How Appealing

Wednesday, November 30, 2016

"Game over: New US computer search law takes effect Thursday; Senate declines to vote on proposals to block or delay the administrative rule." David Kravets of Ars Technica has this report.
Posted at 11:36 PM by Howard Bashman


"The Specter of Korematsu: A timely look back at the infamous Supreme Court case that upheld the internment of Japanese Americans." The new installment of Slate's "Amicus" podcast featuring Dahlia Lithwick can be accessed here.
Posted at 11:30 PM by Howard Bashman


"Noose Tightens Around In-Laws With Indictment in Murder of Jewish Professor Dan Markel": Daniel J. Solomon of The Forward has this report.
Posted at 11:18 PM by Howard Bashman


"Delaware Supreme Court to weigh fate of death row inmates; Court to hear arguments over whether a ruling to end the death penalty should be applied to those still on death row": Jessica Masulli Reyes of The News Journal of Wilmington, Delaware has this report.
Posted at 09:54 PM by Howard Bashman


"Indian Cinemas Must Play the National Anthem, Supreme Court Rules": Ellen Barry of The New York Times has this report on a ruling that the Supreme Court of India issued today.
Posted at 09:50 PM by Howard Bashman


"Robin Camp one step closer to being first federal judge kicked off bench": Sean Fine of The Toronto Globe and Mail has an article that begins, "A judge who asked the complainant in a rape trial why she didn't keep her knees together stands to become the first federally appointed judge to be kicked off the bench over his conduct of a sex-assault trial, after a disciplinary body's unanimous recommendation on Wednesday that he be removed."
Posted at 09:45 PM by Howard Bashman


"UK's Supreme Court faces Brexit limelight": Andrew Hosken of BBC News has this report.
Posted at 09:40 PM by Howard Bashman


"Missouri Supreme Court judge Richard Teitelman dies at 69": Kurt Erickson of The St. Louis Post-Dispatch has this report.
Posted at 09:36 PM by Howard Bashman


"New stash of legal opinions detail hurdles for Trump on emoluments ban": Josh Gerstein of Politico.com has this blog post today.
Posted at 09:16 PM by Howard Bashman


"Will the Supreme Court Stop Texas from Executing the Intellectually Disabled?" Lincoln Caplan has this post online today at The New Yorker.
Posted at 06:14 PM by Howard Bashman


"Lawsuits challenge abortion restrictions in 3 states": David Crary of The Associated Press has a report that begins, "Taking the offensive after Election Day setbacks, Planned Parenthood and its allies filed lawsuits Wednesday in North Carolina, Missouri and Alaska challenging laws that they view as unconstitutional restrictions on abortion."

The Planned Parenthood Action Fund today issued a news release titled "Planned Parenthood and Fellow Reproductive Rights Groups Sue Over Unconstitutional Abortion Restrictions in Three States."
Posted at 05:22 PM by Howard Bashman



"Judges consider extending federal workplace protections for sexual orientation": Elyssa Cherney of The Chicago Tribune has this report.

The South Bend Tribune reports that "South Bend woman's case could have national impact on LGBT rights; Former Ivy Tech South Bend instructor sued, claiming she was fired because she is gay."

The Associated Press reports that "Full US court in Chicago hears LGBT-workplace bias appeal."

And Lorraine Bailey of Courthouse News Service reports that "Seventh Circuit Poised to Grant Major Gay-Rights Victory."
Posted at 05:18 PM by Howard Bashman



"Trump SCOTUS Shortlister Joan Larsen Is Fast-Rising Star": Patrick Gregory of Bloomberg BNA has this report.
Posted at 03:35 PM by Howard Bashman


"Judge Posner Slams 'Stupid' Decisions by Chief Justice Roberts, 'Silly' Stances by Scalia": Tony Mauro of The National Law Journal has this report on a video titled "May 16, 2016 First Amendment Salon" that you can access on YouTube at this link.
Posted at 02:28 PM by Howard Bashman


Access the oral arguments of the two cases reargued en banc today in the U.S. Court of Appeals for the Seventh Circuit: You can access the audio of today's reargument en banc in Hively v. Ivy Tech Community College via this link (22.2 MB mp3 audio file).

And you can access the audio of today's reargument en banc in United States v. Randy Johnson via this link (27.5 MB mp3 audio file).
Posted at 02:20 PM by Howard Bashman



"Trump unlikely to sway Supreme Court on flag burning": Richard Wolf of USA Today has this report.
Posted at 01:17 PM by Howard Bashman


Access the transcript of today's U.S. Supreme Court oral argument in Jennings v. Rodriguez, No. 15-1204: At this link.

In early news coverage, Mark Sherman of The Associated Press reports that "Supreme Court weighs bond hearings for detained immigrants."

Lawrence Hurley of Reuters reports that "U.S. justices divided over immigration detention dispute."

And Josh Gerstein of Politico.com has a blog post titled "Obama administration argues before Supreme Court to limit immigrants' right."
Posted at 01:11 PM by Howard Bashman



"E11: Immigration Evolution." Bloomberg BNA posted online this "Cases and Controversies" podcast earlier this month featuring Kimberly Robinson, Nicholas Datlowe, and Bernard Pazanowski -- plus a musical accompaniment from time to time.
Posted at 10:52 AM by Howard Bashman


"LGBT worker's civil rights case could reach beyond state": Madeline Buckley of The Indianapolis Star has this report.

And The Chicago Sun-Times has posted online an editorial titled "Court should ban sexual orientation discrimination."
Posted at 10:45 AM by Howard Bashman



"Justices Hear Texas Death Penalty Case Involving Intellectual Disability": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court weighs Texas criteria for gauging death row inmates' intellect."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Hears Arguments on Texas Death-Penalty Rules; Rules permit execution of convicts who are considered intellectually disabled under current medical standards."

Ariane de Vogue of CNN.com reports that "Supreme Court takes up question of death penalty and intellectual disability."

Cristian Farias of The Huffington Post reports that "Supreme Court Looks For Intellectual 'Baseline' To Determine When States May Put People To Death; The exercise may deal yet another blow to the death penalty."

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Tests Role Of Intellectual Disability In Death Penalty Case."
Posted at 08:23 AM by Howard Bashman



"After Bringing Back The Death Penalty, Nebraska Looks To Act In Secret; The Nebraska Department of Correctional Services wants to allow its execution drug suppliers to be secret from now on; In the past, the state has (unsuccessfully) bought illegal execution drugs": Chris McDaniel of BuzzFeed News has this report.
Posted at 08:09 AM by Howard Bashman


"Supreme Court dispute over jailing immigrants takes on new importance in Trump era": David G. Savage of The Los Angeles Times has this report.

And on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment titled "Supreme Court To Consider How Long Immigrants May Be Detained Without Bond Hearing."
Posted at 08:05 AM by Howard Bashman



Tuesday, November 29, 2016

"Three for the Nine": The New York Sun has posted online an editorial that begins, "Where are the New Yorkers on the list of judges that Donald Trump intends to consider for the Supreme Court?"
Posted at 09:03 PM by Howard Bashman


"Trump Calls for Revoking Flag Burners' Citizenship. Court Rulings Forbid It." Charlie Savage will have this article in Wednesday's edition of The New York Times.

Wednesday's edition of that newspaper will also contain an editorial titled "Mr. Trump, Meet the Constitution."
Posted at 09:00 PM by Howard Bashman



"Ordinary investigative stop, or 'extraordinary' and unlawful police tactics?" Will Baude's preview of the two cases being reargued en banc tomorrow at the U.S. Court of Appeals for the Seventh Circuit concludes with this post at "The Volokh Conspiracy."
Posted at 08:12 PM by Howard Bashman


"Magbanua indicted in Markel slaying; Co-defendant Luis Rivera testifies in grand jury proceeding": Karl Etters of The Tallahassee Democrat has an article that begins, "Prosecutors secured a murder indictment of Katherine Magbanua, a prime suspect in orchestrating the July 2014 shooting of Florida State University law professor Dan Markel."
Posted at 08:05 PM by Howard Bashman


"The Supreme Court and the Next Generation of Executive Power Cases": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 07:30 PM by Howard Bashman


"Does federal law already ban discrimination on the basis of sexual orientation?" Will Baude has this post at "The Volokh Conspiracy."
Posted at 07:25 PM by Howard Bashman


"Mitch McConnell Stands Up For Flag Burning Even When Donald Trump Won't; The Senate majority leader has a history on this First Amendment issue": Cristian Farias of The Huffington Post has this report.
Posted at 05:41 PM by Howard Bashman


"Deciding Not to Decide: A Limited Defense of the Silent Concurrence." Alexander I. Platt has this article in the Spring 2016 issue of The Journal of Appellate Practice and Process, which arrived at my office in today's mail.

Also in that issue, Adam Feldman has an article titled "All Copying Is Not Created Equal: Borrowed Language in Supreme Court Opinions."
Posted at 05:32 PM by Howard Bashman



"Hidden Legal Horcruxes: 'The Maryland Court of Appeals and the Amply Sized Certiorari Petition.'" Michael Wein has this post today at the "Maryland Appellate Blog."
Posted at 04:28 PM by Howard Bashman


"Supreme Court skeptical of Texas on death penalty": Richard Wolf of USA Today has this report.

Greg Stohr of Bloomberg News reports that "Justices Hint at Wider Death Penalty Exemption for Disabled."

Chris Geidner of BuzzFeed News reports that "Supreme Court Skeptical Of Texas Standards For Intellectual Disability In Death Cases; In Bobby James Moore's case, the Supreme Court is examining how Texas has applied the high court's ban on the execution of intellectually disabled people."

And Lyle Denniston has a blog post titled "The Court makes progress on a death penalty project."
Posted at 04:25 PM by Howard Bashman



"U.S. appeals court to hear gay workplace discrimination case": Daniel Wiessner of Reuters has an article that begins, "A U.S. appeals court takes up a closely watched gay rights case on Wednesday in which an Indiana college professor who says she lost her job because she is a lesbian is arguing that federal civil rights law should protect gay people from workplace discrimination."
Posted at 04:16 PM by Howard Bashman


"U.S. Supreme Court seeks Obama administration view on Gold King Mine legal dispute": Bruce Finley of The Denver Post has this report.
Posted at 02:34 PM by Howard Bashman


Access the transcript of today's U.S. Supreme Court oral argument in Moore v. Texas, No. 15-797: At this link.
Posted at 02:28 PM by Howard Bashman


"U.S. justices sympathetic to death row inmate on intellectual disability": Lawrence Hurley of Reuters has this report.

Mark Sherman of The Associated Press reports that "Supreme Court seems to favor Texas death row inmate."

And Jordan Rudner of The Dallas Morning News reports that "Texas' use of outdated standard for mental disability in executions draws Supreme Court scrutiny."
Posted at 01:52 PM by Howard Bashman



"Study Seeks To Measure 'Scalia-Ness' Of Donald Trump's Supreme Court Picks; It's not a perfect science, but it adds substance to the president-elect's 'definitive' list of candidates": Cristian Farias of The Huffington Post has this report on a paper titled "Searching for Justice Scalia: Measuring the 'Scalia-ness' of the Next Potential Member of the U.S. Supreme Court" posted last Wednesday at SSRN.
Posted at 01:45 PM by Howard Bashman


"The Trouble With Trump SCOTUS Contender William H. Pryor: There are reasons to worry about the 11th Circuit judge on Trump's Supreme Court shortlist." Damon Root has this post today at Reason.com's "Hit & Run" blog.
Posted at 01:30 PM by Howard Bashman


The criminal defendant who the U.S. government is incapable of identifying: The U.S. Court of Appeals for the Ninth Circuit today issued a decision in an appeal captioned United States v. John Doe.

Footnote one of the opinion states: "To the date of this writing the Defendant, who has refused to provide his name, has not been affirmatively identified and is referred to as 'John Doe.'"
Posted at 01:22 PM by Howard Bashman



"The surprising implications of the Microsoft/Ireland warrant case": Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 01:00 PM by Howard Bashman


In the December 2016 issue of ABA Journal magazine: Mark Walsh has an article headlined "Supreme Court considers challenges to racial gerrymandering."

David L. Hudson Jr. has an article headlined "How far can criticism of judges go under ethics rules?"

The issue's cover story consists of the "10th Annual Blawg 100."

Stephen Rynkiewicz has a related article headlined "What bloggers told us about the state of the legal blogosphere."

And the new installment of Bryan A. Garner's "On Words" column is headlined "How to bring a more conversational style to your writing."
Posted at 11:30 AM by Howard Bashman



"Supreme Court says OK to second bribery trial in Puerto Rico": The Associated Press has this report.

And Lawrence Hurley of Reuters reports that "U.S. justices rule against Puerto Rican politician in bribe case."
Posted at 11:18 AM by Howard Bashman



"Trump Sets Private Prisons Free: The incarceration industry was having a tough time; Then Trump got elected." James Surowiecki has this article in the December 5, 2016 issue of The New Yorker.
Posted at 10:19 AM by Howard Bashman


Access today's opinion in an argued case of the U.S. Supreme Court: Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Bravo-Fernandez v. United States, No. 15-537. Justice Clarence Thomas issued a concurring opinion. You can access the oral argument via this link.
Posted at 10:04 AM by Howard Bashman


"The controversial legal theory that could get Trump sued: A doctrine embraced by president-elect's anti-immigration backers could be key to challenging his business conflicts." Josh Gerstein of Politico.com has this report.
Posted at 09:35 AM by Howard Bashman


"Houston murder takes center stage at U.S. Supreme Court": Dane Schiller has this front page article in today's edition of The Houston Chronicle.

Jolie McCullough of The Texas Tribune reports that "U.S. Supreme Court to hear Texas death penalty case on intellectual disability; On Tuesday, the U.S. Supreme Court will hear arguments regarding intellectual disability and executions in Moore v. Texas."

Ryan Poppe of Texas Public Radio reports that "Supreme Court To Hear Texas Case Challenging Texas Death Row Standards."

And online at The Atlantic, law professor Garrett Epps has an essay titled "The 'Of Mice and Men' Rule for Texas Executions: The Supreme Court will consider whether Texas's outdated standard on intellectual disability and executions violates the constitutional prohibition on cruel and unusual punishment."
Posted at 08:26 AM by Howard Bashman



Monday, November 28, 2016

"NC court officials refuse to explain what's behind Supreme Court rule change": Anne Blythe of The News & Observer of Raleigh, North Carolina has an article that begins, "A new rule that allows the N.C. Supreme Court to call back retired justices to serve on a case-by-case basis to avoid potential deadlocks has flummoxed the legal community since it was put in place on Election Day."
Posted at 11:20 PM by Howard Bashman


"Gov. Doug Ducey appoints two Arizona Supreme Court justices": Michael Kiefer and Yvonne Wingett Sanchez of The Arizona Republic have this report.

And Howard Fischer of The Arizona Capitol Times reports that "Ducey selects Lopez, Gould as new Supreme Court justices."
Posted at 11:03 PM by Howard Bashman



"Micro-Symposium: Richard Posner's 'What is Obviously Wrong with the Federal Judiciary.'" The Green Bag has today posted this collection of short essays online at SSRN.
Posted at 10:42 PM by Howard Bashman


"Grand jurors weighing Magbanua's connection to Markel murder": Karl Etters of The Tallahassee Democrat has this report.
Posted at 10:32 PM by Howard Bashman


"Donald Trump Faces Obstacles to Resuming Waterboarding": Matt Apuzzo and James Risen of The New York Times have this report.
Posted at 09:30 PM by Howard Bashman


"Ask the author: Adler and others on 'Business and the Roberts Court.'" Ronald Collins has this post today at "SCOTUSblog."
Posted at 06:05 PM by Howard Bashman


"7th Circuit can make civil rights history for gay and lesbian employees": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 04:48 PM by Howard Bashman


"Judicial Nominations: The Constitution Project held a discussion on Senate Republicans' successful efforts to block President Obama's Supreme Court nominee D.C. Circuit Court Judge Merrick Garland." C-SPAN has posted the video of this recent event at this link.
Posted at 02:00 PM by Howard Bashman


"Supreme Court Agenda in the Trump Era? A Justice Seems to Supply One." Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:53 PM by Howard Bashman


"Stop Proposition 8, and marriage inequality in California, from making a comeback": Law professor Brian Soucek has this essay online at The Los Angeles Times.
Posted at 01:48 PM by Howard Bashman


Access the contents of the November 2016 issue of The Yale Law Journal: Via this link.

Therein, law professors Aziz Z. Huq and Jon D. Michaels have an article titled "The Cycles of Separation-of-Powers Jurisprudence."

Grace E. Hart has a note titled "State Legislative Drafting Manuals and Statutory Interpretation."

And law professor Eric A. Posner has a review of Justice Stephen G. Breyer's book, "The Court and the World: American Law and the New Global Realities."
Posted at 01:37 PM by Howard Bashman



Access the transcript of today's U.S. Supreme Court oral argument in Beckles v. United States, No. 15-8544: At this link.
Posted at 01:11 PM by Howard Bashman


"OT 2016 #6: 'Live By The Sword, Die By The Sword.'" You can access the newly posted sixth episode of the "First Mondays" podcast, featuring Ian Samuel, Dan Epps, and special guest Leah Litman, via this link.
Posted at 01:04 PM by Howard Bashman


"Lawsuit Aims to Hold 2 Contractors Accountable for C.I.A. Torture": Sheri Fink and James Risen have this article in today's edition of The New York Times.
Posted at 11:42 AM by Howard Bashman


"The Republican Assault On The Integrity Of The Supreme Court": Law professor Geoffrey R. Stone has this essay online at The Huffington Post.
Posted at 09:57 AM by Howard Bashman


"The Attorney Fighting Revenge Porn: Carrie Goldberg is a pioneer in the field of sexual privacy, using the law to defend victims of hacking, leaking, and other online assaults." Margaret Talbot has this "Annals of Law" article in the December 5, 2016 issue of The New Yorker.
Posted at 09:52 AM by Howard Bashman


"Taliban fighter case stirs question on law of armed conflict": Eric Tucker of The Associated Press has this preview of a case scheduled to be orally argued on December 9, 2016 in the U.S. Court of Appeals for the Fourth Circuit.
Posted at 09:48 AM by Howard Bashman


Access today's Order List of the U.S. Supreme Court: At this link. The Court granted review in no new cases but called for the views of the Solicitor General's office in one case.

In early news coverage, The Associated Press reports that "Supreme Court rejects church's appeal over marijuana laws" and "Justices reject appeal of Ponzi scheme conviction."

And Lawrence Hurley of Reuters reports that "Supreme Court rejects financier Stanford's Ponzi scheme appeal."
Posted at 09:29 AM by Howard Bashman



Sunday, November 27, 2016

"Opportunity for Justices on Partisan Gerrymandering": Kenneth Jost has this post today at his blog, "Jost on Justice."
Posted at 10:44 PM by Howard Bashman


"Supreme Court to hear two 'landmark' indigenous rights cases": The Canadian Press has this report.
Posted at 08:11 PM by Howard Bashman


"Lawyer who argued for landmark SCOTUS privacy decision says Trump 'is a moron'; Pivotal judge in 1967 Katz case says privacy will be a 'tough ride' from here": Cyrus Farivar of Ars Technica has this report.
Posted at 08:07 PM by Howard Bashman


"California considers ban on sex between lawyers and clients": Sudhin Thanawala of The Associated Press has a report that begins, "The nation's largest state bar association is overhauling ethics rules for attorneys for the first time in 30 years, and some lawyers are unhappy about a proposal that would open them up to discipline for having sex with clients."
Posted at 07:51 PM by Howard Bashman


"Death penalty, the mentally disabled at issue for justices": The Associated Press has this report.
Posted at 07:46 PM by Howard Bashman


"Supreme Court vacancy dominates talk at national lawyers convention": Robert Barnes has this article in today's edition of The Washington Post.
Posted at 09:04 AM by Howard Bashman


Saturday, November 26, 2016

"Billionaires vs. the Press in the Era of Trump: A small group of superrich Americans -- the president-elect among them -- has laid the groundwork for an unprecedented legal assault on the media; Can they succeed?" Emily Bazelon will have this article in tomorrow's edition of The New York Times Magazine.
Posted at 03:10 PM by Howard Bashman


"Lee v. Tam: Offensive Trademarks at the Supreme Court -- Speech Rights and Government Prerogative (A Series); Part Two: Offensive Speech Connected with Government Approval." Erica Goldberg recently had this post at her "In a Crowded Theater" blog.
Posted at 03:02 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: 'The Most Important Separation-of-Powers Case in a Generation.'" Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 02:57 PM by Howard Bashman


"Trump's Next Battle: Keeping These Republican Senators Happy." The new installment of Carl Hulse's "On Washington" column begins, "While much of the attention in Washington is on who will fill the Trump cabinet, it is already clear who some of the most important people will be when it comes to fulfilling the Trump agenda. One group will be particularly well positioned to either accommodate or infuriate Donald J. Trump: a handful of independent-minded Republican senators who have shown a willingness to break with the president-elect and have readily split with their own party on issues in the past."
Posted at 02:53 PM by Howard Bashman


Friday, November 25, 2016

Strange way to begin a majority opinion has been vacated by granting of rehearing en banc: On September 28, 2016, Circuit Judge Robin S. Rosenbaum of the U.S. Court of Appeals for the Eleventh Circuit issued a majority opinion on behalf of a divided three-judge panel that began, "When I was growing up, my parents told me not to judge a book by its cover."

Sadly for those who admire non-traditional majority opinion opening lines, on Monday of this week the Eleventh Circuit issued an order granting rehearing en banc in the case, which had the effect of vacating the three-judge panel's majority opinion and judgment.
Posted at 05:42 PM by Howard Bashman



"Consumer Protection Bureau Chief Braces for a Reckoning": Stacy Cowley has this article in today's edition of The New York Times.
Posted at 05:24 PM by Howard Bashman


"Boulder magnet company wins a court victory against CPSC": Ben Miller of the Denver Business Journal has this report.

And at the "Consumerist" blog, Chris Morran has a post titled "Court Overturns Federal Ban On Potentially Dangerous, High-Power Magnet Toys, Gadgets."

You can access Tuesday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 05:02 PM by Howard Bashman



"'Madden NFL' Creator Loses Appeal Over Video Game Royalties; Electronic Arts gets the win because Robin Antonick failed to introduce source code at trial to show how later versions of game were similar to his original": 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 on Tuesday.
Posted at 04:40 PM by Howard Bashman


"Appeals court: It doesn't matter how wanted man was found, even if via stingray; Dissenting judge: 'It is time for the stingray to come out of the shadows.'" Cyrus Farivar of Ars Technica has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued on Wednesday.
Posted at 04:20 PM by Howard Bashman


"How Trump DOJ could upend one of the biggest business cases facing SCOTUS": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 03:58 PM by Howard Bashman


"Eves loses appeal of federal lawsuit against LePage; The outgoing House speaker sued Maine's governor in 2015 after LePage intervened in Eves' hiring as president of Good Will-Hinckley": Scott Thistle of The Portland Press Herald has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the First Circuit issued on Tuesday.
Posted at 03:39 PM by Howard Bashman


"Puerto Rico takes step toward having reps; Boston appeals panel moves suit forward": Bob McGovern of The Boston Herald has an article that begins, "A dogged attorney from Puerto Rico who has been fighting for years to get his homeland five seats in the U.S. House of Representatives says he is as close as ever to victory after a decision by a federal appeals court that could allow his arguments to move forward."

You can access Wednesday's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 03:38 PM by Howard Bashman



Thursday, November 24, 2016

"Overtime Rule Is but the Latest Obama Initiative to End in Texas Court": Noam Scheiber and Barry Meier have this article in today's edition of The New York Times.
Posted at 01:26 PM by Howard Bashman


"A judge, not a justice, Garland expected to return to cases": Jessica Gresko of The Associated Press has a report that begins, "Judge Merrick Garland will soon put on his black judicial robe for the first time in months. The bad news for President Barack Obama's nominee to the Supreme Court is that Garland's going back to hearing cases at his old job, not the high court."
Posted at 12:15 PM by Howard Bashman


"Judging Trump: Supreme Court choice on president-elect's immediate agenda." Bill Mears of FoxNews.com has this report.
Posted at 12:04 PM by Howard Bashman


"Chasing Abortion Rights Across the State Line": Linda Greenhouse has this essay online today at The New York Times.
Posted at 11:57 AM by Howard Bashman


Wednesday, November 23, 2016

"California's top court will review major public pension ruling": Maura Dolan of The Los Angeles Times has an article that begins, "The California Supreme Court decided Tuesday to review a ruling that would give state and local governments new authority to cut public employee pensions."
Posted at 11:10 PM by Howard Bashman


"Can Trump put another Justice Scalia on the Supreme Court?" David G. Savage of The Los Angeles Times has this report.
Posted at 10:57 PM by Howard Bashman


"'Snookered' Supreme Court Pushes Back in Billion Dollar Antitrust Case": Kimberly Robinson of Bloomberg BNA has this report.
Posted at 10:52 PM by Howard Bashman


"Florida Supreme Court hands down new ruling in fight over death penalty": Rene Stutzman and Gal Tziperman Lotan of The Orlando Sentinel have this report.

And Chris Geidner of BuzzFeed News reports that "Florida Supreme Court Signals Possible Upheaval For State's Death Row."

You can access today's ruling of the Supreme Court of Florida at this link.
Posted at 10:47 PM by Howard Bashman



"Voting Rights in the Age of Trump": In yesterday's edition of The New York Times, Ari Berman had an op-ed that begins, "In June 2013, the Supreme Court ruled in Shelby County v. Holder that states with a long history of racial discrimination no longer needed to approve any proposed changes to their voting procedures with the federal government, as had long been required under the Voting Rights Act. That meant this year's presidential election was the first in 50 years without the full protections of the act."
Posted at 10:35 PM by Howard Bashman


"Trump's SCOTUS Shortlister Kethledge Doesn't Mince Words": Patrick Gregory of Bloomberg BNA has this report.
Posted at 08:35 PM by Howard Bashman


Tuesday, November 22, 2016

"Senate trade-off: More Obama judges, Trump gets nominees." Mary Clare Jalonick of The Associated Press has an article that begins, "Republicans are gleeful over Democratic-engineered rule changes that will make it easier for President-elect Donald Trump to get his Cabinet nominees through the Senate. Yet Democrats see a lasting upside from what they did: allowing President Barack Obama to shape the federal judiciary for years to come."
Posted at 08:44 PM by Howard Bashman


"Does the Constitution put limits on a president's private business ties?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:27 PM by Howard Bashman


Monday, November 21, 2016

Programming note: On Tuesday, I will be attending an out-of-the-office meeting that could last all day in connection with an appeal on which I am working. As a result, new posts may not appear here until Tuesday evening.

As always while I am away from my office, in the interim appellate-related retweets may appear on this blog's Twitter feed.
Posted at 11:28 PM by Howard Bashman



"Goodyear asks SCOTUS to restrict federal judges' inherent sanctions power": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 11:11 PM by Howard Bashman


"Appeals court: 'King Kong' comment prejudiced all-white jury." Meg Kinnard of The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 11:04 PM by Howard Bashman


"U.S. court upholds AstraZeneca, Ranbaxy win in Nexium antitrust trial": Brendan Pierson of Reuters has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued today.
Posted at 10:34 PM by Howard Bashman


"UK's top judge unveils plan to make supreme court more diverse; Lord Neuberger, who retires in 2017, says flexible working will be offered for new appointees to white male-dominated bench": Owen Bowcott of The Guardian (UK) has this report.

And Kate McCann of The Telegraph (UK) reports that "President of the Supreme Court announces he will resign after controversial Article 50 hearing."
Posted at 08:40 PM by Howard Bashman



"Former Roberts Court Clerks' Success Litigating Before the Supreme Court": Adam Feldman has posted this paper online at SSRN.
Posted at 08:32 PM by Howard Bashman


"Supreme Court won't investigate leaks": Patrick Marley of The Milwaukee Journal Sentinel has an article that begins, "The Wisconsin Supreme Court declined Monday to appoint a special master to investigate leaks from a long-running John Doe probe to a newspaper, leaving it to Attorney General Brad Schimel to look into it on his own."
Posted at 08:30 PM by Howard Bashman


"Will John Roberts Save the Supreme Court From Donald Trump? Maybe not -- but he might." Lara Bazelon has this jurisprudence essay online today at Slate.
Posted at 08:06 PM by Howard Bashman


"Reasons to Suspect Trump Will Nominate a Federal Court of Appeals Judge to SCOTUS": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 11:02 AM by Howard Bashman


"The D.C. Circuit, the Trump Administration, and Chevron Step One-and-a-Half": Daniel Hemel and Aaron Nielson have this post at the "Notice & Comment" blog of the Yale Journal on Regulation.

Also at that blog, Nielson has another post titled "D.C. Circuit Review -- Reviewed: Dear Congress . . ."
Posted at 10:22 AM by Howard Bashman



"The Total Trumpism of Jeff Sessions, Attorney General Nominee": Amy Davidson has this post online at The New Yorker.
Posted at 10:15 AM by Howard Bashman


"If Animals Have Rights, Should Robots? We can think of ourselves as an animal's peer -- or its protector. What will robots decide about us?" Nathan Heller has this A Critic at Large essay in the November 28, 2016 issue of The New Yorker.
Posted at 10:10 AM by Howard Bashman


"Post-Election, Liberals Invoke States' Rights; In response to Trump's hostility toward immigrants, political leaders in New York and California vow to protect their most vulnerable": Jelani Cobb has this Comment in the Talk of the Town section of the November 28, 2016 issue of The New Yorker.
Posted at 10:04 AM by Howard Bashman


"Conservative Lawyers Take Up The Unexpected Opportunity Of Trump's Win; At the Federalist Society convention, a look back at Justice Antonin Scalia's life became a look ahead at unified Republican governance -- and a revived conservative trajectory for the Supreme Court": Chris Geidner of BuzzFeed News has this report.
Posted at 08:03 AM by Howard Bashman


"The Administrative Law Originalism of Neil Gorsuch": David Feder has this post today at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 07:56 AM by Howard Bashman


"UNC's affirmative action lawsuit moves forward with Supreme Court ruling": Felicia Bailey of The Daily Tar Heel has an article that begins, "UNC has been fighting a lawsuit against its affirmative action practices for two years, but a precedent-setting Supreme Court ruling from June indicates that the University's prospects are good."
Posted at 07:53 AM by Howard Bashman


Sunday, November 20, 2016

"McCain to Trump: Waterboarding won't be reinstated." The Associated Press has this report.
Posted at 10:12 PM by Howard Bashman


"US Supreme Court could hear Impression Products, Lexmark case" Max Garland of The Charleston (W. Va) Gazette-Mail has an article that begins, "A small Charleston company that refills and resells empty toner cartridges could soon be defending itself before the Supreme Court of the United States."
Posted at 10:04 PM by Howard Bashman


"Trump's Supreme Court Priority: An early nomination is important to deal with Obama's regulations." The Wall Street Journal has posted this editorial online.

Online at National Review, John Fund has an essay titled "Trump Would Relish a Supreme Court Fight."

And at National Review's "The Corner" blog, John G. Malcolm has a post titled "The Trump List of Possible Justices Is Great, but Two Names Are Missing."
Posted at 09:46 PM by Howard Bashman



"Supreme Court wannabes audition in Scalia's shadow": Richard Wolf of USA Today has this report.
Posted at 11:14 AM by Howard Bashman


Saturday, November 19, 2016

"SCOTUS dismissal of ATM fees case: Visa, MasterCard swung for a home run, called out on strikes." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 09:58 PM by Howard Bashman


"Obama-Era Court Fights Become Mission Impossible After Trump Win": Erik Larson and Andrew M Harris of Bloomberg News have this report.
Posted at 09:18 PM by Howard Bashman


"Texas was Obama's chief antagonist; In Trump's America, California is eager for the part": Jazmine Ulloa and Melanie Mason of The Los Angeles Times have this report.
Posted at 08:30 PM by Howard Bashman


"Can Libel Laws Be Changed Under Trump?" Sydney Ember had this article in Monday's edition of The New York Times.
Posted at 08:10 PM by Howard Bashman


"Overturning Roe v Wade is a fantasy; Abortion rights are here to stay": Bruce Fein has this essay online at The Washington Times.
Posted at 01:50 PM by Howard Bashman


"CFPB Appeals Ruling That Declared Its Structure Unconstitutional; The Consumer Financial Protection Bureau asks court to review October decision that gained significance with Republican election victories": Yuka Hayashi of The Wall Street Journal has this report.

You can view the CFPB's D.C. Circuit petition for rehearing en banc at this link.
Posted at 01:44 PM by Howard Bashman



"Court throws out major cases on ATM fees": Lyle Denniston has a blog post that begins, "In a ruling likely to be a deep embarrassment for experienced lawyers, the Supreme Court on Thursday refused to decide a major dispute it had agreed to hear because the attorneys for the companies involved had switched their argument as the case moved toward a hearing."
Posted at 01:36 PM by Howard Bashman


"Jeff Sessions as Attorney General: An Insult to Justice." This editorial appears in today's edition of The New York Times.
Posted at 01:32 PM by Howard Bashman


"Why Korematsu Is Not a Precedent": Law professor Noah Feldman has this essay online at The New York Times.
Posted at 01:28 PM by Howard Bashman


Friday, November 18, 2016

"Alabama Supreme Court: Prosecutor didn't discriminate in jury picks in death penalty case." Kent Faulk of The Birmingham News has an article that begins, "The Alabama Supreme Court today for a second time has upheld the conviction and sentence of a death row inmate who says prosecutors struck 10 of 11 blacks from the jury pool at his trial."

You can access today's ruling of the Supreme Court of Alabama at this link.
Posted at 11:00 PM by Howard Bashman



"Trump's appointment of son-in-law could rest on Clinton precedent; In the early '90s, an appeals court suggested that anti-nepotism laws didn't bar Hillary from the White House health task force": Josh Gerstein of Politico.com has this report.

In addition, Gerstein has a blog post titled "Citing Trump win, feds move to put immigration suit on ice."
Posted at 10:44 PM by Howard Bashman



"Do Democrats regret the 'nuclear option' now that Trump will be president?" Ted Barrett of CNN.com has this report.
Posted at 10:38 PM by Howard Bashman


"GOP could nuke filibuster for Supreme Court nominees; Republicans warn that Democratic obstruction of Trump's pick will come at a steep -- possibly historic -- price": Burgess Everett of Politico.com has this report.
Posted at 08:58 PM by Howard Bashman


"Conservatives let themselves dream big about Scalia's replacement": Ariane de Vogue of CNN.com has this report.
Posted at 03:36 PM by Howard Bashman


"How Trump Could Reshape the Lower Federal Courts": Russell Wheeler has this post today at the "FixGov" blog of The Brookings Institution.
Posted at 01:48 PM by Howard Bashman


"'First line of defense': Democratic states vow to fight Trump in court." Lawrence Hurley of Reuters has this report.
Posted at 09:00 AM by Howard Bashman


"Justice Clarence Thomas Remarks at Federalist Society Convention": C-SPAN has posted the video at this link.
Posted at 08:59 AM by Howard Bashman


Thursday, November 17, 2016

"Gay cake case may be heading for UK supreme court; Northern Ireland attorney general applies for leave to appeal to top court to review ruling against Ashers Bakery in Belfast": Henry McDonald of The Guardian (UK) has this report.
Posted at 10:50 PM by Howard Bashman


"Don Willett's Quiet Revolution: Social media's most famous judge is at the forefront of a conservative legal movement that's redefining what it means to be a judicial activist; And he's on Donald Trump's Supreme Court short list." Eric Benson of The Texas Observer has this report.
Posted at 10:10 PM by Howard Bashman


"Coming Soon: Trump Supreme Court Nominee." Kimberly Robinson of Bloomberg BNA has this report.
Posted at 10:06 PM by Howard Bashman


"Appeals court rejects lawsuit against California egg law": The Associated Press has this report on a decision that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 08:58 PM by Howard Bashman


"U.S. Supreme Court allows ATM fees lawsuits to proceed": Lawrence Hurley of Reuters has this report.

Brent Kendall of The Wall Street Journal reports that "Supreme Court Drops Appeal by Credit Card Companies and Banks; Move allows lawsuits alleging Visa, Mastercard and others conspired to set anticompetitive ATM fees to proceed."

And The Associated Press reports that "High court dismisses case over high ATM fees."
Posted at 08:40 PM by Howard Bashman



"Donald Trump and the Supreme Court": The National Constitution Center has posted online this "We the People" podcast featuring Dahlia Lithwick and law professor Jonathan Adler.
Posted at 08:11 PM by Howard Bashman


"How Painful Can Trump Make the Lives of Immigrants? The threats he actually will and won't be able to follow through on." Law professor Amanda Frost has this jurisprudence essay online at Slate.
Posted at 08:05 PM by Howard Bashman


"Alabama death row inmate agrees to untried one-drug lethal injection": Kent Faulk of The Birmingham News has this report.
Posted at 08:00 PM by Howard Bashman


"How Trump Can Reshape the Courts": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 07:55 PM by Howard Bashman


SCOTUSDaily interviews Jeffrey Toobin of The New Yorker: You can read the interview at this link.
Posted at 03:18 PM by Howard Bashman


"Samuel Alito: America faces 'unprecedented challenges to our constitutional structure.'" Bradford Richardson of The Washington Times has this report.

Mark Sherman of The Associated Press reports that "Justice Alito rallies conservatives in tribute to Scalia."

Lawrence Hurley of Reuters reports that "Alito outlines possible conservative agenda for U.S. high court."

Cristian Farias of The Huffington Post reports that "No Talk Of Donald Trump For Justice Alito At Big Conservative Lawyers' Convention; The Federalist Society helped the president-elect compile a list of Supreme Court candidates."

And in earlier coverage, Jennifer Harper of The Washington Times had an article headlined "The heavyweights: Clarence Thomas, Samuel Alito, Ted Cruz head for Federalist Society convention."
Posted at 03:14 PM by Howard Bashman



"Short & Sweet? Judge Wood: Lower Word Limits Unnecessary." Melissa Heelan Stanzione of Bloomberg BNA has this report, in which I am extensively quoted.
Posted at 02:55 PM by Howard Bashman


Programming note: Due to a meeting out-of-the-office this morning with trial counsel in one of the several new appeals on which I am working, additional posts will appear here this afternoon.

In the interim, appellate-related retweets are likely to appear on this blog's Twitter feed.
Posted at 08:50 AM by Howard Bashman



"$45K witness-intimidation fine upheld against attorney Raynor": Aswin Mannepalli has this article in today's edition of The Philadelphia Inquirer reporting on a ruling that the Superior Court of Pennsylvania issued on Tuesday.
Posted at 07:49 AM by Howard Bashman


"Judge cites Porngate emails in granting appeal hearing to claw-hammer killer": Jeremy Roebuck has this front page article in today's edition of The Philadelphia Inquirer.
Posted at 07:44 AM by Howard Bashman


Wednesday, November 16, 2016

"Democrats' new Senate leader open to filibustering Trump's Supreme Court picks": Seth McLaughlin of The Washington Times has this report.

S.A. Miller of The Washington Times reports that "Ted Cruz not on Donald Trump's list for Supreme Court picks, insiders say."

And at the "PowerPost" blog of The Washington Post, Mike DeBonis has an entry titled "Sen. Dianne Feinstein will lead Democrats as they take on Trump's Supreme Court nominees."
Posted at 11:48 PM by Howard Bashman



"Book talk addresses Supreme Court vacancy": Hailey Fuchs of The Yale Daily News has this report.
Posted at 11:35 PM by Howard Bashman


"You Can't Shun a Supreme Court Justice": Law professor Stephen L. Carter has this essay online today at Bloomberg View.
Posted at 11:32 PM by Howard Bashman


"Scalia's Final Vote: The Supreme Court vacancy loomed large in the election last week." Law professor John O. McGinnis has this essay online at City Journal.
Posted at 11:27 PM by Howard Bashman


"GOP accuses Democrats of 'fighting to steal' Ohio Supreme Court election": Randy Ludlow of The Columbus Dispatch has this report.
Posted at 11:20 PM by Howard Bashman


"Obama Can and Should Put Merrick Garland on the Supreme Court: The outgoing president has one final trump card -- and he should play it." David Dayen has this essay online at The New Republic.
Posted at 11:14 PM by Howard Bashman


"Two Questions for Donald Trump's Supreme Court Nominees: Will they reconsider bad precedent? Or put the court's 'legitimacy' first?" Law professor Randy Barnett has this essay online at The Wall Street Journal.
Posted at 11:04 PM by Howard Bashman


"Pro-gay marriage cake case to go before Supreme Court; The case of Christian bakers found to have breached equality laws by refusing to make a pro-gay marriage cake is set to go before the UK's highest court": The Belfast Telegraph has this report.
Posted at 10:57 PM by Howard Bashman


"John Roberts's mission impossible for the Supreme Court: Chief Justice John Roberts has spoken of wanting to make the Supreme Court less political; That could be needed in the year ahead." Henry Gass of The Christian Science Monitor has this report.
Posted at 10:48 PM by Howard Bashman


"Ex-Goldman director Gupta seeks reversal in insider trading case": Nate Raymond of Reuters has a report that begins, "A U.S. appeals court on Wednesday signaled it was unlikely to overturn the 2012 insider trading conviction of Rajat Gupta, a former director of Goldman Sachs Group Inc and global managing director of McKinsey & Co."
Posted at 05:55 PM by Howard Bashman


"Maggie Upshaw, '16, Wins Bristow Fellowship": Becky Beaupre Gillespie of the University of Chicago Law School has this report.
Posted at 05:50 PM by Howard Bashman


"Confirmed: Trump Will Pick From SCOTUS List." Kimberly Robinson of Bloomberg BNA has this report.
Posted at 05:16 PM by Howard Bashman


"North Carolina's War on Voters Is Heating Up: Conservatives are openly considering packing the state Supreme Court; Can anyone stop them?" Spencer Woodman has this article online at The New Republic.
Posted at 05:10 PM by Howard Bashman


"Expect the Expected From Trump's Supreme Court Pick": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 04:38 PM by Howard Bashman


"Third Circuit Says Territory Can't Impair Union Contracts": Lorraine Bailey of Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.
Posted at 01:42 PM by Howard Bashman


Domestic relations exception to federal diversity jurisdiction requires dismissal of Irish v. Irish, First Circuit holds: You can access Monday's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 01:37 PM by Howard Bashman


Second Circuit to stream live video of historical re-enactment of the 1913 Wright v. Curtiss Aeroplane Patent Litigation this evening: The program is scheduled to start at 6 p.m. eastern time tonight, and you can view the live video via this link.
Posted at 01:22 PM by Howard Bashman


"Appeals court rules Lockett execution was not cruel and inhumane; Lengthy 2014 execution at McAlester involved an improperly inserted IV": Robert Boczkiewicz has this article online at The Tulsa World.

The Associated Press reports that "Appeals court upholds dismissal of botched execution lawsuit."

And online at Slate, Mark Joseph Stern has a post titled "Appeals Court Calls the Torture and Botched Execution of an Inmate an 'Innocent Misadventure.'"

You can access yesterday's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 01:12 PM by Howard Bashman



"Sotomayor in post-election appearance: 'We can't afford to despair.'" Ariane de Vogue of CNN.com has this report.

Sam Hananel of The Associated Press reports that "Sotomayor says nation 'can't afford to despair' over Trump."

At the "PowerPost" blog of The Washington Post, Robert Barnes has an entry titled "Sotomayor: Country can't afford for president to fail, but people must continue to be heard."

And in related news, MLive.com reports that "U-M to welcome Supreme Court Justice Sotomayor for bicentennial event."
Posted at 09:08 AM by Howard Bashman



"The federal birth-control mandate in limbo": Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:00 AM by Howard Bashman


Newest #SCOTUS thriller from Anthony Franze now available for pre-order on Amazon: The book is titled "The Outsider," and its plot summary begins:
Things aren't going well for Grayson Hernandez. Just graduated from a fourth-tier law school, he's drowning in student debt. The only job he can find is as a messenger at the Supreme Court, where he's forced to watch the best and the brightest from the outside -- the elite group of lawyers who serve as the justices' law clerks.

When Gray intervenes in a violent mugging, he finds himself in the good graces of the victim: the Chief Justice of the United States. Gray soon finds himself the newest -- and unlikeliest -- law clerk at the Supreme Court. It's another world: highbrow debates over justice and the law in the inner sanctum of the nation's highest court; upscale dinners with his new friends; attention from Lauren, the lead clerk whom he can't stop thinking about.

You can learn more about the book and can pre-order it on Amazon via this link.
Posted at 08:44 AM by Howard Bashman


"Outside Groups Set Spending Record in Judicial Races; More than $19 million spent on campaigns for top court seats in 27 states": Christie Thompson of The Marshall Project has this report.
Posted at 08:39 AM by Howard Bashman


Tuesday, November 15, 2016

"Internet Giants Warn of Mass User Terminations If Recent Appellate Ruling Left Untouched; A 2nd Circuit rehearing is demanded in the MP3Tunes case": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter.
Posted at 09:04 PM by Howard Bashman


"A turning point for transgender rights?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:03 PM by Howard Bashman


"State Supreme Court hears case of florist who refused gay couple": Lynn Thompson of The Seattle Times has this report.

Kristin M. Kraemer of The Tri-City Herald of Kennewick, Washington reports that "State Supreme Court hears arguments in Arlene's Flowers case."

And Bradford Richardson of The Washington Times reports that "Christian florist, 71, takes appeal to Washington Supreme Court in gay marriage case."
Posted at 08:42 PM by Howard Bashman



"UK's Supreme Court faces Brexit limelight": Andrew Hosken of BBC News has this report.

And Anushka Asthana and Rowena Mason of The Guardian (UK) report that "Supreme court judge hints at legal hitch that could seriously delay Brexit; Lady Hale raises possibility of PM having to replace 1972 act before triggering article 50, incurring wrath of anti-EU Tories."
Posted at 08:32 PM by Howard Bashman



"Who Donald Trump should appoint to the Supreme Court": Brett J. Talley has this essay today at CNN.com.
Posted at 08:23 PM by Howard Bashman


"Pa. Supreme Court's jail conversation ruling negates rape case recordings": Paula Reed Ward of The Pittsburgh Post-Gazette has this report.
Posted at 08:17 PM by Howard Bashman


"Supreme Court ruling to cost public-safety pension trust $220M in refunds to members; The divided court upheld a Maricopa County Superior Court ruling that found a 2011 pension-reform law unconstitutional': Craig Harris has this front page article in today's edition of The Arizona Republic.
Posted at 08:10 PM by Howard Bashman


"The president-elect and the Supreme Court: Donald Trump says the law is settled on gay marriage but not on abortion." Steven Mazie has this post today at the "Democracy in America" blog of The Economist.
Posted at 08:04 PM by Howard Bashman


"Barbra Streisand urges Obama to bypass Senate, appoint Supreme Court justice unilaterally": Valerie Richardson of The Washington Times has this report.
Posted at 08:02 PM by Howard Bashman


"Trump's Election Raises Host Of Issues For Supreme Court": Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered."
Posted at 07:56 PM by Howard Bashman


"Trump-Era Supreme Court a Threat to Public Sector Unions?" Kevin McGowan of Bloomberg BNA has this report.
Posted at 02:14 PM by Howard Bashman


Seventh Circuit declines Wisconsin school district's request for immediate appeal in transgender student's restroom access case: You can access yesterday's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.

This matter is procedurally interesting because the district court initially certified its ruling for interlocutory appeal by permission, but then vacated that order before the Seventh Circuit had decided whether to accept the appeal. Under these circumstances, the Seventh Circuit held yesterday that it lacked jurisdiction to allow the appeal to proceed.
Posted at 01:42 PM by Howard Bashman



Federal Circuit revives trademark dispute between an Illinois church and Adidas: You can access yesterday's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 01:32 PM by Howard Bashman


"Legal scholarship highlight: The Amicus Machine." Law professors Allison Orr Larsen and Neal Devins have this guest post today at "SCOTUSblog."
Posted at 11:44 AM by Howard Bashman


"When the inaugural parade passes the Trump hotel, will protesters be there, too?" Ann E. Marimow has this article in today's edition of The Washington Post reporting on an oral argument (78.5 MB mp3 audio file) that occurred yesterday before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.
Posted at 11:32 AM by Howard Bashman


"Ruth Bader Ginsburg utters the words: 'President Trump.'" Robert Barnes has this blog entry at the "PowerPost" blog of The Washington Post.
Posted at 11:24 AM by Howard Bashman


"Merrick Garland: What happens now?" Ariane de Vogue of CNN.com has this report.

The article's first paragraph suggests that D.C. Circuit Chief Judge Merrick B. Garland won't be returning to the task of judging cases in that court until January 2017. (My earlier uninformed musings on this topic can be accessed here). If that's true, then here's hoping he has plenty of credit card points and miles and hotel points saved up so that he can take some long overdue journeys to exotic locations over the next two months that there never was quite enough time to embark on given the daily grind. Maybe he will emerge back on the bench in January looking something like David Letterman in India (see the full video here).
Posted at 11:18 AM by Howard Bashman



"The Republican blueprint for Supreme Court nominations": Joan Biskupic of CNN.com has this report.
Posted at 11:02 AM by Howard Bashman


"Will the Third Circuit start posting oral-argument video? Highlights from the Third Circuit's Judges and Journalists program." Matthew Stiegler has this very interesting post -- in which "How Appealing" is mentioned -- at his "CA3blog."
Posted at 10:55 AM by Howard Bashman


Inside baseball -- Third Circuit eliminates Option B for Appendix-filing: Without any fanfare and, to my knowledge, without any advance notice, on Wednesday of last week the U.S. Court of Appeals for the Third Circuit issued an order eliminating Option B for filing the Appendix on appeal.

The immediate reaction of the vast majority of this blog's readers is certain to be "Oh no, not Option B!" followed shortly thereafter by "What the heck is Option B anyhow?" The details of Option B can be found in this order that the Third Circuit issued on March 17, 2009. Among other things, Option B allowed one to exceed the word limits ordinarily applicable to principal briefs by 75 words (and presumably by 37.5 words in a reply brief).

In the six and a half-plus years that Option B has been in existence for Appendix-filing in the Third Circuit, I have used it, and have seen it used by opposing parties in appeals on which I am working, only on rare occasions. Chances are few readers of this blog will miss Option B, but if you are one of those who will, at least now you know it's history.
Posted at 10:44 AM by Howard Bashman



"The Highest Court": In the November 21, 2016 issue of The New Yorker, Jeffrey Toobin has this seven-paragraph essay, part of a larger collection titled "Aftermath: Sixteen Writers on Trump's America."
Posted at 09:18 AM by Howard Bashman


"Confirm Merrick Garland, and end the partisan pettiness over the Supreme Court": This editorial appears in today's edition of The Los Angeles Times.
Posted at 08:44 AM by Howard Bashman


"An Alternate Take on Trump's Potential Supreme Court Nominees": Adam Feldman has this very interesting post at his "Empirical SCOTUS" blog.
Posted at 08:30 AM by Howard Bashman


Monday, November 14, 2016

Missing Linda Greenhouse: A brief for appellants and joint appendix I had due today at the U.S. Court of Appeals for the Third Circuit -- combined with my having been away from my office attending the 2016 Appellate Judges Institute Summit for the previous four days -- caused me to have to miss attending a program that the Third Circuit hosted today at the National Constitution Center at which Linda Greenhouse was the luncheon keynote speaker.

Speaking of the 2016 AJEI Summit, Ed Whelan continues a discussion from his panel in two posts (here and here) at National Review's "Bench Memos" blog. For those who missed it, you can access a few tweets (here, here, and here) about the most exciting part of that panel's presentation. Amy Howe of "SCOTUSblog" had the pleasure of moderating the only panel at this year's Summit that had a reasonable prospect of erupting into fisticuffs.

And The Associated Press is still a little unhappy that it wasn't able to cover Justice Elena Kagan's remarks at the AJEI Summit. At least various law bloggers, including yours truly, were there to tweet about it.
Posted at 11:58 PM by Howard Bashman



"Above the Law" and "Gawker" on appeal at the Seventh Circuit: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 11:48 PM by Howard Bashman


"Confirming Judges in the 2016 Senate Lame Duck Session": Law professor Carl Tobias has this essay online at the Journal of Constitutional Law of the University of Pennsylvania Law School.
Posted at 11:42 PM by Howard Bashman


"Ruth Bader Ginsburg: post-election, 'perhaps Congress will do some work.'" Ariane de Vogue of CNN.com has this report.
Posted at 11:35 PM by Howard Bashman


"Could a Trump Administration Overturn Roe v. Wade?" Lisa Ryan has this blog post online today at New York Magazine.

And online today at Bloomberg View, law professor Noah Feldman has an essay titled "Trump's Threat to Abortion Rights Isn't Immediate."
Posted at 10:14 PM by Howard Bashman



"Republicans Stole the Supreme Court: Democrats, don't let them get away with it." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:05 PM by Howard Bashman


"Federal courts will shift to the right under Trump": Richard Wolf of USA Today has this report.
Posted at 04:23 PM by Howard Bashman


"Trump's Supreme Court List: Ivy League? Out. The Heartland? In." Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 04:20 PM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.
Posted at 09:32 AM by Howard Bashman


Sunday, November 13, 2016

Access the November 2016 issue of the Harvard Law Review: Via this link. It's the annual U.S. Supreme Court Term-in-review issue.

This month's issue includes "In Memoriam: Justice Antonin Scalia," featuring essays from, among others, three current Justices.

Law professor Jamal Greene has an essay titled "The Age of Scalia."

Law professor Kimberly Jenkins Robinson has a comment titled "Fisher's Cautionary Tale and the Urgent Need for Equal Access to an Excellent Education."

And law professor Josh Blackman has a comment titled "Gridlock."
Posted at 08:44 PM by Howard Bashman



"Trump win resets culture war debate on abortion, LGBT rights": The Associated Press has this report.
Posted at 08:17 PM by Howard Bashman


"False witness: US judge tackles mistaken identifications." Maryclaire Dale of The Associated Press has this report.
Posted at 08:14 PM by Howard Bashman


"Trump's presidential pen could remake Supreme Court's agenda": Mark Sherman of The Associated Press has this report.
Posted at 11:44 AM by Howard Bashman


"Trump's Constitution: If we take the president-elect at his word, how afraid should we be?" The new installment of Slate's "Amicus" podcast, featuring Dahlia Lithwick, can be accessed here. Law professors Garrett Epps and Orin Kerr are this week's guests.
Posted at 11:42 AM by Howard Bashman


"Justice trades robes for opera costume": Mike Silverman of The Associated Press has an article that begins, " The curtain rose on Act 2 of 'The Daughter of the Regiment,' revealing the figure of a tiny woman barely visible in a large dome chair with her back to the audience. Suddenly, she swiveled around -- and there was Justice Ruth Bader Ginsburg."
Posted at 11:37 AM by Howard Bashman


"How President Trump Could Reshape the Supreme Court -- and the Country: The most lasting legacy of the Trump presidency could be the judges he appoints to the highest court; Here's what that could look like." Jeffrey Rosen has this article online at Politico Magazine.
Posted at 11:33 AM by Howard Bashman


"Bainbridge Island's Wiggins keeps lead in Supreme Court race": Andrew Binion of The Kitsap (Wash.) Sun has this report.
Posted at 06:54 AM by Howard Bashman


"Indian-American Amul Thapar on Trump's list for Supreme Court judge nominees": Press Trust of India has this report.
Posted at 06:50 AM by Howard Bashman


Saturday, November 12, 2016

"Could a North Texan Become the Next Supreme Court Justice?" Kris Gutierrez of NBC 5 of Dallas/Fort Worth has a report that begins, "Long before Donald Trump won the election, he released a list of names of potential Supreme Court nominees. There are 21 people on that list, and one is from North Texas."

And in related coverage, Dennis Owens of ABC 27 of Harrisburg, Pennsylvania reports that "Widener Law remembers fallen alum with scholarship." Harrisburg Magazine offers this gallery of photos from the scholarship dedication ceremony.
Posted at 09:44 PM by Howard Bashman



"The Future of U.S. v. Texas, Gloucester County School Board v. GG, and Zubik v. Burwell at #SCOTUS": Josh Blackman has this post today at his newly redesigned blog.

In addition, Josh was recently interviewed by Texas Standard for a piece titled "Here Are Four Supreme Court Cases Trump Could Throw Out; "Whatever President Obama''s pen and phone giveth, Donald Trump's Sharpie and Twitter can taketh away."
Posted at 09:28 PM by Howard Bashman



"Where Even Nightmares Are Classified: Psychiatric Care at Guantanamo; Secrecy, mistrust and the shadow of interrogation at the American prison limited doctors' ability to treat mental illness among detainees." Sheri Fink will have this front page article in Sunday's edition of The New York Times.
Posted at 09:22 PM by Howard Bashman


"State calls for Supreme Court to weigh in on polar bear habitat": Shady Grove Oliver of The Arctic (AK) Sounder has this report.
Posted at 02:16 PM by Howard Bashman


"Decisions on school finance, abortion ahead for Kansas Supreme Court": Bryan Lowry of The Wichita Eagle has this report.

And The Associated Press reports that "Kansas Supreme Court to take up cases fueling ouster efforts."
Posted at 02:11 PM by Howard Bashman



"D.C. Circuit Review - Reviewed: 13,000 Words." Aaron Nielson has this post today at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 02:01 PM by Howard Bashman


The 2016 Appellate Judges Education Institute Summit continues today in Philadelphia: This morning's program begins with a conversation with Justice Elena Kagan. Coverage may appear at this blog's Twitter feed.

Ninth Circuit Judge Consuelo M. Callahan offered some interesting comments yesterday while serving as a panelist on a panel titled "Making 31 Flavors of Opinions: Who's Eating What You're Serving?"

According to Judge Callahan, before the 2016 general election, two of her more senior colleagues on the Ninth Circuit -- one a very liberal judge, and the other a very conservative judge (both of whom previously participated in this blog's "20 questions for the appellate judge" feature) -- circulated a jointly written letter to the other judges on that court stating that the collegial relationship among them should remain unchanged regardless of how the election turned out.

Judge Callahan, who herself is one of the more conservative judges on the Ninth Circuit, explained that in dissent she is frequently writing to attract the U.S. Supreme Court's attention. Judge Callahan humorously explained that when one of her dissents is ultimately vindicated at SCOTUS, she often patiently waits by the phone to receive acknowledgement from one of her colleagues (or anyone else) that her view of the case was correct, but that call never comes, and eventually things return back to normal for her.
Posted at 07:15 AM by Howard Bashman



Friday, November 11, 2016

"Trump judge sided with Easton school district in 'boobies' case": Peter Hall of The Morning Call of Allentown, Pennsylvania has this article, in which I am quoted.

Greg Hilburn of The News Star of Monroe, Louisiana reports that "Trump's Supreme Court nominee could be ULM, Tulane grad."

And James Q. Lynch of The Quad City Times reports that "Grassley sees possibility of third Iowan on Supreme Court."
Posted at 10:50 PM by Howard Bashman



"GOP senators stole a Supreme Court pick from Obama, Democrat says": William Douglas of McClatchy DC has this report.
Posted at 10:16 PM by Howard Bashman


"The Pennsylvania Supreme Court Will Likely Be Democratic for the Next 6 Years; Thanks to voters raising the judicial retirement age on Tuesday, the Pa. Supreme Court will probably be majority-Democrat until at least 2022 -- and maybe longer": Dan McQuade of Philadelphia Magazine has this blog post today.
Posted at 10:10 PM by Howard Bashman


"A sailor's words put him in the brig. Was he making threats or blowing off steam?" Michael Doyle of McClatchy DC has this report.
Posted at 10:05 PM by Howard Bashman


"State GOP leaders could neutralize Democrats' Supreme Court majority by adding justices": Richard Craver and Bertrand Gutierrez of The Winston-Salem Journal have this report.
Posted at 10:02 PM by Howard Bashman


"Supreme Court Never Imagined a Litigant Like President Trump": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 09:58 PM by Howard Bashman


"Republican Victories Likely to Alter Supreme Court's Docket; President-elect Donald Trump is expected to nominate another conservative to court": Jess Bravin of The Wall Street Journal has this report.
Posted at 09:55 PM by Howard Bashman


"GOP feuds over how to kill Obamacare; Some want a quick end, while others fear throwing 20 million people off their coverage virtually overnight": Jennifer Haberkorn of Politico.com has this report.
Posted at 09:50 PM by Howard Bashman


"Anatomy Of A Rumor: On Justice Kennedy's 'Retirement' Next Year." David Lat has this post today at "Above the Law."
Posted at 05:12 PM by Howard Bashman


Thursday, November 10, 2016

"Two Cases Where Trump Could Rewrite the Rules": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 10:04 PM by Howard Bashman


"Trump's Victory Expands the Supreme Court -- and Shrinks Its Docket; The president-elect could very quickly dismantle Obama's legacy of executive action": Law professor Josh Blackman has this essay online today at National Review.
Posted at 09:57 PM by Howard Bashman


"Trump has 3 Michigan judges on U.S. Supreme Court list": Michael Gerstein and Chad Livengood of The Detroit News have this report.
Posted at 09:40 PM by Howard Bashman


"Bakers in pro-gay marriage cake row seek ruling on Supreme Court appeal; Christian bakers found to have breached equality laws by refusing to make a pro-gay marriage cake have asked judges to rule on whether they can appeal to the UK's highest court": The Belfast Telegraph has this report.

And ITV News reports that "Ashers bakery seeks Supreme Court bid over 'gay cake.'"
Posted at 09:34 PM by Howard Bashman



"How Far Have We Come Since 1952? The Supreme Court took on the gender roles of the 1950s on the day after Donald Trump's election." Scott Michelman has this Supreme Court dispatch online today at Slate.
Posted at 09:28 PM by Howard Bashman


"Teaching Students That Judge Judy Is Not a Supreme Court Justice": Elizabeth A. Harris has this article in today's edition of The New York Times.
Posted at 09:26 PM by Howard Bashman


"Arizona pension ruling could be costly for cities, state government": Howard Fischer of The Arizona Daily Star has an article that begins, "A 2011 state law requiring employees to pay more into their retirement plans is unconstitutional, the Arizona Supreme Court ruled today, potentially blowing a big hole in the budgets of state and local governments."

You can access today's ruling of the Supreme Court of Arizona at this link. Because four of the court's five justices recused themselves from the decision, four judges from lower courts who were selected to replace the recused justices participated in today's ruling.
Posted at 09:14 PM by Howard Bashman



"Trump's Election Looms Large Over U.S. Supreme Court": Brandi Buchman of Courthouse News Service has this report.
Posted at 05:26 PM by Howard Bashman


"SCOTUS hasn't looked at class action settlement in 17 years. Time to revisit?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 05:23 PM by Howard Bashman


"All Eyes on Trump SCOTUS List, Twitter Star Willett": Patrick Gregory of Bloomberg BNA has this report.
Posted at 05:20 PM by Howard Bashman


"Don't Expect the Supreme Court to Change Much": Law professor Cass R. Sunstein has this essay online at Bloomberg View.
Posted at 05:18 PM by Howard Bashman


"The Choice Confronting the Supreme Court's Chief Justice": Linda Greenhouse has this essay online at The New York Times.
Posted at 05:16 PM by Howard Bashman


Programming note: This afternoon, the 2016 Appellate Judges Education Institute Summit gets underway in Philadelphia. I will be attending the Summit, and on Sunday morning I will be moderating a panel.

As a result, new blog posts will appear here less frequently over the next several days, but a greater number of appellate-related retweets are likely to appear at this blog's Twitter feed.
Posted at 09:42 AM by Howard Bashman



"How McConnell won, and Obama lost, the Merrick Garland fight": Ariane de Vogue of CNN.com has this report.

And Burgess Everett of Politico.com reports that "McConnell's Supreme Court gamble pays off in spades; The Senate majority leader, in tandem with Donald Trump, is poised to mold the high court for a generation."
Posted at 08:10 AM by Howard Bashman



Wednesday, November 9, 2016

Bloomfield, New Mexico must remove Ten Commandments monument from its City Hall lawn, Tenth Circuit holds: You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link.

In earlier news coverage of the case, The Associated Press reported in September 2015 that "Court hears appeals on Ten Commandments marker."
Posted at 11:04 PM by Howard Bashman



"Deal names five judges to Georgia's two top courts": Greg Bluestein of The Atlanta Journal-Constitution has an article that begins, "Gov. Nathan Deal continued a transformation of the judiciary on Wednesday by tapping three new Georgia Supreme Court justices and two new judges on Georgia's Court of Appeals, stocking the court system with young conservatives who are poised to long outlast his tenure in office."

Earlier today, the office of Georgia Governor Nathan Deal issued a news release titled "Deal appoints three to Supreme Court of Georgia."

Georgia Supreme Court Justice-to-be Britt Grant currently serves as Solicitor General of Georgia and previously clerked for D.C. Circuit Judge Brett M. Kavanaugh.

And Georgia Supreme Court Justice-to-be Nels S.D. Peterson currently serves as a judge on the Georgia Court of Appeals and previously clerked for Eleventh Circuit Judge William H. Pryor, Jr.
Posted at 10:12 PM by Howard Bashman



"GOP Strategy Paved Way For Trump To Nominate Supreme Court Justice": Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered."
Posted at 09:42 PM by Howard Bashman


"John Roberts gets another chance for a conservative legacy": Joan Biskupic of CNN.com has this report.
Posted at 09:37 PM by Howard Bashman


"Pennsylvania voters approve raising judges' retirement age": Jan Murphy of The Patriot-News of Harrisburg, Pennsylvania has this report.
Posted at 08:37 PM by Howard Bashman


"Obama legacy imperiled as Trump weighs Supreme Court pick": Lawrence Hurley of Reuters has this report.
Posted at 08:22 PM by Howard Bashman


"Do Democrats still think 'we need nine' on the Supreme Court?" Columnist Michael McGough has this essay online at The Los Angeles Times.
Posted at 08:20 PM by Howard Bashman


"Trump's victory ensures a conservative majority on the Supreme Court": David G. Savage of The Los Angeles Times has this report.

Jess Bravin and Mark H. Anderson of The Wall Street Journal report that "Donald Trump Poised to Tilt Supreme Court; President-elect will have chance to fill Scalia's vacancy; as nominee, he said Second Amendment was 'under siege.'"

Richard Wolf of USA Today reports that "Trump's win keeps Supreme Court conservative."

Bob Egelko of The San Francisco Chronicle reports that "Trump's election will have significant impact on Supreme Court."

Ariane de Vogue of CNN.com has an article headlined "Who will Trump pick for the Supreme Court?"

Leada Gore of AL.com has an article headlined "Who will Donald Trump nominate to Supreme Court? Alabama native, former AG Bill Pryor among contenders."

And Jeremy Wallace of The Tampa Bay Times has a blog post titled "Will Trump turn to a Floridian for the Supreme Court?"
Posted at 08:14 PM by Howard Bashman



"The Election Changed The Politics Of The Supreme Court; Overnight, Donald Trump stopped the law's leftward shift": Chris Geidner of BuzzFeed News has this report.
Posted at 06:18 PM by Howard Bashman


"Charlie Wiggins retains Supreme Court seat despite campaign to oust him; Justice Charlie Wiggins beat back a well-funded challenge as one of three incumbent justices who reclaimed their seats on the Washington state Supreme Court": Steve Miletich of The Seattle Times has this report.
Posted at 05:40 PM by Howard Bashman


"Close Supreme Court race ends in win for Nakamura": Maggie Shepard of The Albuquerque Journal has this report.
Posted at 05:36 PM by Howard Bashman


"What the Trump Presidency Means for the Supreme Court": Adam Liptak of The New York Times has this report.

And Cristian Farias of The Huffington Post has an article headlined "Goodbye To All Those Hopes For A New, Liberal Supreme Court; And farewell, Merrick Garland."
Posted at 05:33 PM by Howard Bashman



"So long Roe vs. Wade? President Trump's most lasting legacy could be radical change at the Supreme Court." Law professor Erwin Chemerinsky has this essay online at The Los Angeles Times.
Posted at 05:30 PM by Howard Bashman


"'Notorious' Justice Ginsburg Wears Her 'Dissent Jabot' While Rome Burns": Rick Hasen has this post today at his "Election Law Blog."
Posted at 02:44 PM by Howard Bashman


"A 'view' from the courtroom: The election and U.S. values." Mark Walsh has this post today at "SCOTUSblog."
Posted at 02:42 PM by Howard Bashman


"Does a new President equal a new Supreme Court?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 02:40 PM by Howard Bashman


"Will Trump's Rule of Law Be Our Rule of Law? The fate of the entire legal apparatus of government is in the balance." Dahlia Lithwick has this jurisprudence essay online today at Slate.

Online at Bloomberg View, law professor Noah Feldman today has essays titled "The Constitution Is Built to Protect the Losers" and "Victory Speech Was Part Lincoln, Part Trump."

And online at The Atlantic, law professor Garrett Epps today has an essay titled "Donald Trump Has Broken the Constitution: The President-Elect is a figure out of authoritarian politics, not the American tradition."
Posted at 02:37 PM by Howard Bashman



"Immediate Effect of the Election on the Court and the Justices": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 02:30 PM by Howard Bashman


"Would Obama consider pardoning Clinton? Trump has promised to put her in jail, but Obama could forestall that possibility with the stroke of a pen." Josh Gerstein of Politico.com has this report today, along with an article headlined "President-elect Trump due to appear in court at trial starting later this month; The Republican nominee will have to juggle his legal headaches as he prepares for the White House."
Posted at 02:25 PM by Howard Bashman


"Trump victory puts Obamacare dismantling within reach": Jennifer Haberkorn of Politico.com has this report.
Posted at 02:23 PM by Howard Bashman


"What the 2016 presidential election means for the Third Circuit: take two." Matthew Stiegler has this post today at his "CA3blog."
Posted at 11:20 AM by Howard Bashman


The 2016 Appellate Judges Education Institute Summit begins tomorrow in Philadelphia: You can view the Summit's agenda at this link. A number of the programs look especially interesting given yesterday's election results.

I will be attending the entire four-day conference, and I am looking forward to seeing many of this blog's readers there too. Please follow this blog's Twitter feed for AJEI-related tweets during the Summit.
Posted at 11:08 AM by Howard Bashman



When will D.C. Circuit Chief Judge Merrick B. Garland return to hearing and deciding cases on that court? Now that last night's presidential and senatorial election returns have dashed all remaining hope of his U.S. Supreme Court confirmation, some observers have begun to wonder when Chief Judge Garland will return to hearing and deciding cases on the D.C. Circuit.

For reasons that I never fully understood, Chief Judge Garland chose to refrain from participating in the hearing and deciding of cases at the D.C. Circuit following his nomination to serve on the Supreme Court. He did, however, continue to perform certain other of his duties as chief judge of that court.

Given the manner in which the D.C. Circuit disposes of its cases, it is unlikely that many, if any, appeals in which Chief Judge Garland previously heard oral argument remain undecided. And all cases argued since then to three-judge panels already involve the requisite number of judges.

On September 27, 2016, the en banc D.C. Circuit (with Chief Judge Garland not participating) heard more than seven hours of oral argument in a case challenging the Environmental Protection Agency's Clean Power Plan. My earlier coverage of that oral argument can be accessed here. The case remains pending for decision by the en banc D.C. Circuit. It is unknown whether the outcome of that case is so closely divided that having an extra judge involved would make a difference. It would be very unusual for a judge who was intentionally sitting on the sidelines of a case to rejoin the decision-making process thereafter, but there certainly are times when an appellate judge cannot attend oral argument but participates in the decision after studying the briefs and listening to the oral argument audio or reading the argument transcript.

To be sure, the D.C. Circuit currently has more judges in active service than its workload would seem to justify. Nevertheless, I would expect Chief Judge Garland to return to work hearing and deciding cases at the D.C. Circuit as promptly as possible, regardless of whether his SCOTUS nomination remains officially pending until President-elect Trump takes office.
Posted at 10:38 AM by Howard Bashman



"Trump's victory has enormous consequences for the Supreme Court": Robert Barnes of The Washington Post has this report.

And Greg Stohr of Bloomberg News reports that "Trump Presidency Ends Liberals' Dream of Supreme Court Shift."
Posted at 10:20 AM by Howard Bashman



Access this blog's earlier coverage of President-elect Donald J. Trump's lists of potential U.S. Supreme Court nominees: My coverage of the list issued in May 2016 can be accessed here.

And my coverage of the additional list issued in September 2016 can be accessed here.
Posted at 08:30 AM by Howard Bashman



"All Kansas Supreme Court justices appear headed toward retention as votes are counted": Jonathan Shorman of The Topeka Capital-Journal has this report.

Laura Bauer of The Kansas City Star reports that "Kansans are favoring retaining Supreme Court justices."

Peter Hancock of The Lawrence Journal-World reports that "Kansas judges, justices ahead in retention fight, despite big-money campaign."

And Amy Renee Leiker of The Wichita Eagle reports that "Ouster group disappointed 'voters left bad justices in place.'"
Posted at 08:23 AM by Howard Bashman



"States' Supreme Court Election Results a Mixed Bag; Judicial elections weren't a clear sweep for either party": Louis Jacobson of Governing.com has this report.
Posted at 08:14 AM by Howard Bashman


"Supreme Obstruction and the 2016 Senatorial Election Mandate": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 08:12 AM by Howard Bashman


"GOP's Senate Victory Sets Stage for Trump High Court, Agenda": Steven T. Dennis, Laura Litvan, and Billy House of Bloomberg News have this report.

Todd Ruger of The Hill has an article headlined "Now It's Trump Who Can Recast the Supreme Court; Election results end hopes for Obama's long-languishing pick Merrick Garland."

Chris Sommerfeldt of The New York Daily News has an article headlined "What Donald Trump's 'ultra-conservative' Supreme Court will look like."

Geneva Sands and Audrey Taylor of ABC News have an article headlined "Where We Stand on Supreme Court Nominee Merrick Garland Now That Trump is President-Elect."

And at the "Democracy in America" blog of The Economist, Steven Mazie has a post titled "How the Supreme Court will change under President Trump."
Posted at 07:50 AM by Howard Bashman



"Donald Trump Is Elected President in Stunning Repudiation of the Establishment": Matt Flegenheimer and Michael Barbaro of The New York Times have this report.

And Jennifer Steinhauer of The New York Times reports that "Republicans, Buoyed by Trump's Performance, Keep Control of Senate."

The consequences of yesterday's elections on the future of the U.S. Supreme Court will be significant, and the current U.S. Senate's refusal to confirm a successor to Justice Antonin Scalia appears brilliant in retrospect.
Posted at 07:40 AM by Howard Bashman



Tuesday, November 8, 2016

"Ruth Bader Ginsburg, associate justice of the U.S. Supreme Court, to deliver annual Stanford lecture on a meaningful life; Ginsburg, a justice of the Supreme Court since 1993, was recently selected as the Rathbun Visiting Fellow by the Office for Religious Life": Stanford University News has this report.
Posted at 11:48 PM by Howard Bashman


"Morgan defeats Edmunds in N.C. Supreme Court race": The News & Observer of Raleigh, North Carolina has an article that begins, "The balance of the state Supreme Court shifted to the Democratic majority Tuesday as Mike Morgan defeated incumbent Robert 'Bob' Edmunds with 95 percent of precincts reporting."
Posted at 11:22 PM by Howard Bashman


"Pa. voters narrowly backing raising judges' retirement age": Angela Couloumbis of The Philadelphia Inquirer has this report.
Posted at 11:14 PM by Howard Bashman


View the current election results in Pennsylvania at that Commonwealth's Department of State web site: Via this link. These vote totals appear to be more current than what's available online at The New York Times.
Posted at 10:58 PM by Howard Bashman


"E. Barrett Prettyman Jr., Lawyer Who Fortified Desegregation Ruling, Dies at 91": This obituary, written by Sam Roberts, will appear in Wednesday's edition of The New York Times.
Posted at 10:50 PM by Howard Bashman


"Clinton, Obama, Garland, and the G.O.P." Ryan Lizza has this post online at The New Yorker.
Posted at 07:38 PM by Howard Bashman


"Supreme Court weighs cities' plea to sue banks for bias": The Associated Press has this report.

And Lawrence Hurley of Reuters reports that "U.S. justices could allow Miami to sue banks over lending bias."

Update: You can access at this link the transcript of today's U.S. Supreme Court oral argument in Bank of America Corp. v. Miami.
Posted at 01:20 PM by Howard Bashman



"Democrats keep losing voter intimidation suits -- but that could be a good thing": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 11:07 AM by Howard Bashman


Monday, November 7, 2016

"Miami Tries to Hold Banks Accountable for Bad Loans": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 10:04 PM by Howard Bashman


"Utah Supreme Court considers whether to let Tesla sell cars here": Ben Winslow of Fox 13 in Salt Lake City has this report.
Posted at 08:53 PM by Howard Bashman


"GOP Sen. Perdue says Senate must act on high court vacancy": The Associated Press has this report.
Posted at 08:23 PM by Howard Bashman


"The U.S. Supreme Court and the 2016 Election": Tomorrow's edition of The Legal Intelligencer -- Philadelphia's daily newspaper for lawyers -- will contain this month's installment of my "Upon Further Review" column.
Posted at 08:14 PM by Howard Bashman


"A supremely important choice: The court hangs in the balance, for Democrats, too." Law professor Rick Hasen -- author of the "Election Law Blog" -- has this essay online at The New York Daily News.
Posted at 08:11 PM by Howard Bashman


"Here are 5 Supreme Court judicial lessons that Trump and Clinton won't tell you about": Michael Doyle of McClatchyDC has this report.
Posted at 08:04 PM by Howard Bashman


"In Two Days, The Politics Of The Supreme Court Will Change; Most Republicans are likely to take a second look at Obama's Supreme Court nominee if Hillary Clinton wins on Tuesday -- regardless of what they're saying now": Chris Geidner of BuzzFeed News has this report.
Posted at 07:58 PM by Howard Bashman


"Can the Supreme Court handle a disputed election? Down one justice, an ideologically divided chamber risks a 4-4 split." Darren Samuelsohn and Josh Gerstein of Politico.com have this report.
Posted at 07:40 PM by Howard Bashman


"Why You Won't Get Your Day in Court": In the November 24, 2016 issue of The New York Review of Books, Senior U.S. District Judge Jed S. Rakoff (S.D.N.Y.) has an essay that begins, "Over the past few decades, ordinary US citizens have increasingly been denied effective access to their courts."
Posted at 05:02 PM by Howard Bashman


"The Presidential Election & the Supreme Court: The Perfect Storm." You can view tonight's broadcast of The American Law Journal, in which I was one of the in-studio guests, on YouTube at this link.
Posted at 04:35 PM by Howard Bashman


"OT 2016 #5: 'Why Do We Wear Robes?'" You can access the newly posted fifth episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 01:09 PM by Howard Bashman


"Joe Biden: The Senate's 'Outrageous' Dysfunction Is Infecting The Courts; The vice president sounded the alarm as HuffPost shadowed him on the campaign trail for a day." Jennifer Bendery and Omar Kasrawi of The Huffington Post have this report.
Posted at 01:06 PM by Howard Bashman


"Under the Radar With GVRs": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 12:58 PM by Howard Bashman


"A Coup Against the Supreme Court": This editorial appears in today's edition of The New York Times.
Posted at 07:10 AM by Howard Bashman


"To recoup losses from the housing collapse, Miami pursues a novel suit": Robert Barnes has this front page article in today's edition of The Washington Post.
Posted at 07:05 AM by Howard Bashman


Sunday, November 6, 2016

"Democrats ask SCOTUS to restore order barring voter intimidation in Ohio": Josh Gerstein and Darren Samuelsohn of Politico.com have this report.

And Lyle Denniston has a blog post titled "Plea for unimpeded voting in Ohio."
Posted at 11:11 PM by Howard Bashman



"In critical Missouri Senate race, Blunt says Supreme Court is key": Deirdre Shesgreen of USA Today has an article that begins, "Sen. Roy Blunt told voters across southwest Missouri on Saturday that he is the only thing standing between Hillary Clinton and a vastly reshaped Supreme Court."
Posted at 11:07 PM by Howard Bashman


"Mary Fairhurst elected chief justice of state Supreme Court": Joseph O'Sullivan of The Seattle Times has this report.
Posted at 11:00 PM by Howard Bashman


"Nigel Farage to lead 100,000-strong march on Supreme Court on day of historic Brexit court hearing": Christopher Hope of The Telegraph (UK) has this report.
Posted at 10:58 PM by Howard Bashman


"Texas Supreme Court case could clear hurdles for workplace rape victims": Lauren McGaughy of The Dallas Morning News has this report.
Posted at 05:24 PM by Howard Bashman


"Mending, not ending, stop-and-frisk": Law professor David Cole has this essay in today's edition of The Washington Post.
Posted at 05:20 PM by Howard Bashman


"Days Before The Election, One Place In Washington Rose Above Politics; It happened, as the Constitution would have it, at the Supreme Court of the United States": Cristian Farias of The Huffington Post has this report.
Posted at 05:13 PM by Howard Bashman


"Johnny Isakson, David Perdue reject long-term Supreme Court stonewall": Tamar Hallerman of The Atlanta Journal-Constitution has this blog post today.

And Randy Krehbiel of The Tulsa World has an article headlined "D.C. Report: Sen. Jim Inhofe says he would support right Supreme Court nominee from Hillary Clinton."
Posted at 01:38 PM by Howard Bashman



"Appeals court lifts voter-intimidation injunction against Trump and Stone": Josh Gerstein of Politico.com has this report.
Posted at 01:30 PM by Howard Bashman


"Gainesville neighbors' feud headed to Georgia Supreme Court; Consitutionality of 'good behavior bonds' at root of case": The Gainesville (Ga.) Times has this report.
Posted at 01:20 PM by Howard Bashman


"Judges battle for seats on Ohio Supreme Court": Jim Provance of The Toledo Blade has this report.
Posted at 01:05 PM by Howard Bashman


"Journal Poll: Nakamura, Vigil deadlocked in Supreme Court race." Dan Boyd has this article in today's edition of The Albuquerque Journal.
Posted at 01:00 PM by Howard Bashman


"Latino groups in Arizona stop collecting ballots after Supreme Court ruling": Rafael Carranza of The Arizona Republic has this report.
Posted at 12:52 PM by Howard Bashman


"Election Day Is a Turning Point for Supreme Court": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 12:33 PM by Howard Bashman


"6th Cir. Panel, Without Full Response from Democrats, Reverses OH Trump Voter Intimidation Order": Rick Hasen has this post at his "Election Law Blog."
Posted at 11:16 AM by Howard Bashman


"Final reckoning approaches for Obama's high court nominee": Lawrence Hurley of Reuters has this report.
Posted at 11:13 AM by Howard Bashman


"Judge Graber is nice. Judge Wallace and Judge Lynn (sitting by designation from Texas) are . . . less nice." So begins a post that law professor Shaun Martin published on Friday at his "California Appellate Report" blog.

My earlier coverage of Friday's ruling of a divided three-judge Ninth Circuit panel can be accessed here.
Posted at 11:09 AM by Howard Bashman



"Arizona Can Ban 'Ballot Harvesting,' Supreme Court Says": Adam Liptak has this article in today's edition of The New York Times.
Posted at 11:04 AM by Howard Bashman


"The 11 Supreme Court judges who could rule on UK's Brexit appeal": BBC News has this report.
Posted at 11:02 AM by Howard Bashman


"D.C. Circuit Review -- Reviewed: Justice Clarence Thomas's Top 25 Oral Arguments." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 10:56 AM by Howard Bashman


Saturday, November 5, 2016

"Fate of Obama legacy initiatives in hands of courts, successor": Lawrence Hurley of Reuters has this report.
Posted at 01:50 PM by Howard Bashman


"Supreme Court Attempts To Slow Flood Of Last-Minute Election Litigation; With a Saturday morning order, the justices presented a united front in allowing enforcement -- for now -- of an Arizona law making so-called 'ballot harvesting' a felony": Chris Geidner of BuzzFeed News has this report.
Posted at 01:47 PM by Howard Bashman


"Supreme Court allows Arizona 'ballot collection' law": Ariane de Vogue of CNN.com has this report.

You can view today's order of the U.S. Supreme Court at this link (via Rick Hasen's "Election Law Blog").
Posted at 01:42 PM by Howard Bashman



"Las Vegas psychiatric patient sent to California loses appeal in civil rights case": Sean Whaley of The Las Vegas Review-Journal has this report.

And The Associated Press reports that "Appeals court rejects Nevada patient dumping lawsuit."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:30 PM by Howard Bashman



"Appeals court blocks East Hampton rules over airport noise": John Riley and Jean-Paul Salamanca of Newsday have this report.

And Carissa Katz of The East Hampton Star reports that "East Hampton Airport Noise Restrictions Blocked."

You can access Friday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:06 PM by Howard Bashman



Friday, November 4, 2016

"Federal Judge Marks 50 Years on the Bench; Judge Manuel Real is nation's longest-serving active judge": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 08:35 PM by Howard Bashman


"A new wave of courtesy at the Court?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:30 PM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: At this link. The Court granted review in one new case today.
Posted at 08:26 PM by Howard Bashman


"States grapple with how to pick judges; no universal system": Michael Tarm of The Associated Press has this report.
Posted at 08:20 PM by Howard Bashman


"John McCain Isn't Backing Down From Vow To Block Clinton's Supreme Court Nominees": Jonathan Cohn of The Huffington Post has this report.
Posted at 08:15 PM by Howard Bashman


"Supreme Court ceremony memorializes the late Justice Antonin Scalia": Robert Barnes of The Washington Post has this report.

Sam Hananel of The Associated Press has an article headlined "Supreme Court Notebook: Scalia lauded at high-court ceremony."

And Kimberly Robinson of Bloomberg BNA has a blog post titled "Clerkerati, Justices Celebrate Scalia."
Posted at 08:02 PM by Howard Bashman



"Appeals court looks set to revive suit aimed at recovering Clinton emails": Josh Gerstein of Politico.com has this blog post today.

You can access via this link (38.0 MB mp3 audio file) the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.
Posted at 05:20 PM by Howard Bashman



"Appeals court blocks AZ law that makes 'ballot harvesting' a felony": Howard Fischer of The Arizona Daily Star has this report.

The Associated Press reports that "US court blocks Arizona ban on groups collecting ballots."

And Reuters has a report headlined "Arizona ballot collection law on hold until after election: court."

You can access today's 6-to-5 en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 05:16 PM by Howard Bashman



"Supreme Court votes bridge usual left-right divide": Mark Sherman of The Associated Press has this report.
Posted at 05:11 PM by Howard Bashman


"Supreme Court Bar Memorial for Justice Antonin Scalia": C-SPAN has posted online at this link the video of this afternoon's special meeting of the U.S. Supreme Court's bar.
Posted at 04:44 PM by Howard Bashman


"51 Percent Of California Voters Want To Abolish The Death Penalty; California and Nebraska will decide next week whether they will keep the death penalty and both measures would have national implications on the debate over capital punishment; Polls show voters are conflicted": Chris McDaniel of BuzzFeed News has this report.
Posted at 12:02 PM by Howard Bashman


"Church-State Fight May Depend on Missouri AG Election": Patrick Gregory of Bloomberg BNA has this report.
Posted at 11:58 AM by Howard Bashman


"Supreme Court Points the Way Forward": Jason P. Steed -- who I look forward to seeing at next week's AJEI Summit in Philadelphia -- has this essay online today at The Huffington Post.
Posted at 11:56 AM by Howard Bashman


"Multiple Chancellors: Reforming the National Injunction." Law professor Samuel L. Bray has posted this article online at SSRN.
Posted at 11:53 AM by Howard Bashman


"Review: In 'Loving,' They Loved. A Segregated Virginia Did Not Love Them Back." Manohla Dargis has this movie review in today's edition of The New York Times.
Posted at 11:48 AM by Howard Bashman


"In a Fractious Time, 'Courtesy' Prevails at U.S. Supreme Court": Greg Stohr of Bloomberg News has this report.
Posted at 11:44 AM by Howard Bashman


"2016 Federalist Society Lawyers Convention honors Justice Antonin Scalia": Jonathan H. Adler has this post today at "The Volokh Conspiracy."
Posted at 10:35 AM by Howard Bashman


"Should we shrink the Supreme Court?" Columnist Steve Chapman has this essay online at The Chicago Tribune.
Posted at 10:33 AM by Howard Bashman


SCOTUSDaily interviews Adam Liptak of The New York Times: You can read the interview at this link.
Posted at 10:30 AM by Howard Bashman


"U.S. Supreme Court stays Thomas Arthur execution": Brian Lyman and Kelsey Davis have this front page article in today's edition of The Montgomery (Ala.) Advertiser.

In today's edition of The Birmingham News, Kent Faulk has a front page article headlined "Tommy Arthur avoids execution 7th time: Supreme Court issues stay in Alabama murder-for-hire."

The Associated Press reports that "Supreme Court stays execution of Alabama inmate."

Reuters reports that "Supreme Court puts Alabama execution on hold for seventh time."

Tasneem Nashrulla, Chris Geidner, and Chris McDaniel of BuzzFeed News report that "Supreme Court Grants Stay Of Scheduled Alabama Execution; Tommy Arthur was scheduled to die Thursday for a 1982 murder-for-hire; The Supreme Court halted the execution just before midnight."

You can access last night's stay order of the U.S. Supreme Court at this link.
Posted at 10:28 AM by Howard Bashman



"Justice Antonin Scalia Bar Memorial": In a development that will someday lead to the live-streaming of its oral arguments, the U.S. Supreme Court today at 1:45 p.m. eastern time will live-stream over its web site a meeting of the Court's bar to "honor the memory of the late Justice Antonin Scalia."

As noted in a news release that the Court issued last month, the bar meeting "will feature remarks by the Acting Solicitor General of the United States Ian H. Gershengorn; Time Warner Executive Vice President and General Counsel Paul T. Cappuccio; Gibson Dunn & Crutcher partner Kristin A. Linsley; George Washington University Professor of Law Bradford R. Clark; Kirkland & Ellis partner Paul D. Clement; and U.S. Circuit Judge Jeffrey S. Sutton." With the exception of Gershengorn, these speakers all clerked for Justice Scalia.
Posted at 09:00 AM by Howard Bashman



"Juvenile Life Sentences Continue to Divide Justices": Jessica DaSilva of Bloomberg BNA has this report.
Posted at 08:52 AM by Howard Bashman


"Are Voting Booth Selfies Fun or Dangerous?" The New York Times has posted this "Room for Debate" discussion online today.
Posted at 08:47 AM by Howard Bashman


Thursday, November 3, 2016

"Vote 'No' on judges: In plain language -- keep their retirement age at 70." This editorial appeared in last Friday's edition of The Pittsburgh Post-Gazette.
Posted at 10:15 PM by Howard Bashman


"Family Disputes and a Nasty Can of Beans: Hillary Clinton as Litigator." Amy Chozick will have this article in Friday's edition of The New York Times.
Posted at 10:05 PM by Howard Bashman


"Roe v. Wade Is on the Ballot: Abortion rights are on the line in this election and people don't seem the least bit concerned." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:12 PM by Howard Bashman


"Burr softens blanket rejection of Clinton Supreme Court pick": The Associated Press has this report.

And Seung Min Kim and Burgess Everett of Politico.com report that "Sen. Cotton won't join indefinite Supreme Court blockade."
Posted at 09:02 PM by Howard Bashman



"That Supreme Court Stonewall May Not Crumble Anytime Soon": Carl Hulse will have this new installment of his "On Washington" column in Friday's edition of The New York Times.
Posted at 08:55 PM by Howard Bashman


"This Dark Money Group Is Spending Big On Judicial Races, And No One Knows Why; But the group has a history of fronting for big corporations": Paul Blumenthal of The Huffington Post has this report.
Posted at 08:27 PM by Howard Bashman


"8 Is Enough For Supreme Court, Some Senate Republicans Suggest": This audio segment featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:03 PM by Howard Bashman


"'Nightmare' -- Supreme Court tying 4-4 on election dispute": Mark Sherman of The Associated Press has this report.
Posted at 07:56 PM by Howard Bashman


"Supreme Court Justice Breyer avoids court vacancy drama; Top court justice shies away from political commentary at book signing and talk at the Hotel du Pont on Thursday": Jessica Masulli Reyes of The News Journal of Wilmington, Delaware has this report.
Posted at 07:52 PM by Howard Bashman


"Facebook, spam texts and the First Amendment": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 05:22 PM by Howard Bashman


"Goldman, JPMorgan, Morgan Stanley defeat appeal over Facebook IPO": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:44 PM by Howard Bashman


"Appeals Court Upholds Law School Plagiarism Decision": Phelan Yu of The Harvard Crimson has this report.

My earlier coverage of last week's ruling of the U.S. Court of Appeals for the First Circuit can be accessed here.
Posted at 01:15 PM by Howard Bashman



"State Supreme Court turns down request to hear soda tax case now": Claudia Vargas of The Philadelphia Inquirer has this report.
Posted at 08:20 AM by Howard Bashman


"Obama Nails Republicans For Hyper-Partisan Reversal On Supreme Court Nominees": Cristian Farias of The Huffington Post has this report.
Posted at 08:16 AM by Howard Bashman


"State Judicial Elections Become Political Battlegrounds": This audio segment appeared on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 08:12 AM by Howard Bashman


Wednesday, November 2, 2016

"Federal appeals court won't stop Arthur execution": Kelsey Davis of The Montgomery (Ala.) Advertiser has this report.

Kent Faulk of The Birmingham News has an article headlined "Tommy Arthur: Execution timed so election covers up his 'murder.'"

And The Associated Press reports that "Appeals court won't stop execution of Alabama inmate."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 11:54 PM by Howard Bashman



"It's not just about Donald and Hillary. Raising retirement age for judges is on the ballot, too." Jan Murphy of The Patriot-News of Harrisburg, Pennsylvania has this report.
Posted at 11:46 PM by Howard Bashman


"Battle over an acre of farmland may be headed to U.S. Supreme Court": At "On Brief: Iowa's Appellate Blog," Rox Laird has a post that begins, "How do you distinguish a wetland from an ordinary piece of farmland?"
Posted at 11:40 PM by Howard Bashman


"Arizona doesn't have to count votes cast at wrong location, court rules": Howard Fischer of The Arizona Daily Star has this report.

And The Associated Press reports that "US appeals court says Arizona precinct voting rule stands."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:35 PM by Howard Bashman



"Federal appeals court dismisses most claims challenging Cedar Rapids traffic cameras; Plaintiffs reviewing next steps": B.A. Morelli of The Gazette of Cedar Rapids, Iowa has this report.

Today, the same three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued rulings in two separate red-light camera challenges, and you can access those rulings here and here.
Posted at 11:28 PM by Howard Bashman



"Appeals court tosses death-row inmates' lawsuit over Ohio's execution-secrecy law": Eric Heisig of The Cleveland Plain Dealer has this report.

Jim Provance of The Toledo Blade reports that "Appeals court upholds Ohio plan to shield execution-drug makers' identities."

And The Associated Press reports that "Court rejects 3 inmates' 1st Amendment lethal injection case."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 11:20 PM by Howard Bashman



"The Supreme Court's Gender Balance": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 09:08 PM by Howard Bashman


"Appeals court to review Arizona 'ballot harvesting' law": Howard Fischer of The Arizona Daily Star has this report.

And The Associated Press reports that "Appeals court to revisit Arizona ballot-collection law."

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc -- which, in an unusual development, is accompanied by both a concurrence and a dissent -- at this link.

My earlier coverage of the recent divided three-judge panel's ruling in this case can be accessed here.
Posted at 08:05 PM by Howard Bashman



"Does Arizona have execution drugs on hand?": Michael Kiefer of The Arizona Republic has this report.
Posted at 07:49 PM by Howard Bashman


"You Have the Right to Give Someone the Finger": Law professor Noah Feldman has this essay -- containing a nice shout-out to the "How Appealing" blog -- online today at Bloomberg View.
Posted at 07:38 PM by Howard Bashman


"Clinton's Supreme Nightmare: GOP Blockade of Court Nominees." Steven T. Dennis and Sahil Kapur of Bloomberg News have this report.
Posted at 07:15 PM by Howard Bashman


"Ex-judges urge SCOTUS to solve opt-out muddle in securities class actions": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 05:18 PM by Howard Bashman


"Building Trust in the Rule of Law": Christina McClintock of the University of Chicago School of Law has an article that begins, "We live in an era of more than 4,000 legal blogs, but Judge Cheryl Ann Krause of the United States Court of Appeals for the Third Circuit thinks we could learn something from the circuit riders."

According to the article, "Judge Krause's talk, 'The Role of Public Access and Outreach: How Bench and Bar Build Trust in the Rule of Law,' focused on three factors that have reduced public access to and transparency of the courts and thus may threaten public trust in the judiciary: a decrease in trials, a decrease in published opinions and oral arguments, and a reluctance by courts to embrace new technologies that can improve transparency."
Posted at 05:02 PM by Howard Bashman



"3 Cheers for Gary Johnson's Supreme Court Short List; The Libertarian candidate picks several libertarian friendly legal minds": Damon Root has this post today at Reason.com's "Hit & Run" blog.
Posted at 04:55 PM by Howard Bashman


You can follow "How Appealing" on Twitter: If you want to be notified of new "How Appealing" posts via Twitter, or if you want to receive the appellate-related retweets that frequently appear on this blog's Twitter feed while I am away from a computer, you can follow "How Appealing" on Twitter via this link.
Posted at 02:46 PM by Howard Bashman


"Justices struggle in dispute over Venezuela oil rig seizure": Sam Hananel of The Associated Press has this report.

You can access the transcript of today's U.S. Supreme Court oral argument in Bolivarian Republic of Venezuela v. Helmerich & Payne Int'l Drilling Co., No. 15-423, at this link.

Update: In other coverage, Lawrence Hurley of Reuters reports that "U.S. justices drill down on Venezuela oil rig dispute."
Posted at 02:42 PM by Howard Bashman



Tuesday, November 1, 2016

"Gary Johnson Names His Supreme Court Justices": Matt Ford of The Atlantic has this blog post today.

And last week, Atharshna Singarajah of The Panther -- the student newspaper of Chapman University -- reported that "Gary Johnson taps Chapman law school professor as potential Supreme Court pick."
Posted at 11:40 PM by Howard Bashman



"Appeals Court Upholds Warner Bros.' Legal Victory Over 'Gone With the Wind' Merchandise; A $2.57 million judgment and permanent injunction is affirmed": 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 Eighth Circuit issued today.
Posted at 11:25 PM by Howard Bashman


"Subject: Upgrade to NextGen CM/ECF in 8th Circuit." The U.S. Court of Appeals for the Eighth Circuit issued this notice today.
Posted at 11:20 PM by Howard Bashman


"Appeals court orders new murder trial for ex-rap promoter": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 11:06 PM by Howard Bashman


"What Happens If Republicans Refuse to Replace Justice Scalia? Senators Ted Cruz and Richard Burr and some conservative legal scholars are arguing that if a Democrat wins the election, the Senate should refuse to confirm anyone." David A. Graham of The Atlantic has this report.

Sam Stein of The Huffington Post reports that "GOP Senators No Longer Want The People To Decide On Supreme Court Justices; That Merrick Garland talking point is now obsolete."

Cristian Farias of The Huffington Post reports that "Conservative Group Raises Cash To Help GOP Senators Block Supreme Court Nominees; The Heritage Foundation has a policy arsenal ready to go in the event Hillary Clinton wins the presidency."

And in commentary, Ian Millhiser of ThinkProgress has an essay titled "We may be living in the final days of the Supreme Court of the United States: Constitution, meet crisis."
Posted at 10:46 PM by Howard Bashman



"Pittsburgh, police union spar over residency rules at Pa. Supreme Court": Paula Reed Ward of The Pittsburgh Post-Gazette has this report.

And Bob Bauder of The Pittsburgh Tribune-Review reports that "Pa. Supreme Court considers if Pittsburgh police should be required to live in city limits."
Posted at 10:18 PM by Howard Bashman



"R.J. Reynolds loses bid to end TV anti-smoking ad requirement": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 10:12 PM by Howard Bashman


"Political groups fight for control of state supreme courts": Gene Johnson of The Associated Press has this report.
Posted at 09:54 PM by Howard Bashman


"Supreme Court incumbents face sedate race": Christine MacDonald of The Detroit News has this report.

And Paul Egan of The Detroit Free Press reports that "Michigan Supreme Court election is a low-key affair."
Posted at 08:25 PM by Howard Bashman



"Accusations flow from Georgia, Florida as water war trial begins": Dan Chapman -- reporting from Portland, Maine -- has this front page article in today's edition of The Atlanta Journal-Constitution.

The Associated Press reports that "Court in Maine trying water rights case from Deep South; Florida says Georgia is siphoning away more than its fair share of water, imperiling Florida's supply and raising salinity in Apalachicola Bay."

And The Portland (Me.) Press Herald recently reported that "Maine lawyer takes on high court case; Ralph Lancaster Jr. will preside over a federal court hearing that begins Monday in Portland."
Posted at 08:02 PM by Howard Bashman



"Ga. Supreme Court: Guns not allowed at school functions." Rhonda Cook has this front page article in today's edition of The Atlanta Journal-Constitution.

You can access yesterday's unanimous ruling of the Supreme Court of Georgia at this link.
Posted at 07:51 PM by Howard Bashman



"A Very Texas Term at the Supreme Court: Examining the decisions affecting the Lone Star State." Law professor Josh Blackman has this article in the November 2016 issue of the Texas Bar Journal.
Posted at 07:32 PM by Howard Bashman


"U.S. Supreme Court Wants Government's Take on Copyright Takedown Case; The high court is considering whether to grant review of a dispute triggered when Universal Music ordered the takedown of YouTube video showing a cute baby dancing to Prince's song": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter.
Posted at 07:23 PM by Howard Bashman


"Clarence Thomas the Questioner": Law professors RonNell Andersen Jones and Aaron Nielson have posted this article online at SSRN.
Posted at 05:12 PM by Howard Bashman


"Pa. Superior Court reverses conviction for man giving ex the middle finger": Matthew Santoni of The Pittsburgh Tribune-Review has this report.

And Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has an article headlined "Is giving your ex-wife the middle finger salute illegal in Pa.?"

Judge Carl A. Solano issued Monday's non-precedential ruling on behalf of a unanimous three-judge panel of the Superior Court of Pennsylvania, and Senior Judge Eugene B. Strassburger, III issued a concurring statement.
Posted at 05:07 PM by Howard Bashman



"If Clinton wins, more in GOP say no to 9 on Supreme Court": Mary Clare Jalonick of The Associated Press has this report.
Posted at 04:52 PM by Howard Bashman


"Election Offers Stark Choices on Supreme Court's Future; Hillary Clinton and Donald Trump have laid out differing visions for who they would name to fill open seats": Jess Bravin of The Wall Street Journal has this report.

And David Millward of The Telegraph (UK) reports that "Both Clinton and Trump would reshape the Supreme Court in their image -- with vastly different results."
Posted at 01:22 PM by Howard Bashman







Related Blogs