How Appealing

Sunday, July 31, 2016

"Documents reveal early Markel investigation": Karl Etters has this front page article in today's edition of The Tallahassee Democrat.
Posted at 07:58 PM by Howard Bashman


"'Racially Discriminatory Intent' And Voter ID Laws": This evening's broadcast of NPR's "All Things Considered" contained this audio segment featuring law professor Rick Hasen, author of the "Election Law Blog."
Posted at 07:54 PM by Howard Bashman


"Parsing the Second Amendment": This segment appeared on today's broadcast of the CBS News program "Sunday Morning."
Posted at 07:48 PM by Howard Bashman


"Cert Filing Leaders": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 07:44 PM by Howard Bashman


"States' flag-burning laws unconstitutional, but persist": The Associated Press has this report.
Posted at 10:56 AM by Howard Bashman


"Claiming 'conspiracy,' CBS lawyers ask Supreme Court to delay Alycia Lane lawsuit over email snooping": Joseph A. Slobodzian of The Philadelphia Inquirer has an article that begins, "After eight years of legal maneuvering and appeals, former CBS3 anchor Alycia Lane's negligence lawsuit against CBS for failing to stop former coanchor Larry Mendte from hacking her email and feeding salacious details and photos to gossip columnists was finally set for trial."
Posted at 10:54 AM by Howard Bashman


"Supreme Court may be converting on religion": Richard Wolf of USA Today has an article that begins, "The Supreme Court's defense of religious freedom may be on the decline."
Posted at 10:46 AM by Howard Bashman


Saturday, July 30, 2016

"Gov. Brownback can withhold judicial appointment, Kansas Supreme Court rules; High court says 90-day limit was directory, not mandatory": Justin Wingerter has this front page article in today's edition of The Topeka Capital-Journal.

You can access yesterday's ruling of the Supreme Court of Kansas at this link.
Posted at 08:55 PM by Howard Bashman



"Voting Trump because of the Supreme Court isn't enough": Travis Hale has this essay online at The Hill.
Posted at 08:52 PM by Howard Bashman


"Supreme Court: Circumstantial Evidence Enough For Child Porn Cases." The Canadian Press has this report.

You can access yesterday's ruling of the Supreme Court of Canada at this link.
Posted at 08:47 PM by Howard Bashman



"D.C. Circuit Review -- Reviewed: The Frank Easterbrook Edition Redux." Aaron Nielson has this post today at the "Notice & Comment" blog of the Yale Journal of Regulation.
Posted at 08:44 PM by Howard Bashman


Friday, July 29, 2016

"Court strikes two blows for transparency in immigration judges case": Josh Gerstein of Politico.com has this blog post about a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 05:40 PM by Howard Bashman


"Sweeping North Carolina limits on voting nullified": Lyle Denniston has this blog post.
Posted at 04:55 PM by Howard Bashman


"Apple asks U.S. Supreme Court to rule against Samsung over patents": Dan Levine of Reuters has this report.
Posted at 03:14 PM by Howard Bashman


"PETA Tells Appeals Court That Human Authorship Isn't a Copyright Requirement; The lawsuit that made copyright lawyers go ape is back for another round": Ashley Cullins has this post today at the "THR, Esq." blog of The Hollywood Reporter.
Posted at 01:20 PM by Howard Bashman


"After Yemeni's 13 Years in Guantanamo, Freedom for the Soul Takes Longer": Charlie Savage will have this article in Saturday's edition of The New York Times.
Posted at 01:14 PM by Howard Bashman


"US Fourth Circuit overturns NC voter ID law": Anne Blythe of The News & Observer of Raleigh, North Carolina has this report.

Alan Blinder of The New York Times reports that "Federal Appeals Court Strikes Down North Carolina Voter ID Provision."

Ann E. Marimow of The Washington Post reports that "Appeals court strikes down North Carolina's voter-ID law."

Richard Wolf of USA Today reports that "North Carolina voting restrictions struck down."

The Associated Press has a report headlined "Appeals court: North Carolina voter ID law is discriminatory."

And Reuters reports that "North Carolina voter ID law struck down by U.S. appeals court."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 01:08 PM by Howard Bashman



"Court rejects Sen. Robert Menendez's attempt to get corruption case thrown out": John Bresnahan and Josh Gerstein of Politico.com have this report.

The Associated Press reports that "Appeals court refuses to toss charges against Sen. Menendez."

And Jonathan Stempel of Reuters reports that "U.S. court rejects NJ senator Menendez's bid to dismiss indictment."
Posted at 11:24 AM by Howard Bashman



Second Circuit reinstates Title IX suit brought by male student against Columbia University challenging disciplinary process that found him "responsible" for "sexual assault: non-consensual sexual intercourse" and imposed year-long suspension: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:22 AM by Howard Bashman


"'Iron Man' Composer's Lawsuit Over Ghostface Killah Sampling Revived by Appeals Court; Sony must against face copyright claims over the rapper's second album, 'Supreme Clientele,' and could be headed for the kind of trial that would go into some nuance about Marvel's history": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 11:06 AM by Howard Bashman


"Could Republicans' Supreme Court Obstructionism Cost them the Senate?" Jay Michaelson has this essay online at The Daily Beast.
Posted at 11:00 AM by Howard Bashman


"Court sides with school in prom breathalyzer dispute; Case involved 9 students who traveled on 'party bus' to Martin County high prom": News Service of Florida has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.
Posted at 10:58 AM by Howard Bashman


"Ex-Bush official, now judge, OKs torture challenge": Bob Egelko of The San Francisco Chronicle has an article that begins, "A federal appeals court in San Francisco revived a challenge to extradition Thursday by a Mexican man who said the evidence against him was obtained by torture, in a ruling written by a judge best known for approving torture of suspected terrorists during the George W. Bush administration."

You can access yesterday's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:52 AM by Howard Bashman



"[I]f a suspect refuses to take a polygraph examination, the government shouldn't be allowed to introduce the refusal as substantive evidence or to comment on the refusal to the jury": By a vote of 6-to-3 (with a senior judge also dissenting from the denial of panel rehearing only), the U.S. Court of Appeals for the Seventh Circuit yesterday failed to grant rehearing en banc in a case that could have allowed the full court to issue the sort of holding described in the title of this post.

You can access yesterday's order denying panel rehearing and rehearing en banc, and the dissent therefrom (which dissent the source of this post's title), at this link.
Posted at 10:44 AM by Howard Bashman



"Federal Appeals Court Rejects Protections For Gay People Under Existing Civil Rights Law; Sexual orientation discrimination protections for lesbian, gay, and bisexual people can only come from the Supreme Court or Congress, the federal appeals court in Chicago rules": Chris Geidner of BuzzFeed News has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.
Posted at 10:38 AM by Howard Bashman


"Texas' revised abortion booklet criticized as inaccurate": The Associated Press has this report. The revised booklet can be accessed via this link.
Posted at 10:26 AM by Howard Bashman


"Appeals court refuses to toss Menendez corruption indictment": Herb Jackson of The Record of Hackensack, New Jersey has this report.

You can view today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 10:23 AM by Howard Bashman



Thursday, July 28, 2016

"Ohio Supreme Court throws out law barring police from sex acts with minors": Robert Higgs of The Cleveland Plain Dealer has this report.

Alan Johnson of The Columbus Dispatch has an article headlined "Supreme Court: Police can't be penalized more than public for crimes involving sex with minors."

And The Associated Press reports that "Court rejects Ohio law that bans police from sex with minors."

You can access today's 4-to-3 ruling of the Supreme Court of Ohio at this link.
Posted at 03:57 PM by Howard Bashman



"Justice Ruth Bader Ginsburg Presides Over Shylock's Appeal": Rachel Donadio has this article in today's edition of The New York Times.
Posted at 03:44 PM by Howard Bashman


Programming note: Thanks to an oral argument prep session, additional posts will appear here later this afternoon. As always while I am away from my office, new appellate-related retweets may appear on this blog's Twitter feed in the interim.
Posted at 09:37 AM by Howard Bashman


"Constitution Check: Does the First Amendment protect a wedding cake as an art form?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:34 AM by Howard Bashman


Wednesday, July 27, 2016

"Ruth Bader Ginsburg attends premiere of 'Merchant of Venice' in city's ghetto": The Jewish Telegraphic Agency has this report.
Posted at 03:38 PM by Howard Bashman


"CJ Roberts Congratulates Judge Boggs on his 30th Anniversary": Josh Blackman has this blog post today.
Posted at 03:33 PM by Howard Bashman


"A Belch in Gym Class. Then Handcuffs and a Lawsuit." Law professor Noah Feldman has this essay online today at Bloomberg VIew.
Posted at 03:30 PM by Howard Bashman


"The Three Shifts of Chief Justice John Roberts": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 03:28 PM by Howard Bashman


"Pa. high court agrees to hear challenge on ballot-question wording": Kathy Boccella of The Philadelphia Inquirer has an article that begins, "The lawsuit by two retired Supreme Court justice and a prominent Philadelphia attorney challenging the wording of this fall's referendum on the state's judicial retirement age took a major step forward Wednesday when the Supreme Court agreed to hear their case on an emergency basis."

You can view at this link today's order of the Supreme Court of Pennsylvania accepting jurisdiction over the case.
Posted at 02:54 PM by Howard Bashman



"Law Review Article Puts Respected Appeals Court Judge on Trial": Jacob Gershman has this post -- which links to one of my blog's "20 questions for the appellate judge" interviews -- at WSJ.com's "Law Blog."
Posted at 01:46 PM by Howard Bashman


"Verdict over Led Zeppelin's 'Stairway to Heaven' is appealed": Jonathan Stempel of Reuters has this report.
Posted at 01:32 PM by Howard Bashman


"Pa. Supreme Court rejects Philly D.A.'s appeal in church sex-abuse case": Joseph A. Slobodzian of The Philadelphia Inquirer has this report.
Posted at 01:04 PM by Howard Bashman


"Roy Moore says he did not order probate judges to ignore U.S. Supreme Court": Kent Faulk of The Birmingham News has this report.

And Kelsey Davis of The Montgomery Advertiser has an article headlined "Moore: Same-sex marriage order result of Justices' inaction."

You can access at this link yesterday's filing of the Chief Justice of Alabama in that state's Court of the Judiciary.
Posted at 11:42 AM by Howard Bashman



Welcome new "How Appealing" readers: Although nearly 99 percent of "How Appealing" readers who I meet on my various blog-related travels tell me that they have been reading this blog since shortly after its inception in May 2002, it appears that this blog's inclusion on Law360.com's list (subscription required for full access) of the top-five must-read law blogs has produced some new visitors in recent days.

Indeed, one sure sign of that arrived yesterday when an administrative assistant at a Baltimore law firm sent me the email addresses of three lawyers at the law firm who wished to be added to this blog's mailing list. Many blogs have mailing lists, but "How Appealing" is not one of them.

Here's a guide for new (or not so new) visitors to this blog. In lieu of a mailing list, you can follow this blog on Twitter via this link. Thanks to all of this blog's new Law360.com-based visitors in recent days who have already figured that out on their own.

This blog does not permit readers to append comments to posts, nor have comments ever been enabled at any point over this blog's long history. If you have a comment, question, correction, suggestion, link, resource, or other communication that you would like to send to the author of this blog -- meaning me -- you can reach me directly 24/7 at this blog's email address.

Lastly, you can access every single post that has ever appeared at "How Appealing" via this blog's archives at this link.
Posted at 11:28 AM by Howard Bashman



"Supreme Court Repeaters": Jason Iuliano and Ya Sheng Lin have posted this paper on SSRN.
Posted at 11:04 AM by Howard Bashman


"Va. transgender student's lawyers tell high court it need not take on bathroom case": Robert Barnes and Moriah Balingit have this article in today's edition of The Washington Post.

And David Ingram of Reuters reports that "Transgender student asks U.S. high court to keep out of bathroom case."

You can access yesterday's U.S. Supreme Court filing at this link.
Posted at 11:02 AM by Howard Bashman



"Professor Richard Schneider, law students join Justice Ruth Bader Ginsburg on July 27 in special 'Merchant of Venice' experience in Italy": Wake Forest University School of Law has posted online this news release.
Posted at 10:54 AM by Howard Bashman


"2016 Annual Supreme Court Round Up": The Federalist Society has posted this video featuring Miguel A. Estrada online at YouTube.
Posted at 10:50 AM by Howard Bashman


"Constitution Check: Will the Citizens United decision be overturned?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:45 AM by Howard Bashman


Tuesday, July 26, 2016

"GOP: Challenge to ballot question on judges' retirement age 'flawed.'" Kathy Boccella of The Philadelphia Inquirer has this report.

And this past Sunday's edition of The Philadelphia Inquirer contained an editorial titled "The misleading Pa. ballot question that shouldn't be asked" that begins, "The underhanded lengths taken to extend the tenure of Pennsylvania judges nearing mandatory retirement are yet another example of why distrust in government looms large in American politics today."
Posted at 11:42 PM by Howard Bashman



"FIU loses appeal in trademark lawsuit against Florida National University": The Miami Herald has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 11:20 PM by Howard Bashman


"State outlines evidence, witnesses in Markel case": Sean Rossman has this front page article in today's edition of The Tallahassee Democrat.
Posted at 10:52 PM by Howard Bashman


"New York State Makes It Legal to Cry in Your Funeral Pie": Sarah Maslin Nir will have this article in Wednesday's edition of The New York Times.
Posted at 10:42 PM by Howard Bashman


"'Rosetta Stone' Needed to Decode California's Supreme Court": Online today at Bloomberg View, law professor Noah Feldman has an essay that begins, "It isn't often that Stephen Reinhardt, arguably the most liberal member of the federal bench, agrees with Jay Bybee, the judge who was head of former President George W. Bush's Office of Legal Counsel when the torture memos were produced."
Posted at 10:38 PM by Howard Bashman


"The Ghosts of Shelby County: Despite some recent wins, voting rights are still under siege." Dahlia Lithwick has this jurisprudence essay online today at Slate.
Posted at 10:35 PM by Howard Bashman


"How to Libel a Porn Star": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 10:32 PM by Howard Bashman


"What Law Firms Can Learn From SCOTUSblog": Andrew Longstreth has this article online at Bloomberg Law.
Posted at 10:14 PM by Howard Bashman


Programming note: Additional posts will appear here tonight.
Posted at 10:40 AM by Howard Bashman


"Chevron Deference and the Proposed 'Separation of Powers Restoration Act of 2016': A Sign of the Times." Law professor Vikram David Amar has this essay today at Justia.com's "Verdict."
Posted at 09:40 AM by Howard Bashman


"Scott Walker Just Put An Insane Person On His State's Supreme Court": Ian Millhiser has this post online at ThinkProgress.
Posted at 09:36 AM by Howard Bashman


"Court says Obamacare birth control option may violate Catholics' rights, even if they don't use it": Columnist Michael Hiltzik has this essay online at The Los Angeles Times.
Posted at 09:33 AM by Howard Bashman


"Federal judge from Palmer Township has died": Rudy Miller of The Express-Times of Easton, Pennsylvania has this report.
Posted at 09:26 AM by Howard Bashman


"Government's Privacy Rights Don't Exceed the Public's": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:23 AM by Howard Bashman


"Alameda County defends restrictions on gun-shop locations": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 09:22 AM by Howard Bashman


Monday, July 25, 2016

"If a seventh grader starts trading fake burps for laughs in gym class, what's a teacher to do?" So beings a dissenting opinion that Tenth Circuit Judge Neil M. Gorsuch issued today.
Posted at 11:07 PM by Howard Bashman


"State intends to fight new trial ruling for Adnan Syed of 'Serial'": Justin Fenton of The Baltimore Sun has this report.
Posted at 05:56 PM by Howard Bashman


"Ancient Treasures Shouldn't Be Compensation for Terror Victims": Law professor Noah Feldman has an essay online today at Bloomberg View that begins, "A federal appeals court has ruled that terrorism victims can't seize priceless Iranian artifacts held by the University of Chicago in fulfillment of a judgment against the Islamic Republic of Iran."
Posted at 05:46 PM by Howard Bashman


"Two judges, best friends, bonded by gift of life": Bill Glauber of The Milwaukee Journal Sentinel has this heartwarming report.
Posted at 05:32 PM by Howard Bashman


"'Activist judge' compares surrogacy to human trafficking": Daniel Bice has this front page article in today's edition of The Milwaukee Journal Sentinel.
Posted at 05:30 PM by Howard Bashman


"George Ryan lawyer blasts Easterbrook": Patricia Manson of the Chicago Daily Law Bulletin has this report today.

Law professor emeritus Albert W. Alschuler's article, described as a "Memoir," appears in the current issue of the Valparaiso University Law Review under the title "How Frank Easterbrook Kept George Ryan in Prison."
Posted at 05:22 PM by Howard Bashman



"The Top 5 Law Blogs All Lawyers Should Be Reading": Bryan Koenig of Law360.com has an article (subscription required for full access) today that begins, "Attorneys everywhere are reading blogs for meaningful discussion on major events in their profession, and while exact interests vary by practice area, a number of blogs top the list of favorites for those looking to follow major happenings in the legal community."

I am honored to see that "How Appealing" appears in second place on this list of the top-five must-read law blogs.
Posted at 05:04 PM by Howard Bashman



In the August 2016 issue of ABA Journal magazine: Mark Walsh has an article headlined "Juror strikes in capital murder case were based on race, SCOTUS rules."

And Victor Li has an article headlined "50-year story of the Miranda warning has the twists of a cop show."

Thanks to the excess of link-worthy material that accompanied the end of the U.S. Supreme Court's most recent Term, I previously neglected to link to the contents of the July 2016 issue of the ABA Journal magazine.
Posted at 04:16 PM by Howard Bashman



"Longtime federal judge Franklin Van Antwerpen has died": Dan Sheehan of The Morning Call of Allentown, Pennsylvania has an article that begins, "Franklin Van Antwerpen of Palmer Township, a senior judge with the U.S. 3rd Circuit Court of Appeals, died Monday."
Posted at 04:10 PM by Howard Bashman


"Daily Mail Must Face Defamation Suit After Using Photo of Porn Star in HIV Story; The 9th Circuit Court of Appeals concludes that reasonable readers could have assumed that Danni Ashe had tested positive": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 03:18 PM by Howard Bashman


"[S]tate supreme courts have become, at least for the time being, the last safeguard of the United States Constitution in the vast majority of criminal cases": So writes Circuit Judge Stephen Reinhardt, concurring in a decision that the en banc U.S. Court of Appeals for the Ninth Circuit issued today in a post-AEDPA case.

A separate concurring opinion that Circuit Judge Jay S. Bybee issued in the same case is also worth a look.
Posted at 03:12 PM by Howard Bashman



"Slate's Dahlia Lithwick on What's Wrong (and Right) With the Media": Nick Tabor has this Daily Intelligencer interview online at New York magazine.
Posted at 02:26 PM by Howard Bashman


"There ought to be a law, but there isn't: Upskirting not a crime in Ga." Bill Rankin of The Atlanta Journal-Constitution has this report.

And The Associated Press reports that "Georgia appeals court says 'upskirting' not against the law."

You can access this month's 6-to-3 en banc ruling of the Court of Appeals of Georgia at this link.
Posted at 02:24 PM by Howard Bashman



"Justices Show How Disclosing Revisions Offers (Confers?) Benefits": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:30 AM by Howard Bashman


"The Supreme Court Smacked Down this Draconian Anti-Abortion Law, but Texas Has Other Plans; The war on women is far from over": Becca Andrews has this article online at Mother Jones.
Posted at 08:10 AM by Howard Bashman


"Property rights disputes might dominate docket": Robin Bravender of Greenwire has this report.
Posted at 08:02 AM by Howard Bashman


"Why Obama Has Failed to Close Guantanamo: Congress is blamed for preventing the President from fulfilling his pledge; But that's not the whole story." Connie Bruck has this article in the August 1, 2016 issue of The New Yorker.
Posted at 07:58 AM by Howard Bashman


Sunday, July 24, 2016

"Bringing in the Big Guns": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 10:58 PM by Howard Bashman


"For Prosser, long career overshadowed by one heated moment": The Associated Press has a report that begins, "David Prosser filled a lot of roles: prosecutor, legislator, state Supreme Court justice. But he's likely to be best remembered for getting into a physical altercation with another justice that brought national ridicule to Wisconsin's highest court."
Posted at 09:20 PM by Howard Bashman


"Seymour Abrahamson, husband of Supreme Court justice, studied radiation": The Milwaukee Journal Sentinel has published this obituary.
Posted at 09:18 PM by Howard Bashman


If you're an appellate lawyer, here's a good reason to visit Philadelphia in November when it's not 100 degrees outside: The Democratic National Convention gets underway in Philadelphia tomorrow afternoon, when the high temperature is projected to be 98 degrees.

In connection with this week's festivities, today's broadcast of the CBS News program "Sunday Morning" contained a segment titled "Philadelphians say: Love it or leave it."

I am a native of the Philadelphia area who frequently travels for speaking engagements and for work, and I regularly talk with people elsewhere who tell me they last visited Philadelphia many years ago. Since then, Philadelphia has become an even more amazing tourist destination, not only because of its historical offerings but also for its incredible restaurants, museums, educational offerings, varied neighborhoods, and cultural events.

This November, the Appellate Judges Education Institute will be hosting its annual summit in Philadelphia. The program for the 2016 AJEI Summit can be accessed here.

Headlining the program will be a conversation with U.S. Supreme Court Justice Elena Kagan.

Other federal and state appellate judges who will be participating in the programming as speakers or panelists include: Brent Benjamin, Consuelo Callahan; Mariano-Florentino Cuellar; Steven David; Barbara Jackson; Michael Keasler; Anne Lazarus; Thomas G. Saylor; D. Brooks Smith; N. Randy Smith; Jeffrey S. Sutton; and James Wynn Jr., just to name a few.

Additionally, the panelists on the "Supreme Court Preview" and the "Handling the Big Case" panels are outstanding. And I will be the moderator of a panel titled "Unreported Opinions; Declining News Coverage of Appellate Courts," which has its own excellent group of panelists.

The AJEI 2016 Summit will take place at the centrally located Loews Hotel in Philadelphia. Jeffrey Rosen, president of the National Constitution Center, will be the speaker at the Summit's first session, and the first night's welcoming event will take place at the Constitution Center.

I am hoping that many "How Appealing" readers will be able to attend this year's AJEI Summit in Philadelphia. If you are like me, it is far easier to block off on your calendar now the dates of the Summit -- from November 10 to 13, 2016 -- before work or other obligations inevitably intrude. Another reason to register now is that on Friday afternoon, November 11, 2016, a number of optional fun events around town with limited availability are offered for sign-up on a first-come, first-served basis, including a guided tour of Philadelphia's must-see, recently relocated cultural offering, The Barnes Foundation. In the past I have always signed-up to attend the Summit too late to obtain my first choice fun event, but not this year.

You can sign-up to attend the 2016 AJEI Summit in Philadelphia now via this link. I hope to see you there!
Posted at 04:55 PM by Howard Bashman



You can follow "How Appealing" on Twitter whether or not you have a Twitter account: You can access this blog's Twitter feed via this link. If you have your own Twitter account, you can then click the "Follow" button to receive notice of new blog posts in your Twitter timeline. But if you don't have a Twitter account, you can still view this blog's Twitter feed using your web browser and still receive notice of new posts as they appear here.
Posted at 04:00 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: Resolved Redux." Aaron Nielson had this post yesterday at the "Notice & Comment" blog of the Yale Journal of Regulation.
Posted at 03:54 PM by Howard Bashman


"Supreme Court ruling denies second chance for inmates; PA Supreme Court: Inmates serving mandatory minimums can't retroactively challenge them." Riley Yates of The Morning Call of Allentown, Pennsylvania has this report.
Posted at 02:03 PM by Howard Bashman


"N.J. Supreme Court to decide if government metadata is public": Jan Hefler of The Philadelphia Inquirer has an article that begins, "The New Jersey Supreme Court has agreed to hear a case brought by an open-government activist who contends that the public should be allowed to view electronic data and metadata kept by local government agencies."
Posted at 01:50 PM by Howard Bashman


"Behind the Supreme Court's Abortion Decision, More Than a Decade of Privately Funded Research; Research funded by the Susan Thompson Buffett Foundation and others not only helped spur the nation's top court to strike down key parts of a Texas abortion law, but also has fueled a string of other changes making abortion more accessible": Nina Martin of ProPublica has this report.
Posted at 01:45 PM by Howard Bashman


"Colorado baker wants U.S. Supreme Court to hear gay wedding cake case; The Colorado Supreme Court decided last month not to hear the case": Yesenia Robles of The Denver Post has this report.

In addition, the newspaper has published an essay by Jack Phillips, the owner of Masterpiece Cakeshop in Lakewood, Colorado, titled "Why I'm asking the U.S. Supreme Court to protect artistic freedom."
Posted at 01:40 PM by Howard Bashman



"Presidential Election Will Shape Supreme Court, and National Policies, for Years to Come; Evenly split bench is likely to shift with appointment of Scalia successor and two or more justices retiring": Jess Bravin of The Wall Street Journal has this report. You can freely access the full text of the article via Google.
Posted at 01:34 PM by Howard Bashman


Saturday, July 23, 2016

"Anthony Kennedy's 80th Birthday and Trump's Legacy": Steve Klepper has this post today at the "Maryland Appellate Blog."
Posted at 02:03 PM by Howard Bashman


"Indiana Court of Appeals tosses Granger woman's feticide conviction": Margaret Fosmoe of The South Bend Tribune has this report.

Brian Eason of The Indianapolis Star reports that "Indiana court overturns Purvi Patel feticide conviction."

The Associated Press reports that "Indiana court tosses woman's feticide conviction."

The Indiana Lawyer reports that "COA tosses feticide conviction, says statute doesn't apply to self abortion."

And online at Slate, Christina Cauterucci has an essay titled "Court Vacates Purvi Patel's Feticide Conviction, Landing a Blow Against 'Personhood' Laws."

You can access yesterday's ruling of the Court of Appeals of Indiana at this link.
Posted at 01:42 PM by Howard Bashman



"Alaska Supreme Court rejects parent-notification law for abortions": Nathaniel Herz of Alaska Dispatch News has an article that begins, "The Alaska Supreme Court has invalidated the state law requiring physicians to give two days notice to parents before performing abortions on girls under 18 years of age."

You can access yesterday's ruling of the Supreme Court of Alaska at this link.
Posted at 11:20 AM by Howard Bashman



"This Is What 'Travesty of Justice' Looks Like": Online at Bloomberg View, law professor Noah Feldman has an essay that begins, "Call it Scalia's revenge."
Posted at 11:12 AM by Howard Bashman


"U.S. seeks nationwide advice on birth-control dispute": Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:09 AM by Howard Bashman


"Justices Ignored: The Supreme Court is the most important issue of the election for Republicans; So they're not talking about it." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 11:07 AM by Howard Bashman


"Va. Supreme Court strikes down McAuliffe's order on felon voting rights": Graham Moomaw of The Richmond Times-Dispatch has this report.

In today's edition of The Washington Post, Fenit Nirappil and Jenna Portnoy have a front page article headlined "Va. high court invalidates McAuliffe's order restoring felon voting rights."

Dave Boyer of The Washington Times reports that "McAuliffe begins to grant voting rights for convicted felons individually after court ruling."

The Associated Press reports that "Virginia court strikes down order giving felons voting right."

And Reuters reports that "Virginia's top court rules against move to restore felons' voting rights."

You can access yesterday's 4-to-3 ruling of the Supreme Court of Virginia at this link.
Posted at 10:55 AM by Howard Bashman



"Scott Walker picks Waukesha lawyer Daniel Kelly for seat on Supreme Court": Molly Beck of The Wisconsin State Journal has an article that begins, "Gov. Scott Walker has picked Daniel Kelly -- a conservative Waukesha lawyer who has built a lengthy career in commercial litigation -- to join the state Supreme Court."

And Patrick Marley of The Milwaukee Journal Sentinel reports that "Scott Walker names Daniel Kelly to high court." According to the article, "Kelly -- who in his application called affirmative action and slavery the same morally -- will replace retiring Justice David Prosser on Aug. 1, the start of the court's new term."
Posted at 10:46 AM by Howard Bashman



Friday, July 22, 2016

"Appeals courts split on seizing assets connected to state terror sponsors": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 08:15 PM by Howard Bashman


Ninth Circuit hands victory to Las Vegas strip club Crazy Horse III in trademark dispute: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:54 PM by Howard Bashman


"Colin O'Kroley googled himself and did not like the results." So begins an opinion that Circuit Judge Jeffrey S. Sutton issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.

As the opinion's concluding paragraph notes, even before today's ruling, the case already had its own Wikipedia entry.
Posted at 01:32 PM by Howard Bashman



"Strange question on the Vineyard: Who owns a beach that has moved?" Frank Phillips of The Boston Globe has this report.

According to the article, "The matter has occupied the state Land Court, the Appeals Court, the Supreme Judicial Court, and the Legislature. Just recently, the SJC threw up its hands over the situation, rejecting a plea from lawmakers to help sort out the ownership dispute because their questions were too murky."
Posted at 01:24 PM by Howard Bashman



"Zubik remand developments": Marty Lederman had this post yesterday at "Balkinization."
Posted at 12:09 PM by Howard Bashman


"The Clerk, The Thief, His Life as a Baker: Ashton Embry and the Supreme Court Leak Scandal." In 2002, John B. Owens published an article bearing that title in the Journal of Supreme Court History, a publication of the Supreme Court Historical Society.

Since April 2014, the article's author has been more commonly known by his current job title, Ninth Circuit Judge John B. Owens. Owens reached the federal appellate bench after compiling a notable record of academic, judicial clerkship, and work-related achievements. This year, he celebrates his 45th birthday. Already, Judge Owens has distinguished himself as an appellate judicial writer of note, including interesting observations and notable turns of phrases in his opinions.

Yesterday, I had this post linking to a report on a talk that Judge Owens recently presented at the University of Chicago Law School about the Ashton Embry matter.

I am now pleased to be able to post online, with the permission of the article's author, this PDF copy of the article that Owens published back in 2002 in the Journal of Supreme Court History on this interesting subject.
Posted at 10:25 AM by Howard Bashman



"Appeals court won't let journalist convicted in hacking case stay out of jail pending appeal": Josh Gerstein of Politico.com has this blog post.
Posted at 10:03 AM by Howard Bashman


"Appeals court asked to delay acting on McDonnell case": Frank Green has this article in today's edition of The Richmond Times-Dispatch.
Posted at 10:02 AM by Howard Bashman


"How the G.O.P. Outsourced the Judicial Nomination Process": Linda Greenhouse has this essay online at The New York Times.
Posted at 10:00 AM by Howard Bashman


Thursday, July 21, 2016

"Museums win bid to keep antiquities": The Chicago Daily Law Bulletin has an article that begins, "A federal appeals court Tuesday declined to clear the way for victims of a terrorist attack financed by Iran to use ancient Persian artifacts to help satisfy a $71.5 million judgment against that nation."

You can access Tuesday's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 10:16 PM by Howard Bashman



"Why do securities class actions drag on once SCOTUS gets involved?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 08:15 PM by Howard Bashman


"Texans may use postcard, affidavit for voter ID after court faults law": Jon Herskovitz of Reuters has this report.
Posted at 08:09 PM by Howard Bashman


"Southwest, Delta feud over Love Field headed back to court": Dallas Business Journal has an article that begins, "Southwest Airlines and Delta have received a Sept. 26 court date for oral arguments to a federal appeals panel in the carriers' feud over gate space at Dallas' Love Field."
Posted at 07:54 PM by Howard Bashman


"Rulings may make voter ID laws presidential race nonfactors": The Associated Press has this report.
Posted at 07:20 PM by Howard Bashman


"Burning the Flag Is OK, But Starting Fires Sometimes Isn't": Online today at Bloomberg View, law professor Noah Feldman has an essay that begins, "The man who established the constitutional right to burn the American flag almost 30 years ago may go to prison for doing the same thing outside the Republican National Convention in Cleveland yesterday."
Posted at 04:26 PM by Howard Bashman


"90 Second Recess with Bloomberg BNA": Josh Blackman has this post today at his blog. You can view the video of Blackman's interview with Kimberly Robinson of Bloomberg BNA via this link.
Posted at 04:22 PM by Howard Bashman


"The Clerk, The Thief, His Life As A Baker: Visiting Judge Tells Story of 1919 Supreme Court Leak." Chinwe Chukwuogo has this post online at the web site of the University of Chicago Law School.
Posted at 04:08 PM by Howard Bashman


"ACLU Taps Constitutional Expert David Cole as National Legal Director; High-Profile Litigator, Scholar, and Prominent Author Will Direct Legal Program for Premier Civil Liberties Organization": The American Civil Liberties Union issued this news release today.
Posted at 04:02 PM by Howard Bashman


"SCOTUS Usually Steers Clear of Politics . . . Sort of": Kimberly Robinson of Bloomberg BNA has this report.
Posted at 03:56 PM by Howard Bashman


"Government Playbook for Prosecutors Should Be Public": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 03:54 PM by Howard Bashman


"Texas voter photo ID law nullified": Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.

And in today's edition of The Austin American-Statesman, Julie Chang and Tim Eaton have a front page article headlined "Appeals court strikes down Texas voter ID law."
Posted at 03:48 PM by Howard Bashman



"The Voting Rights Act Might Get Some Teeth Back: Thanks to an appeals ruling, Texas' discriminatory voting laws could end up under federal oversight." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this jurisprudence essay online today at Slate.

And online today at Bloomberg View, law professor Noah Feldman has an essay titled "Political Reality Smacks Down Texas' Voter ID Law."
Posted at 03:36 PM by Howard Bashman



"Suit: Wording of Pa. referendum on judges' retirement age 'deceitful'": Angela Couloumbis of The Philadelphia Inquirer has an article that begins, "Two former Pennsylvania Supreme Court justices and one of the region's most prominent lawyers filed suit Thursday to stop an eleventh-hour change in wording to an upcoming ballot question raising the retirement age for judges, calling it an attempt to hoodwink voters and influence the outcome."

In the April 2016 installment of my monthly "Upon Further Review" column published in The Legal Intelligencer -- headlined "Delay of Vote on Judicial Retirement Age Could Make One Cynical" -- I offered a similar take on the delay and rewording of Pennsylvania's judicial retirement age increase ballot proposal.
Posted at 02:41 PM by Howard Bashman



"Judge Garland's Nomination, Day 126": Jeffrey Rosen had this op-ed in yesterday's edition of The New York Times.
Posted at 07:14 AM by Howard Bashman


Wednesday, July 20, 2016

"[A] federal judge always is disqualified from hearing a collateral attack on a judgment he or she entered or affirmed as a state judge": So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit in an opinion that Circuit Judge Frank H. Easterbrook issued today.
Posted at 11:44 PM by Howard Bashman


"Court reinstates Ohio's Freddie Mac suit over pension losses": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 11:35 PM by Howard Bashman


"Pants on fire: Man ignites himself while burning American flag outside RNC." Adam Ferrise of The Cleveland Plain Dealer has this report. According to the article, "A witness to the protest said Gregory Lee 'Joey' Johnson lit the flag on fire is now demanding that he be released from custody. Johnson is famous for a legal battle that set a U.S. Supreme Court precedent in 1989 that says burning an American flag is protected speech."

And The Associated Press reports that "Arrestee involved in original flag burning case."
Posted at 11:22 PM by Howard Bashman



"U.S. appeals court voids forfeiture of Iran-linked New York office tower": Jonathan Stempel of Reuters has this report.

And The Associated Press reports that "US court reverses record forfeiture order over Iran assets."

You can access here and here today's two rulings of the U.S. Court of Appeals for the Second Circuit in this matter.
Posted at 11:14 PM by Howard Bashman



"Appeals court says Texas voter-ID law discriminates against minorities": Robert Barnes of The Washington Post has this report.

Manny Fernandez and Erik Eckholm of The New York Times report that "Federal Court Rules Texas' ID Law Violates Voting Rights Act."

Jess Bravin of The Wall Street Journal reports that "Federal Court Orders Texas to Change Voter ID Law Before November; Ruling says law violates the Voting Rights Act."

Richard Wolf of USA Today reports that "Appeals court strikes down Texas voter ID law."

Jamie Lovegrove of The Dallas Morning News reports that "Appeals court calls Texas voter ID law discriminatory, orders changes."

Jon Herskovitz and Lawrence Hurley of Reuters report that "U.S. appeals court finds Texas voter ID law discriminatory."

The Associated Press has a report headlined "Appeals court: Texas voter ID law discriminates; orders fix."

Ariane de Vogue of CNN.com has an article headlined "Appeals court: Texas voter ID law violates Voting Rights Act."

Josh Gerstein of Politico.com has an article headlined "Appeals court: Texas voter ID law violates Voting Rights Act; Identification-check law looks likely to be watered down in November."

Jim Malewitz of The Texas Tribune reports that "Texas Voter ID Law Violates Voting Rights Act, Court Rules."

Kim Bellware of The Huffington Post reports that "Appeals Court Strikes Down Texas Voter ID Law As Violation Of Voting Rights Act; The nation's strictest voter ID law was ruled to be racially discriminatory."

This evening's broadcast of NPR's "All Things Considered" contained an audio segment titled "Appeals Court Demands Changes To Texas Voter ID Law."

And at his "Election Law Blog," Rick Hasen has a post titled "Divided 5th Circuit Holds Texas Voter ID Law Violates Voting Rights Act."

You can access today's en banc ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 08:32 PM by Howard Bashman



"Still A Conservative Court": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 07:50 PM by Howard Bashman


"Perhaps previewing coming SCOTUS work in Beckles, four Eleventh Circuit judges make case against circuit's refusal to apply Johnson to guidelines": Douglas A. Berman had this post yesterday at his "Sentencing Law and Policy" blog about several quite interesting separate opinions that a few different judges serving on the U.S. Court of Appeals for the Eleventh Circuit issued recently.

Although eight of the 11 judges now in regular active service on the Eleventh Circuit were the appointees of Democratic presidents, that federal appellate court remains far from a liberal bastion when it comes to criminal justice matters. Nevertheless, as Berman's post explains, "Circuit Judges Wilson and (Jill) Pryor and Rosenbaum and Martin [recently issued separate opinions] all explaining why they think Matchett is so wrong and so troublesome as we await a SCOTUS ruling in Beckles." Four of the five judges whom President Obama has appointed to the Eleventh Circuit are women, and they have not hesitated to speak up when they disagree about the conservative path that the Eleventh Circuit has frequently chosen to follow in criminal justice matters.
Posted at 07:45 PM by Howard Bashman



"Justice Ginsburg: Political and Efficient All Wrapped Up in One." Adam Feldman had this post Monday at his "Empirical SCOTUS" blog.
Posted at 06:00 PM by Howard Bashman


Tuesday, July 19, 2016

"Court denies white supremacist Matthew Hale appeal": The Associated Press has a report that begins, "Another appeal by a white supremacist convicted in 2004 for soliciting the murder of a federal judge in Chicago has been rejected."

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 11:02 PM by Howard Bashman



Seventh Circuit pens latest chapter of the Prenda Law saga: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.

According to the opinion, "Hansmeier, Steele, and Duffy were the members of a shifting and overlapping set of law firms and business entities that a district court dubbed a 'porno-trolling collective.'"
Posted at 10:54 PM by Howard Bashman



"Arkansas execution case could lead court to revisit Oklahoma": The Associated Press has this report.
Posted at 09:02 PM by Howard Bashman


"Obama administration wants immigration case back at Supreme Court": Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Immigration Case Deserves Another Day in the Supreme Court."
Posted at 08:55 PM by Howard Bashman



"Virginia high court considers whether McAuliffe erred in restoring felons' voting rights": Fenit Nirappil of The Washington Post has this report.

And Michael Martz of The Richmond Times-Dispatch reports that "Gov. Terry McAuliffe's refusal to release rights restoration list dismays Supreme Court."
Posted at 03:33 PM by Howard Bashman



"White House Asks Supreme Court for New Review of Immigration Policy With 9 Justices; High court deadlocked 4-4 over appeal of lower court ruling that blocked president's plan for four million illegal immigrants": Jess Bravin of The Wall Street Journal has this report.
Posted at 03:24 PM by Howard Bashman


"Voting challenges head toward the Supreme Court: 4 cases to watch." Ariane de Vogue of CNN.com has this report.
Posted at 03:18 PM by Howard Bashman


"The Real Reason Why Judges Should Keep Quiet About Elections: The restrictions remind judges to aspire to be apolitical." Law professor Richard L. Hasen and Dahlia Lithwick have this jurisprudence essay online at Slate.
Posted at 01:24 PM by Howard Bashman


"Court: Feds need not release post-Ted Stevens evidence guide." Josh Gerstein of Politico.com has a blog post that begins, "A federal appeals court has declared that the Justice Department need not make public a guide to when prosecutors should disclose evidence to defendants in criminal cases, but two of the three judges deciding the case took the unusual step of indicating that they believe the manual should be public."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 11:55 AM by Howard Bashman



"Justices, Like Any Other Judges, Should Not Be Partisans: a Response to Eric Segall." Steve Sanders had this post Sunday at "Dorf on Law."
Posted at 11:06 AM by Howard Bashman


"Letting Prosecutors Write the Law: It's more common than you think." Andrew Cohen has this article online at The Marshall Project.
Posted at 11:05 AM by Howard Bashman


"Supreme Court nominee out in cold as election heats up": Lawrence Hurley of Reuters has this report.
Posted at 11:02 AM by Howard Bashman


Monday, July 18, 2016

"Administration asks new immigration review with 9 justices": The Associated Press has this report.

And Lawrence Hurley of Reuters reports that "Obama administration asks Supreme Court to rehear immigration case."

You can view the rehearing petition at this link.
Posted at 10:32 PM by Howard Bashman



"Possible sequel for Patricia Cornwell saga": Milton J. Valencia of The Boston Globe has an article that begins, "Crime writer Patricia Cornwell, who won a $50.9 million lawsuit against her former financial services company only to see it disappear because of a legal technicality, won an appeal Monday, granting her a sequel to the first trial."

You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 10:26 PM by Howard Bashman



"November trial date set for Sigfredo Garcia": Karl Etters of The Tallahassee Democrat has this report. The article explains that "Garcia will stand trial on charges of first-degree murder in the shooting of Florida State University law professor Dan Markel."

And at "The Sisterhood" blog of The Forward, Veronika Bondarenko has a post titled "Ex-Wife of Slain Law Professor Dan Markel Speaks Out."
Posted at 10:22 PM by Howard Bashman



"ELB Podcast Episode 14. Erwin Chemerinsky: Did Justice Ginsburg Cross the Line?" Rick Hasen has this post at his "Election Law Blog."
Posted at 08:40 PM by Howard Bashman


"Kosher Prison Food Isn't Strictly for Kosher Prisoners": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 07:46 PM by Howard Bashman


"The Supreme Court and political world are more entangled than either acknowledges": Robert Barnes has this article in today's edition of The Washington Post.
Posted at 07:38 PM by Howard Bashman


"Markel murder marks two years; Details flood second anniversary of Markel slaying": Karl Etters has this front page article in today's edition of The Tallahassee Democrat.
Posted at 07:34 PM by Howard Bashman


"Merrick Garland Deserves a Vote -- For Democracy's Sake; Playing political football with a Supreme Court nomination erodes the rule of law and leaves major issues in limbo": President Barack Obama has this op-ed in today's edition of The Wall Street Journal.
Posted at 12:06 PM by Howard Bashman


Sunday, July 17, 2016

"The Judge as Umpire: Ten Principles." On March 30, 2015, D.C. Circuit Judge Brett M. Kavanaugh delivered that year's Pope John XXIII Lecture at the Catholic University of America Columbus School of Law.

The video of Judge Kavanaugh's lecture has been available online on YouTube via this link since April 2015, although fewer than 500 people have viewed it as of moments before I published this post. The text of the lecture is now receiving wider distribution (even apart from the foregoing link on "How Appealing"), as it appears in the Spring 2016 issue of The Catholic University Law Review.
Posted at 11:05 PM by Howard Bashman



"How Mike Pence Became a Conservative Hero: Unwavering Opposition to Abortion." Monica Davey and Michael Barbaro have this front page article in today's edition of The New York Times.
Posted at 08:17 PM by Howard Bashman


"Justice Ginsburg's damage to the Supreme Court": Columnist Ruth Marcus has this essay in today's edition of The Washington Post.
Posted at 07:56 PM by Howard Bashman


"On Trump, ACLU Hits Target That Ginsburg Missed": Kenneth Jost has this post today at his "Jost on Justice" blog.
Posted at 05:40 PM by Howard Bashman


"FSU law professor fought ex-wife in the courts until murderous end": Rebeca Piccardo has this front page article in today's edition of The South Florida Sun Sentinel.
Posted at 09:36 AM by Howard Bashman


Saturday, July 16, 2016

"The right to bear arms has mostly been for white people; Gun laws, historically, weren't colorblind": Law professor Adam Winkler has this essay online at The Washington Post.
Posted at 11:09 PM by Howard Bashman


"Clinton will push constitutional amendment to 'overturn Citizens United'": David Weigel of The Washington Post has this report.
Posted at 11:07 PM by Howard Bashman


"Cloud-Storage Ruling for Microsoft Helps Criminals, Not Privacy": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:00 PM by Howard Bashman


"Punished for Being Poor: The Virginia scheme that suspends the driver's license of anyone who can't pay trivial fines." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:58 PM by Howard Bashman


Friday, July 15, 2016

Programming note: My all-too-brief visit to lovely southern California will be coming to an end on Saturday morning (local time) as I begin my journey back east. This evening, I will be making my first-ever visit to Angel Stadium to see the Los Angeles Angels of Anaheim host the Chicago White Sox. [Update: Final score -- Angels 7, White Sox 0. Both the game and my visit to Angel Statium were great fun.]

Additional posts will appear here on Saturday night. As always while I am traveling, "How Appealing" readers are invited to follow this blog's Twitter feed, where appellate-related retweets are likely to appear more frequently. I am reliably advised that this blog's Twitter feed is only a few followers shy of 6,000, so you could help me reach that milestone if you act soon.
Posted at 06:54 PM by Howard Bashman



"Democracy Has Its Costs, Including Your Mug Shot": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 06:30 PM by Howard Bashman


Johnny Love Vodka scores win on appeal against Pucker Vodka: The U.S. Court of Appeals for the Ninth Circuit issued this ruling yesterday.
Posted at 01:55 PM by Howard Bashman


"Appeals court: Florida must provide prisoners kosher food." The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.
Posted at 01:48 PM by Howard Bashman


"Tom Brady says he will 'no longer proceed with the legal process' in Deflategate; Brady will serve his 4-game suspension": Henry McKenna of boston.com has this report.

And The Associated Press reports that "Brady to drop appeal, serve 4-game 'Deflategate' suspension."
Posted at 01:14 PM by Howard Bashman



"The True Story of the Last Cuban Diplomat to the U.S. . . . and why his son is suing the CIA": CJ Ciaramella had this article online at The Washington Free Beacon back in May 2014.

Yesterday, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued this ruling in favor of the son in his suit against the CIA.
Posted at 12:46 PM by Howard Bashman



"Election Cases Move Toward U.S. Supreme Court, Risking Deadlocks": Greg Stohr of Bloomberg News has this report.
Posted at 12:28 PM by Howard Bashman


Thursday, July 14, 2016

"Ruth Bader Ginsburg Expresses Regret for Criticizing Trump": Michael D. Shear of The New York Times has this report.
Posted at 07:56 PM by Howard Bashman


"Appeals court rules feds can withhold criminal mug shots": Tresa Baldas of The Detroit Free Press has this report.

Jonathan Stempel of Reuters reports that "U.S. can withhold defendants' mug shots, appeals court says."

And The Associated Press has a report headlined "Court: Feds can withhold mug shots of criminal defendants."

My earlier coverage of today's en banc Sixth Circuit ruling can be accessed here.
Posted at 07:45 PM by Howard Bashman



View live, online the UC Irvine School of Law's "6th Annual Supreme Court Term in Review" this afternoon: Via this link. I am honored to be one of the panelists, and my distinguished co-panelists -- including Dahlia Lithwick and Robert Barnes -- are not to be missed. The event begins at 3 p.m. eastern time, noon pacific time.
Posted at 01:32 PM by Howard Bashman


By vote of 9-to-7, en banc Sixth Circuit holds that FOIA does not require the release of federal indictees' booking photos: You can access today's en banc ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 12:33 PM by Howard Bashman


"Ginsburg expresses 'regret' for remarks criticizing Trump": Robert Barnes of The Washington Post has this report.

David G. Savage of The Los Angeles Times reports that "Justice Ruth Bader Ginsburg apologizes for 'ill-advised' criticism of Donald Trump."

Mark Sherman of The Associated Press reports that "Ginsburg regrets 'ill-advised' criticism of Trump."

Lawrence Hurley of Reuters reports that "Supreme Court Justice Ginsburg apologizes for Trump remarks."

Greg Stohr of Bloomberg News reports that "Ginsburg Says She Regrets 'Ill-Advised' Comments on Trump."

And Ariane de Vogue of CNN.com has a report headlined "Ruth Bader Ginsburg: 'I regret making' Donald Trump remarks."
Posted at 12:08 PM by Howard Bashman



"McConnell's historic judge blockade: The window for approving more Obama court picks is narrowing -- but it's not slammed completely shut." Seung Min Kim of Politico.com has this report today.
Posted at 11:55 AM by Howard Bashman


"Microsoft wins U.S. appeal over warrant for emails held abroad": Nate Raymond and Jonathan Stempel of Reuters have this report.

And Bob Van Voris of Bloomberg News reports that "Microsoft Wins Protection for E-Mails Stored Outside U.S."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:45 AM by Howard Bashman



Wednesday, July 13, 2016

Ninth Circuit grants en banc review in case where dissenting judge wrote that "[t]he majority opinion is needless, wrong, and raises serious constitutional concerns with the separation of powers": Today's order of the U.S. Court of Appeals for the Ninth Circuit granting en banc review can be accessed here.

My earlier coverage of the original divided three-judge panel's opinion appears at this link.
Posted at 11:54 PM by Howard Bashman



"Former Oregon governor's personal emails ordered withheld from investigators": Reuters has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:48 PM by Howard Bashman


"GM not protected from ignition switch claims: U.S. appeals court." Reuters has this report.

And The Associated Press reports that "Court ruling opens GM to billions in death, injury claims."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:33 PM by Howard Bashman



"Inferences From Amicus Briefs and How Justice Kennedy Continues to Rule Supreme": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 11:23 PM by Howard Bashman


"School board appeals to U.S. Supreme Court to halt order allowing transgender student to use boys' bathroom": Moriah Balingit of The Washington Post has this report.

And The Associated Press reports that "School board takes transgender bathroom case to high court."
Posted at 11:22 PM by Howard Bashman



"Courts Blur Line Between Violent Speech and Crime": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:16 PM by Howard Bashman


"Donald Trump Calls On Supreme Court Justice Ruth Bader Ginsburg To Resign": Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered."
Posted at 11:14 PM by Howard Bashman


"Lying to Get You Drunk Isn't the Same as Fraud": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 06:54 PM by Howard Bashman


"The public feud of Ginsburg vs. Trump casts harsh spotlight on court's liberal lion": David G. Savage of The Los Angeles Times has this report.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Justice Ginsburg doesn't let up on Trump, who fires back."

In today's edition of The New York Times, Michael D. Shear and Maggie Haberman have an article headlined "Donald Trump Calls Ruth Bader Ginsburg's Remarks a 'Disgrace to the Court.'"

Brent Kendall and Jacob Gershman of The Wall Street Journal have an article headlined "Ginsburg's Trump Comments Draw Criticism; The Supreme Court justice, in unusual remarks, suggests Trump would be bad for the court, the nation." You can freely access the full text of the article via Google.

Eliza Collins of USA Today reports that "Justice Ruth Bader Ginsburg faces criticism over Trump attacks."

Lawrence Hurley and John Whitesides of Reuters report that "Trump calls on U.S. Supreme Court Justice Ginsburg to resign after criticism."

Greg Stohr of Bloomberg News reports that "Trump Calls for Ginsburg to Resign From Supreme Court After 'Faker' Jab."

The Associated Press reports that "Ginsburg's public Trump critique raises ethical quandaries."

Ariane de Vogue of CNN.com has an article headlined "Would Ruth Bader Ginsburg have to recuse herself if Donald Trump wins?" And Manu Raju and Theodore Schleifer of CNN.com report that "Top Republicans criticize Ruth Bader Ginsburg but don't back Trump's call for her to resign."

Meanwhile, in commentary, today's edition of The New York Times contains an editorial titled "Donald Trump Is Right About Justice Ruth Bader Ginsburg." The newspaper has also posted online a "Room for Debate" discussion titled "Can a Supreme Court Justice Denounce a Candidate?"

Today's edition of The Washington Post contains an editorial titled "Justice Ginsburg's inappropriate comments on Donald Trump." In addition, columnist Richard Cohen has an essay titled "Justice Ginsburg's remarks are a symptom of how low Trump has driven our discourse."

Online at Bloomberg View, law professor Noah Feldman has an essay titled "It's Fine for Supreme Court Justices to Speak Their Minds."

Online at Slate, Dahlia Lithwick has a jurisprudence essay titled "Deciphering Justice: The subtext of Ruth Bader Ginsburg's improper attacks on Donald Trump." In addition, Mark Joseph Stern has a jurisprudence essay titled "RBG Just Risked Her Legacy to Insult Trump: Why she did it."

Online at Reuters, law professor Richard L. Hasen has an essay titled "Ruth Bader Ginsburg's slam of Trump does the nation no favors."

At the Daily Intelligencer blog of New York magazine, Jonathan Chait has a post titled "Ruth Bader Ginsburg and the Disintegration of Political Norms."

At The Huffington Post, law professor Douglas W. Kmiec has a blog entry titled "Judging Trump -- Was Justice Ginsburg Right To Criticize Donald Trump?"

And at the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Constitution Check: Do Supreme Court Justices have a right to comment on politics?"
Posted at 06:50 PM by Howard Bashman



Tuesday, July 12, 2016

Programming note: From early morning to mid-afternoon on Wednesday east coast time, I will be traveling to Irvine, California, where on Thursday I will be a panelist at the UC Irvine School of Law's "6th Annual Supreme Court Term in Review."

The panel will be live-streamed, online via this link on Thursday beginning at 3 p.m. eastern time, noon pacific time.

Additional blog posts will appear here later tomorrow. As always, while I am traveling, "How Appealing" readers are invited to follow this blog's Twitter feed, where appellate related retweets may appear more frequently.
Posted at 10:02 PM by Howard Bashman



"Thin." Chances are you won't find a judicial opinion containing a shorter sentence than the one that's the title to this post, from a concurring opinion that Eleventh Circuit Judge Robin S. Rosenbaum issued today. The rest of the concurring opinion, while not as pithy, is also well worth a read. Judge Rosenbaum was included in the recently published "list of my personal 13 favorite federal appellate judge writers."
Posted at 09:50 PM by Howard Bashman


"[W]e hold that a document filed by a pro se litigant as an extension of time to request a certificate of appealability qualifies as the notice of appeal required by Rule 3": So holds the majority on a divided three-judge panel in an opinion that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 09:32 PM by Howard Bashman


"Supreme Court to consider report on Rio Grande case": The Associated Press has an article that begins, "The nation's highest court will likely have to settle a dispute between Texas and New Mexico over management of water from the Rio Grande."
Posted at 09:26 PM by Howard Bashman


"9th Circuit: It's a federal crime to visit a website after being told not to visit it." Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 09:20 PM by Howard Bashman


"Justice Kennedy talks internet, 'Hamilton,' Scalia at conference in Big Sky": Whitney Bermes of The Bozeman (Mont.) Daily Chronicle has this report.
Posted at 09:18 PM by Howard Bashman


"Planned Parenthood wins preliminary injunction in lawsuit against Herbert": Daphne Chen of The Deseret News has this report.

Benjamin Wood of The Salt Lake Tribune has an article headlined "'As far as we are concerned, the lawsuit is over': Utah Planned Parenthood says court's ruling on injunction gives group a win over guv."

Jonathan Stempel of Reuters reports that "U.S. appeals court orders Utah to fund Planned Parenthood branch."

And The Associated Press reports that "Appeals court orders Utah to fund Planned Parenthood branch."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 09:14 PM by Howard Bashman



"Charles Ogletree, Harvard law professor, says he has Alzheimer's": Jeremy C. Fox of The Boston Globe has this report.
Posted at 09:06 PM by Howard Bashman


"Startup that we all forgot gets small win against Facebook on appeal; In Facebook v. Power Ventures, 9th Circuit finds defendant not liable under anti-spam law": Cyrus Farivar of Ars Technica has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 05:55 PM by Howard Bashman


"Donald Trump Rebukes Ruth Bader Ginsburg for Deriding His Candidacy": Maggie Haberman of The New York Times has this report.
Posted at 03:05 PM by Howard Bashman


"Research: Black Judges Are Reversed On Appeal More Than White Judges." This audio segment appeared on today's broadcast of NPR's "Morning Edition." The segment discusses research contained in a paper titled "Is Justice Really Blind? Race and Reversal in US Courts."
Posted at 03:02 PM by Howard Bashman


"US judge in hot water over joke about moving to New Zealand": The New Zealand Herald has this report.
Posted at 01:44 PM by Howard Bashman


Federal Circuit overturns $172,465.75 award against federal government under the Unjust Conviction and Imprisonment Act because claimant later had to serve time anyway for other offenses: You can access today's per curiam ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Federal Circuit at this link.

The Republican of Springfield, Massachusetts previously provided coverage of this claimant's involvement with the federal criminal justice system in articles headlined "Conviction overturned for Michael Crooker of Agawam, accused of being felon in possession of firearm" and "Michael Crooker of Agawam agrees to serve 15 years for possession of ricin and threatening prosecutor."

You can access at this link the ruling of the U.S. Court of Federal Claims that had awarded compensation to the claimant.
Posted at 01:40 PM by Howard Bashman



Are plasma-donation centers "service establishments" for purposes of Title III of the Americans with Disabilities Act? The majority on a divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit answered "yes" in an opinion issued today. The majority's 14-page opinion inspired a 21-page dissent.
Posted at 01:18 PM by Howard Bashman


"Appeals court hears case over kosher food in Florida prisons": The Associated Press has this report.
Posted at 01:11 PM by Howard Bashman


"Justice Ruth Bader Ginsburg on Trump: 'He is a faker,' should share tax returns." Joan Biskupic of CNN.com has this report.
Posted at 12:58 PM by Howard Bashman


"Mississippi Governor Asks Appeals Court To Allow Enforcement Of Anti-LGBT Law During Appeal; Mississippi Gov. Phil Bryant is fighting to defend HB 1523, a religious exemption law passed earlier this year; A federal judge halted enforcement of the law on June 30": Chris Geidner of BuzzFeed News has this report.
Posted at 08:40 AM by Howard Bashman


"In her remarks on the presumptive GOP nominee, Ruth Bader Ginsburg may have trumped her usual outspokenness": Aaron Blake and Robert Barnes have this front page article in today's edition of The Washington Post.

And at WaPo's "The Fix" blog, Aaron Blake has a post titled "In bashing Donald Trump, some say Ruth Bader Ginsburg just crossed a very important line."
Posted at 08:25 AM by Howard Bashman



Monday, July 11, 2016

"The US Supreme Court uses email after all -- or at least two justices do": Jason Leopold of Vice News has this report today.
Posted at 11:46 PM by Howard Bashman


"SCOTUS Briefs: Opinions' Basic Building Blocks." Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 11:40 PM by Howard Bashman


"Appeals court throws out Miami Beach 'bar-girl' convictions": Jay Weaver has this report on a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today.

U.S. District Judge Amul R. Thapar (E.D. Ky.) -- sitting by designation -- wrote the opinion, which makes for quite the entertaining read.
Posted at 10:58 PM by Howard Bashman



"Confirm Judge Koh to the 9th Circuit": The San Francisco Chronicle has published this editorial.
Posted at 03:24 PM by Howard Bashman


"Both sides dealt setback in tour guide free-speech lawsuit": The Associated Press has this report from Charleston, South Carolina.
Posted at 03:21 PM by Howard Bashman


That happy feeling that follows when you suggest a correction to the Term-end "SCOTUSblog" 2016 stat pack that's fixed promptly thereafter: Followed by that sad feeling when you realize that a question about the stat pack which accompanied your suggested correction remains unresponded to.
Posted at 02:33 PM by Howard Bashman


"Limiting Pay for Play in College Sports": Online today at Bloomberg View, law professor Noah Feldman has an essay that begins, "The odds have gone up that the Supreme Court will consider whether rules governing amateur participation in U.S. college sports violate antitrust law."
Posted at 02:24 PM by Howard Bashman


"Practically Speaking, The Death Penalty Is Disappearing In The United States; Although nearly 3,000 people are on death row in America, there has not been an execution in the country for two months -- and few executions are expected in the coming months": Chris Geidner of BuzzFeed News has this report today.
Posted at 01:36 PM by Howard Bashman


"First Circuit finds sentence enhanced based on a song (and thrice longer than guideline range) substantively unreasonable": Douglas A. Berman has this post today at his "Sentencing Law and Policy" blog.
Posted at 01:34 PM by Howard Bashman


"The Senate risks Election Day chaos: Imagine a Trump-Clinton standoff and a 4-4 Supreme Court." Law professor Burt Neuborne has this essay online today at The New York Daily News.
Posted at 01:32 PM by Howard Bashman


"Making use of a 4-to-4 split": Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:28 PM by Howard Bashman


"The Justices Recused Themselves an Astounding 180 Times Last Term": Fix the Court issued this news release today, along with a related chart.
Posted at 10:33 AM by Howard Bashman


"Without Dave: Life After 'Late Show with David Letterman.'" Julie Hecht has this essay online at The New Yorker.
Posted at 10:28 AM by Howard Bashman


Sunday, July 10, 2016

"The nation's legal system needs a full Supreme Court": Law professor Miriam Seifter has this essay online at The Milwaukee Journal Sentinel.
Posted at 08:16 PM by Howard Bashman


"Ruth Bader Ginsburg, No Fan of Donald Trump, Critiques Latest Term": Adam Liptak will have this article in Monday's edition of The New York Times.
Posted at 08:14 PM by Howard Bashman


"Chief Justice John Roberts' game of chess": Joan Biskupic of CNN.com has this report.
Posted at 01:54 PM by Howard Bashman


"Supreme Court scores well on religious freedom unless sexual freedom is involved": Tad Walch of The Deseret News has an article that begins, "Experts on the final day of a BYU conference Friday strongly urged people of faith to get involved in religious freedom issues before they reach the courts."
Posted at 01:26 PM by Howard Bashman


"Why Did Obama Do So Well at the Supreme Court? A look back at the court's major decisions in the Obama era -- and what it means for the Court's future." Scott Lemieux has this essay online at The New Republic.
Posted at 01:23 PM by Howard Bashman


"O'Bannon-NCAA case takes a twist in filing with Supreme Court": Steve Berkowitz of USA Today has this report.
Posted at 01:20 PM by Howard Bashman


"If the election is about the Supreme Court, here's a judge of interest; Minnesota Justice David Stras seems to grasp the 'proper, limited role of the judiciary'": Columnist D.J. Tice has this essay online at The Minneapolis Star Tribune.
Posted at 01:18 PM by Howard Bashman


"Supreme Court Justice Kennedy to speak in Big Sky": Whitney Bermes of The Bozeman (Mont.) Daily Chronicle has this report.
Posted at 01:14 PM by Howard Bashman


"U.S. Supreme Court may be at turning point, UCI law school dean tells Newport audience": Alex Chan of The Daily Pilot of Fountain Valley, California has this report.
Posted at 01:10 PM by Howard Bashman


"Anti-Abortion Group Presses Ahead Despite Recent Supreme Court Ruling": Erik Eckholm has this article in today's edition of The New York Times.
Posted at 01:03 PM by Howard Bashman


"An Attack on Citizens United, Through the Back Door": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 10:58 AM by Howard Bashman


Saturday, July 9, 2016

"[M]uch artistic expression, by its very nature, has an ambiguous relationship to the performer's personal views": So writes Senior Circuit Judge Bruce M. Selya in an interesting sentencing-related decision that a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit issued yesterday.

Judge Selya continues:

That an actress plays Lady Macbeth, or a folk singer croons "Down in the Willow Garden," or an artist paints "Judith Beheading Holofernes," does not, without more, provide any objective evidence of the performer's motive for committing a crime, of his personal characteristics (beyond his ability to act, sing, or paint, as the case may be), or of any other sentencing factor.
And later in the opinion, Judge Selya observes, "This gets the grease from the goose."
Posted at 08:30 PM by Howard Bashman


"How to Write Like Antonin Scalia: A lawyer and proud language snoot explains why good English matters and how Justice Scalia's textualism makes headway on the Supreme Court." Kyle Peterson has this interview with Bryan A. Garner in today's edition of The Wall Street Journal. You can freely access the full text of the article via Google.
Posted at 10:40 AM by Howard Bashman


"Justice Thomas, Undaunted: After 25 years on the Court, his voice is more important than ever." Adam J. White has this cover story in the July 18, 2016 issue of The Weekly Standard.
Posted at 10:08 AM by Howard Bashman


Friday, July 8, 2016

"Ask the authors: Graetz & Greenhouse on the Burger Court." Ronald K.L. Collins has this post today at "SCOTUSblog."
Posted at 09:24 PM by Howard Bashman


"Deep Dive: The Supreme Court 2016, and All Its Complexity." The Aspen Institute has posted this video online at YouTube.
Posted at 02:33 PM by Howard Bashman


"Does the New Assault on Super PACs from Liberal 'Dream Team' Have a Shot? Maybe, in this Post-Scalia World." Rick Hasen has this post at his "Election Law Blog."
Posted at 10:23 AM by Howard Bashman


"Left, right: Thirty years ago, progressives embraced religious exemptions; No longer." The July 9, 2016 issue of The Economist contains an article that begins, "One day after releasing their final rulings of the term, the justices of the Supreme Court returned for an encore on June 28th."
Posted at 10:12 AM by Howard Bashman


"AP interview: Ginsburg reflects on big cases, Scalia's death." Mark Sherman of The Associated Press has this report.
Posted at 08:57 AM by Howard Bashman


Thursday, July 7, 2016

"Charges dropped in Caetano v. Massachusetts Second Amendment stun gun case": Eugene Volokh has this post today at "The Volokh Conspiracy."
Posted at 11:03 PM by Howard Bashman


"Texas to require burial or cremation of aborted fetuses": The Associated Press has a report that begins, "Texas intends to require aborted fetuses to be buried or cremated come September, adding new abortion regulations after the U.S. Supreme Court struck down the state's restrictive clinic laws."

And Reuters reports that "Texas proposes strict new rules for disposal of aborted fetal tissue."
Posted at 08:33 PM by Howard Bashman



"Planned Parenthood brings new challenge to Indiana abortion law": Kristine Guerra of The Indianapolis Star has this report.
Posted at 07:52 PM by Howard Bashman


"Tracing The 'Rise Of The Judicial Right' To Warren Burger's Supreme Court": This audio segment featuring Linda Greenhouse appeared on yesterday's broadcast of NPR's "Fresh Air."
Posted at 07:48 PM by Howard Bashman


"Don't appeal Syed's new trial": Steven M. Klepper has this essay online at The Baltimore Sun.
Posted at 04:30 PM by Howard Bashman


"Georgia Doesn't Have to Endorse the KKK": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 02:56 PM by Howard Bashman


"SCOTUS Scorecard Pt. 2: The Firm Side of the Story." Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 02:55 PM by Howard Bashman


"Hillary Clinton and the Espionage Act: The email scandal reveals everything that's wrong with the outdated legislation used to prosecute spies and whistleblowers." Law professor Steve Vladeck has this jurisprudence essay online at Slate.
Posted at 02:51 PM by Howard Bashman


"A Case of Bad Eggs Could Land You in Prison": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 02:50 PM by Howard Bashman


"'No One Can Breathe in This Atmosphere': Everyone should read Justice Sonia Sotomayor on how police stops are life-and-death experiences for people of color." Dahlia Lithwick has this jurisprudence essay online today at Slate.
Posted at 02:43 PM by Howard Bashman


"For Acting Solicitor General, 'continuity' is the guiding principle": Alexandra Gutierrez has this post at "SCOTUSblog."
Posted at 02:18 PM by Howard Bashman


"Can super PACs be put back in the box?" In today's edition of The Washington Post, Matea Gold has an article that begins, "A powerhouse legal team representing a bipartisan group of congressional members and candidates is unleashing a new effort to overturn the case that birthed super PACs, part of a novel strategy to rein in the big money that has poured into campaigns since 2010."
Posted at 10:47 AM by Howard Bashman


"Federal officials can't hide documents on private servers: D.C. Circuit." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 08:32 AM by Howard Bashman


"The Not-So-Liberal Roberts Court": Linda Greenhouse has this essay online today at The New York Times.
Posted at 08:25 AM by Howard Bashman


Wednesday, July 6, 2016

"Can Obama Pardon Millions of Immigrants?" Law professor Peter L. Markowitz has this op-ed in today's edition of The New York Times.
Posted at 10:48 PM by Howard Bashman


"Pa. court backs delaying referendum on upping judge retirement age to fall election": Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this report.

And The Associated Press reports that "Court OKs decision to delay judge retirement ballot question."

You can access today's ruling of the Commonwealth Court of Pennsylvania at this link.
Posted at 10:42 PM by Howard Bashman



"Court: Illegal immigrant parents can be detained, children must be released." Stephen Dinan of The Washington Times has this report.

The Associated Press reports that "Court orders release of detained immigrant kids, not parents."

And Adam Klasfeld of Courthouse News Service reports that "9th Circ. Blasts Feds for Jailing Young Refugees."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:34 PM by Howard Bashman



"[M]isprision of felony can constitutionally serve as the basis for a felon [firearm] ban": So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in a ruling issued today.
Posted at 10:26 PM by Howard Bashman


"The (Not So) Plain Meaning Rule": Law professors William Baude and Ryan David Doerfler have posted this interesting paper online at SSRN.
Posted at 08:55 PM by Howard Bashman


"#WaitingForLyle: Lyle Denniston's SCOTUSblog Exit Interview." Casey Sullivan of Bloomberg Law has posted this interview online today.
Posted at 05:10 PM by Howard Bashman


"Constitution Check: Does the FBI have power to decide who gets prosecuted?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 02:20 PM by Howard Bashman


"Password-sharing case divides Ninth Circuit in Nosal II": Orin Kerr has this post today at The Volokh Conspiracy."

And online today at Bloomberg View, law professor Noah Feldman has an essay titled "Using Shared Passwords Shouldn't Be a Crime."
Posted at 02:16 PM by Howard Bashman



"Court backs jail time for egg executives in salmonella case": The Associated Press has a report that begins, "A federal appeals court has upheld jail sentences for two egg industry executives whose Iowa company caused a nationwide salmonella outbreak in 2010."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit, in which each of the three judges issued an opinion, at this link.
Posted at 11:45 AM by Howard Bashman



Tuesday, July 5, 2016

"Constitution Check: Where does same-sex marriage stand, one year later?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:52 PM by Howard Bashman


"Justices Haven't Ended Abortion Restrictions Yet": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 09:48 PM by Howard Bashman


"U.S. appeals court upholds conviction over shared password": Jonathan Stempel of Reuters has this report.

Mario Trujillo of The Hill reports that "Court ruling could hurt millions who share passwords online."

Stephanie Condon of ZDNet has an article headlined "U.S. appeals court: Anti-hacking law applies to password sharing case; The 9th Circuit Court of Appeals ruling expands the scope of the already-broad Computer Fraud and Abuse Act."

And Adam Klasfeld of Courthouse News Service reports that "Password-Sharing May Be Criminal, 9th Circ. Rules."

My earlier coverage of today's Ninth Circuit ruling by a divided three-judge panel can be accessed here.
Posted at 09:00 PM by Howard Bashman



"Courts Balk If People Give Up Their Day in Court": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 08:50 PM by Howard Bashman


"'To Allow Members of Congress to Change Hats . . . .': The Legacy of Chief Judge Abner Mikva." Aaron Nielson has this post today at the "Notice and Comment" blog of the Yale Journal on Regulation.
Posted at 08:40 PM by Howard Bashman


"Roger Gregory to take over as chief judge of 4th U.S. Circuit Court of Appeals": Frank Green of The Richmond Times-Dispatch has this report.

According to the article, Gregory "was the first African-American to serve on what was then widely viewed as the most conservative of the nation's 12 federal circuit courts. He also will be the first African-American to serve as the court's chief judge." The article also reports that Gregory "is the only person ever to be appointed to a federal appeals court by presidents of two different parties."
Posted at 08:24 PM by Howard Bashman



"Judge Posner Apologizes For Statements He Made Many Times Before About Constitution": Josh Blackman recently had this post at his blog about Seventh Circuit Judge Richard A. Posner's coda to Judge Posner's participation in this year's installment of Slate's "Supreme Court Breakfast Table."
Posted at 05:44 PM by Howard Bashman


"Abner Mikva, '51, Law School Clinical Faculty Member, 1926-2016": The University of Chicago Law School has posted this obituary online.
Posted at 05:14 PM by Howard Bashman


"Appeals court rules child porn victim can seek civil damages in addition to restitution": Brian Bowling of The Pittsburgh Tribune-Review has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.

Earlier, The Associated Press reported on the lawsuit in an article headlined "Pennsylvania child porn victim who 'Masha's Law' was named after sues viewers for $150,000 each."
Posted at 05:10 PM by Howard Bashman



**Save the date** The 2016 Appellate Judges Education Institute Summit in Philadelphia, November 10-13, 2016: You can access the AJEI's "Save the Date" postcard listing the titles of the programs planned for this November's Summit at this link. Online registration for the event will be available beginning later this month.

Fans of this blog know that I very much enjoyed attending the 2014 AJEI Summit in Dallas and the 2015 AJEI Summit in Washington, DC. This year, the summit will be in my hometown of Philadelphia, so I hope that the event can attract a large turnout of "How Appealing" readers.

In addition to wonderful programming that should satisfy most anyone's annual CLE requirements, the Summit also sets aside time for cultural events, a "dine around," a banquet dinner on Saturday night, and other downtime for attendees to interact. The Summit will launch with an opening night event at the National Constitution Center, and the programming will occur at the Loews Philadelphia Hotel, which is centrally located only blocks away from the many historic and cultural attractions and wonderful dining options that Philadelphia has to offer.

On the morning of Sunday, November 13th, I will have the pleasure of moderating a panel titled "Unreported Opinions: Declining News Coverage of Appellate Courts," featuring a number of panelists whose work this blog has regularly linked to over the years. And I also helped recruit the stellar participants in a second panel, titled "Election, "Merit,' or Advice and Consent: Trends in Judicial Selection."

For those of you who in recent years had hoped to attend the annual AJEI Summit only to find that it conflicted with the Federalist Society's National Lawyers Convention, this year I am happy to report that these two events -- which each attract numerous appellate practitioners -- will be occurring during different weeks in November, so if that presented a conflict for you in previous years, why not attend both?
Posted at 03:36 PM by Howard Bashman



United States v. Nosal, part two: A divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued this ruling today.

Circuit Judge Stephen Reinhardt's dissenting opinion begins:

This case is about password sharing. People frequently share their passwords, notwithstanding the fact that websites and employers have policies prohibiting it. In my view, the Computer Fraud and Abuse Act ("CFAA") does not make the millions of people who engage in this ubiquitous, useful, and generally harmless conduct into unwitting federal criminals. Whatever other liability, criminal or civil, Nosal may have incurred in his improper attempt to compete with his former employer, he has not violated the CFAA.
You can access the dissenting opinion via this link.
Posted at 01:44 PM by Howard Bashman


"Court rules government can't use private emails to hide from transparency": Stephen Dinan of The Washington Times has this report.

The Associated Press reports that "Court rules against White House science office in email case."

Josh Gerstein of Politico.com has an article headlined "Court: Private-account email can be subject to FOIA."

And Megan R. Wilson of The Hill has an article headlined "Court: Officials can't use private email accounts to evade records laws."

You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:20 PM by Howard Bashman



"Court dismisses W.Va.'s challenge to alterations in Obamacare enforcement": Stephen Dinan of The Washington Times has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued on Friday.
Posted at 11:48 AM by Howard Bashman


"KKK wins partial victory in 'Adopt-A-Highway' case": Bill Rankin of The Atlanta Journal-Constitution has this report.

And The Associated Press has a report headlined "Court: KKK can continue quest to 'adopt' a Georgia highway."

You can access today's unanimous ruling of the Supreme Court of Georgia at this link.
Posted at 11:46 AM by Howard Bashman



"Chicagoan Abner Mikva -- lawmaker, judge, presidential adviser -- dies at 90": The Chicago Tribune has this report.

The Chicago Sun-Times reports that "Former congressman, judge Abner Mikva is dead at 90."

And The Associated Press reports that "Abner Mikva, liberal voice from Illinois, dies at 90."
Posted at 11:27 AM by Howard Bashman



"'Stubborn' Facts, 'Stable' Law Shaped Kennedy's Votes": Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 11:22 AM by Howard Bashman


"State loses another round in fight against feds over Alaska tribal lands": Erica Martinson of Alaska Dispatch News has this report.

Weston Morrow of The Fairbanks Daily News-Miner reports that "Alaska Natives win major land rights case."

Courthouse News Service reports that "Alaska Tribes Allowed to Put Land Into Trust."

And in commentary, online at Alaska Dispatch News, Donald Craig Mitchell has an essay titled "The road to 'Indian Country' in Alaska," while Jenny Bell-Jones has an essay titled "To suggest tribes didn't exist in Alaska until the '90s ignores legal history."

You can access Friday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 11:18 AM by Howard Bashman



Monday, July 4, 2016

"How the supreme court's tilt to the left rests on conservative Anthony Kennedy; The supreme court justice has long served as a swing voter but since the death of Antonin Scalia, he has emerged as a pivotal figure -- and aided liberal wins": David Smith of The Guardian (UK) has this report.
Posted at 03:14 PM by Howard Bashman


"In Dissents, Sonia Sotomayor Takes On the Criminal Justice System": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:30 PM by Howard Bashman


Sunday, July 3, 2016

"Liberals ready assault on abortion laws after Supreme Court verdict": Sarah Ferris of The Hill has a report that begins, "Abortion rights groups are gearing up for a major assault against dozens -- and ultimately hundreds -- of state laws after their biggest legal victory in a generation this week."
Posted at 10:18 PM by Howard Bashman


"World War II veteran's stories inspire Supreme Court chief justice, also a veteran": Steve Fry of The Topeka Capital-Journal has this report.
Posted at 10:15 PM by Howard Bashman


"Sonia Sotomayor channels liberal voice on Supreme Court": Ariane de Vogue of CNN.com has this report.
Posted at 10:14 PM by Howard Bashman


"Dayton selects McKeig as next Supreme Court justice; First Indian jurist and first female majority since 1991": Ricardo Lopez of The Minneapolis Star Tribune recently had this report.
Posted at 10:12 PM by Howard Bashman


"The conservative era of the Supreme Court is over": Law professor Erwin Chemerinsky has this essay online at The Los Angeles Times.
Posted at 10:08 PM by Howard Bashman


"The Supreme Court Really Matters in This Election": Albert R. Hunt has this essay online today at Bloomberg View.
Posted at 07:55 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: Why does the Supreme Court's Term End in June?" Aaron Nielson has this post today at the "Notice and Comment" blog of the Yale Journal on Regulation.
Posted at 07:45 PM by Howard Bashman


"SCOTUS Scorecard 2015/2016 Pt. 1: Experience is Key." Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 07:42 PM by Howard Bashman


"Celebrating Justice Thomas's 25 Years on the Supreme Court": National Review has posted online this symposium featuring various well-known contributors.
Posted at 08:32 AM by Howard Bashman


"Where the Pro-Life Movement Goes Next": Law professor Mary Ziegler has this essay in the SundayReview section of today's edition of The New York Times.
Posted at 08:26 AM by Howard Bashman


Saturday, July 2, 2016

"Abortion Providers Sue Louisiana Over Its Laws; Lawsuit follows Supreme Court's striking down parts of Texas abortion law": Jess Bravin and Louise Radnofsky of The Wall Street Journal have this report.
Posted at 08:00 PM by Howard Bashman


Friday, July 1, 2016

"Lawyer in Led Zeppelin-Spirit trial suspended for 'serious misconduct' in earlier case": Randy Lewis of The Los Angeles Times has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued earlier this week.

And at the "THR, Esq." blog of The Hollywood Reporter, Ashley Cullins has a post titled "Lawyer Who Sued Led Zeppelin Suspended From Practicing Law; Francis Malofiy's suspension might mean he can't appeal the band's 'Stairway to Heaven' win."
Posted at 09:26 PM by Howard Bashman



"Voting Ban for Ex-Cons Is a Lifetime Sentence": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 09:23 PM by Howard Bashman


"Trump's Errors Stymie Efforts to Use Supreme Court to Rally Conservatives": Sahil Kapur of Bloomberg News has this report.
Posted at 09:05 PM by Howard Bashman


"Oral Argument Winners 2015/2016": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 02:40 PM by Howard Bashman


"Child-Porn Case Turns Judge Into Sentencing Rebel": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 02:02 PM by Howard Bashman


"Two left feats: Anthony Kennedy drifts left to save abortion rights and affirmative action." This article will appear in the July 2, 2016 print edition of The Economist magazine.
Posted at 02:00 PM by Howard Bashman


"Case against Mass. woman in teen's suicide to go forward": John R. Ellement and Kathy McCabe of The Boston Globe have this report.

Bob McGovern of The Boston Herald reports that "SJC rules texting suicide case will move forward."

And The Associated Press reports that "Court OKs trial for girl who texted boyfriend urging suicide."

You can access today's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 01:55 PM by Howard Bashman



"Judge blocks Mississippi's 'religious objections' law": The Associated Press has a report that begins, "A federal judge blocked a Mississippi law on religious objections to same-sex marriage moments before it was set to take effect Friday, ruling it unconstitutionally establishes preferred beliefs and creates unequal treatment for gay people."

And Royce Swayze and Sarah Fowler of The Clarion-Ledger of Jackson, Mississippi report that "House Bill 1523 struck down."

You can access last night's ruling of the U.S. District Court for the Southern District of Mississippi at this link.
Posted at 01:45 PM by Howard Bashman



"The Court Slams the Door on Domestic Abusers Owning Guns": Online at The New Yorker, Rachel Louise Snyder has a post that begins, "In 2009, a logger named Stephen Voisine shot and killed an American bald eagle."
Posted at 01:22 PM by Howard Bashman


"Major cases set for the next Supreme Court term": Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:14 PM by Howard Bashman


"Clarence Thomas Has His Own Constitution": Jeffrey Toobin has this post online at The New Yorker.
Posted at 01:11 PM by Howard Bashman






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