How Appealing


Thursday, May 5, 2016

"Amish beard-cutting convictions upheld by federal appeals court": Eric Heisig of The Cleveland Plain Dealer has this report.

And Reuters reports that "Amish lose appeal of convictions in Ohio beard-cutting attacks."

You can access yesterday's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 11:38 PM by Howard Bashman




"Lawyer in Judge Thomas Porteous impeachment case loses appeal": Drew Broach of The Times-Picayune of New Orleans has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 11:18 PM by Howard Bashman




"Retired Justice John Paul Stevens Tells Senate To Get Moving On That Supreme Court Nominee; 'I'm not aware of any confirmation process that's been delayed to the extent that this one is'": Cristian Farias of The Huffington Post has this report.
Posted at 07:52 PM by Howard Bashman




"The Supreme Court Gets Ready to Legalize Corruption": Jeffrey Toobin has this essay online at The New Yorker.
Posted at 07:48 PM by Howard Bashman




"Constitution Check: How goes the kids' constitutional crusade against climate change?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 02:48 PM by Howard Bashman




"U.S. Chief Justice John Roberts stops in Rogers; Roberts touts rules to speed civil trials at legal conference": Doug Thompson of The Arkansas Democrat-Gazette has this report.
Posted at 02:38 PM by Howard Bashman




"Justice Stevens on Thomas Jefferson, Guns, and Justice Scalia; Retired Justice Still Has Critical Words for Landmark 2008 Ruling on Guns": Jess Bravin has this post today at WSJ.com's "Law Blog."
Posted at 02:35 PM by Howard Bashman




"Ted Cruz Is Fine With Holding SCOTUS Seat Open For Clinton Or Trump To Fill; But some conservatives think Obama's nominee is their best option now": Jennifer Bendery of The Huffington Post has this report.

At "The Fix" blog of The Washington Post, Callum Borchers has an entry titled "Raising the white flag: Conservative blog urges GOP to cut its losses and confirm Merrick Garland."

Online today at Bloomberg View, law professor Noah Feldman has an essay titled "The Constitution Won't Stop President Trump."

At The Federalist today, Ilya Shapiro has a post titled "How John Roberts Begat Donald Trump: If I have to point to a moment that spawned the current annus horribilis, it would have to be John Roberts's vindication of Obamacare on June 28, 2012."

And today at "ACSBlog," U.S. Senator Patrick Leahy (D-VT) has a post titled "Republicans' Refusal To Do Their Jobs Means Our Courts Cannot Do Theirs -- And Americans Suffer."
Posted at 02:33 PM by Howard Bashman




"Cheerleaders' Uniforms as Art? Let's Ask the Supreme Court": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 02:25 PM by Howard Bashman




"Prison Beard OK; RLUIPA Scope Murky After Cert. Denial": Patrick Gregory of Bloomberg BNA has this report.
Posted at 02:24 PM by Howard Bashman




Wednesday, May 4, 2016

"Judges Are Thinking More About Excessive Force": Law professor Noah Feldman has this essay online today at Bloomberg View.

My earlier coverage of yesterday's Fifth Circuit ruling can be accessed here.
Posted at 11:28 PM by Howard Bashman




"Following Trump's win, Senate leader reaffirms Garland opposition": Reuters has this report.

And today at "The Volokh Conspiracy," Randy Barnett has a post titled "How John Roberts gave us Donald Trump."
Posted at 10:38 PM by Howard Bashman




"Roberts refuses to be drawn into controversy about filling Supreme Court vacancy": Robert Barnes of The Washington Post has this report.
Posted at 05:32 PM by Howard Bashman




"Congressional Report Finds Pragmatic Record for Supreme Court Nominee Garland": Jess Bravin has this post today at WSJ.com's "Washington Wire" blog.
Posted at 05:08 PM by Howard Bashman




"Supreme Court Gives Prisoner Rare Second Chance To Fight Alabama's Death Sentencing Scheme; The state's judicial override regime may soon be on the chopping block": Kim Bellware of The Huffington Post has this report.

Chris Geidner of BuzzFeed News reports that "Supreme Court Calls For Alabama Courts To Review State's Death Sentencing Process; In the wake of January's Supreme Court decision striking down Florida's death sentencing law, the high court orders Alabama courts to review the effect of that ruling on Alabama's similar law."

And in local coverage, Kent Faulk of The Birmingham News reports that "U.S. Supreme Court vacates judgment in case of man who killed Pelham police officer."
Posted at 11:55 AM by Howard Bashman




"Constitution Check: Is an old anti-New Deal precedent getting new life -- again?" Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:48 AM by Howard Bashman




"Justices need to show us their papers: Supreme Court justices get to decide what happens to their files; That's bad for us and history." Tony Mauro has this essay online today at USA Today.
Posted at 11:46 AM by Howard Bashman




"Paul Robert Cohen and 'his' Famous Free-Speech Case": David L. Hudson Jr. has this post online today at the Newseum Institute.
Posted at 11:40 AM by Howard Bashman




"Are Long Death Penalty Delays Unconstitutional?" Law professor Michael C. Dorf has this essay online today at Justia's Verdict.
Posted at 10:55 AM by Howard Bashman




"Chief justice of Canada reflects on 35 years as a judge": William & Mary has posted online a law student's article that begins, "William & Mary Law School recently hosted Chief Justice of the Supreme Court of Canada Beverley McLachlin for the annual Williamson Fellow lecture."
Posted at 10:52 AM by Howard Bashman




In two days, this blog will celebrate its 14th(!) birthday: Stay tuned for an announcement on Friday regarding a popular feature that will be returning to "How Appealing" for twelve monthly installments during this blog's 15th year in existence, one year and two days from now.

For those wondering what does one get a blog for its 14th birthday, you can deliver an early blog birthday present by following this blog on Twitter if you don't already do so.

As always, this blog's archives, stretching back nearly 14 years now, can be freely accessed in full via this link.
Posted at 10:42 AM by Howard Bashman




"How the Garland Confirmation Hearing Might Go--And What That Means": Michael Dorf has this blog post today at "Dorf on Law."
Posted at 10:34 AM by Howard Bashman




"Exonerated, Dead and Still on Trial: In a notorious Louisiana case, a judge gets in a last kick." Andrew Cohen has this article online at The Marshall Project.
Posted at 10:30 AM by Howard Bashman




"Wayne Pratt received the death penalty at the hands of three police officers for the misdemeanor crime of failing to stop and give information." So begins a dissenting opinion that Fifth Circuit Judge Catharina Haynes issued yesterday, in a decision in which each of the three judges on the panel wrote separately.
Posted at 10:28 AM by Howard Bashman




Tuesday, May 3, 2016

"Texas prison ban on Muslim inmate beards, caps ruled illegal": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.

Update: And at his "Appellate Briefs" blog, Benjamin Gould has a post titled "Prison's ban on beards and caps violated Muslim prisoner's rights, rules Fifth Circuit."
Posted at 11:55 PM by Howard Bashman




"Gloucester files petition for appeals court review in transgender case": Frances Hubbard of The Daily Press of Newport News, Virginia has an article that begins, "he Gloucester County School Board filed a petition Tuesday for a full 4th Circuit Court of Appeals review of the ruling issued last month in the lawsuit filed by a 16-year-old transgender student."

And The Associated Press reports that "Va. school board appeals transgender restroom ruling."
Posted at 11:50 PM by Howard Bashman




"Judge Merrick Garland: His Jurisprudence and Potential Impact on the Supreme Court." The Congressional Research Service has issued this report.

And Josh Gerstein of Politico.com has a blog post titled "Lawsuit challenges Senate inaction on Garland."
Posted at 10:14 PM by Howard Bashman




"Vacancies on bench cause concern": Patricia Manson of the Chicago Law Bulletin has an article that begins, "John Paul Stevens doesn't expect to see the highest court in the land up to full strength any time soon. In Chicago on Monday night, the retired U.S. Supreme Court justice predicted the vacancy created by Antonin G. Scalia's death will not be filled until after President Barack Obama leaves the White House."
Posted at 10:09 PM by Howard Bashman




"Scalia's Comcast legacy is at stake in Google Adwords case": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 10:05 PM by Howard Bashman




"Senate OKs expanding AZ Supreme Court by two": Howard Fischer of The Arizona Daily Star has this report.

And columnist Tim Steller has an essay titled "Governor could 'pack' Supreme Court under bill."
Posted at 01:40 PM by Howard Bashman




"Delaying Execution Isn't Cruel and Unusual": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:28 PM by Howard Bashman




"Former US solicitor general added to Brady's legal team": Ben Volin of The Boston Globe recently had an article that begins, "Tom Brady added a heavy hitter to his legal team Friday, the surest sign yet that the Patriots' star quarterback will exhaust every legal avenue before accepting his four-game suspension. Brady and the NFL Players Association added Theodore Olson, who successfully represented George W. Bush in Bush v. Gore in 2000, then served as US Solicitor General from 2001-04."
Posted at 01:10 PM by Howard Bashman




Monday, May 2, 2016

"Va. Supreme Court rules same-sex couples equal in divorce law": Graham Moomaw of The Richmond Times-Dispatch has this report.

Tom Jackman of The Washington Post reports that "Va. Supreme Court recognizes unmarried same-sex couples are legal too."

And Bradford Richardson of The Washington Times reports that "Va. man gets out of paying spousal support after ex-wife enters into a lesbian relationship."

You can access today's ruling of the Supreme Court of Virginia at this link.
Posted at 09:50 PM by Howard Bashman




"A Kickback Is a Conspiracy to Extort Yourself. Wait, What?" Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:30 PM by Howard Bashman




"On Judging Judges": Mark Herrmann has this post today at "Above the Law."
Posted at 09:26 PM by Howard Bashman




"Supreme Court rejects appeal by O.C. murderer who claimed 'inhumane stress' caused by death row wait": David G. Savage of The Los Angeles Times has this report.

In Tuesday's edition of The New York Times, Adam Liptak will have an article headlined "In California Case, Justice Breyer Assails Capital Punishment."

Michael Doyle of McClatchyDC reports that "Supreme Court justice blasts California's death penalty as flawed."

And Cristian Farias of The Huffington Post reports that "Justice Breyer Insists Death Penalty Is Cruel, Even When Supreme Court Won't; The latest case comes from California, where 743 people wait on death row."
Posted at 09:20 PM by Howard Bashman




"Did the Supreme Court Make the Right Decision in the Citizens United Case After All?" Michael Kinsley has this article in the May 2016 issue of Vanity Fair.
Posted at 09:00 PM by Howard Bashman




"Congress Shouldn't Let Justices Make the Rules": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 08:52 PM by Howard Bashman




"Useful or creative: A look at design protection." Lyle Denniston has this post at "SCOTUSblog."
Posted at 08:47 PM by Howard Bashman




"Supreme Court, without Scalia, leaning liberal for second year": Richard Wolf of USA Today has this report.
Posted at 08:15 PM by Howard Bashman




"Supreme Court Turns Away Challenge to Seattle Minimum Wage Law; Lawsuit argued the minimum wage law was applied unevenly": Brent Kendall and Eric Morath of The Wall Street Journal have this report.

And Cristian Farias of The Huffington Post reports that "Supreme Court Delivers A Victory For Supporters Of Seattle's Minimum Wage Law; The justices won't hear a constitutional challenge brought by franchise owners."
Posted at 06:00 PM by Howard Bashman




"U.S. top court upholds cop's conviction in auto repair scheme": Lawrence Hurley of Reuters has this report.
Posted at 05:54 PM by Howard Bashman




"NYU prof is 0-for-3 at SCOTUS this term -- which is just what clients want": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 05:38 PM by Howard Bashman




"Supreme Court Could Weigh In on Redskins Trademark Case": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 05:34 PM by Howard Bashman




In today's mail: I received a copy of law professor John D. Inazu's new book, "Confident Pluralism: Surviving and Thriving Through Deep Difference."
Posted at 02:50 PM by Howard Bashman




"Justices uphold extortion conspiracy conviction": The Associated Press has this report.
Posted at 01:48 PM by Howard Bashman




"Poll: Supreme Court blockade eroding support for Grassley." Seung Min Kim of Politico.com has this report.
Posted at 12:03 PM by Howard Bashman




"Departing Judge Offers Blunt Defense of Ruling That Ended Stop-and-Frisk": Benjamin Weiser has this article in today's edition of The New York Times.
Posted at 12:02 PM by Howard Bashman




"The Showman: How U.S. Attorney Preet Bharara struck fear into Wall Street and Albany." Jeffrey Toobin has this profile in the May 9, 2016 issue of The New Yorker.
Posted at 10:20 AM by Howard Bashman




Access online today's ruling of the U.S. Supreme Court in an argued case: Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Ocasio v. United States. No. 14-361. Justice Stephen G. Breyer issued a concurring opinion. Justice Clarence Thomas issued a dissenting opinion. And Justice Sonia Sotomayor issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. joined. You can access the oral argument via this link.
Posted at 10:05 AM by Howard Bashman




Access online today's Order List of the U.S. Supreme Court: At this link. The Court today granted review in two new cases.

And in Boyer v. Davis, No. 15-8119, Justice Stephen G. Breyer issued a dissent from the denial of certiorari.

In early news coverage, The Associated Press reports that "Justices to hear copyright fight over cheerleaders' uniforms"; "High court to hear patent fight over adult diapers"; "Justices reject franchises' appeal over $15 Seattle wage"; "High court rejects appeal over long hair in Alabama prisons"; and "Supreme Court won't review appeal from POM juices."

Greg Stohr of Bloomberg News reports that "Cheerleading Uniform Copyright Clash Gets U.S. High Court Review" and "Adult-Diaper Dispute Gets U.S. Supreme Court Review in Patent Test."

And Reuters reports that "Supreme Court rejects challenge to Seattle minimum wage law"; "U.S. top court rejects POM Wonderful appeal over advertising"; and "Supreme Court rejects appeal in shareholder suit against BP."
Posted at 09:32 AM by Howard Bashman




Sunday, May 1, 2016

"Patent defendants won't receive a 'Get out of East Texas free' card; Appeals court rules: If you ship there, you can be sued for infringement there": Joe Mullin of Ars Technica has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued on Friday.
Posted at 11:36 PM by Howard Bashman




"Stricter Rules for Voter IDs Reshape Races": Michael Wines and Manny Fernandez will have this front page article in Monday's edition of The New York Times.
Posted at 11:22 PM by Howard Bashman




"Scalia's death affecting next term, too? Pace of accepted cases at Supreme Court slows." Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 11:16 PM by Howard Bashman




"U.S. court rules Amtrak has too much power over freight carriers": Lawrence Hurley of Reuters has this report.

Sam Hananel of The Associated Press has an article headlined "Appeals court: Amtrak can't have regulatory role."

Ashley Halsey III of The Washington Post has an article headlined "Getting there on time: Who goes first, Amtrak or a freight train? A court rules."

At "SCOTUSblog," Lyle Denniston has a post titled "Round 2 for Amtrak: A major defeat in appeals court."

And at "The Volokh Conspiracy," Sasha Volokh has a post titled "D.C. Circuit rules against Amtrak -- again!"

You can access Friday's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 11:14 PM by Howard Bashman




"The Seventh Circuit has a new website design": So announces the home page of the web site of the U.S. Court of Appeals for the Seventh Circuit. The link to access opinions remains familiar thus far notwithstanding the redesign.
Posted at 10:44 PM by Howard Bashman




"Gannett Must Face Video Privacy Lawsuit": Wendy Davis of MediaPost has an article that begins, "Gannett may have violated a video privacy law by allegedly sending Adobe information about people who downloaded USA Today's app, a federal appellate court has ruled."

You can access Friday's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 10:42 PM by Howard Bashman




"Sexual Assault Ruling in Oklahoma Spurs Calls to Change State Laws": Daniel Victor of The New York Times has this report.

My earlier coverage of this ruling can be accessed here.
Posted at 10:40 AM by Howard Bashman




"This Is Not Corruption: Why the appearance of quid pro quo may not be enough to uphold the conviction of Virginia's former governor." Yesterday, Slate posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick with guest Nancy Gertner.
Posted at 10:36 AM by Howard Bashman




"Deflategate To The Supreme Court? Nina Totenberg Weighs In." WBUR-FM of Boston posted this audio segment online yesterday.
Posted at 10:32 AM by Howard Bashman




"Supreme Court trying to find its way after Scalia": Mark Sherman and Sam Hananel of The Associated Press have this report.
Posted at 10:26 AM by Howard Bashman




"Rescue the Supreme Court From Limbo": This editorial appears in today's edition of The New York Times.
Posted at 10:22 AM by Howard Bashman







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