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Saturday, January 21, 2012 "Iowa high court ruling reflects debate on homeowners' rights in police searches; But the decision leaves a Polk County case involving a drug hunt unchanged": The Des Moines Register today contains an article that begins, "Iowa Supreme Court justices Friday unleashed 61 pages of written debate about the right of homeowners to consent or refuse police searches but left unchanged a Polk County case that had mixed results for police who searched for drugs in an Ankeny mobile home. The ruling prompted two justices to argue that Iowa should have a rule requiring law enforcement officials to tell homeowners that they can decline police permission to search their dwelling." You can access yesterday's ruling of the Supreme Court of Iowa at this link. "Court rules D.A. can't recoup salary costs in cadaver case": Joseph A. Slobodzian has this article today in The Philadelphia Inquirer. You can access Thursday's ruling of the Supreme Court of Pennsylvania at this link. "Justice Joan Orie Melvin says she will hear redistricting appeal": The Pittsburgh Tribune-Review has this news update. Posted at 01:55 PM by Howard Bashman "Scalia and Thomas: Who Cares If Your Lawyer Abandons You on Death Row? Fortunately, the rest of their colleagues disagree." Adam Serwer has this blog post online at Mother Jones. Posted at 01:54 PM by Howard Bashman "The Affirmative Action War Goes On": This editorial will appear Sunday in The New York Times. Posted at 01:35 PM by Howard Bashman "A Supreme Obamacare test": Columnist George F. Will has this op-ed in The Washington Post. Posted at 01:30 PM by Howard Bashman "Occupiers wag fingers at Supreme Court over political donation rule": This article appears today in The Washington Post. The Pasadena Star-News reports today that "Pasadena protest takes aim at Citizens United." The Sacramento Bee reports that "Protesters occupy federal courthouse over campaign finance ruling." The Press-Enterprise of Riverside, California reports that "Protesters mark second anniversary of Citizens United." And The Oregonian reports that "Occupy the Courts rally in Portland lambasts law giving corporations 'personhood.'" "Reversal of sonogram law not likely in Sparks' court, he says": In today's edition of The Austin American-Statesman, Chuck Lindell has an article that begins, "U.S. District Judge Sam Sparks made it clear Friday that opponents of the state's new pre-abortion sonogram requirement have little hope of overturning the law in his court. Sounding resigned during an afternoon hearing, Sparks noted that a federal appeals court forcefully overruled his August opinion that found the law unconstitutional, leaving no room for the challenge to proceed." And today's edition of The San Antonio Express-News contains an article headlined "Judge: Sonogram law likely to stand." "Supreme Court Ruling Gives GOP an Edge in Texas": Jess Bravin and Nathan Koppel have this article today in The Wall Street Journal. The Fort Worth Star-Telegram reports today that "Texas' court-drawn redistricting maps are thrown out." The Dallas Morning News reports that "Supreme Court throws out court-drawn Texas redistricting maps." The Austin American-Statesman reports that "Supreme Courts rejects Texas' interim district maps." Warren Richey of The Christian Science Monitor reports that "Supreme Court tells Texas judges to do a better job on election maps; Saying federal judges in Texas exceeded their authority in rejecting election districts drawn by the Republican-controlled Legislature, the Supreme Court instructed the judges to find remedies closer to the state's maps." On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "High Court Orders Redo Of Texas Redistricting Plan." And yesterday evening's broadcast of The PBS NewsHour contained a segment entitled "Supreme Court Ruling on Texas Electoral Maps 'Huge Setback' for Democrats." "Justices spar at USC over Constitution, the court, the law": This article appears today in The State newspaper of Columbia, South Carolina, along with an article headlined "Graham facilitates Supreme Court justices' visit." Posted at 11:45 AM by Howard Bashman "Gableman says he won't recuse himself from disputed cases": Patrick Marley has this article today in The Milwaukee Journal Sentinel. The Associated Press reports that "Gableman won't recuse himself from high-profile disputed cases." And Bloomberg News reports that "Wisconsin High Court Judge Won't Step Back From Union Case." "Kansas Law on Sodomy Stays on Books Despite a Cull": A.G. Sulzberger has this article today in The New York Times. Posted at 10:04 AM by Howard Bashman Friday, January 20, 2012 "U.S. appeals court says sex offenders have right to libraries": Reuters has a report that begins, "A federal appeals court ruled on Friday that a policy barring registered sex offenders from public libraries in Albuquerque, New Mexico, was unconstitutional, a decision that could have reverberations across the nation." You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link. "Court favors families in Bulger case": The Boston Globe has a news update that begins, "A federal appeals court today upheld million-dollar judgments in favor of families of James 'Whitey' Bulger's alleged murder victims, finding that the government was liable for the deaths because of the FBI's corrupt relationship with the gangster." The U.S. Court of Appeals for the First Circuit today issued two related rulings in the matter, and you can access the rulings here and here. "Nourse asks Obama to withdraw her nomination to federal appeals court": Bruce Vielmetti has this post at the "Proof & Hearsay" blog of The Milwaukee Journal Sentinel. Posted at 05:32 PM by Howard Bashman "Roe v. Wade Still Under Siege, 39 Years Later": Laura Bassett and Mike Sacks of The Huffington Post have this report. Posted at 05:30 PM by Howard Bashman "Chevron Loses Another Bid to Block $18 Billion Ecuador Award": Bloomberg News has this report. Reuters reports that "Chevron appeals $18 billion ruling in Ecuador lawsuit." And Alison Frankel's "On the Case" from Thomson Reuters News & Insight reports that "Chevron's options to evade $18 billion judgment narrowing." "Multistate personhood push kindles abortion debate": The Associated Press has this report. Posted at 05:23 PM by Howard Bashman "Justices' Texas Redistricting Ruling Likely to Help G.O.P." Adam Liptak of The New York Times has this news update. Robert Barnes of The Washington Post has a news update headlined "Supreme Court sides with Texas on redistricting plan." David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court gives a win to Texas GOP on congressional lines." Joan Biskupic of USA Today has a news update headlined "Supreme Court throws out judge-drawn Texas electoral maps." Michael Doyle of McClatchy Newspapers reports that "Supreme Court says 'grounds for concerns' with Texas redistricting maps." The San Antonio Express-News has an update headlined "Supreme Court sends redistricting maps back to lower court." Mike Sacks of The Huffington Post has an article headlined "Texas Redistricting: Supreme Court Throws Out Judge-Drawn Electoral Maps." Ariane de Vogue of ABC News has a blog post titled "Supreme Court Ruling Favors Texas in Redistricting." And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court Sends Redistricting Case Back to Texas." "Appeals court rejects appeal by Abramoff partner": 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 11:50 AM by Howard Bashman "Photo-happy judge adds Marley, ostrich to opinions": Terry Baynes of Reuters has this very interesting report, which features interviews with Seventh Circuit Judge Richard A. Posner and some critics of his opinions containing photographs. According to the article, "The pictorial flourishes haven't exactly outraged the bar or prompted a soul-searching national legal debate, but they have raised a few questions. For one, what are the copyright implications of reproducing images lifted from the Internet?" "Voting Maps for Texas Set Aside by High Court": Greg Stohr of Bloomberg News has this report. And James Vicini of Reuters reports that "Supreme Court rejects judge-drawn Texas election maps." Access online today's per curiam ruling of the U.S. Supreme Court in Perry v. Perez, No. 11-713: The Court has posted the ruling at this link. Justice Clarence Thomas issued an opinion concurring in the judgment. You can access the oral argument via this link. In early news coverage, The Associated Press reports that "Court throws out judge-drawn Texas electoral maps." And at "SCOTUSblog," Lyle Denniston has a post titled "Court rejects interim Texas maps." From today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "SuperPACs Grow 2 Years After Citizens United Case" and "Stephen Colbert Wants You To Know: That's Definitely Not His SuperPAC." Posted at 09:54 AM by Howard Bashman "Colbert Super PAC -- John Paul Stevens: Retired Supreme Court Justice John Paul Stevens expounds on his dissenting opinion in the Citizens United case." You can access the video of the interview from last night's broadcast of The Colbert Report by clicking here. Posted at 09:44 AM by Howard Bashman "Supreme Court ruling confuses religious workers": The Associated Press has this report. Posted at 09:41 AM by Howard Bashman "Court rules people can sue if privacy violated": In today's edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, "Paparazzi, underhanded spouses and sneaky private investigators have much to fear from a ground-breaking decision that gives individuals a legal weapon against intrusions into their privacy. Experts say the Ontario Court of Appeal judgment that created a right to sue for 'intrusion upon seclusion' will send a chill through anyone who snoops, hacks or uses confidential information to create mischief." The newspaper also contains an editorial entitled "Digital intruders have been warned." And The Toronto Star reports that "Ontario appeal court allows lawsuits for invasion of privacy." You can access Wednesday's ruling of the Court of Appeal for Ontario at this link. "Not in my state! N.J. court rules towns can reject adult entertainment, citing locations in other states." This article appears today in The Newark Star-Ledger. And The Asbury Park Press reports today that "Dispute over nude nightclub may go to Supreme Court." You can access yesterday's ruling of the Supreme Court of New Jersey at this link. "Texas water district seeks U.S. Supreme Court review of lawsuit against Oklahoma; A large Texas water district Thursday asked the U.S. Supreme Court to review an appellate court decision upholding Oklahoma laws that restrict the exportation of stream water": The Oklahoman contains this article today. And today's edition of The Fort Worth Star-Telegram contains an article headlined "Fight for Oklahoma water goes to Supreme Court." "Georgia Supreme Court justice calls for judicial overhaul; Judicial system needs overhaul, official says": This article appears today in The Augusta Chronicle. Posted at 08:22 AM by Howard Bashman "'Occupy Courts' to hit Citizens United": Politico.com has this report. And in today's edition of The Washington Post, law professor Kent Greenfield has an op-ed entitled "How to make the 'Citizens United' decision worse." Thursday, January 19, 2012 "Supreme Anxiety: Do controversial court decisions really inspire the backlash liberals fear?" Law professors David Fontana and Donald Braman will have this article in the February 2, 2012 issue of The New Republic. Their article, available online from SSRN, is titled "Judicial Backlash or Just Backlash? Evidence from a National Experiment" and will appear in the May 2012 issue of the Columbia Law Review. "Defying city, attorney asks Supreme Court to hear SPD tasing case": The Seattle Times has a news update that begins, "Ignoring Seattle Police Chief John Diaz, a private attorney hired by the city to defend three officers who were sued after they repeatedly tased a pregnant woman during a 2004 traffic stop has asked the U.S. Supreme Court to hear the case. In an extraordinary response, the city has informed the attorney, Ted Buck, that he was not authorized to ask the high court to take the case on appeal, and that the city won't pay the costs of pursuing it." Posted at 11:26 PM by Howard Bashman "1st Circuit upholds NH tax evaders' convictions": The Associated Press has a report that begins, "A New Hampshire couple convicted of amassing an arsenal of weapons and holding marshals at bay for nine months after conviction for tax evasion will remain behind bars." You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link. "Activists lose 'Occupy the Courts' protest bid": Reuters has this report. Friday's edition of The New York Times will contain an article headlined "Judge Says Protesters Can't Rally at Courthouse." Friday's edition of The New York Daily News will contain an article headlined "Occupy the Courts gives up legal fight to protest at Manhattan Federal Court; Occupy Wall Street splinter group says it will demonstrate against corporate political donations in Zuccotti Park instead." And Bloomberg News reports that "'Occupy' Group Loses Bid to Compel U.S. to Issue Courthouse Rally Permit." "Judge denies requests for new Komisarjevsky trial, acquittal": This article appears today in The New Haven Register. And The Hartford Courant reports that "Komisarjevsky Motion For New Trial, Acquittal Denied; Judge Rules From Bench; In Similar Hayes Motion He Issued A 12-Page Ruling." "Amid SOPA debate, SCOTUS gives Congress broad copyright power": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. Posted at 05:40 PM by Howard Bashman "Appeals court hears challenge to Voting Rights Act": The Associated Press has this report. And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Appeals Court Examines Constitutionality Of Voting Rights Act Provision." "Foreign Copyrights Upheld; Court Backs Reciprocal International Protection for Previously Public Material": Brent Kendall and Jess Bravin have this article today in The Wall Street Journal. Posted at 04:20 PM by Howard Bashman "Scalia defends originalist view of Constitution": Mark Sherman of The Associated Press has this report. Posted at 04:17 PM by Howard Bashman "Supreme Court Overturns 'Right v. Wrong'": This article appears in the current issued of The Onion. Posted at 04:16 PM by Howard Bashman "Death-Row Defendant Can Proceed With Appeal": Jess Bravin and Joanna Chung have this article today in The Wall Street Journal. Posted at 11:15 AM by Howard Bashman "Supreme Court grants death row inmate chance for new appeal; Justices in a 7-2 decision say that Alabama death row inmate Corey Maples was 'abandoned' by his two lawyers who left their firm without telling him and missed a deadline to file his appeal": David G. Savage has this article today in The Los Angeles Times. In today's edition of The Birmingham News, Mary Orndorff has an article headlined "U.S. Supreme Court says paperwork mishap cannot block death row appeal." The Decatur (Ala.) Daily reports that "US Supreme Court restores appeal rights of Morgan murderer." And Ariane de Vogue of ABC News has a blog post titled "Supreme Court: Death Row Inmate Abandoned by Elite Law Firm Entitled to New Hearing." "Supreme Court: Congress within bounds on foreign copyrights." Joan Biskupic has this article today in USA Today. And The Denver Post reports today that "Supreme Court nixes Denver professor's suit over copyright protection for foreign works." "U.S. Supreme Court rejects student-suspension case with NEPA roots": This article appears today in The Scranton Times-Tribune. Posted at 08:26 AM by Howard Bashman Wednesday, January 18, 2012 "Justices Rule for Inmate After Mailroom Mix-Up": Adam Liptak will have this article Thursday in The New York Times. Mary Orndorff of The Birmingham News has an update headlined "U.S. Supreme Court rules in favor of Alabama Death Row inmate Cory Maples." On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "High Court Sides With Man Abandoned By Attorneys." And David G. Savage of The Los Angeles Times has a blog post titled "Supreme Court: Alabama death row inmate gets new chance to appeal." "Public Domain Works Can Be Copyrighted Anew, Supreme Court Rules": Adam Liptak will have this article Thursday in The New York Times. And Robert Barnes of The Washington Post has a news update headlined "Supreme Court: Copyright can be extended to foreign works once in public domain." "Court asked to reconsider ruling on bone marrow compensation": Carol J. Williams of The Los Angeles Times has this blog post. Posted at 09:06 PM by Howard Bashman "NJ high court weighs Mexican telephone testimony": The Associated Press has this report. Earlier, The Asbury Park Press previewed the oral argument in an article headlined "N.J. Supreme Court to to consider appeal via pay phone from Mexico." "Cory Maples Should Not Face Death Penalty Due To Mailroom Mix-Up, Supreme Court Rules": Mike Sacks of The Huffington Post has this report. Posted at 04:09 PM by Howard Bashman "Copyrights on Foreign Works Upheld by U.S. Supreme Court": Greg Stohr of Bloomberg News has this report. Bill Mears of CNN.com reports that "Justices allow copyrights on foreign works." And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Supreme Court Says Congress May Re-Copyright Public Domain Works." "Justices side with death row inmate abandoned by counsel": Joan Biskupic of USA Today has this news update. Robert Barnes of The Washington Post has a news update headlined "Supreme Court: Alabama death-row inmate Cory Maples should get new hearing." Greg Stohr of Bloomberg News reports that "U.S. Supreme Court Sides With Death-Row Inmate on Law Firm Mailroom Error." And James Vicini of Reuters reports that "Death row inmate wins missed deadline case." "Supreme Court upholds copyright law for famous foreign works": James Vicini of Reuters has this report. And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: The public domain shrinks." "Government Brief in Hamdan: The Looming Article III Problem..." Steve Vladeck has this post at the "Lawfare" blog, which has made the brief available at this link. Posted at 11:18 AM by Howard Bashman "Paul Clement at Center of Supreme Court's Blockbuster Cases": Ariane de Vogue of ABC News has this report. Posted at 11:09 AM by Howard Bashman "Komisarjevsky Motion For New Trial, Acquittal Denied": The Hartford Courant has this news update. And The Associated Press reports that "Judge rejects Conn. home invasion retrial request." Access online today's decisions of the U.S. Supreme Court in argued cases: The Court today issued three rulings in argued cases. 1. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Maples v. Thomas, No. 10-63. Justice Samuel A. Alito, Jr. issued a concurring opinion. And Justice Antonin Scalia issued a dissenting opinion, in which Justice Clarence Thomas joined. You can access the oral argument via this link. 2. Justice Ginsburg delivered the opinion of the Court in Golan v. Holder, No.10-545. Justice Stephen G. Breyer issued a dissenting opinion, in which Justice Alito joined. Justice Elena Kagan did not participate in the ruling. You can access the oral argument via this link. 3. And Justice Ginsburg delivered the opinion for a unanimous Court in Mims v. Arrow Financial Services, LLC, No. 10-1195. You can access the oral argument via this link. In early news coverage, The Associated Press reports that "Supreme Court upholds copyright law"; "Court orders new hearing for Ala. death row inmate"; and "Court lets telemarketers be sued in federal court." "Court Weighs Protections for Lawyers of Cities": Adam Liptak has this article today in The New York Times. You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Filarsky v. Delia, No. 10-1018. "Affirmative-Action Foe Is Facing Allegations of Financial Misdeeds": Charlie Savage has this article today in The New York Times. And The Sacramento Bee reports today that "Connerly financial misdeeds alleged in letter." "U.S. Supreme Court declines Forsyth County prayer appeal": The Winston-Salem Journal contains this article today, along with an editorial entitled "The Supreme Court rightly declines to hear prayer-fight appeal, ending a losing battle." And Bill Mears of CNN.com reports that "High court rejects appeals on public prayers, student speech." "U.S. Supreme Court won't hear appeals in students' online rants": This article appears today in The Pittsburgh Post-Gazette. The Pittsburgh Tribune-Review reports today that "High court fails to act in off-campus speech cases." In today's edition of The Allentown Morning Call, Peter Hall reports that "Supreme Court backs kids' Internet speech; Appeal asked justices to define schools' reach in discipline for disruptive posts." Warren Richey of The Christian Science Monitor has an article headlined "Does First Amendment protect students' online speech off-campus? The Supreme Court declined to take up Tuesday three potentially important test cases of the First Amendment of students engaged in controversial speech on the Internet." Nina Totenberg of NPR reports that "High Court Lets Stand Trio Of First Amendment Cases." At Wired.com's "Threat Level" blog, David Kravets has a post titled "Supreme Court Rejects Student Social-Media Cases." And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Supreme Court Declines Cases on Student Internet Speech." "Reformers call for Supreme Court Justice Joan Orie Melvin to step aside": The Patriot-News of Harrisburg, Pennsylvania has this report. The Pittsburgh Post-Gazette reports that "Groups call on Justice Melvin to resign." The Pittsburgh Tribune-Review has articles headlined "Reformers seek Supreme Court Justice Orie Melvin recusal" and "Orie sisters' retrial delayed 2 weeks; Feb. 27 start eyed." And today's edition of The Philadelphia Inquirer contains an editorial entitled "Supreme Court justice needs to step aside." "U.S. Judge Won't Delay Madoff-Mets Trial for Trustee's Immediate Appeal": Bloomberg News has this report. The New York Times reports today that "Mets Owners Can Look Forward to Trial During Spring Training." The New York Daily News reports today that "U.S. District judge turns away appeal from Irving Picard, trustee for the victims of Bernie Madoff in suit against NY Mets owners; Jed S. Rakoff limits financial liability of Wilpons in Madoff lawsuit." The Associated Press reports that "NY judge blocks immediate appeal by Madoff trustee." And Reuters reports that "Judge rejects Madoff trustee appeal in Mets case." Tuesday, January 17, 2012 "Philip Morris agrees to pay Oregon $56 million in punitive damages in Jesse Williams' death": The Oregonian has a news update that begins, "Tobacco maker Philip Morris has agreed to pay $56 million in punitive damages and interest to the state of Oregon, finally ending a 14-year battle over damages in the death of a Portland smoker." Posted at 11:10 PM by Howard Bashman "'Occupy the Courts' rally stymied in Manhattan": Reuters has a report that begins, "A federal agency has denied protesters a permit to hold a rally in front of the federal courthouse in lower Manhattan, days before an 'Occupy the Courts' protest planned for Friday at courthouses across the country." Additional information about the protests planned for this Friday can be accessed here. Greg Stohr of Bloomberg News is reporting: He has articles headlined "Prayer Cases Turned Away by U.S. Supreme Court Justices"; "Finra's Legal Immunity Won't Be Questioned by U.S. High Court"; "Dart's Fund May Get Top Court Review on Argentine Judgment"; and "CenturyLink Settlement of $90 Million Case Signaled by Court." Posted at 05:38 PM by Howard Bashman James Vicini of Reuters is reporting: He has articles headlined "Supreme Court rejects prayer, student Internet cases" and "Supreme Court won't hear FINRA immunity case." Posted at 05:33 PM by Howard Bashman "Wal-Mart seeks end to refiled gender-bias lawsuit": Dan Levine of Reuters has a report that begins, "Women who refiled a gender discrimination lawsuit against Wal-Mart Stores Inc have failed to come to grips with the landmark U.S. Supreme Court decision that ended their nationwide class action against the company, Wal-Mart argued in a court filing." Posted at 05:32 PM by Howard Bashman "Supreme Court agrees to request by PCN to televise redistricting hearing live": The Administrative Office of Pennsylvania Courts today issued a news release that begins, "The Supreme Court of Pennsylvania today announced that the Pennsylvania Cable Network (PCN) will be televising live its Jan. 23 oral argument session on the state's legislative redistricting plan." Posted at 05:07 PM by Howard Bashman "USS Cole bombing suspect back before Guantanamo tribunal": Carol Rosenberg of The Miami Herald has this news update. Posted at 11:58 AM by Howard Bashman "Military lawyers blast Guantanamo mail search as violating rights, ethics": Carol Rosenberg of The Miami Herald has an article that begins, "Military lawyers for Guantanamo detainees who could someday be put to death are accusing the new prison commander of censoring protected attorney-client documents, raising a new legal controversy that spotlights ongoing concern about the fairness of possible military trials." And at the "Lawfare" blog, Benjamin Wittes and Ritika Singh have a post titled "Nashiri Motions Hearing Preview." Wittes and Singh will provide additional coverage of the hearing (including this very recent post) throughout the day. "U.S. gun industry appeals new rifle reporting rules": Reuters has this report. Posted at 10:24 AM by Howard Bashman Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. There are no new grants of review. The Court called for the views of the Solicitor General in two cases. In recognition of the large number of law librarians who read this blog, I must note that today's Order List concludes with the following order: It is ordered that Linda S. Maslow be appointed Librarian of the Court to succeed Judith Ann Gaskell, effective at the commencement of business January 17, 2012, and that she take the oath of office as required by statute.No word yet on who administers the librarian oath of office at the Court. The Court's former librarian, Ms. Gaskell, began serving in that post on August 11, 2003. In early news coverage of today's orders, The Associated Press reports that "Court rejects appeals in student speech cases"; "Court rejects appeal over prayer at public meeting"; "Court won't review congressional immunity defense"; and "Court won't review ruling on tipped employees." And at "SCOTUSblog," Lyle Denniston has a post titled "Government prayer cases passed up." "Disgraced journalist Stephen Glass deserves a second chance": Columnist Dan Walters has this op-ed today in The Sacramento Bee. Posted at 07:50 AM by Howard Bashman "Affirmative action suit gets Brown's support": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "More than 15 years after California voters approved a ban on affirmative action based on race or gender preferences, a new challenge to Proposition 209 has reached a federal appeals court -- and the challengers this time include Gov. Jerry Brown." Posted at 07:48 AM by Howard Bashman Monday, January 16, 2012 "Casino Owner's Gingrich Gift Shreds Court's Logic": Law professor Noah Feldman has this essay online at Bloomberg News. Posted at 09:24 PM by Howard Bashman "Supreme Court to take up case of Miami man vs. drug-sniffing dogs": The Palm Beach Post has this news update. Posted at 08:30 PM by Howard Bashman "Latif Cert Petition Filed": Benjamin Wittes had this post Friday night at the "Lawfare" blog. Posted at 02:06 PM by Howard Bashman "Bigfoot has free speech rights in NH, too -- on Mount Monadnock, at least": This article appeared Saturday in The Nashua Telegraph. The Keene Sentinel on Friday had a news update headlined "'Bigfoot' wins appeal; Case involved Mt. Monadnock." And The Associated Press reports that "N.H. court upholds Bigfoot's free speech rights." You can access last Friday's ruling of the Supreme Court of New Hampshire at this link. "Perry appeals judge's ruling on Va. primary ballot": The Associated Press has this report. Bloomberg News reports that "Perry Files Emergency Request to Get on Virginia Republican Primary Ballot." And at Politico.com, Josh Gerstein has a blog post titled "Rick Perry, Newt Gingrich appeal for slots on Virginia ballot." "On health reform, the election will matter more than SCOTUS": Politico.com has this report. Posted at 08:12 AM by Howard Bashman Sunday, January 15, 2012 "College diversity at risk": Lee C. Bollinger will have this op-ed Monday in The Washington Post. Posted at 11:32 PM by Howard Bashman "Ohio taking death penalty case to US Supreme Court": The Associated Press has this report. Posted at 10:50 PM by Howard Bashman "Supreme Court to decide Chowchilla inmate's fate": Michael Doyle had this article yesterday in The Fresno Bee. Posted at 11:12 AM by Howard Bashman "U.S. Supreme Court upholds Nashua conviction despite debate over reliability of eyewitness testimony": This article appeared yesterday in The Nashua (N.H.) Telegraph. Posted at 11:10 AM by Howard Bashman "Dropping the 'F bomb' on your principal": Michael Kirkland of UPI has this report. And in today's edition of The Los Angeles Times, David G. Savage reports that "Supreme Court to consider educators' response to cyber-bullying; Two principals targeted in MySpace attacks suspended the involved students, who sued on grounds of free speech and won; The issue has now been taken to the high court." Friday, January 13, 2012 "First challenge on new Obama appointees": Lyle Denniston has this post at "SCOTUSblog." Posted at 10:50 PM by Howard Bashman "Nevada State Bar Investigating Copyright-Troll Righthaven": David Kravets has this post at Wired.com's "Threat Level" blog. Posted at 10:47 PM by Howard Bashman "Court keeps execution on hold for Ohio killer of 2": The Associated Press has this coverage of an order that a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this afternoon. Posted at 06:20 PM by Howard Bashman "In Shift, New Jersey Senator Says He'll Back Court Pick": The New York Times has a news update that begins, "Reversing himself in what had become an awkward intraparty stalemate for Democrats, Senator Robert Menendez of New Jersey said Friday that he would no longer block a nominee by President Obama to a federal appeals court." Posted at 06:17 PM by Howard Bashman "Anti-union group challenges recess appointments": The Associated Press has this report. And Reuters reports that "U.S. business group steps up challenge on labor appointments." In Bashman news from Minnesota: The Pioneer Press of St. Paul has a news update headlined "Women bash man with iron and picture frame, St. Paul police say." Posted at 04:15 PM by Howard Bashman "Court revives suit over prisoner's dreadlocks": Terry Baynes of Reuters has this report. My earlier coverage of today's Seventh Circuit ruling appears at this link. "'Son of Boss' crackdown lands in Supreme Court": Reuters has this report. Posted at 02:05 PM by Howard Bashman "Three new cases granted": Lyle Denniston has this post at "SCOTUSblog." You can access today's Order List of the U.S. Supreme Court at this link. "Judicial Nominations and Confirmations after Three Years--Where Do Things Stand?" The Brookings Institution today has posted online this paper written by Russell Wheeler. Posted at 01:15 PM by Howard Bashman Judge Posner issues free exercise opinion on prisoner dreadlocks, complete with Bob Marley picture: Circuit Judge Richard A. Posner issued this decision today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit. Posted at 12:11 PM by Howard Bashman "Acura owners elsewhere can't join California suit": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court rejected a nationwide class-action suit against U.S. manufacturers of Honda Acuras on Thursday in a ruling that restricts multistate consumer lawsuits against California companies." And Reuters reports that "Class-action versus American Honda thrown out." You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. "Don't like Gableman? Try Gundrum." This editorial appears today in The Wisconsin State Journal. Posted at 11:00 AM by Howard Bashman "This case turns on whether a government agency may provide employees with free bottled water even when safe and drinkable water is available from water fountains at their work sites." So begins an opinion that the U.S. Court of Appeals for the D.C. Circuit issued today. Posted at 10:42 AM by Howard Bashman "Justice Calls Recess, Part 2": Timothy Noah has this blog post online at The New Republic. And at The Weekly Standard, Adam J. White has a blog post titled "Weak Justification for Executive Overreach." "Bob Menendez to Meet With Judicial Nominee He Blocked": Roll Call has this news update. The Newark (N.J.) Star-Ledger has an editorial entitled "U.S. Rep. Robert Menendez right to meet with blocked judge." And earlier this week, North Jersey Jewish News reported that "Blocked judge has roots in Jewish community; Obama nominee impressed her peers at Hebrew school." "Give consumers their day in court: A string of Supreme Court rulings in favor of companies that force wronged consumers into arbitration instead of allowing them to pursue lawsuits shows change is needed; A Senate bill aims to do that." Columnist David Lazarus has this essay today in The Los Angeles Times. Posted at 09:26 AM by Howard Bashman "Va. Supreme Court takes up climate case": Jim Nolan has this article today in The Richmond Times-Dispatch. Posted at 09:14 AM by Howard Bashman Thursday, January 12, 2012 "Va. Supreme Court hears dispute between Cuccinelli, UVa over climate researcher's documents": The Roanoke Times has this news update. And The Washington Times has a news update headlined "Virginia court hears Cuccinelli's defense of climate suit; Anti-fraud law cited for probe." "Justice Stevens Grades His Predecessor": Jess Bravin has this post at WSJ.com's "Law Blog." Posted at 04:02 PM by Howard Bashman "3rd Circuit Hears Why FSC's 2257 Case Shouldn't Be Dismissed": Mark Kernes of AVN News has a report from yesterday afternoon that begins, "At 9 o'clock this morning, the three-judge panel of the Third Circuit U.S. Court of Appeals, before beginning consideration of the appeal in Free Speech Coalition, et al v. Holder, made what observers described as an unusual announcement." You can access via this link the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit. "Memo Defends Obama on Recess Appointments": Charlie Savage of The New York Times has this news update. Pete Yost of The Associated Press reports that "Justice Dept says recent recess appointments legal." Seth Stern of Bloomberg News has an article headlined "Obama Has Recess Appointment Power: DOJ." Reuters reports that "U.S. Justice Dept backs legality of Obama appointments." And Josh Gerstein of Politico.com reports that "Obama recess appointments approved by Justice Department." "Obama Nominees Cool Heels as Divided Senate Stalls on Confirmation Votes": Bloomberg News has this report. Posted at 11:44 AM by Howard Bashman "Lawfulness of Recess Appointments During a Recess of the Senate Notwithstanding Periodic Pro Forma Sessions": The Office of Legal Counsel of the U.S. Department of Justice posted online this legal opinion today. Posted at 11:20 AM by Howard Bashman "Appeals arguments heard in Holocaust lawsuit against Hungary; Survivors argue that they should be allowed to seek compensation in U.S. court": This article appears today in The Chicago Tribune. You can access via this link the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit. "Fight escalates over legal mail at Guantanamo": The Associated Press has this report. Posted at 08:34 AM by Howard Bashman "Eyewitness Evidence Needs No Special Cautions, Court Says": Adam Liptak has this article today in The New York Times. Posted at 08:33 AM by Howard Bashman "U.S. Supreme Court Associate Justice Sotomayor to visit Hawaii": The Honolulu Star-Advertiser has this report. Posted at 08:32 AM by Howard Bashman "U.S. Supreme Court rules in favor of Redford Township church firing": The Detroit Free Press contains this article today. The Washington Times reports that "High court ruling landmark for religion; Justices allow firing of teacher by church in bias case brought by government." The Deseret News reports that "Supreme Court rejects Obama administration arguments in 'most important' religious freedom case." The New York Times reports today that "Religious Groups Greet Ruling With Satisfaction." Yesterday evening's broadcast of The PBS NewsHour contained a segment entitled "Supreme Court Upholds 'Ministerial Exception' From Anti-Bias Laws" featuring Marcia Coyle. From National Public Radio, yesterday evening's broadcast of "All Things Considered" contained an audio segment entitled "Justices Rule Ministers Exempt From Anti-Bias Laws" featuring Nina Totenberg. And on today's broadcast of "Morning Edition," Totenberg has an audio segment entitled "High Court Exempts Ministers From Anti-Bias Laws." And the University of Virginia School of Law has issued a news release headlined "Supreme Court Hands Victory to Church, Laycock; Cites Professors in Eyewitness Case." Update: In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Justices: Ex-Worker Can't Sue Church." "After Losing a Lawsuit, Taking Their Appeal to God": This article appears today in The New York Times. Posted at 08:10 AM by Howard Bashman "Federal judge orders 'immediate' removal of Cranston school prayer mural; appeal unlikely": The Providence (R.I.) Journal has this report. The newspaper has posted a copy of the ruling at this link. And The Associated Press reports that "Fed court orders RI school to remove prayer mural." Wednesday, January 11, 2012 "A Look At Gitmo, 10 Years Later": This audio segment featuring "How Appealing" reader Carol Rosenberg of The Miami Herald appeared on this evening's broadcast of NPR's "All Things Considered." And online at Slate, Dahlia Lithwick has a jurisprudence essay entitled "The Great Gitmo Blackout: The 10th anniversary of Guantanamo Bay and whether we should remember about forgetting." "Democratic legislator seeks Gableman's ouster": The Milwaukee Journal Sentinel has a news update that begins, "A Democratic legislator circulated a resolution Wednesday to remove state Supreme Court Justice Michael Gableman from office because he ruled on cases involving a law firm that provided him legal services without charging him for them." According to the article, "Gableman's new attorney [is] Viet Dinh of Washington, D.C." "Justice Joan Orie Melvin urged to depart in probe": The Pittsburgh Tribune-Review has this news update. Posted at 10:46 PM by Howard Bashman "High court urged to allow jury to decide alienation of affection case": This article appears today in The Rapid City Journal. Posted at 10:42 PM by Howard Bashman "Supreme Court declines to make it harder to introduce eyewitness testimony at trials": Robert Barnes will have this article Thursday in The Washington Post. In Thursday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Supreme Court rejects curbs on eyewitness testimony at trials; In an 8-1 decision, the high court says that judges should not be allowed to consider the reliability of all eyewitness testimony before trials." In Thursday's edition of USA Today, Joan Biskupic will have an article headlined "Judges don't have to screen witnesses, court rules." Warren Richey of The Christian Science Monitor reports that "Supreme Court says no to new rule on eyewitness testimony; The lawyer for a convicted New Hampshire man had asked the Supreme Court to establish an expanded rule to help prevent unreliable eyewitness testimony at criminal trials." James Vicini of Reuters reports that "Supreme Court rejects special review of eyewitness testimony." And Bill Mears of CNN.com reports that "Supreme Court backs eyewitness identification with 8-1 ruling." "9th Circuit asks state court to weigh in on Whopper spit suit": Terry Baynes of Reuters has this report. And SeattlePI.com reports that "Case of spit in cop's Whopper headed to state Supreme Court." My earlier coverage of today's Ninth Circuit order appears at this link. "Voting in Plain Sight": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times. Posted at 10:09 PM by Howard Bashman "Supreme Court wrestles with medical leave case": The Associated Press has a report that begins, "The Supreme Court wrestled Wednesday with how a federal law that grants workers time off for family and medical reasons applies to state government workers in a case that could affect millions of them." You can access at this link the transcript of today's U.S. Supreme Court oral argument in Coleman v. Court of Appeals of Md., No. 10-1016. "Several justices seem to support FCC decency rules": Tony Mauro has this news analysis online at the First Amendment Center. Posted at 03:32 PM by Howard Bashman  
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