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Tuesday, May 31, 2011 "SEB Wins U.S. Supreme Court Patent Fight With Global-Tech": Greg Stohr and Susan Decker of Bloomberg News have this report. The Associated Press reports that "Home fryer maker wins high court patent case." And Law360 has a report headlined "Actual Knowledge Necessary For Inducement: High Court." "N.J. Senate Judiciary Committee approves Anne Patterson for state Supreme Court": The Newark Star-Ledger has this news update. And The Philadelphia Inquirer has a news update headlined "N.J. Supreme Court nominee sails through hearing." "Justice Breyer breaks collarbone in bike accident": The Associated Press has this report. Posted at 07:54 PM by Howard Bashman "Colorado Supreme Court to hear Ward Churchill's appeal for CU job": The Denver Post has this news update. The Boulder Daily Camera has a news update headlined "Ward Churchill's appeal to be heard by Colorado Supreme Court." And The Associated Press reports that "Colorado Supreme Court to hear Ward Churchill case." "Justices Block Suit Over Use of Material Witness Law": Adam Liptak of The New York Times has this news update. Robert Barnes of The Washington Post has a news update headlined "Supreme Court: Ashcroft not liable in detention of American Muslim post-9/11." David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court tosses out lawsuit accusing John Ashcroft of misusing his power; By an 8-0 vote, the Supreme Court says former Attorney General John Ashcroft did not clearly violate the 4th Amendment right against unreasonable searches and seizures; The case stemmed from the arrest of Abdullah al Kidd, who was held for two weeks, ostensibly so he could serve as a witness in a terrorism trial in Idaho." Joan Biskupic of USA Today has a news update headlined "Supreme Court rejects lawsuit against Ashcroft." The Washington Times has a news update headlined "Supreme Court: Ashcroft can't be sued over arrest." Michael Doyle of McClatchy Newspapers reports that "Supreme Court rules Ashcroft can't be sued in al Kidd case." And Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court: US Muslim cannot sue Ashcroft for 2003 detention ordeal; Former Attorney General John Ashcroft is entitled to qualified immunity and cannot be sued by an American Muslim detained under harsh conditions in 2003, the US Supreme Court ruled Tuesday." "Supreme Court Won't Consider Industry Challenge of EPA Carbofuran Ban": Lawrence Hurley of Greenwire has this report. Posted at 05:48 PM by Howard Bashman "Alito owned stock, voted in case with Disney's ABC": Mark Sherman of The Associated Press has this report. Posted at 05:46 PM by Howard Bashman "Administrative Office Head, Jim Duff, Announces Resignation": The Administrative Office of the U.S. Courts issued this news release today. College football fans will be relieved to learn that no tattoo parlor scandal is suspected as the cause for this development. And in other coverage, at "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "Duff Will Resign As A.O. Director This Summer." "US Asked To Weigh In On Cellphone Radiation Suit": Law360 has this report. Posted at 01:56 PM by Howard Bashman "Kloppenburg concedes election to Prosser": The Milwaukee Journal Sentinel has this news update. And The Associated Press reports that "Wis. Supreme Court challenger concedes defeat." Access online today's Order List and decisions in argued cases of the U.S. Supreme Court: You can access today's Order List at this link. The Court granted review in one case and requested the views of the Solicitor General's office in two cases. In addition, the Court today issued two decisions in argued cases. 1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Global-Tech Appliances, Inc. v. SEB S.A., No. 10-6. Justice Anthony M. Kennedy issued a dissenting opinion. You can access the oral argument via this link. 2. And Justice Antonin Scalia delivered the opinion of the Court in Ashcroft v. al-Kidd, No. 10-98. Justice Kennedy filed a concurring opinion, in which Justices Ruth Bader Ginsburg, Stephen G. Breyer, and Sonia Sotomayor joined in part. Justice Ginsburg issued an opinion concurring in the judgment, in which Justices Breyer and Sotomayor joined. And Justice Sotomayor issued an opinion concurring in the judgment, in which Justices Ginsburg and Breyer joined. Justice Elena Kagan did not take part in the ruling. You can access the oral argument via this link. In early news coverage, The Associated Press has reports headlined "High court throws out lawsuit against Ashcroft"; "Court to clarify witness identification rules"; "High court turns down new appeal from Conrad Black" and "High court lifts hold on Texan's execution." "The people do elect honest judges; A W.Va. case shows elected justices rise above partisanship": Chris Bonneau has this op-ed today in The Charleston (W. Va.) Daily Mail. Posted at 09:14 AM by Howard Bashman "Studying the Frequency of Redaction Failures in PACER": Timothy B. Lee had this post last week at the "Freedom to Tinker" blog hosted by Princeton's Center for Information Technology Policy (via "Law News Now" blog). Posted at 09:08 AM by Howard Bashman "MacAskill in new attack on Supreme Court rulings": The Herald of Scotland today contains an article that begins, "Justice Secretary Kenny MacAskill said UK Supreme Court judges should not interfere in Scots Law, when their knowledge of it was 'limited to a visit to the Edinburgh Festival.'" And BBC News reports that "Scottish government moves against UK Supreme Court." "Warrantless cell phone searches spread to more states": CNN.com has this report. Posted at 09:02 AM by Howard Bashman "Gov. Christie's Supreme Court nominee gets confirmation hearing following extended standoff": This article appears today in The Newark (N.J.) Star-Ledger. Posted at 09:00 AM by Howard Bashman Monday, May 30, 2011 "Groups Target Thomas' Wife's Work to Force Him to Sit Out High Court Rulings on Health Care": FoxNews.com has this report. Posted at 10:25 PM by Howard Bashman "Health care reform battle arrives here": The Cincinnati Enquirer has a news update that begins, "The trillion-dollar battle over reforming the nation's health care system comes is coming to downtown Cincinnati. Wednesday, three judges on the U.S. 6th Circuit Court of Appeals will hear arguments over the constitutionality of requiring Americans to buy health insurance or pay a penalty, a key feature of the Affordable Care Act that is a signature of Barack Obama's presidency." Posted at 10:24 PM by Howard Bashman "How It Became the United States of Justice Kennedy": Law professor Noah Feldman has this essay online at Bloomberg News. Posted at 10:18 PM by Howard Bashman "Jackpot awards still occur; Cap on damages has no affect on some big jury verdicts in Mississippi": This article appears today in The Clarion-Ledger of Jackson, Mississippi. Posted at 01:42 PM by Howard Bashman "Confirmation hearing set for Christie judicial nominee": Today's edition of The Philadelphia Inquirer contains an article that begins, "Gov. Christie's attempt to overhaul the New Jersey Supreme Court will finally get under way Tuesday, when confirmation hearings begin for a North Jersey corporate lawyer he nominated to the bench more than a year ago." Posted at 01:38 PM by Howard Bashman "Obama administration steps into insulin shot fight": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 01:36 PM by Howard Bashman "Justice Stevens Is Off the Bench but Not Out of Opinions": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times. Posted at 01:32 PM by Howard Bashman Justice and Mrs. Alito at today's Phillies vs. Nationals game: On the Comcast Sportsnet Philadelphia broadcast, you can see them when the dugout camera shows a left-handed batter standing at home plate. You can follow the live box score by clicking here. Update: I wasn't the only one who noticed. Second update: In a result befitting a U.S. Supreme Court Justice, the final score in the Phillies victory was 5-4. Third update: The blog "The 700 Level" provides photographic evidence. Sunday, May 29, 2011 "Don't fear the prison decision: California won't have to free dangerous criminals to meet the Supreme Court's mandate." Jeanne Woodford and Barry Krisberg have this op-ed today in The Los Angeles Times. And today in The Sacramento Bee, columnist Dan Morain has an op-ed entitled "Justice Anthony Kennedy knows prisons; so does former clerk Kelso." "Inching Closer to States' Rights": This editorial will appear Monday in The New York Times. Posted at 10:22 PM by Howard Bashman "No consent in unconscious sex case, Supreme Court rule": Yesterday's edition of The Toronto Globe and Mail contained an article that begins, "People cannot consent in advance to sexual activity that takes place while they are unconscious, the Supreme Court ruled Friday. The closely watched case involved an Ottawa man and his live-in partner of nine years who engaged in erotic asphyxiation. In a split 6-3 decision issued Friday, the court restored the man's conviction for sexual assault for performing a sex act on his girlfriend while she was unconscious." The Toronto Sun reported yesterday that "Top court rules against 'advanced consent.'" Yesterday's edition of The Vancouver Sun contained an article headlined "Top court interpretation of 'consent' really about sexual autonomy; Ruling addresses timing of permission to engage in sex." The Canadian Press reports that "Supreme Court rules unconscious woman can't give consent to sex." Reuters Canada reports that "Ruling clarifies meaning of consent in sex." CBC News has a report headlined "No consent in unconscious sex case: Supreme Court." And today in The Toronto Star, columnist Rosie DiManno has an op-ed entitled "Supreme Court's consent ruling infantilizes women." You can access Friday's ruling of the Supreme Court of Canada at this link. "Sotomayor Got $1.175 Million for Memoir, Forms Reveal": Adam Liptak had this article yesterday in The New York Times. Posted at 10:09 PM by Howard Bashman "Judge, lawyer nominated for federal appeals court; President Obama gets to choose either Justice Jon Levy or lawyer William Kayatta Jr. for the post": This article appeared yesterday in The Portland (Me.) Press Herald. Posted at 10:07 PM by Howard Bashman "Under the U.S. Supreme Court: I'm not a terrorist; I'm just the piano player." Michael Kirkland of UPI has this report. Posted at 10:04 PM by Howard Bashman Saturday, May 28, 2011 "Breyer Sold Wal-Mart Shares in Advance of Supreme Court Case": Greg Stohr of Bloomberg News has this report. Posted at 12:48 PM by Howard Bashman "The Reincarnation of Pro-Life": Emily Bazelon has this essay in tomorrow's issue of The New York Times Magazine. Posted at 12:15 PM by Howard Bashman "Va. judge rules against U.S. ban on direct corporate contributions to candidates": Robert Barnes has this article today in The Washington Post. The New York Times reports today that "Judge Voids Ban on Campaign Donations by Business." And The Wall Street Journal reports that "Court Lets Corporations Give to Candidates." "Loughner ruling creates potential obstacles on path to trial in Arizona shootings": The Washington Post today contains an article that begins, "The treatment to restore mentally unfit defendants to competence so that they can stand trial for heinous crimes is an uncertain science that, in a number of high-profile cases, has taken years -- and at times failed altogether." Posted at 10:58 AM by Howard Bashman "Justices' Arizona Ruling on Illegal Immigration May Embolden States": Today's edition of The New York Times contains this news analysis. Posted at 10:52 AM by Howard Bashman Friday, May 27, 2011 "Hangover Tattoo Lawsuit: Can You Copyright Flesh?" David Kravets has this post at Wired.com's "Threat Level" blog. Posted at 08:47 PM by Howard Bashman "US appeals court upholds Fla. med. malpractice cap": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today. Posted at 08:40 PM by Howard Bashman "Sotomayor gets nearly $1.2 million for memoir": The Associated Press has this report. Posted at 03:20 PM by Howard Bashman "Senate to Move Forward on Verrilli, Mueller Nominations": David Ingram has this post at "The BLT: The Blog of Legal Times." Posted at 02:26 PM by Howard Bashman "Roberts appoints 2 judges to seats on FISA court": The Associated Press has this report. Posted at 02:25 PM by Howard Bashman "U.S. moves to dismiss appeal in TMLC v. Obama as moot": Brad Joondeph has this post at the "aca litigation blog." And at "SCOTUSblog," Lyle Denniston has a post titled "U.S. moves to end health care case; The Obama Administration urges the Sixth Circuit Court to dismiss a pending challenge to the new health care law, arguing that those who sued have lost their right to pursue the case further." "Judge: Corporate donations ban unconstitutional." The Associated Press has this report. The Atlanta Journal-Constitution has a news update headlined "Federal judge strikes down ban on corporate giving to candidates." And at his "Election Law Blog," Rick Hasen has a post titled "Federal District Court, in Criminal Case, Holds That Ban on Direct Corporate Contributions to Candidates is Unconstitutional under Citizens United." That blog has posted the ruling at this link. "Justices Uphold Immigrant Law; States Can Shut Firms That Hire Illegal Workers": Jess Bravin and Miriam Jordan have this article today in The Wall Street Journal. Today in The Arizona Daily Star, Howard Fischer reports that "Justices OK Arizona's employer sanctions." And Warren Richey of The Christian Science Monitor reports that "Supreme Court upholds Arizona law designed to thwart illegal workers; Federal immigration law does not preempt the 2007 Legal Arizona Workers Act, the Supreme Court said Thursday; The ruling gives new momentum to state efforts to crack down on illegal immigration." Thursday, May 26, 2011 Fifth Circuit withdraws decision holding that the Americans with Disabilities Act does not validly abrogate state sovereign immunity with regard to the claims of disabled inmates who were denied access to prison educational and work programs: The Fifth Circuit's original ruling in the case, which issued in October 2010, can be accessed here. And my earlier coverage of that ruling can be accessed here. Today, however, the Fifth Circuit issued this revised three-judge panel ruling that avoids any holding on the issue of whether the ADA validly abrogated state sovereign immunity under the circumstances presented. "Not Getting Any Younger: President Obama's penchant for older judges scuttled Goodwin Liu." Law professor Micah Schwartzman has this jurisprudence essay online at Slate. Posted at 08:27 PM by Howard Bashman "Supreme Court upholds Arizona employer sanctions law": The Arizona Republic has this news update. Posted at 05:32 PM by Howard Bashman "Justices Uphold Law Penalizing Hiring of Illegal Immigrants": Adam Liptak of The New York Times has this news update. Robert Barnes of The Washington Post has a news update headlined "Supreme Court upholds Ariz. law punishing companies that hire illegal immigrants." Joan Biskupic of USA Today has a news update headlined "Supreme Court sustains Ariz. employer sanctions law." The Wall Street Journal has a news update headlined "Supreme Court Upholds Arizona Immigrant Law." And at "SCOTUSblog," Lyle Denniston has a post titled "Shared role on aliens' jobs." "U.S. Supreme Court Dismisses School Questioning Case": Mark Walsh has this post at the "School Law" blog of Education Week. Posted at 02:38 PM by Howard Bashman "'Business death penalty' for hiring illegal workers is upheld by Supreme Court; The 5-3 decision gives states more authority to act against illegal immigrants; Justices rule that states can take away the business licenses of companies that knowingly hire illegal immigrants": David G. Savage of The Los Angeles Times has this news update. Michael Doyle of McClatchy Newspapers reports that "Supreme Court upholds Arizona law punishing illegal immigrant hiring." James Vicini of Reuters reports that "Court backs Arizona business immigration law." And Bill Mears of CNN.com reports that "Supreme Court backs Arizona immigration law that punishes businesses." "Dane County judge strikes down collective bargaining law": The Milwaukee Journal Sentinel has a news update that begins, "A Dane County judge has struck down Gov. Scott Walker's legislation repealing most collective bargaining for public employees." You can access the ruling at this link. Posted at 10:55 AM by Howard Bashman Access online today's rulings of the U.S. Supreme Court in argued cases: The Court today issued four rulings in argued cases. 1. Justice Elena Kagan delivered the opinion of the Court in Camreta v. Greene, No. 09-1454. Justice Antonin Scalia filed a concurring opinion. Justice Sonia Sotomayor issued an opinion concurring in the judgment, in which Justice Stephen G. Breyer joined. And Justice Anthony M. Kennedy issued a dissenting opinion, in which Justice Clarence Thomas joined. You can access the oral argument via this link. 2. Justice Breyer delivered the opinion of the Court in United States v. Tinklenberg, No. 09-1498. Justice Scalia issued an opinion concurring in part and concurring in the judgment, in which the Chief Justice and Justice Thomas joined. Justice Kagan did not take part in the ruling. You can access the oral argument via this link. 3. Justice Breyer delivered the opinion of the Court in Fowler v. United States, No. 10-5443. Justice Scalia issued an opinion concurring in the judgment. And Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined. You can access the oral argument via this link. 4. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Chamber of Commerce of United States v. Whiting, No. 09-115. Justice Breyer issued a dissenting opinion, in which Justice Ginsburg joined. Justice Sonia Sotomayor also 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 sustains Ariz. employer sanctions law"; "Court overturns conviction in killing of officer"; and "Court: Pre-trial motions don't count in deadline." "Judges named to hear challenge to health care law": Bill Rankin has this article today in The Atlanta Journal-Constitution. And at "SCOTUSblog," Lyle Denniston has a post titled "Health care judge: A foe in the family; The judge who will preside over one of the major appeals on the new federal health care law has a foe of that law in the family -- a newly elected congresswoman from Alabama." "Judge finds Jared Loughner incompetent to stand trial": This article appears today in The Arizona Republic. Today's edition of The Arizona Star contains articles headlined "Accused shooter has outburst in court" and "About 30 Jan. 8 witnesses, survivors, relatives at hearing." The New York Times reports that "Suspect in Shooting of Giffords Ruled Unfit for Trial." The Washington Post reports that "Jared Lee Loughner ruled unfit for trial in Tucson rampage." The Los Angeles Times reports that "Jared Loughner mentally unfit for trial, judge rules; The suspect in Rep. Gabrielle Giffords' shooting in Tucson is sent back to a federal prison hospital for treatment and further evaluation; He could spend the rest of his life in federal mental health facilities." The Wall Street Journal reports that "Loughner Found Unfit for Trial." And The Christian Science Monitor reports that "Jared Loughner erupts in court before Judge declares him unfit to stand trial; A federal judge declared Jared Loughner not competent after reviewing 95 pages of reports and 18 hours of interviews; Loughner is accused of shooting 19 people in a January shooting spree." "Blocked by GOP, Liu gives up on federal judgeship": Bob Egelko has this article today in The San Francisco Chronicle. In today's edition of The Los Angeles Times, James Oliphant reports that "Obama court nominee Goodwin Liu withdraws after filibuster; UC Berkeley law professor Goodwin Liu's decision is a victory for Senate Republicans; The GOP said Liu would bring an expansive view of rights to an already liberal-leaning 9th Circuit Court of Appeals." The Washington Times reports that "Liu calls it quits in quest for judgeship." And in Tuesday's edition of The Chicago Tribune, law professor Geoffrey R. Stone had an op-ed entitled "Judicial filibusters: Partisanship run amok." "Feds' final pitch to add time to Fumo's sentence": This article appears today in The Philadelphia Daily News. Posted at 08:02 AM by Howard Bashman "Ending California prison overcrowding will be tall order": Howard Mintz has this article today in The San Jose Mercury News. Posted at 08:00 AM by Howard Bashman Wednesday, May 25, 2011 "2 of 3 appeals judges question Fumo sentence": The Philadelphia Inquirer has a news update that begins, "Former Democratic State Sen. Vincent J. Fumo seemed a step closer to a longer prison term after two appellate judges said Wednesday the sentencing of the disgraced politician in 2009 was rife with serious procedural errors." From the web site of the U.S. Court of Appeals for the Third Circuit, you can download the oral argument audio via this link. "Goodwin Liu withdraws appeals court nomination after Senate filibuster; The move is a victory for Senate Republicans": James Oliphant of The Los Angeles Times has this news update. The Wall Street Journal has a news update headlined "Liu Drops Bid to Be Federal Appeals Judge." The Daily Californian has a news update headlined "UC Berkeley professor withdraws nomination." Mark Sherman of The Associated Press reports that "Goodwin Liu withdraws appeals court nomination." Politico.com reports that "Goodwin Liu withdraws nomination." Online at Slate, Dahlia Lithwick has a jurisprudence essay entitled "Goodwin Liu Withdraws; President Obama's nominee to be a federal judge on the 9th Circuit takes himself out of consideration." The letter requesting withdrawal of the nomination can be accessed here. And earlier today, TPMDC reported that "Post-Liu Filibuster, California Dems Tell Reid To Break Out The Nuclear Option." "Ariz. shooting spree suspect incompetent for trial": The Associated Press has a report that begins, "A federal judge ruled Wednesday that the suspect in the Tucson shooting rampage that wounded U.S. Congresswoman Gabrielle Giffords is mentally incompetent to stand trial, putting the criminal case against him on hold indefinitely." The Arizona Republic has a news update headlined "Judge finds Jared Loughner incompetent to stand trial." And The Arizona Daily Star has a news update headlined "Loughner found incompetent to stand trial." "En banc review has declined during the past decade; Trend has troubling implications, since en banc review is usually only option for reconsidering major circuit panel rulings": Aaron S. Bayer had this essay in the May 9, 2011 issue of The National Law Journal. Posted at 02:46 PM by Howard Bashman "[W]e hold that the communications filmed for Crude and its outtakes were not covered by the attorney-client privilege when made due to the presence of the filmmakers at the time of the communications": The U.S. Court of Appeals for the Third Circuit has today issued its ruling in the case captioned In re: Application of Chevron Corp. Posted at 01:44 PM by Howard Bashman "Feds: Greed was motive in court bombing." This article appears today in The San Diego Union-Tribune. Posted at 10:34 AM by Howard Bashman Identities revealed of three-judge Eleventh Circuit panel assigned to hear and decide challenge to Patient Protection and Affordable Care Act: An anonymous source reports that the three-judge panel will consist of Chief Judge Joel F. Dubina and Circuit Judges Frank M. Hull and Stanley Marcus. Judges Hull and Marcus were both appointed to the Eleventh Circuit by President Clinton. Chief Judge Dubina was appointed to the Eleventh Circuit by the first President Bush. And don't let the fact that all three judges have seemingly male first names fool you, because Judge Hull is female. "Kentucky court says fathers of children conceived during affairs have parental rights": Today's edition of The Louisville Courier-Journal contains an article that begins, "Men who father a child during an affair with a married woman have the right to seek a role in the child's life, the Kentucky Supreme Court has ruled. In an emotionally charged decision that critics say will undermine marriage, the court reversed centuries of common law and its own 2008 ruling that held such children are presumed to be the offspring of the woman and her husband." You can access last Thursday's 4-3 ruling of the Supreme Court of Kentucky at this link. "Supreme Court ethics: A bill introduced by Rep. Christopher S. Murphy would subject Supreme Court justices to the same ethical rules that govern lower court judges." This editorial appears today in The Los Angeles Times. Posted at 08:36 AM by Howard Bashman "Former Kansas AG Steve Six dodges abortion questions at nomination hearings for federal appeals court judgeship": The Associated Press has this report. Posted at 08:33 AM by Howard Bashman "10th Circuit's Judge Tacha on Pay, Political Labels and Her Choice to Move On": Tony Mauro of The National Law Journal has this report. Posted at 08:32 AM by Howard Bashman "Prosecutors to argue for longer Fumo jail term": In today's edition of The Philadelphia Inquirer, Nathan Gorenstein has an article that begins, "Federal prosecutors will appear before a three-judge panel Wednesday to argue that former State Sen. Vincent J. Fumo, nearly midway through a 55-month sentence for corruption, should be resentenced to a longer term." Posted at 08:15 AM by Howard Bashman "Did CA same-sex marriage foes undermine own case?" Bob Egelko has this article today in The San Francisco Chronicle. Posted at 08:12 AM by Howard Bashman "Hoax Site Distressing for Victims of Shooting": According to an article that appears today in The New York Times, "Some conspiracy Web sites are claiming that the shootings that nearly killed Representative Gabrielle Giffords and did end the lives of a federal judge, a 9-year-old girl and four others never actually took place." Posted at 08:06 AM by Howard Bashman "Records suffice for breath evidence in DUI, court says": Today's edition of The Boston Globe contains an article that begins, "The state's highest court ruled yesterday that prosecutors in drunken driving cases do not have to call a technician to testify that the breath-analysis device used by police worked properly." You can access yesterday's Confrontation Clause-related ruling of the Supreme Judicial Court of Massachusetts at this link. "Was the Court Conned in Citizens United?" Trevor Potter has this op-ed online at Bloomberg News. Posted at 07:54 AM by Howard Bashman "U.S. official cites misconduct in Japanese American internment cases; Acting Solicitor Gen. Neal Katyal says one of his predecessors, Charles Fahy, deliberately hid from the Supreme Court a military report that Japanese Americans were not a threat in World War II": David G. Savage has this article today in The Los Angeles Times. And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "In DOJ Speech, Katyal Addresses Japanese Internment Cases." Tuesday, May 24, 2011 "Fifth Circuit Issues Proposed En Banc Rule, Addressing Previous Kerfuffle": Michelle Olsen has this post at her "Appellate Daily" blog. Posted at 03:05 PM by Howard Bashman "The question we consider under [the Fair and Accurate Credit Transactions Act] is the meaning of the words 'print' and 'electronically printed' in connection with an emailed receipt." So states an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today. The opinion offers the following summary of the court's holding: "We conclude that under FACTA, a receipt that is transmitted to the consumer via email and then digitally displayed on the consumer's screen is not an 'electronically printed' receipt." "Postal rate proposal sent back to commission": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today. Posted at 01:54 PM by Howard Bashman "NJ Supreme Court orders state to give schools more": The Associated Press has a report that begins, "The New Jersey Supreme Court has rebuked Gov. Chris Christie and ordered the state to increase spending on poor schools by an estimated $500 million." You can access today's 3-2 ruling of the Supreme Court of New Jersey at this link. Update: The Newark Star-Ledger reports that "Poor N.J. districts must receive $500M more in school funding, state Supreme Court rules." "Virginia Court Questions Its Own Jurisdiction in Obama Health-Care Appeals": Tom Schoenberg of Bloomberg News has this report. And at the "aca litigation blog," Brad Joondeph has a post titled "Order for supplemental briefing in the Fourth Circuit cases." "Rally will protest ruling that people must let police enter home": The Indianapolis Star contains this article today. Posted at 08:25 AM by Howard Bashman "N.J. Supreme Court to announce school funding case decision": This article appears today in The Newark Star-Ledger. And Bloomberg News reports that "New Jersey Supreme Court to Rule Today on Christie's School Funding Cuts." "U.S. Supreme Court orders massive inmate release to relieve California's crowded prisons; Justice Kennedy cites inhumane conditions, while dissenters fear a crime rampage; Gov. Jerry Brown seeks tax hike to fund transfers to county jails as prison officials hope to avoid freeing anyone": David G. Savage and Patrick McGreevy have this article today in The Los Angeles Times. The newspaper also contains an editorial entitled "Time for California to tackle prison overcrowding; With the U.S. Supreme Court upholding an order to reduce the state's inmate population, the Legislature should take a first step by creating a panel to revise sentencing guidelines." Today in The San Francisco Chronicle Bob Egelko reports that "California must cut prison population by 30,000." Howard Mintz of The San Jose Mercury News reports that "Supreme Court upholds order requiring California to reduce prison population." The Sacramento Bee reports that "U.S. Supreme Court says California must reduce prison population." The New York Times contains an article headlined "Prison Ruling Raises Stakes in California Fiscal Crisis" and an editorial entitled "California's Prison Crisis." And Warren Richey of The Christian Science Monitor reports that "Supreme Court orders California to slash prison population by more than 30,000; In a 5-to-4 ruling, the Supreme Court says severe overcrowding in the prisons violates the Eighth Amendment ban on cruel and unusual punishment; A minority opinion offers a sharp dissent." "Judge to rule on Jared Loughner's mental fitness for trial; The suspect in the shooting of Rep. Gabriel Giffords and 18 others in Tucson has been examined by two mental health specialists; If he is found unfit for trial, he could be held indefinitely": This article appears today in The Los Angeles Times. Posted at 07:56 AM by Howard Bashman Monday, May 23, 2011 "State Secrets Block Resolution of Contractors' Suit, Justices Say": Adam Liptak will have this article Tuesday in The New York Times. Posted at 10:32 PM by Howard Bashman "Panel and date set in Seven-Sky v. Holder": Today at the "aca litigation blog," Brad Joondeph has a post that begins, "Yet another big development today: the D.C. Circuit has announced the identity of the panel to hear Seven-Sky v. Holder and set the date for oral argument, September 23." That blog has posted the order identifying the panel at this link. Posted at 08:10 PM by Howard Bashman "Justices, 5-4, Tell California to Cut Prisoner Population": 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 upholds order that may release thousands of California inmates." On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "High Court Rules Calif. Must Cut Prison Population." And online at Slate, Dahlia Lithwick has a jurisprudence essay entitled "Show, Don't Tell: Do photographs of California's overcrowded prisons belong in a Supreme Court decision about those prisons?" "Chevron Allegations About Justice System Strike a Nerve in Ecuador": Lawrence Hurley of Greenwire has this report (via The New York Times). Today's article in part two in a three-part series. Part one, published last week, was an article headlined "Judge at Heart of Landmark Oil Pollution Case Unfazed by Spotlight." "N.C. judges get busy on 4th Circuit Court; The state struggled for years to get more representation on the influential court": Barbara Barrett had this article yesterday in The Charlotte Observer. Posted at 02:14 PM by Howard Bashman "US appeals court reverses decision on skycap tips": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued last Friday. Posted at 02:08 PM by Howard Bashman "Supreme Court orders California to release tens of thousands of prison inmates; The 5-4 decision represents one of the largest prison release orders in U.S. history; The court majority says overcrowding has caused 'suffering and death'; In a sharp dissent, Justice Antonin Scalia warns 'terrible things are sure to happen'": David G. Savage of The Los Angeles Times has this news update. Jess Bravin of The Wall Street Journal has a news update headlined "High Court Orders Release of California Inmates." Joan Biskupic of USA Today has a news update headlined "Supreme Court stands firm on prison crowding." Howard Mintz of The San Jose Mercury News has an update headlined "Supreme Court upholds order requiring California to reduce prison population." And Michael Doyle of McClatchy Newspapers has an article headlined "Supreme Court: California's prison overcrowding is 'serious constitutional violation.'" "State board declares Prosser winner": The Milwaukee Journal Sentinel has a blog post that begins, "State elections officials on Monday certified the results of the recount of the April 5 election for state Supreme Court, declaring Justice David Prosser was re-elected to another 10-year term on the court by 7,004 votes." Posted at 11:11 AM by Howard Bashman Access online today's Order List and decisions in argued cases of the U.S. Supreme Court: You can access today's Order List at this link. The Court granted review in one case. The Court today also issued two opinions in argued cases. 1. Justice Anthony M. Kennedy delivered the opinion of the Court in Brown v. Plata, No. 09-1233. Justice Antonin Scalia issued a dissenting opinion, in which Justice Clarence Thomas joined. And Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which the Chief Justice joined. You can access the oral argument via this link. 2. And Justice Scalia delivered the opinion for a unanimous Court in General Dynamics Corp. v. United States. No. 09-1298. You can access the oral argument via this link. In early news coverage, Mark Sherman of The Associated Press reports that "High court backs cuts in Calif. prison population." In addition, The AP reports that "Long legal fight over Navy plane to continue" and "Court to decide if Japanese couple can be deported." "Rule shielding military doctors from liability faces legal battle; Opponents of the 60-year-old doctrine want it overturned to allow servicemen and women to pursue negligence claims against the government": American Medical News has an article that begins, "The U.S. Supreme Court will decide in June whether to hear a case challenging a decades-old doctrine preventing military members from suing the federal government for medical negligence." Posted at 08:24 AM by Howard Bashman "Katyal Speaks of SG 'Mistakes' in Japanese Internment Cases": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 08:22 AM by Howard Bashman "Creating a 4th Amendment loophole: The Supreme Court failed to keep a lid on police excesses with its ruling this week in a Kentucky drug case." This editorial appears today in The Los Angeles Times. Posted at 08:20 AM by Howard Bashman The Harvard Crimson profiles two U.S. Supreme Court Justices to mark the 50th anniversary of their graduations: The newspaper has published profiles of Justices Anthony M. Kennedy and David H. Souter. Correction: The original version of this post mistakenly stated that both Kennedy and Souter graduated from Harvard Law School in 1961. Kennedy did graduate from Harvard Law that year, while Souter graduated from Harvard College in 1961. "Madoff's Curveball: Fred Wilpon tries to hold on to the Mets." Jeffrey Toobin has this article in the May 30, 2011 issue of The New Yorker. Posted at 08:04 AM by Howard Bashman "John Boehner finds litigation suits him": Politico.com has an article that begins, "For much of his political career, House Speaker John Boehner has railed against judicial over-reach and the harmful effects of excessive litigating. But while the congressman from Ohio and his Republican Party have a long history of bashing trial lawyers, the speaker himself has shown that he can be quite the litigator." Posted at 07:58 AM by Howard Bashman Sunday, May 22, 2011 "Support in polls for same-sex marriage could influence Proposition 8 legal battle, experts say; Recent polls showing majority support for same sex marriage could have an effect on judges as the legal fight against Proposition 8 moves through the courts, experts and advocates say": Carol J. Williams will have this article Monday in The Los Angeles Times. Posted at 10:28 PM by Howard Bashman "Citizens United decision reverberates in courts across country": Robert Barnes will have this article Monday in The Washington Post. Posted at 10:05 PM by Howard Bashman "Iowa Chief Justice visits area; Says system at risk of becoming politicized": Saturday's edition of The Press-Citizen of Iowa City contained an article that begins, "Iowa's strong judicial system is in jeopardy of becoming highly politicized if judges continue to face retention elections like that of 2010, Mark Cady, Chief Justice of the Iowa Supreme Court, said Friday." Posted at 08:30 PM by Howard Bashman "Under the U.S. Supreme Court: Sssh -- Uncle Sam is listening." Michael Kirkland of UPI has this report. Posted at 08:24 PM by Howard Bashman "Justice Scalia speaks in Mississippi": The Associated Press has this report. Posted at 08:20 PM by Howard Bashman Saturday, May 21, 2011 West Virginia Attorney General's parens patriae action to recover damages for alleged generic drug overcharges does not qualify as a class action for purposes of removal to federal court under the Class Action Fairness Act of 2005, majority on divided Fourth Circuit panel holds: You can access yesterday's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link. In coverage of the ruling, Bloomberg News reports that "Wal-Mart, CVS, Drug Price Case Sent to West Virginia Court by U.S. Judges." And The Associated Press reports that "Appeals court sends W.Va. pharmacy case to Boone." "Opposing Views of Court's Ruling on Class Actions": These letters to the editor appear today in The New York Times. Posted at 03:27 PM by Howard Bashman "Denver Judge Taps Brakes on Righthaven Copyright Lawsuits": David Kravets has this post at Wired.com's "Threat Level" blog. Posted at 03:25 PM by Howard Bashman "Players call NFL a 'cartel' in court filing": The Associated Press has a report that begins, "NFL players who sued the league for alleged antitrust violations liken the league to a 'cartel' in their latest court filing, again urging an appeals court to lift the lockout. In arguments filed in the 8th U.S. Circuit Court of Appeals, just minutes before Friday's midnight deadline, attorneys for the players reiterated their argument that the NFL has violated antitrust laws." You can access at this link the Brief for Appellees filed late last night in the U.S. Court of Appeals for the Eighth Circuit. "Supreme Court may hear case on tuition breaks for illegal immigrants; California's policy allowing some illegal immigrants to pay in-state college tuition is being challenged as a possible violation of federal law": David G. Savage has this article today in The Los Angeles Times. Posted at 11:06 AM by Howard Bashman Friday, May 20, 2011 "Keep the Briefs Brief, Literary Justices Advise": Adam Liptak will have this article Saturday in The New York Times. Posted at 11:56 PM by Howard Bashman "Fighting for the Right to Tell Lies": This article about the Stolen Valor Act will appear Saturday in The New York Times. Posted at 11:54 PM by Howard Bashman "Court wrestles with cultural practices case": In today's edition of The Honolulu Star-Advertiser, Ken Kobayashi has an article that begins, "All five Hawaii Supreme Court justices grilled lawyers yesterday in a case that could help clarify to what extent a native Hawaiian's practice of traditional cultural and religious activities can trump a criminal prosecution." Posted at 09:07 PM by Howard Bashman "Recount shows Prosser still the winner by more than 7,000 vote": The Milwaukee Journal Sentinel has a news update that begins, "With the weeks-long recount complete, unofficial numbers confirm that state Supreme Court Justice David Prosser narrowly defeated Assistant Attorney General JoAnne Kloppenburg in the April 5 election." Posted at 08:51 PM by Howard Bashman "Pro players' unions want NFL lockout lifted": The Associated Press has this report. Today is the due date for the football players'-side briefs in the case captioned Tom Brady, et al. v. National Football League, et al., No. 11-1898 (8th Cir.). Already, some amicus briefs in support of the players have been filed. You can access the appellate filings in the case free of charge via this link. "Court sides with families of beheaded contractors": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today. Posted at 02:12 PM by Howard Bashman Whether or not he is confirmed, law professor Goodwin Liu would not be the first Asian-American judge to serve on the U.S. Court of Appeals for the Ninth Circuit: Notwithstanding the headline and text of this article published today in The Los Angeles Times (which I noted in this post from earlier today), law professor Goodwin Liu would not become the first Asian-American to serve as a judge on the U.S. Court of Appeals for the Ninth Circuit were the U.S. Senate to approve his nomination. Rather, it appears that Liu, if confirmed, would be the fourth Asian-American judge to serve on the Ninth Circuit. The first was Circuit Judge Herbert Young Cho Choy, who began serving on the Ninth Circuit in 1971. The second was Circuit Judge Thomas Tang, who began serving on the Ninth Circuit in 1977. And Senior Circuit Judge Atsushi Wallace Tashima continues to serve on the Ninth Circuit. The Federal Judicial Center provides this list of Asian-American federal judges and this list of judges who have served on the Ninth Circuit. Update: The Los Angeles Times article now features a prominent correction containing the information set forth above. "Wisconsin Supreme Court upholds life without parole for young teen": The Milwaukee Journal Sentinel has this news update. And The Associated Press has a report headlined "Wis. Supreme Court: Teen's life prison sentence OK." You can access today's ruling of the Supreme Court of Wisconsin at this link. Habeas limits recognized in yesterday's en banc ruling of the U.S. Court of Appeals for the Eleventh Circuit draw harsh condemnation from dissenters: The U.S. Court of Appeals for the Eleventh Circuit issued this noteworthy en banc decision yesterday. Circuit Judge Ed Carnes wrote the majority opinion. Senior Circuit Judge James C. Hill wrote a passionate dissenting opinion. In blog-related news from last night's Massachusetts Bar Association Centennial Ball: Robert J. Ambrogi -- author of the "LawSites" and "Media Law" blogs -- has this twitter post about something that an unidentified First Circuit judge said last night. And in non-blog related news concerning that event, U.S. Supreme Court Justice Stephen G. Breyer delivered the keynote address. "Firestorm turns into appreciation for moving words": Yesterday's edition of The Augusta Chronicle contained an article that begins, "Controversy that might have surrounded Supreme Court Justice Clarence Thomas' Wednesday appearance in Augusta seemed to melt away as the conservative justice spoke of segregation, the importance of courthouses and the legacy of John H. Ruffin Jr., the namesake of the new judicial building." The newspaper also contained an article headlined "Thomas cites historic cases in dedication." "With Muskego votes reconciled, Prosser moves into statewide lead": This article appears today in The Milwaukee Journal Sentinel. Posted at 08:42 AM by Howard Bashman "Arizona high court sets new rules for police's 'protective sweeps'": Howard Fischer has this article today in The East Valley Tribune. And The Associated Press reports that "Ruling restricts warrantless 'protective sweeps.'" You can access yesterday's ruling of the Supreme Court of Arizona at this link. "Deerfield couple not liable for death of teen who drank in their home; State Supreme Court overturns appellate decision": This article appears today in The Chicago Tribune. The Daily Herald of Arlington Heights, Illinois reports that "Lake County couple not liable in underage drunken driving death." And The Associated Press reports that "Illinois court blocks lawsuit on underage drinking." You can access yesterday's ruling of the Supreme Court of Illinois at this link. "Va. Supreme Court to Rule on Insurance Coverage of Warming Claims": Lawrence Hurley of ClimateWire has this report (via The New York Times). Posted at 08:30 AM by Howard Bashman "Senate Republicans block judicial nominee Goodwin Liu": The Washington Post contains this article today. Today in The Los Angeles Times, James Oliphant reports that "GOP blocks Goodwin Liu from federal appeals court; Senate Republicans use a filibuster to block a vote on the UC Berkeley law professor's nomination to the 9th Circuit bench in San Francisco, saying he's too liberal; He would have been the court's first Asian American." And The Fairbanks Daily News-Miner reports that "Alaska Sen. Murkowski breaks with GOP on judicial nominee vote." Thursday, May 19, 2011 "Senate Republicans Block Vote on Obama-Appointed Judge": This article will appear Friday in The New York Times. Joan Biskupic of USA Today has a news update headlined "Senate rejects Obama judicial nominee." The Salt Lake Tribune has a news update headlined "Lee cites Alito criticism in voting against judicial nomination." Josh Richman of The Oakland Tribune has a news update headlined "GOP blocks UC Berkeley law professor's vote to bench." The Washington Times has a news update headlined "Obama judicial nominee Liu fails to clear Senate." Michael Doyle of McClatchy Newspapers reports that "GOP filibuster blocks federal appeals court nominee Liu." Bloomberg News reports that "Senate Blocks Confirmation of Court Nominee Liu." Bill Mears of CNN.com reports that "Senate Democrats fail to block filibuster over judicial nominee." On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "Controversial Obama Judicial Pick Falls To Filibuster." And online at Slate, Dahlia Lithwick has a jurisprudence essay entitled "Extraordinary Hypocrisy: How Republican senators justified their decision to kill the nomination of Goodwin Liu." "Senate Votes Against Judicial Nominee Liu": Jess Bravin of The Wall Street Journal has this news update. James Oliphant of The Los Angeles Times has a news update headlined "Senate Republicans block appeals court nomination of Goodwin Liu." Politico.com reports that "Senate GOP filibusters Goodwin Liu." Alexander Bolton of The Hill has a blog post titled "Senate hands Obama his first defeat on a judicial nominee." And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Republicans Block Judicial Nomination of Goodwin Liu." "Losing counties in Ten Commandments cases face growing legal bills to ACLU": Today's edition of The Lexington Herald-Leader contains an article that begins, "The legal bill continues to mount for two south-central Kentucky counties from their lengthy, unsuccessful fight to post copies of the Ten Commandments in their courthouses." Posted at 03:22 PM by Howard Bashman "Obama pick for bench blocked by GOP": The Associated Press has this report. Update: The U.S. Senate's official roll call vote tally can be accessed here. The U.S. Senate's cloture vote on the nomination of law professor Goodwin Liu to the U.S. Court of Appeals for the Ninth Circuit is now underway: You can view the vote live, online via C-SPAN2. Update at 2:21 p.m.: It appears that at least 41 "no" votes have been cast against invoking cloture, which would mean that the attempt to invoke cloture has failed. Update at 2:31 p.m.: The final vote on cloture was 52 votes for, 43 votes against, and one Senator voted "present." Because the cloture motion did not receive at least 60 votes in favor, the motion did not succeed. Scholarly articles of interest available online via SSRN: Law professor Neil S. Siegel has an article titled "Free Riding on Benevolence: Collective Action Federalism and the Individual Mandate" (via "Legal Theory Blog"). Law professor Marci A. Hamilton has an article titled "Employment Division v. Smith at the Supreme Court: The Justices, the Litigants, and the Doctrinal Discourse" (via "Legal Theory Blog"). And law professor Stephen I. Vladeck has an article titled "The D.C. Circuit After Boumediene" (via "Legal Theory Blog"). "Widow of anthrax victim doubts FBI's conclusion": The Associated Press has a report that begins, "The widow of a Florida tabloid photo editor who died in the 2001 anthrax mailings is casting fresh doubt on the FBI's conclusion that a lone federal scientist staged the attacks, according to new documents filed in her lawsuit against the government." Posted at 01:54 PM by Howard Bashman "Alaska Supreme Court Justice Morgan Christen Nominated to Ninth Circuit": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today. My earlier coverage of the nomination appears at this link. "Oregon Supreme Court sends message to sheriffs: Medical marijuana cardholders can't be denied concealed gun licenses solely because they use pot." The Oregonian has this news update. And The Associated Press reports that "Ore. court rules medical pot users can have guns." You can access today's ruling of the Supreme Court of Oregon at this link. "Goodwin Liu teeters toward a loss": Politico.com has this report. Posted at 11:58 AM by Howard Bashman "FBI investigates Unabomber in '82 Tylenol deaths": The Associated Press has this report. Posted at 11:55 AM by Howard Bashman "Private Prisons Found to Offer Little in Savings": This article appears today in The New York Times. Posted at 10:25 AM by Howard Bashman "Justice in Dreamland": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times. Posted at 10:15 AM by Howard Bashman Wednesday, May 18, 2011 "Senate braces for possible filibuster over judicial nominee; Democrats need at least seven Republicans to cross party lines in order to advance the nomination process of Goodwin Liu, a UC Berkeley law professor": James Oliphant of The Los Angeles Times has this news update. In Thursday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Obama Court Pick Nears Pivotal Vote." The Washington Times has a news update headlined "Republicans stand firm against court nominee; Liu seen as activist, inexperienced." Michael Doyle of McClatchy Newspapers reports that "Federal appeals court nominee Liu faces Senate vote." Bill Mears of CNN.com reports that "Obama judicial nominee faces crucial Senate vote." And Tom Curry of MSNBC has a report headlined "How's Obama doing on court vacancies?" According to a blog post from The Hill, tomorrow's cloture vote is scheduled to occur at 2:15 p.m. eastern time. "Daimler must face Argentina abuse lawsuit in U.S." Reuters has this report. And Bloomberg News reports that "Daimler Must Face Claims Over Argentina 'Dirty War' Worker Kidnappings." Circuit Judge Stephen Reinhardt wrote today's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. "Activity, inactivity, and the power to regulate interstate commerce": Law professor Brad Joondeph had this interesting post Sunday at the "aca litigation blog." Posted at 09:30 PM by Howard Bashman "Obama nominates Alaska Supreme Court Justice Morgan Christen to 9th Circuit": Erika Bolstad of The Anchorage Daily News has this blog post. And The Associated Press reports that "Alaska justice nominated for federal Appeals Court." Earlier today, the White House issued a news release headlined "President Obama Nominates Justice Morgan Christen for the United States Court of Appeals." Update: In Thursday's edition of The Los Angeles Times, Carol J. Williams will have an article headlined "President Obama nominates Alaska jurist to 9th Circuit panel; Alaska Supreme Court Justice Morgan Christen represented the state in litigation after the 1989 Exxon Valdez oil spill; Conservatives may oppose her due to a prior involvement with Planned Parenthood." "Obama court pick may be headed for Senate defeat": The Associated Press has a report that begins, "A liberal law school professor may become the first Obama administration judicial nominee to be defeated by the Senate. Senators scheduled a vote Thursday on ending a Republican filibuster against appeals court nominee Goodwin Liu of the University of California." Posted at 08:14 PM by Howard Bashman "Key Senators to Support Filibuster of Goodwin Liu": David Ingram has this post at "The BLT: The Blog of Legal Times." Posted at 04:42 PM by Howard Bashman "Clarence Thomas' visit to Ga. spurs debate": The Associated Press has this report. Posted at 04:20 PM by Howard Bashman "Eastman courthouse flies rebel flag": Bill Torpy has this article today in The Atlanta Journal-Constitution. Posted at 02:36 PM by Howard Bashman "Govt urges appeals court to uphold health care law": Pete Yost of The Associated Press has this report. Via the "aca litigation blog," you can access the brief that the federal government filed today in the U.S. Court of Appeals for the Eleventh Circuit by clicking here. "Ted Olson: Supreme Court could give 'incremental' win to same-sex marriage." Josh Gerstein has this post at his "Under the Radar" blog at Politico.com. Posted at 02:15 PM by Howard Bashman "Goodwin Liu Vote Could Swing on a Few Senators": David Ingram has this post at "The BLT: The Blog of Legal Times." Posted at 02:14 PM by Howard Bashman "The Garner Transcripts: That v. Which, and Other Supreme Court Writing Tips." Tony Mauro has this interesting post at "The BLT: The Blog of Legal Times." You can access the transcripts themselves by clicking here. "This case involves a public high school's effort to regulate the sexually-explicit content of student publications to be distributed on campus grounds." More specifically, today the U.S. Court of Appeals for the Second Circuit issued a decision addressing whether administrators at Ithaca (N.Y.) High School violated the First Amendment rights of students when the school prohibited the publication of a sexually explicit stick-figure cartoon in the school's student newspaper. The cartoon at issue appears at page 18 of this PDF file. Earlier coverage of the case from the Student Press Law Center can be accessed here, here, and here. "Former state Supreme Court Justice Sanders pleads for another chance; Sanders hopes to rehabilitate an image and career tarnished by racially insensitive remarks; One thing is missing from his efforts: a dose of honesty." Columnist Lynne K. Varner has this op-ed today in The Seattle Times. Posted at 08:34 AM by Howard Bashman "Holder calls Brown greatest Court decision": This article appears today in The Topeka Capital-Journal. Posted at 08:23 AM by Howard Bashman "Court ruling brings threats; Justices say people can't resist police entering home illegally": The Indianapolis Star today contains an article that begins, "An Indiana Supreme Court ruling that says people don't have the right to resist if police enter a home illegally has riled some Hoosiers so much that police are investigating threats against police and the court." Posted at 08:22 AM by Howard Bashman "JQC brings charges against 'Taj Mahal' Judge Paul M. Hawkes": Today's edition of The St. Petersburg Times contains an article that begins, "The appellate judge who orchestrated the construction of the elaborate 'Taj Mahal' courthouse was charged Tuesday with abusing his authority as a judge, destroying public records and conduct that demonstrates he is unfit to hold office." And The Pensacola News Journal reports today that "'Taj Mahal' courthouse judge hit with ethics charges; Review panel finds multiple violations during Hawkes' term." You can access at this link the Notice of Formal Charges that Florida's Judicial Qualifications Committee issued yesterday. "Thomas defends ideals of court": The Augusta Chronicle contains this article today, along with articles headlined "Choice of guest speaker still questioned by some"; "Thomas' first Augusta visit remembered"; and "Protocol part of getting Thomas." And The Associated Press reports that "Justice Thomas takes aim at court's critics." "Appeals court, time may be on NFL's side in labor dispute with players": This news analysis appears today in The Washington Post. Posted at 08:00 AM by Howard Bashman Tuesday, May 17, 2011 "Court faults judge over media access; Locking public out of trafficker's sentencing illegal": The Houston Chronicle has this news update reporting on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued today. Posted at 11:17 PM by Howard Bashman "Judicial Review Under Review: Should the legal arguments over Obama's health care law force us to reconsider the role of the courts?" Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 06:00 PM by Howard Bashman "Democrats May Push to Confirm Appeals Court Nominee Goodwin Liu": David Ingram has this post at "The BLT: The Blog of Legal Times." Posted at 05:20 PM by Howard Bashman "Court decision threatens start of NFL season": The Associated Press has this report. Posted at 05:01 PM by Howard Bashman "Court: Websites stiffed Atlanta on hotel taxes." Today in The Atlanta Journal-Constitution, Bill Rankin and Leon Stafford have an article that begins, "Online travel companies that book hotel rooms in Atlanta must pay more in occupancy taxes, the Georgia Supreme Court ruled Monday, in a decision expected to generate millions of dollars in revenue for the city." You can access yesterday's ruling of the Supreme Court of Georgia at this link. "Carving out class-action exceptions: Because a recent Supreme Court decision on a class-action suit involved a federal statute, not the Constitution, Congress can -- and should -- overrule the court." This editorial appears today in The Los Angeles Times. Posted at 03:42 PM by Howard Bashman "Search Allowed if Police Hear Evidence Being Destroyed": Adam Liptak has this article today in The New York Times. In today's edition of The Washington Post, Robert Barnes reports that "Supreme Court affirms police action in Kentucky drug case." David G. Savage of The Los Angeles Times reports that "Supreme Court gives police leeway in home searches; Officers may break in if they hear sounds and suspect that evidence is being destroyed, the justices say in an 8-1 decision; Justice Ginsburg dissents." Joan Biskupic of USA Today reports that "Justices OK some warrantless searches." And Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court: No warrant needed if police discern destruction of evidence; The Supreme Court ruled 8 to 1 on a Kentucky case in which police broke into an apartment after smelling marijuana and hearing sounds suggesting evidence was being destroyed." "Owners Win Delay in Case, Keeping N.F.L. Shut": This article appears today in The New York Times. The Washington Post reports today that "Appeals court allows NFL lockout to continue." And The Los Angeles Times reports that "NFL owners win legal round as appellate court grants stay for lockout; League can keep lockout until at least June 3, as court says it proved it 'likely will suffer some degree of irreparable harm without a stay'; Owners' legal win comes after several losses to players." My earlier coverage of yesterday's Eighth Circuit stay ruling appears at this link. "Carney Confirmed as Leahy Cites Delays in Senate Process": At the "Main Justice" blog, David Stout has a post that begins, "Susan L. Carney of Connecticut, currently the deputy general counsel for Yale University, was confirmed as a judge for the U.S. Court of Appeals for the 2nd Circuit by the Senate on Tuesday after waiting a year for a vote because of feuding between Democrats and Republicans." And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Senators Debate Whether GCs Can Be Judges." "Justice Breyer leads annual Holocaust ceremony": The Associated Press has this report. Posted at 01:55 PM by Howard Bashman "California court rules lawyer cannot oppose former client": Thomson Reuters News and Insight has an article that begins, "The California Supreme Court ruled on Monday that a lawyer's free speech rights do not allow him to publicly oppose the interests of a former client." You can access yesterday's ruling of the Supreme Court of California at this link. Dancing days are here again: Except inside the Jefferson Memorial. According to a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today, "The heart of Oberwetter's complaint is her claim that the First Amendment protects her right to engage in silent expressive dancing inside the Jefferson Memorial." The appellate court rejected that claimed First Amendment right in its ruling issued today. Nevertheless, the court recognized that "[o]utside the Jefferson Memorial, of course, Oberwetter and her friends have always been free to dance to their hearts' content." "Alito says preparation, briefs play bigger role in Supreme Court decisions than oral arguments": The Associated Press has this report. And Deb Peterson of The St. Louis Post-Dispatch has an item headlined "Supreme Court Justice Samuel Alito speaks at St. Louis Law Day." "Justice Kagan 'at home' in addressing bar association at Pfister": This article appears today in The Milwaukee Journal Sentinel. Posted at 10:12 AM by Howard Bashman "Loughner's Mental Competence Is Doubted": Today's edition of The Wall Street Journal contains an article that begins, "Two federal court filings Monday in the criminal case of the man accused in the January shooting of Rep. Gabrielle Giffords and 18 others in Tucson, Ariz., strongly suggest that two health professionals who evaluated his mental state have determined he isn't competent to stand trial, according to legal experts." And The Arizona Republic reports today that "Jared Loughner due in court for mental-competency hearing." "Lawsuit over party at Texas justice's house is settled": The Associated Press has a report that begins, "An alcohol-related lawsuit filed against former Texas Supreme Court Chief Justice Tom Phillips and his wife over a girl's death has been settled." Posted at 09:54 AM by Howard Bashman "Court rejects appeal of Kamehameha case; The Supreme Court's refusal ends a lawsuit challenging the schools' admissions policy": Ken Kobayashi has this article today in The Honolulu Star-Advertiser. Posted at 09:46 AM by Howard Bashman "Supreme Court declines to hear 'So help me God' lawsuit; Michael Newdow, whose previous First Amendment challenge sought to strike 'under God' from the Pledge of Allegiance, tried to block the use of 'So help me God' in the inauguration ceremony": Warren Richey of The Christian Science Monitor has this report. Posted at 09:40 AM by Howard Bashman "As Bonds Appeals Verdict, Jurors Who Convicted Him Are Watching": This article appears today in The New York Times. Posted at 08:12 AM by Howard Bashman "Weighing the Place of a Judge in a Club of 600 White Men": Adam Liptak has this new installment of his "Sidebar" column in today's edition of The New York Times. My most recent coverage of this matter appeared in this post from last Thursday. Monday, May 16, 2011 "Florida travel ban could be headed to U.S. Supreme Court": Lesley Clark of McClatchy Newspapers has this report. Posted at 10:40 PM by Howard Bashman "Why recounts are a vital part of election process": Joanne Kloppenburg will have this op-ed Tuesday in The Milwaukee Journal Sentinel. Posted at 10:37 PM by Howard Bashman "Appeals court backs NFL, lockout remains in place": The Associated Press has this report on a stay ruling that a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued today. Posted at 08:24 PM by Howard Bashman "Winklevoss twins lose another round in Facebook battle": Howard Mintz of The San Jose Mercury News has this update reporting on today's order of the U.S. Court of Appeals for the Ninth Circuit denying rehearing en banc. Update: In other news coverage, The Associated Press reports that "Appeals court won't reconsider Facebook settlement." "Eighth Circuit Upholds Minnesota Ban on Direct Corporate Contributions to Candidates, Minnesota Corporate IE Disclosure Rules": Rick Hasen has this post at his "Election Law Blog" about a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today. Posted at 11:38 AM by Howard Bashman Access online today's Order List and rulings of the U.S. Supreme Court in argued cases: You can access today's Order List at this link. The Court today granted review in one case and called for the views of the Solicitor General's office in three cases. In addition, the Court today issued three rulings in argued cases. 1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Kentucky v. King, No. 09-1272. Justice Ruth Bader Ginsburg issued a dissenting opinion. You can access the oral argument via this link. 2. Justice Stephen G. Breyer delivered the opinion of the Court in CIGNA Corp. v. Amara, No. 09-804. Justice Antonin Scalia issued an opinion concurring in the judgment, in which Justice Clarence Thomas joined. Justice Sonia Sotomayor did not take part in the ruling. You can access the oral argument via this link. 3. And Justice Thomas delivered the opinion of the Court in Schindler Elevator Corp. v. United States ex rel. Kirk, No. 10-188. Justice Ginsburg issued a dissenting opinion, in which Justices Breyer and Sotomayor joined. Justice Kagan did not take part in the ruling. You can access the oral argument via this link. In early news coverage, The Associated Press reports that "Court says FOIA request cannot be used in lawsuit"; "Court sides with police in warrantless search"; "Supreme Court won't revive torture lawsuit"; "Court won't hear challenge to 'So help me God'"; and "Court nixes case over anonymity in school suit." "Posts look less likely for 2 judicial nominees; Feingold's ouster worsens odds for Butler, Nourse confirmations": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "As federal judges from Wisconsin, Illinois and Indiana gather Monday in Milwaukee for the U.S. 7th Circuit bar association's annual meeting, their ranks remain less than full strength, casualties of partisan congressional politics that have led to growing judicial vacancies nationwide. Two of President Barack Obama's nominees for posts among the group, former Wisconsin Supreme Court Justice Louis Butler Jr. to fill a district court seat in Madison and law professor Victoria Nourse to fill a seat on the 7th Circuit Court of Appeals, remain in limbo and appear unlikely to get the jobs." Posted at 08:14 AM by Howard Bashman "State judicial pay soars; top jurist says courts underfunded": The Pittsburgh Tribune-Review contains this article today. Posted at 08:10 AM by Howard Bashman "Justice Kagan to judge moot court contest": This article appears today in The GW Hatchet. Posted at 08:07 AM by Howard Bashman "Castille reignites dispute over Pennsylvania death-penalty appeals": In today's edition of The Philadelphia Inquirer, Nathan Gorenstein has an article that begins, "After reading the appeal from prison inmate Mark Spotz, incarcerated on four murder convictions, an angry Chief Justice Ronald D. Castille unleashed perhaps the most scathing language ever from the Pennsylvania State Supreme Court." Posted at 07:56 AM by Howard Bashman Sunday, May 15, 2011 "Colleagues see Nickolaus as insular, hardworking; Waukesha County clerk's error is at center of Supreme Court recount": This article will appear Monday in The Milwaukee Journal Sentinel. Posted at 09:00 PM by Howard Bashman "Justice Stevens Talks About Life on the High Court; Stevens answers questions after a day-long symposium on his legacy": Northwestern University's media relations office has posted online this report featuring various audio clips. Posted at 08:56 PM by Howard Bashman "Kagan Speaks To Law Grads": This article appears today in The Albuquerque Journal. Posted at 10:08 AM by Howard Bashman "Tracie Hunter has sued or been sued 13 times; Candidate for Juvenile Court judge is challenging 23-vote defeat in federal court": The Cincinnati Enquirer contains this article today. At "SCOTUSblog," Lyle Denniston recently had a post about the case titled "A revival of Bush v. Gore? A candidate for a local judgeship in Ohio, and a county election board, ask the Court to narrow the reach of its famous presidential election decision in Bush v. Gore in 2000." "Yucca Valley woman one of seven suing Walmart, claiming gender discrimination; Women join forces in class-action effort against retail giant": This article appears today in The Desert Sun of Palm Springs, California. Posted at 09:54 AM by Howard Bashman "Under the U.S. Supreme Court: Will BP have to face the music?" Michael Kirkland of UPI has this report. Posted at 09:48 AM by Howard Bashman Saturday, May 14, 2011 "Kagan shares humor, wisdom with UNM law graduates": The Associated Press has a report that begins, "U.S. Supreme Court Justice Elena Kagan blended a good mix of humor and wisdom Saturday for graduates of the University of New Mexico law school in her first public address since being sworn in last summer." Posted at 11:48 PM by Howard Bashman "Supreme Court Justice Sotomayor tells students to work hard for dreams at Ramapo commencement": This article appears today in The Newark (N.J.) Star-Ledger. Posted at 11:42 PM by Howard Bashman "The coming conservative court: Harper to reshape judiciary." Kirk Makin has this article today in The Toronto Globe and Mail. Posted at 11:40 PM by Howard Bashman "Lakewood Shutout 1-0 On Saturday": The web site of the Lakewood BlueClaws provides this report, which notes that "Bryce Harper hit a Line Drive solo HR to Left Field on the first pitch in the 7th inning for the only run of the game." You can access the box score of this evening's game by clicking here. And today's edition of The Asbury Park (N.J.) Press contained an article headlined "Buzz surrounds Bryce Harper's first trip to Lakewood." Update: MLB.com reports that "Harper in a Class A all by himself." Friday, May 13, 2011 "Road Trip! What Reporters Still Live For." Joan Biskupic has this post today at her "Court Beat" blog. Posted at 05:42 PM by Howard Bashman "For U.S. Supreme Court justice, Ramapo College graduation is a family affair": Mahwah (N.J.) Suburban News has an update that begins, "Her exalted position notwithstanding, Associate U.S. Supreme Court Justice Sonia Sotomayor was feeling a lot like those in the audience at Ramapo College of New Jersey's graduation on May 13." Posted at 05:38 PM by Howard Bashman "City must hire 111 bypassed black firefighter candidates, court rules": The Chicago Sun-Times has a news update that begins, "The Chicago Fire Department must hire 111 bypassed black firefighter candidates -- and distribute 'tens of millions of dollars' in damages to 6,000 others who will never get that chance -- a federal appeals court ruled Friday, upholding a landmark ruling." Chief Judge Frank H. Easterbrook wrote today's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit. Update: In other news coverage, The Associated Press has a report headlined "Court: Chicago must hire 111 black firefighters." "Justice Stevens Okays bin Laden Killing": Jess Bravin has this post at WSJ.com's "Law Blog." Posted at 11:34 AM by Howard Bashman "Court affirms convictions of Abramoff probe figure": Pete Yost of The Associated Press has this report. And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Appeals Court Upholds Safavian Public Corruption Conviction." You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. "Court strikes down law banning loud car stereos": This article appeared yesterday in The Sarasota Herald-Tribune. The Tampa Tribune reports that "Free speech, not volume, deciding factor in tossing car stereo law." And The Associated Press reports that "Court Says Loud Music Law Unconstitutional." You can access Wednesday's ruling of Florida's Second District Court of Appeal at this link. "Secret Cash Dominates in State Court Races; Unidentified contributors are pumping big money into key races": Bloomberg News has this report. Posted at 08:26 AM by Howard Bashman "Federal appeals court hears fake veteran case": This article appears today in The Denver Post. Posted at 08:12 AM by Howard Bashman "SCOTUS needs an ethical code": Law professor Herman Schwartz has this op-ed at Politico.com. Posted at 08:07 AM by Howard Bashman "State immigration laws may never be constitutional": The Associated Press has this report. Posted at 07:48 AM by Howard Bashman "Pfizer Sets Aside $772 Million, Settles One-Third of Prempro Drug Cases": Jef Feeley of Bloomberg News has this report. Posted at 07:36 AM by Howard Bashman Thursday, May 12, 2011 "Gutting Class Action": This editorial will appear Friday in The New York Times. Posted at 11:09 PM by Howard Bashman "Long Coveted the Unabomber's Typewriter? Alas, Your Time Has Come." Devlin Barrett has this post at WSJ.com's "Law Blog." CNN.com reports that "Feds to auction Unabomber items online." And today the U.S. Marshals Service issued a news release headlined "U.S. Marshals to Auction Unabomber's Personal Effects." Update regarding Associated Press article headlined "Fed judge keeps segregated country club membership": Following up on my post on this matter from yesterday evening linking to this Associated Press article, I have now obtained electronic copies of the Sixth Circuit Judicial Council's decision and the opinions dissenting therefrom and the findings of fact, analysis and recommendations of the standing investigating committee of the Sixth Circuit Judicial Council. The electronic copies of these documents that I received have the name of the complainant redacted. On April 15, 2011, Prison Legal News published an article about this matter headlined "Sixth Circuit OK's Federal Judge's Membership in Racist and Sexist Country Club." The person who provided these documents to me advised me that the complainant made these documents available to the news media after the Circuit Executive's Office of the Sixth Circuit advised the complainant that no further review of the Judicial Council's decision was available. According to my source, only after the complainant made these documents available to the news media did the Circuit Executive's Office of the Sixth Circuit advise the complainant that further review of the decision of the Sixth Circuit's Judicial Council could be sought from the Judicial Conference of the United States. "School Prayer Decisions Resonate Nearly 50 Years Later": Mark Walsh has this post at the "School Law" blog of Education Week. Posted at 02:40 PM by Howard Bashman "Denver appeals court weighs military impostor law": The Associated Press has this updated report. Posted at 01:55 PM by Howard Bashman "SG Nominee Verrilli Wins Committee Backing": David Ingram has this post at "The BLT: The Blog of Legal Times." Posted at 12:54 PM by Howard Bashman "Guantanamo Bay detainees' family members may be allowed to visit": This article appears today in The Washington Post. And Carol Rosenberg of The Miami Herald reports today that "Congressmen unhappy war captives may get family visits." "Former California prisons leader joins fight against death penalty; Jeanne Woodford, the former director of the California Department of Corrections and Rehabilitation who as warden at San Quentin reluctantly oversaw four executions, will become the executive director of the nonprofit Death Penalty Focus": Carol J. Williams has this article today in The Los Angeles Times. Posted at 08:14 AM by Howard Bashman "Health-care lawsuits: Delaying the inevitable." In today's edition of The Washington Post, columnist E.J. Dionne Jr. has an op-ed that begins, "As if our political system were not having enough trouble already, we now confront the possibility that a highly partisan judiciary will undo a modest health-care reform that is a first step toward resolving a slew of other difficulties." Posted at 08:10 AM by Howard Bashman "Denver appeals court weighs military impostor law": The Associated Press has this report. In earlier coverage of this case, The Denver Post has published articles headlined "Many faces of 'fake vet' Rick Strandlof exposed" and "Stolen Valor Act unconstitutional, federal judge rules." Wednesday, May 11, 2011 "Litigious Newspaper Chain Calls Online Aggregators 'Parasitic'": David Kravets has this post at Wired.com's "Threat Level" blog. Posted at 10:05 PM by Howard Bashman "King & Spalding Offers New Details on Marriage Mess": David Ingram has this post at "The BLT: The Blog of Legal Times." Posted at 10:02 PM by Howard Bashman "Fed judge keeps segregated country club membership": The Associated Press has a report that begins, "A federal bankruptcy judge's membership in a country club that has no women or blacks as full-fledged members does not violate the judicial code of conduct, an appeals panel has narrowly ruled." It does not appear that the 10-8 ruling of the Judicial Council of the U.S. Court of Appeals for the Sixth Circuit is readily available online. If anyone can forward an electronic copy of the ruling to me, I will gladly post it online here. "Court orders major overhaul of VA's mental health system; 9th Circuit says treatment delays for PTSD and other disorders are so 'egregious' that they violate veterans' rights; Judges say they waited 'long enough' for the VA to act and were compelled to intervene": Carol J. Williams has this article today in The Los Angeles Times. And Bob Egelko of The San Francisco Chronicle reports today that "Veterans' health care claims backed by U.S. court." My earlier coverage of yesterday's Ninth Circuit ruling appears at this link. "Senate OKs Edward Chen to be federal judge in S.F." Bob Egelko has this article today in The San Francisco Chronicle. And Josh Richman of The Oakland Tribune reports today that "U.S. Senate confirms Oakland native to federal bench." Ban "choate" from the legal lexicon, Seventh Circuit Judge Richard A. Posner advises: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link. Posted at 01:24 PM by Howard Bashman "Justice Thomas' Planned Speech in Georgia Draws Controversy": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 01:09 PM by Howard Bashman Sixth Circuit announces the composition of the three-judge panel assigned to hear and decide appeal from a district court's dismissal of claims challenging the constitutionality of the Patient Protection and Affordable Care Act: The name of the case is Thomas More Law Center v. Obama, No. 10-2388 (6th Cir.), and the case is scheduled for oral argument on Wednesday, June 1, 2011 at 1:30 p.m. The three-judge panel assigned to the case consists of Circuit Judges Boyce F. Martin, Jr. and Jeffrey S. Sutton and Senior U.S. District Judge James L. Graham of the Southern District of Ohio, sitting by designation. Judge Martin was nominated to the Sixth Circuit by President Carter. Judge Sutton was nominated to the Sixth Circuit by President George W. Bush. And Judge Graham was nominated to the Southern District of Ohio by President Reagan. According to the Sixth Circuit's announcement, which appears on that court's home page, "The oral argument will be available for listening or downloading on the court's website approximately one hour after the conclusion of the argument." This blog's earlier coverage of the district court's ruling that's now on appeal to the Sixth Circuit can be accessed here. And the "aca litigation blog" provided this quick summary of the ruling on the day it issued. Tuesday, May 10, 2011 "Appellate Court Hears Defense of Health Law": This article will appear Wednesday in The New York Times. In Wednesday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Healthcare law gets friendly hearing in appeals court; Three judges in the U.S. 4th Circuit, all Democratic appointees, indicate they're likely to uphold the Obama administration's new healthcare law." Wednesday's edition of The Washington Post will contain an article headlined "Judges in Va. appear skeptical about health overhaul arguments." Warren Richey of The Christian Science Monitor has an article headlined "Appeals court: Is health-care reform like broccoli? Attorneys challenging Obama's health-care reform law said that Congress cannot 'force us to buy a private product and say it is for our own good,' whether health insurance or broccoli." At "SCOTUSblog," Lyle Denniston has a post titled "Easy outing for health care law? The 14-month-old federal health care law's most important provision appears to be on its way to surviving its first constitutional test in a federal appeals court; The key problem for the challengers: their activity-inactivity distinction did not seem to work." And online at Slate, Dahlia Lithwick has a jurisprudence essay entitled "It's Good for You: A federal appeals court hears arguments about Obama's health care law -- and broccoli." "Senators Confirm Former ACLU Lawyer for Judgeship": At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "The U.S. Senate voted today to confirm Edward Chen to the federal district bench in the Northern District of California, ending a debate that had revolved around Chen's past work on polarizing civil liberties cases." You can access the U.S. Senate's official roll call vote tally by clicking here. "Air Force lesbian who won reinstatement retiring": The Associated Press has this report. Posted at 06:02 PM by Howard Bashman "Appeals court in NYC puts Chevron on defensive": The Associated Press has a report that begins, "A lawyer for energy company Chevron found himself on the defensive Tuesday as he argued that it was urgent that the courts protect the company from an $18 billion judgment against it in Ecuador over damage done to the Ecuadorean rain forest decades ago." Posted at 06:00 PM by Howard Bashman "Appeals court blasts VA mental health care system": The Associated Press has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued in typescript today. Circuit Judge Stephen Reinhardt delivered the opinion of the court, while Chief Judge Alex Kozinski issued a dissenting opinion. "Justice Thomas: making waves in First Amendment jurisprudence." David L. Hudson Jr. has this essay online at the First Amendment Center. Posted at 02:33 PM by Howard Bashman Access online the audio of today's Affordable Care Act oral arguments before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit: You can access the audio of the oral argument in Liberty University, Inc. v. Timothy Geithner via this link (7.85MB mp3 audio file). And you can access the audio of the oral argument in Commonwealth of Virginia v. Kathleen Sebelius via this link (4.61MB mp3 audio file). "Appeals court in Va. hears health care cases": The Associated Press has this report. Jim Nolan of The Richmond Times-Dispatch has a news update headlined "Federal court hears two health-care appeals in Richmond." David G. Savage of The Los Angeles Times has a news update headlined "Healthcare law gets friendly reception from appeals court panel; Two of the three judges were appointed by President Obama, the other by Bill Clinton; The judges' comments indicate they're leaning toward reversing a federal court decision in Virginia that called the healthcare law unconstitutional." Joan Biskupic of USA Today has a news update headlined "Judges hear arguments on Obama health care law." The Washington Post has a news update headlined "Federal appeals court in Virginia hears oral arguments in health care lawsuits." The Washington Times has a news update headlined "Opening arguments start in appeal of health care case." The Roanoke Times has a news update headlined "Federal appeals court hears health care cases." Bill Mears of CNN.com reports that "Federal appeals judges show support for health care reform law." Bloomberg News reports that "Congress Has Power Over Health-Care Markets, U.S. Tells Appeals Court." And Reuters reports that "Appeals court questions Obama healthcare lawsuit." "Remarkable opinion by Pennsylvania Justice assails federal defender involvement in state capital cases": Doug Berman has this post at his "Sentencing Law and Policy" blog. Posted at 11:48 AM by Howard Bashman "Justice Sotomayor welcomes new US citizens": The Associated Press has this report. Posted at 11:44 AM by Howard Bashman "Defining and Identifying Greatness in Appellate Advocacy": Today's issue of The Legal Intelligencer -- Philadelphia's daily newspaper for lawyers -- contains this month's installment of my "Upon Further Review" column. Posted at 11:42 AM by Howard Bashman On remand from the U.S. Supreme Court, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit has vacated certain counts of conviction obtained against former Alabama Governor Don Siegelman and former HealthSouth CEO Richard Scrushy: You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. The case has been remanded to the district court for resentencing. Update: In early news coverage, The Associated Press reports that "US court throws out 2 Ala. bribery convictions." U.S. Court of Appeals for the Fourth Circuit announces the identities of the federal appellate judges assigned to preside over today's Affordable Care Act oral arguments: The judges assigned to hear and decide these appeals are Circuit Judges Diana Gribbon Motz, Andre M. Davis, and James A. Wynn, Jr. All three of these judges are the nominees of Democratic Presidents. Judges Davis and Wynn were nominated to the Fourth Circuit by President Obama, while Judge Motz was nominated to the Fourth Circuit by President Clinton. Update: The Associated Press reports that "2 Obama appointees on VA court's health care panel." "Supreme Court: Class (action) dismissed; The high court's decision to prevent people from bringing class-action suits against corporations is further proof that its conservative majority favors businesses over consumers, employees and others suffering injuries." Law professor Erwin Chemerinsky has this op-ed today in The Los Angeles Times. Posted at 08:22 AM by Howard Bashman "Justice Department nominee remains in limbo after Senate vote": Today's edition of The Washington Post contains an article that begins, "Republicans in the U.S. Senate voted Monday to block President Obama's choice for the No. 2 position in the Justice Department, leaving the nominee in an official limbo that has already lasted months." Posted at 08:15 AM by Howard Bashman "2012 battlefield: The Supreme Court." Politico.com has this report. Posted at 08:11 AM by Howard Bashman "Virginia suits over federal health-care law go before appellate panel": This article appears today in The Washington Post. The Washington Times reports today that "Federal appeals courts set to hear 'Obamacare' cases; Requirement to purchase is challenged." Warren Richey of The Christian Science Monitor reports that "Obama's health-care reform law faces new test in appeals court; Two cases challenging the constitutionality of the health-care reform law arrive Tuesday for oral argument at the Fourth Circuit Court of Appeals in Richmond, Va." Bloomberg News reports that "Fight Over Obama Healthcare Law Reaches First of Three U.S. Appeals Courts." And Reuters reports that "Obama administration fights to save healthcare law." "N.F.L. Continues Effort to Maintain Lockout": Today's edition of The New York Times contains an article that begins, "The N.F.L. asked a federal appeals court Monday to vacate a District Court's preliminary injunction that briefly lifted the two-month lockout and send the case back to the District Court." Bloomberg News reports that "NFL Owners Ask U.S. Appeals Court to Reverse Order to Lift Player Lockout." And Reuters reports that "NFL says judge was wrong to block lockout." You can access online the Brief for Appellant that the National Football League filed yesterday in the U.S. Court of Appeals for the Eighth Circuit. In addition, the National Hockey League filed this proposed amicus brief. Monday, May 9, 2011 "Court to reconsider case of Super Bowl threat": The AP has this report on an order granting rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued today. The original three-judge panel's ruling issued while I was on vacation last August. "Resentencing for Conrad Black on track for June 24": The Associated Press has this report. Posted at 10:06 PM by Howard Bashman "John Paul Stevens writing book on chief justices": Politico.com has this report. Posted at 10:05 PM by Howard Bashman "Senate blocks Obama choice for No. 2 at Justice": The Associated Press has this report. Posted at 09:05 PM by Howard Bashman "Arizona taking immigration law to U.S. Supreme Court; Gov. Jan Brewer says Arizona is going directly to the Supreme Court to appeal a ruling by a U.S. 9th Circuit panel that the state's immigration law is unconstitutional": This article will appear Tuesday in The Los Angeles Times. The Arizona Republic has a news update headlined "Gov. Jan Brewer wants Supreme Court to overturn SB 1070 ruling." The Washington Times has a news update headlined "Arizona takes immigration law to Supreme Court." Warren Richey of The Christian Science Monitor reports that "Arizona to take appeal on immigration law straight to Supreme Court; Arizona officials say they will bypass another appeal in the Ninth US Circuit in order to speed up the process; They are asking that a federal judge's injunction against the immigration law be overturned." And Politico.com reports that "Arizona's Jan Brewer to appeal immigration ruling." "Court in Va. to hear US health care law challenges": The Associated Press has this report. In Tuesday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Healthcare law showdowns loom in appeals courts; Within the next few weeks, lawyers from 27 states will urge three U.S. appeals courts to strike down President Obama's healthcare law." And Bill Mears of CNN.com reports that "Appellate court set for health care review." "Appeals court rejects NY cigarette tax challenge": The Associated Press has a report that begins, "A federal appeals court has lifted stays that blocked New York's effort to collect taxes on cigarette sales by Indian-owned businesses to non-Indians." You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. "Arizona going to high court on immigration": The Associated Press has this report. Posted at 02:45 PM by Howard Bashman "Will Osama bin Laden death photos ever appear?" Tony Mauro has this news analysis online at the First Amendment Center. Posted at 02:36 PM by Howard Bashman "Health care challenges: Round 2 -- The first of four scheduled hearings in federal appeals courts on the constitutionality of the new health care law will be held Tuesday, with an audio recording due to be released in the afternoon." Lyle Denniston has this post at "SCOTUSblog." Posted at 01:40 PM by Howard Bashman Welcome to this blog's first-ever Minor League Baseball ticket give-away: As the headline of an article posted this morning at the web site of the Lakewood (N.J.) BlueClaws explains, "Bryce Harper, Hagerstown, Coming on Friday; Baseball's top prospect could be making only visit." Bryce Harper, of course, was the first overall pick in Major League Baseball's 2010 First-Year Player Draft and was selected by the Washington Nationals. This is Harper's first full year in the minor leagues, and he began the season and remains assigned to the Hagerstown (Md.) Suns of the single-A South Atlantic League. The Lakewood team itself features three first round picks of the Philadelphia Phillies, namely: Jesse Biddle; Anthony Hewitt; and Zach Collier. As luck would have it, I have an extra ticket to this upcoming Saturday afternoon's Lakewood BlueClaws game against the Hagerstown Suns. 4:05 p.m. start time, May 14, 2011, at FirstEnergy Park in Lakewood, New Jersey. The seat is located in section 111, behind the vistors' dugout, row 13, immediately next to the seat in which I will be sitting at the game. Contest rules: The ticket will be given away, free of charge, to the first person from whom I receive an email at this blog's email address requesting the ticket. My selection of the winner of this give-away will be final, and I reserve the right to reject entries from anyone who appears to lack the good faith intent to attend the game. Fine print: The ticket will be provided to the winner of this contest via email in a PDF file that the winner will need to print-out and bring with him or her to obtain admission to the game. The seat is located in prime foul ball territory, and the recipient of the ticket assumes all risk of injury from balls and/or bats that may enter the stands. Transportation to and/or from the event is not provided and is the sole responsibility of the recipient of the ticket. Good weather cannot be assured, as there is currently a risk of rain on the day of the game, and the game is played outdoors. If the game is not played or completed on May 14, 2011 due to bad weather or any other reason, there is no guarantee that the game will be rescheduled or completed at a later date, nor is there any guarantee that the author of this blog will be able to attend the game on any later date. Whether any particular player will appear at or in the game is not within the control of the author of this blog. Neither the host of this blog, nor any sponsor of this blog, is involved in any way in this give-away. Neither the name nor image of the winner of this give-away will be published at "How Appealing" without the consent of the winner of this give-away. Once the ticket is given away, I will post an update here stating that this give-away has concluded. To summarize: One ticket to the Saturday, May 14, 2011, 4:05 p.m. minor league baseball game featuring the Hagerstown Suns at the Lakewood BlueClaws at FirstEnergy Park in Lakewood, New Jersey will be given away, free of charge, to the first person from whom I receive an email at this blog's email address requesting the ticket, subject to the terms and conditions set forth above. "Stevens, retired from Supreme Court, has book deal": The Associated Press has this report. Posted at 10:32 AM by Howard Bashman "Battle Brews Over FBI's Warrantless GPS Tracking": Kim Zetter has this post today at Wired.com's "Threat Level" blog. The blog also has related posts titled "How to Check Your Car for a GPS Tracker"; "FBI Vehicle-Tracking Device: The Teardown"; and "Video: The Dissection of an FBI Bumper-Beeper." "Retardation issue set for 2nd round in courts; Death penalty cases involve one psychologist": Today's edition of The Houston Chronicle contains this article. Posted at 08:26 AM by Howard Bashman "Poultry growers see successful end to lawsuit": The Tulsa World contains this article today. Posted at 08:25 AM by Howard Bashman "Confederate flag in Shreveport key in death sentence appeal": This article appears today in The Shreveport Times. Posted at 08:22 AM by Howard Bashman "Obama Health Care Law: Challenge Inches Toward Supreme Court." Ariane de Vogue of ABCNews.com has this report. And The Virginian-Pilot reports today that "2 challenges to health law go to appeals court in Va." "Judges hand down the law with help from Bob Dylan; The protest era's vagabond poet is cited more often than any other songwriter in legal opinions and briefs; His ballads have become models for legal storytelling": Carol J. Williams has this article today in The Los Angeles Times. Posted at 07:48 AM by Howard Bashman Sunday, May 8, 2011 "Battle Over Health Care Law Shifts to Federal Appellate Courts": Kevin Sack will have this article Monday in The New York Times. Posted at 11:17 PM by Howard Bashman "Murder Appeal Raises Confederate Flag Issue": Nathan Koppel and Ashby Jones will have this article Monday in The Wall Street Journal. Posted at 09:28 PM by Howard Bashman "'Jerusalem' or 'Israel?' Supreme Court case raises trove of constitutional questions." Robert Barnes will have this article Monday in The Washington Post. Posted at 09:25 PM by Howard Bashman "30-Year-Old Capital Case Returns to Court, With Defense Alleging Bias": Today's edition of The New York Times contains an article that begins, "For the second time in three decades, a Texas court is preparing to decide whether Delma Banks Jr. should be executed for the 1980 shooting death of 16-year-old Richard Whitehead." Posted at 10:24 AM by Howard Bashman "Under the U.S. Supreme Court: With bin Laden taken out, is Awlaki next?" Michael Kirkland of UPI has this report. Posted at 10:22 AM by Howard Bashman "Administration taps top lawyer for first health reform appeal hearing": The Hill's "Healthwatch" blog has this post. Posted at 10:20 AM by Howard Bashman Saturday, May 7, 2011 "Clarence Thomas tells law grads to earn others' sacrifices": The Lincoln Journal Star has this news update. And The Associated Press reports that "Thomas talks of early struggles to Neb. crowd." Update: In addition, Sunday's edition of The Omaha World-Herald contained an article headlined "Thomas recalls unease as grad." "Scotus Journal: Stevens is retired, but in no way silent." Bill Mears of CNN.com has this report. Posted at 10:18 AM by Howard Bashman Friday, May 6, 2011 "Domestic Surveillance Court Approved All 1,506 Warrant Applications in 2010": David Kravets has this post at Wired.com's "Threat Level" blog. Posted at 06:24 PM by Howard Bashman "Stephen Higginson nominated to New Orleans-based federal appeals court": Today's edition of The Times-Picayune of New Orleans contains an article that begins, "Assistant U.S. Attorney Stephen Higginson of New Orleans is President Barack Obama's choice to fill a vacancy on the United States Court of Appeals for the 5th Circuit." And the White House has issued a news release titled "President Obama Announces Intent to Nominate Stephen Higginson to Serve on United States Court of Appeals." "Ninth Circuit Court of Appeals Mourns Passing of Judge Thomas G. Nelson": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today. Posted at 01:27 PM by Howard Bashman The U.S. Court of Appeals for the Eighth Circuit is now providing free online access to the documents filed in Tom Brady, et al. v. National Football League, et al., No. 11-1898 (8th Cir.): You can access the case filings via this link. Based on the oral argument responses that have already been filed, it appears that Ted Olson will argue the appeal on behalf of the players, while Paul Clement will argue the appeal on behalf of the NFL. Posted at 01:22 PM by Howard Bashman "Players' Lawyer Ted Olson Calls NFL Lockout Abuse of Monopoly": Aaron Kuriloff and Andrew Harris of Bloomberg News have this report. Posted at 10:10 AM by Howard Bashman "Case of immigrant who didn't tell sex partners he had HIV going to Supreme Court": The Canadian Press has an article that begins, "Canada's highest court will decide if an HIV-positive man who was being treated and sometimes used condoms still put his sex partners at 'significant risk.'" Posted at 08:55 AM by Howard Bashman "N.J. attorney general faces questions on Christie's threat to defy Supreme Court over school funding": Today's edition of The Newark Star-Ledger contains an article that begins, "A late afternoon Assembly budget hearing flared into an all-out constitutional debate Thursday when legislators asked Attorney General Paula Dow to settle the predominant legal question in Trenton: Can Gov. Chris Christie defy the state Supreme Court?" Posted at 08:54 AM by Howard Bashman In flag burning newz from New Zealand: The Dominion Post of Wellington, New Zealand has a news update headlined "Court throws out flag burning charge" that begins, "An activist who burned a New Zealand flag at an Anzac Day dawn service has had her conviction for offensive behaviour thrown out by the Supreme Court." And the New Zealand Press Association reports that "Flag burning conviction quashed." I have posted today's ruling of the Supreme Court of New Zealand at this link. In addition, the court issued this related media release. "Challenges to health care law get appellate hearing Tuesday": In today's edition of USA Today, Joan Biskupic has an article that begins, "The legal battle over the federal health care law shifts to a historic Richmond courthouse Tuesday, in the first appellate hearing on the constitutionality of the Obama-sponsored legislation." The U.S. Court of Appeals for the Fourth Circuit has posted online a notice titled "Affordable Care Act Oral Argument." According to the notice, " An audio link to the oral arguments will be available on the court's Internet site at 2:00 p.m. on May 10, 2011." "From Retirement, Justice John Paul Stevens Dissents in Funeral Protests Case": This post appears at "The Note" blog from ABCNews.com. Posted at 08:15 AM by Howard Bashman "Santa Cruz to appeal Nazi salute case to Supreme Court: Lawyers still seeking settlement with Robert Norse." The Santa Cruz Sentinel contains this article today. My earlier coverage of this case can be accessed via this link. "California Supreme Court addresses legal deadlines for tobacco lawsuits; The court rules that smokers may sue the tobacco industry once they develop a disease like lung cancer, even if they suffered different smoking-related ailments years earlier": Maura Dolan has this article today in The Los Angeles Times. And today in The San Francisco Chronicle, Bob Egelko reports that "Court OKs ex-smokers' suits against tobacco firms." My earlier coverage of yesterday's California Supreme Court ruling appears at this link. "Contractor seeks $40 million extra in 'hush' money; A $75 million renovation project under way at the U.S. Supreme Court may cost an extra $40 million, partly for dealing with the court's insistence on quiet during arguments and occupying the building during a major overhaul": Tony Mauro has this article (free registration required) online at law.com. Posted at 08:00 AM by Howard Bashman On this date in "How Appealing" history: On May 6, 2002, the "How Appealing" blog came into existence. In other words, today is this blog's ninth birthday. You can access this blog's archives via this link. Thanks to all of this blog's readers -- especially those who email tips and links to court rulings and news articles -- for continuing to make this an enjoyable endeavor. Thanks also to those who have drawn, and continue to draw, this blog's existence to the attention of others, thereby increasing this blog's readership. And thanks to Ninth Circuit Chief Judge Alex Kozinski for his endorsement, which issued just over four years ago. Thursday, May 5, 2011 "Court Says Porn on Work Computer Is Grounds for Firing": David Kravets has this post at Wired.com's "Threat Level" blog. You can access last Friday's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link. "Stevens casts some 'votes'; It is not a customary practice, but retired Justice Stevens has begun speaking out on how he would have voted, if still on the Court, on some of its most controversial decisions this Term": Lyle Denniston has this post at "SCOTUSblog." Posted at 08:54 PM by Howard Bashman "Is It 'Justice'? The danger of confusing the death of Osama Bin Laden with an act of justice." Law professor Thomas Nachbar has this jurisprudence essay online at Slate. Posted at 08:50 PM by Howard Bashman "Teacher who placed Craigslist sex ad can be fired": Bob Egelko of The San Francisco Chronicle has this news update about a ruling that the California Court of Appeal for the Fourth Appellate District, Division One, released for publication on Tuesday. Posted at 08:44 PM by Howard Bashman "Court puts Carl Lewis back on NJ primary ballot": The Associated Press has this report on an order that the U.S. Court of Appeals for the Third Circuit issued today. And in other coverage, The Newark Star-Ledger has a news update headlined "U.S. appeals court orders that Carl Lewis be placed on N.J. Senate primary ballot." "California Top Court Says Smoker Can Sue Years After Illness": Bloomberg News has this report. And Dan Levine of Reuters has an article headlined "Ex-smoker can sue for later illness: Calif. court." You can access today's ruling of the Supreme Court of California at this link. Sixth Circuit overturns substantive due process ruling in favor of American Express in challenge to Kentucky statute that shortened the time in which a presumption of abandonment arises for unused traveler's checks: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link. Posted at 11:02 AM by Howard Bashman "Still Stupid, Still Wrong, Still Immoral: Why the death of Osama Bin Laden shouldn't change our views about torture -- or of the people who approved it." Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 10:34 AM by Howard Bashman "King & Spalding's Reversal of Fortune": Steven Harper has this guest post at "The Am Law Daily" blog. Posted at 10:26 AM by Howard Bashman "Smyrna gun shop owner loses another round in legal fight with New York": This article appears today in The Atlanta Journal-Constitution. My earlier coverage of yesterday's Second Circuit ruling appears at this link. "Strained ties for SJC chief and governor; Ireland, Patrick at odds over probation proposal": Today's edition of The Boston Globe contains this front page article. And in somewhat related news, today's paper also reports that "Council approves Lenk for seat on state's top court." "Christie refuses to talk about flouting N.J. Supreme Court if it orders more school funding": This article appears today in The Newark Star-Ledger. Posted at 08:20 AM by Howard Bashman "Recuse Me": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times. Posted at 08:16 AM by Howard Bashman "9th Circuit rules, for third time, that Thai teen's confession in slayings was invalid; The Supreme Court had asked the U.S. 9th Circuit Court of Appeals to review its previous decisions in the case of a Thai teenager who confessed to killing nine worshipers at a Buddhist temple near Phoenix in 1991": Carol J. Williams has this article today in The Los Angeles Times. In today's edition of The East Valley Tribune of Tempe, Arizona, Howard Fischer reports that "Judge again voids confession, conviction in '91 temple murders." And Ginny LaRoe of The Recorder reports that "Ninth Circuit Reaffirms Habeas Relief After High Court Reversal." My earlier coverage of yesterday's en banc Ninth Circuit ruling appears at this link. "Third time the charm: McConnell confirmed." Today's edition of The Providence (R.I.) Journal contains an article that begins, "Without a single Republican vote, the Senate confirmed Providence lawyer John J. McConnell's nomination to the U.S. District Court for Rhode Island on Wednesday, closing a long and uncommonly harsh judicial debate on a partisan note." And The Washington Times reports today that "Up-down vote gives Obama 20th 2011 judicial OK; 11 Republicans vote against filibuster tactic." You can access the official roll call vote tally of yesterday's U.S. Senate confirmation vote at this link. Wednesday, May 4, 2011 "States ask US court to overturn health overhaul": The Associated Press has a report that begins, "More than two dozen states challenging the health care overhaul urged a U.S. appeals court on Wednesday to strike down the Obama administration's landmark law, arguing it far exceeds the federal government's powers." Posted at 11:45 PM by Howard Bashman "Nuns' votes tossed in state Supreme court recount; 18 Sauk County absentee ballots are missing witness signatures": The Milwaukee Journal Sentinel has a news update that begins, "The recount for the state Supreme Court race has come to this: Votes from nuns have been thrown out. The twist in the race between Justice David Prosser and challenger JoAnne Kloppenburg came during the recount in Sauk County. There, ballots of Cistercian nuns from the Valley of Our Lady Monastery in Prairie du Sac were rejected." Posted at 11:34 PM by Howard Bashman "Mass. judge will be state's 1st openly gay justice": The Associated Press has a report that begins, "State appeals court judge Barbara Lenk was confirmed Wednesday to the Supreme Judicial Court, allowing her to become the first openly gay judge to join the court that in 2003 issued the landmark ruling that made Massachusetts the first state to permit same-sex marriage." Posted at 11:30 PM by Howard Bashman "Failing Grades on Civics Exam Called a 'Crisis'": The New York Times has a news update that begins, "Fewer than half of American eighth graders knew the purpose of the Bill of Rights on the most recent national civics examination, and only one in 10 demonstrated acceptable knowledge of the checks and balances among the legislative, executive and judicial branches, according to test results released on Wednesday." Posted at 03:54 PM by Howard Bashman Two en banc rulings of note that the U.S. Court of Appeals for the Ninth Circuit issued today: The Associated Press has an article headlined "Court overturns Ariz. Buddhist temple confession" reporting on this en banc Ninth Circuit ruling issued today. And by means of a separate en banc ruling issued today, the Ninth Circuit has reinstated state law claims arising from a dispute over ownership of the idea behind the "Ghost Hunters" television series. My earlier coverage of this case can be accessed here. "Obama Nominates Droney For Appeals Court; Follows failed appointment of Chatigny": The Hartford Courant has a news update that begins, "President Obama on Wednesday nominated federal district court Judge Christopher F. Droney to the U.S. 2nd Circuit Court of Appeals in New York." Posted at 03:18 PM by Howard Bashman "Key vote set in McConnell nomination": In today's edition of The Providence (R.I.) Journal, John E. Mulligan has an article that begins, "The Senate is about to 'go to war,' in the words of one conservative lobbyist, over John J. McConnell Jr.'s nomination to the U.S. District Court in Rhode Island." More recently, Mulligan has news updates headlined "McConnell's judicial confirmation seen as assured" and "GOP senator says McConnell lied to Senate panel." You can access at this link the U.S. Senate's official roll call vote tally on the cloture motion. Update: The Associated Press reports that "GOP fails to bottle up RI lawyer's nomination." And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Trial Lawyer Judicial Nominee Overcomes Threatened Filibuster." "Appeals court tosses orders barring illegal gun sales by out-of-state dealers": The New York Post has this news update reporting on a ruling that the U.S. Court of Appeals for the Second Circuit issued today. Posted at 01:44 PM by Howard Bashman "Indiana opening new front in abortion battle; Gov. Mitch Daniels says he'll sign a bill cutting funding for Planned Parenthood, which could help his presidential hopes and pose problems for the Obama administration": David G. Savage of The Los Angeles Times has this article today. And in related news, The Fort Worth Star-Telegram reports today that "Texas sonogram bill clears Senate, heads to House." "Newspaper articles damaged companies, businessman says; Thomas A. Joseph says Citizens' Voice stories about grand jury probe libeled him": This article appears today in The Times Leader of Wilkes-Barre, Pennsylvania. And The Standard Speaker of Hazleton, Pennsylvania reports today that "Plaintiff recounts issues against newspaper." "California backs off on plan to resume executions this year; San Quentin State Prison's new warden wants to recruit a new execution team, prompting the corrections department to say more time will be needed before a federal judge can review revised lethal injection procedures": Carol J. Williams has this article today in The Los Angeles Times. Posted at 08:30 AM by Howard Bashman "State Supreme Court will hear SWB Yankees vs. The Times-Tribune": Today's edition of The Times-Tribune of Scranton, Pennsylvania contains this article reporting on an order that the Supreme Court of Pennsylvania issued yesterday. Posted at 08:27 AM by Howard Bashman "As Barriers to Lawyers Persist, Immigrant Advocates Ponder Solutions": This article appears today in The New York Times. According to the article, "John Paul Stevens, the retired Supreme Court justice, who galvanized immigrant advocates with a decision last year that said lawyers must tell their clients about the deportation consequences of pleading guilty, delivered the keynote address." Posted at 08:24 AM by Howard Bashman "NAACP wants Confederate flag removed at Caddo Courthouse; Issue will be subject of hearing before state Supreme Court on May 9": The Shreveport Times contains this article today. Posted at 08:20 AM by Howard Bashman "Court Agrees To Expedite N.F.L.'s Appeal": This article appears today in The New York Times. My earlier coverage of yesterday's Eighth Circuit order appears at this link. "Bin Laden Raid Revives Debate on Value of Torture": The New York Times contains this article today. Tom Lasseter of McClatchy Newspapers reports that "Tip that led to bin Laden may have come from Guantanamo." And in today's edition of The Wall Street Journal, law professor John Yoo has an op-ed entitled "From Guantanamo to Abbottabad: The bin Laden mission benefited greatly from Bush administration interrogation policies, but President Obama still prefers to kill, rather than capture, terrorists; This costs valuable intelligence." "Gay Calif. judge now the focus in same-sex marriage fight": This article appears today in The Washington Post. And today's edition of The New York Times contains an editorial entitled "Fit to Rule on Same-Sex Marriage." Tuesday, May 3, 2011 "Biglaw Litigators, Rejoice! A Circuit Court Opinion on a Discovery Dispute." At "Above the Law," David Lat has this post about a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today. Posted at 08:40 PM by Howard Bashman "Appeals court sets June 3 hearing on lockout fight": The Associated Press has a report that begins, " A federal appeals court agreed Tuesday to fast track the NFL's request to put its labor lockout in place until a new deal is finally worked out." You can access today's order of the U.S. Court of Appeals for the Eighth Circuit at this link. "Prince Charles Visits the Supreme Court": Tony Mauro has this post at "The BLT: The Blog of Legal Times." And The Associated Press reports that "Prince Charles visits DC farm, Supreme Court." "Fla. Senate Puts Sweeping Court Reforms Before Voters": Wednesday's edition of The New York Times will contain an article that begins, "The Florida Senate has decided to put major changes in the state court system before voters next year but only after rejecting the most contentious proposal that would have split the Florida Supreme Court in two." Posted at 05:52 PM by Howard Bashman "Stevens Criticizes Ruling on Prosecutorial Immunity": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Update: And at WSJ.com's "Law Blog," Jess Bravin has a post titled "Stevens Urges Congress to Crack Down on Prosecutorial Misconduct." You can access the prepared text of the remarks of retired Justice John Paul Stevens by clicking here. "Joseph retrial focuses on paper's stories; A state court overturned a verdict against the Citizens' Voice newspaper in 2009": The Times Leader of Wilkes-Barre, Pennsylvania contains this article today. And The Citizens' Voice of Wilkes-Barre, Pennsylvania reports today that "Second trial in CV defamation case begins." "Supreme Court rules for Wyoming in water rights case": This article appears today in The Billings Gazette. Posted at 10:12 AM by Howard Bashman "Death sentence of Garfield Heights man reinstated Monday by U.S. Supreme Court": The Cleveland Plain Dealer contains this article today. Posted at 10:08 AM by Howard Bashman "Sweeney, Christie end impasse over N.J. Supreme Court nomination": This article appears today in The Philadelphia Inquirer. Posted at 10:06 AM by Howard Bashman "Supreme Court Justice Sotomayor to speak at Ramapo College commencement": The Bergen County (N.J.) Record contains this article today. Posted at 10:04 AM by Howard Bashman "Reid seeking to force Senate vote on nomination of John J. McConnell to U.S. District Court for R.I." This article appears today in The Providence Journal. Posted at 09:22 AM by Howard Bashman Monday, May 2, 2011 "Appeals court hears arguments in Obama birth suit": The Associated Press has this report. You can access via this link the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. "Cheerleader who wouldn't root for assailant loses": Bob Egelko of The San Francisco Chronicle has a news update that begins, "A Texas high school cheerleader who was kicked off the squad for refusing to chant the name of a basketball player -- the same athlete she said had raped her four months earlier -- lost a U.S. Supreme Court appeal Monday." And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Supreme Court Refuses Appeal of 'Silent' Cheerleader." "Giants experience Supreme Court, Caps game": MLB.com has a report that begins, "On Monday, the Giants organization visited the Supreme Court of the United States. They met with Justice Anthony Kennedy and Justice Sonia Sotomayor and received an exclusive tour of the historic institution." Posted at 10:50 PM by Howard Bashman "Senate passes Supreme Court overhaul -- without expansion plan": Tuesday's edition of The St. Petersburg Times will contain an article that begins, "The Senate handed House Speaker Dean Cannon a partial victory Monday in his effort to overhaul the Florida Supreme Court but only after stripping out the most controversial measure." Posted at 10:42 PM by Howard Bashman Carol J. Rosenberg of The Miami Herald is reporting: This weekend, she had articles headlined "For first time, all 172 detainees come into view" and "Pentagon funds Cole case death-penalty defender; In an important first step, the Pentagon hired an experienced death-penalty defense lawyer to work on the the USS Cole bomber suspect's case." Posted at 10:40 PM by Howard Bashman "Appeals court sides with Alameda County in gun-rights case; In a gun-rights case, a couple who had sold guns for years at the fairgrounds sued after Alameda County passed an ordinance banning firearms from public property": Carol J. Williams of The Los Angeles Times has this news update. Bob Egelko of The San Francisco Chronicle has a news update headlined "Legal setback for Alameda County gun show backers." And The Contra Costa Times has a news update headlined "U.S. Appeals Court backs Alameda County gun ban." You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "N.J. lawmakers strike deal to advance state Supreme Court nomination": The Newark Star-Ledger has this news update. Posted at 10:30 PM by Howard Bashman "Democrats Push for Vote on Trial Lawyer Judicial Nominee": David Ingram has this post at "The BLT: The Blog of Legal Times." Posted at 10:23 PM by Howard Bashman "In Case of Eyewitness vs. Alibi, a Question of Lawyers' Competence": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times. Posted at 10:12 PM by Howard Bashman "NRA Drops King & Spalding as Clement Fallout Continues": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 10:14 AM by Howard Bashman Access online today's Order List and ruling in an argued case of the U.S. Supreme Court: You can access today's Order List at this link. The Court today granted review in two cases. Justice Clarence Thomas delivered the opinion of the Court in Montana v. Wyoming, No. 137, Orig. Justice Antonin Scalia filed a dissenting opinion. And Justice Elena Kagan did not take part in the ruling. You can access the oral argument via this link. Finally, the Court issued a unanimous, per curiam reversal of the U.S. Court of Appeals for the Sixth Circuit in Bobby v. Mitts, No. 10-1000. In early news coverage, The Associated Press reports that "Court sides with Wyoming in dispute with Montana"; "Court to hear US passport dispute over Jerusalem"; and "Supreme Court to hear another arbitration argument." "A Tipping Point for Gay Marriage?" In the Week in Review section of yesterday's edition of The New York Times, Adam Liptak had an article that begins, "It's not every day that a leading law firm fires a client for holding a position so extreme that it may be said to be unworthy of a defense. And it is rarer yet -- unheard of, really -- when that client is the House of Representatives and the position in question is a federal law." Posted at 09:46 AM by Howard Bashman "Sotomayor '76 speaks on personal history": The Daily Princetonian contains this article today. Posted at 07:55 AM by Howard Bashman "Canada Election Result Bloggers Face Fines Under 1938 Law": Bloomberg News has a report that begins, "Social media and a 73-year-old law may be headed for a collision today when Canada holds a national election as tweeters and bloggers face the possibility of C$25,000 ($26,400) fines for posting results before the polls close in the West." Posted at 07:48 AM by Howard Bashman "Abu-Jamal's case is far from over": Nathan Gorenstein has this article today in The Philadelphia Inquirer. Posted at 07:44 AM by Howard Bashman Sunday, May 1, 2011 "Middle East politics at play in passport dispute": Mark Sherman of The Associated Press has this report. Posted at 12:11 PM by Howard Bashman 
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