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Tuesday, July 31, 2012 "Devine beats incumbent Justice Medina in GOP race for Texas Supreme Court": The Associated Press has this report. Posted at 10:12 PM by Howard Bashman "Tea Party Favorite Wins Texas Runoff": The New York Times has this news update reporting on former Texas Solicitor General Ted Cruz's victory tonight. And The Houston Chronicle has a news update headlined "Cruz beats Dewhurst." "Fifth Circuit Court grants a full rehearing on Farmers Branch ordinance and the impact of landmark Arizona ruling": The Dallas Morning News has this blog post. And at the "Tex Parte Blog" of Texas Lawyer, John Council has a post titled "En banc 5th Circuit will rehear controversial immigration case involving Farmers Branch ordinance." You can access at this link today's order of the U.S. Court of Appeals for the Fifth Circuit granting rehearing en banc. My earlier coverage of the original three-judge panel's ruling can be accessed here. "Orie Melvin headed to trial on seven of nine charges": The Pittsburgh Tribune-Review has a news update that begins, "Suspended State Supreme Court Justice Joan Orie Melvin will stand trial on charges she illegally used her taxpayer-funded staff when she was still a Superior Court Judge to campaign for a seat on the high court in 2003 and again in 2009, a judge ruled Tuesday." Paula Reed Ward of The Pittsburgh Post-Gazette has a news update headlined "Orie Melvin faces trial on seven counts; two dismissed." And The Associated Press reports that "Pennsylvania Supreme Court Justice Joan Orie Melvin faces trial on campaign corruption charges." "Big money could arrive for N.C. Supreme Court race": The Associated Press has this report. Posted at 07:30 PM by Howard Bashman "Missouri Supreme Court throws out medical malpractice caps": The Kansas City Star has a news update that begins, "Caps on the amount of money a person can win in medical malpractice lawsuits are a violation of the right to a jury trial, the Missouri Supreme Court ruled Tuesday." You can access today's 4-to-3 ruling of the Supreme Court of Missouri at this link. "U.S. court revives suit involving Elvis memorabilia": Terry Baynes of Reuters has this report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today. Posted at 04:15 PM by Howard Bashman "Pet owners can't sue for emotional distress if animal is killed, N.J. Supreme Court rules": MaryAnn Spoto of The Newark Star-Ledger has this news update reporting on a decision that the Supreme Court of New Jersey issued today. And in other coverage, The Associated Press has a report headlined "NJ Court: Seeing pet mauled not same as kin slayed." "Richard Posner Gets It Wrong: Are there really too many patents in America?" Law professor Richard A. Epstein has this essay online at the "Defining Ideas" site of the Hoover Institution. Posted at 02:15 PM by Howard Bashman "Court denies appeal of circus family assault suit": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today. Posted at 02:00 PM by Howard Bashman "Congress Should Undo Supreme Court Privacy Decision, Panel Argues": Todd Ruger has this post today at "The BLT: The Blog of Legal Times." Posted at 01:58 PM by Howard Bashman "Obama's Unfinished Judicial Legacy": Jeffrey Toobin has this blog post online today at The New Yorker. The Salt Lake Tribune reports today that "Senate vote ends action on appeals court nominees before election." And today's edition of The Oklahoman contains an editorial entitled "Confirmation of highly qualified 10th Circuit nominee left to languish some more." "Gay marriage ban backers seek Supreme Court review": The Associated Press has this report. And at "SCOTUSblog," Lyle Denniston has a post titled "'Proposition 8' defenders' appeal filed." "Chief Justice Lets Maryland Continue to Collect DNA": Adam Liptak has this article today in The New York Times. Today's edition of The Washington Post contains an article headlined "For now, Md. police can take DNA from charged criminals, Supreme Court says." And The Daily Times of Salisbury, Maryland contains an article headlined "Justice Roberts: High court likely to take DNA case; Stay allows Md. law enforcement to continue collecting DNA." "Federal judge OKs law curbing AZ abortions after 20 weeks; Says it protects women's health, ensures that fetuses feel no pain": Howard Fischer has this article today in The Arizona Daily Star. And The Arizona Republic reports today that "Judge to let Arizona's abortion ban take effect." "Group appeals personhood ruling to U.S. Supreme Court": The Oklahoman contains this article today. And The Tulsa World reports today that "Group requests personhood appeal from U.S. Supreme Court." "Infinite Justice: The David Foster Wallace Connection to Scalia's New Book." This post appeared last week at WSJ.com's "Speakeasy" blog. Posted at 09:52 AM by Howard Bashman "Voters to decide whether judges should pay more for benefits after swift action from Legislature": MaryAnn Spoto has this article today in The Newark (N.J.) Star-Ledger . The Bergen County Record reports today that "NJ Legislature approves putting question on ballot about judge's pensions, benefits." And The Philadelphia Inquirer contains an article headlined "In bipartisan move, Legislature puts judges' benefit contributions on the ballot." "Republican opposition in Senate kills move to confirm Oklahoman to appeals court post; The U.S. Senate failed to advance the nomination of Robert E. Bacharach, an Oklahoma City magistrate, falling four votes short of breaking a Republican filibuster that has become presidential election-year custom": This article appears today in The Oklahoman. The Portland (Me.) Press Herald reports today that "Cape Elizabeth lawyer's judicial nomination on hold; The Senate majority leader says a vote to seat William Kayatta is unlikely before Election Day." And The Associated Press reports that "Republicans block confirmation of Oklahoma judge." Monday, July 30, 2012 "Former clerks testify at Orie Melvin preliminary hearing": Paula Reed Ward of The Pittsburgh Post-Gazette has this news update. And The Pittsburgh Tribune-Review has a news update headlined "2 former employees say they did 2003 campaign work for Melvin." "Appeals Court Rules Heat Can Violate Prisoner Rights": The Texas Tribune has this report on a non-precedential ruling that the U.S. Court of Appeals for the Fifth Circuit issued today. Posted at 07:58 PM by Howard Bashman "Roberts: Supreme Court may strike down Md. DNA ruling; Chief Justice extends stay to allow collection in Maryland." The Baltimore Sun has this news update. My earlier coverage of today's in chambers opinion appears at this link. "Oklahoma senators sideline themselves on judicial nomination vote; Sens. Tom Coburn and Jim Inhofe supported the nomination of U.S. Magistrate Judge Robert E. Bacharach, but voted 'present,' a move that allows them to vote without registering support or opposition": The Oklahoman has a news update that begins, "With Oklahoma's senators effectively sidelining themselves, the Senate failed Monday to advance an Oklahoma City magistrate past a Republican blockade and toward confirmation to a federal appeals court." Roll Call reports that "Senate Filibusters Oklahoma Judicial Nominee." And at "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "Senate Blocks Tenth Circuit Nominee; Could Be Last Such Vote Until After Election." You can access the roll call vote tally of today's failed cloture vote of the U.S. Senate at this link. "Benchslap of the Day: Justice Scalia Pulls Rank on Judge Posner." David Lat has this post at "Above the Law." Posted at 05:14 PM by Howard Bashman "2nd Circuit rebuffs challenge to Buffalo firefighter test": Reuters has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today. Posted at 04:48 PM by Howard Bashman "1st Circuit slashes $30 million fee award in Audi class action": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued last Friday. Posted at 04:30 PM by Howard Bashman "5th Circuit says world-class trash talking not enough to prove sex discrimination": John Council has this post today at the "Tex Parte Blog" of Texas Lawyer about a ruling that the U.S. Court of Appeals for the Fifth Circuit issued last Friday. Posted at 03:36 PM by Howard Bashman "Judge says Arizona's abortion ban can take effect": The Associated Press has this report. And in earlier coverage, today's edition of The Arizona Republic contains a front page article headlined "Abortion law complicates fetal-defect cases; New limits put on abortions." "N.J. Legislature approves bill to let voters decide whether judges should pay more for benefits": MaryAnn Spoto of The Newark Star-Ledger has a news update that begins, "In a stern rebuke of a state Supreme Court decision protecting Superior Court judges and Supreme Court justices from paying more into their pension and health benefits plans, the Senate and Assembly this morning passed a resolution that would allow lawmakers to bypass the ruling." And Reuters reports that "New Jersey lawmakers approve judicial pension measure." "High court lets controversial criminal DNA collection law stay in place for now": Bill Mears of CNN.com has this report. And at "SCOTUSblog," Lyle Denniston has a post titled "DNA testing may go on." You can access today's in chambers opinion written by Chief Justice John G. Roberts, Jr. at this link. Update: In other coverage, The Associated Press has a report headlined "Roberts: Supreme Court likely to take Md. DNA case." And Terry Baynes and Jonathan Stempel of Reuters report that "Supreme Court may review case over DNA samples." "A Poor Excuse to Block Judges": This editorial appears today in The New York Times. Posted at 10:55 AM by Howard Bashman "Pennsylvania Supreme Court sees first 3-3 split since Melvin's suspension": Ben Present of The Legal Intelligencer has this article, in which I am mentioned, in today's edition of The Pittsburgh Post-Gazette. And The Associated Press reports that "Preliminary hearing set for Pa. Justice Melvin." "Health insurance mandate faces huge resistance in Oklahoma": Today's edition of The Washington Post contains an article that begins, "The Supreme Court may have declared that the government can order Americans to get health insurance, but that doesn't mean they're going to sign up. Nowhere is that more evident than Oklahoma, a conservative state with an independent streak and a disdain for the strong arm of government. The state cannot even get residents to comply with car insurance laws; roughly a quarter of the drivers here lack it, one of the highest rates in the country." Posted at 08:09 AM by Howard Bashman "Justice Scalia steps up criticism of healthcare ruling": Reuters has this report. And Bloomberg News reports that "Scalia Rebuffs Criticism Of Dissent In Immigration Case." C-SPAN has posted online the video and transcript of Justice Antonin Scalia's appearance on yesterday's broadcast of "Q&A." "N.J. lawmakers look to bypass court's judge pension ruling in special session": MaryAnn Spoto of The Newark Star-Ledger has this news update. Posted at 08:02 AM by Howard Bashman "Endorsements point to sharp differences in state Supreme Court hopefuls; Medina has established political connections; Devine has support of religious, conservatives": Today in The Austin American-Statesman, Chuck Lindell has an article that begins, "In Tuesday's GOP runoff for a seat on the Texas Supreme Court, each candidate's list of endorsements highlights the differences between them." Posted at 07:58 AM by Howard Bashman "Teen killers such as Nicholas Lindsey now have a chance to get sentences reduced": This article appeared yesterday in The Tampa Bay Times. Posted at 07:40 AM by Howard Bashman "Personhood group plans to appeal Oklahoma Supreme Court ruling": Saturday's edition of The Oklahoman contained an article that begins, "A national group plans to go to the U.S. Supreme Court to appeal an Oklahoma ruling that its proposed ballot issue to define a fertilized human egg as a person is unconstitutional." Posted at 07:38 AM by Howard Bashman "Senate could vote on judicial nominee Monday; A Cape Elizabeth lawyer and other choices for federal court have been in a holding pattern": This article appeared yesterday in The Maine Sunday Telegram. Posted at 07:36 AM by Howard Bashman "Controversial measure is in hands of judge with Valley ties; The ruling Robert Simpson makes would stand if Supreme Court deadlocks": Peter Hall and Scott Kraus of The Morning Call of Allentown, Pennsylvania recently had an article that begins, "Pennsylvania's new voter identification law has sparked controversy, protests and a legal challenge. Now the law's fate falls to Commonwealth Court Judge Robert 'Robin' Simpson of Nazareth." Posted at 07:30 AM by Howard Bashman "Critics assail 1980s-era hacking law as out of step": Reuters has a report that begins, "A 1984 U.S. anti-hacking law passed when computer crime was in its infancy is under fire for potentially going too far in criminalizing the actions of employees who violate workplace policies. Judges across the country are divided on how the 28-year-old law, the U.S. Computer Fraud and Abuse Act, can be applied. At the same time, the Justice Department has signaled it wants to ramp up prosecutions under the law, even as it has lost some cases." Posted at 07:25 AM by Howard Bashman Sunday, July 29, 2012 "A Tragic Accident and a Continuing Legal Battle": The Texas Tribune has this report today. Posted at 11:14 PM by Howard Bashman "Justice Antonin Scalia on Q&A": C-SPAN has this preview of tonight's broadcast of the program "Q&A." Posted at 04:45 PM by Howard Bashman "Scalia opens door for gun-control legislation": FoxNews.com has this report. Bloomberg News reports that "Scalia Rejects Criticism Of Dissent In Arizona Case." And WSJ.com's "Washington Wire" blog has posts titled "Justice Scalia: 'I'm Not Cantankerous'" and "Supreme Court Justice Scalia Addresses Nation's Gun Laws." You can watch the video of Justice Antonin Scalia's appearance on today's broadcast of "Fox News Sunday" by clicking here. "Under the U.S. Supreme Court: Gun control in the post-Aurora world." Michael Kirkland of UPI has this report. Posted at 09:24 AM by Howard Bashman Saturday, July 28, 2012 "Oklahoma Sen. Tom Coburn considers voting against his party to help an Oklahoman get confirmed to federal appeals court; Federal magistrate Robert E. Bacharach, of Oklahoma City, may need both Oklahoma Republican senators to break ranks with the GOP in showdown vote on Monday": This article appears today in The Oklahoman. Posted at 01:50 PM by Howard Bashman "4th Circuit Limits the Reach of the Computer Fraud and Abuse Act -- WEC Carolina Energy Solutions v. Miller": Venkat Balasubramani has this post at the "Technology & Marketing Law Blog" discussing a ruling that the U.S. Court of Appeals for the Fourth Circuit issued on Thursday. Posted at 01:45 PM by Howard Bashman Friday, July 27, 2012 "Senate Showdown Coming for Appellate Judicial Nominees": Todd Ruger has this post at "The BLT: The Blog of Legal Times." Posted at 02:06 PM by Howard Bashman "Thanks, Citizens United, for This Campaign Finance Mess We're In; Apologists for this damaging Supreme Court decision are wrong on the facts and the law": Adam Skaggs has this essay online at The Atlantic. Posted at 01:08 PM by Howard Bashman "Cigarette Makers Lose Bid To End Racketeer Case Monitor": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today. Update: In other coverage, Pete Yost of The Associated Press reports that "Court leaves ruling against big tobacco intact." "The balance between an attorney's right to free political speech and a state's right to regulate attorney conduct is delicate." So begins the opinion of the court that a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today. Update: In early news coverage, The Associated Press reports that "Lawyer's reprimand rejected on free speech grounds." "Robin Hood Airport tweet bomb joke man wins case; A man found guilty of sending a menacing tweet threatening to blow up an airport has won a challenge against his conviction": BBC News has this report. The Independent (UK) has a news update headlined "Twitter joke trial man Paul Chambers wins appeal victory." The Guardian (UK) has a news update headlined "Twitter joke trial: Paul Chambers wins high court appeal against conviction; Accountant says he feels 'relieved and vindicated' as court rules his joke tweet about blowing up an airport was not menacing." In addition, Ian Cram has an essay entitled "The tweet that bombed: the Twitter joke trial, judges and the internet; Case of Paul Chambers illustrates legal habit of shoehorning new practices to fit existing laws" that begins, "At a conference held at the University of Chicago in 1996 to examine the implications of cyberspace for the law and legal practice, Judge Frank Easterbrook argued that attempts to rework existing legal categories to address electronic forms of communication were wholly misguided and likely to cause confusion." Financial Times has a news update headlined "Twitter user wins airport tweet appeal." Reuters reports that "Bomb joke tweeter wins landmark ruling." The Associated Press reports that "British man wins 'Twitter threat' appeal." And CNN.com reports that "Tweeter cleared of sending menacing airport threat." You can access today's ruling of the Queen's Bench Division of England's High Court of Justice at this link. Thursday, July 26, 2012 "U.S. Senate Democrats try to force vote on Oklahoma judicial nominee; Senate Majority Leader Harry Reid seeks to break a Republican blockade and get a vote on Robert E. Bacharach, a federal magistrate judge in Oklahoma City, for a federal appeals court": The Oklahoman has this news update. And Politico.com has a news update headlined "Senate Dems step up judicial wars." "Appeals court sides with women who took Prempro": The Associated Press has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued today. Posted at 06:27 PM by Howard Bashman "Scalia: Supreme Court disagreements not personal." Mark Sherman of The Associated Press has this report. Posted at 05:44 PM by Howard Bashman "Alabama solicitor general details philosophies behind U.S. Supreme Court healthcare act ruling": The Birmingham News has this update. Posted at 04:40 PM by Howard Bashman "No-fly list lawsuit should proceed in federal court in Portland, appeals panel rules": The Oregonian has this news update. Terry Baynes of Reuters reports that "Appeals court revives challenge against US 'no fly' list." The Associated Press reports that "Appeals court allows no-fly challenge to proceed." And the ACLU has issued a news release headlined "Federal Appeals Court Allows 'No Fly List' Challenge to Proceed; ACLU Represents 15 People Government Put on Secret List and Banned From Flying Without Explanation." My earlier coverage of today's Ninth Circuit ruling appears at this link. "Defendants can benefit from clarifications in the law: 5th Circuit." Terry Baynes of Reuters has this report on an en banc ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday. Posted at 04:22 PM by Howard Bashman "Deals to Keep Generic Drugs Off Market Get a Court Rebuff": This article will appear Friday in The New York Times. Posted at 04:20 PM by Howard Bashman "Scalia Defends Citizens United, Arizona Immigration Decision": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 02:10 PM by Howard Bashman Ninth Circuit reinstates lawsuit challenging list of known and suspected terrorists who are not permitted to fly in United States airspace: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. My earlier coverage of the oral argument of this appeal can be accessed here. "C-SPAN Q&A with Justice Antonin Scalia": C-SPAN has posted online these video clips from an interview scheduled for broadcast this weekend. Posted at 12:57 PM by Howard Bashman "Filling the Eleventh Circuit vacancies": Law professor Carl Tobias has this blog post online at The Hill. Posted at 11:50 AM by Howard Bashman "Scalia Discusses Views on Textualism and the Process of Co-Writing His New Book": ABA Journal's "Law News Now" blog has posted online a lengthy audio clip that you can access via this link. Posted at 10:38 AM by Howard Bashman "Arizona's Ban At 20 Weeks Shows Country's Shift On Abortion Law": Bloomberg News has this report. Posted at 08:22 AM by Howard Bashman "Appeals Court: Arizona man can't sue Medtronic." On April 17, 2012, Cronkite News Service had this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued the previous day. And a few days later, the "Constitutional Law Prof Blog" had a post titled "Ninth Circuit: Failure to Warn Claim Against Med Device Maker Preempted." Yesterday. the Ninth Circuit issued this order granting rehearing en banc in the case. "Federal appeals court to reconsider California DNA-collection law; A three-judge panel had upheld California's law that requires police to collect DNA from felony arrestees, but a panel of 11 federal judges will review the case": Maura Dolan has this article today in The Los Angeles Times. In today's edition of The San Francisco Chronicle, Bob Egelko reports that "Court gives DNA sampling law new hearing." And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Circuit to Reconsider Mandatory Arrestee DNA Collection." You can access at this link yesterday's order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc. My earlier coverage of the original divided three-judge panel's ruling in the case can be accessed here. Wednesday, July 25, 2012 "The Story So Far": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times. Posted at 11:17 PM by Howard Bashman "Justice Scalia Disputes Accuracy Of 'Leak'": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition." Totenberg also has a separate blog post titled "Interviewing Scalia: Verbal Wrestling Match With A Master." "O'Connor Faults Supreme Court Critics with a 'Lack of Understanding'": Todd Ruger has this post today at "The BLT: The Blog of Legal Times." Thanks to C-SPAN, you can access the video of retired Justice Sandra Day O'Connor's testimony today before the Senate Judiciary Committee via this link. Programming note: Additional posts will appear here late this afternoon. Posted at 10:18 AM by Howard Bashman "Church of Scientology: Two former ministers' lawsuit loses on appeal; The 9th Circuit Court of Appeals says a married couple failed to show their rights had been violated." The Press-Enterprise of Riverside, California contains this article today. Maura Dolan of The Los Angeles Times has a blog post titled "Scientology did not violate forced labor law, appeals court rules." The Associated Press reports that "Couple loses forced labor suit against Scientology." Terry Baynes of Reuters reports that "Church of Scientology defeats human trafficking claims." And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Forced Labor Claim Against Scientology Tossed." You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Tuesday, July 24, 2012 "Handgun ammo law stuck in Calif. court": Bob Egelko of The San Francisco Chronicle has a news update that begins, "A battle is looming in California courts over whether gun owners should be required to appear in person and be fingerprinted before being allowed to buy ammunition -- like the thousands of rounds James Holmes reportedly purchased on the Internet in the weeks before he entered a Colorado movie theater for a deadly shooting rampage Friday morning." Posted at 10:30 PM by Howard Bashman "9th Circuit comes to Boise to hear parent rights case": The Spokesman-Review of Spokane, Washington has this news update. And The Associated Press reports that "9th Circuit judges hear Idaho parent rights case." In the August 2012 issue of ABA Journal magazine: Mark Walsh has an article headlined "Youth Will Out: No Matter Who Wins, SCOTUS Nominees Will Get Younger." And Bryan A. Garner has an article entitled "Shall We Abandon Shall?" "Coakley asks Supreme Court to uphold DOMA ruling": The Boston Globe has this news update. The Boston Herald has a news update headlined "Coakley urges Supreme Court to strike down DOMA." And Reuters reports that "Massachusetts asks Supreme Court to take on gay marriage case." "3 Million Fewer May Be Insured Due to Ruling, Study Predicts": The New York Times has this news update. And The Washington Post has a news update headlined "CBO: Court ruling cuts cost of health-care law, but leaves 3 million more uninsured." "Spirit Airlines Loses Challenge To All-In Fare Ad Rule": Bloomberg News has this report. David Ingram of Reuters has a report headlined "Ads for plane tickets must show real cost -- U.S. court." And The Associated Press reports that "Airline bid to block consumer protections rejected." You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link. "Appeals court upholds SD abortion suicide advisory": The Associated Press has this report. Bloomberg News reports that "South Dakota Abortion-Suicide Advisory Lawful, Court Says." And Reuters reports that "Appeals court upholds South Dakota abortion law's suicide advisory." My earlier coverage of today's en banc Eighth Circuit ruling appears at this link. "Judges don't have to contribute more for health care and pensions, N.J. Supreme Court rules": MaryAnn Spoto of The Newark Star-Ledger has this news update. And at the "New Jersey Appellate Law" blog, Bruce D. Greenberg has this related post. You can access today's 3-to-2 ruling of the Supreme Court of New Jersey at this link. Update: In other coverage, Reuters has a report headlined "New Jersey judges exempt from pension cost hike: state Supreme Court." Bloomberg News reports that "New Jersey Judges Avoid Pension Cost Increase, Court Says." The Philadelphia Inquirer has a blog post titled "Supreme Court rebuffs Christie on public benefits reform." And The Newark Star-Ledger has an additional news update headlined "Legislators vow to challenge N.J. Supreme Court ruling on judicial pensions, benefits," along with an editorial entitled "Supreme Court wrong on judges' pensions, benefits." "Bid to seize profits from sale of Hicks memoir fails": This article will appear Wednesday in The Sydney Morning Herald. And The Associated Press reports that "Fight over ex-Gitmo detainee's book profits ends." "Elmbrook loses graduation ceremony appeal": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "The Elmbrook School District violated the constitutional separation of church and state by holding graduation ceremonies inside Elmbrook Church, the 7th Circuit U.S. Court of Appeals ruled Monday. The ruling reverses a previous ruling by a district court and a 7th Circuit three-judge panel." And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Appeals Court Rejects Use of Church for Public School Graduation." My earlier coverage of yesterday's Seventh Circuit ruling appears at this link. "On its face, the suicide advisory presents neither an undue burden on abortion rights nor a violation of physicians' free speech rights." So holds the majority in an en banc ruling that the U.S. Court of Appeals for the Eighth Circuit issued today, in overturning a permanent injunction that Planned Parenthood had obtained from a South Dakota-based federal district judge. The injunction had prohibited enforcement of a South Dakota statute requiring the disclosure to patients seeking abortions of an "increased risk of suicide ideation and suicide" among women who undergo the procedure. The en banc court's vote in favor of upholding the South Dakota law and overturning the permanent injunction was 7-to-4. Monday, July 23, 2012 "The Public Is Left in the Dark When Courts Allow Electronic Surveillance": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times. Posted at 11:17 PM by Howard Bashman "Prosser converts campaign account to legal defense fund": Patrick Marley of The Milwaukee Journal Sentinel has a news update that begins, "State Supreme Court Justice David Prosser has re-christened his campaign finance account as a defense fund, which he said he is considering using to fight allegations that he violated judicial ethics rules by putting his hands on the neck of a fellow justice last year." Posted at 10:50 PM by Howard Bashman The Green Bag has announced its issuance of the Ruth Bader Ginsburg bobblehead doll: Details here. Posted at 05:16 PM by Howard Bashman "Wauwatosa lawyer challenges state's gun silencer law": Bruce Vielmetti of The Milwaukee Journal Sentinel has this report. Posted at 05:09 PM by Howard Bashman "Federal Appeals Court Rules That Wisconsin Public School May Not Hold Graduation Ceremonies In A Church; Church-State Watchdog Group Celebrates Ruling Reversing Lower Court Decision In Elmbrook Case": The organization Americans United for Separation of Church and State has issued this news release about an en banc ruling, by a vote of 7-to-3, that the U.S. Court of Appeals for the Seventh Circuit issued today. Circuit Judge Kenneth F. Ripple wrote the lead dissenting opinion, in which Chief Judge Frank H. Easterbrook and Circuit Judge Richard A. Posner joined. Chief Judge Easterbrook and Judge Posner also contributed separate dissenting opinions. My earlier coverage of the original three-judge Seventh Circuit panel's ruling in this case, which reached the opposite result regarding the Establishment Clause from the en banc court, can be accessed here. "Writers Bloc: Justice Scalia's Literary Collaborator Tells All." Jess Bravin has this post at WSJ.com's "Law Blog." Posted at 02:44 PM by Howard Bashman "Inaction on judges affecting Utah; Stalling by Congress affects even nominees with bipartisan support": This article appeared Saturday in The Salt Lake Tribune. Posted at 09:45 AM by Howard Bashman "6th Circuit Joins Split Over Ineffective Counsel Claims Arising from the Failure to File Appeal": Nicholas J. Wagoner has this post today at the "Circuit Splits" blog. Posted at 09:07 AM by Howard Bashman "Judges retreat from lawsuit over judge selection": The Knoxville News Sentinel today contains an article that begins, "Eleven of Tennessee's 12 Court of Appeals judges have declined to be involved in an appeal of John Jay Hooker's latest effort to invalidate the state's system for selecting appeals court judges." Posted at 07:32 AM by Howard Bashman "Richard Sanders faces 3 rivals in Supreme Court comeback bid": Today's edition of The Seattle Times contains an article that begins, "Two years after narrowly losing his state Supreme Court seat in the wake of controversial comments about race and crime, Richard Sanders is running again in a crowded primary field." Posted at 07:20 AM by Howard Bashman "For Cruz, Supreme Court Work at Heart of Campaign": Aman Batheja of The Texas Tribune has an article today that begins, "In nearly every speech Ted Cruz delivers in his bid for an open U.S. Senate seat, the former Texas solicitor general repeatedly mentions the U.S. Supreme Court." Posted at 07:16 AM by Howard Bashman "Paul Clement, prolific in high court arguments, reviews latest term": Gina Passarella of The Legal Intelligencer has this article republished today in The Pittsburgh Post-Gazette. Posted at 07:15 AM by Howard Bashman Sunday, July 22, 2012 "Christie's likely choice for high court has a way with Democrats and Republicans alike": The Bergen County (N.J.) Record contains this article today. Posted at 11:02 PM by Howard Bashman "Sex assault conviction may be test case for testimony standards": This article appears in today's edition of The Las Vegas Review-Journal. Posted at 10:40 PM by Howard Bashman "Obama's Judicial Nominees Face Slowed Confirmation Process": Nina Totenberg of NPR has this blog post. Posted at 10:32 PM by Howard Bashman "Election of Supreme importance to Court's future": Darren Samuelsohn and Josh Gerstein of Politico.com have this report. Posted at 10:22 PM by Howard Bashman "Scalia Offers Up 57 Varieties for Interpreting Legal Texts": Jess Bravin will have this article Monday in The Wall Street Journal. Posted at 10:20 PM by Howard Bashman "Supreme Court is asked to find that insanity defense is a constitutional right": Robert Barnes will have this article Monday in The Washington Post. Posted at 10:18 PM by Howard Bashman "Benefits rules eased on same-sex partners of federal employees; The Obama administration has made it easier for domestic partners to get some retirement funds, while it awaits a Supreme Court ruling on the benefits ban for same-sex spouses of federal workers": David G. Savage had this article yesterday in The Los Angeles Times. Posted at 09:12 AM by Howard Bashman "Under the U.S. Supreme Court: Will voter ID laws cost Obama the election?" UPI has this report. Posted at 09:07 AM by Howard Bashman Saturday, July 21, 2012 "Pfizer Loses Prempro Ruling, Must Pay $10.4 Million": Jef Feeley of Bloomberg News has this report. Posted at 10:44 PM by Howard Bashman "From the Reagan Presidential Library: More John Roberts Memos." Kyle Graham has this post at his blog, "noncuratlex.com." Posted at 10:35 AM by Howard Bashman "He's Watching That, in Public? Pornography Takes Next Seat." This front page article appears today in The New York Times. Posted at 10:32 AM by Howard Bashman Friday, July 20, 2012 "Federal Appeals Court upholds Georgia ban on guns in 'places of worship'": The Atlanta Journal-Constitution has this news update reporting on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today. Posted at 04:58 PM by Howard Bashman "Federal Circuit Weighs New Precedent in Human Gene Patentability Case": Zoe Tillman has this post at "The BLT: The Blog of Legal Times." And at WSJ.com's "Law Blog," Brent Kendall has a post titled "Judges Hold the Line on Gene Patents." "Court revives FBI supervisor's bias complaint": Pete Yost of The Associated Press has this report. And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "D.C. Circuit Revives FBI Agent's Discrimination Claim Against Bureau." You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. "A Bigger Victory Than We Knew": In the August 16, 2012 issue of The New York Review of Books, Ronald Dworkin will have an essay that begins, "Above all, we should celebrate. The Supreme Court, by a 5-4 vote, has left President Obama's Affordable Care Act almost entirely intact." Posted at 01:05 PM by Howard Bashman "EPA Sulfur Dioxide Rules Upheld By U.S. Court Of Appeals": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today. Update: In other coverage, Pete Yost of The Associated Press reports that "Appeals court rejects challenge to clean air rule." Billy Preston minus Syreeta equals concurring opinion mention: A one paragraph concurring opinion that Circuit Judge Janice Rogers Brown issued today begins: An old song laments that "nothing from nothing leaves nothing." Billy Preston, Nothing from Nothing, on The Kids and Me (A&M Records 1974). Logically, it should follow that nothing plus nothing leads to the same result. But, in the rarefied atmosphere of attorneys' fees litigation and in light of this Court's divided decision in New Jersey v. EPA, 663 F.3d 1279 (D.C. Cir. 2011), nothing times nothing is apparently worth a great deal.You can access today's complete D.C. Circuit ruling at this link. Posted at 11:28 AM by Howard Bashman "Oklahoma legal leaders urge Sens. Tom Coburn and Jim Inhofe to seek vote on state's judicial nominee; Senate Republicans are blocking votes for nominees to federal appeals courts, and leaders in Oklahoma's legal community want the state's GOP senators to intervene for Robert E. Bacharach": This article appears today in The Oklahoman. Posted at 11:22 AM by Howard Bashman "Book Says Supreme Court Gig Crashed Sonia Sotomayor's Personal Life": U.S. News & World Report has this blog post. Posted at 09:25 AM by Howard Bashman "Justice Roberts issues order in Wicomico case; Suspect's DNA collection contested in 2003 rape": This article appears today in The Daily Times of Salisbury, Maryland. And The Baltimore Sun has a blog post titled "Maryland law enforcement agencies resume DNA collections; After temporary order from chief justice, local police continue practice." "Lawyers for ex-Ill. governor before appeals court": The Associated Press has this report. Posted at 09:18 AM by Howard Bashman "Bayou Blues": Today's edition of The New York Times contains an editorial that begins, "An ugly fight about who should be the Louisiana Supreme Court's next chief justice is an unsettling example of how power can trample voting rights even where they should be sacrosanct." Posted at 09:08 AM by Howard Bashman Thursday, July 19, 2012 "Juries in New Jersey to Get Warning on Eyewitnesses": This article will appear Friday in The New York Times. Posted at 10:33 PM by Howard Bashman "Bonds Wasn't Just 'Rambling,' He Was Lying, U.S. Says": As the "Legal Pad" blog of The Recorder, Scott Graham has a post that begins, "The U.S. government is still calling Barry Bonds a liar." You can access at this link the Brief for Appellee that federal prosecutors filed today in the U.S. Court of Appeals for the Ninth Circuit. "Tonight, inside the Supreme Court, a rare and exclusive interview with the longest serving justice, Antonin Scalia." So begins the interview transcript, which CNN has posted at this link. Posted at 04:48 PM by Howard Bashman "A Philadelphia justice who foreshadowed John Roberts": Nicolaus Mills has this op-ed today in The Philadelphia Inquirer. Posted at 12:09 PM by Howard Bashman "Language is loser in 'Obamacare' ruling": Chris Mondics' "Law Review" column in today's edition of The Philadelphia Inquirer begins, "In his stocking feet, lawyer Paul Clement couldn't be more than 5' 10". But in the world of conservative jurisprudence, he plays the role of a seven foot center." Posted at 12:08 PM by Howard Bashman "Peterson appeal may be helped by ruling": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "Scott Peterson's prospects for overturning his death sentence may have improved this week." Posted at 12:03 PM by Howard Bashman "Court tells Disneyland to study use of Segways by park visitors; Appeals panel overturns lower court's decision in favor of Disney in lawsuit by disabled woman who was refused permission to use the two-wheeled device": Maura Dolan has this article today in The Los Angeles Times. In today's edition of The San Francisco Chronicle, Bob Egelko reports that "Disney must let disabled mom use Segway." The Associated Press reports that "Court tells Disneyland to study Segway use." At her "Trial Insider" blog, Pamela A. MacLean has a post titled "The Mouse on a Segway?" And at his "Disability Law" blog, Samuel Bagenstos has a post titled "'Segways at Disneyland? Could Happen.'" Chief Judge Alex Kozinski wrote yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit on behalf of a unanimous three-judge panel. "Scalia Says He Had No 'Falling Out' With Chief Justice": Adam Liptak has this article today in The New York Times. Bill Mears of CNN.com reports that "Scalia dismisses talk of internal court rancor." Reuters reports that "Scalia says no fallout with Roberts over healthcare decision." National Journal reports that "Scalia Defends 'Citizens United,' Reflects on Term in Rare TV Appearance." And The Hill has a report headlined "Scalia, on healthcare ruling: 'I haven't had a falling out with Justice Roberts.'" Wednesday, July 18, 2012 "Public's Opinion of Supreme Court Drops After Health Care Law Decision": Adam Liptak and Allison Kopicki will have this article Thursday in The New York Times. Posted at 11:35 PM by Howard Bashman "Scalia says no 'falling out' with Roberts": Jesse J. Holland of The Associated Press has this report. Update: In other coverage, Greg Stohr of Bloomberg News reports that "Scalia Says He Had No 'Falling-Out' With Roberts On Health Care." And Josh Gerstein of Politico.com reports that "Scalia says he's not feuding with Roberts." "State Attorney General Kamala Harris backs undocumented immigrant's law license bid": Howard Mintz of The San Jose Mercury News has an update that begins, "California Attorney General Kamala Harris on Wednesday sided with an undocumented immigrant's bid to become a lawyer, telling the state Supreme Court that the law school graduate has a legal right to get his license to practice." Posted at 08:23 PM by Howard Bashman "Poll: John Roberts more popular among liberals than conservatives." CBS News has this report. Posted at 08:00 PM by Howard Bashman "Lawsuit filed for girl injured by foul ball at Braves game": Bill Rankin of The Atlanta Journal-Constitution has this news update. Posted at 07:58 PM by Howard Bashman "Roberts: Maryland can resume DNA collection." The Associated Press has this report. Update: At "SCOTUSblog," Lyle Denniston has a post titled "DNA ruling blocked, for now." "Scalia Plans Book Tour, Interview": Ariane de Vogue of ABC News has this blog post. Posted at 02:50 PM by Howard Bashman Seventh Circuit affirms rejection of flight attendant's Federal Tort Claims Act suit alleging that the U.S. government was responsible for injuries she sustained while working on a commercial airline flight that encountered severe turbulence: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link. Posted at 11:35 AM by Howard Bashman "Melvin seeks hefty file on former employees": In today's edition of The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, "Attorneys for a variety of Pennsylvania court administrators believe a request by state Supreme Court Justice Joan Orie Melvin to turn over a slew of records relating to employment, bookkeeping, expenses and policies is not only overbroad but outside the scope of her preliminary hearing scheduled for July 30." And in related coverage, today's edition of The Legal Intelligencer contains an article by Gina Passarella headlined "Orie Melvin Loses Bid for Recusal of Allegheny Co. Bench" (subscription required) reporting on an order that the Supreme Court of Pennsylvania issued yesterday. "Intention and the Canons of Legal Interpretation": At the "Opinionator" blog of The New York Times, Stanley Fish has a post that begins, "Those who are still wondering why Chief Justice John G. Roberts voted as he did in NFIB v. Sebelius might find an answer (not necessarily the answer) in Antonin Scalia's and Bryan A. Garner's new book ...." Posted at 11:08 AM by Howard Bashman Tuesday, July 17, 2012 "Civil Rights Groups Seek To Stop Arizona Immigration Law": Bloomberg News has this report. The Associated Press reports that "Ariz. immigration law opponents file new offensive." And Howard Fischer of The Arizona Daily Star has a news update headlined "New effort by group to block SB 1070 provision." "States saying no to 'Obamacare' could see downside": The Associated Press has this report. Posted at 10:56 PM by Howard Bashman "Scalia and Garner on statutory interpretation": At the blog "LAWnLinguistics," Neal Goldfarb has four posts about the new book. The posts are titled "Introduction"; "Prescriptivist Statutory Interpretation?"; "Syntactic ambiguity"; and "Three syntactic canons." Posted at 10:30 PM by Howard Bashman "Justices Overturn Restitution Order to Estate as 'Victim'": Metropolitan News-Enterprise has a report that begins, "The state Supreme Court yesterday unanimously agreed with a drunk driver's argument that the estate of the man he killed when he drove the wrong way on the freeway was not a 'victim' entitled to restitution. The court overturned a $446,486 restitution award against Paul Dean Runyan in favor of the estate of Donald Benge, who left no heirs or relatives." You can access yesterday's ruling of the Supreme Court of California at this link. "In Kiobel filings, human rights group queries AG Holder conflicts": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. Posted at 07:09 PM by Howard Bashman "Miss. abortion clinic may be on way to closing": The Associated Press has this report. Posted at 06:22 PM by Howard Bashman "Second Annual Supreme Court Term in Review Program" at University of California, Irvine School of Law is now underway: You can view the program live, online by clicking here (via "Election Law Blog"). Posted at 03:14 PM by Howard Bashman Majority on divided three-judge Ninth Circuit panel rejects Fourth Amendment challenge to Los Angeles ordinance that requires operators of hotels to maintain certain guest registry information and to make that information available to police officers on request: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Update: Pamela A. MacLean has this post about the ruling at her "Trial Insider" blog. "Chief Guantanamo judge refuses request to disqualify himself from USS Cole trial": Carol Rosenberg of The Miami Herald has this news update. Posted at 01:15 PM by Howard Bashman "The Supreme Court: Not Such an Impregnable Fortress Anymore?" Ariane de Vogue of ABC News has this report. Posted at 10:18 AM by Howard Bashman "Chief Justice Roberts' key message lost on many critics": At the web site of The Capital Times of Madison, Wisconsin, Chief Justice Shirley S. Abrahamson of the Supreme Court of Wisconsin has an essay that begins, "Of the millions of words written and spoken about the Supreme Court's decision in the Affordable Care Act case (commonly called the health care case), too many have focused on labels and politics, too few on the principles of judging." Posted at 09:25 AM by Howard Bashman "Obamacare and the Court: Handing Health Policy Back to the People." Law professor Barry Friedman has this essay online at Foreign Affairs. Posted at 09:22 AM by Howard Bashman "Trial Judge to Appeals Court: Review Me." This editorial appears today in The New York Times. Posted at 08:54 AM by Howard Bashman "Gov. Christie set to nominate former federal, state prosecutor to N.J. Supreme Court": Today's edition of The Newark Star-Ledger contains an article that begins, "Gov. Chris Christie -- rebuffed by Democrats on two recent state Supreme Court choices -- plans to nominate Superior Court Judge Lee Solomon, a former federal and state prosecutor, to the high court, The Star-Ledger has learned." Posted at 08:52 AM by Howard Bashman Monday, July 16, 2012 "9th U.S. court cancels 2013 conference": Bob Egelko has this article today in The San Francisco Chronicle. The Associated Press reports that "Calif. judicial event postponed amid budget woes." At his "In the Loop" blog, Al Kamen of The Washington Post has an entry titled "Maui judicial conference still a go." Roll Call reports that "After Criticism, 9th Circuit Cancels 2013 Conference." And Politico.com has a blog post titled "Ninth Circuit scraps 2013 conference in Monterey, Calif." "A Failure of Cynicism: Citizens United and the Limits of Optimism; That the founding fathers felt compelled to write down that we are all created equal shows how little they expected us to arrive at that conclusion on our own." Shalom Auslander has this essay online today at The New York Observer. Posted at 10:04 PM by Howard Bashman "3rd Circuit shocker: Pay-for-delay drug settlements are illegal." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. My earlier coverage of today's Third Circuit ruling appears at this link. "As Partisan Rancor Persists, Senate Votes to Confirm New Jersey Judicial Nominee": Todd Ruger has this post at "The BLT: The Blog of Legal Times." Congratulations to "How Appealing" reader Kevin McNulty on this evening's Senate confirmation vote. "Bagram detainees want to use U.S. Constitution to argue for release": Michael Doyle of McClatchy Newspapers has this report. Posted at 07:11 PM by Howard Bashman "9th Circuit thwarts Kellogg cy pres settlement": Terry Baynes has this report at Alison Frankel's "On the Case" from Thomson Reuters News & Insight. My earlier coverage of last Friday's Ninth Circuit ruling appears at this link. "Writing With Antonin Scalia, Grammar Nerd": Alex Carp has this blog post online today at The New Yorker. Posted at 05:03 PM by Howard Bashman "Voting Alignment on the Iowa Supreme Court": Ryan Koopmans has this post today at the "On Brief" blog. And a related post of mine from earlier this afternoon can be accessed here. "TSA Fails to Comply With Year-Old 'Nude' Body-Scanner Court Order": David Kravets has this post at Wired.com's "Threat Level" blog. Posted at 04:40 PM by Howard Bashman "Even Scalia's Dissenting Opinions Get Major Scrutiny": Nina Totenberg has this audio segment on this evening's broadcast of NPR's "All Things Considered." Posted at 04:38 PM by Howard Bashman "William Kayatta and the Needless Destruction of the Thurmond Rule: Why do Republican leaders still play along with an informal Senate rule that prevents up-or-down votes on even those judges who have strong Republican support?" Andrew Cohen has this essay online at The Atlantic. Posted at 03:40 PM by Howard Bashman "Republicans Turn Against John Roberts, U.S. Supreme Court; Democrats now positive about both": Gallup issued this news release today. Posted at 03:05 PM by Howard Bashman "Schering-Plough's K-Dur Pay-For-Delay Ruling Reversed": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today. Posted at 03:02 PM by Howard Bashman "Sotomayor buys U Street condo": Washington Business Journal has this news update. Posted at 02:44 PM by Howard Bashman "Edie Windsor vs. DOMA: 83-Year-Old Lesbian Petitions U.S. Supreme Court To Hear Case." Lila Shapiro of The Huffington Post has this report. Update: And at "SCOTUSblog," Lyle Denniston has a post titled "Another DOMA challenge." "Why Guantanamo Bay Is Still Open": Today's broadcast of "The Takeaway" from WNYC Radio contained this audio segment featuring Carol Rosenberg of The Miami Herald. Posted at 01:28 PM by Howard Bashman "Iowa Supreme Court character after upheaval coming into focus": This article appears today in The Quad-City Times. Posted at 01:18 PM by Howard Bashman "First Amendment overshadowed in 2011-12 term": Tony Mauro has this news analysis online at The First Amendment Center. Posted at 12:20 PM by Howard Bashman "Immigration debate keeps law school graduate a few steps from his dreams": Howard Mintz has this article today in The San Jose Mercury News. Posted at 10:14 AM by Howard Bashman Sunday, July 15, 2012 "In attempting to block Justice Bernette Johnson, Louisiana Supreme Court alters history": Jarvis DeBerry has this essay online at The Times-Picayune of New Orleans. Posted at 08:09 PM by Howard Bashman "Under the U.S. Supreme Court: Citizens United -- My how the money rolls in." Michael Kirkland of UPI has this report. Posted at 03:55 PM by Howard Bashman Saturday, July 14, 2012 "Circuit Cancels 2013 Judges' Conference": At her "Trial Insider" blog, Pamela A. MacLean has a post that begins, "It appears two U.S. Senators' criticism of spending for a Maui judicial conference in August by the the 9th U.S. Circuit Court of Appeals paid off." My most recent earlier coverage appears at this link. "Richard Posner Bashes Supreme Court's Citizens United Ruling; Richard Posner is the most influential conservative judge outside the Supreme Court; And he thinks its campaign-finance ruling encourages bribery": James Warren has this essay online at The Daily Beast. Posted at 09:30 PM by Howard Bashman "Kellogg class-action settlement rejected by federal appeals court; The pact, involving allegations that Kellogg made false health claims about Frosted Mini-Wheats, was rejected because a three-judge panel said lawyers' fees were too high": In today's edition of The Los Angeles Times, Maura Dolan has this article reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday. Posted at 08:50 PM by Howard Bashman "Roberts Rules: What the Health Care Decision Means for the Country." David Von Drehle has this cover story in the July 16, 2012 issue of Time magazine. The magazine also contains an item headlined "The Health Care Decision: Deliverance or Disaster? Four former solicitors general weigh in on Chief Justice John Roberts' ruling." "GOP senators again ask 9th Circuit to abandon $1M Hawaii conference": The Hill has a blog post that begins, "Senate Budget Committee ranking member Jeff Sessions (R-Ala.) and Judiciary ranking member Chuck Grassley (R-Iowa) on Friday warned the 9th Circuit Court of Appeals again that it should cancel its planned August conference in Hawaii, which the senators estimate will cost more than $1 million." And The Associated Press has a report headlined "Cancel meeting in 'paradise,' senators say." You can view yesterday's letter addressed to Ninth Circuit Chief Judge Alex Kozinski at this link. Update: In a related development, yesterday the Ninth Circuit issued a news release headlined "Ninth Circuit to Reschedule 2013 Circuit Conference." "Justices say any rifts are temporary; Some on Court predict health care scars will heal by the fall": Marcia Coyle and Tony Mauro will have this article in Monday's edition of The National Law Journal. Posted at 10:00 AM by Howard Bashman Friday, July 13, 2012 "Jim Brown Challenges Use of NFL Videogame Likeness": Pamela A. MacLean has this post today at her "Trial Insider" blog about two related appeals argued today before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. The Ninth Circuit has posted online the videos of today's oral arguments here and here. "Veteran convicted under Stolen Valor Act doesn't want his record cleared": The Fort Worth Star-Telegram has this report. Posted at 09:30 PM by Howard Bashman "Omar Khadr: Delayed transfer from Guantanamo Bay to Canada goes to court." The Toronto Star has this news update. Posted at 07:54 PM by Howard Bashman "'Stolen Valor' Decision Not Sitting Well With Bybee": This post appears today at the "Legal Pad" blog of The Recorder. Posted at 07:20 PM by Howard Bashman "Are 'Boumediene rights' expiring?" Lyle Denniston has this post at "SCOTUSblog." Posted at 07:08 PM by Howard Bashman "The Supreme Venue for Supreme Court Junkies": This lengthy article about "SCOTUSblog" appears online today at American Journalism Review. Posted at 05:22 PM by Howard Bashman "Rivals on left, right battle in Supreme Court": Joan Biskupic of Reuters has this report. Posted at 04:52 PM by Howard Bashman "Ottawa to appeal B.C. ruling on assisted suicide": The Canadian Press has this report. And Postmedia News reports that "Federal government to appeal B.C. court ruling on doctor-assisted suicide." "Chief Justice Roberts and Legitimacy Versus Popularity": Orin Kerr has this post at "The Volokh Conspiracy." Posted at 03:32 PM by Howard Bashman "Questions Of Qualifications, Ethics in Texas Court Race": The Texas Tribune today has an article that begins, "A race for the Texas Supreme Court has an eight-year incumbent with the backing of the Republican establishment battling an anti-abortion activist and frequent political candidate known for his fight to keep the Ten Commandments displayed in his Houston courtroom." Posted at 01:07 PM by Howard Bashman "Appellate Practice Tips from the Ninth Circuit": Rebecca A. Copeland has this post today at her "Record on Appeal" blog. Posted at 01:06 PM by Howard Bashman "How Pensions Violate Free Speech": Law professor Benjamin I. Sachs has this rather provocative op-ed today in The New York Times. Posted at 01:04 PM by Howard Bashman "Big Chief: How to understand John Roberts." Law professor Jeffrey Rosen will have this essay in the August 2, 2012 issue of The New Republic. Posted at 11:27 AM by Howard Bashman "The Supreme Court's Next Big Showdown": Greg Stohr of Bloomberg News has this report. Posted at 11:25 AM by Howard Bashman Thursday, July 12, 2012 "Pro Bono Case Challenging Public School Shirt-With-School-Motto Requirement": At "The Volokh Conspiracy," Eugene Volokh has this post about an interesting appeal pending at the U.S. Court of Appeals for the Ninth Circuit that he's working on. Posted at 11:54 PM by Howard Bashman "Judge: Identify writer on blog; Newspaper ordered to provide information." Yesterday's edition of The Spokesman-Review of Spokane, Washington contained an article that begins, "The Spokesman-Review must provide information that could identify an anonymous reader who typed a disparaging online comment about the chairwoman of the Kootenai County Republican Party in February, an Idaho judge ruled Tuesday." Posted at 11:51 PM by Howard Bashman "Opt for Efficiency Over Prolonged Deadlock at Pa. High Court": That was the title of the June 2012 installment of my monthly "Upon Further Review" column published by The Legal Intelligencer, Philadelphia's daily newspaper for lawyers. Today, exactly one month after that column first appeared in print, the Supreme Court of Pennsylvania issued an order following my suggested advice in one such currently deadlocked case. "Case highlights strict Ga. execution standard": The Associated Press has this report. Posted at 05:18 PM by Howard Bashman "In the wake of the Supreme Court's ruling upholding most of the 2010 health care law, the percentage of Americans expressing an unfavorable opinion of the court is at its highest point in more than 25 years." So states the Pew Research Center for the People & the Press in a news release issued today. Posted at 04:42 PM by Howard Bashman "Parsing the court's decision on Obamacare": Justice Don R. Willett of the Supreme Court of Texas recently had this op-ed in The Houston Chronicle. Posted at 04:30 PM by Howard Bashman "Kennedy mum on court's decision on health care in session at Aspen Institute": The Aspen (Colo.) Daily News has this report. Posted at 04:06 PM by Howard Bashman "Appeals court tosses child porn conviction because wrong apartment searched": Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today. Posted at 03:54 PM by Howard Bashman "Randy Barnett: Losing ObamaCare While Preserving the Constitution." Reason senior editor Damon Root interviews law professor Randy Barnett in a video segment that you can access here. And in the July 30, 2012 issue of National Review magazine, Jonathan H. Adler and Nathaniel Stewart will have an article headlined "Positive Steps, Silver Linings." "Stone committed those violations as an attempt to repeat his strategy of suing anonymous internet users for allegedly downloading pornography illegally, using the powers of the court to find their identity, then shaming or intimidating them into settling for thousands of dollars": Circuit Judge Jerry E. Smith issued this ruling today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit. Today's decision affirms the imposition of sanctions against the attorney for a pornographic film producer that had initiated suit against 670 unnamed persons whom it believed had unlawfully downloaded one of its films using BitTorrent. "Justice Ruth Bader Ginsburg speaks in Venice": You can view the video on YouTube at this link. Posted at 01:49 PM by Howard Bashman "Why There Are Too Many Patents in America: After dismissing a high-profile suit between Apple and Motorola, one of our leading jurists discusses the problems plaguing America's intellectual property system." Seventh Circuit Judge Richard A. Posner has this essay online at The Atlantic. Posted at 11:57 AM by Howard Bashman "Court rules police may be liable for pepper ball injuries; The decision, stemming from a 2004 incident in which a student was injured by such a projectile, is a setback for officers fighting lawsuits by Occupy protesters": Maura Dolan has this article today in The Los Angeles Times. And in today's edition of The San Francisco Chronicle, Bob Egelko reports that "Former UC Davis student's suit OKd." My earlier coverage of yesterday's Ninth Circuit ruling appears at this link. "Supreme Court 2011-2012 Term Review": C-SPAN is now providing separate online access to each hour of yesterday's two-hour event at The Heritage Foundation. The video of my appearance as a panelist on the second hour of the program, along with co-panelists Mark Sherman of The Associated Press and David G. Savage of The Los Angeles Times, can be accessed here. And the video of the first hour of the program, which featured Solicitor General Donald B. Verrilli, Jr. as one of the panelists, can be accessed here. Yesterday, I had this post linking to news coverage of Verrilli's remarks at the event. "Ed. Law Challenges Loom After Health-Care Ruling": Mark Walsh has this article (pass-through link) online at Education Week. Posted at 09:58 AM by Howard Bashman "Why it's so hard for SCOTUSblog to get Supreme Court press credentials": Mallary Jean Tenore of Poynter has this report. Posted at 09:57 AM by Howard Bashman "Reject the 'Thurmond Rule': Senate Minority Leader Mitch McConnell invokes the legacy of Strom Thurmond to hold up judicial confirmations; It's bad for judges and bad for justice." This editorial appears today in The Los Angeles Times. Posted at 08:40 AM by Howard Bashman "Louisiana high court squabble turns ugly": James Gill of The Times-Picayune of New Orleans has this essay. Posted at 08:35 AM by Howard Bashman "Toward a Supreme Court Showdown": Today's edition of The New York Times contains an editorial that begins, "Six federal courts have ruled on the Defense of Marriage Act and reached the same conclusion: the 1996 law violates the Constitution by denying same-sex couples, who are legally married under state law, federal benefits afforded to heterosexual couples for no good reason." Posted at 08:07 AM by Howard Bashman "The danger of Supreme Court deep throats": Linda P. Campbell has this op-ed in The Fort Worth Star-Telegram. Posted at 08:04 AM by Howard Bashman "Ex-Justice Newman refuses questioning on Family Court": This article appears today in The Philadelphia Inquirer. Posted at 08:00 AM by Howard Bashman "'Abortion Queen' In Last-Ditch Battle To Save Mississippi Clinic": Bloomberg News has this report. Posted at 07:42 AM by Howard Bashman Wednesday, July 11, 2012 "The Future of the Roberts Court": This audio segment featuring Adam Liptak appeared on today's broadcast of WNYC's "The Brian Lehrer Show." Posted at 11:27 PM by Howard Bashman "The Mystery of John Roberts": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times. Posted at 11:22 PM by Howard Bashman "Eminent domain, MBS and the U.S. Constitution: a one-sided fight?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. Posted at 08:33 PM by Howard Bashman "A Supreme Court copyright case has libraries fighting for the right to lend": Erin Geiger Smith has this report at Alison Frankel's "On the Case" from Thomson Reuters News & Insight. Posted at 08:24 PM by Howard Bashman "UC Davis student can sue over pepper spray, court rules": Maura Dolan of The Los Angeles Times has this blog post reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today. Posted at 08:22 PM by Howard Bashman Appellate math question of the day: A lifetime term of supervised release minus 12 months of credit for time served in prison equals what? The U.S. Court of Appeals for the Second Circuit today issued an opinion that begins: This appeal presents primarily the almost metaphysical issue of how, if at all, a lifetime term of supervised release, imposed for a supervised release violation, should be reduced by the number of months of a prison term imposed for that violation, a subtraction we are willing to assume is required by the literal terms of the provisions governing supervised release.You can access the decision at this link. Posted at 08:06 PM by Howard Bashman "SCOTUSblog publisher respects reporters more after doing tick-tock": JimRomenesko.com has this post. Posted at 07:38 PM by Howard Bashman "Judge extends block of new Mississippi abortion law": The Clarion-Ledger of Jackson, Mississippi has this news update. The Associated Press reports that "Judge continues to block Mississippi abortion law." Bloomberg News reports that "U.S. Judge Continues To Block Mississippi Abortion Law." And Reuters reports that "Judge extends halt to new abortion law in Mississippi." "Nina Totenberg: SCOTUS Secrets, Leaks & Pizza with Scalia." Bloomberg Law has posted online at YouTube this interview with NPR's Nina Totenberg. Posted at 06:09 PM by Howard Bashman Three-judge Fourth Circuit panel divides over how to measure amount of restitution owed to "Vicky," a victim portrayed in child pornography materials seized from the defendant's residence: You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link. As in many of the recent cases from other federal appellate courts addressing this same subject matter, former U.S. District Judge (now law professor) Paul G. Cassell filed an amicus brief on behalf of the victim. And, as in many of those other cases, today's Fourth Circuit ruling rejects Cassell's argument that the victim is entitled to recover an award representing the full amount of her damages from each defendant who is convicted of possessing the material in which she was depicted. "A Relaxed Solicitor General Has a Bit of Fun at His Own Expense": Brent Kendall has this post at WSJ.com's "Law Blog." Josh Gerstein of Politico.com has a blog post titled "Verrilli's victory lap." Patrick Svitek of The Huffington Post has an article headlined "Donald Verrilli, Solicitor General, 'OK' With Criticism Of His Performance Defending Obamacare." The Hill has a blog post titled "Verrilli shrugs off criticism of his healthcare arguments." At "Main Justice," Matthew Volkov has a post titled "Verrilli Talks Healthcare Win." And Michael Doyle of McClatchy Newspapers offered some thoughts on today's Heritage Foundation event via Twitter. You can access C-SPAN's video coverage of the event via this link. And special thanks to Lyle Denniston of "SCOTUSblog," Mark Walsh of Education Week's "School Law" blog and ABA Journal, and many of this blog's other readers for saying hello following the event. Tuesday, July 10, 2012 Programming note: On Wednesday morning, I will be in Washington, DC at The Heritage Foundation to serve as one of the panelists for the program titled "Scholars & Scribes Review the Rulings: The Supreme Court's 2011-2012 Term." I'll be a panelist during the second hour of the program, together with David G. Savage of The Los Angeles Times and Mark Sherman of The Associated Press. And you don't want to miss the program's first hour, featuring as panelists Solicitor General Donald B. Verrilli, Jr.; law professor Richard A. Epstein; and attorney Michael Carvin. The event can be viewed live, online at The Heritage Foundation's web site via this link. In addition, C-SPAN is planning to televise the event. Additional posts will appear here Wednesday afternoon. "Putting law over politics on Supreme Court": Law professors Douglas W. Kmiec and Barry McDonald have this essay online at Politico.com. Posted at 10:25 PM by Howard Bashman "Easton teen's life sentence for gang killing to be argued; Easton teen is serving life without parole for killing another teen when he was 14": The Morning Call of Allentown, Pennsylvania has a news update that begins, "The Supreme Court of Pennsylvania took the first step in vacating an Easton teen's mandatory life sentence for murder two weeks after the nation's highest court ruled such punishment unconstitutional." You can access yesterday's order of the Supreme Court of Pennsylvania at this link. "Senator Scott Brown makes new push for 'Stolen Valor Act,' after Supreme Court strikes down similar law": The Boston Globe has this news update. And Bill Mears of CNN.com reports that "Lawmakers promote revised 'stolen valor' law." "Marc Morial, Cedric Richmond ask Justice to block effort to keep Bernette Johnson from becoming chief justice": The Times-Picayune of New Orleans has an article that begins, "The Justice Department should stop the Louisiana Supreme Court from denying Justice Bernette Johnson her rightful place as chief justice, according to a letter sent Monday to the chief of the voting section of the Civil Rights Division on behalf of Urban League President and former New Orleans Mayor Marc Morial, Rep. Cedric Richmond, D-New Orleans, Sen. Karen Cater Peterson, D-New Orleans, and 10 other prominent African American leaders." Posted at 10:06 PM by Howard Bashman "Which cable network shut down SCOTUSblog?" Erik Wemple has this blog post online at The Washington Post. And online at The New Yorker, Amy Davidson has a blog post titled "Six Lessons from SCOTUSblog (and for Life)." "Stop-and-Frisk May Soon Hit Judicial Roadblocks": This article will appear Wednesday in The New York Times. Posted at 09:33 PM by Howard Bashman "Laurence Tribe Foresaw Obamacare Tax Holding": At YouTube, the user "ConstitutionalJedi" has posted online this two-part video (part one; part two). Posted at 08:46 PM by Howard Bashman "Texas switches to 1-drug execution due to shortage": The Associated Press has this report. Posted at 08:42 PM by Howard Bashman "Who Reported It First? Who Cares?" Amy Sullivan has this blog post online at The New Republic. Posted at 06:14 PM by Howard Bashman A Ninth Circuit win for TASER in strict liability and negligent failure to warn lawsuit: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Posted at 01:25 PM by Howard Bashman "Has SCOTUS OK'd campaign dirty tricks?" Law professor Richard L. Hasen, author of the "Election Law Blog," has this op-ed at Politico.com. Posted at 12:08 PM by Howard Bashman "The Supreme Court's Other Bogus Ruling: Does lying serve a useful social purpose? Is it a protected form of speech?" Law professor Richard A. Epstein has this essay today at the "Defining Ideas" site of the Hoover Institution. Posted at 11:20 AM by Howard Bashman Second Circuit affirms invalidation of New York City Board of Health resolution requiring all tobacco retailers to display signs bearing graphic images showing certain adverse health effects of smoking: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. Update: In early news coverage, Reuters reports that "New York cannot require graphic anti-smoking displays." And The Associated Press has a report headlined "Court: NY can't scare smokers with gruesome images." "Court upholds key tort reform provision": Bill Rankin has this article today in The Atlanta Journal-Constitution. You can access yesterday's ruling of the Supreme Court of Georgia at this link. "A taxing discussion: Part II of a dialogue on health care." Attorney Robert N. Weiner has this essay online at The National Law Journal. Posted at 10:17 AM by Howard Bashman "Chief Justice Roberts and the Changing Conservative Legal Movement: The clash between Chief Justice Roberts' opinion and that of the joint dissenters is best seen as a clash between two visions of judicial restraint, and two eras of the conservative legal movement." Joel Alicea has this post online at "Public Discourse." Posted at 10:14 AM by Howard Bashman "The Unfortunate Politicization of Judicial Confirmation Hearings: While the confirmation process of judiciary candidates becomes partisan and trivial, the administration of justice goes unattended." Senior Second Circuit Judge John M. Walker Jr. has this essay online at The Atlantic. Posted at 10:06 AM by Howard Bashman "The Supreme Court Stakes in 2012: The replacement of a single conservative justice by President Obama in a second term would turn the court sharply to the left." Clint Bolick has this op-ed today in The Wall Street Journal. Posted at 09:14 AM by Howard Bashman Monday, July 9, 2012 "Ninth Circuit Weighs Idaho's Law Against Self-Abortion": Scott Graham has this post at the "Legal Pad" blog of The Recorder. The U.S. Court of Appeals for the Ninth Circuit has posted the audio of today's oral argument at this link. "Court orders man who vandalized $950 truck to pay $2,800 restitution": Bay City News Service has a report that begins, "The California Supreme Court ruled in San Francisco today that crime victims whose property has been vandalized are entitled to be paid the full cost of repair in restitution, even if the repair costs more than the item itself." You can access today's ruling of the Supreme Court of California at this link. "Judge Posner and Political Polarization": This post appears today at the "voteview blog." Posted at 09:08 PM by Howard Bashman "Court Gives States Ammunition In Health Care Battle": NPR has this report. Posted at 08:06 PM by Howard Bashman "Federal Circuit finds business method patentable": Terry Baynes of Reuters has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued today. Posted at 07:33 PM by Howard Bashman "Rejected Colorado child porn plea deal puts light on appellate waivers": In today's edition of The Denver Post, John Ingold has an article that begins, "When Timothy Vanderwerff, who is accused of possessing child pornography, went to the federal courthouse in Denver this year to plead guilty to the crime, the deal he struck with prosecutors looked like many others." The blog "Sentencing Law and Policy" has this post noting the article and linking to the federal district court's ruling. "How Would John Roberts Rule on Gay-Marriage Cases?" Richard Socarides has this blog post online today at The New Yorker. Posted at 05:52 PM by Howard Bashman "Leading journalists, media lawyer to be honored at Reporters Committee First Amendment Awards Dinner in Washington": Reporters Committee for Freedom of the Press issued this news release today. Posted at 04:25 PM by Howard Bashman "Why Did Roberts Change His Mind?" Ronald Dworkin has this post today at the blog of The New York Review of Books. Posted at 03:00 PM by Howard Bashman "Video of FedSoc's 2012 Annual Supreme Court Roundup with Ted Olson": The blog "SCOTUSreport" has posted the video at this link. Posted at 01:04 PM by Howard Bashman "Supreme Court to Hear Workplace Harassment Case from University of Virginia Law School Clinic": The University of Virginia School of Law issued this news release today. Posted at 12:48 PM by Howard Bashman "Suit Cites States' Rights on Behalf of Gay Rights": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times. Posted at 11:20 AM by Howard Bashman Sunday, July 8, 2012 "Bloggers from bench hurt judiciary": Law professor Jeffrey Rosen has this essay at Politico.com. Posted at 10:42 PM by Howard Bashman "My Most Famous Students: President Obama and Justice Roberts; How John Roberts and Barack Obama ended up as allies on health care." Law professor Laurence H. Tribe will have this essay in the July 16, 2012 issue of Newsweek. Posted at 10:40 PM by Howard Bashman "Should Supreme Court justices Google?" Robert Barnes will have this article Monday in The Washington Post. Posted at 10:17 PM by Howard Bashman "Miss. abortion case heard by GOP-appointed judge": The Associated Press has a report that begins, "Although restricting abortion has long been a conservative goal in Mississippi, the Republican-appointed judge considering the constitutionality of the state's stringent new abortion law doesn't play politics in the courtroom, according to those who know him." Posted at 06:05 PM by Howard Bashman "Under the U.S. Supreme Court: What Roberts actually said about healthcare 'tax.'" Michael Kirkland of UPI has this report. Posted at 06:02 PM by Howard Bashman "Discord at Supreme Court is deep, and personal": Jan Crawford of CBS News has this report. Posted at 11:30 AM by Howard Bashman Saturday, July 7, 2012 "We're getting wildly differing assessments": At "SCOTUSblog," Tom Goldstein has this lengthy post recounting the media's coverage of the U.S. Supreme Court's announcement of the ruling in the Affordable Care Act cases. Posted at 10:30 PM by Howard Bashman "US Supreme Court expected to hear Shelby County's challenge to the Voting Rights Act": Mary Orndorff Troyan of The Birmingham News has this report. Posted at 09:50 PM by Howard Bashman "The tax man cometh to police you on health care": The Associated Press has this report. Posted at 09:46 PM by Howard Bashman "Supreme Court becomes Roberts court in year of surprises; Conservatives still dominate, but coalitions sometimes shifted and the chief justice showed an independent streak": David G. Savage will have this article Sunday in The Los Angeles Times. Posted at 09:40 PM by Howard Bashman "Where Is the Liberal Outrage? Conservatives are pillorying John Roberts for his health care decision; Why don't liberals get angry when their justices fail to deliver?" Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 08:57 AM by Howard Bashman Friday, July 6, 2012 "A fact pattern reminiscent of a folk ballad deserves a judicial opinion in the same groove." So observes Terry Baynes of Reuters, reporting on an opinion that Circuit Judge Ed Carnes issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit. Posted at 11:00 PM by Howard Bashman "US judge hints Camp's actions unlikely to undo his rulings; Strip club questions Camp's impartiality in 2010 case, asks 11th Circuit for new judge": In the April 3, 2012 issue of The Fulton County (Ga.) Daily Journal, Alyson M. Palmer had an article that begins, "A federal appeals court judge hinted at oral arguments that he thought the extracurricular activities of former federal Judge Jack Camp only rarely, if ever, should be cause to undo Camp's rulings." Today, the Eleventh Circuit issued this ruling affirming the district court's judgment rejecting a constitutional challenge to Spalding County, Georgia's s ordinances prohibiting nude dancing where alcohol is sold. "The Department of Justice cannot find a single authority * * * for the proposition that it can reassert jurisdiction over someone it had long ago unconditionally released from custody just because he once committed a federal crime." The en banc U.S. Court of Appeals for the Fifth Circuit today issued a ruling, by a vote of 10-to-6, that declared unconstitutional one aspect of the federal sex offender registration requirement imposed under the federal law known as the Sex Offender Registration and Notification Act. Circuit Judge Jerry E. Smith wrote the majority opinion, which observes that "After the federal government has unconditionally let a person free, however, the fact that he once committed a crime is not a jurisdictional basis for subsequent regulation and possible criminal prosecution." The majority opinion also includes a very interesting evaluation and rejection of the federal government's Commerce Clause justification for the particular registration requirement at issue. Today's en banc Fifth Circuit ruling may not be the final word on this controversy. Because the appellate court has partially invalidated a federal law, the likelihood of U.S. Supreme Court review would seem high should the Solicitor General's Office file a petition for writ of certiorari. "Court finds Copyright Royalty Board unconstitutional": Reuters has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today. Posted at 07:14 PM by Howard Bashman "Obama, Romney use ruling to rally core backers": The Associated Press has this report. Posted at 07:12 PM by Howard Bashman "How The Health Care Ruling Might Affect Civil Rights": This audio segment will appear on this evening's broadcast of NPR's "All Things Considered." Posted at 03:04 PM by Howard Bashman "The Supreme Court Leaks: The high court has a long and storied history of dishing on itself." Jonathan Peters has this jurisprudence essay online at Slate. Posted at 02:38 PM by Howard Bashman "Affordable Care Act challenge at the 5th Circuit goes on": John Council has this post today at the "Tex Parte Blog" of Texas Lawyer. Posted at 02:28 PM by Howard Bashman In today's mail: I received a copy of the book "Inside Straight: Advice about Lawyering, In-House and Out, That Only the Internet Could Provide" by Mark Herrmann. Posted at 02:26 PM by Howard Bashman "Suit filed over naming La. chief justice": The Associated Press has a report that begins, "A Louisiana Supreme Court justice is suing to block her colleagues from debating and voting on whether she is legally entitled to become the court's next chief justice." Posted at 11:38 AM by Howard Bashman "Supreme Court Has A Term To Remember": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition." Posted at 08:54 AM by Howard Bashman "Kiobel: Made simple." Lyle Denniston has this post at "SCOTUSblog." Posted at 08:45 AM by Howard Bashman Thursday, July 5, 2012 "Court's Divided Ending Belied Unusual Unity": Jess Bravin will have this article Friday in The Wall Street Journal. Posted at 11:30 PM by Howard Bashman "Gov. Christie says he plans to submit new Supreme Court nominee this month": The Newark (N.J.) Star-Ledger has this news update. Posted at 11:24 PM by Howard Bashman "Gableman will not have to recuse himself in law firm's cases": The Milwaukee Journal Sentinel has this news update. The newspaper has posted today's ruling of the Supreme Court of Wisconsin at this link. "Despite Supreme Court setback, prosecutors again target D.C. nighclub owner; Drug evidence claimed beyond GPS": The Washington Times has an article that begins, "He made U.S. Supreme Court history, but former D.C. nightclub owner Antoine Jones remains behind bars even after winning a landmark decision and reversal of his drug conviction." Posted at 11:16 PM by Howard Bashman "N.J. Supreme Court: Law school clinics' case records are not public documents." MaryAnn Spoto of The Newark Star-Ledger has a news update that begins, "The developer of an outlet mall in Sussex County can't get records from a Rutgers University law clinic that represented two groups seeking to block its construction, the state Supreme Court ruled Thursday." You can access today's ruling of the Supreme Court of New Jersey at this link. "Is the Supreme Court Conservative? Not Yet." Law professor Noah Feldman has this essay online at Bloomberg View. Posted at 11:10 PM by Howard Bashman "Roberts redux? U.S. top judge may surprise again." Joan Biskupic of Reuters has this report. Posted at 10:15 PM by Howard Bashman "The Supreme Court decision consumer advocates love to hate": Nate Raymond has this report at Alison Frankel's "On the Case" from Thomson Reuters News & Insight. Posted at 07:22 PM by Howard Bashman "Reversal of Fortune: Paul Clement lost big last week; Are Supreme Court super lawyers overrated?" Emily Bazelon has this jurisprudence essay online at Slate. Posted at 07:18 PM by Howard Bashman "The Unprecedented Uniqueness of Chief Justice Roberts Opinion": Randy Barnett has this post at "The Volokh Conspiracy." Posted at 05:37 PM by Howard Bashman "Federal Judge Richard Posner: The GOP Has Made Me Less Conservative." Nina Totenberg of NPR has this interview with Seventh Circuit Judge Richard A. Posner. Posted at 05:33 PM by Howard Bashman "How -- or will -- the health tax be enforced?" Lyle Denniston has this post at "SCOTUSblog." Posted at 03:44 PM by Howard Bashman "Justice Elena Kagan: Overlooked turncoat on health care law?" Josh Gerstein of Politico.com has this blog post. Posted at 02:33 PM by Howard Bashman "Court upholds conviction in Pitino extortion case": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today. Posted at 11:17 AM by Howard Bashman "Interview: Judge who shelved Apple trial says patent system out of sync." Dan Levine of Reuters has an article that begins, "The U.S. judge who tossed out one of the biggest court cases in Apple Inc's smartphone technology battle is questioning whether patents should cover software or most other industries at all. Richard Posner, a prolific jurist who sits on the 7th U.S. Circuit Court of Appeals in Chicago, told Reuters this week that the technology industry's high profits and volatility made patent litigation attractive for companies looking to wound competitors." Posted at 10:32 AM by Howard Bashman "How a 1927 Movie May Have Revealed the Roberts Defection": Jess Bravin has this post at WSJ.com's "Law Blog." Posted at 10:16 AM by Howard Bashman "The next big Supreme Court controversy: same-sex marriage." Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center. Posted at 08:22 AM by Howard Bashman "The Farmer And The Commerce Clause": Today's broadcast of NPR's "Morning Edition" contained this audio segment. Posted at 08:20 AM by Howard Bashman "Romney criticizes his one-time model, Chief Justice John Roberts": This article appears today in The Los Angeles Times. And The Hill has a blog post titled "Romney: Roberts did not come to 'appropriate conclusion' on healthcare." "Roberts Faces Shot At Republican Redemption In Race Cases": Greg Stohr of Bloomberg News has this report. Posted at 08:11 AM by Howard Bashman "It Does Not Matter Whether Congress Calls a Tax a Tax: Explaining the Dissenting Justices' Misconceptions About the Taxing Power in the Affordable Care Act Case." Law professor Neil H. Buchanan has this essay online at Justia's Verdict. Posted at 07:58 AM by Howard Bashman Wednesday, July 4, 2012 "John Roberts, CEO": Paul M. Barrett has this essay online at Bloomberg Businessweek. And in The Washington Times, R. Emmett Tyrrell Jr. has an op-ed entitled "Roberts' foxy rule: Time will tell whether Obamacare was saved or mortally wounded." "The Other Big Case the Supreme Court Got Right": Michael Kinsley has this essay online at Bloomberg View. Posted at 10:09 PM by Howard Bashman "Supreme Court healthcare ruling leaks have D.C. buzzing: Who is the culprit?" The Hill has this blog post today. And at The Daily Beast, Daniel Stone has an article headlined "Obamacare Leaks Show Supreme Court's Slow Move to the 21st Century." "Examining the Supreme Court Session Through the Lens of History": This evening's broadcast of PBS NewsHour contained this segment (transcript plus video access). Posted at 09:35 PM by Howard Bashman "Scalia critics say justice too political last term": Mark Sherman of The Associated Press has this report. Posted at 09:18 PM by Howard Bashman "Defunct Copyright Troll Seeks Resurrection": David Kravets has this post at Wired.com's "Threat Level" blog. At VegasInc, Steve Green reports that "Righthaven founder fights to stay on as CEO." And Techdirt reports that "Former Righthaven CEO Fights Back; Claims As The Manager Of The Manager Of Righthaven He's Still In Power." "Gay marriage and Baker v. Nelson": Lyle Denniston has this post at "SCOTUSblog." Posted at 09:00 PM by Howard Bashman Tuesday, July 3, 2012 "Stephen Glass, disgraced journalist, seeks California law license; The State Bar of California has rejected Stephen Glass, but the state Supreme Court has agreed to hear his case; His employer at an L.A. County law firm champions him": Maura Dolan will have this article Wednesday in The Los Angeles Times. Posted at 09:57 PM by Howard Bashman "Savaging Roberts: Conservatives Run Amock." Law professor Geoffrey R. Stone has this essay online at The Huffington Post. Online at Slate, Jeff Shesol has a jurisprudence essay entitled "The Mystery and Mystique of John Roberts: And why we should leave as little as possible to the chief justice to decide." And online at The Washington Post, Charles Lane has a blog post titled "Slimy leaks about John Roberts at Supreme Court." "Questions about chief justice's health-care ruling could have lasting impact; Speculation persists over why Chief Justice John Roberts joined liberals to uphold the President Obama's signature health-care reform law, and that could affect the Supreme Court": Warren Richey of The Christian Science Monitor has this report. Posted at 09:02 PM by Howard Bashman "Who Needs a Ninth Circuit Ruling? U.S. Files for Cert on DOMA." Scott Graham has this post at The Recorder's "Legal Pad" blog. And at "SCOTUSblog," Lyle Denniston has a post titled "U.S. DOMA challenges filed." "Did Roberts Flip On The Health Care Decision?" Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered." Posted at 07:26 PM by Howard Bashman "Analysis: Legal eagles redefine healthcare winners, losers." Drew Singer and Terry Baynes of Reuters have this report. Posted at 07:04 PM by Howard Bashman "Circuit Pulls Judge Real from Yet Another Case": Pamela A. MacLean has this post at her "Trial Insider" blog about a non-precedential decision that the U.S. Court of Appeals for the Ninth Circuit issued last Friday. Posted at 05:42 PM by Howard Bashman "How healthcare ruling will affect SCOTUS consideration of DOMA": Erin Geiger Smith has this report at Alison Frankel's "On the Case" from Thomson Reuters News & Insight. Posted at 05:16 PM by Howard Bashman "Besieged Chief Justice Flees To Malta": BuzzFeed has posted these photos. Posted at 03:22 PM by Howard Bashman "Roberts wrote both Obamacare opinions; A Court source tells Salon the chief justice wrote the majority opinion and much of the dissent in the ACA case": Law professor Paul Campos has this report at Salon.com. Posted at 03:20 PM by Howard Bashman "The 'narrative' of judicial intrigue": Lyle Denniston has this post at "SCOTUSblog." Posted at 02:57 PM by Howard Bashman "What does court ruling really mean for uninsured?" The Associated Press has this report. Posted at 02:24 PM by Howard Bashman "Journalists Offer Behind-The-Scenes Look at Supreme Court Decisions": C-SPAN is providing live online coverage at this link. Posted at 01:05 PM by Howard Bashman "Mississippi abortion law could face long legal fight": Reuters has this report. Posted at 11:15 AM by Howard Bashman "Liberals fear the John Roberts rebound": Josh Gerstein of Politico.com has this report. Posted at 11:14 AM by Howard Bashman "Hate Speech and Stolen Valor": Stanley Fish has this post at the "Opinionator" blog of The New York Times. Posted at 09:20 AM by Howard Bashman "Mississippi's Lone Abortion Clinic, Given Temporary Reprieve, Fields Rush of Calls": This article appears today in The New York Times. And The Associated Press has a report headlined "Miss. abortion clinic owner: 'business as usual.'" "Court to hear appeal of Marine in Iraqi killing": The Associated Press has this report. Posted at 09:12 AM by Howard Bashman "Lenders in the Courthouse": Inside Higher Ed has a report that begins, "If the U.S. Supreme Court upholds the conviction of a Thai-born graduate student who allegedly made close to $1 million importing cheaply made foreign editions of textbooks and selling them to U.S. students on eBay, then academic libraries might not be allowed to lend certain books and electronic materials, according to library advocates who plan to file an amicus brief on the case today." Posted at 09:10 AM by Howard Bashman "Circuit Split Watch: Miranda at Booking." Michelle Olsen has this post at her "Appellate Daily" blog. Posted at 09:08 AM by Howard Bashman "Roberts riles the right inside and outside the Supreme Court; Reports suggest he may have switched his vote to uphold Obama's healthcare law on a legal point": David G. Savage has this article today in The Los Angeles Times. Meanwhile, from NPR, today's broadcast of "Morning Edition" contained an audio segment entitled "Post Supreme Court: Reviewing The Health Care Law." And yesterday's broadcast of "Talk of the Nation" contained an audio segment entitled "The Takeaway From The Health Care Ruling." Monday, July 2, 2012 "Chief Justice Roberts' Key Role in Health Care Ruling": This video segment featuring law professor Laurence H. Tribe appeared on this evening's broadcast of PBS NewsHour. Politico.com has a report headlined "Roberts' health care switch: Gasoline on the fire." At Bloomberg News, law professor Noah Feldman has an essay entitled "John Roberts, a Conservative Liberals Can Love." In Tuesday's edition of The Wall Street Journal, William McGurn will have an op-ed entitled "Chief Justice Roberts Taxes Credibility: Did the umpire change his call because of the crowd?" And online at The New Republic, Noam Scheiber has a blog post titled "Who's the Supreme Court Leaker?" "U.S. Supreme Court's term not typical": Bob Egelko had this article Sunday in The San Francisco Chronicle. Posted at 10:36 PM by Howard Bashman "After Roberts's Ruling, a Scorn-Free Getaway": Adam Liptak will have this article Tuesday in The New York Times. In Tuesday's edition of The Washington Post, Robert Barnes will have an article headlined "Now it's conservatives who suspect a 'political' Supreme Court." And online at The Los Angeles Times, Michael McGough has an essay entitled "A Supreme Court mystery worthy of Grisham." "Was John Roberts Being Political? At the high court, law and politics come together; It's the politicization of the court that should make us worried." Barry Friedman and Dahlia Lithwick have this jurisprudence essay online at Slate. Posted at 08:45 PM by Howard Bashman "Division, Uncertainty over Court's Health Care Ruling": The Pew Research Center for the People & the Press issued this news release today. You can access survey results via this link. Posted at 06:12 PM by Howard Bashman "Supreme Court Business Briefing": The MoloLamken law firm has posted online this report. Posted at 05:52 PM by Howard Bashman Supreme Court of Pennsylvania grants review of $187-million class action judgment against Wal-Mart: You can access today's order of the Supreme Court of Pennsylvania at this link. The case was brought by hourly workers claiming that they regularly and systematically were not paid for "off-the-clock" work and failed to receive required rest breaks. You can access at this link the lengthy decision of the Superior Court of Pennsylvania affirming the damages judgment in favor of the plaintiff class. "Appeals court upholds NY child cyberporn case": Reuters has a report that begins, "A New York man imprisoned for possessing and receiving child pornography cannot argue that he was wrongly convicted because he never stored the images on his computer, a federal appeals court has ruled." You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. "John Roberts: Chief Joker of the Supreme Court?" Del Quentin Wilber has this blog post online at The Washington Post. Posted at 03:07 PM by Howard Bashman "Group says Barnes ex-CEO contradicts testimony": The Associated Press has a report that begins, "A citizens group that unsuccessfully fought to prevent The Barnes Foundation's move from its longtime suburban home is asking to have the case reopened, because the former CEO wrote that the foundation wasn't on the verge of bankruptcy when it sought to break the founder's trust." Posted at 02:40 PM by Howard Bashman "EPA enforcement case highlights hat trick for big business": Lawrence Hurley of Greenwire has an article that begins, "Big business was a big winner in environment and natural resources cases before the Supreme Court in the term that ended last week." Posted at 02:36 PM by Howard Bashman "What Did the Court 'Hold' About the Commerce Clause and Medicaid?" John Elwood has this post at "The Volokh Conspiracy." Posted at 01:30 PM by Howard Bashman "Assessing The Supreme Court's Recent Term": This audio segment featuring Adam Liptak of The New York Times appeared on today's broadcast of NPR's "Fresh Air." Posted at 01:06 PM by Howard Bashman "More nuanced view of Roberts after health care law": Mark Sherman of The Associated Press has this report. Posted at 10:58 AM by Howard Bashman "Conservatives still control high court despite healthcare ruling; Nestled within the justices' opinions are some disquieting hints that the Supreme Court's hostility toward government control over corporate power hasn't changed": Columnist Michael Hiltzik had this essay yesterday in The Los Angeles Times. Posted at 09:40 AM by Howard Bashman "Anger runs deep over Supreme Court rejection of youth sentencing laws": Yesterday's edition of The Denver Post contained this article. Posted at 08:02 AM by Howard Bashman "The Radical Supreme Court": This editorial appeared yesterday in The New York Times. Posted at 07:58 AM by Howard Bashman "To Your Health: Justice Roberts's big decision." Jeffrey Toobin has this essay in the July 9, 2012 issue of The New Yorker. Posted at 07:54 AM by Howard Bashman "Under the U.S. Supreme Court: The high court's most political ruling." Michael Kirkland of UPI has this report. Posted at 07:46 AM by Howard Bashman Sunday, July 1, 2012 "Limits On Spending Power Seen As Health Ruling's Legacy": Bloomberg News has this report. Posted at 10:30 PM by Howard Bashman "US judge temporarily blocks Miss. abortion law": The Associated Press has this report. Update: Monday's edition of The New York Times will contain an article headlined "Mississippi Law Aimed at Abortion Clinic Is Blocked." "Is the Health Care Law's 'Mandate' Really a Tax?" Seventh Circuit Judge Richard A. Posner has this post today at "The Becker-Posner Blog." Posted at 08:10 PM by Howard Bashman "An Abbey's Run-In With Law On Who Can Sell Caskets": This evening's broadcast of NPR's "All Things Considered" contained this audio segment. Posted at 07:50 PM by Howard Bashman "The Court's Top Blogger: Howard Kurtz talks to SCOTUSblog founder Tom Goldstein about his blog's big week." This video segment appeared on today's broadcast of CNN's "Reliable Sources." Posted at 07:46 PM by Howard Bashman "Roberts switched views to uphold health care law": Jan Crawford of CBS News has this very interesting report. Posted at 01:40 PM by Howard Bashman "Source: Roberts Switched Sides." National Review Online's "The Corner" blog has a post that begins, "On Face the Nation this morning, CBS legal correspondent and Supreme Court watcher Jan Crawford seems to have confirmed the theory that Chief Justice John Roberts originally voted to strike down the individual mandate before switching his vote, and that a sustained effort was made by the dissenters to win him back, to no avail." Related tweets from CBS News senior producer Caroline Horn can be accessed here and here. Update: "NewsBusters" has a post titled "CBS News: Roberts Was Going to Overturn ObamaCare But Changed His Mind" that provides access to the pertinent video and transcript from today's broadcast of the CBS News program "Face the Nation." "Welcome to the Roberts Court: How the Chief Justice Used Obamacare to Reveal His True Identity." Law professor Jeffrey Rosen has this blog post online at The New Republic. Posted at 10:40 AM by Howard Bashman "Supreme Court Review: The Tyranny of the Majority." Andrew Cohen has this essay online at The Atlantic. Posted at 10:33 AM by Howard Bashman "Five Years After the Cheshire Home Invasion, A Killer Answers Questions": Alaine Griffin has this article today in The Hartford Courant. Posted at 10:14 AM by Howard Bashman "High-court ruling could help municipalities like Altoona": William Kibler has this lengthy front page article, in which I am mentioned, in today's edition of The Altoona Mirror. Posted at 08:40 AM by Howard Bashman 
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