How Appealing



Tuesday, March 1, 2016

“Gridlock Hits The Supreme Court: With Antonin Scalia gone — and no new justice expected any time soon — the high court is in flux and the eight remaining justices are left in waiting.” Chris Geidner of BuzzFeed News has this report.

Posted at 8:45 PM by Howard Bashman



“Texas’ Big Lie: The laws it insists protect women’s health are actually anti-abortion; Will the Supreme Court see through the charade?” Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 8:26 PM by Howard Bashman



“Elena Kagan Is the Best Writer on the Supreme Court: Her dissent in Lockhart v. United States shows she’s also Antonin Scalia’s unlikely intellectual heir.” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 8:20 PM by Howard Bashman



“Scalia’s absence felt in abortion case; Backers of Texas law restricting abortion are hoping Anthony Kennedy can get them a 4-4 tie”: Josh Gerstein and Jennifer Haberkorn of Politico.com have this report.

Posted at 8:12 PM by Howard Bashman



“Five potential nominees from the federal appellate bench”: Tom Goldstein has this post today at “SCOTUSblog.”

Posted at 8:09 PM by Howard Bashman



“Christie names N.J. Supreme Court nominee for a second time”: Yesterday, Brent Johnson of NJ.com had an article that begins, “In a surprise move Monday, Gov. Chris Christie announced he will seek to fill a long-standing vacancy on the state Supreme Court by re-nominating a veteran Monmouth County judge he unsuccessfully pushed for the bench nearly four years ago.”

And today at NJ.com, Johnson has an article headlined “Sweeney slaps down Christie over N.J. Supreme Court nominee.”

Posted at 6:08 PM by Howard Bashman



“What the Supreme Court’s Infamous 1927 Eugenics Decision Tells Us About Filling Justice Scalia’s Seat”: Adam Cohen has this essay online at The National Book Review.

Posted at 6:02 PM by Howard Bashman



Upcoming speaking engagements/events: On April 1, 2016, I will be in Chicago at the Northwestern University School of Law to participate in a Media and the Court session with the inimitable Tony Mauro.

On May 24, 2016, I will be in Louisville, Kentucky serving as a panelist at the U.S. Court of Appeals for the Sixth Circuit‘s Judicial Conference.

On July 14, 2016, I will be in Irvine, California serving as a panelist at the 6th annual UCI Supreme Court Term in Review.

On September 16, 2016, I will be the keynote speaker for the Appellate Practice Institute of the Appellate Practice Section of the State Bar of New Mexico.

And from November 10-13, 2016, I will be attending the 2016 Appellate Judges Institute Summit in my hometown of Philadelphia, where I may be fortunate enough to be moderating a panel (stay tuned). I am involved with a large group of judges and other appellate lawyers in helping to plan this event, and I hope many, many readers of this blog will be able to attend what promises to be a very worthwhile event.

I am really looking forward to each and every one of these upcoming speaking engagements/events.

Posted at 5:54 PM by Howard Bashman



“How Contraception Court Challenge Hurts Religious Freedom: Conservatives have challenged the Affordable Care Act’s contraception mandate on the grounds that it tramples on their religious liberty, but a leading law professor argues that the lawsuit would undermine freedom of worship in the long run.” Sarah Posner has this essay online at The American Prospect about an amicus brief that law professor Douglas Laycock recently filed in the U.S. Supreme Court.

Posted at 5:32 PM by Howard Bashman



“Why Brooklyn judge’s All Writs Act decision is huge win for Apple”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 5:26 PM by Howard Bashman



“John Roberts Says He Should’ve ‘Paid That Bill’ After Lights Go Out At Supreme Court; It’s the second strange occurrence in the courtroom this week”: Cristian Farias of The Huffington Post has this report.

Posted at 4:33 PM by Howard Bashman



“About this Blog — ILB will go dark the end of March”: Marcia Oddi has this post today at “The Indiana Law Blog.”

Posted at 4:30 PM by Howard Bashman



“Courting Business”: In the March 7, 2016 issue of The New Yorker magazine, James Surowiecki has a “The Financial Page” essay in the Talk of the Town section that begins, “In Antonin Scalia’s thirty years on the Supreme Court, his name became a byword for social conservatism.”

Posted at 4:22 PM by Howard Bashman



“Will the U.S. Supreme Court Take Precedent Seriously on Abortion? Justices are set to hear a major case this week — and will be forced to decide whether they meant what they’ve said in the past.” Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 2:25 PM by Howard Bashman



“Justice Scalia Memorial Service: Family members, former law clerks, and Supreme Court justices spoke at a memorial service for Justice Antonin Scalia, who died February 13, 2016, at age 79.” C-SPAN is broadcasting the memorial service live at this link.

Posted at 1:22 PM by Howard Bashman



“U.S. Supreme Court looking at Castille role in murder case”: Jeremy Roebuck and Jonathan Tamari have this front page article in today’s edition of The Philadelphia Inquirer.

In today’s edition of The New York Times, Adam Liptak has an article headlined “Supreme Court Looks at Recusals in Capital Trials.” The newspaper also has an editorial titled “Should a Judge Rule on His Own Case?

Jess Bravin of The Wall Street Journal reports that “Supreme Court to Rule on Judge’s Role in Death-Penalty Case; Justices weigh whether judge who had helped prosecute the case should have recused himself.”

Mark Sherman of The Associated Press reports that “Justices hear judicial-bias claim in death-row case.”

Lawrence Hurley of Reuters reports that “U.S. justices troubled by judge’s actions in death penalty case.”

At “SCOTUSblog,” Richard M. Re has a post titled “Argument analysis: Seeking a recusal rule that the Justices can live with.”

Law professor Noah Feldman has an essay titled “Sometimes a Judge Has to Step Aside.”

And on yesterday’s broadcast of NPR’s “Morning Edition,” Nina Totenberg previewed the oral argument in an audio segment titled “When Should A Judge Recuse Himself? Supreme Court Weighs The Question.”

You can access at this link the transcript of yesterday’s U.S. Supreme Court oral argument in Williams v. Pennsylvania, No. 15-5040.

Posted at 1:18 PM by Howard Bashman



“U.S. Supreme Court Justice Clarence Thomas Asks Question for First Time in 10 Years; The last time the justice posed a question during oral arguments was Feb. 22, 2006”: Brent Kendall of The Wall Street Journal has this report.

Richard Wolf of USA Today reports that “Justice Thomas breaks 10-year silence in court.”

On yesterday’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Clarence Thomas Speaks: Supreme Court Justice Breaks 10-Year Silence.”

And online at The Atlantic, law professor Garrett Epps has an essay titled “Clarence Thomas Breaks His Silence; The Supreme Court justice asked a question for the first time in 10 years, revealing a different dynamic since the passing of Antonin Scalia earlier this month.”

Posted at 1:09 PM by Howard Bashman



“Constitution Check: Could the military disobey orders issued by a President Trump?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 10:17 AM by Howard Bashman



Access online today’s rulings in argued cases of the U.S. Supreme Court: The Court today issued two rulings in argued cases.

1. Justice Sonia Sotomayor delivered the opinion of the Court in Lockhart v. United States, No. 14-8358. Justice Elena Kagan issued a dissenting opinion, in which Justice Stephen G. Breyer joined. You can access the oral argument via this link.

2. Justice Anthony M. Kennedy delivered the opinion of the Court in Gobeille v. Liberty Mut. Ins. Co., No. 14-181. Justices Clarence Thomas and Breyer issued concurring opinion. And Justice Ruth Bader Ginsburg issued a dissenting opinion, in which Justice Sotomayor joined. You can access the oral argument audio via this link.

Posted at 10:09 AM by Howard Bashman