How Appealing


Thursday, March 23, 2017

"Rowan County prayer lawsuit returns to 4th Circuit Court of Appeals": Josh Bergeron of The Salisbury (N.C.) Post has this report.

And Alanna Durkin Richer of The Associated Press reports that "Court asks who should lead prayer before government meeting."

You can access via this link (57.7 MB mp3 audio file) the audio of yesterday's oral argument before the en banc U.S. Court of Appeals for the Fourth Circuit in this appeal.
Posted at 11:36 PM by Howard Bashman




"Gorsuch on Chevron deference": Eric Posner has this blog post today.
Posted at 11:18 PM by Howard Bashman




"Democrats Plan to Filibuster to Thwart Gorsuch Nomination": Matt Flegenheimer, Charlie Savage, and Adam Liptak will have this article in Friday's edition of The New York Times.

And Robert Barnes, Ed O'Keefe, and Ann E. Marimow of The Washington Post have an article headlined "Schumer: Democrats will filibuster Gorsuch nomination."
Posted at 11:16 PM by Howard Bashman




Programming note: Later today, I will be traveling to Minneapolis, where tomorrow I will be delivering the keynote address at the Minnesota State Bar Association's 11th Annual Appellate Practice Institute. As a result, additional posts will not appear here until tonight.

In the interim, as is often the case while I am traveling, appellate-related retweets are likely to appear on this blog's Twitter feed.
Posted at 11:32 AM by Howard Bashman




"Gun dealers argue against Alameda County restrictions on stores": Bob Egelko of The San Francisco Chronicle has this report.

You can access at this link via YouTube the video of yesterday's oral argument before an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 10:12 AM by Howard Bashman




"J. Gorsuch Will Be Awful on #SCOTUS for Progressives. Democrats Should Not Filibuster Him." Rick Hasen has this post at his "Election Law Blog."
Posted at 10:08 AM by Howard Bashman




"Democrats Fail to Move Gorsuch Off Script and Beyond Generalities": Adam Liptak and Matt Flegenheimer have this article in today's edition of The New York Times.
Posted at 10:06 AM by Howard Bashman




"Supreme Court Justice Confirmation Hearing, Day 4": Via C-SPAN, you can view today's proceedings live, online at this link.
Posted at 09:44 AM by Howard Bashman




Wednesday, March 22, 2017

"Wisconsin man who threatened to kill Obama loses appeal": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 09:57 PM by Howard Bashman




"Merck must face renewed Fosamax warning claims: U.S. appeals court." Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 09:35 PM by Howard Bashman




"Of Horse v. Duck, Mutton Busting and Other Confirmation Diversions": Matt Flegenheimer of The New York Times has this report.
Posted at 09:05 PM by Howard Bashman




"Go Ahead, Neil Gorsuch, Tell Us What You Think": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 03:46 PM by Howard Bashman




"Neil Gorsuch Was Hatched in a Federalist Society Lab: With spare body parts stolen from Atticus Finch, Richie Cunningham, and Snoopy." Dahlia Lithwick has this jurisprudence essay online today at Slate.
Posted at 03:44 PM by Howard Bashman




"Justices side with workers in bankruptcy dispute": The Associated Press has this report.
Posted at 01:30 PM by Howard Bashman




"Gorsuch Criticized as Top Court Rejects Him on Disabled Students": Greg Stohr and Laura Litvan of Bloomberg News have this report.

And Sam Hananel of The Associated Press reports that "High Court bolsters rights of learning-disabled students."
Posted at 01:28 PM by Howard Bashman




"Supreme Court rules uniform design elements can be copyrighted": Lawrence Hurley of Reuters has this report.

And The Associated Press reports that "Justices side with leading cheerleading uniform maker."
Posted at 01:23 PM by Howard Bashman




"Gorsuch's Legacy, and the Planet's": Columnist David Leonhardt has this essay online at The New York Times.
Posted at 01:15 PM by Howard Bashman




"Highlights From Judge Gorsuch's Confirmation Hearing": Adam Liptak, Charlie Savage, Matt Flegenheimer, and Carl Hulse of The New York Times have this report.
Posted at 01:10 PM by Howard Bashman




"Bush State Department Official Confirms Gorsuch's Account of Waterboarding Dispute": Jess Bravin has this post today at WSJ.com's "Washington Wire" blog.
Posted at 11:14 AM by Howard Bashman




"Mr. Trump Goes After Consumer Financial Protection Bureau": This editorial appears in today's edition of The New York Times.
Posted at 11:09 AM by Howard Bashman




"My Testimony on Originalism for the Gorsuch Hearings": Lawrence Solum has this post today at his "Legal Theory Blog," You can access directly the prepared text of the textimony on SSRN via this link.
Posted at 11:06 AM by Howard Bashman




"Public Record, Astronomical Price: Unable to afford a trial transcript, a journalist digs into the laws that govern them." Emma Copley Eisenberg has this commentary online at The Marshall Project.
Posted at 10:54 AM by Howard Bashman




"No Peeking? Korematsu and Judicial Credulity." Ian Samuel and Leah Litman have this post today at the "Take Care" blog.
Posted at 10:22 AM by Howard Bashman




"Rowan County prayer lawsuit set for oral arguments Wednesday": Josh Bergeron of The Salisbury (N.C.) Post has this report.

When the audio of today's en banc reargument in the U.S. Court of Appeals for the Fourth Circuit becomes available online, I will link to it.
Posted at 10:20 AM by Howard Bashman




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

1. Justice Stephen G. Breyer delivered the opinion of the Court in Czyzewski v. Jevic Holding Corp., No. 15-649. Justice Clarence Thomas issued a dissenting opinion, in which Justice Samuel A. Alito, Jr. joined. You can access the oral argument via this link.

2. Justice Thomas delivered the opinion of the Court in Star Athletica, L.L.C. v. Varsity Brands, Inc., No. 15-866. Justice Ruth Bader Ginsburg issued an opinion concurring in the judgment. And Justice Breyer issued a dissenting opinion, in which Justice Anthony M. Kennedy joined. You can access the oral argument via this link.

3. And Chief Justice John G. Roberts, Jr. delivered the opinion for a unanimous Court in Endrew F. v. Douglas County School Dist. RE-1, No. 15-827. You can access the oral argument via this link.
Posted at 10:04 AM by Howard Bashman




"Supreme Court Justice Confirmation Hearing, Day 3": You can watch live, online from C-SPAN via this link. Today's proceedings are scheduled to begin moments from now, at 9:30 a.m. eastern time.
Posted at 09:27 AM by Howard Bashman




"Gorsuch Says He'd Rule Against Trump if Law Required It": Adam Liptak and Matt Flegenheimer have this front page article in today's edition of The New York Times. Also in today's paper, Charlie Savage has an article headlined "Where Does Gorsuch Stand on Torture? It's Hard to Say." And Carl Hulse reports that "Joviality at Neil Gorsuch's Hearing Masks Drama Behind the Scenes."

In today's edition of The Washington Post, Robert Barnes and Ed O'Keefe have a front page article headlined "Supreme Court nominee Gorsuch stresses his independence from President Trump." Also in today's paper, Paul Kane has an article headlined "Gorsuch promises independence from Trump -- and steals Democrats' line of attack." Columnist Dana Milbank has an op-ed titled "Good-golly Gorsuch may turn out to be a rascal on the bench." Columnist Kathleen Parker has an op-ed titled "President Trump's sanest decision." And at the newspaper's "Wonkblog," Christopher Ingraham has a post titled "Sorry Neil Gorsuch -- American judges are just as partisan as everyone else."

David G. Savage and Evan Halper of The Los Angeles Times report that "Gorsuch promises he would be independent on Supreme Court, including from President Trump."

In today's edition of The Wall Street Journal, Jess Bravin has a front page article headlined "Supreme Court Nominee Neil Gorsuch Deflects Tough Questions From Democrats; President Donald Trump's high-court pick seemed to avoid missteps during confirmation hearing."

In today's edition of USA Today, Richard Wolf has a front page article headlined "Supreme Court nominee Neil Gorsuch evades tough questions at confirmation hearing."

Michael Doyle of McClatchyDC reports that "Gorsuch sailing through Supreme Court confirmation hearing, helped by Sen. Tillis."

In today's edition of The Washington Times, Alex Swoyer has a front page article headlined "Gorsuch promises independence from Trump, Congress." And Stephen Dinan reports that "Gorsuch's rulings come under the microscope."

In today's edition of The Denver Post, Mark K. Matthews has a front page article headlined "Senate presses Neil Gorsuch on torture, abortion and elections."

And on today's broadcast of NPR's "Morning Edition" Nina Totenberg had an audio segment titled "Gorsuch Stresses Judicial Independence In Second Day Of Hearings." The program also contained an audio segment titled "Trump Adviser On Navigating Gorsuch's Nomination."
Posted at 08:30 AM by Howard Bashman




"'I'll Criticize Judges,' Trump Says, Hours After a Scolding for Doing Just That": Glenn Thrush of The New York Times has this report.
Posted at 08:24 AM by Howard Bashman




Tuesday, March 21, 2017

"Court rules against state on skim milk labeling": Jim Saunders of the News Service of Florida has this report.

And Brendan Farrington of The Associated Press reports that "Appeals court rules skim milk can be called 'skim milk.'"

You can access yesterday's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 11:05 PM by Howard Bashman




"Appeals Court Rules TV Streamers Don't Get Compulsory License to Broadcast Networks; The 9th Circuit has reversed a federal judge who concluded otherwise": At the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has this post about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 10:44 PM by Howard Bashman




"Court: Student prayer allowed at Birdville school board meetings." Ryan Osborne of The Fort Worth Star-Telegram has this report.

Julieta Chiquillo of The Dallas Morning News reports that "Birdville ISD won't have to end student-led prayers at board meetings."

Jonathan Stempel of Reuters has a report headlined "Texas school board can start meetings with prayer: U.S. appeals court."

And Kevin McGill of The Associated Press has a report headlined "Court: Student prayers OK at school board meetings."

You can access yesterday's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 10:08 PM by Howard Bashman




"Man jailed indefinitely for refusing to decrypt hard drives loses appeal; 'Our client has now been in custody for almost 18 months,' defense attorney says": David Kravets of Ars Technica has this report.

Tera Brostoff of Bloomberg BNA reports that "Child Porn Defendant Can Be Forced to Decrypt Hard Drives."

BBC News reports that "US man loses appeal over encrypted drives."

And at "The Volokh Conspiracy," Orin Kerr has a post titled "Third Circuit doesn't resolve standard for forced decryption under the Fifth Amendment."

You can access yesterday's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 09:00 PM by Howard Bashman




"The doctrine of deference deserves another look. Chevron and Auer and their like are, with all respect, contrary to the roles assigned to the separate branches of government": So writes Circuit Judge Kent A. Jordan in his opinion concurring in the judgment issued as part of a decision that the U.S. Court of Appeals for the Third Circuit handed down today.
Posted at 08:24 PM by Howard Bashman




"What Recent SCOTUS Confirmations Tell Us About the Gorsuch Hearings": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 08:10 PM by Howard Bashman




Pharmacist with fear of needles loses big Americans with Disabilities Act jury verdict in Second Circuit appeal: A unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued this ruling today, a big victory for Allyson N. Ho, lead counsel for the defendant-appellant.
Posted at 08:06 PM by Howard Bashman







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