How Appealing


Monday, February 8, 2016

"From death row to parole? Killer could apply." Andrew Wolfson has this front page article in today's edition of The Louisville Courier-Journal.
Posted at 01:40 PM by Howard Bashman




"The NRA Just Scored One Of Its Biggest Victories In Years": Ian Millhiser has this post today at ThinkProgress.
Posted at 01:37 PM by Howard Bashman




"Kloppenburg, Donald release ads in Supreme Court race": Patrick Marley of The Milwaukee Journal Sentinel has a blog post that begins, "In the final days before a three-way primary for state Supreme Court primary, two candidates have launched TV ads -- one attacking Justice Rebecca Bradley as being 'backed to the hilt by right-wing special interests' and one arguing politics have no place on the courts."
Posted at 01:34 PM by Howard Bashman




"Leading authors press for Supreme Court review of Google's digitised library; The web giant's digitisation of millions of books -- many in copyright -- faces a fresh legal challenge, backed by authors including Margaret Atwood, Peter Carey, Ursula Le Guin and Malcolm Gladwell": Alison Flood of The Guardian (UK) has this report.
Posted at 01:30 PM by Howard Bashman




Sunday, February 7, 2016

"AG Kane slams appointment of mediator in Porngate case": Mark Fazlollah of The Philadelphia Inquirer has an article that begins, "Pennsylvania Attorney General Kathleen Kane lambasted a judicial panel Sunday for naming a well-connected lawyer to mediate Supreme Court Justice J. Michael Eakin's Porngate case, calling it a step to 'sweep his hate-filled emails under the rug.'"
Posted at 09:57 PM by Howard Bashman




"Laws written by men to protect women deserve scrutiny, Supreme Court told": Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 08:19 PM by Howard Bashman




"The Nobility of Good Lawyers With Bad Clients": Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 01:32 PM by Howard Bashman




"Tribes Don't Get a Pass on Federal Law": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:30 PM by Howard Bashman




"Voter ID Laws Found to Lower Minority Turnout": Kenneth Jost has this post today at his blog, "Jost on Justice."
Posted at 01:23 PM by Howard Bashman




"Hoeven undecided on Obama's ND judicial nominee": Patrick Springer of The Forum of Fargo, North Dakota has an article that begins, "Sen. John Hoeven, R-N.D., said he has an 'open mind' but is still reviewing President Obama's nomination of Jennifer Klemetsrud Puhl to the 8th U.S. Circuit Court of Appeals."
Posted at 01:18 PM by Howard Bashman




"Alito at 10: Justice Alito and the Future of the U.S. Supreme Court." The Center for American Progress, the American Constitution Society, and the Constitutional Accountability Center hosted this program, which Dahlia Lithwick moderated, on Thursday. You can view the video via YouTube at this link.
Posted at 01:15 PM by Howard Bashman




Third Circuit Judge Julio M. Fuentes to take senior status on July 18, 2016: As noted at this link.
Posted at 01:10 PM by Howard Bashman




"The President's Duty to Take Care that the Law Be Faithfully Executed": In case you missed it, this panel presentation (video via YouTube) took place at the Federalist Society's 2014 National Lawyers Convention.
Posted at 10:20 AM by Howard Bashman




"Trump Won't Say If He'd Appoint Supreme Court Justices Who Disagree with Him on Eminent Domain": John McCormack has this blog post online today at The Weekly Standard.
Posted at 10:15 AM by Howard Bashman




"NC State Bar dismisses complaints against prosecutors in racially divisive case": Joseph Neff has this front page article in today's edition of The News & Observer of Raleigh, North Carolina.

Today's edition of that newspaper also contains Anne Blythe's article headlined "Former NC Supreme Court justice calls for review of state bar; Bob Orr says outside evaluation of the state agency is needed; Bar has grown large and divided into extreme camps, he says; Recent prosecution of defense attorneys, not prosecutors questioned."
Posted at 10:12 AM by Howard Bashman




"Supreme Court to render a verdict on Obama's use of executive authority": David G. Savage of The Los Angeles Times has this report.
Posted at 09:12 AM by Howard Bashman




"Court rules Framingham officer not immune in shooting lawsuit": The MetroWest Daily News of Framingham, Massachusetts has this report.

Earlier, at his "The Watch" blog hosted by The Washington Post, Radley Balko had an entry titled "Still waiting for justice after SWAT team member kills innocent grandfather."

You can access Friday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 09:10 AM by Howard Bashman




"An Uncertain Path Ahead For Juvenile Sentencing Cases Still Before The Supreme Court": Chris Geidner of BuzzFeed News has this report.

And in today's edition of The Philadelphia Inquirer, Amy S. Rosenberg has a front page article headlined "Teen killers, prison lifers, given a ray of hope; In 1987, two 15-year-olds committed a vicious murder and were sentenced to life without parole; A Supreme Court decision offers the possibility of a new future, of freedom; But after a life spent in prison, who have they become?"
Posted at 09:00 AM by Howard Bashman




"As Porngate hits state high court, Sprague brought in as mediator": Mark Fazlollah and Craig R. McCoy have this article in today's edition of The Philadelphia Inquirer. According to the article, "The disclosure of Sprague's new role also prompted criticism Friday."
Posted at 08:54 AM by Howard Bashman




Saturday, February 6, 2016

"Tribe v. Balkin on whether Ted Cruz is a 'natural born citizen'": Randy Barnett has this post today at "The Volokh Conspiracy."
Posted at 10:26 PM by Howard Bashman




"Serial versus Making a Murderer: On Neutrality, Objectivity, and Legal Writing." Erica Goldberg has this post at her "In A Crowded Theater" blog.
Posted at 10:22 PM by Howard Bashman




"Can Cruz legally be president? Ivy League scholars debate." The Associated Press has this report.

And at "Balkinization," Jack Balkin has a post titled "Federalist Society Debate on Ted Cruz's Eligibility to be President."

The video of yesterday's debate can be accessed on YouTube via this link.
Posted at 03:15 PM by Howard Bashman




"U.S. TV pitchman Kevin Trudeau loses appeal of conviction, sentence": Jonathan Stempel of Reuters has this report.

And The Associated Press reports that "Court upholds TV pitchman Kevin Trudeau's 10-year sentence."

You can access yesterday's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 01:18 PM by Howard Bashman




"The Candidates and the Court: It's likely that the next president will have the chance to fundamentally reshape the Supreme Court; So why is it not a major campaign issue?" Slate has posted online today this new installment of its "Amicus" podcast featuring Dahlia Lithwick. Her guest this week is law professor Erwin Chemerinsky.
Posted at 10:42 AM by Howard Bashman




"Supreme Court allows John Doe prosecutors to file sealed documents in federal court": The Wisconsin State Journal has an article that begins, "The state Supreme Court has cleared one hurdle while leaving another in place for the district attorneys seeking to appeal to the U.S. Supreme Court a halted John Doe investigation into Gov. Scott Walker's recall campaign."

And Wisconsin Public Radio reports that "State Supreme Court Says 'No' To Outside Lawyers In John Doe 2 Appeal; Conservative Justices Rule DAs Will Have To Go It Alone On Appeal To US Supreme Court."

You can access yesterday's order of the Supreme Court of Wisconsin at this link.
Posted at 10:34 AM by Howard Bashman




"Respected former NJ Supreme Court justice criticizes Christie, questions his legacy": Salvador Rizzo of The Record of Hackensack, New Jersey has this report.
Posted at 10:26 AM by Howard Bashman




"Supreme Court Ruling Has Florida Scrambling to Fix Death Penalty Law": Lizette Alvarez of The New York Times has this report.
Posted at 10:22 AM by Howard Bashman




"The Political War Against the Kansas Supreme Court": Lincoln Caplan has this post online at The New Yorker.
Posted at 10:12 AM by Howard Bashman




"Abortion opponents urge Supreme Court to uphold Texas law": Richard Wolf of USA Today has this report.
Posted at 10:09 AM by Howard Bashman




"Are Assault Weapons Protected by the Second Amendment? The Supreme Court may finally have to rule on the right to keep and bear AR-15s." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:07 AM by Howard Bashman




Friday, February 5, 2016

"Federal court invalidates maps of two NC congressional districts": The News & Observer of Raleigh, North Carolina has this report.

And at his "Election Law Blog," Rick Hasen has a post titled "3-Judge Federal Court Strikes Down 2 North Carolina Congressional Districts as Racial Gerrymanders." Hasen has posted online today's ruling of a three-judge U.S. District Court at this link.
Posted at 07:28 PM by Howard Bashman




"Quieter, smaller Guantanamo as debate rages on prison's fate": The Associated Press has this report.
Posted at 07:16 PM by Howard Bashman




"In historic move, Jorge Labarga to remain as Florida Supreme Court chief justice for second term": Kristen M. Clark of The Miami Herald has this blog post.

The Supreme Court of Florida today issued a news release titled "Labarga Becomes First Florida Chief Justice To Succeed Himself in More Than a Century."
Posted at 07:09 PM by Howard Bashman




"Roberts: Partisan confirmation fights hurt court's image." Sam Hananel of The Associated Press has this report.
Posted at 07:06 PM by Howard Bashman




"Rajat Gupta's Insider-Trading Conviction to Get a New Review": Bloomberg News has this report.

And The Associated Press reports that "NY court agrees to rehear Ex-Goldman board member's appeal."
Posted at 01:55 PM by Howard Bashman




"Two Law School graduates to clerk for Supreme Court; Austin Raynor, Nicole Frazer clerking for Justices Thomas, Scalia": The Cavalier Daily has this report.

Related news releases can be accessed here and here.
Posted at 01:52 PM by Howard Bashman




"Meet Clint Bolick, Libertarian Lawyer Turned Arizona Supreme Court Justice; The newly appointed justice talks law, politics, immigration, and why he got 'visibly tattooed'": Damon Root has this article online today at Reason.com.
Posted at 01:38 PM by Howard Bashman




"Age and wisdom: Are the Supreme Court justices too old?" Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 01:35 PM by Howard Bashman




Circuit Judge Janice Rogers Brown's dissent today from a ruling of the U.S. Court of Appeals for the D.C. Circuit: The dissent begins:
It is hard to say whether a medium or a fortune-teller would be best suited for this case. The Court's opinion seems to be one part Back to the Future, requiring trial counsel to possess a DeLorean, a flux capacitor and the inventiveness of the fictional Doc Brown in order to render competent assistance to a client. But it is another part Zombie Apocalypse, intent on disinterring the grisly remains of the long defunct approach of purposive judicial interpretation. Because neither approach is consistent with precedent and our judicial responsibilities, I respectfully dissent.
You can access the majority opinion at this link.
Posted at 01:22 PM by Howard Bashman




"Federalist Society -- Larry Tribe and Jack Balkin -- Is Ted Cruz Eligible to be President?" Harvard Law School's Federalist Society chapter is hosting this event starting at noon eastern time today. According to the online notice of the event, you can access the video live, online via this link once the event is formally underway.
Posted at 12:02 PM by Howard Bashman




"The immigration case, made simple": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 11:58 AM by Howard Bashman




"Chief Justice John Roberts seeks to limit role of courts": Richard Wolf of USA Today has this report.
Posted at 11:55 AM by Howard Bashman




"Guantanamo prosecutor defends retroactive censorship of public hearing in 9/11 case": Carol Rosenberg of The Miami Herald has this report.
Posted at 11:54 AM by Howard Bashman




Thursday, February 4, 2016

"Appeals court deals blow to Maryland gun control law": Michael Dresser of The Baltimore Sun has this report.

And Anjali Shastry of The Washington Times reports that "Appeals court rules Md. gun control law infringes on Second Amendment rights."

My earlier coverage of today's Fourth Circuit ruling from a divided three-judge panel can be accessed here.
Posted at 10:36 PM by Howard Bashman




"Can Florida restrict doctors' speech to patients about guns?" Eugene Volokh has this post today at "The Volokh Conspiracy."
Posted at 10:28 PM by Howard Bashman




"Sonia from the Bronx": Ian Frazier has this Talk of the Town essay in the February 8, 2016 issue of The New Yorker.
Posted at 06:00 PM by Howard Bashman




"AG Schimel appoints Ryan Walsh as Chief Deputy Solicitor General": The Wisconsin Department of Justice has issued this news release.
Posted at 05:34 PM by Howard Bashman




"Baltimore sculptor creates new statue, a possible Taney replacement": Dan Rodricks if The Baltimore Sun has this blog post today.
Posted at 01:42 PM by Howard Bashman




"Appeals court decision casts doubt on Maryland's assault weapons ban": Ann E. Marimow of The Washington Post has this report.

And The Associated Press reports that "Appeals court orders judge to reconsider Md. gun law ruling."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 01:33 PM by Howard Bashman




"Mistaken ID case: Man was jailed despite being 9 inches taller than the wanted man." Maura Dolan of The Los Angeles Times has this report.

And Bob Egelko of The San Francisco Chronicle has a blog post titled "We thought he was the same guy -- never mind that 9-inch height difference."

You can access yesterday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:22 PM by Howard Bashman




"Supreme Judicial Court Justice Robert Cordy to retire": John R. Ellement of The Boston Globe has this report. The newspaper has posted the retirement letter at this link.

Laurel J. Sweet of The Boston Herald reports that "SJC Justice Cordy to retire this summer." In addition, Bob McGovern -- that newspaper's legal columnist -- has an essay titled "Charlie Baker's Judicial decisions: Four justices to leave by end of next year."

And MassLive.com has reports headlined "Massachusetts Supreme Judicial Court Justice Robert Cordy to retire"; "Robert Cordy reveals reason for retirement from Massachusetts Supreme Judicial Court"; and "Gov. Charlie Baker says he has no litmus test for judicial nominees."
Posted at 01:10 PM by Howard Bashman




"Constitution Check: What does the 'Take Care Clause' mean?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:28 AM by Howard Bashman




"Roberts sold more than $250,000 in Microsoft stock": The Associated Press has a report that begins, "The Supreme Court's recent decision to step into a relatively unimportant case involving Microsoft's Xbox 360 gaming system revealed that Chief Justice John Roberts has sold between $250,000 and $500,000 in Microsoft stock in the past year."
Posted at 11:26 AM by Howard Bashman




"James Obergefell -- Making Supreme Court History As An Accidental Activist": The Maurer School of Law of Indiana University -- a law school whose web site is either incredibly innovative or entirely frustrating, you decide -- yesterday posted this video online at YouTube.
Posted at 11:08 AM by Howard Bashman




"The political wars damage public perception of Supreme Court, Chief Justice Roberts says": Robert Barnes of The Washington Post has this report.

Gintautas Dumcius of MassLive.com has an article headlined "Supreme Court Chief Justice John Roberts on judges: 'We don't work as Democrats or Republicans.'"

And Gerry Tuoti of WickedLocal.com reports that "Chief Justice Roberts discusses court's past and future; Looking to the future, U.S. Supreme Court Justice John Roberts expects issues surrounding emerging technology to pose significant challenges to the court."

New England Law | Boston yesterday issued a news release titled "Chief Justice of the United States John G. Roberts, Jr., visits New England Law | Boston; Law Day participation a great honor and a valuable teachable moment."
Posted at 10:48 AM by Howard Bashman




"Phoenix City Council votes to end prayers at meetings": In today's edition of The Arizona Republic, Dustin Gardiner has a front page article that begins, "A sharply divided Phoenix City Council voted 5-4 Wednesday to stop having an opening prayer at council meetings and instead observe a 'moment of silent prayer,' a move that blocks a group of Satanists from giving the invocation at its next formal meeting."
Posted at 09:16 AM by Howard Bashman




"Let Them Have Teslas": Online today at Bloomberg View, law professor Noah Feldman has an essay that begins, "Tesla Motors has taken the first step toward challenging a year-old Michigan law that bars direct-to-consumer auto sales in the state."
Posted at 09:12 AM by Howard Bashman




"Ceremony Marks Naming Federal Courthouse in Oklahoma City for Circuit Judge William J. Holloway, Jr." The U.S. Court of Appeals for the Tenth Circuit has issued this news release.
Posted at 09:05 AM by Howard Bashman




"Federal Judges Show Sympathy for Torture Victims": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:55 AM by Howard Bashman




"U.S. appeals court limits fraud shield for sovereign wealth funds": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday.
Posted at 08:52 AM by Howard Bashman




"The Supreme Court vs. the President": Linda Greenhouse has this essay online today at The New York Times.
Posted at 08:45 AM by Howard Bashman




Wednesday, February 3, 2016

"Kansas House debates changing the Supreme Court selection process": The Kansas City Star has this report.
Posted at 10:54 PM by Howard Bashman




The Few, The Proud: The State of Columbia, South Carolina reports that "John Few elected as new S.C. Supreme Court associate justice."
Posted at 10:48 PM by Howard Bashman




"Why Rand Paul's Exit Is Bad News for the Future of the Supreme Court: Paul challenged the reigning legal orthodoxies on both the left and the right." Damon Root has this post today at Reason.com's "Hit & Run" blog.
Posted at 10:45 PM by Howard Bashman




"Supreme Court Justice Sonia Sotomayor to visit campus": The Daily Illini has this report.
Posted at 10:42 PM by Howard Bashman




"Lacking execution drugs, Virginia eyes the electric chair": The Associated Press has this report.
Posted at 10:30 PM by Howard Bashman




"The Trials of Aaron Swartz: A collection of Swartz's writings is a record of a mind thinking, beautifully, against itself." In the February 22, 2016 issue of The Nation, Ava Kofman has this review of the book "The Boy Who Could Change the World: The Writings of Aaron Swartz."
Posted at 10:18 PM by Howard Bashman




"Full 11th Circuit appeals court to consider gun speech law": The Associated Press has a report that begins, "A federal appeals court has agreed to reconsider previous rulings that upheld a Florida law restricting what doctors can ask patients about guns."

You can access today's order of the U.S. Court of Appeals for the Eleventh Circuit granting rehearing en banc at this link.
Posted at 10:02 PM by Howard Bashman




"State v. Naylor -- A Debate among Conservatives on the Texas Supreme Court": Scott A. Brister and Dale Wainwright have this post at National Review's "Bench Memos" blog.
Posted at 09:02 PM by Howard Bashman




When it comes to appellate law blogging, yesterday and today I was quite the slacker: But when it comes to the actual practice of appellate litigation, less so. Yesterday, I argued two separate appeals, as noted in this earlier post.

Today, I filed a this Petition for Allowance of Appeal in the Supreme Court of Pennsylvania.

And also today, for good measure, I served the Brief for Plaintiffs-Appellees in an appeal pending in the Superior Court of Pennsylvania that was the subject of earlier news coverage here and here.
Posted at 08:56 PM by Howard Bashman




"Judge's Fairness Disputed in $21M Bad-Faith Award" Max Mitchell of The Legal Intelligencer has this report on one of the two cases that I argued yesterday before a three-judge panel of the Superior Court of Pennsylvania. You can freely access the full text of the article via Google.

And in other coverage, Dan Packel of Law360.com reports that "Nationwide Says Judge Had 'Tantrum' In $21M Bad Faith Row" (subscription required for full access).

You can access the Brief for Plaintiffs-Appellees that I filed in the case at this link.

Since yesterday was Groundhog Day, I couldn't help but recollect this earlier oral argument against the identical opposing counsel in which his client's appeal consisted of a similar headlong assault on the fact-finding that resulted in a punitive damages verdict in favor of my clients in that case, the plaintiffs.

The final argument point in the Brief for Plaintiffs-Appellees that I filed in that earlier case stated, "Wyeth's Blatant Effort To Reargue The Evidentiary Record And Attempt To Depict That Record As 'Undisputed' So As To Impermissibly Construe The Evidence And The Inferences Therefrom In Favor Of Wyeth As Verdict-Loser Should Be Rejected." Given opposing counsel's oral argument yesterday, it's deja vu all over again.

For readers who don't remember which side emerged victorious in that earlier appeal, decided a little over two years ago, the answer can be found here and here.
Posted at 07:50 PM by Howard Bashman







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