How Appealing



Wednesday, January 3, 2018

“Can Land Uninhabitable by an Endangered Species Nonetheless Be ‘Critical Habitat’ under the Endangered Species Act? The Supreme Court is asked to review an expansive interpretation of the Fish & Wildlife Service’s authority to designate critical habitat for listed species.” Jonathan H. Adler has this post at “The Volokh Conspiracy.”

Posted at 11:18 PM by Howard Bashman



“A Few Thoughts on Collins v. Virginia: My take on a Fourth Amendment case that will be argued next Tuesday.” Orin Kerr has this post at “The Volokh Conspiracy.”

Posted at 9:56 PM by Howard Bashman



“Students Identify With 50-Year-Old Supreme Court Case”: Nina Totenberg had this audio segment on this evening’s broadcast of NPR’s “All Things Considered.”

Posted at 9:45 PM by Howard Bashman



“Wandering Dago prevails in federal court; Food truck was barred from Empire State Plaza by state”: Casey Seiler of The Times Union of Albany, New York has this report.

Steven Cook of The Daily Gazette of Schenectady, New York reports that “State violated Wandering Dago food truck owners’ rights, appeals court rules; Can now participate in Empire State Plaza lunch program if it is held again.”

And Amanda Ottaway of Courthouse News Service reports that “Food Truck ‘Wandering Dago’ Wins at Free-Speech Case.”

You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 9:00 PM by Howard Bashman



“Why It’s Impossible To Keep Judge Nominations Non-Political: We have divergent interpretive theories that map onto ideologically sorted parties, so is it any surprise that elections are high-stakes for judges?” Ilya Shapiro has this post at The Federalist.

Posted at 6:00 PM by Howard Bashman



“Supreme Court clashes with Congress over ‘gibberish’ in laws written by legislators”: Richard Wolf of USA Today has this report.

Posted at 4:55 PM by Howard Bashman



“New SCOTUS brief: no circuit split on standing in data breach class actions.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 4:50 PM by Howard Bashman



“Lindsay Lohan, Grand Theft Auto V, the First Amendment, and the Right of Publicity: An amicus brief we recently filed in an interesting and important New York high court case.” Eugene Volokh has this post at “The Volokh Conspiracy.”

Posted at 12:52 PM by Howard Bashman



“Douglas Letter, Head of Justice Department’s Civil Appeals, to Join Georgetown Law’s Institute for Constitutional Advocacy and Protection”: Georgetown Law posted this news release online today.

Posted at 12:48 PM by Howard Bashman



“Is Lucia Still Cert-Worthy? While the Trump Administration supports Supreme Court review, it’s not clear there’s enough in the case to interest the justices.” Jonathan H. Adler has this post at “The Volokh Conspiracy.”

Posted at 12:46 PM by Howard Bashman



“Speaking Freely with Adam Liptak”: The Free Speech Project at Georgetown University recently posted this video on YouTube.

Posted at 12:44 PM by Howard Bashman



“The Year Ahead in Judicial Appointments: Four Big Questions.” Ed Whelan has this post at National Review’s “Bench Memos” blog.

Posted at 12:34 PM by Howard Bashman