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Saturday, June 30, 2012 "After Supreme Court term, line between 'liberal' and 'conservative' is blurrier": Robert Barnes will have this article Sunday in The Washington Post. Meanwhile, in today's newspaper, Barnes and Del Quentin Wilber have an article headlined "Chief Justice John Roberts's health-care ruling gets plenty second-guessing." "We lost on health care. But the Constitution won." Law professor Randy Barnett has this essay online at The Washington Post. Posted at 08:40 PM by Howard Bashman "For Attorneys General, Long Shot Brings Payoffs": Sunday's edition of The New York Times will contain an article that begins, "Few handicappers gave a band of Republican attorneys general much chance of success when they filed a constitutional challenge to President Obama's health care law just minutes after it was signed on March 23, 2010." Posted at 07:45 PM by Howard Bashman "Supreme Court Moving Beyond Its Old Divides": Adam Liptak will have this article Sunday in The New York Times. Posted at 07:32 PM by Howard Bashman "Chief Justice Roberts and His Apologists: Some conservatives see a silver lining in the ObamaCare ruling; But it's exactly the big-government disaster it appears to be." Law professor John Yoo has this op-ed today in The Wall Street Journal. And at Bloomberg News, law professor Stephen L. Carter has an essay entitled "The Supreme Court's Most Impressive Achievement." "Under Watchful Eye, Circuit Fares Better": Scott Graham of The Recorder has this report on the Ninth Circuit's record at the U.S. Supreme Court in the just-completed Term. Posted at 05:23 PM by Howard Bashman "Miss. may be only state without abortion clinic": The Associated Press has this report. Posted at 05:14 PM by Howard Bashman "Chief Justice Roberts signals that Supreme Court remains independent; His healthcare and immigration decisions upset conservatives, surprised liberals -- and restored the faith of many in the idea of a nonpartisan judicial branch": David G. Savage of The Los Angeles Times has this report. Posted at 04:42 PM by Howard Bashman Friday, June 29, 2012 "SCOTUSblog: After a decade, an overnight sensation." Staci D. Kramer has this lengthy post tonight at paidContent. Posted at 08:42 PM by Howard Bashman "High court agrees no indecency fine for CBS 'wardrobe malfunction'": James Vicini of Reuters has this report. The Associated Press reports that "Court won't hear 'wardrobe malfunction' appeal." Bloomberg News reports that "Top Court Won't Revive CBS Fine Over Super Bowl Exposure." Mike Sacks of The Huffington Post reports that "Janet Jackson 'Wardrobe Malfunction' Case Declined By Supreme Court, Erasing CBS Fine." And at "SCOTUSblog," Lyle Denniston has a post titled "'Wardrobe malfunction' case finally ends." "Conservatives See Silver Lining in Health Ruling": In Saturday's edition of The New York Times, James B. Stewart will have this new installment of his "Common Sense" column. Posted at 06:14 PM by Howard Bashman "It ain't over -- more legal challenges to health care law coming." Michael Doyle of McClatchy Newspapers has this report. Posted at 06:10 PM by Howard Bashman "Gay marriage issue reaches Court": Lyle Denniston has this post at "SCOTUSblog." Posted at 06:07 PM by Howard Bashman "Roberts Ruling On Obamacare Calls Into Question Definition Of Tax, Penalty": Jon Ward of The Huffington Post has this report. Posted at 06:00 PM by Howard Bashman "Reuters Supreme Court correspondent Jim Vicini steps down": JimRomenesko.com has this report. Update: The Newspaper Guild of New York has issued a news release headlined "A day after shining at Supreme Court, Reuters reporter departs." Speaking of Solicitor General Donald B. Verrilli, Jr.: On the morning of Wednesday, July 11, 2012, The Heritage Foundation will host a program titled "Scholars & Scribes Review the Rulings: The Supreme Court's 2011-2012 Term." Participants on the first hour's panel will be Solicitor General Verrilli, law professor Richard A. Epstein, and Michael Carvin, with former Attorney General Edwin Meese III serving as moderator. Participants on the second hour's panel will be David G. Savage of The Los Angeles Times, Mark Sherman of The Associated Press, and me, with Todd Gaziano serving as moderator. "Vindication for Maligned Lawyer in Justices' Ruling": John M. Broder will have this article Saturday in The New York Times. Posted at 03:50 PM by Howard Bashman "Will Supreme Court's health care ruling imperil Clean Air Act?" Lawrence Hurley of Greenwire has this report. Posted at 03:12 PM by Howard Bashman "After the health care ruling, Roberts jokes, but declines to talk about the decision": Del Quentin Wilber of The Washington Post has a news update that begins, "Making his first public appearance since writing the U.S. Supreme Court's controversial decision on health care, Chief Justice John G. Roberts Jr. on Friday joked, but declined to discuss the landmark ruling during a 30-minute question and answer session. Appearing at a judicial conference outside Pittsburgh, Roberts answered questions from two lower court judges and an audience of lawyers." Posted at 02:33 PM by Howard Bashman "High court for sale: Sotomayor magnets, anyone?" Andrew Longstreth and Drew Singer of Reuters have this report. Posted at 02:03 PM by Howard Bashman "Audible exhalation as health care ruling is read": Jesse J. Holland of The Associated Press has this report. Posted at 01:54 PM by Howard Bashman "Chief Justice Roberts did the right thing -- but it's still a bad law." Seventh Circuit Judge Richard A. Posner has this post online at Slate. Posted at 01:50 PM by Howard Bashman "Roberts jokes about trip to 'impregnable fortress'": The Associated Press has this report. Posted at 12:25 PM by Howard Bashman "Supreme Court Lets Health Law Largely Stand, in Victory for Obama": Adam Liptak has this front page article today in The New York Times. The newspaper also contains an article headlined "Justices Allow the Term 'Tax' to Embrace 'Penalty'" and an editorial entitled "A Moderate Ruling With Risks Ahead." In addition, columnist David Brooks has an op-ed entitled "Modesty and Audacity"; columnist Paul Krugman has an op-ed entitled "The Real Winners"; Neal K. Katyal has an op-ed entitled "A Pyrrhic Victory"; and law professor Richard A. Epstein has an op-ed entitled "A Confused Opinion." In today's edition of The Washington Post, Robert Barnes reports that "Supreme Court upholds Obama's health-care law." And in commentary, columnist George F. Will has an essay entitled "Conservatives' consolation prize"; columnist E.J. Dionne Jr. has an essay entitled "A victory for Obama -- and for Roberts"; columnist Dana Milbank has an essay entitled "The umpire strikes back"; and columnist Charles Krauthammer has an essay entitled "Why Roberts did it." David G. Savage of The Los Angeles Times has articles headlined "Supreme Court upholds Obama's healthcare law; The penalty for lacking insurance is simply a tax, not an unconstitutional mandate, Chief Justice John G. Roberts Jr. says in his majority opinion" and "Scorned after oral arguments on healthcare, Verrilli emerges a winner." The newspaper also contains an editorial entitled "Vindication for 'Obamacare': Despite demonization from the right, the high court correctly upheld the healthcare reform law." In The Wall Street Journal, Jess Bravin and Louise Radnofsky report that "Court Backs Obama on Health Law; In a Surprise Ruling, Chief Justice Sides With Liberals to Uphold Insurance Mandate; Republicans to Press for Repeal." And Ashby Jones and Brent Kendall report that "Roberts Straddles Ideological Divide." In USA Today, Richard Wolf, Brad Heath, and Chuck Raasch have an article headlined "How health care law survived, and what's next." In addition, Heath has an article headlined "Chief justice's role takes ironic turn." Michael Doyle of McClatchy Newspapers reports that "Supreme Court upholds health care law, calls mandate's fee a tax." The Washington Times contains articles headlined "Supreme Court upholds Obama's health care overhaul" and "Roberts strikes balance with 'tax' interpretation." Warren Richey of The Christian Science Monitor has an article headlined "Obama health-care law: Supreme Court upholds it in entirety; A 5-to-4 Supreme Court majority -- including Chief Justice John Roberts -- determined that the Obama health-care law was authorized under Congress's power to raise and collect taxes." And at "SCOTUSblog," Lyle Denniston has posts titled "Don't call it a mandate -- it's a tax" and "A giant hole in the safety net?" In coverage of yesterday's Affordable Care Act ruling available online from Slate: Jeff Shesol has a jurisprudence essay entitled "John Roberts Is No Hero: Why our crush on the chief justice is silly -- and undeserved." David L. Franklin has a jurisprudence essay entitled "Why Did Roberts Do It? To save the court." And Tom Scocca has an essay entitled "Obama Wins the Battle, Roberts Wins the War: The chief justice's canny move to uphold the Affordable Care Act while gutting the Commerce Clause." Access online today's Order List of the U.S. Supreme Court: The Court has posted the Order List at this link. In FCC v. CBS Corp., No. 11-1240, Chief Justice John G. Roberts, Jr. and Justice Ruth Bader Ginsburg each issued a concurrence in the denial of certiorari. And in early news coverage, The Associated Press reports that "Supreme Court turns away media companies' appeal." "John Roberts recasts his legacy with health care decision": Josh Gerstein and Darren Samuelsohn have this report at Politico.com. Posted at 08:33 AM by Howard Bashman "Lynne Stewart 10-year prison term upheld by appeals court": Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday. And in other coverage, The New York Times reports today that "10-Year Sentence for Lawyer in Terrorism Case Is Upheld." "Health-care ruling vindicates solicitor general Verrilli": This article appears today in The Washington Post. And Bloomberg News reports that "Health Ruling Vindicates Verrilli After Arguments Mocked." "A Justice in Chief": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times. Posted at 07:52 AM by Howard Bashman Thursday, June 28, 2012 "In Decision, a Defining Move for Roberts": Adam Liptak will have this news analysis in Friday's edition of The New York Times. In Friday's edition of The Washington Post, Dan Eggen will have an article headlined "Roberts's health-care decision stuns many but is in line with his outlook." David Goldstein of McClatchy Newspapers has an article headlined "Chief Justice John Roberts is health care ruling's biggest surprise." Greg Stohr of Bloomberg News reports that "Roberts Rejects Partisanship In Backing Obama Health Law." Joan Biskupic of Reuters has a news analysis headlined "Why Roberts saved Obama's healthcare law." The Associated Press reports that "Roberts delivers for president who had opposed him." This evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Justice Roberts Breaks The Tie On Health Care." And at "The Volokh Conspiracy," Orin Kerr has a post titled "The Conservative John Roberts." In recent posts at Slate's "Supreme Court Year in Review": Law professor Jack Balkin has a post titled "That boring old tax argument was always a winner." Seventh Circuit Judge Richard A. Posner has a post titled "The Commerce Clause was clearly enough to uphold the Affordable Care Act." Dahlia Lithwick has a post titled "A historic day for John Roberts and the court." Walter Dellinger has a post titled "Why this is now Chief Justice Roberts' court." And Emily Bazelon has a post titled "Chief Justice Roberts saves Obama -- as he should." "Barack Obama fooled on Supreme Court ruling by CNN, Fox News": Politico.com has this report. The Los Angeles Times reports that "CNN, Fox fumble the call, capping months of media misperception; The networks' mistaken calls on the Supreme Court's healthcare ruling came after much media speculation -- often flat-out wrong -- that sprang up following oral arguments before the high court." The Washington Post has an article headlined "Early reports on health-care decision from CNN, Fox overturned one mandate: Accuracy." Alex Kane Rudansky of McClatchy Newspapers reports that "CNN, Fox jump gun on Supreme Court health care ruling." BuzzFeed has a post titled "CNN News Staffers Revolt Over Blown Coverage." American Journalism Review has a post titled "Who Was First? Who Cares?" WSJ.com's "Digits" blog has a post titled "SCOTUSblog Sees Traffic Surge With Health-Law Ruling." And Nieman Journalism Lab has a post titled "Anatomy of a spike: How SCOTUS Blog dealt with its biggest traffic day ever." "From Copyright to Surveillance to Torture, Supreme Court Term Ends Mixed": David Kravets has this post at Wired.com's "Threat Level" blog. Posted at 06:24 PM by Howard Bashman "Inside the Supreme Court on a Historic Morning": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 06:22 PM by Howard Bashman "Lies About Military Honors Not Illegal, Court Finds": The New York Times has this news update. Robert Barnes and Michael E. Ruane of The Washington Post have a news update headlined "Supreme Court: Lying about military medals is protected by Constitution." Michael Doyle and Matthew Schofield of McClatchy Newspapers report that "Supreme Court rejects 'Stolen Valor' law, says lying about military honors isn't a crime." Evan Perez of The Wall Street Journal has a news update headlined "Supreme Court Strikes Down 'Stolen Valor' Law." This evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Supreme Court Strikes Down Stolen Valor Act." And at "The Volokh Conspiracy," Eugene Volokh has a post titled "Freedom of Speech and Knowing Falsehoods." Programming note: Additional posts will appear here later today, in accordance with this blog's previously announced "plan for covering Thursday's rulings of the U.S. Supreme Court." Posted at 10:48 AM by Howard Bashman "Supreme Court upholds Obama healthcare law centerpiece": James Vicini of Reuters has this report. Posted at 10:46 AM by Howard Bashman The U.S. Supreme Court has posted its health care ruling online: At this link. I have posted a back-up copy at this link. Posted at 10:36 AM by Howard Bashman "Obama's Health-Care Overhaul Upheld By U.S. Supreme Court": Greg Stohr of Bloomberg News has this report. Posted at 10:30 AM by Howard Bashman "Supreme Court upholds Obama law's requirement that most Americans have health insurance." The Associated Press has issued this news alert. The AP's initial report on the ruling, written by Mark Sherman, is headlined "High court upholds key part of Obama health law." Access online today's rulings of the U.S. Supreme Court in the remaining argued cases from October Term 2011: Today, the Court is expected to issue rulings in First American Financial Corp. v. Edwards, 10-708 (argued November 28, 2011); United States v. Alvarez, No. 11-210 (argued February 22, 2012); and the Affordable Care Act cases, consisting of Department of Health and Human Servs. v. Florida, No. 11-398 (argued March 26, 2012 and March 27, 2012), National Federation of Independent Business v. Sebelius, No. 11-393 (argued March 28, 2012), and Florida v. Department of Health and Human Servs., No. 11-400 (argued March 28, 2012). 1. Justice Anthony M. Kennedy announced the judgment of the Court and delivered an opinion in United States v. Alvarez, No. 11-210, in which the Chief Justice and Justices Ruth Bader Ginsburg and Sonia Sotomayor joined. Justice Stephen G. Breyer issued an opinion concurring in the judgment, in which Justice Elena Kagan joined. Justice Samuel A. Alito, Jr, issued a dissenting opinion, in which Justices Antonin Scalia and Clarence Thomas joined. I have posted a back-up copy of the ruling at this link, because it is currently difficult to access via the Court's web site. 2. In First American Financial Corp. v. Edwards, 10-708, the Court issued a per curiam order dismissing the case as improvidently granted. 3. And in National Federation of Independent Business v. Sebelius, No. 11-393, the Court's syllabus describes the alignment of the decision as follows: "ROBERTS, C. J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III-C, in which GINSBURG, BREYER, SOTOMAYOR, and KAGAN, JJ., joined; an opinion with respect to Part IV, in which BREYER and KAGAN, JJ., joined; and an opinion with respect to Parts III-A, III-B, and III-D. GINSBURG, J., filed an opinion concurring in part, concurring in the judgment in part, and dissenting in part, in which SOTOMAYOR, J., joined, and in which BREYER and KAGAN, JJ., joined as to Parts I, II, III, and IV. SCALIA, KENNEDY, THOMAS, and ALITO, JJ., filed a dissenting opinion. THOMAS, J., filed a dissenting opinion." You can access the ruling at this link. In early news coverage, The Associated Press reports that "Supreme Court strikes down Stolen Valor law." "Dred: Waiting for the Supreme Court." Jill Lepore has this blog post online at The New Yorker. Posted at 09:52 AM by Howard Bashman "Health Care Reform v. the Founders": The Wall Street Journal has posted online at this link David B. Rivkin Jr.'s op-ed, which originally appeared in that newspaper on September 29, 1993. Posted at 09:35 AM by Howard Bashman "Supreme Court to rule Thursday on health-care law": Robert Barnes of The Washington Post has this news update. Posted at 09:22 AM by Howard Bashman "Reading the tea leaves on health care decision": Jan Crawford of CBS News has this report. Posted at 09:18 AM by Howard Bashman "Obama and Roberts Legacies Are Intertwined": Carol E. Lee and Jess Bravin have this article today in The Wall Street Journal. You can freely access the full text of the article via Google News. "Awaiting Ruling on Fairly Simple Questions About a Complex Health Law": This article appears today in The New York Times. Mark Sherman of The Associated Press reports that "High court to deliver health care ruling Thursday." And Bloomberg News reports that "Obama's Legacy At Risk After Winning Health-Care Fight." Wednesday, June 27, 2012 "In this action seven plaintiff States sought to recover proceeds of matured but unredeemed United States savings bonds from the United States Treasury." So begins a lengthy ruling that the U.S. Court of Appeals for the Third Circuit issued today considering whether U.S. savings bonds are subject to escheat under state law. Attorney Carter G. Phillips argued the appeal on behalf of the states. Posted at 11:22 PM by Howard Bashman "White House unusually quiet before Supreme Court healthcare ruling": The Los Angeles Times has this news update. Posted at 10:44 PM by Howard Bashman "The Roberts Court's Liberal Turn on Juvenile Justice": David S. Tanenhaus has this essay online at The New York Times. Posted at 10:42 PM by Howard Bashman In Thursday's edition of The Washington Post: Tomorrow's newspaper will contain articles headlined "Supreme Court health care decision has Washington awaiting history" and "For SCOTUSblog, one goal: 'Beat everybody' and break news of health-care ruling." The newspaper will also contain an editorial entitled "Justice Scalia's partisan discredit to the court." And columnist E.J. Dionne Jr. will have an op-ed entitled "Justice Scalia must resign." "D-Day": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times. Posted at 10:14 PM by Howard Bashman "A Dissent by Scalia Is Criticized as Political": This article will appear Thursday in The New York Times. Posted at 10:09 PM by Howard Bashman "Supreme Court forces Nike to defend its right not to defend its trademarks": Erin Geiger Smith has this report at Alison Frankel's "On the Case" from Thomson Reuters News & Insight. Posted at 09:14 PM by Howard Bashman "Obama to learn Supreme Court health verdict from news": Reuters has this report. And FoxNews.com has a report headlined "Fox News poll: Nation divided on health care law ahead of Supreme Court ruling." Update: At WSJ.com's "Washington Wire" blog, Jess Bravin has a post titled "Obama to Wait -- Like Rest of Us -- for Health Ruling." "How SCOTUS real estate case could affect Internet privacy litigation": Nate Raymond has this report at Alison Frankel's "On the Case" from Thomson Reuters News & Insight. Posted at 05:54 PM by Howard Bashman "Punitive damages award delayed": Lyle Denniston has this post at "SCOTUSblog." Posted at 05:52 PM by Howard Bashman "Christian Pregnancy Center Freed From Abortion Postings": Bloomberg News has a report that begins, "A Baltimore ordinance requiring a Christian 'pregnancy center' to post notices that it doesn't offer abortion referrals or birth control violates its free speech rights, a federal appeals court in Virginia ruled." And The Associated Press reports that "Court strikes down Md. pregnancy center ordinances." Today's 2-to-1 rulings of the U.S. Court of Appeals for the Fourth Circuit came in two separate cases, and you can access those rulings here and here. On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Medicaid Expansion Goes Overlooked In Supreme Court Anticipation" and "Still Unimplemented, Ariz. Law Has Chilling Effect." Posted at 05:22 PM by Howard Bashman Access the two most recent entries in Slate's "Supreme Court Year in Review": Walter Dellinger has a post titled "Who lost Obamacare? Let's evaluate the leading suspects." And Dahlia Lithwick has a post titled "Justice Scalia's partisanship, judging Muppets, and the long wait for health care." "Age of Justices Raises Stakes of Presidential Vote": This article will appear Thursday in The New York Times. Posted at 05:00 PM by Howard Bashman "7th Circuit revives potash price-fixing lawsuit": Reuters has this report on a ruling that the en banc U.S. Court of Appeals for the Seventh Circuit issued today. Posted at 04:30 PM by Howard Bashman "Supreme Court Health Care Decision Will Define The Future Of The American Health Care System": Jeffrey Young of The Huffington Post has this report. Posted at 02:30 PM by Howard Bashman "Few legal options for losers in EPA rule challenge": Lawrence Hurley of Greenwire has this report. Posted at 02:14 PM by Howard Bashman "A reader's guide to health care ruling": Lyle Denniston has this post at "SCOTUSblog." Posted at 02:09 PM by Howard Bashman "U.S. court: OK for jurors to take indictment home." Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today. Posted at 02:07 PM by Howard Bashman "[T]he llama incident returned with a vengeance." If only he had DIRECTV instead of cable! Today, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued a ruling that begins, "One December day, defendant Mark Burge's llama escaped from its pen and wandered off." Unlike in DIRECTV commercials, however, today's ruling seems to have a satisfactory ending for the defendant, as the appellate court holds that "[t]he district court plainly erred in failing to exclude Burge's llama abandonment conviction" in calculating a sentence under the federal Sentencing Guidelines for a later offense. "Why Monday's Immigration Decision Should Be a Model For Thursday's Obamacare Ruling": Law professor Jeffrey Rosen has this blog post online at The New Republic. Posted at 11:25 AM by Howard Bashman "Possible outcomes in pending health care law case": The Associated Press has this report. Online at The New Yorker, John Cassidy has a blog post titled "Health Care and the Supremes: Why the Right Has Already Won." And at "The Volokh Conspiracy," Randy Barnett has a post titled "Win or Lose, My Thanks." "Top Ten Things You May Not Know About The United States Supreme Court": Last night's broadcast of "Late Show with David Letterman" featured this top ten list (video link). Posted at 10:52 AM by Howard Bashman "SCOTUS Notebook: Live Blog's 15 Minutes of Fame and Kennedy's Immigration Tidbit." Mark Walsh has this post at the ABA Journal's "Law News Now" blog. Posted at 10:50 AM by Howard Bashman Access the two most recent entries in Slate's "Supreme Court Year in Review": Seventh Circuit Judge Richard A. Posner has a post titled "Justice Scalia is upset about illegal immigration. But where is his evidence?" And Dahlia Lithwick has a post titled "There are more reasons than 'brain science' to go easier on children." "How Justices Decide Big Cases Such As Health Care": This audio segment appeared on today's broadcast of NPR's "Morning Edition." Politico.com reports that "GOP in no rush to legislate if ACA goes down." The Hill has a blog post titled "Justices' personal health struggles may influence their decision." And at Bloomberg News, Edward Glaeser has an essay entitled "Federal Mandates Are Almost Always a Bad Idea." "Anthony Kennedy, the Justice Everyone Is Watching": Bloomberg Businessweek has this report. Posted at 08:20 AM by Howard Bashman "SB 1070 ruling not stirring same exodus fear for immigrants": This article appears today in The Arizona Republic. Posted at 08:02 AM by Howard Bashman Tuesday, June 26, 2012 "Obama could target Supreme Court if health-care law falls": Wednesday's edition of The Toronto Globe and Mail will contain this article. Posted at 10:52 PM by Howard Bashman "Sentencing Ruling Reflects Rethinking on Juvenile Justice": This news analysis will appear Wednesday in The New York Times. Posted at 10:48 PM by Howard Bashman "Arizona ruling won't take effect until mid-July": The Associated Press has a report that begins, "The most contentious part of Arizona's immigration law won't take effect until at least July 20." And Wednesday's edition of The New York Times will contain a news analysis headlined "Immigration Ruling Leaves Issues Unresolved." "Democrats lament not making healthcare sale": Reuters has a report that begins, "Prominent U.S. Democrats conceded on Tuesday they could have done a better job of selling President Barack Obama's healthcare overhaul to the public, but said the law could still be an effective campaign issue even if it is struck down by the Supreme Court." And at Politico.com, Elizabeth B. Wydra has an essay entitled "Supreme Court's legitimacy at stake on Affordable Care Act." "Perhaps Justice Scalia is reading the wrong Constitution?" Walter Dellinger has this post online at Slate. Posted at 10:32 PM by Howard Bashman "Supreme Court takes on damaged-class issue in suit against Comcast": The Philadelphia Inquirer contains this article today. Posted at 09:14 PM by Howard Bashman "Court Backs E.P.A. on Emissions Rules": This article will appear Wednesday in The New York Times. The Washington Times has a news update headlined "Va. challenge to EPA's findings on greenhouse gas rejected." The Christian Science Monitor has an article headlined "In win for Obama, EPA regulations on emissions upheld by appeals court; Since a 2007 Supreme Court decision, the EPA has issued four regulations to curtail carbon emissions; Big industry groups and lawmakers from coal-mining and other energy-producing states have objected." And The Boston Globe has a blog post titled "Federal court dismisses challenge to clean-air rules spawned by Massachusetts lawsuit against EPA." My earlier coverage of today's D.C. Circuit ruling appeared at this link. "Speculation grows that Roberts will write majority opinion in health-care case": Robert Barnes of The Washington Post has this news update. And Charles Lane has an op-ed entitled "Redefining American government through Obamacare" that begins, "We have two days until the Supreme Court rules on health care -- two days until we find out whether Akhil Amar's life has been a fraud." "Health care: Time to sum up." Lyle Denniston has this post at "SCOTUSblog." Posted at 07:42 PM by Howard Bashman "The Supreme Court: Just Politics by Other Means?" Nan Aron has this essay online today at The Huffington Post. Posted at 07:30 PM by Howard Bashman "That's Just Nino: Scalia's Arizona Dissent." Jeffrey Toobin has this blog post today online at The New Yorker. Posted at 07:20 PM by Howard Bashman "SCOTUS to rule on military lying": Politico.com has this report. Posted at 06:07 PM by Howard Bashman "Justices should use more than their gut and 'brain science' to decide a case." Seventh Circuit Judge Richard A. Posner has this post online at Slate. Posted at 06:02 PM by Howard Bashman "At least the court didn't make Citizens United worse." Walter Dellinger has this post online at Slate. Posted at 04:33 PM by Howard Bashman Slate gets a Posner to write about an end-of-Term U.S. Supreme Court ruling: A Posner, but not Richard A. Posner thus far. Law professor Eric Posner has a jurisprudence essay entitled "The Imperial President of Arizona: The Supreme Court's immigration ruling dramatically expanded executive power." This blog's plan for covering Thursday's rulings of the U.S. Supreme Court: I have appreciated or even been amused by certain blogs that have announced their plans for covering this Thursday's expected rulings in the Affordable Care Act cases, the Stolen Valor Act case, and -- most controversially of all -- the RESPA case argued way back on November 28, 2011 (which apparently the Justices noticed only yesterday had yet to be decided). Thus, for readers who likewise enjoy hearing about the plans of another, especially when set forth in the form of a chart, here goes: 1. 10 a.m. eastern time Thursday: Blog about the Supreme Court's newly announced rulings and link to those opinions. On rare occasion, this blog links to a newly released opinion before a link to that very same opinion appears on the live blog maintained by "SCOTUSblog." 2. Sometime between 11 and 11:30 a.m., travel with a friend to Citizens Bank Park in South Philadelphia to watch the Philadelphia Phillies host the Pittsburgh Pirates in a game scheduled to begin at 1:05 p.m. 3. Assuming no extra innings or weather-related delays, begin to travel back to the office or home sometime between 4 and 5 p.m. 4. Resume blogging about Thursday's Supreme Court rulings and attempt to figure out what's particularly worthwhile to link to. 5. Eventually, life returns to normal. "U.S. court upholds EPA's greenhouse gas rules": Reuters has this report. Bloomberg News reports that "EPA Greenhouse-Gas Rules Upheld By U.S. Appeals Court." The Associated Press reports that "Federal court upholds EPA's global warming rules." And Lawrence Hurley of Greenwire reports that "Appeals court upholds EPA emission rules." You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. "The U.S. Immigration Ruling: A Hint on Healthcare?" Joan Biskupic of Reuters has this news analysis. And online at The Atlantic, Andrew Cohen has an essay entitled "If You Think Monday Was Bad at the Supreme Court . . . ." "Justice Kennedy Leans Liberal -- for Now": Law professor Noah Feldman has this essay online at Bloomberg News. Posted at 02:25 PM by Howard Bashman "Let's hear it for Christine Fallon!" Lyle Denniston has this post at "SCOTUSblog." Posted at 02:14 PM by Howard Bashman Programming note: I will be presenting an appellate oral argument to a three-judge panel of the Superior Court of Pennsylvania later this morning. Additional posts will appear here this afternoon. Update: Gina Passarella of The Legal Intelligencer has this tweet noting a comment one of the judges made during the oral argument that immediately preceded the case I argued. Monday, June 25, 2012 "The court's conservatives don't care how much you hate Citizens United." Dahlia Lithwick has this post online at Slate. And this evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "High Court: No Reconsideration Of Citizens United." "Supreme Court strikes down mandatory life sentences for juveniles": Michael Doyle of McClatchy Newspapers has this report. Warren Richey of The Christian Science Monitor reports that "Supreme Court bars mandatory life sentences for juveniles; Supreme Court ruling aims to give judges and juries an opportunity to consider 'mitigating circumstances' before sentencing a juvenile offender to life in prison, without possibility of parole." Mike Sacks of The Huffington Post reports that "Supreme Court Strikes Down Mandatory Life Without Parole For Teens Convicted Of Murder." This evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Justices Bar Mandatory Life Terms for Juveniles." And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: Narrow ruling on young murderers' sentences." "Supreme Court upholds part of strict Arizona immigration law": Michael Doyle and David Lightman of McClatchy Newspapers have this report. Warren Richey of The Christian Science Monitor has an article headlined "Most of Arizona immigration law cannot stand, Supreme Court rules; But the Supreme Court upheld a provision requiring police to check the immigration status of people they have reason to suspect are illegal immigrants -- the most controversial part of the Arizona immigration law." Mike Sacks of The Huffington Post has a report headlined "Arizona Immigration Law Ruling: Supreme Court Delivers Split Decision." At "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: Immigration and judicial styles." This evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "High Court Leaves Core Of Immigration Law Intact." At The Daily Beast, law professor Adam Winkler has an essay entitled "What the Supreme Court's Arizona Ruling Means for Immigration and Health Care." And online at The Nation, law professor David Cole has an essay entitled "Anti-Immigrant Forces Lose Big in Supreme Court." "SCOTUSblog Is The Talk Of The Twitterverse As Court Rules On Major Cases": TPM DC has this report. Posted at 06:18 PM by Howard Bashman "Supreme Court won't revisit Citizens United decision": Michael Doyle of McClatchy Newspapers has this report. The Missoulian has a news update headlined "Supreme Court nixes state's ban on corporate campaign spending." Mike Sacks of The Huffington Post reports that "Supreme Court Reversed Anti-Citizens United Ruling From Montana." And this evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "High Court: No Reconsideration Of Citizens United." "Posner ruling makes smartphone patent war economically irrational": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. And Bloomberg News reports that "Apple-Motorola Mobility Patent Suit Ended By U.S. Judge." My earlier coverage of last Friday's ruling can be accessed here. "What it looks like when justices tear into each other--from up close." Dahlia Lithwick has this post at Slate. Update: In addition, Emily Bazelon has a post titled "The justices seem to understand that juveniles aren't like the rest of us." And Walter Dellinger has a post titled "People are painting the Arizona immigration case as a 'split verdict.' Nope, the feds won big." In the July 2012 issue of ABA Journal magazine: Steven Seidenberg has an article headlined "New Laws of Nature Law: Ruling Questions Scientific Patents." And Leslie A. Gordon has an article headlined "Pruning the Judicial Branch: State Laws Target 'Activist Judges.'" "Supreme Court won't hear Mt. Soledad cross case": J. Harry Jones and Greg Moran of The San Diego Union-Tribune have this news update. The Los Angeles Times has a news update headlined "U.S. Supreme Court declines to hear appeal on Mt. Soledad cross." And James Vicini of Reuters reports that "Supreme Court clears way for California cross removal." "Opinion recap: Citizens United solidified." Lyle Denniston has this post at "SCOTUSblog." Posted at 04:15 PM by Howard Bashman "Supreme Court rules juvenile life without parole cruel and unusual": David G. Savage of The Los Angeles Times has this news update. Online at The New Yorker, Rachel Aviv has a blog post titled "A Cruel and Unusual Sentence for A Fourteen-Year-Old Murderer." In the January 2, 2012 issue of the magazine, Aviv had a lengthy article headlined "No Remorse: Should a teen-ager be given a life sentence?" And New York University School of Law has issued a news release headlined "Bryan Stevenson achieves latest victory before Supreme Court." "Deal names Blackwell to state Supreme Court": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "Georgia's next Supreme Court justice will be a former prosecutor with strong conservative credentials, including a stint working on the state's challenge to the Obama administration's health care law." Posted at 03:58 PM by Howard Bashman "Justices will hear two Clean Water Act cases": Lawrence Hurley of Greenwire has this report. Posted at 03:54 PM by Howard Bashman "Supreme Court says states may not impose mandatory life sentences on juvenile murderers": Robert Barnes of The Washington Post has this news update. And The New York Times has a news update headlined "Justices Bar Mandatory Life Terms for Juveniles." "Supreme Court Declines to Revisit Citizens United": Adam Liptak of The New York Times has this news update. And Robert Barnes and Dan Eggen of The Washington Post have a news update headlined "Supreme Court throws out Montana ban on corporate campaign spending." "Supreme Court strengthens Citizens United decision with Montana ruling": The Los Angeles Times has this news update. Posted at 11:37 AM by Howard Bashman "Supreme Court rejects much of Arizona immigration law": Robert Barnes and N. C. Aizenmann of The Washington Post have this news update. David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court issues split decision on Arizona immigration law." The New York Times has a news update headlined "Supreme Court Upholds Key Part of Arizona Law." The Arizona Republic has a news update headlined "Arizona immigration law: Supreme Court upholds key portions of Senate Bill 1070; Three other parts of controversial immigration law ruled unconstitutional." The Arizona Daily Star has a news update headlined "Supreme Court upholds immigration checks by cops in Arizona." At Politico.com, Josh Gerstein has a report headlined "Supreme Court Arizona immigration ruling: Justices clear key part." And at "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "Supreme Court Narrows Arizona Immigration Law." "A Look Back at Court's Arguments on Health Care, Laugh Count Included": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times. Posted at 11:26 AM by Howard Bashman Bloomberg News is reporting: Greg Stohr reports that "Life Sentences For Young Murderers Limited By High Court"; "Arizona Immigration Law Partially Struck By High Court"; and "Comcast Gets U.S. High Court Hearing On Consumer Lawsuit." Greg Stohr and Julie Bykowicz report that "Corporate Campaign Spending Rights Affirmed By High Court." And Linda Sandler reports that "Madoff Investor Appeal Won't Be Heard By Supreme Court." Reuters is reporting: James Vicini and Jonathan Stempel report that "High Court upholds key part of Arizona immigration law." And Vicini also has articles headlined "Supreme Court rejects Montana campaign money limits" and "US top court won't hear Argentine debt default case." "Health care ruling expected on Thursday": The Associated Press has this report. Posted at 11:04 AM by Howard Bashman Access online today's Order List and rulings in argued cases of the U.S. Supreme Court: You can access today's Order List at this link. The Court today granted review in ten cases. You can access the 5-to-4 per curiam ruling in American Tradition Partnership, Inc. v. Bullock, No. 11-1179, at this link. Justice Stephen G. Breyer issued a dissent, in which Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan joined. And Justice Samuel A. Alito, Jr. issued a statement respecting the denial of the petitions for writs of certiorari in Mount Soledad Memorial Assn. v. Trunk, No. 11-998. The Court today issued two rulings in three argued cases. 1. Justice Kagan delivered the opinion of the Court in Miller v. Alabama, No. 10-9646. Justice Breyer issued a concurring opinion, in which Justice Sotomayor joined. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justices Antonin Scalia, Clarence Thomas, and Samuel A. Alito, Jr. joined. Justice Thomas also issued a dissenting opinion, in which Justice Scalia joined. And Justice Alito also issued a dissenting opinion, in which Justice Scalia joined. You can access the oral argument via this link. This ruling also decided the separately argued case of Jackson v. Hobbs, No. 10-9647. You can access the oral argument in Jackson via this link. 2. And Justice Anthony M. Kennedy delivered the opinion of the Court in Arizona v. United States, No. 11-182. Justices Scalia, Thomas, and Alito each issued an opinion concurring in part and dissenting in part. Justice Kagan did not take part in this ruling. You can access the oral argument via this link. In early news coverage, The Associated Press has reports headlined "Court: No more life without parole for juveniles"; "High court rejects part of Arizona immigration law"; "Court rejects corporate campaign spending limits"; "High court won't take up San Diego cross dispute"; "Court: Can EPA regulate mud from logging roads?"; and "Court won't hear Md. redistricting challenge." The Court has announced that its remaining rulings in argued cases will be delivered on Thursday, June 28th. "What happens when the court itself becomes the headline?" Dahlia Lithwick has this post online at Slate. Posted at 09:54 AM by Howard Bashman "Countdown To The Supreme Court's Ruling On Health Care": This audio segment featuring Nina Totenberg appeared on yesterday's broadcast of NPR's "Weekend Edition Sunday." Posted at 09:52 AM by Howard Bashman "Lyle Denniston, icon of Supreme Court press corps, on health care case and being older than the justices": At "The Ticket" site of Yahoo! News, Liz Goodwin has this blog post. Posted at 09:25 AM by Howard Bashman "Health care ruling looms as high court meets": The Associated Press has this report. And Greg Stohr of Bloomberg News has an article headlined "What To Look For In Court's Historic Health-Care Ruling." Sunday, June 24, 2012 "If ObamaCare survives, legal battle has just begun": Jonathan Adler and Michael Cannon will have this op-ed Monday in USA Today. Posted at 11:50 PM by Howard Bashman "On indecency, SCOTUS puts onus back on FCC": Politico.com has this report. Posted at 11:26 PM by Howard Bashman "Polarized Over Health Care, United on Drama of Ruling": This article will appear Monday in The New York Times. Monday's edition of The Washington Times will contain an article headlined "Spin doctors prepare to pounce on health care decision; Supreme Court ruling expected this week." And Politico.com reports that "All sides line up for court decision." "Federal Power at Issue in Key Cases; Supreme Court Rulings on Health Law, Immigration Likely to Determine Limits of Washington's Reach": Jess Bravin will have this article Monday in The Wall Street Journal. Tomorrow's newspaper will also contain an article by Janet Adamy and Jess Bravin headlined "Health-Law Guessing Game Grips the Capital." You can freely access the full text of both articles via Google News. "Lawyer for Gitmo detainees: 'Less hope now than ever.'" CNN.com has a report that begins, "David Remes used to be a partner at a top Washington law firm, but he left four years ago to defend, for free, prisoners at the U.S. military facility at Guantanamo Bay, Cuba." Posted at 09:06 PM by Howard Bashman "For Verrilli and other Supreme Court advocates, waiting may be the hardest part": This article will appear Monday in The Washington Post. And CNN.com reports that "All sides preparing for political fallout from health care decision." "For Obama, Supreme Court health-care, immigration rulings to close a tough term": Robert Barnes will have this article Monday in The Washington Post. And in Monday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Upcoming Supreme Court rulings may benefit both parties; The high court is set to hand down decisions this week on healthcare and immigration, and justices could rule in ways that would allow both the Obama administration and Republicans to claim victory." "Regardless of ObamaCare Decision, SCOTUSblog Has Already Won": Dan Diamond has this post at Forbes.com. Posted at 08:14 PM by Howard Bashman "Most Americans oppose health law but like provisions": Reuters has this report. And Jesse J. Holland of The Associated Press reports that "Court keeps upcoming health care decision secret." "Supreme Court on illegal immigration: Sides await ruling, prepare for battle." This article appears today in The Washington Post. And in today's edition of The Arizona Republic, columnist E. J. Montini has an essay entitled "SB 1070 rule: Heavy smoke, but no fire." "Under the U.S Supreme Court: To sniff or not to sniff." UPI has this report. Posted at 09:32 AM by Howard Bashman Saturday, June 23, 2012 "Supporters Slow to Grasp Health Law's Legal Risks": This article will appear Sunday in The New York Times. And Sunday's edition of The Patriot-News of Harrisburg, Pennsylvania will contain an article headlined "U.S. Supreme Court could be an issue in the election." "Supreme Court health-law ruling will only begin more debate": Michael Doyle and David Lightman of McClatchy Newspapers have this report. Sunday's edition of The Washington Post will contain an article headlined "Obama's legal tactics seen as possibly hurting chances to save health-care law." Richard Wolf of USA Today reports that "Supreme Court's health care decision could affect millions." And The Associated Press has reports headlined "Obama, Romney seek advantage on health care ruling" and "How stocks will fare in court ruling on health law." "The Court's Moment": Lincoln Caplan will have this essay in the Sunday Review section of tomorrow's edition of The New York Times. Posted at 07:34 PM by Howard Bashman "Race tinges debate over next Louisiana chief justice": The Associated Press has this report. Posted at 07:30 PM by Howard Bashman "With Elections Awash in Cash, There's Plenty of Blame to Go Around": Today's edition of The New York Times contains an article that begins, "David Axelrod, President Obama's political strategist, recently invoked a common perception about the 2012 campaign by blaming the Supreme Court for empowering 21st-century 'robber barons trying to take over the government.'" Posted at 03:12 PM by Howard Bashman "Putting On a Brave Face, but Preparing for Heartbreak on Health Care": Sunday's edition of The New York Times will contain an article that begins, "Late on Tuesday, March 27, halfway around the world, President Obama began one of the most suspenseful waits in recent presidential history." Posted at 01:10 PM by Howard Bashman "Can Everyone Please Lighten Up About the Supreme Court?" Law professor Stephen L. Carter has this essay online at Bloomberg News. Posted at 01:04 PM by Howard Bashman "Mississippi's Only Abortion Clinic at Risk as Law Nears": This article appears today in The New York Times. Posted at 09:22 AM by Howard Bashman Friday, June 22, 2012 "U.S. judge blocks Apple in Google smartphone war": Dan Levine and Jessica Dye of Reuters have this report. And c|net News reports that "Judges tosses Apple v. Motorola; Ruling says neither Apple nor Motorola has been able to prove damages in the patent tussle over iOS and Android and that neither company will be permitted to refile a claim." You can access today's ruling of Seventh Circuit Judge Richard A. Posner, sitting by designation, at this link. "Appeals Court Reaffirms Dismissal of Patton Boggs Suit Against Gibson Dunn, Chevron": At "The BLT: The Blog of Legal Times," Matthew Huisman has this post reporting on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today. Posted at 11:34 PM by Howard Bashman "Court revives ex-prosecutor Convertino's bid to unmask tipster": The Associated Press has this report. Reuters reports that "Court revives ex-prosecutor's suit against DOJ." And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Appeals Court Revives Former Prosecutor's Privacy Suit Against DOJ." You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. "Boland asserts that defense attorneys and expert witnesses are entitled to possess and digitally create child pornography for use in Ohio courtrooms." A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit, in an opinion issued today, has disagreed with that assertion. Posted at 10:34 PM by Howard Bashman "This case involves chewing gum that provides a cooling sensation when chewed." So states the second sentence of the majority opinion that a partially divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued today. Posted at 10:25 PM by Howard Bashman "Ninth Circuit Under More Fire from GOP Over Maui Conference": Todd Ruger has this post at "The BLT: The Blog of Legal Times." Posted at 06:02 PM by Howard Bashman "The fate of health care shouldn't come down to 9 justices. Try 19." Law professor Jonathan Turley will have this op-ed Sunday in The Washington Post. Posted at 05:49 PM by Howard Bashman "Empathy Applied -- Why President Obama will win the health care case." Law professor Douglas W. Kmiec has this post today at the "In All Things" blog of America: The National Catholic Weekly. Posted at 03:50 PM by Howard Bashman "SCOTUS Notebook: Hot Day Outside, Cool Day for Solicitor General." Mark Walsh has this post today at ABA Journal's "Law News Now" blog. Posted at 03:44 PM by Howard Bashman "Supreme Court Year in Review": Seventh Circuit Judge Richard A. Posner joins Dahlia Lithwick and Walter Dellinger as participants in this year's version of "The Breakfast Table" feature from Slate. Dellinger kicked-off the discussion earlier today with a post titled "Could the court's conservatives split the difference on Obamacare." "Supreme Court: U.S. Chamber Of Commerce Undefeated This Term." Mike Sacks of The Huffington Post has this report. Posted at 03:36 PM by Howard Bashman "What takes so long? Behind the scenes at top U.S. court." Joan Biskupic of Reuters has this report. Posted at 03:34 PM by Howard Bashman "Justices end cocaine dealers' legal limbo; The Supreme Court rules 5 to 4 that the Fair Sentencing Act, which relaxed mandatory prison terms, covers people who were charged but not yet sentenced when it became law in 2010": This article appears today in The Los Angeles Times. In today's edition of The Washington Post, Robert Barnes reports that "Supreme Court rules offenders covered by more lenient crack-cocaine sentences." And Jess Bravin of The Wall Street Journal has an article headlined "Court: Use New Drug Sentencing Rules for Crack Cases." "You Can't Say That": Law professor Michael W. McConnell will have this review of Jeremy Waldron's book "The Harm in Hate Speech" in the Sunday Book Review section of this Sunday's edition of The New York Times. Posted at 01:58 PM by Howard Bashman "Justices Deal Blow to Public Unions": Jess Bravin has this article today in The Wall Street Journal. In today's edition of The Los Angeles Times, David G. Savage reports that "Supreme Court rules against union on nonmember fees for politics; The Supreme Court justices enter the national debate over public-sector unions, ruling against the California SEIU's use of nonmembers' money to fund special political campaigns." Bob Egelko of The San Francisco Chronicle reports that "Union's fees found to violate nonmembers' rights." On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "High Court Decision A Blow To Public Sector Unions." And at the First Amendment Center, Tony Mauro has a news analysis headlined "Union-dues ruling is real free-speech landmark." Programming note: Meetings with appellate clients -- one concerning a new appeal, the other concerning an oral argument that I will be presenting next Tuesday -- will have me away from the computer for a bit. Additional posts will appear here this afternoon. Posted at 08:00 AM by Howard Bashman "Court: Feds improperly seized unearthed cash." The Associated Press has this report. My earlier coverage of yesterday's Sixth Circuit ruling appears at this link. "Temple of Silence: Why SCOTUS leaks less than the CIA." Law professor Jack Goldsmith will have this essay in the July 12, 2012 issue of The New Republic. Posted at 07:06 AM by Howard Bashman "Chief Justice Offers Hint at New Timing for Health Care Ruling": Adam Liptak has this article today in The New York Times. The newspaper also contains articles headlined "Billions of Dollars Are in Play Over Health Care Law" and "Insurers Seek to Soften Their Image, No Matter How Court Rules on Health Act." Bloomberg News reports that "Law Experts Say Health Measure Legal As Some Doubt Court Agrees." Politico.com reports that "Health-care reform opponents ready to celebrate." Ariane de Vogue of ABC News has an article headlined "How the Supreme Court's Health Care Decision Affects You." Today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Why Many Young Adults Might Lose Coverage If Health Law Falls." And Gallup has issued a news release headlined "Gallup Editors: Americans' Views on the Healthcare Law; Americans are at best divided in support for law." Thursday, June 21, 2012 "Opinion recap: Easing the 'crack' disparity." Lyle Denniston has this post at "SCOTUSblog." Posted at 07:22 PM by Howard Bashman "Boehner says no gloating if health law struck down": The Associated Press has this report. Posted at 06:10 PM by Howard Bashman "Corporations Win Criminal-Fine Limits In Top Court Ruling": Greg Stohr of Bloomberg News has this report. Posted at 06:07 PM by Howard Bashman "DOMA appeal due this month": At "SCOTUSblog," Lyle Denniston has a post that begins, "The House GOP leaders have told a federal court in Connecticut that they plan to go to the Supreme Court by the end of this month with a plea to rule on the constitutionality of the 1996 federal law that bans federal marriage benefits for same-sex couples who are legally married -- a ban that those lawmakers support." Posted at 05:02 PM by Howard Bashman "Opinion recap: TV indecency policy awaits next round." Lyle Denniston has this post at "SCOTUSblog." Posted at 03:20 PM by Howard Bashman "Supreme Court rules against union on nonmember fees": James Vicini of Reuters has this report. Posted at 03:20 PM by Howard Bashman "In hazardous-waste case, justices rule juries must decide criminal fines": Lawrence Hurley of Greenwire has this report. Posted at 03:17 PM by Howard Bashman "Supreme Court Refuses to Say S*** About Legality of Cursing On TV": David Kravets has this post at Wired.com's "Threat Level" blog. Posted at 01:52 PM by Howard Bashman "ABA Urges Senate to Vote on Appellate Judicial Nominees": Todd Ruger has this post at "The BLT: The Blog of Legal Times." And the American Bar Association has issued a news release headlined "ABA Urges Senate Action to Confirm Nominees to the Federal Circuit Court of Appeals." You can access the ABA's letter at this link. James Vicini of Reuters is reporting: He has articles headlined "Supreme Court rules for pipeline operator on penalty" and "Supreme Court extends more lenient penalties in crack cocaine case." Posted at 01:38 PM by Howard Bashman Dissenting Ninth Circuit Judge channels "The Twilight Zone": You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Posted at 01:28 PM by Howard Bashman "Supreme Court Rejects F.C.C. Fines for Indecency": Adam Liptak of The New York Times has this news update. Robert Barnes of The Washington Post has a news update headlined "Supreme Court overturns FCC sanctions on networks, sidesteps larger issue." David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court opts for narrow ruling on TV decency, rejects fines." And James Vicini of Reuters reports that "Court rules against FCC in TV profanity, nudity cases." "In a fact pattern befitting a John Grisham novel, FBI agents found a cooler filled with more than $250,000 in cash buried at a private golf course outside Cincinnati." So begins an interesting opinion that Circuit Judge Jeffrey S. Sutton issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit. Posted at 11:33 AM by Howard Bashman "Supreme Court lets networks off the hook for 'fleeting expletives'": Michael Doyle of McClatchy Newspapers has this report. And Mike Sacks of The Huffington Post reports that "Supreme Court Overturns Fleeting Expletives Ruling, Ducks Larger Issues." "SCOTUS Reporters Make Their Decision-Day Strategies, Entertain Speculation on Case Outcomes": Mark Walsh has this post at ABA Journal's "Law News Now" blog. Posted at 10:35 AM by Howard Bashman Access online today's rulings of the U.S. Supreme Court in argued cases: The Justices announce rulings in reverse order of seniority (from most junior to most senior, ending with the Chief Justice) based on the Justice who wrote the majority opinion or the opinion announcing the judgment of the Court. The Court today issued four rulings in argued cases. 1. Justice Sonia Sotomayor delivered the opinion of the Court in Southern Union Co. v. United States, No. 11-94. Justice Stephen G. Breyer issued a dissenting opinion, in which Justices Anthony M. Kennedy and Samuel A. Alito, Jr. joined. You can access the oral argument via this link. 2. Justice Alito delivered the opinion of the Court in Knox v. Service Employees, No. 10-1121. Justice Sotomayor issued an opinion concurring in the judgment, in which Justice Ruth Bader Ginsburg joined. Justice Breyer issued a dissenting opinion, in which Justice Elena Kagan joined. You can access the oral argument via this link. 3. Justice Breyer delivered the opinion of the Court in Dorsey v. United States, No. 11-5683. Justice Antonin Scalia issued a dissenting opinion, in which the Chief Justice and Justices Alito and Clarence Thomas joined. You can access the oral argument via this link. 4. Justice Kennedy delivered the opinion of the Court in FCC v. Fox Television Stations, Inc., No. 10-1293. Justice Ginsburg issued an opinion concurring in the judgment. And Justice Sotomayor did not take part in the ruling. You can access the oral argument via this link. In early news coverage, The Associated Press has reports headlined "High court throws out FCC indecency policy"; "High court throws out Southern Union's $18M fine"; "Court: Use new drug sentencing law in crack cases"; and "Court: Union must give fee increase notice." "Spain Supreme Court judge resigns over beach trips": The Associated Press has this report. Posted at 09:56 AM by Howard Bashman "Not Just Insurance Is at Stake; Supreme Court Ruling Will Affect a Wide Range of Firms Beyond Health Sector": This article appears today in The Wall Street Journal. And The New York Times reports today that "Distaste for Health Care Law Reflects Spending on Ads." Wednesday, June 20, 2012 "California to lose big if Supreme Court scraps U.S. healthcare law; The state, one of the biggest beneficiaries of the Affordable Care Act, would lose out on as much as $15 billion annually in new federal money slated to come its way": This article appears today in The Los Angeles Times. Posted at 10:36 PM by Howard Bashman "High Court Rules in Two Indian Cases Affecting Education Aid": Mark Walsh has this post at the "School Law" blog of Education Week. Posted at 09:56 PM by Howard Bashman "Plaintiff Crystal Ludwig is an exotic dancer challenging the nudity ordinances of Van Buren Township under 42 U.S.C. sec. 1983." So begins an opinion that the U.S. Court of Appeals for the Sixth Circuit issued today. And if that's not tantalizing enough, the outcome of the case is determined by claim preclusion. Posted at 08:35 PM by Howard Bashman "The holdings and implications of Williams v. Illinois": Jeffrey Fisher has this post today at "SCOTUSblog." Posted at 08:30 PM by Howard Bashman "Judge grills Apple in Google smartphone case; Injunction against Motorola would be 'catastrophic' -- judge; Judge Richard Posner says U.S. patent system is 'chaos'; Apple says court order would ensure even playing field": Dan Levine of Reuters has this report. Posted at 07:52 PM by Howard Bashman Programming note: Due to a college visit that will have me in Lewisburg, Pennsylvania today, additional posts will appear here this evening. Posted at 09:42 AM by Howard Bashman "Poll: Vast support for new health care effort." Mark Sherman of The Associated Press has this report. Posted at 09:40 AM by Howard Bashman "Border-Zone Laptop Search Has Court Looking for Line to Draw": Scott Graham of The Recorder has this report. Posted at 06:44 AM by Howard Bashman "State Bar says let illegal immigrant practice law": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 06:40 AM by Howard Bashman Tuesday, June 19, 2012 Trepal's court: According to an opinion that a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today, "In 1991, a Florida jury convicted Trepal, a sophisticated chemist and Mensa member, of murdering his neighbor Peggy Carr and attempting to murder six other members of Carr's family. Trepal poisoned the victims by adding the toxic element thallium to bottles of Coca-Cola in the Carrs' home." Posted at 11:05 PM by Howard Bashman "Pfizer Paid $896 Million In Prempro Settlements": Jef Feeley of Bloomberg News has this report. Posted at 10:50 PM by Howard Bashman "School chaplaincy program is 'constitutionally invalid': High Court." The Sydney Morning Herald has this news update. And The Associated Press reports that "Australia court rejects gov't-funded chaplain work." You can access Wednesday's ruling of the High Court of Australia at this link. The court also issued this summary of its ruling. "How Much Should Judges Be Paid? An Empirical Study on the Effect of Judicial Pay on the State Bench." James M. Anderson and Eric Helland have this article in the May 2012 issue of the Stanford Law Review. Posted at 10:42 PM by Howard Bashman "Gene patent rematch: Myriad, ACLU and DOJ file new briefs." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. Posted at 10:37 PM by Howard Bashman "Avoiding Confrontation with DNA": Brandon L. Garrett has this post at "ACSblog." And at "The Confrontation Blog," Richard D. Friedman has a post titled "Thoughts on Williams, Part I: Reasons to Think the Impact May be Limited." "How Much Will the Ruling in the Health Care Case Matter?" Orin Kerr has this blog post at "The Volokh Conspiracy." Update: And, a short time later, he also has a post titled "If You Wanted to Read the Tea Leaves of Justice Ginsburg's Speech at the ACS." "The Supreme Court Is Not American Idol": Former Third Circuit Judge H. Lee Sarokin has this blog entry at The Huffington Post. Posted at 04:32 PM by Howard Bashman Reuters announces plan to live-blog forthcoming U.S. Supreme Court decisions: As announced on Twitter earlier today, Reuters has unveiled a web page promising live coverage of U.S. Supreme Court rulings. Posted at 03:50 PM by Howard Bashman But have they gone duck hunting together? In the latest entry in "Summary Judgments for June 19," Carlyn Kolker of Thomson Reuters News & Insight notes a recusal order entered yesterday at the direction of a judge serving on the U.S. Court of Appeals for the Second Circuit. Posted at 03:40 PM by Howard Bashman "The G.O.P.'s Abortion Problem": Jeffrey Toobin has this blog post online today at The New Yorker. Posted at 02:33 PM by Howard Bashman "Scalia and Garner Release 567-Page Tome on Legal Writing": Richard Brust has this post at the ABA Journal's "Law News Now" blog. Posted at 01:37 PM by Howard Bashman In deciding whether to certify a class action, when should a federal district judge defer, based on principles of comity, to colleague's earlier ruling denying a motion for certification of a similar class? Circuit Judge Richard A. Posner considers the answer to that question in an opinion that the U.S. Court of Appeals for the Seventh Circuit issued today. Of course, Judge Posner's opinion takes a close look at the U.S. Supreme Court's ruling last Term in Smith v. Bayer Corp. "Georgia Supreme Court grants new malpractice trial in disabled girl's 1998 birth at St. Mary's": This article appears today in The Athens Banner-Herald. And in today's edition of The Atlanta Journal-Constitution, Bill Rankin has an article headlined "Court says disabled child can attend trial" that begins, "The Georgia Supreme Court on Monday ruled a judge was wrong to exclude a girl from a trial out of concern her physical and mental disabilities could sway the jury." You can access yesterday's ruling of the Supreme Court of Georgia at this link. "Senators Urge Supreme Court to Allow Live Broadcast of Health Care Decisions": Todd Ruger has this post at "The BLT: The Blog of Legal Times." And The Hill has a blog post titled "Sens. Leahy, Grassley call on Supreme Court to televise healthcare ruling." You can view the letter at this link. "High Court Pares Right to Challenge Lab-Test Evidence": Jess Bravin has this article today in The Wall Street Journal. And online at The Atlantic, Andrew Cohen has an essay entitled "The Supreme Court Splinters Apart Over the Confrontation Clause." "Federal judges defend Maui conference as cost-effective": FoxNews.com has this report. And The Hill has a blog post titled "9th Circuit: Hawaii trip needed to foster 'personal interaction' among judges." "Why Are Americans Losing Trust in the Supreme Court?" Law professor Barry Friedman has this essay online at The Nation. Posted at 08:52 AM by Howard Bashman "Immigration ruling won't be end of the road": Joan Biskupic of Reuters has this report. Posted at 08:50 AM by Howard Bashman "Millions still go without insurance if law passes": The Associated Press has this report. Posted at 08:47 AM by Howard Bashman "WA state budget cuts divide 9th Circuit": Terry Baynes of Reuters has this report on an order denying rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued yesterday. Posted at 08:45 AM by Howard Bashman Monday, June 18, 2012 "Legal community mourns Utah Supreme Court clerk's death": The Salt Lake Tribune has this news update. And The Deseret News has an update headlined "Utah Supreme Court clerk of the court killed in motorcycle accident." "No Majority Rationale in Crime Lab Testimony Ruling": Adam Liptak will have this article Tuesday in The New York Times. And in Tuesday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court split over defendants' rights to confront lab analysts." "Pa. hate crime verdicts in immigrant death upheld": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today. Posted at 07:26 PM by Howard Bashman "Federal Circuit takes willfulness out of jurors' hands": Terry Baynes has this report at Alison Frankel's "On the Case" from Thomson Reuters News & Insight. Posted at 07:24 PM by Howard Bashman "Justices Back Drug Industry on Overtime": Adam Liptak will have this article Tuesday in The New York Times. And Robert Barnes of The Washington Post has a news update headlined "Supreme Court says drug company representatives are 'salesmen.'" "Supreme Court backs away on courtroom 'confrontation right' issue": David G. Savage of The Los Angeles Times has this news update. And Nina Totenberg of NPR reports that "Supreme Court Sides With Illinois In DNA Case." "AP sources: Administration mulls pared health law." The Associated Press has this report. Posted at 05:14 PM by Howard Bashman "New York to close loophole over viewing child pornography": Reuters has a report that begins, "In response to a recent ruling by the state's high court, New York Governor Andrew Cuomo and state lawmakers have agreed to pass legislation that would outlaw the viewing of child pornography." Posted at 05:10 PM by Howard Bashman "Interior loses two tribal cases in 'bad day for the government'": Lawrence Hurley of Greenwire has this report. Posted at 03:58 PM by Howard Bashman "Discrimination, Preemption, and Arizona's Immigration Law: A Broader View." Lucas Guttentag has this essay today at Stanford Law Review Online. Posted at 02:47 PM by Howard Bashman "Opinion recap: Promises must be kept." Lyle Denniston has this post at "SCOTUSblog." Posted at 01:27 PM by Howard Bashman "Any Court Health Care Decision Unlikely to Please; Immigration: Public Backs AZ Law, But Also Path to Citizenship." The Pew Research Center for the People & the Press issued this news release today. You can also access online the complete report and survey results. Posted at 01:25 PM by Howard Bashman Seventh Circuit affirms rejection of antitrust challenge to NCAA regulations capping the number of athletic scholarships given per team and the prohibition of multi-year athletic scholarships: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link. Update: Terry Baynes of Reuters reports that "Injured student athletes lose bid to revive NCAA suit." "Health Care Challenges: Supreme Court Decision Expected in Late June." Ariane de Vogue of ABC News has this report. Posted at 01:02 PM by Howard Bashman "Supreme Court rejects DNA lab test analyst questioning": James Vicini of Reuters has this report. Posted at 01:00 PM by Howard Bashman "Feds to seek death penalty against accused RI killer Pleau": The Providence Journal has this news update. The newspaper has posted the federal government's notice at this link. And The Associated Press reports that "US to seek death penalty for RI man in legal fight." "Justices Decline Review of K-12 Race Case": Mark Walsh has this post at the "School Law" blog of Education Week. Posted at 12:17 PM by Howard Bashman "Circuit's Maui Meeting Cost: Is it the Wrong Question?" Pamela A. MacLean has this post at her "Trial Insider" blog. Posted at 12:15 PM by Howard Bashman "Drugmakers Don't Owe Sales Force Overtime, Top Court Says": Greg Stohr of Bloomberg News has this report. And James Vicini of Reuters reports that "U.S. top court rules for Glaxo on overtime pay." "Resort community wins alligator-attack case": Bill Rankin of The Atlanta Journal-Constitution has this news update. And The Savannah Morning News has an update headlined "State Supreme Court rules with The Landings in alligator attack." You can access today's 4-to-3 ruling of the Supreme Court of Georgia at this link. Access online today's Order List and rulings in argued cases of the U.S. Supreme Court: You can access today's Order List at this link.The Court granted review in one case. And Justice Sonia Sotomayor issued a dissent from the denial of certiorari in Fairey v. Tucker, No. 11-7185. The Court also issued four rulings in argued cases. 1. Justice Elena Kagan delivered the opinion of the Court in Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, No. 11-246. Justice Sotomayor issued a dissenting opinion. You can access the oral argument via this link. 2. Justice Sotomayor delivered the opinion of the Court in Salazar v. Ramah Navajo Chapter, No. 11-551. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justices Ruth Bader Ginsburg, Stephen G. Breyer, and Samuel A. Alito, Jr. joined. You can access the oral argument via this link. 3. Justice Alito announced the judgment of the Court in Williams v. Illinois, No. 10-8505. The Chief Justice and Justices Anthony M. Kennedy and Breyer joined in Justice Alito's opinion. Justice Clarence Thomas issued an opinion concurring in the judgment. And Justice Kagan issued a dissenting opinion, in which Justices Antonin Scalia, Ginsburg, and Sotomayor joined. You can access the oral argument via this link. 4. Justice Alito delivered the opinion of the Court in Christopher v. SmithKline Beecham Corp., No. 11-204. Justice Breyer issued a dissenting opinion, in which Justices Ginsburg, Sotomayor, and Kagan joined. You can access the oral argument via this link. In early news coverage, The Associated Press reports that "High court sides with state in DNA case"; "High court says no OT pay for drug sales reps"; "Supreme Court says tribes must be fully reimbursed"; and "Court won't stop lawsuit against tribal casino." "Idaho woman's case marks a key abortion challenge; The plaintiff aborted her fetus at home after about 20 weeks, using pills purchased over the Internet from an out-of-state doctor; She represents a discomfiting situation for both sides of the debate as her civil suit takes on the state's strict laws": Yesterday's edition of The Los Angeles Times contained this article. Posted at 08:46 AM by Howard Bashman "'Citizens United' Gets Renewed Scrutiny": This audio segment appeared on today's broadcast of NPR's "Morning Edition." Posted at 07:46 AM by Howard Bashman "Health-Care Ruling Cloaked In Court Secrecy Spurs Guessing Game": Greg Stohr of Bloomberg News has this report. Politico.com reports that "Media preps for health care ruling." The Hill has a blog post titled "Supreme Court police prepared for ruling on healthcare reform law." The Omaha World-Herald reports today that "Both sides mobilize for health care ruling." And Kaiser Health News has an article headlined "Uninsured And Unaware Of Supreme Court Case Against Health Law." Sunday, June 17, 2012 "Why Obama Shouldn't Campaign Against the Supreme Court": In the June 25, 2012 issue of Newsweek, Jeff Shesol will have an essay that begins, "Sometime during the next week or two, the justices of the Supreme Court will file through the red velvet curtain of the courtroom, take a seat in their high-backed leather chairs, reconfigure the electoral landscape, and promptly go on summer vacation. Such is the judicial prerogative, and it's nice work if you can get it." And Politico.com has a report headlined "Jim DeMint warns of high court 'slap in the face.'" "Justices could split over decency, FCC case": Politico.com has this report. Posted at 10:00 PM by Howard Bashman "Supreme Court review of health care under microscope (and stopwatch)": Robert Barnes will have this article Monday in The Washington Post. In addition, Washington Post columnist Robert J. Samuelson has an op-ed entitled "The folly of Obamacare." And at Politico.com, Tom Daschle has an essay entitled "Health insurance isn't like broccoli." "Alabama law drives out illegal immigrants but also has unexpected consequences": This article will appear Monday in The Washington Post. Posted at 08:57 PM by Howard Bashman "Why I No Longer Support the Health Insurance Mandate: Should ObamaCare be overturned by the Supreme Court, insurers have solutions ready to go." Ron Williams, former chairman and CEO of Aetna, will have this op-ed Monday in The Wall Street Journal. You can freely access the full text of the op-ed via Google News. "Health care ruling voiding mandate could unravel law; Requirement to buy coverage undergirds other provisions": The Washington Times has this report. Posted at 07:16 PM by Howard Bashman "Life After the Health Care Ruling": The New York Times has posted online this "Room for Debate" discussion this evening. Posted at 06:50 PM by Howard Bashman "Ariz. law expected to prompt suits from both sides": The Associated Press has a report that begins, "Police agencies that would enforce the most controversial part of Arizona's 2010 immigration law are expected to get squeezed by legal challenges from opposite sides if the U.S. Supreme Court upholds the law in the coming days." Posted at 06:47 PM by Howard Bashman "Undoing Citizens United, the DIY guide": Monika Bauerlein and Clara Jeffery have this article in the July/August 2012 issue of Mother Jones. Posted at 04:12 PM by Howard Bashman "Republicans, Democrats jockey before Supreme Court health-care ruling; The political world is waiting for the Supreme Court to hand down its ruling on President Obama's sweeping reform of the health-insurance system; A decision could come as early as Monday": Linda Feldmann of The Christian Science Monitor has this report. Posted at 04:00 PM by Howard Bashman "Under the U.S. Supreme Court: Lesson learned -- don't touch a politician." Michael Kirkland of UPI has this report. Posted at 02:03 PM by Howard Bashman "Bloggers fret over SCOTUS, Kennedy": Politico.com has this report. Posted at 02:00 PM by Howard Bashman "Supreme Court's Super Mondays Don't Serve Justice": Law professor Noah Feldman has this essay online at Bloomberg News. Posted at 01:58 PM by Howard Bashman "Looming health care ruling will be among Supreme Court's most important": Bill Mears of CNN.com has this report. And The Associated Press has a report headlined "GOP on health care: Repeal quickly, replace slowly." Saturday, June 16, 2012 "Washington state provides case study on effects of heath-care reform": Sunday's edition of The Washington Post will contain an article that begins, "If the Supreme Court overturns the health-care reform law's individual mandate -- a decision that could come as soon as Monday -- it won't be totally unknown territory. For Washington state, it would be quite familiar." And Sunday's edition of The Chicago Tribune will contain an article headlined "AMA wants higher Medicare payments; Doctors' group hones lobbying priorities at annual meeting as it awaits ruling on health care law." "Sam Ervin IV blasts super PAC supporting opponent Paul Newby": The News & Observer of Raleigh, North Carolina has a blog post that begins, "Democrat Sam Ervin IV called for Democrats to reject ideologue judges beholden to partisan donors as he blasted a super PAC formed to help his state Supreme Court opponent Paul Newby." Posted at 08:36 PM by Howard Bashman "Possible outcomes in pivotal health care law case": The Associated Press has this report. USA Today has an article headlined "Supreme court ruling won't stop push to control health costs." CNNMoney reports that "For 20-somethings, health care hangs in the balance." Today's edition of The Wall Street Journal contains an editorial entitled "GOPCare: The Republican vacuum as the Supreme Court prepares to rule." And online at The New Yorker, Hendrik Hertzberg has a broccoli-themed blog post titled "Vegged Out." "Federal appeals court defends plan to host conference in Maui": Howard Mintz of The San Jose Mercury News has this update. My most recent earlier coverage, from last night, can be accessed here. "USS Cole case defense lawyers want chief Guantanamo judge removed; The motion was under seal this weekend, but the lawyers argue he has a career motive to keep the case alive, as well as no capital trial experience": Carol Rosenberg of The Miami Herald has this report. Posted at 12:10 PM by Howard Bashman "Explaining Muppet Theory: Are You An Ernie Or A Bert?" This audio segment featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Weekend Edition Saturday." Posted at 08:44 AM by Howard Bashman "Supreme Court's perception gap: High court's judges only have eyes for the Constitution." Oklahoma Attorney General Scott Pruitt has this essay online at The Washington Times. Posted at 08:42 AM by Howard Bashman "Justice Ginsburg suggests 'sharp disagreement' over hot-button cases": Bill Mears of CNN.com has this report. Posted at 08:37 AM by Howard Bashman "Texas Supreme Court agrees to review libel law": In today's edition of The Austin American-Statesman, Chuck Lindell has an article that begins, "The Texas Supreme Court agreed Friday to review a libel case that could substantially affect the way news media report on controversies." Posted at 08:33 AM by Howard Bashman Friday, June 15, 2012 "Unleash the high court": Columnist George F. Will has this essay online at The Washington Post. Posted at 11:25 PM by Howard Bashman "U.S. Court of Appeals removes federal judge from two cases, including Paul Bergrin's trial": The Star-Ledger of Newark, New Jersey has this news update. The Bergen County (N.J.) Record has a news update headlined "Case reassigned for former lawyer Paul Bergrin who is accused of murder." And The Associated Press reports that "Appeals court removes judge from NJ attorney's murder case after government makes bias claim." You can access today's ruling of the U.S. Court of Appeals for the Third Circuit in the Bergrin case here and today's ruling in the other case reassigned here. "Ninth Circuit Issues Response on Circuit Conference": Ninth Circuit Chief Judge Alex Kozinski today sent this 13-page letter to the Ranking Members of the Senate Judiciary and Senate Budget Committees about the Ninth Circuit's upcoming Judicial Conference in Maui, Hawaii. A related statement from Circuit and Court of Appeals Executive Cathy A. Catterson can be accessed here. "Ginsburg pokes fun at health care guessing game": The Associated Press has this report. And Politico.com reports that "On eve of health ruling, Ruth Bader Ginsburg predicts 'sharp disagreement.'" "Federal appeals court rules for Rumsfeld in Iraq torture suit": James Vicini of Reuters has this report. Pete Yost of The Associated Press reports that "Court rejects US citizen's suit over detention." And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "D.C. Circuit Rejects U.S. Citizen's Torture Suit." You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. "Gupta appeal will be 'very difficult,' Holwell says": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. Posted at 05:32 PM by Howard Bashman "McConnell decries efforts to undo 'Citizens United'": Todd Ruger has this post at "The BLT: The Blog of Legal Times." Posted at 05:20 PM by Howard Bashman "The Thurmond Rule": Today at the "Taking Note" blog of The New York Times, Andrew Rosenthal has a post that begins, "Senate Minority Leader Mitch McConnell announced this week that he is imposing a blockade on President Obama's nominations to the circuit courts." Posted at 05:18 PM by Howard Bashman "In Health Care Ruling, Vast Implications for Medicaid": Robert Pear will have this article Saturday in The New York Times. Posted at 05:16 PM by Howard Bashman "Federal appeals court upholds one of longest prison sentences in Alameda County history": Howard Mintz of The San Jose Mercury News has this update reporting on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today. Posted at 02:44 PM by Howard Bashman "In second book, Scalia, Garner warn judicial decisions leading to 'descent into social rancor'": Tony Mauro of The National Law Journal has this report. Posted at 01:30 PM by Howard Bashman "Carter honored for appointing women, African Americans to the federal bench": This article appears today in The Atlanta Journal-Constitution. Posted at 01:09 PM by Howard Bashman "Reading Scalia's New Book for Hints on Health Care Ruling": Adam Liptak will have this article in Saturday's edition of The New York Times. Posted at 01:07 PM by Howard Bashman "Montana -- big sky, clean politics: Can the state preserve its limits on corporate money in elections?" Montana Attorney General Steve Bullock has this op-ed today in The Los Angeles Times. Posted at 01:00 PM by Howard Bashman "In New Book, Scalia and Garner Attack Unprincipled Judicial Opinions": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 12:54 PM by Howard Bashman "Supreme Court Justice Speaks at American Constitution Society Conference": As noted here, C-SPAN intends to provide live coverage at 6 p.m. eastern time this evening. Posted at 08:06 AM by Howard Bashman "Pelosi confident court will back health care law": The Associated Press has this report. And Bloomberg News reports that "Uninsured Angst Swells on U.S. Health Ruling." "9th Circuit backs California laws against one-stop eyewear stores": Denny Walsh and Sam Stanton have this article today in The Sacramento Bee. My earlier coverage of Wednesday's Ninth Circuit ruling appears at this link. "Trial lawyers, anti-abortion group stymie judicial-selection bill": Today's edition of The Philadelphia Inquirer contains an article that begins, "Only weeks after the indictment of State Supreme Court Justice Joan Orie Melvin on campaign-finance law violations, a legislative bid to end the partisan election of appellate judges has come to an abrupt halt because of opposition by trial lawyers, anti-abortion activists, and others." Posted at 07:55 AM by Howard Bashman "Supreme Court mulls revisiting state campaign spending restrictions": Bill Mears of CNN.com has this report. Posted at 07:50 AM by Howard Bashman "John Roberts' Memoranda re: the Intercircuit Tribunal Proposal (1983)." Law professor Kyle Graham has this post at his blog, "noncuratlex.com." Posted at 07:42 AM by Howard Bashman Thursday, June 14, 2012 "White House, lawmakers prepare for Supreme Court ruling on Obama's health-care law": This article will appear Friday in The Washington Post. Posted at 11:30 PM by Howard Bashman "Kiobel brief shows State/DOJ split over human rights litigation": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. Posted at 06:02 PM by Howard Bashman "Grassley Wants Roll Call Vote on Already-Confirmed Ninth Circuit Nominee": Todd Ruger has this post at "The BLT: The Blog of Legal Times." Update: A reader emails to point out that Senator Grassley announced on the floor of the U.S. Senate yesterday that 39 Republican Senators would have voted against confirmation, thereby resolving this controversy. "Who will argue for shareholders in Amgen case at Supreme Court?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. Posted at 05:12 PM by Howard Bashman "Judge gives Apple reprieve in patent case versus Google": Dan Levine of Reuters has this report. Posted at 05:08 PM by Howard Bashman "Media Groups Ask Supreme Court to Allow Live Broadcast Coverage of Health Care Ruling": Tony Mauro has this post at "The BLT: The Blog of Legal Times." The Reporters Committee for Freedom of the Press has issued a news release titled "Media coalition asks U.S. Supreme Court to allow audio, video coverage of health-care reform opinion." You can access the media coalition's letter at this link. Update: At "SCOTUSblog," Lyle Denniston has a post titled "Plea to allow health care broadcast". And The Associated Press reports that "News media ask court to air health care ruling." "GOP blocks judicial nominees in Senate": Politico.com has this report. And at "The Plum Line" blog of The Washington Post, Jonathan Bernstein has an entry titled "Mitch McConnell's choice: Justice delayed, and delayed, and delayed." "D.C. Circuit to Hear Dispute Over Drones in September": Mike Scarcella has this post at "The BLT: The Blog of Legal Times." Posted at 03:38 PM by Howard Bashman "Top court hearing landmark spousal abuse case": CBC News has a report that begins, "The Supreme Court of Canada is hearing arguments Thursday on whether victims of domestic abuse can hire a hit man to kill their partners, a controversial issue which tests the limits of the defence of duress." Posted at 01:42 PM by Howard Bashman "The Court Retreats on Habeas": This editorial appears today in The New York Times. Posted at 01:35 PM by Howard Bashman "U.S. Supreme Court: Never mind the 9. Meet the 36." Terry Baynes of Reuters has an article that begins, "With a ruling expected soon in the landmark U.S. healthcare case, Supreme Court watchers have scoured the landscape for clues about how the nine justices will vote. But they left one stone unturned. Make that 36. That is the number of law clerks who serve the justices, do their research, help draft their opinions and exert a not insignificant influence on their thinking." Posted at 01:33 PM by Howard Bashman "Bridgewater same-sex marriage case likely heading to Supreme Court; High Court could decide whether to take case by October": The Bridgewater (Mass.) Independent has an article that begins, "If the U.S. Supreme Court overturns the Defense of Marriage Act, Nancy Gill of Bridgewater plans to travel to Washington D.C. to celebrate the ruling in the historic case that bears her name, Gill v. Office of Personnel Management." Posted at 01:28 PM by Howard Bashman "The Money Crisis: How Citizens United Undermines Our Elections and the Supreme Court." Russ Feingold has this essay at Stanford Law Review Online. Posted at 01:20 PM by Howard Bashman "Mo. lawyer: KKK has a strong case; Free speech rules doomed Missouri's efforts to stop Klan's highway adoption, but Georgia may have a way out." The Daily Report of Fulton County, Georgia has an article that begins, "The Missouri lawyer who successfully represented a Ku Klux Klan group in its fight to adopt a stretch of Show-Me State highway several years ago said Wednesday that Georgia is positioned to fail if its denial of a similar application is challenged in court." Posted at 01:18 PM by Howard Bashman "Obama chooses LHS grad for D.C. appeals court": Earlier this week, The Lawrence (Kan.) Journal-World had an article that begins, "President Barack Obama has nominated 1985 Lawrence High School graduate Sri Srinivasan to serve on the U.S. Court of Appeals for the District of Columbia Circuit." Posted at 01:14 PM by Howard Bashman "Patrick Leahy Vows to Keep Pushing Judicial Nominees": Roll Call has this report. Posted at 12:57 PM by Howard Bashman "Parties Strategize for Dealing With Supreme Court Decision on Health Care": This article will appear Friday in The New York Times. Posted at 12:55 PM by Howard Bashman "Scores in N.C. are legally 'innocent,' yet still imprisoned": Brad Heath has this article today in USA Today. Posted at 11:08 AM by Howard Bashman "GOP Begins Judge Blockade": Roll Call has a report that begins, "With less than four and a half months until Election Day, Senate Republicans are shutting off the bipartisan spigot when it comes to confirming President Barack Obama's nominees to the nation's top courts and will present a unified front against his circuit court picks through November." Posted at 10:38 AM by Howard Bashman "Judicial Commission's first vote on Prosser complaint was unanimous": In today's edition of The Milwaukee Journal Sentinel, Patrick Marley and Alison Bauter have an article that begins, "The state Judicial Commission was unanimous in its decision to file an ethics complaint against Justice David Prosser in January, then split 3-3 a month later on whether to reconsider the decision, newly released records show." Posted at 08:07 AM by Howard Bashman "Kennedy's Pivotal Vote Focuses On Freedom As Court Ruling Looms": Greg Stohr of Bloomberg News has this report. And online at Slate, Dahlia Lithwick has a jurisprudence essay entitled "Why Justice Kennedy Is Just Like America: He may seem mercurial, but he is actually the original independent swing-state voter." "Corporate Cash In State Elections Gets U.S. High Court Scrutiny": Bloomberg News has a report that begins, "The U.S. Supreme Court is poised to reopen the debate over a 2010 ruling that unleashed super-PACs and left federal elections awash in money from big spenders." Posted at 07:58 AM by Howard Bashman "Interrobang in a Seventh Circuit Opinion?" Eugene Volokh has this post at "The Volokh Conspiracy." Terry Baynes of Reuters has an article headlined "Sears lawsuit only benefits plaintiffs' lawyers -- 7th Circuit." And at Forbes.com, Daniel Fisher has a blog post titled "Easterbrook Strikes Again, Slamming Flimsy Derivative Suit." My earlier coverage of yesterday's Seventh Circuit ruling appears at this link. "How Broccoli Landed on Supreme Court Menu": James B. Stewart has this front page article today in The New York Times. Posted at 07:38 AM by Howard Bashman "When Enough Is Enough": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times. Posted at 07:33 AM by Howard Bashman Wednesday, June 13, 2012 "U.S. urges narrowing human rights claims": Lyle Denniston has this post at "SCOTUSblog." Posted at 10:08 PM by Howard Bashman "Obama's Health-Care Opportunity: If his reform is struck down, he can pivot to the center and reclaim some of the aura of 2008." In Thursday's edition of The Wall Street Journal, Karl Rove will have an op-ed that begins, "As the Supreme Court gets ready to announce whether President Barack Obama's heath-care reform is constitutional, some Democrats hope it strikes down the law. They believe bad news for ObamaCare is good political news for Mr. Obama." Posted at 10:06 PM by Howard Bashman "Sole Remaining Circuit Vacancy Open Eight Years": Pamela A. MacLean has this post today at her "Trial Insider" blog. Posted at 10:00 PM by Howard Bashman "Retired Judge Joins Fight Against DOJ's 'Outrageous' Seizures in Megaupload Case": David Kravets has this post at Wired.com's "Threat Level" blog. Posted at 07:46 PM by Howard Bashman "Fashion worlds clash at Guantanamo court; Newly unsealed documents reveal details of a dispute over what the men accused of planning the 9/11 attacks wanted to wear to the war court last month": Carol Rosenberg of The Miami Herald has this news update. Posted at 04:50 PM by Howard Bashman "An unprecedented discussion of the health care law": Attorney Robert N. Weiner has this essay online at The National Law Journal. Posted at 03:22 PM by Howard Bashman "Grassley Chides Kyl in Dispute Over Judge; Rare intraparty rebuke comes over vote on appellate nominee's confirmation vote": National Journal has this report. And Roll Call reports that "Chuck Grassley Voices Anger Over Voice Vote on Nominee." "The Once-and-for-All Solution to Our Campaign Finance Problems: How citizens can unite to undo Citizens United." Law professor Laurence H. Tribe (currently misidentified in the Slate piece linked below as having the middle initial "W.") has this essay online at Slate. Posted at 02:46 PM by Howard Bashman "Miami filmmaker's tweets won't result in new robbery trial, judge rules; Convicted robber Angelo Williams had claimed that his trial was tainted because Billy Corben, the jury foreperson, sent out social media messages; The judge disagreed": The Miami Herald has this news update. On a somewhat related note, you can use Twitter to be notified about new blog posts here at "How Appealing" by signing up to follow @howappealing. "Overturning Obamacare Would Be a Constitutional Blunder": Law professor Samuel Estreicher has this essay today in the New York Law Journal. Posted at 02:03 PM by Howard Bashman Ninth Circuit rejects constitutional challenge to California laws that prohibit licensed opticians from offering prescription eyewear at the same location where eye examinations are provided: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit, affirming the rejection of plaintiffs' dormant Commerce Clause challenge, at this link. Posted at 01:55 PM by Howard Bashman Another victory -- this time written by his former boss -- for "class action avenger" Ted Frank: Chief Judge Frank H. Easterbrook issued this opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit. In early coverage, WSJ.com's "Law Blog" has a post titled "Seventh Circuit Slams Plaintiffs' Lawyers in Sears Lawsuit." "Appellate Lawyer of the Week: Anthony Johnstone." In case you missed it (as I did until moments ago), a few weeks ago, Marcia Coyle of The National Law Journal had an article that begins, "In 2009, Anthony Johnstone and his home state of Montana played supporting roles in the legal drama surrounding the Citizens United campaign finance challenge. Today, the law professor and state officials stand center stage in a fight to save Montana's law in the wake of the Supreme Court's decision." Posted at 01:02 PM by Howard Bashman "'Citizens United' Bounces Back to Supreme Court": Ariane de Vogue of ABC News has this blog post. Posted at 12:06 PM by Howard Bashman "Sept. 11 defendant wants uniform for Gitmo trial": The Associated Press has a report that begins, "The man who has called himself the 'mastermind' of the Sept. 11 attacks wants to wear military-style clothing at his upcoming war crimes trial in Guantanamo." Posted at 12:04 PM by Howard Bashman "Sen. Grassley demands re-vote on 9th Circuit judge nomination": The Hill has a report that begins, "Senate Judiciary Committee ranking member Charles Grassley (R-Iowa) late Tuesday demanded that the Senate vote again on the confirmation of Andrew Hurwitz to be a U.S. Circuit Judge for the 9th Circuit, and said he was not aware that Senate Democrats were planning to ask for a speedy voice vote on the nomination." Posted at 11:12 AM by Howard Bashman "Ariz. gov. orders training ahead of court decision": The Associated Press has a report that begins, "Arizona's governor on Tuesday ordered a state board to redistribute a training video on the state's controversial immigration law to all law enforcement agencies. The move comes ahead of an expected ruling from the U.S. Supreme Court this month on the law, which was signed by Gov. Jan Brewer in 2010." And in local coverage, The Arizona Republic reports today that "Brewer wants law enforcement ready for SB 1070 ruling." "Justices may take up Montana campaign finance case addressing two-track system; Citizens United and an appeals court ruling created a two-track campaign funding system favoring the wealthy; Now the Supreme Court is being asked to hear a Montana case to address some of the issues": David G. Savage and Melanie Mason have this article today in The Los Angeles Times. Posted at 09:25 AM by Howard Bashman Will Rhymes for food: In the category of better late than never, the current issue of the Pennsylvania judiciary's newsletter has brought to my attention that Pennsylvania's rhyming Justice, J. Michael Eakin, had a wonderful essay late last year published online at Jurist titled "The Necessity of Clarity and Brevity in Legal Writing." Justice Eakin's essay begins, "Writing skills have fallen victim to texting, email shorthand and the acronyms of social media. Spellcheck and automatic grammatical suggestions make us lazy writers. All of this, btw, may be fine for your bff, but it is not so good in court. LOL. Particularly in the appellate world, writing is what matters most." "Richmond legal leaders back gay prosecutor for judgeship": Jim Nolan has this article today in The Richmond Times-Dispatch. And The Washington Post reports today that "Leaders of Richmond law firms support judgeship for gay prosecutor." "Obama's Gay Marriage Contradiction: The president's constitutional logic implies that state bans must be overturned." Jacob Sullum has this essay online at Reason. Posted at 07:22 AM by Howard Bashman "Supreme Court health law decision could be trouble for GOP": The Hill has a report that begins, "The Supreme Court's landmark healthcare ruling will pose a big test for Republicans, even if the court strikes down all or part of President Obama's healthcare law." Posted at 07:21 AM by Howard Bashman "Supreme Court Immigration Ruling Resonates 30 Years Later": Mark Walsh has this post at the "School Law" blog of Education Week. Posted at 07:20 AM by Howard Bashman "Senate confirms Arizona Justice Andrew Hurwitz to 9th Circuit": This article appears today in The Arizona Republic. In today's edition of The Arizona Daily Star, Howard Fischer reports that "Hurwitz confirmed as US judge, leaving AZ high-court vacancy." And The Los Angeles Times reports that "Over GOP protests, Senate confirms Obama appointee to 9th Circuit." Tuesday, June 12, 2012 "4th Circuit Upholds FEC's 'Major Purpose' Test for Political Committees, Subjecting Groups Like Crossroads GPS to Potential Liability for Not Registering as Super PACs": Rick Hasen has this post at his "Election Law" blog about a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today. Posted at 07:16 PM by Howard Bashman "Fixing Citizens United": Law professor Geoffrey R. Stone has this essay today at The Huffington Post. Posted at 07:11 PM by Howard Bashman "So You Think You Can Be a Hair Braider?" Jacob Goldstein will have this law-related article in this upcoming Sunday's edition of The New York Times Magazine. Posted at 05:54 PM by Howard Bashman "Big Decisions: A Discussion of Recent and Upcoming SCOTUS Cases." Netroots Nation has posted online the video of a discussion panel that occurred last Friday. Posted at 05:33 PM by Howard Bashman "Senate confirms Arizona jurist to 9th Circuit": The Associated Press has this report. And The Hill has a blog post titled "Senate confirms Hurwitz by voice vote." Update: The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued a news release headlined "Senate Confirms Arizona Justice Andrew D. Hurwitz to Ninth Circuit Court of Appeals." "Insurers Moves Show No Turning Back On U.S. Health Law": Bloomberg News has a report that begins, "Three of the top five U.S. health insurers sent a signal that many of the changes wrought by the 2010 health-care overhaul are here to stay, even if the Supreme Court decides the law itself must go." Posted at 01:25 PM by Howard Bashman "Constitution Avenue: Liberals discover a theory to crush conservative jurisprudence." Law professor Jeffrey Rosen has this article in the June 28, 2012 issue of The New Republic. Posted at 10:12 AM by Howard Bashman "Special interests trumped voters on choosing judges": Yesterday's edition of The Philadelphia Inquirer contained an editorial that begins, "The special-interest groups that derailed reform of statewide judicial elections, which most Pennsylvanians say they distrust, claimed that they were fighting to preserve citizens' right to vote." Posted at 10:03 AM by Howard Bashman "U.S. Supreme Court won't hear race-based suit challenging New Haven Fire Department promotions": This article appears today in The New Haven Register. Posted at 09:58 AM by Howard Bashman "Two More Nails in DOMA's Coffin: Courts Invalidate Federal Law's Rejection of Same-Sex Marriage." Law professor Joanna L. Grossman has this essay online today at Justia's Verdict. Posted at 09:52 AM by Howard Bashman "Ruling: Artist's free speech trumps Bama trademark limitations; 11th Circuit panel says artist doesn't need license to depict great scenes from Alabama football history." Alyson M. Palmer has this article today in The Daily Report of Fulton County, Georgia. My earlier coverage of yesterday's Eleventh Circuit ruling appears at this link. "Intellectual Laziness on the Supreme Court: It's time to scrap the irrational 'rational basis test.'" Law professor Richard A. Epstein has this essay today at the "Defining Ideas" site of the Hoover Institution. Posted at 09:47 AM by Howard Bashman Monday, June 11, 2012 "Supreme Court declines Guantanamo detainee appeals": Robert Barnes will have this article Tuesday in The Washington Post. And in Tuesday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "High Court Won't Hear 7 Guantanamo Appeals." "Senate Defeats a Block on Ninth Circuit Nominee, Making Confirmation Likely": Todd Ruger has this post at "The BLT: The Blog of Legal Times." And The Hill has a blog post titled "Senate votes to end debate on Hurwitz nomination." You can access the official roll call vote tally on the cloture motion by clicking here. "SG deputy chosen for judgeship": Lyle Denniston has this post at "SCOTUSblog." Today, the White House issued a news release headlined "President Obama Nominates Two to Serve on the U.S. Court of Appeals for the District of Columbia Circuit." "O'Connor and Her Clerk": Jeffrey Toobin has this blog post at The New Yorker. Posted at 04:48 PM by Howard Bashman "Super PAC Mania: Super PACs bankrolled by a relatively small number of multimillionaires have changed the landscape of this year's presidential race; How did we get here, and what can we expect from future elections held in the era of super PACs?" Robert Barnes has this article in the Spring 2012 issue of Columbia Law School Magazine. Posted at 04:38 PM by Howard Bashman "US Supreme Court reinstates Ky. death sentence": The Associated Press has this report. Posted at 04:25 PM by Howard Bashman "Supreme Court declines case accusing Donald Rumsfeld of torture; The Supreme Court declined to hear an appeal arguing the US government violated the constitutional rights of citizen Jose Padilla by detaining and subjecting him to harsh interrogation as an enemy combatant suspected of having links to Al Qaeda": Warren Richey of The Christian Science Monitor has this report. Posted at 03:57 PM by Howard Bashman "Obama Nominates Two for U.S. Court of Appeals for the D.C. Circuit": Matthew Huisman has this post at "The BLT: The Blog of Legal Times." Posted at 02:46 PM by Howard Bashman "Artist Daniel Moore wins key issues in appeals case over Alabama paintings": The Birmingham News has this update. And Terry Baynes of Reuters reports that "Artist scores partial win in appeal over football images." You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. "Justices Decline to Hear Appeals by Guantanamo Detainees": Adam Liptak of The New York Times has this news update. David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court turns down appeals from Guantanamo Bay detainees." And Warren Richey of The Christian Science Monitor reports that "Supreme Court deals blow to Guantanamo prisoners challenging their detention; Supreme Court refuses, without comment, to take up multiple appeals examining whether Guantanamo detainees have a 'meaninful opportunity' to challenge the legality of their detention." "Federal ban on job bias still eludes gay rights groups": Curtis Tate of McClatchy Newspapers has this report. Posted at 02:25 PM by Howard Bashman "New SCOTUS brief: Keep international human rights cases in U.S. courts." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. Posted at 02:20 PM by Howard Bashman "D.C. Circuit 1, Guantanamo Bar 0?" Steve Vladeck has this post at the "Lawfare" blog. Posted at 01:40 PM by Howard Bashman "ObamaCare on Trial: The libertarian legal movement threatens Barack Obama's signature law." Damon W. Root has this cover story in the July 2012 issue of Reason magazine. Posted at 01:38 PM by Howard Bashman James Vicini of Reuters is reporting: He has articles headlined "U.S. top court rejects appeals by Guantanamo prisoners"; "U.S. top court rejects Padilla torture lawsuit appeal"; and "U.S. high court to hear Amgen securities lawsuit case." Posted at 01:32 PM by Howard Bashman "Haynsworth was no Carswell: Against their 'mindless misjoinder.'" Kevin C. Walsh has this post at his "walshslaw" blog. Posted at 01:22 PM by Howard Bashman "Court's promise is no guarantee": Lyle Denniston has this post at "SCOTUSblog." Posted at 01:14 PM by Howard Bashman "Mystery of Citizens United Sequel Is Format, Not Ending": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times. Posted at 01:10 PM by Howard Bashman "Obama Nominates Two to Appeals Court": Charlie Savage of The New York Times has a blog post that begins, "President Obama on Monday has nominated two lawyers to fill vacancies on the United States Court of Appeals for the District of Columbia Circuit, a powerful panel to which he has so far been unable to appoint any new judges since taking office." Posted at 12:13 PM by Howard Bashman "Supreme Court Rejects 'Dirty Bomber' Case": David Kravets has this post at Wired.com's "Threat Level" blog. Posted at 12:08 PM by Howard Bashman "Justices Decline Review of Religious Speech Case": Mark Walsh has this post at the "School Law" blog of Education Week. Posted at 12:06 PM by Howard Bashman "Supreme Court Declines Guantanamo Bay Cases: It's Been 4 Years Of Silence." Mike Sacks of The Huffington Post has this report. Posted at 11:11 AM by Howard Bashman "Dissing the Court Bears a Poisonous Fruit of Distrust": Today at the "Jost on Justice" blog, Kenneth Jost has a post that begins, "Alex Kozinski had served as chief judge of the U.S. Court of Claims in Washington for two years in 1984 when he decided he wanted a change of jobs and locations." My related earlier coverage can be accessed here. "Health Care Decision Hinges On A Crucial Clause": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition." Posted at 10:18 AM by Howard Bashman "The Scales of Intimidation: Does the Supreme Court feel threatened, intimidated, or harassed by the press?" Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 10:15 AM by Howard Bashman Access online today's Order List and ruling in an argued case of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court granted review today in two cases. Justice Clarence Thomas delivered the opinion of the Court in Elgin v. Department of Treasury, No. 11-45. Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Justices Ruth Bader Ginsburg and Elena Kagan joined. You can access the oral argument via this link. The Court today also issued a per curiam summary reversal in Parker v. Matthews, No. 11-845. The Court's unanimous opinion begins, "In this habeas case, the United States Court of Appeals for the Sixth Circuit set aside two 29-year-old murder convictions based on the flimsiest of rationales." In early news coverage, The Associated Press reports that "Supreme Court turns down new Guantanamo appeals"; "Court says judges can't decide draft complaint"; "Court won't get back into firefighter disputes"; "Court won't hear Padilla appeal"; and "Court refuses to hear 'birther' argument again." And at "SCOTUSblog," Lyle Denniston has a post titled "Court bypasses all new detainee cases." "Shariah charade: The bogus threat of Islamic law in the U.S." Columnist Steve Chapman had this op-ed yesterday in The Chicago Tribune. Posted at 09:20 AM by Howard Bashman "Circuits Split Over Discretionary Function Exception's Burden of Proof": Nicholas J. Wagoner has this post today at the "Circuit Splits" blog. Posted at 08:45 AM by Howard Bashman "Benched: The Supreme Court and the struggle for judicial independence." Jill Lepore has this "A Critic at Large" essay in the June 18, 2012 issue of The New Yorker. Posted at 08:44 AM by Howard Bashman "What price is N.J.'s judiciary system paying for Gov. Christie's battle with Senate Dems?" MaryAnn Spoto has this article today in The Newark Star-Ledger. Posted at 07:15 AM by Howard Bashman "Texas prepares for court over voter ID law": In today's edition of The San Antonio Express-News, Gary Martin has an article that begins, "Texas is preparing for a legal showdown next month in federal court over a new voter photo ID law passed by the Legislature. The law was blocked by the Justice Department over claims that it discriminates against minority voters." Posted at 07:12 AM by Howard Bashman "The Supreme Court Has a Legitimacy Crisis, But Not For the Reason You Think": Law professor Jeffrey Rosen has this essay online at The New Republic. Posted at 07:10 AM by Howard Bashman Sunday, June 10, 2012 "Death Row suicide highlights executions' delays": The Associated Press has this report. Posted at 10:46 PM by Howard Bashman "Accused Athens pot farmer challenges legality of infrared search": Monday's edition of The Athens (Ga.) Banner-Herald will contain an article that begins, "An Athens public defender will argue before the Georgia Supreme Court today that authorities used technology to illegally seize evidence and charge his client as an indoor marijuana farmer." Posted at 10:37 PM by Howard Bashman "The Supreme Court's unpopularity could help Obamacare: The US Supreme Court is facing growing disdain from the American public, increasing the odds that the majority will uphold constitutionality of President Obama's health care mandate." Robert Reich has this essay online at The Christian Science Monitor. Posted at 10:14 PM by Howard Bashman "Undocumented Chico man passed the bar, but can he practice law? Sergio C. Garcia's case is pending before the California Supreme Court; It could be precedent-setting for other undocumented students who want to be lawyers." Monday's edition of The Los Angeles Times will contain this article. Posted at 10:09 PM by Howard Bashman "Firm's niche: Lobbying for federal judges." This article will appear Monday in The Washington Post. Posted at 10:04 PM by Howard Bashman "Health Care Law's Fate Aside, Hospitals Evolve": This article will appear Monday in The New York Times. Posted at 09:03 PM by Howard Bashman "Citizens United and the Wisconsin Vote: Milwaukee Mayor Tom Barrett got millions in support from unions, whose contributions were legitimized by the Supreme Court." Law professor Michael W. McConnell will have this op-ed Monday in The Wall Street Journal. You can freely access the full text of the op-ed via Google News. "Court case not cause of Walker's victory": In today's edition of The Milwaukee Journal Sentinel, Christian Schneider has an op-ed that begins, "As soon as the U.S. Supreme Court handed down its decision in Citizens United vs. Federal Election Commission in 2010, liberals denounced it as the end of democracy as we know it." Posted at 03:26 PM by Howard Bashman "How the Sausage Is Made: Supreme Court decisions aren't just dashed off, even when the justices know how they'll vote; It takes time--a lot of it." Margot Sanger-Katz had this article in the June 9, 2012 edition of National Journal. Posted at 02:26 PM by Howard Bashman "Dissents undermine the highest court": Joseph P. Nadeau has this op-ed today in The Boston Globe. Posted at 02:24 PM by Howard Bashman "Undoing health law could have messy ripple effects": The Associated Press has a report that begins, "It sounds like a silver lining. Even if the Supreme Court overturns President Barack Obama's health care law, employers can keep offering popular coverage for the young adult children of their workers." Posted at 02:04 PM by Howard Bashman "Munaf's impact widens again": Lyle Denniston has this post at "SCOTUSblog." Posted at 08:50 AM by Howard Bashman "Under the U.S. Supreme Court: Plaintiffs still pound Walmart." Michael Kirkland of UPI has this report. Posted at 08:42 AM by Howard Bashman Saturday, June 9, 2012 "Justice honors 'fellow displaced Southerner'; Clarence Thomas spoke Friday in local federal court as a portrait was unveiled of former Charlottean David Sentelle": Today's edition of The Charlotte Observer contains an article that begins, "U.S. Supreme Court Justice Clarence Thomas may keep his silence in Washington, but he had plenty of warm words in Charlotte for a former colleague Friday." Additional related photos can be accessed via this link. Posted at 07:15 PM by Howard Bashman "How Paul Clement Wishes He Could Prepare for Argument": Michelle Olsen has this post today at her "Appellate Daily" blog. Posted at 04:13 PM by Howard Bashman "Guantanamo defense lawyers seek national broadcasts of Cole trial; The lawyers are asking the military commissions judge to authorize feeds to television networks; the Pentagon says federal trials aren't broadcast and war crimes cases shouldn't be either": Carol Rosenberg of The Miami Herald has this report. Posted at 03:52 PM by Howard Bashman "New front expected in fight over Arizona law": The Associated Press has a report that begins, "A forthcoming U.S. Supreme Court decision on Arizona's controversial immigration law -- which some experts believe could uphold the most controversial aspects of the measure -- won't end legal disputes on the matter and instead is likely to ignite renewed assaults by the law's opponents." Posted at 03:09 PM by Howard Bashman "Health Care After the Supreme Court Ruling": Pam Belluck will have this news analysis in the Sunday Review section of tomorrow's edition of The New York Times. Posted at 02:28 PM by Howard Bashman "Filling the Ninth Circuit vacancies": Law professor Carl Tobias has this blog post at The Hill. Posted at 01:14 PM by Howard Bashman Friday, June 8, 2012 "Man's HIV-infected saliva not weapon; State's top court rules in case of man who bit police officer": The Associated Press has a report that begins, "The saliva of an HIV-infected man who bit a police officer doesn't constitute a deadly weapon or dangerous instrument under state law, New York's top court ruled Thursday." And Reuters has a report headlined "HIV-positive saliva not a 'deadly weapon' -- NY court." You can access yesterday's ruling of the New York State Court of Appeals -- that state's highest court -- at this link. "Court rules for news groups in execution case": The Associated Press has a report that begins, "A federal appeals court sided with The Associated Press and 16 other news organizations Friday in ruling that witnesses should have full viewing access to Idaho's upcoming execution." You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "DOMA is constitutionally doomed, but not for the reason you might think": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. Posted at 07:42 PM by Howard Bashman "Appeals court knocks out Job Corps drug tests": Pete Yost of The Associated Press has a report that begins, "A federal appeals court on Friday declared a random drug testing program for government workers at 28 U.S. Forest Service Job Corps centers unconstitutional." You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link. "Judge casts doubt on Wal-Mart gender lawsuit": Dan Levine of Reuters has this report. Posted at 04:42 PM by Howard Bashman "Senate Gears up for Fight Over Ninth Circuit Judicial Nominee": Todd Ruger has this post at "The BLT: The Blog of Legal Times." Posted at 03:30 PM by Howard Bashman "Chaos Theory: A Unified Theory of Muppet Types." Dahlia Lithwick has this essay online at Slate. Posted at 03:11 PM by Howard Bashman "South Park's 'What What (in the Butt)' Beats Infringement Claim": David Kravets has this post today at Wired.com's "Threat Level" blog. My earlier coverage of yesterday's Seventh Circuit ruling appears at this link. "First, decide DOMA: Ruling on the Defense of Marriage Act, not Proposition 8, is the Supreme Court's best option." Law professor Douglas NeJaime has this op-ed today in The Los Angeles Times. Posted at 01:44 PM by Howard Bashman "Court revives employee lawsuit over racist receipt": Jonathan Stempel of Reuters has a report that begins, "A shoe store clerk who was fired after inadvertently giving a receipt containing a racial slur to a black customer has the right to sue her former employer for defamation, a federal appeals court ruled." You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. "Appeals Court Will Re-Evaluate Big Copyright Issues in Light of Viacom-YouTube Ruling; The decision has influenced Ninth Circuit appellate judges to reconsider their ruling in UMG vs. Veoh; Briefing on a possible new hearing has been ordered with big-stakes issues": Eriq Gardner has this post at the "Hollywood, Esq." blog of The Hollywood Reporter. Posted at 12:06 PM by Howard Bashman "Oklahoma Sen. Tom Coburn says GOP may block appellate nominee from Oklahoma City": This article appears today in The Oklahoman. Posted at 09:44 AM by Howard Bashman "The 18-Year Bench: Linda Greenhouse calls for Supreme Court term limits." Linda Greenhouse has this essay online at Slate. Posted at 09:35 AM by Howard Bashman "What happens after the Supreme Court rules on health care?" This post appears today at the "Constitution Daily" blog of the National Constitution Center. You can access at this link the full video replay of this past Wednesday's Constitution Center event, at which "six leading legal experts debat[ed] the Supreme Court's upcoming health care ruling." "She Waited 40 Years to Marry, Then When Her Wife Died, the Tax Bill Came": In today's edition of The New York Times, Jim Dwyer has this new installment of his "About New York" column. Posted at 07:20 AM by Howard Bashman "Judge Kozinski Asks to, and Gets to, Move West (1984-1985)": At noncuratlex.com, Kyle Graham has this blog post reporting on the letter that then-U.S. Court of Claims Chief Judge Alex Kozinski sent to the White House asking to be nominated to serve on the U.S. Court of Appeals for the Ninth Circuit. It is interesting to note that a memorandum from administration officials to President Reagan recommending Kozinski's nomination to the Ninth Circuit omits Alaska from the memo's list of States located within that jurisdiction (see memo at page two). "Nonprofit: Lack of copyrights thwarts Righthaven appeal." At Vegas Inc, Steve Green has a report that begins, "An Oregon nonprofit group asked a court Thursday to dismiss one of the Righthaven LLC copyright lawsuit appeals, saying Righthaven can no longer participate in the case since it's been stripped of its copyrights." Posted at 06:50 AM by Howard Bashman Thursday, June 7, 2012 "What What!: Appeals Court Affirms South Park Parody Was Obvious Fair Use." Corynne McSherry has this post today at the "Deeplinks" blog of the Electronic Frontier Foundation. And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "'South Park' Wins 'What What (in the Butt)' Legal Fight." You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link. "Pharmacists-sponsored law a free-speech issue": Bob Egelko of The San Francisco Chronicle has this article today reporting on an order that an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday. Posted at 10:45 PM by Howard Bashman "Why top court is a key 2012 issue": In today's edition of USA Today, Tony Mauro has an op-ed that begins, "The late Supreme Court justice William Brennan used to say that five was the most important number -- the number of justices needed to win a majority on a nine-member court. This presidential election year, the most important numbers at the court could be 79, 76, 75 and 73. Those are the ages, respectively, of Justices Ruth Bader Ginsburg, Antonin Scalia, Anthony Kennedy and Stephen Breyer." Posted at 10:35 PM by Howard Bashman "There's More Secret Money In Politics; Justice Kennedy Might Be Surprised": This audio segment appeared on today's broadcast of NPR's "All Things Considered." Posted at 08:16 PM by Howard Bashman "Court Halts Law Allowing Indefinite Detention of Americans": David Kravets has this post today at Wired.com's "Threat Level" blog. Posted at 08:12 PM by Howard Bashman "Apple v. Motorola patent case dismissed by frustrated judge": At "The Verge," Nilay Patel has a post that begins, "The Motorola vs. Apple patent trial scheduled to start on Monday has now been dismissed with prejudice by Judge Richard Posner, who says that 'neither party can establish a right to relief.'" You can access at this link the interesting order that Seventh Circuit Judge Richard A. Posner issued today. Update: In other coverage, Reuters reports that "Federal judge cancels Apple-Google phone patent trial." "St. Joseph Abbey monks oppose appeal to reinstate casket sales restriction": The Times-Picayune of New Orleans has this report. The U.S. Court of Appeals for the Fifth Circuit has posted the audio of today's oral argument at this link (24.6 MB Windows Media file). "In New Poll, 44 Percent of Americans Approve of Supreme Court": In Friday's edition of The New York Times, Adam Liptak and Allison Kopicki will have an article that begins, "Just 44 percent of Americans approve of the job the Supreme Court is doing and three-quarters say the justices' decisions are sometimes influenced by their personal or political views, according to a new poll conducted by The New York Times and CBS News." The newspaper has posted the complete results of the poll at this link. "News organizations appeal Idaho execution case": The Associated Press has this report. Posted at 06:11 PM by Howard Bashman "Supreme Court Summer Vacations": Bloomberg Law has posted this video at YouTube. Posted at 06:05 PM by Howard Bashman "Vermont, no nukes, and the Constitution: now at the 2nd Circuit." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. Posted at 06:04 PM by Howard Bashman Programming note: I will be attending an event outside of the office this afternoon. Consequently, additional posts will appear here later today. Posted at 10:50 AM by Howard Bashman "What Will Justice Kennedy Do?" Massimo Calabresi and David Von Drehle will have this cover story (subscription required) in the June 18, 2012 issue of Time magazine. The magazine offers additional previews of the article here and here. Posted at 10:26 AM by Howard Bashman "Supreme Court Justices: Addicted to Google." Josh Rothman has this post today at The Boston Globe's "Braniac" blog. The post focuses on law professor Allison Orr Larsen's interesting new law review article, titled "Confronting Supreme Court Fact Finding." "Voting-Rights Surprise At High Court May Foreshadow Health Care": Greg Stohr of Bloomberg News has this report. Posted at 09:34 AM by Howard Bashman "Can't Touch This: Courts Disagree Over Authority to Vacate Arbitrary Arbitration Awards Under the 'Manifest-Disregard' Doctrine." Nicholas J. Wagoner has this post today at the "Circuit Splits" blog. Posted at 09:07 AM by Howard Bashman "Obamacare and the Misguided Criticism of 'Liberal Law Professors' Who Defend It": Law professor Vikram David Amar has this essay online at Justia's Verdict. Posted at 07:24 AM by Howard Bashman "Experts shed light on court's health care decision": This post appears today at the "Constitution Daily" blog of the National Constitution Center. Posted at 07:15 AM by Howard Bashman Wednesday, June 6, 2012 "Chutzpah: Politics and the Health Care Cases." Attorney Robert N. Weiner has this guest blog post (link corrected) today at "ACSblog." Posted at 10:37 PM by Howard Bashman "Detention Provision Is Blocked": In Thursday's edition of The New York Times, Charlie Savage will have an article that begins, "The government may not rely on a disputed law enacted last year to hold people in indefinite military detention on suspicion that they 'substantially supported' Al Qaeda or its allies -- at least if they had no connection to the Sept. 11 terrorist attacks, a federal judge said on Wednesday." Posted at 10:28 PM by Howard Bashman "Feds Urging Appeals Court to Reinstate $1.5 Million File-Sharing Verdict": David Kravets has this post at Wired.com's "Threat Level" blog. Posted at 10:14 PM by Howard Bashman "DOMA gay benefits ban falls again": Lyle Denniston has this post at "SCOTUSblog." Posted at 10:01 PM by Howard Bashman "New AMA chief: No chaos with court's health ruling." The Associated Press has a report that begins, "Americans should not expect chaos if the U.S. Supreme Court rejects all or part of the sweeping health care law, the incoming president of the nation's largest physicians group said Wednesday." Posted at 03:51 PM by Howard Bashman "Doc-lawyer will intervene in Idaho fetal pain case": The Associated Press has a report that begins, "A southeastern Idaho lawyer who is also a doctor will be allowed to intervene in a legal challenge to the state's so-called fetal pain abortion law in a case that could set national precedent." Posted at 03:36 PM by Howard Bashman "Judge Ties Up Online Sex-Advertising Law": At Wired.com's "Threat Level" blog, David Kravets has a post that begins, "A federal judge pre-emptively blocked a landmark state law that would have required online companies to verify the ages of people placing ads offering 'adult services,' which range from thinly-veiled ads for prostitution, as well as legal, but kinky services." Posted at 02:41 PM by Howard Bashman "Gaming Out Gay Marriage's Path to the Supreme Court": Steve Sanders has this essay at The Huffington Post. Posted at 02:20 PM by Howard Bashman "From Off the Wall to On the Wall: How the Mandate Challenge Went Mainstream; How did a legal argument that most scholars thought was crazy get taken so seriously so quickly? The Republican Party's support played a crucial role." Law professor Jack M. Balkin has this essay online at The Atlantic. Posted at 01:28 PM by Howard Bashman "Court denies Loughner's request for rehearing": The Associated Press has this report on an order denying rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued yesterday. Posted at 11:35 AM by Howard Bashman "Bill Clinton reveals for the first time that former New York Gov. Mario Cuomo rejected Supreme Court nomination; Former President drops bombshell during fund-raiser at Waldorf-Astoria": The New York Daily News has this report. Posted at 10:58 AM by Howard Bashman "North Carolina, Meet Citizens United": Today's edition of The New York Times contains an editorial that begins, "The North Carolina Judicial Coalition is a new tax-exempt organization, known as a super PAC, supported by wealthy conservative Republicans who are determined to make this year's race for a seat on the North Carolina Supreme Court ideological and expensive." Posted at 09:38 AM by Howard Bashman "Education Appeals Await as U.S. Supreme Court Term Nears Finish": Mark Walsh has this post at the "School Law" blog of Education Week. Posted at 09:36 AM by Howard Bashman "Proposition 8 moves closer to Supreme Court": Bob Egelko has this article today in The San Francisco Chronicle. In today's edition of The Los Angeles Times, Maura Dolan reports that "Proposition 8 same-sex marriage fight headed to U.S. Supreme Court; U.S. 9th Circuit Court of Appeals votes not to review smaller panel's overturning of California's gay marriage ban; High court is expected to review Prop. 8 this fall." The Press-Enterprise of Riverside, California has a report headlined "PROP. 8: Court of appeals won't rehear gay marriage arguments." Ginny LaRoe of The Recorder reports that "9th Circuit Won't Rehear Prop 8 Case." Warren Richey of The Christian Science Monitor has an article headlined "Prop. 8: appeals courts set stage for Supreme Court review of gay marriage; The Ninth Circuit on Tuesday declined to reexamine a ruling overturning California's Prop. 8 gay marriage ban as unconstitutional; The decision sets the stage for a Supreme Court showdown." And at Politico.com, Josh Gerstein reports that "Prop 8 case not reconsidered by California appeals court." "What's the Best Road to Equal Marriage Rights? Superlawyers David Boies and Ted Olson like all the roads that lead to the Supreme Court." Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 08:11 AM by Howard Bashman "GOP urges court to uphold Defense of Marriage Act": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "Denying federal benefits to same-sex spouses is a rational way to preserve federal funds, promote responsible child-rearing and leave the volatile marriage debate to the states, House Republicans maintain in arguments to a federal appeals court in San Francisco." The U.S. Court of Appeals for the Ninth Circuit has posted online at this link the Brief of Intervenor-Appellant Bipartisan Legal Advisory Group of the United States House of Representatives. "Governor nominates Pollack to Hawaii Supreme Court": Ken Kobayashi of The Honolulu Star-Advertiser has this report. Posted at 07:56 AM by Howard Bashman "Gov. Scott requests review of 3 justices' actions": The Associated Press has a report that begins, "Three veteran Florida Supreme Court justices could possibly face a criminal investigation and legal action over the handling of their campaigns to remain on the bench." Posted at 07:54 AM by Howard Bashman "Why Obama Strikes Out In Court: Three unanimous Supreme Court decisions against the government suggest that the administration has a faulty view of federal power." Ilya Shapiro has this op-ed today in The Wall Street Journal. Posted at 07:48 AM by Howard Bashman "Melvin sister to be fired, 8 aides to be furloughed": Today's edition of The Pittsburgh Tribune-Review contains an article that begins, "Nine state Supreme Court employees who worked in suspended Justice Joan Orie Melvin's Downtown office soon will be out of a job while she fights criminal corruption charges, court officials said Tuesday." And yesterday's edition of The Pittsburgh Post-Gazette contained a lengthy, related article headlined "Orie fall from grace rapid, spectacular." Tuesday, June 5, 2012 "American Dysfunction Watch: State of the Judiciary." Online at The Atlantic, James Fallows has this post today discussing a report that the Congressional Research Service issued earlier this month. Posted at 11:00 PM by Howard Bashman "Supreme Court Rejects Cheney Critic's Lawsuit": Jess Bravin has this article today in The Wall Street Journal. Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court sides with Secret Service agents in free-speech case; A Colorado man said Secret Service agents arrested him in retaliation for his political comments about former Vice President Dick Cheney; The Supreme Court said the agents had probable cause." And Bill Mears of CNN.com reports that "Justices reject appeal of war protester over Cheney encounter." "2nd lawsuit on SB 1070 advances; Class-action status sought in rights case": Today's edition of The Arizona Republic contains an article that begins, "While the federal government's legal challenge to Senate Bill 1070 sits in the hands of the U.S. Supreme Court, a separate federal lawsuit alleging the law could violate individuals' rights is creeping forward." Posted at 07:28 PM by Howard Bashman "Hearing delayed for indicted Pa. Supreme Court Justice Melvin": Bobby Kerlik of The Pittsburgh Tribune-Review has a news update that begins, "An Allegheny County judge today granted a 30-day delay in the preliminary hearing for state Supreme Court Justice Joan Orie Melvin but did not rule on a request that the entire county bench be recused from handling the case." And The Pittsburgh Post-Gazette has a news update headlined "Justice Melvin's preliminary hearing postponed." "Blog identity suit enters court; S-R lawyer says revealing commenters would chill speech": This article appeared last Saturday in The Spokesman-Review of Spokane, Washington. My earlier coverage appears at this link. Ninth Circuit denies rehearing en banc in Proposition 8 lawsuit: You can access today's order of the U.S. Court of Appeals for the Ninth Circuit at this link. Only four judges noted their dissent from the court's denial of rehearing en banc. And the two judges who constituted the majority in the original three judge panel's ruling wrote a one-paragraph response to the three-paragraph dissent from the denial of rehearing en banc. In early coverage, Robert Barnes of The Washington Post has a news update headlined "Proposition 8: Appeals court won't reconsider ruling that gay-marriage ban is unconstitutional." The New York Times has a news update headlined "Court Won't Revisit Ruling on Gay Union." Howard Mintz of The San Jose Mercury News has an update headlined "Proposition 8 case headed to U.S. Supreme Court." Maura Dolan of The Los Angeles Times has a blog post titled "Proposition 8 ruling opens door to Supreme Court test." Justin Scheck of The Wall Street Journal has a news update headlined "California Gay-Marriage Case on Path to Supreme Court." The Associated Press reports that "Court rejects second look at CA gay marriage ban." Bloomberg News reports that "Gay Marriage Foes Lose Bid For Review Of Ruling Voiding Ban." Peter Henderson and Dan Levine of Reuters report that "California gay marriage case looks headed to Supreme Court." Ariane de Vogue of ABC News has a blog post titled "California Prop 8 Headed to U.S. Supreme Court." And at "SCOTUSblog," Lyle Denniston has a post titled "Further Prop. 8 review denied by CA." "The Harm in Free Speech": Stanley Fish has this post at the "Opinionator" blog of The New York Times. Posted at 12:08 PM by Howard Bashman "D.C. Circuit Revives Artist's Suit Against Saudi Royal Family": At "The BLT: The Blog of Legal Times," Mike Scarcella has a post that begins, "A divided federal appeals court today ruled in favor of a Brooklyn artist who claims the Saudi Royal Family owes him more than $12 million for commissioned sculpture." You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. Update: In other coverage, Pete Yost of The Associated Press reports that "Artist's suit revived against Saudi Royal Family." "Holder Considered Quitting As Attorney General, Book Says": Seth Stern of Bloomberg News has an article that begins, "U.S. Attorney General Eric Holder considered resigning in 2010 after facing criticism for his decision to prosecute terror suspects in civilian court, according to a book being published today." Posted at 12:01 PM by Howard Bashman "Secret Service case ruling sidesteps First Amendment": Tony Mauro has this news analysis online at the First Amendment Center. Posted at 11:50 AM by Howard Bashman "[I]t does not take a reference to Cinderella to show that midnight marks the end of one day and the start of another. * * * A document entered into the electronic system at 12:01 AM on a Thursday has been filed on Thursday, not on 'virtual Wednesday.'" So writes Chief Judge Frank H. Easterbrook in a decision that the U.S. Court of Appeals for the Seventh Circuit issued today. Posted at 11:27 AM by Howard Bashman "The Real Stakes in the Health-Care Case: A Guide." Jeffrey Toobin has this blog post online today at The New Yorker. Posted at 11:11 AM by Howard Bashman "Circuit Split Watch: Is Personal Use of a Work Computer a Federal Crime?" Michelle Olsen has this post at her "Appellate Daily" blog. Posted at 10:40 AM by Howard Bashman "Judge opens up on Supreme Court life in 21st century": Chantal Valery of Agence France-Presse has this interview with Justice Stephen G. Breyer. Posted at 10:35 AM by Howard Bashman "The Supreme Court vs. Congress": Law professor Leon Friedman has this essay at The Huffington Post. Posted at 08:46 AM by Howard Bashman "Appeals court to reveal gay marriage case plan": Reuters has a report that begins, "An appeals court will say on Tuesday whether it will revisit the constitutionality of California's Proposition 8 gay marriage ban or clear the way for the U.S. Supreme Court to take up the issue." And The Associated Press reports that "Next word in Calif. gay marriage case due Tuesday." Monday, June 4, 2012 "7th Circuit rejects atheist suit over cross funding": Terry Baynes of Reuters has this report. And The Evansville Courier & Press reports that "Southern Illinois cross group can keep state grant." My earlier coverage of today's Seventh Circuit ruling appears at this link. "Prop. 8 action due Tuesday": Lyle Denniston has this post at "SCOTUSblog." And at WSJ.com's "Law Blog," Ashby Jones has a post titled "(En) Banc on This: There Will be Prop. 8 News on Tuesday." "Same-sex marriage cases loom for Supreme Court": Terry Baynes and Rebecca Hamilton of Reuters have an article that begins, "For advocates and foes of same-sex marriage, two names have suddenly taken center stage in the legal universe: Kennedy and Romer." Posted at 11:47 PM by Howard Bashman "Judge cites Gulliver v. Lilliput to lambaste colleagues over environmental rulings": Lawrence Hurley of Greenwire has this report. Posted at 03:33 PM by Howard Bashman "U.S. Supreme Court rejects Blackwater Iraq shooting appeal": James Vicini of Reuters has this report. Posted at 03:08 PM by Howard Bashman "Pa. high court denies Sandusky delay request": The Associated Press has this report on an order that the Supreme Court of Pennsylvania issued today. Posted at 02:35 PM by Howard Bashman "Most counts of contempt in Minn. terror case nixed": The Associated Press has a report that begins, "A federal appeals court has thrown out 19 of 20 contempt-of-court citations against a Minnesota woman convicted of funneling money to terrorists in Somalia." You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. Seventh Circuit rejects for lack of taxpayer standing an Establishment Clause challenge to Illinois' funding towards restoration of an enormous Latin cross known as the Bald Knob Cross: You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link. My earlier coverage of the appeal's oral argument can be accessed here. "Supreme Court sides with Indianapolis in sewer payment case": Maureen Groppe of The Indianapolis Star has this news update. James Vicini of Reuters has a report headlined "Cities have leeway in forgiving tax payments -- U.S. Supreme Court." And Greg Stohr of Bloomberg News reports that "City Tax Flexibility Backed By U.S. Supreme Court In Ruling." Update: At "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: Not so equal tax equality." "Secret Service Agents Can't Be Sued, Justices Rule": Adam Liptak of The New York Times has this news update. And Robert Barnes of The Washington Post has a news update headlined "Supreme Court protects Secret Service agents guarding Cheney." Update: At "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: Narrow ruling on arrests." "Supreme Court backs Secret Service arrest of man confronting Cheney": David G. Savage of The Los Angeles Times has this news update. Mike Sacks of The Huffington Post reports that "Supreme Court Finds Dick Cheney's Secret Service Agents Immune From Free Speech Lawsuit." Greg Stohr of Bloomberg News reports that "Secret Service Agents Shielded From Suit By High Court." James Vicini of Reuters reports that "U.S. top court rules for Secret Service in Cheney case." And Josh Gerstein of Politico.com has a blog post titled "Supreme Court rejects suit over arrest during Dick Cheney visit." "Campaign donations convictions stand": Lyle Denniston has this post at "SCOTUSblog." Posted at 11:23 AM by Howard Bashman Access online today's Order List and rulings in argued cases of the U.S. Supreme Court: You can access today's Order List at this link. The Court granted review in one case. The Court today also issued two rulings in argued cases. 1. Justice Stephen G. Breyer delivered the opinion of the Court in Armour v. Indianapolis, No. 11-161. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justices Antonin Scalia and Samuel A. Alito, Jr. joined. You can access the oral argument via this link. 2. And Justice Clarence Thomas delivered the opinion of the Court in Reichle v. Howards, No. 11-262. Justice Ruth Bader Ginsburg issued an opinion concurring in the judgment, in which Justice Breyer joined. Justice Elena Kagan did not participate in the case. You can access the oral argument via this link. In early news coverage, The Associated Press has reports headlined "High court protects Secret Service agents"; "Ind. taxpayers lose high court fight over refunds"; "Court: Can police detain without warrant?"; "Court won't hear Siegelman, Scrushy appeals"; and "High court won't get involved in Blackwater case." "Rare slip? The URL of this unsealed ruling in a search warrant dispute in DC partially names target." Via @MikeScarcella. You can access the ruling of the U.S. District Court for the District of Columbia at this link. Update: Via @MikeScarcella. "From Alabama, an epic challenge to voting rights": Joan Biskupic of Reuters has this report. Posted at 09:37 AM by Howard Bashman "Cynics United: When Did Conservatives Change Their Mind About Campaign Finance Disclosure?" Mark Schmitt has this essay online today at The New Republic. Posted at 08:23 AM by Howard Bashman "Christie's role as consensus-builder being challenged": According to an article that appears today in The Philadelphia Inquirer, "Christie's brand as a consensus-builder, which he has sold around the nation and at home, suffered a blow last week when it became apparent he and the Democrats who control the Legislature are headed toward a prolonged stalemate over one of the most significant issues in the state: a short-staffed Supreme Court, now missing two of seven justices." Posted at 07:36 AM by Howard Bashman Sunday, June 3, 2012 "With Death Penalty Abolished, Death Row Inmates Questioning Why They Still Face Death; Law's Exclusion Of Some Defendants Challenged On Several Fronts": In Monday's edition of The Hartford Courant, Alaine Griffin will have an article that begins, "The legislative repeal of Connecticut's death penalty is reverberating through the judicial system, including in an appeal brought by a death row inmate that the state Supreme Court is expected to rule on in part this week." Posted at 10:33 PM by Howard Bashman "Kline wants 8th justice off panel deciding his discipline": The Capital-Journal of Topeka, Kansas has a news update that begins, "Former Attorney General Phill Kline has 'suggested' that one of only two remaining Kansas Supreme Court justices recuse himself from hearing Kline's pending disciplinary case some time this fall. On May 18, five of the seven justices recused themselves from the Kline case." The newspaper has posted the recusal request at this link. "Mining for Influence in Montana": In Monday's edition of The New York Times, Montana Governor Brian Schweitzer will have an op-ed that begins, "In Montana's frontier days, we learned a hard lesson about money in politics, one that's shaped our campaign-finance laws for a century and made our political system one of the country's most transparent. Those laws, and our political way of life, are now being threatened by the Supreme Court -- which is why I recently signed a petition for a federal constitutional amendment to ban corporate money from all elections." Posted at 07:52 PM by Howard Bashman "SB 1070 Supreme Court ruling may impact U.S. races; Decision could move key voting blocs": Today's edition of The Arizona Republic contains an article that begins, "One way or another, the U.S. Supreme Court's looming decision on Arizona's immigration law is expected to affect the presidential race and down-ticket battles in Arizona and other states." Posted at 07:48 PM by Howard Bashman Access online Seventh Circuit Chief Judge Frank H. Easterbrook's remarks at Swarthmore College's Commencement 2012: You can view the remarks (video plus transcript) via this link. You can also access "President Chopp's Charge to Frank H. Easterbrook '70." "U.S. Circuit Court urged to toss wiretap ruling": In Saturday's edition of The San Francisco Chronicle, Bob Egelko had this article. My earlier coverage of Friday's Ninth Circuit oral argument appears at this link. "Court rules OKs gun shows at county fairgrounds": Bob Egelko has this article Saturday in The San Francisco Chronicle. And at "SCOTUSblog," Lyle Denniston has a post titled "Nordyke gun case nears end." "Jailed ex-Guantanamo detainee appeals life sentence": Reuters has this report. Posted at 01:18 PM by Howard Bashman "Autopsy photos: balancing privacy against public interest." Ken Paulson has this essay online at the First Amendment Center. Posted at 01:14 PM by Howard Bashman "Under the U.S. Supreme Court: 'Influence, gratitude, access not corruption.'" UPI has a report that begins, "The U.S. Supreme Court will go behind closed doors June 14 to decide what to do about Montana's cheeky slap at Citizens United vs. FEC, the high court ruling that opened the gates to hundreds of millions in corporate independent political expenditures." Posted at 12:45 PM by Howard Bashman "New super PAC gets involved in Supreme Court race to back Newby": Yesterday's edition of The News & Observer of Raleigh, North Carolina contained an article that begins, "One of the most consequential elections in North Carolina this year has received little attention so far: the lone seat on the N.C. Supreme Court that is up for a vote, held by Justice Paul M. Newby. But the campaign pitting Newby against Democratic challenger Sam Ervin IV, a judge on the state Court of Appeals, should start drawing more attention as plans for a new super PAC begin ramping up fundraising on behalf of the incumbent. Key conservatives have formed the N.C. Judicial Coalition, a tax-exempt group that can take advantage of the recent ability to raise and spend unlimited money to support or oppose candidates." Posted at 10:33 AM by Howard Bashman Saturday, June 2, 2012 "Parents ask: Who owns son's Facebook? The law is murky when grieving relatives seek access to social media." This article appears today in The Minneapolis Star Tribune. Posted at 11:58 PM by Howard Bashman "So Much For Politics: More Than Half Of Supreme Court Decisions Unanimous." At Forbes.com, Daniel Fisher has a blog post that begins, "More than half of the Supreme Court decisions in the most recent term have been unanimous, further undermining the theory the nation's highest court is hopelessly split between a conservative majority and an embattled liberal minority." Posted at 11:54 PM by Howard Bashman "General Wayne Murder case: Sileo loses bid for new trial." Yesterday's edition of The Delaware County (Pa.) Daily Times contained an article that begins, "A former Main Line killer chef's latest recipe for freedom wasn't consumed by Pennsylvania's highest court, which denied his request to review his conviction for the 1996 shooting death of his business partner." Posted at 11:50 PM by Howard Bashman "When is a campaign donation a bribe? Supreme Court may decide; Scores of former state attorneys general urge the justices to hear the appeal of convicted former Alabama Gov. Don Siegelman." David G. Savage will have this article Sunday in The Los Angeles Times. Posted at 11:07 PM by Howard Bashman "Federal judge hears latest challenge to ban on worship in NY schools": Reuters has this report. Posted at 01:20 PM by Howard Bashman "Sandusky's attorneys appeal to state Supreme Court after trial delay denied by Superior Court": This article appears today in The Centre Daily Times of State College, Pennsylvania. Today's edition of The Philadelphia Inquirer contains an article headlined "Sandusky's last-ditch effort to delay trial -- in appeal to the state Supreme Court." And The Patriot-News of Harrisburg, Pennsylvania reports that "Jerry Sandusky's attorneys go to Pennsylvania Supreme Court in bid to delay trial." Friday, June 1, 2012 "9/11 defenders send mixed message on whether to split up Guantanamo trial": Carol Rosenberg of The Miami Herald has this news update. Posted at 10:42 PM by Howard Bashman "The Supremes": Yesterday at "The Paris Daily Review" blog, Joshua J. Friedman had a post that begins, "Here's how I fell in love with the Supreme Court: riding a Boston city bus, earbuds in, listening to the justices' voices." Posted at 10:40 PM by Howard Bashman "In Blistering Dissent, Judge Mines Deep for Verbal Nuggets": Justin Scheck has this post at WSJ.com's "Law Blog." You can access today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit containing the dissent in question at this link. "Court Wary of Overturning Warrantless Spy Case Victory, But Might Have To": David Kravets has this post at Wired.com's "Threat Level" blog. And The Associated Press reports that "Appeals court considers Bush wiretapping program." You can access via this link the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. "Judge won't bar Steve Jobs quotes from patent trial": Dan Levine of Reuters has this report concerning a case at which Seventh Circuit Judge Richard A. Posner is serving as the trial judge. According to the article, "In a separate order on Thursday, Posner forbid Apple from arguing that jurors should be predisposed to favor Apple over Motorola if they like Apple products, or admire [Steve] Jobs." Posted at 05:42 PM by Howard Bashman "Parents can be kidnappers: Court of Appeals." Reuters has a report that begins, "A divided New York Court of Appeals ruled on Thursday that custodial parents can be convicted of kidnapping their children." You can access yesterday's 4-to-3 ruling of the New York State Court of Appeals -- that state's highest court -- at this link. The majority opinion begins, "This case raises the question of whether it is possible for a parent who has custodial rights to a child to be guilty of kidnapping that child. We hold that it is possible . . . ." "Judge considers Idaho anonymous comments lawsuit": The Associated Press has a report that begins, "A lawyer for a newspaper website argued Friday that people should be allowed to post anonymous comments on its blogs without fear of being identified and then sued." Posted at 05:27 PM by Howard Bashman "Court orders DOE to get its head out of the sand on waste fees": Lawrence Hurley and Hannah Northey of Greenwire have an article that begins, "A federal appeals court today asked the Department of Energy to explain why it should be able to continue to collect fees for its nuclear waste fund despite the fact that there is no operating national repository." You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. "Appeals court upholds Alameda County gun show ordinance": Howard Mintz of The San Jose Mercury News has this update. My earlier coverage of today's en banc Ninth Circuit ruling appears at this link. Update: In other coverage, The Associated Press reports that "Calif. county avoids legal woes, allows gun shows." "Appeals court rules against ex-Gitmo prosecutor": The Associated Press has a report that begins, "A divided federal appeals court has thrown out a lawsuit by the former chief military prosecutor at Guantanamo Bay, who was fired by the Library of Congress for publicly criticizing the Obama administration over Guantanamo detainees." You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. "Judges Should Write Their Own Opinions": Online at The New York Times, William Domnarski has an op-ed that begins, "There is a crisis in the federal appellate judiciary." Posted at 01:46 PM by Howard Bashman "Can A Judge Order Individuals to Consent to Facebook Disclosing Their Status Updates?" Orin Kerr has this post at "The Volokh Conspiracy" reporting on an appellate ruling that I previously noted here. Posted at 01:37 PM by Howard Bashman "Jerry Sandusky's trial is a go: Superior Court denies motion to delay." The Patriot-News of Harrisburg, Pennsylvania has this update reporting on an order that the Superior Court of Pennsylvania issued today. And in other coverage, The Associated Press reports that "Pa. appeals court denies Sandusky's delay request." "No matter how broad the scope of the Second Amendment--an issue that we leave for another day--it is clear that, as applied to Plaintiffs' gun shows and as interpreted by the County, this regulation is permissible." So rules the en banc U.S. Court of Appeals for the Ninth Circuit today in the most recent installment of Nordyke v. King. You can access today's en banc ruling at this link. Posted at 01:22 PM by Howard Bashman Sixth Circuit rejects taxpayer standing-based Establishment Clause challenge to U.S. Treasury Department's commitment of federal dollars to American International Group, Inc., whose subsidiaries market and sell Sharia-compliant financing products: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link. Posted at 11:40 AM by Howard Bashman "Gay marriage fight likely heads to high court": This article appears today in The Boston Herald. In today's edition of The San Francisco Chronicle, Bob Egelko reports that "Denial of benefits to same-sex couples overturned." Howard Mintz of The San Jose Mercury News reports that "Defense of Marriage Act unconstitutional, another federal court rules." The Washington Times reports that "Boston court hands same-sex marriage backers big victory." The Associated Press reports that "Gay married couples look to high court on benefits." Lastly, from NPR, yesterday evening's broadcast of "All Things Considered" contained an audio segment titled "Court Rules Against Key Part Of Gay Marriage Law" featuring Nina Totenberg. And today's broadcast of "Morning Edition" contained an audio segment entitled "Court Rules Against Part Of Marriage Act." "Appeals court rejects VW/Audi sunroof settlement": Reuters has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday. Posted at 11:08 AM by Howard Bashman "Know Your Supreme Court": At the "ACSblog," Linda Greenhouse has this post about her recently issued book, "The U.S. Supreme Court: A Very Short Introduction." Posted at 11:05 AM by Howard Bashman "Court rules against Tenn. vet in colonoscopy case": The Associated Press has a report that begins, "Years after thousands of veterans learned they may have been exposed to infections at government-run hospitals, many are still mired in legal battles seeking compensation from the Department of Veterans Affairs." The article reports on a non-precedential ruling that the U.S. Court of Appeals for the Sixth Circuit issued on Monday of last week. "Obama Tells Donors Health-Care Fight May Loom After Court Rules": Bloomberg News has this report. Posted at 07:48 AM by Howard Bashman 
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