How Appealing


Thursday, May 25, 2017

"Alabama prisoner faces eighth execution date amid death penalty debate": Richard Wolf of USA Today has this report.
Posted at 11:17 PM by Howard Bashman




"Supreme Court forced to confront the 'unsavory' politics of district lines": Richard Wolf of USA Today has this report.
Posted at 11:04 PM by Howard Bashman




"The Year of the Patent": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 11:02 PM by Howard Bashman




"Alternative Evidence: A dialogue on how the law will handle a world of alternative facts." Slate has this jurisprudence essay, consisting of a conversation between Seventh Circuit Judge Richard A. Posner and Senior U.S. District Judge Jed S. Rakoff (S.D.N.Y.), moderated by Joel Cohen.
Posted at 09:03 PM by Howard Bashman




15 years of "How Appealing" -- reader mail: Today's email is from an attorney who asked me to omit his name:
Congratulations on the 15-year milestone!

I have been reading this blog since its inception when I was an undergraduate at NYU. I had been reading cases since high school as I just loved (and love) the law. Your blog is the greatest resource for keeping current on the state of the law, which I believe is absolutely necessary to have a successful practice. I have been litigating appeals for 10 years now and I find your insights always interesting and refreshing. Most notably, I think, your blog provides a great resource for CTA cases that eventually become SCOTUS cases. Following the percolation of issues in the circuits is something that is invaluable, and without your blog it would be impossible to track things like that.

So thank you for being a wonderful resource and eminently readable.

And thanks to you for that very kind email! I will post another reader email tomorrow.
Posted at 08:57 PM by Howard Bashman




"Trump lawyers ask Supreme Court to reject 2nd Amendment claim by men who lost gun rights over nonviolent crimes": David G. Savage of The Los Angeles Times has this report.
Posted at 08:45 PM by Howard Bashman




"Appeals Court Will Not Reinstate Trump's Revised Travel Ban": Adam Liptak of The New York Times has this report.

Ann E. Marimow and Robert Barnes of The Washington Post report that "Federal appeals court maintains freeze of Trump's travel ban. Attorney general vows Supreme Court appeal."

David G. Savage of The Los Angeles Times reports that "Trump is dealt another defeat on travel ban as U.S. appeals court in Virginia blocks enforcement."

Brent Kendall of The Wall Street Journal reports that "Appeals Court Rules Against Trump's Revised Travel Ban; Administration says it will appeal to Supreme Court."

Alan Gomez and Richard Wolf of USA Today report that "Appeals court rules against President Trump's revised travel ban."

Andrea Noble and Stephen Dinan of The Washington Times report that "Appeals court upholds block on Trump's extreme vetting policy; Jeff Sessions vows appeal to Supreme Court."

Frank Green of The Richmond Times-Dispatch reports that "Divided appeals court rules against Trump's revised travel ban."

Erik Larson, Andrew M Harris, and Greg Stohr of Bloomberg News report that "Sessions Says DOJ Will Seek Supreme Court Review of Travel Ban."

Mica Rosenberg and Dan Levine of Reuters report that "In blow to Trump, U.S. appeals court refuses to reinstate travel ban."

Ariane de Vogue of CNN.com has a report headlined "Travel ban case: Here's what the Supreme Court might look at."

Josh Gerstein of Politico.com reports that "Appeals court keeps block on revised Trump travel ban; administration vows SCOTUS appeal; Attorney general vows to take legality of executive order to Supreme Court."

Cristian Farias of HuffPost reports that "Appeals Court Slaps Down Donald Trump's Travel Ban Yet Again; The court said that the president's executive order 'drips with religious intolerance, animus, and discrimination.'"

Zoe Tillman of BuzzFeed News reports that "Federal Appeals Court Upholds The Nationwide Injunction Blocking Trump's Travel Ban."

And in commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled "Court Essentially Says Trump Lied About Travel Ban; The decision by the Fourth Circuit is extraordinary in its rebuke of the president."

You can access today's en banc ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 08:30 PM by Howard Bashman




"Kevin Newsom's Insightful Take on The Slaughter-House Cases": Michael Stokes Paulsen has this post online at National Review's "Bench Memos" blog.
Posted at 07:45 PM by Howard Bashman




"Gov. Kay Ivey appoints Will Sellers, former campaign chair, to Alabama Supreme Court": Brian Lyman of The Montgomery Advertiser has this report.
Posted at 07:40 PM by Howard Bashman




"Senate Republicans likely to change custom that allows Democrats to block judicial choices": Robert Barnes and Ed O'Keefe of The Washington Post have an article that begins, "Senate Republicans are threatening to change a custom that allows Democratic senators to block some judicial choices from their states, in an effort to speed along a conservative transformation of the federal judiciary."
Posted at 07:34 PM by Howard Bashman




"U.S. District Judge Amul Thapar confirmed to federal appeals court seat": Bill Estep of The Lexington (Ky.) Herald-Leader has this report.

Alex Swoyer of The Washington Times reports that "Senate confirms Judge Thapar to 6th U.S. Circuit Court of Appeals."

Seung Min Kim of Politico.com reports that "Senate confirms Trump's conservative pick for 6th Circuit Appeals court."

And Zoe Tillman of BuzzFeed News reports that "The Senate Confirmed Trump's First Lower Court Nominee."
Posted at 07:28 PM by Howard Bashman




"Election Wars at the Supreme Court": Linda Greenhouse has this essay online at The New York Times.
Posted at 07:20 PM by Howard Bashman




Programming note: This morning, I will be attending a meeting out-of-the-office concerning one of the appeals on which I am working. Additional posts will appear here this afternoon. As always while I am traveling, additional appellate-related retweets are likely to appear on this blog's Twitter feed.
Posted at 07:28 AM by Howard Bashman




Wednesday, May 24, 2017

"Trial ordered to determine if Strip performer's rights violated": Cy Ryan of The Las Vegas Sun has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:46 PM by Howard Bashman




"Libertarian Legal Scholars Reject Trump Judicial Nominee's Views on 14th Amendment": Damon Root has this post at Reason.com's "Hit & Run" blog (via "Above the Law").
Posted at 10:08 PM by Howard Bashman




"Prosecutor not ruling out charges for ex-in-laws in Markel case": Karl Etters of The Tallahassee Democrat has an article that begins, "A year ago today, one of Tallahassee's most enthralling whodunits took an explosive turn when Sigfredo Garcia was arrested at a Miami-area gas station."
Posted at 10:00 PM by Howard Bashman




"Court Considers Whether Trump Can Fire Consumer Regulator; Federal appeals court appears hesitant to rule CFPB's structure is unconstitutional": Yuka Hayashi and Brent Kendall of The Wall Street Journal have this report.

Sarah N. Lynch of Reuters reports that "U.S. regulator may have edge in court arguments on its structure."

And Zoe Tillman of BuzzFeed News reports that "A Fight Over Presidential Power Is Working Its Way Towards The US Supreme Court."
Posted at 09:42 PM by Howard Bashman




15 years of "How Appealing" -- reader mail: Today's email is from Mark Kernes, senior editor for Adult Video News:
How Appealing is one of my daily must-reads. It's informative on a wide variety of subjects, and as a legal journalist, often alerts me to court decisions, lawsuits and other political/legal goings-on that I can further research and write about. Thank you SO MUCH for your blog
Mark, thank you for your kind email. It has been a pleasure to link to your work from time to time over the years, especially when I have found it online in a form that is safe-for-work for this blog's readers. I will post another reader email tomorrow.
Posted at 09:23 PM by Howard Bashman




"Solicitor General to Supreme Court: New Jersey sports betting case not worth your while." John Brennan of The Record of Hackensack, New Jersey has this report.
Posted at 09:05 PM by Howard Bashman




"How Trump plans to remake the lower courts": Law professor Jonathan R. Nash has this essay online at The Hill.
Posted at 09:00 PM by Howard Bashman




"The Supreme Court's Immigration Law Showdown: The justices will face a number of challenges that have tremendous implications for life in the Trump era." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 08:52 PM by Howard Bashman




Programming note: This evening, I will be attending the opening of a new exhibit titled "John Marshall: Patriot, Statesman, Chief Justice" at the National Constitution Center. Additional posts, including today's 15th anniversary reader email, will appear here tonight.
Posted at 03:27 PM by Howard Bashman




"Q&A: How Did We End Up with this Far-Right Supreme Court?" This interview with Laura Kalman, author of the book "The Long Reach of the Sixties: LBJ, Nixon, and the Making of the Contemporary Supreme Court," appears online at The National Book Review.
Posted at 03:24 PM by Howard Bashman




"This court case could have a huge impact on the future of a key consumer watchdog": Jonnelle Marte of The Washington Post has this report.

Yuka Hayashi of The Wall Street Journal has an article headlined "Can Trump Fire Consumer Regulator? Federal appeals court to weigh whether president has authority to oust CFPB director."

Dave Michaels of The Wall Street Journal reports that "Case to Examine Legitimacy of SEC's In-House Courts; Wall Street's top cop set up the tribunals years ago to speed up enforcement actions against firms."

And Sarah N. Lynch of Reuters reports that "U.S. appeals court to hear cases that could weigh on Wall Street policing."

Once the audio of today's two en banc oral arguments of the U.S. Court of Appeals for the D.C. Circuit becomes available online, I will link to it.

Update: You can access the audio of today's en banc D.C. Circuit oral argument in PHH Corp. v. CFPB via this link (44.0 MB mp3 audio file).

And you can access the audio of today's en banc D.C. Circuit oral argument in Raymond J. Lucia Cos. v. SEC via this link (36.5 MB mp3 audio file).
Posted at 09:57 AM by Howard Bashman




Tuesday, May 23, 2017

"Sexual decisions between consenting adults take on a different color when the adults are law enforcement officers." So concludes a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit in an interesting four-page decision issued today. Circuit Judge Edith H. Jones wrote the opinion.
Posted at 11:09 PM by Howard Bashman




"Federal Court Revives Wikimedia's Challenge to N.S.A. Surveillance": Charlie Savage of The New York Times has this report.
Posted at 08:54 PM by Howard Bashman




"Is Anthony Kennedy Ready to Put an End to Partisan Gerrymandering? The Supreme Court's swing voter will decide the future of American elections." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 07:28 PM by Howard Bashman




"Dylann Roof appeals conviction, death sentence in Emanuel AME Church massacre": Andrew Knapp of The Post and Courier of Charleston, South Carolina has this report.

And Meg Kinnard of The Associated Press reports that "Condemned church shooter Roof seeks appellate court mercy."
Posted at 07:24 PM by Howard Bashman




"Reach of Same-Sex Marriage Ruling Comes to Supreme Court": Kimberly S. Robinson of Bloomberg BNA has this report.
Posted at 04:15 PM by Howard Bashman




"Court revives Wikimedia lawsuit against NSA": Rachel Weiner of The Washington Post has this report.

Jonathan Stempel of Reuters has a report headlined "Wikipedia can pursue NSA surveillance lawsuit: U.S. appeals court."

And The Associated Press has a report headlined "Appeals court: NSA surveillance challenge can move forward."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 03:08 PM by Howard Bashman




"Why is the Third Circuit's courthouse named for James Byrne?" Matthew Stiegler has this interesting post at his "CA3blog."
Posted at 02:44 PM by Howard Bashman




"Kevin C. Newsom -- Nominee to the U.S. Court of Appeals for the Eleventh Circuit": Daniel B. Tilley has this post at "The Vetting Room" blog.
Posted at 02:40 PM by Howard Bashman




15 years of "How Appealing" -- reader mail: Today's email is from Dale Schowengerdt, Solicitor General of Montana:
Congratulations on How Appealing's 15th year! I give your blog more traffic than I do any other site, and have come to trust it as the go-to place for appellate news and insight. Thanks for all your hard work. You've done us all a great service.
Dale, thanks so very much for your kind email! Montana is still on my list of places to visit, so I am glad to learn that my blog is enjoyed there. I will post another reader email tomorrow.
Posted at 02:08 PM by Howard Bashman




"Two remarkable starts to oral argument": Matthew Stiegler -- who I had the pleasure of having lunch with today -- recently had this post at his "CA3blog."
Posted at 01:57 PM by Howard Bashman




"Justice Abella uses U.S. speech to take aim at 'narcissistic populism'": Colin Freeze of The Toronto Globe and Mail has this report.

Tonda MacCharles of The Toronto Star reports that "Supreme Court judge Abella worries about state of justice in world; Justice Rosalie Abella delivered a commencement speech after accepting an honorary degree from Brandeis University in Massachusetts that was part-biography, part call to action."

And Abby Patkin of The Justice, the student newspaper of Brandeis University, reports that "Abella tells grads to be attuned to injustices."
Posted at 12:04 PM by Howard Bashman







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