How Appealing


Monday, November 24, 2014

"Obama Foes Need Laws or Impeachment in Immigration Fight": Bloomberg News has this report.
Posted at 06:05 PM by Howard Bashman




"Re: Hijinks in the Ninth Circuit Clerk's Office." Ed Whelan has this follow-up post today at the "Bench Memos" blog of National Review Online.
Posted at 06:02 PM by Howard Bashman




"Governor names top Obama administration lawyer to California Supreme Court": Howard Mintz of The San Jose Mercury News has an update that begins, "Defying convention again in his picks for the California Supreme Court, Gov. Jerry Brown has decided to name a top Obama administration lawyer to a vacancy that has been lingering since early this year."

Maura Dolan of The Los Angeles Times has a news update headlined "Brown to nominate African American woman to California Supreme Court."

The Sacramento Bee has a blog post titled "Jerry Brown names Obama administration lawyer to California Supreme Court."

Dan Levine of Reuters reports that "African-American prosecutor named to California Supreme Court."

Profiles of nominee Leondra Kruger appeared at both WSJ.com's "Law Blog" and "The BLT: The Blog of Legal Times" in August 2010 when she was named acting principal deputy solicitor general in the U.S. Department of Justice.

The official news release announcing the nomination that California's Governor's office issued today is titled "Governor Brown Selects Leondra R. Kruger for California Supreme Court."
Posted at 03:48 PM by Howard Bashman




"Justices of the PA & U.S. Supreme Courts: Losing Civility?" The episode of The American Law Journal television program that I taped several weeks ago will air on TV tonight and is now available online via YouTube at this link.

Among the guests interviewed in studio, in addition to me, were law professor Garrett Epps, journalist Gina Passarella, and attorney J. Freedley Hunsicker, Jr. Video featuring comments from additional noteworthy guests -- including Lynn Marks of Pennsylvanians for Modern Courts; law professor Kermit Roosevelt; and former U.S. District Judge Edward N. Cahn -- also appears during the broadcast.
Posted at 03:40 PM by Howard Bashman




"Ex-Steelers player eyes Pennsylvania high court": The Associated Press has this report.
Posted at 03:24 PM by Howard Bashman




Answer in opposition to Third Circuit rehearing petitions filed today: One of the tasks I perform least frequently as an appellate attorney is drafting and filing answers in opposition to rehearing petitions filed in federal appellate courts.

Today, however, I filed such an answer in opposition. It came in an appeal in which my client prevailed before a three-judge panel of the U.S. Court of Appeals for the Third Circuit on October 17, 2014 by a 2-to-1 vote.

You can access the panel's opinion at this link. You can access the two rehearing petitions the defendants filed here and here. You can access the order requesting a response, which issued two Thursdays ago when I was in Dallas, at this link. And you can access my client's answer in opposition, filed today, at this link.
Posted at 03:14 PM by Howard Bashman




"SCOTUSblog on camera: Eric Schnapper (Part three)." You can access the video online at this link.
Posted at 01:30 PM by Howard Bashman




"Women still have a long way to go in judiciary": Bob Egelko has this article in today's edition of The San Francisco Chronicle.
Posted at 01:28 PM by Howard Bashman




"Hacker threatens 'bombshell' after Ottawa city websites attacked": The Toronto Globe and Mail has a news update that begins, "A hacker who took down several official websites in Ottawa during the weekend, including those of the municipality, the local police and the Supreme Court of Canada, is threatening further actions Monday."
Posted at 01:24 PM by Howard Bashman




"New 10 Commandments monument being built after first monument smashed": The Associated Press has this report from Oklahoma City.
Posted at 01:22 PM by Howard Bashman




"Here Are All The Cases Of Sexual Harassment Thrown Out Because Of One Supreme Court Decision": Bryce Covert of ThinkProgress has this report today.
Posted at 01:15 PM by Howard Bashman




"In Justices' Calculations on Gay Marriage, a Legal Golden Ratio Looms": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:00 PM by Howard Bashman




"Dear Eleventh Circuit: Please don't 'football fire' Judge Mark Fuller, just fire him." Columnist Kyle Whitmire has this essay online at AL.com.
Posted at 10:48 AM by Howard Bashman




"The Maverick -- A Biographical Sketch of Judge Richard Posner: Part I." Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 10:45 AM by Howard Bashman




"The Great Paper Caper: Someone swiped Justice Frankfurter's papers; What else has gone missing?" Jill Lepore has this article in the December 1, 2014 issue of The New Yorker.
Posted at 08:10 AM by Howard Bashman




"In Social-Media Era, When Is Free Speech Illegal? Top Court to Decide Whether Threats on Facebook Break Law." Jess Bravin has this article in today's edition of The Wall Street Journal.

You can freely access the full text of the article via Google.
Posted at 08:00 AM by Howard Bashman




"In Partisan Washington, Health Law Faces Grave Legal Technicalities": John Harwood has this article in today's edition of The New York Times.
Posted at 07:54 AM by Howard Bashman




Sunday, November 23, 2014

"Class Action Rulings Fuel Court's Reputation; That's one factor the NLJ's Supreme Court team sees driving perception that Supreme Court favors business": Amanda Bronstad will have this article in tomorrow's edition of The National Law Journal.

You can freely access the full text of the article via Google.
Posted at 09:55 PM by Howard Bashman




"Judicial elections getting more political with new campaign spending": This front page article appears in today's edition of The Los Angeles Times.
Posted at 09:46 PM by Howard Bashman




"Supreme Court case tests the limits of free speech on Facebook and other social media": Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 09:42 PM by Howard Bashman




"Campus Injustice: College disciplinary boards operating in secret impose slight penalties for violence as serious as rape and death." Today's edition of The Columbus (Ohio) Dispatch contains this lengthy front page article.
Posted at 01:20 PM by Howard Bashman




"As Gay Marriages Rise, Now Comes The Case For Same-Sex Divorce": This audio segment appeared on today's broadcast of NPR's "Weekend Edition Sunday."
Posted at 01:08 PM by Howard Bashman




"On Obamacare, the G.O.P. Lays a Trap for Itself": James Surowiecki had this post online last week at The New Yorker.
Posted at 01:03 PM by Howard Bashman




"Ottawa police, Supreme Court websites shut down after possible hack; Aerith, group that hacked City of Ottawa website Friday, claims responsibility": CBC News has this report.
Posted at 12:57 PM by Howard Bashman




"Four words that could deep-six Obamacare": Richard Wolf of USA Today has this report.
Posted at 12:55 PM by Howard Bashman




"'He'll Be Fabulous'; Judge Sid Thomas to become 9th Circuit's new chief judge": In today's edition of The Billings (Mont.) Gazette, Clair Johnson has a front page article that begins, "On Dec. 1, 9th U.S. Circuit Court of Appeals Judge Sidney R. Thomas of Billings will become the circuit's new chief judge."

In addition, Johnson today also has a related front page article headlined "Friends, colleagues praise Thomas as 'remarkable.'"
Posted at 09:50 AM by Howard Bashman




"Brooklyn federal judge lauded by Supreme Court Justice Sonia Sotomayor as he gains senior status; The Supreme Court justice hailed Brooklyn Federal Judge Nicholas Garaufis as a 'mensch' during a ceremony marking his elevation in status on the bench": The New York Daily News has this report.
Posted at 09:37 AM by Howard Bashman




"Amicus: Mental Illness and the Death Penalty; Dahlia Lithwick talks with Scott Panetti's lawyer and a law professor about issues raised by Panetti v. Quarterman." Slate posted this podcast online yesterday.
Posted at 09:30 AM by Howard Bashman




Saturday, November 22, 2014

"Obama's overreach? Look in the mirror, Congress." Law professor Josh Blackman has this op-ed in today's edition of The Los Angeles Times.
Posted at 10:48 PM by Howard Bashman




"Legal battle over Prince Charles' letters reaches supreme court; After nine years, Guardian fight to force publication of 'black spider memos' to government ministers may be nearing end": The Guardian (UK) has an article that begins, "A nine-year battle to force the publication of a set of secret letters written by Prince Charles reaches the highest court in the UK next week."
Posted at 01:07 PM by Howard Bashman




"Supreme Court Declines to Peek at 'Pole Tax'": The Texas Tribune has this report.
Posted at 01:03 PM by Howard Bashman




"Judge rules against N.J. sports betting, but state plans to appeal": NJ.com has this report.
Posted at 10:40 AM by Howard Bashman




"Aereo Investors Lose a $95.6 Million Bet on Future of Television; According to bankruptcy papers, Aereo has just $4.6 million in cash left": Eriq Gardner had this post yesterday at the "Hollywood, Esq." blog of The Hollywood Reporter.

And today's edition of The New York Times contains an article headlined "Aereo Concedes Defeat and Files for Bankruptcy."
Posted at 10:27 AM by Howard Bashman




"Kagan discusses the Constitution, the Supreme Court and her time at Princeton": Princeton University issued this news release yesterday.
Posted at 10:06 AM by Howard Bashman




Friday, November 21, 2014

"Iowa's high court referees teen girls' fight": The Associated Press has this report on a ruling that the Supreme Court of Iowa issued today.
Posted at 05:02 PM by Howard Bashman




"Virginia Supreme Court rejects Huguely appeal; Herring hope conviction 'gives some comfort' to Love's family, friends": The Cavalier Daily has this news update.

And The Associated Press reports that "Virginia high court rejects lacrosse-case appeal."
Posted at 04:57 PM by Howard Bashman




The Eleventh Circuit is halfway to a barbershop quartet: On September 16, 2014, The Orlando Sentinel published online an article headlined "Excessive force used in 2010 barbershop raid, appeal court says" reporting on the ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued the preceding day.

On Wednesday of this week, the Eleventh Circuit issued an order granting rehearing en banc in the case.
Posted at 01:55 PM by Howard Bashman




"Oklahoma Attorney General Scott Pruitt seeks Supreme Court review of case against health care law; AG Scott Pruitt wants the nation's high court to add his case to one already under review of the subsidies given to people who buy health insurance under the Affordable Care Act": Chris Casteel has this article in today's edition of The Oklahoman.
Posted at 01:23 PM by Howard Bashman




"A Rape on Campus: A Brutal Assault and Struggle for Justice at UVA; Jackie was just starting her freshman year at the University of Virginia when she was brutally assaulted by seven men at a frat party; When she tried to hold them accountable, a whole new kind of abuse began." Sabrina Rubin Erdely has this article in the December 4, 2014 issue of Rolling Stone magazine.
Posted at 01:20 PM by Howard Bashman




"Is the Criminal Justice System Defensible? A debate between Judge Harvie Wilkinson III and Stephen Bright." Andrew Cohen has posted this debate online today at The Marshall Project.
Posted at 12:23 PM by Howard Bashman




"SCOTUSblog on camera: Eric Schnapper (Part two)." After a day off yesterday in honor of New Jersey's having become the first state to ratify the Bill of Rights on November 20, 1789, "SCOTUSblog" has today posted part two of this interview at this link.
Posted at 11:16 AM by Howard Bashman




"House Republicans Sue Obama Administration Over Health Law": The New York Times has this news update.

USA Today reports that "House GOP sues White House over health care law."

The Associated Press reports that "House GOP sues administration over health care law."

Amanda Becker of Reuters reports that "House Republicans sue over Obama's healthcare law."

Bloomberg News reports that "House Republicans Sue Obama Over Health Law Implementation."

And at TPM DC, Sahil Kapur reports that "House GOP Finally Sues Obama On Obamacare."

You can view a copy of the as-filed complaint at this link.
Posted at 11:11 AM by Howard Bashman




"Coming Soon: Posner on Posner, a Crowd-Sourced Interview." Tony Mauro of The National Law Journal has this very interesting article today. You can freely access the full text of the article via Google.

The interview will appear at the "Concurring Opinions" blog, and I will do my best to link to its installments as they appear.

Here's an update from Ronald Collins, who will be posting the interview at "Concurring Opinions." In an email, Collins reports, "The series starts on Monday followed by a second post on Wednesday and then will resume after Thanksgiving. The first two pieces are my own biographical profiles of the Judge. The Q&A posts begin the following week." According to Collins, "there are 50 questions from 24 scholars and the remaining 100 or so are from me."
Posted at 10:52 AM by Howard Bashman




"Are federal trial judges who write bluntly in law reviews, blogs, etc., 'flashers' who expose too much of themselves?" Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 09:34 AM by Howard Bashman




"The Awakening of Thurgood Marshall: The case he didn't expect to lose; And why it mattered that he did." Gilbert King has this essay online at The Marshall Project.
Posted at 09:32 AM by Howard Bashman




Access online the redesigned "Above the Law" blog: At this link.
Posted at 08:32 AM by Howard Bashman




"YLS students give mixed reviews of clerkship process": This article appears in today's edition of The Yale Daily News.
Posted at 08:30 AM by Howard Bashman




"Supreme Court should rehear Abigail Fisher's case, put the issue to rest": Columnist Jazmyn Griffin has this essay in today's edition of The Daily Texan.
Posted at 08:17 AM by Howard Bashman




"Aereo Seeks Bankruptcy After Losing Supreme Court Fight": Michael Bathon and Alex Barinka of Bloomberg News have this report.

And Reuters reports that "TV streaming service Aereo files for bankruptcy."
Posted at 08:02 AM by Howard Bashman




Thursday, November 20, 2014

"More Judges Question Use Of Fake Drugs In Sting Cases": Erik Eckholm will have this article in Friday's edition of The New York Times.
Posted at 10:05 PM by Howard Bashman




"Judge Won't Let SiriusXM Immediately Appeal Turtles Ruling; The hot-button legal issue is the unlicensed broadcasting of pre-1972 sound recordings": Eriq Gardner has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 10:03 PM by Howard Bashman




"Justice Kagan '81 discusses legal analysis, Court's perception": The Daily Princetonian has this report.

And The Times of Trenton has a news update headlined "Justice Kagan talks equality, justice with Princeton president, denies Supreme Court corruption."
Posted at 09:32 PM by Howard Bashman




"5th Circuit refuses to reconsider Mississippi's abortion law": The Clarion-Ledger of Jackson, Mississippi has this news update.

And Reuters reports that "Appeals court order keeps Mississippi's sole abortion clinic open."
Posted at 04:52 PM by Howard Bashman




Access online the audio of yesterday's Third Circuit oral argument in Christian college's challenge to contraceptive mandate opt-out rules: You can access at this link (28.4 MB mp3 audio file) yesterday's oral argument in Geneva College v. Burwell.

My earlier coverage of yesterday's oral argument can be accessed here.
Posted at 04:44 PM by Howard Bashman




Supreme Court of Pennsylvania rules that the use of pre-arrest silence as substantive evidence of guilt violates a non-testifying defendant's rights under the Pennsylvania Constitution: Today's ruling of the Supreme Court of Pennsylvania consists of an opinion announcing the judgment of the court, a concurring opinion, and two dissenting opinions (here and here).
Posted at 04:23 PM by Howard Bashman




"Judge Easterbrook delivers inaugural Scalia lecture: Interpreting the Unwritten Constitution." Harvard Law Today has this report.

You can access on YouTube via this link the video of Seventh Circuit Judge Frank H. Easterbrook's remarks.
Posted at 02:44 PM by Howard Bashman




"PA: Court Declines to Adopt R3: Products Liability." Christopher J. Robinette has this post today at "TortsProf Blog."

Yesterday's ruling of the Supreme Court of Pennsylvania consisted of a majority opinion and a concurring and dissenting opinion.
Posted at 02:40 PM by Howard Bashman




"State Supreme Court upholds $500K damage cap for suits against schools, municipalities": Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this update.

And The Associated Press has a report headlined "Court: $500K limit proper for girl run over by Pennsbury bus."

Yesterday's ruling of the Supreme Court of Pennsylvania consisted of a majority opinion and a concurring opinion.
Posted at 02:20 PM by Howard Bashman




"US Supreme Court says 'no' to SC's request for more time on same-sex marriage decision": The State of Columbia, South Carolina has this news update.

And at "SCOTUSblog," Lyle Denniston has a post titled "Same-sex marriages can go ahead in South Carolina."

You can access at this link today's order of the U.S. Supreme Court denying a stay.
Posted at 11:30 AM by Howard Bashman




"Measuring the Fortress: Explaining Trends in Supreme Court and Circuit Court Dictionary Use." John Calhoun has this note in the November 2014 issue of The Yale Law Journal.
Posted at 10:44 AM by Howard Bashman




"Obamacare provision challenged in court; Catholic organizations oppose opt-out policy": Karen Langley has this article in today's edition of The Pittsburgh Post-Gazette.

The appeal was argued yesterday before a three-judge panel of the U.S. Court of Appeals for the Third Circuit consisting of Chief Judge Theodore A. McKee, Circuit Judge Marjorie O. Rendell, and Senior Circuit Judge Dolores K. Sloviter.

Once posted online, the oral argument audio can be accessed via this link.
Posted at 09:52 AM by Howard Bashman




"Chief Judge Kozinski Responds": Ed Whelan has this post today at National Review Online's "Bench Memos" blog.

As for what Ninth Circuit Chief Judge Alex Kozinski is responding to, the answer appears in this post from Tuesday.
Posted at 09:40 AM by Howard Bashman




"White House readies immigration legal defense; Court and historical precedents eyed as bolstering case for unilateral action": Josh Gerstein of Politico.com has this report.
Posted at 09:30 AM by Howard Bashman




"Alaska Loses Round in Gay Marriage Appeal": At her "Trial Insider" blog, Pamela A. MacLean has this post about the denial of an initial en banc hearing that the U.S. Court of Appeals for the Ninth Circuit noted online yesterday.
Posted at 09:24 AM by Howard Bashman




"Three Things Congress Should Do in 2015 About Judges": Steve Klepper has this post today at the "Maryland Appellate Blog."
Posted at 09:20 AM by Howard Bashman




"Judges question ATF stings that lure suspects into fictitious stickups": Victoria Kim of The Los Angeles Times has this report.
Posted at 07:40 AM by Howard Bashman




Wednesday, November 19, 2014

"Why Voter ID Laws Don't Swing Many Elections": Nate Cohen will have this essay in Thursday's edition of The New York Times.
Posted at 11:07 PM by Howard Bashman




"Meet Michael Cannon, the man who could bring down Obamacare": Sarah Kliff has this interview today at Vox.com.
Posted at 10:54 PM by Howard Bashman




"Is the Supreme Court Objective? Cases For and Against." The National Constitution Center has posted on YouTube at this link the video of yesterday's discussion between law professors Erwin Chemerinsky and Nicholas Quinn Rosenkranz.
Posted at 10:52 PM by Howard Bashman




"Missouri Attorney General Puts Limit on Contributions": Eric Lipton will have this article in Thursday's edition of The New York Times.
Posted at 10:48 PM by Howard Bashman




"Obama Is Not a Monarch: The president cannot act alone; the Constitution requires compromise." U.S. Senator Ted Cruz (R-TX) has this essay online at Politico Magazine.
Posted at 10:45 PM by Howard Bashman




"N.S.A. Phone Data Collection Could Go On, Even if a Law Expires": Charlie Savage will have this article in Thursday's edition of The New York Times.
Posted at 10:42 PM by Howard Bashman




"Was He Lying? Or Negotiating? Ex-Jefferies Trader Warns Court of Chilling Effect." Bloomberg News has this report.
Posted at 08:55 PM by Howard Bashman




"SCOTUSblog on camera: Eric Schnapper (Part one)." You can access the video at this link.
Posted at 08:10 PM by Howard Bashman




"After three decades, does Zauderer need updating?" Lyle Denniston had this post yesterday at "SCOTUSblog."
Posted at 08:09 PM by Howard Bashman




"Some thoughts on Johnson v. City of Shelby: Does it help make sense of Twombly & Iqbal?" Adam Steinman had this post Monday at the "Civil Procedure & Federal Courts Blog."

Update: On November 10th, Barry Barnett had a related post at his "Blawgletter" blog titled "Twombly's Remorse?"
Posted at 06:21 PM by Howard Bashman




"Women's Equality: Not a Radical Idea." Monday at the blog "Hamilton and Griffin on Rights," Leslie C. Griffin had a post that begins, "When President Obama first nominated Georgetown Law Professor Cornelia 'Nina' Pillard to the United States Court of Appeals for the District of Columbia Circuit, Republicans strenuously opposed her nomination."
Posted at 06:17 PM by Howard Bashman







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