How Appealing

Thursday, February 16, 2017

"Sit Down with Ruth Bader Ginsburg": Ka Leo O Hawai'i today posted this video interview on YouTube.
Posted at 10:48 PM by Howard Bashman


"Appeals court agrees to wait on promised Trump travel ban revision; Justice Department asked 9th Circuit to stay case pending redraft of order": Josh Gerstein of Politico.com has this report.

And Adam Liptak of The New York Times reports that "Trump Will Issue New Travel Order Instead of Fighting Case in Court."

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit staying that court's sua sponte consideration of whether to rehear the case en banc at this link.
Posted at 10:24 PM by Howard Bashman



"Leaked Emails Show Justice Clarence Thomas's Wife Pushing Travel Ban; In leaked emails, Ginni Thomas asked for advice on how to organize in favor of Trump's travel ban; But by doing so, she may have inadvertently made it harder for the executive order to survive the Supreme Court": Betsy Woodruff of The Daily Beast has this report.
Posted at 10:14 PM by Howard Bashman


"Prayer before meetings not OK, court tells county commission": MLive.com has this report.

Rick Pluta of Michigan Radio reports that "Appeals court says Jackson commissioners violated Constitution with prayer."

And Bradford Richardson of The Washington Times reports that "Animist wins appeal to thwart Christian prayer in public meetings."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 08:42 PM by Howard Bashman



"Trump's court pick reaches out, but Democrats still wary": Mary Clare Jalonick of The Associated Press has this report.
Posted at 07:48 PM by Howard Bashman


"Court rejects Florida's 'Docs vs. Glocks' law": David Ovalle of The Miami Herald has this report.

Rhonda Cook of The Atlanta Journal-Constitution reports that "Federal appeals court sides with physicians in 'Docs vs. Glocks' case."

Curt Anderson of The Associated Press has a report headlined "Court: Florida doctors can ask patients about guns."

Brendan Pierson of Reuters reports that "U.S. appeals court strikes down Florida law in 'Docs vs. Glocks' case."

And Zoe Tillman of BuzzFeed reports that "Florida Law Barring Doctors From Asking Patients If They Own Guns Is Struck Down; A federal appeals court said doctors could ask about a patient's gun ownership, but can't discriminate against patients who do own guns."

You can access today's en banc ruling of the U.S. Court of Appeals for the Eleventh Circuit, containing two separate majority opinions written by two different judges, at this link. Interestingly, the author of each majority opinion joined in full in the other majority opinion.
Posted at 07:44 PM by Howard Bashman



"Sirius XM wins dismissal of Turtles copyright lawsuit in New York": Jonathan Stempel of Reuters has this report.

And at the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "SiriusXM Wins New York Case Over Pre-1972 Sound Recordings; The 2nd Circuit rules that the satcaster deserves summary judgment and the lawsuit from Flo & Eddie should be dismissed."

You can access today's per curiam ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:33 PM by Howard Bashman



Seventh Circuit affirms conviction of self-proclaimed Indiana anarchist for maliciously conveying false information: Circuit Judge Richard A. Posner issued this opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 01:23 PM by Howard Bashman


"U.S. appeals court to reconsider challenge to consumer bureau": Lawrence Hurley of Reuters has this report.

You can access today's order of the U.S. Court of Appeals for the D.C. Circuit granting rehearing en banc at this link.

The order mentions this order that the D.C. Circuit issued today granting rehearing en banc in a separate case.
Posted at 01:07 PM by Howard Bashman



"Who are 'Officers of the United States'?" Jennifer L. Mascott has posted this article on SSRN (via "Legal Theory Blog").
Posted at 12:57 PM by Howard Bashman


"More favor than oppose Gorsuch nomination to Supreme Court": Shiva Maniam of Pew Research Center has this report.
Posted at 12:50 PM by Howard Bashman


"Senate hearings for Supreme Court pick to begin March 20": Mary Clare Jalonick of The Associated Press has this report.

And Lawrence Hurley of Reuters reports that "Trump Supreme Court nominee's confirmation hearing to start March 20."
Posted at 11:48 AM by Howard Bashman



"Richland florist discriminated against gay couple for refusing service, state's highest court rules; The high-profile court case highlights the clash between constitutional principles -- the right to be treated equally under the law and the free exercise of religion and speech": Lynn Thompson of The Seattle Times has this report on a unanimous ruling that the Supreme Court of Washington State issued today.

And Rachel La Corte of The Associated Press reports that "Washington court rules against florist in gay wedding case."
Posted at 11:42 AM by Howard Bashman



"The Big Abortion Question for Gorsuch": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 11:37 AM by Howard Bashman


"Caligula posted the tax laws in such fine print and so high that his subjects could not read them." So begins an interesting opinion that Circuit Judge Jeffrey S. Sutton issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.
Posted at 11:33 AM by Howard Bashman


"Who Will Watch the Agents Watching Our Borders?" Linda Greenhouse has this essay online at The New York Times.
Posted at 11:00 AM by Howard Bashman


"Judge Gorsuch, a Judicious Writer": Adam J. White has this post today at The Weekly Standard.
Posted at 10:55 AM by Howard Bashman


"Justices eager to meet students, public Thursday": Glenn Evans has this front page article in today's edition of The Longview (Tex.) News-Journal.

And proving that Twitter superstardom is meaningless, the newspaper has published an item headlined "Justice profile: Willett advised Bush in Austin, D.C." that doesn't even mention the subject's online claim to fame.
Posted at 10:15 AM by Howard Bashman



Access the February 2017 edition of "Appellate Issues," a publication of the ABA's Council of Appellate Lawyers: At this link. The issue reports on the 2016 AJEI Summit in Philadelphia and includes an article I wrote.
Posted at 10:05 AM by Howard Bashman


"New AFJ Report Finds Gorsuch 'Not Qualified' for Supreme Court": Alliance for Justice has issued this news release regarding a report that the organization issued today.
Posted at 09:58 AM by Howard Bashman


"Moments In History: Remembering Thurgood Marshall." United States Courts has posted this video on YouTube today.
Posted at 09:54 AM by Howard Bashman


"Judge Gorsuch Shows Sensitivity to First Amendment Issues": David L. Hudson Jr. has this report online at the Newseum Institute.
Posted at 09:52 AM by Howard Bashman


"Special master hands Ga. a victory in Southeast water war": Amanda Reilly of Greenwire has this report.
Posted at 09:50 AM by Howard Bashman


In Bashman news from Australia: Yahoo7 News of Sydney reports that "Sunbathers watch men with 'psychotic' weapons bash man."
Posted at 09:44 AM by Howard Bashman


"Scaling Judge Gorsuch's Opinions: Hints of a Possible Centrist." Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 08:44 AM by Howard Bashman


"Former law clerks herald Supreme Court nominee Neil Gorsuch's independence": Richard Wolf of USA Today has this report.

Alex Swoyer of The Washington Times reports that "Gorsuch shows 'hostility' to 'discrimination victims,' group claims in letter to senators; But 39 former clerks to the jurist hail his 'impeccable' qualifications for the Supreme Court."

And in yesterday's edition of The Philadelphia Inquirer, former U.S. Senator Rick Santorum had an op-ed titled "Gorsuch worthy of Democrats' backing." I will leave it up to others to decide whether the main purpose of the essay is to persuade Democrats or to take cheap shots at them.
Posted at 08:42 AM by Howard Bashman



"'Nobody Is Safe': Judges Sound Alarm on Tax Precedent." Adam Klasfeld of Courthouse News Service has this report on a dissent from the denial of rehearing en banc that Second Circuit Judge Dennis Jacobs issued yesterday.
Posted at 08:34 AM by Howard Bashman






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