How Appealing



Monday, January 26, 2015

“In insider trading appeal, Justice Department makes big concession”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 8:17 PM by Howard Bashman



“Pathways to the Bench: U.S. Court of Appeals Judge Jacqueline H. Nguyen.” At the Federal Judiciary Channel of YouTube, you can view the video at this link.

Posted at 4:06 PM by Howard Bashman



“Deeply conservative Oklahoma adjusts to sudden arrival of same-sex marriage”: Monica Hesse of The Washington Post has this report.

Posted at 1:26 PM by Howard Bashman



“Attorney general asks to stay all scheduled Oklahoma executions; In a Monday filing, the attorney general’s office asked for a stay of execution on all three of the state’s scheduled lethal injections; The stays were requested in order to await the U.S. Supreme Court’s decision on the constitutionality of Oklahoma’s lethal cocktail”: Graham Lee Brewer of The Oklahoman has this news update.

Cary Aspinwall of The Tulsa World has a news update headlined “OK Attorney General asks Supreme Court to delay executions.”

Margaret Cronin Fisk and Greg Stohr of Bloomberg News report that “Oklahoma Seeks Delay of Executions Pending Top Court Review.”

The Associated Press reports that “Oklahoma could halt executions for Supreme Court drug review.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Oklahoma takes next step on executions.”

Posted at 1:24 PM by Howard Bashman



“Rand Paul’s Brand of Judicial Activism”: Law professor Cass R. Sunstein has this essay online today at Bloomberg View. The essay begins, “For many decades, the Supreme Court’s 1905 decision in Lochner v. New York has ranked among the most universally despised rulings in the history of American law.”

Posted at 9:14 AM by Howard Bashman



“Method-of-execution claims and the ‘courtesy fifth'”: Orin Kerr has this post today at “The Volokh Conspiracy.”

I anticipate that the U.S. Supreme Court will not allow executions to proceed in Oklahoma, or in any other state that uses the identical method of execution that the Court has granted certiorari to review, pending a decision on the method’s constitutionality. Regardless of the ultimate resolution of the case, which at least theoretically remains up-for-grabs until a decision issues, allowing executions to proceed in the interim will look very, very, very bad for the Court from the perspective of the general public.

Posted at 8:54 AM by Howard Bashman