How Appealing



Tuesday, March 21, 2017

“Court: Student prayer allowed at Birdville school board meetings.” Ryan Osborne of The Fort Worth Star-Telegram has this report.

Julieta Chiquillo of The Dallas Morning News reports that “Birdville ISD won’t have to end student-led prayers at board meetings.”

Jonathan Stempel of Reuters has a report headlined “Texas school board can start meetings with prayer: U.S. appeals court.”

And Kevin McGill of The Associated Press has a report headlined “Court: Student prayers OK at school board meetings.”

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

Posted at 10:08 PM by Howard Bashman



“Man jailed indefinitely for refusing to decrypt hard drives loses appeal; ‘Our client has now been in custody for almost 18 months,’ defense attorney says”: David Kravets of Ars Technica has this report.

Tera Brostoff of Bloomberg BNA reports that “Child Porn Defendant Can Be Forced to Decrypt Hard Drives.”

BBC News reports that “US man loses appeal over encrypted drives.”

And at “The Volokh Conspiracy,” Orin Kerr has a post titled “Third Circuit doesn’t resolve standard for forced decryption under the Fifth Amendment.”

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

Posted at 9:00 PM by Howard Bashman



“What Recent SCOTUS Confirmations Tell Us About the Gorsuch Hearings”: Adam Feldman has this post today at his “Empirical SCOTUS” blog.

Posted at 8:10 PM by Howard Bashman



“How the First Amendment Applies to Trump’s Presidency”: Lincoln Caplan has this post online today at The New Yorker.

Posted at 4:06 PM by Howard Bashman



“Gorsuch’s Nomination Is the Fruit of a Broken Confirmation Process; The Colorado judge’s potential rise to the Supreme Court is compromised by the crudest sort of bare-knuckle partisan politics”: Law professor Garrett Epps has this essay online at The Atlantic, along with an essay titled “Gorsuch’s Selective View of ‘Religious Freedom’; Trump’s nominee to replace Justice Antonin Scalia possesses the same limited view of religious freedom supported by the conservatives currently on the Supreme Court.”

Posted at 4:02 PM by Howard Bashman



“Seven Takeaways From Gorsuch Confirmation Hearings”: Matt Flegenheimer, Adam Liptak, Carl Hulse, and Charlie Savage of The New York Times have this report.

Robert Barnes, Ed O’Keefe, and Sean Sullivan of The Washington Post have a report headlined “Supreme Court confirmation hearing: Neil Gorsuch on political pressure and judicial independence.”

Richard Wolf of USA Today reports that “Supreme Court nominee Neil Gorsuch evades tough questions at confirmation hearing.”

Alex Swoyer of The Washington Times reports that “Gorsuch promises independence from Trump, Congress.”

And Lawrence Hurley and Andrew Chung of Reuters report that “Supreme Court nominee stakes out independence from Trump.”

Posted at 12:56 PM by Howard Bashman



“U.S. Supreme Court hears arguments in dispute over St. Croix riverfront lot; Siblings say zoning restrictions wrongly interfere with its sale”: Maya Rao of The Minneapolis Star Tribune has this report.

Sam Hananel of The Associated Press reports that “Supreme Court seems divided in property rights dispute centered on Wisconsin cottage.”

And at “The Volokh Conspiracy,” Ilya Somin has a post titled “Thoughts on the oral argument in Murr v. Wisconsin.”

You can access at this link the transcript of yesterday’s U.S. Supreme Court oral argument in Murr v. Wisconsin, No. 15-214.

Posted at 10:22 AM by Howard Bashman



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

1. Justice Elena Kagan delivered the opinion of the Court in Manuel v. Joliet, No. 14-9496. Justice Clarence Thomas issued a dissenting opinion. And Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Justice Thomas joined. You can access the oral argument via this link.

2. Justice Alito delivered the opinion of the Court in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, No. 15-927. Justice Stephen G. Breyer issued a dissenting opinion. You can access the oral argument via this link.

3. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in NLRB v. SW General, Inc., 15-1251. Justice Thomas issued a concurring opinion. And Justice Sonia Sotomayor issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined. You can access the oral argument via this link.

Posted at 10:06 AM by Howard Bashman



“With the Travel Ban, Federal Courts Face a New Legal Issue: Should judges consider a president’s statements when attempting to understand the meaning of an executive order?” Law professor Garrett Epps has this essay online today at The Atlantic.

Posted at 9:48 AM by Howard Bashman



“Another Federal Court of Appeals Attacks the Second Amendment: When Andrew Scott heard loud pounding at his door, he had the ‘clearly established’ right to answer it, with a gun at his side.” David French has this essay online at National Review.

Posted at 9:44 AM by Howard Bashman



“When ‘No’ Doesn’t Mean ‘No’: Did the subject invoke his right to remain silent?” Andrew Cohen has this post online at The Marshall Project.

Posted at 9:40 AM by Howard Bashman



“Gorsuch Tries to Put Himself Above Politics in Confirmation Hearing”: Matt Flegenheimer has this article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Robert Barnes, Ed O’Keefe, and Sean Sullivan have a front page article headlined “Supreme Court nominee Neil Gorsuch’s first day of hearings featured glowing assessments from Republicans and vows of scrutiny from Democrats.”

David G. Savage of The Los Angeles Times reports that “Democrats voice deep skepticism at Gorsuch’s confirmation hearing for Supreme Court seat.”

Jess Bravin of The Wall Street Journal reports that “At Neil Gorsuch Hearing, Parties Strike Different Notes; Republicans hail judge’s credentials while Democrats lament roadblock of Obama’s nominee.”

Richard Wolf of USA Today has an article headlined “Neil Gorsuch’s confirmation hearings: 5 key things to watch for this week.”

Michael Doyle and Lindsay Wise of McClatchy Washington Bureau report that “Supreme Court nominee takes center stage amid fierce Democratic backstage action.”

Alex Swoyer of The Washington Times reports that “Gorsuch casts himself as mainstream judge, tries to create distance from Trump.”

Mark K. Matthews of The Denver Post reports that “Senators draw battle lines as confirmation hearing begins for Neil Gorsuch; Democrats in their opening statements reminded Republicans of how they blocked Merrick Garland from getting a hearing or vote.”

And on yesterday evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Confirmation Hearing Begins For Supreme Court Nominee Neil Gorsuch.” The program also contained an audio segment titled “Judge Harris Hartz Praises Neil Gorsuch As ‘A Fair-Minded Person.’

Posted at 8:30 AM by Howard Bashman