How Appealing



Wednesday, December 1, 2010

“Mississippi Supreme Court Justice James Graves Jr. clears hurdle for federal bench”: The Clarion-Ledger of Jackson, Mississippi has a news update that begins, “The U.S. Senate Judiciary Committee has approved state Supreme Court Justice James Graves Jr. to become a judge on the 5th U.S. Circuit Court of Appeals.”

Posted at 10:25 PM by Howard Bashman



“President Obama Nominates Judge Bernice Bouie Donald for United States Court of Appeals for the Sixth Circuit”: The White House issued this news release today.

You can learn more about the nominee both here and here.

Posted at 6:14 PM by Howard Bashman



“The judges of a circuit not only share the same title, pay and terms of office, but they also agree to follow the same judicial oath, making them all equally susceptible to error and making it odd to think of the delegation of decisionmaking authority to panels of three as nothing more than an audition.” Sixth Circuit Judge Jeffrey S. Sutton provides an example of the exercise of judicial restraint in his opinion concurring in the denial of rehearing en banc issued today.

The original three-judge panel’s ruling on the case can be accessed here.

Posted at 5:54 PM by Howard Bashman



Amendments to the Federal Rules of Appellate Procedure take effect today: You can access the amended rules by clicking here. More background on these amendments can be accessed via this link.

According to a “How Appealing” reader who is intimately involved in the FRAP amendment process, “The FRAP change that is likely to be of most interest to your readers is the adoption of new Appellate Rule 29(c)(5), which adopts for the courts of appeals an amicus-brief authorship-and-funding disclosure requirement modeled on Supreme Court Rule 37.6.”

Posted at 10:33 AM by Howard Bashman