How Appealing


Friday, April 18, 2014

"Scalia criticizes historic Supreme Court ruling on freedom of the press": David G. Savage of The Los Angeles Times has this report.
Posted at 09:04 PM by Howard Bashman




"Do online media get treated like traditional media under libel retraction statutes?" Eugene Volokh has this post today at "The Volokh Conspiracy."
Posted at 05:40 PM by Howard Bashman




"Eyewitness testimony no longer a gold standard": The Associated Press has this report.
Posted at 05:22 PM by Howard Bashman




"Teva Rejected by Supreme Court on Generic Copaxone Delay": Greg Stohr of Bloomberg News has this report.

Lawrence Hurley of Reuters reports that "Supreme Court denies Teva stay in Copaxone patent fight."

The Associated Press reports that "Court declines to block drug ruling in patent case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court won't block Teva rivals."

You can access at this link the one paragraph in chambers opinion that Chief Justice John G. Roberts, Jr. issued today in his capacity as Circuit Justice for the U.S. Court of Appeals for the Federal Circuit.
Posted at 05:18 PM by Howard Bashman




"Kennedy's Question: How will the Court decide Hobby Lobby?" Adam J. White has this article in the April 28, 2014 issue of The Weekly Standard.

The issue also contains an article by Terry Eastland headlined "Mitch McConnell, Judicial Activist: The Senate minority leader seeks majority opinions."
Posted at 04:48 PM by Howard Bashman




"New Clinton Documents: How to Celebrate Confirmation of Justice Ginsburg?" Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 04:28 PM by Howard Bashman




"3rd Circ. Urged To Move GSK Paxil Suit Back To State Court": Kelly Knaub of Law360.com has this report (subscription required for full access) today on the Brief for Appellants that I filed earlier this week in the U.S. Court of Appeals for the Third Circuit.
Posted at 03:35 PM by Howard Bashman




"Is This the Supreme Court's Next Big Gun Case? The Second Amendment protects the right to armed self-defense; Does that include the right to carry guns in public?" Damon Root has this essay today at Reason.com.
Posted at 03:32 PM by Howard Bashman




"Iowa court: Mother needed approval to get disabled son a vasectomy." Grant Rodgers of The Des Moines Register has a news update that begins, "An Iowa mother appointed as the guardian of her intellectually-disabled son should not have arranged a vasectomy for him without prior court approval, the Iowa Supreme Court ruled today."

And at "On Brief: Iowa's Appellate Blog," Ryan Koopmans has a post titled "The Iowa Supreme Court on vasectomies and due process."

You can access today's ruling of the Supreme Court of Iowa at this link.
Posted at 01:42 PM by Howard Bashman




"Federal appeals court gives Walker win on Act 10": Jason Stein of The Milwaukee Journal Sentinel has this news update reporting on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 01:17 PM by Howard Bashman




"U.S. appeals court largely upholds cement plant emissions rule": Lawrence Hurley of Reuters has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 12:11 PM by Howard Bashman




"Aereo's Legal Battles Rest on the Meaning of 'Public Performance'": Robert Levine of Bloomberg Businessweek has this report.
Posted at 12:09 PM by Howard Bashman




"Gay marriage: Openly gay judge, Michael McShane, in spotlight overseeing Oregon case." The Oregonian has an article that begins, "Starting next week, the spotlight on the status of gay marriage in America will shift to the Eugene courtroom of U.S. District Judge Michael McShane -- who finds himself in an unusual position."
Posted at 11:33 AM by Howard Bashman




"Ginsburg, Scalia discuss NSA, freedoms": Trevor Eischen of Politico.com has this report.
Posted at 08:46 AM by Howard Bashman




"No challenge to gay rights standard": Lyle Denniston has this post at "SCOTUSblog."

My most recent earlier related post appeared yesterday at this link.
Posted at 08:44 AM by Howard Bashman




"Book: Lawyer who defended Calif. gay marriage ban plans daughter's gay wedding." Robert Barnes of The Washington Post has this report.
Posted at 08:42 AM by Howard Bashman




Thursday, April 17, 2014

"Law professor to argue case at Supreme Court": Old Gold & Black, the student newspaper of Wake Forest University, has an article that begins, "On April 23, Wake Forest University Law School Professor John Korzen will face the ultimate test of any attorney, he will make an oral argument before the nine justices of the Supreme Court of the United States."
Posted at 10:24 PM by Howard Bashman




"Ohio case before U.S. Supreme Court could decide whether states can criminalize campaign lies": Sabrina Eaton of The Cleveland Plain Dealer has this report.
Posted at 10:22 PM by Howard Bashman




"Kalb Report with Justices Antonia Scalia and Ruth Bader Ginsburg": C-SPAN has posted the video of this evening's event at this link.
Posted at 10:04 PM by Howard Bashman




In Bashman news from Niagara Falls: The Buffalo News reports that "Woman charged with using bat to bash man's car."
Posted at 10:02 PM by Howard Bashman




"Scalia, Ginsburg Offer Amendments to the Constitution": Marcia Coyle has this post at "The BLT: The Blog of Legal Times."
Posted at 09:54 PM by Howard Bashman




"Va. Supreme Court rules for U-Va. in global warming FOIA case": Tom Jackman of The Washington Post has this blog entry.

And The Associated Press reports that "Va. Supreme Court backs ex-U.Va. climate researcher."

You can access today's ruling of the Supreme Court of Virginia at this link.
Posted at 08:46 PM by Howard Bashman




"NJ man's handgun case before U.S. Supreme Court on Friday": The Newark Star-Ledger has this report.

And The Washington Times has an article headlined "Supreme Court weighs appeal to concealed-carry gun laws; Considering challenge to New Jersey's 'justifiable need' mandate."
Posted at 08:40 PM by Howard Bashman




"S.F.'s plastic-bag ban clears last legal hurdle": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 08:36 PM by Howard Bashman




"Two justices say high court will likely rule on NSA programs": Lawrence Hurley of Reuters has this report.
Posted at 08:34 PM by Howard Bashman




After deciding to forgo its own request for rehearing of the Ninth Circuit's decision prohibiting a party from striking a juror based on sexual orientation, Abbott Labs. files brief supporting Ninth Circuit's sua sponte consideration of en banc review: You can access the brief that Abbott Laboratories filed today in the U.S. Court of Appeals for the Ninth Circuit at this link.

Also today, SmithKline Beecham Corporation, which prevailed before the three-judge panel, filed this brief opposing en banc review.

My earlier coverage of the three-judge panel's ruling in this case can be accessed here.
Posted at 08:20 PM by Howard Bashman




"Judges question attorneys at gay marriage hearing": The Associated Press has a report that begins, "A judge in Colorado who will play a pivotal role deciding whether gays should be allowed to wed in the United States sharply questioned whether Oklahoma can legally prevent the marriages."

And Kirk Mitchell of The Denver Post has a news update headlined "Federal appeals court considers Oklahoma's gay marriage ban."

Update: The U.S. Court of Appeals for the Tenth Circuit has posted at this link (5.72 MB mp3 audio file) the audio of today's oral argument in the Oklahoma same-sex marriage case.
Posted at 04:47 PM by Howard Bashman




"Tulsa lesbian couple waited decade for day in court on marriage ban": Kirk Mitchell of The Denver Post has this news update.
Posted at 04:16 PM by Howard Bashman




"Guantanamo trial in 9/11 veers off track again": The Associated Press has this report.

And Carol Rosenberg of The Miami Herald reports that "Guantanamo trial delays frustrate 9/11 victims' family members."
Posted at 03:54 PM by Howard Bashman




"Prop 8 lawyer's views on gay marriage evolving": The Associated Press has a report that begins, "The lawyer who argued before the Supreme Court in favor of upholding California's ban on gay marriage learned while he was handling the case that one of his children is gay and now is helping her plan her wedding with another woman."
Posted at 02:24 PM by Howard Bashman




"Cell phone search case is easy call for Supreme Court": Jack Shafer has this essay online at Reuters.
Posted at 02:18 PM by Howard Bashman




"Argentina's fight with bondholders reaches U.S. top court": Lawrence Hurley of Reuters has this report.
Posted at 10:30 AM by Howard Bashman




"Argument preview: Attack ads and the First Amendment." Lyle Denniston of "SCOTUSblog" has this post today.
Posted at 10:28 AM by Howard Bashman




"A $6 Million Legal Bill -- And A Fight For Credit In The Marriage Equality Movement": Chris Geidner of BuzzFeed has this report.
Posted at 10:26 AM by Howard Bashman




"4th Circuit throws open courtroom windows in 'Company Doe' ruling": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.

And The Associated Press reports that "Consumer groups win appeal to reveal Company Doe."

My earlier coverage of yesterday's Fourth Circuit ruling appears at this link.
Posted at 10:24 AM by Howard Bashman




"McCutcheon lawyer brings new campaign finance case": Byron Tau of Politico.com has this report.
Posted at 08:12 AM by Howard Bashman




"Oklahoma case carries on court fight over same-sex marriage; Panel that heard Utah's arguments last week will hear Oklahoma's same-sex marriage case": Marissa Lang has this front page article in today's edition of The Salt Lake Tribune.

In today's edition of The Deseret News, Dennis Romboy has an article headlined "Utah, Oklahoma same-sex marriage cases on parallel track."

In today's edition of The Denver Post, Kirk Mitchell has an article headlined "Colorado's gay marriage ban could hinge on appeals court ruling."

And Emma Margolin of msnbc reports that "Appeals court to hear case for gay marriage in Oklahoma."
Posted at 08:10 AM by Howard Bashman




Wednesday, April 16, 2014

"An Indecent Burial": Linda Greenhouse has this essay online at The New York Times.
Posted at 10:18 PM by Howard Bashman




"Supreme Court case could test future of broadcast TV": Richard Wolf of USA Today has this report.

In the April 15, 2014 issue of Variety, Ted Johnson has a news analysis headlined "Supreme Court Ruling on Aereo Will Be Significant, No Matter Who Wins."

Jordan Crook of TechCrunch reports that "Aereo Shows Off Their Rooftop Antenna Farm Ahead Of Supreme Court Ruling."

Lawrence Hurley and David Ingram of Reuters report that "U.S. Supreme Court's Alito ends recusal in Aereo TV case."

At the "Hollywood, Esq." blog of The Hollywood Reporter, Jonathan Handel has a post titled "Justice Alito Rejoins Aereo Supreme Court Case; All nine Supreme Court Justices will hear oral argument Tuesday in the closely-watched case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Alito rejoins the Court in two cases."
Posted at 09:02 PM by Howard Bashman




"India's Supreme Court Recognizes 3rd Gender": This post appears at the "India Ink" blog of The New York Times.

You can access yesterday's ruling of the Supreme Court of India at this link.
Posted at 08:47 PM by Howard Bashman




"How the President Got to 'I Do' on Same-Sex Marriage": Jo Becker will have this article in this upcoming Sunday's edition of The New York Times Magazine.
Posted at 08:40 PM by Howard Bashman




"Abortion Endures as a Political Tripwire": Online today at The New York Times, Thomas B. Edsall has an essay that begins, "Why is there such a difference in the durability of two foundational issues of American conservatism: gay marriage and abortion?"
Posted at 08:36 PM by Howard Bashman




"Weev Talks About Life In Prison And His Plans To Open A Hedge Fund, TRO LLC": John Biggs has this interview online at TechCrunch.

According to Auernheimer, "I have instructed my counsel not to file a motion for dismissal by cause of double jeopardy if the government brings this case in another jurisdiction. I will gladly litigate this matter again to attack the CFAA a second time, even if the result is another round of imprisonment."
Posted at 07:58 PM by Howard Bashman




"Justice Alito Re-Enters Two Key Business Cases": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 05:46 PM by Howard Bashman




"Round 2: Court takes up Oklahoma gay-marriage case." The Associated Press has this report.

The U.S. Court of Appeals for the Tenth Circuit is scheduled to hear oral argument in the case tomorrow.
Posted at 04:52 PM by Howard Bashman




"US judge overturns 6-week abortion ban": The Associated Press has this report.

And the Center for Reproductive Rights, which brought the challenge, issued a news release titled "Federal Court Permanently Blocks Most Extreme Abortion Ban in the Country; Judge calls North Dakota's ban on abortion at six weeks 'a blatant violation of the constitutional guarantees afforded to all women.'"

You can access today's ruling of the U.S. District Court for the District of North Dakota at this link.

Update: In other coverage, Bloomberg News reports that "North Dakota 'Fetal Heartbeat' Abortion Ban Ruled Illegal."

And at "SCOTUSblog," Lyle Denniston has a post titled "Judge nullifies strictest anti-abortion law."
Posted at 04:50 PM by Howard Bashman




"Court Deportations Drop 43 Percent in Last Five Years": This article will appear in Thursday's edition of The New York Times.
Posted at 04:44 PM by Howard Bashman




"Professor tries for double play in toxic tort case before Supreme Court": Jeremy P. Jacobs of Greenwire has this report today.
Posted at 04:42 PM by Howard Bashman




"House Lawyers Defend 'Speech or Debate'": Zoe Tillman has this post today at "The BLT: The Blog of Legal Times" reporting on an amicus brief filed yesterday in the U.S. Court of Appeals for the Ninth Circuit.
Posted at 01:40 PM by Howard Bashman




"Scalia to Student: If Taxes Get Too High 'Perhaps You Should Revolt.'" Jacob Gershman has this post today at WSJ.com's "Law Blog."
Posted at 01:35 PM by Howard Bashman




"Argument preview: A global search for money." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 01:33 PM by Howard Bashman




"Lavabit held in contempt of court for printing crypto key in tiny font; US attorney: Lavabit 'treated court orders like contract negotiations.'" Joe Silver of Ars Technica has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 01:32 PM by Howard Bashman




"U.S. consumer groups win unsealing of lawsuit over infant death": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 01:30 PM by Howard Bashman




"Diller Goes Big in High Court Gamble on Aereo's Future": Greg Stohr and Alex Barinka of Bloomberg News have this report today.
Posted at 01:26 PM by Howard Bashman




"Bisignano can be on ballot, Iowa Supreme Court rules": Grant Rodgers has this article today in The Des Moines Register.

And at "On Brief: Iowa's Appellate Blog," Ryan Koopmans has a post titled "Iowa Supreme Court splits over what kinds of criminals can vote."

You can access yesterday's ruling of the Supreme Court of Iowa at this link.
Posted at 01:24 PM by Howard Bashman




"Crosses Spark a Constitutional Fight": Jacob Gershman has this article today in The Wall Street Journal.
Posted at 01:18 PM by Howard Bashman




"An update on our press pass": Tom Goldstein has this post today at "SCOTUSblog."
Posted at 01:14 PM by Howard Bashman




"Judge stays most of Ohio gay marriage ruling": The Associated Press has this report.

You can access today's order of the U.S. District Court for the Southern District of Ohio at this link.
Posted at 01:10 PM by Howard Bashman




Programming note: This morning, I am meeting with trial counsel in an appeal on which I am working. Additional posts will appear here this afternoon.
Posted at 08:54 AM by Howard Bashman




"The Tragicomedy of the 9/11 Trial: A report from Guantanamo Bay." Dave Cullen has this essay online at The New Republic.
Posted at 08:03 AM by Howard Bashman




"Supreme Court to consider challenge to law barring campaign falsehoods; The Supreme Court will hear a free-speech challenge to an Ohio state law that prohibits publishing false statements about political candidates": David G. Savage has this article today in The Los Angeles Times.

And The Associated Press reports that "Court to weigh challenge to ban on campaign lies."
Posted at 08:02 AM by Howard Bashman




Tuesday, April 15, 2014

"Liberals and libertarians join forces to defend gay marriage rights": Adam Serwer of msnbc has this report.
Posted at 11:08 PM by Howard Bashman




"Google friends swamp 9th Circuit in 'Innocence of Muslims' case": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 08:42 PM by Howard Bashman




Access online the contents of the April 2014 issue of The Yale Law Journal: At this link.

In this month's issue, law professor Jeremy Waldron has an essay titled "Five to Four: Why Do Bare Majorities Rule on Courts?"

And the issue also contains a feature titled "Federalism as the New Nationalism: A dialogue among a new school of federalism scholars."
Posted at 08:40 PM by Howard Bashman




"Man who disrupted Supreme Court gets time served": The Associated Press has this report.

Lawrence Hurley of Reuters reports that "Man in videotaped protest inside Supreme Court pleads guilty."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court Protester Sentenced to Time Served."
Posted at 08:32 PM by Howard Bashman




"Battle over Argentina's debts heads to Supreme Court": Richard Wolf of USA Today has this report.
Posted at 08:25 PM by Howard Bashman




"Whether a defendant may remove a case a second time based on diversity jurisdiction more than one year after the commencement of the case?" Some readers may recall that on January 24, 2014 the U.S. Court of Appeals for the Third Circuit issued an order granting my clients' petition for permission to appeal presenting that issue.

Today, on behalf of my clients, the plaintiffs in the case, I filed the opening Brief for Appellants.

And for any readers who simply can't get enough when it comes to appeals involving the law school subjects of federal courts and civil procedure, today the U.S. Court of Appeals for the Ninth Circuit issued a decision resolving "whether the federal court in Guam has jurisdiction in disputes exclusively between aliens."
Posted at 06:28 PM by Howard Bashman




"Convicted Murderer Still Has Miranda Rights Case": Courthouse News Service has a report that begins, "A man convicted twice for the same murder can sue the Ventura County Sheriff's Department for failing to read him his rights, the 9th Circuit ruled Tuesday."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Convicted Killer's Civil Rights Suit Reinstated."

Circuit Judge Stephen Reinhardt wrote today's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 06:18 PM by Howard Bashman




"Argument preview: Justices to consider 'truth-in-labeling' fruit juices." Ronald Mann has this post today at "SCOTUSblog."
Posted at 01:30 PM by Howard Bashman




"Prenda On Appeal: Copyright Troll Tactics Challenged in DC Circuit." Corynne McSherry of Electronic Frontier Foundation has this blog post about a case that she and two other attorneys argued yesterday at the U.S. Court of Appeals for the D.C. Circuit.

You can access the audio of yesterday's oral argument via this link (23.1 MB mp3 audio file).
Posted at 01:18 PM by Howard Bashman




"Aereo to Face Uphill Battle in Supreme Court, Experts Say; With broadcasters on one side and the cloud computing business on the other, the stakes are high -- and the case could go either way": Jonathan Handel has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 01:10 PM by Howard Bashman




"U.S. appeals court upholds hazardous air pollution rule": Lawrence Hurley has this report on the per curiam ruling that the majority on a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.

Update: In other coverage, Jeremy P. Jacobs of Greenwire reports that "Federal judges uphold landmark EPA mercury and toxics standards."
Posted at 11:24 AM by Howard Bashman




"According to the plaintiffs, the Senate rule governing filibusters is unconstitutional." But according to the U.S. Court of Appeals for the D.C. Circuit in a ruling issued today, the plaintiffs failed to sue the proper defendant and therefore could not obtain any relief on their claim.

Update: At "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "Suit Challenging Senate Filibuster Rule Fails in D.C. Circuit."
Posted at 11:20 AM by Howard Bashman




"Appellate court strikes down $1 million award in porn case": Today's edition of The Knoxville News Sentinel contains an article (subscription required for full access) that begins, "A federal appeals court Monday struck down a $1 million award of damages to a Greene County teenager against a man who hired prostitutes to have sex with the boy so he could film the encounters."

Circuit Judge Jeffrey S. Sutton wrote yesterday's ruling of the U.S. Court of Appeals for the Sixth Circuit on behalf of a unanimous three-judge panel.
Posted at 10:24 AM by Howard Bashman




Monday, April 14, 2014

"Point Reyes oyster farmer appeals to U.S. high court": Bob Egelko of The San Francisco Chronicle has this news update.

And The Marin Independent Journal has a news update headlined "Drakes Bay Oyster Co. takes fight to U.S. Supreme Court."

You can view at this link the petition for writ of certiorari filed today in the U.S. Supreme Court.
Posted at 11:58 PM by Howard Bashman




"Little-Known Legal Challenge That Could Torpedo Obamacare": Ariane de Vogue has this post today at "The Note" blog of ABC News.
Posted at 11:38 PM by Howard Bashman




"SCOTUSblog on camera: Orin Kerr -- Part five." You can access here the final installment of this video interview.
Posted at 11:36 PM by Howard Bashman




"Media, rights groups urge court to revisit takedown of anti-Muslim YouTube video; Media says decision allows subjects of news events to control coverage": David Kravets of Ars Technica has this report.
Posted at 11:34 PM by Howard Bashman




"U.S. appeals court: conflict minerals rule violates free speech." Reuters has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

Update: In other coverage, Bloomberg News reports that "SEC Conflict Minerals Rule Violates Free-Speech Rights."

Jeremy P. Jacobs of Greenwire reports that "Appeals court strikes down conflict minerals disclosure rule."

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "D.C. Circuit Trims SEC 'Conflict Minerals' Disclosure Rule."
Posted at 01:05 PM by Howard Bashman




"Judge Posner Includes Photograph Of Plaintiff In Banana Costume, 'Which is in the record.'" Josh Blackman has this post discussing a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 01:02 PM by Howard Bashman




"Judge to Ohio: Recognize out-of-state gay marriage." The Associated Press has this updated report.

You can access today's ruling of the U.S. District Court for the Southern District of Ohio at this link.
Posted at 11:42 AM by Howard Bashman




"Secret Drugs, Agonizing Deaths": Megan McCracken and Jennifer Moreno, staff lawyers with the Death Penalty Clinic at the University of California, Berkeley, School of Law, have this op-ed today in The New York Times.
Posted at 10:24 AM by Howard Bashman




"Judge set to issue key Ohio gay marriage ruling": The Associated Press has this report.
Posted at 09:58 AM by Howard Bashman




Sunday, April 13, 2014

"Put Cameras in the Supreme Court: Australia, Canada, and England all allow cameras in their high courts; So should the U.S." S.M. Oliva has this essay online today at Reason.com.
Posted at 10:50 PM by Howard Bashman




"Supreme Court ruling sets off race for bigger donations; Political parties, election lawyers and donors move quickly to capitalize on the Supreme Court's decision striking down overall limits on what wealthy contributors can give": Fredreka Schouten of USA Today has this report.
Posted at 10:44 PM by Howard Bashman




"Legal minds eye quality control for convictions": The Associated Press has this report.
Posted at 10:28 PM by Howard Bashman




"Gun rights may return to Supreme Court's agenda": Richard Wolf of USA Today has this report.
Posted at 10:25 PM by Howard Bashman




"Window opens on secret camp within Guantanamo": The Associated Press has this report.
Posted at 10:22 PM by Howard Bashman




"Orie Melvin appeal to be heard next month in Lawrence County": In yesterday's edition of The Pittsburgh Tribune-Review, Adam Brandolph had an article that begins, "A three-judge Pennsylvania Superior Court panel will hear oral arguments next month on former state Supreme Court Justice Joan Orie Melvin's appeal of her conviction on corruption charges."

And yesterday's edition of The Pittsburgh Post-Gazette contained an article headlined "State Superior Court to hear arguments on Orie Melvin's appeal."
Posted at 09:12 AM by Howard Bashman




"Pennsylvania's U.S. senators in controversial judicial deal": In Wednesday's edition of The Pittsburgh Post-Gazette, Tracie Mauriello had an article that begins, "Pennsylvania progressives are looking to scuttle an apparent backroom deal on judicial nominations that the state's two senators are negotiating."

And today's edition of that newspaper contains an editorial titled "Bench pressed: Activists go political against a prospective judge."
Posted at 09:10 AM by Howard Bashman




Saturday, April 12, 2014

"Supreme Court protects free speech selectively": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 10:44 PM by Howard Bashman




"Scott Walker wants state high court to take up John Doe subpoenas": Patrick Marley and Steve Schultze had this article in yesterday's edition of The Milwaukee Journal Sentinel.

And The Wisconsin State Journal reports that "Scott Walker campaign asks Supreme Court to intervene in 'John Doe' investigation."
Posted at 01:30 PM by Howard Bashman




"Internet TV company Aereo expands ahead of its Supreme Court date": CNBC has this report.

And in tomorrow's edition of The Boston Globe, columnist Scott Kirsner will have an essay headlined "Aereo's $97m question for the Supreme Court: Streaming TV service hinges on court's decision."
Posted at 01:24 PM by Howard Bashman




"Newport Beach hires Citizens United attorney; Theodore Olson, who also worked on Bush vs. Gore, will represent the city in sober-living case": The Daily Pilot of Costa Mesa, California has this report.
Posted at 11:42 AM by Howard Bashman




"Shaun McCutcheon's victory lap": Byron Tau and Kenneth P. Vogel of Politico.com have this report today.
Posted at 11:40 AM by Howard Bashman




"Authors Guild asks US court to rule against Google": The Associated Press has a report that begins, "Saying Google Inc. is stealing business from online book retailers, the Authors Guild asked a federal appeals court Friday to reinstate its lawsuit contending that the Internet giant is violating copyright laws with its massive book digitization project."

You can view a redacted copy of the Brief for Appellants, filed yesterday in the U.S. Court of Appeals for the Second Circuit, at this link.
Posted at 09:50 AM by Howard Bashman




Florida's Fifth District Court of Appeal yesterday issued a ruling in a case described as "SLAPP Happy Dog-Shooter": The "Siouxsie Law" blog had this post about the case back in March 2010.

And in July 2011, "Siouxsie Law" had a related post titled "Court rules in favor of blogger -- Comins v. VanVoorhis."

Yesterday, an intermediate state appellate court located in Daytona Beach, Florida issued a decision affirming the entry of judgment in favor of the blogger. Thanks much to a reader who forwarded a copy of yesterday's ruling in an email stating: "F.Y.I., Florida's 5th DCA opined that a blog was a type of media defendant for the purposes of Florida's defamation laws."
Posted at 09:45 AM by Howard Bashman




"SeaWorld loses appeal in killer-whale case": This front page article appears today in The Orlando Sentinel.

CNN.com reports that "SeaWorld appeal of OSHA citations denied."

And at his "Suits & Sentences" blog, Michael Doyle of McClatchy Washington Bureau has a post titled "Court upholds federal safety ruling at SeaWorld of Florida."

My earlier coverage of yesterday's divided three-judge panel D.C. Circuit ruling can be accessed here.
Posted at 09:36 AM by Howard Bashman




"Andrew Auernheimer's computer hacking conviction is overturned by appeals court": Jerry Markon of The Washington Post has this report. In addition, at the newspaper's "The Switch" blog, Andrea Peterson has a post titled "Hacker/troll 'weev' will walk free; But the court didn't rule on the main issue."

At the "Bits" blog of The New York Times, Nick Bilton has a post titled "Appeals Court Overturns Conviction of AT&T Hacker Known as 'Weev.'"

Brendan Sasso of National Journal reports that "This Hacker Is Getting Out of Jail -- But Not For the Reason His Supporters Hoped; Prosecutors claim 'Weev' stole thousands of email addresses from iPad users."

Russell Brandom of The Verge reports that "The internet's biggest troll just beat his conviction."

At Slate's "Future Tense" blog, Joshua Kopstein has a post titled "Court Overturns Controversial Hacker's Conviction, but Dodges the Hard Question."

And at Forbes.com, Kashmir Hill has a post titled "Weev Freed, But Court Punts On Bigger 'Hacking vs. Security Research' Question."

My earlier coverage of yesterday's Third Circuit ruling appears here and here.
Posted at 09:32 AM by Howard Bashman




"California's POM Wonderful takes on Coke over pomegranate juice": Michael Doyle of McClatchy Washington Bureau has this report.
Posted at 09:22 AM by Howard Bashman




Friday, April 11, 2014

"Booking Video: Aaron Swartz Jokes, Jousts With Cops After MIT Bust." Kevin Poulsen has this post today at Wired.com's "Threat Level" blog.
Posted at 09:54 PM by Howard Bashman




"McCutcheon Breeds Cynicism: When it comes to campaign finance, the public's perception of corruption matters; But what if the public doesn't care?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:48 PM by Howard Bashman




Legal duo of Ted Olson and David Boies file Fourth Circuit brief for appellees arguing that Virginia's same-sex marriage prohibition is subject to heightened scrutiny and cannot be justified: You can access the brief at this link.
Posted at 09:03 PM by Howard Bashman




"Senate Republicans Slow Judicial Confirmation Process": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 04:50 PM by Howard Bashman




"SCOTUSblog on camera: Orin Kerr -- Part four." You can access the new installment of this five-part interview at this link. Presumably Orin's Third Circuit victory today occurred too late for mention in this segment, so stay tuned for part five, which will likely be posted on Monday.
Posted at 01:54 PM by Howard Bashman




"The five extra words that can fix the Second Amendment": Retired Justice John Paul Stevens has this essay online at The Washington Post.
Posted at 01:52 PM by Howard Bashman




"Justice Department defends Soledad cross; Administration says 9th U.S. Circuit Court of Appeals should rehear case": This article appears today in The San Diego Union-Tribune.
Posted at 01:35 PM by Howard Bashman




"Appeals court finds EPA carbon decision reasonable": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:26 PM by Howard Bashman




"Seaworld Loses Appeal of U.S. Ban on Killer Whale Contact": Andrew Zajac of Bloomberg News has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.

And at "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "SeaWorld Loses Appeal in Death of Killer Whale Trainer."

Circuit Judge Brett M. Kavanaugh's dissenting opinion begins:

Many sports events and entertainment shows can be extremely dangerous for the participants. Football. Ice hockey. Downhill skiing. Air shows. The circus. Horse racing. Tiger taming. Standing in the batter's box against a 95 mile per hour fastball. Bull riding at the rodeo. Skydiving into the stadium before a football game. Daredevil motorcycle jumps. Stock car racing. Cheerleading vaults. Boxing. The balance beam. The ironman triathlon. Animal trainer shows. Movie stunts. The list goes on.
Eugene Scalia had argued the appeal for SeaWorld.
Posted at 01:17 PM by Howard Bashman




"U.S. appeals court voids conviction in celebrity iPad hacking": Jonathan Stempel of Reuters has this report.

David Kravets of Ars Technica reports that "Appeals court reverses hacker/troll 'weev' conviction and sentence; Appeals court skirts Computer Fraud And Abuse Act analysis."

The Guardian (UK) reports that "Andrew Auernheimer's conviction over computer fraud thrown out; Lawyers for computer hacker nicknamed 'Weev' were racing to get him out of prison after circuit judge vacated his conviction."

At Wired.com's "Threat Level" blog, Kim Zetter has a post titled "Appeals Court Overturns Conviction of Imprisoned Hacker 'Weev.'"

Gerry Smith of The Huffington Post reports that "Hacker Weev's Chilling Conviction Is Overturned."

At the "Techdirt" blog, Leigh Beadon has a post titled "Appeals Court Reverses Weev Conviction For Incorrect Venue, Avoids Bigger CFAA Questions."

At TechCrunch, Matt Burns has a post titled "Weev Is Free."

And at "Gawker," Michelle Dean has a blog post titled "Andrew 'Weev' Auernheimer's Conviction Thrown Out."

My earlier coverage of today's Third Circuit ruling appears at this link.
Posted at 01:00 PM by Howard Bashman




"Virginia AG files brief supporting gay marriage": The Associated Press has this report.

You can view the brief, filed today in the U.S. Court of Appeals for the Fourth Circuit, at this link.

Update: In other coverage, The Richmond Times-Dispatch has a news update headlined "Herring files brief backing same-sex marriage decision."
Posted at 11:40 AM by Howard Bashman




Weev wins on appeal: The U.S. Court of Appeals for the Third Circuit today issued its ruling in United States v. Auernheimer.

According to the unanimous decision, "Because we conclude that venue did not lie in New Jersey, we will reverse the District Court's venue determination and vacate Auernheimer's conviction."
Posted at 11:28 AM by Howard Bashman




"Justice Alito Talking Baseball": Ed Whelan has this post today at National Review Online's "Bench Memos" blog.
Posted at 11:06 AM by Howard Bashman




"The Narrow (and Proper) Way for the Court to Rule in Hobby Lobby's Favor": Law professors Vikram David Amar and Alan E. Brownstein have this essay online today at Justia's Verdict.
Posted at 10:35 AM by Howard Bashman




"Gummy bear loses latest round in copyright fight": Apparently the court rejected its position as too squishy. The Associated Press has this report.
Posted at 10:28 AM by Howard Bashman




"Bopp doesn't always score at Supreme Court": Maureen Groppe has this article in today's edition of The Indianapolis Star.
Posted at 07:58 AM by Howard Bashman




"Has the Roberts court placed landmark 1964 civil rights law on a hit list?" John Blake of CNN.com has this report.
Posted at 07:56 AM by Howard Bashman




Thursday, April 10, 2014

"U.S. Supreme Court Justice Sotomayor talks about her memoir at Seton Hall": The Record of Hackensack, New Jersey has this report.
Posted at 10:23 PM by Howard Bashman




"NOLA.com | The Times-Picayune turns over information under court order": The Times-Picayune of New Orleans has this news update.
Posted at 10:22 PM by Howard Bashman




"Utah and same-sex marriage: Issues on appeal." Lyle Denniston has this post tonight at "SCOTUSblog."
Posted at 10:20 PM by Howard Bashman




"CIA's use of harsh interrogation went beyond legal authority, Senate report says": Ali Watkins, Jonathan S. Landay, and Marisa Taylor of McClatchy Washington Bureau today have a report that begins, "A still-secret Senate Intelligence Committee report calls into question the legal foundation of the CIA's use of waterboarding and other harsh interrogation techniques on suspected terrorists, a finding that challenges the key defense on which the agency and the Bush administration relied in arguing that the methods didn't constitute torture."
Posted at 10:14 PM by Howard Bashman




"U.S. Court Seems Split on Utah Gay Marriage Ban": Jack Healy will have this article in Friday's edition of The New York Times.
Posted at 08:24 PM by Howard Bashman




"Williams v. Johnson: A neglected cert petition on a very troubling issue." Will Baude has this post today at "The Volokh Conspiracy."

My original post noting the Ninth Circuit's ruling can be accessed here.
Posted at 04:55 PM by Howard Bashman




"We hold that the Sixth Amendment requires reasonable accommodations for hearing-impaired criminal defendants during judicial proceedings and that such accommodations must be commensurate with the severity of the hearing impairment." So ruled a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit in a decision issued today.
Posted at 04:45 PM by Howard Bashman




"SCOTUSblog on camera: Orin Kerr -- Part three." Perhaps it's time to start feeling sad, as only two parts of this interview remain after today's installment.
Posted at 04:22 PM by Howard Bashman




Access online the audio of today's oral argument of the U.S. Court of Appeals for the Tenth Circuit in Kitchen v. Herbert, No. 13-4178: Via this link (11.1MB mp3 audio file).
Posted at 02:57 PM by Howard Bashman




"Appeals court appears split on Utah's same-sex marriage case": Brooke Adams and Marissa Lang of The Salt Lake Tribune have this news update.

Kirk Mitchell of The Denver Post has a news update headlined "10th Circuit arguments on gay marriage ban focus on family and fairness."

Robert Barnes of The Washington Post reports that "Appeals court hears arguments on same-sex marriage ban."

Richard Wolf of USA Today reports that "Appeals court appears divided on same-sex marriage."

The Associated Press reports that "Judges hearing gay marriage case appear divided."

Joan Biskupic of Reuters reports that "Appeals court hears case testing gay-marriage rights."

Joel Rosenblatt and Andrew Harris of Bloomberg News report that "Utah Gay-Marriage Ban Questioned by U.S. Appellate Judges."

And Chris Geidner of BuzzFeed reports that "Federal Appeals Court Hears Arguments Over Utah's Same-Sex Marriage Ban; The three judges hearing the case heard more than an hour of arguments, with two of them leaning toward striking down the state's ban."
Posted at 01:25 PM by Howard Bashman




"U.S. legal fight over same-sex marriages enters new round": Joan Biskupic of Reuters has this report.

Andrew Harris and Joel Rosenblatt of Bloomberg News report that "Utah Gay-Marriage Appeal Seen as Supreme Court Rehearsal."

And Jack Healy of The New York Times has a news update headlined "Federal Court to Consider Utah Ban on Same-Sex Marriage."
Posted at 01:10 PM by Howard Bashman




"All eyes focused on the 10th Circuit Court": Dennis Romboy of The Deseret News has this report.

And Marissa Lang of The Salt Lake Tribune has an article headlined "Rainbow rally calls for equality on eve of same-sex marriage hearing; 10th Circuit Court will hear Utah case Thursday."

Today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit is scheduled to begin at noon eastern time in Denver.
Posted at 08:30 AM by Howard Bashman




Wednesday, April 9, 2014

"The Supreme Court Confirmation Process": Gerard N. Magliocca has this blog post today at "Balkinization."
Posted at 10:08 PM by Howard Bashman




"University challenges athlete unionization": Lyle Denniston has this post tonight at "SCOTUSblog."
Posted at 10:05 PM by Howard Bashman




"Miami Herald Protests New 'Culture Of Censorship' At Guantanamo": Ryan J. Reilly and Michael Calderone of The Huffington Post have this report.
Posted at 10:04 PM by Howard Bashman




"Utah asks appeals court to block judge's orders in adoption cases; Department of Health refused to issue new birth certificate for same-sex couple's child": Brooke Adams of The Salt Lake Tribune has this news update.
Posted at 09:57 PM by Howard Bashman




"Court: Ganim still can't practice law." The Connecticut Post of Bridgeport has a news update that begins, "Joseph Ganim might run for mayor again, but he'd have to do it without a law license."

Edmund H. Mahony of The Hartford Courant has a news update headlined "High Court Dashes Ganim's Efforts To Resume Law Practice."

And The Associated Press reports that "Ex-Bridgeport Mayor Ganim's bid for law license denied by Connecticut Supreme Court."

You can access today's ruling of the Supreme Court of Connecticut at this link.
Posted at 08:44 PM by Howard Bashman




"Supreme Court weighing when online speech becomes illegal threat; High court has never defined online 'speech crime'": David Kravets of Ars Technica has this report today.
Posted at 08:40 PM by Howard Bashman




"Gay marriage appeals move issue back toward high court": Richard Wolf of USA Today has this report.
Posted at 08:37 PM by Howard Bashman




"Comcast Points to Appeals Court Rulings at Hearing on Merger": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 08:14 PM by Howard Bashman




"5th Amendment trumps 1st in prosecution involving unnamed commenters": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.

Although yesterday the U.S. Court of Appeals for the Fifth Circuit issued an unpublished ruling denying The Times-Picayune's petition for writ of mandamus, today the newspaper has filed a motion asking the Fifth Circuit for a stay of the district court's order pending appeal.
Posted at 05:34 PM by Howard Bashman




"SCOTUSblog on camera: Orin Kerr -- Part two." If you weren't among the lucky few who got to visit with Orin in New Orleans earlier this week, you can now visit with him on YouTube, as "SCOTUSblog" has posted online at this link the second part of its five-part interview.
Posted at 05:17 PM by Howard Bashman




"Gangster rap lyrics stir debate at NJ Supreme Court": The Newark Star-Ledger has this news update.

Sometime soon, the video of today's New Jersey Supreme Court oral argument should be available for on-demand viewing via this link.
Posted at 05:14 PM by Howard Bashman




"Hillary Clinton knocks Supreme Court's campaign finance decisions": CNN.com has this blog post.
Posted at 05:10 PM by Howard Bashman




"Are Court Stenographers Necessary?" The New York Times has posted online this "Room for Debate" discussion.
Posted at 04:18 PM by Howard Bashman




"Kasich says state should fight gay-marriage ruling": The Columbus (Ohio) Dispatch has this report.
Posted at 04:16 PM by Howard Bashman




"Same-sex marriage battle escalates to force Supreme Court decision on constitutionality": Robert Barnes of The Washington Post has this news update.
Posted at 04:12 PM by Howard Bashman




"The High Cost of Free Speech": Thomas B. Edsall has this essay online today at The New York Times.
Posted at 02:15 PM by Howard Bashman




Recently arrived in the mail: Today's mail contained a review copy of professor Austin Sarat's book, "Gruesome Spectacles: Botched Executions and America's Death Penalty."

And a few days ago, I received the newly revised Second Edition of Ross Guberman's book, "Point Made: How to Write Like the Nation's Top Advocates."
Posted at 02:11 PM by Howard Bashman




"Wild-card 10th Circuit judge is deciding vote in gay marriage cases": This article appeared in Sunday's edition of The Denver Post.
Posted at 01:34 PM by Howard Bashman




"Two moms, a baby and a legal first for U.S. gay marriage": Joan Biskupic of Reuters has a report that begins, "Last month a baby in Tennessee made history: Emilia Maria Jesty was the first child born in the state to have a woman listed on the birth certificate as her 'father.'"
Posted at 01:11 PM by Howard Bashman




"Gay marriage's win streak tested in higher court": The Associated Press has a report that begins, "The gay marriage movement's winning streak faces its greatest test yet in Denver this week."
Posted at 01:10 PM by Howard Bashman




"In this case the EEOC sued the defendants for using the same type of background check that the EEOC itself uses." So begins a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 01:02 PM by Howard Bashman




"Supreme Court to Decide Whether All Evidence Supporting Removal Under the Class Action Fairness Act Must Be Submitted With The Notice of Removal": Donald Falk has this post at Mayer Brown's "Class Defense" blog.
Posted at 09:46 AM by Howard Bashman




"Unofficial Enforcer of Ruling on Race in College Admissions": Adam Liptak had this new installment of his "Sidebar" column in yesterday's edition of The New York Times.
Posted at 09:44 AM by Howard Bashman




"Prosecutor will appeal need for warrant for GPS": The Columbus (Ohio) Dispatch has this report.
Posted at 09:42 AM by Howard Bashman




"Denver appeals court to hear arguments on Utah's same-sex ban; Utah is appealing a federal judge's ruling that Amendment 3 is unconstitutional": Brooke Adams has this article in today's edition of The Salt Lake Tribune.
Posted at 08:10 AM by Howard Bashman




"Violent rap lyrics to take center stage at NJ Supreme Court": The Newark Star-Ledger has this report. Only time will tell whether this will spur other appellate courts to play walk-on music as the judges or justices take the bench.
Posted at 08:07 AM by Howard Bashman




Tuesday, April 8, 2014

"Don't rush to judge Supreme Court on gay rights or religious rights": Michael McGough has this essay online at The Los Angeles Times.
Posted at 10:44 PM by Howard Bashman




"SCOTUSblog on camera: Orin Kerr -- Part one." "SCOTUSblog" has posted online this video today, the first in a five-part series.
Posted at 10:16 PM by Howard Bashman




"Injunction granted in court fight over new Arizona abortion rules": Howard Fischer of The Arizona Daily Star has this news update.

And The Associated Press reports that "Court extends stay on new Arizona abortion rules."

You can access today's order of a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:12 PM by Howard Bashman




"John Roberts gets the parties started": Jake Sherman and Anna Palmer of Politico.com have this report today.
Posted at 10:08 PM by Howard Bashman




"'Copyright troll' Prenda Law completely bombs at appeals court; Appellate judge is shocked as Prenda's own lawyer can't unwind the 'shell game'": Joe Mullin of Ars Technica has this report.

My earlier coverage of yesterday's Seventh Circuit oral argument (5.56MB mp3 audio file) appears at this link.
Posted at 10:05 PM by Howard Bashman




"U.S. defends cross, but urges delay": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 10:02 PM by Howard Bashman




"Sotomayor Stresses Relationships, Public Service in Georgetown Talk": Georgetown University posted online last week this report with accompanying video.
Posted at 10:00 PM by Howard Bashman




"Same-sex marriage advocates making more noise than traditional marriage supporters": Dennis Romboy of The Deseret News has this report.
Posted at 09:56 PM by Howard Bashman




"Florida Supreme Court will define sex": The Florida Times-Union of Jacksonville has this report today.
Posted at 09:55 PM by Howard Bashman




"Obama admin, company align against N.C. dump's neighbors in Supreme Court showdown": Jeremy P. Jacobs of Greenwire has this report.
Posted at 09:54 PM by Howard Bashman



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