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Wednesday, October 10, 2012 "Stored Communications Act Doesn't Reach Opened Webmails": At the "E-Commerce & Tech Law Blog" of Bloomberg BNA, Thomas O'Toole has a post that begins, "The South Carolina Supreme Court held today that opened email messages on a web-based email service provider are not protected by the federal Stored Communications Act." You can access today's ruling of the Supreme Court of South Carolina at this link. Although all five justices agreed with the result, the decision does not contain a majority opinion. "A Changed Court Revisits Affirmative Action in College Admissions": Adam Liptak of The New York Times has this news update. Robert Barnes of The Washington Post has a news update headlined "Supreme Court divided over affirmative action in college admissions." David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court justices skeptical of affirmative action for college." Richard Wolf and Mary Beth Marklein of USA Today have a news update headlined "Supreme Court weighs quotas in affirmative action case." Michael Doyle of McClatchy Newspapers reports that "Supreme Court conservatives press affirmative action supporters to defend racial preferences." And Terry Baynes of Reuters reports that "Supreme Court justices challenge Texas university race policy." You can access at this link the transcript of today's U.S. Supreme Court oral argument in Fisher v. University of Texas at Austin, No. 11-345. "U.S. court clears South Carolina voter ID law for 2013": David Ingram and Harriet McLeod of Reuters have this report on today's ruling of a three-judge court of the U.S. District Court for the District of Columbia. Posted at 01:22 PM by Howard Bashman "Top patent court to reconsider validity of financial software patents; Original ruling 'failed to follow the Supreme Court's instructions'": Timothy B. Lee has this blog post at Ars Technica. You can access yesterday's order of the U.S. Court of Appeals for the Federal Circuit granting rehearing en banc at this link. "Argument recap: Will Grutter be reshaped?" Lyle Denniston has this post at "SCOTUSblog." Posted at 01:03 PM by Howard Bashman "High court questions Texas affirmative action plan": The Associated Press has this report. And at WSJ.com's "Washington Wire" blog, you can access coverage of the oral argument at this link. "Appeals court reinstates campaign finance limits": The Associated Press has a report that begins, "The 9th U.S. Circuit Court of Appeals reinstated Montana's campaign donation limits, telling the federal judge who overturned it to outline his full reasoning so the panel can review the case." You can access yesterday's order of the U.S. Court of Appeals for the Ninth Circuit at this link. "Halftime report at Fisher Oral Argument": Kevin Russell has this post at "SCOTUSblog." Posted at 12:27 PM by Howard Bashman "What would Obama's Supreme Court look like?" Liz Goodwin has this post today at "The Ticket" blog of Yahoo! News. Posted at 11:34 AM by Howard Bashman "High court to hear biggest race case in six years": Tom Curry, NBC News national affairs writer, has this report. Posted at 08:40 AM by Howard Bashman "Justices Return To Affirmative Action In Higher Ed": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition." Posted at 08:24 AM by Howard Bashman "The Bingo Act's restrictions on the use of bingo proceeds for political advocacy are permissible conditions on a government subsidy and do not operate to penalize speech." So ruled a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit yesterday in a First Amendment challenge to limitations imposed under the Texas Bingo Enabling Act on how charities may use bingo proceeds. Posted at 08:02 AM by Howard Bashman Tuesday, October 9, 2012 "The Hidden Stakes of the Election": Today at the blog of The New York Review of Books, law professor Cass R. Sunstein has a post that begins, "It is not exactly news that there are big differences between judges chosen by Republican presidents and judges chosen by Democratic presidents. Of course the most visible differences involve constitutional law." Posted at 11:15 PM by Howard Bashman "Eyes on Justice Kennedy in Affirmative-Action Case": Jess Bravin will have this article Wednesday in The Wall Street Journal. Posted at 11:11 PM by Howard Bashman "Feds seek full court review of cigarette warnings": The Associated Press has this report. And Bloomberg News reports that "FDA Seeks Reconsideration of U.S. Cigarette Label Ruling." You can view the FDA's petition for rehearing en banc at this link. Lawrence Hurley of Greenwire is reporting: In coverage of today's U.S. Supreme Court Order List, he has articles headlined "Justices steer clear of Chevron's $18B Ecuadorean pollution judgment" and "Justices won't hear Ala. Superfund dispute." Posted at 10:48 PM by Howard Bashman "Race and College Admissions, Facing a New Test by Justices": Adam Liptak has this article today in The New York Times. In Wednesday's edition of USA Today, Richard Wolf will have an article headlined "Supreme Court to weigh in again on affirmative action." Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court case on use of race in admissions could be landmark; The University of Texas at Austin admits some students based on a process that includes race as one factor -- even though the school is already racially diverse; The Supreme Court will consider whether that process is justified." And Stacy Teicher Khadaroo has an article headlined "Supreme Court: If affirmative action is banned, what happens at colleges? Nine states have tried to achieve campus diversity through other means, with mixed results; On Wednesday, the Supreme Court takes up an affirmative action case from the University of Texas at Austin." Ariane de Vogue of ABC News reports that "Supreme Court to Hear Case Brought by White Student Who Claims Race Cost Her Admission to UT." The San Antonio Express-News has an update headlined "Supreme Court to hear case against UT's race-conscious admissions." Terry Baynes of Reuters has a report headlined "Preview: Is Supreme Court set to end use of race in admissions?" This evening's broadcast of NPR's "All Things Considered" contained audio segments entitled "Supreme Court To Take Up Affirmative Action Case"; "At U. Of Texas, A Melting Pot Not Fully Blended"; and "How Does Affirmative Action Impact Colleges?" At "SCOTUSblog," Lyle Denniston has a post titled "Argument preview: Is affirmative action about to end?" At WSJ.com's "Washington Wire" blog, Jess Bravin and Sara Murray have a post titled "Romney Stays Away From Affirmative Action Case." In today's edition of The Los Angeles Times, Lee C. Bollinger and Claude M. Steele have an op-ed entitled "A high-stakes battle for higher education: The Supreme Court should recognize that we all benefit from affirmative action in college admissions." At the "Defining Ideas" site of the Hoover Institution, law professor Richard A. Epstein has an essay entitled "The Affirmative Action Quagmire: Rather than place restrictions on race-based preferences, the Supreme Court should let colleges run themselves." Online at Slate, Emily Bazelon has a jurisprudence essay entitled "Rage or Justice: The complicated emotions behind the Supreme Court's upcoming argument on affirmative action." And online at The Atlantic, Andrew Cohen has an essay entitled "How Affirmative Action Shaped the Current Supreme Court: Tomorrow's case may put an end to the policy at U.S. universities; But its personal impact on the careers of several of the justices could hardly be more pronounced." "Federal Circuit: Congress can't renege on pay promises to judges." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. Posted at 09:48 PM by Howard Bashman Programming note: Additional posts will not appear here until this evening. Once the U.S. Supreme Court posts its Order List online shortly after 9:30 a.m. eastern time today, you can access it via this link. And you can access timely coverage of the Order List from "SCOTUSblog." Monday, October 8, 2012 "Justices Face a Test on Race; A University of Texas Admissions Policy Aims to Help High-Scoring Minorities": Jess Bravin will have this article Tuesday in The Wall Street Journal. Posted at 08:42 PM by Howard Bashman "Jeffrey Toobin: Don't Expect 'New' Or 'Moderate' John Roberts After Health Care Ruling." TPM DC has this report. Posted at 02:33 PM by Howard Bashman "High court looks at race in college admissions": Mark Sherman of The Associated Press has this report. Posted at 02:11 PM by Howard Bashman "Plaintiffs assail Va. public-records law on 2 fronts": Tony Mauro has this report online at the First Amendment Center. Posted at 01:02 PM by Howard Bashman Sunday, October 7, 2012 "Supreme Court to take up UT admission case": This article will appear Monday in The Houston Chronicle. Posted at 11:07 PM by Howard Bashman "Supreme Court receives outpouring of conflicting views on affirmative action": Robert Barnes will have this article Monday in The Washington Post. Posted at 08:57 PM by Howard Bashman "Supreme Court candidates with similar passions stress their differences; Longtime attorney Sheryl Gordon McCloud and former Justice Richard Sanders are battling for an open seat on the state Supreme Court; McCloud says she has the right judicial temperament for the job, while Sanders says he has more experience": Friday's edition of The Seattle Times contained this article. Posted at 03:32 PM by Howard Bashman "Georgia high court may weigh in on 'Girls Gone Wild' case": This article appeared Thursday in The Atlanta Journal-Constitution. And a related article from Atlanta's WSB-TV Action News 2 is headlined "Woman takes case against Girls Gone Wild to Supreme Court." "Major victory -- and pay raises -- for U.S. judges": Lyle Denniston has this post today at "SCOTUSblog." My earlier coverage of Friday's en banc Federal Circuit ruling appears at this link. "California has chance to change Three Strikes, repeal death penalty": Tracey Kaplan and Howard Mintz have this article today in The San Jose Mercury News. Posted at 01:16 PM by Howard Bashman "Super sweet letter from Justice Sonia Sotomayor. Supreme Court Judge extraordinaire!" Chef Kyle Bailey of the restaurant Birch & Barley has this tweet and accompanying photograph. Posted at 01:09 PM by Howard Bashman "Under the U.S. Supreme Court: Affirmative action again on trial." Michael Kirkland of UPI has this report. And in today's edition of The Los Angeles Times, Richard Sander and Stuart Taylor Jr. have an op-ed entitled "Do race preferences help students? There's evidence that many students don't thrive in colleges for which they're far less prepared than their fellow students." Saturday, October 6, 2012 "High court to hear arguments on UT's consideration of race in admissions": This article appears today in The Austin American-Statesman. The Associated Press has a report headlined "'Critical mass' key to affirmative action case." Stateline reports that "Affirmative Action Gets a Hearing." Paul Barrett of BloombergBusinessweek has an article headlined "The Corporate Case for Affirmative Action." Yesterday's edition of The Harvard Crimson contained an article headlined "Attorney Speaks On Harvard Amicus Brief." In tomorrow's edition of The New York Times, Lincoln Caplan will have an Editorial Observer essay entitled "Colleges Value Diversity, but Will the Court?" And in yesterday's edition of that newspaper, Thomas J. Espenshade had an op-ed entitled "Moving Beyond Affirmative Action." And in yesterday's edition of The Wall Street Journal, Gerald Walpin had an op-ed entitled "Race and the Law at the Supreme Court: With Fisher v. University of Texas, the court has a chance to do the right thing--end the use of racial preferences." You can freely access the full text of the op-ed via Google News. "Fla. Supreme Court justices fight back to retain seats; Florida's Supreme Court justices have learned the art of brass knuckle politics as a merit retention fight heats up": The Miami Herald has this report. Posted at 09:46 PM by Howard Bashman "Judges Rule for Judges on Pay": Brent Kendall has a post today at WSJ.com's "Law Blog" that begins, "Refereeing a remarkable dispute between the judiciary and Congress, a divided federal appeals court ruled late Friday afternoon that lawmakers violated the Constitution by blocking cost-of-living salary increases for federal judges." You can access yesterday's en banc ruling of the U.S. Court of Appeals for the Federal Circuit at this link. Friday, October 5, 2012 "Canada's newest Supreme Court judge pitches his street smarts": In today's edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, "The country's newest Supreme Court of Canada judge, Mr. Justice Richard Wagner, turned inexperience into a virtue on Thursday, telling a parliamentary committee that he will bring to the top court a practising lawyer's sense of street savvy." Posted at 08:54 PM by Howard Bashman "US court mulls Arabic flashcards, Pa. airport stop": The Associated Press has a report that begins, "A college student handcuffed at Philadelphia International Airport for several hours over Arabic language flashcards asked a U.S. appeals court Friday to let him pursue his lawsuit against five federal agents." Posted at 07:50 PM by Howard Bashman "Supreme Court Justice's Son Bids For California Statehouse Seat": BuzzFeed Politics has a report that begins, "The son of Supreme Court Justice Stephen Breyer, a leader of the court's liberal wing, is in a tough race for California State Assembly in San Francisco." You can view Michael Breyer's campaign web site at this link. "Obama administration asks Supreme Court to rule on generic-drug delays": This article appears today in The Washington Post. And Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a report headlined "FTC cert petition puts SCOTUS in pay-for-delay pickle." "Florida Supreme Court judges fight for their jobs": Reuters has a report that begins, "Facing unprecedented political opposition, three Florida Supreme Court justices are fighting back against Republicans and conservative activists seeking to change the balance in the state's highest court by getting voters to fire them." Posted at 07:22 PM by Howard Bashman "Analysis: Republicans lead Obama in war for judicial dominance." Joan Biskupic of Reuters has this report. Posted at 02:33 PM by Howard Bashman "Court grants 7 new cases": Lyle Denniston has this post at "SCOTUSblog." You can access today's Order List of the U.S. Supreme Court at this link. In early news coverage, The Associated Press has a report headlined "Court: Can Va. keep out-of-staters from using FOI?" "North Bergen shock jock released from prison": NorthJersey.com has a news update that begins, "Harold 'Hal' Turner, the incendiary Internet radio shock jock and former national security confidential source for the FBI, walked out of a halfway house in Newark this morning after serving nearly three years in prison for threatening federal judges." Posted at 12:22 PM by Howard Bashman "Symposium Revisits Landmark Student-Speech Cases": Mark Walsh of Education Week has this report (pass-through link). Posted at 12:07 PM by Howard Bashman "Scalia says abortion, gay rights are easy cases": Mark Sherman of The Associated Press has this report. Posted at 12:03 PM by Howard Bashman "The New Price of American Politics": This lengthy profile of attorney James Bopp Jr. appears in the October 2012 issue of The Atlantic magazine. And online at Slate, Jon Campbell has a jurisprudence essay entitled "James Bopp Jr. Gets Creative: How does the conservative maestro of campaign finance fund his legal work?" Thursday, October 4, 2012 "Supreme Court Questions Federal Government's Narrow Reading of the Takings Clause": Damon W. Root has this blog post online at Reason. Posted at 07:50 PM by Howard Bashman "Retired justice revisits Fla. beach protection case": Lawrence Hurley of Greenwire has this report. You can access at this link the prepared text of the remarks that retired Justice John Paul Stevens delivered yesterday. "Montana Judge, Author of Racist Email About Obama, to Take Senior Status": Matthew Huisman has this post at "The BLT: The Blog of Legal Times." Posted at 05:04 PM by Howard Bashman "Lawsuit over Thomas Jefferson's wine too late, U.S. court finds": Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today. Posted at 03:37 PM by Howard Bashman "Author describes new book that goes behind the scenes of the Supreme Court": Del Quentin Wilber has this blog post online at The Washington Post. Among the questions that author Jeffrey Toobin addresses in the interview is "Roberts vs. Obama in a cage-fighting match. Who wins?" Posted at 11:57 AM by Howard Bashman Eighth Circuit upholds dismissal of challenge to Affordable Care Act's individual mandate provision for lack of standing: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit, in a lawsuit brought by a group of plaintiffs including the Lieutenant Governor of Missouri (in his personal capacity), at this link. Posted at 11:25 AM by Howard Bashman "Circuit Split Watch: Earning a Return on Seized Money." Michelle Olsen has this post today at her "Appellate Daily" blog. Posted at 10:56 AM by Howard Bashman "Book Case: Understanding Justice William Rehnquist." Joseph Schuman of Reuters has an essay that begins, "The William Rehnquist of John Jenkins's new biography is the same rigid, reactionary and arguably racist jurist hated by liberals and loved by conservatives during his three decades on the Supreme Court and 19 years leading it. But Jenkins's 'The Partisan: The Life of William Rehnquist' breaks new ground by unearthing the roots of Rehnquist's judicial dogma." Posted at 09:10 AM by Howard Bashman "Supreme Court asks for review of LU's challenge to healthcare act": This article appears in today's edition of The News & Advance of Lynchburg, Virginia. Posted at 07:56 AM by Howard Bashman "Your right to resell your own stuff is in peril; It could become illegal to resell your iPhone 4, car or family antiques": At MarketWatch, Jennifer Waters has an essay that begins, "Tucked into the U.S. Supreme Court's busy agenda this fall is a little-known case that could upend your ability to resell everything from your grandmother's antique furniture to your iPhone 4." Posted at 07:54 AM by Howard Bashman "The Federal Circuit, Not the Supreme Court, Legalized Software Patents": Timothy B. Lee has this blog post at Forbes.com. Posted at 07:52 AM by Howard Bashman "Visit from Supreme Court official results in gift of WWII memento for Pittsburg veteran, fly fishing expert": Today's edition of The Contra Costa Times contains an article that begins, "Most attorneys dream of one day making an impression on the nation's highest court. Clark Strickland, a World War II veteran and fly-fishing expert, has done that without cracking open a law book. It all started when Jeffrey Minear, counselor to Chief Justice John Roberts, came in to the San Francisco Orvis fly-fishing store where Strickland works." Posted at 07:51 AM by Howard Bashman Wednesday, October 3, 2012 "Justices Press Lawyers for Broad Solutions": Adam Liptak will have this article Thursday in The New York Times. Posted at 11:22 PM by Howard Bashman "Study: Race-neutral admissions can work." The Associated Press has a report that begins, "As the Supreme Court revisits the use of race in college admissions next week, critics of affirmative action are hopeful the justices will roll back the practice. A new report out Wednesday offers a big reason for their optimism: evidence from at least some of the nine states that don't use affirmative action that leading public universities can bring meaningful diversity to their campuses through race-neutral means." And online at Slate, Emily Bazelon has a jurisprudence essay entitled "Tell Slate Your Affirmative Action Story: The Supreme Court is about to hear a huge case on race-conscious college admissions; How has this issue affected you?" "Supreme Court: Must government pay compensation for dam's temporary flooding?" Robert Barnes will have this article Thursday in The Washington Post. And Michael Doyle of McClatchy Newspapers reports that "Supreme Court wades into flood-control compensation argument." "Are class action lawyers in Arkansas snubbing SCOTUS (and CAFA)?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a report that begins, "Over the summer, the justices of the U.S. Supreme Court made one of the most improbable grants of certiorari you will ever see." Posted at 08:35 PM by Howard Bashman "Sept. 11 defense lawyers seek delay, blame rats; Lawyers for the alleged 9/11 mastermind said Wednesday that their offices at Guantanamo are a health hazard and that a proposed prosecution alternative is too cramped": Carol Rosenberg of The Miami Herald has this news update. Posted at 08:32 PM by Howard Bashman "Supreme Court weighs federally created floods": Jonathan Stempel of Reuters has this report. And Lawrence Hurley of Greenwire reports that "Justices consider Ark. claim against Army Corps." You can access at this link the transcript of today's U.S. Supreme Court oral argument in Arkansas Game and Fish Comm'n v. United States, No. 11-597. Update: At "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: 'Trust us' as a legal standard." "2nd Circuit drops hint: Morrison may limit reach of criminal laws." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. Posted at 03:57 PM by Howard Bashman "Bigger bucks come to Supreme Court clerks who wait": Reynolds Holding and Richard Beales have an essay online at Reuters Breakingviews that begins, "Bigger bucks come to Supreme Court clerks who wait. Top U.S. law firms are offering $280,000 signing bonuses to lure the young attorneys who work with America's nine top judges. But many do stints with the government first. A new Breakingviews calculator shows how that path can be financially smarter over the long run." Posted at 02:44 PM by Howard Bashman "Vitro to Ask U.S. Court to Enforce Mexican Reorganization": Bloomberg News has this report previewing a case scheduled for oral argument today in the U.S. Court of Appeals for the Fifth Circuit. Posted at 10:42 AM by Howard Bashman "Argument preview: What does a court's silence mean?" Lyle Denniston has this post at "SCOTUSblog." Posted at 09:03 AM by Howard Bashman "Analysis: How opponents held back the U.S. voter ID tide." Andrew Longstreth of Reuters has this report. Posted at 09:02 AM by Howard Bashman "Statesman's heirs wrest historic papers from NC": The Associated Press has a report that begins, "Descendants of one of the first U.S. Supreme Court justices won a legal fight Tuesday against the state of North Carolina over ownership of their ancestor's historic papers, which could be worth millions." You can access yesterday's ruling of the Court of Appeals of North Carolina at this link. "Harper nominates Quebec judge Wagner to Supreme Court": Kirk Makin has this article today in The Toronto Globe and Mail. And The Montreal Gazette reports that "Wagner has presided over important Quebec cases." Tuesday, October 2, 2012 "Another Scalia Vexes Regulators": This article will appear Wednesday in The Wall Street Journal. You can freely access the full text of the article via Google News. "Wire Tapping, Gay Marriage On SCOTUS Docket": This audio segment featuring David G. Savage of The Los Angeles Times appeared on today's broadcast of NPR's "Talk of the Nation." Posted at 08:07 PM by Howard Bashman "Justice Scalia Speaks About 'Reading Law' at D.C. FedSoc Event": You can access this recap of today's event at the "FedSoc Blog." Posted at 07:36 PM by Howard Bashman "Was Hitler a pirate? Answer may shape SCOTUS Kiobel decision." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. Posted at 07:33 PM by Howard Bashman "Argument preview: Duty to pay for flooding." Lyle Denniston has this post at "SCOTUSblog." Posted at 06:15 PM by Howard Bashman "G.O.P. Aims to Remake Florida Supreme Court": This article will appear Wednesday in The New York Times. Posted at 05:40 PM by Howard Bashman "Gay Marriage's Ballot Test": Jeffrey Toobin has this blog post online at The New Yorker. Posted at 04:30 PM by Howard Bashman "Court extends stop on order blocking indefinite detention law": Josh Gerstein of Politico.,com has this blog post reporting on an order that the U.S. Court of Appeals for the Second Circuit issued today. Posted at 04:00 PM by Howard Bashman "Court: Can gov't be sued for credit card mistakes?" The Associated Press has a report that begins, "The Supreme Court is questioning whether the federal government can be sued for violating federal credit card laws that ban the printing of credit card numbers and expiration dates on receipts." You can access at this link the transcript of today's U.S. Supreme Court oral argument in United States v. Bormes, No. 11-192. Update: In other coverage, Jonathan Stempel of Reuters reports that "Supreme Court weighs U.S. liability under credit reporting law." "Fla. justices question law license for immigrant": The Associated Press has a report that begins, "Most of the Florida Supreme Court justices appear skeptical of granting a law license to an illegal immigrant." Update: In other coverage, Reuters reports that "Florida weighs case of illegal immigrant who passed bar exam." "2011 Major Opinion Announcements Posted": According to this post at the Oyez site, yesterday the U.S. Supreme Court released the audio of that Court's opinion announcements for the 2011 Term. The audio of the opinion announcements in the Affordable Care Act cases consists of three parts: Chief Justice John G. Roberts, Jr.; Justice Ruth Bader Ginsburg; and Justice Anthony M. Kennedy. Majority on partially divided Sixth Circuit panel rejects various of Planned Parenthood's challenges to an Ohio law regulating the abortion-inducing medication known as RU-486: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link. Posted at 10:14 AM by Howard Bashman Today's Pennsylvania Commonwealth Court voter ID ruling is now available online: You can access the ruling at this link. Update: In early news coverage, The Associated Press reports that "Judge halts Pa.'s tough new voter ID requirement." Bloomberg News reports that "Pennsylvania Judge Bars Voter-ID Law for 2012 Election." And Reuters reports that "Judge halts Pennsylvania's controversial voter ID law." "Superior Court to Begin Posting Unpublished Memorandums": In today's edition of Pennsylvania Law Weekly, Zack Needles has an article that begins, "The state Superior Court will begin posting all unpublished memorandum decisions on its website in the 'very near future,' according to President Judge Correale F. Stevens." You can access the article, in which I am quoted, at this link. "Supreme Court meets under a shadow": Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center. Posted at 08:55 AM by Howard Bashman "As Scalia Falters, Will Alito Fill the Void on the Right? Uncle Nino's 'originalism' looks back, because the past is good; young Sam Alito looks forward, out of fear the future will be bad." Law professor Garrett Epps has this essay online at The Atlantic. Posted at 08:54 AM by Howard Bashman "Florida justices hearing immigrant lawyer case": The Associated Press has a report that begins, "The Florida Supreme Court is hearing oral arguments about whether an illegal immigrant can be granted a law license. The case will be heard Tuesday." The oral argument is scheduled to begin at 9 a.m. eastern time today, and you can view the oral argument live, online via this link. "Supreme Court ponders U.S. lawsuits over corporate abuses committed abroad": Robert Barnes has this article today in The Washington Post. Posted at 08:47 AM by Howard Bashman Monday, October 1, 2012 In very sad news from New Haven: The Connecticut Post reports that "Mark R. Kravitz, federal judge, dies at 62." And The Connecticut Law Tribune reports that "U.S. District Judge Mark Kravitz Passes Away; Well-respected jurist dies of ALS at age 62." "Supreme Court weighs whether Lozman's houseboat in Riviera Beach was a vessel": The Palm Beach Post has this news update. Posted at 09:18 PM by Howard Bashman "Justices Begin Term by Hearing Case Again": Adam Liptak will have this article Tuesday in The New York Times. David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court weighs whether foreign victims can sue in U.S." In Tuesday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Justices Probe 'Alien Tort' Law; Some Question Whether Statute Should Apply to Wrongs Committed Overseas." You can freely access the full text of the article via Google News. And Warren Richey of The Christian Science Monitor has an article headlined "At Supreme Court: Can US courts be venue for human rights cases from abroad? On Day 1 of its term, the US Supreme Court heard a case involving allegations by 12 Nigerians that a foreign oil firm abetted human rights abuses in Nigeria 20 years ago; Alien Tort Statute, originally aimed at allowing legal action against pirates, lies at heart of the case." "The Most Conservative Supreme Court": Lincoln Caplan has this blog post online at The New York Times. Posted at 09:08 PM by Howard Bashman "High court spotlight misses First Amendment": Tony Mauro has this essay online at the First Amendment Center. Posted at 09:03 PM by Howard Bashman "Supreme Court Weighs Major Human-Rights Case": Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered." Earlier, on today's broadcast of "Morning Edition," Totenberg had an audio segment entitled "High Court Preps For Another Headline-Making Term." "Supreme Court to decide if town's destruction of floating home was all wet": Michael Doyle of McClatchy Newspapers has this report. Posted at 08:00 PM by Howard Bashman "Stop Pagination Now: Why websites should not make you click and click and click for the full story." Farhad Manjoo has this essay online at Slate. Posted at 07:28 PM by Howard Bashman "Argument recap: If it floats, so what?" Lyle Denniston has this blog post at "SCOTUSblog." And at WSJ.com's "Law Blog," Brent Kendall has a post titled "I'm on a Boat! (Or Maybe I'm Not)." "Supreme Court Debates Whether US Courts Can Take Human Rights Cases Overseas": Ariane de Vogue of ABC News has this blog post. And online at Slate, Emily Bazelon has a jurisprudence essay entitled "Torture Inc.: The Supreme Court term begins with a knotty human rights claim against big oil." "Court: Child porn victims can get restitution." The Associated Press has a report that begins, "Child pornography victims can recover money from people convicted of viewing their abuse without having to show a link between the crime and their injuries, a federal appeals court ruled Monday. The decision conflicts with rulings by several other federal circuits, possibly setting the stage for a Supreme Court challenge." You can access today's en banc ruling of the U.S. Court of Appeals for the Fifth Circuit in In re: Amy Unknown at this link. "Smile for the Camera: The long lost photos of the Supreme Court at work--and what they reveal." Law professor Sonja West has this jurisprudence essay online at Slate. Posted at 04:18 PM by Howard Bashman "Aging Supreme Court justices may open seats for next president": Michael Doyle of McClatchy Newspapers has this report. Posted at 04:13 PM by Howard Bashman "Justices weigh human rights claims against Shell": Lawrence Hurley of Greenwire has this report. And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: In search of an ATS compromise." "5th U.S. Circuit Court of Appeals gets first black chief judge": The Associated Press has this report. And at the "Tex Parte Blog" of Texas Lawyer, John Council has a post titled "Scarlet robe handed down to 5th Circuit's new chief judge, a friend of the late jurist who originated the tradition." "Court seems unclear on house versus boat question": The Associated Press has this report. You can access at this link the transcript of today's U.S. Supreme Court oral argument in Lozman v. Riviera Beach, No. 11-626. "High court begins new term with human rights case": Mark Sherman of The Associated Press has this report. Jonathan Stempel of Reuters reports that "Supreme Court may narrow law in human rights cases." And Greg Stohr of Bloomberg News reports that "Human-Rights Suits May Be Limited in Top Court Shell Case." You can access at this link the transcript of today's U.S. Supreme Court oral argument in Kiobel v. Royal Dutch Petroleum Co., No. 10-1491. "Health Care Case Is Seen as Helping Law but Hurting Court": Adam Liptak will have this new installment of his "Sidebar" column Tuesday in The New York Times. Posted at 01:54 PM by Howard Bashman Eighth Circuit opinion issued today contains helpful chart listing details of "Eighth Circuit cases on the constitutionality of punitive damages after BMW of North America, Inc. v. Gore": You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. In the decision, the Eighth Circuit also holds that a religious organization's acts of beating and threatening of people are not protected by the First Amendment. Posted at 11:20 AM by Howard Bashman "Human rights in focus at U.S. Supreme Court": Jonathan Stempel of Reuters has this report. Posted at 09:44 AM by Howard Bashman Access online today's Order List of the U.S. Supreme Court: The Court has posted today's 88-page Order List at this link. The Court did not grant review in any new cases, but the Court did request the views of the Solicitor General in three cases. In early news coverage, The Associated Press reports that "High court rejects Wash. top-2 primary appeal"; "Court won't get involved in Minn. elections fight"; "Court won't hear anti-gay marriage group appeal"; "Court won't hear challenge in Neb. abortion case"; "High court rejects challenge to roadless rule"; and "High court won't hear wife's appeal in murder case." And at "SCOTUSblog," Lyle Denniston has a post titled "New look at health care?" "Class-Action Lawyers Face Triple Threat At Supreme Court": Daniel Fisher has this blog post at Forbes.com. Posted at 08:45 AM by Howard Bashman "How a rogue appeals court wrecked the patent system: Federal Circuit Appeals Court marks 30 years of spreading the 'patent gospel.'" Timothy B. Lee has this blog post at "Ars Technica." Posted at 08:33 AM by Howard Bashman "President Barack Obama has heavily influenced federal courts in Bay Area": Howard Mintz has this Ninth Circuit-related article today in The San Jose Mercury News. Posted at 08:32 AM by Howard Bashman "Floating home or vessel? South Florida man's case going before U.S. Supreme Court; U.S. Supreme Court will hear a S. Fla. case whose outcome will have wide implications for those who live and work on the water." The Miami Herald has this report. Posted at 08:30 AM by Howard Bashman "Court Weighs Same-Sex to Race-Related Laws Following Obamacare": Greg Stohr of Bloomberg News has this report. Posted at 08:10 AM by Howard Bashman "Will court open with bad blood? Last term ended with contentious health care ruling; But justices won't let animosity, as with Congress, infect them," Tony Mauro has this op-ed today in USA Today. Posted at 07:30 AM by Howard Bashman "Lord Neuberger to be sworn in as new Supreme Court President": The Supreme Court of the United Kingdom issued this news release today. Posted at 07:28 AM by Howard Bashman "Another Big Supreme Court Term On The Docket": Yesterday's broadcast of NPR's "Weekend Edition Sunday" contained this audio segment featuring Nina Totenberg. And the start of the U.S. Supreme Court's October Term 2012 marks the tenth anniversary of "SCOTUSblog." "Election's winner may shape Supreme Court; Vacancies likely within next 4 years": This article appears today in The Boston Globe. And Bill Mears of CNN.com has items headlined "Supreme Court possibilities if Obama is reelected" and "Supreme Court possibilities if Romney wins election." Sunday, September 30, 2012 "Why the court wants to try again": In Monday's edition of The Washington Post, Richard Sander and Stuart Taylor Jr. will have an op-ed that begins, "The Supreme Court is scheduled to hear oral argument next week in Fisher v. University of Texas, the high court's first case on the use of race in higher education admissions since its 2003 decisions in Gratz v. Bollinger and Grutter v. Bollinger." Posted at 09:48 PM by Howard Bashman "As US Supreme Court opens, all eyes on Chief Justice John Roberts; The US Supreme Court opens its 2012-2013 term Monday with Justice Anthony Kennedy again the likely swing vote; But given his vote on the Affordable Care Act, Chief Justice John Roberts may not be predictably conservative either": Warren Richey of The Christian Science Monitor has this report. Posted at 09:24 PM by Howard Bashman "Justice Kennedy Is Back for More Torture": Law professor Noah Feldman has this essay online at Bloomberg View. Posted at 09:22 PM by Howard Bashman "The Supreme Court, absent from the election debate": Robert Barnes will have this article Monday in The Washington Post. And Bill Mears of CNN.com reports that "Election raises stakes for possible Supreme Court vacancies." "Houseboat Case Docks at Supreme Court": Brent Kendall will have this article Monday in The Wall Street Journal. You can freely access the full text of the article via Google News. And Monday's edition of USA Today will contain an article headlined "Trader's floating home battle goes to Supreme Court." "Supreme Court justices attend annual Red Mass": The Associated Press has this report. And lest we forget that the subject of a sentence determines the number of the verb, CNN.com has a blog post titled "Record number of justices attends Red Mass."  
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