How Appealing


Monday, October 23, 2017

Second Circuit holds that a notice of appeal can sometimes substitute for a petition for permission to appeal under 28 U.S.C. sec. 1292(b): You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:58 PM by Howard Bashman




Ninth Circuit decides whether the "right of taking fish" includes whales and seals under the Treaty of Olympia: Today's ruling answers "yes," even while recognizing that now "scientists tell us sea mammals are not fish."
Posted at 01:54 PM by Howard Bashman




Ninth Circuit rejects First Amendment challenge to Montana's limits on the amount of money individuals, political action committees, and political parties may contribute to candidates for state elective office: You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, reversing a district court's ruling to the contrary, at this link.

Update: At his "Election Law Blog," Rick Hasen discusses the ruling in a post titled "In Major Victory in Case with National Significance, Ninth Circuit on 2-1 Vote Upholds Montana Contribution Limits; Judge Bea Would Appear to Hold *All* Limits Unconstitutional."
Posted at 01:45 PM by Howard Bashman




Specific personal jurisdiction and the purposeful availment test in the Ninth Circuit: A divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued this ruling today.
Posted at 01:35 PM by Howard Bashman




"A Conversation with Justice Elena Kagan, Oct. 16, 2017, Chicago-Kent College of Law": The Chicago-Kent College of Law at Illinois Institute of Technology has posted the video of this recent event on YouTube at this link.
Posted at 01:16 PM by Howard Bashman




"Supreme court to hear challenge to Northern Ireland abortion law; Amnesty International among organisations and individuals bringing case on human rights grounds": Henry McDonald of The Guardian (UK) has this report.
Posted at 01:08 PM by Howard Bashman




"The Single Most Unremarked Win of the Trump Era: Kristen Clarke of the National Lawyers' Committee for Civil Rights Under Law on the federal judiciary." Slate recently posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 01:02 PM by Howard Bashman




"Tuesday hearing may hold clues to whether Supreme Court thinks school-funding case closed": Neal Morton of The Seattle Times has this report.
Posted at 01:00 PM by Howard Bashman




"'Front Row Kids' and values have taken over our courts:The problem is not just that Back Row America's values won't be considered -- it's that the Supreme Court may not even realize it's ignoring them." Law professor Glenn Harlan Reynolds has this essay online at USA Today.
Posted at 12:53 PM by Howard Bashman




"Robert Bork's Second Amendment": Mark Pulliam has this post at the blog of the Library of Law and Liberty.
Posted at 11:22 AM by Howard Bashman




"The Travel Ban and the Rational Basis Test": Josh Blackman has this post at the "Lawfare" blog.
Posted at 11:20 AM by Howard Bashman




"He Didn't Vote in a Few Elections. In the Next One, Ohio Said He Couldn't." Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 11:11 AM by Howard Bashman




"Detained immigrant teen asks full appeals court to let her get abortion": Samantha Schmidt of The Washington Post has this report.

David Lauter of The Los Angeles Times reports that "Immigrant abortion case heads back to court."

Greg Toppo of USA Today reports that "ACLU asks federal court to reconsider block on undocumented teen's abortion."

Rebecca Savransky of The Hill reports that "Undocumented teen asks full appeals court to step in, allow abortion."

And at the "Daily Intelligencer" blog of New York Magazine, Cristian Farias has a post titled "The Case of the Undocumented Teen Who Wants an Abortion Is a Constitutional Hellhole for Trump."

You can access at this link the emergency petition for rehearing en banc filed last night in the U.S. Court of Appeals for the D.C. Circuit. The federal government's answer was due minutes ago, and I will link to it once it becomes available online.

Update: The federal government's answer in opposition to the petition for rehearing en banc can be accessed here.
Posted at 11:08 AM by Howard Bashman




Sunday, October 22, 2017

"Why Tillman's Experts Show He is Wrong": Michael Stern has this post at his blog, "Point of Order."
Posted at 09:42 PM by Howard Bashman




"A Dearth of Female Attorneys at Supreme Court Oral Arguments": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 09:33 PM by Howard Bashman




"Trump's Lawyer a Poor Fit for Federal Bench": Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 09:28 PM by Howard Bashman




"Does Chief Justice Roberts fear gobbledygook? Or is that just baloney?" Robert Barnes of The Washington Post has this report.
Posted at 07:16 PM by Howard Bashman




"Welty Gala: Toobin touches on Supreme Court, Trump tweets and journalism." Isabelle Altman has this front page article in today's edition of The Commercial Dispatch of Columbus, Mississippi.
Posted at 01:08 PM by Howard Bashman




"When Can Private Entities Censor Speech? Trump's pressure on the NFL to censor its players is a First Amendment issue." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 01:02 PM by Howard Bashman




Saturday, October 21, 2017

"Undocumented 17-Year-Old Must Delay Abortion, Court Rules": Christina Caron of The New York Times has this report.

And today's edition of The New York Times contains an editorial titled "Abortion Ideologues Subvert a Woman's Rights."
Posted at 11:12 PM by Howard Bashman




"The Arpaio Decision: When the World Is Extraordinary But the Law is Ordinary." Joshua Geltzer has this post at "Just Security."
Posted at 11:03 PM by Howard Bashman




"Originalism": Law professor Cass R. Sunstein has posted this paper on SSRN (via "Legal Theory Blog").
Posted at 10:58 PM by Howard Bashman




"The Government's Error Can Destroy Your Business: And, thanks to an appeals court ruling, you have little recourse." Law professor Stephen L. Carter has this essay online at Bloomberg View.
Posted at 05:36 PM by Howard Bashman




"How Long Can The Courts Keep Donald Trump's Muslim Ban At Bay?" Sarah Aziza has this post at The Intercept.
Posted at 05:26 PM by Howard Bashman




"D.C. Circuit Review -- Reviewed: Broadcasts." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 05:22 PM by Howard Bashman




"Sandy Hook Gun Case To Be Heard By Reconfigured Supreme Court": Dave Altimari of The Hartford Courant has an article that begins, "The high-profile legal appeal by families of Sandy Hook Elementary School shooting victims who sued the manufacturer of the gun used in the 2012 massacre will be heard by a state Supreme Court panel that will include only three sitting full-time justices."
Posted at 05:18 PM by Howard Bashman




"Gorsuch: Civility doesn't mean suppressing disagreement." The Associated Press has this report.
Posted at 05:12 PM by Howard Bashman




Friday, October 20, 2017

"Same Rules Apply: How a favorite conservative weapon during the Obama era should be used to block Trump's contraception mandate rewrite." Brianne Gorod has this jurisprudence essay online at Slate.
Posted at 10:33 PM by Howard Bashman




"Hogan calls Peace Cross ruling 'outrageous,' vows to fight": John Fritze of The Baltimore Sun has this report.
Posted at 10:30 PM by Howard Bashman




"Appeals court delays abortion for undocumented teen; gives government time to find her a sponsor": Maria Sacchetti and Ann E. Marimow of The Washington Post have this report.

Alex Swoyer of The Washington Times reports that "Appeals court gives feds 11 days to find sponsor for illegal minor seeking abortion."

Brent Kendall and Laura Meckler of The Wall Street Journal report that "Trump Administration Can Block Teenage Illegal Immigrant's Abortion Till Oct. 31; Appeals court rules HHS should find a private sponsor for the girl so she can obtain the procedure."

Richard Wolf of USA Today reports that "Court blocks undocumented teen's abortion -- for now."

Joseph Tanfani of The Los Angeles Times reports that "Appeals court delays abortion for immigrant held in federal detention."

Chuck Lindell of The Austin American-Statesman reports that "Appeals court ruling delays abortion for immigrant teen in Texas."

Jackie Wang of The Dallas Morning News reports that "Court rules a sponsor can take an unauthorized migrant teen in Texas to have an abortion."

Lawrence Hurley and Ian Simpson of Reuters report that "U.S. court blocks immigrant teen's bid to obtain abortion."

Jessica Gresko of The Associated Press reports that "DC court blocks for now immigrant teen's access to abortion."

Eric Levenson and Tal Kopan of CNN.com report that "Court delays abortion for undocumented teen in detention."

Renuka Rayasam and Josh Gerstein of Politico.com report that "Appeals court looks for compromise on abortion for undocumented minor; Ruling gives feds until Oct. 31 to find sponsor who can take teen out of custody."

Ema O'Connor of BuzzFeed News reports that "Court Orders More Delays For Undocumented Teenager Seeking An Abortion; A court ruling Friday will postpone the pregnant 17-year-old's request that the Trump administration allow her to get an abortion."

And Giulia Afiune and Claire Allbright of The Texas Tribune report that "Federal appeals court blocks undocumented teen's request for immediate abortion."

You can access today's order of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link and a dissenting opinion at this link.
Posted at 10:26 PM by Howard Bashman




"Prominent chefs oppose baker in major gay rights case": Mark Sherman of The Associated Press has this report.
Posted at 01:35 PM by Howard Bashman




"Immigrant's abortion case fosters lively court debate, no ruling yet": Chuck Lindell of The Austin American-Statesman has this report.

Giulia Afiune of The Texas Tribune reports that "Federal appeals court hears case of undocumented teen seeking abortion in Texas."

In commentary, The Los Angeles Times has an editorial titled "The U.S. government can't hold undocumented pregnant teens hostage when they want an abortion."

And online at The New York Times, columnist Michelle Goldberg has an essay titled "The Trump Administration's Power Over a Pregnant Girl."
Posted at 01:18 PM by Howard Bashman




"Judge denies Arpaio's motion to erase his criminal contempt conviction": Megan Cassidy of The Arizona Republic has this report.

Howard Fischer of The Arizona Daily Star reports that "Former Arizona Sheriff Joe Arpaio loses bid to have his criminal record wiped clean."

And Chris Geidner of BuzzFeed News reports that "Judge Refuses To Toss Out Joe Arpaio's Guilty Contempt Verdict After Trump's Pardon."
Posted at 11:18 AM by Howard Bashman




Access the live audio stream of this morning's D.C. Circuit oral argument in Garza v. Hargan: Via this link (Adobe flash required). Thanks to Fix the Court for making the request that resulted in this live audio feed.

In news coverage, Brent Kendall and Laura Meckler of The Wall Street Journal report that "Appeals Court to Review Case of Undocumented Teenager Seeking Abortion; Judge ordered Department of Health and Human Services to allow her to leave shelter to obtain procedure."
Posted at 09:52 AM by Howard Bashman




Thursday, October 19, 2017

"Judge won't wipe out guilty verdict for Arpaio; Trump pardon ends criminal case but won't 'revise historical facts,' court says": Josh Gerstein of Politico.com has this report.
Posted at 09:57 PM by Howard Bashman







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