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Friday, August 31, 2012 "Class Action Cases Get Top Court Review In Insurance Case": Greg Stohr of Bloomberg News has this report. Jonathan Stempel of Reuters reports that "Supreme Court to review class-action case." And The Associated Press reports that "New case at high court aims to blunt class actions." "High court agrees to hear a long-time felon's plea": Michael Doyle of McClatchy Newspapers has this report. Posted at 06:24 PM by Howard Bashman "Appeals Court Revives Teacher's Free-Speech Lawsuit": At Education Week's "School Law" blog, Mark Walsh has this post reporting on a ruling that Circuit Judge Richard A. Posner issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit. Posted at 04:58 PM by Howard Bashman "Richard A. Posner's Badly Confused Attack on Scalia/Garner": Ed Whelan has this post today at National Review Online's "Bench Memos" blog. Posted at 02:40 PM by Howard Bashman "Joint Infringement: Federal Circuit Changes the Law of Inducement." At the "Patently-O" blog, Dennis Crouch has this post discussing an en banc ruling that the U.S. Court of Appeals for the Federal Circuit issued today. Posted at 02:36 PM by Howard Bashman In recent posts of interest at Wired.com's "Threat Level" blog: Yesterday, David Kravets had posts titled "TSA Denies Stonewalling Nude Body-Scanner Court Order" and "Warrantless Wiretap Victims Ask Court to Reconsider Letting Feds Spy Illegally." Posted at 10:58 AM by Howard Bashman "Justice Orie Melvin should not get salary, judicial panel rules": In today's edition of The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, "The Court of Judicial Discipline, citing conduct 'so egregious,' ruled Thursday that suspended state Supreme Court Justice Joan Orie Melvin should not receive pay as she awaits the outcome of criminal charges against her." Posted at 10:54 AM by Howard Bashman "Texas Election Maps To Be Debated After ID Law Rejected": Bloomberg News has a report that begins, "The Texas districts from which voters will elect congressional and state representatives will be argued today before a three-judge panel, one day after the state's law requiring voters to have photo identification was rejected by a different court in Washington." Posted at 10:50 AM by Howard Bashman "Court grants two more cases": Lyle Denniston has this post at "SCOTUSblog." You can access today's Order List of the U.S. Supreme Court at this link. Thursday, August 30, 2012 "Does defendant's sentence of 25 years to life under the three strikes law for failing to update his sex offender registration within five days of his birthday constitute cruel and unusual punishment?" The Supreme Court of California answered "no" in a decision issued today. Posted at 06:18 PM by Howard Bashman "Federal court strikes down Texas voter identification law": David G. Savage of The Los Angeles Times has this news update. Charlie Savage and Manny Fernandez of The New York Times have a news update headlined "Court Blocks Texas Voter ID Law, Citing Racial Impact." The Washington Post has a news update headlined "Texas voter ID law is blocked." Chuck Lindell and Mike Ward of The Austin American-Statesman have a blog post titled "Federal court rejects Texas voter ID law." The San Antonio Express-News has an update headlined "Judges block Texas voter ID law." The Associated Press reports that "Federal court rejects new Texas voter photo ID law." Reuters reports that "U.S. federal court blocks Texas voter ID law." Bloomberg News reports that "Texas Voter Photo-ID Law Thrown Out By U.S. Judges' Panel." And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "D.C. Federal Court Unanimously Rules Against Texas Voter ID Law." You can access yesterday's opinion of a three-judge court of the U.S. District Court for the District of Columbia at this link. "Photo library can license Marilyn Monroe images, court rules": Reuters has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today. Posted at 06:02 PM by Howard Bashman "Judicial vacancies adversely affect Midlanders": Carol Bloch and Jan Schneiderman have this op-ed today in The Omaha World-Herald. Posted at 05:49 PM by Howard Bashman "Sixth Circuit Affirms Conviction for Threat Posted to YouTube -- US v. Jeffries": Venkat Balasubramani had this post yesterday at the "Technology & Marketing Law Blog" about a ruling that the U.S. Court of Appeals for the Sixth Circuit issued on Monday. The decision is also noteworthy because the judge who wrote the opinion on behalf of the unanimous three-judge panel also issued a separate dubitante opinion. "Circuit Split Watch: When Sanctioned Attorneys Can't Pay." Michelle Olsen has this post today at her "Appellate Daily" blog. Posted at 05:42 PM by Howard Bashman "Full-Court Press: State's highest court can't afford 3-3 deadlock." This editorial appears today in The Patriot-News of Harrisburg, Pennsylvania. And in potentially related news, The Pittsburgh Post-Gazette has a news update headlined "ACLU: Court applied wrong standard in approving voter ID law." Programming note: Additional posts will appear here this evening. Posted at 11:24 AM by Howard Bashman "For his troubles, Embody has done something rare: He has taken a position on the Second and Fourth Amendment that unites the Brady Center to Prevent Gun Violence and the Second Amendment Foundation." So writes Circuit Judge Jeffrey S. Sutton in an opinion that the U.S. Court of Appeals for the Sixth Circuit issued today. Posted at 11:03 AM by Howard Bashman The Sixth Circuit speaks about raising too many issues on appeal: A decision that the U.S. Court of Appeals for the Sixth Circuit issued today begins, "When a party comes to us with nine grounds for reversing the district court, that usually means there are none." Posted at 11:00 AM by Howard Bashman "Judge Urges 9th Circuit to Reconsider its Position in 'Severe' Split Over Laches Defense in Copyright Cases": Nicholas J. Wagoner has this post today at the "Circuit Splits" blog. Posted at 08:52 AM by Howard Bashman Wednesday, August 29, 2012 "Appeals Court Backs Student Religious Club": At the "School Law" blog of Education Week, Mark Walsh has this post about a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today. Posted at 06:04 PM by Howard Bashman "News execs can sue Arpaio for arrest, court rules": The Associated Press has this report. And Bloomberg News reports that "Arizona's Sheriff Arpaio Must Face Lawsuit, Court Says." You can access today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "The Triumph of the Text: In 'Reading Law,' Supreme Court Justice Antonin Scalia and legal writer Bryan A. Garner argue for paying close attention to the original meaning of the words in the Constitution and other legal documents." David B. Rivkin Jr. has this book review today in The Wall Street Journal. And online at The New Republic, Seventh Circuit Judge Richard A. Posner has a review of the book headlined "The Spirit Killeth, but the Letter Giveth Life." In the September 2012 issue of ABA Journal magazine: John Gibeaut has an article headlined "Marriage Proposal: Court May Weigh Levels of Scrutiny for Same-Sex Couples." Lorelei Laird has an article headlined "Pricing Amy: Should Those Who Download Child Pornography Pay the Victims?" And Bryan A. Garner has an article headlined "Kagan's Teachers: 9th Justice Talks About Her Influences in Writing, Reading and Reasoning." The magazine has also posted online the "Full Transcript of Bryan A. Garner's Interview with Elena Kagan." "A Star Is Born: Chief Judge Alex Kozinski, Coming To A Movie Theater Near You." David Lat has this post today at "Above the Law." Posted at 01:14 PM by Howard Bashman "Split court upholds 30-year sentence for coach in 'sexting' case": Reuters has this report. And The New York Law Journal reports that "Split Panel Upholds Coach's 30-Year Term on Child Porn Charges." You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link. "Texas redistricting plan denied preclearance; Abbott will appeal": Chuck Lindell has this article today in The Austin American-Statesman. In today's edition of The Washington Post, Robert Barnes reports that "Texas redistricting discriminates against minorities, federal court says." David G. Savage of The Los Angeles Times reports that "Court rejects Texas legislative districts as discriminatory; The ruling, if upheld on appeal, will force Texas lawmakers to redraw the districts for Congress and the state Legislature so as to elect a greater number of minorities." Jess Bravin of The Wall Street Journal reports that "Texas Redistricting Hit Minorities, Court Rules." The New York Times reports that "Federal Court Finds Texas Voting Maps Discriminatory." The San Antonio Express-News reports that "Texas redistricting plan ruled illegal." And The Fort Worth Star-Telegram reports that "Federal judges overturn Texas redistricting maps." You can access yesterday's opinion of a three-judge court of the U.S. District Court for the District of Columbia at this link. "What the Supreme Court Did This Summer: Do the justices really deserve a three-month vacation?" Law professor Amanda Frost has this essay online at Slate. Posted at 08:04 AM by Howard Bashman Monday, August 20, 2012 Programming note: As has been the case in each of the past ten years of this blog's existence, in the last few weeks of August I go on vacation. As a result, new posts cease to appear here for a little while. Because this time next year my son will be heading off to college, this year's vacation will include visiting seven colleges and seeing my first Boston Red Sox game at Fenway Park. Additional posts will appear here on Wednesday, August 29th. Sunday, August 19, 2012 "Indians Filing Cobell Appeals with US Supreme Court": Indian Country Today has this report, along with an article headlined "Inside Kimberly Craven's Cobell Appeal to U.S. Supreme Court." Posted at 11:16 PM by Howard Bashman "Fate of Pennsylvania's voter ID law rests in the hands of 6 state Supreme Court justices": This article appears today in The Patriot-News of Harrisburg, Pennsylvania. Posted at 10:42 PM by Howard Bashman "State says it can't reduce inmate total": Bob Egelko has a news update that begins, "California officials, under U.S. Supreme Court orders to lower the population of its crowded prisons by 33,000 to bring a shoddy health care system up to constitutional standards, say they can't comply and shouldn't have to." Posted at 10:38 PM by Howard Bashman "Iowa judge likely to avoid politics despite pressure": Today's edition of The Quad-City Times of Davenport, Iowa contains an article that begins, "Despite two groups actively seeking his ouster from Iowa's highest court, Justice David Wiggins seems content to let others pick up his political fight." Posted at 09:38 AM by Howard Bashman "Pa. lawyers pay judges travel costs; Most justices accepted money from attorneys to attend conferences, records show": This article appears today in The Morning Call of Allentown, Pennsylvania. In addition, The Patriot-News of Harrisburg, Pennsylvania has posted online short profiles of each of the seven Justices on the Supreme Court of Pennsylvania. You can access the profiles here, here, here, here, here, here, and here. "Leaks at the Supreme Court: It would be an ethical violation for a law clerk to divulge court secrets to the press, even at the behest of a justice." Todd C. Peppers will have this essay in Monday's edition of The National Law Journal. Posted at 09:18 AM by Howard Bashman "Kentucky can continue crediting God for homeland security": Today's edition of The Louisville Courier-Journal contains an article that begins, "The Kentucky Supreme Court has declined to hear a challenge to a state law mandating that the commonwealth give credit to Almighty God for its homeland security." Posted at 09:08 AM by Howard Bashman "How the Supreme Court Came to Embrace Strip Searches for Trivial Offenses": Law professor Herman Schwartz has this article online at The Nation. Posted at 09:05 AM by Howard Bashman "Many question life sentences for juveniles": The Associated Press has this report. Posted at 09:02 AM by Howard Bashman "Under the U.S. Supreme Court: Getting fired for a Facebook 'like.'" Michael Kirkland of UPI has this report. Posted at 09:00 AM by Howard Bashman Saturday, August 18, 2012 "Working 9 to 12: 'How Much Is Enough?' by Robert Skidelsky and Edward Skidelsky." Seventh Circuit Judge Richard A. Posner has this review in tomorrow's Sunday Book Review section of The New York Times. Posted at 07:42 PM by Howard Bashman "I made Clarence Thomas laugh: It's not easy being a Supreme Court clerk; We ate pizza with Scalia and battled to sneak funny words into rulings." Law professor Jay Wexler has this essay online today at Salon. Posted at 07:34 PM by Howard Bashman "Federal appeals court upholds law allowing Louisiana to shut down abortion clinics": The Times-Picayune of New Orleans has this report. And The Associated Press reports that "Appeals court upholds La. abortion law." You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link. "Lawyers of Big Tobacco Lawsuits Take Aim at Food Industry": This article will appear Sunday in The New York Times. Posted at 02:40 PM by Howard Bashman "Judicial pay fight may reach high court again; Federal Circuit to hear case claiming Congress unconstitutionally withholds judges' cost-of-living pay adjustments": Marcia Coyle of The National Law Journal has this report. Posted at 01:08 PM by Howard Bashman Friday, August 17, 2012 "Obama Lags on Judicial Picks, Limiting His Mark on Courts": Charlie Savage will have this article Saturday in The New York Times. Posted at 10:05 PM by Howard Bashman That's a clown iPad, bro: The San Jose Mercury News has an update headlined "Steve Jobs' stolen iPad unwittingly used by 'Kenny the Clown' after burglary." And The Associated Press reports that "Clown had iPad stolen from Steve Jobs' home." "Fresh off Supreme Court win, legal group girds for more battles with EPA": Lawrence Hurley of Greenwire has this report. Posted at 04:28 PM by Howard Bashman "Gene patent ruling highlights tension between SCOTUS, Fed Circuit": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. Posted at 03:50 PM by Howard Bashman "Appeals court overturns W.Va. flying squirrel decision": The Charleston Gazette has this news update reporting on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today. Posted at 03:48 PM by Howard Bashman "On Visits to Wounded Warriors, The Supreme Court Answers Back; A simple question about the justices and military hospitals provokes a worthy and fruitful conversation": Andrew Cohen has this essay online today at The Atlantic. Posted at 02:36 PM by Howard Bashman "U.S. automakers, refiners lose challenge to ethanol mix": Reuters has this report. And Bloomberg News reports that "EPA Defeats Challenge To Higher Ethanol Levels In Fuel." You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link. "Ruling on juvenile killers reopens wounds for victims' families; A Supreme Court decision that juvenile murderers with life sentences should have a chance at parole stirs old memories for relatives of victims; Some are preparing to fight back": The Los Angeles Times contains this article today. Posted at 01:27 PM by Howard Bashman "Easton Area School District's 'I Heart Boobies' appeal to be heard before full circuit": This article appears today in The Express-Times of Easton, Pennsylvania. And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Full Appeals Court to Rule on Students' 'Boobies' Bracelets." My earlier coverage of yesterday's Third Circuit order appears at this link. "Utah's Myriad wins another round in gene-patent case; Appeals court backs the Utah company in high-profile dispute": The Salt Lake Tribune contains this article today. At Forbes.com, Daniel Fisher has a blog post titled "D.C. Court Upholds Myriad Breast-Cancer Patents, Snubbing Supreme Court." And The Chronicle of Higher Education reports that "Appeals Court Upholds U. of Utah's Controversial Breast-Cancer Gene Patents." My earlier coverage of yesterday's Federal Circuit ruling appears at this link. "Experts debate legality of plan to apply eminent domain to mortgages": This front page article appears today in The Sacramento Bee. Posted at 10:54 AM by Howard Bashman "Safeco Field hosts first ever Supreme Court in honor of Felix's perfect game": The Seattle Mariners issued this news release yesterday. Posted at 10:52 AM by Howard Bashman "Louisiana Supreme Court chief justice controversy argued before federal judge": The Times-Picayune of New Orleans has this report. And Reuters reports that "Louisiana debates whether black justice should head high court." "25-year sentence reversed in drug case": The Pacific Daily News of Guam has a news update that begins, "The conviction of a suspected drug dealer has been overturned because a panel of federal judges said it was improper for a Guam court to accept written testimony from a police officer who died before trial." You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Thursday, August 16, 2012 "Hazleton seeks to resurrect its crackdown on illegal immigrants": Joseph A. Slobodzian has this article today in The Philadelphia Inquirer. The Standard Speaker of Hazleton, Pennsylvania reports today that "Federal judge rehears case against Hazleton's immigration law." And The Times Leader of Wilkes-Barre, Pennsylvania has an article headlined "Hazleton law: Where to draw line?" You can access the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit via this link (36.7 MB Windows Media Audio file). "Bonds' lawyers file reply brief in appeal": The Associated Press has a report that begins, "Barry Bonds' lawyers filed their reply brief Thursday in their appeal of his obstruction of justice conviction, arguing it should be overturned." You can access the reply brief at this link. "The Price Of Child Porn: Making Collectors Pay For Victims' Therapy." City Weekly -- a publication that describes itself as Salt Lake City's only free alternative newsweekly -- has an article that begins, "The gavel has always come down hard on child pornographers, giving lengthy jail sentences to those who produce and profit from the exploitation of children. But for former Utah federal Judge Paul Cassell, the justice system has failed victims by focusing mainly on jail sentences." Recently, I had this post linking to a related law review article calling into question this use of restitution. "Police must honor ambiguous requests for a lawyer: 9th Circuit." Terry Baynes has this report on an en banc ruling that the U.S. Court of Appeals for the Ninth Circuit issued today. Posted at 06:12 PM by Howard Bashman "Hustler loses appeal over news-anchor photo": Terry Baynes of Reuters has a report that begins, "Hustler Inc had no right to publish the photograph of an Ohio TV news anchor dancing in a wet T-shirt contest without her permission, a federal appeals court ruled on Thursday." And The Cleveland Plain Dealer has a news update headlined "Hustler shouldn't have used wet T-shirt contest photos of TV newswoman Catherine Bosley, court says." My earlier coverage of today's Sixth Circuit ruling appears at this link. "Pregnancy Center Case To Go Before Full Appeals Court": Bloomberg News has a report that begins, "The full U.S. Appeals Court in Richmond, Virginia, agreed to rehear a case involving a law that requires anti-abortion pregnancy centers to post an advisory encouraging their clients to consult with medical professionals." Posted at 02:33 PM by Howard Bashman "Court partially rejects Myriad gene patent claims": Reuters has a report that begins, "A federal appeals court on Thursday partially ruled against Myriad Genetics Inc over the biotechnology company's effort to patent two genes linked to breast and ovarian cancer." And at the "Patently-O" blog, Dennis Crouch has a post titled "Gene Patent Debate Continues: Federal Circuit Finds Isolated Human Genes Patentable." You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit at this link. The case was back at the Federal Circuit on GVR from the U.S. Supreme Court for reconsideration in light of the high court's ruling in Mayo Collaborative Services v. Prometheus Laboratories, Inc. Update: In other coverage, Reuters reports that "Myriad wins gene patent ruling from US appeals court." "Easton 'Boobies' case to be heard before entire Third Circuit Court of Appeals; School district's appeal of lower court ruling goes before full, 14-judge panel": The Morning Call of Allentown, Pennsylvania has a news update that begins, "The Easton Area School District's appeal of a federal court ruling to allow 'I (heart) Boobies' bracelets to be worn by students at school will heard by the entire Third Circuit Court of Appeals." You can access today's order of the U.S. Court of Appeals for the Third Circuit granting rehearing en banc at this link. The case was argued before a three-judge Third Circuit panel in April 2012, but no ruling has yet issued. You can access the audio of that oral argument via this link (54.6 MB Windows Media Audio file). "Ruling could compromise U.S. administrative judges' autonomy": Reuters has a report that begins, "Administrative judges, the adjudicators of regulatory law at U.S. government agencies, may face a threat to their independence from political influence under a recent court ruling. A federal appeals court ruled in July that the Copyright Royalty Board, a panel of administrative judges who set the rate broadcasters pay for copyright licenses, was unconstitutional because of the way its panelists are appointed and the job protections they are given." Posted at 02:05 PM by Howard Bashman "In March 2003, Bosley was a 37-year-old news anchor for a CBS television affiliate in Ohio. While on vacation in Florida, Bosley entered a 'wet t-shirt' contest at a bar and ultimately danced nude." Today, the U.S. Court of Appeals for the Sixth Circuit issued its ruling in Balsley v. LFP. LFP stands for Larry Flynt Publications, the publisher of Hustler magazine. In earlier news coverage, The Associated Press reported that "Hustler fights lawsuit over news-anchor photo." "Does a sentence of 110 years to life for a juvenile convicted of committing non-homicide offenses constitute cruel and unusual punishment under the Eighth Amendment on the ground it is the functional equivalent of a life sentence without the possibility of parole?" The Supreme Court of California answered "yes" in a ruling issued today. Posted at 01:34 PM by Howard Bashman "Experts Discuss Privacy Protection in the Internet Age": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit yesterday posted online a news release that begins, "Privacy experts addressing the Ninth Circuit Judicial Conference Tuesday said neither Congress nor the federal courts may be able to control commercial use of the wealth of personal data now found on the Internet." Posted at 12:10 PM by Howard Bashman Wednesday, August 15, 2012 "11th Circuit Court blocks removal of 10 Commandments monument from Florida courthouse": The Huntsville Times has this news update. And The Associated Press reports that "Fight over Dixie monument sent back to lower court." You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link. "Panel denies hearing for 'Norfolk Four' convict": The Virginian-Pilot has this news update. And The Associated Press reports that "'Norfolk 4' member loses bid for new hearing." You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link. "Impersonating a cop vs. pretending to be a war hero": Ken Paulson has this essay online at the First Amendment Center. Posted at 10:09 PM by Howard Bashman "Supreme Court should have 4 women says retiring justice; Deschamps leaving top court after 10 'intense' years": CBC News has a report that begins, "The federal government should ensure there are at least four women on the Supreme Court of Canada's bench, according to retiring Justice Marie Deschamps, but she doesn't think appointees have to be bilingual on day one of the job." Posted at 10:06 PM by Howard Bashman "SF cop fights suspension over nude photos": Today in The San Francisco Chronicle, Henry K. Lee has an article that begins, "A San Francisco police officer whose hobby is photographing naked women has filed a federal civil rights suit against the city, saying he was wrongfully suspended twice because of his off-duty pastime." Posted at 01:56 PM by Howard Bashman "Pop Star's Photos Aren't Fair Game, Divided Panel Concludes": Scott Graham of The Recorder has this report. And at Politico.com, Tal Kopan has a blog post titled "Court: Mag violated copyright by printing wedding photos." My earlier coverage of yesterday's Ninth Circuit ruling appears at this link. "D.C. Joins Amicus Brief in Supreme Court Affirmative Action Case": Zoe Tillman has this post today at "The BLT: The Blog of Legal Times." Posted at 01:50 PM by Howard Bashman "From Casinos To Carpenters, Watching Houseboat Case At Supreme Court": At Forbes.com, Daniel Fisher has this blog post. Posted at 09:25 AM by Howard Bashman "Kamala Harris on race, college admission": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "California Attorney General Kamala Harris has urged the U.S. Supreme Court to let public colleges in other states keep their authority to consider a student's race in admissions decisions, saying California's ban on affirmative action has made schools less diverse and harmed students of all races." Posted at 09:14 AM by Howard Bashman "Louisiana Supreme Court chief justice dispute should be settled by state, Gov. Bobby Jindal says": The Associated Press has this report. Posted at 09:10 AM by Howard Bashman "What kind of conservative is Ted Cruz?" Columnist Dana Milbank has this op-ed today in The Washington Post. Posted at 09:06 AM by Howard Bashman "Panel to decide on Orie Melvin's pay; Judge Manning expected to decide whether to separate sisters' cases": Laura Olson and Paula Reed Ward have this article today in The Pittsburgh Post-Gazette. Posted at 08:55 AM by Howard Bashman "Aging Justices Give New Life To High Court As Campaign Issue": Greg Stohr of Bloomberg News has this report. Posted at 08:53 AM by Howard Bashman Tuesday, August 14, 2012 "In effect, the jury both convicted and acquitted Mr. Shippley of the charged conspiracy. What to do? In this appeal we wrestle with the question as the district court did before us." Circuit Judge Neil M. Gorsuch issued this interesting opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit. Posted at 07:50 PM by Howard Bashman "Gossip magazine's celebrity wedding photos broke law, court says": Maura Dolan of The Los Angeles Times has a blog post that begins, "A federal appeals court decided Tuesday that a gossip magazine violated copyright law by publishing photographs of a secret celebrity wedding." And Courthouse News Service reports that "9th Circuit Rejects Tabloid's Fair-Use Claim." You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. "Asian-American rift over Supreme Court affirmative action case": Terry Baynes of Reuters has this report. Posted at 05:33 PM by Howard Bashman "Justice Kennedy Stands by Circuit Conference": Today. the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued a news release that begins, "Supreme Court Justice Anthony M. Kennedy stood by the Ninth Circuit Judicial Conference Monday, saying that the gathering here of the federal bench and bar from the western states was 'a prudent and a proper exercise of the judicial function.'" The Ninth Circuit has also posted the prepared text of Justice Kennedy's remarks today at the judicial conference in Maui. "Falsely identifying oneself as a policeman in order to get out of a speeding ticket is simply not the kind of expressive conduct the Framers of our first and one of our greatest amendments had in mind." So holds the majority on a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit in a decision issued today. Posted at 05:28 PM by Howard Bashman "Appeals Court OKs Warrantless, Real-Time Mobile Phone Tracking": At Wired.com's "Threat Level" blog, David Kravets has this post reporting on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today. Posted at 05:26 PM by Howard Bashman "Houseboat case may be moot": Lyle Denniston has this post at "SCOTUSblog." Posted at 03:30 PM by Howard Bashman "Why Don't the Justices Ever Visit Military Hospitals?" Andrew Cohen has this essay online at The Atlantic. Posted at 12:16 PM by Howard Bashman "Circuit Conference Opens with Supreme Court Review": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release yesterday. Posted at 11:17 AM by Howard Bashman "Senate should not invoke 'Thurmond Rule' to block Kayatta nomination": Law professor Carl Tobias has this blog post online at The Hill. Posted at 11:15 AM by Howard Bashman "Judges for Sale": Jeffrey Toobin has this post online today at The New Yorker. Posted at 09:50 AM by Howard Bashman "Obama administration urges justices to uphold affirmative action; In October, the Supreme Court will hear an appeal on the issue, over which it has been closely split for decades": David G. Savage of The Los Angeles Times has this report. And The Boston Globe reports today that "Harvard, MIT file brief in affirmative action suit." "Justice race no easy win for GOP; Democrats' rare advantage: Candidate is an incumbent." Today in The Cincinnati Enquirer, Dan Horn has an article that begins, "Sharon Kennedy had one big advantage last year when she launched her campaign to become the first Butler County resident elected to the Ohio Supreme Court in almost 150 years. She's a Republican. A GOP majority has dominated the court for more than a decade, and no Democrat has been elected since 2000. This time around, though, party affiliation alone might not be enough." Posted at 08:59 AM by Howard Bashman "Retired Supreme Court justice to visit Anchorage; Sandra Day O'Connor will promote online civics program": The Associated Press has this report. Posted at 08:55 AM by Howard Bashman "Gov. Bobby Jindal, at last minute, enters legal battle over Louisiana Supreme Court": This article appears today in The Times-Picayune of New Orleans. And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "La. Court In Racially Charged Power Struggle, Again." "State Supreme Court has been downsized. That's a problem." The Philadelphia Daily News contains this editorial today. Posted at 08:52 AM by Howard Bashman "Democrats could oust chief justice candidate; Lyon under fire over comments, 'bizarre behavior'": This article appears today in The Montgomery (Ala.) Advertiser. Posted at 08:50 AM by Howard Bashman "Sanders, McCloud advance in Supreme Court race": The Associated Press has a report that begins, "Former Washington Supreme Court Justice Richard Sanders has a chance to get his old job back." Posted at 08:45 AM by Howard Bashman Monday, August 13, 2012 "Big Business Taking over State Supreme Courts: How Campaign Contributions to Judges Tip the Scales Against Individuals." The Center for American Progress issued this news release in connection with a report that the organization issued today. Posted at 10:40 PM by Howard Bashman "Administration urges justices to continue college affirmative action admissions": Robert Barnes will have this article Tuesday in The Washington Post. Greg Stohr of Bloomberg News reports that "Obama Lawyers Urge High Court To Back Affirmative Action." At Politico.com, Josh Gerstein has a blog post titled "White House backs affirmative action in higher ed." The Texas Tribune reports that "Friends of the Court Support UT Admission Practices." And The Daily Californian has a news update headlined "UC files brief in support of race-based admissions policies." You can access the amicus briefs via this link. "Justice Department opposes illegal immigrant's bid to practice law; Justice Department says federal law prohibits giving a public benefit, such as a bar license, to an 'unlawfully present alien' -- in this case, Sergio C. Garcia of California": Maura Dolan has this article today in The Los Angeles Times. Posted at 09:34 PM by Howard Bashman "Government backs Texas U. on use of race": At "SCOTUSblog," Lyle Denniston has a post that begins, "The Obama Administration urged the Supreme Court on Monday to uphold the University of Texas' use of race in selecting its incoming class of students, arguing that the university needed to add that factor to assure that more minorities are enrolled." Update: At the "School Law" blog of Education Week, Mark Walsh has a post titled "Obama Backs University of Texas on Race in Admissions." And Jesse J. Holland of The Associated Press has a report headlined "Justice: UT affirmative action policy legal." "Industry groups seek court rehearing over GHG regulations": Lawrence Hurley of Greenwire has this report. Posted at 03:38 PM by Howard Bashman "None of the Supreme Court Justices Has Battle Experience": Andrew Cohen has this essay online at The Atlantic. Posted at 03:05 PM by Howard Bashman "Hawaii at a time like this? Judges' trip to Maui raises eyebrows." This article appeared Saturday in The Los Angeles Times. Posted at 03:02 PM by Howard Bashman "Supreme Court to hear international child custody dispute": Jonathan Stempel and Terry Baynes of Reuters have this report. And at "SCOTUSblog," Lyle Denniston has a post titled "Court grants one new case." You can access today's Order List of the U.S. Supreme Court at this link. Sunday, August 12, 2012 "California unlikely to meet prison crowding reduction requirement; An early plunge in the prison population to address a court order has leveled off; Federal jurists have asked the state to come up with an early release plan or other ideas to reduce its prison population": This article will appear Monday in The Los Angeles Times. Posted at 11:28 PM by Howard Bashman "When is a campaign contribution a bribe?" Robert Barnes will have this article Monday in The Washington Post. Posted at 11:22 PM by Howard Bashman "Supreme Court ruling leaves Jefferson County capital murder cases in limbo": The Birmingham News today has an article that begins, "The Jefferson County capital murder trial of an Ensley teen charged at age 16 has been delayed as Alabama courts grapple with the recent U.S. Supreme Court ruling that banned mandatory no-parole sentences for juvenile killers." Posted at 09:23 PM by Howard Bashman "Kansas, Nebraska head to court over years-old water dispute": The Wichita Eagle has an article that begins, "Kansas and Nebraska are continuing their fight for water in the Republican River Basin. On Monday, the two states will begin a trial in Portland, Maine, before a special master appointed by the U.S. Supreme Court." Posted at 09:18 PM by Howard Bashman "High court case looks at affirmative action at universities": Melanie Eversley will have this article in Monday's edition of USA Today. Posted at 09:14 PM by Howard Bashman "Iowa Supreme Court's Wiggins must go, too, foes say; Bid begins to oust another who found marriage law illegal": Today's edition of The Des Moines Register contains an article that begins, "A socially conservative political rally at a Waukee church Saturday served as the kickoff for a renewed effort to throw out the Iowa Supreme Court justices who made same-sex marriage legal." And The Waterloo-Cedar Falls Courier reports today that "Vander Plaats launches effort to oust another Supreme Court justice." "A chief justice's time to eschew partisanship?" Columnist Michael Smerconish has this op-ed today in The Philadelphia Inquirer. Posted at 08:30 AM by Howard Bashman "Public faces barriers in accessing Canadian courts, chief justice says": The Globe and Mail of Toronto has an article that begins, "The chief justice of Canada's Supreme Court says the legal system risks a loss of public faith unless barriers to public access to the courts, especially for civil matters, are lowered." Posted at 08:27 AM by Howard Bashman "Illegal immigration battle heads back to court": Today's edition of The Citizens' Voice of Wilkes-Barre, Pennsylvania contains an article that begins, "Lawyers on both sides of an immigration battle that propelled Hazleton into the national spotlight nearly six years ago will base testimony on court rulings from related disputes in Arizona and Farmers Branch, Texas, when the case resumes Wednesday in federal appeals court." Posted at 08:25 AM by Howard Bashman "Tribes want new powers to prosecute non-Indians": Rob Hotakainen of McClatchy Newspapers has this report. Posted at 08:24 AM by Howard Bashman "Under the U.S. Supreme Court: Drones in the sky over America." Michael Kirkland of UPI has this report. Posted at 08:22 AM by Howard Bashman Saturday, August 11, 2012 "Supreme Court To Decide Whether Floating House Is Really A Boat": Daniel Fisher has this blog post at Forbes.com. Posted at 01:48 PM by Howard Bashman "GOVERNINGWorks Interviews: Tom Goldstein." You can access online the first four parts of an interview with the publisher of "SCOTUSblog." The segments are titled "That Guy With the Web Site"; "SCOTUSblog--Without Papers"; "Courting Media"; and "To Your Health." Part five of the interview is scheduled to appear next Tuesday. Posted at 01:46 PM by Howard Bashman "Child Pornography and the Restitution Revolution": Cortney Lollar has posted this article online at SSRN (via "Sentencing Law and Policy"). Posted at 01:36 PM by Howard Bashman "Judge Susie Morgan tells lawyers trying to thwart Bernette Johnson suit that they don't represent 'the State'": The Times-Picayune of New Orleans has an article that begins, "U.S District Court Judge Susie Morgan ruled Friday that it does not appear to her that the New Orleans lawyers seeking to intervene on behalf of the state in the matter of Supreme Court Justice Bernette Johnson's claim to be the next chief justice do, in fact, represent the state." Posted at 01:30 PM by Howard Bashman "Sanders holding on to 2nd place in state Supreme Court race": The Associated Press has a report that begins, "Former Justice Richard Sanders' bid to return to the Washington Supreme Court is still alive." Posted at 01:28 PM by Howard Bashman Friday, August 10, 2012 "Judge blocks same-sex marriages": At "SCOTUSblog," Lyle Denniston has a post that begins, "Ruling that the Supreme Court settled the issue forty years ago, a federal judge in Hawaii has declared that same-sex couples do not have a constitutional right to get married." Posted at 03:51 PM by Howard Bashman "Ex-Judges, Prosecutors Join Fight Over Prosecutorial Misconduct": At "The BLT: The Blog of Legal Times," Mike Scarcella has a post that begins, "More than 50 former federal judges and prosecutors are urging the U.S. Supreme Court to hear a dispute over alleged government misconduct, taking a position in the case against the Justice Department." You can view the amicus brief at this link. "Test ahead for U.S. law limiting gun-seller liability": Andrew Longstreth of Reuters has an article which reports that "A 2005 law that protects the gun industry from certain lawsuits has been challenged in Alaska in case that may give gun-control activists their next chance to test the law before the U.S. Supreme Court." Posted at 09:38 AM by Howard Bashman "Justice Scalia Writes How-to Read Guide for Interpreting the Law": This interview with Justice Antonin Scalia appeared on yesterday evening's broadcast of The PBS NewsHour. Posted at 09:37 AM by Howard Bashman "Court defies Congress, heads to Hawaiian junket": The Washington (D.C.) Examiner has this report. You can view the schedule for the conference at this link. "African hair braider gets federal court win; Centerville woman says she's ready to get back to work": In today's edition of The Salt Lake Tribune, Brooke Adams has an article that begins, "A federal judge said Wednesday the state's demand that an African hair braider get a cosmetology license was unconstitutional since most of the training required is 'irrelevant' to her home-based service. In ruling in favor of Jestina Clayton, U.S. District Court Judge David Sam cited a 1915 U.S. Supreme Court ruling that held the right to work for a living in common, community-based occupations is the 'very essence of the personal freedom and opportunity' protected by the U.S. Constitution." And today's edition of The Deseret News contains an article headlined "Court ruling: Centerville woman has a right to braid hair without a cosmetology license." You can access Wednesday's ruling of the U.S. District Court for the District of Utah at this link. "Parnell appoints Anchorage lawyer to state Supreme Court; Anchorage's Maassen selected to fill slot on Alaska top bench": The Associated Press has a report that begins, "Alaska Gov. Sean Parnell has appointed an Anchorage lawyer to the state Supreme Court to replace a justice recently named to the 9th U.S. Circuit Court of Appeals." You can access the news release announcing the appointment at this link. Thursday, August 9, 2012 "Halligan's nomination for DC Circuit blocked again": Reuters has this report. Posted at 09:00 PM by Howard Bashman "Jane Roberts, Chief Justice John Roberts' Spouse, Breaks The Mold Of Supreme Court Wives": Christina Wilkie of The Huffington Post has this report. Posted at 06:20 PM by Howard Bashman "Racial Preference in Austin: The University of Texas goes to great lengths to disguise the role of race in admissions." John S. Rosenberg has this essay today at National Review Online. Posted at 06:14 PM by Howard Bashman "Wal-Mart beats janitors' appeal on immigration, lockups": Reuters has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today. Posted at 06:12 PM by Howard Bashman "Mass. high court: What judges think is protected by state and federal constitution." John R. Ellement of The Boston Globe has a news update that begins, "The state's highest court said today that judges cannot be forced to disclose to ethics investigators what they were thinking when they made their rulings, a decision that creates a 'judicial deliberative privilege' in Massachusetts for the first time." You can access today's ruling of the Supreme Judicial Court of Massachusetts at this link. "New Study Finds Obama Had Some Success with Circuit Court Nominees": Todd Ruger has this post today at "The BLT: The Blog of Legal Times." My earlier coverage of the study can be accessed here. "Supreme court throws out million-dollar award over Gophers job; Coach candidate not entitled to protection under law, justices say; The ruling vacates the jury award to Jimmy Williams, saying the U owed no duty of care": The Minneapolis Star Tribune contains this article today. And Minnesota Daily reports that "Supreme Court overturns $1 million award to Williams." You can access yesterday's ruling of the Supreme Court of Minnesota at this link. "Judge rejects lawsuit attempting to remove justices from ballot; An attempt by a conservative legal group to get three justices thrown off the ballot, and the court, gets halted when a circuit judge rejects the lawsuit": This article appears today in The Miami Herald. The Palm Beach Post reports today that "Judge dismisses lawsuit trying to throw 3 Florida Supreme Court justices off ballot." And The Associated Press reports that "Suit to kick Florida justices off ballot dismissed." "U.S. will not challenge computer fraud case to high court": Reuters has a report that begins, "The government has decided not to ask the U.S. Supreme Court to review a divided appeals court ruling in a criminal case that drew attention to a 28-year-old computer hacking law that critics argue is being used too broadly." And c|net News reports that "Justice Dept. won't appeal computer fraud dismissal; Appellate court ruled in April that prosecutors were too broadly interpreting a decades-old anti-hacking law to prosecute a man charged with misappropriating trade secrets." "Race to replace Justice Chambers remains tight": The Associated Press has a report that begins, "The race to replace retiring Washington Supreme Court Justice Tom Chambers is tightening." Posted at 08:46 AM by Howard Bashman "Attorneys seek separate trials for Orie sisters": Today's edition of The Pittsburgh Post-Gazette contains an article that begins, "Attorneys representing suspended state Supreme Court Justice Joan Orie Melvin asked today that her trial not be combined with one for her sister, Janine Orie, who is also charged with using the justice's staff, as well as the legislative staff of another sister, to campaign for the high court." And today's edition of The Pittsburgh Tribune-Review reports that "Accused Supreme Court justice argues to keep her trial separate from sister's." Wednesday, August 8, 2012 "The Court at the Olympics": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times. Posted at 09:44 PM by Howard Bashman "Exclusive: Justice Ginsburg shrugs off rib injury." Joan Biskupic of Reuters has this report. Posted at 09:25 PM by Howard Bashman "Key part of Arizona immigration law could take effect soon": Josh Gerstein of Politico.com has this post reporting on an order that the U.S. Court of Appeals for the Ninth Circuit issued today. Posted at 06:20 PM by Howard Bashman "No class status in black construction workers' case: 7th Circuit." Terry Baynes of Reuters has this report on a ruling that Chief Judge Frank H. Easterbrook issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit. Posted at 06:00 PM by Howard Bashman In posts of interest at "The BLT: The Blog of Legal Times." Mike Scarcella has a post titled "In GPS Surveillance Case, Dispute Over Evidence Flares Up" that begins, "The Washington-area man at the center of the government surveillance dispute that reached the U.S. Supreme Court is fighting to convince a judge not to allow jurors to hear about the tens of thousands of dollars of cocaine federal agents seized in 2005." And Todd Ruger has a post titled "Senate GOP Ends D.C. Circuit Nominee's Bid a Second Time." Programming note: Additional posts will appear here this afternoon. Posted at 10:28 AM by Howard Bashman Tuesday, August 7, 2012 "Sanders in tough fight to regain high court seat": The Associated Press has a report that begins, "Former Justice Richard Sanders faces tough opposition in his bid to regain a seat on Washington's Supreme Court." Posted at 09:44 PM by Howard Bashman "Texas executes killer despite his lawyers' concerns over his IQ": The Houston Chronicle has this news update. Posted at 08:04 PM by Howard Bashman "TVShack Extradition Case Tumbling as Seventh Circuit Holds Linking/Streaming is Lawful": Jennifer Granick has this post at the blog of the Center for Internet and Society at Stanford Law School. Posted at 05:45 PM by Howard Bashman With much attention being focused on a similar case pending in California, the Supreme Court of Florida is likewise considering whether undocumented immigrants should be admitted to the practice of law in the State of Florida: As that court noted earlier today on Twitter, you can access the documents filed in the case via this link. Posted at 05:20 PM by Howard Bashman "Google, Oracle Must Disclose Writer Payments, Judge Says": Bloomberg News has this report. c|net News has a report headlined "Judge to Oracle, Google: Did you pay off bloggers? The federal judge on the case wants to know if Google or Oracle (or both) paid commentators and bloggers during the legal battle." And Ars Technica has a report headlined "'Name your shills,' judge orders Oracle, Google; Judge is concerned that parties may be paying those who write about the case." You can access today's order of the U.S. District Court for the Northern District of California at this link. "Judges remain hostages in the Senate: Shameful that senators refuse to vote on noncontroversial nominees." This editorial appears today in The Des Moines Register. Posted at 03:50 PM by Howard Bashman "Loughner pleads guilty to Ariz. shooting": The Associated Press has this report. And The Arizona Republic has a news update headlined "Loughner found competent, pleads guilty in mass shooting." "What Were They Thinking -- The Supreme Court in Revue, OT2011": John Elwood has this post at "The Volokh Conspiracy." Posted at 02:03 PM by Howard Bashman In today's mail: A copy of law professor Richard L. Hasen's new book, "The Voting Wars: From Florida 2000 to the Next Election Meltdown." You can visit the book's web site by clicking here. Yesterday, Rick -- who also writes the "Election Law Blog" -- had an op-ed in The New York Times entitled "A Detente Before the Election." "Court rules against State Dept. in age bias case": The Associated Press has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today. Posted at 01:47 PM by Howard Bashman "Appeals court tosses warrantless wiretapping suit": Josh Gerstein of Politico.com has a blog post that begins, "A federal appeals court has overturned a court decision awarding $40,800 in damages and $2.5 million in legal fees to an Islamic charity's lawyers who claimed they were illegally surveilled under President George W. Bush's warrantless wiretapping program." You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Update: In other coverage, The Associated Press reports that "Court overturns wiretap ruling against feds." And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Appeals Court OKs Warrantless Wiretapping." "U.S. Appeals Court Affirms Discrimination Claim Against Quinnipiac Athletics": Edmund H. Mahoney of The Hartford Courant has this news update. And The Associated Press reports that "Appeals court affirms that cheering is not a sport." You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. Update: In other coverage, Reuters reports that "Competitive cheerleading not a sport, federal appeals court rules." "Pa. high court fast tracks juvenile lifer appeals": The Associated Press has this report. Posted at 01:28 PM by Howard Bashman "Honoring America's Veterans Act Signed By Obama, Restricting Westboro Military Funeral Protests": The Huffington Post has this report. Earlier, CNN.com reported that "Church says military funeral protests will continue despite new restrictions." "Parent who challenged Kyleigh's Law will appeal to U.S. Supreme Court; Kyleigh's Law could go to feds": This article appears today in The Asbury Park Press. The Philadelphia Inquirer reports today that "N.J. high court upholds license-plate decal for young drivers." And The Bergen County Record reports that "NJ's Supreme Court upholds decal law for young drivers." My earlier coverage of yesterday's New Jersey Supreme Court ruling can be accessed here. "The myth of New Jersey's 'balanced' court": Thomas M. Johnson Jr. has this op-ed today in The Newark Star-Ledger. Posted at 09:30 AM by Howard Bashman Josh Blackman interviews Shon Hopwood, author of the book "Law Man: My Story of Robbing Banks, Winning Supreme Court Cases, and Finding Redemption." You can watch the interview via this link. Posted at 09:27 AM by Howard Bashman "Fake bomb ruled scarier than fake WMD": Bob Egelko has this article today in The San Francisco Chronicle. You can access yesterday's ruling of the Supreme Court of California at this link. "An immigration end-run in Texas: The town of Farmers Branch uses a housing ordinance to regulate immigration; That's wrong." This editorial appears today in The Los Angeles Times. Posted at 09:20 AM by Howard Bashman "Judge Susie Morgan rules Supreme Court, per se, cannot intervene in Bernette Johnson's federal case": The Times-Picayune of New Orleans has an article that begins, "Federal District Court Judge Susie Morgan ruled Monday that the state Supreme Court, per se, cannot intervene in a case being brought by Supreme Court Justice Bernette Johnson and the original plaintiffs in the Chisum voting rights lawsuit. Johnson and the Chisum plaintiffs are attempting to keep the Supreme Court from pursuing a process to determine whether Johnson is entitled to be the court's next chief justice, a matter they feel is already settled in Johnson's favor." Posted at 09:18 AM by Howard Bashman "Snake Valley water could land in U.S. Supreme Court; Utah hasn't signed a negotiated deal, so Nevada agency is considering lawsuit to Supreme Court": This article appears today in The Salt Lake Tribune. Posted at 09:14 AM by Howard Bashman "U.S. appeals ruling against military detention law": Reuters has a report that begins, "Federal prosecutors on Monday appealed a U.S. judge's order barring enforcement of part of a law that permits indefinite military detention for those deemed to have 'substantially supported' al Qaeda, the Taliban or 'associated forces.'" Posted at 09:12 AM by Howard Bashman Monday, August 6, 2012 "Bonds reflects on Aaron chase, Hall chances; All-time home run leader talks about past in lengthy Q&A session": Barry M. Bloom of MLB.com has this interview with Barry Bonds. In the interview, Bonds discusses his appeal pending in the U.S. Court of Appeals for the Ninth Circuit. Posted at 10:05 PM by Howard Bashman "UT stands by admissions policy in Supreme Court case": The San Antonio Express-News has this update. And The Associated Press reports that "Univ. of Texas files brief defending affirmative action policy challenged in US Supreme Court." "Court Seeks Guidance in Mall Shooting Case": Courthouse News Service has a report that begins, "Posing questions that it said 'would be perfect for a first-year torts exam,' the 9th Circuit on Monday asked the Washington Supreme Court to weigh in on the scope of a mall owner's liability for a 2005 shooting rampage." You can access today's order of the U.S. Court of Appeals for the Ninth Circuit at this link. "UT Austin's Consideration of Race in Admissions is Narrow, Necessary and Constitutional": The University of Texas at Austin today issued a news release that begins, "Today, the University of Texas at Austin filed its brief to the United States Supreme Court as respondent in the case of Fisher v. University of Texas at Austin." You can access the Brief for Respondents at this link. In addition, via YouTube you can access "Video of UT President Bill Powers discussing the Supreme Court brief." And, in case you missed it, the Brief for Petitioner, filed in May 2012, can be accessed here. In early news coverage, The Texas Tribune reports that "UT-Austin Files Brief in Case on Admissions Policy." "Blogger Giving Advice Resists State's: Get a License." Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times. Posted at 07:00 PM by Howard Bashman "Ira Isaacs' Sentencing Postponed": XBIZ Newswire has this report. Posted at 04:36 PM by Howard Bashman "Low IQ score focus of Texas death row appeal": The Associated Press has this report. Posted at 04:35 PM by Howard Bashman "Posner: Sharing links isn't copyright infringement." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. Posted at 04:00 PM by Howard Bashman "Tipping the Scales: He doesn't look the part of a revolutionary, and he may be anathema to conservatives at the moment, but Chief Justice John Roberts is on course to fundamentally alter the legal firmament." James Oliphant has this cover story in the current issue of National Journal magazine. Posted at 03:28 PM by Howard Bashman "Court denies Ryan's latest bid for early release": The Chicago Tribune has a news update that begins, "A federal appeals court in Chicago today denied former Gov. George Ryan's latest bid to get out of prison early." And The Associated Press reports that "Federal court denies ex-Illinois governor's appeal." You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link. "Circuit Provides Additional Response on Conference": The Ninth Circuit has posted online this letter, dated Friday, August 3, 2012, from Chief Judge Alex Kozinski. Posted at 01:16 PM by Howard Bashman En banc Seventh Circuit reinstates lawsuit alleging that parking ticket issued by Village of Palatine, Illinois contained too much information and thus violated the federal Driver's Privacy Protection Act: You can access today's en banc ruling of the U.S. Court of Appeals for the Seventh Circuit at this link. Circuit Judge Richard A. Posner issued a dissenting opinion, in which he writes, "I am not a fan of literal interpretation. But it is the proper default rule when it has reasonable consequences and there is no indication that the legislature stumbled in trying to translate legislative purpose into words." Eighth Circuit declares unconstitutional a St. Louis ordinance that prohibits conduct, including speech, which has the consequence of impeding pedestrians or vehicular traffic: You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link. Posted at 11:48 AM by Howard Bashman "N.J. Supreme Court upholds decal law for young drivers": MaryAnn Spoto of The Newark Star-Ledger has a news update that begins, "Requiring young drivers to affix a red decal to their car's license plate is not an invasion of their privacy and does not make them more vulnerable to predators, the state Supreme Court ruled this morning." And The Associated Press reports that "NJ court upholds decal law for young drivers." You can access today's ruling of the Supreme Court of New Jersey at this link. Update: In other coverage, Jef Feeley of Bloomberg News reports that "New Jersey's Young-Driver Law Not Flawed, Court Concludes." "Sen. Lindsey Graham: Qualifications of Judicial Nominees Should Count More Than Politics." James Podgers has this post at ABA Journal's "Law News Now" blog. Posted at 08:55 AM by Howard Bashman "DNA and the Fourth Amendment": This editorial appears today in The New York Times. Posted at 08:54 AM by Howard Bashman "Supreme court case puts spotlight on UT admissions policy": The Daily Texan has this report. Posted at 08:40 AM by Howard Bashman Sunday, August 5, 2012 "Why Do Federal Judges Retire? More Income Is Top Answer." Debra Cassens Weiss has this post today at ABA Journal's "Law News Now" blog. And online at SSRN, you can access a related paper titled "Leaving the Bench, 1970-2009: The Choices Federal Judges Make, What Influences Those Choices, and Their Consequences." "Mentally Retarded and on Death Row": This editorial appeared yesterday in The New York Times. Posted at 02:22 PM by Howard Bashman "Obama embraces health care law after court ruling": The Associated Press has this report. Posted at 01:30 PM by Howard Bashman "Sandra Day O'Connor defends Roberts on health care ruling": CBS News has this report. And The Huffington Post has a report headlined "Sandra Day O'Connor Says Public Disapproval Of Roberts Court 'A Great Disappointment.'" Update: In other coverage, Politico.com has blog posts titled "Sandra Day O'Connor not surprised by Roberts's health care vote" and "Sandra Day O'Connor: Bush-Gore decision may have sparked declining approval of SCOTUS." "Justice Ginsburg Talks About Arias, the Law and the Most Famous Plea Bargain in Opera": Stephanie Francis Ward has this post (featuring video of an interview with Justice Ruth Bader Ginsburg) today at ABA Journal's "Law News Now" blog. And yesterday, ABA Now had a report headlined "Lawyers Enjoy a Morning at the Opera With Justice Ginsburg and Solicitor General Verrilli." "Under the U.S. Supreme Court: The arithmetic of gay marriage." Michael Kirkland of UPI has this report. Posted at 09:55 AM by Howard Bashman Saturday, August 4, 2012 "Jared Loughner to plead guilty in Tucson shooting, sources say; Mental health officials reportedly believe he is now competent to understand the charges in the killing of six people and wounding of Rep. Gabrielle Giffords and 12 others in Tucson last year": Richard A. Serrano of The Los Angeles Times has this news update. And The Associated Press has a report headlined "AP Source: Loughner would get life in shooting." Update: In other coverage, Reuters reports that "Loughner to plead guilty in Arizona shooting spree." "Appeals court rules for Inquirer in defamation case": In today's edition of The Philadelphia Inquirer, Chris Mondics has an article that begins, "In a ruling in a defamation lawsuit against The Inquirer, a federal appeals court in Philadelphia found that linking to an allegedly defamatory article on the Internet does not by itself expose a publisher to charges of libel." You can access the recent ruling of the U.S. Court of Appeals for the Third Circuit at this link. "Words Mean Things: Antonin Scalia teams up with David Foster Wallace's favorite lexicographer for a revealing look at how judges read laws." Scott Korb has this book review online at Slate. Posted at 02:05 PM by Howard Bashman Friday, August 3, 2012 "Powerful Shaper of U.S. Rules Quits, With Critics in Wake": Saturday's edition of The New York Times will contain an article that begins, "Cass R. Sunstein, who wielded enormous power as the White House overseer of federal regulation, came to Washington to test his theories of human behavior and economic efficiency in the laboratory of the federal government. Now he is departing with a record that left many business interests disappointed and environmental, health and consumer advocates even more unhappy." Posted at 10:54 PM by Howard Bashman "Complex, Fractured Michigan Supreme Court Decision Includes Fight Over Font Size and Substantial Compliance": Rick Hasen has this post at his "Election Law Blog" about a ruling that the Supreme Court of Michigan issued today. The fight involved not just any font size, but rather the meaning of 14-point font, a size well known to lawyers who file appellate briefs in the U.S. Courts of Appeals. "Justice Ginsburg weighs legal lessons of opera": The Associated Press has this report. Posted at 05:20 PM by Howard Bashman "Senate GOP, Again, Blocks D.C. Circuit Nominee": Todd Ruger has this post at "The BLT: The Blog of Legal Times." Posted at 04:35 PM by Howard Bashman "Former Gov. Don Siegelman sentenced to 78 months in prison": The Birmingham News has this update. Posted at 04:06 PM by Howard Bashman "2nd Circuit upholds RNC arrests of two anti-abortion protesters": Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday. Posted at 04:02 PM by Howard Bashman "Appeals court reinstates Vermont prison forced labor case": Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today. Posted at 03:28 PM by Howard Bashman PBS to air "The Barnes Collection" documentary this evening: You can access the documentary's home page at this link. The Pittsburgh Post-Gazette recently published a review headlined "Fine PBS film on Barnes collection avoids controversy." "Shots Fired: D.C. Circuit Sharply Divides in Machine Gun Dispute." At "The BLT: The Blog of Legal Times," Mike Scarcella has this post about an en banc ruling that the U.S. Court of Appeals for the D.C. Circuit issued today. Among the interesting aspects of today's decision, Circuit Judge Janice Rogers Brown wrote the majority opinion, while Circuit Judge Brett M. Kavanaugh wrote a lengthy dissent. In addition, two other judges wrote separate opinions questioning why the case had been accepted for en banc review. "Obama's Judicial Confirmations at the Election Year Summer Recess, and Prospects for the Fall": Russell Wheeler of the Brookings Institution has posted this paper online today. Posted at 01:44 PM by Howard Bashman "Appeals court puts off ruling on Yucca Mountain": The Associated Press has this report on an order that the U.S. Court of Appeals for the D.C. Circuit issued today. Update: In other coverage, Lawrence Hurley and Hannah Northey of Greenwire report that "Court waits on Congress before ruling on license application." "Feds seek 4-to-7 years in last Bush-era adult porn case": Josh Gerstein of Politico.com has this blog post. Posted at 12:48 PM by Howard Bashman "U.S. Justice Department opposes undocumented immigrant's right to get California law license": Howard Mintz has this article today in The San Jose Mercury News. Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Illegal immigrants are ineligible to practice law in California, President Obama's Justice Department told the state's high court in a rebuff to a man who was brought to the United States as a toddler and worked his way through college and law school." And Reuters has a report headlined "Justice Department: California should not let illegal immigrant practice law." "Wash. Supreme Court rules backpack search illegal": The Associated Press has a report that begins, "The Washington Supreme Court on Thursday ruled that a student backpack search in 2009 at a Bellevue high school was illegal because the officer who conducted the search and found a weapon was acting as a police officer at the time." Yesterday's ruling of the Supreme Court of Washington State consists of a majority opinion and a dissenting opinion. Update: At the "School Law" blog of Education Week, Mark Walsh has a post titled "Court Invalidates Backpack Search by School Resource Officer." "Fifty Shades of Scalia": Timothy Egan has this post at the "Opinionator" blog of The New York Times. Posted at 08:30 AM by Howard Bashman Thursday, August 2, 2012 "Appeals court overturns ban on video-sharing site": Terry Baynes of Reuters has a report that begins, "A video-sharing website that allows users to post links to copyrighted videos hosted on third-party sites is not infringing copyright laws, a federal appeals court ruled on Thursday." My earlier coverage of today's Seventh Circuit ruling appears here and here. "Ginsburg, Verrilli and Arias of Agreement": Tony Mauro has this post today at "The BLT: The Blog of Legal Times." Posted at 08:40 PM by Howard Bashman "Shell: Alien Tort Statute not meant for international human rights." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. Posted at 05:48 PM by Howard Bashman "Media, ACLU to argue against censorship at Guantanamo": Carol Rosenberg of The Miami Herald has this news update. Posted at 05:20 PM by Howard Bashman "The June surprises: Balls, strikes, and the fog of war." Law professor Charles Fried has this very lengthy post at "SCOTUSblog." Posted at 04:16 PM by Howard Bashman "Video Embedding Site Isn't a Contributory Copyright Infringer, But Sideloading Could Be Direct Infringement--Flava Works v. myVidster": Eric Goldman has this interesting post at his "Technology & Marketing Law Blog." My earlier coverage of today's Seventh Circuit ruling appears at this link. "Appeals court revives false claims suit vs. Lockheed": Dan Levine of Reuters has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today. Posted at 02:41 PM by Howard Bashman "Texas on verge of electing Ted Cruz its first Hispanic senator": Columnist Linda P. Campbell of The Fort Worth Star-Telegram has an essay that begins, "Texas' first Hispanic U.S. senator will be a sharp 42-year-old who won debating championships at Princeton, got a law degree from Harvard, clerked at the U.S. Supreme Court and has worked for a mega law firm. Of course, Ted Cruz was born in Canada. And he's a Republican. But apparently Texas Republicans, who won't elect a Hispanic-surnamed candidate to the state's highest court, will vote to send one to Washington, 'elitist' pedigree and all." Posted at 01:36 PM by Howard Bashman "Medina loses seat on Texas Supreme Court to tea party candidate": The Southeast Texas Record has this report. And The Dallas Morning News has a blog post titled "Supreme Court candidate John Devine's Divine Intervention." "The defendants ('myVidster' for short) appeal from the grant of a preliminary injunction in a suit by Flava Works for copyright infringement." So begins the opinion that Circuit Judge Richard A. Posner issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit. As the opinion goes on to explain, "Flava specializes in the production and distribution of videos of black men engaged in homosexual acts," while myVidster is "an online service engaged in what is called 'social bookmarking.'" Sixth Circuit rejects pre-enforcement challenge to the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which makes it a crime to batter a person because of the person's religion, national origin, gender, sexual orientation, gender identity, or disability: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link. According to today's opinion, in challenging the law, the plaintiffs alleged that "the expression and practice of their anti-homosexual religious beliefs will lead to federal investigation and prosecution under the Act, in violation of their First Amendment rights." "Appeals court blocks Arizona's 20-week abortion ban": This front page article appears today in The Arizona Republic. In today's edition of The Arizona Daily Star, Howard Fischer reports that "AZ abortion curb on hold for now with cryptic order from 9th Circuit." And Bob Egelko of The San Francisco Chronicle reports that "U.S. court blocks Arizona abortion law." My earlier coverage of yesterday's Ninth Circuit order can be accessed here. "Justice Sotomayor honors roots at Yankee Stadium": MLB.com has this report, which features a video clip. ESPNNewYork.com reports that "Sotomayor 'pays homage' to Creatures." And Newsday reports that "Sonia Sotomayor joins Bleacher Creatures at Yankee Stadium for Roll Call." "Va. man appeals to Supreme Court over DUI conviction": Today's edition of The Washington Times contains an article that begins, "A man convicted of drunken driving in Alexandria is taking his fight to the U.S. Supreme Court, challenging an unprecedented ruling in March from Virginia's highest court that someone drunk behind the wheel of a car parked on a public road with a key in the ignition is now automatically guilty of drunken driving." Posted at 08:50 AM by Howard Bashman "Courts mull whether illegal immigrants can be licensed to practice law": Reuters has this report. Posted at 08:46 AM by Howard Bashman "Little-noticed order reverses ban against judges' political donations; Revised ethics rules again allow political contributions": The Tennessean contains this article today. Posted at 08:44 AM by Howard Bashman "DA's office seeks 1 trial for Supreme Court justice, sister on corruption charges": Today's edition of The Pittsburgh Tribune-Review contains an article that begins, "Legal observers and political watchdogs debated on Wednesday whether suspended Supreme Court Justice Joan Orie Melvin should resign as she awaits trial on corruption charges." And The Associated Press reports that "Pa. DA seeks to join cases of Justice Melvin, aide." Wednesday, August 1, 2012 "Court Demands TSA Explain Why It Is Defying Nude Body Scanner Order": David Kravets has this post at Wired.com's "Threat Level" blog. Posted at 10:09 PM by Howard Bashman "Arizona's new abortion law blocked by court": Howard Fischer of The Arizona Daily Star has this news update. And The Associated Press reports that "US appeals court blocks Ariz. 20-week abortion ban." You can access today's order of the U.S. Court of Appeals for the Ninth Circuit at this link. Update: In other coverage, Reuters reports that "Appeals court blocks Arizona's new late-term abortion ban." "Justice Sotomayor joins Yankees bleacher creatures": The Associated Press has this report. Update: In other coverage, The New York Daily News reports that "Supreme Court Justice Sonia Sotomayor joins Yankee Stadium Bleacher Creatures during first-inning Wednesday; Bronx native Sotomayor lauds Yankee fans as the 'greatest.'" "4th Circuit reinstates law on concealed-carry permits": The Maryland Daily Record has a news update that begins, "The 4th U.S. Circuit Court of Appeals on Wednesday issued a stay that will keep Maryland's current concealed-carry gun permit process in place while the state attorney general appeals a ruling that the existing statute is unconstitutional." Posted at 03:44 PM by Howard Bashman "Texas wastes no time in citing Supreme Court health care ruling in Clean Air Act litigation": Lawrence Hurley of Greenwire has this report. Posted at 03:04 PM by Howard Bashman "Superficial Change on the Federal Bench?" In the August 2012 issue of California Lawyer magazine, Lawrence Hurley has an article that begins, "When the U.S. Senate voted May 7 to confirm Jacqueline Nguyen to a position on the Ninth U.S. Circuit Court of Appeals, she became the first Vietnamese-American federal judge in history." Posted at 01:42 PM by Howard Bashman "Senate Candidate in Texas Is Known as an Intellectual Force": Thursday's edition of The New York Times will contain a "Man in the News" profile that begins, "As a teenager, Ted Cruz was an intense and eloquent parser of free-market economics, dazzling Rotary Clubs here in Houston by reciting the Constitution. At Princeton, he was a national champion debater and an intellectual leader of a band of conservative students. He was a star at Harvard Law School and clerked for the chief justice of the Supreme Court." Posted at 01:33 PM by Howard Bashman "Iowa GOP chairman calls for ouster of another Supreme Court justice": The Des Moines Register today has a blog post that begins, "The Republican Party of Iowa's chairman is pushing for the ouster of one of the authors of a court decision that legalized same-sex marriage in Iowa. Gay marriage instantly became a political hot button in Iowa after the ruling three years ago, but there has been little urgency behind the issue this year." Posted at 01:30 PM by Howard Bashman "Appeals Court Reverses Wrongful Death Award in Malik Jones Case": The Hartford Courant has this news update. And The Associated Press reports that "New York court rules East Haven not liable in racially charged '97 police shooting of Malik Jones." You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. Only 146 shopping days until Christmas: For those who believe it's never too early for a creche case, the U.S. Court of Appeals for the Sixth Circuit appears to agree, based on this ruling issued today. Posted at 11:03 AM by Howard Bashman "D.C. Circuit Joins Split Over the Preservation of Purely Legal Issues for Appeal": Nicholas J. Wagoner has this post today at the "Circuit Splits" blog. Posted at 10:07 AM by Howard Bashman "Newspaper Takes A Stand On Anonymous Commenters": This audio segment appeared on yesterday evening's broadcast of NPR's "All Things Considered." Posted at 09:12 AM by Howard Bashman "Judge dismisses two counts against Joan Orie Melvin": Today in The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, "Suspended state Supreme Court Justice Joan Orie Melvin scored a victory of sorts Tuesday when two of the nine criminal counts against her were dismissed at the conclusion of her preliminary hearing." Posted at 09:08 AM by Howard Bashman 
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