How Appealing


Thursday, September 18, 2014

"Sen. Jeff Sessions, Sen. Richard Shelby call for Mark Fuller's resignation": AL.com has this report.

And The Atlanta Journal-Constitution reports that "GOP senator urges Alabama judge accused of wife assault to resign."
Posted at 09:02 AM by Howard Bashman




"New York Times reporter provides Constitutional analysis": The Michigan Daily has an article that begins, "To honor the 227th anniversary of the U.S. Constitution's signing, Adam Liptak, U.S. Supreme Court correspondent for The New York Times, spoke Wednesday afternoon about the Roberts court and the Constitution's role in public policy today."
Posted at 08:55 AM by Howard Bashman




"A profile in political cowardice: Republicans railroad the nomination of Debo Adegbile, and Democrats let it happen." Columnist Errol Louis has this op-ed in today's edition of The New York Daily News.
Posted at 08:53 AM by Howard Bashman




"Court upholds civil verdict against LAPD for withholding evidence": Maura Dolan of The Los Angeles Times has this report.

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "LA Police Liable for Withholding Evidence of Innocence."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:47 AM by Howard Bashman




"Oklahoma asks court to dismiss lawsuit brought in wake of botched execution; Plaintiffs in lawsuit, including ACLU and The Guardian, claim bearing witness to executions is first amendment right": The Guardian (UK) has this report.
Posted at 08:44 AM by Howard Bashman




"Barry Bonds case: Court to rehear home-run king's appeal." Howard Mintz of The San Jose Mercury News has this report.
Posted at 08:42 AM by Howard Bashman




Wednesday, September 17, 2014

"Effective September 24, 2014, the Clerk's Office will no longer provide change to paying customers. Exact change will be required if you choose to pay with cash." The U.S. Court of Appeals for the Fifth Circuit posted this announcement online today.

Imagine, hypothetically, that the first customer of the day pays exact change to the Fifth Circuit's clerk's office for a payment due of $4.00. Assume further that the second customer of the day owes a fee of $6.00 but only has two $5 bills. Presumably in this hypothetical scenario, at least, the Fifth Circuit's clerk's office actually could provide change to the second customer of the day if it wanted to.
Posted at 10:44 PM by Howard Bashman




"A Conversation Between Justice Ruth Bader Ginsburg and Professor Robert A. Stein": You can view at this link the video of Justice Ruth Bader Ginsburg's remarks yesterday at the University of Minnesota Law School.
Posted at 10:03 PM by Howard Bashman




"High court: Photography law is 'unconstitutional.'" The San Antonio Express-News has this report on a ruling that the Court of Criminal Appeals of Texas issued today.

According to the article, "The law had banned taking photos or videos of anyone in public without consent if they were to be used for sexual gratification."
Posted at 09:35 PM by Howard Bashman




"Coming of Age for the Federal Circuit": Law professor Robin Feldman will have this article in a forthcoming issue of The Green Bag.
Posted at 09:23 PM by Howard Bashman




In reports from The National Law Journal's "Supreme Court Brief": Marcia Coyle reports that "Orrick Hires Five Former Supreme Court Clerks" (freely access the full text via Google News) and "Professor Examines Nixon, Hoover Role in Fortas' Fall" (freely access the full text via Google News).

And Tony Mauro has an article headlined "Arm in a Cast, Sotomayor Tours Oklahoma and Meets Tribal Leaders" (freely access the full text via Google News).
Posted at 09:18 PM by Howard Bashman




"Gucci, Tiffany dealt blow in fake goods case against China banks": Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 08:42 PM by Howard Bashman




"Book Review: David Lat's Supreme Ambitions." Steve Klepper has this post today at the "Maryland Appellate Blog."
Posted at 08:40 PM by Howard Bashman




"Schooling the Supreme Court on Rap Music: Is it art or a true threat of violence?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:16 PM by Howard Bashman




"Opponents of Wisconsin voter ID law seek reversal of court's decision": Patrick Marley of The Milwaukee Journal Sentinel has this news update.

The Wisconsin State Journal reports that "Groups appeal voter ID ruling, allege 'eleventh-hour' changes will disenfranchise thousands."

And Bloomberg News reports that "Wisconsin Voter ID Ruling Assailed in ACLU Reversal Bid."

I linked to the petition for rehearing en banc filed late yesterday in the U.S. Court of Appeals for the Seventh Circuit in this post earlier today.
Posted at 05:08 PM by Howard Bashman




"Model Networking Site Must Face Rape Victim's Lawsuit": Karen Gullo of Bloomberg News has this report.

And Courthouse News Service reports that "Claim by Woman Raped by Model Mayhem Users Revived by 9th Circ."

My earlier coverage of today's Ninth Circuit ruling can be accessed here.
Posted at 04:58 PM by Howard Bashman




"Richard Shelby: Judge Mark Fuller should resign." Mary Orndroff Troyan and Brian Lyman of The Montgomery Advertiser have a news update that begins, "Sen. Richard Shelby on Wednesday called for U.S. District Judge Mark Fuller to step down from the bench, joining a growing chorus of federal lawmakers seeking the judge's resignation after his arrest on domestic violence charges last month."
Posted at 04:55 PM by Howard Bashman




The Pa. Supreme Court denies review of four rulings addressing the impact of federal preemption, in the aftermath of Mensing and Bartlett, on state law personal injury claims brought by plaintiffs injured as the result of ingesting Reglan and/or metoclopramide: I will link to the specific orders of the Supreme Court of Pennsylvania, docketed this afternoon, denying review in all four cases when they are posted online later today. (Update: The orders denying review can be accessed here, here, here, and here.)

Back on June 29, 2013, I had this post linking to the Pa. Superior Court's rulings in all four cases, which I had orally argued on appeal on behalf of the plaintiffs.

Update: In early news coverage, P.J. D'Annunzio of The Legal Intelligencer reports that "Justices Decline to Hear Reglan Preemption Cases." You can freely access the full text of the article via Google News.

And Law360.com reports that "Pa. High Court Nixes Appeal In Reglan Preemption Battle" (subscription required for full access).
Posted at 03:11 PM by Howard Bashman




"Barry Bonds appeal heads back to court": The Associated Press has this report.

Tomorrow, an 11-judge panel of the U.S. Court of Appeals for the Ninth Circuit will convene a rehearing en banc in the case.
Posted at 02:54 PM by Howard Bashman




Federal Circuit evades the allure of Fed. R. Civ. P. 19(a), votes to deny rehearing en banc of mandatory joinder issue: You can access today's order of the U.S. Court of Appeals for the Federal Circuit denying rehearing en banc, and the concurrence and two dissents therefrom, at this link.
Posted at 01:54 PM by Howard Bashman




Model Mayhem indeed: Construing the Communications Decency Act, the U.S. Court of Appeals for the Ninth Circuit today reversed a district court's dismissal of a failure to warn claim against the owner of the Model Mayhem website.

According to today's Ninth Circuit ruling, the plaintiff -- an aspiring model -- alleged that two rapists used the website to lure her to a fake audition, where they drugged her, raped her, and recorded her for a pornographic video. Today's decision holds that the Communications Decency Act did not bar plaintiff's claim under California law alleging that the owner of the Model Mayhem site is liable for negligent failure to warn.

In April 2012, Courthouse News Service reported on the filing of the lawsuit in an article headlined "Model Claims Website Hushed Up Rapes."
Posted at 01:45 PM by Howard Bashman




"It is this bedrock principle -- known as the heckler's veto doctrine -- that the panel overlooks, condoning the suppression of free speech by some students because other students might have reacted violently." So writes Circuit Judge Diarmuid F. O'Scannlain, in his dissent from a denial of rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued today.

My coverage of the original three-judge panel's ruling (which reissued today in amended form) appeared in a post titled "Ninth Circuit rules that high school administrators did not violate the First Amendment by barring students from coming to school on Cinco de Mayo with shirts containing the American flag."

Update: In early coverage, Howard Mintz of The San Jose Mercury News has a report headlined "American flag T-shirt case: Court refuses to rehear challenge."

Bob Egelko of The San Francisco Chronicle reports that "Morgan Hill schools' ban on U.S. flag shirts upheld."

And The Associated Press reports that "Court won't reconsider school's US flag shirt ban."
Posted at 01:38 PM by Howard Bashman




"Arguments in Gilbert church sign case set for 2015": Howard Fischer of The East Valley Tribune has this report.
Posted at 12:04 PM by Howard Bashman




"VirnetX to Vringo's Lost Millions Show Patent Peril": Susan Decker of Bloomberg News has this report, in which she notes that "[a] dozen smaller claims have been tossed by trial judges after the U.S. Supreme Court limited software patents in June."
Posted at 10:50 AM by Howard Bashman




"BP Pulls Old College Trick, Fiddles With Line Spacing to Beat Court Filing Page Limit": Elliot Hannon has this post online at Slate.
Posted at 10:45 AM by Howard Bashman




"The Disappearing 'Undue Burden' Standard for Abortion Rights": Jeffrey Toobin has this daily comment online at The New Yorker.
Posted at 10:42 AM by Howard Bashman




"The Supreme Court takes a civil case on the sanctity of jury deliberations": Senior U.S. District Judge Richard G. Kopf has this interesting post today at his "Hercules and the Umpire" blog.
Posted at 10:40 AM by Howard Bashman




"Assessing the Supreme Court": Erwin Chemerinsky has this op-ed in today's edition of The Orange County Register.
Posted at 08:57 AM by Howard Bashman




"Supreme Court ruling hasn't stopped police from warrantless requests for data; Police continue to request Canadians' personal information from telecoms; Sometimes with a warrant, sometimes without a warrant": This front page article appears in today's edition of The Toronto Star.
Posted at 08:55 AM by Howard Bashman




She sells Seychelles: The Seychelles News Agency reports that "Seychelles Supreme Court re-opens; acting CJ calls for the justice system to be revitalized into a centre of judicial excellence for the region."
Posted at 08:50 AM by Howard Bashman




"Tories fast-tracked Supreme Court appointment after Globe report": Today's edition of The Toronto Globe and Mail contains a front page article that begins, "The federal government says it abandoned its normal process when it named Justice Clement Gascon to the Supreme Court in June because it was worried about leaks to The Globe and Mail detailing the flawed selection process used to choose the last candidate."

And CBC News reports that "Harper sidestepped MPs on Supreme Court pick due to Nadon 'leaks'; Justice Minister Peter MacKay's claims 'a bit rich,' says NDP MP Francoise Boivin."
Posted at 08:44 AM by Howard Bashman




"Targeted killings and the rule of law: Tactic is here to stay; legal system needs to catch up with military technology." Law professor Alan M. Dershowitz has this op-ed in today's edition of The Boston Globe.
Posted at 08:40 AM by Howard Bashman




"Will the Supreme Court Let Arizona Fight Gerrymandering? Voters cut their legislature out of the redistricting process; Now legislators want the Supreme Court to deal them back in." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 08:35 AM by Howard Bashman




"Read the En Banc Brief in 7th Circuit Wisconsin Voter ID Case": Rick Hasen has this post today at his "Election Law Blog." You can access the petition for rehearing en banc at this link.
Posted at 08:33 AM by Howard Bashman




"Justice Ginsburg shares her views at U forum -- up to a point": In today's edition of The Pioneer Press of St. Paul, Minnesota, Elizabeth Mohr has an article that begins, "At times deeply personal and funny, but ever the socially relevant public figure-cum-pop icon she's known to be, U.S. Supreme Court Justice Ruth Bader Ginsburg appeared at the University of Minnesota on Tuesday evening for an intimate conversation."
Posted at 08:26 AM by Howard Bashman




"Justice Clarence Thomas warns of constitutional ignorance during UT Tyler appearance": The Tyler (Tex.) Morning Telegraph has this report.
Posted at 08:22 AM by Howard Bashman




Tuesday, September 16, 2014

"FSU colleagues, friends, family remember Markel": Sean Rossman of The Tallahassee Democrat has a news update that begins, "Slain Florida State University College of Law professor Dan Markel's reputation as a publishing dynamo and generous academic with boundless talent played second string to memories of his personal charms at a memorial held in his honor Tuesday."

And earlier today, Florida's Capitol News Service had a report headlined "No answers in law professor's death 2 months later."
Posted at 09:42 PM by Howard Bashman




"Happy Constitution Day! Too bad it's almost certainly unconstitutional." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:35 PM by Howard Bashman




The Eleventh Circuit adjusts to having two judges with the last name Pryor: As shown in a published opinion issued today, Circuit Judge William H. Pryor, Jr. will be shown in the listing of judges as "William Pryor."

As part of today's ruling, Judge Pryor issued an opinion concurring in part and dissenting in part. And the majority opinion, which has a snappy opening paragraph, appears to be the first published majority opinion written by Circuit Judge Robin S. Rosenbaum.
Posted at 09:24 PM by Howard Bashman




"Michelle MacDonald: Jurors shown video of Supreme Court candidate's DWI arrest." The Pioneer Press of St. Paul, Minnesota has this news update.
Posted at 08:32 PM by Howard Bashman




"Ginsburg: Watch 6th Circuit on gay marriage." The Associated Press has this report.
Posted at 08:27 PM by Howard Bashman




"Iowa Supreme Court allows telemed-abortion system to continue": The Des Moines Register has a news update that begins, "The Iowa Supreme Court decided today to let Planned Parenthood of the Heartland continue using its controversial video-conferencing method for dispensing abortion pills -- for the time being."
Posted at 08:20 PM by Howard Bashman




Federal appellate judges have daughters too: And sometimes one serves in the U.S. House of Representatives.

Today, U.S. Representative Martha Roby (R-AL), the daughter of Senior Eleventh Circuit Judge Joel F. Dubina, issued a news release titled "Domestic Abuse Cannot Be Tolerated; Judicial disciplinary process must play out."

In news coverage, Mary Troyan of The Montgomery Advertiser has a news update headlined "Roby: Judge Mark Fuller deserves no special treatment."

And AL.com has a report headlined "Rep. Martha Roby on Mark Fuller: 'This is a very serious matter ... domestic abuse cannot be tolerated.'"
Posted at 08:00 PM by Howard Bashman




"There is news and then there is The New York Daily News": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 04:58 PM by Howard Bashman




"FSU to hold Dan Markel memorial this afternoon": Sean Rossman of The Tallahassee Democrat has this news update.
Posted at 02:26 PM by Howard Bashman




"U.S. court throws out VirnetX $368 million patent award vs. Apple": Jonathan Stempel of Reuters has this report on the ruling that a unanimous two-judge panel of the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 02:13 PM by Howard Bashman




"Kansas justices dive into ballot dispute with Kobach, Taylor; Shawnee County DA attempting to exit Senate campaign": Tim Carpenter of The Topeka Capital-Journal has this news update.

Dave Helling of The Kansas City Star has a news update headlined "Kansas high court hears Chad Taylor's plea to get off Senate ballot."

Bryan Lowry of The Wichita Eagle has a news update headlined "Justices question why Democrat Chad Taylor can't withdraw from Senate race."

The Associated Press reports that "Kansas judges question why Democrat kept on ballot."

And at his "Election Law Blog," Rick Hasen has a post titled "Live Blogging #KSSEN Taylor v. Kobach: Analysis."
Posted at 12:50 PM by Howard Bashman




"A Guantanamo Test Case for the 'New' D.C. Circuit": Steve Vladeck has this post today at the "Just Security" blog.
Posted at 11:16 AM by Howard Bashman




Today is the official publication date of my wife's first novel, "Predator": In addition to everything else she does, my wife -- Janice Gable Bashman -- is a published author. And today is the publication date of her first novel.

You can view the book cover at this link. The book, a young adult novel, is available for order on Amazon in paperback and e-reader formats.

According to Suspense Magazine, "Every twist and fascinating revelation fell into place smoothly, with an ending that will leave readers wanting more. With this kind of originality on the page, it is exciting to speculate at the surprises Bashman will unveil next."
Posted at 11:14 AM by Howard Bashman




"The Fall of the House of Boggs: The bizarre Ecuadorean lawsuit that destroyed a Washington institution." Paul M. Barrett has this article online at Politico Magazine.
Posted at 11:02 AM by Howard Bashman




"Detentions of war: How can US keep terror suspects with no hope of trial, but espouse due process?" Alan M. Dershowitz has this op-ed in today's edition of The Boston Globe.
Posted at 10:30 AM by Howard Bashman




"The law school is hosting a memorial event in honor of our deceased friend and colleague on Tuesday, September 16, 2014." The Florida State University College of Law this afternoon is hosting a memorial ceremony. Via "TaxProf Blog," you can access more information about this afternoon's event at this link.
Posted at 10:22 AM by Howard Bashman




"Kansas election law looms large in US Senate race": The Associated Press has a report that begins, "The Kansas Supreme Court will hear arguments Tuesday over whether the Democrat who wants to drop out of the U.S. Senate race must stay on the ballot, a dispute that could have a big effect on Republicans recapturing a Senate majority."
Posted at 10:15 AM by Howard Bashman




"Who Speaks For the Bench About Surveillance?" Former U.S. District Judge Nancy Gertner has this op-ed in this week's issue of The National Law Journal.

You can freely access the full text of the op-ed via Google News.
Posted at 10:02 AM by Howard Bashman




"Patriot Awards Gala recognizes well-known names for dedication to U.S. Military": The Daily Beacon, the student newspaper of the University of Tennessee, has this report. According to the article, "The awards show culminated with the Congressional Medal of Honor Society's Patriot Award, the most distinguished recognition the society offers. The 2014 Patriot Award went to Supreme Court Justice Samuel Alito for his dissenting opinion on the Stolen Valor Act."

And yesterday, WSJ.com's "Law Blog" had a post titled "Justice Alito Urges Congress to Protect Nation's Military Honors System."

You can access online the video of Justice Samuel A. Alito, Jr.'s remarks at the event via this link (beginning at approximately the 20-minute mark).
Posted at 09:58 AM by Howard Bashman




"U.S. Supreme Court Justice To Oklahoma Audience: 'There Is Value To Failure.'" KGOU, an NPR station at the University of Oklahoma, posted online at this link the audio of "Justice Sonia Sotomayor's fireside chat with students and faculty of the University of Oklahoma College Of Law on September, 12, 2014."
Posted at 09:48 AM by Howard Bashman




"BP Seeks Access to $750 Million Transocean Insurance": Bloomberg News has this report on a case being argued today before the Supreme Court of Texas on certified question from the U.S. Court of Appeals for the Fifth Circuit.
Posted at 09:45 AM by Howard Bashman




"Judge overheard by juror trashing 'stupid' discrimination case": The New York Daily News yesterday posted online this exclusive report.
Posted at 09:44 AM by Howard Bashman




Change of address: On Oct. 1, 2014, "How Appealing" will have a new online address and a new online host. The exciting details -- including my plan for a new monthly recurring blog feature -- will be announced both here and via this blog's Twitter feed in the very near future. If you show up here on Wednesday, October 1st and no one's home, simply access this blog Twitter feed, which will then display the blog's new online location.

"How Appealing" has proudly been a part of the law.com blog network since April 20, 2006. As I noted in this post from February 2014, the law.com blog network is officially terminating at the end of this month, precipitating this blog's impending change of address and new online host.
Posted at 09:33 AM by Howard Bashman




Monday, September 15, 2014

"Six justices defend rule banning partisan judicial endorsements": The Helena Independent Record has a news update that begins, "Six of the seven Montana Supreme Court justices have filed a friends-of-the-court brief asking a federal judge to uphold a 2008 state judicial rule that prohibits judicial candidates from seeking or accepting partisan endorsements."

I have posted online at this link a copy of the amicus brief.

In somewhat related coverage, earlier this month The Virgin Islands Daily News published an article headlined "Federal court chides V.I. Supreme Court for filing amicus regarding its autonomy from federal court" reporting on a ruling that the U.S. Court of Appeals for the Third Circuit issued late last month.

I have posted online at this link the amicus brief that the Supreme Court of the Virgin Islands filed in the Third Circuit in the case described in the preceding paragraph.
Posted at 10:14 PM by Howard Bashman




"Obama civil rights nominee withdraws": The Associated Press has this report.
Posted at 09:54 PM by Howard Bashman




"Tenn. justices name Slatery as attorney general": The Associated Press has this report.

According to the article, "Tennessee is the only state in the country where the high court names the attorney general."
Posted at 09:04 PM by Howard Bashman




"Second Actor Sues Google Over 'Innocence of Muslims'; Gaylord Flynn says his own performance has been violated": Eriq Gardner has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 09:00 PM by Howard Bashman




"A Thousand-Dollar Bill: The Supreme Court is wrong about the influence you can buy with less than $5,200." Law professor Usha Rodrigues has this jurisprudence essay online at Slate.
Posted at 08:57 PM by Howard Bashman




"Stay extended on Indiana same-sex marriage case pending Supreme Court decision": The Indianapolis Star has this news update.

And The Milwaukee Journal Sentinel has a news update headlined "Court puts Indiana gay marriages on hold until U.S. Supreme Court acts."

You can access today's order of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 08:40 PM by Howard Bashman




"Minnesota Supreme Court candidate's drunken driving trial begins": The Pioneer Press of St. Paul, Minnesota has this news update.
Posted at 08:25 PM by Howard Bashman




"T-Shirt Business Made Fair Use of Madison Mayor's Photo, Seventh Circuit Says": WisBar News has this report.

Circuit Judge Frank H. Easterbrook wrote today's ruling of the U.S. Court of Appeals for the Seventh Circuit on behalf of a unanimous three-judge panel.
Posted at 08:20 PM by Howard Bashman




"Dean Minow talks with Associate Justice Elena Kagan '86 at HLS": Last Wednesday, Harvard Law School posted this video online at YouTube.
Posted at 08:06 PM by Howard Bashman




"Absentee ballot mailings halted in push to restart voter ID law": Jason Stein and Patrick Marley of The Milwaukee Journal Sentinel have this news update.

The Capital Times of Madison, Wisconsin reports that "Clock is ticking to get a Wisconsin voter ID before November election, faster in some areas."

And The Associated Press reports that "Wisconsin election officials scramble on voter ID."
Posted at 04:15 PM by Howard Bashman




"High stakes for tribal casinos in court fight over labor rights": Amanda Becker of Reuters has this report.
Posted at 04:02 PM by Howard Bashman




"Senate Judiciary Committee chairman urges PACER to restore access to removed case archives": Andrea Peterson had this entry last Friday at "The Switch" blog of The Washington Post.
Posted at 04:00 PM by Howard Bashman




"SJC rules for Tesla in fight with car dealers": John R. Ellement of The Boston Globe has a news update that begins, "Tesla today won a victory in its effort to sell its high-end all-electric cars directly to Massachusetts consumers instead of having to use traditional car dealerships that rely on franchise licenses with carmakers."

You can access today's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 01:08 PM by Howard Bashman




"Surveillance and privacy: Snowden case reveals a program with few checks and little accountability." Law professor Alan M. Dershowitz has this op-ed in today's edition of The Boston Globe.
Posted at 01:02 PM by Howard Bashman




"Mississippi Death Row Appeal Highlights Shortcomings of Bite-Mark Identifications": Erik Eckholm will have this article in Tuesday's edition of The New York Times.
Posted at 01:00 PM by Howard Bashman




"Challenging the Privacy of Statements Inside the Jury Room": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 12:50 PM by Howard Bashman




"Appeals Court Rejects Suit Alleging Race Bias in Special Education Placements": Mark Walsh has this post today at the "School Law" blog of Education Week.

My earlier post noting last Friday's lengthy Third Circuit ruling can be accessed here.
Posted at 10:58 AM by Howard Bashman




"D.C. Circuit won't televise NSA arguments": Josh Gerstein of Politico.com has this blog post today.
Posted at 10:52 AM by Howard Bashman




Sunday, September 14, 2014

"Supreme Court ruling has wiped out 11 'do it on a computer' patents so far; The balance of power is changing as courts vigorously apply Alice v. CLS Bank": Joe Mullin of Ars Technica has this report.
Posted at 10:00 PM by Howard Bashman




"Lecture will feature 2 retired US Supreme Court justice on same New Hampshire stage": The Associated Press has this report.
Posted at 09:37 PM by Howard Bashman




"U.S. Supreme Court Justice Clarence Thomas to speak Tuesday": The Tyler (Tex.) Morning Telegraph has this report.
Posted at 09:32 PM by Howard Bashman




"War of principles: How should a democracy decide when to compromise its ideals in pursuit of victory?" Law professor Alan M. Dershowitz has this op-ed in today's edition of The Boston Globe.
Posted at 10:22 AM by Howard Bashman




Saturday, September 13, 2014

"Building Legacy, Obama Reshapes Appellate Bench": In Sunday's edition of The New York Times, Jeremy W. Peters will have a front page article that begins, "Democrats have reversed the partisan imbalance on the federal appeals courts that long favored conservatives, a little-noticed shift with far-reaching consequences for the law and President Obama's legacy."
Posted at 11:07 PM by Howard Bashman




"Software patents are crumbling, thanks to the Supreme Court": Timothy B. Lee has this post online at Vox.
Posted at 09:04 PM by Howard Bashman




"In Lisner talk, Ginsburg champions Equal Rights Amendment": The GW Hatchet has this blog post.
Posted at 09:00 PM by Howard Bashman




"Markell considering 4 for Supreme Court vacancy": Sean O'Sullivan of The News Journal of Wilmington, Delaware has this report.
Posted at 08:50 PM by Howard Bashman




"Justices Get Schooled in Rap; Amicus briefs emerge in First Amendment case": Tony Mauro will have this article in Monday's edition of The National Law Journal.

You can freely access the full text of the article via Google News.
Posted at 08:44 PM by Howard Bashman




"Justice Sotomayor speaks at OU College of Law": This front page article appears today in The Norman (Okla.) Transcript.
Posted at 08:40 PM by Howard Bashman




Just another 178-page federal appellate court opinion: A three-judge panel of the U.S. Court of Appeals for the Third Circuit issued this decision yesterday, consisting of a 124-page opinion of the court, a one-page concurring opinion, and a 53-page opinion concurring in part and dissenting in part.
Posted at 02:15 PM by Howard Bashman




"Both Sides Cite Urgency in Court Appeal of a Texas Law on Abortion Clinics": Manny Fernandez has this article in today's edition of The New York Times.

Bloomberg News reports that "Texas Claims Abortion Restrictions Don't Pose Burden."

The Associated Press reports that "Texas asks court to allow closure of most clinics."

And Courthouse News Service reports that "5th Circuit Weighs Arguments on Texas Abortion Law Appeal."

You can access at this link (mp3 audio file) the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.
Posted at 01:57 PM by Howard Bashman




"Federal Appeals Court Permits Wisconsin Voter ID Law": This article appears in today's edition of The New York Times.

In today's edition of The Milwaukee Journal Sentinel, Patrick Marley and Jason Stein have a front page article headlined "Appeals panel reinstates Wisconsin's voter ID law."

The Associated Press reports that "Appeals court reinstates Wisconsin's voter ID law."

Bloomberg News reports that "Wisconsin Wins Bid to Enforce Voter ID Rule in November."

And Reuters reports that "Appeals court gives temporary okay to Wisconsin voter ID law."

You can access yesterday's order of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 01:45 PM by Howard Bashman




"Racial-profiling plaintiff becomes federal judge": The Associated Press has this report.

And at "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "D.C. Circuit Judge Robert Wilkins Sworn In." You can freely access the full text of the blog post via Google News.

Yesterday was the ceremonial investiture, as D.C. Circuit Judge Robert L. Wilkins has been serving in that post since January 2014.
Posted at 10:00 AM by Howard Bashman




"A Conversation with Justice Ruth Bader Ginsburg": You can view the video of yesterday's event at this link.

Yesterday, I had this post linking to news coverage of the event.
Posted at 09:52 AM by Howard Bashman




"Porn conviction tossed over military's surveillance role": Bob Egelko of The San Francisco Chronicle has this blog post.

The Associated Press reports that "Appeals court overturns child porn conviction."

And Courthouse News Service reports that "Navy Guilty of Illegally Broad Online Searches."

My earlier coverage of yesterday's ruling of a divided three-judge Ninth Circuit panel can be accessed here.
Posted at 09:45 AM by Howard Bashman




Friday, September 12, 2014

"Lawyer to appeal to high court on gay conversion": The Associated Press has a report that begins, "An attorney for people seeking to overturn New Jersey's ban on so-called gay conversion therapy says he will petition the U.S. Supreme Court to hear the case."
Posted at 04:44 PM by Howard Bashman




"What cases matter most to Justice Scalia? Supreme Court justice speaks to San Diego lawyer's group." The San Diego Union-Tribune has this report.
Posted at 04:42 PM by Howard Bashman




"Supreme Court justice Sotomayor meets with groups in Oklahoma; Associate Justice Sonia Sotomayor discussed diversity, the legal profession and the lessons of 9/11 during an appearance Thursday at Oklahoma City University": The Oklahoman has this report.
Posted at 04:40 PM by Howard Bashman




"Ginsburg Speaks Out on Congress, Women and the Constitution": Tony Mauro has this post at "The BLT: The Blog of Legal Times."

You can freely access the full text of the post via Google News.
Posted at 04:37 PM by Howard Bashman




"Hawver appears at Kansas Supreme Court dressed as Thomas Jefferson; Attorney faces possible disbarment for mistakes made in Philip Cheatham capital murder case": Steve Fry of The Topeka Capital-Journal has this news update.
Posted at 01:32 PM by Howard Bashman




Majority on divided three-judge Ninth Circuit panel reverses child pornography conviction due to the NCIS's violation of the Posse Comitatus Act: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:28 PM by Howard Bashman




"Appeals panel questions why voter ID shouldn't be in place Nov. 4": Patrick Marley of The Milwaukee Journal Sentinel has this news update.

The Associated Press reports that "Appeals court to decide on Wisconsin voter ID law."

And Bloomberg News reports that "Wisconsin Urges Voter ID Restoration Ahead of Elections."
Posted at 12:54 PM by Howard Bashman




"Retired federal judge weighs in on Fuller charges": WIAT 42 News, of Birmingham, Alabama's CBS affiliate, has this report.
Posted at 09:47 AM by Howard Bashman




"Federal appeals judges to hear Wisconsin voter ID arguments": Patrick Marley of The Milwaukee Journal Sentinel has this report.

Bloomberg News reports that "Wisconsin Seeks to Revive Voter Photo ID Rule for Nov. 4."

And The Associated Press reports that "Appeals court to decide on Wisconsin voter ID law."
Posted at 08:40 AM by Howard Bashman




"Support for death penalty falls to 50-year low, Field Poll shows": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "Support for the death penalty among registered voters in California has dropped to 56 percent, the lowest level reported in nearly 50 years but one that still indicates a considerable majority in favor of capital punishment, according to a Field Poll released Friday."
Posted at 08:27 AM by Howard Bashman




"Texas Seeks to Close Abortion Clinics While It Appeals": Bloomberg News has this report.

And The Associated Press reports that "Texas abortion restrictions at US appeals court."
Posted at 08:26 AM by Howard Bashman




Thursday, September 11, 2014

"Pennsylvania challenged over execution drugs secrecy in federal court; The Guardian, ACLU and three Pennsylvania newspapers have asked judge to unseal set of legal documents that contain hidden details about the source of state's lethal injection drugs": The Guardian (UK) has this report.
Posted at 10:03 PM by Howard Bashman




"Sotomayor says race still matters in America": This article appears in today's edition of The Tulsa World.
Posted at 09:45 PM by Howard Bashman




"Court won't release costs of Gitmo camp": Josh Gerstein of Politico.com has this blog post.
Posted at 09:36 PM by Howard Bashman




"72-Hour Wait for Abortion Is Enacted in Missouri": In Friday's edition of The New York Times, John Eligon will have an article that begins, "The Republican-controlled Missouri legislature has enacted one of the most stringent waiting periods for women seeking abortions, overriding a veto by the state's Democratic governor, Jay Nixon."

And The St. Louis Post-Dispatch has a news update headlined "Missouri's waiting period for abortion becomes 72 hours after Nixon's veto overridden."
Posted at 09:30 PM by Howard Bashman




"Judge: Ohio won't bust lying politicians." The Cincinnati Enquirer has this news update.

And The Associated Press reports that "Federal judge rejects Ohio campaign statements law."

At his "Election Law Blog," Rick Hasen links to today's ruling in a post you can access here.
Posted at 09:20 PM by Howard Bashman




"State Supreme Court ousts judge who made improper Web comments": Arkansas News Bureau has this report.

And The Associated Press reports that "Judge posting online about Theron adoption ousted."

You can access today's ruling of the Supreme Court of Arkansas at this link.
Posted at 09:14 PM by Howard Bashman




"Supreme Court finds Legislature in contempt on education funding": The Seattle Times has this report.

The Olympian of Olympia, Washington reports that "Court finds Legislature in contempt in school funding case."

The Associated Press reports that "Washington lawmakers held in contempt on education."

And Reuters reports that "Washington's Supreme Court holds state in contempt over education."

You can access today's order of the Supreme Court of Washington at this link.
Posted at 09:00 PM by Howard Bashman




"Court won't intervene in NFL's concussion settlement": The Philadelphia Inquirer has this news update.
Posted at 08:52 PM by Howard Bashman




Access online the Summer 2014 issue of "Appellate Issues," the newsletter of the ABA's Council of Appellate Lawyers: At this link.

Previous issues of the newsletter can be accessed via this link, including the Summer 2012 issue, which featured an interview with me.
Posted at 08:45 PM by Howard Bashman




"Stop the Anti-Obamacare Shenanigans": Henry J. Aaron, David M. Cutler, and Peter R. Orszag have this Halbig v. Burwell-related op-ed in today's edition of The New York Times.
Posted at 06:02 PM by Howard Bashman




In posts of interest at the "Civil Procedure & Federal Courts Blog": Law professor Patricia W. Moore has recently had series of blog posts (click here and scroll down) on the proposed amendments to the Federal Rules of Civil Procedure, which go before the Judicial Conference next week (and which she opposes).

Professor Moore's latest post, however, is titled "Third Circuit Oral Argument Held in GlaxoSmithKline Diversity Case," noting the appeal that I argued yesterday.
Posted at 05:16 PM by Howard Bashman




"Voting rights cases may be headed back to Supreme Court": Richard Wolf of USA Today has this report.
Posted at 05:03 PM by Howard Bashman




"Voter ID Laws May Worsen Voter Fraud: And is Texas' law intentionally or merely incidentally racist?" Dahlia Lithwick has this jurisprudence essay online today at Slate.
Posted at 05:00 PM by Howard Bashman




"Reward in Markel case increases to $25,000": Sean Rossman of The Tallahassee Democrat has this news update.
Posted at 04:32 PM by Howard Bashman




"Dispute over Duke Ellington royalties in court": The Associated Press has a report that begins, "Jazz composer Duke Ellington's grandson is urging New York's highest court to reinstate his lawsuit seeking half the foreign royalties from Ellington's music for his heirs."
Posted at 03:26 PM by Howard Bashman




"Student and faculty memorial being held for Dan Markel": WTXL-TV, Tallahassee's ABC affiliate, has this report about a memorial scheduled for Tuesday, September 16th.
Posted at 01:42 PM by Howard Bashman




"New Jersey ban on 'gay conversion therapy' is upheld": Jonathan Stempel of Reuters has this report.

And Tony Merevick of BuzzFeed reports that "Federal Appeals Court Upholds New Jersey's Ban On Gay Conversion Therapy For Minors."

Circuit Judge D. Brooks Smith wrote today's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit.

Update: In other coverage, NJ.com reports that "N.J. gay-to-straight conversion therapy ban upheld by U.S. appeals court."

And Bloomberg News reports that "New Jersey Ban on Gay-Conversion Therapy Upheld on Appeal."
Posted at 01:36 PM by Howard Bashman




"There Is Nothing that Interpretation Just Is": Law professor Cass R. Sunstein recently posted this paper online at SSRN (via "Legal Theory Blog").

The paper's abstract begins, "Some people believe that the very idea of interpretation requires judges to adopt a particular method for interpreting the Constitution."
Posted at 01:22 PM by Howard Bashman




"If Judge Fuller won't resign, the Chief Judge of the Circuit and the Circuit Judicial Council should strip him of handling cases for as long as the law allows": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.

Today's edition of The Montgomery (Ala.) Advertiser contains an editorial titled "Mark Fuller can't stay on bench."

The Daily Beast reports that "The Ray Rice of Judges May Keep His Job; The wife of a federal judge in Alabama says he savagely beat her in a hotel room; So why will he probably return to the bench?"

At "The Brad Blog," Brad Friedman has a post titled "NFL's Ray Rice Loses Job for Knocking Out Wife, Federal Judge Mark Fuller Keeps Lifetime Appointment After Beating Wife Bloody."

And at the "She the People" blog of The Washington Post, Diana Reese has an entry titled "From Ray Rice to a federal judge, is the system too lenient in domestic violence cases?"
Posted at 01:05 PM by Howard Bashman




"Sixth Circuit panel finds mandatory 15-year imprisonment term not grossly disproportionate for possession of shotgun shells": Law professor Douglas A. Berman has this post today at his "Sentencing Law and Policy" blog about the ruling of the U.S. Court of Appeals for the Sixth Circuit today in an appeal in which Professor Berman filed a brief and presented oral argument as amicus for appellant.
Posted at 12:55 PM by Howard Bashman




Access online the audio of my oral argument yesterday before a three-judge panel of the U.S. Court of Appeals for the Third Circuit: The court has posted the oral argument audio online at this link. I argued the appeal for plaintiffs-appellants, and Lisa S. Blatt argued the appeal on behalf of the defendant-appellee. The appellate briefs can be accessed via this earlier post.

The three-judge panel consisted of Circuit Judges D. Brooks Smith and Patty Shwartz and Senior Circuit Judge Jane R. Roth.

I previously linked to news coverage of the oral argument in this post from last night. One highlight of the audio -- at one point during Ms. Blatt's presentation she utters the words "Willie Fletcher." Who says you shouldn't seem too familiar with the federal judiciary during an oral argument?
Posted at 12:02 PM by Howard Bashman




A reader's follow-up to my recent post discussing the prevalence of federal appellate judges born in Pennsylvania: If you want to be unique among federal appellate judges, being born in Saudi Arabia or Romania gives you a good head start.

Being born in Pennsylvania, on the other hand, simply won't cut it. As I noted the other day, the Eleventh Circuit is now home to two judges who were born in Pennsylvania.

One of the nice things about this blog is once I head down a path of useless appellate-related trivia, there will be at least one reader (if not more) who is willing to delve even further. This time, reader Jeremy D Horowitz emailed:

Your blog post about the confirmation of Judge [Jill A. ] Pryor piqued my curiosity, so i checked the Federal Judicial Center's judge database (www.fjc.gov). Turns out the Sixth Circuit also has two active judges born in Pennsylvania: David McKeague (born in Pittsburgh in 1946) and Deborah Cook (also born in Pittsburgh, in 1952).

For what it's worth, I found three other Pennsylvania natives among the active judges (though I haven't updated my copy of the database recently, so it's possible there are more among the recent confirmees), all of whom were born in Philadelphia: Roger Gregory (4th Cir.), Edith Jones (5th Cir.), and William Fletcher (9th Cir.).

One recent addition from Pennsylvania: Carolyn McHugh (10th Cir., born in Abington, confirmed this past March).

For whatever reason, however, being born in Pennsylvania does not seem to have been a ticket to serving on the U.S. Supreme Court in recent memory.

For readers seeking to delve even deeper into the issue of judicial birthplaces, here are two additional questions: 1. What state was the place of birth of the most U.S. Court of Appeals judges currently serving?; and 2. What state was the place of birth of the most U.S. Court of Appeals judges who have served between the creation of the U.S. Courts of Appeals and the present time?
Posted at 11:32 AM by Howard Bashman




"The death penalty and the matter of factual innocence": Senior U.S. District Judge Richard G. Kopf had this lengthy and interesting post yesterday at his "Hercules and the Umpire" blog. The post (which invited comments) has already generated 73 comments.
Posted at 11:14 AM by Howard Bashman




"Chief Justice John Roberts speaks at NU next Friday": The Omaha World-Herald has a report that begins, "U.S. Chief Justice John Roberts will speak at the University of Nebraska College of Law on Sept. 19. Roberts will participate in a public conversation with William Jay Riley, chief judge of the U.S. Court of Appeals for the Eighth Circuit."

The event will be streamed live online, and you can access the video once the event gets underway via this link.

Update: The link to access streaming video of the Chief Justice's remarks has been removed because I was incorrect in understanding that the live video feed would be made available to members of the general public.
Posted at 11:10 AM by Howard Bashman




"Missouri Republicans override Gov. Jay Nixon's veto of 72-hour abortion waiting period": The Kansas City Star has this news update.

The Associated Press reports that "Missouri enacts 72-hour abortion waiting period."

And Reuters reports that "Missouri lawmakers override Governor's veto on '72-hour' abortion law."
Posted at 10:34 AM by Howard Bashman




"U.S. court revives Microsoft co-founder's patent suit vs tech companies": Reuters has this report.

Scott Graham of The Recorder reports that "Tech Giants Notch Win Under 'Nautilus.'" You can access the full text of the article via Google News.

And Law360.com reports that "Ex-Microsoft Exec's IP Suit Against Google, Apple Revived" (subscription required for full access).

You can access yesterday's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 08:52 AM by Howard Bashman




"Stalled Georgia Judicial Nominee Presents a Dilemma for Senate Democrats": Todd Ruger, now at Roll Call, has this report.
Posted at 08:46 AM by Howard Bashman




"Federal Appeals Court upholds dismissal of tobacco cases": Jacksonville Business Journal has this report.

Daily Business Review reports that "588 Smoking Lawsuits Up in Smoke." You can freely access the full text of the article via Google News.

And Law360.com reports that "Hundreds Of Engle Progeny Tobacco Suits Axed At 11th Circ." (subscription required for full access).

You can access yesterday's lengthy ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 08:45 AM by Howard Bashman




Wednesday, September 10, 2014

"Radio Shack Coupon Settlement Gets Static From Appeals-Court Judges": Daniel Fisher has this post at Forbes.com.
Posted at 10:04 PM by Howard Bashman




"Edwin Kneedler found a career and a calling arguing before the Supreme Court": Robert Barnes will have this article in Thursday's edition of The Washington Post.
Posted at 09:40 PM by Howard Bashman




"Update on the Supreme Court: Dahlia Lithwick recaps the highlights of the last Supreme Court term and gives a brief preview of the term to come." The Charlottesville Podcasting Network today posted online this podcast (24.6 MB mp3 audio file).

And in other coverage, The Charlottesville Newsplex reports that "Senior Statesmen of Virginia Host Supreme Court Preview."
Posted at 09:35 PM by Howard Bashman




"Third Circuit Weighs GSK's 'Re-Removal' Efforts": Saranac Hale Spencer of The Legal Intelligencer has this report on the case that I argued on behalf of the plaintiffs-appellants today in the U.S. Court of Appeals for the Third Circuit. You can freely access the full text of the article via Goole News. And the appellate briefs filed in the case can be accessed via this link. Once the Third Circuit posts the audio of this oral argument online, I will link to it.

In coverage of the case that I orally argued before a different three-judge Third Circuit panel on Tuesday, Matt Fair of Law360.com reports that "3rd Circ. Asked To Revive Genaera 'Fire Sale' Investor Row" (subscription required for full access).

After presenting my oral argument on Tuesday, I took the elevator down three floors to observe some of the arguments that a third Third Circuit panel was conducting in Courtroom 16-A. The case being argued at the time was Patricia Young v. Pleasant Valley School District, which had been the subject of much news coverage while pending in the trial court. In August 2013, The Morning Call of Allentown, Pennsylvania published an article headlined "Pleasant Valley cleared in teacher sex-talk case; Federal jury rules district did not retaliate against student who complained about teacher's methods." Earlier, in May 2012, The Pocono Record reported that "New trial granted to former teacher Bruce Smith, Pleasant Valley School District." You can access the new trial ruling at this link. And you can access the audio of this very interesting Third Circuit oral argument, which occurred yesterday in Philadelphia, via this link (mp3 audio file).
Posted at 08:35 PM by Howard Bashman




"Supreme Court will consider hearing gay marriage cases": Richard Wolf of USA Today has this report.

Cheryl Wetzstein of The Washington Times reports that "High court to consider another crack at gay marriage."

And at WSJ.com's "Law Blog," Brent Kendall has a post titled "Supreme Court to Discuss Gay Marriage."
Posted at 08:17 PM by Howard Bashman




"Minnesota Supreme Court candidate's DWI trial won't be televised, judge says": The Pioneer Press of St. Paul, Minnesota has this news update.
Posted at 08:14 PM by Howard Bashman




"Religious Employers to Go Ahead With Contraception Lawsuits; Sign That Obama Administration Compromise Won't End Legal Battle": Louise Radnofsky has this article in today's edition of The Wall Street Journal.

You can freely access the full text of the article via Google.
Posted at 06:20 PM by Howard Bashman




"Falling on his words: New Orleans prosecutor with lofty writing style ignites a firestorm when he is unmasked online." Timothy M. Phelps has this front page article today in The Los Angeles Times.
Posted at 05:37 PM by Howard Bashman




"Law school remembers professor after tragedy": Washington Square News today has a report that begins, "A memorial service was held in NYU School of Law's Vanderbilt Hall yesterday to honor Daniel Markel, a former scholar-in-residence at NYU's Law School, who was killed on July 18."
Posted at 05:32 PM by Howard Bashman




"Judge prohibits release of Salt Lake City courthouse shooting video; The family of Siale Angilau, 25, wants to see the footage": The Salt Lake Tribune has this report.
Posted at 03:12 PM by Howard Bashman




"How Scalia's Beliefs Completely Changed the Supreme Court; And therefore, the country": Law professor Justin Driver has this review online at The New Republic of Bruce Allen Murphy's book, "Scalia: A Court of One."
Posted at 02:54 PM by Howard Bashman




In today's mail: I received an advance copy of David Lat's new novel, "Supreme Ambitions." The book includes a character named Howard Bashman who writes a blog titled "How Appealing."
Posted at 02:27 PM by Howard Bashman




Tuesday, September 9, 2014

"Federal judges question why John Doe issue is before them": Patrick Marley of The Milwaukee Journal Sentinel has this news update.

Dee J. Hall of The Wisconsin State Journal has a news update headlined "Appeals judges question federal judicial role in John Doe investigation."

The Associated Press reports that "Court hears arguments over Walker-related probe."

And Bloomberg News reports that "Wisconsin Prosecutors Push to Revive Walker Campaign Case."

You can access here and here (mp3 audio files) the audio of the oral arguments of these cases before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 10:40 PM by Howard Bashman




"Court to Video Stream High-Profile Cases": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 10:32 PM by Howard Bashman




"Court voids much of $180 million award over ConAgra silo fire": Jonathan Stempel of Reuters has this report.

Circuit Judge Frank H. Easterbrook wrote today's ruling of the U.S. Court of Appeals for the Seventh Circuit on behalf of a unanimous three-judge panel.
Posted at 10:28 PM by Howard Bashman




"BP's friends at the Supreme Court: new faces, old arguments." Alison Frankel's "On the Case" from Thomson Reuters News & Insight had this report yesterday.
Posted at 09:55 PM by Howard Bashman




"Same-sex marriage heading for Supreme Court vote?" Mark Sherman of The Associated Press has this report.

And Lawrence Hurley of Reuters reports that "Wisconsin, Indiana ask U.S. justices to hear gay marriage cases."
Posted at 04:03 PM by Howard Bashman




"Dems rally behind labor official who served Obama unlawfully": The Hill has a report that begins, "Senate Democrats on Tuesday rallied to the defense of a former National Labor Relations Board member whose previous appointment to the agency was deemed unconstitutional by the Supreme Court."
Posted at 03:14 PM by Howard Bashman




"Superstar Ray Rice cut from team; will 'superstar' judge Mark Fuller get to play on?" Columnist John Archibald had this essay online yesterday at AL.com.

Also yesterday, AL.com posted online an editorial titled "It's a matter of trust -- Mark Fuller should resign."

And online today at CNN.com, Jeffrey Toobin has a related essay titled "Wife-beating is not a private matter."
Posted at 02:51 PM by Howard Bashman




Monday, September 8, 2014

Programming note: On Tuesday morning, I will be presenting oral argument on behalf of the plaintiff-appellant in the second case on this page to a three-judge panel of the U.S. Court of Appeals for the Third Circuit. Consequently, additional posts will not appear here until Tuesday afternoon.

This is quite a busy week for the Third Circuit in Philadelphia, as three separate panels are sitting this week to hear oral arguments there. Tomorrow morning, when all three panels will be hearing arguments, panel three will be hearing cases in Courtroom 16-A of the Philadelphia courthouse, which is ordinarily a room reserved for trial court proceedings.

On Wednesday morning, I will be back at the Third Circuit to argue an appeal on behalf of plaintiffs-appellants (the second case on this page) before panel two. In this post from early June 2014, I linked to all of the appellate briefs filed in the appeal being argued on Wednesday. Scheduled to argue for the defendant-appellee is attorney Lisa S. Blatt.
Posted at 10:42 PM by Howard Bashman




"Another Reduction in Appellate Brief Length on the Horizon": This new installment of my monthly "Upon Further Review" column will appear in Tuesday's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

You can freely access the full text of the column via Google News.
Posted at 09:34 PM by Howard Bashman




"Court hears arguments over gay marriage's impact": The Associated Press has this report.

Dan Levine of Reuters reports that "Court sharply questions gay marriage bans from three U.S. states."

Maura Dolan of The Los Angeles Times has a news update headlined "9th Circuit judges appear skeptical of same-sex marriage bans."

And The Las Vegas Review-Journal has a news update headlined "Court hears challenge to Nevada's same-sex marriage ban."

You can view the video of today's Ninth Circuit same-sex marriage oral arguments via this link.
Posted at 09:05 PM by Howard Bashman




Next on the Eleventh Circuit's agenda, two judges with the last name Tjoflat: This evening, the U.S. Senate confirmed Jill A. Pryor to the U.S. Court of Appeals for the Eleventh Circuit by a vote of 97-0. You can access the official roll call vote tally at this link.

Consequently, the Eleventh Circuit now has two active judges with the last name Pryor to join its two active judges with the last name Carnes. Astonishingly, however, the court still only has one Tjoflat. My "20 Questions for the Appellate Judge" interview with Circuit Judge Gerald Bard Tjoflat, currently the longest serving federal appellate judge still in active service, can be accessed here.

Interestingly, Judges Tjoflat and Jill A. Pryor were both born in Pennsylvania. If any circuit other than the Third has more than two active judges who were born in Pennsylvania, that would be news to me.
Posted at 07:30 PM by Howard Bashman




"David Lat's first novel, 'Supreme Ambitions,' deftly dissects judicial power, how to get it and how to use (and abuse) it": Senior U.S. District Judge Richard G. Kopf had this post yesterday at his "Hercules and the Umpire" blog.

Although I have yet to receive an advance copy of the book myself, I am advised that the "How Appealing" blog and I make an appearance at some point in the novel.
Posted at 04:08 PM by Howard Bashman




Access online the live video of today's Ninth Circuit same sex marriage oral arguments: Via this link (which is currently up and running, just click play). The oral arguments are scheduled to get underway moments from now, at 4 p.m. eastern time.

Update: At 4:14 p.m. eastern time, the oral arguments are getting underway.
Posted at 03:58 PM by Howard Bashman




"Lillian Gobitas Klose, 90, Dies; Stood Against Mandatory Pledge": The New York Times has posted online this obituary.

Late last month, The Pottsville (Pa.) Republian-Herald published an obituary headlined "Minersville girl made legal history."

And also late last month, The Atlanta Journal-Constitution published an obituary headlined "Lillian Gobitas Klose, 90; Test of faith went to U.S. Supreme Court."
Posted at 03:52 PM by Howard Bashman




"Should the word limit for federal appellate briefs be decreased?" Emil J. Kiehne has this post today at his "New Mexico Appellate Law Blog."

The proposed word count reduction will also be the subject of tomorrow's installment of my monthly "Upon Further Review" column in The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

My earlier posts on the pending proposal can be accessed here and here.
Posted at 01:18 PM by Howard Bashman




"9th Circuit to take up same-sex marriage bans in Idaho, Nevada, Hawaii": Maura Dolan of The Los Angeles Times has this news update.

Dan Levine of Reuters reports that "U.S. appeals court to review gay marriage bans in three states."

Karen Gullo of Bloomberg News reports that "Nevada, Idaho Marriage Cases May Be Appeals Court Deja Vu."

The Associated Press reports that "Hawaii, Idaho, Nevada gay marriage laws in court."

In today's edition of The Arizona Republic, Alia Beard Rau has a front page article headlined "9th Circuit gets 3 cases on same-sex marriage."

And yesterday's edition of The Las Vegas Review-Journal contained an article headlined "Challenge to Nevada's same-sex marriage ban heard Monday." In addition, political columnist Steve Sebelius has an essay titled "No way to win."

The oral argument of these cases is scheduled to begin at 4 p.m. eastern time before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, and you can access a live video feed of the oral argument via this link.
Posted at 09:27 AM by Howard Bashman



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South Dakota Politics

The Spoons Experience

Sporadic Thoughts

SteveSachs

Stop the Bleating!

sugarmama

Sugar, Mr. Poon?

Sugarpoet.com

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
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taiwanon.com

the talking dog

Talking Points Memo

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TBOGG

Tech Law Advisor

Terebi II

Texas Law Blog

that abby girl's journal

That Broken Girl

That's News To Me

The Third Branch

Tierney's WeblAG

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Tom Tomorrow

The Trademark Blog

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trr

The Truth Laid Bear

Tutissima Cassis

uggabugga

unbillable hours

UnivAtty

Unqualified Offerings

Uppity-Negro.com

urban nomad

U.S. Supreme Court Blog

UXblog

vigilant.tv

The Ville

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vpostrel.com

Waddling Thunder

walterindenver

WampumBlog

WarLiberal.com

The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC

WOIFM

Woman of the law

Xrlq's Blog

A Yank in Oz

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Yourish.com

zonitics.com

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