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Saturday, August 23, 2014

Programming note: New posts will appear here either on Monday night or Tuesday morning. In the interim, appellate-related retweets may appear at the "How Appealing" Twitter feed.
Posted at 07:32 AM by Howard Bashman




Friday, August 22, 2014

"Administration Proposes New Health Rules Addressing Religious Objections": In Saturday's edition of The New York Times, Michael D. Shear will have an article that begins, "The Obama administration on Friday proposed new regulations intended to address the religious objections that some nonprofit organizations and private companies have to providing contraceptive coverage for their employees."

And The Los Angeles Times reports that "White House revises birth control rule to accommodate religious groups."
Posted at 11:34 PM by Howard Bashman




How to comment on the proposed amendments to the Federal Rules of Appellate Procedure: If you wish to offer an on-the-record comment in response to the pending proposed amendments to the Federal Rules of Appellate Procedure -- which include a proposal to reduce the maximum word count of a principal appellate brief from 14,000 words to 12,500 words -- you can submit your comment to the advisory committee via this link.

As of this moment, the only comment received appears to be from Senior Second Circuit Judge Jon O. Newman.

Thus far, in response to my original post on this subject, I have received only off-the record responses. Those responses can be summarized as follows: (1) this change should be welcomed by the most experienced and talented appellate practitioners, because a shorter maximum word count will benefit them the most; and (2) judges are of the view that in far too many cases the appellate briefs being submitted are far too long, and this rule is meant to remedy that problem somewhat.
Posted at 10:18 PM by Howard Bashman




"BlackBerry Ltd did not infringe on Mformation Technologies patents, appeals court rules": Financial Post has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 10:03 PM by Howard Bashman




"U.S. court revives suit over Sturm coffee pod 'knockoffs'": Reuters has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 10:00 PM by Howard Bashman




"As semester begins, Markel's colleagues seek closure": Doug Blackburn has this article today in The Tallahassee Democrat.
Posted at 09:42 AM by Howard Bashman




"Reading the Court's signals on same-sex marriage": Lyle Denniston has this post at "SCOTUSblog."
Posted at 07:55 AM by Howard Bashman




"Justice Ginsburg Laments 'Real Racial Problem' in U.S.; Discusses major rulings, law schools in sweeping Q&A": Marcia Coyle has this article online today at The National Law Journal.
Posted at 07:54 AM by Howard Bashman




Thursday, August 21, 2014

"Lessons from Tennessee Supreme Court retention election": Law professor Brian T. Fitzpatrick has this op-ed today in The Tennessean.
Posted at 11:00 PM by Howard Bashman




"GOP's Supreme Court candidate defies ban on campaigning at State Fair booth": The Associated Press has this report from Minnesota.
Posted at 10:52 PM by Howard Bashman




"Obamacare challengers to D.C. Circuit: Let Supreme Court decide where subsidies should flow." Tom Howell Jr. of The Washington Times has this report.
Posted at 10:50 PM by Howard Bashman




"Bashman Post on Word Limit Reduction Proposal": David R. Cleveland has this post today at the "Appellate Advocacy Blog."

My post from last night on the new proposed amendment to reduce the maximum word count for federal appellate briefs by more than 10 percent can be accessed here.
Posted at 10:44 PM by Howard Bashman




"As Gensler sees it, the auteur approach to filmmaking is legally impermissible in the architectural business." Circuit Judge Frank H. Easterbrook issued this very interested opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 10:36 PM by Howard Bashman




"The Twilight of Antonin Scalia: The conservative hero's fiery 2012 dissent on same-sex marriage could be his most influential opinion -- but not in the way he intended." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 08:23 PM by Howard Bashman




"Court unsealing 2 dozen documents in Doe probe of campaign": Patrick Marley and Dana Ferguson of The Milwaukee Journal Sentinel have this news update.

And The Associated Press reports that "Court to unseal some files in probe of Gov. Walker."
Posted at 08:07 PM by Howard Bashman




"California AG Kamala Harris to appeal ruling against death penalty": Maura Dolan of The Los Angeles Times has this news update.

The Sacramento Bee has a news update headlined "Kamala Harris will appeal death penalty ruling."

And The Associated Press reports that "California to appeal ruling tossing death penalty."
Posted at 08:03 PM by Howard Bashman




"Superior Court upholds Joan Orie Melvin conviction": Paula Reed Ward of The Pittsburgh Post-Gazette has this news update.

Adam Brandolph of The Pittsburgh Tribune-Review has a news update headlined "State Superior Court upholds conviction, sentence of former Justice Melvin."

And The Associated Press reports that "Ex-judge must say she's sorry, just not in cuffs."

You can access today's ruling of the Superior Court of Pennsylvania at this link.
Posted at 04:28 PM by Howard Bashman




"Supreme Court case to shape Ferguson investigation": The Associated Press has this report.
Posted at 04:05 PM by Howard Bashman




Not 'it': Ninth Circuit holds that 'tag' jurisdiction doesn't apply to a corporate defendant. Fans of civil procedure and personal jurisdiction issues are likely to enjoy reading a decision that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:37 PM by Howard Bashman




"Chief Judge Kozinski's 'Serious Doubts' About Judge Bates's FISA Reform Letters": Steve Vladeck has this post today at the "Just Security" blog. You can view the letter from the Ninth Circuit's chief judge at this link.
Posted at 09:33 AM by Howard Bashman




Wednesday, August 20, 2014

"U.S. effort to protect bald eagle suffers legal setback": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued today.
Posted at 11:28 PM by Howard Bashman




Microsoft Word doesn't like "caselaw," but Bryan Garner does: Spell-check can be a wonderful thing, but should attorneys give-in to that program's belief that "caselaw" isn't a word? In some recent appellate briefs, I have been using the two-word version to avoid the red underlining that Microsoft Word confers on my preferred single-word approach.

Tonight I decided to consult the views of legal writing guru Bryan A. Garner on this question via Google search. The answer from Garner seems to be that "caselaw" is just fine.
Posted at 10:40 PM by Howard Bashman




Proposal to shorten the maximum length of principal briefs filed in the U.S. Courts of Appeals from 14,000 words to 12,500 words: You can read the proposed amendment and accompanying commentary at this link. Apparently the current 14,000-word limit was based on a mistake concerning how many words fit onto a page. This proposed amendment likely will provoke an outcry from those who believe the current 14,000-word limit is too small -- which undoubtedly it is in some cases.

The notice soliciting comments states that "All Written Comments are Due by February 17, 2015." (Via "BeSpacific.")

Readers who favor or disfavor this amendment are invited to send comments for publication here at "How Appealing." Please identify whether I may publish your name with your comment. I am in the process of formulating my views on the matter.

Update: Mathematically, the proposed new 12,500-word limit on principal briefs represents 89.3 percent of the current 14,000-word limit. Thus, if you currently reach the word count maximum at around 66 pages (which I typically do when using either 14-point Century Schoolbook or Book Antiqua font), then under the new rule you would reach the maximum word count at around 60 pages. That could be the difference between being able to include an additional argument or being able to adequately develop all existing arguments in a brief consisting of more than just a few arguments.

On the other hand, there certainly are those lawyers, and even some law firms, who can't stop writing until the word count is reached, whether or not the case justifies such extended treatment. In at least those instances, the new word count will certainly be appreciated by those of us on the other side of the case.

It would be interesting to hear from appellate judges whether the current word count is too long and whether shortening the word count by approximately 11 percent would make an appreciable difference to their workloads and ability to give important cases the attention they deserve. My guess is that judges have their own mechanism for coping with verbose briefs that typically consists of paying less attention and that this small reduction in maximum brief size won't make any difference in that regard.
Posted at 10:09 PM by Howard Bashman




"When Do Doctors Have the Right to Speak?" The New York Times today has posted online these Room for Debate essays.
Posted at 09:32 PM by Howard Bashman




"SeaWorld drops appeal in safety ruling over dead orca trainer": Reuters has this report.
Posted at 09:15 PM by Howard Bashman




"By Any Means Necessary": Linda Greenhouse has this essay online at The New York Times.
Posted at 09:12 PM by Howard Bashman




Pa. Supreme Court grants review to decide two important but unresolved questions pertaining to medical malpractice litigation: Question one involves the scope of a hospital's liability under the ostensible agency doctrine, while question two involves whether a nurse may deliver expert testimony on behalf of the plaintiff against a defendant nurse in a case in which physicians remain as co-defendants.

You can access at this link the Petition for Allowance of Appeal that I filed in early March 2014 on behalf of the plaintiff in this case requesting Pa. Supreme Court review. And today's order of Pennsylvania's highest court granting review on both questions presented can be accessed here.
Posted at 09:02 PM by Howard Bashman




"Supreme Court puts hold on same-sex marriages in Virginia": The Richmond Times-Dispatch has this news update.

Robert Barnes of The Washington Post has a news update headlined "Virginia same-sex marriage ruling is placed on hold."

And Timothy M. Phelps of The Los Angeles Times has a news update headlined "Supreme Court blocks gay marriages from starting in Virginia."

You can access today's order of the U.S. Supreme Court at this link.
Posted at 08:26 PM by Howard Bashman




"A New Type of Amicus Brief: No Clients, No Side Taken": Tom Goldstein is the focus of Tony Mauro's new Supreme Court Brief. You can freely access the full text of the article via Google News.

Update: The amicus brief is available online at this link.
Posted at 05:54 PM by Howard Bashman




"Arrested US judge embarrassed, entering treatment": The Associated Press has this report.
Posted at 03:00 PM by Howard Bashman




After nearly 20 years of litigation, Ninth Circuit rejects Hare Krishna's First Amendment challenge to the Los Angeles International Airport's regulation banning the continuous or repetitive solicitation of funds: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:42 PM by Howard Bashman




"The Crooked and the Dead: Does the Constitution protect corruption?" Jill Lepore has this article in the August 25, 2014 issue of The New Yorker.
Posted at 01:20 PM by Howard Bashman




"Ginsburg and Alito to Speak at New-York Historical Society": This post appeared yesterday at the "ArtsBeat" blog of The New York Times.
Posted at 11:23 AM by Howard Bashman




"The much-discussed Ryan v. Hurles returns, expanded": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 08:50 AM by Howard Bashman




Tuesday, August 19, 2014

"State Supreme Court declares fine against casino employee unconstitutional": Adam Brandolph of The Pittsburgh Tribune-Review has a news update that begins, "The Pennsylvania Supreme Court on Tuesday called a $75,000 fine that an Allegheny County judge dealt to a former Rivers Casino poker dealer 'unconstitutionally excessive,' considering he stole $200 in poker chips, and sent the case back for an 'appropriate fine.'"

You can access today's unanimous ruling of the Supreme Court of Pennsylvania at this link.
Posted at 11:15 PM by Howard Bashman




"Louisiana Supreme Court settles Justice Department inquiry into attorney admissions": The Times-Picayune of New Orleans has this report.
Posted at 11:11 PM by Howard Bashman




"McCrory appoints Mark Martin chief justice of NC Supreme Court": The News & Observer of Raleigh, North Carolina has this report.
Posted at 11:08 PM by Howard Bashman




"Utah poll: Most oppose gay marriage, think Supreme Court will legalize it; Most Utahns oppose it but believe Supreme Court will reject the state's arguments." Matt Canham of The Salt Lake Tribune has this report.
Posted at 11:07 PM by Howard Bashman




"Federal appeals court adds Wisconsin voter ID hearing": Patrick Marley of The Milwaukee Journal Sentinel has this news update.
Posted at 10:52 PM by Howard Bashman




"U.S. court sides with Philly cops fighting ban on political contributions": NewsWorks has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.
Posted at 01:55 PM by Howard Bashman




"Utah asks for more time to file in same-sex marriage benefits case": Jessica Miller has this article today in The Salt Lake Tribune.

And in today's edition of The Deseret News, Emiley Morgan has an article headlined "State asks for more time to file appeal in gay marriage recognition case."
Posted at 01:50 PM by Howard Bashman




"The Politics of Judging and the Judging of Politics": Certain content available online from law.com now appears to be freely accessible via Google News. Last Tuesday, The Legal Intelligencer published this new installment of my monthly "Upon Further Review" column. You can freely access the essay via Google News.
Posted at 01:42 PM by Howard Bashman




"Breyer's Two Decades as the 'Cold-Fish' Justice": Kenneth Jost has this post at his blog, "Jost On Justice."
Posted at 11:11 AM by Howard Bashman




"To Kill or Not to Kill All the Lawyers? That Is the Question; Attorneys Object to Interpretation of Shakespeare's Line; 'Not a Slur.'" Jacob Gershman of The Wall Street Journal has this report.
Posted at 11:09 AM by Howard Bashman




"A plea to leave fate of health care subsidies to the Court": Lyle Denniston had this post yesterday at "SCOTUSblog."

"Josh Blackman's Blog" has a post titled "Opposition to En Banc Review in Halbig."

On Sunday at the "Balkinization" blog, Rob Weiner had a guest post titled "Politics By Other Means."

And yesterday at "The Volokh Conspiracy," Jonathan H. Adler had a post titled "Law by other means -- a response to Rob Weiner on Halbig."
Posted at 08:22 AM by Howard Bashman




Become the 3,000th follower of "How Appealing" on Twitter: Or don't. In the whole grand scheme of things, it probably doesn't make much difference either way.
Posted at 08:16 AM by Howard Bashman




Ninth Circuit rules that Barnes & Noble's "browsewrap" arbitration agreement isn't worth the pixels it's written on: The Recorder reports that "Ninth Circuit Spurns Web 'Browsewrap' Agreement." You can freely access the full text of this article via Google News.

Courthouse News Service reports that "Barnes & Noble Loses Bid for Arbitration on Appeal."

Central Valley Business Times reports that "Terms of use buttons are not enough, says court."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Barnes & Noble 'Browsewrap' Terms of Use Bites the Dust."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:14 AM by Howard Bashman




"Arizona Loose With Its Rules in Executions, Records Show": Fernanda Santos and John Schwartz had this article in yesterday's edition of The New York Times.
Posted at 08:04 AM by Howard Bashman




"One month later, Markel investigation continues": Sean Rossman has this article in today's edition of The Tallahassee Democrat.
Posted at 08:02 AM by Howard Bashman




Monday, August 18, 2014

"Supreme Court: Was gay marriage settled in 1972 case?" Robert Barnes has this article in today's edition of The Washington Post.
Posted at 10:25 AM by Howard Bashman




Sunday, August 17, 2014

"Black groups tell Supreme Court Ala. districts biased": Mary Troyan has this article in The Montgomery Advertiser.
Posted at 01:20 PM by Howard Bashman




"Where's the Justice at Justice?" Columnist Maureen Down has this op-ed in the Sunday Review section of today's edition of The New York Times.
Posted at 01:16 PM by Howard Bashman




"GOP moves to restrict court challenges of N.C. laws": The Charlotte Observer has an article that begins, "After passing laws imposing new conditions on abortions and elections, taking away teacher tenure and providing vouchers for private school tuition, Republican state legislators have seen those policies stymied in state and federal courtrooms."
Posted at 01:14 PM by Howard Bashman




"SCOTUS ruling might handcuff school safety": Today's edition of The Cincinnati Enquirer contains a front page article that begins, "It's been a longtime, informal practice in many schools: Principals -- on occasion and when warranted -- confiscate and search cellphones if students are suspected of wrongdoing."
Posted at 01:12 PM by Howard Bashman




Saturday, August 16, 2014

"Nevada Supreme justices suffer 'personal toll'": The Reno Gazette-Journal has an article that begins, "Nevada Supreme Court Justice James Hardesty is the main spokesman for Question One on the November general-election ballot. If passed by voters, it would establish an appeals court in Nevada. It would ease the overwhelming pressure on the state Supreme Court, which now is the only appeals court in the state."
Posted at 01:25 PM by Howard Bashman




"Supreme Court ace challenges America's highest minimum wage": Claire Zillman of Fortune has this report.
Posted at 01:12 PM by Howard Bashman




"Alabama Supreme Court rules brand name drug makers liable for harm caused by generic versions": AL.com has this report.

The Associated Press has a report headlined "Alabama high court upholds generic drug decision" that begins, "Brand-name drug makers can be held liable for warnings on a generic medication even if it was produced by another company, the Alabama Supreme Court ruled Friday, standing by an earlier decision that business leaders viewed as a defeat."

And WSJ.com's "Pharmalot" blog has a post titled "Pfizer is Liable for Harm Caused by a Generic Version of its Drug: Court."

You can access yesterday's 6-to-3 ruling of the Supreme Court of Alabama on rehearing at this link.
Posted at 01:08 PM by Howard Bashman




"Arrested federal judge keeps getting $199K salary": The Associated Press has a report that begins, "An Alabama federal judge stripped of his caseload following his arrest on domestic violence charges in Atlanta will continue receiving his annual salary of nearly $200,000."
Posted at 01:00 PM by Howard Bashman




"National news media picture West Ottawa High School teacher on Supreme Court cell phone ruling": The Grand Rapids Press has this report.
Posted at 12:55 PM by Howard Bashman




"Suspect's silence allowed as evidence at trial, court rules": Bob Egelko of The San Francisco Chronicle has this report.

Howard Mintz of The San Jose Mercury News reports that "Redwood City man's conviction in fatal crash to remain in doubt."

The San Mateo Daily Journal reports that "Supreme Court restores fatal crash conviction: Redwood City man's post-incident silence, and Fifth Amendment rights, at issue."

Metropolitan News-Enterprise reports that "S.C. Orders New Look at Conviction in Traffic Fatality of Child; Divided Court Says Evidence of Defendant's Lack of Concern for Victims May Have Been Admissible."

And The Associated Press has a report headlined "Court: Silence can be used against suspects."

You can access Thursday's 4-to-3 ruling of the Supreme Court of California at this link.
Posted at 12:16 PM by Howard Bashman




"Justice tells women: 'Rooting out unconscious bias is much harder.'" Today's edition of The Santa Fe New Mexican contains a front page article that begins, "U.S. Supreme Court Justice Ruth Bader Ginsburg told a Santa Fe audience Friday that discrimination against women is more subtle than it used to be and can be more difficult to combat than the overt discrimination she encountered when she began her legal career more than 50 years ago."

And today's edition of The Albuquerque Journal contains an article headlined "Justice Ginsburg: Women must keep up the fight for equality."
Posted at 09:21 AM by Howard Bashman




"First Justice Department Memo on Killing Anwar Al-Awlaki": Charlie Savage has this newsbrief in today's edition of The New York Times.

You can view the heavily redacted memo at this link.
Posted at 09:17 AM by Howard Bashman




Friday, August 15, 2014

"Porsche prevails at U.S. appeals court over VW squeeze": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 11:24 PM by Howard Bashman




"An Empirical Study of Political Bias in Legal Scholarship": Law professors Adam S. Chilton and Eric A. Posner have posted this paper online at SSRN.
Posted at 11:17 PM by Howard Bashman




"U.S. court revives challenge to New York City circumcision law": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 11:09 PM by Howard Bashman




Effective today, R. Guy Cole is the Chief Judge of the U.S. Court of Appeals for the Sixth Circuit: Opinions issued today (see here and here) confirm the change, as do that court's own listing of judges and Wikipedia.

At present, the Federal Judicial Center's biographical database still lists Alice M. Batchelder as the Sixth Circuit's chief judge. According to her Wikipedia entry, former Chief Judge Batchelder turned 70 today, and thus became statutorily ineligible to continue serving as that circuit's chief judge.
Posted at 10:58 PM by Howard Bashman




Thursday, August 14, 2014

"A Victory for Confidentiality in Prisoner Legal Correspondence With Lawyers: University of St. Thomas Appellate Clinic." Greg Sisk has this post at the "Mirror of Justice" blog.

My earlier coverage of Monday's Ninth Circuit ruling appears at this link.
Posted at 10:46 PM by Howard Bashman




"Official asks U.S. chief justice to block Virginia gay marriages": Lawrence Hurley of Reuters has this report. You can view the stay request at this link.
Posted at 10:38 PM by Howard Bashman




"'Whitey' Bulger appeals, calling conviction unfair": The Boston Globe has this news update.

The Boston Herald has a news update headlined "Bulger appeal claims mobster deprived of immunity defense."

And The Associated Press reports that "Whitey Bulger's attorneys appeal his conviction."
Posted at 10:35 PM by Howard Bashman




"EMS Response Time Reviewed After Dan Markel 911 Call": ABC affiliate WTXL-TV of Tallahassee, Florida has this report today.
Posted at 03:58 PM by Howard Bashman




"We also hold that the blanket, categorical denial of medically indicated surgery solely on the basis of an administrative policy that 'one eye is good enough for prison inmates' is the paradigm of deliberate indifference." So holds the majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in a ruling issued today.
Posted at 01:25 PM by Howard Bashman




Seventh Circuit opinion issued today contains a "spoiler alert" for the resolution of the final movie in the Batman trilogy, "The Dark Knight Rises": You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.

Update: In other coverage, at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Warner Bros. Wins Appeal Over Fictional Technology in 'Dark Knight Rises'; Catwoman's favorite piece of software won't confuse those who wish to purchase a 'clean slate.'"
Posted at 01:20 PM by Howard Bashman




"Girl trouble: Gender and the Justices." Steven Mazie had this post last week at the "Democracy in America" blog of The Economist magazine.
Posted at 12:11 PM by Howard Bashman




"Constitution Check: Will there be more Obama appointees on the Supreme Court?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.

Sahil Kapur of TPM DC has a report headlined "The Enormous, Unbelievable Stakes For The Supreme Court In 2016."

And at "The Fix" blog of The Washington Post, Philip Bump has an essay titled "If Obama thinks Justice Ginsburg will retire soon to help Democrats, he's probably wrong."
Posted at 12:06 PM by Howard Bashman




Wednesday, August 13, 2014

"Supreme Court Advocate Sees Urgency in Marriage Fight": Marcia Coyle of The National Law Journal has a Supreme Court Brief that begins, "The gay couples who successfully challenged Utah's ban on same-sex marriages have tapped Hogan Lovell's Neal Katyal to make their arguments in the U.S. Supreme Court, now that the state has asked the justices to hear its appeal."
Posted at 11:00 PM by Howard Bashman




"Judge Mark Fuller's cases reassigned after arrest": Brian Lyman of The Montgomery Advertiser has a news update that begins, "The 11th Circuit Court of Appeals has reassigned cases pending before U.S. District Judge Mark Fuller, following the judge's arrest in Georgia Sunday on charges of misdemeanor battery."

The Associated Press has a report headlined "No new cases for arrested Alabama federal judge." According to The AP's report, "Kelli Fuller told police that her husband became violent after she accused him of having an affair with a law clerk in his Montgomery office. She said he pulled her hair, threw her to the ground and dragged her, kicked her and struck her several times in the face." The article then provides Judge Fuller's version of events.

Earlier, The Atlanta Journal-Constitution reported that "Domestic violence arrest unlikely to remove federal judge from bench."

And yesterday, the U.S. Court of Appeals for the Eleventh Circuit issued an "Announcement Regarding Status of District Judge Mark E. Fuller".
Posted at 08:32 PM by Howard Bashman




"Appeals court: Gay marriages in Va. can begin next week." The Richmond Times-Dispatch has this news update.

The Associated Press reports that "Delay denied in ruling on Va. gay marriage ban."

And at "SCOTUSblog," Lyle Denniston has a post titled "No delay on Virginia same-sex marriage ruling."

You can view today's order of a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 01:28 PM by Howard Bashman




"Texas newly defends college admissions plan": Lyle Denniston has this post at "SCOTUSblog."
Posted at 12:20 PM by Howard Bashman



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