How Appealing



Monday, December 12, 2016

“‘He was living history’: Champion of equality Judge Myron Bright dies at 97.” Helmut Schmidt of The Forum of Fargo, North Dakota has this report.

Posted at 11:11 PM by Howard Bashman



“Can oral argument in Spokeo remand make sense of inscrutable SCOTUS ruling?” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight today has a post that begins, “On Tuesday, Andrew Pincus of Mayer Brown and William Consovoy of Consovoy McCarthy Park will appear in San Francisco before a three-judge panel of the 9th U.S. Court of Appeals to argue a familiar question: Does Spokeo’s alleged violation of the Fair Credit Reporting Act give plaintiff Thomas Robins standing to sue under Article III of the U.S. Constitution?”

I will link to the video of the oral argument once it becomes available online.

Posted at 5:50 PM by Howard Bashman



Talk about a harangue and oration: A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit today heard oral argument in the federal government’s appeal from a district court’s dismissal as vague of certain charges against a U.S. Supreme Court protester. The three-judge panel consisted of Circuit Judges Janice Rogers Brown and Sri Srinivasan and Senior Circuit Judge Stephen F. Williams.

You can access the audio of the oral argument via this link (43.3 MB mp3 audio file).

In other coverage, Zoe Tillman of BuzzFeed News reports that “Federal Prosecutors Want Broad Authority To Go After Supreme Court Protesters.”

Posted at 5:22 PM by Howard Bashman



“Once Again, Justice Breyer Presses Case Against Death Penalty”: Adam Liptak of The New York Times has this report.

Robert Barnes and Mark Berman of The Washington Post report that “Supreme Court passes on death penalty cases in Ohio and Florida.”

Richard Wolf of USA Today has an article headlined “Does the death penalty serve a purpose? Supreme Court hasn’t decided either.”

Lawrence Hurley of Reuters reports that “Liberal U.S. justice questions death penalty as court spurns cases.”

And Cristian Farias of The Huffington Post reports that “Suffering On Death Row For 40 Years May Be Cruel And Unusual, Justice Breyer Says; The 78-year-old justice won’t give up his quest for a case that might one day abolish the death penalty.”

Posted at 3:45 PM by Howard Bashman



“Comparing Candidates for the Next United States Solicitor General”: Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 2:57 PM by Howard Bashman



In the December 19, 2016 issue of The New Yorker: Jeffrey Toobin has an Annals of Law article headlined “Gawker’s Demise and the Trump-Era Threat to the First Amendment: Hulk Hogan’s smashing legal victory shows us that publishing the truth may no longer be enough.”

And Malcolm Gladwell has an A Critic at Large essay titled “Daniel Ellsberg, Edward Snowden, and the Modern Whistleblower: From their backgrounds to their motivations, the two men have some striking differences.”

Posted at 8:27 AM by Howard Bashman



“The Lethal Gaps in How the Supreme Court Handles the Death Penalty”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 8:14 AM by Howard Bashman