How Appealing



Tuesday, October 24, 2017

“The Rank-Order Method for Appellate Subset Selection”: Michael J. Hasday has this essay at the Notre Dame Law Review Online Supplement.

Posted at 10:52 PM by Howard Bashman



“Appeals court in Washington allows detained immigrant teen to seek abortion”: Ann E. Marimow and Maria Sacchetti of The Washington Post have this report.

Manny Fernandez of The New York Times reports that “U.S. Must Let Undocumented Teenager Get an Abortion, Appeals Court Says.”

Richard Wolf of USA Today reports that “Federal court says undocumented teen can get abortion.”

Brent Kendall of The Wall Street Journal reports that “Court Rules Trump Administration Must Allow Undocumented Teen to Seek Abortion; Appeals court voted 6-3 along ideological lines in favor of the 17-year-old.”

Jackie Wang of The Dallas Morning News reports that “Unauthorized teen immigrant in Texas can have an abortion, appeals court rules.”

Ariane de Vogue and Emanuella Grinberg of CNN.com report that “Federal court paves way for undocumented teen to have abortion.”

Renuka Rayasam and Josh Gerstein of Politico.com report that “Federal appeals court clears way for undocumented teen to get abortion; It’s not clear how soon the girl could have an abortion.”

And Zoe Tillman of BuzzFeed News reports that “A Federal Appeals Court Just Ruled That An Undocumented Teen Can Get An Abortion.”

You can access today’s 6-to-3 en banc ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 9:46 PM by Howard Bashman



“Ryan Walsh, ’12: Serving the Public by Emulating Influential Mentors.” The University of Chicago Law School has posted online a profile that begins, “As the chief deputy solicitor general of the state of Wisconsin, Ryan Walsh, ’12, has an essential role in defending the state’s legislative actions and criminal prosecutions in state and federal courts of appeal, including at the US Supreme Court.”

Posted at 9:20 PM by Howard Bashman



Judge Posner has already helped a convicted pro se litigant obtain a new trial: A unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued this per curiam opinion today. Now that Judge Posner has retired from the judiciary, he will need to find new ways to help pro se litigants in their quest for justice.

And at “Above the Law,” Joe Patrice has a post titled “Circuit Agrees With Judge Posner On Treating Pro Se Litigants Better . . . By Benchslapping Judge Posner; Famed judge earns benchslap just in time for retirement.”

Posted at 9:10 PM by Howard Bashman



Programming note: In connection with my oral argument tomorrow morning before a three-judge panel of the U.S. Court of Appeals for the Second Circuit (additional details, including the appellate briefs I filed on my client’s behalf, can be accessed here), I will be commuting to New York City this afternoon. As a result, additional posts will not appear here until tonight. In the interim, as always while I am traveling, additional appellate-related retweets are likely to appear on this blog’s Twitter feed.

Posted at 1:03 PM by Howard Bashman



There’s still time to sign-up to attend the Appellate Judges Education Institute Summit in Long Beach, Calif. from Nov. 2-5, 2017: If you are an appellate lawyer based in southern California or anywhere in the western United States, and you simply haven’t been able to decide whether to attend this year’s AJEI Summit in Long Beach, I am pleased to inform you that there is still time to sign-up to attend. Online registration can be accessed via this link (scroll down).

I attended my first AJEI Summit in Dallas in November 2014. Then in November 2015, I attended the AJEI Summit in Washington, DC. Last year, the AJEI Summit decided to do me a favor and take place just down the road from me in Philadelphia, Pa., to standing-room-only crowds of attendees. And now, to make up for it, the 2017 AJEI Summit is taking place in Long Beach, Calif., a continent away, but I am still attending and will be serving as the moderator of a session titled “Courts in the Age of ‘New Media'” with three wonderful panelists. You can access the complete program for this four-day event at this link.

I have worked as an appellate attorney in private practice for more than 25 years now, and it took me over 20 years to discover what wonderful appellate-related CLE programming the AJEI Summit delivers each and every year. Indeed, beginning in 2016 and continuing this year, I signed-on to be a part of the AJEI Summit’s Education committee, tasked with planning and delivering the best possible appellate-related CLE programming at each year’s event.

When I was attending the November 2015 AJEI Summit in Washington, DC, an attendee I had never met before came up to say hello. He told me he learned of the event via my blog, and that even though he was an in-house attorney focusing mostly on real estate law, he found the programming to be so interesting and worthwhile. Last November, I saw him again in Philadelphia. Whether he will travel cross-country for the 2017 Summit in Long Beach remains to be seen, but I certainly will be, and I hope you too can attend and will learn for yourself what a worthwhile and wonderful event the annual AJEI Summit happens to be.

Posted at 11:20 AM by Howard Bashman



“The National-Security-Law Expert Who Blocked Trump’s Travel Ban: The former federal prosecutor and deputy counsel to the Department of Homeland Security writes that the prohibition violates the Constitution.” Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 7:54 AM by Howard Bashman