How Appealing

Thursday, June 15, 2017

"Wisconsin Supreme Court Justice Michael Gableman will not seek second term": Patrick Marley of The Milwaukee Journal Sentinel has this report.

Molly Beck of The Wisconsin State Journal reports that "Michael Gableman won't seek a second term on state Supreme Court."

And Jessie Opoien of The Capital Times of Madison, Wisconsin reports that "Wisconsin Supreme Court Justice Michael Gableman will not seek re-election in 2018."
Posted at 11:15 PM by Howard Bashman

"Important Note Regarding FRAP 28(j) Filings": The U.S. Court of Appeals for the Fifth Circuit has posted this notice on its web site.
Posted at 10:54 PM by Howard Bashman

"Cuomo nominates Paul Feinman to fill high court vacancy": Matthew Hamilton of The Times Union of Albany, New York has this report.

Glenn Blain of The New York Daily News reports that "Gov. Cuomo to nominate openly gay judge to New York Court of Appeals for first time."

Yancey Roy of Newsday reports that "Cuomo nominee would be first openly gay judge on NY top court."

Corinne Ramey of The Wall Street Journal reports that "Cuomo to Nominate Paul Feinman to Court of Appeals; Justice would replace former judge whose body was found in the Hudson River."

And Jon Campbell of Gannett reports that "Gov. Andrew Cuomo to make Paul Feinman first gay man on top court."
Posted at 10:02 PM by Howard Bashman

"SCOTUS Symposium: Is it unethical to ghost-write a brief in opposition?" Ian Samuel has this provocative post at "PrawfsBlawg."
Posted at 09:02 PM by Howard Bashman

"Firing Mueller would be an insult to the Founding Fathers": Kenneth W. Starr has this essay online at The Washington Post.
Posted at 08:47 PM by Howard Bashman

"Ginsburg's Surprisingly Retro Feminism: The justice's anti-discrimination ruling this week follows her usual script but in the end burdens women." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:40 PM by Howard Bashman

"Supreme Court Justice Neil Gorsuch Will Now Hear Opening Arguments for CO Home": Lisa Johnson Mandell has this report at

Should you have an extra $1.675 million lying around, you can access the real estate listing at this link.
Posted at 08:32 PM by Howard Bashman

"Gorsuch Gets Comfortable in Scalia's Chair; So far he seems to be an energetic jurist in the textualist mold": Kenneth W. Starr has this essay online at The Wall Street Journal.
Posted at 08:15 PM by Howard Bashman

"Trump Visits Supreme Court for Neil Gorsuch's Formal Welcome": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "With the Trumps on hand, Neil Gorsuch officially joins the Supreme Court."

At the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Justice Gorsuch joins the court -- again."

And at "SCOTUSblog," Mark Walsh and Amy Howe have a post titled "A 'view' from the courtroom: The investiture of Neil Gorsuch."
Posted at 08:10 PM by Howard Bashman

"Can Cops Use Force With Impunity When They've Created an Unsafe Situation? A recent Supreme Court decision suggests they can; That's bad for the public and for police." Chiraag Bains has this jurisprudence essay online at Slate.
Posted at 03:57 PM by Howard Bashman

"Trump visits Supreme Court for Gorsuch installation": Josh Gerstein of has this report.
Posted at 03:52 PM by Howard Bashman

"Lee Boyd Malvo and the case against juvenile life sentences": The Baltimore Sun has published this editorial.
Posted at 02:40 PM by Howard Bashman

"Why there should be cameras in the Supreme Court": Law professor Eric J. Segall has this essay online at The Los Angeles Times.
Posted at 01:37 PM by Howard Bashman

"Justice Neil Gorsuch offers early clues to Supreme Court tenure": Richard Wolf of USA Today has this report.
Posted at 01:33 PM by Howard Bashman

"Winning on Appeal": This morning, I submitted a blurb to be published on the inside cover of the forthcoming third edition of "Winning on Appeal: Better Briefs and Oral Argument," published by the National Institute for Trial Advocacy.

The late Third Circuit Judge Ruggero J. Aldisert -- one of the titans of that court -- was responsible for the first two editions of this wonderful practice guide. Law professor Tessa L. Dysart and Fifth Circuit Judge Leslie H. Southwick have assumed responsibility for the new edition. Judge Aldisert was so kind as to include some of my advice in the book's second edition, and my now-updated advice will continue to be featured -- along with the advice of many other appellate judges and appellate lawyers -- in the forthcoming third edition.

In a happy coincidence, while I'm on the subject of the title of this post, this morning I received this published opinion in favor of my client -- the plaintiff-appellee -- in an appeal that I argued before a three-judge panel of the Pa. Superior Court on April 24, 2017.
Posted at 11:58 AM by Howard Bashman

"Chamber files new suit, leaving city's wage equity law on hold": Tricia L. Nadolny of The Philadelphia Inquirer has this report.

And Daniel Wiessner of Reuters reports that "Business group says Philly salary-history law would impact Comcast, others" (subscription required for full access).
Posted at 10:50 AM by Howard Bashman

"The Limits of Reading Law in the Affordable Care Act Cases": Law professor Kevin C. Walsh has posted this paper on SSRN (via "Legal Theory Blog").
Posted at 10:40 AM by Howard Bashman

"Senators Grill Trump Judicial Nominees On Provocative Blog Posts": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."

At "The Vetting Room" blog, Harsh Voruganti yesterday had a post titled "Thoughts on Today's Judiciary Committee Hearing."

Ian Millhiser of ThinkProgress has a post titled "Trump picks right-wing blogger for a judgeship, his confirmation hearing was a complete train wreck; Maybe it wasn't a good idea to pick the guy who compared abortion to slavery?"

And at HuffPost, Sammie Moshenberg has a post titled "The Most Important Senate Hearing You Didn't Hear Anything About This Week; It's always a bad sign when a judicial nominee has to begin his hearing with an apology."
Posted at 10:33 AM by Howard Bashman

"In defensive move, Trump extends effective date of travel ban order": Gregory Korte and Richard Wolf of USA Today has this report.

Lawrence Hurley of Reuters reports that "Trump administration amends travel ban date to keep legal battle alive."

Greg Stohr of Bloomberg News reports that "Trump Modifies Travel Ban to Address Possible Expiration."

Vivian Salama of The Associated Press reports that "Trump pushes back on claims that travel ban soon to expire."

Josh Gerstein of has a blog post titled "Trump tweaks travel ban timing."

And in commentary, at "Just Security," Marty Lederman has a blog post titled "The President Resuscitates the Entry Ban: Where Should the Court Go From Here?"

And at the "Take Care" blog, Steve Vladeck and Leah Litman have a post titled "How the President's Clarifying Memorandum Destroys the Case for the Entry Ban."
Posted at 10:25 AM by Howard Bashman

"No 1. courthouse problem: People urinating in the elevator." The Associated Press has this report with a pun in its headline.
Posted at 10:14 AM by Howard Bashman

"Judges keep a very close eye on Trump": Joan Biskupic of has this news analysis.
Posted at 10:07 AM by Howard Bashman

"Trump is expected to visit Supreme Court this week, but not to discuss travel ban": Robert Barnes has this article in today's edition of The Washington Post.

And The Associated Press reports that "Trump visiting Supreme Court as justices weigh travel ban."
Posted at 09:57 AM by Howard Bashman

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