How Appealing



Wednesday, February 17, 2016

“I’m a liberal lawyer. Clerking for Scalia taught me how to think about the law.” Tara Kole has this essay online at The Washington Post.

Posted at 11:52 PM by Howard Bashman



“Army sergeant loses suit against makers of ‘The Hurt Locker'”: Maura Dolan of The Los Angeles Times has this report.

At the “THR, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Appeals Court: ‘The Hurt Locker’ Is Protected By the First Amendment.”

And The Associated Press reports that “Court upholds dismissal of veteran’s suit over ‘Hurt Locker.’

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

Posted at 11:40 PM by Howard Bashman



“Scalia’s Classic ‘Textualism’ Will Be His Legacy”: Law professor Noah Feldman has this essay online at Bloomberg View.

Posted at 11:35 PM by Howard Bashman



“Americans Divided on Whether Senate Should Consider Obama Supreme Court Nominee; Americans are split 43% to 42% over whether Senate should consider president’s choice to fill court vacancy”: Brent Kendall of The Wall Street Journal has this report (subscription required for full access).

Posted at 5:27 PM by Howard Bashman



“The Fate of Scalia’s Papers is Uncertain”: Tony Mauro of The National Law Journal has this report (subscription required for full access).

Posted at 4:15 PM by Howard Bashman



“White House prods Senate Republicans to act on court vacancy”: Ayesha Rascoe and Lawrence Hurley of Reuters have this report.

Posted at 4:12 PM by Howard Bashman



“Protracted Eight-Member Supreme Court Could Stymie Rulings on Host of Issues; Upcoming cases have long divided remaining justices 4-4 into conservative, liberal blocs”: Jess Bravin and Brent Kendall of The Wall Street Journal have this report.

Posted at 3:24 PM by Howard Bashman



“Greens wary of Sri Srinivasan’s fossil fuel past; His work as an attorney representing Enron’s former CEO and ExxonMobil raises hackles among some eco-activists”: Elana Schor of Politico.com has this report.

Posted at 3:14 PM by Howard Bashman



“Scalia restored right to bear arms; Supreme Court Justice’s ‘new originalism’ refinement led to landmark ‘Heller’ decision”: Law professor Randy E. Barnett has this essay online at USA Today.

Posted at 3:09 PM by Howard Bashman



“Without Justice Scalia, Oral Arguments Will Lose a Bit of Their Bite; Lawyers before the Supreme Court loved, and loathed, their time before the conservative jurist”: Brent Kendall and Jess Bravin of The Wall Street Journal have this report.

Posted at 2:37 PM by Howard Bashman



“Has the President Gone Too Far on Immigration?” The National Constitution Center has posted on YouTube at this link the video of a debate that that the Center hosted yesterday evening in Philadelphia. Josh Blackman and a contributor to “The Volokh Conspiracy” blog were among the participants in the debate.

Posted at 1:40 PM by Howard Bashman



“Before Supreme Court nod, an intrusive interrogation”: Josh Lederman of The Associated Press has an article that begins, “Did you ever buy porn, sniff glue, have sex in junior high? Exactly how many times?”

Posted at 1:36 PM by Howard Bashman



“Appeals court hears oral arguments on New Jersey’s sports betting law”: John Brennan of The Record of Hackensack, New Jersey has a news update that begins, “More than an hour of oral arguments about the constitutionality of New Jersey’s sports betting law that were heard in a U.S. Third Circuit Court of Appeals courtroom on Wednesday underscored why the case has lurched through the courts for four years — and why it may be four months or more before a dozen judges are able to reach a decision.”

Update: In other coverage, Courthouse News Service reports that “Third Circ. Hears Sports-Betting Arguments.”

Posted at 1:32 PM by Howard Bashman



“In Supreme Court Primary Race, a Question of Judgment”: Online at The Texas Tribune, Ross Ramsey has an essay that begins, “Something unusual turned up in the arguments over which Green — Paul or Rick — should be the Republican Party’s nominee for a seat on the Texas Supreme Court.”

Posted at 1:25 PM by Howard Bashman



“Republicans, Beware the Abe Fortas Precedent: In 1968, a hostile Congress blocked LBJ’s nominee to the Supreme Court; Conservatives lived to regret it.” Josh Zeitz has this essay online at Politico Magazine.

Posted at 1:18 PM by Howard Bashman



“Scalia Was Almost Never The Most Conservative Justice On The Supreme Court”: Andrew D. Martin and Kevin M. Quinn have this post at FiveThirtyEight.

Posted at 1:14 PM by Howard Bashman



“The Second Amendment Without Scalia: What will happen to gun rights if a Democrat picks his replacement?” Jacob Sullum has this essay at Reason.com.

Posted at 1:12 PM by Howard Bashman



“Rebecca Bradley, JoAnne Kloppenburg advance in high court race”: Patrick Marley and Lee Bergquist of The Milwaukee Journal Sentinel have an article that begins, “State Supreme Court Justice Rebecca Bradley and Appeals Judge JoAnne Kloppenburg advanced in Tuesday’s primary and will square off in the April 5 election for a 10-year term on the high court.”

Posted at 1:09 PM by Howard Bashman



“Scalia’s death and lack of an autopsy bring out the conspiracy theorists”: Matt Pearce of The Los Angeles Times has this report.

Posted at 1:05 PM by Howard Bashman