How Appealing

Wednesday, March 29, 2017

"Gorsuch Could Sway Climate Policy. Prepare to Be Surprised." Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 08:47 PM by Howard Bashman

"Neil Gorsuch and the Senate's 'Nuclear Option,' Explained: Here's everything you need to know about how Senate Republicans might end a Democratic filibuster of the president's Supreme Court pick." Jay Willis has this post online at GQ.
Posted at 03:36 PM by Howard Bashman

"The Gorsuch filibuster debate rages in Senate": Ariane de Vogue of has this report.
Posted at 03:34 PM by Howard Bashman

"Airless. Insular. Clubby. Smug. How the grossness of the Gorsuch hearings made the Supreme Court nominee vulnerable to organized resistance." Dahlia Lithwick has this jurisprudence essay online today at Slate.
Posted at 01:46 PM by Howard Bashman

"Judge Gorsuch and Chevron Doctrine: A Defense." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 01:42 PM by Howard Bashman

"Questioning Marks: Plurality Decisions and Precedential Constraint." Law professor Ryan C. Williams has this article in the March 2017 issue of the Stanford Law Review.
Posted at 01:33 PM by Howard Bashman

"Appeals court backs injunction on sharing undercover anti-abortion videos": Josh Gerstein of has this blog post about a non-precedential decision that a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:20 PM by Howard Bashman

"Neil Gorsuch's Supreme Court nomination is on track to change the Senate -- and further divide the country": Paul Kane of The Washington Post has this report.

Elana Schor of reports that "Gorsuch needs a straight flush to beat filibuster."

And at the blog of the Library of Law and Liberty, law professor John O. McGinnis has a post titled "Is the Democrats' Decision to Filibuster Gorsuch Irrational?"
Posted at 01:09 PM by Howard Bashman

"Here's Why Republicans Are Confident Neil Gorsuch Will Be On The Supreme Court": Chris Geidner, Sarah Mimms, Zoe Tillman, and Tarini Parti of BuzzFeed News have this report.
Posted at 12:55 PM by Howard Bashman

"Supreme Court throws out ruling that upheld NY credit card law": Lawrence Hurley of Reuters has this report.

And Greg Stohr of Bloomberg News reports that "Supreme Court Orders New Look at New York Credit-Card Surcharge Ban."
Posted at 12:50 PM by Howard Bashman

"Judge Gorsuch and Chevron Doctrine Part III: The Gutierrez-Brizuela Concurring Opinion." Asher Steinberg has this guest post -- the third in a three-part series -- today at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 12:42 PM by Howard Bashman

"The Standard Fare of Judges: What Happens When the Judiciary Does What It Always Does." Daniel Deacon and Leah Litman have this post at the "Take Care" blog.
Posted at 10:42 AM by Howard Bashman

"New Mexico student loses free speech appeal over anti-lesbian essay": Jonathan Stempel of Reuters has this report on a ruling that a unanimous two-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued yesterday. U.S. Supreme Court nominee Neil M. Gorsuch was the third judge originally assigned to the panel.
Posted at 10:38 AM by Howard Bashman

Access today's ruling of the U.S. Supreme Court in an argued case: Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Expressions Hair Design v. Schneiderman, No. 15-1391. Justice Stephen G. Breyer issued an opinion concurring in the judgment. And Justice Sonia Sotomayor issued an opinion concurring in the judgment, in which Justice Samuel A. Alito, Jr. joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Supreme Court orders new look at 'swipe fees' law."
Posted at 10:05 AM by Howard Bashman

"White House interviewing young lawyers for federal judgeships":'s "Playbook" has this report.
Posted at 08:52 AM by Howard Bashman

"The Fundamental Dishonesty of the Gorsuch Hearings: The confirmation process has shed little light on the philosophy of President Trump's nominee to the Supreme Court or on what kind of justice he will be." Law professor Garrett Epps has this essay online today at The Atlantic.

Therein, Epps writes, "In his answers to senators, Gorsuch seemed like a man whom one would dread sitting next to on a long airplane trip. The charm he displayed was oddly repellent; his vaunted humility was relentlessly overbearing; and his open-mindedness was rigidly dogmatic. He seemed to have trouble concealing contempt for the process, his questioners, and the public itself. Gorsuch was by turns condescending, evasive, and even dishonest. In fact, it's not too much to say that he, in his aw-shucks gentlemanly way, gaslighted the committee in a genteel but nonetheless Trumpian style."
Posted at 08:20 AM by Howard Bashman

Tuesday, March 28, 2017

"There's A Showdown Brewing In The Senate That Could Change Supreme Court Nominations Forever; If Senate Republicans go through with the so-called 'nuclear option,' one of their own warns that future presidents, from either party, will 'have no reason to appoint a Boy Scout like Gorsuch'": Emma Loop of BuzzFeed News has this report.
Posted at 07:50 PM by Howard Bashman

"Should Judges Consult Their Personal Moral Convictions? A dialogue on how to weigh the law and common sense on the bench." Slate has posted online this jurisprudence essay, consisting of a conversation between Seventh Circuit Judge Richard A. Posner and Senior U.S. District Judge Jed S. Rakoff (S.D.N.Y.), moderated by Joel Cohen.
Posted at 07:30 PM by Howard Bashman

"U.S. Supreme Court weighs Advocate pension case": Lisa Schencker of The Chicago Tribune has this report.

Jacklyn Wille of Bloomberg BNA reports that "Hospital Pension Plans Seek Salvation at SCOTUS."

Kelsey Dallas of The Deseret News has an article headlined "What counts as a church? Supreme Court pension case asks important question."

And today at the "Democracy in America" blog of The Economist, Steven Mazie has a post titled "Falling short: Justices ask whether religious hospitals must guarantee workers' pensions; For more than 30 years a church exemption from funding requirements has been extended to affiliated hospitals."
Posted at 03:20 PM by Howard Bashman

"Gorsuch may fall short of votes needed for smooth Supreme Court confirmation": Ed O'Keefe and David Weigel have this article in today's edition of The Washington Post.

And Lawrence Hurley of Reuters reports that "More Democrats oppose Trump's U.S. Supreme Court pick."
Posted at 02:53 PM by Howard Bashman

"Schumer headed for epic clash with McConnell: They said they'd try to get along, but imminent battles over the Supreme Court and government funding will test that proposition." Burgess Everett of has this report.
Posted at 02:44 PM by Howard Bashman

"Judge Gorsuch and Chevron Doctrine Part II: The Misuse of Precedent." Asher Steinberg has this guest post -- the second in a three-part series -- today at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 02:40 PM by Howard Bashman

"Inscrutable Gorsuch raises Democratic ire": Joan Biskupic of has this report.

And at his "Election Law Blog," Rick Hasen has a related post titled "What's the Matter with Gorsuch?"
Posted at 02:33 PM by Howard Bashman

Programming note: At 10 a.m. eastern time, I will be meeting with a potential new client in a forthcoming appeal to the U.S. Court of Appeals for the Third Circuit. Also at 10 a.m. eastern time, the U.S. Supreme Court is scheduled to issue one or more rulings in argued cases. Just as soon as the Court posts those new opinions online, you can access them via this link.

Additional posts will appear here later today.
Posted at 09:52 AM by Howard Bashman

"Is Trump stalling a travel ban appeal at 9th Circuit?" Josh Gerstein of has this blog post today.
Posted at 09:46 AM by Howard Bashman

"Patterns of Eight Justices: Will They Persist with a New Court Member?" Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 09:44 AM by Howard Bashman

Monday, March 27, 2017

"Did a Divorce Fight Over Children Lead to Florida Professor's Execution-Style Slaying?" People magazine has posted online this preview of an article that Jeff Truesdell has in the April 3, 2017 issue of that magazine. And Truesdell also has a longer piece online headlined "5 Things to Know About the Mysterious Shooting of Popular Florida Law Professor Dan Markel."

And Karl Etters of The Tallahassee Democrat has an article headlined "Magbanua's attorneys: State on a 'fishing expedition.'"
Posted at 10:42 PM by Howard Bashman

"State High Court Hears $41.7 Million Hotchkiss School Tick-Bite Case": Edmund H. Mahony of The Hartford Courant has this report. The case is on certified question from the U.S. Court of Appeals for the Second Circuit.
Posted at 10:06 PM by Howard Bashman

"Court Reinstates Gender Discrimination Lawsuit in NY": Larry Neumeister of The Associated Press has this report.

And online at Slate, Mark Joseph Stern has a post titled "2nd Circuit Chief Judge: Anti-Gay Employment Discrimination Is Already Illegal Nationwide."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 10:02 PM by Howard Bashman

"Gorsuch's path to 60 votes closing fast; A 'nuclear' confrontation in the Senate could come as soon as next week": Seung Min Kim and Elana Schor of have this report.

And Lawrence Hurley of Reuters reports that "More Democrats oppose Trump's U.S. Supreme Court pick."
Posted at 09:44 PM by Howard Bashman

"Supreme Court Considers Why Patent Trolls Love Texas": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Supreme Court debating limits on where patent suits can be filed."

Andrew Chung of Reuters reports that "U.S. top court considers changing where patent cases may be filed."

And Susan Decker of Bloomberg News reports that "Supreme Court Weighs Possible Curb on Patent Suit Locations."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341.
Posted at 08:22 PM by Howard Bashman

SCOTUSDaily interviews David G. Savage of The Los Angeles Times: You can read the interview at this link.
Posted at 08:04 PM by Howard Bashman

Access the contents of the March 2017 issue of The Yale Law Journal: Via this link.

Therein, law professor Cristina Carmody Tilley has an article titled "Tort Law Inside Out."

And Noah B. Lindell has a comment titled "Williams-Yulee and the Anomaly of Campaign Finance Law."
Posted at 07:58 PM by Howard Bashman

In the April 2017 issue of ABA Journal magazine: Mark Walsh has an article headlined "Is church entitled to state aid to buy playground covering?"

David L. Hudson Jr. has an article headlined "Supreme Court considers 3 First Amendment cases this term."

Anthony Franze has an article headlined "What do Supreme Court advocates do with their feather quill mementos?"

Law professor Philip N. Meyer has an article headlined "As most-cited songwriter, Bob Dylan brings complex poetry to court opinions."

Beth Schwartzapfel has an article headlined "When is someone too stoned to drive? The question is trickier than you'd think for courts to answer."

And Leslie Gordon has an article headlined "'Loving' movie gives new significance to landmark court case."
Posted at 05:26 PM by Howard Bashman

"Trump travel ban case could be on fast track to appeals court's full bench": Josh Gerstein of has this post about an order that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 05:09 PM by Howard Bashman

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