How Appealing


Monday, June 26, 2017

Access today's Order List of the U.S. Supreme Court: At this link. The Court granted review in two new cases. And the Court sought the views of the Acting Solicitor General in four cases.

In Pavan v. Smith, No. 16-992, the Court issued a per curiam reversal of the Supreme Court of Arkansas. Justice Neil M. Gorsuch issued a dissent, in which Justices Clarence Thomas and Samuel A. Alito, Jr. joined.

In Hicks v. United States, No. 16-7806, Justice Gorsuch concurred in the remand for further consideration in light of the position asserted by the Acting Solicitor General.
Posted at 09:32 AM by Howard Bashman




Sunday, June 25, 2017

"How Does the Supreme Court Feel About Feelings? The travel ban and a Mississippi gay-rights case show how the law is divided over religious rights." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:50 PM by Howard Bashman




"U.S. asks Supreme Court to take up Microsoft fight over email privacy": Jackie Wattles and Jose Pagliery of CNNMoney.com have this report.
Posted at 11:48 PM by Howard Bashman




"Kennedy stays quiet on whether he'll retire at end of Supreme Court term": Eliana Johnson of Politico.com has this report.

And at "Above the Law," David Lat has a post titled "No, Justice Anthony M. Kennedy Is Not Retiring Tomorrow; Based on this weekend's reunion of his law clerks, reports of AMK's retirement are greatly exaggerated."
Posted at 11:42 PM by Howard Bashman




Seventh Circuit reverses entry of summary judgment against federal pretrial detainee dismissing his claim based on res ipsa loquitur against the federal government for for injuries he sustained when he fell off a stool at a federal courthouse: You can access Friday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 11:32 PM by Howard Bashman




"D.C. Circuit Review -- Reviewed: Things are Heating Up." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 09:30 PM by Howard Bashman




"Justice Gorsuch: What We Know and What We Should Expect." Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 01:48 PM by Howard Bashman




"Anthony Kennedy retirement watch at a fever pitch": Ariane de Vogue of CNN.com has this report.
Posted at 10:40 AM by Howard Bashman




Greetings from San Francisco: Where this afternoon, I will be making my first visit to AT&T Park, to watch the San Francisco Giants host the New York Mets.

And where tomorrow at 9:15 a.m. pacific time, I will be taking a guided tour of the historic James R. Browning U.S. Courthouse -- headquarters of the U.S. Court of Appeals for the Ninth Circuit.

As always while I am on the road, additional appellate related retweets are likely to appear on this blog's Twitter feed.
Posted at 10:36 AM by Howard Bashman




Saturday, June 24, 2017

"Justices Side With Immigrant Who Got Bad Legal Advice": 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 gives second chance to man facing deportation because of bad lawyering."

Michael Collins of The Commercial Appeal of Memphis, Tennessee reports that "Supreme Court gives Memphis restaurant owner second chance in drug, deportation case."

Lawrence Hurley of Reuters reports that "U.S. top court sides with immigrant over faulty legal advice."

Mark Sherman of The Associated Press reports that "Supreme Court sides with immigrants over bad legal advice."

And Chris Geidner of BuzzFeed News reports that "Supreme Court Decides Cases Affecting Immigrants And Landowners' Rights."
Posted at 11:28 AM by Howard Bashman




"Supreme Court Rules Against Owner in Land-Use Case; The rejection of a Wisconsin family's argument concerning land on the St. Croix River strengthens environmental land-use rules": Jess Bravin of The Wall Street Journal has this report.

Bruce Vielmetti of The Milwaukee Journal Sentinel reports that "U.S. Supreme Court rules against Wisconsin cottage owners."

Kevin Giles of The Minneapolis Star Tribune reports that "High court denies Wisconsin family's argument in St. Croix River property case; The St. Croix River case pitted individual property rights against government regulation."

Greg Stohr of Bloomberg News reports that "Property Rights Curbed by Top U.S. Court in Development Case."

Sam Hananel of The Associated Press reports that "Justices side with government in property rights case."

Andrew Chung of Reuters reports that "Supreme Court limits rights of property owners."

And Amanda Reilly of Greenwire reports that "Supreme Court rules against landowners in waterfront fight."
Posted at 08:40 AM by Howard Bashman




"Big cases, retirement rumors as Supreme Court nears finish": Mark Sherman of The Associated Press has this report.
Posted at 08:27 AM by Howard Bashman




Friday, June 23, 2017

"Why Racially Offensive Trademarks Are Now Legally Protected": Law professor Jeannie Suk Gersen has this post online at The New Yorker.
Posted at 10:28 PM by Howard Bashman




"A 'view' from the courtroom: The metes and bounds of the term." Mark Walsh has this post at "SCOTUSblog."
Posted at 10:20 PM by Howard Bashman




"After 58 years of SCt journalism, 69 in the trade, retiring next wk after final opins & orders." So tweeted the incomparable Lyle Denniston this afternoon. Thanks, Lyle, for all of your amazing hard work and dedication. I hope you have an enjoyable and relaxing retirement. You most certainly will be missed!

Today at the "Constitution Daily" blog of the National Constitution Center, Lyle has a post titled "A court term ends, a career change begins."
Posted at 10:15 PM by Howard Bashman




"7th Circuit: Colts not required to renew season tickets." Olivia Covington of The Indiana Lawyer has this report on a ruling that Circuit Judge Richard A. Posner issued yesterday on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 10:12 PM by Howard Bashman




"Trump loses patience with his White House counsel; The president has taken out his frustration with the expanding Russia probe on lawyer Don McGahn, one of Trump's earliest campaign supporters": Nancy Cook and Josh Dawsey of Politico.com have this report.
Posted at 01:48 PM by Howard Bashman




"U.S. Can't Revoke Citizenship Over Minor Falsehoods, Supreme Court Rules": 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 sides with Serb who lied during naturalization process."

Richard Wolf of USA Today reports that "Supreme Court upbraids government in case of stripped citizenship."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Makes It Harder to Strip Immigrants of Citizenship; High court rejects position that any lie during naturalization process can cost individuals their citizenship."

Alex Swoyer of The Washington Times reports that "Supreme Court limits government's ability to strip citizenship."

Lawrence Hurley of Reuters reports that "Supreme Court sets higher bar for stripping citizenship."

Ariane de Vogue and Daniella Diaz of CNN.com report that "Supreme Court narrows grounds for revoking citizenship of naturalized citizens."

Josh Gerstein of Politico.com has a blog post titled "Supreme Court makes citizenship-stripping tougher."

And in commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled "A Win for Immigrants, and a Win for Liars: The Supreme Court's sympathy for refugees comes at a cost."
Posted at 01:14 PM by Howard Bashman




"Supreme Court Says It Will Issue Last Opinions of Term Monday": Greg Stohr of Bloomberg News has this report.
Posted at 01:00 PM by Howard Bashman




"Supreme Court could reveal action on travel ban at any time": Mark Sherman of The Associated Press has this report.
Posted at 11:00 AM by Howard Bashman




"Case Tests Limits of Law Protecting Journalists' Sources": Alan Feuer had this article in yesterday's edition of The New York Times.
Posted at 10:45 AM by Howard Bashman




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

1. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Perry v. Merit Systems Protection Bd., No. 16-399. Justice Neil M. Gorsuch issued a dissenting opinion, in which Justice Clarence Thomas joined. You can access the oral argument via this link.

2. Justice Anthony M. Kennedy delivered the opinion of the Court in Murr v. Wisconsin, No. 15-214. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justices Thomas and Samuel A. Alito, Jr. joined. And Justice Thomas also issued a dissenting opinion. You can access the oral argument via this link.

3. And Chief Justice Roberts delivered the opinion of the Court in Lee v. United States, No. 16-327. Justice Thomas issued a dissenting opinion, in which Justice Alito joined in large measure. You can access the oral argument via this link.
Posted at 10:04 AM by Howard Bashman




"Supreme Court rules that men convicted in D.C.'s Catherine Fuller murder case do not deserve a new trial": Robert Barnes has this article in today's edition of The Washington Post.

Andrew Chung of Reuters reports that "U.S. top court rebuffs men convicted in notorious Washington murder."

And Zoe Tillman of BuzzFeed News reports that "Supreme Court Justices Uphold Convictions In A Decades-Old DC Murder Case."
Posted at 09:55 AM by Howard Bashman




"Appeals Court Reinstates 40-Year Sentence for Brooklyn Mobster": In today's edition of The New York Times, Alan Feuer has this article reporting on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday.
Posted at 09:52 AM by Howard Bashman




"Controversial HB 1523 now Mississippi's law of land": Jerry Mitchell and Geoff Pender have this front page article in today's edition of The Clarion-Ledger of Jackson, Mississippi.

And Emily Wagster Pettus of The Associated Press has a report headlined "Court: Mississippi can enforce LGBT religious objections law."

You can access yesterday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 08:32 AM by Howard Bashman




"What's Happening With The Travel Ban At The Supreme Court? Spoiler alert: We don't really know." Chris Geidner of BuzzFeed News has this report.
Posted at 08:20 AM by Howard Bashman




Thursday, June 22, 2017

"Appeals court affirms most convictions of ex-CIA officer convicted in leak case": Matt Zapotosky of The Washington Post has this report.

And Alanna Durkin Richer of The Associated Press reports that "Imprisoned Ex-CIA officer loses appeal of leak conviction."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 11:04 PM by Howard Bashman




"Drug Dispute Shows Importance of Intellectual Property Rights": Attorney C. Boyden Gray has this essay online at RealClearPolicy.
Posted at 10:48 PM by Howard Bashman




"In rare move, judge in Kermit Gosnell case sues authors of critical book": Columnist Stu Bykofsky has this essay online at The Philadelphia Daily News.
Posted at 10:42 PM by Howard Bashman




"Pro football team seeks to settle right to 'Redskins' trademarks": Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:14 PM by Howard Bashman




"A 'view' from the courtroom: The term's first bonus day for opinions." Mark Walsh has this post at "SCOTUSblog."
Posted at 09:45 PM by Howard Bashman




"Justice Ginsburg and the Price of Equality": Linda Greenhouse has this essay online at The New York Times.
Posted at 09:32 PM by Howard Bashman




"Dassey wins in federal appeals court": Andy Thompson and Alison Dirr of The Post-Crescent of Appleton, Wisconsin have this report.

Ian Simpson of Reuters reports that "U.S. appeals court overturns conviction of 'Making a Murderer' inmate."

And Todd Richmond and Steve Karnowski of The Associated Press report that "Judges affirm 'Making a Murderer' confession was coerced."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 09:23 PM by Howard Bashman




Programming note: This afternoon, I will be attending an event in south Philadelphia. As a result, additional posts will appear here this evening.

As always when I am away, additional appellate-related retweets may appear on this blog's Twitter feed.
Posted at 10:26 AM by Howard Bashman




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 Maslenjak v. United States, No. 16-309. Justice Neil M. Gorsuch issued an opinion, in which Justice Clarence Thomas joined, concurring in part and concurring in the judgment. And Justice Samuel A. Alito, Jr. issued an opinion concurring in the judgment. You can access the oral argument via this link.

2. Justice Stephen G. Breyer delivered the opinion of the Court in Turner v. United States, No. 15-1503. Justice Kagan issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined. You can access the oral argument via this link.

3. And Justice Anthony M. Kennedy delivered the opinion of the Court in Weaver v. Massachusetts, No. 16-240. Justice Thomas issued a concurring opinion, in which Justice Gorsuch joined. Justice Alito issued an opinion concurring in the judgment, in which Justice Gorsuch also joined. And Justice Breyer issued a dissenting opinion, in which Justice Kagan joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Supreme Court limits ability to strip citizenship" and "Supreme Court upholds convictions in 1984 murder."
Posted at 10:03 AM by Howard Bashman







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