1-How Paul Clement Wishes He Could Prepare for Argument
- My interview with the former Solicitor General tops the list this year. It is also the most popular post in the blog's history, by far.
2-Circuit Split Watch: Is Personal Use of a Work Computer a Federal Crime?
- The United States decided not to appeal the Ninth Circuit decision featured in this post, perhaps "scared off by [Chief] Judge Kozinski's opinion" for the en banc majority, according to Professor Orin Kerr quoted in Wired. "It would have been the first document that the [Supreme Court] justices read, and it's a pretty powerful brief against the government's position," said Kerr.
- The computer-use issue is still alive, though. A pending petition for certiorari from the Fourth Circuit on the issue (12-518) gives the Supreme Court the chance to weigh in.
3-Circuit Split Watch: A New Abortion Battleground
- This split is ready and waiting for a vehicle to get it to the Supreme Court. The Oklahoma state court case, mentioned at the end of the post, is the one to watch right now. On December 4, the state supreme court struck down Oklahoma's pre-abortion ultrasound requirement. That day, the state attorney general said in a press release that his office is considering an appeal.
- The Texas federal case is over; it was not appealed to the Supreme Court. The North Carolina federal case is still pending below. See Abortion Ultrasound Cases (Updates and Correction).
4-Judge Wilkinson on Cri de Coeur, Law Clerks, and a Germophobic Third Circuit
- The Green Bag recently recognized Judge Wilkinson's book, discussed in this post, in its 2012 Exemplary Legal Writing honors.
5-Circuit Split Watch: Former Federal Judge Seeks Restitution for Victims
- Judge Cassell has asked the Supreme Court (12-651) to review the Ninth Circuit decision highlighted in this post. Other petitions could follow in the coming months.