How Appealing



Monday, December 7, 2015

“Justices Weigh Power of Indian Tribal Courts in Civil Suits”: Adam Liptak will have this article in Tuesday’s edition of The New York Times.

Posted at 11:24 PM by Howard Bashman



“Justice Sotomayor Visits Stockton”: The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit posted this news release online today.

Video from the event can be access online at YouTube via this link.

Posted at 10:57 PM by Howard Bashman



“Apelaciones de Boston ordena nuevo juicio para Pablo Casellas Toro”: Univision.com has this report.

And Primera Hora has a report headlined “Revocan condena federal de Pablo Casellas; Podria enfrentar un nuevo juicio a nivel federal por los cargos de mentir a agentes federales sobre un supuesto carjacking.”

You can access today’s ruling of the U.S. Court of Appeals for the First Circuit — in which all three judges on the panel were sitting by designation from other circuits — at this link.

Posted at 10:46 PM by Howard Bashman



“Have the Justices Gone Gun-Shy? Five years after its landmark gun-rights decisions, the U.S. Supreme Court is avoiding any cases about the Second Amendment.” Matt Ford has this report online at The Atlantic.

Posted at 10:30 PM by Howard Bashman



“Lawton Nuss, Kansas Supreme Court chief justice, to recuse himself in judicial selection case; Attorney General Derek Schmidt had wanted all justices to step aside”: Jonathan Shorman of The Topeka Capital-Journal has this news update.

Edward M. Eveld of The Kansas City Star has a news update headlined “Kansas Supreme Court says justices aren’t required to recuse themselves from case involving the Supreme Court; Legislation at issue took away the Supreme Court’s authority to appoint chief district judges; Chief Justice Nuss is only one of seven justices to recuse.”

And Bryan Lowry of The Wichita Eagle has a news update headlined “Chief Justice Lawton Nuss recuses self from Kansas judicial power case.”

Posted at 9:42 PM by Howard Bashman



“Former Supreme Court judge Marshall Rothstein says court not anti-business”: Jeff Gray of The Toronto Globe and Mail has this report.

Posted at 9:33 PM by Howard Bashman



“Supreme Court to consider Texas case: ‘One person, one vote’; Evenwel v. Abbott challenges the way district lines are drawn; Plaintiffs want districts determined by number of voters, not population; Impact would be on districts with large number of Latinos.” Maria Recio of McClatchyDC has this report.

Posted at 9:30 PM by Howard Bashman



“UT System regent decries opaque admissions as case heads to high court”: Mary Ann Roser of The Austin American-Statesman has a news update that begins, “Two days before the U.S. Supreme Court takes up a case on the use of race in decisions to admit students to the University of Texas, a maverick UT System regent called admissions at UT and most other schools opaque, unaccountable and potentially corrupt.”

Posted at 9:12 PM by Howard Bashman



“‘I intend to tear down this network,’ AG Kathleen Kane says of ‘Porngate’ exchange”: Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania has a news update that begins, “Attorney General Kathleen Kane vowed Monday to dismantle the network of state officials that shared pornographic and offensive emails.”

Posted at 8:52 PM by Howard Bashman



“In California tax dispute, Supreme Court ponders when one state can be sued in another’s courts”: David G. Savage of The Los Angeles Times has this report.

Posted at 8:47 PM by Howard Bashman



“The man behind two blockbuster Supreme Court cases this week: Edward Blum of Austin, Texas, will see his fifth and sixth litigation projects reach the US Supreme Court Tuesday and Wednesday — an impressive tally for any appellate attorney; Blum isn’t even a lawyer.” Warren Richey of The Christian Science Monitor has this report.

Posted at 8:44 PM by Howard Bashman



“One city’s glimpse of how Supreme Court could reshape US elections: The Supreme Court takes up a major Texas redistricting case Tuesday; But it’s Yakima, Wash., that shows the stakes most starkly.” Warren Richey of The Christian Science Monitor has this report.

Posted at 8:36 PM by Howard Bashman



“Colorado Supreme Court to hear case of man stopped 8 times for DUI; Colorado Supreme Court considers case of Isidore Griego, who was stopped eight times for suspected drunk driving”: Jordan Steffen of The Denver Post has this news update.

Posted at 8:32 PM by Howard Bashman



“Three appointed to Oregon Supreme Court, Court of Appeals by Gov. Kate Brown”: Aimee Green of The Oregonian has a news update that begins, “Governor Kate Brown on Monday announced three appointments to the Oregon Supreme Court and Oregon Court of Appeals — including the first Asian Pacific American to sit on the high court.”

Posted at 8:30 PM by Howard Bashman



“This Guy Waited 390 Days For His Turn At A Job; The Senate Just Skipped Him; Luis Felipe Restrepo would fill a circuit court seat that desperately needs a judge”: Jennifer Bendery of The Huffington Post has this report today.

Posted at 7:55 PM by Howard Bashman



“Do employers deserve fees when EEOC missteps? Justices will decide.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 5:39 PM by Howard Bashman



“Top Massachusetts court weighs whether homeless break law by fleeing cold”: Reuters has this report.

Earlier, Bob McGovern — legal columnist for The Boston Herald — had an essay titled “Case over homeless may set precedent.”

You can access the briefs filed in the case in the Supreme Judicial Court of Massachusetts via the docket entries at this link. And video of today’s oral argument should be available online soon via this video archive link.

Posted at 4:35 PM by Howard Bashman



“The Alma and Joseph Gildenhorn Book Series feat. Justice Stephen Breyer”: The Aspen Institute has posted this video online at YouTube.

Posted at 4:20 PM by Howard Bashman



“Toomey urges judge’s confirmation as critics take aim”: Jonathan Tamari has this post today at the “CapitolInq” blog of Philly.com.

Posted at 4:08 PM by Howard Bashman



Not a day for novices at the U.S. Supreme Court: The first case argued (oral argument transcript here) featured Thomas C. Goldstein against Neal K. Katyal and Edwin S. Kneedler for the United States as amicus.

And the second case (oral argument transcript here) featured Paul D. Clement arguing against H. Bartow Farr.

Readers with spare time are encouraged to scour these transcripts and opine on who had the best day, who had the worst day, and why, keeping in mind that an advocate who seems to enjoy the tailwinds of the Court’s apparent support at his back often has an easier time of things at the lectern.

Posted at 4:00 PM by Howard Bashman



“Supreme Court Won’t Hear Challenge to Assault Weapons Ban in Chicago Suburb”: Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined “Supreme Court won’t review laws banning assault weapons.”

David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court lets local ban on assault weapons stand.”

Richard Wolf of USA Today reports that “Supreme Court won’t hear challenge to city’s assault weapons ban.”

And Jess Bravin of The Wall Street Journal reports that “Supreme Court Lets Stand Local Law Banning Semiautomatic Guns; Court declines to take up appeal on Highland Park, Ill., ban.”

Posted at 1:14 PM by Howard Bashman



“Dollar General Tries to Shake Up Tribal Law”: Law professor Noah Feldman has this essay online at Bloomberg View.

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Dollar General Corp. v. Mississippi Band of Choctaw Indians, No. 13-1496.

Posted at 1:07 PM by Howard Bashman