 PM by Howard Bashman



"Appeals court sends union bill appeal to Supreme Court": The Wisconsin State Journal has a news update that begins, "Finding that there are too many issues that require clarification, a state appeals court on Thursday sent the state attorney general's appeal of a decision barring implementation of Gov. Scott Walker's budget repair bill to the state Supreme Court."

And The Milwaukee Journal Sentinel has a news update headlined "Appeals panel: Supreme Court should take up collective bargaining law."

You can access today's certification of the Wisconsin Court of Appeals at this link
Posted at 03:18 PM by Howard Bashman



"Jared Lee Loughner Appeals Judge's Order on Mental Competency Examination": Bloomberg News has this report.

The Arizona Republic reports today that "Effort to delay Loughner transfer is too late."

The Springfield (Mo.) News-Leader reports today that "Tucson shooting suspect transferred to Fed Med."

And USA Today reports that "Loughner's lawyers challenge mental exam order."

You can access at this link the petition for writ of mandamus that Loughner's lawyers filed yesterday in the U.S. Court of Appeals for the Ninth Circuit.
Posted at 01:40 PM by Howard Bashman



Judge Posner on proximate cause, featuring "law by proverb": Circuit Judge Richard A. Posner today issued this interesting opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 01:26 PM by Howard Bashman


No cross-appeal for you! The U.S. Court of Appeals for the Federal Circuit today issued this decision addressing when it is appropriate to pursue a cross-appeal in that court.
Posted at 01:11 PM by Howard Bashman


"Rights Are Curtailed for Terror Suspects": In today's edition of The Wall Street Journal, Evan Perez has an article that begins, "New rules allow investigators to hold domestic-terror suspects longer than others without giving them a Miranda warning, significantly expanding exceptions to the instructions that have governed the handling of criminal suspects for more than four decades."
Posted at 08:57 AM by Howard Bashman


"Former Bush lawyer to challenge health care law": The Associated Press has this report.

And today's edition of The Free Lance-Star of Fredericksburg, Virginia contains an article headlined "'Liberty' behind reform lawsuit; Attorney General Cuccinelli explains case against health care reform."
Posted at 08:54 AM by Howard Bashman



"Justices Grapple With Issue of Right to Lawyers in Child Support Cases": Adam Liptak has this article today in The New York Times.
Posted at 08:34 AM by Howard Bashman


"Gay marriage ban to continue during appeal of Proposition 8; Gay marriages will not resume while the U.S. 9th Circuit Court of Appeals decides the constitutionality of Proposition 8's ban on gay marriage; A U.S. District Court judge ruled last year that the California initiative is unconstitutional": Carol J. Williams has this article today in The Los Angeles Times.

And in today's edition of The San Francisco Chronicle, Bob Egelko reports that "Same-sex marriage stays on hold for Prop. 8 appeal."
Posted at 08:22 AM by Howard Bashman



"Bitter analogy in war crime case: Indians, al Qaeda; Seminoles in 1818 similar to al Qaeda in 2001? Some Pentagon prosecutors appeared to make this analogy to support a Guantanamo war crimes conviction, then clarified in a war court filing." Carol Rosenberg of The Miami Herald has this report.
Posted at 08:10 AM by Howard Bashman


"Panel on Anthrax Inquiry Finds Case Against Ivins Persuasive": This article appears today in The New York Times.

And Greg Gordon of McClatchy Newspapers reports that "FBI's anthrax suspect is likely killer, panel concludes."
Posted at 08:07 AM by Howard Bashman



"Ex-friend: Bonds' steroid use was 'out of hand.'" Lance Williams has this article today in The San Francisco Chronicle.

In today's edition of The San Jose Mercury News, Howard Mintz reports that "Barry Bonds' estranged friend testifies of home run king's steroid use."

Maura Dolan of The Los Angeles Times reports that "Former Barry Bonds aide testifies that he worried about the slugger's alleged steroid use; Steve Hoskins says he secretly recorded Bonds' trainer and doctor in hopes of obtaining evidence of steroid use; He also admits to making those recordings as his ties to Bonds were fraying."

And The New York Times reports that "Bonds Trial Testimony Centers on Steroid Conversations."
Posted at 08:04 AM by Howard Bashman



"Judge denies Komisarjevsky offer to plead guilty in exchange for no death penalty": The New Haven Register contains this article today.

And today's edition of The Hartford Courant contains an article headlined "Judge Won't Allow Plea Deal for 2nd Cheshire Suspect; Case Has 3rd Juror."
Posted at 07:55 AM by Howard Bashman



"New justices will campaign when facing retention vote": This article appears today in The Des Moines Register.
Posted at 07:46 AM by Howard Bashman


"A Surprising Snapshot": At the "Opinionator" blog of The New York Times, Linda Greenhouse has a post that begins, "Among common impressions of the current Supreme Court are that Justices Antonin Scalia and Clarence Thomas are joined at the hip and that the majority tilts reflexively in favor of corporations and employers."
Posted at 07:38 AM by Howard Bashman


Wednesday, March 23, 2011

"Investiture Ceremony Slated for Ninth Circuit Judge Mary H. Murguia": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release.
Posted at 10:32 PM by Howard Bashman


"Wisconsin's Battle Supreme: Liberals in the state are trying to make the April election for a state supreme court justice a referendum on Governor Walker." This "Political Diary" essay appears online at WSJ.com.
Posted at 08:42 PM by Howard Bashman


"Judge who presided over Abscam cases to step down": The Philadelphia Inquirer has a news update that begins, "U.S. District Judge John Fullam, who presided over such notable cases as the Abscam political corruption probe and the landmark bankruptcy of the Penn Central, said Wednesday that he plans to step down."
Posted at 08:12 PM by Howard Bashman


"The future of Miranda: From the edge of a rhetorical slippery slope, and then back from it, the Court explores what would happen to Miranda rights in the future if they were to be extended to minors facing police questioning." Lyle Denniston has this post at "SCOTUSblog."

At the "School Law" blog of Education Week, Mark Walsh has a post titled "Justices Weigh Youths' Miranda Rights."

Barbara Barrett of McClatchy Newspapers reports that "Justices weigh Miranda warnings for juvenile suspects."

And Jesse J. Holland of The Associated Press reports that "Court weighs if age should figure into questioning."

You can access the transcript of today's U.S. Supreme Court oral argument in J.D.B. v. North Carolina, No. 09-11121, by clicking here.
Posted at 06:23 PM by Howard Bashman



"Justices Take Up Case on Negligent Design Drug Claim": Amaris Elliott-Engel has this article, in which I am quoted, in today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.
Posted at 06:12 PM by Howard Bashman


"Wave of anti-abortion bills advance in the states": The Associated Press has this report.
Posted at 05:48 PM by Howard Bashman


"Class Actions at the Crossroads: An Answer to Wal-Mart v. Dukes." The Harvard Law & Policy Review has posted online this article by law professor Suzette M. Malveaux.
Posted at 02:14 PM by Howard Bashman


"Senior judges ease 'a very serious shortage'": Today's edition of The Patriot-News of Harrisburg, Pennsylvania contains an article that begins, "At age 96, long after his contemporaries have retired, U.S. Middle District Senior Judge Malcolm Muir still comes to work every day, minus the occasional holiday."
Posted at 02:10 PM by Howard Bashman


Three-judge Ninth Circuit panel issues order denying motion to vacate stay on same-sex marriages in California: The docket entry text of the order, which has just been filed, states:
Filed order (STEPHEN R. REINHARDT, MICHAEL DALY HAWKINS and N. RANDY SMITH) Having considered all of the factors set forth in Nken v. Holder, 129 S. Ct. 1749, 1756 (2009), and all of the facts and circumstances surrounding Plaintiffs' motion to vacate the stay pending appeal, as well as the standard for vacatur set forth in Southeast Alaska Conservation Council v. U.S. Army Corps of Engineers, 472 F.3d 1097, 1101 (9th Cir. 2006), we deny Plaintiffs' motion at this time.
The order should be available via this link in the very near future.

Update: The Ninth Circuit has posted the order at this link.
Posted at 02:06 PM by Howard Bashman



"Women Seeking Abortions in South Dakota to Get Anti-Abortion Advice": A.G. Sulzberger has this article today in The New York Times.

And today's edition of The Argus Leader of Sioux Falls, South Dakota contains articles headlined "Lawsuit looms after abortion bill signed; Law's backers raising money to defend it" and "Crisis pregnancy centers thrust into new role."
Posted at 12:46 PM by Howard Bashman



"Top court justice Meierhenry retiring; She was state's first woman at highest level": Today's edition of The Argus Leader of Sioux Falls, South Dakota contains an article that begins, "South Dakota's first female Supreme Court justice will retire in June."
Posted at 12:40 PM by Howard Bashman


"Lawyers ask for review of ex-judge Camp's rulings, sentences": Today in The Atlanta Journal-Constitution, Bill Rankin has an article that begins, "Before he was sentenced for crimes he committed with a stripper, Jack Camp made a striking disclosure: The former federal judge revealed he has long suffered from a misdiagnosed bipolar disorder and brain damage from an accident more than a decade earlier. The revelations have lawyers wondering whether justice was meted out by an impaired jurist."
Posted at 12:30 PM by Howard Bashman


"High court unlikely to grant right to lawyer": The Associated Press has this report.
Posted at 12:25 PM by Howard Bashman


Tuesday, March 22, 2011

Programming note: On Wednesday morning, I will presenting oral argument to a three-judge panel of the Superior Court of Pennsylvania. Additional posts will appear here once I return to the office.
Posted at 11:30 PM by Howard Bashman


"Obama's Empathy for the Supreme Court": John Paul Rollert has this entry at Huffington Post.
Posted at 11:22 PM by Howard Bashman


"Scenarios: Wal-Mart sex discrimination case at U.S. top court." James Vicini of Reuters has this report.
Posted at 11:18 PM by Howard Bashman


"Significant Child Pornography Restitution Ruling in the Fifth Circuit": At "The Volokh Conspiracy," Paul Cassell has this post about a ruling that the U.S. Court of Appeals for the Fifth Circuit issued today.
Posted at 11:08 PM by Howard Bashman


"Federal agent: Bonds' testimony impeded probe." Lance Williams of The San Francisco Chronicle has this news update.

And The Associated Press has reports headlined "Bonds lawyer starts to pick at government's case" and "Will Bonds be convicted or just embarrassed?"
Posted at 11:02 PM by Howard Bashman



"Ginni Thomas joins The Daily Caller": Politico.com has this report.

"The Caucus" blog of The New York Times has a post titled "Virginia Thomas to Write for Daily Caller."

And TPMDC has posts titled "The Daily Caller Hires Tea Partying Wife Of Supreme Court Justice As 'Special Correspondent'" and "Carlson: Ginni Thomas Will Not Interview Or Write About Business Clients."
Posted at 04:02 PM by Howard Bashman



"Governor signs abortion law requiring waiting period, counseling": The Argus Leader of Sioux Falls, South Dakota has this news update.

And The Associated Press reports that "SD governor signs 3-day wait for abortion into law."
Posted at 03:57 PM by Howard Bashman



"Regulating Supreme Court Justices' Ethics -- 'Cures Worse Than the Disease?'" The Brookings Institution has posted online this essay by Russell Wheeler.
Posted at 10:25 AM by Howard Bashman


"Attorney General appeals restraining order on labor law; Van Hollen asks appeals court to lift judge's temporary order": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "In a case that appears bound for the state Supreme Court, Attorney General J.B. Van Hollen on Monday asked the state appeals court to lift a Dane County judge's hold on a law sharply curtailing public union bargaining."
Posted at 10:22 AM by Howard Bashman


"Wiley Rein to Partner with George Mason University School of Law in Launch of Supreme Court Clinic": Wiley Rein LLP issued this news release today.
Posted at 10:12 AM by Howard Bashman


Access online today's U.S. Supreme Court rulings in argued cases: The Court today issued two rulings in argued cases.

1. Justice Sonia Sotomayor delivered the opinion for a unanimous Court in Matrixx Initiatives v. Siracusano, No. 09-1156. You can access the oral argument via this link.

2. And Justice Stephen G. Breyer delivered the opinion of the Court in Kasten v. Saint-Gobain Performance Plastics Corp., No. 09-834. Justice Antonin Scalia issued a dissenting opinion, in which Justice Clarence Thomas joined except as to a footnote. Justice Elena Kagan did not participate in the decision. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Court says lawsuit over Zicam can continue" and "Court says complaints don't have to be written."
Posted at 10:03 AM by Howard Bashman



"Supreme Court debate focuses on rancor among current justices; Collective bargaining battle looms over race for Wisconsin's high court": This article appears today in The Milwaukee Journal Sentinel.
Posted at 09:58 AM by Howard Bashman


"9th Circuit rules that fibs can be protected speech; The appeals court strikes down the 2005 Stolen Valor Act that makes it a crime to lie about top military decorations; The action also vacates a Pomona man's sentence for falsely claiming to have been awarded the congressional Medal of Honor": Carol J. Williams has this article today in The Los Angeles Times.

And The Associated Press has a report headlined "Federal court: Stolen Valor Act unconstitutional."

My earlier coverage of yesterday's Ninth Circuit order denying rehearing en banc can be accessed here.
Posted at 09:54 AM by Howard Bashman



"Barry Bonds jury seated - openings set for today": Lance Williams has this article today in The San Francisco Chronicle.

Today in The San Jose Mercury News, Howard Mintz and Bruce Newman have an article headlined "Barry Bonds jury: lukewarm on baseball and BALCO."

The New York Times contains an article headlined "After Day Of Questions, Bonds Trial Has a Jury."

And The Associated Press has reports headlined "Opening statements set to begin in Bonds trial" and "Jurors' privacy, public's rights to know collide."
Posted at 09:46 AM by Howard Bashman



Monday, March 21, 2011

Programming note: Early Tuesday morning, I will be meeting with co-counsel in connection with an oral argument that I will be presenting on Wednesday morning to a three-judge panel of the Superior Court of Pennsylvania.

At 10 a.m. eastern time Tuesday, the U.S. Supreme Court is scheduled to issue one or more decisions in argued cases. You can access the new opinions via this link once the Court posts them online.

In addition, "SCOTUSblog" is likely to offer prompt coverage of today's opinions.

Additional posts will appear here later Tuesday morning.
Posted at 11:05 PM by Howard Bashman



"Court to Hear Case Stalled by Mistake in Mailroom": 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 says no to campaign finance review, yes to death row inmate appeal."

And Bill Mears of CNN.com reports that "Justices to weigh whether inmate should die after mailroom snafu."
Posted at 10:40 PM by Howard Bashman



"Supreme Court Decides -- Narrowly -- Against Hearing Enviro Search Case": Lawrence Hurley of Greenwire has this report.
Posted at 10:26 PM by Howard Bashman


"Eight women, four men picked for Bonds jury": The Associated Press has this report.
Posted at 10:23 PM by Howard Bashman


"For Law Students With Everything, Dog Therapy for Stress": This article will appear Tuesday in The New York Times.
Posted at 10:22 PM by Howard Bashman


"Judge Bruce Zager prepares for move to Iowa Supreme Court": The Waterloo-Cedar Falls Courier has this news update.
Posted at 10:20 PM by Howard Bashman


"Court asked to find mental retardation burden unconstitutional": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "A lawyer for a convicted killer said Georgia should no longer be the only state in the country that sets the highest legal threshold possible for death-penalty defendants who raise mental retardation claims."
Posted at 10:18 PM by Howard Bashman


In the March 2011 issue of the Harvard Law Review: Law professor Bert I. Huang has an article titled "Lightened Scrutiny." The article presents "empirical evidence suggesting a causal link between judicial burdens and the outcomes of appeals."

And a Note is titled "From Consensus to Collegiality: The Origins of the 'Respectful' Dissent."
Posted at 10:07 PM by Howard Bashman



"Supreme Court restores California rape conviction, rebukes appeals court; The justices rebuke the 9th Circuit Court of Appeals for overturning Steven Jackson's conviction; Hinting at irritation, the high court calls the earlier opinion 'inexplicable'": David G. Savage of The Los Angeles Times has this news update.

And Bob Egelko of The San Francisco Chronicle has a news update headlined "Rape case: Court tosses 9th Circuit racism ruling."
Posted at 09:08 PM by Howard Bashman



"Argument recap: Selling complexity; The Court explores a professor's complex argument to protect the integrity of the Court's Fourth Amendment precedents." Lyle Denniston has this post at "SCOTUSblog."
Posted at 09:04 PM by Howard Bashman


"Once in the Public's Hands, Now Back in Picasso's": Adam Liptak will have this new installment of his Sidebar column in Tuesday's edition of The New York Times.
Posted at 09:02 PM by Howard Bashman


Ninth Circuit denies rehearing en banc in case involving federal Stolen Valor Act, spawning interesting concurrences and dissents: You can access today's order of the U.S. Court of Appeals for the Ninth Circuit denying rehearing en banc, the concurrences thereto, and the dissents therefrom at this link.

A total of seven judges noted their dissent from the denial of rehearing en banc. And Chief Judge Alex Kozinski has written a characteristically entertaining opinion concurring in the denial of rehearing en banc.
Posted at 01:56 PM by Howard Bashman



Access online the transcript of today's U.S. Supreme Court oral argument in Davis v. United States, No. 09-11328: Law professor Orin S. Kerr of "The Volokh Conspiracy" argued the case for the petitioner. You can access the transcript at this link. The oral argument audio is scheduled for public release this Friday afternoon.
Posted at 01:46 PM by Howard Bashman


"Judge Clark embodied the law": Fifth Circuit Judge Leslie H. Southwick had this op-ed in last Thursday's edition of The Clarion-Ledger of Jackson, Mississippi.
Posted at 12:20 PM by Howard Bashman


"Barry Bonds steroid case goes to trial; The former Giants slugger is accused of lying when he denied using performance-enhancing drugs": Maura Dolan has this article today in The Los Angeles Times.

Today's edition of The New York Times contains an article headlined "All-Star Teams in Bonds Case: The Lawyers."

The Wall Street Journal reports that "Home-Run King Goes on Trial; Barry Bonds's Perjury and Obstruction Case Stems From Sports-Doping Probe."

USA Today reports that "Bonds trial begins, putting steroid era back in spotlight."

The Associated Press reports that "Barry Bonds perjury trial gets under way."

And Howard Mintz of The San Jose Mercury news is posting his live dispatches from the trial at this link.
Posted at 12:15 PM by Howard Bashman



"Appeals court in NYC reinstates wiretaps lawsuit": The Associated Press has a report that begins, "A federal appeals court in New York City has reinstated a lawsuit challenging a law that lets the United States eavesdrop on overseas conversations."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 10:50 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 granted review today in two new cases and requested the views of the Solicitor General's office in one case.

The Court today also issued a unanimous per curiam opinion in Felkner v. Jackson, No. 10-797, reversing a decision of the U.S. Court of Appeals for the Ninth Circuit.

And in Huber v. New Jersey Dept. of Environmental Protection, No. 10-388, Justice Samuel A. Alito, Jr. issued a statement respecting the denial of certiorari, in which the Chief Justice and Justices Antonin Scalia and Clarence Thomas joined.

In early news coverage, The Associated Press has reports headlined "Court: Can man be executed after paperwork mix-up?"; "Court: Can officials be sued for false testimony?"; "Court won't stop Fed from revealing loan data"; and "Court won't get involved in Eminem royalty suit."
Posted at 10:03 AM by Howard Bashman



"Marina may sink or swim with final appeal": This article appears today in The Stockton (Cal.) Record.

And Pacific Legal Foundation has issued a news release headlined "Businessman petitions to Supreme Court as feds sink his Stockton marina project."
Posted at 09:02 AM by Howard Bashman



"Abortion battles spring up nationwide as states test the limits of Roe v. Wade": CBSNews.com has this report.
Posted at 08:55 AM by Howard Bashman


Sunday, March 20, 2011

"Calif county clerk defends gay marriage ban": The Associated Press has this report.
Posted at 10:17 PM by Howard Bashman


"Army slow to act as crime-lab worker falsified, botched tests": Marisa Taylor and Michael Doyle of McClatchy Newspapers have this report.
Posted at 09:54 AM by Howard Bashman


"Arizona execution appeals focus on drug used; Last-ditch efforts center on anesthetic concerns": This article appears today in The Arizona Republic.
Posted at 09:52 AM by Howard Bashman


"Barry Bonds trial: Expect a 'heavyweight' fight." Lance Williams has this article today in The San Francisco Chronicle.

And The Associated Press reports that "Bonds goes on trial Monday for 2003 testimony."
Posted at 09:48 AM by Howard Bashman



"Bill holds writers liable for trespass; Lawmakers blame injuries on guidebooks when people are lured onto private property": This article appears today in The Honolulu Star-Advertiser.
Posted at 09:42 AM by Howard Bashman


Saturday, March 19, 2011

"Supreme Court tensions boil over; Prosser says he was goaded into insulting chief justice": In Sunday's edition of The Milwaukee Journal Sentinel, Patrick Marley will have an article that begins, "As the deeply divided state Supreme Court wrestled over whether to force one member off criminal cases last year, Justice David Prosser exploded at Chief Justice Shirley Abrahamson behind closed doors, calling her a 'bitch' and threatening to 'destroy' her."
Posted at 11:27 PM by Howard Bashman


"The Business of the Court: Liberals say the Supreme Court has a pro-corporate bias; Are they right?" Damon W. Root has this essay online at Reason.com.
Posted at 09:40 AM by Howard Bashman


"Showdown on Wal-Mart sex-discrimination case: Supreme Court ruling could open the door for broader use of statistics to prove job bias." David G. Savage has this article today in The Chicago Tribune.
Posted at 09:38 AM by Howard Bashman


Friday, March 18, 2011

"The judge who writes like a paperback novelist": In last Friday's edition of The Toronto Globe and Mail, Kirk Makin had an article that begins, "A prominent judge whose decisions are sometimes reminiscent of crime novels is causing a rumble amongst traditionalists who favour solemn rulings. Ontario Court of Appeal Judge David Watt, a jurist once known for using complex sentence structure and legalistic embellishment, has transformed himself into a writer more in the vein of American best-selling novelist Elmore Leonard."
Posted at 10:35 PM by Howard Bashman


"Contracts can't stop class actions in B.C., top court says": The Toronto Globe and Mail has a news update that begins, "The Supreme Court of Canada ruled Friday that a B.C. woman has the right to launch a class-action lawsuit against her cellphone provider -- even though her mobile-service contract waived her right to sue."

Postmedia News reports that "Supreme Court overrules B.C. top court, says consumers can join class actions despite signed contracts."

And CBC News reports that "B.C. consumers can't sign away class-action right; Supreme Court rules against clause in Telus service contract."

You can access today's 5-4 ruling of the Supreme Court of Canada at this link.
Posted at 08:26 PM by Howard Bashman



"Bonds perjury trial set to begin Monday": MLB.com has this report.
Posted at 08:17 PM by Howard Bashman


"Mysterious Justice": In this upcoming Sunday's edition of The New York Times Magazine, Emily Bazelon will have an essay that begins, "Five years into his tenure, Justice Samuel Alito is the one conservative on the Supreme Court without a flashy legal signature."
Posted at 08:14 PM by Howard Bashman


"Argument preview: Police and changing law." Lyle Denniston has this post at "SCOTUSblog."
Posted at 06:10 PM by Howard Bashman


"First juror selected for Joshua Komisarjevsky trial is a Yale doctor": This article appears today in The New Haven Register.
Posted at 06:00 PM by Howard Bashman


"DOJ Weighs Supreme Court Challenge in GPS Surveillance Dispute": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 01:57 PM by Howard Bashman


"D.C. Circuit Nominee Caitlin Halligan to Argue Before U.S. Supreme Court on Monday": Judith E. Schaeffer has this post at the "Text & History" blog of the Constitutional Accountability Center.
Posted at 01:54 PM by Howard Bashman


"The off-color personalized license plates that are banned in Illinois": The Chicago Sun-Times contains this article today. The newspaper has also published a list of the personalized license plates that Illinois will not allow you to have.
Posted at 01:50 PM by Howard Bashman


"Northwestern at odds with star professor; E-mails raise questions about how Medill Innocence Project director handled potential evidence": This article appears today in The Chicago Tribune.

The Daily Northwestern has an article headlined "NU removes David Protess as professor of Investigative Journalism in spring; 'Disappointed' Protess: No reason given, unclear if new class will focus on wrongful convictions."

And The Associated Press reports that "Innocence Project professor pulled from class."
Posted at 01:42 PM by Howard Bashman



"U.S. Dist. Judge Bernice Donald of Memphis breezes through confirmation hearing": Yesterday's edition of The Memphis Commercial Appeal contained an article that begins, "A federal judge from Memphis who has been nominated to the Sixth U.S. Circuit Court of Appeals breezed through her confirmation hearing before a congressional panel on Wednesday."
Posted at 09:18 AM by Howard Bashman


"State Supreme Court to former justices: Wait three years." MinnPost.com has this report on an order that the Supreme Court of Minnesota issued last Friday.
Posted at 09:16 AM by Howard Bashman


"Supreme Court agrees to hear niqab case": The Canadian Press has a report that begins, "The Supreme Court of Canada has agreed to hear the case of a woman who wanted to wear a niqab while testifying."
Posted at 09:14 AM by Howard Bashman


"Plan to split Florida Supreme Court clears a committee": The St. Petersburg Times contains this article today.

And The Tampa Tribune reports today that "House wants to give Scott sole power to appoint judges."
Posted at 09:12 AM by Howard Bashman



"Vander Plaats continues campaign against 4 remaining justices": This article appears today in The Quad-City Times of Davenport, Iowa.
Posted at 09:10 AM by Howard Bashman


Thursday, March 17, 2011

Seventh Circuit reverses entry of summary judgment in favor of the City of Chicago in civil rights class action suit filed by protesters against the Iraq war: Circuit Judge Richard A. Posner wrote the opinion for a unanimous three-judge panel. The opinion features two Google Maps images.

Judge Posner offers this practice pointer for appellate advocates:

We'll state the facts as favorably to the plaintiffs as the record permits, as we must given the procedural posture. The statements of facts in the defendants' briefs present the evidence they'd like a jury to accept, rather than just the evidence that, being unrefuted or irrefutable, provides a permissible basis for a grant of summary judgment. Such a mode of presentation is unhelpful to the court.
No doubt it pains many advocates to actually set forth the evidence in the light most favorable to the opposing party in an appellate brief, but failing to do so (when it is necessary to do so under the applicable standard of review) can inflict real harm on your own client's chances of prevailing on appeal.
Posted at 02:37 PM by Howard Bashman


"From Shady to Dark: One Year Later, Shady Grove's Meaning Remains Unclear." Attorneys Jack E. Pace III and Rachel J. Feldman have this interesting article in the Spring 2011 issue of Antitrust magazine, a publication of the American Bar Association.
Posted at 11:54 AM by Howard Bashman


"Supreme Court Lecture Recalls Amish School Case": Mark Walsh has this post today at the "School Law" blog of Education Week.
Posted at 10:28 AM by Howard Bashman


"Pennsylvania - New Important Allocatur Grant": This post appears today at the "Drug and Device Law" blog. My most recent earlier coverage appears at this link.
Posted at 10:26 AM by Howard Bashman


"TriMet loses free speech case over bus, train ads -- again": Today's edition of The Oregonian contains an article that begins, "Atheism. Booze. Sex. Charlie Sheen reruns. Political agendas. Anyone selling anything can keep plastering TriMet buses and MAX trains with ads, despite the transit agency's objections."

You can access yesterday's ruling of the Oregon Court of Appeals at this link.
Posted at 08:36 AM by Howard Bashman



"Let judicial candidates speak freely": This editorial appears today in The Las Vegas Review-Journal.

And in somewhat related commentary, today's edition of The Kansas City Star contains an editorial entitled "Stop political takeover of judicial selection in Kansas."
Posted at 08:34 AM by Howard Bashman



"SF lesbian wife's benefits denial upheld by judge": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal judge refused Wednesday to order the government to provide insurance benefits to the wife of a lesbian court employee in San Francisco, coverage the Obama administration has denied because of a law the president considers unconstitutional."

Dan Levine of Reuters reports that "Lesbian U.S. employee set back in benefits fight."

And The Recorder reports that "Court Employee Loses Bid to Get Spousal Benefits."

Lambda Legal has issued a news release titled "Judge Dismisses Federal Family Benefits Case, Invites Lambda Legal to File New DOMA Complaint" and has posted yesterday's ruling of the U.S. District Court for the Northern District of California at this link.
Posted at 08:15 AM by Howard Bashman



"No jurors seated on Day 1 of Komisarjevsky proceedings as many admit to having strong emotions about the case": The New Haven Register contains this article today.

And The Hartford Courant reports today that "No One Picked In 1st Day Of Jury Selection In Cheshire Trial; Komisarjevsky's Appearance So Changed, Prosecutor Didn't Recognize Him."
Posted at 08:00 AM by Howard Bashman



"Executions in Doubt in Fallout Over Drug": This article appears today in The New York Times.

Today in The Atlanta Journal-Constitution, Bill Rankin reports that "Executions on hold for now in Georgia."

And The Houston Chronicle reports that "Texas to change death cocktail for condemned inmates."
Posted at 07:50 AM by Howard Bashman



Wednesday, March 16, 2011

"Voters may decide to make major changes in Florida's courts": Today's edition of The Gainesville Sun contains an article that begins, "Leander Shaw would never have finished his term as the first African-American chief justice on the Florida Supreme Court if the judicial changes lawmakers want to impose had been in place when he served."

And in today's edition of The Orlando Sentinel, columnist Scott Maxwell has an op-ed entitled "Politicians vs. judiciary: A misguided war" that begins, "State House Speaker Dean Cannon says they threaten the freedom and liberty of Americans. U.S. Rep. Sandy Adams says they disregard our 'national sovereignty.' Are they talking about Al-Qaida? Osama bin Laden? No. American judges."
Posted at 10:30 PM by Howard Bashman



"Judge Lubbie Harper Approved For Supreme Court": The Hartford Courant has this news update.
Posted at 10:22 PM by Howard Bashman


"Selecting Jury for Bonds Is Hard in Giants Country": This article will appear Thursday in The New York Times.
Posted at 10:14 PM by Howard Bashman


"White House Intensifies Search for Next FBI Chief": Evan Perez has this article today in The Wall Street Journal. According to the article, D.C. Circuit Judge Merrick B. Garland is among those under consideration for the post.
Posted at 09:08 PM by Howard Bashman


"Clarence Thomas' Legal Challenges Continue to Build -- Will the Next Come From Congress?" Andrew Reinbach has this entry at "The Huffington Post."

A related video clip featuring Tom Goldstein interviewed on Fox News can be accessed via this link.
Posted at 09:03 PM by Howard Bashman



"Sam Alito: Setting the 'Empathy Standard' for the Supreme Court." John Paul Rollert has this entry at "The Huffington Post."
Posted at 09:00 PM by Howard Bashman


"Defense costs in Cheshire triple killing exceed $2 million": This article appears today in The New Haven Register.

The Hartford Courant has a news update headlined "Judge Seals Witness List In 2nd Cheshire Case; Komisarjevsky's Appearance So Changed, Prosecutor Didn't Recognize Him."

And The Associated Press reports that "Jury selection starts in Conn. home invasion trial."
Posted at 11:12 AM by Howard Bashman



"TSA Admits Bungling of Airport Body-Scanner Radiation Tests": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 11:06 AM by Howard Bashman


"Sotomayor: Inequality in Education Biggest Hurdle to Diversity; During a Q&A, Sotomayor called her confirmation process in 2009 'horrible' and 'grueling.'" Amaris Elliott-Engel of The Legal Intelligencer has this report.
Posted at 10:12 AM by Howard Bashman


"Justice Department opposes fast track on Virginia's health-care suit": Jim Nolan has this article today in The Richmond Times-Dispatch.
Posted at 10:11 AM by Howard Bashman


"Delaware law on abortion trapped in legal limbo; Ban after 20 weeks is unconstitutional": This article appears today in The Wilmington News Journal.
Posted at 10:02 AM by Howard Bashman


"Wal-Mart Gender Bias Case May Mean 'Rough Justice' for Companies": Greg Stohr of Bloomberg News has this report.
Posted at 09:58 AM by Howard Bashman


"The Court's Recusal Problem": This editorial appears today in The New York Times.
Posted at 09:52 AM by Howard Bashman


"Ga. executions off: DEA seizes critical drug": The Associated Press has this report.

And today's edition of The Atlanta Journal-Constitution reports that "DEA seizes Georgia's supply of lethal injection drug."
Posted at 09:47 AM by Howard Bashman



Tuesday, March 15, 2011

"Muslim defendant can sue over hijab removal": Bob Egelko of The San Francisco Chronicle has this news update.

And The Orange County Register has a news update headlined "Appeals court rules defendant had right to wear Muslim head scarf."

My earlier coverage of today's en banc Ninth Circuit ruling appears at this link.
Posted at 10:56 PM by Howard Bashman



"Supreme Court Justices Are Nerds; Mel Gibson Somehow Involved": Nick Greene has this post at the "Runnin' Scared" blog of The Village Voice.
Posted at 09:02 PM by Howard Bashman


"Jailed 6 years as argument rages over expert witness": Joseph A. Slobodzian has this article today in The Philadelphia Inquirer.
Posted at 09:00 PM by Howard Bashman


"State's justices to take to the radio airwaves": Today's edition of The Des Moines Register contains an article that begins, "The Iowa Supreme Court, which had three justices ousted by unhappy voters in November, is trying another tack in an effort to improve communications with the public."
Posted at 08:52 PM by Howard Bashman


"Take the Plain-English Push With a Grain of Salt": Attorney Martin J. Siegel has this appellate advocacy essay in today's issue of Texas Lawyer.
Posted at 08:32 PM by Howard Bashman


"Appeals court reinstates case by Muslim over scarf": The Associated Press has a report that begins, "A federal appeals court unanimously reinstated a lawsuit Tuesday filed by a Muslim woman who accused Southern California jailers of violating her religious freedom when they ordered her to take off her head scarf in a courthouse holding cell."

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

My earlier coverage of the original three-judge panel's ruling in this matter appeared in a post titled "Chief Judge Alex Kozinski's judicial hotness has finally been enshrined in an appellate opinion."
Posted at 04:44 PM by Howard Bashman



"Judicial Leaders Warn Of 'Dire' Budget Concerns": At "The BLT: The Blog of Legal Times," Mike Scarcella has a post that begins, "Calling the lack of a budget a 'dire situation,' the chairman of the Judicial Conference executive committee warned today that a government shutdown could bring litigation to a halt with delayed jury trials, limited pre-trial services and deferred payments to court-appointed lawyers."

The Associated Press reports that "Federal courts face shutdown as well under impasse."

And the Administrative Office of the U.S. Courts today issued a news release titled "Judicial Leaders Hear Concerns Over Funding."
Posted at 04:40 PM by Howard Bashman



Supreme Court of Pennsylvania grants review to determine what types of negligence claims can be brought against the manufacturer of a dangerous prescription drug: In this case, known as Lance v. Wyeth, both the plaintiff and the defendant had sought Pa. Supreme Court review of various aspects of the Pa. Superior Court's ruling, which you can access here.

By means of an order entered today, the Pa. Supreme Court granted each side's petition for allowance of appeal, accepting for review the issues as phrased by the each side.

Defendant Wyeth phrased the issues on which it sought review as follows:

(1) Whether the Superior Court erred in creating a new claim for "negligent design defect" of a prescription drug, despite Plaintiff-Respondent Patsy Lance's repeated waiver of that claim?

(2) Whether the Superior Court's creation of a new cause of action for "negligent design defect" conflicts with this Court's settled precedent limiting product liability claims against manufacturers and sellers of prescription drugs?

(3) Whether the Superior Court's creation of a new cause of action for "negligent design defect" should properly be argued before this Court because it may affect hundreds or thousands of cases and ignores that: (a) plaintiffs in design defect cases must plead and prove a "feasible alternative design"; and (b) there should be deference to regulatory authorities?

Plaintiff Lance phrased the issues on which she sought review as follows:
(1) Did the Superior Court err in holding, in an acknowledged conflict with the U.S. Court of Appeals for the Third Circuit's prediction of Pennsylvania law, that Pennsylvania law would not recognize a claim against a prescription drug manufacturer for negligent failure to test to discover a prescription drug's actual harmful side-effects?

(2) Did the Superior Court err in holding that Pennsylvania law would not recognize claims against a manufacturer of a prescription drug, which the federal Food and Drug Administration ultimately ordered withdrawn from the market as too dangerous for any potential users, for negligently marketing that drug and for negligently failing to withdraw that drug from the market?

I served as plaintiff's appellate lawyer on appeal to the Pa. Superior Court and will be continuing to serve as plaintiff's appellate lawyer before the Pa. Supreme Court. I previously linked to online copies of the opposing parties' petitions for allowance of appeal in this earlier post. Plaintiff's answer in opposition to Wyeth's petition for allowance of appeal can be accessed here.

Finally, the Pa. Supreme Court's docket entries evidencing today's grants of review in this case can be accessed here.

Update: The Pa. Supreme Court's order granting review can now be accessed online at this link.
Posted at 04:02 PM by Howard Bashman



"Filings in the Federal Judiciary Continued to Grow in Fiscal Year 2010": The Administrative Office of the U.S. Courts issued this news release today.
Posted at 03:17 PM by Howard Bashman


Programming note: I will be one of the panelists on a lunchtime CLE program taking place today in Philadelphia. Additional posts will appear here this afternoon.
Posted at 10:28 AM by Howard Bashman


"Court denies two Secret Service agents immunity from Beaver Creek man's wrongful-arrest lawsuit": In today's edition of The Denver Post, Felisa Cardona has an article that begins, "Two U.S. Secret Service agents who arrested a Beaver Creek man for allegedly harassing former Vice President Dick Cheney in 2006 were denied immunity from a federal lawsuit by the 10th U.S. Circuit Court of Appeals on Monday."

And The Associated Press has a report headlined "Federal court: Colorado man can sue Secret Service."

You can access yesterday's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 09:12 AM by Howard Bashman



Monday, March 14, 2011

"Administration wants to slow health care challenge": The Associated Press has a report that begins, "The Obama administration says the Supreme Court should not permit Virginia to sidestep a federal appeals court in the state's challenge to the health care law."

And at "SCOTUSblog," Lyle Denniston has a post titled "U.S.: Wait on health care review."
Posted at 09:04 PM by Howard Bashman



"MLB Umpire Injured by Foul Ball Awarded $775K in Suit Against Sporting Goods Company": Zoe Tillman has this post at "The BLT: The Blog of Legal Times."
Posted at 05:30 PM by Howard Bashman


"Appeal denied in school Confederate clothing case": The Associated Press has a report that begins, "A federal appeals court has refused to rehear a suit by an Anderson County high school student who was punished for wearing Confederate clothing."

You can access at this link today's order of the U.S. Court of Appeals for the Sixth Circuit denying rehearing en banc and the dissent therefrom of Circuit Judge Danny J. Boggs.

My earlier coverage of the original three-judge panel's ruling can be accessed here.
Posted at 03:00 PM by Howard Bashman



"Senior judges keep 9th Circuit courthouses open; As federal caseloads soar and judgeships go unfilled because of a recalcitrant Congress, some retired judges continue to handle cases; Many are in their 80s": Carol J. Williams has this article today in The Los Angeles Times.
Posted at 02:04 PM by Howard Bashman


"Judge Posner Dissents on Mock Trials": Jess Bravin has this post today at WSJ.com's "Washington Wire" blog.
Posted at 11:24 AM by Howard Bashman


"Supreme Night Court: Judges Relax By Trying the Fictitious and the Dead; Justice Kennedy Puts Hamlet in the Dock; Lights, Action and, in This Case, Cameras." Jess Bravin has this article today in The Wall Street Journal.
Posted at 07:44 AM by Howard Bashman


Sunday, March 13, 2011

"Family fights to sue Bank of America after Woburn man's suicide; Many investors unknowingly sign away their right to sue": This article appears today in The Boston Globe.
Posted at 08:42 PM by Howard Bashman


"An ethics code for the high court": Nan Aron will have this op-ed Monday in The Washington Post.
Posted at 08:40 PM by Howard Bashman


"Supreme Court decision on sentencing guidelines gives judges more leeway": Robert Barnes will have this article Monday in The Washington Post.
Posted at 08:36 PM by Howard Bashman


"More have unfavorable view of Vander Plaats": Today's edition of The Des Moines Register contains an article that begins, "Bob Vander Plaats, the Iowa social conservative leader and three-time candidate for the Republican governor's nomination, traded off unfamiliarity for unfavorability during his go-for-broke campaign to oust three Iowa Supreme Court justices in last year's retention vote."
Posted at 10:33 AM by Howard Bashman


"Former Utah justice Zimmerman offers Zen to the masses": Last Tuesday's edition of The Salt Lake Tribune contained this article.
Posted at 10:24 AM by Howard Bashman


"10th Circuit Court opening could allow Obama to balance the appointments": This article appears today in The Denver Post.
Posted at 10:05 AM by Howard Bashman


"Under the U.S. Supreme Court: Bradley Manning, WikiLeaks martyr?" Michael Kirkland of UPI has this report.
Posted at 10:02 AM by Howard Bashman


"Matthew Snyder's mother: 'Glad free speech prevailed' in Supreme Court case; She did not support the lawsuit against picketers, and hopes her son will not be connected to 'a vile group of people.'" This article appears today in The York (Pa.) Sunday News.
Posted at 10:00 AM by Howard Bashman


Saturday, March 12, 2011

"Justices have been siding with workers, underdogs; Although the Supreme Court is often viewed as pro-business and conservative, it has taken the other side in several recent cases; Observers call it a useful reminder that the court isn't predictable": David G. Savage will have this article Sunday in The Los Angeles Times.
Posted at 11:23 PM by Howard Bashman


"Boies, Clement join NFL legal team": The Associated Press has a report that begins, "The NFL is making two additions to its legal team - David Boies, who represented Al Gore during the recount fight in the disputed 2000 presidential election, and former U.S. Solicitor General Paul Clement."

And Sunday's edition of The New York Times will contain articles headlined "The Shutdown Pushes the Fight for Field Position Into the Courtroom" and "Court in Minnesota Has Been a Home Field for a League's Labor Disputes."
Posted at 10:57 PM by Howard Bashman



"All the Aggregation That's Fit to Aggregate: How much more of itself can the media consume?" Bill Keller will have this essay in tomorrow's edition of The New York Times Magazine.
Posted at 12:38 PM by Howard Bashman


"Commonwealth Court denies Forum theater's expansion plans": The Philadelphia Inquirer today contains an article that begins, "The Forum, one of Philadelphia's last pornographic movie theaters, was denied permission Friday to turn its building into a full-service emporium with nude dancers and rooms for private encounters, after Commonwealth Court struck down a zoning variance that had outraged surrounding Center City neighborhoods."

You can access yesterday's unpublished ruling of the Commonwealth Court of Pennsylvania at this link.
Posted at 11:34 AM by Howard Bashman



"Court Papers: Komisarjevsky Told Police That Hayes Set Deadly Fire; Part Of Cheshire Defendant's Statement To Police Released For 1st Time." This article appears today in The Hartford Courant.

Today's edition of The New Haven Register contains an article headlined "'There was no reason for them to die'; Komisarjevsky, in offer to plead guilty, says Hayes lit fire in Petit home."

And The Associated Press reports that "Home invasion defendant offers to plead guilty."
Posted at 09:50 AM by Howard Bashman



"Man not told he'd be deported can withdraw plea": Bob Egelko has this article today in The San Francisco Chronicle.

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:45 AM by Howard Bashman



"Texas Supreme Court to rehear Open Beaches case": This article appears today in The Galveston County Daily News.

And The Houston Chronicle reports today that "High court will revisit its ruling on beach access; Harris County among entities pushing the move."

My earlier coverage of yesterday's development appears at this link.
Posted at 09:42 AM by Howard Bashman



"Dismissed lawsuit blamed on 'dumb jurors'": Yesterday's edition of The Toronto Star contained an interesting article that begins, "The technical term for the problem plaguing Bonita and Michael Maher's slip-and-fall lawsuit for the past three years might just be 'dumb jurors.' But thanks to a three-word Supreme Court of Canada pronouncement dismissing their case on Thursday, we may never know."
Posted at 09:36 AM by Howard Bashman


"Consensus reigns in high court's early decisions": Mark Sherman of The Associated Press has this report.
Posted at 09:26 AM by Howard Bashman


"The Supreme Court and the health-care mandate muddle": Columnist George F. Will will have this op-ed Sunday in The Washington Post.
Posted at 09:14 AM by Howard Bashman


"Computer mess jeopardizes court's political clout": The Associated Press has a report that begins, "Critics of a costly new computer system planned for the California courts are calling for a halt to the project."
Posted at 09:12 AM by Howard Bashman


Friday, March 11, 2011

"Appeals court speeds up health overhaul appeal": The Associated Press has a report that begins, "A federal appeals court has agreed to act swiftly in considering a Florida judge's ruling that President Obama's health care overhaul is unconstitutional."
Posted at 11:09 PM by Howard Bashman


"Ex-judge Camp sentenced to 30 days in prison": Bill Rankin of The Atlanta Journal-Constitution has this news update.
Posted at 06:22 PM by Howard Bashman


Eleventh Circuit orders expedited briefing in federal healthcare mandate appeal from a Florida federal district court's decision striking down that law: You can access the briefing order that the U.S. Court of Appeals for the Eleventh Circuit issued today by clicking here.

Earlier today, at "SCOTUSblog," Lyle Denniston had a related post titled "Faster health care appeal asked; Challengers to the new federal health care law urge the Eleventh Circuit Court to hear the case before the full, en banc court, and to do so in June -- a quicker timetable than the government had sought."
Posted at 06:15 PM by Howard Bashman



"Five arrested in alleged plot to kidnap, kill Alaska State Troopers, judge": The Fairbanks Daily News-Miner today contains an article that begins, "Five people, including militia activist Schaeffer Cox, were arrested Thursday in the Fairbanks area for allegedly conspiring to kill multiple Alaska State Troopers and a federal judge."

And The Anchorage Daily News has an update headlined "Five charged in alleged plot to kidnap or kill troopers, judge; Scheme targeted judge and state troopers, officials say."
Posted at 02:05 PM by Howard Bashman



Supreme Court of Texas grants rehearing to reconsider whether state officials can seize private property that suddenly moves onto public beaches because of erosion from hurricanes or storms: Today's order granting rehearing in the case can be accessed here (scroll down).

The Supreme Court of Texas issued its original ruling in the case, consisting of a majority opinion and a dissenting opinion, on November 5, 2010. This blog's earlier coverage of that ruling can be accessed here.

It is worth noting that the case arrived at the Supreme Court of Texas on certified questions from the U.S. Court of Appeals for the Fifth Circuit.

Suffice it to say that it's not every day that a federal appellate court certifies questions to the highest court of a State, the state court proceeds to answer the questions, and then some four months later the state high court grants rehearing to reconsider the answers that it previously provided.
Posted at 11:54 AM by Howard Bashman



"Monkey in woman's bra makes waves at Amherst courthouse": This article appears today in The News and Advance of Lynchburg, Virginia.
Posted at 11:34 AM by Howard Bashman


Thursday, March 10, 2011

"Court Unlikely to Halt 'Nude' Airport Body Scanners": At Wired.com's "Threat Level" blog, David Kravets has a post that begins, "A federal appeals court on Thursday appeared unlikely it would block the use and ongoing deployment of the so-called 'nude' airport body scanners, which the government maintains are necessary to protect the airways from terrorists."
Posted at 11:22 PM by Howard Bashman


"Virginia health care hearings set: The Fourth Circuit Court schedules May 10 hearings for two Virginia cases testing the constitutionality of a key provision of the new federal health care law." Lyle Denniston has this post at "SCOTUSblog."
Posted at 11:07 PM by Howard Bashman


Fourth Circuit schedules oral argument on constitutionality of federal healthcare mandate for May 10, 2011: You can access the notice of oral argument that the U.S. Court of Appeals for the Fourth Circuit issued today by clicking here.

The federal district court's ruling in favor of the federal government in this case can be accessed here.
Posted at 04:40 PM by Howard Bashman



No, the White House has not nominated six judges for the Tenth Circuit: Rather, as the title of yesterday's press release states, "President Obama Nominates Steve Six to the United States Circuit Court."

And The Lawrence Journal-World reports today that "Obama nominates former Kansas Attorney General Steve Six to replace Tacha on federal appeals bench."

Of course, The Topeka Capital-Journal could not resist spawning confusion yesterday in a news update headlined "Six nominated to Court of Appeals."
Posted at 04:11 PM by Howard Bashman



"Group says body scanners an 'unreasonable search'": The Associated Press has a report that begins, "A privacy rights advocacy group told appellate judges Thursday that the use of full-body scanners as a first line of defense at airport security checkpoints is an 'unreasonable search' in violation of passengers' civil rights."

The case was argued today before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.
Posted at 03:08 PM by Howard Bashman



"Lessons From the Rubashkin Amicus Debacle: The Government's About-Face Calls for a DOJ Policy on Friend-of-the-Court Briefs." Attorneys Anthony J. Franze and R. Stanton Jones have this post today at "The Legal Pulse" blog of the Washington Legal Foundation.
Posted at 03:04 PM by Howard Bashman


"Ninth Circuit Judge Mary M. Schroeder to Assume Senior Status": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 02:54 PM by Howard Bashman


"Gun Advocates Step In to Oppose D.C. Circuit Pick": David Ingram has this post at "The BLT: The Blog of Legal Times."
Posted at 01:28 PM by Howard Bashman


"High court takes First Amendment copyright case": David L. Hudson Jr. has this news analysis online at the First Amendment Center.
Posted at 12:28 PM by Howard Bashman


"Case of Ashland-based Islamic charity offers window into government's approach to labeling terrorist groups": This article appears today in The Oregonian.

And The Associated Press has a report headlined "Treasury: Terrorist list explanations too tedious."

You can access via this link (10.8MB Windows Media audio file) the audio of yesterday's Ninth Circuit oral argument in the Al Haramain Islamic Foundation case.
Posted at 11:52 AM by Howard Bashman



Prepare the cone of silence: At his "Under the Radar" blog at Politico.com, Josh Gerstein has a post titled "Justice Department plans to use secret code in leak trial."
Posted at 09:54 AM by Howard Bashman


"Child Observers and Bryant -- a GVR." Law professor Richard D. Friedman has this post at "The Confrontation Blog."
Posted at 08:46 AM by Howard Bashman


"The Supreme Court's Shrinking Election Law Docket, 2001-2010: A Legacy of Bush v. Gore or Fear of the Roberts Court?" Law professor Richard L. Hasen (author of the "Election Law Blog") has posted this article online at SSRN (via "Legal Theory Blog").
Posted at 08:44 AM by Howard Bashman


"Airport 'Nude' Body Scanners: Are They Effective?" David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 08:40 AM by Howard Bashman


"International law is foreign: Ban foreign law from courts; We make our own laws." In today's edition of The Washington Times, U.S. Representative Sandy Adams (R-FL) has an op-ed that begins, "In recent years, Supreme Court justices have interjected international law into their rulings, creating an environment of disregard for national sovereignty and threatening the institutions put in place by our forefathers."
Posted at 08:37 AM by Howard Bashman


"Wal-Mart Workers' Group Seeks Scalia's Recusal From Court Case": Greg Stohr of Bloomberg News has this report.
Posted at 08:30 AM by Howard Bashman


"Couple can't sue over 'staring' condo neighbour; Former strata president allegedly looked into suite 200 times a year": Today's edition of The Vancouver Sun contains an article that begins, "Residents of a condominium on Vancouver's west side cannot seek damages in court over a 'staring' neighbour, the B.C. Court of Appeal ruled this week."

You can access Tuesday's ruling of the Court of Appeal for British Columbia at this link.
Posted at 08:25 AM by Howard Bashman



"House committee sets 60 percent vote re-election standard for judges": This article appears today in The Orlando Sentinel.
Posted at 08:17 AM by Howard Bashman


"Des Moines lawyer is named to panel he's suing by Branstad": Today's edition of The Des Moines Register contains an article that begins, "Gov. Terry Branstad has appointed a lawyer to the Iowa Judicial Nominating Commission who is suing the commission on behalf of several Iowans. Branstad chose William R. Gustoff of Des Moines to serve on the commission, which selects the finalists for vacancies on the Iowa Court of Appeals and Iowa Supreme Court."

And in somewhat related news, The Omaha World-Herald reports today that "Vander Platts visits the Bluffs."
Posted at 08:16 AM by Howard Bashman



Wednesday, March 9, 2011

"Justice Scalia Objects": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 10:57 PM by Howard Bashman


Seventh Circuit strikes Brief for Appellants containing more than the permissible number of words, summarily affirms, but declines to impose any additional sanctions: Circuit Judge Richard A. Posner issued this ruling today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 02:56 PM by Howard Bashman


"Cole bombing suspect to face military tribunal at Guantanamo; Abd al Rahim al Nashiri, the suspected mastermind of the 2000 bombing of a U.S. destroyer in a Yemen port that killed 17 sailors, will be the first Guantanamo detainee to be tried by military commission during the Obama administration": Richard A. Serrano and David G. Savage have this article today in The Los Angeles Times.
Posted at 08:22 AM by Howard Bashman


"Republican-backed legislation bans abortion after 20 weeks in Minnesota; Lawmakers say fetal pain is motivation": This article appears today in The St. Paul Pioneer Press.
Posted at 08:10 AM by Howard Bashman


"Judge dismisses challenge to gay marriage barriers; Hennepin County judge said a 1971 state Supreme Court ruling and state law prohibit same-sex marriage": The Minneapolis Star Tribune contains this article today.
Posted at 08:07 AM by Howard Bashman


"The Empire strikes back in copyright row: Judges forced to rule on who owns Stormtrooper helmet." This article appears today in The Daily Mail (UK).
Posted at 08:05 AM by Howard Bashman


"Specter Reinvents Himself as a Solo Practitioner": Gina Passarella of The Legal Intelligencer has this report.
Posted at 08:03 AM by Howard Bashman


"James Madison U.'s Elimination of 10 Sports Teams Was Legal, Appeals Court Affirms": The Chronicle of Higher Education has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
Posted at 07:38 AM by Howard Bashman


Tuesday, March 8, 2011

"U.S. Appeals Ruling Striking Down Health-Care Law Over Insurance Mandate": Bloomberg News has this report.
Posted at 10:30 PM by Howard Bashman


"Pa. high court OKs King of Prussia casino": The Philadelphia Inquirer has this news update.

And The Bucks County Courier Times has a news update headlined "Court approves Valley Forge Casino."

Today's 3-2 ruling of the Supreme Court of Pennsylvania consists of a majority opinion and two dissenting opinions (here and here).
Posted at 09:00 PM by Howard Bashman



"Their Own Private Hell: Will the Supreme Court's evolving view of privacy undermine the First Amendment?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:37 PM by Howard Bashman


"AmEx Can't Bar Merchants' Class Actions, Appeals Court Says": Bloomberg News has this report on a ruling that a two-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.

This case, which the Second Circuit considered on GVR from the U.S. Supreme Court, is another in a line of cases addressing the interplay between arbitration and class action practice.
Posted at 05:44 PM by Howard Bashman



Transcript of the recent Third Circuit reargument en banc in which I participated: Today, the transcript of last month's reargument en banc of the challenge to the class certification of the De Beers antitrust settlement was electronically filed, and you can access a copy of that oral argument transcript by clicking here. The audio of the en banc reargument remains available online via this link (81.5MB Windows Media audio file).

On February 25, 2011, I had a post titled "Handouts and demonstratives at an appellate oral argument" in which I linked to Class Counsel's motion for leave to file the handout that Class Counsel had wanted to use at oral argument and the response that I filed to that motion.

Within hours after I filed that response, Class Counsel filed a document titled "Motion by Appellees to Strike Portions of Appellant Quinn's Unauthorized Brief in the Guise of a Response to Motion to file Handouts." In the alternative, Class Counsel's motion stated that " Appellees respectfully request leave to file a response to the points raised in the unauthorized brief and that there be no further reply by Quinn."

Moments ago, and two days before my response to the motion to strike was due, the Third Circuit issued an order denying the motion to strike, allowing Class Counsel to file a response by a specified date, denying Class Counsel's request that my client be prohibited from filing any reply, and consequently allowing my client to file a reply by a specified date.
Posted at 05:33 PM by Howard Bashman



"Al-Haramain appeal to be heard by 9th circuit court": Today's edition of The Mail Tribune of Medford, Oregon contains an article that begins, "Federal appeals court judges will convene Wednesday in Portland to hear arguments over whether the federal government violated the U.S. Constitution in designating Pete Seda's defunct Ashland-based Al-Haramain Islamic Foundation chapter as a terrorist organization in 2004."
Posted at 03:44 PM by Howard Bashman


"Calif. high court grapples with defining pimp": The Associated Press has this report.
Posted at 03:40 PM by Howard Bashman


"Justices again rein in exemption to FOIA": Tony Mauro has this news analysis online at the First Amendment Center.
Posted at 01:24 PM by Howard Bashman


"Iowa courts struggling with application of U.S. Supreme Court ruling; Family of man convicted in 1994 when he was 17 hope federal decision can lead to parole": This article -- the first in a two-part series -- appears online at the web site of The Iowa Independent.
Posted at 11:48 AM by Howard Bashman


"High court ruling will establish groundwork for hepatitis outbreak trials": Today's edition of The Las Vegas Review-Journal contains an article that begins, "Nurses can do a lot of things, but they can't testify as experts about the cause of a hepatitis C outbreak, an attorney told the Nevada Supreme Court on Monday."

And in other news from Nevada, The Las Vegas Sun reports today that "Chief justice touts budget savings of Nevada Supreme Court."
Posted at 11:46 AM by Howard Bashman



"Government Does An About Face on Amicus Brief in Rubashkin v. U.S." The Washington Legal Foundation's "Legal Pulse" blog has this post.

My earlier coverage of this matter can be accessed here.
Posted at 11:40 AM by Howard Bashman



"Top jurist urges review of 'coercive' plea bargaining system": Kirk Makin has this article today in The Toronto Globe and Mail.
Posted at 11:35 AM by Howard Bashman


"Supreme Court Declines to Take Puerto Rico Canal Case": Lawrence Hurley of Greenwire has this report.
Posted at 10:04 AM by Howard Bashman


"House Speaker Dean Cannon wants to expand state Supreme Court to 10 justices, two panels": The St. Petersburg Times today contains an article that begins, "Under a dramatic overhaul of the state court system proposed by House Speaker Dean Cannon on Monday, Gov. Rick Scott could end up choosing three new Supreme Court justices."
Posted at 10:02 AM by Howard Bashman


"Indian Island case could remain tied up in courts despite Supreme Court ruling": Today's edition of The Peninsula Daily News of Port Angeles, Washington contains an article that begins, "The U.S. Supreme Court ruled Monday that the Navy cannot use a particular exemption in the Freedom of Information Act to withhold explosives data and maps showing extent of damage if there were an explosion at Naval Magazine Indian Island."

The Leader of Port Townsend, Washington reports today that "Supreme Court rules 8-1 against Navy in public records request for info on Naval Magazine Indian Island."

The Seattle Times reports that "High court rules rules against Navy in Wash. state ammo depot case; A Lake Forest Park man's U.S. Supreme Court case becomes a big win for freedom of information."

And at his "Under the Radar" blog at Politico.com, Josh Gerstein has a post titled "Major transparency win at Supreme Court."
Posted at 09:57 AM by Howard Bashman



"Sonia Sotomayor on Dating, Deciding, and Being the Newest Supreme Court Justice": James Warren has this blog post online at The Atlantic, reporting on Justice Sonia Sotomayor's appearance yesterday at Northwestern University School of Law.

The Daily Northwestern also mentions Justice Sotomayor's visit in an article headlined "Schapiro: Sex toy scandal does not define Northwestern."
Posted at 09:48 AM by Howard Bashman



"Next chapter in recopyright law: Supreme Court." Today's edition of The Denver Post contains an article that begins, "After a 10-year journey through the legal minor leagues, a Denver symphony conductor's suit against the federal government has made it to law's biggest stage."
Posted at 09:44 AM by Howard Bashman


"What Are Your Chances of Winning on Appeal?" The March 2011 installment of my "On Appeal" column, which you can access by clicking here, appears in today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

This month's column begins, "One thing that the administrators who help run appellate courts are good at is statistics."
Posted at 09:32 AM by Howard Bashman



Monday, March 7, 2011

"Supreme Court Deciding Whether Congress May Copyright Public Domain Works": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 10:33 PM by Howard Bashman


"Backers of CA gay marriage ban dismiss Obama stand": The Associated Press has this report.
Posted at 10:32 PM by Howard Bashman


"Justices Allow Inmates To Sue for DNA Testing": 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 opens way for prisoners to try to gain access to DNA evidence."

In Tuesday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Justices rule for death row inmate who wants DNA testing; The Supreme Court says Texas inmate Hank Skinner can pursue his legal fight for DNA tests he says could prove him innocent."

Joan Biskupic of USA Today has a news update headlined "Supreme Court rules in favor of prisoners in DNA case."

The Houston Chronicle has a news update headlined "High court OKs DNA challenge for Texan."

Bill Mears of CNN.com reports that "Supreme Court says Texas inmate has right to DNA testing."

Ariane de Vogue of ABCNews.com reports that "Supreme Court Rules in Favor of Death-Row Inmate Seeking DNA Evidence; Henry 'Hank' Skinner Can Challenge His Conviction as a Civil Rights Claim."

Greg Stohr of Bloomberg News reports that "DNA Evidence Bid Supported in U.S. Supreme Court Ruling."

At Wired.com's "Threat Level" blog, David Kravets has a post titled "Condemned Inmate Wins Right to Seek DNA."

And at "SCOTUSblog," Lyle Denniston has a post titled "A limited DNA access plea allowed."
Posted at 08:44 PM by Howard Bashman



"High court rejects suit over 'In God We Trust'": Bob Egelko of The San Francisco Chronicle has this news update.
Posted at 08:33 PM by Howard Bashman


"No Crime, but an Arrest and Two Strip-Searches": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 08:22 PM by Howard Bashman


"A major test of copyright power: The Court agrees to examine whether Congress may restore copyright protection for a creative work once that legal shield has expired and the work has entered the public domain." Lyle Denniston has this post at "SCOTUSblog."

And the blog "Patently-O" has a post titled "Copyright: Supreme Court to Hear Constitutional Challenge to Copyright Restoration."
Posted at 05:06 PM by Howard Bashman



"Former 5th Circuit chief judge dies": The Associated Press has a report that begins, "Charles Edward Clark, who served 23 years on the 5th U.S. Circuit Court of Appeals including 11 years as chief judge, has died. He was 85."
Posted at 04:57 PM by Howard Bashman


"Obama restarts Guantanamo trials": The Associated Press has this report.

And one week ago today, Carol Rosenberg of The Miami Herald had an article headlined "Inside the convicts cellblock where war criminals stay at Guantanamo."
Posted at 03:32 PM by Howard Bashman



"Judge Hall died on February 26, 2011, before this opinion could be filed. She had previously circulated her dissent, with instructions to file it with the majority opinion." So states footnote one to a decision that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

Perhaps some readers of this blog will recall that the February 21, 2006 installment of my "On Appeal" column published at law.com was headlined "Dead Judges Voting: When Does Life Tenure End?" Of course, because a dissenting opinion doesn't really count for anything, issuing a dissent written by a judge who died before the decision was actually handed down is perhaps less objectionable and could even be viewed as a magnanimous act by the majority.
Posted at 02:18 PM by Howard Bashman



Articles of note available online from SSRN: Law professor Lucas S. Osborn has an article titled "Instrumentalism at the Federal Circuit" (via "Legal Theory Blog").

And professor Chris Edelson has an article titled "Judging in a Vacuum, or, Once More, Without Feeling: How Justice Scalia's Jurisprudential Approach Repeats Errors Made in Plessy v. Ferguson" (via "Legal Theory Blog").
Posted at 01:25 PM by Howard Bashman



"1960 anonymous-speech ruling still resonates": David L. Hudson Jr. has this news analysis online today at the First Amendment Center.
Posted at 12:15 PM by Howard Bashman


A not particularly law-related book containing many amazing photographs that recently arrived in the mail: Here at the nerve center of the "How Appealing" blog, books occasionally arrive in the mail, and often I'll put up a post noting their arrival if they might be of interest to this blog's readership.

Sometimes those books are written by appellate judges or news reporters who cover the courts or legal issues. At least once, I've linked to a book written by the wife of a judge. Last August, I linked here to my wife's book, which, I'm pleased to say, recently received a nomination for a 2010 Bram Stoker Award from the Horror Writers Association in the category "Superior Achievement in Nonfiction."

Today, I have the pleasure of linking to a book written by a former appellate client. The book is "Streamlined Irons," by Jay Raymond. You can read a very positive review of the book at this link. Wired.com's "Gadget Lab" blog had this post about the book. And you can view some sample pages from this very visually appealing book via this link.
Posted at 12:08 PM by Howard Bashman



"Top Georgia court upholds state's voter ID law": The Associated Press has this report on a ruling that the Supreme Court of Georgia issued today.
Posted at 10:24 AM by Howard Bashman


Access online today's Order List and rulings in argued cases of the U.S. Supreme Court: You can access today's Order List at this link. In big news, the Court has announced that Christine Luchok Fallon has been appointed Reporter of Decisions. The Court also granted review in one case.

The Court today issued three decisions in argued cases.

1. Justice Elena Kagan delivered the opinion of the Court in Milner v. Department of Navy, No. 09-1163. Justice Samuel A. Alito, Jr. issued a concurring opinion. And Justice Stephen G. Breyer issued a dissenting opinion. You can access the oral argument via this link.

2. Justice Alito delivered the opinion of the Court in Wall v. Kholi, No. 09-868. Justice Antonin Scalia issued a concurring opinion and did not join in footnote three of the opinion of the Court. You can access the oral argument via this link.

3. And Justice Ruth Bader Ginsburg delivered the opinion of the Court in Skinner v. Switzer, No. 09-9000. Justice Clarence Thomas filed a dissenting opinion, in which Justices Anthony M. Kennedy and Alito joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Court rules for inmate who wants DNA testing"; "High court rules vs. gov't in open records case"; "Court: Leniency request starts appeal clock"; "Court won't hear challenge to 'In God We Trust'"; and "Court won't hear appeal on 'Spygate' lawsuit."
Posted at 10:06 AM by Howard Bashman



"How the state Supreme Court building got its name": Bob Egelko has this blog post online at The San Francisco Chronicle.
Posted at 08:14 AM by Howard Bashman


"The values of Professor Liu": This editorial appears today in The Washington Post.
Posted at 08:10 AM by Howard Bashman


Sunday, March 6, 2011

"Feds: Ex-judge should go to prison for drug crimes." Greg Bluestein of The Associated Press has an article that begins, "Federal prosecutors say a former federal judge who pleaded guilty to two drug-related charges involving a stripper should serve at least 15 days in prison."

And The Times-Herald of Newnan, Georgia reported yesterday that "Former judge has court date March 11."
Posted at 10:30 AM by Howard Bashman



"Veteran federal judge visits drug gang's NYC turf": The Associated Press has a report that begins, "The scene in a gritty Brooklyn neighborhood had the feel of a political campaign stop, except the stately man trailed by aides, a bodyguard and two news photographers wasn't making speeches or working a crowd."
Posted at 10:25 AM by Howard Bashman


"'Most important case' for Georgia in decades": In today's edition of The Atlanta Journal-Constitution, Bill Rankin has an article that begins, "As far as legal arguments go, the stakes don't get much higher: water supply for more than 3 million people in metro Atlanta. On Wednesday, the state of Georgia will ask the federal appeals court in Atlanta to overturn a judge's ruling that found it illegal for the Army Corps of Engineers to draw water from Lake Lanier to meet most of the metro area's needs."
Posted at 10:24 AM by Howard Bashman


"Don't take Supreme Court ruling personally, AT&T": Columnist Linda P. Campbell had this op-ed last Wednesday in The Fort Worth Star-Telegram.

And online at The Atlantic, Ben Zimmer has a blog post titled "The Corpus in the Court: 'Like Lexis on Steroids,'" while law professor Garrett Epps has a blog post titled "Chief Justice John Roberts: Word Nerd."
Posted at 10:18 AM by Howard Bashman



"Why Obamacare will survive in the Supreme Court": Richard J. Bonnie and Andrew J. Peach have this op-ed today in The Richmond Times-Dispatch.
Posted at 10:12 AM by Howard Bashman


"Exhibit A, m'lud, a helmet for a stormtrooper; Man who created stormtrooper helmets is taken to Supreme Court by George Lucas": Today's edition of The Independent (UK) contains an article that begins, "The Stars Wars stormtrooper has terrified a generation of film-goers since the film director George Lucas launched them in a galaxy far, far away. Tomorrow the empire's henchmen will be at the centre of a battle in the UK's Supreme Court, when Lucas attempts to stop the British designer who made the first helmets from continuing to make and sell them."

And The Daily Mail (UK) contains an article headlined "From a galaxy far far away to a battle in court: British designer in fight over Star Wars stormtrooper copyright."
Posted at 10:09 AM by Howard Bashman



"Marijuana, guns and the law: State Supreme Court hears case of medical pot patient's concealed weapons permit." This article appeared Friday in The Mail Tribune of Medford, Oregon.
Posted at 10:05 AM by Howard Bashman


"Supreme Court takes up Sparks ethics case": Martha Bellisle has this article today in The Reno Gazette-Journal.
Posted at 09:57 AM by Howard Bashman


"Justice Samuel Alito, the Supreme Court's privacy cop": Law professor Jeffrey Rosen has this op-ed today in The Washington Post.

In related coverage, The Boston Globe reports today that "Mass. to maintain curbs on protests; AG says US ruling doesn't nullify law on funeral pickets."

The York (Pa.) Sunday News reports that "In Snyder v. Phelps, high court avoided Internet speech issue; An attorney for Albert Snyder contends the Supreme Court should have considered an online 'epic' written about his son by Westboro Baptist Church; Some say the court will address the issue in the future."

In The Detroit Free Press, columnist Mitch Albom has an op-ed entitled "Westboro case sounds right, but feels wrong."

And in The Newark (N.J.) Star-Ledger, columnist John Farmer has an op-ed entitled "Supreme Court abandoned good judgment in Snyder family case."
Posted at 09:55 AM by Howard Bashman



"Her baby wasn't expected to live, but Nebraska law banned abortion": This article appears today in The Des Moines Register.
Posted at 09:47 AM by Howard Bashman


"Under the U.S. Supreme Court: Justices get down, get funky with Tea Party." Michael Kirkland of UPI has this report.
Posted at 09:33 AM by Howard Bashman


Saturday, March 5, 2011

"Clarence Thomas' dangerous conceit: The Supreme Court justice argues that criticism of him is an attack on the court itself; But a single justice doesn't define the institution." Law professor Jonathan Turley will have this op-ed Sunday in The Los Angeles Times.
Posted at 11:38 PM by Howard Bashman


"Pulling together in cancer fight; In new facility, MIT and philanthropist unite diverse specialists in common quest": Yesterday's edition of The Boston Globe contained an article that begins, "The magnificent mile of science in Kendall Square greets its newest tenant today: A $211 million, glass-enveloped cancer research hub built with a major gift from David H. Koch -- the billionaire MIT alum, prostate cancer survivor, and noted backer of conservative causes." The newspaper also contained a related article headlined "Center's patron on hand for fete."

And in today's edition of The New York Times, Michael Cooper has an article headlined "Cancer Research Before Activism, Billionaire Conservative Donor Says."

You can access the home page of the David H. Koch Institute for Integrative Cancer Research at MIT by clicking here.
Posted at 09:57 AM by Howard Bashman



"Appeals may delay retrial in Orie case": This article appears today in The Pittsburgh Tribune-Review.

And The Pittsburgh Post-Gazette reports today that "Orie sisters' retrial scheduled for April 11."
Posted at 09:50 AM by Howard Bashman



"Republicans plan legal defense of marriage law; House Speaker John A. Boehner announces a House panel to initiate steps on behalf of the Defense of Marriage Act": Lisa Mascaro and David G. Savage have this article today in The Los Angeles Times.

The New York Times reports today that "House Republicans Move to Uphold Marriage Act."

And The Washington Post reports that "Boehner launches effort to defend gay-marriage ban."
Posted at 09:46 AM by Howard Bashman



"Feds' new indictment charges Loughner with 49 counts": This article appears today in The Arizona Republic. The newspaper has posted the indictment at this link.

The Los Angeles Times reports today that "Jared Loughner charged with murder in Arizona shootings; Jared Loughner is charged with killing Judge John Roll and an aide to Rep. Gabrielle Giffords, counts that could lead to the death penalty."

The New York Times reports that "Loughner Faces 49 Counts in Tucson Shootings."

The Washington Post reports that "Federal grand jury in Tucson shootings indicts Loughner on 46 new charges."

The Wall Street Journal contains an article headlined "New Charges for Tucson Suspect."

And The Associated Press reports that "Tucson suspect charged with murders of judge, aide."
Posted at 09:40 AM by Howard Bashman



"Harvard welcomes ROTC back to campus": The Boston Globe contains this article today.

The Boston Herald reports that "ROTC is back at Harvard."

And The Harvard Crimson reports that "Harvard Signs Agreement to Officially Recognize Naval ROTC; Agreement ends decades long standoff with the armed forces and the University."
Posted at 09:16 AM by Howard Bashman



"Armies of Expensive Lawyers, Replaced by Cheaper Software": This article appears today in The New York Times.
Posted at 09:05 AM by Howard Bashman


Friday, March 4, 2011

"Appeals court rejects 2nd Amendment argument by convicted felon": The Pittsburgh Tribune-Review has this news update reporting on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 10:30 PM by Howard Bashman


"Mistrial declared in Orie case; Judge finds defense submitted forged evidence": This article appears today in The Pittsburgh Post-Gazette.

And today's edition of The Pittsburgh Tribune-Review contains an article headlined "'Despicable' fraud leads to Orie mistrial."
Posted at 08:52 PM by Howard Bashman



"Former Solicitors General and the Supreme Court bar": Matt Sundquist has this post at "SCOTUSblog." His recent law review article on the same subject can be accessed here.
Posted at 08:40 PM by Howard Bashman


"D.C. Circuit Terminates ABA Suit Challenging 'Red Flags Rule'": Mike Scarcella has this post at "The BLT: The Blog of Legal Times" about a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 08:10 PM by Howard Bashman


"Judicial nominee logjam creates 'crisis' in some federal courts": Bill Mears of CNN.com has this report.
Posted at 09:32 AM by Howard Bashman


Thursday, March 3, 2011

"Impressions of the Bullcoming argument": Law professor Richard D. Friedman has this post at "The Confrontation Blog."
Posted at 10:12 PM by Howard Bashman


"SD governor says he'll likely sign abortion bill": The Associated Press has a report that begins, "South Dakota's governor said Thursday that he'll likely sign off on new abortion guidelines that would be some of the strictest in the country, requiring women to wait 72 hours before they could go through with the procedure and to submit to counseling about why they shouldn't."

And The Argus Leader of Sioux Falls, South Dakota has a news update headlined "Gov. Daugaard on abortion bill: 'I'm pro-life, inclined to sign it.'"
Posted at 08:24 PM by Howard Bashman



"Court hears challenge to Madoff loss calculations": The Associated Press has a report that begins, "A federal appeals panel reviewing a compensation plan for former clients of disgraced financier Bernard Madoff cast doubt on claims by the embattled owners of the New York Mets and other investors that they have a right to keep millions of dollars of fictitious profits."
Posted at 04:20 PM by Howard Bashman


"Judge in Mets kosher hot dog case recuses himself for fan cap": Today's edition of The New York Daily News contains an article that begins, "A federal judge overseeing a kosher food vendor's lawsuit against the Mets recused himself from the case Tuesday apparently because the plaintiff's lawyer spotted him wearing a Mets hat outside the courthouse."
Posted at 03:57 PM by Howard Bashman


"Altered documents lead Orie judge to declare mistrial": The Pittsburgh Tribune-Review has a news update that begins, "An Allegheny County judge declared a mistrial in state Sen. Jane Orie's corruption case after prosecutors accused the defense of submitting fraudulent documents during the trial."

The Pittsburgh Post-Gazette has a news update headlined "Mistrial declared in Orie case."

And The Associated Press reports that "Pa. judge declares mistrial over altered documents."
Posted at 03:54 PM by Howard Bashman



"Ex-Texas cheerleader takes appeal to Supreme Court": David L. Hudson Jr. has this essay online at the First Amendment Center.
Posted at 02:07 PM by Howard Bashman


"9th Circuit Court Judge Cynthia Holcomb Hall dies": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 12:20 PM by Howard Bashman


"Justices Rule for Protesters at Military Funerals": Adam Liptak has this article today in The New York Times. The newspaper also contains an editorial entitled "Even Hurtful Speech."

In today's edition of The Washington Post, Robert Barnes reports that "Supreme Court rules First Amendment protects church's right to picket funerals." The newspaper also contains an editorial entitled "The right to even ugly free speech."

David G. Savage of The Los Angeles Times reports that "Supreme Court sides with churchgoers who picketed military funeral; The justices say members of the Westboro Baptist Church in Kansas have the right to carry anti-gay and other signs at U.S. troops' funerals, however offensive their message may be considered."

Joan Biskupic and Kevin Johnson of USA Today report that "Westboro free-speech ruling has its limits."

The Washington Times reports that "Supreme Court upholds protests at military funerals as free speech."

The York (Pa.) Daily Record contains articles headlined "Albert Snyder rips Supreme Court's decision upholding Westboro funeral protest; The court, in an 8-1 ruling, said the First Amendment protected Westboro's speech at Marine's funeral; Snyder, the Marine's father, said the justices lacked common sense"; "From some, a grudging acceptance of Supreme Court's decision in Snyder v. Phelps; Rep. Todd Platts, however, criticized the court's ruling that Westboro Baptist Church's speech was protected by the First Amendment"; and "Alito says majority erred in Westboro church ruling; Justice holds allowing 'the brutalization of innocent victims' is not necessary to protect free speech."

The Topeka Capital-Journal reports that "Father of fallen Marine upset with court's ruling; Others put 8-1 U.S. Supreme Court's decision in perspective."

The Wichita Eagle reports that "Ruling dismays vets' supporters, Kan. lawmakers."

The Kansas City Star reports that "Justices uphold Topeka church's right to picket funerals."

The Des Moines Register reports that "Supreme Court ruling won't affect Iowa law on protests at military funerals."

And The Pittsburgh Tribune-Review reports that "Military funeral pickets cleared by Supreme Court."
Posted at 08:30 AM by Howard Bashman



"Inmates' rehab gains influence in Supreme Court decision favoring Iowan": This article appears today in The Des Moines Register.
Posted at 08:10 AM by Howard Bashman


"Will Senate ever vote on Goodwin Liu?" Politico.com has this report.
Posted at 08:06 AM by Howard Bashman


"Orie jury starts deliberating": This article appears today in The Pittsburgh Post-Gazette.

And The Pittsburgh Tribune-Review reports today that "Jurors begin deliberations on Orie."
Posted at 08:03 AM by Howard Bashman



"Defense Attorney: Witnesses Wary Of Testifying In 2nd Cheshire Trial." Today's edition of The Hartford Courant contains an article that begins, "Defense attorneys for Joshua Komisarjevsky say the widespread publicity surrounding the trial of the first man charged in the 2007 Cheshire triple killings has caused some witnesses to think twice about testifying at their client's upcoming trial."

And The Hartford Courant reports today that "Komisarjevsky lawyers to call up to 58 witnesses during trial."
Posted at 08:02 AM by Howard Bashman



Wednesday, March 2, 2011

"Liu Says Criticism of Alito Showed 'Poor Judgment'": David Ingram has this post at "The BLT: The Blog of Legal Times."
Posted at 10:08 PM by Howard Bashman


"'Nude' Airport Scanners: Are They Safe?": David Kravets has this post today at Wired.com's "Threat Level" blog.
Posted at 09:07 PM by Howard Bashman


"Fringe Westboro church to resume anti-gay protests": Reuters has a report that begins, "The fringe Westboro Baptist Church, which has infuriated many with anti-gay protests at funerals of U.S. soldiers, said on Wednesday it plans to continue demonstrating after winning a Supreme Court ruling."
Posted at 09:04 PM by Howard Bashman


"Rights group takes a step-by-step approach on gay marriage; Gay & Lesbian Advocates & Defenders, or GLAD, is arguing that it is unconstitutional to discriminate against gay couples who are already legally married; It hopes its incremental approach will lead to a broader ruling by the Supreme Court": David G. Savage of The Los Angeles Times has this news update.

And today in The San Francisco Chronicle Bob Egelko reports that "Kamala Harris says Obama's action dooms Prop. 8."
Posted at 09:00 PM by Howard Bashman



"Supreme Court rules in favor of former Iowa drug addict": The Des Moines Register has a news update that begins, "The U.S. Supreme Court ruled on Wednesday in favor of second chances for a former meth addict from Iowa, paving the way for thousands of one-time prisoners to have their good conduct and rehabilitation considered when being resentenced on appeal."
Posted at 08:54 PM by Howard Bashman


"Justices Appear to Back U.S. on Material Witness Law": Adam Liptak will have this article Thursday in The New York Times.

In Thursday's edition of The Wall Street Journal, Even Perez will have an article headlined "Justices Hear 9/11 Detention Case."

Bill Mears of CNN.com reports that "Court appears split over material witness law."

Jesse J. Holland of The Associated Press reports that "Court hears argument over post-9/11 arrest."

And online at Slate, Dahlia Lithwick has a Supreme Court dispatch entitled "Al-Kidding Aside: The Supreme Court's collective yawn at the case of a U.S. citizen's detention and mistreatment after Sept. 11."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Ashcroft v. al-Kidd, No. 10-98.
Posted at 08:50 PM by Howard Bashman



For the judges as umpires file: At ESPN.com, Jim Caple has a very interesting article (accompanied by a related video) headlined "Humbled by umpire school: Becoming an ump requires a lot of hard work, and the road to the majors is a long one."
Posted at 05:28 PM by Howard Bashman


"Federal Court Backs Students' 'Be Happy, Not Gay' Shirts": At the "School Law" blog of Education Week, Mark Walsh has a post that begins, "A federal appeals court has upheld $25 damages awards to two Illinois students who were barred by school officials from wearing T-shirts that said 'Be Happy, Not Gay' to protest a day meant to promote gay tolerance."

My earlier coverage of yesterday's Seventh Circuit ruling appears at this link.
Posted at 05:15 PM by Howard Bashman



"Alito is court's lonely voice on First Amendment": Mark Sherman of The Associated Press has this report.
Posted at 04:06 PM by Howard Bashman


"Blago gets immunity in horseracing civil case": The Chicago Sun-Times has this news update reporting on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued today.

Circuit Judge Diane S. Sykes wrote the majority opinion, from which Circuit Judge Richard A. Posner dissented.
Posted at 02:54 PM by Howard Bashman



Ed Whelan responds to Richard Painter's Huffington Post entry in support of Ninth Circuit nominee Goodwin Liu: At National Review Online's "Bench Memos" blog, Whelan has posts titled "Richard Painter's Deceptive Portrayal of Goodwin Liu--Part 1" and "Richard Painter's Deceptive Portrayal of Goodwin Liu--Part 2."

You can view this afternoon's Senate Judiciary Committee confirmation hearing live, online via this link after the hearing gets underway. The hearing is scheduled to begin at 2:45 p.m. eastern time.
Posted at 02:22 PM by Howard Bashman



"Justices Rule for Protesters at Military Funerals": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court rules First Amendment protects church's right to picket funerals."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court says anti-gay protesters have a right to demonstrate at military funerals."

The Baltimore Sun has a news update headlined "Country's high court says anti-gay church can protest at funerals; Opinion issued after members picketed a Maryland marine's service."

The Topeka Capital-Journal has a news update headlined "WBC applauds Supreme Court decision; Margie Phelps on free speech vs. privacy ruling : 'We follow the law.'"

Michael Doyle of McClatchy Newspapers reports that "Supreme Court upholds Westboro church's military funeral protests."

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court: 'hurtful speech' of Westboro Baptist Church is protected; Supreme Court Justice Alito is the lone dissenter in the 8-to-1 ruling on free-speech principles, saying the conduct of the Westboro Baptist Church 'caused petitioner great injury.'"

Greg Stohr of Bloomberg News reports that "Anti-Gay Funeral Protesters Win Case at U.S. Supreme Court."

James Vicini of Reuters reports that "Supreme Court allows military funeral anti-gay protests."

Brent Kendall of Dow Jones Newswires reports that "High Court Rules in Favor of Funeral Protesters."

And Bill Mears of CNN.com reports that "Supreme Court rules for anti-gay church over military funeral protests."
Posted at 02:00 PM by Howard Bashman



"Preliminary thoughts on the Bryant decision": Law professor Richard D. Friedman has this post at "The Confrontation Blog."

And at her "Court Beat" blog, USA Today's Joan Biskupic has a post titled "Confrontational Scalia on the Confrontation Clause."
Posted at 12:14 PM by Howard Bashman



Round two for Goodwin Liu: This afternoon, Ninth Circuit nominee Goodwin Liu is scheduled to make his second appearance before the Senate Judiciary Committee. The committee has several new members who have not previously questioned this nominee. The hearing is scheduled to start at 2:45 p.m. eastern time, and you will be able to access a live webcast via this link once the hearing gets underway.

Today at The Huffington Post, Richard Painter has a post titled "Qualified, Measured, and Mainstream: Why the Senate Should Confirm Goodwin Liu."

Earlier this week, Judith E. Schaeffer had a post titled "'Judicial Emergency': Goodwin Liu's Nomination Hits One Year."

And yesterday at National Review Online's "Bench Memos" blog, Ed Whelan had a post titled "On Goodwin Liu and Same-Sex Marriage."
Posted at 10:44 AM by Howard Bashman



Access online today's decisions of the U.S. Supreme Court in argued cases: The Court today issued two decisions in argued cases.

1. Justice Sonia Sotomayor delivered the opinion of the Court in Pepper v. United States, No. 09-6822. Justices Stephen G. Breyer and Samuel A. Alito, Jr. joined the opinion of the Court only in part. Justice Breyer issued an opinion concurring in part and concurring in the judgment. Justice Alito issued an opinion concurring in part, concurring in the judgment in part, and dissenting in part. Justice Clarence Thomas issued a dissenting opinion. And Justice Elena Kagan did not take part in the decision. You can access the oral argument via this link.

2. Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Snyder v. Phelps, No. 09-751. Justice Breyer issued a concurring opinion. And Justice Alito issued a dissenting opinion. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "High court rules for military funeral protesters" and "Court: Judges should consider rehabilitation."
Posted at 10:06 AM by Howard Bashman



"Parked trucker's boss liable for fatal crash": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "The employer of a trucker who illegally parked his rig alongside a freeway bears some responsibility for the death of a driver who lost control of his pickup and slammed into the truck, the state Supreme Court has ruled."

And Metropolitan News-Enterprise reports that "S.C. Revives Lawsuit Against Ralphs by Widow of Negligent Driver."

You can access Monday's ruling of the Supreme Court of California at this link.
Posted at 08:30 AM by Howard Bashman



"Orie takes stand a 2nd day; Jury may begin deliberating today in Republican senator's corruption case": This article appears today in The Pittsburgh Post-Gazette.

And The Pittsburgh Tribune-Review reports today that "Orie finishes testimony in corruption case."
Posted at 08:24 AM by Howard Bashman



"Unanimously, Supreme Court Backs Veterans in 2 Cases": Adam Liptak has this article today in The New York Times.

In today's edition of The Los Angeles Times, David G. Savage reports that "U.S. Supreme Court ruling extends federal job discrimination laws; The Supreme Court decision protects workers from bias from all of their supervisors."

Joan Biskupic of USA Today reports that "Supreme Court eases benefit deadline for vets."

And Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court: Hospital punished worker for being in Army Reserves; Vincent Staub said he was fired from his hospital job because his supervisors were hostile to his responsibilities in the Army Reserves; The Supreme Court ruled unanimously in his favor Tuesday."
Posted at 08:22 AM by Howard Bashman



"Supreme Court justices are talking more": Robert Barnes has this article today in The Washington Post.
Posted at 08:12 AM by Howard Bashman


"Cynthia Holcomb Hall dies at 82; U.S. 9th Circuit judge; Cynthia Holcomb Hall often ruled on the conservative side of issues but occasionally surprised observers by going the other way; She was also known for the ornamental gardens at the Pasadena courthouse": Carol J. Williams has this obituary today in The Los Angeles Times.
Posted at 08:02 AM by Howard Bashman


"Barry Bonds again pleads not guilty to perjury charges": Howard Mintz has this article today in The San Jose Mercury News.

In today's edition of The San Francisco Chronicle, Lance Williams has an article headlined "Barry Bonds' trainer warned: Testify or jail."

The New York Times has an article headlined "Risking Jail Time, Trainer Again Vows He Won't Testify Against Bonds."

And The Associated Press reports that "Bonds' trainer picks jail over stand, again."
Posted at 07:55 AM by Howard Bashman



"Court to hear argument over post-9/11 arrest": Mark Sherman of The Associated Press has this report.

And today's edition of The Washington Post contains an editorial entitled "High court should overturn Kidd v. Ashcroft."
Posted at 07:46 AM by Howard Bashman



Tuesday, March 1, 2011

"The question this appeal presents is whether Florida's license requirement for interior designers practicing in commercial settings within the state violates the United States Constitution." So begins a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 10:24 PM by Howard Bashman


"He'll Be Here All Week -- The verdict is in: Chief Justice John Roberts is hilarious." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 08:54 PM by Howard Bashman


"Appeals court green lights lawsuit against VOA": The Associated Press has a report that begins, "An appeals court has given a green light to a lawsuit by an ex-translator of U.S. broadcasts into Iran who was fired after making an Internet music video criticizing the Iraq War."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 06:00 PM by Howard Bashman



"Calif AG asks court to lift gay marriage stay": The Associated Press has a report that begins, "California's attorney general asked a federal appeals court on Tuesday to allow gay marriages to resume while the court considers the constitutionality of the state's ban on same-sex unions."
Posted at 04:44 PM by Howard Bashman


"Q: Do corporations have 'personal privacy'? A: No." Mark Liberman has this post at the "Language Log" blog.

At the blog "LAWnLinguistics: Not about the linguistics of lawns," Neal Goldfarb has a post titled "Decision in FCC v. AT&T."

And at "SCOTUSblog," Lyle Denniston has a post titled "A word game over 'privacy': The Court rules unanimously that corporations, as artificial persons, are not given a right of 'personal privacy' that shields from public disclosure records that they have had to turn over to government investigators."
Posted at 03:54 PM by Howard Bashman



"Is a 'stand-in' witness OK? The Court on Wednesday holds oral argument on one of the simplest issues involving the right to confront one's accusers at a criminal trial: may a different witness be substituted for the actual accuser?" Lyle Denniston has this oral argument preview at "SCOTUSblog."
Posted at 03:27 PM by Howard Bashman


"Court may not make ruling on child abuse case": The Associated Press has a report that begins, "The Supreme Court indicated Tuesday that it may not make a decision about whether child social workers need warrants to talk to potential victims of sex abuse at school."

At at the "School Law" blog of Education Week, Mark Walsh has a post titled "Justices Weigh School Interviews on Sex Abuse."

You can access the transcript of today's U.S. Supreme Court oral argument in Camreta v. Greene, No. 09-1454, by clicking here.
Posted at 03:24 PM by Howard Bashman



In today's mail: A copy of Ross Guberman's new book, "Point Made: How to Write Like the Nation's Top Advocates," published by Oxford University Press.
Posted at 02:57 PM by Howard Bashman


Judge Posner returns to high school: Well, not literally, of course, but he did issue this interesting decision today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 02:51 PM by Howard Bashman


Today's decisions of the U.S. Supreme Court in argued cases: The Court today issued three decisions in argued cases.

1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Henderson v. Shinseki. No. 09-1036, in which all other Justices joined except for Elena Kagan, who did not take part in the decision. You can access the oral argument via this link.

2. Justice Antonin Scalia delivered the opinion of the Court in Staub v. Proctor Hospital, No. 09-400. Justice Alito issued an opinion concurring in the judgment, in which Justice Clarence Thomas joined. You can access the oral argument via this link.

3. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in FCC v. AT&T Inc., No. 09-1279, in which all other Justices joined except for Elena Kagan, who did not take part in the decision. You can access the oral argument via this link.

In coverage of these rulings, The Associated Press has reports headlined "Court says veteran can appeal missed deadline"; "High court sides with fired Army reservist"; and "Court: No personal privacy for business in FOIA."
Posted at 02:34 PM by Howard Bashman



"High court tries to crack cocaine case": Columnist Dana Milbank has this op-ed online at The Washington Post.
Posted at 02:23 PM by Howard Bashman


"Ninth Circuit Court of Appeals Mourns Passing of Senior Judge Cynthia Holcomb Hall": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release today.
Posted at 01:52 PM by Howard Bashman


"U.S. Asks to Destroy Guns Owned by Blogger in Prison for Threats to Judges": Bloomberg News has a report that begins, "Federal prosecutors told a judge they want to destroy four firearms, including a Mossberg 12- gauge shotgun, owned by Hal Turner, the Internet radio host and blogger sentenced to 33 months in prison for threatening the lives of three U.S. appeals-court judges."
Posted at 01:50 PM by Howard Bashman


"'Dynamic' duo of Kagan, Sotomayor add vigor to court": Joan Biskupic has this article today in USA Today.
Posted at 01:48 PM by Howard Bashman


Programming note: Later this morning, I will be presenting an oral argument to a three-judge panel of the Superior Court of Pennsylvania.

At 10 a.m. eastern time today, the U.S. Supreme Court is scheduled to issue one or more opinions in argued cases. You can access those opinions via this link just as soon as the Court posts them online.

In addition, "SCOTUSblog" is likely to offer prompt coverage of today's rulings.

Additional posts will appear here this afternoon.
Posted at 06:11 AM by Howard Bashman



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