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Tuesday, October 6, 2009 Nina Totenberg of National Public Radio is reporting: She has a written report headlined "High Court Weighs Legality Of Memorial Cross." The audio will appear on tomorrow's broadcast of "Morning Edition." And on this evening's broadcast of "All Things Considered," she had an audio segment entitled "High Court Hears Animal Cruelty Video Case" (RealPlayer required). "Supreme Court Hears First Amendment Case Involving Dogfight Videos": Adam Liptak will have this article Wednesday in The New York Times. Posted at 08:35 PM by Howard Bashman "New justice adept at getting a few words in edgewise": Joan Biskupic has this article today in USA Today. Posted at 08:22 PM by Howard Bashman "Supreme Court takes up case of cross on federal land; A white cross has stood in the Mojave National Preserve since 1934; On Wednesday, the Supreme Court will look at issues related to the First Amendment's separation of church of state": Warren Richey of The Christian Science Monitor has this report. At "SCOTUSblog," Lyle Denniston previews tomorrow's oral argument in a post titled "Salazar v. Buono: The cross in the desert." And in Wednesday's edition of The Wall Street Journal, Ted Cruz and Kelly Shackelford will have an op-ed entitled "War Memorials and the Constitution: Does the First Amendment really prohibit a cross on public land?" "This Case Is a Dog: The Supreme Court mauls the law banning animal-cruelty videos." Dahlia Lithwick has this Supreme Court dispatch online at Slate. Posted at 08:05 PM by Howard Bashman "High court debates dog fighting videos": Bill Mears of CNN.com has this report. Greg Stohr of Bloomberg News reports that "Animal Cruelty Law Questioned at U.S. Supreme Court." James Vicini of Reuters reports that "U.S. justices question animal cruelty video law." Warren Richey of The Christian Science Monitor reports that "Supreme Court questions animal cruelty law; Are dog-fighting videos free speech? Supreme Court justices Tuesday heard a case challenging a federal law covering depictions of animal cruelty." The Scripps Howard News Service reports that "Supreme Court weighs animal cruelty vs. free speech." And Jess Bravin of The Wall Street Journal has a news update headlined "Justices Express Concern Over Animal-Cruelty Law." "High Court Won't Block Release Of Priest Sex Abuse Documents": This article appears today in The Hartford Courant. Posted at 07:40 PM by Howard Bashman "Former R.I. chief justice Williams cited in divorce case involving his ex-driver": The Providence (R.I.) Journal has this news update, along with a related blog post titled "Johnston dad felt 'intimidated' by ex-RI chief justice." The newspaper has posted online two related court filings here and here. "Obama nominates 2 for appeals court openings": The Associated Press has this report. And The Providence (R.I.) Journal has a news update headlined "Obama nominates Thompson to First Circuit court." The White House today issued a news release headlined "President Obama Nominates Judge Denny Chin for United States Court of Appeals for the Second Circuit, Judge O. Rogeriee Thompson for United States Court of Appeals for the First Circuit." "Sex toy case doesn't pique high court interest": Greg Stohr of Bloomberg News has this report. My earlier coverage of the Federal Circuit's ruling appears at this link. "U.S. Supreme Court won't review Florida Pledge of Allegiance law; The U.S. Supreme Court refused to review a Florida law requiring students to recite the Pledge of Allegiance without a parent's note; But some Florida school districts don't enforce the law strictly": This article appears today in The Miami Herald. Posted at 04:33 PM by Howard Bashman "Court asks for Obama's stance on Healthy S.F." Bob Egelko has this article today in The San Francisco Chronicle. Posted at 04:20 PM by Howard Bashman "FBI Investigated Coder for Liberating Paywalled Court Records": At Wired.com's "Threat Level" blog, Ryan Singel has a post that begins, "When 22-year-old programmer Aaron Swartz decided last fall to help an open-government activist amass a public and free copy of millions of federal court records, he did not expect he'd end up with an FBI agent trying to stake out his house." Posted at 04:18 PM by Howard Bashman "Merritt on the Merits That No One Else Will Argue": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 04:15 PM by Howard Bashman "Bill would counter Supreme Court age bias ruling": The Associated Press has this report. Posted at 04:12 PM by Howard Bashman By a vote of 4-3, the Supreme Court of Pennsylvania has ruled that the Commonwealth's Trademark Counterfeiting Statute is unconstitutional because it criminalizes speech protected by the First Amendment: Yesterday's ruling consists of a majority opinion, a concurring opinion, and two dissenting opinions (here and here). In news coverage, The Associated Press reports that "Pa. high court overturns trademark protection law." "Supreme Court Skeptical of Law Criminalizing Animal Cruelty Depictions": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 03:30 PM by Howard Bashman "Obama's Gitmo blame game": At Politico.com, Josh Gerstein has a report that begins, "Greg Craig, the top in-house lawyer for President Barack Obama, is getting the blame for botching the strategy to shut down Guantanamo Bay prison by January -- so much so that he's expected to leave the White House in short order." Posted at 03:14 PM by Howard Bashman "Demjanjuk trial in Germany to start Nov. 30": The Associated Press has this report. Posted at 03:04 PM by Howard Bashman "First-Day Recusals From the Supreme Court": Tony Mauro has this post today at "The BLT: The Blog of Legal Times." Posted at 01:54 PM by Howard Bashman "Court takes up free-speech case of pit bull videos": Mark Sherman of The Associated Press has this report. Robert Barnes of The Washington Post has a news update headlined "Justices Indicate Support for Free Speech in Graphic Video Case." David G. Savage of The Los Angeles Times has a news update headlined "Justices talk dog-fighting videos, 'Human Sacrifice Channel'; A Supreme Court argument about 1st Amendment rights and animal cruelty conjures the specter of programs about people being killed." Paula Reed Ward of The Pittsburgh Post-Gazette has a news update headlined "Law too broad, attorney tells Supreme Court justices." And at "SCOTUSblog," Lyle Denniston has a post titled "Animal cruelty law in trouble." You can access the transcript of today's U.S. Supreme Court oral argument in United States v. Stevens, No. 08-769, at this link. "Sotomayor takes vocal role on her first day; The newest Supreme Court justice doesn't play the shy rookie, but peppers lawyers with questions, more even than Scalia and Ginsburg; The court takes a close look at the Miranda rule": David G. Savage has this article today in The Los Angeles Times. And law.com's Tony Mauro reports that "High Court Debates Value of Attorney-Client Privilege." "The divisive Mojave cross: Even as a war memorial, the Mojave cross only serves to undermine the sacrifices of soldiers of other faiths." Israel Drazin had this op-ed yesterday in The Los Angeles Times. Posted at 07:33 AM by Howard Bashman "A Supreme Court gunfight: A Chicago gun-control case will hinge on the 14th Amendment and the Bill of Rights." This editorial appears today in The Los Angeles Times. Posted at 07:32 AM by Howard Bashman "Free speech at heart of Supreme Court dogfighting video case": Jason Cato has this article today in The Pittsburgh Tribune-Review. Mark Sherman of The Associated Press reports that "Court takes up free-speech case of pit bull videos." And today's edition of The New York Times contains an editorial entitled "Animal Cruelty and Free Speech." Monday, October 5, 2009 "Sotomayor Takes Active Role on Court's First Day": Robert Barnes will have this article Tuesday in The Washington Post. And Tuesday in The New York Times, Adam Liptak will have an article headlined "Justices Decline to Hear Some 2,000 Cases." Available online from National Public Radio: Nina Totenberg has a written report headlined "Dogfighting Case Gets Its Day In Court." The audio will appear on tomorrow's broadcast of "Morning Edition." This evening's broadcast of "All Things Considered" contained an audio segment entitled "High Court Begins New Term" featuring Totenberg. And today's broadcast of "Talk of the Nation" contained an audio segment entitled "Major Decisions Anticipated From Supreme Court" featuring David G. Savage and Dahlia Lithwick. "Sotomayor shows she's no Clarence Thomas as Supreme Court opens": Michael Doyle of McClatchy Newspapers has this report. Posted at 07:40 PM by Howard Bashman "Supreme Court's new term offers cases that could overturn precedent": This article appears today in The Kansas City Star. Posted at 07:38 PM by Howard Bashman Available online from The Christian Science Monitor: Warren Richey has articles headlined "Supreme Court to decide case on animal cruelty and free speech; Do depictions of animal cruelty fall short of First Amendment protection? The Supreme Court will hear arguments Tuesday"; In addition, Rick DeJesus-Rueff has an op-ed entitled "Justice Sotomayor hits the high court -- what about empathy? The heated debate over the word is cool at the moment; But now is a great time to reconsider its value." Bill Mears of CNN.com is reporting: He has articles headlined "Supreme Court begins new term with a new justice"; "High court to decide if war memorial violates Constitution"; and "Death row female inmate denied high court review." Posted at 07:25 PM by Howard Bashman "Appeals court in NYC upholds Rigas' sentencing": The Associated Press has a report that begins, "A federal appeals court in New York has upheld prison sentences given to a father and son who built Adelphia Communications into a cable television powerhouse." You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. "Scotus rebuffs Scientology tax case": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com. Posted at 05:17 PM by Howard Bashman "New Term, New Justice for Supreme Court": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 05:15 PM by Howard Bashman "Court opens with case on prisoner's bid for lawyer": Jesse J. Holland of The Associated Press has a report that begins, "The Supreme Court began its new term Monday by indicating a willingness to limit how long a suspect's request for a lawyer should remain valid, and new Justice Sonia Sotomayor wasted little time in letting her voice be heard by questioning the lawyers." You can access at this link the transcript of today's U.S. Supreme Court oral argument in Maryland v. Shatzer, No. 08-680. "Gun bans, political cash on Supreme Court docket": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 05:02 PM by Howard Bashman James Vicini of Reuters is reporting: He has articles headlined "US top court rejects Qwest ex-CEO Nacchio's appeal" and "Top court rejects U.S. govt's oil royalty appeal." Posted at 11:20 AM by Howard Bashman "Nacchio Rejected by U.S. Supreme Court on Conviction Appeal": Greg Stohr of Bloomberg News has this report. Posted at 10:54 AM by Howard Bashman "Justices Decline Review of Pledge, Other School Cases": Mark Walsh has this post at "The School Law Blog" of Education Week. Posted at 10:50 AM by Howard Bashman "New Court Term Hints at Views on Regulating Business": Adam Liptak has this article today in The New York Times, together with an article headlined "Other Major Cases This Term." Posted at 10:40 AM by Howard Bashman "Court halts Ohio execution, cites injection flaws": The Associated Press has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today. Posted at 10:34 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. The Court has requested the views of the Solicitor General of the United States in four cases and the views of the Solicitor General of Texas in one case. At "SCOTUSblog," Lyle Denniston has a post titled "No action on detainee case." And in early news coverage, The Associated Press has reports headlined "Court won't force Ill. to have 'Choose Life' plate"; "High court refuses to hear insider trading appeal"; "Court won't review Fla. Pledge of Allegiance law"; "Court won't block release of sex abuse papers"; "High court won't review death penalty in Louisiana"; "High court won't review oil royalties case"; "Court refuses to get involved in church dispute"; "Court won't hear Ill. foot doctor's death sentence"; "Court turns down former prosecutor in libel case"; and "Court nixes case of fired deputy who ran vs. boss." "A Changed Court Faces Key Decisions In New Term": Nina Totenberg had this audio segment (RealPlayer required) on today's broadcast of NPR's "Morning Edition." Posted at 09:57 AM by Howard Bashman Yale Law School's Supreme Court Clinic has posted online audio segments from its recent conference titled "'Important Questions of Federal Law': Assessing the Supreme Court's Case Selection Process." You can access the audio via this link. Posted at 08:00 AM by Howard Bashman "Liberty Legal takes up cross for religion": Todd J. Gillman had this article yesterday in The Dallas Morning News. Posted at 07:44 AM by Howard Bashman In commentary published today in The Los Angeles Times: Law professor Jonathan Turley has an op-ed entitled "Justice Sonia Sotomayor's free-speech tests: Supreme Court observers will be watching to see whether the new justice's rulings will depart from the liberal voting record of her predecessor." And law professor Bernard E. Harcourt has an op-ed entitled "Sending children to prison for life: Our laws make allowances for juveniles' immaturity; judges should too." Joan Biskupic of USA Today is reporting: In today's newspaper, she has front page articles headlined "Animal-abuse videos are test of free speech; Supreme Court weighs reach of anti-cruelty laws" and "O'Connor says rulings 'dismantled'; Diversity crucial to highest court." Posted at 07:40 AM by Howard Bashman "South Carolina to ask court to protect Catawba water supply; Carolinas at odds over how much can be withdrawn from river": Yesterday's edition of The Greenville News contained this article. This morning at "The BLT: The Blog of Legal Times," Tony Mauro has a related post titled "First Argument of Supreme Court Term Postponed." "Sweeping Changes Possible In Federal Judiciary In Connecticut": This article appears today in The Hartford Courant. Posted at 07:33 AM by Howard Bashman "Gansler to argue for limits to Miranda before high court; State is appealing overturned conviction of Hagerstown man": Today's edition of The Baltimore Sun contains an article that begins, "Seventeen years ago, before he was chief justice, John G. Roberts Jr. argued before the U.S. Supreme Court that a suspect's invocation of Miranda rights should have certain limits. But he never got the chance to find out if the justices agreed because the respondent in the case died, rendering it moot." Posted at 07:28 AM by Howard Bashman "Florida pushes ahead with an all-digital courthouse; The Florida Supreme Court is expected to approve new rules that will make most courthouse documents and records available to anyone who can get onto the Internet": This article appears today in The Orlando Sentinel. Posted at 07:24 AM by Howard Bashman "Britain's new Supreme Court swings into action": The Associated Press has this report. And today's edition of The Guardian (UK) contains an article headlined "State and the individual -- supreme court takes on weighty first case; Justices to rule on counter-terrorism laws; Poll shows many think new body unnecessary." "Companies Seek Turnaround at Supreme Court as Sotomayor Joins": Greg Stohr of Bloomberg News has this report. And The New York Times today contains an editorial entitled "The Supreme Court Returns." Sunday, October 4, 2009 In Bashman news from Massachusetts via Australia: The Sydney Morning Herald has a report from The Associated Press headlined "Impatient couple bash man as they wait for KFC." And in local coverage, The Patriot Ledger of Quincy, Massachusetts reports that "Slow chicken order leads to assault arrest at Norwell KFC." "Life in Prison for Minors--Cruel and Unusual? Supreme Court Will Take Up Two Cases on the Constitutionality of a Sentence That Gives Juveniles No Chance at Redemption." Jess Bravin will have this article Monday in The Wall Street Journal. Posted at 10:17 PM by Howard Bashman "The Supreme Court Slams the Door": Online at The Nation, law professor Herman Schwartz has an essay that begins, "A Supreme Court ruling in May, Ashcroft v. Iqbal, on how much information civil complaints in a lawsuit must contain, might seem a narrow technical matter, of interest only to lawyers and law journals. Yet, it is on just such 'technicalities' that the legal rights of victims of public or private wrongdoing often hinge. For almost four decades the Court's right wing has been perfecting such technicalities as legal weapons to deny Americans an opportunity to enforce their rights in court." Posted at 10:14 PM by Howard Bashman "Kennedy: Constitution open to interpretation." Friday's edition of The Norman (Okla.) Transcript contained an article that begins, "The authors of the U.S. Constitution intentionally made it open to interpretation so that it could be adapted to meet changing societal issues, Supreme Court Justice Anthony Kennedy said Thursday in Norman." And Friday's edition of The Oklahoma Daily reported that "Anthony Kennedy speaks to members of the law school." Finally, The GW Hatchet reported last week that "Justice will speak at law school; Anthony Kennedy will keynote symposium." "Questions surround start of new Supreme Court term: How will Sonia Sotomayor vote? Is John Paul Stevens soon to retire? Will John Roberts and Samuel Alito be more unabashedly conservative? The term begins Monday." Warren Richey of The Christian Science Monitor has this report. Nina Totenberg of National Public Radio has a written report headlined "A Changed Court Faces Key Decisions In 2009-10." The audio will appear on tomorrow's broadcast of "Morning Edition." James Vicini of Reuters reports that "US court term has major gun rights, business cases." And Agence France-Presse reports that "US Supreme Court to examine terrorism, gun rights." According to "SCOTUSblog," the U.S. Supreme Court's October Term 2009 will be off to an unusual start, as the first case that was to be argued tomorrow morning has been postponed due to "family emergencies" affecting "two of the advocates scheduled to argue" the case. "New Battle in the Gun War Heads to the Supreme Court; The Highest Court in the Land Will Hear Case of Chicago Residents Who Want the City's Handgun Ban Overturned": ABCNews.com has this report. Posted at 08:45 PM by Howard Bashman "O'Connor addresses W&M law students": This article appears today in The Richmond Times-Dispatch. And The Daily Press of Newport News, Virginia reports today that "Retired justice implores schools to start learning." Michael Kirkland of UPI reports on Justice John Paul Stevens: Kirkland has articles headlined "Stevens is on the legal front lines" and "Stevens knew his own mind in Bush vs. Gore." Posted at 08:34 PM by Howard Bashman "Supreme Court to hear appeal of man jailed for dogfight videos": Today in The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, "Are graphic depictions of dogfighting similar to child pornography, or are they no different from images routinely published in hunting and fishing magazines? This week, the U.S. Supreme Court will take on a Western Pennsylvania case that pits animal cruelty opponents against First Amendment advocates." Posted at 08:25 PM by Howard Bashman "6 members of Supreme Court attend Catholic Mass": The Associated Press has this report. At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Red Mass in D.C. Draws Six Justices, Vice President." And at WSJ.com's "Washington Wire" blog, Jess Bravin has a post titled "Supreme Court Majority Opinion: Attend Red Mass." Saturday, October 3, 2009 "New term and new justice for nation's high court": Mark Sherman of The Associated Press has this report. At ABCNews.com, Ariane de Vogue has a report headlined "Supreme Court, Sotomayor Face Contentious Issues in New Term; Religious Symbols on Public Property, Campaign Finance, and Juvenile Sentencing Among Cases Justices Will Hear." And U.S. News & World Report has an article headlined "Supreme Court to Decide Hot Button Issues; The Court will look hear cases on life sentences for minors, a cross on federal land, and more." "For Roberts, Alito, a New Visibility; Their Views on First Amendment Cases May Be Key": Robert Barnes will have this article Sunday in The Washington Post. Posted at 08:40 PM by Howard Bashman "Sonia Sotomayor not selling Greenwich Village pad over weak housing market": This article appears today in The New York Daily News. Posted at 06:57 PM by Howard Bashman "NY appeals court rules for Canadian energy company": The Associated Press has a report that begins, "A federal appeals court in New York has ruled that a lawsuit alleging that a Canadian energy company aided genocide in its pursuit of oil in Sudan was properly thrown out." And Bloomberg News reports that "Talisman Court Upholds Sudan Genocide Suit Dismissal." You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link. "The Propriety of Criticizing Judges": Joel Cohen and Katherine A. Helm have this essay online at law.com. Posted at 03:35 PM by Howard Bashman "Texas Battle on Gay Marriage Looms": This article appears today in The New York Times. And The Fort Worth Star-Telegram has articles headlined "For gay couple, divorce ruling is bittersweet" and "D-FW activists applaud gay divorce ruling; GOP leaders back appeal." "Botox Maker's Suit Injects New Life Into Off-Label Marketing Debate": law.com provides this report. And today's edition of The New York Times contains an article headlined "Botox Maker's Suit Cites Free Speech." You can access the complaint initiating suit at this link. My earlier coverage appears here. "A Detainee's Case Shows the Hurdles That a Release Poses": Sunday's edition of The New York Times will contain an article that begins, "To understand how hard it is proving for President Obama to close the American military prison at Guantanamo Bay, consider the case of Alla Ali Bin Ali Ahmed, Internee Security No. 692." Posted at 02:11 PM by Howard Bashman "The Supreme Court, Appealing": Today in The Washington Post, Hank Stuever has this preview of C-SPAN's "Supreme Court Week," which begins tomorrow at 9 p.m. eastern time. Posted at 02:10 PM by Howard Bashman Friday, October 2, 2009 "The State of Guns: The Supreme Court is again poised to decide a historic Second Amendment question." This editorial appears today in The Washington Post. Posted at 11:35 PM by Howard Bashman "Newer Justices Could Transform Supreme Court": Robert Barnes of The Washington Post has this news update. Posted at 11:15 PM by Howard Bashman "Judge sorry for allowing cameras into federal courtroom": The News-Gazette of Champaign, Illinois today contains an article that begins, "U.S. District Judge Joe Billy McDade has apologized for allowing cameras to record a Champaign schools consent decree hearing in September. McDade issued the written apology after Judge Frank Easterbrook, chief judge of the 7th Circuit, chided McDade in a written opinion for allowing video and still photography and live broadcasting of a Sept. 15 fairness hearing over the Champaign school district's consent decree." (Via WSJ.com's "Law Blog.") The Judicial Council of the Seventh Circuit has posted online this order and this memorandum by Chief Judge Frank H. Easterbrook and this letter of apology from U.S. District Judge Joe Billy McDade of the Central District of Illinois. "Do Women Make Better Judges? Asked and answered--with data." Stephen Choi, Mitu Gulati, Mirya Holman, and Eric Posner have this jurisprudence essay online at Slate. A more in-depth explanation of their findings can be found in their paper titled "Judging Women" posted at SSRN (via "The Volokh Conspiracy"). "Experts: NJ voting buffer zone ruling won't stand." The Associated Press has this report. My earlier coverage of Wednesday's Supreme Court of New Jersey ruling can be accessed here. "Obama begins to overhaul key US appeals court": The Associated Press has a report about the U.S. Court of Appeals for the Fourth Circuit that begins, "President Barack Obama has begun reshaping the nation's most conservative federal appeals court, one that has handled many high-profile terrorism and detainee cases and generally supported the anti-terrorism initiatives of former President George W. Bush." And a related AP report is headlined "Obama moving slowly on judges." "Appeals Court: Guard Can Be Sued Over Shackled Inmate In Labor." The Associated Press has a report that begins, "A federal appeals court has ruled that a jail guard can be sued by a prisoner who was shackled while in labor, but also found that the Correction Department director is immune from the suit." By its use of the term "in labor," The AP means that a female prisoner was forced to remain shackled while giving birth to a child. You can access today's ruling of the en banc U.S. Court of Appeals for the Eighth Circuit at this link. The en banc court divided 6-5 on the aspect of the decision that allows the lawsuit against the guard to proceed. "All Eyes on Sunday's Red Mass, Unofficial Start of Supreme Court Season": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 12:00 PM by Howard Bashman "Allergan suing FDA over off-label policy": The Associated Press has a report that begins, "Allergan Inc., the maker of the Botox wrinkle treatment, challenged the government's ban on off-label drug marketing to doctors, saying it violates the company's right to freedom of speech." According to The AP's report, "Allergan is represented in its lawsuit by Paul D. Clement, a partner at King & Spalding LLP in Washington, D.C., and formerly the Solicitor General of the United States." Allergan, Inc. issued this news release about the lawsuit yesterday. "Court to hear case on material support for terrorists": Tony Mauro has this report online at the First Amendment Center. Posted at 11:15 AM by Howard Bashman The U.S. Department of Justice has a new web site: You can access the new web site at this link, while a blog post announcing the new web site can be accessed here. Posted at 10:58 AM by Howard Bashman Divided three-judge Sixth Circuit panel affirms the dismissal of antitrust lawsuit brought by travel agencies alleging that major airlines had conspired to reduce, cap, and eventually eliminate the payment of base commissions to drive plaintiffs out of business: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link. Posted at 10:52 AM by Howard Bashman "German court says Demjanjuk trial can go ahead": The Associated Press has this report. Posted at 10:48 AM by Howard Bashman "Benched: Why the Supreme Court is irrelevant." Law professor Barry Friedman has this article online at The New Republic. And for another recent mention of Barry Friedman here at "How Appealing," see this post from last Sunday. "NJ court reinstates ban on voting site exit polls": The Associated Press has a report that begins, "The New Jersey Supreme Court has reinstated a ban on exit polls, surveys taken of people as they leave their voting places." You can access Wednesday's ruling of the Supreme Court of New Jersey at this link. "N.J. Supreme Court Likely to Ease, Not Lift, Ban on Comparative Lawyer Advertising": law.com has this report. Posted at 08:27 AM by Howard Bashman "High court prods panel in Sanford ethics case; Justices want more arguments about releasing report on governor": The State of Columbia, South Carolina today contains an article that begins, "The S.C. Supreme Court has asked a state ethics panel to submit arguments by noon Monday on whether it can release a preliminary investigation of Gov. Mark Sanford to lawmakers." Posted at 08:17 AM by Howard Bashman "Red Mass: lobbying high court or simple prayer service?" Bill Mears of CNN.com has this report. Posted at 08:15 AM by Howard Bashman "Prayer policy Lodi's next hurdle; New language up to city attorney": The Record of Stockton, California contains an article today that begins, "Now that the Lodi City Council has endorsed holding uncensored invocations at its regular meetings, most certainly there will be more prayers to Jesus. What about Satan?" The Lodi News-Sentinel reports today that "Lodi may be headed for prayer lawsuit; Freedom From Religion Foundation will 'see how it pans out.'" The Sacramento Bee reports today that "Lodi, other cities put faith in prayer diversity." And The New York Times reports that "City Decides to Continue Pre-Meeting Invocation." "Dallas judge paves way for gay couple to get divorce": The Dallas Morning News today contains an article that begins, "In a first for Texas, a judge ruled Thursday that two men married in another state can divorce here and that the state's ban on gay marriage violates the U.S. Constitution." The Associated Press reports that "Texas judge clears way for gay divorce." And the "Tex Parte" blog of Texas Lawyer has a post titled "State district judge finds Texas' ban on gay marriage unconstitutional." The judge who issued the ruling has this reelection web site. "The Courts and Privacy": Today's edition of The New York Times contains an editorial that begins, "To the delight of headline writers, the Alabama Supreme Court recently decided the case of 1568 Montgomery Highway Inc. -- also known as Love Stuff -- v. the City of Hoover. In a 7-to-2 ruling, it upheld a state law banning the sale of sex toys. The dispute may seem a bit frivolous, but it rests on a fundamental question: After the Supreme Court's 2003 ruling striking down sodomy laws, how free is the majority to impose its morality through the law?" My earlier coverage of last month's Alabama Supreme Court ruling appears at this link. "Down the Memory Hole: Justice David H. Souter has agreed to share his Supreme Court papers, but with a 50-year lock." Linda Greenhouse has this op-ed today in The New York Times. Posted at 07:42 AM by Howard Bashman "Justice Thomas Speaks About His Silence on the Bench": law.com has a report that begins, "For a U.S. Supreme Court justice who remains mum during oral arguments, Clarence Thomas shared a lot on Wednesday during a 90-minute conversation before an audience of 2,300 at Southern Methodist University in Dallas." Yesterday's edition of The SMU Daily Campus contained an article headlined "Thomas reflects on Supreme Court appointment, addresses unfair media coverage." And yesterday's edition of The Daily Skiff of Texas Christian University contained an article headlined "Justice: Oath to constitution a priority." Video of Justice Clarence Thomas's remarks as a speaker in the Willis M. Tate Distinguished Lecture Series may eventually appear at this link. Meanwhile, last week Justice Thomas spoke at a Lincoln conference at Washington and Lee. The Waynesboro News Virginian reported that "Justice speaks at W&L." You can download the audio of Justice Thomas's remarks at the Lincoln conference via this link (40.6MB mp3 audio file). "Sotomayor won't sell NY apartment in this economy": Mark Sherman of The Associated Press has this report. Posted at 07:20 AM by Howard Bashman Thursday, October 1, 2009 Programming note: I'll be in Washington, DC today preparing for the oral argument later this month of a case in which the Superior Court of Pennsylvania is being asked to decide whether skill or luck predominates in determining success at the game known as Texas hold 'em poker. You can access at this link the Brief for Appellees that I filed on my clients' behalf, while an amicus brief in support of affirmance can be accessed here. My most recent earlier coverage of the case appeared in this post from June 2009. "Supreme Court Adds 12 Cases to Docket, Including a Second Amendment Sequel": Tony Mauro and Marcia Coyle have this article online at law.com. Posted at 07:14 AM by Howard Bashman Wednesday, September 30, 2009 Warren Richey of The Christian Science Monitor is reporting: He has articles headlined "Supreme Court to take up Chicago gun ban; The case challenging a handgun ban in Chicago will decide whether the individual right to bear arms upheld by the Supreme Court in a D.C. case last year applies to all states and cities, too" and "Supreme Court to review ban on certain aid to terrorist groups; The court will examine whether part of the Patriot Act prohibits activities protected by the First Amendment." Posted at 08:14 PM by Howard Bashman James Vicini of Reuters is reporting: He has articles headlined "Supreme Court to decide terrorism support law" and "US court to hear Somali ex-minister torture case." Posted at 08:10 PM by Howard Bashman "Supreme Court Takes Case on Reach of Gun Rights": Adam Liptak of The New York Times has this news update. Posted at 04:33 PM by Howard Bashman "Court to decide if feds liable for cancer mistake": Jesse J. Holland of The Associated Press has a report that begins, "The Supreme Court will decide whether the family of a now-deceased immigrant who was denied medical care for cancer while in custody can sue federal medical officials for damages." Posted at 04:32 PM by Howard Bashman "4th Circuit affirms protection for repulsive speech": Douglas Lee has this commentary online today at the First Amendment Center. Posted at 03:28 PM by Howard Bashman "We here explore the treacherous path which corporate counsel must tread under the attorney-client privilege when conducting an internal investigation to advise a publicly traded company on its financial disclosure obligations." So begins today's ruling of a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in United States v. Ruehle. In today's ruling, the Ninth Circuit reverses a federal district court's order suppressing all evidence reflecting statements by the former Chief Financial Officer of Broadcom Corp. to attorneys from Irell & Manella, Broadcom's outside counsel, regarding stock option granting practices at Broadcom. The appeal arises in a criminal case against the CFO for his involvement in an alleged backdating scheme that ultimately resulted in Broadcom's restatement of its earnings to account for approximately $2.2 billion in additional stock-based compensation expenses. "Responding to the Growing Need for Federal Judgeships: The Federal Judgeship Act of 2009." Senate Judiciary Committee's Subcommittee on Administrative Oversight and the Courts has just begun holding a hearing on this topic. You can view a live webcast of the hearing by clicking here. In connection with the hearing, the Administrative Office of the U.S. Courts has today issued a news release headlined "Judiciary Supports New Judgeships." And today at FindLaw, law professor Carl Tobias has an essay entitled "Congress and the Pending Comprehensive Judgeships Legislation." "Supreme Court to hear new firefighter discrimination case; The justices will decide how much time plaintiffs have to file a lawsuit when they believe they've been unfairly penalized by hiring tests": David G. Savage of The Los Angeles Times has this news update. Posted at 02:37 PM by Howard Bashman "Judge's order to release Kuwaiti detainee puts Obama in a bind": Carol Rosenberg has this article today in The Miami Herald. Posted at 02:33 PM by Howard Bashman "Supreme Court takes gun case that will test reach of 2nd Amendment; The justices' ruling on whether state and local laws are subject to the 2nd Amendment could open the door to legal challenges nationwide; The ruling on a Chicago handgun ban is expected by summer": David G. Savage of The Los Angeles Times has this news update. Robert Barnes of The Washington Post has a news update headlined "High Court to Examine Local Handgun Laws." And Jess Bravin of The Wall Street Journal has a news update headlined "Supreme Court Agrees to Weigh Local Gun Laws." Access today's Order List of the U.S. Supreme Court: The Court has posted today's Order List, granting review in ten cases, at this link. At "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on gun rights, terrorism law." And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court Grants Chicago Handgun Ban Case." In early news coverage, Mark Sherman of The Associated Press reports that "High court to look at local gun control laws." The AP also has reports headlined "High court to review parts of anti-terrorism law"; "Court to weigh lawsuit against former Somali PM"; "Court to decide on expansion of Miranda rights"; "Court to settle dispute over all-white jury"; and "Court asked if old offenses can get new penalties." Greg Stohr of Bloomberg News reports that "Local Gun Laws Draw Scrutiny From U.S. Supreme Court." And James Vicini of Reuters reports that "Supreme court to decide how far gun rights extend." "Rather's CBS Suit Dismissed": Today in The New York Times, Bill Carter has an article that begins, "Dan Rather's expensive attempt at vindication against his former employer CBS was repudiated Tuesday by the appellate division of New York State Supreme Court, which ruled unanimously to dismiss the $70 million lawsuit he had brought against the network in 2007." The Los Angeles Times reports today that "Dan Rather's lawsuit against CBS dismissed; A New York appeals panel rules that a trial judge erred in allowing the newsman to pursue his case against the network; Rather's attorney vows to appeal the ruling, while CBS declares victory." And The Associated Press reports that "Dan Rather's $70M lawsuit against CBS thrown out." You can access yesterday's ruling of the New York State Supreme Court, Appellate Division, First Department, at this link. "Public-prayer battle lines drawn in Lodi": The Sacramento Bee today contains a front page article that begins, "Lodi is just a small city in the heart of California's Central Valley. But tonight, it takes center stage for one of the nation's hottest issues. The question is: Should the City Council allow invocations that call on Jesus at its public meetings?" Posted at 09:12 AM by Howard Bashman "Supreme Court sets date for former legislator's appeal; Juneau Republican says statute doesn't apply in case": Today's edition of The Anchorage Daily News contains an article that begins, "The U.S. Supreme Court has set Dec. 8 as the date for oral arguments in the appeal of former Rep. Bruce Weyhrauch, who is seeking to reinstate a court order that sharply limited the federal government's mail fraud case against him." Posted at 09:05 AM by Howard Bashman "Retired Officers Rally to Close Gitmo": Evan Perez has this article today in The Wall Street Journal. Today's edition of The Washington Post contains an article headlined "Retired Military Officers Push to Close Guantanamo Prison." And The Los Angeles Times contains an editorial entitled "Getting out of Gitmo: Opposition to housing detainees in U.S. prisons is irrational; How can we ask others to do what we won't?" "New abortion laws halted; Judge: Rules can't take effect until suits decided." Today's edition of The Arizona Republic contains an article that begins, "A Maricopa County Superior Court judge issued a preliminary injunction Tuesday against new abortion restrictions passed by the Legislature, preventing two laws from going into effect today as planned." Today in The Arizona Daily Star, Howard Fischer reports that "Abortion law's key points are blocked; Maricopa judge orders state not to enforce measure for now." And The Associated Press reports that "Judge blocks key parts of new Arizona abortion law." You can access the text of yesterday's injunction at this link. Tuesday, September 29, 2009 "Justice asks high court to OK labor board rulings": The Associated Press has a report that begins, "The Justice Department on Tuesday asked the Supreme Court to let a federal labor board continue working even though three of its five seats are vacant." Posted at 07:54 PM by Howard Bashman "Kaine does not anticipate stay for Beltway sniper": The Richmond Times-Dispatch has a news update that begins, "Virginia Gov. Timothy M. Kaine said today that he has not yet received a petition seeking clemency for convicted Beltway sniper John Allen Muhammad and has seen no evidence that would suggest he should receive a stay of execution." And The Associated Press has a news update headlined "Va. gov: No reason to stop sniper execution." "Provocative docket raises hackles over animals, religion": Online at the First Amendment Center, Tony Mauro has a news analysis that begins, "Fighting for the First Amendment often makes for odd bedfellows. In pending cases for the coming Supreme Court term, free-speech advocates find themselves on the side of corporations seeking to influence elections, creators of videos depicting animal cruelty and, oh, yes, bankruptcy lawyers. All in a day's work." Posted at 02:37 PM by Howard Bashman "The Supreme Court's New Portrait": Kate Phillips has this post at "The Caucus" blog of The New York Times. Posted at 02:00 PM by Howard Bashman "Cross Dispute Takes Attorney on an Unexpected Journey": In yesterday's edition of The Daily Journal of California, Lawrence Hurley had an article that begins, "When Los Angeles-based American Civil Liberties Union lawyer Peter J. Eliasberg first heard about a controversial cross erected on federal land, it didn't seem like a case that would end up at the U.S. Supreme Court. They never do. But 10 years later, Eliasberg is frantically preparing for his first argument before the high court in an Establishment Clause case that is one of the highlights of the term that begins Oct. 5." Posted at 11:57 AM by Howard Bashman "Appeals court upholds dismissal of vaccine suit": The Associated Press has a report that begins, "A federal appeals court has ruled that members of the military can be required to be vaccinated against anthrax." You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. "Cases to test time limits on lawsuits; Surgical sponges discovered years after surgery": Yesterday in The Austin American-Statesman, Chuck Lindell had this article about two cases now pending before the Supreme Court of Texas. Posted at 11:24 AM by Howard Bashman Second Circuit issues opinion explaining why Debevoise & Plimpton LLP will be allowed to serve as counsel to Metropolitan Life Insurance Co. in defending a class action alleging that policyholders were misled and shortchanged in that company's demutualization: You can access today's opinion of the U.S. Court of Appeals for the Second Circuit at this link. Earlier coverage from law.com appeared in articles headlined "$8 Billion Class Action Against MetLife Stalled as Members Press to Disqualify Debevoise" and "MetLife, Class Present Final Arguments to 2nd Circuit on Disqualification of Debevoise." "Young strippers from Cheetah win court case": Bill Rankin has this article today in The Atlanta Journal-Constitution. You can access yesterday's ruling of the Supreme Court of Georgia at this link. "Free speech vs. animals: The Supreme Court should rule that filmed depictions of animal cruelty are protected under the 1st Amendment." Yesterday's edition of The Los Angeles Times contained this editorial. Posted at 08:20 AM by Howard Bashman "Guantanamo Deadline May Be Missed": This article appears today in The New York Times. And today's edition of The Washington Post contains an editorial entitled "The Meaning of Freedom: Why the Supreme Court should step in to decide the latest detention controversy" and an op-ed by Benjamin Wittes entitled "Obama's Dick Cheney Moment." "The Old Secular Cross? High Court to Consider Issue of Church-State Separation." Robert Barnes has this front page article today in The Washington Post. He also has a related article headlined "For Couple, Memorial Became a Mission." Posted at 08:07 AM by Howard Bashman "The Art of the Steal: The Untold Story of the Barnes Foundation." Today in The Wall Street Journal, Julia M. Klein has this article about that new documentary film. Some recent earlier coverage of the film can be accessed here (from The Philadelphia Inquirer); here (from The New York Times); here (from The Los Angeles Times); and here (from Variety). "Pocket Docket: Supreme Court's New Season; Justices Face an Unusually Diverse Caseload; Some Legal Observers Expect the Conservative Bloc to Overrule Past Opinions." Jess Bravin has this article today in The Wall Street Journal. Posted at 07:24 AM by Howard Bashman "Ex-Bush officials face lawsuits over their actions": Mark Sherman of The Associated Press has a report that begins, "High-ranking government officials are usually protected from claims that they violated a person's civil rights. In lawsuits stemming from law enforcement and intelligence efforts after the Sept. 11 attacks, three federal courts have left open the possibility that former Attorney General John Ashcroft and a lieutenant may be held personally liable." Posted at 07:15 AM by Howard Bashman Monday, September 28, 2009 "A new push to define 'person,' and to outlaw abortion in the process; Some abortion foes think the rationale for Roe vs. Wade is vulnerable; They're trying to amend state constitutions -- including California's -- to define personhood from conception": This article appears today in The Los Angeles Times. Posted at 10:48 PM by Howard Bashman "Supreme Court to consider juvenile 'lifers'; Does life without parole for minors who didn't kill constitute cruel and unusual punishment?" David G. Savage has this article today in The Los Angeles Times. Posted at 10:47 PM by Howard Bashman "Judicial pay disparity drains talent from federal bench; Vacancies are rising as district judges reluctantly resign lifetime appointments to better provide for their families": Carol J. Williams had this article yesterday in The Los Angeles Times. Posted at 10:45 PM by Howard Bashman "Ninth Circuit Law Clerks Get Surprise Visitor": Office of the Circuit Executive of the U.S. Court of Appeals for the Ninth Circuit has posted online this item. Posted at 08:57 PM by Howard Bashman "Dressed in pinstripes, Supreme Court justice Sonia Sotomayor achieves another major first": The Newark (N.J.) Star-Ledger had this report on Saturday evening. The newspaper has also posted related photographs online here and here. And via YouTube, you can access video footage from The Associated Press titled "Sotomayor Throws Out First Pitch." "SJC sharply limits youth curfew law; Bars criminal charge, allows civil penalty": In Saturday's edition of The Boston Globe, Jonathan Saltzman had an article that begins, "The state's highest court yesterday struck down a provision in a Lowell ordinance that made it a crime for children under 17 to violate a curfew, a ruling expected to affect other Massachusetts communities that have adopted or are considering similar local laws." And The Associated Press reports that "Mass. court rejects criminal side of teen curfew." You can access last Friday's ruling of the Supreme Judicial Court of Massachusetts at this link. "Jeffrey Lamken Leaving Baker Botts to Launch Boutique Firm": Tony Mauro has this post today at "The BLT: The Blog of Legal Times." Posted at 08:12 PM by Howard Bashman "Suspect in Illinois Bomb Plot 'Didn't Like America Very Much'": Today's edition of The New York Times contains this profile of the man charged with plotting to blow up the federal building in Springfield, Illinois. Posted at 08:07 PM by Howard Bashman "High Cost of Death Row": This editorial appears today in The New York Times. Posted at 08:05 PM by Howard Bashman "The Case of the Plummeting Supreme Court Docket": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times. Posted at 08:00 PM by Howard Bashman Sunday, September 27, 2009 And speaking of books about the U.S. Supreme Court: November 10, 2009 is scheduled to be the official publication date of Joan Biskupic's new book, "American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia." Posted at 12:40 PM by Howard Bashman "Supreme Courtship": In the Sunday Book Review section of today's edition of The New York Times, Emily Bazelon has this review of law professor Barry Friedman's new book, "The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution." Posted at 12:33 PM by Howard Bashman "Blogger to be back in court; Former Mills High student's suit before U.S. appeals panel": Today's edition of The Waterbury (Conn.) Republican American contains an article that begins, "Avery Doninger will soon return to the 2nd U.S. Circuit Court of Appeals with the right of students across the country to speak their minds in blogs and text messages at stake." Posted at 12:27 PM by Howard Bashman "Empty benches": This editorial, encouraging the confirmation of more federal judges, appeared yesterday in The Philadelphia Inquirer. Posted at 12:20 PM by Howard Bashman "Supreme Court faces decisions on two key terror cases": Michael Doyle and Marisa Taylor of McClatchy Newspapers have this report. Posted at 12:18 PM by Howard Bashman
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