How Appealing

Saturday, January 21, 2017

"In rare reversal, Texas Supreme Court takes gay marriage case": Chuck Lindell of The Austin American-Statesman has an article that begins, "In a rare reversal, the all-Republican Texas Supreme Court accepted a gay marriage case Friday after pressure from state GOP leaders and grass-roots activists."

Mike Ward of The Houston Chronicle reports that "High court takes Houston same-sex benefits case after prod by GOP leaders."

Lauren McGaughy of The Dallas Morning News reports that "At GOP leaders' urging, Texas Supreme Court will consider undoing gay spousal rights."

Alexa Ura of The Texas Tribune reports that "After GOP appeal, Texas Supreme Court agrees to take up same-sex marriage case; The Texas Supreme Court reversed course and agreed to take up a case involving benefits for married same-sex couples after Republican leaders urged the court to reconsider its earlier 8-1 decision to let a lower court decision stand."

And John Wright of The Texas Observer reports that "Texas GOP Still Trying to Chip Away at Gay Marriage Ruling; Proposals in the Legislature and a case taken by the Texas Supreme Court attempt to turn back some of the federal law allowing gay marriage."
Posted at 01:48 PM by Howard Bashman

"Law school clinic case advances to Supreme Court; Outcome could have major ramifications for workers rights": The Cavalier Daily, the student newspaper of the University of Virginia, has this report.
Posted at 01:30 PM by Howard Bashman

"U.S. Supreme Court to hear case of former Akron woman deported over husband's Bosnian war crimes": Eric Heisig of The Cleveland Plain Dealer has this report.
Posted at 01:26 PM by Howard Bashman

"Workplace lawsuits could rise under Trump, but Supreme Court still a wild card": Alexia Elejalde-Ruiz of The Chicago Tribune has this report.
Posted at 01:22 PM by Howard Bashman

"Meet Donald Trump's Potential Picks for Supreme Court Justice": Audrey Taylor of ABC News has this report.

And today's broadcast of "CBS This Morning: Saturday" contained a video segment featuring Jan Crawford titled "A look at the coming Supreme Court battles."
Posted at 01:18 PM by Howard Bashman

"Immunity in High Places: Can government officials be held individually responsible for constitutional violations? And why one NFL team is so interested in a trademark challenge." Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 01:08 PM by Howard Bashman

"Chief Justice Roberts: Will he be Trump's friend or foe?" Richard Wolf of USA Today has this report.
Posted at 11:54 AM by Howard Bashman

"3rd Circuit says Spokeo can't kill data breach class actions": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post on a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.
Posted at 11:50 AM by Howard Bashman

"U.S. top court to hear Bristol-Myers out-of-state injury appeal": Erica Teichert of Reuters has this report.
Posted at 11:25 AM by Howard Bashman

"How President Trump will shape the federal courts": Jonathan H. Adler has this post at "The Volokh Conspiracy."
Posted at 11:22 AM by Howard Bashman

Friday, January 20, 2017

"Supreme Court to hear case about arrests at party in D.C. house": Robert Barnes has this article in today's edition of The Washington Post.
Posted at 08:40 PM by Howard Bashman

"How the States Can Help Trump Make Federalism Great Again: State attorneys general should work together to roll back the federal government's overreach." Law professor Josh Blackman has this essay online at National Review.
Posted at 08:20 PM by Howard Bashman

Access the audio of this week's U.S. Supreme Court oral arguments: Via this link.
Posted at 02:41 PM by Howard Bashman

"Supreme Court Weighs Whether Bush Officials Can Be Sued Over Post-9/11 Abuse": Eric Lichtblau of The New York Times has this report.

Ann E. Marimow and Abigail Hauslohner of The Washington Post report that "Post-Sept. 11 profiling case tests government officials' broad immunity from civil suits."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Appears Split on Whether Immigrants Captured in 9/11 Sweeps Can Sue Officials; Plaintiffs held in Brooklyn detention center under harsh conditions allege violations of constitutional rights by former Attorney General John Ashcroft, other government officials."

Richard Wolf of USA Today reports that "Supreme Court justices favor Bush officials in Sept. 11 detainee case."

And Cristian Farias of The Huffington Post reports that "Obama Lawyer Urges Supreme Court To Shield High-Ranking Officials From Lawsuits; The administration's final argument before the justices could empower the next president."

You can access at this link the transcript of Wednesday's U.S. Supreme Court oral argument in Ziglar v. Abbasi, No. 15-1358.
Posted at 02:38 PM by Howard Bashman

"Detention of Innocent Muslims Is a Horror We Can't Forget": Law professor Noah Feldman has this essay online at Bloomberg View.

And online at The Los Angeles Times, columnist Michael McGough has an essay titled "How far will Trump be allowed to go on Muslim immigrants? The Supreme Court may be giving us a preview."
Posted at 02:06 PM by Howard Bashman

"'Dismemberment' abortion law set for Kansas Supreme Court hearing": Dion Lefler of The Wichita Eagle has this report.
Posted at 02:03 PM by Howard Bashman

"Trump on Supreme Court pick: 'I think in my mind I know who it is.'" Ariane de Vogue of has this report.
Posted at 01:44 PM by Howard Bashman

"Supreme Court Review of The Short-Listers' Decisions": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 01:33 PM by Howard Bashman

Thursday, January 19, 2017

"Justices Appear Willing to Protect Offensive Trademarks": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Can disparaging trademarks be denied? The Supreme Court is skeptical."

David G. Savage of The Los Angeles Times has an article headlined "Asian American band the Slants takes its trademark battle to the Supreme Court: Is it free speech or a racial slur?"

Richard Wolf of USA Today reports that "Justices dubious about government denials of 'derogatory' trademarks."

Brent Kendall of The Wall Street Journal reports that "High Court Ponders Whether the Right to Offend Can be Trademarked; Argument by Asian-American band the Slants that government's refusal to register certain trademarks because of content is burden to free speech finds support among justices."

Cristian Farias of The Huffington Post has an article headlined "Who's To Say The Word 'Slants' Offends Asians? The Supreme Court, That's Who; How an Asian-American band -- and its First Amendment case -- gains an NFL owner as a fan."

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Considers Trademark Battle Over Band Name."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Lee v. Tam, No. 15-1293.
Posted at 09:58 AM by Howard Bashman

"UK Supreme Court says it will give Brexit trigger case ruling on Tuesday": Michael Holden of Reuters has this report.
Posted at 09:45 AM by Howard Bashman

"The Supreme Court's Next Gun Battle": Linda Greenhouse has this essay online today at The New York Times.
Posted at 09:42 AM by Howard Bashman

"Indiana's sole minority Supreme Court Justice to retire this year": Fatima Hussein of The Indianapolis Star has this report.
Posted at 09:38 AM by Howard Bashman

Tuesday, January 17, 2017

Programming note: The 2017 Appellate Judges Education Institute Summit will take place in Long Beach, California in November 2017. And tomorrow evening and Thursday morning, the AJEI's Education Committee will meet in Long Beach to plan the substance of this year's Summit. As a result, I will be spending much of tomorrow in transit to California.

The U.S. Supreme Court is expected to issue one or more opinions in argued cases tomorrow at 10 a.m. eastern time. Once the Court posts any opinions online, you can access them via this link.

And tomorrow afternoon, via this link, you will be able to access the transcripts of the cases that are being orally argued tomorrow morning at the U.S. Supreme Court.

As always while I am traveling, more frequent appellate-related retweets will appear on this blog's Twitter feed, which I hope you will choose to follow if you haven't already done so.
Posted at 08:04 PM by Howard Bashman

"Liberal U.S. justices hit debt collector's business practices": Lawrence Hurley of Reuters has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Midland Funding, LLC v. Johnson, No. 16-348.
Posted at 07:54 PM by Howard Bashman

"Did U.S. Supreme Court just boost hopes for N.J. sports betting?" Brent Johnson of has this report.

Andrew Chung of Reuters reports that "U.S. top court asks Trump team for New Jersey sports betting views."

And David Porter of The Associated Press reports that "Supreme Court delays New Jersey sports betting decision."
Posted at 07:44 PM by Howard Bashman

"'Bad Hombres' Loom Over Supreme Court": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 07:21 PM by Howard Bashman

"Supreme Court case sets the stage for future officials' accountability": Abigail Hauslohner and Ann E. Marimow of The Washington Post have this report.
Posted at 02:24 PM by Howard Bashman

"The Case For Chuck Cooper As Solicitor General": David Lat has this post at "Above the Law."
Posted at 01:54 PM by Howard Bashman

"The laundry policy at the Cole County Detention Center leaves pretrial detainees naked, with only a bed sheet and a blanket for cover, every four nights for women and every two-to-three nights for men." So begins a decision that the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 01:40 PM by Howard Bashman

"Supreme Court hears case over deportations": The Associated Press has this report.

Update: You can access at this link the transcript of today's U.S. Supreme Court oral argument in Lynch v. Dimaya, No. 15-1498.
Posted at 12:45 PM by Howard Bashman

"D.C. Circuit Review -- Reviewed: 'It's Like the D.C. Circuit is Actively Trying to Undermine Your Column.'" Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 09:42 AM by Howard Bashman

Access today's Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases, but the Court did call for the views of the Solicitor General's office in one case -- the New Jersey sports betting case.
Posted at 09:32 AM by Howard Bashman

Monday, January 16, 2017

"U.S. Supreme Court to hear Missouri case on state money for religious institutions": Celeste Bott has this front page article in today's edition of The St. Louis Post-Dispatch.
Posted at 09:47 PM by Howard Bashman

"Rock band 'The Slants' takes on Supreme Court": Richard Wolf of USA Today has this report.

Michael Doyle of McClatchyDC has an article headlined "So 'Redskins' isn't the only racially disparaging name seeking U.S. protection."

Matthew Singer of Willamette Week reports that "Portland Band the Slants Take Their Trademark Case to the Supreme Court This Week; The Portland band's nearly six-year battle to trademark its name reaches its apex on Wednesday."

Online at USA Today, Tony Mauro has an essay titled "Free The Slants to trademark 'offensive' name: Asian-American band wants to own 'the language of oppression'; The Supreme Court should let it."

And at her "In a Crowded Theater" blog, Erica Goldberg has a post titled "Lee v. Tam: Offensive Trademarks at the Supreme Court (A Series) -- Part Five: The Final Pre-Argument Analysis."
Posted at 09:42 PM by Howard Bashman

"Trump's team already trying to break Senate Supreme Court filibuster": Tom LoBianco of has this report.
Posted at 09:20 PM by Howard Bashman

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