How Appealing


Wednesday, July 23, 2014

"Arizona high court delays planned execution": The Associated Press has a report that begins, "Arizona's highest court on Wednesday temporarily halted the execution of a condemned inmate so it could consider a last-minute appeal."

Michael Kiefer of The Arizona Republic has a news update headlined "Arizona court puts last-minute hold on execution."

And The Arizona Daily Star has a news update headlined "Tucson killer's execution delayed."

Update: A revised AP report issued at 2:48 p.m. eastern time states that Arizona's highest court has lifted its stay of execution.
Posted at 02:35 PM by Howard Bashman




"Police looking to identify car in Markel case": Sean Rossman of The Tallahassee Democrat has this news update.
Posted at 02:09 PM by Howard Bashman




"Gunman targeted, killed top Florida State University law professor: police." The New York Daily News has this report.
Posted at 12:40 PM by Howard Bashman




"Reining in ObamaCare -- and the President: Halbig v. Burwell is about determining whether the president, like an autocrat, can levy taxes on his own." Law professor Jonathan H. Adler and Michael F. Cannon have this op-ed in today's edition of The Wall Street Journal.

You can freely access the full text of the op-ed via Google.
Posted at 11:38 AM by Howard Bashman




"Bad Readers: The judges who ruled against Obamacare are following Scalia down a terrible path of interpretation." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- today has this jurisprudence essay online at Slate.
Posted at 11:35 AM by Howard Bashman




"How to Beat Hobby Lobby: Can the states force companies to cover birth control for their employees?" Daniel Townsend has this jurisprudence essay online today at Slate.
Posted at 11:22 AM by Howard Bashman




"Judges in health care rulings vote party line": The Associated Press has this report.
Posted at 10:30 AM by Howard Bashman




"Latest Obamacare legal knot won't be easy to untangle": David Ingram of Reuters has this report.
Posted at 08:50 AM by Howard Bashman




Tuesday, July 22, 2014

"Prosecutors Are Reading Emails From Inmates to Lawyers": This front page article will appear in Wednesday's edition of The New York Times. According to the article, "across the country, federal prosecutors have begun reading prisoners' emails to lawyers."
Posted at 11:46 PM by Howard Bashman




"Obama's Health Care Law Has A Confusing Day In Court": Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered." In addition, Mara Liasson had an audio segment titled "Obamacare's Split Decisions Spell Law's Possible Return To Supreme Court."

And in commentary, Wednesday's edition of The New York Times will contain an editorial titled "An Ominous Health Care Ruling."

Online at Slate, Emily Bazelon has a jurisprudence essay titled "Obamacare Is Safe: Don't worry, the ruling against heath care subsidies is going to be reversed." And David Weigel has an essay titled "Did Conservatives Just Win a Leninist Victory Over Obamacare?"

Online at Vox, Ezra Klein has an essay titled "No, the Halbig case isn't going to destroy Obamacare."

Online at The New Republic, Brian Beutler has an essay titled "This Shamefully Dishonest Obamacare Ruling Could Blow Up in the GOP's Face."

At Politico Magazine, law professor Abbe R. Gluck has an essay titled "What the D.C. Circuit Got Wrong About Obamacare."

Online at The Daily Beast, Michael Tomasky has an essay titled "Conservatives Find Typo In Obamacare, Try To Kill People With It."

Online at Ricochet, law professor Richard Epstein has an essay titled "Understanding the Obamacare Subsidy Rulings."

At National Review Online, Ian Tuttle has an essay titled "Halbig Goes Nuclear: If Tuesday's ruling is overturned, blame Harry Reid." And at "The Corner" blog, Hans A. von Spakovsky has a post titled "Obamacare's Almost Surely Going Back to the Supreme Court"; law professor John Yoo has a post titled "Halbig Could Be Chief Justice Roberts's Chance to Redeem Himself"; and Andrew C. McCarthy has a post titled "Halbig Is Not About a 'Drafting Error.'"
Posted at 11:40 PM by Howard Bashman




"What the Hobby Lobby Ruling Means for America": Binyamin Appelbaum will have this "It's the Economy" essay in this upcoming Sunday's issue of The New York Times Magazine.
Posted at 11:14 PM by Howard Bashman




"Stanford's Mariano-Florentino Cuellar tapped for California Supreme Court; Cuellar has been nominated to serve as an associate justice of the California Supreme Court; He is the director of the Freeman Spogli Institute for International Studies and a professor at the law school": Stanford News has this report.
Posted at 11:11 PM by Howard Bashman




"Colorado AG loses another round from Court of Appeals on TABOR lawsuit": The Denver Post has a news update that begins, "Attorney General John Suthers has lost his request to have the entire 10th U.S. Circuit Court of Appeals rehear a decision by a court panel that ruled Coloradans have a right to challenge the constitutionality of the Colorado Taxpayer's Bill of Rights."

You can access today's order of the U.S. Court of Appeals for the Tenth Circuit denying rehearing en banc, and the three dissents therefrom, at this link.
Posted at 10:52 PM by Howard Bashman




"How Obama's court strategy may help save Obamacare": Josh Gerstein of Politico.com has a report that begins, "Last fall, President Barack Obama and Senate Majority Leader Harry Reid deployed the 'nuclear option' to help get three liberal judges onto the D.C. Circuit appeals court. Tuesday's ruling on Obamacare is a dramatic example of why they forced the issue."

And Tom Howell Jr. of The Washington Times reports that "D.C. appeals panel deals big blow to Obamacare subsidies; But second court backs administration on key part of law."
Posted at 09:48 PM by Howard Bashman




"Execution in Arizona Is Approved by Justices": Adam Liptak of The New York Times has this news update.

And Michael Kiefer of The Arizona Republic has a news update headlined "Supreme Court lifts stay of Arizona execution; Joseph Wood will be executed by lethal injection on Wednesday in Florence."
Posted at 09:32 PM by Howard Bashman




Having sex on desks is apparently very popular among employees of at least one Indiana prison: So suggests the opening paragraph of an opinion that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.
Posted at 08:02 PM by Howard Bashman




"7th Circuit splits on arrestee booking fees": Chicago Daily Law Bulletin has a report that begins, "People forced to pay $30 to the village of Woodridge following their arrest won't be getting their money back -- at least, not any time soon. Splintering four ways after a rare en banc hearing, the 7th U.S. Circuit Court of Appeals on Monday declined to revive a lawsuit challenging the constitutionality of an ordinance that imposed a non-refundable booking fee on anyone arrested in the village."

You can access yesterday's 55-page en banc non-decision of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 07:56 PM by Howard Bashman




"Supreme Court allows Arizona execution to proceed": The Associated Press has a report that begins, "The U.S. Supreme Court on Tuesday allowed an Arizona execution to go forward amid a closely watched First Amendment fight over the secrecy surrounding lethal injection drugs in the country."

You can access this evening's order of the U.S. Supreme Court at this link.
Posted at 07:45 PM by Howard Bashman




"The text is what it is, no matter which side benefits." So observes Circuit Judge Frank H. Easterbrook in an interesting statutory construction decision that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 07:42 PM by Howard Bashman




"FSU Professor's Fatal Shooting Rattles Campus": The ABC News program Good Morning America has this report.

FoxNews.com reports that "Legal community stunned at murder of top law professor."

At Forbes.com, Danielle Citron has a post titled "Honoring Dan Markel: Life's Lessons."

And at "PrawfsBlawg," Howard Wasserman has a post titled "Memorials for Dan Markel."
Posted at 07:26 PM by Howard Bashman




"Arizona asks top court to reverse execution ruling": The Associated Press has this report.
Posted at 05:32 PM by Howard Bashman




"Police, community seek answers in renowned FSU law professor's slaying": CNN.com has this report.

And The Daily Mail (UK) has a report headlined "'He was the intended target': Police in Florida admit they are baffled by murder of Harvard-educated professor Dan Markel after divorced father-of-two shot dead in apparent 'assassination.'"
Posted at 05:26 PM by Howard Bashman




"Mexico-born law professor Cuellar chosen for California Supreme Court": Maura Dolan of The Los Angeles Times has this news update.

Howard Mintz of The San Jose Mercury News has an update headlined "Stanford law school professor named to California Supreme Court."

The Sacramento Bee has a news update headlined "Jerry Brown names law school professor to California Supreme Court."

And The Associated Press reports that "Law professor nominated to California high court."
Posted at 02:30 PM by Howard Bashman




"Slain Toronto professor Dan Markel eulogized by colleagues; Law professors from around the U.S. pen memorial to Toronto-born man killed in Florida": CBC News has this report.
Posted at 02:23 PM by Howard Bashman




"Dan Markel died from gushot wound to the head": Sean Rossman of The Tallahassee Democrat has this news update.

And at the "Just Security" blog, law professor Andy Wright has a post titled "Dan Markel (1972-2014)."
Posted at 01:22 PM by Howard Bashman




"Courts Issue Conflicting Rulings on Health Care Law": Robert Pear of The New York Times has this news update reporting on today's D.C. Circuit ruling in the Halbig case (see this earlier post collecting early news coverage) and today's ruling of the U.S. Court of Appeals for the Fourth Circuit in King v. Burwell.

The Washington Post has a news update headlined "Federal appeals court panel deals major blow to health law" that begins, "Two federal appellate courts handed down contradictory rulings Tuesday on the legality of a central part of the Affordable Care Act that provides insurance subsidies to millions of Americans in three dozen states that rely on the new federal health insurance marketplace."

David G. Savage of The Los Angeles Times has a news update headlined "D.C. court ruling deals new blow to Affordable Care Act."

Brent Kendall and Stephanie Armour of The Wall Street Journal have a news update headlined "Appeals Courts Issue Conflicting Rulings on Health-Law Subsidies; Subsidies Seen as Crucial to Implementation of Affordable Care Act."

Richard Wolf of USA Today reports that "Appeals court panel deals blow to Obamacare."

Politico.com has reports headlined "D.C. Appeals court strikes Obamacare subsidies"; "DOJ to appeal 'incorrect' Halbig ruling"; and "GOP: Ruling an Obamacare 'repudiation.'"

The Hill has reports headlined "Federal appeals court strikes blow against ObamaCare subsidies"; "Second court disagrees, upholds subsidies"; and "Hoyer: Court ignores Congress's intent."

Sahil Kapur of TPM DC reports that "Federal Appeals Courts Clash Over Obamacare Subsidies." And Dylan Scott of TPM DC reports that "4.7 Million Could Lose Obamacare Subsidies After Huge Court Decision."
Posted at 12:58 PM by Howard Bashman




"Motrin Lawsuit: Jury Awards Girl $10 Million for Burns and Blindness." The ABC News program Good Morning America had this report in June 2011.

Today, a unanimous three-judge panel of the Superior Court of Pennsylvania affirmed the judgment in plaintiffs' favor, in a case in which I had briefed and argued the appeal on the plaintiffs' behalf. You can access today's ruling at this link, and you can access my clients' Brief for Appellees at this link.
Posted at 12:00 PM by Howard Bashman




"Because we conclude that the ACA unambiguously restricts the section 36B subsidy to insurance purchased on Exchanges 'established by the State,' we reverse the district court and vacate the IRS's regulation." A divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit today issued its ruling in Halbig v. Burwell.

Senior Circuit Judge Harry T. Edwards issued a dissenting opinion that begins, "This case is about Appellants' not-so-veiled attempt to gut the Patient Protection and Affordable Care Act."

In early news coverage, Andrew Zajac of Bloomberg News reports that "Obamacare Aid for Plan Buyers on U.S. Exchange Overturned."

David Morgan, Lawrence Hurley, and Aruna Viswanatha of Reuters have a report headlined "Appeals court throws out IRS rule on Obamacare subsidies."

The Associated Press reports that "Federal appeals court deals blow to health law."

And Lyle Denniston of "SCOTUSblog" has a post titled "Major new blow to health care law."
Posted at 10:21 AM by Howard Bashman




"U.S. Senate confirms Carnes for Atlanta-based appeals bench": Daniel Malloy of The Atlanta Journal-Constitution has an article that begins, "The U.S. Senate on Monday confirmed Judge Julie Carnes to serve on the Atlanta-based U.S. Circuit Court of Appeals, the first judicial vacancy filled in Georgia since 2011."
Posted at 08:22 AM by Howard Bashman




"Remembering Dan Markel": Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 08:21 AM by Howard Bashman




"U.S. court denies bid to reconsider stay of Arizona execution": Reuters has this report.

The Associated Press reports that "Arizona execution drug case heads to Supreme Court."

And at WSJ.com's "Law Blog," Jacob Gershman has a post titled "Judge Kozinski: Bring Back the Firing Squad."

You can access yesterday's order of the U.S. Court of Appeals for the Ninth Circuit denying en banc review, and the dissents therefrom, at this link.
Posted at 08:17 AM by Howard Bashman




"Arizona Seeks to Postpone Ruling on Drug-Induced Abortion": Bloomberg News has a report that begins, "Arizona is seeking to postpone a ruling that blocked its restrictions on drug-induced abortions while it appeals to the U.S. Supreme Court."

Update: The U.S. Court of Appeals for the Ninth Circuit has posted Arizona's stay motion at this link.
Posted at 08:12 AM by Howard Bashman




Monday, July 21, 2014

"Dan Markel 'intended victim' of fatal shooting": Sean Rossman of The Tallahassee Democrat has this report.

In Tuesday's edition of The New York Times, John Schwartz will have an article headlined "Police Seek Clues in Fatal Shooting of Widely Known Criminal Law Professor in Florida; Dan Markel's Death Reverberates Among Legal Scholars."

At "Above the Law," David Lat has a post titled "Professor Dan Markel: Some Personal Recollections."

And online at Jewish Journal, Abigail Shrier has written an obituary headlined "Dan Markel, legal scholar, dies at 41."
Posted at 11:58 PM by Howard Bashman




"Justice Kennedy says Constitution 'flawed document'": Bob Egelko of The San Francisco Chronicle has this blog post today.
Posted at 11:54 PM by Howard Bashman




"A Prominent Law Professor Is Shot At Home And Killed": David Lat has this post at "Above the Law."
Posted at 01:00 PM by Howard Bashman




"Canadian professor was killed in targeted attack, Florida police say": The Toronto Globe and Mail has a news update that begins, "A law professor originally from Toronto was killed in a targeted attack in his Florida home, police said Monday."

And The Tallahassee Democrat has a news update headlined "TPD Chief DeLeo calls Markel shooting a 'murder.'"
Posted at 12:07 PM by Howard Bashman




Confusing entrapment jury instruction leads majority on divided three-judge Second Circuit panel to order new trial on charges of transporting and shipping child pornography: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:15 AM by Howard Bashman




"A cucumber has characteristics similar to a zucchini but it is not, in fact, a zucchini." So observes the U.S. Court of Appeals for the Seventh Circuit today in an opinion ruling against an appeal brought by the American Bar Association's Retirement Funds.
Posted at 11:12 AM by Howard Bashman




Access online today's Order List of the U.S. Supreme Court: The Court has posted the Order List at this link.
Posted at 10:05 AM by Howard Bashman




"Governor seeking reconsideration of license ruling": The Associated Press has a report that begins, "Arizona Gov. Jan Brewer asked an appeals court Friday to reconsider its earlier ruling that blocked her policy denying driver's licenses to young immigrants who have avoided deportation under an Obama administration policy."

You can view Arizona's petition for rehearing or rehearing en banc at this link.
Posted at 08:07 AM by Howard Bashman




"Dan Markel's Meaningful Life Ends in Senseless Death; Law Professor Was Mensch in Every Sense of Word": Jay Michaelson has this essay in The Jewish Daily Forward.

And Bob Gabordi of The Tallahassee Democrat has an essay titled "TPD must learn trust, respect are two-way streets."
Posted at 08:02 AM by Howard Bashman




"Why experts see little hope for GOP plan to sue Obama over law's delay": David G. Savage of The Los Angeles Times has this report.
Posted at 07:56 AM by Howard Bashman




Sunday, July 20, 2014

"A Lifetime on California's Death Row": This editorial will appear in Monday's edition of The New York Times.

Online at The New York Times, Justin Wolfers has an essay titled "Life in Prison, With the Remote Possibility of Death."

And online recently at The Washington Post, law professor Charles J. Ogletree Jr. had an essay titled "The death penalty is incompatible with human dignity."
Posted at 10:42 PM by Howard Bashman




"Court Delays Execution Over Secrecy With Drugs": Erik Eckholm will have this article in Monday's edition of The New York Times.
Posted at 10:03 PM by Howard Bashman




"No leads on death of Canadian law professor killed in Tallahassee, Florida": The Toronto Globe and Mail has this news update.
Posted at 09:37 PM by Howard Bashman




"Justices' cellphone privacy ruling may have broad impact": Richard Wolf of USA Today has this report.
Posted at 09:30 PM by Howard Bashman




"Dan Markel's death, lack of information, frustrate neighbors": The Tallahassee Democrat has this news update.

And The Toronto Star has an updated article headlined "Toronto-born law professor Dan Markel gunned down at his Florida home; Tallahassee police have no suspects in the murder of the Florida State University professor, a father of two young boys."
Posted at 07:50 PM by Howard Bashman




"In U.S. gay marriage cases, children emerge in the limelight": Joan Biskupic of Reuters has this report today.
Posted at 11:04 AM by Howard Bashman




"WH not worried about Ginsburg chatter": Amie Parnes and Justin Sink of The Hill today have an article that begins, "The White House says it's not worried about a possible retirement by Ruth Bader Ginsburg or any other Supreme Court justice."
Posted at 09:40 AM by Howard Bashman




"Toronto-raised law professor shot dead in Florida; Dan Markel, father of two and law professor at Florida State University, was shot at his house in Tallahassee on Friday, according to media reports; He died Saturday": The Toronto Star has this report.
Posted at 08:42 AM by Howard Bashman




"John Seigenthaler's Search for Justice": Kenneth Jost has this post today at his blog, "Jost On Justice."
Posted at 08:37 AM by Howard Bashman




"Law firm in Hobby Lobby win is playing key role in religion cases": This article appears today in The Los Angeles Times.
Posted at 08:33 AM by Howard Bashman




Saturday, July 19, 2014

"Appeals court postpones Arizona man's execution": The Associated Press has this report.

And Michael Kiefer of The Arizona Republic has a news update headlined "Court: No execution unless Arizona reveals drug source."
Posted at 10:22 PM by Howard Bashman




"Appeals court eyes man's bid to delay execution": Yesterday, The Associated Press had a report that begins, "A federal appeals court on Friday began considering whether to grant a reprieve in the upcoming execution of an Arizona inmate after his lawyer sought information about the two-drug combination that will be used to put him to death."

More recently, this evening, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed the district court's denial of a preliminary injunction and held that the death row inmate was entitled to the information he is seeking. You can access the majority opinion at this link and the dissenting opinion at this link.
Posted at 07:20 PM by Howard Bashman




"FSU law professor dies in shooting": The Tallahassee Democrat has a news update that begins, "Dan Markel, a well-known Florida State law professor and author, died after being shot Friday, according to friends and the FSU law school."

On a personal note, Markel was a longtime valued friend of this blog who, while still in private practice, helped me to recruit one of the interviewees for this blog's "20 questions for the appellate judge" feature. His friendship will be missed, and I send my condolences to his family and many friends. Markel was a founder of "PrawfsBlawg," which notes his passing in this post.
Posted at 06:58 PM by Howard Bashman




"At Long Last, Justice for Ronnie White": This editorial appears today in The New York Times.
Posted at 11:08 AM by Howard Bashman




Friday, July 18, 2014

"Utah gets delay on same-sex marriages' legality": Lyle Denniston has this post at "SCOTUSblog."

Jessica Miller of The Salt Lake Tribune has a news update headlined "Supreme Court grants stay in Utah marriage recognition case."

Dennis Romboy of The Deseret News has an update headlined "Supreme Court issues stay in Utah gay marriage recognition case."

Adam Liptak of The New York Times has a news update headlined "Justices Say Utah Doesn't Have to Recognize Gay Marriages."

And Richard Wolf of USA Today reports that "Supreme Court keeps Utah same-sex marriages on ice."

You can access today's order of the U.S. Supreme Court at this link.
Posted at 06:05 PM by Howard Bashman




Among the documents released today by the William J. Clinton Presidential Library & Museum: PDF files described as "Supreme Court Nominations (Ginsburg/Breyer)" and "Judge Sonia Sotomayor."
Posted at 01:57 PM by Howard Bashman




Unanimous three-judge D.C. Circuit panel affirms rejection of lawsuit against Pentagon leaders for allowing a hostile climate toward sexual assault victims and retaliating against those who reported such abuses: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

C-SPAN has posted the audio of the appellate oral argument at this link.
Posted at 01:32 PM by Howard Bashman




"A weak opinion striking down California's death penalty": Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 01:22 PM by Howard Bashman




"Stanford Losses Not Covered by SIPC, Appeals Court Rules": Bloomberg News has this report.

Reuters has a report headlined "Stanford's Ponzi victims cannot file compensation claims: U.S. court."

And The Wall Street Journal has a news update headlined "SEC Loses Lawsuit Against Brokerage Insurance Fund SIPC; SEC Sought to Force Payments to Victims of Stanford Ponzi Scheme." You can freely access the full text of the article via Google.

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:17 PM by Howard Bashman




"Gov. says Utah will comply with law if Sotomayor doesn't grant stay; Both sides in same-sex marriage recognition case await word from Supreme Court": Dennis Romboy of The Deseret News has this update.
Posted at 12:57 PM by Howard Bashman




"Court rules for gay marriage in Oklahoma case": The Associated Press has a report that begins, "A federal appeals court on Friday ruled Oklahoma must allow gay couples to wed, marking the second time it has found the U.S. Constitution protects same-sex marriage."

Chris Casteel of The Oklahoman has a news update headlined "Federal appeals court confirms Oklahoma ban on same-sex marriage unconstitutional; Court puts same-sex marriages on hold in Oklahoma until U.S. Supreme Court decides whether to hear appeal in Utah or Oklahoma cases."

The Tulsa World has a news update headlined "Oklahoma's ban on gay marriage unconstitutional, federal appeals court rules."

And Richard Wolf of USA Today reports that "Appeals court strikes down Oklahoma gay marriage ban."

You can access today's 2-to-1 ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.

Circuit Judge Jerome A. Holmes issued a 27-page concurring opinion that "endeavors to clarify the relationship between animus doctrine and same-sex marriage laws and to explain why the district court made the correct decision in declining to rely upon the animus doctrine" in striking down Oklahoma's same-sex marriage ban.

Update: In other coverage, at "SCOTUSblog," Lyle Denniston has a post titled "Appeals court nullifies another same-sex marriage ban."
Posted at 11:44 AM by Howard Bashman




"Judge drops baggy pants citation; District Judge Wayne Maura shouldn't have fined Alburtis teen for droopy drawers, Lehigh County judge rules": This front page article appears today in The Morning Call of Allentown, Pennsylvania.

And The Express-Times of Easton, Pennsylvania reports that "Contempt charge over sagging pants in courtroom dismissed by judge."
Posted at 10:51 AM by Howard Bashman




"Court: Nebraska child porn decision constitutional." The Associated Press has a report that begins, "A federal appeals court ruled Thursday that a Nebraska man convicted of distributing child pornography when he sent a photo showing the head of an 11-year-old girl on the nude body of an adult woman did not have his free speech rights violated."

My earlier coverage of yesterday's Eighth Circuit ruling appears at this link.
Posted at 10:25 AM by Howard Bashman




"Georgia Judge Julie Carnes set up for Senate confirmation Monday": The Atlanta Journal-Constitution has an article that begins, "Judge Julie Carnes cleared a U.S. Senate procedural vote Thursday, setting up a confirmation vote Monday to fill a long-vacant seat on the 11th Circuit Court of Appeals in Atlanta."
Posted at 10:21 AM by Howard Bashman




"Biggest 'patent troll' slapped down hard by appeals court; Dozens of companies were sued over an old Polaroid digital imaging patent": Joe Mullin of Ars Technica has this report.
Posted at 10:18 AM by Howard Bashman




"Gay Marriage Stirs Backlash as Businesses Assert Religion": Greg Stohr of Bloomberg News has this report today.
Posted at 10:16 AM by Howard Bashman




"Newport Beach seeks Supreme Court ruling on sober-living homes; Dispute began in 2008, when city began regulating who could open up sites for recovering addicts": Lauren Steussy has this article in today's edition of The Orange County Register.
Posted at 08:40 AM by Howard Bashman




Thursday, July 17, 2014

"John Seigenthaler: 'Cherished Friend' of Judges and Journalists." The Administrative Office of the U.S. Courts issued this news release today.
Posted at 08:53 PM by Howard Bashman




"Should judge follow his own advice to 'STFU'; Federal jurist ruffles some feathers of colleagues, but his honesty is refreshing": Tony Mauro has this op-ed online at USA Today.
Posted at 08:50 PM by Howard Bashman




"This ruling should worry every software patent owner": Online today at Vox, Timothy B. Lee has a post that begins, "On Friday we got our first taste of the practical consequences of last month's landmark decision from the Supreme Court restricting patents on software."
Posted at 01:32 PM by Howard Bashman




Applying strict scrutiny, the Eighth Circuit rejects as-applied First Amendment challenge to federal statute making it a crime to morph the face of a child onto a pornographic image depicting adults: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 01:25 PM by Howard Bashman




"Racial Preference Rewind: UT and the Fifth Circuit show what they think of Justice Kennedy's ruling." This editorial appears in today's edition of The Wall Street Journal. You can freely access the full text of the editorial via Google.

And at The Huffington Post, law professor Scott D. Gerber has a blog entry titled "5th Circuit Thumbs Its Nose at U.S. Supreme Court in Racial Preferences Case."
Posted at 10:28 AM by Howard Bashman




"Hobby Lobby's harvest: A religious exemption for LGBT discrimination?" Business columnist Michael Hiltzik of The Los Angeles Times has this essay.
Posted at 10:22 AM by Howard Bashman




"Federal judge's ruling on California death penalty stuns experts": Maura Dolan and Victoria Kim of The Los Angeles Times have this report.

In today's edition of The New York Times, Erik Eckholm and John Schwartz have an article headlined "California Death Penalty System Is Unconstitutional, Federal Judge Rules."

And online at The Week, Andrew Cohen has an essay titled "The troubling lessons of California's death penalty ruling: To truly ensure justice in America's largest state, the government will have to spend a fortune; And it most certainly won't."
Posted at 10:20 AM by Howard Bashman




"Supreme Court ruling on prayer at board meetings still reverberates": The Los Angeles Times has this report.
Posted at 08:51 AM by Howard Bashman




"Affirmative action could be headed back to the Supreme Court": Adam Serwer of msnbc.com has this report.
Posted at 08:50 AM by Howard Bashman




"What's really behind the suit to overturn California's foie gras ban?" The Los Angeles Times has this report.
Posted at 08:46 AM by Howard Bashman




Wednesday, July 16, 2014

"Democratic bid to reverse Hobby Lobby fails": Politico.com has this report.

And The Associated Press reports that "Dems seek gains with women in birth control loss."
Posted at 11:42 PM by Howard Bashman




"'Sherlock Holmes' goes to the Supreme Court for a case of copyright": Bill Mears of CNN.com has this report.

And yesterday at "SCOTUSblog," Lyle Denniston has a post titled "Sherlock Holmes and the mystery of copyright."
Posted at 11:30 PM by Howard Bashman




"Utah asks U.S. Supreme Court for urgent intervention to halt same-sex-marriage recognition": Marissa Lang of The Salt Lake Tribune has this news update.

And Dennis Romboy of The Deseret News has an update headlined "Utah asks U.S. Supreme Court for stay in gay marriage recognition case."

You can view the stay request, addressed to Circuit Justice Sonia Sotomayor, at this link.

Update: In other coverage, at "SCOTUSblog," Lyle Denniston has a post titled "Utah challenges 'interim' same-sex marriages."
Posted at 08:26 PM by Howard Bashman




"Blagojevich files new argument in appeal": The Associated Press has this report.
Posted at 06:17 PM by Howard Bashman




"After small crash, a long, costly court battle": Craig R. McCoy had this article earlier this week in The Philadelphia Inquirer.
Posted at 04:32 PM by Howard Bashman




"Guantanamo judge's secret order on secret motion is so secret defense lawyers can't see it; Only the prosecutors know what the war court judge has ordered, but they won't discuss it because it's a secret": Carol Rosenberg of The Miami Herald has this report.
Posted at 04:17 PM by Howard Bashman




"Federal judge rules California death penalty is unconstitutional": Maura Dolan of The Los Angeles Times has this news update.

Bob Egelko of The San Francisco Chronicle has a news update headlined "Federal judge rules California's death penalty unconstitutional."

And The Associated Press reports that "US judge rules against California death penalty."

You can access today's ruling of the U.S. District Court for the Central District of California at this link.
Posted at 03:55 PM by Howard Bashman




"Senate confirms St. Louis' Ronnie White as federal judge": The St. Louis Post-Dispatch has a news update that begins, "In a near party-line vote, the Senate today confirmed Ronnie White as a U.S. District Court judge in Missouri. The vote was 53-44."

According to the article, "White's confirmation comes 15 years after his first nomination to the judgeship by then-President Bill Clinton was defeated by nine votes in the Senate in 1999."

You can access today's official U.S. Senate roll call vote tally at this link.
Posted at 03:50 PM by Howard Bashman




"Family That Owns Hobby Lobby Plans Bible Museum in Washington": The New York Times has this news update.
Posted at 01:50 PM by Howard Bashman




"Separate and Unequal: Frontline examines what's behind the growing racial divide in American schools." You can view the video of yesterday's broadcast of the PBS program "Frontline" at this link.
Posted at 01:42 PM by Howard Bashman




"Gov't to release more Clinton White House records": The Associated Press has a report that begins, "The National Archives said Wednesday it will release previously restricted records from the Clinton White House on Supreme Court nominations, Osama bin Laden and Vice President Al Gore's 2000 presidential campaign."

According to the article, "The latest batch of memos and papers will cover a number of topics, including the Supreme Court nominations of Justices Ruth Bader Ginsburg and Stephen Breyer along with papers related to Justice Sonia Sotomayor, who was nominated by then-President Bill Clinton to the U.S. Court of Appeals in 1997." The papers are scheduled for release on Friday.
Posted at 10:35 AM by Howard Bashman




"The Hobby Lobby Decision and Its Distortions: Nothing in the Supreme Court's recent ruling denies women access to birth control." U.S. Senators Kelly Ayotte (R-NH) and Deb Fischer (R-NE) have this op-ed in today's edition of The Wall Street Journal.

You can freely access the full text of the op-ed via Google.
Posted at 10:32 AM by Howard Bashman




"Little Sisterhood at Supreme Court; The Brethren Use 'Brother,' but Almost Never 'Sister,' for Opposing Counsel": Jess Bravin has this article today in The Wall Street Journal.
Posted at 10:27 AM by Howard Bashman




"Appeals Panel Upholds Race in Admissions for University": Tamar Lewin has this article today in The New York Times.

Warren Richey of The Christian Science Monitor has an article headlined "University of Texas can use race as factor in admission, court rules."

And today's edition of The Dallas Morning News contains a front page article headlined "University of Texas upheld on considering race in admissions."

My earlier coverage of yesterday's Fifth Circuit ruling appears here and here.
Posted at 08:56 AM by Howard Bashman




"Roberts Turns Supreme Court Into Friendliest Bar in Washington; Taking Cues From Chief, Justices Call Lawyers 'Friends,' Not Opponents": Jess Bravin and Theo Francis have this front page article in today's edition of The Wall Street Journal.
Posted at 08:51 AM by Howard Bashman




Tuesday, July 15, 2014

"Unanimity and Disagreement on the Supreme Court": Law professor Cass R. Sunstein posted this article online at SSRN yesterday.
Posted at 11:11 PM by Howard Bashman




"Navy nurse refuses to force-feed Guantanamo captive; Detainee's lawyer says her client described the Navy medical officer's refusal as an act of conscientious objection": Carol Rosenberg of The Miami Herald has this report.
Posted at 10:55 PM by Howard Bashman




"Roberts Court Still Friendly to Business": Kenneth Jost has this post at his blog "Jost On Justice."
Posted at 10:54 PM by Howard Bashman




"Kozinski amends opinion in 9th Circuit 'Innocence' case v. Google": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 09:38 PM by Howard Bashman




"Book Review: 'Six Amendments' by John Paul Stevens; Justice Stevens argues that we need six new amendments; Among them: ending the death penalty and taking away the right to bear arms." Law professor Steven G. Calabresi has this book review in today's edition of The Wall Street Journal.

You can freely access the full text of the book review via Google.
Posted at 09:32 PM by Howard Bashman




"Our work would be much quicker, easier and happier if Judge Wilson, Judge Tjoflat and I all agreed on how the law applies to this case -- and every other case, for that matter." A concurring opinion that Eleventh Circuit Judge Beverly B. Martin issued today in a death penalty case contains the following passage:
I write separately because I feel I must respond to the dissenting opinion, and specifically Judge Tjoflat's repeated statements that Judge Wilson and I "invent[ed] some facts," "embellish[ed] the record," exhibited a "lackadaisical relationship with the evidence," and "disregard[ed] AEDPA" in deciding this case. [citations omitted] Judge Tjoflat is a nationally known and admired judge who has served as a member of the federal judiciary since 1970, and as a judge for the State of Florida before that. He is not only admired nationally, he is also admired by Judge Wilson and me. Our work would be much quicker, easier and happier if Judge Wilson, Judge Tjoflat and I all agreed on how the law applies to this case -- and every other case, for that matter. But if we do our jobs properly, it is inevitable that we will have disagreements. And we disagree here. That being the case, it is incumbent upon each of us, as a part of this difficult process, to lay out how we understand the law to apply to the specifics of Mr. DeBruce's case. Each of us has honestly assessed this case to the best of our ability, and the opposing views expressed in our respective opinions were reached through a sincere effort to properly perform the role required of us as judges of this Court.
My "20 questions for the appellate judge" interview with Eleventh Circuit Judge Gerald Bard Tjoflat, from August 2003, can be accessed here. Judge Tjoflat became a U.S. Circuit Judge in November 1975 and remains in active service.
Posted at 09:22 PM by Howard Bashman




"Atheist gives 'historic' invocation in Greece": The Rochester (N.Y.) Democrat & Chronicle has this news update.
Posted at 09:02 PM by Howard Bashman




"American Bar Association urges against file sharing lawsuits; Lawyers' group says suing consumers may cause 'a public relations problem'": David Kravets of Ars Technica has this report.
Posted at 08:03 PM by Howard Bashman




"Appeals court upholds UT admissions policy": The Houston Chronicle has this news update.

The Texas Tribune has a report headlined "Appeals Court: UT-Austin May Use Race in Admissions."

The Daily Texan has a news update headlined "Appeals court rules in favor of UT's admissions policy in Fisher case."

The Los Angeles Times has a news update headlined "University of Texas can use race as factor in admissions, court rules."

Nathan Koppel of The Wall Street Journal has a news update headlined "Court Upholds University of Texas Admissions Program; Race Is Used as a Factor in Admissions to Promote Campus Diversity." You can freely access the full text of the article via Google.

The Associated Press has a report headlined "Appeals court: Texas can use race in admissions."

Andrew Harris and Greg Stohr of Bloomberg News report that "University of Texas Race-Aware Admissions Upheld by Court."

Jonathan Stempel and Jon Herskovitz of Reuters report that "Court upholds University of Texas affirmative action plan."

Allie Grasgreen of Politico.com reports that "Appeals court upholds affirmative action in Fisher v. Texas."

At "SCOTUSblog," Lyle Denniston has a post titled "Fisher challenge on race rejected again."

At the "School Law" blog of Education Week, Mark Walsh has a post titled "Appeals Court Again Upholds Race in Admissions at University of Texas-Austin."

And at Forbes.com, Daniel Fisher has a post titled "Fisher Vs. Texas Dismissed Again; Is It Headed Back To Supreme Court?"

My earlier coverage of today's Fifth Circuit ruling appears in the post immediately below.
Posted at 07:54 PM by Howard Bashman




"UT may use race in admission, appeals court rules": Chuck Lindell of The Austin American-Statesman has a news update that begins, "The University of Texas may continue considering race for undergraduate admissions, a divided federal appeals court panel ruled Tuesday."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 04:32 PM by Howard Bashman




"Unidentified marshal cleared as FBI closes investigation of fatal courtroom shooting": This article appears today in The Deseret News.

Today's edition of The Salt Lake Tribune reports that "Marshal cleared in fatal courthouse shooting."

And The Associated Press reports that "No charges for marshal in Utah courtroom shooting."
Posted at 04:20 PM by Howard Bashman




"Appeals Court Faults Government Order Prohibiting Ralls Corp. Wind Farm Deal; CFIUS Had Barred Transaction on National Security Grounds": William Mauldin and Brent Kendall of The Wall Street Journal have this news update. You can freely access the full text of the article via Google.

Bloomberg News reports that "Chinese-Owned Firm Can Question U.S. on Project Denial."

And Reuters reports that "U.S. court sides with Chinese firm in dispute with Obama."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 12:21 PM by Howard Bashman




"Dish Anywhere streaming stays alive, despite Fox's win over Aereo; Appellate court denies Fox's request to impose a preliminary injunction": Cyrus Farivar of Ars Technica has this report.

At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Fox Loses Latest Bid to Halt Dish's Place-Shifting Technology; The 9th Circuit affirms a district judge's conclusion that Fox hasn't demonstrated irreparable harm."

Variety reports that "Appeals Court Hands Dish Another Victory in Fox Fight."

At Gigaom, Jeff John Roberts has a post titled "Dish can keep streaming TV anywhere after Fox's Aereo argument fails."

And Gizmodo reports that "The Supreme Court's Aereo Decision Won't Screw Up Dish (Yet)."

You can access yesterday's non-precedential ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:38 AM by Howard Bashman




"Noel Canning: A Triumph of Judicial Restraint Over Originalism." Richard Samp has this post at "The Legal Pulse" blog of the Washington Legal Foundation.
Posted at 09:51 AM by Howard Bashman




"Decades to justice for Florida man on death row for 1985 murder": Reuters has this report.
Posted at 09:48 AM by Howard Bashman




"Supreme Court Ruling on Public Invocations Gives Atheists a Prayer; Nonbelievers' Public Invocations Praised; Next Up, Pastafarians": Joe Palazzolo has this front page article in today's edition of The Wall Street Journal.
Posted at 08:42 AM by Howard Bashman




"A Federal Appeals Court Sidesteps How to Prosecute Detainees": Charlie Savage has this article in today's edition of The New York Times.

Timothy M. Phelps of The Los Angeles Times reports that "Court tosses two convictions against former Bin Laden aide."

Michael Doyle of McClatchy Washington Bureau reports that "Appeals court vacates two convictions of bin Laden aide."

And Reuters reports that "U.S. court partly overturns Guantanamo conviction of al Qaeda publicist."

Meanwhile, in related coverage, The Sydney Morning Herald reports that "David Hicks a step closer to clearing his name."

And The Guardian (UK) reports that "David Hicks a step closer to having war criminal conviction quashed; US court finds Australian who spent six years at Guantanamo Bay pleaded guilty to an offence that is not a war crime."

My earlier coverage of yesterday's en banc D.C. Circuit ruling appears at this link.
Posted at 08:30 AM by Howard Bashman




"Iowa Supreme Court Says PLIVA May Be Liable For Not Updating Generic Drug Label": Mealey's PI/Product Liability has this report (subscription required for full access).

And Law360.com reports that "Iowa High Court Spares Wyeth From Generics Injury Claims" (subscription required for full access).

You can access Friday's ruling of the Supreme Court of Iowa at this link.
Posted at 08:16 AM by Howard Bashman




Monday, July 14, 2014

"Marvel Urges Supreme Court to Deny Review of Superhero Rights Dispute; Contrary to arguments made by Jack Kirby's heirs, former top IP officials and Hollywood guilds, the Disney subsidiary says this dispute over what's a work-made-for-hire is a 'poor and atypical vehicle' for examination": Eriq Gardner has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 10:24 PM by Howard Bashman




"Ex-Goldman director Rajat Gupta fails to void conviction": Jonathan Stempel of Reuters has this report.
Posted at 10:22 PM by Howard Bashman




"Appeals court upholds tossing of Asian carp suit": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 10:20 PM by Howard Bashman




"Supreme Court stay in Utah marriage recognition case not automatic": Dennis Romboy of The Deseret News has this update.
Posted at 09:02 PM by Howard Bashman




"Court KOs New Jersey bid to block ocean blasting": The Associated Press has a report that begins, "A federal appeals court on Monday cleared the path for seismic testing off the coast of New Jersey that will blast the floor of the Atlantic Ocean with loud noises as part of a climate change research project."
Posted at 09:00 PM by Howard Bashman




"Court revives suit over Texas Confederate flag dispute": The Associated Press has this report.

And The Dallas Morning News has a blog post titled "Appeals court rules in favor of Confederate flag license plate."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 08:56 PM by Howard Bashman




"Dahlia Lithwick: Talk Radio Has Ruined the Supreme Court." You can access the transcript of this segment from today's broadcast of The Rush Limbaugh Show at this link.
Posted at 08:45 PM by Howard Bashman




"Americans' Approval of the Supreme Court Remains Divided; Approval among Republicans up 21 percentage points from 2013": Gallup issued this news release today.
Posted at 08:32 PM by Howard Bashman




"4th Annual Supreme Court Term in Review": UC Irvine Law School has posted the video of last Thursday's event online at this link (via YouTube).

In earlier coverage of the event, The Orange County Register reported that "UCI panel weighs in on Supreme Court decisions."
Posted at 08:20 PM by Howard Bashman




"Supreme Court is asked to review Calif. ban on force-feeding birds": Michael Doyle of McClatchy Washington Bureau has this report today.
Posted at 06:17 PM by Howard Bashman




"The judgment is reversed, and the case is remanded with instructions to issue an injunction allowing certified secular humanist celebrants to solemnize marriages in Indiana -- to do this with legal effect, and without risk of criminal penalties." So concludes an opinion that Circuit 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 01:05 PM by Howard Bashman




"Court split on challenges from Al Qaeda PR chief": Josh Gerstein of Politico.com has a blog post that begins, "A federal appeals court has rejected a former Al Qaeda media chief's challenge to his military commission conviction for conspiracy, while tossing out his convictions for material support for terrorism and soliciting."

And at the "Just Security" blog, Steve Vladeck has a post titled "A Quick and Dirty Summary of -- and Reaction to -- the Al-Bahlul Decision."

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

Update: In other coverage, Lyle Denniston of "SCOTUSblog" has a post titled "Sweeping new ruling on war crimes courts."

Bloomberg News reports that "Bin Laden Media Aide Wins Reversal of Terror Convictions."

And Pete Yost of The Associated Press reports that "Court issues partial win to bin Laden assistant."
Posted at 11:44 AM by Howard Bashman




"The Sex Amendment: How women got in on the Civil Rights Act." Louis Menand has this "A Critic at Large" essay in the July 21, 2014 issue of The New Yorker.
Posted at 10:21 AM by Howard Bashman




"Supreme Court Shows Restraint in Voting to Overrule Precedents": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:18 AM by Howard Bashman




Sunday, July 13, 2014

"Discrimination is Un-Christian, Too": At the "Opinionator" blog of The New York Times, Kathryn Pogin has a post that begins, "Much to the chagrin of women's rights advocates, Hobby Lobby has won its legal battle -- but claims of 'victory' for religious freedom must be emended."
Posted at 11:44 PM by Howard Bashman




"Lawsuit over Kansas gun law recalls Brown v. Board aftermath": The Associated Press has this report.
Posted at 11:42 PM by Howard Bashman




"Is Evangelical Morality Still Acceptable in America? People who disagree with same-sex marriage and birth-control use have been met with accusations of bigotry; Are some Christians being unfairly shamed out of the public sphere?" Alan Noble has this essay online today at The Atlantic.
Posted at 11:40 PM by Howard Bashman




"Workload threatens to paralyze labor board": The Hill today has a report that begins, "The National Labor Relations Board has identified scores of decisions that must be revisited in the wake of last month's Supreme Court finding that President Obama appointed members to the board in violation of the Constitution."
Posted at 11:28 PM by Howard Bashman




"Full Show: Is the Supreme Court Out of Order?" You can watch the video of the most recent broadcast of "Moyers & Company" -- featuring New York Times columnist Linda Greenhouse and Slate's Dahlia Lithwick -- via this link.

You can also view bonus video footage via this link.
Posted at 11:14 PM by Howard Bashman




"Remembering my day with John Seigenthaler": Yesterday at his "Hercules and the Umpire" blog, Senior U.S. District Judge Richard G. Kopf had a post that begins, "What is the motivation for my blog and my Jihad for judicial transparency?"
Posted at 10:52 PM by Howard Bashman




"How Ruth Bader Ginsburg Became the Most Popular Woman on the Internet: Web culture's revolutionary celebration of powerful female leaders." Rebecca Traister has this essay online at The New Republic.
Posted at 08:30 PM by Howard Bashman




"Colorado Attorney General John Suthers takes fire over gay marriage": Jon Murray and Jordan Steffen have this front page article in today's edition of The Denver Post.
Posted at 08:25 PM by Howard Bashman



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