How Appealing


Monday, May 22, 2017

Access today's rulings of the U.S. Supreme Court in argued cases: The Court today issued rulings in three argued cases.

1. Justice Elena Kagan delivered the opinion of the Court in Cooper v. Harris, No. 15-1262. Justice Clarence Thomas issued a concurring opinion. And Justice Samuel A. Alito, Jr. issued an opinion concurring in the judgment in part and dissenting in part, in which Chief Justice John G. Roberts, Jr. and Justice Anthony M. Kennedy joined. You can access the oral argument via this link.

2. Justice Alito delivered the opinion for a unanimous Court in Water Splash, Inc. v. Menon, No. 16-254. You can access the oral argument via this link.

3. And Justice Thomas issued the opinion for a unanimous Court in TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341. You can access the oral argument via this link.
Posted at 10:03 AM by Howard Bashman




"Breaking: #SCOTUS Declines Soft Money Case; Thomas and Gorsuch Would Vote to Hear." Rick Hasen has this post at his "Election Law Blog."
Posted at 09:52 AM by Howard Bashman




"Supreme Court offers rare glimpse into life of a top justice": Sean Fine of The Toronto Globe and Mail has this report.
Posted at 09:45 AM by Howard Bashman




Access today's Order List of the U.S. Supreme Court: At this link. The Court granted review in one new case and summarily affirmed in a direct appeal case. In the direct appeal case, the order states that Justices Clarence Thomas and Neil M. Gorsuch would have noted probable jurisdiction and set the case for oral argument.
Posted at 09:33 AM by Howard Bashman




Sunday, May 21, 2017

"Status Check: Where Voting Rights Cases Stand With The Supreme Court." This audio segment featuring law professor Richard L. Hasen -- author of the "Election Law Blog" -- appeared on today's broadcast of NPR's "Weekend Edition Sunday."
Posted at 11:28 PM by Howard Bashman




"Despite high court's decision on N.C. voting law, activists worry about chief justice": Robert Barnes of The Washington Post has this report.
Posted at 11:20 PM by Howard Bashman




"FAA Rules on Recreational Drone Registry Struck Down; Appeals court finds agency lacked authority to require registration": Jacob Gershman had this article in Saturday's edition of The Wall Street Journal.

David Koenig and Sam Hananel of The Associated Press report that "Appeals court strikes down FAA drone registration rule."

Reuters reports that "U.S. federal court throws out case against FAA's drone policy."

Andrew M Harris and Alan Levin of Bloomberg News report that "Hobbyists' Path to Drones Gets Easier as Court Rebuffs FAA."

And David Kravets of Ars Technica reports that "Court ruling nullifies US requirement that hobbyists register drones; FAA ponders options as appellate court withholds enforcing decision for seven days."

Circuit Judge Brett M. Kavenaugh wrote Friday's ruling of the U.S. Court of Appeals for the D.C. Circuit on behalf of a unanimous three-judge panel.
Posted at 11:15 PM by Howard Bashman




15 years of "How Appealing" -- reader mail: Today's email is from law professor Michael Risch:
When I first went into academia, I noticed that my colleagues (and bloggers) always seemed to know the latest cases to come out, wherever, whenever. I thought to myself, "How can all these people keep up with all of this?" I then discovered their (not so well-kept) secret -- How Appealing. It's like one stop shopping for what's happening in the courts; a professor's dream. Since I started teaching, keeping up has gotten easier due to modern technology, but there is still only one source that continually provides more than the rest.
Professor Risch, thank you for your email. I have heard similar realizations from others that their colleagues -- whether judges, judicial law clerks, or practicing lawyers -- must be "How Appealing" readers based on what legal developments they are discussing at any given time. I will post another reader email tomorrow.
Posted at 01:28 PM by Howard Bashman




"Texas House OKs new abortion limits despite court defeats": The Associated Press has this report.
Posted at 01:20 PM by Howard Bashman




"Roaming Charges: The U.S. Supreme Court could soon consider whether police can review a cellphone's whereabouts without a warrant." Matt Ford of The Atlantic has this report.
Posted at 01:18 PM by Howard Bashman




"Ohio Supreme Court justice backs legalizing marijuana": John Seewer of The Associated Press has this report.
Posted at 01:15 PM by Howard Bashman




"N.J. lawmakers want voters to decide if Supreme Court justices should keep their jobs": S.P. Sullivan of NJ.com has this report.
Posted at 01:10 PM by Howard Bashman




"GOP talks of narrowing 'blue-slip' rule for judges": Lydia Wheeler of The Hill has this report.
Posted at 01:05 PM by Howard Bashman




Saturday, May 20, 2017

"Will the Presidency Survive This President? Mr. Trump's recklessness may force Congress or the courts to constrain him, diminishing the power of the office." Law professor Eric Posner and Emily Bazelon will have this news analysis in the Sunday Review section of tomorrow's edition of The New York Times.
Posted at 11:50 PM by Howard Bashman




15 years of "How Appealing" -- reader mail: Today's email is from General William K. Suter, former Clerk of the U.S. Supreme Court:
Dear Howard:

Congratulations on 15 years! When I was Clerk of the U.S. Supreme Court I read your blog almost every day. It is an excellent resource. Thank you for your service to the legal community.

Warm regards,

Bill Suter

General Suter, thank you for your very kind email and for your many years of service to the Supreme Court and our nation. It has been a pleasure to have you as a reader then and now. I will post another reader email tomorrow.
Posted at 11:00 AM by Howard Bashman




"A massive FBI child porn probe has lawyers asking: Does the end justify the means?" Stephen Montemayor has this front page article in today's edition of The Minneapolis Star Tribune.
Posted at 10:45 AM by Howard Bashman




"D.C. Circuit Review -- Reviewed: 'Someone Else's Money.'" Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 10:42 AM by Howard Bashman




"Minnesota sex offenders seek to take their case to the U.S. Supreme Court": Chris Serres of The Minneapolis Star Tribune has this report.
Posted at 10:30 AM by Howard Bashman




"Michigan Supreme Court justices could get 1st raise in 17 years": Paul Egan of The Detroit Free Press has this report.
Posted at 10:26 AM by Howard Bashman




Friday, May 19, 2017

"One Of Trump's Judicial Nominees Blogged Under A Pen Name That Ted Cruz Was A 'Sore Loser'": Zoe Tillman of BuzzFeed News has this report.
Posted at 04:18 PM by Howard Bashman




"R-E-S-P-E-C-T(ing) The Denial Of Rehearing En Banc: Paging all legal nerds . . . ." David Lat has this post at "Above the Law."
Posted at 03:12 PM by Howard Bashman




"8 judges on Venezuela's Supreme Court hit with US sanctions": Joshua Goodman and Christina Armario of The Associated Press have this report.
Posted at 01:57 PM by Howard Bashman




15 years of "How Appealing" -- reader mail: Today's email is from attorney Peter Goldberger:
Congratulations!

Amazing 15 year run. I have read the blog nearly every day for all those years. I have probably learned something interesting about my field every week from reading HA, and something I could use to help a client in a current case at least once a month. No other online resource comes close.

Peter, thank you for the very kind email, for your friendship over the years, and for sending along blog-worthy items from time to time. I will post another reader email tomorrow.
Posted at 01:37 PM by Howard Bashman




"11th Circuit Greenlights Smokers' Suits Against Tobacco Companies": Katheryn Hayes Tucker of The Fulton County Daily Report has an article that begins, "The U.S. Court of Appeals for the Eleventh Circuit issued a 284-page en banc opinion Thursday saying that smokers who won a class action against tobacco companies can also file individual lawsuits."

And WUSF News reports that "Appeals Court Deals Blow To Tobacco Companies."

Circuit Judge William H. Pryor, Jr. wrote yesterday's majority opinion for the en banc U.S. Court of Appeals for the Eleventh Circuit. Circuit Judge Gerald Bard Tjoflat -- who at least for the time being remains exempt from the word-count limits of the Federal Rules of Appellate Procedure -- issued a 227-page dissenting opinion (excluding exhibits).
Posted at 01:20 PM by Howard Bashman




"The Constitutional Challenge To The CFPB": Leah Litman has this post at the "Take Care" blog.
Posted at 01:00 PM by Howard Bashman




"Developing law's methodology": Will Baude has this post at "The Volokh Conspiracy" linking to a symposium issue of The University of Chicago Law Review now available online. The issue contains a bunch of interesting submissions, including two by currently serving Seventh Circuit judges.
Posted at 12:15 PM by Howard Bashman




"Faith, Family, and Religious Freedom: A Conversation with Justice Samuel Alito." Eric Banecker has this post at the "Seminarian Casual" blog.
Posted at 12:09 PM by Howard Bashman




"Mark your calendars now for AJEI 2017, the nation's premier appellate educational event!" The Appellate Judges Education Institute has posted this "Save the Date" notice online.

The Summit will take place from Thursday, November 2 through Sunday, November 5, 2017 in Long Beach, California. I will be attending the Summit and will be the moderator of a panel on the morning of Saturday, November 4th that fans of appellate law blogs and of the "First Mondays" podcast won't want to miss.
Posted at 12:06 PM by Howard Bashman




"The Simple Answer to Judge Paez's Question about Korematsu": Josh Blackman has this post at the "Lawfare" blog.
Posted at 11:58 AM by Howard Bashman




Thursday, May 18, 2017

"Pa. Man Fights Honda's Bid To Rehear Appeal Of $55M Verdict": Dan Packel of Law360.com has this report (subscription required for full access) on a court filing that I linked to in this post from yesterday.
Posted at 10:24 PM by Howard Bashman




"John K. Bush -- Nominee to the U.S. Court of Appeals for the Sixth Circuit": Harsh Voruganti has this post at his blog, "The Vetting Room."
Posted at 08:35 PM by Howard Bashman




"Arizona prison officials cannot read inmates' legal mail: appeals court." Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 08:30 PM by Howard Bashman




"Democratic attorneys general seek to intervene in Obamacare case": Dan Levine, Lawrence Hurley, and Yasmeen Abutaleb of Reuters have this report.
Posted at 04:30 PM by Howard Bashman




15 years of "How Appealing" -- reader mail: Today's email is from law professor and Pulitzer Prize-winning author David J. Garrow -- whose newest book, "Rising Star: The Making of Barack Obama," became available for purchase last week:
For all of 15 years now, you have offered a remarkable and indeed incalculable pro bono contribution toward increasing thousands of readers' awareness and knowledge of what's taking place in American courts and law. Apart from your remarkably brief and arguably insufficient once-a-year weekly vacation, I believe I can accurately state that I click on my How Appealing bookmark each and every day. I wish you every continued professional and personal success.
David, thanks so much for your very kind words and for your friendship over the years. I wholeheartedly accept your advice to take more vacations! I will post another reader email tomorrow.
Posted at 01:14 PM by Howard Bashman




"A Trump Supreme Court Short-Lister Backs Up Sessions' Latest Criminal Justice Move": Zoe Tillman of BuzzFeed News has this report.
Posted at 12:53 PM by Howard Bashman







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