How Appealing



Monday, February 1, 2016

“Protecting Children Vs. Protecting Privacy”: Online at Bloomberg View, law professor Noah Feldman has an essay that begins, “Can Wisconsin make a sex offender who’s completed his sentence wear a GPS monitor on his ankle for the rest of his life? Reversing a lower court judgment last week, the U.S. Court of Appeals for the 7th Circuit said the answer is yes. The opinion, by the influential Judge Richard Posner, presents itself as an exercise in cost-benefit analysis and legal common sense. But the decision is wrong nonetheless, because the right to privacy can’t be balanced away by statistics.”

My earlier coverage of last Friday’s Seventh Circuit ruling can be accessed here.

Posted at 9:40 PM by Howard Bashman



“White House expected to nominate high-profile Silicon Valley-based Judge Lucy Koh to federal appeals court”: Howard Mintz of The San Jose Mercury News has an article that begins, “San Jose-based U.S. District Judge Lucy Koh, who in recent years has become the most influential judge in Silicon Valley, is expected to soon be nominated to the nation’s largest federal appeals court, according to lawyers and judges familiar with the White House vetting process.”

Posted at 9:27 PM by Howard Bashman



“Court to States: Follow Us on Retroactivity.” Kenneth Jost had this post yesterday at his blog, “Jost on Justice.”

Posted at 5:42 PM by Howard Bashman



Programming note: This afternoon, I am traveling to Harrisburg, Pennsylvania, where tomorrow morning I am orally arguing two unrelated appeals before the same three-judge panel of the Superior Court of Pennsylvania (the 11th and 13th cases on this list).

In the first case (earlier news coverage here), you can access my client’s Brief for Appellant and Reply Brief for Appellant.

And in the second case (earlier news coverage here), you can access my clients’ Brief for Plaintiffs-Appellees.

Additional posts may appear here this evening.

Posted at 1:36 PM by Howard Bashman



“Tuaua Plaintiffs To Seek Supreme Court Review; Theodore B. Olson Joins Case Seeking Recognition of Birthright Citizenship in U.S. Territories”: This post appeared in mid-December 2015 at the “Equally American Blog” of the We the People Project.

Theodore B. Olson appears as counsel of record for petitioners on the Petition for a Writ of Certiorari filed today.

Posted at 1:04 PM by Howard Bashman



“After 10 Years, Sam Alito Is The Most Important Conservative On The Supreme Court”: Tamara Tabo has this post today at “Above the Law.”

Posted at 11:58 AM by Howard Bashman



“It’s Been 10 Years. Would Clarence Thomas Like to Add Anything?” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 8:04 AM by Howard Bashman