How Appealing

Tuesday, September 26, 2017

"Wisconsin Strict ID Law Discouraged Voters, Study Finds": Michael Wines has this article in today's edition of The New York Times.
Posted at 05:37 PM by Howard Bashman

You can access the audio of today's Second Circuit en banc reargument in Zarda v. Altitude Express, Inc.: Via this link (81.0 MB mp3 audio file).

In early news coverage, Erik Larson of Bloomberg News reports that "Trump Administration Says Bias Rules Don't Cover Gay Workers."

And Jay-Anne B. Casuga of Bloomberg BNA reports that "Orientation Bias, FMLA Retaliation Waiting in Wings for Justices."
Posted at 04:56 PM by Howard Bashman

"What Does Trump's New Travel Ban Mean for the Supreme Court?" Amy Davidson Sorkin has this post online at The New Yorker.
Posted at 04:08 PM by Howard Bashman

"Texas can implement key provision of 'sanctuary cities' law": Jason Buch and Guillermo Contreras have this front page article in today's edition of The San Antonio Express-News.

In today's edition of The El Paso Times, Madlin Mekelburg has a front page article headlined "US appeals court lets parts of sanctuary cities ban go into effect."

In today's edition of The Dallas Morning News, James Barragan has a front page article headlined "Appeals court rules parts of Texas' sanctuary cities ban can go into effect."

Mike Ward of The Houston Chronicle has an article headlined "Appeals court: Portions of Texas 'sanctuary city' law can take effect; Texas officials say the ruling is a victory for SB4 supporters."

In today's edition of The Washington Times, Stephen Dinan has a front page article headlined "Democrat-appointed judges uphold Texas law against sanctuary cities."

Jon Herskovitz of Reuters reports that "U.S. appeals court allows part of Texas law targeting 'sanctuary cities.'"

Ted Hesson and Josh Gerstein of have a blog post titled "Appeals court reinstates parts of Texas law aimed at blocking sanctuary-city policies."

And Julian Aguilar of The Texas Tribune reports that "Appeals court allows more of Texas 'sanctuary cities' law to go into effect."

You can access yesterday's per curiam ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 02:06 PM by Howard Bashman

"U.S. asks appeals court to review reversal of Blackwater conviction, sentencings for Iraq massacre": Spencer S. Hsu of The Washington Post has an article that begins, "The U.S. Justice Department asked a full federal appeals court Monday to review a decision to throw out the first-degree murder conviction of one former Blackwater Worldwide security guard and the sentences of three others in shootings that killed 14 unarmed Iraqi civilians in Baghdad in 2007."
Posted at 01:50 PM by Howard Bashman

"New Illinois Supreme Court ruling should make 'judicial hellhole' less fiery": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 01:42 PM by Howard Bashman

"Ex-N.Y. state senate leader's corruption conviction vacated, faces retrial": Joseph Ax of Reuters has this report on a non-precedential ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:38 PM by Howard Bashman

"U.S. appeals court to consider rights of gay workers": Daniel Wiessner of Reuters has this report.

And Ariane de Vogue of reports that "LGBT employment cases on road to Supreme Court."

When the audio of this afternoon's reargument en banc in the U.S. Court of Appeals for the Second Circuit becomes available online, I will link to it.
Posted at 01:32 PM by Howard Bashman

"Colorado's revenge porn law brings nearly 200 charges, but getting convictions is a challenge; In a civil case, a three-time Paralympian accuses her airline pilot ex-boyfriend of sharing nude photos": David Migoya has this front page article in today's edition of The Denver Post.
Posted at 01:27 PM by Howard Bashman

"Ralph Gants And The Decline Of The Felony Murder Doctrine In Massachusetts": Law professor Daniel Medwed has this post online at WGBH News.

You can access last Wednesday's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 11:09 AM by Howard Bashman

"11th Circuit: Gay Man Cannot Deduct Costs To Father Children Through In Vitro Fertilization As Medical Expenses." Paul Caron has this post at his "TaxProf Blog" about a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.

The ruling is noteworthy, among other reasons, because it is Circuit Judge Kevin C. Newsom's first published opinion since joining the Eleventh Circuit less than two months ago.
Posted at 11:03 AM by Howard Bashman

"Seventh Circuit Eases Third Party Ballot Access in Illinois": Lorraine Bailey of Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued on Friday.
Posted at 10:54 AM by Howard Bashman

"Ban of overpass banners upheld in federal appeals court, but town of Campbell ordinance might be too broad": Kevin Murphy of The La Crosse Tribune has this report on a ruling that Circuit Judge Frank H. Easterbrook issued Friday on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 10:48 AM by Howard Bashman

"Posner says he is open to litigating on behalf of pro se litigants, defends book": Debra Cassens Weiss of ABA Journal has this blog post.

Thus far, the author of the "How Appealing" blog is not among those who have received a complimentary copy of former Seventh Circuit Judge Richard A. Posner's new book.
Posted at 10:38 AM by Howard Bashman

"Partisan Gerrymandering Heads to Court Test: Can It Go Too Far?" Greg Stohr of Bloomberg News has this report.
Posted at 10:33 AM by Howard Bashman

In Bashman news from Zimbabwe: As regular readers of this blog are aware, Bashman news most frequently emerges from Australia, with New Zealand a distant second. On rare occasion, however, Bashman news arrives from the continent of Africa, as exemplified by today's entry, from Bulawayo 24 News, headlined "Trio bash man to death over prostitute," reported by Simbarashe Sithole.
Posted at 10:28 AM by Howard Bashman

"Federal Court Lambastes Conservative Effort To Strip Felon Voting Rights In Philadelphia; The court said the federal law in question 'was intended as a shield to protect the right to vote, not as a sword to pierce it'": Sam Levine of HuffPost has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.

At his "CA3blog," Matthew Stiegler discusses the ruling in a post titled "New opinions, including a hot-button voting case with some harsh words for the appellant." And Stiegler previously noted discussed the oral argument of the appeal in a post titled "Two remarkable starts to oral argument."
Posted at 10:20 AM by Howard Bashman

Monday, September 25, 2017

"The Case Against Partisan Gerrymandering: It is both durable and democratically subversive; It's time for the Supreme Court to intervene." Law professor Nicholas Stephanopoulos has this jurisprudence essay online at Slate.
Posted at 10:09 PM by Howard Bashman

"One Of Trump's Judicial Nominees Sits On The Board Of A Group That Defends 'Conversion' Therapy": Zoe Tillman of BuzzFeed News has this report.
Posted at 09:38 PM by Howard Bashman

I just registered online to attend the 2017 AJEI Summit in Long Beach, CA: And you can, too, via this link. Although online registration supposedly requires you to sign-up for a Duke Conference and Event Services account, the process is painlessly simple, requiring only the creation of a password as part of the ordinary online registration process.

This will be the fourth annual Appellate Judges Education Institute Summit in a row that I have attended, and the preceding three were all wonderful events. This also marks the second year in a row that I have been on the AJEI Education Planning Committee and that I will be moderating a panel.

You can view the event's agenda, which lists all of the speakers and panelists, via this link. The panel that I will be moderating on the morning of Saturday, November 4, 2017 features Adam Feldman of the "Empirical SCOTUS" blog, law professor Richard L. Hasen of the "Election Law Blog," and law professor RonNell Andersen Jones. If that's not reason enough to attend, the presentation immediately preceding my panel features both Seventh Circuit Chief Judge Diane P. Wood and Bryan A. Garner. The very next panel following the panel I'm moderating (after a lunch break) features Senior Fifth Circuit Judge Patrick E. Higginbotham and law professor Pamela S. Karlan.

This week is the final week to register and qualify for a substantial early-bird discount. This year will be the first time in a number of years that the AJEI Summit is taking place in California, so appellate attorneys in California and elsewhere in the western United States should definitely take advantage of this opportunity to attend a wonderful event offering top-notch appellate CLE programming and rare opportunity to socialize with a large number of other appellate attorneys and judges.
Posted at 04:00 PM by Howard Bashman

In today's mail: I received a copy of the new book "Scalia Speaks: Reflections on Law, Faith, and Life Well Lived." The book officially goes on sale on Tuesday, October 3, 2017.
Posted at 03:24 PM by Howard Bashman

"Supreme Court cancels oral arguments on Trump travel ban": Josh Gerstein of has this report.
Posted at 02:11 PM by Howard Bashman

"US appeals court agrees that college can't suspend student": Dan Sewell of The Associated Press has a report that begins, "A federal appeals court panel has agreed with blocking a university's suspension of a male student accused of sexually assaulting a female student."

You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 02:05 PM by Howard Bashman

"How First Amendment Speech Doctrine Ought to Be Created and Applied in the Colorado Baker/Gay Wedding Dispute at the Supreme Court": Law professors Vikram David Amar and Alan E. Brownstein have this essay at's Verdict.

And at "Jost on Justice," Kenneth Jost has a post titled "'Straight Weddings Only' Equals Discrimination."
Posted at 01:52 PM by Howard Bashman

In the October 2017 issue of ABA Journal magazine: Mark Walsh has articles headlined "With Gorsuch on the bench, the Supreme Court's new term will address the travel ban, other hot-button issues" and "SCOTUS catches up by adopting electronic filing technology."
Posted at 01:48 PM by Howard Bashman

"Corpus Linguistics Re-Redux": Carissa Byrne Hessick has this post at "PrawfsBlawg."
Posted at 01:33 PM by Howard Bashman

"What To Do With Violent Sex Offenders: The Supreme Court considers whether 'civil commitment' is just prison by another name." Maurice Chammah has this post onine at The Marshall Project.
Posted at 01:28 PM by Howard Bashman

"Travel Ban 3.0 could derail Supreme Court case": Ariane de Vogue of has this report.

Greg Stohr of Bloomberg Nws reports that "New Trump Travel Ban Raises Stakes for Supreme Court Legal Fight."

Andrew Chung of Reuters has an article headlined "Trump's new travel ban could be harder to fight in court -- experts."

And in commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled "Trump's New Travel Ban Could Win Over Justices; If this version had been issued in January, the courts would probably have let it stand."
Posted at 01:26 PM by Howard Bashman

"Appeals court nixes TV coverage of key arguments on LGBT rights": Josh Gerstein of has this blog post.
Posted at 01:14 PM by Howard Bashman

"We Know a Lot About What Robert Mueller Is Doing. We Also Know Nothing at All. Looking for clues in the actions of D.C.'s second-most-powerful man." Cristian Farias of New York magazine has this report.
Posted at 08:27 AM by Howard Bashman

"'Lonely Scholar With Unusual Ideas' Defends Trump, Igniting Legal Storm": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 08:22 AM by Howard Bashman

"America's Red and Blue Judges: Justice Neil Gorsuch exemplifies how the Supreme Court has become fully enmeshed in the rankest partisan politics." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 08:14 AM by Howard Bashman

Sunday, September 24, 2017

"Supreme Court has option to duck travel ban ruling": Lawrence Hurley of Reuters has this report.
Posted at 09:52 PM by Howard Bashman

"New Order Bars Almost All Travel From Seven Countries": Michael D. Shear of The New York Times has this report.

And Devlin Barrett of The Washington Post reports that "Trump administration changes travel ban countries."
Posted at 08:00 PM by Howard Bashman

"Top Firms' Supreme Court Business: Some Stay Close While Others Stay Away." Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 07:48 PM by Howard Bashman

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