How Appealing



Monday, June 5, 2017

Programming note: On Tuesday morning, I will be presenting oral argument in an appeal on behalf of the plaintiffs-appellants to a three-judge panel of the Superior Court of Pennsylvania. Additional posts will appear here Tuesday afternoon.

As always while I am away from the office, appellate-related retweets are more likely to appear on this blog’s Twitter feed.

Posted at 11:35 PM by Howard Bashman



“Trump’s Tweets May Have Sunk His Travel Ban: The president fires off some ill-advised tweets confirming the legal arguments opposed to his policy.” Law professor Garrett Epps has this essay online at The Atlantic.

Online at Bloomberg View, law professor Noah Feldman has an essay titled “Trump Tanks His Own Case at the Supreme Court: How to create a headache for your lawyers in four tweets.”

And online at Slate, Dahlia Lithwick has a jurisprudence essay titled “With Every Tweet, Trump Turns His DOJ Into More of a Mockery: How the president is losing his travel ban case every time he tweets about his travel ban.”

Posted at 3:32 PM by Howard Bashman



“Nominating Judge Humetewa to the Ninth Circuit”: Carl Tobias has this post at the blog of the Los Angeles Review of Books.

Posted at 11:15 AM by Howard Bashman



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

1. Justice Elena Kagan delivered the opinion for a unanimous Court in Advocate Health Care Network v. Stapleton, No. 16-74. Justice Sonia Sotomayor issued a concurring opinion. You can access the oral argument via this link.

2. Justice Sotomayor delivered the opinion for a unanimous Court in Honeycutt v. United States, No. 16-142. You can access the oral argument via this link.

3. Justice Sotomayor delivered the opinion of the Court (with Justice Neil M. Gorsuch participating) in Kokesh v. SEC, No. 16-529. You can access the oral argument via this link.

4. And Justice Samuel A. Alito, Jr. delivered the opinion for a unanimous Court (with Justice Gorsuch participating) in Town of Chester v. Laroe Estates, Inc., No. 16-605. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that “Justices side with religious hospitals in pension dispute“; “High court limits seizure of assets from drug conspiracies“; and “Justices limit recovery in securities fraud cases.”

Posted at 10:05 AM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in one case and summarily affirmed in one case.

In addition, in North Carolina v. Covington, No. 16-1023, on direct appeal from a federal district court’s decision, the Court issued a unanimous, per curiam decision vacating the district court’s remedial order and remanding the case for further proceedings.

In early news coverage, The Associated Press reports that “Justices will review police use of cellphone tower data” and “Justices affirm ruling striking NC legislative districts.”

Posted at 9:36 AM by Howard Bashman



“Trump Doubles Down on Original ‘Travel Ban'”: Peter Baker of The New York Times has this report.

Paige Winfield Cunningham and Brian Murphy of The Washington Post report that “In Twitter barrage, Trump ramps up push for ‘TRAVEL BAN!’ even as opposition hardens.”

Lawrence Hurley and Susan Heavey of Reuters report that “Trump urges tougher U.S. travel ban, expedited court review.”

And Julie Pace and Darlene Superville of The Associated Press report that “Trump assails Justice Dep’t court strategy on travel ban.”

Posted at 8:36 AM by Howard Bashman