How Appealing

Friday, September 30, 2011

"Argument preview: Faith, teaching, and the Constitution." Lyle Denniston has this post at "SCOTUSblog."
Posted at 08:34 PM by Howard Bashman


"Supreme Court about to start most interesting term in years": Michael Doyle of McClatchy Newspapers has this report.

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Supreme Court Docket: Surveillance, Profanity and Thought Patents."
Posted at 05:44 PM by Howard Bashman



"The Top 10 Supreme Court Previews": Andrew Cohen has this post online at The Atlantic.
Posted at 05:37 PM by Howard Bashman


"Fed. Circ. judges call for clarity in pre-trial injunctions": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report on dissents from an order denying rehearing en banc that the U.S. Court of Appeals for the Federal Circuit issued yesterday.
Posted at 05:12 PM by Howard Bashman


"New Supreme Court Session Promises Fireworks": WSJ.com has posted online this video interview with reporter Jess Bravin.
Posted at 11:04 AM by Howard Bashman


"Komisarjevsky Trial: Petit's Sister Bristles At 'Stunt' Remark; Defense Thwarted In Mistrial Motion Over Walkout." This article appears today in The Hartford Courant.

And The New Haven Register reports today that "Jennifer Hawke-Petit was killed before fire, doc testifies in Komisarjevsky trial."
Posted at 10:32 AM by Howard Bashman



"U.S. Supreme Court to decide major legal issues": Bob Egelko has this article today in The San Francisco Chronicle.

At Forbes.com, Daniel Fisher has a blog post titled "Patents, Profanity Top Supreme Court's Fall Docket."

Online at The Atlantic, Andrew Cohen has an essay entitled "Supreme Court Preview: The Words of Summer."

And also at The Atlantic, law professor Garrett Epps has an essay entitled "A Constitutional-Law Nerd's Take on Upcoming Supreme Court Cases."
Posted at 09:04 AM by Howard Bashman



"Retired Supreme Court Justice John Paul Stevens pays tribute to Gerald Ford in speech": This article appears today in The Grand Rapids Press.

And today in The Chicago Tribune, columnist Mary Schmich has an op-ed entitled "Retired Justice Stevens' opinion: Chicago's traffic keeps getting worse."
Posted at 09:00 AM by Howard Bashman



"Appeals court strikes down 'Don't Ask, Don't Tell' ruling; A three-member panel of the U.S. 9th Circuit Court of Appeals throws out a Riverside judge's ruling last year that the military's policy on gays and lesbians was unconstitutional; The recent repeal of the policy renders the case moot, it says": Carol J. Williams has this article today in The Los Angeles Times.

And at "SCOTUSblog," Lyle Denniston has a post titled "Federal judge warns on gay rights."

My earlier coverage of yesterday's Ninth Circuit ruling appears here and here.
Posted at 08:57 AM by Howard Bashman



"Supreme Court to weigh churches' hiring rights": Religion News Service has this report (via The Washington Post).

And today in The Deseret News, Hannah C. Smith has an op-ed entitled "High court set to hear religious liberty case."
Posted at 08:52 AM by Howard Bashman



"Some Common Ground for Legal Adversaries on Health Care": Adam Liptak has this news analysis today in The New York Times.

And Linda Feldmann of The Christian Science Monitor has an article headlined "Why a fast Supreme Court ruling on health-care law might benefit Obama; The Obama administration says it did not consider politics when it asked for a ruling from the US Supreme Court on its health-care law; To be sure, both parties will hope to spin a positive story from the result."
Posted at 08:50 AM by Howard Bashman



Thursday, September 29, 2011

Kirk Makin of The Toronto Globe and Mail is reporting: In Friday's newspaper, he will have articles headlined "Slow search for judges likely to leave Supreme Court short handed"; "Docket highlights of the Supreme Court's coming fall session"; and "Front-runners for Supreme Court of Canada posts."
Posted at 11:04 PM by Howard Bashman


"Florida Supreme Court to decide drug law's constitutionality": This article will appear Friday in The St. Petersburg Times.
Posted at 10:50 PM by Howard Bashman


"High Court lets sonogram injunction stay": The Houston Chronicle has a news update that begins, "The U.S. Supreme Court has declined to overrule a federal judge's preliminary injunction preventing the state of Texas from enforcing a strict abortion sonogram law scheduled to take effect on Saturday."
Posted at 10:48 PM by Howard Bashman


"Democrats Call for Inquiry of Clarence Thomas": Roll Call has this report.

And The Hill reports that "Dems want probe of Justice Thomas as health law ruling looms."
Posted at 10:45 PM by Howard Bashman



"Supreme Court confronts case of death row inmate whose lawyers quit his case": Robert Barnes will have this article Friday in The Washington Post.
Posted at 10:44 PM by Howard Bashman


"Transcript: My Interview With Retired Justice John Paul Stevens." George Stephanopoulos of ABC News has this blog post.
Posted at 10:38 PM by Howard Bashman


"Supreme Court term could influence 2012 election": Joan Biskupic will have this article Friday in USA Today.
Posted at 10:36 PM by Howard Bashman


"Man who drove over body loses in Pa. high court": The Associated Press has this report.

In earlier oral argument coverage, The Pittsburgh Post-Gazette reported last October that "Hit-and-run raises moral, legal debates before state Supreme Court."

And The Pittsburgh Tribune-Review reported last October that "State Supreme Court tackles driver responsibility."

Today's ruling of the Supreme Court of Pennsylvania consists of a majority opinion, a concurring opinion, and an opinion concurring in part and dissenting in part.
Posted at 10:30 PM by Howard Bashman



"Challenge to 'don't ask, don't tell' dismissed": Bob Egelko of The San Francisco Chronicle has this news update.

And Dan Levine of Reuters reports that "U.S. court vacates ruling on gays in military."
Posted at 04:37 PM by Howard Bashman



"Jurors in Komisarjevsky trial see autopsy photos of youngest Petit victim": This article appears today in The New Haven Register.

And today's edition of The Hartford Courant contains an article headlined "Komisarjevsky Trial: Medical Examiner Details Girl's Death; Jurors Also See Defendant's Graphic Cellphone Pictures Of 11-Year-Old Michaela Petit."
Posted at 04:30 PM by Howard Bashman



"Appeals court tosses gays in military lawsuit": The Associated Press has this report.

And at his "Under the Radar" blog at Politico.com, Josh Gerstein has a post titled "Appeals court nullifies 'don't ask, don't tell' ruling."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. In a noteworthy concurring opinion, Circuit Judge Diarmuid F. O'Scannlain addresses "the role Lawrence v. Texas may have in substantive due process challenges."
Posted at 01:50 PM by Howard Bashman



"The significance of yesterday": Brad Joondeph has this post at the "aca litigation blog."

And as noted in articles that you can access here, here, here, and here, yesterday was also a rather significant day for Major League Baseball.
Posted at 01:30 PM by Howard Bashman



"Dahlia Lithwick on US Supreme Court Justices": You can access Dahlia Lithwick's FiveBooks Interview, posted online today, by clicking here.
Posted at 01:20 PM by Howard Bashman


"Court re-examines suit against Covington schools": The Associated Press has a report that begins, "A federal appeals court in New Orleans will hear oral arguments in a lawsuit that claims a 9-year-old girl was checked out of a south Mississippi school six times by an unauthorized man who then raped her."

My earlier coverage of this week's Fifth Circuit order granting rehearing en banc can be accessed here.
Posted at 08:15 AM by Howard Bashman



"Entertainment on the Supreme Court docket": Columnist Linda P. Campbell had this op-ed yesterday in The Fort Worth Star-Telegram.
Posted at 08:10 AM by Howard Bashman


"Election-year ruling looms for health overhaul": Mark Sherman of The Associated Press has this report.
Posted at 08:07 AM by Howard Bashman


"Back to Mo. hospital for Loughner": This article appears today in The Arizona Daily Star.

The Arizona Republic reports today that "Loughner's detention extended for four more months."

The New York Times reports that "Tucson Shooting Suspect to Have More Treatment."

The Los Angeles Times reports that "Judge allows further treatment of Tucson shooting suspect; A psychologist says Jared Lee Loughner, accused of killing six people and wounding 13, including Rep. Gabrielle Giffords, has made progress and shown remorse."

The Wall Street Journal reports that "Loughner Can Likely Stand Trial, Judge Rules."

USA Today reports that "Judge says Jared Loughner can be made fit for trial."

And The Associated Press reports that "Loughner remains calm, quiet at Tucson hearing."
Posted at 08:04 AM by Howard Bashman



"Justice pledge to work together while tensions are still evident; Plan for relationship consultant voted down": Patrick Marley has this article today in The Milwaukee Journal Sentinel.

And The Associated Press reports that "Wis. Supreme Court justices agree to play nice."
Posted at 07:54 AM by Howard Bashman



Wednesday, September 28, 2011

"Supreme Court Is Asked to Rule on Health Care": Adam Liptak will have this article Thursday in The New York Times.

Robert Barnes of The Washington Post has a news update headlined "Justice Dept. asks Supreme Court to review health-care law."

David G. Savage of The Los Angeles Times has a news update headlined "Fight over healthcare law heads toward Supreme Court; The Obama administration and Republican state attorneys both petition the high court to hand down a ruling early next year."

In Thursday's edition of USA Today, Joan Biskupic will have an article headlined "Justice Dept. asks high court to look at health care law."

Thursday's edition of The Wall Street Journal will contain an article headlined "Health Overhaul Heads to Justices."

Michael Doyle of McClatchy Newspapers reports that "Obama asks Supreme Court to settle constitutionality of health care law."

Thursday's edition of The Washington Times will contain an article headlined "White House asks Supreme Court to hear health care case."

The Palm Beach Post has a news update headlined "26 states, Obama ask U.S. Supreme Court to settle health-care law debate."

Bill Mears of CNN.com reports that "Justices asked to accept key health care reform appeal."

And at Time magazine's "Swampland" blog, Massimo Calabresi has a post titled "Why Obama Wants a Supreme Court Fight on Health Reform in 2012."
Posted at 11:54 PM by Howard Bashman



"Retired Justice John Paul Stevens on His 'Wrong' Vote on Texas Death Penalty Case": George Stephanopoulos of ABC News has this blog post.
Posted at 11:35 PM by Howard Bashman


"Why President Gerald R. Ford chose Justice John Paul Stevens, one of Supreme Court's most liberal judges": The Grand Rapids Press has a news update that begins, "Susan Ford Bales says her late father, President Gerald R. Ford, appointed John Paul Stevens to the Supreme Court because of his character and integrity, not his politics."
Posted at 11:34 PM by Howard Bashman


Fifth Circuit grants rehearing en banc in another school district liability case, this one asking whether a district may be held liable for failing to protect a 4th grade student from sexual assault by a man who checked the girl out of school without authorization: Monday's order granting rehearing en banc, which the U.S. Court of Appeals for the Fifth Circuit posted online today, can be accessed here.

My earlier coverage of the original three-judge panel's ruling in the case can be accessed here.
Posted at 11:08 PM by Howard Bashman



"Plaintiffs notch legal win in Ill. cigarette suit": The Associated Press has a report that begins, "The Illinois Supreme Court on Wednesday cleared the way for plaintiffs' attorneys to push that a $10.1 billion verdict against cigarette-maker Philip Morris be revived, sending the matter back to the trial court for more hearings."
Posted at 10:35 PM by Howard Bashman


"Justice Stephen Breyer on 'Making Our Democracy Work'": An interview with Justice Stephen G. Breyer appeared on today's broadcast of "The Takeaway" on WNYC Radio. You can access the audio via this link.

Also today, Justice Breyer issued a dissent from the U.S. Supreme Court's denial of an application for stay of execution of sentence of death.
Posted at 10:15 PM by Howard Bashman



"In this appeal, we consider whether the mere offer of an automobile ride to a child constitutes an attempt to 'lure' the child under Section 2910 of Pennsylvania's Criminal Code, entitled 'Luring a child into a motor vehicle or structure.'" So begins the majority opinion that the Supreme Court of Pennsylvania issued today in a case captioned Commonwealth v. Hart.

The decision also included a concurring opinion and an opinion concurring in part and dissenting in part.
Posted at 10:09 PM by Howard Bashman



"Court rules mass murderer Banks will not be executed": The Times-Tribune of Scranton, Pennsylvania has this news update.

And The Associated Press has a report headlined "Pa. high court: Killer not competent for execution."

You can access today's ruling of the Supreme Court of Pennsylvania at this link.
Posted at 09:56 PM by Howard Bashman



"How one music downloader's battle could change copyright law": Reuters has a report that begins, "In the age of iTunes and an-app-for-everything, Joel Tenenbaum's battle with the music industry over illegal downloading seems as relevant as an eight-track cassette. But it turns out the fight could produce something surprisingly enduring: a change in copyright law."
Posted at 04:55 PM by Howard Bashman


"Pentagon announces war crimes capital case; The Pentagon moved forward with a death penalty case in an al Qaeda attack on a U.S. Navy warship and did it by unveiling a new military commissions website": Carol Rosenberg of The Miami Herald has this news update.
Posted at 04:53 PM by Howard Bashman


"Administration Asks Justices to Rule Quickly on Health Law": Adam Liptak of The New York Times has this news update.

Greg Stohr of Bloomberg News reports that "Obama Lawyers Appeal to U.S. High Court for Ruling on Health-Care Overhaul."

And at "SCOTUSblog," Lyle Denniston has a post titled "U.S. appeals on health care." You can access the federal government's petition for writ of certiorari at this link.
Posted at 04:48 PM by Howard Bashman



"Justice Dept wants speedy health care ruling": Mark Sherman of The Associated Press has this updated report.
Posted at 04:13 PM by Howard Bashman


"Considering the Role of Judges Under the Constitution of the United States": The U.S. Senate's Judiciary Committee has scheduled this hearing for next Wednesday afternoon. Scheduled to participate as witnesses are Justices Antonin Scalia and Stephen G. Breyer. A "webcast" button already appears on the hearing's web page, indicating that the hearing should be available to be viewed live online.
Posted at 03:14 PM by Howard Bashman


"26 states appeal health care law to Supreme Court": Mark Sherman of The Associated Press has this report.
Posted at 03:08 PM by Howard Bashman


"Judge: Righthaven lacked standing, abused Copyright Act." Vegas Inc has this report.

The Las Vegas Sun has posted yesterday's ruling of the U.S. District Court for the District of Colorado at this link.
Posted at 01:55 PM by Howard Bashman



"Broad challenges to health law": Lyle Denniston has this post at "SCOTUSblog."

And at the "aca litigation blog," Brad Joondeph has posts titled "States file cert petition in Florida v. HHS" and "Non-state plaintiffs file petition for certiorari in Florida v. HHS."
Posted at 01:38 PM by Howard Bashman



"Court Rules Young Students Have Religious-Speech Rights": Mark Walsh has this post at the "School Law" blog of Education Week.

My earlier coverage of yesterday's en banc Fifth Circuit ruling appears here and here.
Posted at 11:30 AM by Howard Bashman



"Cheshire Trial Evidence: Ropes, Scissors, Charred Beds And Carpets; Komisarjevsky jurors shown numerous photos of burned bedrooms and basement, stolen belongings." This article appears today in The Hartford Courant.

And The New Haven Register reports today that "Komisarjevsky jurors see photos of Petit girls' burned bedrooms, other evidence."
Posted at 11:26 AM by Howard Bashman



"9th Circuit panel backs law against medal fraud": David L. Hudson Jr. has this news analysis online at the First Amendment Center.

My earlier coverage of Monday's Ninth Circuit ruling appears at this link.
Posted at 08:40 AM by Howard Bashman



"Prop. 8 lawsuit videos stay under wraps for now": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 08:32 AM by Howard Bashman


"Campaign-finance law argued before Colorado Supreme Court": This article appears today in The Denver Post.
Posted at 08:30 AM by Howard Bashman


"'Sleeper' Case Asks Whether Plaintiffs Can Sue Without An Injury": Daniel Fisher has this blog post at Forbes.com.
Posted at 08:27 AM by Howard Bashman


"Obama's Health-Care Law Has Legal Support, Retired Justice Stevens Says": Greg Stohr of Bloomberg News has this report.
Posted at 08:24 AM by Howard Bashman


"William Jefferson office raid may get U.S. Supreme Court review": Bruce Alpert has this article today in The Times-Picayune of New Orleans.
Posted at 08:15 AM by Howard Bashman


"Church Puts Faith in Court": Today's edition of The Wall Street Journal contains an article that begins, "A New York City church is asking the U.S. Supreme Court to assert its right to hold religious services in public schools."
Posted at 08:14 AM by Howard Bashman


"Principals immune from damages in candy cane suit": The Associated Press has this report.

My earlier coverage of yesterday's en banc Fifth Circuit ruling appears at this link.
Posted at 08:02 AM by Howard Bashman



"Business group files high court health care appeal": Mark Sherman of The Associated Press has a report that begins, "A small-business group opposed to the health care overhaul is asking the Supreme Court to strike down the entire law, not just the core requirement to buy health insurance or pay a penalty."

And online at The Huffington Post, Mike Sacks reports that "Supreme Court Agrees To Hear Eight New Cases."
Posted at 07:54 AM by Howard Bashman



"Supreme Court to decide deportation issue; The case concerns whether federal officials should avoid deporting illegal immigrants who came to the U.S. as minors and whose parents are lawful residents": David G. Savage has this article today in The Los Angeles Times.
Posted at 07:52 AM by Howard Bashman


Tuesday, September 27, 2011

"Unappealing: The Supreme Court is less interested in ruling on Obama's health care law than you think." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:18 PM by Howard Bashman


"Justices Will Hear Appeals on Immigrants' Residence": Adam Liptak will have this article Wednesday in The New York Times.
Posted at 10:12 PM by Howard Bashman


"Oral Argument in the DC Circuit Mandate Case": Randy Barnett has this post at "The Volokh Conspiracy."

And at "ACSblog," Simon Lazarus has a post titled "In Under-Reported D.C. Circuit Oral Argument, Prominent Republican Judges Suggest Novel Arguments for Upholding Health Care Law's Individual Mandate."
Posted at 07:50 PM by Howard Bashman



"Court puts gay marriage trial videos back on hold": The Associated Press has a report that begins, "A federal appeals court has put the brakes on unsealing video recordings of last year's trial on the constitutionality of California's same-sex marriage ban."

You can access yesterday's order of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 07:44 PM by Howard Bashman



En banc Fifth Circuit rules that the First Amendment prohibits religious viewpoint discrimination at the elementary school level but that the school officials being sued are entitled to qualified immunity: The en banc U.S. Court of Appeals for the Fifth Circuit issued its ruling today in Morgan v. Swanson, which is perhaps better known as the "legend of the candy cane" case.

The en banc court's decision totals 100 pages and consists of eight separate opinions.

The final section of Circuit Judge Jennifer Walker Elrod's opinion, which constitutes the majority opinion on the issue of whether the First Amendment prohibits religious viewpoint discrimination at the elementary school level and a dissenting opinion on the issue of qualified immunity, begins:

Imagine the United States of America where the First Amendment protects a minor's right to play violent video games, a person's right to hatefully protest the funerals of our heroic men and women in the miliary, and the right to possess portrayals depicting animal cruelty, such as videos of people crushing kittens with their shoes, but does not protect a child's right to share a pencil with another child at school merely because the pencil says the word "Jesus."
My earlier coverage of this case appears at this link.
Posted at 07:30 PM by Howard Bashman


"5th Circ. says class action money must go to class, not charity": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.

You can access yesterday's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 07:12 PM by Howard Bashman



"Class photo of new Supreme Court": The Associated Press has posted online this video (via The Washington Post) from last year.

And online at The Atlantic, Andrew Cohen has an essay entitled "Supreme Court Preview: The Roberts Legacy Term?"
Posted at 06:17 PM by Howard Bashman



"Supreme Court to hear deportation case": Michael Doyle of McClatchy Newspapers has this report.
Posted at 06:08 PM by Howard Bashman


"Towards a Better Measure and Understanding Of U.S. Supreme Court Review of Courts of Appeals Decisions": Attorneys John S. Summers and Michael J. Newman of Hangley Aronchick Segal Pudlin & Schiller have this article in today's issue of The United States Law Week. Additional information about that law firm's "Supreme Court Project" can be accessed here.
Posted at 02:26 PM by Howard Bashman


"As Federal Crime List Grows, Threshold of Guilt Declines": Gary Fields and John R. Emshwiller have this article today in The Wall Street Journal.
Posted at 01:25 PM by Howard Bashman


"Supreme Court Will Rule on Immunity for Outside Counsel": Tony Mauro has this post at "The BLT: The Blog of Legal Times."

And at "SCOTUSblog," Lyle Denniston has a post titled "New cases taken -- and not."
Posted at 01:23 PM by Howard Bashman



"Tax-Shelter Dispute Will Get Top Court Hearing": Greg Stohr of Bloomberg News has this report.
Posted at 11:45 AM by Howard Bashman


"Senators Reach Deal on 10 Judicial Nominees": David Ingram has this post at "The BLT: The Blog of Legal Times."
Posted at 11:44 AM by Howard Bashman


"Lee residents prepare to battle Big Tobacco; First of about 150 plaintiffs heads to court": This article appears today in The News-Press of Fort Myers, Florida.
Posted at 11:09 AM by Howard Bashman


The Associated Press is reporting: In coverage of today's U.S. Supreme Court order list, The AP has reports headlined "High court to decide lawyer immunity question" and "Court to review rules for some deportations."
Posted at 11:02 AM by Howard Bashman


"Justice John Paul Stevens Talks Death Penalty, Citizens United, New Memoir": Mike Sacks has this report at The Huffington Post.
Posted at 10:05 AM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: At this link. The Court today granted review in seven new cases.
Posted at 09:52 AM by Howard Bashman


"Obama Lawyers Signal Likely Supreme Court Appeal on Health Care": Greg Stohr and Laura Litvan of Bloomberg News have this report.
Posted at 09:23 AM by Howard Bashman


"Jury hears autopsy details: Doctor describes Hayley Petit's injuries, death." This article appears today in The New Haven Register.

And today's edition of The Hartford Courant contains an article headlined "Komisarjevsky Trial: Hayley Petit's Autopsy; Medical Examiner Noted Burned Ropes On Wrist And Ankles, Clothes Smelled Of Gas."
Posted at 09:20 AM by Howard Bashman



"Troy Davis execution fuels eyewitness ID debate": The Associated Press has this report.
Posted at 09:14 AM by Howard Bashman


Monday, September 26, 2011

"Decision on health-care law means Supreme Court will likely determine constitutionality next summer": Robert Barnes of The Washington Post has this news update.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court could rule on healthcare law early next year."

The Washington Times has a news update headlined "Government won't seek appeal on health care ruling."

Greg Stohr and Seth Stern of Bloomberg News report that "Obama Won't Seek New Appeals Court Hearing on Health Care."

Ariane de Vogue of ABC News has a blog post titled "DOJ Speeds Path of Health Law to Supreme Court."

And at "SCOTUSblog," Lyle Denniston has a post titled "Key health case moves on faster track."
Posted at 08:10 PM by Howard Bashman



"Obama healthcare law headed for Supreme Court": James Vicini of Reuters has this report.
Posted at 06:25 PM by Howard Bashman


"Top Bush Lawyers Will Face Off in Supreme Court Over Mont. Riverbed Case": Lawrence Hurley of Greenwire has this report (via The New York Times).
Posted at 04:46 PM by Howard Bashman


In today's mail: I received a copy of "Five Chiefs: A Supreme Court Memoir" by retired Justice John Paul Stevens. The book is scheduled to go on sale on Monday, October 3, 2011.

Last Thursday, Justice Stevens delivered the inaugural Stevens Lecture at in the Wittemyer Courtoom of the University of Colorado Law School. You can view the lecture online, on demand via this link.
Posted at 03:33 PM by Howard Bashman



"Ninth Circuit denies appeal of Las Vegas man who lied about being awarded a Purple Heart": The Las Vegas Sun has a news update that begins, "A federal appeals court has rejected the appeal of a Las Vegas man convicted of wearing a Purple Heart and collecting $180,000 in disability benefits even though he was never wounded in military service."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 03:18 PM by Howard Bashman



In the October 2011 issue of ABA Journal magazine: Richard Brust has an article headlined "Chutzpah: Yiddish Term Makes a Showing at the Supreme Court."

And Mark Walsh has an article headlined "Lawyers on the Docket: Court Term Kicks Off with a Look at Legal Representation."
Posted at 03:00 PM by Howard Bashman



"Welcome to the new SCOTUSblog": Tom Goldstein has this post at "SCOTUSblog," announcing, among other things, that Bloomberg Law is now the exclusive sponsor of that blog.

Bloomberg Law has also posted two video interviews with Tom, "SCOTUSblog's Goldstein on High Court's Upcoming Business Cases" and "Goldstein Discusses SCOTUSblog, Exclusive Sponsorship."
Posted at 10:50 AM by Howard Bashman



"Race in admissions: maintaining a vibrant, diverse student body." Zoya Waliany has this op-ed today in The Daily Texan.
Posted at 10:27 AM by Howard Bashman


"Ohio judges would get longer life from Issue 1; Proposal would let them seek election up to age 75": This article appears today in The Cincinnati Enquirer.
Posted at 10:05 AM by Howard Bashman


"States debate judicial elections versus appointed bench": Reuters has a report that begins, "Several states that appoint judges are considering a switch to an elected bench, despite growing criticism from judges about the influence of money in judicial elections. One of the most active is Tennessee, where conservative legislators believe that appointed judges are out of touch with the electorate and unaccountable to voters."
Posted at 09:55 AM by Howard Bashman


Sunday, September 25, 2011

"IRS, U.S. Banks at Odds Over $1 Billion in Tax Credits from Barclays Deals" An article to be published in Monday's edition of Financial Times -- written by Vanessa Houlder and Megan Murphy of Financial Times and Jeff Gerth of ProPublica -- begins, "Judge Patrick Schiltz is an educated man. He earned his degree from Harvard Law School, won a coveted clerkship for US Supreme Court Justice Antonin Scalia, and served as a law professor for more than a decade before joining the bench as a federal judge in Minnesota in 2006."

Two related articles also being published Monday are headlined "Government Claims AIG 'Gamed the Tax System'" and "US tax authorities target bank deals."
Posted at 11:11 PM by Howard Bashman



"A Campaign Finance Ruling Turned to Labor's Advantage": In Monday's edition of The New York Times, Steven Greenhouse will have an article that begins, "Labor unions are seizing on last year's landmark Supreme Court campaign finance ruling to change how they engage in politics, developing ambitious plans to influence nonunion households in the 2012 election and counter corporate money flowing into outside conservative groups."
Posted at 11:04 PM by Howard Bashman


"Debate over GPS devices on suspects' cars spurs 'Big Brother' concerns": This article will appear Monday in The Contra Costa Times.
Posted at 10:57 PM by Howard Bashman


Robert Barnes of The Washington Post is reporting: In Monday's newspaper, he will have articles headlined "Verdict on Kagan's first year on Supreme Court" and "Same-sex marriage cases wind their way to Supreme Court as political climate changes."
Posted at 10:52 PM by Howard Bashman


"Fighting Constitution Center workers missed domestic tranquility": The Philadelphia Inquirer has a news update that begins, "Police are looking for a man who stabbed a co-worker early Sunday morning at the National Constitution Center."
Posted at 04:07 PM by Howard Bashman


"Flirting with justice: Thirty years ago, Sandra Day O'Connor made history by becoming the first female justice on the Supreme Court -- and opened doors for wise women everywhere." Meg Waite Clayton has this op-ed today in The Los Angeles Times.
Posted at 10:05 AM by Howard Bashman


"'Most important' religious freedom case": Today's edition of The Deseret News contains an article that begins, "There was a time when Cheryl Perich may have wanted to emphasize she was a minister. But that was before her case worked its way up to the Supreme Court this March."
Posted at 09:57 AM by Howard Bashman


"Obama administration must make risky healthcare decision; White House lawyers could try to speed up or slow down the process of seeking to have the Supreme Court decide on the constitutionality of the president's healthcare law": David G. Savage has this article today in The Los Angeles Times.
Posted at 09:52 AM by Howard Bashman


"A Pennsylvania attorney prepares to take his case to the Supreme Court": Today's edition of The York Sunday News contains an article that begins, "Paul Rossi researched the individual health care mandate long before President Barack Obama signed it into law."
Posted at 09:50 AM by Howard Bashman


"Supreme Court Justice Alito in Va. for Regent University Law School private event": The Associated Press has this report.
Posted at 09:42 AM by Howard Bashman


"Under the U.S. Supreme Court: Is class action on its last shaky legs?" Michael Kirkland of UPI has this report.
Posted at 09:38 AM by Howard Bashman


Saturday, September 24, 2011

"Supreme Court Justice Scalia speaks at Duquesne U.; Cites importance of moral background in law": The Pittsburgh Post-Gazette has this news update.

And The Pittsburgh Tribune-Review has a news update headlined "Scalia: Duquesne should strive to retain Catholic identity."
Posted at 07:16 PM by Howard Bashman



"A rare look at the inner-workings of the Supreme Court of Canada": Kirk Makin has this very interesting article today in The Toronto Globe and Mail.

The newspaper has also posted online a related transcript headlined "Justice Ian Binnie's exit interview."
Posted at 01:54 PM by Howard Bashman



"Supreme Court clerk William Suter shares wit, wisdom at Texas Tech; Texas Tech law students Friday had the rare opportunity to soak up the wit and wisdom of a U.S. Supreme Court insider during a lunchtime lecture": The Lubbock Avalanche-Journal contains this article today.
Posted at 01:48 PM by Howard Bashman


"Pamela Ann Rymer dies at 70; judge on U.S. 9th Circuit Court of Appeals; Pamela Ann Rymer, who filled the seat vacated by Judge Anthony Kennedy after he was named to the U.S. Supreme Court, was highly respected for her sharp legal mind, productivity and dedication": This obituary appears today in The Los Angeles Times.
Posted at 01:45 PM by Howard Bashman


Friday, September 23, 2011

"Obama Health-Care Law Gets Mixed Reaction From Appeals Court": Bloomberg News has this report.

And Ariane de Vogue of ABC News has a blog post titled "Appeals Court Judges Skeptical of Health Care Law's Defense."
Posted at 09:05 PM by Howard Bashman



"Amazon Wins Appeals Court Ruling in Cordance Patent Fight": Bloomberg News has this report.

And Reuters reports that "Amazon wins 'one-click' purchasing patent appeal."

You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 04:55 PM by Howard Bashman



"5th Circuit Chief Judge Edith Jones says Judge James Dennis accepted her apology after heated 'shut up' exchange": John Council has this post at the "Tex Parte Blog" of Texas Lawyer.
Posted at 04:52 PM by Howard Bashman


"U.S. Use of Secret Information to Target Islamic Group Upheld by Court": Bloomberg News has a report that begins, "The U.S. Treasury Department's use of classified information to designate a now defunct Oregon Islamic charity as a terrorist organization was upheld by a federal appeals court in San Francisco."

And Politico.com reports that "Islamic charity wins wiretapping suit."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 04:46 PM by Howard Bashman



"Federal Appeals Court Scrutinizes Health Care Law": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 03:00 PM by Howard Bashman


"Judges Compete for Law Clerks on a Lawless Terrain": Saturday's edition of The New York Times will contain an article that begins, "Federal judges are entrusted with interpreting and applying rules fairly and consistently. Except, it seems, when it comes to hiring their own staff."
Posted at 02:08 PM by Howard Bashman


"Carl Lewis quits NJ Senate race after court ruling": The Associated Press has a report that begins, "Nine-time Olympic gold medalist Carl Lewis quit the race for New Jersey state Senate on Friday, a day after a federal appeals panel removed him from the ballot because he didn't meet a four-year residency requirement."

Update: The Newark Star-Ledger has a news update headlined "Carl Lewis gives up fight to run for N.J. state Senate."
Posted at 12:20 PM by Howard Bashman



"Appeals court hears challenge to health care law": The Associated Press has this report.
Posted at 12:08 PM by Howard Bashman


"Supreme Court clerk William Suter to speak Friday in Lubbock": The Lubbock Avalanche-Journal contains this article today.
Posted at 08:20 AM by Howard Bashman


"DOJ faces decision on next health lawsuit steps": Politico.com has this report.
Posted at 08:17 AM by Howard Bashman


"Komisarjevsky blames Hayes as first week of Cheshire triple slaying trial ends": This article appears today in The New Haven Register.

The Hartford Courant reports today that "Komisarjevsky Denies Role In Killings; In Taped Statement, Admits Sex Assault And Beating Of Father, But Says Hayes Solely Responsible For Deaths."

And The Associated Press has a report headlined "Conn. defendant: I never thought of untying girls."
Posted at 08:04 AM by Howard Bashman



"In Death-Penalty Debate, Execution Offers Little Closure": John Schwartz has this article today in The New York Times.
Posted at 07:58 AM by Howard Bashman


"9th Circuit appeals court Judge Pamela Rymer dies": The Associated Press has this report.
Posted at 07:48 AM by Howard Bashman


"President Obama Nominates Judge Jacqueline H. Nguyen to Serve on the United States Court of Appeals": Yesterday, the White House issued a news release that begins, "Today, President Obama nominated Judge Jacqueline H. Nguyen to the United States Court of Appeals for the Ninth Circuit."
Posted at 07:45 AM by Howard Bashman


Thursday, September 22, 2011

Circuit Judge Pamela Ann Rymer of the U.S. Court of Appeals for the Ninth Circuit died yesterday: The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has just issued a news release headlined "Ninth Circuit Court of Appeals Mourns Passing of Judge Pamela Ann Rymer."

The Ninth Circuit now has four vacancies, with a fifth scheduled to occur on January 1, 2012 when Circuit Judge Mary M. Schroeder plans to take senior status.
Posted at 02:54 PM by Howard Bashman



"Military, Police Drones May Lead to Supreme Court Ethics Fight": Gopal Ratnam of Bloomberg News has this report.
Posted at 02:22 PM by Howard Bashman


"SC's Justice Scalia says no to @CSPAN covering his 9/24 talk at Duquesne Law School & to cameras at ex-clerks panel too": C-SPAN has this Twitter post.
Posted at 02:20 PM by Howard Bashman


"Judges kick Carl Lewis off NJ state Senate ballot": The Associated Press has a report that begins, "A federal appeals panel took nine-time Olympic gold medalist Carl Lewis off a New Jersey state Senate ballot Thursday, finding he does not meet the state's four-year residency requirement after all."

And The Newark Star-Ledger has a news update headlined "Federal appeals court decides Carl Lewis will not be on ballot for N.J. Senate."

You can access today's unanimous per curiam opinion of a three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 11:26 AM by Howard Bashman



Access online U.S. Supreme Court Justice Stephen G. Breyer's interview from yesterday's broadcast of NPR's "On Point" with Tom Ashbrook: You can access the audio via this link.
Posted at 10:18 AM by Howard Bashman


"Court backs transit agency in '93 WTC bombing case": The Associated Press has a report that begins, "New York's top court has found the World Trade Center managers immune from negligence claims for failing to deter the 1993 parking garage bombing that killed six people and injured about 1,000."

You can access today's 4-to-3 ruling of the Court of Appeals of New York -- that State's highest court -- at this link.
Posted at 10:12 AM by Howard Bashman



"Oklahoma Supreme Court considers ban on personal information in court records; Oklahoma Supreme Court justices are asking for comments from media, prosecutors, judges and others": The Oklahoman contains this article today.
Posted at 08:32 AM by Howard Bashman


"UT Admissions case appealed to U.S. Supreme Court": This article appeared yesterday in The Daily Texan.
Posted at 08:30 AM by Howard Bashman


"Breaking News: The Civil War Is Over." Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 08:24 AM by Howard Bashman


"Judge Rejects Challenge to Voting Rights Law by County in Alabama": The New York Times contains this article today.

USA Today reports today that "Court upholds discrimination provision in voting act."

The Shelby County Reporter reports that "Federal judge dismisses Shelby County's challenge of Voting Rights Act."

The Birmingham News reports that "Federal judge rules against Shelby County; upholds the Voting Rights Act."

Howard Fischer of The Yuma Sun reports that "Ala. suit bad omen for Arizona Voting Rights Act lawsuit."

The Associated Press reports that "Judge tosses Ala. challenge to election monitoring."

And James Vicini of Reuters reports that "Judge upholds key part of voting rights law."
Posted at 08:20 AM by Howard Bashman



"Jurors in Cheshire home invasion trial see graphic photos of victims, hear Komisarjevsky's confession to police": This article appears today in The New Haven Register.

Today's edition of The Hartford Courant contains an article headlined "Rough Day In Komisarjevsky Trial; Judge cuts short taped statement referring to oral sex with 11-year-old victim, saying, 'One of the jurors is having a tough time.'"

The New York Times reports that "Lurid Confession, Delivered In Calm Tones, Shocks Court."

And The Associated Press reports that "Jurors hear confession in Conn. home invasion."
Posted at 08:04 AM by Howard Bashman



"Split Decision and Barbed Comments Show a Court Deeply Divided on Wiretapping": Eric Lichtblau has this article today in The New York Times.

My earlier coverage of yesterday's Second Circuit order appears here and here.
Posted at 07:56 AM by Howard Bashman



Wednesday, September 21, 2011

"Troy Davis executed": Bill Rankin of The Atlanta Journal-Constitution has this news update.

The Savannah Morning News has an update headlined "Troy Davis is dead."

And The Associated Press reports that "Ga. executes Davis; supporters claim injustice."
Posted at 11:22 PM by Howard Bashman



"High court refuses to block Troy Davis execution": The Associated Press has this report.

Via "SCOTUSblog," you can access tonight's order of the U.S. Supreme Court denying a stay at this link.
Posted at 10:26 PM by Howard Bashman



"U.S. court dismisses Iraq contractor torture cases": James Vicini of Reuters has this report.

And The Associated Press reports that "Appeals court in Va. tosses 2 Abu Ghraib lawsuits."

You can access here and here today's rulings of a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit. In addition, that same three-judge panel's ruling in a third somewhat related case can be accessed here.
Posted at 10:20 PM by Howard Bashman



"Judicial Diva Gone Wild? Chief Judge Jones Tells Judge Dennis to 'Shut Up.'" David Lat has this post at "Above the Law."
Posted at 10:10 PM by Howard Bashman


"'Flawed' new rape law roils military justice system": Michael Doyle and Marisa Taylor of McClatchy Newspapers have this report.
Posted at 06:22 PM by Howard Bashman


"Appeals court rules for Spain in shipwreck case": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 05:50 PM by Howard Bashman


"Appeals Court OKs Challenge to Warrantless Electronic Spying": David Kravets has this post at Wired.com's "Threat Level" blog.

And Reuters reports that "Appeals court denies rehearing of wiretap challenge."

My earlier coverage of today's Second Circuit order appears at this link.
Posted at 05:47 PM by Howard Bashman



"Judge Gertner retired from the judiciary on September 1, 2011, but concurred in the opinion prior to her retirement." So states the very first footnote of an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today.

Former Senior U.S. District Judge Nancy Gertner, sitting by designation, was part of the three-judge panel that heard oral argument in the case on May 9, 2011.
Posted at 01:35 PM by Howard Bashman



"U.S. Supreme Court Associate Justice Stephen Breyer on Making Our Democracy Work": The transcript of Hugh Hewitt's interview last week with Justice Stephen G. Breyer can be accessed at this link.
Posted at 01:25 PM by Howard Bashman


"The Court: A Talk with Judge Richard Posner." Eric J. Segall has this interview (subscription required) in the September 29, 2011 issue of The New York Review of Books.

At the "Ideas Market" blog at WSJ.com, Christopher Shea has a related post titled "The Last Honest Judicial Hearing?"
Posted at 01:23 PM by Howard Bashman



"Breaking News: Federal District Court, in 151-Page Opinion, Upholds Constitutionality of Section 5 of the Voting Rights Act." Rick Hasen has this post at his "Election Law Blog."

You can access today's ruling of the U.S. District Court for the District of Columbia at this link.
Posted at 11:02 AM by Howard Bashman



By a vote of 6-to-6, the U.S. Court of Appeals for the Second Circuit today denied rehearing en banc of a three-judge panel's decision that reinstated a suit challenging a law that lets the United States eavesdrop on overseas conversations: You can access today's order denying rehearing en banc, together with the opinions concurring and dissenting from that result, at this link.

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



"Justice's wife off state fed lawsuit; She was representing governments in filing against manager law": The Detroit News today contains an article that begins, "The Michigan Attorney General's Office has taken the wife of a Michigan Supreme Court justice off a federal lawsuit involving the state's tough new emergency manager law, a spokesman said Tuesday. The move was in response to a recent court filing in which lawyers challenging the law asked Justice Stephen Markman to recuse himself from a state court challenge to the law, spokesman John Sellek said."
Posted at 08:27 AM by Howard Bashman


"Supreme Court writer criticizes activist court": Today's edition of The Daily Orange of Syracuse University contains an article that begins, "Lyle Denniston, Syracuse University's Constitution Day speaker, asked the audience a question that introduced a new perspective of today's judicial system: Is the Supreme Court too active?"
Posted at 08:24 AM by Howard Bashman


"A $16 muffin? Justice Dept. audit finds 'wasteful' and extravagant spending." In today's edition of The Washington Post, Jerry Markon has an article that begins, "Where does a muffin cost more than $16? At a government conference, it turns out." You can access the report of the U.S. Department of Justice's Office of the Inspector General, Audit Division, at this link.
Posted at 07:45 AM by Howard Bashman


Tuesday, September 20, 2011

"Indiana court upholds ban on resisting police entry": The Indianapolis Star has a news update that begins, "The Indiana Supreme Court has upheld a controversial ruling about people's right to resist police entering their homes. However, in the 4-1 decision released today, the state's highest court provided more clarity on what its ruling is supposed to mean."

You can access today's ruling on rehearing of the Supreme Court of Indiana at this link.
Posted at 10:50 PM by Howard Bashman



"Post-repeal, feds move to end suit over 'don't ask, don't tell'": Josh Gerstein has this post today at his "Under the Radar" blog at Politico.com.

You can access at this link the "Suggestion of Mootness" that the federal government filed today in the U.S. Court of Appeals for the Ninth Circuit.
Posted at 10:20 PM by Howard Bashman



"Drew Peterson attorney criticized by federal appeals court for his work on another case; Lawyer filed 'unintelligible' papers on behalf of McHenry County landing strip, judges say": This article appears today in The Chicago Tribune.
Posted at 10:18 PM by Howard Bashman


"Dr. Petit takes the stand in Komisarjevsky triple slaying trial, recounts deadly home invasion": The New Haven Register has this news update.

The Hartford Courant has a news update headlined "Petit: 'More Nerve-Wracking' To Testify Second Time; Thinks Just One Attacker Did All The Talking."

And The Associated Press reports that "Survivor testifies again about Conn. home invasion."
Posted at 08:00 PM by Howard Bashman



"Somali pirates appeal conviction in US court": The Associated Press has this report.

And at his "walshslaw" blog, Kevin C. Walsh has a post titled "Report from today's oral argument in the U.S.S. Nicholas piracy case."
Posted at 07:45 PM by Howard Bashman



"Embryonic Stem-Cell Research Opponents Appeal Ruling That Allows Funding": Bloomberg News has this report.

And Reuters reports that "U.S. scientists appeal on embryonic stem cell funding."
Posted at 07:36 PM by Howard Bashman



Programming note: Additional posts will appear here later this afternoon or early this evening.
Posted at 09:24 AM by Howard Bashman


"Ga. board denies clemency for Troy Davis": The Savannah Morning News has this update.

And Bill Rankin of The Atlanta Journal-Constitution has a news update headlined "Parole board denies clemency for Troy Davis."
Posted at 09:17 AM by Howard Bashman



"First One @ One First Blogger is Now Reporting on the US Supreme Court for the Huffington Post": Martha Neil has this post today at the ABA Journal's "Law News Now" blog.
Posted at 09:15 AM by Howard Bashman


"Redondo Beach day laborer ordinance is ruled unconstitutional; U.S. 9th Circuit Court of Appeals ruling could affect other cities with similar laws; Redondo Beach considers whether to appeal": This article appears today in The Los Angeles Times.

My earlier coverage of last Friday's en banc Ninth Circuit ruling appears at this link.
Posted at 09:14 AM by Howard Bashman



Monday, September 19, 2011

"Copyright Troll's Assets Targeted for Seizure": At Wired.com's "Threat Level" blog, David Kravets has a post that begins, "The legal woes of Las Vegas-based copyright-trolling firm Righthaven continued Sunday when one of its creditors moved to seize its assets."
Posted at 08:50 PM by Howard Bashman


"Judge James R. Browning Marks 50 Years of Service": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has posted online this news release.
Posted at 08:37 PM by Howard Bashman


"Idaho Couple's Permit Fight Drags Wetlands Back to Supreme Court": Lawrence Hurley of Greenwire has this report (via The New York Times).
Posted at 06:20 PM by Howard Bashman


"U.S. Court of Appeals orders rehearing on Carl Lewis' eligibility to run for N.J. Senate": The Newark Star-Ledger has this news update.
Posted at 06:15 PM by Howard Bashman


"Appeals court gets Ark. schools desegregation case": The Associated Press has this report.
Posted at 05:45 PM by Howard Bashman


"Judge orders Prop. 8 trial video unsealed": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.

And The Associated Press reports that "Judge decides to release Prop. 8 trial recording."
Posted at 02:08 PM by Howard Bashman



"Court says Padilla terror sentence was too lenient": The Associated Press has a report that begins, "The 17-year prison sentence imposed on convicted terrorism plotter Jose Padilla is far too lenient for someone who trained to kill at an al-Qaida camp and also has a long, violent criminal history, a federal appeals court ruled Monday as it threw out the sentence."

And Bloomberg News reports that "Dirty-Bomb Planner Padilla Should Get More Than 17-Year Term, Court Rules."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 02:00 PM by Howard Bashman



"A Blockbuster Case Yields an Unexpected Result": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 11:16 AM by Howard Bashman


"Apology Adds An Epilogue To Kelo Case; Supreme Court Justice's Startling Apology Adds Human Context To Tough Ruling": Jeff Benedict had this op-ed yesterday in The Hartford Courant.
Posted at 10:36 AM by Howard Bashman


"The University of Texas and Racial Preferences: The Supreme Court could consider an affirmative-action case." Hans A. von Spakovsky has this essay today at National Review Online.
Posted at 08:02 AM by Howard Bashman


"Court sets aside class-action suit by Costco women": Bob Egelko has this article today in The San Francisco Chronicle.

Saturday's edition of The Wall Street Journal reported that "Costco Wins Appeal in Gender-Bias Suit."

Bloomberg News reports that "Costco Workers' Group Case Blocked After Wal-Mart Ruling."

And Reuters reports that "No class action for now in Costco gender bias case; 9th Circuit reverses class-action, cites Wal-Mart case; Court leaves open possibility for recertification; Women plaintiffs, Costco each claim victory."

You can access last Friday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 07:58 AM by Howard Bashman



"Reversal of lifetime alimony will shape divorce awards; Judge says lifetime award inappropriate for wife earning $72K": This article appeared yesterday in The Tennessean.

My earlier coverage of last week's Supreme Court of Tennessee ruling appears at this link.
Posted at 07:54 AM by Howard Bashman



Sunday, September 18, 2011

"Little Rock desegregation plans go back to court": The Associated Press has this report.
Posted at 10:15 PM by Howard Bashman


"Second trial in Cheshire triple-slaying shaping up to be more intense than first": This article appears today in The New Haven Register.

Monday's edition of The Hartford Courant will contain an article headlined "Komisarjevsky Trial Starts Monday; Facing Death Penalty In Cheshire Home Invasion Case." Today's newspaper, meanwhile, contains an article headlined "Komisarjevsky Prosecutor's Tactics Called 'Measured,' 'Methodical'; New Haven State's Attorney Dearington Has Reputation Of Going By The Book, Whatever The Case."

And The Associated Press reports that "Trial to start in home invasion that shook Conn."
Posted at 10:12 PM by Howard Bashman



"Under the U.S. Supreme Court: Your cellphone may be telling on you." Michael Kirkland of UPI has this report.
Posted at 12:36 PM by Howard Bashman


Saturday, September 17, 2011

"Court denies Rubashkin new trial; Convicted Agriprocessors executive didn't prove judge needed to recuse herself, justices say": This article appears today in The Des Moines Register.

You can access yesterday's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 02:08 PM by Howard Bashman



"Recusal sought in EM law fight; Lawyers: Wife's role in parallel suit gives jurist conflict in case." Today's edition of The Detroit News contains an article that begins, "Lawyers fighting Michigan's emergency manager law want a Michigan Supreme Court justice to recuse himself because his wife represents the government in a separate lawsuit challenging the same law."
Posted at 02:04 PM by Howard Bashman


"Texas Execution Stayed Based on Race Testimony": This article appears today in The New York Times, along with an editorial entitled "Stay of Execution."

The Los Angeles Times reports today that "Perry says he'll respect Supreme Court in Texas execution delay; Despite a reprieve over a racial issue, the Republican governor says he expects 'justice will be served.'"

And The Houston Chronicle reports that "Buck's reprieve angers slain victim's family; High court stayed execution for Houston killer."
Posted at 02:03 PM by Howard Bashman



"TN Supreme Court reverses alimony decision": Today's edition of The Tennessean contains an article that begins, "The Tennessee Supreme Court issued an opinion Friday reversing the Court of Appeals' decision to award lifetime and lump-sum alimony support to a divorced spouse in good health, with a well-paying job and who had received significant property assets in the divorce."

The Memphis Commercial Appeal reports today that "Tennessee Supreme Court reverses alimony decision; Tenn. woman's payments to end."

You can access yesterday's ruling of the Supreme Court of Tennessee at this link. In addition, the court issued a news release headlined "Supreme Court Reverses Decision to Award Alimony in Gonsewski Case."
Posted at 01:54 PM by Howard Bashman



"Electing judges undermines trust in the judiciary": The Philadelphia Inquirer contains this editorial today.
Posted at 01:44 PM by Howard Bashman


"O'Connor helps Philadelphia celebrate Constitution's 224th anniversary": This article appears today in The Philadelphia Inquirer.

Today's edition of The Philadelphia Daily News contains an article headlined "A day to celebrate the Constitution."

And in The New York Times, law professor Kent Greenfield has an op-ed entitled "Happy Illegal Holiday!"
Posted at 01:22 PM by Howard Bashman



Friday, September 16, 2011

"Federal appeals court strikes down Redondo Beach's ban on day laborers": The Associated Press has a report that begins, "A divided federal appeals court Friday struck down a Southern California city's ban on day laborers who stand on public sidewalks soliciting work from motorists."

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

Although the en banc panel's vote was 9-to-2 in favor of the result reached, Chief Judge Alex Kozinski, joined by Circuit Judge Carlos T. Bea, issued an opinion "in deep dissent." Therein, Chief Judge Kozinski writes that "The majority is demonstrably, egregiously, recklessly wrong. If I could dissent twice, I would."
Posted at 08:42 PM by Howard Bashman



"Song Download Damages Award Improperly Reduced, U.S. Appeals Court Says": Bloomberg News has a report that begins, "A judge improperly cut the damages assessed against a teenager who downloaded and redistributed thousands of songs from the Web without paying, a federal appeals court said."

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Appeals Court Reinstates $675,000 File Sharing Verdict."

You can access today's ruling of the U.S. Court of Appeals for the First Circuit in Sony BMG Music Entertainment v. Tenenbaum at this link.
Posted at 08:00 PM by Howard Bashman



"Majority of Supreme Court signals opposition to opening deliberations; Wisconsin justices still looking for ways to smooth tensions": This article appears today in The Milwaukee Journal Sentinel.

And The Wisconsin State Journal reports today that "Justices decide against opening deliberations to public."
Posted at 07:46 PM by Howard Bashman



"Komisarjevsky Defense Motions Denied; Judge Rejects Efforts To Change Venue Among Others, Paving Way For Trial To Start Monday In New Haven": The Hartford Courant has this news update.

The New Haven Register has a news update headlined "Judge denies motion to move Komisarjevsky Cheshire triple slaying trial from New Haven to Stamford."

The Associated Press reports that "Judge denies limiting testimony in home invasion."

And today's edition of The New York Times contains a somewhat related article headlined "A Surplus of 'A Few Good Men.'"
Posted at 07:42 PM by Howard Bashman



"NYC appeals court puts Chevron lawyer on defensive": The Associated Press has a report that begins, "Judges on a federal appeals court put a lawyer for Chevron Inc. on the defensive Friday, expressing skepticism that a Manhattan judge can shield the company from an $18 billion judgment in Ecuador for contaminating the rainforest."

And Reuters reports that "U.S. court hears appeal on halted Ecuadorean damages award."
Posted at 07:36 PM by Howard Bashman



"Jury Acquits Blogger Of Threatening State Lawmakers, Inciting Violence": The Hartford Courant has this news update.

Bloomberg News reports that "'Shock Jock' Hal Turner Not Guilty of Threatening Connecticut Officials."

And The Associated Press reports that "NJ blogger acquitted of threats to Conn. officials."
Posted at 07:30 PM by Howard Bashman



"Sandra Day O'Connor honors Constitution in Philly": The Associated Press has this report.

And today in The Philadelphia Inquirer, retired Justice Sandra Day O'Connor has an op-ed entitled "Closing America's civic education deficit."
Posted at 01:35 PM by Howard Bashman



"Justice Ginsburg discusses equality, death penalty": Bob Egelko has this article today in The San Francisco Chronicle.

The Contra Costa Times reports today that "Gender equity movement defines career for Justice Ginsburg."

And The Associated Press reports that "Ginsburg makes SF talk day after plane emergency."
Posted at 01:33 PM by Howard Bashman



"Thomas says Supreme Court plays too large a role": This article appears today in The Lincoln Journal Star.
Posted at 01:25 PM by Howard Bashman


"New test of college affirmative action: A new appeal in a closely watched case on race-based affirmative action at the University of Texas reaches the Court, testing the scope of the Court's most recent ruling on the issue." Lyle Denniston has this post at "SCOTUSblog."
Posted at 01:12 PM by Howard Bashman


"The law and Justice Clarence Thomas: The Supreme Court justice's reporting of spousal income and his ties with a real estate developer who paid for some of Thomas' air travel raise disclosure questions." This editorial appears today in The Los Angeles Times.
Posted at 01:09 PM by Howard Bashman


"White House Weighs Limits of Terror Fight": Charlie Savage has this front page article today in The New York Times.
Posted at 11:25 AM by Howard Bashman


"Feds: reinstate conviction for threats to Obama." Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.
Posted at 11:20 AM by Howard Bashman


Thursday, September 15, 2011

"Komisarjevsky's Lawyers Seek To Limit Petit's Testimony; Defense Also Will Argue For Change of Venue And New Jury": The Hartford Courant has this news update.

And The New Haven Register has a news update headlined "Komisarjevsky lawyers seek to block Dr. Petit from testifying about his family."
Posted at 10:15 PM by Howard Bashman



"Blogger Hal Turner Won't Mount Defense, Testify In His Threatening Trial": The Hartford Courant has this news update.

And The Associated Press reports that "Both sides rest in blogger's Conn. threat case."
Posted at 10:12 PM by Howard Bashman



"Justice Stevens Extols Pro Bono Service, Criticizes Connick Ruling": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 08:40 PM by Howard Bashman


"Obamacare's Fate Rests With Poor Farmer Filburn": Daniel Fisher has this blog post at Forbes.com.
Posted at 08:37 PM by Howard Bashman


"Ill. high court to hear police torture arguments": The Associated Press has this report.
Posted at 11:25 AM by Howard Bashman


"Should Faking a Name on Facebook Be a Felony? Congress contemplates draconian punishment for Internet lies." Law professor Orin S. Kerr has this op-ed today in The Wall Street Journal.
Posted at 08:27 AM by Howard Bashman


"Court: Judge's marriage not a conflict in Jacobs case; The Supreme Court ruled ex-park police chief's sexual misconduct case can move forward." This article appears today in The Minneapolis Star Tribune.

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



"Pennsylvania's Defective Drug Design Laws Hang In The Balance": Maxwell S. Kennerly has this post at his "Litigation & Trial" blog.
Posted at 08:17 AM by Howard Bashman


Wednesday, September 14, 2011

"Tennessee lawyers want state Supreme Court to take a new look at whether one of its own was too biased to rule in a 2005 case": Abdon M. Pallasch of The Chicago Sun-Times has a news update that begins, "Some Tennessee lawyers, including former U.S. Sen. Fred Thompson, are asking the Supreme Court of Illinois to take a new look at whether one of its own was too biased to rule in a 2005 case that overturned a billion-dollar verdict against State Farm Insurance."

The Belleville News-Democrat has an update headlined "Lawyers accuse State Farm of hiding its 'extraordinary support' of Supreme Court Justice Lloyd Karmeier."

And The Associated Press reports that "Appeal questions Illinois justice's fairness."
Posted at 10:50 PM by Howard Bashman



"Feuding Mires Wisconsin Court": In today's edition of The Wall Street Journal, Nathan Koppel has an article that begins, "Justices on the Wisconsin Supreme Court, which began a new term last week, are taking steps to address some of the worst infighting in the court's history."
Posted at 10:30 PM by Howard Bashman


"Victorious Lawyer in Climate Case Still Critical of Plaintiffs' Strategy": Lawrence Hurley of Greenwire has an article (via The New York Times) that begins, "The top government lawyer who successfully argued a major climate case before the Supreme Court this year has criticized his erstwhile opponents for claiming states should be able to sue polluters over greenhouse gas emissions under federal common law."
Posted at 06:12 PM by Howard Bashman


"Judge Sparks' 'cute' orders criticized by appellate judge": This article appears today in The Austin American-Statesman.
Posted at 04:27 PM by Howard Bashman


"Copyright Troll Righthaven Says It's Nearing Bankruptcy": David Kravets had this post Monday at Wired.com's "Threat Level" blog.
Posted at 04:18 PM by Howard Bashman


"Plane carrying Justice Bader Ginsburg evacuated": The Associated Press has this report.
Posted at 02:30 PM by Howard Bashman


"How many days are in a year? The answer is more complicated than it may first appear." So begins an opinion that Circuit Judge Jay S. Bybee issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 02:10 PM by Howard Bashman


"How the Anti-Injunction Act could scuttle everything": Brad Joondeph has this post at the "aca litigation blog."
Posted at 01:14 PM by Howard Bashman


"Judge casts doubt on ACLU challenge to law forbidding audio recording of cops": Today's edition of The Chicago Sun-Times contains an article that begins, "A senior appeals court judge said Tuesday that if Illinois' eavesdropping law were expanded, gang bangers and 'snooping' reporters would run rampant, secretly recording conversations unchecked."
Posted at 01:12 PM by Howard Bashman


PACER fee to increase to ten cents per page: At his "Under the Radar" blog at Politico.com, Josh Gerstein has a post titled "Federal courts to hike records' fees 25%."
Posted at 01:05 PM by Howard Bashman


"Court To Expedite Appeal In $3.4B Class Action Settlement": At "The BLT: The Blog of Legal Times," Mike Scarcella has a post that begins, "The U.S. Court of Appeals for the D.C. Circuit has agreed to expedite a challenge to the $3.4 billion Native American class action settlement that a trial judge declared fair and reasonable."
Posted at 12:50 PM by Howard Bashman


Judge and jury: The Associated Press reports that "Supreme Court Judge Breyer joins architecture jury."
Posted at 11:09 AM by Howard Bashman


"Pennsylvania Considers Changes to Drug Products Liability Law": Amaris Elliott-Engel has this front page article today in The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

It turns out that the live broadcast feed of Pennsylvania Cable Network is available over the internet: simply click here and then click on the "Live Signal" button located directly below the image of a television screen. PCN is scheduled to re-broadcast yesterday's oral arguments beginning at 11 a.m. eastern time today. I argued the second and fifth cases; the oral argument in the first of the two cases that I argued yesterday should begin around 11:40 a.m. or soon thereafter.

At oral argument, I sought to emphasize the following three points:

First, comment (a) to Restatement (Second) of Torts 402A expressly sets forth the conclusion that the unavailability of a strict liability claim in any case does not preclude the plaintiff from pursuing a claim in negligence.

Second, whether or not a product qualifies as "defective" under 402A is an entirely distinct question from whether the product was negligently designed. Indeed, principles of negligence have no application to strict liability; strict liability focuses on the product and the consumer's expectations, while negligence focuses on the reasonableness of the defendant's conduct. Along those lines, simply because a prescription drug may be "unavoidably dangerous" does not mean that it cannot be more safely designed to avoid harms that are in fact avoidable.

And third, in even the two most favorable jurisdictions for Wyeth -- in California and Utah, where the highest courts of those states have categorically rejected strict liability design defect claims involving prescription drugs -- courts recognize that negligent design defect claims against prescription drug manufacturers may still be pursued. See Artiglio v. Superior Court, 27 Cal. Rptr. 2d 589, 591 (Cal. App. 1994) ("Liability for defective design could not be premised on strict liability, but would require proof of negligence"); Lake-Allen v. Johnson & Johnson L.P., 2009 WL 2252198, at *2-3 (D. Utah July 27, 2009) (refusing to dismiss negligent design defect claim, finding comment k "limited to strict liability"). Thus, Wyeth's central argument, that the unavailability of a strict liability claim thereby precludes a claim for negligent design defect, is simply incorrect.
Posted at 11:04 AM by Howard Bashman



"Pa. Supreme Court televises first arguments": The Pittsburgh Tribune-Review contains this article today.
Posted at 10:52 AM by Howard Bashman


"Judges asks why Oklahoma's law on Sharia applies to only one religion; 10th U.S. Circuit Court of Appeals takes up Oklahoma's voter-approved Sharia law case": This article appeared yesterday in The Oklahoman.
Posted at 08:14 AM by Howard Bashman


"Court backs district on teacher's religious banners": Bob Egelko has this article today in The San Francisco Chronicle.

The Los Angeles Times reports today that "Court says teacher has no right to banners referring to God; San Diego-area high school math instructor claimed his 1st Amendment rights were violated when the principal ordered him to take down banners he saw as celebrating America's religious heritage."

Greg Moran of The San Diego Union-Tribune has an article headlined "Federal court: Teacher can't refer to 'God' in classroom banners."

The North County Times reports that "Appeals court rules against teacher who posted banners containing 'God.'"

And Warren Richey of The Christian Science Monitor has an article headlined "'God Bless America'? Not in high school math class, US judges rule; A US appeals court in California says a public high school teacher has no constitutional right to display posters in his math class preaching his 'views on the role of God in our nation's history.'"

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:10 AM by Howard Bashman



"Justice Department: High court should overturn ruling against PPL Montana." This article appears today in The Missoulian of Missoula, Montana.
Posted at 07:50 AM by Howard Bashman


Tuesday, September 13, 2011

"Pa. Supreme Court in Phila. for video debut": Emilie Lounsberry of The Philadelphia Inquirer has this news update.
Posted at 10:37 PM by Howard Bashman


"Appeals Court Warms to EPA's Revised 'Hot Spot' Rule": Lawrence Hurley of Greenwire has this report (via The New York Times).
Posted at 10:20 PM by Howard Bashman


"Ninth Circuit Court of Appeals to Honor Memory of Senior Judge Thomas G. Nelson": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 08:20 PM by Howard Bashman


"Protect Our Right to Anonymity": In today's edition of The New York Times, law professor Jeffrey Rosen has an op-ed that begins, "In November, the Supreme Court will hear arguments in a case that could redefine the scope of privacy in an age of increasingly ubiquitous surveillance technologies like GPS devices and face-recognition software."
Posted at 08:10 PM by Howard Bashman


"The Unconstitutionality of Supreme Court Recusal Standards": Law professor Louis J. Virelli III has posted this article online at SSRN (via "Legal Theory Blog").
Posted at 08:04 PM by Howard Bashman


"N.J. federal appeals court panel puts Carl Lewis back on ballot for state Senate race": The Newark Star-Ledger has this news update.

And The Associated Press reports that "Carl Lewis back on ballot in NJ senate race."

You can access today's order of a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 05:42 PM by Howard Bashman



"It's a New Day for Openness in the Pa. Appellate Courts": Today's edition of The Legal Intelligencer -- Philadelphia's daily newspaper for lawyers -- contains this month's installment of my "Upon further Review" column.
Posted at 05:24 PM by Howard Bashman


"Supreme Court is asked about jails' blanket strip-search policies": Robert Barnes has this article today in The Washington Post.
Posted at 04:30 PM by Howard Bashman


"Obama increases number of female, minority judges": Jesse J. Holland of The Associated Press has a report that begins, "President Barack Obama is moving at a historic pace to try to diversify the nation's federal judiciary: Nearly three of every four people he has gotten confirmed to the federal bench are women or minorities. He is the first president who hasn't selected a majority of white males for lifetime judgeships."
Posted at 04:08 PM by Howard Bashman


"Conference Approves Standards & Procedures for Sealing Civil Cases": The Administrative Office of the U.S. Courts has just issued this news release.

The Associated Press has a report headlined "Judges: Too many civil cases kept secret."

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Judicial Conference Urges Restraint In Sealing Civil Cases."
Posted at 04:02 PM by Howard Bashman



Monday, September 12, 2011

Programming note: On Tuesday morning, I will be arguing two unrelated cases before the Supreme Court of Pennsylvania, which will he holding a special sitting at Old City Hall in Philadelphia. The location is noteworthy, among other reasons, because the U.S. Supreme Court once held its oral arguments there.

Tomorrow's oral arguments will also be noteworthy because they will be the first Pa. Supreme Court oral arguments that will be televised. Tomorrow's oral arguments will appear on the Pennsylvania Cable Network tomorrow night, as detailed here.

In news coverage, The Associated Press reports that "Pa high court to meet in historic chamber."

The briefs that I filed in the cases that I will be arguing tomorrow are available online via earlier posts that you can access here and here.

For those who contend that arguing two different cases on appeal in the same morning is no big deal, apparently Pennsylvania's state appellate court system would agree with you. I say that because the Superior Court of Pennsylvania scheduled for oral argument tomorrow morning a third case (background available here) in which I wrote the brief for appellee. Plaintiff's lead trial lawyer will be arguing that appeal on plaintiff's behalf.

Additional posts will appear here on Tuesday afternoon.

Update: I am pleased to report that both oral arguments went very well. Of course, if you receive Pennsylvania Cable Network. you can tune in beginning at 7 p.m. eastern time this (Tuesday) evening to see for yourself.
Posted at 10:24 PM by Howard Bashman



"State Supreme Court dispute may be tough to decide": The Wisconsin State Journal has an article that begins, "Although a special prosecutor decided not to bring criminal charges in the June 13 altercation between two state Supreme Court justices, a disciplinary panel continues to investigate."

And Adam Cohen of Time magazine has an essay entitled "Justice on Display: Should Judges Deliberate in Public?"
Posted at 10:15 PM by Howard Bashman



"Justice O'Connor says public lacks understanding of judiciary": The Gainesville Sun has this news update.
Posted at 10:14 PM by Howard Bashman


"Anita Hill to speak out on 20th anniversary of hearings": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.
Posted at 10:12 PM by Howard Bashman


"Ruling: Recalculate court costs for cheerleader." The Associated Press has a report that begins, "An appeals court on Monday ordered a lower court to recalculate how much a former Texas high school cheerleader should pay in legal fees to the school district that punished for refusing to root for an athlete she said raped her."

You can access today's non-precedential ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 09:28 PM by Howard Bashman



"5th Circuit Chief Judge Takes U.S. District Judge Sam Sparks to Task in an Email": John Council of Texas Lawyer has this report.
Posted at 04:56 PM by Howard Bashman


"Are judicial nomination battles damaging our democracy?" Former Third Circuit Judge Timothy K. Lewis has this post online at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:33 AM by Howard Bashman


"Retired Justice David H. Souter, 'the luckiest guy,' returns to his books": Robert Barnes has this article today in The Washington Post.
Posted at 10:05 AM by Howard Bashman


"Sen. Tom Coburn blocked attempt to fill federal appeals court vacancy, Oklahoma attorneys say; The Democratic White House is struggling to find federal nominees that satisfy Oklahoma's conservative senators": This article appears today in The Oklahoman.
Posted at 09:32 AM by Howard Bashman


Sunday, September 11, 2011

"On 9/11: Boumediene defense goes on." Lyle Denniston has this post at "SCOTUSblog."
Posted at 01:02 PM by Howard Bashman


"How 9/11 Completely Changed Surveillance in U.S." Ryan Singel has this post today at Wired.com's "Threat Level" blog.
Posted at 12:54 PM by Howard Bashman


"Manhattan Court Staff Recalls Life After Bodies Fell From Sky on Sept. 11": Bloomberg News has this report.
Posted at 12:50 PM by Howard Bashman


"Under the U.S. Supreme Court: Can U.S. law punish a theft of honor?" Michael Kirkland of UPI has this report.
Posted at 09:24 AM by Howard Bashman


Saturday, September 10, 2011

"Court Case Asks if 'Big Brother' Is Spelled GPS": Adam Liptak will have this article Sunday in The New York Times.
Posted at 10:30 PM by Howard Bashman


Friday, September 9, 2011

"Federal court upholds Wisconsin graduations in church": The Associated Press has this report.

My earlier coverage of today's Seventh Circuit ruling appears at this link.
Posted at 10:24 PM by Howard Bashman



"Appeals court to review repeal of Michigan's affirmative action ban": The Detroit Free Press has a news update that begins, "A federal appeals court has agreed to reconsider its July ruling that struck down the state ban on racial preferences in public education, state Attorney General Bill Schuette announced Friday afternoon."

And The Associated Press reports that "Court to look at Mich. affirmative action ban."
Posted at 10:14 PM by Howard Bashman



"Okla. anti-Shariah amendment heads to appeals court": Religion News Service has this report (via The Washington Post).
Posted at 03:44 PM by Howard Bashman


Majority on divided three-judge Seventh Circuit panel rules that public school district's practice of holding high school graduation ceremonies and related events at a Christian church rented for the occasion does not violate the Establishment Clause: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 03:32 PM by Howard Bashman


"President Obama Nominates Stephanie Dawn Thacker to Serve on US Circuit Court of Appeals": Yesterday, The White House issued a news release that begins, "Today, President Obama nominated Stephanie Dawn Thacker to serve on the United States Court of Appeals for the Fourth Circuit."

The West Virginia Record reports that "Thacker officially nominated by Obama."

The State Journal reports that "Charleston Lawyer Nominated to Serve on 4th Circuit Court of Appeals."

West Virginia MetroNews reports that "Charleston Attorney Nominated for Federal Judgeship."

And The Associated Press reports that "W.Va. lawyer nominated to federal appeals court."
Posted at 02:44 PM by Howard Bashman



"Virginia court rejects two challenges to Obama's healthcare law; The appeals court says the dispute over whether the government can require Americans to buy medical insurance should be delayed until the first taxpayers have to pay the penalty for not buying coverage": David G. Savage has this article today in The Los Angeles Times.

The Washington Post reports today that "Virginia AG Ken Cuccinelli's health-care lawsuit dismissed by 4th Circuit."

The Wall Street Journal reports that "Court Upholds Health Law."

The Washington Times reports that "Court dismisses Virginia challenge to Obama health reform."

Jim Nolan of The Richmond Times-Dispatch reports that "Judges dismiss Virginia's challenge to health-care law."

The Virginian-Pilot reports that "Appeals court dismisses Va. suits on health care act."

The Roanoke Times reports that "3 judges side with Obama rather than Virginia in health care decision; The appeals panel said Virginia has no standing to sue over the new federal health care law."

The Free Lance-Star of Fredericksburg, Virginia reports that "Appeals court turns down Virginia's health care lawsuits."

And Greg Stohr of Bloomberg News reports that "Health-Care Ruling May Delay Final Answer From U.S. High Court."
Posted at 07:58 AM by Howard Bashman



"Are our justices bought and paid for?" Today in The Chicago Tribune, Bert Brandenburg has an op-ed that begins, "These days, the Wisconsin Supreme Court is looking a lot like Congress: fractious, dysfunctional and awash in special-interest cash. The Wisconsin story has important implications for courts in the Midwest and around the country."
Posted at 07:50 AM by Howard Bashman


"Granting personhood to fetuses will be on Miss. ballot": This article appears today in The Washington Times.

The Clarion-Ledger of Jackson, Mississippi reports today that "Initiatives OK'd for Nov. election; Court paves the way for future challenges."

And The Associated Press reports that "State Supreme Court OKs eminent domain, personhood ballot initiatives."
Posted at 07:48 AM by Howard Bashman



Thursday, September 8, 2011

Three-judge Ninth Circuit panel issues unpublished opinion because "[t]he panel finds that a published opinion might cast unjust aspersions upon those not before the court": A longtime reader emails:
Here's something I haven't seen before. The Ninth Circuit today overturned a manslaughter conviction, 2-1, in an unpublished decision, stating that a published opinion "might cast unjust aspersions on parties not before the court." Putting aside the significance of the case, which is described in the article linked below, I've never seen that rationale cited before as a basis for not publishing a decision, and a quick Westlaw search revealed no other cases justifying an unpublished decision on like grounds. And the panel must know that an unpublished decision is going to be available on Lexis and Westlaw, and also will be published in the Federal Appendix.
The article to which the email refers is a news update written by Greg Moran of The San Diego Union-Tribune headlined "Appeals court rules for new trial in Stephanie Crowe killing."

You can access today's non-precedential ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:55 PM by Howard Bashman



"Democrats Seek to Impose Tougher Supreme Court Ethics": Eric Lichtblau has this post at "The Caucus" blog of The New York Times.
Posted at 08:27 PM by Howard Bashman


"Obama Admin Sides With Power Company in Mont. Riverbed Fight": Lawrence Hurley of Greenwire has this report (via The New York Times).
Posted at 04:42 PM by Howard Bashman


"Supreme Court justice joins faculty": Today's edition of The GW Hatchet contains an article that begins, "Supreme Court Justice Clarence Thomas will share a classroom this semester with his former law clerk and GW Law School professor Gregory Maggs."

And in today's edition of The Fort Worth Star-Telegram, columnist Linda P. Campbell has an op-ed entitled "Clarence Thomas might be an icon after all."
Posted at 04:18 PM by Howard Bashman



"Newspaper Chain Drops Righthaven -- 'It Was a Dumb Idea'": At Wired.com's "Threat Level" blog, David Kravets has a post that begins, "The new chief executive of MediaNews Group, publisher of the Denver Post and 50 other newspapers, said it was 'a dumb idea' for the nation's second-largest newspaper chain to sign up with copyright troll Righthaven."
Posted at 03:40 PM by Howard Bashman


"Second Circuit panel reverses child porn restitution award to 'Amy'": At his "Sentencing Law and Policy" blog, Doug Berman has a post that begins, "The Second Circuit has today issued an important new opinion in the on-going saga concerning whether and how the kids victimized by being featured in illegal child pornography can secure restitution awards from defendants who downloaded these pictures via the internet."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:40 PM by Howard Bashman



"Appeals court dismisses Virginia challenge to health-care law": Jim Nolan of The Richmond Times-Dispatch has this news update.

The New York Times has a news update headlined "Court Blocks Suit Against Health Law."

The Roanoke Times has a news update headlined "Federal judges reject Virginia's challenge of Obama health care law; Virginia Attorney General Ken Cuccinelli has pledged to appeal case to the U.S. Supreme Court."

The Associated Press reports that "Federal court tosses lawsuits over health reform."

Reuters reports that "Court tosses Virginia challenge to healthcare law."

Bloomberg News reports that "Health-Care Law Upheld by Federal Appeals Court."

Politico.com reports that "Health care law cases rejected by 4th Circuit Court of Appeals.."

At "The BLT: The Blog of Legal Times," Andrew Ramonas has a post titled "4th Circuit Rejects Virginia's Challenge to Health Care Reform Law."

And at "SCOTUSblog," Lyle Denniston has a post titled "Health care challenge rejected; Health insurance challenge rebuffed by Fourth Circuit, finding it a premature attempt to block a federal tax provision."

My earlier coverage of today's Fourth Circuit rulings appears at this link.
Posted at 01:36 PM by Howard Bashman



"Rates of Unpublished Opinions in the Different Circuits -- And Especially the Fourth Circuit": Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 01:25 PM by Howard Bashman


Fourth Circuit avoids reaching the merits in two challenges to federal healthcare mandate: You can access today's ruling in Virginia v. Sebelius at this link, while today's ruling in Liberty University v. Geithner can be accessed here.

In the suit brought by Liberty University, the three-judge panel has ruled by a 2-to-1 vote that "Because this suit constitutes a pre-enforcement action seeking to restrain the assessment of a tax, the Anti-Injunction Act strips us of jurisdiction." And, in the suit brought by Virginia, the court has unanumously ruled that Virginia lacks standing to bring the suit.

Circuit Judge Diana Gribbon Motz wrote the opinion of the court in both cases.
Posted at 12:20 PM by Howard Bashman



"Strip-club no-touch law upheld in court": The Columbus (Ohio) Dispatch contains this article today reporting on a non-precedential ruling that the U.S. Court of Appeals for the Sixth Circuit issued yesterday.
Posted at 10:40 AM by Howard Bashman


"Top Ohio court mulls child-porn evidence dispute": In today's edition of The Toledo Blade, Jim Provance has an article that begins, "How long can a computer hard drive be left behind before it is considered abandoned and subject to search by police without a warrant?"

You can view the video of yesterday's oral argument in the Supreme Court of Ohio via this link. The court's Public Information Office prepared this summary of the case, and you can access the briefs and other documents filed in the case via this link.
Posted at 08:30 AM by Howard Bashman



"Yale Law School to host Navajo Supreme Court argument": This article appears today in The Daily Times of Farmington, New Mexico.

A similar event, scheduled to occur last October, ended up being cancelled.
Posted at 08:24 AM by Howard Bashman



"Why liberals fear the 'Lochner' decision": Columnist George F. Will has this op-ed today in The Washington Post.
Posted at 07:35 AM by Howard Bashman


"Patent Bill Viewed as Bailout for a Law Firm": This article appears today in The New York Times.
Posted at 07:32 AM by Howard Bashman


"Do conflicts among Marine lawyers put justice at risk?" Michael Doyle of McClatchy Newspapers has this report.
Posted at 07:30 AM by Howard Bashman


"Lessons Maybe Learned": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 07:28 AM by Howard Bashman


Wednesday, September 7, 2011

"The Guantanamo Mess: The ancient right of habeas corpus is being rewritten." Senior D.C. Circuit Judge A. Raymond Randolph has this essay at National Review Online.
Posted at 08:17 PM by Howard Bashman


"How Rich Are The Supreme Court Justices?" Brendan Coffey has this blog post at Forbes.com.
Posted at 07:36 PM by Howard Bashman


"Abrahamson suggests open deliberation for state Supreme Court": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "Chief Justice Shirley Abrahamson started the Supreme Court's term Tuesday by laying out a one-of-a-kind plan to make public the deliberations of the state's highest court."
Posted at 07:35 PM by Howard Bashman


Kenny Loggins on appeal: Sadly, this iteration is serving a sentence of life without parole for a murder committed at the age of 17.

In early news coverage, The Associated Press reports that "Appeals court allows life sentences for juveniles."

Circuit Judge Ed Carnes wrote today's ruling of the U.S. Court of Appeals for the Eleventh Circuit on behalf of a unanimous three-judge panel.
Posted at 05:40 PM by Howard Bashman



"Court ruling undermines privacy exemption to FOIA": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.
Posted at 05:32 PM by Howard Bashman


"Copyright Troll Righthaven Goes on Life Support": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 04:42 PM by Howard Bashman


"Pharma Case Leads Historic High Court Arguments Session": This front page article appeared in yesterday's issue of Pennsylvania Law Weekly.

Next Tuesday, I will be arguing the case referenced in the article's headline on plaintiff's behalf in the Supreme Court of Pennsylvania. In this post from July 11, 2011, I provided online access to Wyeth's Brief for Appellant and my client's Brief for Appellee/Cross-Appellant, along with the amicus brief filed on my client's behalf.

More recently, on August 18, 2011, Wyeth filed its Reply Brief for Appellant/Brief for Cross-Appellee. And yesterday, I filed my client's Reply Brief for Cross-Appellant.
Posted at 04:32 PM by Howard Bashman



"Make That Ricci AND DeStefano": The New Haven Independent has this report.
Posted at 03:24 PM by Howard Bashman


"Video from 2011 Ninth Circuit Judicial Conference Now Available Online": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit posted this news release online yesterday.

You can access the various available video segments by clicking here.
Posted at 03:12 PM by Howard Bashman



"Gay marriage foes may win right to defend Prop. 8 in court; Several California Supreme Court justices appear skeptical that only elected officials could defend measures passed by voters; This could give opponents of same-sex marriage a chance to test the case before the U.S. Supreme Court": Maura Dolan has this article today in The Los Angeles Times.

Howard Mintz of The San Jose Mercury News reports today that "Supreme Court appears ready to give Prop 8 sponsors right to defend gay marriage ban."

The New York Times reports that "Court Weighs Who Defends Proposition 8."

And The Christian Science Monitor has an article headlined "Same-sex marriage: Can Prop. 8 sponsor appeal ruling ban is unconstitutional? In a hearing Tuesday, California Supreme Court justices grilled attorneys for both sides in the Prop. 8 case; Their ruling on legal 'standing' may affect more than the ban on same-sex marriage."
Posted at 07:55 AM by Howard Bashman



"SEC won't appeal decision on shareholders": The Washington Post contains this article today.
Posted at 07:48 AM by Howard Bashman


"Missouri high court to hear arguments today on adult entertainment law": This article appears today in The Kansas City Star.
Posted at 07:44 AM by Howard Bashman


"Longtime Liberal Advocate to Lead Generic Drug Group": Today's edition of The New York Times contains an article that begins, "Ralph G. Neas, a longtime advocate for liberal causes and the face of some of the biggest Supreme Court nomination fights in recent decades, has been named the new chief executive of the Generic Pharmaceutical Association, a Washington-based industry group representing generic drug makers and suppliers."
Posted at 07:42 AM by Howard Bashman


Tuesday, September 6, 2011

"U.S. District Judge Bernice Donald of Memphis wins confirmation to federal appeals court": The Memphis Commercial Appeal has this news update.
Posted at 08:26 PM by Howard Bashman


"Transcription Error Nearly Trips Up Judicial Nominee": At "The BLT: The Blog of Legal Times." David Ingram has a post that begins, "A nominee for a federal appeals court has found out the hard way how much trouble an error in a transcript can cause."
Posted at 06:12 PM by Howard Bashman


"Judges seem to side with backers of Prop. 8": Bob Egelko of The San Francisco Chronicle has this news update.

Bloomberg News reports that "California's Gay Wedding Ban Defense Is Weighed by State's High Court."

And The Associated Press reports that "Calif court mulls appeal rights of Prop 8 backers."
Posted at 06:07 PM by Howard Bashman



"Arizona can't dump domestic partner benefits, court says": Howard Fischer of The Arizona Daily Star has this news update.

And The Arizona Republic has a news update headlined "Court: Arizona same-sex partners entitled to benefits."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 05:55 PM by Howard Bashman



"11th Circuit rejects actor Wesley Snipes' appeal": The Associated Press has this report on an unpublished ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 05:40 PM by Howard Bashman


"Obama faces crucial period for judicial nominations": Reuters has this report.
Posted at 05:28 PM by Howard Bashman


"Federal Appeals Court Upholds Disclosure of Cellphone Tracking Data": At "The BLT: The Blog of Legal Times," Mike Scarcella has this post about a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:46 PM by Howard Bashman


"Calif. gay marriage ban faces next legal hurdle": The Associated Press has a report that begins, "California's same-sex marriage ban faces its next legal test Tuesday when the state's highest court attempts to shed light on whether the voter-approved measure's backers have legal authority to appeal the federal ruling that overturned Proposition 8."

The California Channel is scheduled to provide live, online coverage of the oral argument beginning at 1 p.m. eastern time today.
Posted at 11:04 AM by Howard Bashman



"Indefinite solitary confinement persists in California prisons; Long abandoned by many states, the practice is a last resort for California authorities struggling to thwart gang activity and extract information from the most hardened members; Critics say it amounts to torture": This front page article appears today in The Los Angeles Times.
Posted at 10:54 AM by Howard Bashman


"Former Acting Solicitor General Neal Katyal Joins Hogan Lovells as Partner and Co-Head of Appellate Practice": The Hogan Lovells law firm issued this news release today.

And at WSJ.com's "Law Blog," Nathan Koppel has a post titled "A Law Blog Q&A With Neal Katyal."
Posted at 10:10 AM by Howard Bashman



"Defending the Accused, and Herself, With Vigor": This profile of attorney Jennifer L. McCann appears today in The New York Times.
Posted at 10:07 AM by Howard Bashman


"When Perpetual Dissent Removes the Blindfold": In today's edition of The New York Times, Adam Liptak has this new installment of his "Sidebar" column.
Posted at 10:00 AM by Howard Bashman


Monday, September 5, 2011

"After 17 years, three-strikes law is still hotly debated; Supporters of the tough sentencing rules say the law applies to a lifetime of crime, while opponents say tough punishments often are out of proportion to the underlying crimes": This front page article appears today in The Los Angeles Times.
Posted at 10:20 PM by Howard Bashman


"Prop. 8 sponsors' arguments go before California high court; The court's ruling will determine whether initiative sponsors in California are entitled to defend their measures in state court if the governor and the attorney general refuse": Maura Dolan has this article today in The Los Angeles Times.

And Howard Mintz of The San Jose Mercury News has an update headlined "California Supreme Court tackles gay marriage case again."
Posted at 08:33 PM by Howard Bashman



"Christian crusaders cash in; Sekulow's family, firm collect millions": This article appeared yesterday in The Tennessean, along with an article headlined "ACLJ suits don't focus on First Amendment."
Posted at 08:25 PM by Howard Bashman


"Miami federal Judge Adalberto Jordan on track for appeals court post; Miami federal Judge Adalberto Jordan, who clerked for Supreme Court Justice Sandra Day O'Connor after graduating from UM law school, is poised to become the first Cuban-born judge on the 11th U.S. Circuit Court of Appeal": Jay Weaver had this article yesterday in The Miami Herald.
Posted at 08:22 PM by Howard Bashman


"Madoff Victims Seek Appeals Court Rehearing on Fictional Profit Recoveries": Bloomberg News has this report.
Posted at 12:30 PM by Howard Bashman


Sunday, September 4, 2011

"Prosser tempered ruling on bargaining; Majority sought to rule measure appropriately passed, published": This article appears today in The Milwaukee Journal Sentinel.

And Friday's newspaper contained an article headlined "Gableman: Bradley struck him -- only a year later than he had said."
Posted at 12:04 PM by Howard Bashman



"Under the U.S. Supreme Court: Corporate political funds may be unmasked." Michael Kirkland of UPI has this report.
Posted at 10:27 AM by Howard Bashman


Saturday, September 3, 2011

"$29M medical malpractice verdict upheld for 8-year-old quadriplegic": Today's edition of The Chicago Sun-Times contains this article reporting on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued on Thursday.

Circuit Judge Richard A. Posner's concurring opinion discussing the reasonable person standard is also worth a look.
Posted at 11:28 PM by Howard Bashman



Friday, September 2, 2011

"D.C. Circuit Judge Ginsburg to Join NYU Law Faculty": Zoe Tillman has this post at "The BLT: The Blog of Legal Times."
Posted at 04:12 PM by Howard Bashman


"Judge rejects Roger Clemens' bid to avoid retrial": The Associated Press has this updated report.
Posted at 03:28 PM by Howard Bashman


A three-dollar victory on appeal: A unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued this ruling today.
Posted at 02:00 PM by Howard Bashman


"Originalism and Constitutional Mistakes": Law professor Richard Epstein has this post at the "ricochet" blog.

And Peter Robinson has an earlier, related post titled "Clarence Thomas, Robert Bork, and a Question for the Ricochet Legal Team."
Posted at 01:57 PM by Howard Bashman



"Judge asks if Clemens prosecutors caused mistrial": The Associated Press has this report.

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Clemens' Lawyers Urge Judge to Throw Out Charges."
Posted at 01:54 PM by Howard Bashman



"Supreme Court's Lesson: Hey political Branches, What About Civility?" Ariane de Vogue of ABC News has this report.
Posted at 01:50 PM by Howard Bashman


Is Wells Fargo, as a national bank, deemed a citizen only of the State of South Dakota, in which its main office is located, or is that bank also a citizen of California, where its principal place of business is located? A divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit grappled with that question in a decision issued today.
Posted at 12:00 PM by Howard Bashman


Eighth Circuit issues its latest ruling on Planned Parenthood's challenges to revisions enacted in 2005 to the South Dakota law on informed consent to abortion: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 11:56 AM by Howard Bashman


"Anonymous hits with a double attack": Today's edition of The Washington Post contains an article that begins, "Anonymous came out with two high-profile attacks on Thursday afternoon. First, the group claimed credit for defacing the site of the Texas police chiefs and leaking documents and e-mails from law enforcement officials. It also claimed credit for taking down the site of the Ninth Circuit Court of Appeals in California around 6:30 p.m. on Thursday."
Posted at 11:52 AM by Howard Bashman


"Court: Panelist secretly blocked convict's parole." The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued last Friday.
Posted at 11:48 AM by Howard Bashman


"Court Won't Revisit Decision to OK Jail Mail": Courthouse News Service has this report on an order denying rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.

Eight Ninth Circuit judges joined in an opinion dissenting from the denial of rehearing en banc, while the two judges who constituted the majority on the original three-judge panel issued an opinion concurring in the denial of rehearing en banc.
Posted at 09:46 AM by Howard Bashman



"Fuel Runs Out for Premium Gas Class Action": Courthouse News service has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 09:40 AM by Howard Bashman


"Under Perry, Executions Raise Questions": The Texas Tribune has this report.

And online at The New Republic, Carol S. Steiker and Jordan M. Steiker have an essay entitled "Don't Blame Perry for Texas's Execution Addiction; He Doesn't Have Much to Do With It."
Posted at 09:38 AM by Howard Bashman



"IRS Six Year Audit Push May Reach Supreme Court": Robert W. Wood has this blog post at Forbes.com.
Posted at 09:36 AM by Howard Bashman


"Courts must use Facebook, Twitter to counter 'skewing of information': Chief Justice." The Australian Associated Press has this report.
Posted at 09:34 AM by Howard Bashman


"A Radical New Ploy to Destroy Roe v. Wade--Which Just Might Work": Simon van Zuylen-Wood has this essay online at The New Republic.
Posted at 09:32 AM by Howard Bashman


Thursday, September 1, 2011

"Retired Supreme Court Justice O'Connor leads special 9th Circuit session at UM": The Missoulian has a news update that begins, "Retired Supreme Court Justice Sandra Day O'Connor told University of Montana law students Thursday she holds little hope that the nomination process for federal judges will become less contentious."
Posted at 11:02 PM by Howard Bashman


"Anne Patterson sworn in to N.J. Supreme Court": The Newark (N.J.) Star-Ledger has this news update.
Posted at 10:58 PM by Howard Bashman


"Prosser to step aside in case involving campaign attorney": The Milwaukee Journal Sentinel has a news update that begins, "State Supreme Court Justice David Prosser is stepping aside in a free-speech case in which his campaign attorney is appearing before the court."
Posted at 10:57 PM by Howard Bashman


"Years-long immigrant detentions unconstitutional, appeals court rules": Bill Mears of CNN.com has this report.

And The Associated Press reports that "Some US immigration detainees win quicker hearings."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 09:01 PM by Howard Bashman



"UC Berkeley prof. sworn in to Calif. Supreme Court": The Associated Press has this report.
Posted at 05:05 PM by Howard Bashman


"Appeals court hears arguments on gay troop ban": The Associated Press has a report that begins, "A federal appeals court wrestled Thursday with whether it can declare the military's ban on openly gay service members unconstitutional when the 'don't ask, don't tell' policy is lifted in 19 days."
Posted at 02:40 PM by Howard Bashman


"Goodwin Liu had a hand in Bush v. Gore": Bob Egelko of The San Francisco Chronicle has this blog post.
Posted at 02:38 PM by Howard Bashman


Opening line of the day: In the first line of an opinion that the U.S. Court of Appeals for the Seventh Circuit issued today on behalf of a unanimous three-judge panel, Circuit Judge Ilana Diamond Rovner writes, "This case proves the maxim that, in appellate briefing, bluster is inversely proportional to merit."

I'd be tempted to devote an installment of my monthly appellate column to this subject if I hadn't already done so earlier this year.
Posted at 02:22 PM by Howard Bashman



Washington State Supreme Court rejects Seattle's effort to force that State's Attorney General to withdraw from multi-state lawsuit challenging constitutionality of federal healthcare mandate: Today's ruling of the Washington State Supreme Court consists of a majority opinion and two concurring opinions (here and here).
Posted at 12:04 PM by Howard Bashman


"Admitting Clarence Thomas' genius": Michael Barone has this op-ed today in The New York Post.
Posted at 10:33 AM by Howard Bashman


"Norfolk Four case argued before Va. Supreme Court": Frank Green has this article today in The Richmond Times-Dispatch.

And The Associated Press reports that "3 members of 'Norfolk 4' pursue new appeal."
Posted at 10:30 AM by Howard Bashman



"Candidates for Missouri Supreme Court face public questioning": This article appears today in The St. Louis Post-Dispatch.

And The Associated Press reports that "Candidates for Mo. Supreme Court publicly screened."
Posted at 10:22 AM by Howard Bashman



"Eyewitness case goes to U.S. Supreme Court": Today's edition of The New Hampshire Union Leader contains an article that begins, "A case involving a Nashua man convicted of receiving stolen property goes before the U.S. Supreme Court this fall to help determine what weight courts should give to possibly unreliable eyewitness evidence."
Posted at 09:54 AM by Howard Bashman


"Goodwin Liu confirmed to California Supreme Court; UC Berkeley law professor Goodwin Liu is confirmed to the California Supreme Court; Liu's nomination to the 9th Circuit Court of Appeals was previously derailed in the U.S. Senate": Maura Dolan has this article today in The Los Angeles Times.

The Daily Californian reports today that "UC Berkeley law professor confirmed to California Supreme Court."

And Dan Levine of Reuters reports that "Law professor Liu confirmed for California high court."
Posted at 08:30 AM by Howard Bashman



"N.Y. billing dispute reveals details of secret CIA rendition flights": Today's edition of The Washington Post contains this article.
Posted at 08:25 AM by Howard Bashman


"The Military and the Death Penalty": This editorial appears today in The New York Times.
Posted at 08:20 AM by Howard Bashman


"Perry has plenty of ideas on Supreme Court, including term limits": Todd J. Gillman of The Dallas Morning News has this report.
Posted at 08:17 AM by Howard Bashman


"Group seeks appellate action on gays in military": The Associated Press has this report.
Posted at 08:11 AM by Howard Bashman


"Feds, EFF Clash in Appeals Court Hearing on NSA Spying": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 08:09 AM by Howard Bashman


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