How Appealing


Monday, May 30, 2016

"A Bird With a Broken Wing: The Supreme Court is doing its best to limp to the term's finish line; So why do the justices insist that everything is hunky-dory?" Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick with law professors Garrett Epps and Jonathan H. Adler.
Posted at 01:34 PM by Howard Bashman




"In Georgia, Racial Injustice Long Denied Confirmed": Kenneth Jost has this post at his "Jost on Justice" blog.
Posted at 01:26 PM by Howard Bashman




"Supreme Court nominee encourages high school grads to focus on others": Angie Leventis Lourgos of The Chicago Tribune has this report.

In today's edition of The Chicago Sun-Times, Lynn Sweet has an article headlined "Garland at Niles West: Can't anticipate life's 'twists and turns.'"

Adeshina Emmanuel of The New York Times reports that "Supreme Court Nominee Merrick Garland Advises Graduates on Facing 'Twists and Turns.'"

At WSJ.com's "Washington Wire" blog, Jess Bravin has a post titled "Merrick Garland Finally Gets a Hearing -- At His Old High School; Supreme Court nominee tells graduates to spend some time in public service."

Samantha Reyes and Olivia Beavers of CNN.com report that "Garland returns to alma mater for commencement."

And Kristen East of Politico.com reports that "Garland tells graduates of 'twist and turns.'"
Posted at 01:08 PM by Howard Bashman




"Rulings and Remarks Tell Divided Story of an 8-Member Supreme Court": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 12:54 PM by Howard Bashman




Sunday, May 29, 2016

"Supreme Court asked to rule on Trump casino bankruptcy": David G. Savage of The Los Angeles Times has this report.
Posted at 02:16 PM by Howard Bashman




"Colloton '85 shortlisted as Trump's potential Supreme Court Justice": Abhiram Karuppur of The Daily Princetonian has this report.
Posted at 10:52 AM by Howard Bashman




"Supreme Court nominee Merrick Garland addresses high school alma mater": Angie Leventis Lourdos of The Chicago Tribune has an article that begins, "Supreme Court nominee Merrick Garland is returning to his alma mater Niles West High School to speak at its commencement ceremony this afternoon, marking his second noteworthy graduation speech at the Skokie high school."

And the Illinois Patch reports that "Supreme Court Nominee Merrick Garland Gives Niles West Commencement Speech; The Niles West High School graduation ceremony begins at noon Sunday."

You can view live, online the Niles West High School 2016 Commencement ceremony via this link.
Posted at 10:42 AM by Howard Bashman




"Gay marriage victory at Supreme Court triggering backlash": Richard Wolf of USA Today has this report.
Posted at 10:32 AM by Howard Bashman




"Order on the court": In today's edition of The Philadelphia Inquirer, Jeffrey Rosen has an essay that begins, "A hundred years ago, on June 1, 1916, Louis Brandeis was confirmed as an associate justice of the Supreme Court."
Posted at 10:08 AM by Howard Bashman




Saturday, May 28, 2016

"Markel's ex-wife lauds investigators, arrest": Karl Etters has this front page article in today's edition of The Tallahassee Democrat.

In other coverage from that newspaper, Sean Rossman reports that "PrawfsBlawg continues after Markel's death."

Safid Deen has articles headlined "Witness: Police swarmed Garcia during arrest in Markel case" and "Garcia neighbors in disbelief over murder charge."

And Jeff Burlew has an article headlined "Markel suspect: 'This is not my first rodeo.'"
Posted at 01:04 PM by Howard Bashman




"'Parking While Black' Is Not Probable Cause for an Arrest": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 10:02 AM by Howard Bashman




"Court: Juvenile killers can't get life without parole." Grant Rodgers has this front page article in today's edition of The Des Moines Register.

In today's edition of The New York Times, Dave Philipps has an article headlined "Iowa Court Rejects Life Without Parole for Juveniles."

Mark Berman of The Washington Post reports that "Iowa Supreme Court says juveniles can't be sentenced to life in prison without parole for murder."

And The Associated Press reports that "Iowa Supreme Court bans life without parole for teen killers."

You can access yesterday's 4-to-3 ruling of the Supreme Court of Iowa at this link.
Posted at 09:55 AM by Howard Bashman




"To Save Our Justice System, End Racial Bias in Jury Selection": Senior Second Circuit Judge Jon O. Newman has this op-ed in today's edition of The New York Times.

And online at Slate, law professor Bennett L. Gershman has a jurisprudence essay titled "How Prosecutors Get Rid of Black Jurors: The ugly practice that was exposed by the Supreme Court in the 1980s is still pervasive."
Posted at 09:42 AM by Howard Bashman




Friday, May 27, 2016

"Kansas school funding unconstitutional, Kansas Supreme Court rules; Justices retain June 30 deadline for creating fairer finance system for poorer schools": Celia Llopis-Jepsen of The Topeka Capital-Journal has this report. And Jonathan Shorman of The Topeka Capital-Journal reports that "GOP furious with school finance court ruling; legislative action unlikely next week; House speaker and Senate president's offices indicate action on sine die not likely."

Dion Lefler, Suzanne Perez Tobias, and Daniel Salazar of The Wichita Eagle report that "Supreme Court says Kansas school funding still unconstitutionally inequitable; school closure still looms."

Peter Hancock of The Lawrence Journal-World reports that "Kansas Supreme Court rejects lawmakers' school finance changes, threatens in new ruling to close schools."

And The Associated Press has a report headlined "Top Kansas court: State not properly funding poor schools."

You can access today's ruling of the Supreme Court of Kansas at this link.
Posted at 10:30 PM by Howard Bashman




"Roy Moore: Liberty Counsel files lawsuit over Alabama chief justice suspension." Erin Edgemon of AL.com has this report.

And The Associated Press reports that "Suspended Alabama chief justice sues state judicial panel."
Posted at 05:40 PM by Howard Bashman




"The rise and (apparent) decline of sealed petitions at the Supreme Court": Alison Frankel's "On the Case" from Thomson Reuters News & Insight today has a post that begins, "An item at Howard Bashman's How Appealing blog caught my eye Thursday."
Posted at 05:33 PM by Howard Bashman




"Appeals court halts U.S. judge's order banning aspect of D.C. gun enforcement": Spencer S. Hsu of The Washington Post has this report.

I have posted at this link today's per curiam order of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit granting a temporary administrative stay pending further order of that court.
Posted at 05:20 PM by Howard Bashman




"Bathroom lawsuit could send transgender rights to U.S. Supreme Court": Daniel Wiessner and Daniel Trotta of Reuters have this report.
Posted at 02:51 PM by Howard Bashman




"Chief Judge 2016 State of the Circuit Report": The U.S. Court of Appeals for the Second Circuit has posted this report online.
Posted at 02:48 PM by Howard Bashman




"Search of old computer files allowed by U.S. appeals court": Jonathan Stempel of Reuters has this report.

Courthouse News Service reports that "En Banc Second Circuit Endorses Long-Term Data Retention by Feds."

And at WSJ.com's "Law Blog," Joe Palazzolo has a post titled "Hard Drives Seized Years Ago Can Be Searched, Court Says."

You can access today's en banc ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 02:44 PM by Howard Bashman




"The Obama Administration Is Using Racist Court Rulings to Deny Citizenship to 55,000 People; Five American Samoans want the Supreme Court to grant them birthright citizenship": Pema Levy has this article online today at Mother Jones.
Posted at 02:34 PM by Howard Bashman




"Trump is a pragmatist, too. That's the problem." Christopher J. Scalia has this essay online at The Washington Post.
Posted at 02:33 PM by Howard Bashman




"State Supreme Court Upholds Abolishment Of Death Penalty, Including For Death-Row Inmates": Alaine Griffin and Matthew Kauffman have this front page article in today's edition of The Hartford Courant.

And The Associated Press reports that "Connecticut Supreme Court upholds death penalty abolishment."

Yesterday's ruling of the Supreme Court of Connecticut consists of a per curiam opinion of the court, three concurring opinions (here, here, and here) and two dissenting opinions (here and here).
Posted at 01:46 PM by Howard Bashman




"Baylor Demotes President Kenneth Starr Over Handling of Sex Assault Cases": Marc Tracy has this front page article in today's edition of The New York Times.

And in today's edition of The Waco (Tex.) Tribune-Herald, Phillip Ericksen has a front page article headlined "Baylor looks to move beyond 'fundamental failure,' removes president and coach amid controversy."
Posted at 01:28 PM by Howard Bashman




"Former SPLC director picked for Roy Moore prosecution; Attorney General's Office 'not involved in the case'": Andrew J. Yawn has this front page article in today's edition of The Montgomery (Ala.) Advertiser.

Kent Faulk of The Birmingham News reports that "Former SPLC legal director hired to prosecute Roy Moore."

And The Associated Press reports that "Ex-US magistrate hired to prosecute Alabama chief justice."
Posted at 01:12 PM by Howard Bashman




"Alabama Supreme Court now recognizes lesbian adoption after SCOTUS opinion": Kent Faulk of The Birmingham News has this report.
Posted at 12:50 PM by Howard Bashman




"Eight 'is not a good number' for the Supreme Court, Ginsburg says": Robert Barnes of The Washington Post has this report.

And The Associated Press has a report headlined "Ginsburg: Having only 8 justices hamstrings Supreme Court."

You can access at this link the prepared text of the remarks that Justice Ruth Bader Ginsburg delivered yesterday at the Judicial Conference of the U.S. Court of Appeals for the Second Circuit.
Posted at 09:03 AM by Howard Bashman




"Friends, colleagues find hope in arrest, eager for details": Sean Rossman has this front page article in today's edition of The Tallahassee Democrat.

And The Associated Press reports that "Family members 'grateful' for arrest in killing."
Posted at 08:56 AM by Howard Bashman




Thursday, May 26, 2016

"Shareholder firm wants to organize pension funds to battle biz amici": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 11:52 PM by Howard Bashman




"'Not finished yet': More arrests likely in Markel case." Karl Etters of The Tallahassee Democrat has this report, along with an article headlined "Details in Markel case sparse at TPD press conference."

Sean Rossman of The Tallahassee Democrat has articles headlined "Mystery of Markel's death gripped Tallahassee" and "'Healing process' for Markel home."

Jeff Burlew of The Tallahassee Democrat reports that "Suspect in Dan Markel case has long rap sheet."

And Tonya Alanez of The South Florida Sun Sentinel reports that "Man arrested in Hallandale Beach linked to 2014 killing of FSU professor, investigators say."
Posted at 11:44 PM by Howard Bashman




"GOP Senator Says He Was Unmoved By Meeting With Merrick Garland Before Meeting Actually Happens; A Utah newspaper published an op-ed by Sen. Orrin Hatch saying the meeting hadn't changed his mind about Garland; There was just one problem": Cristian Farias and Sam Stein of The Huffington Post have this report today.

And Lawrence Hurley of Reuters has a report headlined "Oops! Senator's article tells of phantom meeting with Obama nominee."
Posted at 11:14 PM by Howard Bashman




"Another Blow to Holding Banks Accountable for the Financial Crisis": Jesse Eisinger has this post online today at The New Yorker.
Posted at 11:05 PM by Howard Bashman




"The Next Supreme Court Confirmation Battle": The National Constitution Center in Philadelphia hosted this event earlier tonight featuring several distinguished participants, and you can access the video on YouTube at this link.
Posted at 11:02 PM by Howard Bashman




Numerical proof that "How Appealing" is a centrist law blog: Thanks to my participation this week as a speaker/panelist at the Judicial Conference of the U.S. Court of Appeals for the Sixth Circuit, I have now taken part as a speaker or panelist at the judicial conferences of the Fourth, Fifth, Sixth, Seventh, and Eighth Circuits. You can't stay closer to the center of the 11 numbered circuits than that.

In addition, some years ago I spoke on a panel at a D.C. Circuit judicial conference, but since that is not a numbered circuit it doesn't count. That conference was notable in retrospect, however, because at one point I did share an elevator with D.C. Circuit Judge, and current U.S. Supreme Court nominee, Merrick B. Garland.
Posted at 10:55 PM by Howard Bashman




"In the final stretch, how will a divided Supreme Court rule on these big cases?" David G. Savage of The Los Angeles Times has this report.
Posted at 10:20 PM by Howard Bashman




Programming note: This afternoon I will be returning home to the Philadelphia region from Louisville, Kentucky, where I have been attending the Judicial Conference of the U.S. Court of Appeals for the Sixth Circuit as a speaker/panelist. I had a very enjoyable time at the conference and visiting Louisville for the very first time. Additional posts will appear here this evening.

As always while I am traveling, in the interim additional appellate- and law-related items may appear on this blog's Twitter feed. This blog now has over 5,800 followers on Twitter, but there's always room for more.
Posted at 10:46 AM by Howard Bashman




"State Supreme Court to hear oral arguments in suit over birth certificates": John Lyon of the Arkansas News Bureau has an article that begins, "The Arkansas Supreme Court said Wednesday it will hear oral arguments in a lawsuit over whether same-sex couples are entitled to obtain amended birth certificates for their children listing both spouses as parents."
Posted at 10:40 AM by Howard Bashman




"U.S. Supreme Court allows secret debate in John Doe filing": Jason Stein of The Milwaukee Journal Sentinel has an article that begins, "The U.S. Supreme Court for now is allowing arguments partly in secret in a case over whether the high court should hear a dispute over the shutdown of an investigation into Gov. Scott Walker's campaign and conservative groups backing him."
Posted at 10:38 AM by Howard Bashman




"Challengers say NC Supreme Court infected by politics": Anne Blythe has this front page article in today's edition of The News & Observer of Raleigh, North Carolina.
Posted at 10:33 AM by Howard Bashman




"Constitution Check: Will the right of the poor to a defense lawyer be expanded?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:24 AM by Howard Bashman




"Trump's SCOTUS List and the Garland Nomination": Michael Dorf has this post at his "Dorf on Law" blog.

And online at The Washington Times, Newt Gingrich has an essay titled "Populism, diversity in Trump's Supreme Court list; Diverse law school, state judicial backgrounds."
Posted at 10:22 AM by Howard Bashman




"Trump short-lister backs cereal maker in contamination case": Robin Bravender of Greenwire has this report.
Posted at 10:18 AM by Howard Bashman




"Ohio Christian School's Land Use Claims Reinstated": Jeffrey D. Koelemay of Bloomberg BNA has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued last week.
Posted at 10:12 AM by Howard Bashman




"Is an Eight-Member Supreme Court So Bad?" Kimberly Robinson of Bloomberg BNA has this report.
Posted at 10:09 AM by Howard Bashman




"United States Opposes Cert in NLRB Cases": Matthew L.M. Fletcher has this post today at the "Turtle Talk" blog.
Posted at 10:08 AM by Howard Bashman




"Thweatt on federal lawsuit: 'This is all for security and plain good sense'; 10 states, other entities take frustration with the Obama administration." In today's edition of The Times Record News of Wichita Falls, Texas, Christopher Collins and Lana Sweeten-Shults have a front page article that begins, "On Wednesday, 10 states and other entities took their frustration with the Obama administration's guidance on transgender bathroom policies to the federal courthouse in Wichita Falls."

In today's edition of The New York Times, David Montgomery and Alan Blinder have an article headlined "States Sue Obama Administration Over Transgender Bathroom Policy."

And Molly Hennessy-Fiske of The Los Angeles Times reports that "LGBT divide grows as 11 states sue feds over transgender bathroom rule."
Posted at 08:14 AM by Howard Bashman




"Eight Justices Are Enough": Law professor Barry P. McDonald has this op-ed in today's edition of The New York Times.
Posted at 07:54 AM by Howard Bashman




"The Supreme Court's Wishful Thinking About Compromise": Linda Greenhouse has this essay online today at The New York Times.
Posted at 07:50 AM by Howard Bashman




"Man faces murder charge in Dan Markel's death": Karl Etters of The Tallahassee Democrat has an article that begins, "A man has been arrested in connection with the July 2014 shooting death of Florida State University law professor Dan Markel."
Posted at 07:40 AM by Howard Bashman




Wednesday, May 25, 2016

"Judge Cries Foul Over a Chicago Law That Favored the Cubs": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:54 PM by Howard Bashman




"Court Rebukes FCC Over Long Delay in Updating U.S. Media-Ownership Rules; Federal appeals panel threatens to toss out the regulations altogether if agency doesn't act soon": John D. McKinnon of The Wall Street Journal has this report.

And Reuters reports that "Court strikes down U.S. FCC broadcaster sales rules."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 11:30 PM by Howard Bashman




"Chief Justice John Roberts speaks on diversity, consensus": The Associated Press has this report.
Posted at 04:16 PM by Howard Bashman




"South Carolina Gov. signs 20-week abortion ban": The Associated Press has this report.
Posted at 04:03 PM by Howard Bashman




"Get Ready For A Raucous Kansas Supreme Court Retention Race": Sam Zeff of KCUR Radio has this report.
Posted at 01:55 PM by Howard Bashman




"Foes of teacher tenure, seniority appeal to state Supreme Court": Bob Egelko of The San Francisco Chronicle has an article that begins, "Opponents of teacher tenure and seniority laws in California asked the state Supreme Court to take up their case Tuesday, arguing that an appellate court disregarded evidence that the laws shield incompetent teachers and harm low-income and minority students."

And Joy Resmovits of The Los Angeles Times reports that "California's teacher tenure battle is reignited by Vergara appeal and a new bill."
Posted at 01:48 PM by Howard Bashman




"Appeal argued before Virginia Supreme Court in Confederate flag controversy": John R. Crane has this front page article in today's edition of The Danville Register & Bee.
Posted at 01:44 PM by Howard Bashman




"Nebraska Supreme Court hears arguments over whether ballot initiative to reinstate death penalty is valid": Joe Duggan of The Omaha World-Herald has this report.

And Lori Pilger of The Lincoln Journal Star reports that "Attorneys battle over whether death penalty should end up on November ballot."
Posted at 01:38 PM by Howard Bashman




"Donald Beatty elected chief justice of South Carolina Supreme Court": Maya T. Prabhu of The Post and Courier of Charleston, South Carolina has an article that begins, "S.C. Supreme Court Associate Justice Donald Beatty will serve as the court's next chief justice, becoming the second black man to hold the post."
Posted at 01:34 PM by Howard Bashman







Related Blogs
Especially Appealing Blogs

Above the Law

ACSBlog

Althouse

Appellate Advocacy Blog

Balkinization

Bench Memos

The BLT: The Blog of Legal Times

Civil Procedure & Federal Courts Blog

Concurring Opinions

The Confrontation Blog

Dorf on Law

Drug and Device Law

Election Law

Hercules and the umpire

InstaPundit.Com

Josh Blackman's Blog

Josh Gerstein's Blog

Jost on Justice

Just Security

Lawfare

Law News Now

Legal Theory

Patently-O

PrawfsBlawg

Professor Bainbridge.com

Religion Clause

Re's Judicata

SCOTUSblog

Sentencing Law and Policy

TaxProf Blog

Threat Level

tonypierce.com + busblog

Trial Insider

The Volokh Conspiracy

Workplace Prof Blog

WSJ.com's Law Blog