How Appealing


Monday, December 11, 2017

Access today's Order List of the U.S. Supreme Court: At this link. The Court today did not grant review in any new cases.
Posted at 09:33 AM by Howard Bashman




"Court refuses to reinstate netting lawsuit against Major League Baseball": Bob Egelko of The San Francisco Chronicle has this report on a non-precedential ruling that the U.S. Court of Appeals for the Ninth Circuit issued on Friday.
Posted at 08:30 AM by Howard Bashman




"Probing the Mueller Probe, and Inside the Chamber for Masterpiece Cakeshop: The (legal) highs and lows of the Russia investigation, and oral arguments in Masterpiece Cakeshop v. Colorado Civil Rights Commission." Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 08:26 AM by Howard Bashman




"OT2017 #9: 'Peak SG.'" You can access today's new installment of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 08:12 AM by Howard Bashman




"Mostly White and Male: Diversity Still Lags Among SCOTUS Law Clerks; Research conducted by The National Law Journal found 85 percent of all law clerks since 2005 have been white and twice as many men as women gain entry." Tony Mauro of The National Law Journal has this report.
Posted at 08:06 AM by Howard Bashman




Sunday, December 10, 2017

"Justices, Divided 5-4, Let Trump Shield DACA Documents": Adam Liptak had this article in Saturday's edition of The New York Times.

In Saturday's edition of The Washington Post, Robert Barnes had an article headlined "Supreme Court says administration for now need not turn over more DACA documents."

Richard Wolf of USA Today reports that "Supreme Court blocks order for White House to disclose DACA documents."

Jess Bravin and Brent Kendall of The Wall Street Journal report that "Supreme Court Says White House Can Withhold DACA Documents for Now; In a 5-4 vote, the court temporarily halted the release of Trump administration documents related to the program's cancellation."

Alex Swoyer of The Washington Times reports that "Supreme Court says Trump administration can withhold DACA docs for now."

Lawrence Hurley of Reuters reports that "U.S. top court blocks release of Trump 'Dreamer' immigrant documents."

Greg Stohr of Bloomberg News reports that "Supreme Court Shields Trump Administration on 'Dreamer' Documents."

And Josh Gerstein of Politico.com reports that "Supreme Court lifts orders to disclose DACA cancellation records; The justices split, 5-4, in dispute over Trump's decision to end protections for 'Dreamers.'"

You can access Friday evening's 5-to-4 order of the U.S. Supreme Court, and Justice Stephen G. Breyer's dissent therefrom, at this link.
Posted at 11:22 PM by Howard Bashman




"U.S. Appeals Court upholds conviction of Brendan Dassey in 'Making a Murderer' case": Bruce Vielmetti and Tom Kertscher of The Milwaukee Journal Sentinel have this report.

And in Saturday's edition of The New York Times, Daniel Victor had an article headlined "Court Rules Against Brendan Dassey, Subject of 'Making a Murderer.'"

You can access Friday's 4-to-3 ruling of the en banc U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 11:05 PM by Howard Bashman




"D.C. Circuit Review -- Reviewed: Thoughts from Judge Randolph." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 10:24 PM by Howard Bashman




"State Supreme Court runs up quite a tab": Columnist Phil Kabler has this essay online at The Charleston (W. Va.) Gazette-Mail.
Posted at 10:22 PM by Howard Bashman




"In Gay Wedding Cake Case, Equal Rights at Stake": Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 10:20 PM by Howard Bashman




"The Supreme Court's privacy case shows Congress needs to draw new lines": The Washington Post has published this editorial.
Posted at 10:18 PM by Howard Bashman




"The Baker and the Empire": Columnist Ross Douthat has this op-ed in today's edition of The New York Times.
Posted at 01:33 PM by Howard Bashman




List of federal appellate judges who clerked for Ninth Circuit Judge Alex Kozinski (by order of entry into judicial service, with the earliest listed first): D.C. Circuit Judge Brett M. Kavanaugh; Ninth Circuit Judge Sandra S. Ikuta; Ninth Circuit Judge Paul J. Watford; and Third Circuit Judge Cheryl Ann Krause.

List of widely read law blogs founded by Kozinski clerks having a contributor who retweeted the main accuser's personal account: "The Volokh Conspiracy."

List of U.S. Supreme Court-focused podcasts having one co-host who clerked for Judge Kozinski and the other co-host who questioned Judge Kozinski's post-accusation conduct: "First Mondays."

Elsewhere, Matthew Stiegler -- author of the "CA3blog" -- has two must-read Twitter threads, here and here, about the earlier judicial misconduct proceedings against Judge Kozinski.
Posted at 01:26 PM by Howard Bashman




"Republicans step up defense of 'not qualified' judicial nominees; GOP senators are ratcheting up their attacks on the American Bar Association, which has emerged as a stumbling block in President Donald Trump's effort to transform the courts": Seung Min Kim and John Bresnahan of Politico.com have this report.
Posted at 10:57 AM by Howard Bashman




Saturday, December 9, 2017

"Decisions, Decisions": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 09:12 PM by Howard Bashman




"There are likely several more stories to come." Law professor Nancy Rapoport has a blog post that begins, "Courtney Milan's post about Alex Kozinski is a harrowing read, but an important one."
Posted at 09:06 PM by Howard Bashman




"Justices to Hear Second Partisan Gerrymandering Case": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court will take up a second gerrymandering case this term."

Richard Wolf of USA Today reports that "Supreme Court to hear second case challenging election districts."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Widens Review of Gerrymandering; Justices agree to add a Republican challenge to redistricting in Maryland to an earlier Wisconsin case brought by Democrats."

Alex Swoyer of The Washington Times reports that "Supreme Court takes up second partisan gerrymandering case this term."

John Fritze of The Baltimore Sun reports that "Supreme Court agrees to hear Maryland redistricting case."

Lawrence Hurley of Reuters reports that "U.S. top court takes up Republican challenge to Maryland electoral district."

And Greg Stohr of Bloomberg News reports that "Partisan Gerrymandering Fight Expanded by U.S. Supreme Court."
Posted at 05:55 PM by Howard Bashman




"Trudeau nominated a woman for Canada's Supreme Court. Some progressives are disappointed." Alan Freeman of The Washington Post has this news analysis.
Posted at 05:38 PM by Howard Bashman




View the front page of today's print edition of The Washington Post: At this link.
Posted at 03:55 PM by Howard Bashman




Friday, December 8, 2017

"Misconduct Claims Against Kozinski Put New Spotlight on Past Controversies; 'Tell Kozinski to watch pornography at home and not in his own court,' the late Chief Justice William Rehnquist reportedly once said about the Ninth Circuit judge": Marcia Coyle of The National Law Journal has this report.
Posted at 10:02 PM by Howard Bashman




"The (other) attack on Chevron deference": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 08:02 PM by Howard Bashman




"9th Circuit Judge Alex Kozinski is accused by former clerks of making sexual comments": Maura Dolan of The Los Angeles Times has this report.
Posted at 07:56 PM by Howard Bashman




"Prominent appeals court Judge Alex Kozinski accused of sexual misconduct": Matt Zapotosky of The Washington Post has this report.
Posted at 05:48 PM by Howard Bashman




Access this evening's Order List of the U.S. Supreme Court: At this link. The Court granted review in six new cases and postponed jurisdiction in one direct appeal.
Posted at 05:38 PM by Howard Bashman




"How Clueless Straight White Guys Excuse Religious Homophobia": Nathaniel Frank has this Masterpiece Cakeshop-related essay online at Slate.
Posted at 05:07 PM by Howard Bashman




"The Case for the Baker in the Gay-Wedding Culture War": Andrew Sullivan has this post at the "Daily Intelligencer" blog of New York magazine.
Posted at 03:27 PM by Howard Bashman




"Trump travel ban and his tweets argued at federal appeals court": Ann E. Marimow of The Washington Post has this report.

Denise Lavoie of The Associated Press reports that "Trump travel heard by 4th US Circuit Court of Appeals."

Josh Gerstein of Politico.com reports that "Sparks fly over Trump tweets at travel ban court arguments; The president's tweet about bullets dipped in pigs' blood doesn't show an anti-Muslim bias, Justice Department lawyers argue."

And Zoe Tillman of BuzzFeed News reports that "Trump's Tweets Are Still Snagging The Justice Department's Travel Ban Defense."
Posted at 02:03 PM by Howard Bashman




Access online the audio of this week's U.S. Supreme Court oral arguments: Via this link.
Posted at 01:42 PM by Howard Bashman




"'Cosmopolitan' Publisher Preserves Legal Victory Over Unpaid Internships; The 2nd Circuit Court of Appeals won't revive a lawsuit brought by ex-interns at the Hearst Corporation": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:38 PM by Howard Bashman




"Thomas Porteous, ex-federal judge in New Orleans, cited in call for court inspector general": Drew Broach of The Times-Picayune of New Orleans has this report.
Posted at 01:30 PM by Howard Bashman




Access the contents of the December 2017 issue of the Harvard Law Review: Via this link.

The issue contains law professor Samuel L. Bray's article about nationwide federal district court injunctions and Ninth Circuit Judge Paul J. Watford's review of "The Law of Judicial Precedent."
Posted at 11:48 AM by Howard Bashman




"Two Very Wrong Perspectives on Masterpiece Cakeshop": John O. McGinnis has this post at the "Law and Liberty" blog.
Posted at 11:38 AM by Howard Bashman




"Fellow conservatives, it's time to call on Clarence Thomas to resign": Jay Kaganoff has this essay online at The Washington Post.

In response, at National Review's "Bench Memos" blog, Carrie Severino has a post titled "Washington Post Runs Column by Obscure 'Conservative' Who Says Justice Thomas Should Resign."
Posted at 11:33 AM by Howard Bashman




Listen live to this morning's Fourth Circuit oral argument in International Refugee Assistance Project v. Trump: The oral argument is scheduled to begin at 9 a.m. eastern time, and you can access the live oral argument feed online via this link.

On a related note, the Fourth Circuit has now joined the Ninth Circuit in having its own YouTube channel.

Update: The archived audio of this morning's en banc Fourth Circuit oral argument can be accessed via this link (83.4 MB mp3 audio file).
Posted at 09:00 AM by Howard Bashman




Thursday, December 7, 2017

"What If the Courts Were Filled With 'Little Scalias'? A recent book of the justice's speeches shows why great thinkers are needed, regardless of their politics." Law professor Stephen L. Carter has this essay online at Bloomberg View.
Posted at 11:57 PM by Howard Bashman







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