How Appealing

Thursday, June 30, 2011

"Appeals court upholds health-care law's individual mandate": Jerry Markon has this article today in The Washington Post.

In today's edition of The Wall Street Journal, Jess Bravin reports that "Appeals Court Says Health Law Is Constitutional."

The Detroit News reports that "6th Circuit Appeals Court upholds Obama health care law."

And at Time magazine's "Swampland" blog, Massimo Calabresi has a post titled "A Closer Look at Obama's Big Legal Win on Health Reform."
Posted at 08:10 PM by Howard Bashman



"Term review: A more activist Court; The Court has just finished a Term in which its tendency to decide cases more broadly than necessary -- an activist inclination -- appeared to deepen." Lyle Denniston has this post at "SCOTUSblog."
Posted at 08:06 PM by Howard Bashman


"No Justice push for Thomas recusal": Politico.com has an article that begins, "A current and a retired Supreme Court justice on Wednesday declined to criticize Justice Clarence Thomas for not recusing himself from cases that critics say he has a personal interest in because of his wife's employment."
Posted at 08:05 PM by Howard Bashman


Programming note: I'll be out of the office this afternoon. As a result, additional posts will appear here later today.
Posted at 10:08 AM by Howard Bashman


"High court undoes Scalia's pro-tobacco order": Mark Sherman of The Associated Press has this report.
Posted at 07:50 AM by Howard Bashman


Wednesday, June 29, 2011

"Sonia Sotomayor: How She Became the Public Face of the Supreme Court's Liberal Wing." Law professor David Fontana has this essay online at The New Republic.
Posted at 11:08 PM by Howard Bashman


"Roberts Court Wraps up Term, Leaving Significant Conservative Mark": This segment (transcript with link to video) featuring Marcia Coyle appeared on yesterday's broadcast of the PBS program "NewsHour with Jim Lehrer."
Posted at 11:07 PM by Howard Bashman


"Common Sense and Sensibility": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 09:54 PM by Howard Bashman


"High court could make gay marriage a 2012 issue; In 2004, the topic motivated conservative voters in Ohio and other states": Tom Curry, national affairs writer for MSNBC.com, has this report.
Posted at 09:50 PM by Howard Bashman


"Alabama Chief Justice Sue Bell Cobb to step down Aug. 1": The Birmingham News has this update.
Posted at 09:48 PM by Howard Bashman


"Newspaper Chain Fights for Copyright Troll's Survival": David Kravets has this post at Wired.com's "Threat Level" blog.

And VEGAS INC has reports headlined "Righthaven disputes judge's criticism on disclosures" and "Another judge threatens to dismiss Righthaven copyright suits."
Posted at 08:40 PM by Howard Bashman



"Lokuta's reinstatement bid's final shot: U.S. high court filing." This article appears today in The Times Leader of Wilkes-Barre, Pennsylvania.

And The Citizens' Voice of Wilkes-Barre reports today that "Lokuta takes her fight to Supreme Court." That newspaper has posted the petition for writ of certiorari at this link.
Posted at 08:20 PM by Howard Bashman



"Bush v. Gore: Is it worse for a child to see pornography or graphic violence?" Brian Palmer has this explainer essay online at Slate.
Posted at 08:02 PM by Howard Bashman


"Supreme Court: 2010-11 term in review." Joan Biskupic has this article today in USA Today.
Posted at 07:58 PM by Howard Bashman


"Appeals court upholds health care law": Joan Biskupic of USA Today has this news update.

The Columbus (Ohio) Dispatch has a news update headlined "Federal appeals court upholds Obama's new health care law."

Politico.com reports that "6th Circuit panel upholds individual mandate."

The Hill has a blog post titled "Court rules healthcare reform law is constitutional, upholds mandate."

And this evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Federal Court Upholds Health Care Law" featuring Nina Totenberg.
Posted at 07:44 PM by Howard Bashman



"Divided Appeals Court Rules Against FBI In Death Penalty Case": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times."

You can access yesterday's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 07:22 PM by Howard Bashman



In Bashman newz from New Zealand: The New Zealand Herald has a news update headlined "Thugs bash man, then force nephew to get cash."
Posted at 02:11 PM by Howard Bashman


"Physicians file lawsuit to stop abortion clinic restrictions": Today's edition of The Kansas City Star contains an article that begins, "A father-daughter physician team is going to court to stop the state from imposing new rules that could potentially leave the state abortion free by the end of the week."
Posted at 01:27 PM by Howard Bashman


The U.S. Court of Appeals for the Sixth Circuit has issued its ruling in Thomas More Law Center v. Obama: You can access the ruling at this link. The line-up on the three-judge panel is as follows:
MARTIN, J., delivered the opinion of the court, in which SUTTON, J., and GRAHAM, D. J., concurred as to Parts I (background) and II (subject matter jurisdiction) and in which SUTTON, J., concurred in the judgment. SUTTON, J. (pp. 27-53), delivered the opinion of the court as to Part I (taxing power) of his opinion, in which GRAHAM, D. J., joins. GRAHAM, D. J. (pp. 54-64), delivered a separate opinion concurring in part and dissenting in part
As the lead opinion explains, "We find that the minimum coverage provision is a valid exercise of legislative power by Congress under the Commerce Clause and therefore AFFIRM the decision of the district court."

Senior U.S. District Judge James L. Graham's separate opinion concludes:

Notwithstanding Raich, I believe the Court remains committed to the path laid down by Chief Justice Rehnquist and Justices O'Connor, Scalia, Kennedy, and Thomas to establish a framework of meaningful limitations on congressional power under the Commerce Clause. The current case is an opportunity to prove it so.

If the exercise of power is allowed and the mandate upheld, it is difficult to see what the limits on Congress's Commerce Clause authority would be. What aspect of human activity would escape federal power? The ultimate issue in this case is this: Does the notion of federalism still have vitality? To approve the exercise of power would arm Congress with the authority to force individuals to do whatever it sees fit (within boundaries like the First Amendment and Due Process Clause), as long as the regulation concerns an activity or decision that, when aggregated, can be said to have some loose, but-for type of economic connection, which nearly all human activity does. See Lopez, 514 U.S. at 565 ("[D]epending on the level of generality, any activity can be looked upon as commercial."). Such a power feels very much like the general police power that the Tenth Amendment reserves to the States and the people. A structural shift of that magnitude can be accomplished legitimately only through constitutional amendment.

Thus, only one judge on the three-judge panel would have struck down the federal healthcare mandate as beyond Congress's powers under the Commerce Clause.

My earlier coverage of this case can be accessed here (linking to the biographies of the judges on the appellate panel) and here (linking to the appellate oral argument audio and initial news coverage of the oral argument).

In early news coverage of today's ruling, The Associated Press reports that "US appeals court upholds Obama health care law."

Bloomberg News reports that "Obama Administration Health Care Law Upheld by U.S. Appeals Court Panel."

Reuters reports that "Appeals court backs healthcare law, win for Obama."

Bill Mears of CNN.com reports that "Appeals court rules in favor of Obama on health care."

The New York Times has a news update headlined "Appeals Court Upholds Obama's Health Care Law."

Noam N. Levey and David G. Savage of The Los Angeles Times have a news update headlined "In major test, appeals court upholds Democratic healthcare law."

The Wall Street Journal has a news update headlined "Appeals Court in Ohio Upholds Health Law."

The Washington Times has a news update headlined "Appeals court upholds Obama's health care law."

The Cincinnati Enquirer has a news update headlined "Cincinnati appeals court upholds Obama's health-reform plan."

At "SCOTUSblog," Lyle Denniston has a post titled "Health insurance mandate survives -- barely."

And at the "aca litigation blog," law professor Brad Joondeph thus far has written five posts about the ruling. You can access those posts here, here, here, here, and here.
Posted at 12:47 PM by Howard Bashman



"Court Jesting: These Sentences Don't Get Judged Too Harshly; Creative Writing Rules for Some on Bench; 'Tough as a Three-Dollar Steak."' Nathan Koppel has this article today in The Wall Street Journal. And at WSJ.com's "Law Blog," Koppel has this related post.

As for what may explain the upsurge in creative opinion writing, Koppel's article notes one possible explanation -- a desire to attract attention from the growing number of widely read law-related blogs.

The article correctly observes that sometimes creative opinion writing succeeds, while other times it does not. I have thus adopted a policy here at "How Appealing" of trying to highlight the best examples of the genre, while simply ignoring those instances that fall flat or seem to amount to little more than unseemly pleas for attention.
Posted at 10:58 AM by Howard Bashman



Watch live from the Aspen Ideas Festival -- "Does the Supreme Court Follow the People?" The program, featuring Justice Stephen G. Breyer, law professor Larry Kramer, and retired Justice Sandra Day O'Connor, with law professor Jeffrey Rosen serving as moderator, is scheduled to begin at 11 a.m. eastern time today.

You can view the event live via this link. Thanks to law professor Rick Hasen for the pointer.
Posted at 10:46 AM by Howard Bashman



Tuesday, June 28, 2011

"Should Justices Keep Their Opinions to Themselves?" Jeff Shesol will have this op-ed Wednesday in The New York Times.
Posted at 11:35 PM by Howard Bashman


"Justices who will shape Supreme Court's future are matching pairs": Robert Barnes will have this article Wednesday in The Washington Post.
Posted at 11:32 PM by Howard Bashman


"Couple's case against EPA to be heard; Can't build on property in Idaho designated as wetland by agency": This article will appear Wednesday in The Washington Times.

And Lawrence Hurley of Greenwire has an article headlined "Supreme Court to Hear EPA Wetland Case" (via The New York Times).
Posted at 11:30 PM by Howard Bashman



"Penn State Law case beats long odds to be heard by the Supreme Court": The Pennsylvania State University today issued a news release that begins, "The U.S. Supreme Court will hear a case presented by the Penn State Law Civil Rights Appellate Clinic."
Posted at 08:12 PM by Howard Bashman


"Lawyers in two online speech cases will seek Supreme Court review; J.S., Doninger would be the high court's first cases addressing student expression on the internet": The Student Press Law Center has this report.
Posted at 08:06 PM by Howard Bashman


"Lodi man cannot sue foreign manufacturer for product liability, U.S. Supreme Court rules": The Newark (N.J.) Star-Ledger has this report.
Posted at 08:04 PM by Howard Bashman


"Clean Water Act Compliance Case Draws U.S. High Court Review": Greg Stohr of Bloomberg News has this report.
Posted at 07:38 PM by Howard Bashman


"Tobacco firms lose challenge to Louisiana ruling": Bruce Alpert of The Times-Picayune of New Orleans has a news update that begins, "The U.S. Supreme Court Monday refused a request by tobacco companies to vacate a 2009 order requiring them to finance a $278 million smoking cessation program in Louisiana."

And Law360.com reports that "High Court Won't Review Smokers' $270M Judgment."
Posted at 07:35 PM by Howard Bashman



"Analysis: Big business scores key Supreme Court term wins." James Vicini of Reuters has this report.
Posted at 07:22 PM by Howard Bashman


"First Amendment Dominates Court's Latest Term": Adam Liptak will have this article Wednesday in The New York Times.
Posted at 07:20 PM by Howard Bashman


"Supreme Court to decide state ban on lame pigs": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 04:28 PM by Howard Bashman


"N.J. Senate approves nomination of Anne Patterson to state Supreme Court": This article appears today in The Newark Star-Ledger.
Posted at 04:26 PM by Howard Bashman


"Ga. execution is fodder for challenges to new drug": The Associated Press has this report.
Posted at 03:02 PM by Howard Bashman


"Two probes opened into Bradley claim": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "Two agencies are investigating a claim by Supreme Court Justice Ann Walsh Bradley that Justice David Prosser put her in a chokehold earlier this month -- an allegation Gov. Scott Walker on Monday called extremely serious." The newspaper also contains an editorial entitled "Unseemly, once again: A long-running soap opera continues in Madison with conflicting reports of a physical altercation between Justices David Prosser and Ann Walsh Bradley." And columnist Eugene Kane has an op-ed entitled "Court scenario ridiculous, but it's not a joke."

Today's edition of The Wisconsin State Journal contains an article headlined "Court watchers say high court has hit new low." In addition, columnist Chris Rickert has an op-ed entitled "When it comes to workplace violence, justice shouldn't trump the law." And the newspaper has also posted online a news update headlined "Mahoney, in charge of Prosser-Bradley probe, endorsed Prosser's challenger."
Posted at 02:54 PM by Howard Bashman



"Supreme Court Term in Review: It's a Mixed Bag." David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 02:35 PM by Howard Bashman


In posts of note at "The BLT: The Blog of Legal Times." Tony Mauro has a post titled "Neal Katyal's Sentimental Send-Off."

And Marcia Coyle has a post titled "Supreme Court Sends Judicial Pay Challenge Back to Federal Circuit."
Posted at 02:26 PM by Howard Bashman



"Second Lives: For These Former Justices, Retirement Is No Day at the Beach": Mark Walsh has this article in the July 2011 issue of ABA Journal magazine.
Posted at 10:46 AM by Howard Bashman


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

Justice Antonin Scalia issued a dissent from a GVR order in Beer v. United States, No. 09-1395.

In early news coverage, The Associated Press has reports headlined "High court casts doubt on Maine law"; "High court rejects Conn. Green Party appeal"; and "Court won't revive Clemens lawsuit against trainer."

And at "SCOTUSblog," Lyle Denniston has a post titled "Two more cases granted; In the last batch of orders until summer, the Court grants two more cases for review in the next Term; The Court also ordered a federal appeals court to reconsider a case on federal judges' pay scales."
Posted at 10:40 AM by Howard Bashman



"Freedom of Speech Is Buttressed as U.S. Supreme Court Caps Nine-Month Term": Greg Stohr of Bloomberg News has this report.

And in today's edition of The Wall Street Journal, Jess Bravin reports that "Court Conservatives Prevail; Videogame, Campaign-Finance Rulings Cap Term That Broadened Free Speech."
Posted at 09:44 AM by Howard Bashman



Fifth Circuit issues ruling in case captioned All Plaintiffs v. All Defendants: Despite the case's name, the ruling fails to resolve all litigation pending throughout the universe.

In coverage of the ruling, Law360 has an article that begins, "The Fifth Circuit on Monday ruled that Texas is entitled to over $4 million in unclaimed money from the settlement of a long-running antitrust class action against oil-leasing companies, overturning a district court's ruling." Yesterday's ruling explains that the district court, under the doctrine of cy pres, had sought to donate the unclaimed funds to the Center for Energy and Environmental Resources at the University of Texas.
Posted at 09:35 AM by Howard Bashman



"Stephen Breyer on Intellectual Influences": TheBrowser.com has posted online this FiveBooks interview with U.S. Supreme Court Justice Stephen G. Breyer.
Posted at 09:27 AM by Howard Bashman


Monday, June 27, 2011

"Goodyear Wins U.S. High Court Case on Foreign-Unit Suits": Greg Stohr of Bloomberg News has this report.

And Dow Jones Newswires report that "Supreme Court Bars U.S. Suit Against Goodyear Units Over French Crash."
Posted at 07:58 PM by Howard Bashman



"Justices Agree To Consider F.C.C. Rules On Indecency": This article will appear Tuesday in The New York Times.

The Wall Street Journal has a news update headlined "High Court to Rule on FCC Indecency Case."

James Vicini of Reuters reports that "Supreme Court to decide TV profanity, nudity case."

And Greg Stohr and Todd Shields of Bloomberg News reports that "Broadcast On-Air Profanity, Nudity Limits to Get U.S. Supreme Court Review."
Posted at 07:52 PM by Howard Bashman



"Supreme Court to decide whether police can attach GPS device to a car without a warrant; Is tracking a motorist for several weeks with a GPS device an 'unreasonable search' under the 4th Amendment? The Supreme Court says it will hear the case this fall." David G. Savage of The Los Angeles Times has this news update.

Warren Richey of The Christian Science Monitor has an article headlined "GPS tracking device: Supreme Court to consider its use in following suspects; GPS tracking device was installed by FBI agents to follow a man who was convicted of a drug conspiracy charge; The Supreme Court will consider: Is a warrant needed for long-term surveillance?"

Bill Mears of CNN.com reports that "Justices to decide police use of GPS devices on suspects' cars."

Greg Stohr of Bloomberg News reports that "GPS Device Used by Police Will Get U.S. Supreme Court Scrutiny."

James Vicini of Reuters reports that "Supreme Court to decide police GPS tracking case."

At Wired.com's "Threat Level" blog, David Kravets has a post titled "Supreme Court to Decide Constitutionality of Warrantless GPS Monitoring."

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "U.S. Supreme Court to Review GPS Surveillance Case."
Posted at 07:42 PM by Howard Bashman



"Supreme Court strikes down provision of Arizona campaign finance law": The Arizona Republic has this news update.

Howard Fischer of The Arizona Daily Star has a news update headlined "Supreme Court voids part of Arizona's election financing law."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court imposes limits on public funding of campaigns; In a 5-4 decision along ideological lines, the U.S. Supreme Court strikes down an Arizona law offering extra 'matching funds' to candidates who face a well-heeled opponent."

Joan Biskupic of USA Today has a news update headlined "High court strikes down Ariz. campaign finance law."

Politico.com reports that "SCOTUS issues limited campaign finance ruling."

And The Hill reports that "Supreme Court strikes down Arizona matching funds campaign law."
Posted at 04:58 PM by Howard Bashman



"Dane County Sheriff's office may investigate Bradley claim": The Milwaukee Journal Sentinel has a news update that begins, "The Dane County Sheriff's Office may soon investigate a claim by Supreme Court Justice Ann Walsh Bradley that Justice David Prosser put her in a chokehold earlier this month."

And The Associated Press has a report headlined "Wis. Gov: Supreme Court needs to resolve discord."
Posted at 02:36 PM by Howard Bashman



"High drama at announcement of ruling on violent video games": Tony Mauro has this report online at the First Amendment Center.
Posted at 02:06 PM by Howard Bashman


"Justices Strike Down Arizona Campaign Finance 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 strikes Arizona system of 'matching funds' to publicly financed candidates."

James Vicini of Reuters reports that "Supreme Court strikes down Arizona campaign finance law."

And Greg Stohr and Jonathan Salant of Bloomberg News report that "Arizona Public Financing System Struck Down by High Court."
Posted at 01:24 PM by Howard Bashman



"High Court's Term Shows Kennedy's Sway": Jess Bravin of The Wall Street Journal has this news update.
Posted at 01:20 PM by Howard Bashman


"Justices Reject Ban on Violent Video Games for Children": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court strikes Calif. law banning sale of violent video games to minors."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court lifts limits on sale of violent video games to minors; California's restrictions on the sale of violent video games to minors violate the 1st Amendment, the Supreme Court says in a 7-2 ruling; Five justices rule that under no circumstances can the government be allowed to protect children by limiting violence in the media."

Jess Bravin of The Wall Street Journal has a news update headlined "High Court Strikes Down California Videogame Law."

Joan Biskupic of USA Today has a news update headlined "Supreme Court rejects ban on violent video games."

Michael Doyle of McClatchy Newspapers reports that "Supreme Court strikes down violent video game ban."

Greg Stohr of Bloomberg News reports that "Court Strikes Down Violent Video Game Limits."

James Vicini of Reuters reports that "Supreme Court strikes down California video game law."

And Bill Mears of CNN.com reports that "California ban on sale of 'violent' video games to children rejected."
Posted at 01:18 PM by Howard Bashman



Michael Doyle of McClatchy Newspapers is reporting: He has articles headlined "Supreme Court rules against California on Holocaust art" and "Supeme Court declines California appeal on Indian casinos."
Posted at 01:04 PM by Howard Bashman


"Cigarette Makers Rejected by Top Court on $270 Million Award": Greg Stohr of Bloomberg News has this report.

And James Vicini of Reuters reports that "Supreme Court rejects $270 million tobacco lawsuit appeal."
Posted at 12:56 PM by Howard Bashman



"Supreme Court 2010-2011 Term Review": After Chief Justice John G. Roberts, Jr. spoke and answered questions Saturday morning at the Fourth Circuit's Judicial Conference (access the video at this link, via C-SPAN), the next session consisted of a discussion among five law professors about the U.S. Supreme Court's work in the October 2010 Term. You can view the panel discussion at this link (via C-SPAN).

Finally, at some later date, C-SPAN may post online at this link the program in which I participated as a panelist on Friday morning.
Posted at 11:02 AM by Howard Bashman



"In SD, abortion counseling meant to discourage": The Associated Press has this report.
Posted at 10:55 AM by Howard Bashman


Access online today's Order List and rulings of the U.S. Supreme Court in argued cases: You can access the Order List at this link. The Court today granted review in a total of eleven cases.

As expected, the Court has issued rulings today in the remaining four argued cases from this Term.

1. Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Goodyear Dunlop Tires Operations, S.A. v. Brown, No. 10-76. You can access the oral argument via this link.

2. Justice Anthony M. Kennedy announced the judgment of the Court in J. McIntyre Machinery, Ltd. v. Nicastro, No. 09-1343. Justice Stephen G. Breyer issued an opinion concurring in the judgment, in which Justice Samuel A. Alito, Jr. joined. Justice Ginsburg issued a dissenting opinion, in which Justices Sonia Sotomayor and Elena Kagan joined. You can access the oral argument via this link.

3. Justice Antonin Scalia delivered the opinion of the Court in Brown v. Entertainment Merchants Assn., No. 08-1448. Justice Alito issued an opinion concurring in the judgment, in which the Chief Justice joined. Justices Clarence Thomas and Breyer each issued dissenting opinions. You can access the oral argument via this link.

4. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Arizona Free Enterprise Club's Freedom Club Pac v. Bennett, No.10-238. Justice Kagan issued a dissenting opinion, in which Justices Breyer, Ginsburg, and Sotomayor joined. You can access the oral argument via this link.

The Court also issued a per curiam decision in United States v. Juvenile Male, No. 09-940.

And in Derby v. United States, No. 10-8373, Justice Scalia issued a dissent from the denial of certiorari.

In early news coverage, The Associated Press has reports headlined "Court: Calif. can't ban violent video game sales"; "High court strikes down Ariz. campaign finance law"; "Supreme Court to review warrantless GPS tracking"; "High court to rule on FCC indecency policy"; "Court to hear appeal in union fees case"; "Court to review rules on slaughter of downed pigs"; and "High court rejects Abu Ghraib lawsuit."
Posted at 10:03 AM by Howard Bashman



Appeal involving that "same" ambiguity: Today, I'll be filing this Brief for Appellant in the U.S. Court of Appeals for the Eleventh Circuit.
Posted at 09:56 AM by Howard Bashman


The Associated Press is reporting: Jesse J. Holland reports that "Court to rule on violent video game sales to kids."

And Mark Sherman reports that "High court to rule on Arizona campaign finance law."

At 10 a.m. eastern time today, the U.S. Supreme Court is expected to announce rulings in the final four undecided argued cases from this Term. Stay tuned for complete coverage of those rulings and today's Order List.
Posted at 07:42 AM by Howard Bashman



Sunday, June 26, 2011

"Several States Forbid Abortion After 20 Weeks": Monday's edition of The New York Times will contain an article that begins, "Dozens of new restrictions passed by states this year have chipped away at the right to abortion by requiring women to view ultrasounds, imposing waiting periods or cutting funds for clinics. But a new kind of law has gone beyond such restrictions, striking at the foundation of the abortion rules set out by the Supreme Court over the last four decades."
Posted at 11:18 PM by Howard Bashman


"Former partner sues Lieff Cabraser over fees": Reuters has a report that begins, "A former partner has launched a lawsuit against prominent plaintiffs' law firm Lieff, Cabraser, Heimann & Bernstein, alleging that he should not be on the hook for potential fee losses. Barry Himmelstein claimed that because he was pushed out of Lieff Cabraser he has no responsibility for paying any part of $8.5 million the firm could owe to diamond cartel DeBeers."
Posted at 09:00 PM by Howard Bashman


"Betty Roberts, first woman on the Oregon Supreme Court and trailblazer in politics, dies": This article appears today in The Oregonian.

And The Register-Guard of Eugene, Oregon reports today that "Judicial pioneer Roberts dies at 88; The first woman on the Oregon Supreme Court, she was known for breaking gender barriers."
Posted at 08:47 PM by Howard Bashman



"Under the U.S. Supreme Court: Controlling the naughty bits on TV." Michael Kirkland of UPI has this report.
Posted at 09:20 AM by Howard Bashman


"Wisconsin justice says reports of clash false": The Associated Press has this report.

Update: The original report on this matter appears at the web site of The Wisconsin State Journal under the headline "Sources: Argument between Prosser, Bradley becomes physical."
Posted at 08:54 AM by Howard Bashman



Saturday, June 25, 2011

"Wisconsin Judge Said to Have Attacked Colleague": Sunday's edition of The New York Times will contain this article.

And The Milwaukee Journal Sentinel has a news update headlined "Argument between state Supreme Court justices got physical."

My earlier coverage appears two posts below.
Posted at 08:27 PM by Howard Bashman



"Oneidas' land claim could go to Supreme Court, but that won't end the matter": This article appears today in The Utica Observer-Dispatch.
Posted at 07:48 PM by Howard Bashman


"Report: Prosser grabbed fellow court justice's neck during argument." The Milwaukee Journal Sentinel has a blog post that begins, "Wisconsin Supreme Court Justice David Prosser allegedly grabbed fellow Justice Ann Walsh Bradley around the neck in an argument in her chambers last week, according to at least three knowledgeable sources."
Posted at 07:26 PM by Howard Bashman


The Associated Press is reporting: Mark Sherman has an article headlined "Conservatives limit consumer, rights lawsuits."

And an article reports that "Chief justice uneasy about cameras in courtroom."
Posted at 07:18 PM by Howard Bashman



Programming note: After the Fourth Circuit's Judicial Conference wraps-up at noon eastern time today, I'll be traveling back home. Additional posts will appear here this evening.

Thanks to the Fourth Circuit's judges and staff for making this such a wonderful event. It was especially enjoyable to be able to visit with so many of this blog's readers and fans at a truly unique and wonderful location.
Posted at 07:15 AM by Howard Bashman



C-SPAN to broadcast live this morning's program from the Fourth Circuit's Judicial Conference: The broadcast will begin live at 9 a.m. eastern time with "A Conversation with Chief Justice Roberts." And then, from 9:30 a.m. to noon eastern time, the program will consist of the "Supreme Court 2010-2011 Term Review," featuring law professors including former Tenth Circuit Judge Michael W. McConnell.

You can watch C-SPAN live, online by clicking here.
Posted at 07:11 AM by Howard Bashman



"Mixing Prayer And Politics At Ashland City Hall; Attorney cites potential problems with Ashland's use of prayer at council meetings": The Ashland (Wis.) Current has this report today.
Posted at 06:35 AM by Howard Bashman


"Prosecutors can renege on plea deals, Supreme Court rules": Today's edition of The Toronto Globe and Mail contains an article that begins, "Canada's top court has declared that prosecutors have the right to renege on a plea bargain that would have handed an impaired driver an $1,800 fine for killing a couple and injuring their child. The Supreme Court was unanimous in its decision, released Friday, the first time the justices have ruled on the discretion allowed prosecutors in plea agreements."

You can access yesterday's ruling of the Supreme Court of Canada at this link.
Posted at 06:32 AM by Howard Bashman



"U.S. won't challenge $276 million judgment for PSFS investors": This article appears today in The Philadelphia Inquirer.
Posted at 06:30 AM by Howard Bashman


"Guantanamo detainees see legal progress reversed": Peter Finn and Del Quentin Wilber of The Washington Post have an article that begins, "The U.S. Court of Appeals in Washington has repeatedly overturned lower court decisions favoring the detainees held at Guantanamo Bay, making it increasingly unlikely that many of the men will win their freedom through legal action."
Posted at 06:28 AM by Howard Bashman


"Beach rights lawsuit might be moot fight": The Galveston County (Tex.) Daily News has this report.
Posted at 06:22 AM by Howard Bashman


"Area lawyers win Supreme Court case; injured railroad worker's $275K verdict upheld": This article appeared yesterday in The Belleville (Ill.) News-Democrat.
Posted at 06:14 AM by Howard Bashman


Friday, June 24, 2011

"Supreme Court has given firms a stronger hand; This year, it gave firms a stronger shield against class actions; But it also ruled for several individuals suing employers and made it easier for car crash victims to sue automakers": David G. Savage will have this article Saturday in The Los Angeles Times.
Posted at 11:12 PM by Howard Bashman


"Komisarjevsky's Lawyers Argue At Supreme Court To Keep Witness List Sealed": The Hartford Courant has a news update that begins, "The state Supreme Court Friday heard arguments from Joshua Komisarjevsky's attorneys who are attempting to keep the witness list in the Cheshire home invasion defendant's upcoming trial sealed from the public before testimony begins."
Posted at 11:09 PM by Howard Bashman


"Why this Supreme Court could be the best hope for gay-marriage advocates": Law professor Justin Driver will have this op-ed Sunday in The Washington Post.
Posted at 11:08 PM by Howard Bashman


"Military court upholds Gitmo war crimes conviction": The Associated Press has this report on today's en banc ruling of the U.S. Court of Military Commission Review in the case of Salim Ahmed Hamdan.

You can access the lengthy ruling at this link (via "Lawfare" blog).
Posted at 10:52 PM by Howard Bashman



"Orie gets chance to argue appeal": Today's edition of The Pittsburgh Tribune-Review contains an article that begins, "The Pennsylvania Supreme Court sent Sen. Jane Orie's double jeopardy appeal in her public corruption case back to Superior Court on Thursday in an order straightening out some tangled case law."

You can access yesterday's per curiam ruling of the Supreme Court of Pennsylvania at this link.
Posted at 10:35 PM by Howard Bashman



"5th Circuit Judges Shrug Off Critics, Hang Onto Oil Investments": Lawrence Hurley of Greenwire has an article (via The New York Times) that begins, "Despite criticism over perceived ties to oil and gas companies, judges of the New Orleans-based federal appeals court that frequently handles cases affecting the energy industry have made little effort to divest themselves of investments that could create conflicts of interest, according to new financial disclosure statements."
Posted at 06:37 PM by Howard Bashman


"Appeals Court Keeps Material Witness Hearings Secret": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."

And at his "Under the Radar" blog at Politico.com, Josh Gerstein has a post titled "D.C. Circuit punts on access to material witness cases."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 05:10 PM by Howard Bashman



Access online Slate's "Supreme Court Year in Review": Available via this link, featuring Dahlia Lithwick, Walter Dellinger, and Paul Clement.
Posted at 05:04 PM by Howard Bashman


"Anna Nicole Smith's Estate Loses Supreme Court Case": Adam Liptak has this article today in The New York Times.
Posted at 05:00 PM by Howard Bashman


"High court sides with defendant in Louisville crack cocaine case": The Louisville Courier-Journal contains this article today.
Posted at 04:57 PM by Howard Bashman


"Supreme Court Ruling Accepts No Substitutes in Crime Lab Testimony": Adam Liptak has this article today in The New York Times.

And in today's edition of The Los Angeles Times, David G. Savage reports that "Supreme Court puts extra burden on crime labs; Justices declare that a defendant in a drunken driving case has the right to demand that a lab technician testify in person about a test showing impairment."
Posted at 04:50 PM by Howard Bashman



"Ex-media mogul Conrad Black ordered back to prison; wife faints": The Chicago Sun-Times has this news update.

The Chicago Tribune has a news update headlined "Black headed back to prison; wife collapses in court."

The Toronto Globe and Mail has a news update headlined "Conrad Black going back to prison."

National Post has a news update headlined "Conrad Black going back to prison."

The Associated Press reports that "Conrad Black resentenced to prison."

Reuters reports that "Ex-media mogul Conrad Black sent back to prison."

And Bloomberg News reports that "Judge Sends Conrad Black Back to Prison."
Posted at 04:40 PM by Howard Bashman



Programming note: The panel in which I am participating as a speaker at the Judicial Conference of the U.S. Court of Appeals for the Fourth Circuit -- on the subject "Opening Up: Can the Courts Be More Open and Better Understood?" -- will be making its presentations this morning. As a result, new posts will not appear here until this afternoon.
Posted at 06:15 AM by Howard Bashman


Thursday, June 23, 2011

"Supreme Court rules against Anna Nicole Smith estate": Michael Doyle of McClatchy Newspapers has this report.
Posted at 11:32 PM by Howard Bashman


"Supreme Court says defendants may confront lab analysts who prepare reports": Robert Barnes will have this article Friday in The Washington Post.
Posted at 11:30 PM by Howard Bashman


"Drug Makers Win Two Supreme Court Decisions": Adam Liptak will have this article Friday in The New York Times.

And in Friday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court protects generic drug-makers from being sued for lack of warning."
Posted at 11:28 PM by Howard Bashman



Today's West Virginia adventure: Instead of touring the "Bunker" (more information available here), I was back behind the wheel today to visit two relatively nearby stadiums that are home to minor league baseball teams that play in the Appalachian League.

My first stop was Hunnicutt Field, home to the Princeton Rays. From there, I traveled to Bluefield, a town that straddles the Virginia-West Virginia border, to visit Bowen Field, which this year will be the home of the Bluefield Blue Jays.

Coincidentally, Philadelphia Phillies manager Charlie Manuel's birthplace is just down the road a bit from Bluefield in West Virginia.
Posted at 05:50 PM by Howard Bashman



"Ruling: LA County needn't mandate condoms in porn." The Associated Press has a report that begins, "An appeals court says the courts can't compel public health officials to require and enforce condom use in porn."

And XBIZ.com reported last week that "L.A. Health Officials Can't Be Forced to Regulate Porn Shoots, Court Rules."

You can access last Thursday's unpublished ruling of the California Court of Appeal for the Second Appellate District at this link.
Posted at 05:34 PM by Howard Bashman



"Wichita doctor's plan for abortion clinic continues amid hostility": This article appears today in The Wichita Eagle.
Posted at 05:20 PM by Howard Bashman


"Prosecution mulling whether to retry Barry Bonds": The San Francisco Chronicle has this news update.

And The Associated Press reports that "Feds get more time to decide on Bonds retrial."
Posted at 05:17 PM by Howard Bashman



"Anna Nicole Smith heirs are losers in Supreme Court; A ruling by the Supreme Court favors heirs of billionaire J. Howard Marshall, the late husband of Anna Nicole Smith; Justices say a Texas probate court, rather than a California bankruptcy judge, had the authority to resolve the Marshall estate dispute": David G. Savage of The Los Angeles Times has this news update.

Greg Stohr of Bloomberg News reports that "Anna Nicole Smith's Estate Loses at High Court on Fortune."

James Vicini of Reuters reports that "Supreme Court rules against Anna Nicole Smith estate."

And at "SCOTUSblog," Lyle Denniston has a post titled "Bankruptcy courts' powers pared down; Anna Nicole Smith's estate loses a plea for some $89 million from her now-deceased tycoon husband's riches, and the specialized federal bankruptcy courts lose some of their authority in a 5-4 decision by the Court."
Posted at 05:10 PM by Howard Bashman



"CSI meets Law & Order: Supreme Court rules lab techs must testify in court; The Supreme Court ruled Thursday that the practice of permitting substitutes to testify about forensic evidence violates defendants' constitutional rights to confront their accusers." Warren Richey of The Christian Science Monitor has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "New curb on crime lab reports; Once more divided 5-4 on how to define the right of a criminal suspect to confront accusers, the Court rules that, if a crime lab report is offered by prosecutors, the person who did the test and prepared the report must testify, and a supervisor cannot do so in the absence of that technician."
Posted at 05:04 PM by Howard Bashman



"Makers of generic drugs don't have to warn of new dangers, Supreme Court rules; The Supreme Court rules that makers of generics, unlike makers of brand-name drugs, do not have to warn patients of newly revealed problems; In another ruling, justices supported drug makers buying or selling prescription records from patients for 'marketing' purposes": David G. Savage of The Los Angeles Times has this news update.

Greg Stohr of Bloomberg News reports that "Generic-Drug Makers Shielded From Lawsuits, Top Court Says."

And James Vicini of Reuters reports that "Supreme Court rejects generic drug labeling suits."
Posted at 05:02 PM by Howard Bashman



"Railroads Lose Supreme Court Fight Over Worker Suits": Greg Stohr of Bloomberg News has this report.
Posted at 05:00 PM by Howard Bashman


"Court strikes law restricting sale of prescription info": Joan Biskupic of USA Today has this news update.

Warren Richey of The Christian Science Monitor reports that "Supreme Court strikes down law restricting sale of prescription drug info; In a closely-watched case affecting data mining and physicians' privacy, the Supreme Court ruled Thursday that Vermont cannot stop prescription drug companies from accessing doctors' prescription histories in order to market newer, more expensive drugs."

And James Vicini of Reuters reports that "Supreme Court strikes down state drug data-mining law."
Posted at 04:55 PM by Howard Bashman



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

1. Justice Ruth Bader Ginsburg delivered the opinion of the Court except as to part IV and footnote 6 in Bullcoming v. New Mexico, No. 09-10876. Justice Sonia Sotomayor issued an opinion concurring in part. And Justice Anthony M. Kennedy issued a dissenting opinion, in which the Chief Justice and Justices Stephen G. Breyer and Samuel A. Alito, Jr. joined. You can access the oral argument via this link.

2. Justice Ginsburg delivered the opinion of the Court except as to part III-A in CSX Transp., Inc. v. McBride, No. 10-235. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justices Antonin Scalia, Kennedy, and Alito joined. You can access the oral argument via this link.

3. Justice Clarence Thomas delivered the opinion of the Court except as to part III-B-2 in Pliva, Inc. v. Mensing, No. 09-993. Justice Sotomayor issued a dissenting opinion, in which Justices Ginsburg, Breyer, and Elena Kagan joined. You can access the oral argument via this link.

4. Justice Kennedy announced the judgment of the Court in Freeman v. United States, No. 09-10245. Justice Kennedy issued an opinion in which Justices Ginsburg, Breyer, and Kagan joined. Justice Sotomayor issued an opinion concurring in the judgment. And Chief Justice Roberts issued a dissenting opinion, in which Justices Scalia, Thomas, and Alito joined. You can access the oral argument via this link.

5. Justice Kennedy delivered the opinion of the Court in Sorrell v. IMS Health Inc., No. 10-779. Justice Breyer issued a dissenting opinion, in which Justices Ginsburg and Kagan joined. You can access the oral argument via this link.

6. And Chief Justice Roberts delivered the opinion of the Court in Stern v. Marshall, No. 10-179. Justice Scalia issued a concurring opinion. And Justice Breyer issued a dissenting opinion, in which Justices Gibsburg, Sotomayor, and Kagan joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Court: Generic drug makers not liable for warnings"; "Prescription drug data mining law struck down"; "Court says lab analyst must testify to own work"; "Court rules against Anna Nicole Smith's estate"; "Court says crack convict can seek shorter term"; and "Court says man can collect damages from railroad."
Posted at 10:03 AM by Howard Bashman



Carter, Phillips article on the impact of gender on U.S. Supreme Court oral arguments can be accessed online: Using this link, via SSRN. My earlier coverage of the article can be accessed here.
Posted at 09:12 AM by Howard Bashman


"Free to Search and Seize": In today's edition of The New York Times, David K. Shipler has an op-ed that begins, "This spring was a rough season for the Fourth Amendment."
Posted at 09:10 AM by Howard Bashman


In Bashman news from Australia: The Warwick Daily News reports today that "Father and son bash man."
Posted at 09:05 AM by Howard Bashman


"Droney Breezes Through D.C. Confirmation Hearing For 2nd Circuit": This article appears today in The Hartford Courant.
Posted at 09:00 AM by Howard Bashman


"Court upholds malpractice cap": Today's edition of The Charleston (W. Va.) Daily Mail contains an article that begins, "The state Supreme Court on Wednesday upheld a key portion of the state's painstakingly crafted medical malpractice reforms."

And MetroNews reports that "Supreme Court Upholds Cap On Medical Malpractice Damages."

You can access yesterday's ruling of the Supreme Court of Appeals of West Virginia at this link.
Posted at 08:52 AM by Howard Bashman



"Will Conrad Black go back to jail?" This article appears today in The Toronto Globe and Mail.

CBC News reports that "Conrad Black could avoid more prison time; Judge in Chicago could send one-time media mogul back to prison."

And The Canadian Press reports that "Conrad Black may escape more jail time Friday."
Posted at 08:44 AM by Howard Bashman



"Licking County Prosecutor Ken Oswalt to appeal rape decision": Today's edition of The Newark (Ohio) Advocate contains an article that begins, "Licking County Prosecutor Ken Oswalt plans to appeal an Ohio Supreme Court decision that found charging children younger than 13 with statutory rape violated constitutional rights."

My earlier coverage of this case appears here and here.
Posted at 08:42 AM by Howard Bashman



"Vt. Supreme Court hears police e-privacy case": The Associated Press has this report.
Posted at 08:40 AM by Howard Bashman


"Cloud Over the Court": Today's edition of The New York Times contains an editorial that begins, "The Supreme Court is not bound by the code of conduct for federal judges, but justices have said they follow it voluntarily."
Posted at 08:32 AM by Howard Bashman


"Wal-Mart Case: Another Loss for Trial Lawyers; The Supreme Court's ruling is the latest in a series of decisions that make it clear the justices aim to curb mass litigation." Greg Stohr of Bloomberg News has an article that begins, "No one will be happier to see the Supreme Court begin its summer vacation than the nation's trial lawyers."

And Margaret Cronin Fisk and Karen Gullo of Bloomberg News report that "Costco Women's Suit May be Imperiled by Supreme Court's Wal-Mart Decision."
Posted at 08:30 AM by Howard Bashman



Three-judge First Circuit panel, "[a]fter consulting with the en banc judges," overrules decision of an earlier three-judge panel in another case: Rehearing en banc can be a costly and time-consuming process to undertake when a federal appellate court realizes that one of its earlier decisions reached an incorrect result. In a ruling issued yesterday, a three-judge panel of the U.S. Court of Appeals for the First Circuit employed a streamlined alternate approach that produced the same outcome without all the cost, delay and inconvenience.
Posted at 07:55 AM by Howard Bashman


Wednesday, June 22, 2011

"Vermont Supreme Court Hears Oral Argument in Challenge to Ex Ante Restrictions on Computer Warrants": Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 10:12 PM by Howard Bashman


"Federal judge strikes down Florida's death penalty": The Palm Beach Post has this news update.

And Pete Williams of NBC News has a report headlined "Florida death penalty ruling could affect Casey Anthony case; At issue is the way the state lets judges hand down capital sentences."

My earlier coverage of the ruling appears at this link.
Posted at 10:04 PM by Howard Bashman



"Winklevoss Twins Won't Pursue U.S. Supreme Court Appeal of Facebook Accord": Bloomberg News has this report.

The Los Angeles Times has a blog post titled "Winklevoss twins abandon appeal over Facebook settlement to U.S. Supreme Court."

And The New York Times has a blog post titled "Winklevosses Drop Facebook Fight, Keep Settlement."

Update: In other coverage, Reuters reports that "Winklevoss twins end appeal of Facebook settlement."
Posted at 10:02 PM by Howard Bashman



"Supreme Court to reconsider lawsuits against the military": Michael Doyle of McClatchy Newspapers has this report.
Posted at 09:56 PM by Howard Bashman


"Miami federal judge: Florida's death penalty is unconstitutional." The Miami Herald has a news update that begins, "A Vero Beach man sent to Death Row deserves a new sentencing hearing because Florida's death penalty law is unconstitutional, a Miami federal judge ruled Wednesday."

And The Associated Press has a report headlined "US judge: Fla. death sentences unconstitutional."

I have posted at this link Monday's 94-page ruling of the U.S. District Court for the Southern District of Florida.
Posted at 06:20 PM by Howard Bashman



"Nagareda's ghost: the professor who influenced Dukes ruling." Alison Frankel of Thomson Reuters News & Insight has this report.
Posted at 06:08 PM by Howard Bashman


"NJ doctors' group suing to block health care law": The Associated Press has a report that begins, "A federal appeals court hearing arguments Wednesday in a lawsuit challenging the constitutionality of last year's U.S. health reform law focused primarily on whether plaintiffs need to demonstrate they are suffering economic harm now or will when the part of the law mandating that everyone have health coverage takes effect."

Once the U.S. Court of Appeals for the Third Circuit posts online the audio of today's oral argument, I will link to it here.
Posted at 06:02 PM by Howard Bashman



Greetings from White Sulphur Springs, West Virginia! My first social event starts momentarily, but I will be fashionably late.
Posted at 05:57 PM by Howard Bashman


Programming note: Today I'll be traveling to the Greenbrier in White Sulphur Springs, West Virginia to attend the Judicial Conference of the U.S. Court of Appeals for the Fourth Circuit, where I'll be a speaker and panelist on the Friday morning program, titled "Opening Up: Can the Courts Be More Open and Better Understood?" The New Yorker's Jeffrey Toobin will also be participating as a speaker on that panel. I'll provide a complete list of my co-panelists in an upcoming post. Apparently C-SPAN will be recording the program for broadcast at a later date.

On Saturday morning, Chief Justice John G. Roberts, Jr. is scheduled to deliver the Chief Justice's traditional end-of-Term remarks at the conference.

Additional posts will appear here later today.
Posted at 07:42 AM by Howard Bashman



"Horne: State has the right to ensure the integrity of the voters." Howard Fischer has this article today in The Yuma Sun.

And The Associated Press reports that "Court reconsiders Arizona voter citizenship law."

Via this link, you can access both the audio and the video of yesterday's en banc oral argument before an eleven-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 07:32 AM by Howard Bashman



"The 'Country Lawyer' Shaping Campaign Finance Law": This audio segment about attorney James Bopp appeared on today's broadcast of NPR's "Morning Edition."
Posted at 07:25 AM by Howard Bashman


"Sex case involving boys to be appealed; Prosecutor says dismissal curtails legal authority": Today's edition of The Columbus (Ohio) Dispatch contains an article that begins, "The Licking County prosecutor says he intends to appeal the Ohio Supreme Court's ruling this month that overturned the rape conviction of a 12-year-old boy who had sex with an 11-year-old friend."

My earlier coverage of the ruling can be accessed here.
Posted at 07:24 AM by Howard Bashman



Tuesday, June 21, 2011

"Appeals court lets race-based admissions at UT stand": The Austin American-Statesman has this news update.

And The Daily Texan has a news update headlined "Federal appeals court hands down decision in UT's favor."

My earlier coverage of last Friday's Fifth Circuit order denying rehearing en banc and the dissent therefrom can be accessed here and here.
Posted at 11:20 PM by Howard Bashman



"Cubans who can't be deported could end up detained in U.S.; Cubans with deportation orders are alarmed about a bill in Congress that immigrant rights activists say could lead to indefinite detentions": The Miami Herald has this news update.
Posted at 11:16 PM by Howard Bashman


"Wal-Mart Case Is a Blow for Big Cases and Their Lawyers": This article appears today in The New York Times.
Posted at 10:44 PM by Howard Bashman


"Court rules game wardens don't violate Constitution by stopping hunters, fishermen": In today's edition of The Sacramento Bee, Denny Walsh has an article that begins, "People who fish and hunt in California have less protection of their privacy right under the U.S. Constitution, the state's Supreme Court ruled Monday."

Metropolitan News-Enterprise reports that "S.C. Upholds Traffic Stop Based on Possible Fishing Violation."

And The Recorder reports that "Cantil-Sakauye's First High Court Opinion Gives Games Wardens Latitude in Searches."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 08:54 PM by Howard Bashman



"Supreme Court justices' schism not unusual; its openness is": This article appeared Sunday in The Wisconsin State Journal.
Posted at 08:37 PM by Howard Bashman


"Blogs battle over New York Times's report on Justice Clarence Thomas": Politico.com has this report.
Posted at 08:32 PM by Howard Bashman


"Sotomayor opens up about her diabetes": Joan Biskupic of USA Today has this news update.

Wednesday's edition of The Los Angeles Times will contain an article headlined "Supreme Court Justice Sotomayor speaks out about her struggles with childhood diabetes."

Nina Totenberg of NPR has a report headlined "Sotomayor Opens Up About Diabetes."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Sotomayor Tells Students Diabetes No Barrier to Aspirations."
Posted at 08:22 PM by Howard Bashman



"Wal-Mart Women Vow to Press Bias Fight in Lower Court, U.S. Rights Agency": Bloomberg News has this report.

Wednesday's edition of The Sydney Morning Herald reports that "Walmart women to fight on despite setback."

And Reuters reports that "U.S. law firm spent $7 million to sue Wal-Mart."
Posted at 08:20 PM by Howard Bashman



"Impact of Supreme Court's Greenhouse Gas Ruling Likely to Be Felt in Other Cases": Lawrence Hurley of Greenwire has this report (via The New York Times).
Posted at 05:10 PM by Howard Bashman


"Sotomayor tells how she deals with diabetes": Mark Sherman of The Associated Press has this report.
Posted at 02:00 PM by Howard Bashman


"Band of Brothers Admitted to Supreme Court Bar": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 11:32 AM by Howard Bashman


"Decision in Wal-Mart case a blow to class actions": Mark Sherman of The Associated Press has this report.
Posted at 11:30 AM by Howard Bashman


D.C. Circuit holds that the First Amendment confers no right to the deface Pennsylvania Avenue in front of the White House: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 11:26 AM by Howard Bashman


David Kravets is reporting: At Wired.com's "Threat Level" blog, he has posts titled "Righthaven Loss: Judge Rules Reposting Entire Article Is Fair Use" and "Appeals Court Deals Blow to 'Hot News' Doctrine."
Posted at 10:14 AM by Howard Bashman


"Class Dismissed: The Supreme Court decides that the women of Wal-Mart can't have their day in court." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:12 AM by Howard Bashman


Justice Sotomayor brings the heat: Sure, the U.S. Supreme Court may be in its home stretch for October Term 2010, but there's still time for baseball. As I previously noted here, on Saturday Justice Sonia Sotomayor threw out the ceremonial first pitch at Wrigley Field in Chicago, where the Cubs hosted her beloved New York Yankees. (Coincidentally, I too attended a professional baseball game on Saturday, where I observed one of the strangest plays ever.)

ESPN.com provides this photographic evidence of Justice Sotomayor's fastball. According to The Chicago Tribune, the ceremonial first pitch battery consisted of Justice Sotomayor and Cubs catcher Geovany Soto. The Chicago Sun-Times also provides this coverage. Justice Sotomayor, however, apparently did not lead the Wrigley faithful in singing "Take Me Out to the Ballgame" during the seventh inning stretch.

Although circumstances dictated that Justice Sotomayor wear a Cubs jersey, she apparently had the last laugh, as the Yankees won 4-3. You can access the box score at this link. Perhaps less satisfied with the outcome was Justice Sotomayor's host at the game, U.S. Senator Dick Durbin (D-IL).
Posted at 09:43 AM by Howard Bashman



"Ex-chief loses in top court; The U.S. Supreme Court ruling against Guarnieri called win for public employers": Terrie Morgan-Besecker has this article today in The Times Leader of Wilkes-Barre, Pennsylvania.

The Citizens' Voice of Wilkes-Barre reports today that "U.S. Supreme Court rules against ex-Duryea police chief."

The Pittsburgh Tribune-Review reports that "Justices' decision on free speech claim praised, faulted."

At "SCOTUSblog," Lyle Denniston has a post titled "Limits on 'Petition Clause': The Court allows public employees with workplace grievances to file a lawsuit against their government employer under the First Amendment's Petition Clause, but only if the lawsuit involves a 'matter of public concern' -- the same limitation that the Court has previously placed upon public workers' lawsuit under the Amendment's Free Speech Clause."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Supreme Court Limits Public-Employee Grievance Rights."
Posted at 09:42 AM by Howard Bashman



"Supreme Court to review pilot's privacy suit": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 09:32 AM by Howard Bashman


"High court shields AEP from state suits over emissions": This article appears today in The Columbus (Ohio) Dispatch.
Posted at 09:30 AM by Howard Bashman


"Is Voting Speech?" Stanley Fish has this post at the "Opinionator" blog of The New York Times.
Posted at 09:26 AM by Howard Bashman


"Appeals court declines to rehear Texas affirmative action case": Reuters has a report that begins, "A federal appeals court has refused to rehear a case challenging the University of Texas' affirmative action admissions policy. The denial sets the stage for a fight in the U.S. Supreme Court."

And The Chronicle of Higher Education reported yesterday that "Federal Appeals Court Hands Setback to Foes of Race-Conscious Admissions."

My earlier coverage of last Friday's Fifth Circuit order denying rehearing en banc and the dissent therefrom can be accessed here.
Posted at 09:24 AM by Howard Bashman



U.S. Supreme Court agrees to hear dam lawsuit: The Helena Independent Record reports today that "Supreme Court will hear PPL appeal of state ruling."
Posted at 09:18 AM by Howard Bashman


"Supreme Court justice and sports team owner among winners of prize for service": The Associated Press has a report that begins, "Supreme Court Justice Ruth Bader Ginsburg and sports team owner Jerry M. Reinsdorf are among those being honored in Washington with a national prize for public service."
Posted at 09:15 AM by Howard Bashman


Monday, June 20, 2011

"First Amendment Veterans Weigh In on Free Speech in the Roberts Court": Zoe Tillman has this post at "The BLT: The Blog of Legal Times."
Posted at 10:25 PM by Howard Bashman


"Global-warming lawsuit rejected by Supreme Court; In an 8-0 decision, the Supreme Court kills a global-warming lawsuit filed by eight states and environmentalists against the nation's five largest electric power companies; The court says Congress and the EPA already have authority to make rules regulating greenhouse gases and courts need not get involved": David G. Savage of The Los Angeles Times has this news update.

Warren Richey of The Christian Science Monitor reports that "Supreme Court throws out back-door bid to curb global warming; A coalition of states and conservation groups sought to use public-nuisance law to compel five energy companies to curb greenhouse gases linked to global warming; The Supreme Court unanimously dismissed the case."

And Lawrence Hurley and Gabriel Nelson of Greenwire report that "High Court Blocks States' Lawsuit Over Coal Plant Emissions" (via The New York Times).
Posted at 09:00 PM by Howard Bashman



"Supreme Court blocks massive sex-discrimination suit against Wal-Mart": Robert Barnes of The Washington Post has this news update.

Bob Egelko of The San Francisco Chronicle has a news update headlined "Court sides with Walmart on sex-bias suit."

Warren Richey of The Christian Science Monitor reports that "Supreme Court dismisses women's class action lawsuit against Wal-Mart; The Supreme Court decision, seen as a victory for Wal-Mart and corporate America, makes it more difficult for employees to join together in a common lawsuit unless they are able to identify a common injury."

And this evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Top Court Rules In Favor Of Wal-Mart" featuring Nina Totenberg.
Posted at 08:50 PM by Howard Bashman



"Supreme Court Limits Public-Employee Grievance Rights": Mark Walsh has this post at the "School Law" blog of Education Week.
Posted at 08:42 PM by Howard Bashman


"Death penalty costs California $184 million a year, study says; A senior judge and law professor examine rising costs of the program; Without major reforms, they conclude, capital punishment will continue to exist mostly in theory while exacting an untenable cost": Carol J. Williams has this article today in The Los Angeles Times.
Posted at 06:25 PM by Howard Bashman


"Merck loses $473M tax appeal in Schering case": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.

And Bloomberg News reports that "Merck Can't Recoup $473 Million in U.S. Income Taxes, Appeals Court Rules."
Posted at 06:22 PM by Howard Bashman



"Judges split on ruling on parental discipline; The state high court orders a new trial for a man convicted of assault": Ken Kobayashi has this article today in The Honolulu Star-Advertiser.

The ruling of the Supreme Court of Hawaii consists of a majority opinion, a concurring opinion, and a dissenting opinion.
Posted at 06:17 PM by Howard Bashman



"Lawyer can't wear baseball hat in court": David L. Hudson Jr. has this report online at the First Amendment Center.

You can access last Thursday's non-precedential ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 02:37 PM by Howard Bashman



"Pfizer Rejected By U.S. High Court on $58 Million Prempro Award": Greg Stohr of Bloomberg News has this report.

Dow Jones Newswires report that "High Court Rejects Wyeth Appeal in Hormone-Therapy Case."

And Law360 reports that "High Court Allows $58M Award In Wyeth Hormone Drug Suit."
Posted at 01:10 PM by Howard Bashman



"Friendship between Thomas and Crow Triggers Controversy -- Again": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 12:25 PM by Howard Bashman


"Justices Rule for Wal-Mart in Bias Case": Adam Liptak of The New York Times has this news update.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court throws out huge discrimination suit against Wal-Mart; In a 5-4 vote, justices rule that the lawsuit, which claimed that Wal-Mart discriminated against 1.5 million female workers, did not qualify as a class action."

Joan Bisupic of USA Today has a news update headlined "Supreme Court limits Wal-Mart sex discrimination case."

And Michael Doyle of McClatchy Newspapers reports that "Supreme Court rules for Wal-Mart in sex bias lawsuit."
Posted at 12:18 PM by Howard Bashman



"Wal-Mart Wins Supreme Court Gender-Bias Case": Greg Stohr of Bloomberg News has this report.

And James Vicini of Reuters reports that "Wal-Mart wins Supreme Court sex-bias case ruling."
Posted at 11:15 AM by Howard Bashman



"Wall Street loses appeal on 'hot news' lawsuit": Reuters has a report that begins, "A federal appeals court handed a major defeat to Wall Street banks in ruling that a financial news service did not misappropriate their analyst research for its website."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:11 AM by Howard Bashman



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

In addition, the Court issued rulings in four argued cases.

1. Justice Stephen G. Breyer delivered the opinion of the Court in Turner v. Rogers, No. 10-10. Justice Clarence Thomas issued a dissenting opinion, in which Justice Antonin Scalia joined in full and in which the Chief Justice and Justice Samuel A. Alito, Jr. joined in part. You can access the oral argument via this link.

2. Justice Ruth Bader Ginsburg delivered the opinion of the Court in American Elec. Power Co. v. Connecticut, No. 10-174. Justice Alito issued an opinion concurring in part and concurring in the judgment, in which Justice Thomas joined. You can access the oral argument via this link.

3. Justice Anthony M. Kennedy delivered the opinion of the Court in Borough of Duryea v. Guarnieri, No. 09-1476. Justice Thomas issued an opinion concurring in the judgment. And Justice Scalia issued an opinion concurring in the judgment in part and dissenting in part. You can access the oral argument via this link.

4. And Justice Scalia delivered the opinion of the Court in Wal-Mart Stores, Inc. v. Dukes, No. 10-277. Justice Ginsburg issued an opinion concurring in part and dissenting in part, in which Justices Breyer, Sonia Sotomayor, and Elena Kagan joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Supreme Court limits Wal-Mart sex bias case"; "High court blocks states' climate change lawsuit"; "Court: Public lawyers not required in civil cases"; "Court limits gov't employees' speech rights"; "Court to decide if pilot can sue over disclosure"; "High court to hear Montana dams lawsuit"; "Court won't hear ACORN lawsuit over gov't funding"; and "High court won't look at dispute over Sioux land."
Posted at 10:04 AM by Howard Bashman



Carter, Phillips on the impact of gender on U.S. Supreme Court oral arguments: Last Wednesday's edition of The Salt Lake Tribune contained an article headlined "BYU study shows Supreme Court justices aren't blind to gender; Jurists react differently toward female attorneys, researchers say."

And The Deseret News reported last Saturday that "Justices act differently for women."

According to a news release from Brigham Young University, the study -- which will appear in the Rutgers Law Journal -- was conducted by BYU Communications professor Ed Carter and then-BYU graduate student James Phillips.

What are the odds that academics named Carter and Phillips would study the interaction of U.S. Supreme Court Justices with veteran advocates such as Carter Phillips? Apparently, the answer is 100%.
Posted at 08:04 AM by Howard Bashman



"Miranda rights for minors: The Supreme Court decided correctly in extending the warning to children questioned by police in school." This editorial appears today in The Los Angeles Times.
Posted at 07:52 AM by Howard Bashman


Sunday, June 19, 2011

"Alito, Sotomayor give voice to court split": In Monday's edition of The Washington Post, Robert Barnes will have an article that begins, "The Supreme Court's two former prosecutors sit on opposite ends of the court's long mahogany bench, and they take very different views of the criminal justice system."
Posted at 11:34 PM by Howard Bashman


"Stan Chesley stands to lose more than license; Money, influence, image all at stake": The Cincinnati Enquirer contains this article today.
Posted at 02:30 PM by Howard Bashman


"Virginia Supreme Court justice selection slowed by stalemate; The House of Delegates and Senate squabble over picking conservative or liberal Supreme Court nominees": This article appears today in The Roanoke Times.
Posted at 02:25 PM by Howard Bashman


"Under the U.S. Supreme Court: GPS tracking without a warrant." Michael Kirkland of UPI has this report.

And yesterday's edition of The Detroit Free Press contained a somewhat related article headlined "Technology is trampling privacy rights, experts say."
Posted at 09:52 AM by Howard Bashman



"Supreme Court heads into final two weeks; Justices are set to hand down decisions in 14 cases involving violent video games, alleged job discrimination at Wal-Mart, generic drugs and other issues": David G. Savage has this article today in The Los Angeles Times.
Posted at 12:20 AM by Howard Bashman


Saturday, June 18, 2011

Strangest. Play. Ever. Regular readers of this blog may correctly surmise that I attend many baseball games. This evening, my son and I traveled to Judy Johnson Field at Daniel S. Frawley Stadium in Wilmington, Delaware to watch the Wilmington Blue Rocks host the Winston-Salem Dash in a Carolina League contest.

The Dash were trailing 6-2 in the top of the eighth inning when they led off the inning with two singles. At that point, with runners on first and third, the third batter of the inning drew a walk on the 3-2 pitch. The runner on first was running on the pitch that turned out to be ball four. The next thing we knew, the runner who would have reached second on the walk was heading back toward first base when the second baseman received the ball from the pitcher, applied a tag, and the baserunner who had been on first before the batter walked was called out for the first out of the inning.

An article reporting on the outcome of the game available from the web site of the Dash explains that the runner at first base mistakenly thought that the batter had fouled-off the pitch, and the runner was thus returning to first base after having touched second base. Because the ball remained in play, the baserunner could be (and was) tagged out after he touched and then departed from second base.

The Dash did not score in that inning and ended up losing the game by a score of 7-2. You can access the box score at this link, while the play-by-play description (which incorrectly states that the baserunner in question was tagged out trying to go to third) can be accessed here.

Update: My friend Dave S. has forwarded a link to a Baseball Digest article from September 2002 headlined "Baseball rules corner: advancing runner should be wary when 'ball four' is called."
Posted at 11:44 PM by Howard Bashman



"Friendship of Justice and Magnate Puts Focus on Ethics": Sunday's edition of The New York Times will contain a front page article that begins, "Clarence Thomas was here promoting his memoir a few years ago when he bumped into Algernon Varn, whose grandfather once ran a seafood cannery that employed Justice Thomas's mother as a crab picker."
Posted at 03:34 PM by Howard Bashman


"Exasperated Bruno waits for appellate ruling in corruption case; Three-judge federal panel weighs prosecutor's bid for retrial in corruption case": The Times Union of Albany, New York contains this article today.

The New York Times reports today that "Bruno Asks Appeals Court to Spare Him Another Trial."

The New York Post reports that "Bruno bid to ax case doubtful."

Reuters has a report headlined "No new trial for former state senator, lawyers ask."

And New York Law Journal reports that "U.S. Rebuts Bruno Argument Against Retrial After 'Skilling.'"
Posted at 03:02 PM by Howard Bashman



"Mansfield Ten Commandments battle pitched to U.S. Supreme Court": This article appeared yesterday in The Mansfield (Ohio) News Journal.
Posted at 02:50 PM by Howard Bashman


"Supreme Court Justice Sotomayor to throw first pitch Saturday at Cubs-Yankees game": Lynn Sweet of The Chicago Sun-Times has this report.
Posted at 02:41 PM by Howard Bashman


"A Watchdog Professor, Now Defending Himself": In today's edition of The New York Times, David Carr and John Schwartz have this front page article about the founder of the Medill Innocence Project.
Posted at 12:30 PM by Howard Bashman


Friday, June 17, 2011

By a vote of 9-7, the U.S. Court of Appeals for the Fifth Circuit has denied rehearing en banc of its decision earlier this year upholding the University of Texas' consideration of race and ethnicity in undergraduate admissions: You can access today's order denying rehearing en banc, and the opinion dissenting therefrom, at this link.

My earlier coverage of the original three-judge panel's ruling can be accessed here and here.
Posted at 10:54 PM by Howard Bashman



"2 Top Lawyers Lost to Obama in Libya War Policy Debate": Charlie Savage will have this article Saturday in The New York Times.
Posted at 09:47 PM by Howard Bashman


"Top State Dept. Lawyer Defends Goodwin Liu Nomination": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 05:23 PM by Howard Bashman


Two against Six: Yesterday's edition of The Topeka Capital-Journal contained an article headlined "Both Kansas senators will oppose Six" that begins, "Both of Kansas' United States senators say they will oppose the nomination of a fellow Kansan, former Kansas Attorney General Steve Six, to the 10th U.S. Circuit Court of Appeals in Denver."

And the Kansas City Business Journal reports that "Roberts, Moran won't back Six's federal judicial nomination."
Posted at 03:54 PM by Howard Bashman



"Judge in Hustler case disallows jury's $19 million award to Benoit family; Georgia law caps punitive damages unless there is intent to harm": The Atlanta Journal-Constitution has a news update that begins, "A jury on Friday voted to penalize Hustler magazine nearly $20 million for publishing nude photographs of wrestler Chris Benoit's late wife -- a verdict overturned by the presiding judge moments later. Instead, the adult magazine will be liable for only $375,000 in compensatory and punitive damages after U.S. District Court Judge Thomas W. Thrash Jr. ruled the jury could not exceed Georgia's punitive cap. Richard Decker, hired by Nancy Benoit's family in 2008 after Hustler published the photos, said he will appeal the judge's decision."

And The Associated Press reports that "Judge penalizes Hustler over dead woman's photos."
Posted at 03:27 PM by Howard Bashman



"Illinois Supreme Court rules state cannot take inmate's money earned from prison job; One justice calls Department of Corrections' action 'absurd, unjust'": This article appears today in The Chicago Tribune.

And The Associated Press reports that "Ill. high court limits taking prisoners' savings."

You can access yesterday's ruling of the Supreme Court of Illinois at this link.
Posted at 03:02 PM by Howard Bashman



"This case is not, in my view, close. A criminal defendant's right to a public trial extends to voir dire. Therefore, the intentional, unjustified, and undisclosed closure of an entire voir dire is necessarily a non-trivial structural error that violates the Sixth Amendment and requires reversal. The result in this case is so self-evidently inconsistent with Supreme Court jurisprudence that I would hope that it becomes the subject of certiorari." So concludes the dissenting opinion that Senior Second Circuit Judge Barrington D. Parker issued today in the case captioned United States v. Gupta.
Posted at 11:08 AM by Howard Bashman


"Attorney Eugster loses another legal battle": The Spokesman-Review of Spokane, Washington has a report that begins, "Attorney and former Spokane City Council member Steve Eugster lost another legal decision today, this time challenging the way the state elects appellate judges and assigns them to three-judge panels."

You can access yesterday's ruling of the Washington State Supreme Court at this link.
Posted at 10:00 AM by Howard Bashman



"Briana Waters pleads guilty in eco-terror attacks": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "An Oakland woman has admitted taking part in a radical environmental group's arson attacks on a University of Washington research center and a Northern California corral, in a plea agreement calling for a four-year prison sentence."

Meanwhile, in coverage from earlier this week, The Olympian reported that "Former Olympia woman pleads guilty in University of Washington arson."

And The Seattle Times reported that "California violin teacher pleads guilty to 2001 UW arson."

My earlier coverage of the Ninth Circuit's ruling in this case from September 2010 can be accessed here.
Posted at 09:54 AM by Howard Bashman



"Supreme Court rules against longer prison sentences in order to rehabilitate; Supreme Court justices rule 9-0 that federal law does not allow judges to lengthen sentences with the aim of rehabilitating prisoners": David G. Savage has this article today in The Los Angeles Times.
Posted at 09:46 AM by Howard Bashman


"Lansdale woman can challenge terror law in poisoning case": Today's edition of The Philadelphia Inquirer contains an article that begins, "The U.S. Supreme Court ruled Thursday that a Lansdale woman who poisoned her husband's pregnant paramour can challenge her conviction under a terrorism law that has kept her in prison since 2007."
Posted at 09:42 AM by Howard Bashman


"Does Suspect Need Miranda Warning? It May Depend on Age, Justices Rule." Adam Liptak has this article today in The New York Times.
Posted at 09:34 AM by Howard Bashman


Thursday, June 16, 2011

"Justice Kagan stays alert with a little bench humor": Bill Mears of CNN.com has this report.
Posted at 10:32 PM by Howard Bashman


"Supreme Court: Children are different when it comes to Miranda warning against self-incrimination." Robert Barnes will have this article Friday in The Washington Post.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court says age matters in police questioning; On a 5-4 vote, the justices rule that police who remove a student from class for questioning usually must warn him or her of the right to remain silent."

Jess Bravin of The Wall Street Journal has a news update headlined "High Court Expands Juveniles' Miranda Rights."

Joan Biskupic of USA Today has a news update headlined "Supreme Court: Age must be weighed in interrogations."

The Charlotte Observer has a news update headlined "High court rules against N.C. in juvenile Miranda rights."

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court: When police question children, their age matters; In the case of a 7th-grader who confessed to break-ins, the Supreme Court ruled that police need to consider a child's age when deciding when to issue Miranda warnings."

At "SCOTUSblog," Lyle Denniston has a post titled "Children's age and Miranda: The Court, splitting 5-4, rules that police must take a youthful suspect's age into account in deciding whether they must give 'Miranda warnings.'"

And online at Slate, Dahlia Lithwick has a jurisprudence essay entitled "Read Me a Story, and My Rights: Sonia Sotomayor shows Samuel Alito the value of judicial empathy."
Posted at 08:02 PM by Howard Bashman



"Supreme Court OK's challenge in poisoning case": The Intelligencer of Doylestown, Pennsylvania has a news update that begins, "A vengeful Lansdale wife who was charged under a law usually reserved for terrorists when she tried to poison her husband's lover, will be permitted to challenge her conviction, the U.S. Supreme Court ruled Thursday."

And at "SCOTUSblog," Lyle Denniston has a post titled "States' rights ruling, a big deal or not? The Court seems to open wide the right of individual citizens to sue to protect the rights of state governments under the Tenth Amendment; But the decision may not actually make the opening so wide."
Posted at 07:42 PM by Howard Bashman



"U.S. Appeals Decision Overturning Ban on Corporate Donations to Candidates": Bloomberg News has this report.

And The Associated Press reports that "Feds appeal judge's ruling on campaign finance law."
Posted at 05:36 PM by Howard Bashman



Programming note: This afternoon, I'll be out of the office for a bit to attend an event in south Philadelphia. Additional posts will appear here later today.

Update: Cliff Lee pitched a two-hit shutout and drove in the game-winning RBI on his second hit of the game to lead the Phillies to a 3-0 victory over the Marlins. You can access the box score at this link and recaps from MLB.com here and here.
Posted at 10:28 AM by Howard Bashman



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

1. Justice Elena Kagan delivered the opinion of the Court in Smith v. Bayer Corp., No. 09-1205. The decision is nearly unanimous, in that Justice Clarence Thomas did not join two portions of the opinion. You can access the oral argument via this link.

2. Justice Kagan delivered the opinion for a unanimous Court in Tapia v. United States, No. 10-5400. Justice Sonia Sotomayor issued a concurring opinion, in which Justice Samuel A. Alito, Jr. joined. You can access the oral argument via this link.

3. Justice Sotomayor delivered the opinion of the Court in J.D.B. v. North Carolina, No. 09-11121. Justice Alito issued a dissenting opinion, in which the Chief Justice and Justices Antonin Scalia and Thomas joined. You can access the oral argument via this link.

4. Justice Alito delivered the opinion of the Court in Davis v. United States, No. 09-11328. Justice Stephen G. Breyer issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined. You can access the oral argument via this link.

5. And Justice Kennedy delivered the opinion for a unanimous Court in Bond v. United States, No. 09-1227. Justice Ginsburg issued a concurring opinion, in which Justice Breyer joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Court says age must be considered in interrogation"; "Court: Woman can challenge use of terrorism law"; "High court upholds Ala. man's conviction"; "Court lets class action against Bayer proceed"; and "Court says judges can't give extra time for rehab."
Posted at 10:03 AM by Howard Bashman



"Federal court to hear arguments over Bruno retrial; Arguments Friday come after high court's ruling in honest services case": This article appears today in The Times Union of Albany, New York.
Posted at 08:17 AM by Howard Bashman


"Barry Bonds seeks to overturn federal conviction": Bob Egelko has this article today in The San Francisco Chronicle.

And The Recorder reports that "Bonds' Appellate Team Seeks Dismissal, Says Slugger Convicted of Being Wordy."
Posted at 08:16 AM by Howard Bashman



"N.H. high court: AG need not join care lawsuit." Today's edition of The Nashua Telegraph contains an article that begins, "New Hampshire's highest court gave Attorney General Michael Delaney a slam dunk victory Wednesday, saying he can't be forced to join a lawsuit against the federal healthcare law."

You can access yesterday's ruling of the Supreme Court of New Hampshire at this link.
Posted at 08:10 AM by Howard Bashman



"Ohio case on courtroom Ten Commandments reaches U.S. Supreme Court": The Columbus Dispatch contains this article today.
Posted at 08:02 AM by Howard Bashman


"Gun law misses Pa. Supreme Court": This article appears today in The Pittsburgh Tribune-Review.
Posted at 08:00 AM by Howard Bashman


"Activists by Invitation": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 07:58 AM by Howard Bashman


"Piercing Cats Is Cruelty, Judges Rule": John Schwartz has this article today in The New York Times.

The Morning Call of Allentown, Pennsylvania reported yesterday that "'Gothic' pierced kittens violate Pennsylvania's cruelty law, court rules; Appeals court upholds conviction of woman who planned to sell 'gothic cats' on eBay."

The Citizens' Voice of Wilkes-Barre, Pennsylvania reported earlier this week that "Court upholds conviction of gothic-kitten groomer."

And the blog "Siouxsie Law" has this post.

My earlier coverage of Monday's Pa. Superior Court ruling appears at this link.
Posted at 07:54 AM by Howard Bashman



"Can Justice Be Bought?" Today's edition of The New York Times contains an editorial that begins, "Two years ago, the Supreme Court tried to bolster public trust in the nation's justice system by disqualifying a state judge in West Virginia from a case that involved a coal company executive who had spent more than $3 million to help get the judge elected."
Posted at 07:42 AM by Howard Bashman


"In 'Doo-Wop' Case, 3rd Circuit to Consider 'Prevailing Party' Fees Issue": Shannon P. Duffy of The Legal Intelligencer had this article in September 2010 about the Third Circuit's grant of rehearing en banc in that case.

Yesterday, the en banc Third Circuit issued this ruling in the matter.
Posted at 07:34 AM by Howard Bashman



Wednesday, June 15, 2011

"Cap on jury awards a legal limit, state Supreme Court told; But opponent in tort reform test says law restricts judicial powers": This article appears today in The Clarion-Ledger of Jackson, Mississippi.

And the newspaper also contains an op-ed by columnist Sid Salter entitled "Court decision on tort reform will impact elections."
Posted at 11:00 PM by Howard Bashman



"Barry Bonds Asks Court for New Trial or Acquittal on Obstruction Charge": Bloomberg News has this report.

And The Associated Press reports that "Barry Bonds asks for acquittal or new trial."
Posted at 05:18 PM by Howard Bashman



"Lawmakers Propose Warrant Requirement for GPS Data": David Kravets has this post today at Wired.com's "Threat Level" blog.
Posted at 05:03 PM by Howard Bashman


"For Whom the Post-Judgment Motion Tolls: Avoiding a Trap in Federal Court." Yesterdays edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers, contained this month's installment of my "Upon Further Review" column.

My column this month focuses on a ruling from a divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit that I first noted in a post that you can access here.
Posted at 11:02 AM by Howard Bashman



"Prop. 8 challenge to gay judge's ruling rejected": Bob Egelko has this article today in The San Francisco Chronicle.

In today's edition of The Los Angeles Times, Maura Dolan reports that "Gay judge wasn't required to remove himself from same-sex marriage case, U.S. judge rules; Judge Vaughn R. Walker, who has been in a long-term relationship, last year ruled that the Proposition 8 ban on gay marriage in California was unconstitutional; The new ruling establishes that gay judges may decide gay rights cases without having to defend their impartiality."

Howard Mintz of The San Jose Mercury News reports that "Judge rejects bid to set aside Proposition 8 ruling."

And The New York Times reports that "California Judge Upholds a Ruling on Gay Marriage."
Posted at 08:22 AM by Howard Bashman



"Convictions upheld in 'massive' mortgage fraud scheme": Bill Rankin has this article today in The Atlanta Journal-Constitution.

You can access here and here yesterday's rulings of the U.S. Court of Appeals for the Eleventh Circuit.
Posted at 08:16 AM by Howard Bashman



"Skip The Legalese And Keep It Short, Justices Say": Nina Totenberg had this audio segment on Monday's broadcast of NPR's "Morning Edition."
Posted at 08:12 AM by Howard Bashman


"Sandra Day O'Connor keynotes WSU forum; Speakers seek alternate routes to choose Michigan Supreme Court justices": The South End, the student newspaper of Wayne State University, has this report.
Posted at 08:10 AM by Howard Bashman


"A California Bankruptcy Court Rejects U.S. Law Barring Same-Sex Marriage": John Schwartz has this article today in The New York Times.

Today in The San Francisco Chronicle, Bob Egelko reports that "Bankruptcy court blasts Defense of Marriage Act."

And Carol J. Williams of The Los Angeles Times reports that "Defense of Marriage Act called unconstitutional by bankruptcy judge; Ruling is first to address the issue since the Obama administration announced it would no longer defend the law."
Posted at 08:07 AM by Howard Bashman



"Wisconsin Court Reinstates Law on Union Rights": This article appears today in The New York Times.
Posted at 08:03 AM by Howard Bashman


"High court spurns atheist's 'under God' challenge": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 07:52 AM by Howard Bashman


Tuesday, June 14, 2011

"Can you appeal a final judgment rendered against someone else? Especially when you aren't a named party to the lawsuit and voluntarily left the case long ago? At least generally, and specifically in this case, the answer is no." So begins an opinion that Circuit Judge Neil M. Gorsuch issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit.
Posted at 11:00 PM by Howard Bashman


"Ruling Blocks Realtor From Suing Over Comments on Rival's Blog": Wednesday's edition of The New York Law Journal will contain an article that begins, "New York's highest court attempted for the first time yesterday to draw a line between when website operators can claim the protection of federal law for objectionable material provided by third parties and when they can be sued for libelous content."

The Associated Press reports that "NY's top court rejects online defamation lawsuit."

And Reuters has an article headlined "Blog not liable for defamatory comment: NY high court."

You can access today's 4-3 ruling of the New York State Court of Appeals at this link.
Posted at 08:15 PM by Howard Bashman



"Supreme Court reinstates collective bargaining law": The Milwaukee Journal Sentinel has a news update that begins, "Acting with unusual speed, the state Supreme Court on Tuesday reinstated Gov. Scott Walker's plan to all but end collective bargaining for tens of thousands of public workers."

The Wisconsin State Journal has a news update headlined "Supreme Court clears way for collective bargaining law to take effect."

The Wall Street Journal has a news update headlined "Wisconsin Union Law to Take Effect."

The Associated Press reports that "Court allows Wisconsin's union law to take effect."

And Reuters reports that "Wisconsin Supreme Court upholds anti-union law."

You can access today's ruling of the Supreme Court of Wisconsin at this link.
Posted at 07:21 PM by Howard Bashman



"Accordingly, the Motion to Vacate Judgment on the sole ground of Judge Walker's same-sex relationship is DENIED." You can access today's ruling of Chief U.S. District Judge James Ware of the Northern District of California at this link.

In early news coverage, Maura Dolan of The Los Angeles Times has a blog post titled "Gay jurist in Proposition 8 case had no legal obligation to remove himself, judge rules."

And The Associated Press reports that "Gay judge's same-sex marriage ruling upheld."
Posted at 04:12 PM by Howard Bashman



Woman's conviction for piercing cats upheld: Sorry, no euphemisms here. The Associated Press reports that "Pierced-cat seller's cruelty conviction upheld."

And The Times Leader of Wilkes-Barre, Pennsylvania reports today that "Cruelty to 'goth cats' conviction is upheld; Woman accused of piercing the ears and necks of three kittens, docking their tails."

You can access yesterday's ruling of the Superior Court of Pennsylvania at this link.
Posted at 02:38 PM by Howard Bashman



"Contract to Defend DOMA Violates Spending Law, Complaint Says": At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "A nonprofit group said today it is filing an ethics complaint against U.S. House Speaker John Boehner (R-Ohio) over how he and other House Republican leaders plan to pay for litigation over the federal Defense of Marriage Act."
Posted at 02:12 PM by Howard Bashman


"Scalia continues his history of relying on history": Tony Mauro has this analysis online at the First Amendment Center.
Posted at 11:44 AM by Howard Bashman


"Appellate court to rehear case on CPS teacher firings": The Chicago Tribune has a report that begins, "The federal 7th Circuit Court of Appeals on Monday vacated an earlier opinion that Chicago Public Schools improperly fired nearly 750 tenured teachers last summer, and has asked the Illinois Supreme Court to weigh in on several issues in the case."

You can access yesterday's per curiam ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 09:42 AM by Howard Bashman



"US court to decide rights of Walmart and its women": This article appears today in The Sydney Morning Herald.
Posted at 09:33 AM by Howard Bashman


"Judge to decide Calif. gay marriage case Tuesday": The Associated Press has a report that begins, "A federal judge is deciding whether a gay judge's ruling to strike down California's same-sex marriage ban should be overturned because he failed to divulge his own marital intentions before throwing out the voter-approved measure."
Posted at 09:32 AM by Howard Bashman


"Stevens: 'I Was Never a Fan of Labels for Justices.'" Gwen Ifill interviewed retired Justice John Paul Stevens on yesterday evening's broadcast of the PBS program "The NewsHour with Jim Lehrer." You can access both the video and a transcript of the interview via this link.
Posted at 09:28 AM by Howard Bashman


"Clarence Thomas takes hard line on defendants": Joan Biskupic has this article today in USA Today.
Posted at 09:24 AM by Howard Bashman


"Appeals court limits punishment for speech or writing done by students out of school": Joseph A. Slobodzian has this article today in The Philadelphia Inquirer.

The Republican-Herald of Pottsville, Pennsylvania reports today that "Blue Mountain teen wins MySpace speech case."

And The Pittsburgh Tribune-Review reports that "Pennsylvania districts lose cases over MySpace parodies."
Posted at 09:10 AM by Howard Bashman



"In summer, justices head for enviable destinations": Mark Sherman of The Associated Press has this report.
Posted at 08:56 AM by Howard Bashman


Monday, June 13, 2011

"Adoptions Rise by Same-Sex Couples, Despite Legal Barriers": This article will appear Tuesday in The New York Times.
Posted at 10:36 PM by Howard Bashman


"Whatever else the term means or includes, the phrase 'the people' in the Second Amendment of the Constitution does not include aliens illegally in the United States": So holds the majority on a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit in a ruling issued today.

In dissent, Circuit Judge James L. Dennis responds as follows:

Supreme Court and Fifth Circuit precedent recognize that the phrase "the people" has the same meaning in the First, Second, and Fourth Amendments. The majority's determination that Portillo-Munoz is not part of "the people" effectively means that millions of similarly situated residents of the United States are "non-persons" who have no rights to be free from unjustified searches of their homes and bodies and other abuses, nor to peaceably assemble or petition the government. In my view, Portillo-Munoz clearly satisfies the criteria given by the Supreme Court and our court for determining whether he is part of "the people": he has come to the United States voluntarily and accepted some societal obligations.
(footnotes omitted).
Posted at 10:22 PM by Howard Bashman


"Too Gay To Judge? The preposterous, appalling effort to disqualify Vaughn Walker from judging the California gay marriage case because he is gay." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:00 PM by Howard Bashman


"Supreme Court upholds recusal rule": Robert Barnes will have this article Tuesday in The Washington Post.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court upholds ethics laws; Reversing a Nevada high court ruling, the Supreme Court said that legislators do not have a free speech right to vote on matters in which they have a conflict of interest; In a 9-0 vote, the justices said the 1st Amendment does not shield a legislator charged with an ethics violation."

Joan Biskupic of USA Today has a news update headlined "Ethics rules don't violate free speech, Supreme Court says."

Jess Bravin of The Wall Street Journal has a news update headlined "High Court Upholds Nevada Ethics Law."

The Las Vegas Review-Journal has a news update headlined "High court upholds Nevada ethics law."

And this evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Supreme Court Upholds Nevada Ethics Law" featuring Nina Totenberg.
Posted at 08:30 PM by Howard Bashman



"In 5-4 Vote, Supreme Court Limits Securities Fraud Suits": Adam Liptak will have this article Tuesday in The New York Times.
Posted at 08:20 PM by Howard Bashman


"Supreme Court deadlocks in peculiar case about US citizenship": Warren Richey of The Christian Science Monitor has this report.
Posted at 08:14 PM by Howard Bashman


"Skepticism over tossing gay judge's Prop. 8 ruling": Bob Egelko of The San Francisco Chronicle has this news update.

Howard Mintz of The San Jose Mercury News has an update headlined "Federal judge considers whether Proposition 8 trial judge may have been biased."

The Associated Press reports that "Gay judge's relationship aired in CA marriage case."

And Bloomberg News has a report headlined "Gay Judge's Calif. Marriage Ruling Invalid: Group."
Posted at 08:10 PM by Howard Bashman



"Dictionary Citations by Justices Rise Sharply": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 08:02 PM by Howard Bashman


"Appeals court rules MySpace parodies protected by First Amendment": The Pittsburgh Post-Gazette has a news update that begins, "The Third Circuit Court of Appeals today held that two Pennsylvania students who created MySpace profiles making fun of their school principals were protected by the First Amendment right to freedom of speech, and could not be punished by their school districts."
Posted at 08:00 PM by Howard Bashman


"Appeals Court Backs Students in Internet Parodies of Principals": At the "School Law" blog of Education Week, Mark Walsh has a post that begins, "In a major pair of decisions on the free speech rights of students in the Internet era, a federal appeals court ruled on Monday that students who ridiculed their principals online could not be punished by school authorities because the speech was created off campus and did not substantially disrupt schools."
Posted at 05:34 PM by Howard Bashman


"Justices Decline to Hear Pledge of Allegiance Challenge": Mark Walsh has this post at the "School Law" blog of Education Week.
Posted at 04:27 PM by Howard Bashman


"Pa. teens win MySpace speech case": The Associated Press has this report.

My earlier coverage of today's en banc Third Circuit rulings appears at this link.
Posted at 02:45 PM by Howard Bashman



"Court upholds strict standard in capital cases; Defendants must prove they are mentally disabled beyond a reasonable doubt": Bill Rankin of The Atlanta Journal-Constitution has this news update reporting on a ruling that the Supreme Court of Georgia issued today.

According to the article, "By a 6-1 vote, the court allowed Georgia to remain the only state in the country that requires capital defendants to prove they are mentally disabled beyond a reasonable doubt, the most stringent burden of proof in the justice system."
Posted at 01:36 PM by Howard Bashman



"Court declines to reconsider charter school decision": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "The Georgia Supreme Court on Monday said it has declined to reconsider its recently issued 4-3 decision that declared the charter school law unconstitional."
Posted at 01:30 PM by Howard Bashman


"At term's end, Supreme Court opinions anything but brief": Joan Biskupic has this article today in USA Today.
Posted at 01:22 PM by Howard Bashman


"Obama's Law: A new argument about his legal philosophy--and its troubling consequences." Law professor Justin Driver has this cover story (pass-through link) in the June 30, 2011 issue of The New Republic.
Posted at 01:14 PM by Howard Bashman


U.S. Court of Appeals for the Third Circuit issues en banc rulings in two cases involving students disciplined for ridiculing their principals online: You can access today's ruling in Layshock v. Hermitage School Dist. at this link.

And you can access today's ruling in J.S. v. Blue Mountain School Dist. at this link.

My earlier coverage of these cases can be accessed here, here, and here.

The Associated Press has previously covered these cases in articles headlined "Lawyers for Pa. students, schools argue over off-campus speech"; "3rd Circuit considers whether schools can punish off-campus speech"; "3rd Circuit rulings cloud issue of off-campus student speech"; and "Pa. student had right to parody principal, federal judge rules."
Posted at 01:06 PM by Howard Bashman



Access online today's Order List and rulings in argued cases of the U.S. Supreme Court: You can access today's Order List at this link. The Court granted review in four cases.

In addition, the Court issued rulings in four argued cases.

1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in United States v. Jicarilla Apache Nation, No. 10-382. Justice Ruth Bader Ginsburg issued an opinion concurring in the judgment, which Justice Stephen G. Breyer joined. Justice Sonia Sotomayor issued a dissenting opinion. And Justice Elena Kagan did not take part in the ruling. You can access the oral argument via this link.

2. Justice Clarence Thomas delivered the opinion of the Court in Janus Capital Group, Inc. v. First Derivative Traders, No. 09-525. Justice Breyer issued a dissenting opinion, in which Justice Ginsburg, Sotomayor, and Kagan joined. You can access the oral argument via this link.

3. Justice Antonin Scalia delivered the opinion of the Court in Nevada Comm'n on Ethics v. Carrigan, No. 10-568. Justice Anthony M. Kennedy issued a concurring opinion. And Justice Alito issued an opinion concurring in part and concurring in the judgment. You can access the oral argument via this link.

4. Finally, in Flores-Villar v. United States, No. 09-5801, the Court issued a per curiam order affirming by an equally divided vote. 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 "High court upholds Nevada ethics law"; "Court rejects sex bias claim on citizenship rule"; "Court blocks investors' claims against Janus"; "Court to decide on appeals deadline"; "Court to decide whether farmers must pay tax"; "Court orders reconsideration of parole judgment"; "Court turns away appeal over Steinbeck copyrights"; and "Court eyes restitution in Petters' Ponzi case."
Posted at 10:04 AM by Howard Bashman



"Battle over Proposition 8 judge's same-sex relationship heads to court": Howard Mintz has this article today in The San Jose Mercury News.

The Associated Press reports that "Lawyers target gay marriage ruling by Calif judge."

Today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "When A Gay Judge Rules On Gay Rights."

And in yesterday's edition of The Sacramento Bee, Courtney A. Powers had an op-ed entitled "Judges should not have to open up their private lives."
Posted at 09:10 AM by Howard Bashman



Sunday, June 12, 2011

"Same-Sex Vote Unlikely in California": This article will appear Monday in The New York Times.
Posted at 10:44 PM by Howard Bashman


"Stuck in the Muddle": Today's edition of The New York Times contains an editorial that begins, "Making sense of the Armed Career Criminal Act's 'residual clause' has become an almost annual rite for the Supreme Court."
Posted at 08:54 PM by Howard Bashman


"Why Michiganders have lost faith in judges' impartiality": Retired Justice Sandra Day O'Connor has this op-ed today in The Detroit Free Press.

And today in The Lansing State Journal, Dan Pero has an op-ed entitled "Elections are better than 'merit' selection of judges; Appointments would shield judges who let political views prevail."
Posted at 08:52 PM by Howard Bashman



"Abortion suddenly a hot topic in Harrisburg; A wave of legislation related to it has advocates worried about the possibility of new restrictions": This article appears today in The Philadelphia Inquirer.
Posted at 08:47 PM by Howard Bashman


"Disagreement over nominees leaves Virginia Supreme Court shorthanded": Yesterday's edition of The Washington Post contained this article.
Posted at 08:20 PM by Howard Bashman


"Ark Supreme Court justice says clothing ad a surprise, asks designer to stop using her image": This article appeared Saturday in The Arkansas Democrat-Gazette.
Posted at 12:25 PM by Howard Bashman


"Getting a legal grip on violent video games": Michael Kirkland of UPI has this report.
Posted at 11:54 AM by Howard Bashman


Saturday, June 11, 2011

"SJC overturns '09 conviction": Today's edition of The Boston Globe contains an article that begins, "A certificate routinely issued by the Registry of Motor Vehicles cannot be used as evidence in court that individuals have been notified that their license has been suspended or revoked, the state's highest court ruled yesterday. The Supreme Judicial Court said the introduction of the certificate in a Middlesex County case violated the defendant's Sixth Amendment right to confront the witnesses testifying against him."

You can access yesterday's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 10:24 AM by Howard Bashman



"Supreme Court: Decisions to Watch -- Walmart, Violent Video Games and More." Ariane de Vogue has this post at "The Note" blog at ABCNews.com.
Posted at 10:20 AM by Howard Bashman


"Appellate judge appointed temporary N.J. Supreme Court justice": The Newark Star-Ledger contains this article today.
Posted at 10:16 AM by Howard Bashman


"Alabama's top court overturns law granting grandparents limited visitation rights": This article appears today in The Birmingham News.

And The Associated Press reports that "High court strikes down grandparents' rights law."

When the blog "Alabama Appellate Watch" provides a working link to yesterday's ruling of the Supreme Court of Alabama, I will update this post.

Update: The decision is available in four parts -- part one; part two; part three; and part four.
Posted at 10:12 AM by Howard Bashman



Friday, June 10, 2011

Philadelphia Phillies, on appeal: A Bloomberg News article headlined "FCC Can Force Cable to Share Sports TV: Court" makes mention of the following sentence from a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today:
To use a concrete example, we doubt that Philadelphia baseball fans would switch from cable to an alternative [multichannel video programming distributor] if doing so would mean they could no longer watch Roy Halladay, Cliff Lee, Roy Oswalt, and Cole Hamels take the mound, even if they thought the alternative MVPD was otherwise superior in terms of price and quality.
Speaking of the Phillies, tomorrow afternoon my son and I will return to Citizens Bank Park to watch Phillies starting pitcher Cliff Lee face Chicago Cubs starting pitcher Matt Garza.

Update: Saturday's final score was Phillies 7, Cubs 1. You can access the box score by clicking here.
Posted at 09:00 PM by Howard Bashman



In coverage from The Associated Press of today's rulings of note from the U.S. Court of Appeals for the D.C. Circuit: An article headlined "Appeals court overturns release of Gitmo detainee" reports on this ruling.

An article headlined "FCC move to close program access loophole upheld" reports on this ruling.

And an article headlined "Court sides with Massey in W.Va. mine appeal" reports on this ruling.
Posted at 08:45 PM by Howard Bashman



"Pa. appeals court upholds $188M Wal-Mart verdict": The Associated Press has this report on a 211-page per curiam opinion that a three-judge panel of the Superior Court of Pennsylvania issued today.
Posted at 08:34 PM by Howard Bashman


"Just In: Katyal Resigning from SG's Office at End of Supreme Court Term." Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 05:24 PM by Howard Bashman


"Court upholds changes to San Diego campaign laws": The San Diego Union-Tribune has this article reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 09:52 AM by Howard Bashman


"Verrilli Sworn In as Solicitor General": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 09:50 AM by Howard Bashman


"Microsoft Loses Final Appeal in $290 Million Patent Case": Adam Liptak has this article today in The New York Times.

The Seattle Times reports today that "Microsoft loses Supreme Court patent battle with tiny firm."

And The Toronto Globe and Mail contains an article headlined "The new standard for justice in patent law is i4i."
Posted at 08:37 AM by Howard Bashman



"Judges in standoff over accused rights in Nova Scotia DNA conviction": In today's edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, "A clash between liberal and conservative factions on the Supreme Court of Canada has ended in a robbery conviction for a Nova Scotia man linked to a crime by a single piece of evidence -- a Halloween mask. The terse standoff between factions of the court illustrates the growing isolation of judges who tend to favour the rights of the accused."

You can access yesterday's ruling of the Supreme Court of Canada at this link.
Posted at 08:24 AM by Howard Bashman



"Accused sit in jail as military courts drag feet on appeals": Michael Doyle of McClatchy Newspapers has this report, along with a related article headlined "After a decade in military prison, innocent man still wants to serve."
Posted at 08:14 AM by Howard Bashman


"Supreme Court continues to define what constitutes a 'violent felony'": Robert Barnes has this article today in The Washington Post.

Today in The New York Times, Adam Liptak reports that "Justices Say Fleeing Police by Car Is a Violent Felony."

And David G. Savage of The Los Angeles Times reports that "Supreme Court weighs in on car chases; The high court rules that 'vehicular flight' is a violent felony, punishable by 15 years in prison if it's a third offense."
Posted at 08:12 AM by Howard Bashman



Thursday, June 9, 2011

"Santa Cruz files Supreme Court appeal in Nazi salute case; Robert Norse maintains offer to drop case in exchange for loosened rules": The Santa Cruz Sentinel has this news update.
Posted at 11:06 PM by Howard Bashman


"You can be fired for using medical marijuana, justices rule; Employers in Washington state are allowed to fire employees who fail a drug test, even if they have valid medical-marijuana authorization, the state Supreme Court ruled Thursday": The Seattle Times has this news update.

And The Associated Press has an article headlined "WA court: Workers can be fired over medical pot."

Today's ruling of the Supreme Court of Washington State consists of a majority opinion and a dissenting opinion.
Posted at 11:04 PM by Howard Bashman



"Court reinstates New Times lawsuit over late-night arrests": The Arizona Republic has a news update that begins, "The U.S. 9th Circuit Court of Appeals on Thursday reinstated portions of a federal lawsuit filed by the owners of Phoenix New Times stemming from their late-night arrests by Maricopa County sheriff's deputies in 2007 after the paper published details of overreaching subpoenas sent to the editors."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 03:03 PM by Howard Bashman



"Scalia takes on Congress, a favorite target": Mark Sherman of The Associated Press has this report.
Posted at 02:15 PM by Howard Bashman


In commentary available online from Slate: Dahlia Lithwick has a jurisprudence essay entitled "Shooting Pains: Florida's crazy new law preventing doctors from asking patients about their guns."

And David Weigel has an essay entitled "Confirmed: The Nomination Process Is Broken -- Even Senate Republicans want to help speed up the presidential appointment process" that begins, "Dawn Johnsen doesn't want to complain. It's been one year and two months since she withdrew her nomination to lead the Office of Legal Counsel at the Justice Department."
Posted at 12:52 PM by Howard Bashman



"Federal judge apologizes for misconduct": This article appears today in The Tulsa World.
Posted at 12:48 PM by Howard Bashman


"Louisiana nominees for federal bench cruise through Senate hearing": Bruce Alpert has this article today in The Times-Picayune of New Orleans.
Posted at 12:32 PM 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 Sonia Sotomayor delivered the opinion of the Court in DePierre v. United States, No. 09-1533. Justice Antonin Scalia issued an opinion concurring in part and concurring in the judgment. You can access the oral argument via this link.

2. Justice Sotomayor delivered the opinion of the Court in Microsoft Corp. v. i4i Ltd. Partnership, No.10-290. Justice Stephen G. Breyer issued a concurring opinion, in which Justices Antonin Scalia and Samuel A. Alito, Jr. joined. Justice Clarence Thomas issued an opinion concurring in the judgment. The Chief Justice did not take part in the ruling. You can access the oral argument via this link.

3. Justice Thomas delivered the opinion of the Court in Talk America, Inc. v. Michigan Bell Telephone Co., No. 10-313. Justice Scalia issued a concurring opinion. Justice Elena Kagan did not take part in the ruling. You can access the oral argument via this link.

4. And Justice Anthony M. Kennedy delivered the opinion of the Court in Sykes v. United States, No. 09-11311. Justice Thomas issued an opinion concurring in the judgment. Justice Scalia issued a dissenting opinion. And Justice Kagan issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Court says Microsoft must pay in patent case"; "Court: Using car to flee can be considered violent"; "Court says telephone companies must give access"; and "Supreme Court upholds cocaine sentence."
Posted at 10:02 AM by Howard Bashman



"Judges Weigh Limits of Health Law's Powers": This article appears today in The New York Times.

The Wall Street Journal reports today that "Judges Offer Mixed View on Health Law."

The Washington Times contains an article headlined "Judges seem receptive to health care challenge; See lack of precedent for individual mandate."

The Omaha World-Herald reports that "Health law hearing pleases Bruning."

Bill Mears of CNN.com reports that "Appeals court judges skeptical of government's health care case."

At ABCNews.com, Ariane de Vogue has an article headlined "Health Care Law: Appeals Court Seems Skeptical of Obama Administration's Argument."

And Politico.com reports that "Panel ponders striking individual mandate."
Posted at 08:33 AM by Howard Bashman



"Judge Paul Hawkes files motion to dismiss 'Taj Mahal' charges": Today's edition of The St. Petersburg Times contains an article that begins, "Judge Paul M. Hawkes says all of his fellow judges at the 1st District Court of Appeal participated in key decisions leading to construction of a posh $50 million courthouse many have dubbed the Taj Mahal. In a motion Wednesday that seeks to dismiss charges against him for conduct unbecoming a judge, Hawkes says the court and its building committee worked in concert to make almost all decisions about the granite- and mahogany-filled building."

You can access the motion to dismiss at this link, and you can access all of the documents filed in this Judicial Qualification Commission proceeding via this link.
Posted at 08:22 AM by Howard Bashman



"Court: Dad can paste daughter's face on porn photo." Bob Egelko has this article today in The San Francisco Chronicle.

You can access yesterday's ruling of California's Court of Appeal for the Sixth Appellate District at this link.
Posted at 08:16 AM by Howard Bashman



"Pennsylvania Supreme Court urged to consider how Philadelphia pays death-penalty lawyers": The Philadelphia Inquirer contains this article today.
Posted at 08:11 AM by Howard Bashman


"Sides argue CU regents' authority in concealed-carry gun ban": This article appears today in The Denver Post.

The Boulder Daily Camera reports today that "Colorado Supreme Court weighs challenge to CU campus gun ban."

And The Associated Press reports that "Colo Supreme Court hears arguments on whether universities have right to ban concealed weapons."

You can access the audio of yesterday's oral argument in the Supreme Court of Colorado via this link (7.5MB Windows Media audio file).
Posted at 08:10 AM by Howard Bashman



"Ken Oswalt: Ruling on statutory rape may be hurdle." Today's edition of The Newark (Ohio) Advocate contains an article that begins, "The Ohio Supreme Court has ruled sexual activity between two children younger than 13 without force or impairment cannot be defined as rape."

Today's edition of The Columbus Dispatch contains an article headlined "Justices: Kids' sex was not a crime; Intercourse between boys ages 11 and 12 was consensual."

The Cleveland Plain Dealer reports that "Ohio Supreme Court says statutory rape law unconstitutional when alleged victim and offender are under the age of 13."

And The Dayton Daily News reports that "Ohio's statutory rape law declared unconstitutional in some cases."

You can access yesterday's ruling of the Supreme Court of Ohio at this link. In addition, that court's Public Information Office issued a news release headlined "'Statutory Rape' Law Unconstitutional When Applied to Sexual Conduct Between Two Children Under Age 13; When Use of Force, Impairment of Either Child Not Involved."
Posted at 08:00 AM by Howard Bashman



"Juror is first to pass judgment on 2 courthouses; She inaugurated old, new buildings": This article appears today in The Columbus (Ohio) Dispatch.
Posted at 07:54 AM by Howard Bashman


"Diversity Increases Among High Court Practitioners": Tony Mauro has this article in this week's issue of The National Law Journal.
Posted at 07:50 AM by Howard Bashman


"Citizens United's Outrageous Offspring": This editorial appears today in The New York Times.
Posted at 07:46 AM by Howard Bashman


Wednesday, June 8, 2011

Fifth Circuit reverses federal district court's decision that had invalidated Texas barratry statute on First Amendment grounds: You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 10:25 PM by Howard Bashman


"Judges sharply challenge healthcare law; Skeptical questions from three federal judges in Atlanta suggest they may be ready to declare unconstitutional all or part of the healthcare law promoted by the Obama administration and passed last year by Congress": David G. Savage of The Los Angeles Times has this news update.

Joan Biskupic of USA Today has a news update headlined "Appeals court weighs health insurance mandate."

The St. Petersburg Times has a news update headlined "Legal fight continues over health care reform law."

The Palm Beach Post has a news update headlined "Appeals judges focus on individual mandate, severability, Medicaid in health-care law hearing."

And Bloomberg News reports that "Health-Care Law Must Stand, U.S. Tells Third Appeals Court in Atlanta."
Posted at 09:04 PM by Howard Bashman



"Court questions constitutionality of health care law": Bill Rankin of The Atlanta Journal-Constitution has this news update.

And The Associated Press reports that "US appeals court hears health care law arguments."

Update: C-SPAN Radio is scheduled to broadcast today's Eleventh Circuit oral argument at 3:45 p.m. eastern time. You can listen to C-SPAN Radio live, online by clicking here.
Posted at 01:42 PM by Howard Bashman



"Two Ontario judges frontrunners for Supreme Court vacancies": In today's edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, "A pair of senior Ontario judges are emerging as leading contenders in a contest to fill two vacancies on the Supreme Court of Canada."
Posted at 10:22 AM by Howard Bashman


"Va. federal judge rejects government request to reconsider on donations": Robert Barnes has this article today in The Washington Post.

And Bloomberg News reports that "Judge Won't Restore Charges Over Corporate Campaign Giving."
Posted at 10:18 AM by Howard Bashman



"Affidavits: Conrad Black lorded over captive audience in prison." This article appears today in The Chicago Tribune.

And Monday's edition of The National Post contained an article headlined "Conrad Black treated other inmates 'like servants,'" while on Tuesday that newspaper published an article headlined "Unflattering prisoner profile 'lies': Black."
Posted at 10:16 AM by Howard Bashman



Judicial modesty: Today's edition of The Columbus (Ohio) Dispatch contains an article headlined "New courthouse's glass stairs draw concerns of 'peeping'; Airy feature in new Common Pleas building raises concerns of modesty."
Posted at 10:00 AM by Howard Bashman


"Mapp v. Ohio turns 50: If a moderate Texan could love the exclusionary rule, why can't judicial conservatives?" Alexander Wohl has this jurisprudence essay online at Slate.
Posted at 09:56 AM by Howard Bashman


"Major new corporate case at Court; A new appeal challenges the Second Circuit Court's deeply divided ruling that foreign corporations cannot be sued in U.S. courts, under a 1789 law, for war crimes or human rights abuses": Lyle Denniston has this post at "SCOTUSblog," which has placed the petition for writ of certiorari online at this link.

My earlier posts covering the case can be accessed here and here.
Posted at 09:52 AM by Howard Bashman



"Atlanta court becomes health care battleground": Bill Rankin has this article today in The Atlanta Journal-Constitution.

Today's edition of The St. Petersburg Times contains an article headlined "In fighting health care law, Florida rejects millions in federal aid."

Earlier this week, Joan Biskupic of USA Today reported that "Appeals court to hear states' case against health care law."

Warren Richey of The Christian Science Monitor has an article headlined "Health-care battle: A third US appeals court weighs law's constitutionality; Lawyers representing 26 states square off Wednesday against the Obama administration; Both sides bring top legal talent to the appeal of a ruling by a federal judge in Florida who invalidated the entire health-care law."

At ABCNews.com, Ariane de Vogue reports that "Obama Health Care Bill Next Up for Appeals Court Challenge."

FOXNews.com reports that "States Objecting to Health Care Law to Get Day in Appeals Court."

The Associated Press reports that "Health overhaul fight in pivotal Atlanta court."

Bloomberg News reports that "Health-Care Law Must Stand, Obama Administration Tells Third Appeals Court."

In yesterday's edition of The Wall Street Journal, Richard A. Epstein and Mario Loyola had an op-ed entitled "ObamaCare's Next Constitutional Challenge: The Medicaid provision of the health law spells the death knell for competition among the states."

And at the "aca litigation blog," Brad Joondeph has a post titled "The Medicaid question."

C-SPAN is apparently planning to post the oral argument audio online, so I will provide a link to the audio when it becomes available.
Posted at 09:38 AM by Howard Bashman



Tuesday, June 7, 2011

"State tells federal judges it has right plan to reduce prison overcrowding": Howard Mintz of The San Jose Mercury News has this update.

The San Francisco Chronicle has a news update headlined "State says taxes needed to reduce prison population."

The Sacramento Bee has a news update headlined "Prison officials say crowding has eased but ask Legislature for help."

And The Associated Press reports that "Brown moves to shift Calif. inmates to local jails."
Posted at 08:54 PM by Howard Bashman



"Breaking News: Judge in Va. Contributions Case Reaffirms Opinion Striking Down Federal Campaign Contribution Limits Law." Law professor Rick Hasen has this post at his "Election Law Blog."

And at "SCOTUSblog," Lyle Denniston has a post titled "Judge stands by campaign ruling -- mostly; A federal judge, in a more modest ruling, still finds that the Supreme Court has undercut the constitutionality of the century-old ban on corporate donations directly to federal candidates."
Posted at 04:22 PM by Howard Bashman



"Blogger is not protected under shield law, N.J Supreme Court rules": The Newark Star-Ledger has this news update.

My earlier coverage of today's New Jersey Supreme Court ruling appears at this link.
Posted at 03:56 PM by Howard Bashman



"40 years ago, a ruling that still rings today": David L. Hudson Jr. has this essay online at the First Amendment Center.
Posted at 01:46 PM by Howard Bashman


"Calif. to reveal plan to cut inmate population": The Associated Press has this report.
Posted at 01:44 PM by Howard Bashman


"NJ court: No shield law for message boards posters." The Associated Press has a report that begins, "The New Jersey Supreme Court says people posting in online message boards don't have the same protections for sources as mainstream journalists."

You can access today's ruling of the Supreme Court of New Jersey at this link.

The court's opinion begins, "Millions of people with Internet access can disseminate information today in ways that were previously unimaginable."

And at the conclusion of its opinion, the court writes: "The Legislature is free to expand the [Shield Law's] coverage as a matter of policy. In an era of ever-changing technology, with new and rapidly evolving ways of communicating, the Legislature may choose to reconsider who is a newsperson and add new criteria to the Shield Law. We are not foreclosing that discussion today; we are simply interpreting an existing and far-reaching statute. "
Posted at 11:18 AM by Howard Bashman



"Hazleton immigration ordinance to get new review": This article appears today in The Philadelphia Inquirer.

The Allentown Morning Call reports today that "Review of Hazleton immigrant law ordered; Appeals court will reconsider city's case in light of Supreme Court ruling on Arizona law."

The Citizens' Voice of Wilkes-Barre, Pennsylvania contains articles headlined "Court tosses ruling against Hazleton immigration law" and "Hazleton mayor hopes decision will spur donations to legal fund."

And The Times Leader of Wilkes-Barre, Pennsylvania reports that "Hazleton's immigration case revived; U.S. Supreme Court directs appellate court to reconsider decision in case."
Posted at 10:05 AM by Howard Bashman



"Supreme Court Rules for Drug Firm in a Patent Dispute": Adam Liptak has this article today in The New York Times.

And in today's edition of The Washington Post, Robert Barnes reports that "Supreme Court limits patent rights of university research."
Posted at 10:00 AM by Howard Bashman



"Supreme Court ruling on California immigrant tuition rates could affect other states' policies; Court's decision could reinforce other states' proposals to offer in-state tuition to undocumented students; It may also boost California's Dream Act, which would give those students access to financial aid": Larry Gordon and David Savage have this article today in The Los Angeles Times.

In today's edition of The San Francisco Chronicle, Bob Egelko reports that "U.S. high court OKs in-state tuition for illegals."

Howard Mintz of The San Jose Mercury News reports that "Supreme Court refuses to review California illegal immigrant tuition law."

Warren Richey of The Christian Science Monitor reports that "In-state tuition for illegal immigrants survives, Supreme Court declines case; The Supreme Court refused Monday to hear a challenge to a California law that allows illegal immigrants to pay in-state tuition at state colleges and universities."

And at the "School Law Blog" of Education Week, Mark Walsh has a post titled "Justices Decline Case on Tuition Benefit for Immigrants."
Posted at 09:44 AM by Howard Bashman



"Senate approves Donald Verrilli as solicitor general": Joan Biskupic of USA Today has this report.

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Senate Confirms Former RIAA Lawyer for Solicitor General."
Posted at 09:35 AM by Howard Bashman



"Courts Upend Budgets as States Look for Savings": The New York Times contains this article today.
Posted at 09:24 AM by Howard Bashman


"Wyoming Supreme Court reverses same-sex divorce ruling": This article appears today in The Casper Star-Tribune.

You can access yesterday's ruling of the Supreme Court of Wyoming at this link.
Posted at 09:22 AM by Howard Bashman



"Disputed Election Fueled Prof. Hasen's Specialty": At the web site of the University of California, Irvine School of Law, Rex Bossert has this profile of law professor Rick Hasen, author of the "Election Law Blog."
Posted at 09:04 AM by Howard Bashman


Monday, June 6, 2011

"Pro-choice forces seek to prevent referendum; Mississippi slated to vote on 'personhood'": The Washington Times has a news update that begins, "Stepping into a growing national debate over abortion rights, the Mississippi Supreme Court heard arguments Monday about whether to allow a 'personhood' amendment to remain on the ballot this fall."
Posted at 07:50 PM by Howard Bashman


"Supreme Court Declines to Take GE Challenge of Superfund": Lawrence Hurley of Greenwire has this report (via The New York Times).

And Reuters reports that "U.S. court rejects GE challenge to EPA cleanup orders."
Posted at 07:40 PM by Howard Bashman



"Did jail strip search go too far? Supreme Court lets ruling stand; A federal appeals court ruled that a woman's intimate search of a male inmate -- which was filmed and watched by dozens -- was unreasonable; The Supreme Court declined to take the case." Warren Richey of The Christian Science Monitor has this report.

And Bill Mears of CNN.com reports that "Supreme Court upholds liability judgment in cross-gender inmate search."
Posted at 07:32 PM by Howard Bashman



"Senate confirms Obama lawyer as solicitor general": The Associated Press has a report that begins, "The Senate on Monday confirmed White House lawyer Donald Verrilli Jr. to succeed Justice Elena Kagan as U.S. solicitor general."

And at "SCOTUSblog," Lyle Denniston has a post titled "Verrilli gets final OK as SG."
Posted at 07:22 PM by Howard Bashman



"Gov. Jan Brewer names D.C. attorney as lead counsel in SB 1070 petition": The Arizona Republic has a news update that begins, "Gov. Jan Brewer has appointed Washington D.C.-based attorney and former U.S. Solicitor General Paul Clement as lead counsel for the state's petition against the federal government in the Senate Bill 1070 case."

And The Associated Press reports that "AZ gov picks prominent lawyer for immigration case."
Posted at 04:58 PM by Howard Bashman



"Court tosses ruling against Hazleton's illegal immigration law": The Citizens' Voice of Wilkes-Barre, Pennsylvania has this news update.

And Warren Richey of The Christian Science Monitor reports that "Supreme Court demands review of ruling in anti-illegal immigration case; A federal appeals court ruled that the anti-illegal immigration laws of Hazleton, Pa., clashed with federal authority; But the Supreme Court is telling the appeals court to reconsider the case."
Posted at 02:20 PM by Howard Bashman



"High court rejects Stanford's bid to revive lawsuit with Roche over AIDS treatment patents": Howard Mintz of The San Jose Mercury News has this update.

Greg Stohr of Bloomberg News reports that "Roche Wins as U.S. High Court Limits Research Universities' Patent Rights."

And Brent Kendall of Dow Jones Newswires reports that "Supreme Court Sides With Roche In Patent Battle With Stanford."
Posted at 02:16 PM by Howard Bashman



"Supreme Court considers collective bargaining case": The Milwaukee Journal Sentinel has this report.

And The Associated Press reports that "Wis. DOJ argues authority exceeded in union case."
Posted at 11:32 AM by Howard Bashman



Access online today's Order List and rulings in argued cases of the U.S. Supreme Court: You can access today's Order List at this link. The Court granted review in two cases.

The Court today also issued rulings in four argued cases.

1. Justice Elena Kagan delivered the opinion for a unanimous Court in Fox v. Vice, No. 10-114. You can access the oral argument via this link.

2. Justice Clarence Thomas delivered the opinion for a unanimous Court in McNeill v. United States, No. 10-5258. You can access the oral argument via this link.

3. The Chief Justice delivered the opinion of the Court in Board of Trustees of Leland Stanford Junior Univ. v. Roche Molecular Systems, Inc., No. 09-1159. Justice Sonia Sotomayor issued a concurring opinion. And Justice Stephen G. Breyer issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined. You can access the oral argument via this link.

4. And the Chief Justice delivered the opinion for a unanimous Court in Erica P. John Fund, Inc. v. Halliburton Co., No. 09-1403. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Court says university, company co-owners of patent"; "Court says Halliburton lawsuit can go forward"; "Court: Career criminal won't get less prison time"; "Court says victim doesn't have to pay lawyer fees"; "Court orders new look at Pa. city immigration regs"; "High court denies former Sen. Burris appeal"; and "Supreme Court turns down Snipes' appeal."
Posted at 10:05 AM by Howard Bashman



"Split between Alex Salmond and Kenny MacAskill over UK Supreme Court; A major split has emerged between Alex Salmond and his Justice Minister after the First Minister said he would not withhold funding from the UK Supreme Court": This article appears today in The Telegraph (UK).

And today's edition of The Herald of Scotland contains an article headlined "Salmond in bid to brush off Supreme Court attacks."
Posted at 08:20 AM by Howard Bashman



"Is California crime drop due to 'three-strikes' law?" Columnist Dan Walters has this op-ed today in The Sacramento Bee.
Posted at 08:17 AM by Howard Bashman


"In their push for 'original meaning,' conservatives stand on shaky ground": Law professor Geoffrey R. Stone had this op-ed yesterday in The Philadelphia Inquirer.
Posted at 08:14 AM by Howard Bashman


"When fear trumps liberty: The recently renewed Patriot Act interferes with freedoms in the name of preserving them; Sixty years earlier, a communist-fearing U.S. government went down the same path, with the help of the Supreme Court." Scott Martelle has this op-ed today in The Los Angeles Times.
Posted at 08:06 AM by Howard Bashman


"Consensus-driven Supreme Court under the microscope": Kirk Makin has this article today in The Toronto Globe and Mail.

In addition, today's newspaper contains an editorial entitled "Trust parliamentarians to ask tough questions of Supreme Court appointees."
Posted at 08:02 AM by Howard Bashman



"Paw Paw & Lady Love: Has the Supreme Court ever heard such a peculiarly American story as that of Anna Nicole Smith? And they didn't know the half of it." Dan P. Lee has this article in the June 13, 2011 issue of New York magazine.
Posted at 07:58 AM by Howard Bashman


"Court's dynamic NY duo: Kagan, Soto united." This article appears today in The New York Post.
Posted at 07:46 AM by Howard Bashman


"Wal-Mart Tops U.S. High Court Agenda as Violent Video Game Ruling Looms": Greg Stohr of Bloomberg News has this report.
Posted at 07:40 AM by Howard Bashman


Sunday, June 5, 2011

"Medina Valley graduates hear prayers aplenty; Repeated 'amens' draw applause": This article appears today in The San Antonio Express-News.
Posted at 10:30 PM by Howard Bashman


"Plessy and Ferguson: Descendants of a divisive Supreme Court decision unite." Robert Barnes will have this article Monday in The Washington Post.
Posted at 10:28 PM by Howard Bashman


"Walmart, Microsoft rulings waiting to drop": Michael Kirkland of UPI has this report.
Posted at 09:35 AM by Howard Bashman


Saturday, June 4, 2011

"A new 'Kennedy doctrine': Justice Kennedy puts forth a broad new theory of legal immunity for members of the President's Cabinet." Lyle Denniston has this post at "SCOTUSblog."
Posted at 11:26 PM by Howard Bashman


"Q-C lawyer officially joins state's high court": Today's edition of The Quad-City Times of Davenport, Iowa contains an article that begins, "The state's highest court officially inducted three new members into its ranks during a relatively quick Friday afternoon ceremony that was light on pomp, circumstance and politics, even though it was the result of the latter."
Posted at 11:22 PM by Howard Bashman


"Delaware courts: Police use of tracking devices at issue." Today in The News Journal of Wilmington, Delaware, Sean O'Sullivan has an article that begins, "A criminal case making its way to the Delaware Supreme Court could help define personal privacy and set limits on how far police can go when using electronic surveillance in Delaware and perhaps across the United States."
Posted at 11:18 PM by Howard Bashman


"Teen's murder conviction reversed because of 'prejudicial' goth evidence": The blog "Siouxsie Law" has this post about a ruling that the Supreme Court of Georgia issued on Tuesday of last week.
Posted at 11:16 PM by Howard Bashman


Friday, June 3, 2011

"Altria Appeals Ruling Giving FDA Authority to Regulate Tobacco Sales": Bloomberg News has this report.
Posted at 10:16 PM by Howard Bashman


"Appeals panel overturns Medina Valley graduation prayer ban": The San Antonio Express-News has this update. Earlier, the newspaper reported that "Valedictorian joins in prayer fight; Girl wants religion in her graduation address."

And The Associated Press reports that "Appeals court lifts ban on Texas graduation prayer."
Posted at 08:47 PM by Howard Bashman



"Stolen artwork should go back to France: appeals court." 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 04:54 PM by Howard Bashman


Ninth Circuit grants rehearing en banc to consider constitutional challenge to amendments to the federal Bail Reform Act requiring the defendant to provide a DNA sample as a condition for pre-trial release: You can access yesterday's order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link.

The earlier ruling of a divided three-judge Ninth Circuit panel in this case can be accessed here. My earlier coverage of the three-judge panel's ruling appears at this link.

As Shannon P. Duffy of The Legal Intelligencer has reported, a similar constitutional challenge is now pending before the en banc U.S. Court of Appeals for the Third Circuit. My post collecting news coverage of that en banc rehearing and linking to the oral argument audio can be accessed here.
Posted at 02:34 PM by Howard Bashman



"NFL, players argue over legality of lockout": The Associated Press has this report on today's Eighth Circuit oral argument.

You can download the oral argument via this link (32.4MB mp3 audio file).
Posted at 02:10 PM by Howard Bashman



"The regulated activity": At the "aca litigation blog," Brad Joondeph has an interesting post that begins, "Much ink has been spilled over whether Congress--using its commerce power alone, or its commerce power in conjunction with the Necessary and Proper Clause--has the authority to regulate 'inactivity.' But there is a logically prior question--a question that is often quite tricky in enumerated powers cases--that must be resolved before reaching the inactivity issue. Namely, one has to define exactly what conduct Congress is regulating in the challenged provision."
Posted at 11:52 AM by Howard Bashman


"Sold: the bomb-making tools of Theodore Kaczynski." The Associated Press has this report.

In today's edition of The Sacramento Bee, Denny Walsh reports that "Unabomber items fetch more than $230,000 in auction."

Reuters reports that "'Unabomber' journals sell for $40,000 in auction."

And in earlier coverage, The San Francisco Chronicle reported yesterday that "Bidding is hot for Unabomber's 'murderabilia.'"
Posted at 10:14 AM by Howard Bashman



"Health Care Reform: Preserving Judicial Independence in a Partisan Age." Doug Kendall has this essay online at TPMCafe.
Posted at 10:08 AM by Howard Bashman


"TN Supreme Court may shape alimony; Woman who makes $72,000 a year says she deserves award": This article appears today in The Tennessean.
Posted at 08:20 AM by Howard Bashman


"Airman discharged under 'don't ask, don't tell'": The Associated Press has a report that begins, "The Air Force has discharged an airman under the law banning gays from serving openly in the military, the first firing since President Barack Obama signed legislation aimed at ending the ban."
Posted at 08:16 AM by Howard Bashman


"Lawyers will be the stars as NFL labor battle goes back in session; Owners and players turn to star lawyers to argue case in appellate court today": This article appears today in The Florida Times-Union of Jacksonville.

Today's edition of USA Today contains an article headlined "Next steps unclear after NFL, players face off in court Friday."

Wednesday's edition of The New York Times contained an article headlined "Headed Back to Court, N.F.L. May Gain Clarity."

ESPN.com has an article headlined "Owners, players at critical juncture; Friday's court proceedings will be intense and perhaps even productive; here's a primer."

SI.com's "Sports Law" columnist has an essay entitled "What to expect at the NFL hearing."

And The Associated Press reports that "NFL and players meet, court date next."

Today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit is scheduled to begin at 10 a.m. central time. You can access the appellate filings via this link. I will provide a link to the oral argument audio once the court posts it online.
Posted at 07:55 AM by Howard Bashman



"About That Precedent": Today's edition of The New York Times contains an editorial that begins, "It's a rare day that a federal judge decides to revisit a decision the week after making it or that the Justice Department apologizes for failing to brief him on the crucial precedent." The editorial also praises law professor Rick Hasen's "Election Law Blog."
Posted at 07:42 AM by Howard Bashman


Thursday, June 2, 2011

"Court Lets City Ban Worship Services in Schools": This article will appear Friday in The New York Times.

The New York Daily News has an update headlined "Appeals court backs NYC over keeping religious services out of public schools."

The Associated Press has a report headlined "Appeals court: NY can block school worship service."

And Reuters has a report headlined "New York public schools may bar after hours religion: court."

My earlier coverage of today's Second Circuit ruling appears at this link.
Posted at 10:28 PM by Howard Bashman



"Hiring away prostitutes is illegal, court rules": Bob Egelko of The San Francisco Chronicle has this news update.

My earlier coverage of today's California Supreme Court ruling appears here and here.
Posted at 09:00 PM by Howard Bashman



"Court: Brick man can sue Tiffany's Bar for over-serving him; Ruling offers drunken drivers legal recourse after crashes." This article appears today in The Asbury Park (N.J.) Press.

And The Associated Press reports that "Convicted drunk driver has right to sue bar that served him, N.J. Supreme Court rules."

You can access yesterday's 5-2 ruling of the Supreme Court of New Jersey at this link.
Posted at 06:12 PM by Howard Bashman



"Army judges weigh military trials for civilians": Mark Sherman of The Associated Press has a report that begins, "Three Army judges are weighing a question that hasn't cropped up in decades: whether a civilian contractor working for the U.S. military can be tried in a military court. The issue eventually could end up at the Supreme Court."
Posted at 06:02 PM by Howard Bashman


"In Gun Case Fee Dispute, Court Rules Against Chicago": Mike Scarcella has this post at "The BLT: The Blog of Legal Times" about a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 05:54 PM by Howard Bashman


"Chevron Looks to Arbitrators to Save It From $18B Pollution Payout": Lawrence Hurley of Greenwire has this article (via The New York Times). The article is the third in a three-part series. Parts one and two can be accessed here and here, respectively.
Posted at 05:52 PM by Howard Bashman


Today's Pa. Supreme Court filing: Today in the case captioned Daniel v. Wyeth, I filed plaintiffs' answer in opposition to Wyeth's petition for allowance of appeal. Wyeth is asking the Supreme Court of Pennsylvania to review a ruling that the Superior Court of Pennsylvania issued in the case earlier this year.

Bloomberg News has previously covered the case in articles headlined "Pfizer Told to Pay $10 Million Over Prempro Verdict"; "Pfizer Jury Said to Set Prempro Punitive Damages at $8 Million"; and "Wyeth's Prempro Caused Woman's Cancer, Jury Says."
Posted at 05:44 PM by Howard Bashman



"A Voice From the Past": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 05:02 PM by Howard Bashman


"Auction of Unabomber mementos wraps up": The AP has this report.
Posted at 03:42 PM by Howard Bashman


"Calif's top court refuses to limit pimp definition": The Associated Press has this report.

My earlier coverage of today's California Supreme Court ruling appears at this link.
Posted at 03:40 PM by Howard Bashman



"Court rules parking lot a highway under NY law": The Associated Press has this report on a 4-3 ruling that the New York State Court of Appeals -- that state's highest court -- issued today.
Posted at 02:50 PM by Howard Bashman


"Brentwood man cleared to sue over cat's shooting": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "The market value of a stray cat with a crippling pellet wound is zero, or close to it. But for his devoted owner in Brentwood, a male tabby named Pumkin was well worth the tens of thousands of dollars it took to save his life and restore some of his mobility. Now a state appeals court has issued a first-of-its-kind decision in California, ruling that whoever shot Pumkin can be required to pay his medical expenses."

You can access Tuesday's ruling of California's Court of Appeal for the First Appellate District at this link.
Posted at 11:54 AM by Howard Bashman



California Supreme Court to "Pimp Your Ride"? At 1 p.m. eastern time today, the Supreme Court of California is scheduled to issue its ruling in People v. Zambia, a case that presents the following questions:
(1) Does the offense of pandering require the specific intent to encourage another person to become a prostitute?; and

(2) Can a defendant be convicted of pandering for offering to act as a pimp for a woman who appears to be already working as a prostitute?

Once the decision is posted online, you can access it via this link.

Update: By a vote of 5-2, today's ruling of California's highest court does not appear to contain good news for pimps.
Posted at 11:47 AM by Howard Bashman



Majority on divided three-judge Second Circuit panel upholds the legality of a New York City Public Schools regulation prohibiting the use of school facilities by outside groups outside of school hours for "religious worship services": You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:16 AM by Howard Bashman


"Court tackles health care law; Key Obama initiative on local docket": The Cincinnati Enquirer contains this article today.

Last night, I had this post containing additional news coverage and links to the audio of the oral argument.
Posted at 10:50 AM by Howard Bashman



Wednesday, June 1, 2011

"Second Appellate Panel Hears Arguments on Health Care Law": This article will appear Thursday in The New York Times.

The Associated Press reports that "Obama health overhaul argued in Ohio federal court."

Bloomberg News reports that "Obama Health-Care Law Goes Before Second of at Least Three Appeals Courts."

Bill Mears of CNN.com reports that "Federal court expresses concern over health care reform law."

Dow Jones Newswires report that "Judges Give Health Overhaul Mixed Reception."

Politico.com reports that "Appeals court questions lawsuit over plaintiff's insurance status."

The U.S. Court of Appeals for the Sixth Circuit has posted the audio of today's oral argument online in three parts: Opening Remarks; Argument on the Government's motion to dismiss; and Argument on the merits.
Posted at 08:46 PM by Howard Bashman



"Legal Groups Publish Guide to Becoming a Judge": David Ingram has this post at "The BLT: The Blog of Legal Times."
Posted at 02:20 PM by Howard Bashman


"The Goodwin Liu nomination: Impaired judgment; His derailed judicial appointment sends a chilling message." Ian Millhiser has this op-ed today in The Los Angeles Times.
Posted at 10:52 AM by Howard Bashman


"The Lawfulness of Health-Care Reform": Law professor Akhil Reed Amar has posted this essay online at SSRN.
Posted at 10:04 AM by Howard Bashman


"Justice Alito Cast 2009 Vote in ABC Case When His Family Held Disney Stock": Greg Stohr of Bloomberg News has this report.
Posted at 08:11 AM by Howard Bashman


"Ward Churchill's appeal to win back job to be heard by state high court": The Denver Post contains this article today.
Posted at 08:06 AM by Howard Bashman


"Obama Health-Care Law Goes to Appeals Court": Bloomberg News has a report that begins, "President Barack Obama's health-care law, including its mandate that most Americans obtain insurance, goes before a U.S. appeals court, the second of at least three such panels that will consider the act's constitutionality."
Posted at 07:54 AM by Howard Bashman


"Supreme Court rejects suit against John Ashcroft; The justices throw out a lawsuit by Abdullah Kidd, who says he was held as a material witness under improper motives; The ruling broadens protections for government officials, including the former attorney general": David G. Savage has this article today in The Los Angeles Times.

And today in The Wall Street Journal, Jess Bravin reports that "Top Court Rules for Former Attorney General."
Posted at 07:48 AM by Howard Bashman



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