How Appealing

Tuesday, February 28, 2017

"Texas Supreme Court not lacking for input on gay marriage case": Chuck Lindell of The Austin American-Statesman has an article that begins, "As its judges prepare to hear arguments on efforts to limit the federal ruling allowing gay marriage, the Texas Supreme Court has received a flurry of unsolicited advice from politicians, legal scholars, religious groups and activists."

The Supreme Court of Texas will hear oral argument in the case tomorrow, and you can view the oral argument live, online via this link once it gets underway. And you can access the briefs and other documents filed in the case via this link.
Posted at 09:05 PM by Howard Bashman



"Department of Justification: Stephen Bannon and Jeff Sessions, the new attorney general, have long shared a vision for remaking America. Now the nation's top law-enforcement agency can serve as a tool for enacting it." Emily Bazelon will have this article in the March 5, 2017 issue of The New York Times Magazine.
Posted at 08:52 PM by Howard Bashman


"Barring Reporters From Briefings: Does It Cross a Legal Line?" Adam Liptak of The New York Times has this report.
Posted at 08:46 PM by Howard Bashman


"United States v. Dylann Roof": Edward Ball has this article, the first of two parts, in the March 9, 2017 issue of The New York Review of Books.
Posted at 08:42 PM by Howard Bashman


"Judicial originalism as myth": Law professor Eric J. Segall has this post at Vox.com.
Posted at 08:34 PM by Howard Bashman


"What Press Freedom Means When You Can Just Press 'Tweet'": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 08:30 PM by Howard Bashman


"New Trump travel order will aim to short circuit legal challenges": Dan Levine and Mica Rosenberg of Reuters have a report that begins, "In formulating a new executive order limiting travel to the United States, President Donald Trump has promised to make the directive harder to fight successfully in court than the one he issued in January."
Posted at 08:27 PM by Howard Bashman


"Justice Ginsburg Planning to Skip Trump's Speech to Congress": Greg Stohr of Bloomberg News has this report.
Posted at 08:25 PM by Howard Bashman


Programming note: This afternoon, I will be out of the office meeting with co-counsel in a pending appeal on which I am working. As a result, additional posts will not appear here until this evening.

As always while I am away from my office, additional appellate-related retweets may appear on this blog's Twitter feed.
Posted at 11:02 AM by Howard Bashman



"Trump immigration ban fight could be on two fronts": Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.

Online at Slate, Dahlia Lithwick has a jurisprudence essay titled "Schrodinger's Immigration Ban: The Trump administration's nonsensical claim that its executive order both does and does not exist."

And online at The Atlantic, law professor Garrett Epps has an essay titled "Papers, Please: Passengers on a domestic flight deplaning in New York were asked to present ID by Customs and Border Protection agents -- a likely unenforceable demand that nevertheless diminishes freedom."
Posted at 10:58 AM by Howard Bashman



"Court sides with gun blogger who posted officials' contact info": Bob Egelko of The San Francisco Chronicle has an article that begins, "In a victory for gun advocates, a federal judge said Monday that California appears to have violated freedom of speech with a law allowing public officials -- including legislators who voted for gun-control laws -- to prevent online posting of their addresses and phone numbers."

And Don Thompson of The Associated Press reports that "Judge blocks California law protecting officials' privacy."
Posted at 10:54 AM by Howard Bashman



"Federal appeals court rejects egg-labeling lawsuit": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 10:50 AM by Howard Bashman


"Conviction upheld for Robel Phillipos, friend of Boston Marathon bomber Dzhokhar Tsarnaev": Milton J. Valencia of The Boston Globe has this report.

And The Associated Press reports that "Boston Marathon bomber's friend's sentence upheld."

My earlier coverage of last Friday's First Circuit ruling can be accessed here.
Posted at 10:45 AM by Howard Bashman



"Judge John Kane on Supreme Court Nominee, 10th Circuit Judge Neil Gorsuch": The "Fault Lines" blog of Mimesis Law has today posted this statement from Senior U.S. District Judge John L. Kane (D. Colo.).
Posted at 10:18 AM by Howard Bashman


Monday, February 27, 2017

"Federal Appeals Court Will Look At Jackson County's Prayer Practices": The Associated Press has a report that begins, "A full federal appeals court will consider whether a Michigan county's tradition of Christian-only prayers at public meetings violates the U.S. Constitution."

You can access today's order of the U.S. Court of Appeals for the Sixth Circuit granting rehearing en banc at this link. My earlier coverage of the now-vacated original divided three-judge panel's ruling can be accessed here.
Posted at 08:22 PM by Howard Bashman



"A Constitutional Right to Facebook and Twitter? Supreme Court Weighs In." Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Law to keep sex offenders off social media may be struck down."

Brent Kendall of The Wall Street Journal reports that "Justices Skeptical on North Carolina Law Barring Sex Offenders From Social Media; Justice Kagan cites President's Twitter use in arguing importance of social media; Justice Kennedy says law keeps sex offenders from virtual town square."

Richard Wolf of USA Today reports that "Supreme Court justices defend social media, even for sex offenders."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Considers Whether N.C. Law Violates First Amendment."

And Chris Geidner of BuzzFeed News reports that "Justices Appear Ready To Strike Law Barring Those On Sex Offender Registry From Social Media."
Posted at 07:54 PM by Howard Bashman



"After 130 Years, Harvard Law Review Elects a Black Woman President": Katharine Q. Seelye of The New York Times has this report.
Posted at 05:00 PM by Howard Bashman


"U.S. appeals court will not put Trump travel ban case on hold": Dan Levine of Reuters has this report.
Posted at 04:55 PM by Howard Bashman


Audio recently posted online by the University of Chicago Law School: Via SoundCloud, you can access audio files titled "Chief Justice Robert P. Young, 'The Common Law'" and "Shon Hopwood, 'Unnecessary Imprisonment and the Need for Sentencing Reform.'"
Posted at 03:57 PM by Howard Bashman


"Law School Experts Consider Future of SCOTUS After Gorsuch's Nomination": Vivian He of The Chicago Maroon has an article that begins, "On Monday, February 20, professors Geoffrey Stone, Alison LaCroix, and William Baude from the Law School sat down with professor Dennis Hutchinson from the College to discuss the future balance of the Supreme Court under the Trump administration."
Posted at 03:37 PM by Howard Bashman


"Democrat: Let's confirm Gorsuch and Garland at same time." Seung Min Kim of Politico.com has this report.
Posted at 03:14 PM by Howard Bashman


"A Moment of Uncertainty for Transgender Rights": Law professor Jeannie Suk Gersen has this post online today at The New Yorker.

And online at Bloomberg View, law professor Noah Feldman has an essay titled "A Setback for Transgender Rights With a Silver Lining."
Posted at 03:05 PM by Howard Bashman



"Bench Brackets Overtime: Confirmation." Bloomberg BNA has posted online this video featuring Kimberly Robinson and Patrick Gregory.
Posted at 01:58 PM by Howard Bashman


"Evaluating Speculation that The Ninth Circuit is the Lower Court SCOTUS Overturns the Most": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 01:52 PM by Howard Bashman


"Justices seem sympathetic to immigrant in deportation case": The Associated Press has this report.

Update: You can access at this link the transcript of today's U.S. Supreme Court oral argument in Esquivel-Quintana v. Sessions, No. 16-54.
Posted at 01:16 PM by Howard Bashman



"Court may strike law barring sex offenders from social media": Mark Sherman of The Associated Press has this report.

Lawrence Hurley of Reuters reports that "U.S. justices skeptical of sex offender social media ban."

Greg Stohr of Bloomberg News reports that "Social Media Ban for Sex Offenders Questioned at U.S. Supreme Court."

And Chris Geidner of BuzzFeed News reports that "Justices Appear Ready To Strike Law Barring Those On Sex Offender Registry From Social Media."

Update: You can access at this link the transcript of today's U.S. Supreme Court oral argument in Packingham v. North Carolina, No. 15-1194.
Posted at 01:07 PM by Howard Bashman



"I Did Ruth Bader Ginsburg's Workout. It Nearly Broke Me. Pumping iron with RBG's personal trainer is no joke." Ben Schreckinger has this report at Politico Magazine.
Posted at 10:45 AM by Howard Bashman


"Gorsuch often sided with employers in workers' rights cases": Denise Lavoie and Michael Tarm of The Associated Press have this report.
Posted at 09:56 AM by Howard Bashman


Help Michelle Olsen's @AppellateDaily Twitter feed reach 10,000 followers: As of this moment, she is only 17 followers away. You can access and follow that Twitter account via this link.

Update: Threshold achieved as of 9:53 a.m. eastern time today!
Posted at 09:48 AM by Howard Bashman



"OT2016 #14: 'Stone Cold, Lead Pipe Lock.'" You can access today's new episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 09:38 AM by Howard Bashman


Access today's Order List of the U.S. Supreme Court: At this link. The Court granted review in three new cases. And the Court called for the views of the Acting Solicitor General in one case.

In addition, the Court summarily affirmed in Independence Institute v. FEC, No. 16-743.

And Justice Stephen G. Breyer issued a dissent from the denial of certiorari in Reed v. Louisiana, No. 16-656.

In early news coverage, The Associated Press reports that "Supreme Court upholds disclosure requirement for issue ads" and "Supreme Court to hear appeal from Georgia death row inmate."

And Andrew Chung of Reuters reports that "U.S. top court rejects challenge to political ad disclosure rules" and "U.S. top court snubs challenge to death penalty constitutionality."
Posted at 09:32 AM by Howard Bashman



Sunday, February 26, 2017

"When Politics Becomes Existential": Today at the "Election Law Blog," Richard Pildes has a post that begins, "Judge Laurence H. Silberman has been a respected conservative judge for more than 30 years on the D.C. Circuit and has extensive executive branch experience as well."
Posted at 08:20 PM by Howard Bashman


"Sanity from the Courts on Gun Control in a Time of Trump": Adam Gopnik has this post online at The New Yorker.
Posted at 07:45 PM by Howard Bashman


"Gorsuch Staunchly Opposes 'Aid in Dying.' Does It Matter?" Paula Span has this post at "The New Old Age" blog of The New York Times.
Posted at 07:38 PM by Howard Bashman


"President Trump, conservatives united on U.S. Supreme Court, Neil Gorsuch": Alex Swoyer of The Washington Times has this report.
Posted at 11:02 AM by Howard Bashman


"LGBTQ Advocates Fear 'Religious Freedom' Bills Moving Forward In States": Laura Sydell had this audio segment on today's broadcast of NPR's "Weekend Edition Sunday."
Posted at 10:58 AM by Howard Bashman


"North Carolina law banning registered sex offenders from social media faces challenge": Michael Doyle of McClatchyDC has this report.

And Emery P. Dalesio of The Associated Press reports that "Supreme Court weighs law banning sex offenders from Facebook."
Posted at 10:55 AM by Howard Bashman



Saturday, February 25, 2017

"Trump adviser: Democrats should 'move on' from Garland SCOTUS snub." Josh Gerstein of Politico.com has a blog post that begins, "The White House has a message for Democrats still harboring bitterness about the treatment of President Barack Obama's Supreme Court nominee Merrick Garland: get over it."
Posted at 08:40 PM by Howard Bashman


"Legality of Legislator-Led Prayer Still Murky, Scholars Say": Patrick L. Gregory of Bloomberg BNA has this report.
Posted at 02:25 PM by Howard Bashman


"Tsarnaev friend found guilty of lying in bombing investigation; Mother of Phillipos makes a plea for leniency": Patricia Wen, John R. Ellement, and Laura Crimaldi of The Boston Globe had this article back in October 2014

Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit issued this decision affirming the defendant's judgment of conviction.
Posted at 02:20 PM by Howard Bashman



"A 'Notorious' 2016 for Ginsburg and Comey: The justice's politicking and the FBI director's appropriation of prosecutorial authority likely did lasting damage." Senior D.C. Circuit Judge Laurence H. Silberman has this essay online at The Wall Street Journal. The essay is adapted from a speech Silberman delivered Monday at the Columbia Law School chapter of the Federalist Society.
Posted at 01:50 PM by Howard Bashman


"Justice Ruth Bader Ginsburg rare interview: 'It's not the best of times.'" BBC Newsnight has posted this video on YouTube.
Posted at 01:44 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: Prill!" Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 01:35 PM by Howard Bashman


Friday, February 24, 2017

"College roommate of Trump's Supreme Court nominee says Gorsuch not anti-gay": Kat Tenbarge of The Columbus Dispatch has an article that begins, "The Columbus Lawyers Chapter might not have been able to get Judge Neil Gorsuch to make an appearance, but they invited three of the next best people to a luncheon panel Friday."

More information on the event can be accessed here.
Posted at 10:02 PM by Howard Bashman



"Court blocks bail hearings for immigrant teens": Josh Gerstein of Politico.com has this blog post.
Posted at 09:52 PM by Howard Bashman


"Neil Gorsuch the Law Clerk": Mark Walsh has this interesting post today at "SCOTUSblog."
Posted at 05:08 PM by Howard Bashman


"Should the President Get to Pick Supreme Court Justices? A dialogue on Donald Trump, Neil Gorsuch, and what should disqualify a judge from the bench." Slate has posted online this jurisprudence essay, consisting of a conversation between Seventh Circuit Judge Richard A. Posner and Senior U.S. District Judge Jed S. Rakoff (S.D.N.Y.), moderated by Joel Cohen.
Posted at 01:50 PM by Howard Bashman


"Considering the Nomination of Neil Gorsuch to the Supreme Court": The American Constitution Society has posted this video on YouTube.
Posted at 08:32 AM by Howard Bashman


Thursday, February 23, 2017

"Ted Cruz predicts another Supreme Court vacancy coming 'this summer'": David Sherfinski of The Washington Times has this report.
Posted at 11:30 PM by Howard Bashman


"With New Clout At State Capitol, Republicans Hold Up Re-Appointment Of Supreme Court Justice": Edmund H. Mahony of The Hartford Courant has an article that begins, "With the new clout they acquired in the November election, Republicans at the state capital have taken aim at what they call judicial activism and incivility and, in a highly unusual move, held up the reappointment of one of the state's best-known and longest-tenured jurists."
Posted at 11:20 PM by Howard Bashman


"Dog The Bounty Hunter And A Top Conservative Lawyer Are Trying To Save The Bail Industry; A federal appeals court heard arguments on Thursday in a case that could shape the future of bail in the U.S." Ryan J. Reilly of The Huffington Post has this report.
Posted at 11:11 PM by Howard Bashman


"When Justices Recuse, and When they Refuse": Samuel Morse has this post at the "Empirical SCOTUS" blog.
Posted at 11:02 PM by Howard Bashman


"Arkansas Supreme Court reverses decision on Fayetteville civil rights ordinance": Todd Gill of The Fayetteville Flyer has an article that begins, "The Arkansas Supreme Court today reversed a circuit court decision to uphold Fayetteville's civil rights ordinance."

And Reuters reports that "Arkansas Supreme Court blocks local LGBT nondiscrimination measures."

You can access today's ruling of the Supreme Court of Arkansas at this link.
Posted at 10:56 PM by Howard Bashman



"A rector who marched against Trump, gay blessings, gun control, Muslim outreach and 'climate crisis' solar panels on the roof: Meet Supreme Court nominee Neil Gorsuch's ultra-liberal church." The Daily Mail (UK) published this article earlier this month (via "GetReligion," which yesterday published a post titled "Judge Neil Gorsuch's Anglicanism is still a mystery that journalists need to solve").
Posted at 10:44 PM by Howard Bashman


"History Will Judge: A Look at Garland's Nomination in Polarized Washington; The GOP's obstruction of Garland was genuinely unprecedented and a threat to the institutional integrity of the Supreme Court." Ahmed Elbenni has this article online at The Politic, Yale University's undergraduate journal of politics.
Posted at 10:40 PM by Howard Bashman


"How will Trump's Supreme Court nominee rule on California union cases?" Adam Ashton of The Sacramento Bee has this report.
Posted at 10:24 PM by Howard Bashman


"Trinity Western law school fight heading to Supreme Court of Canada; B.C. and Ontario law societies argue TWU's Christian covenant discriminates against LGBTQ community": CBC News has this report.

And The Canadian Press reports that "Supreme Court to hear appeals about Trinity Western University law school."
Posted at 10:20 PM by Howard Bashman



"Ruth Bader Ginsburg Says Immigration Makes U.S. Great": Greg Stohr of Bloomberg News has this report.
Posted at 08:33 PM by Howard Bashman


"Trump's transgender move puts spotlight on Supreme Court case": Lawrence Hurley of Reuters has this report.
Posted at 08:27 PM by Howard Bashman


"Not best of times for US -- Supreme Court Justice Ginsburg": BBC News has this report.
Posted at 03:12 PM by Howard Bashman


"Maricopa County former official Brandon sues over firing; Ex-deputy county attorney claims her rights violated": Michael Kiefer had this article in The Arizona Republic back in May 2012.

Today. a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued this decision overturning the jury's verdict in favor of the plaintiff in the case.
Posted at 01:56 PM by Howard Bashman



Zetwick v. Yolo -- When hugging creates a sexually hostile work environment: The U.S. Court of Appeals for the Ninth Circuit today reissued this decision as a published opinion.
Posted at 01:50 PM by Howard Bashman


"Prosecutors: Who's paying Magbanua's legal fees?" Karl Etters of The Tallahassee Democrat has this report.

Rebeca Piccardo of The South Florida Sun-Sentinel has an article headlined "'That's what we went to go kill that man for': New details emerge in FSU professor's killing."

And at "Above the Law," Joe Patrice has a post titled "The Dan Markel Murder Case -- Defense Attorneys Dismiss It All As Fake News."
Posted at 01:42 PM by Howard Bashman



"Md. appeals court upholds 'assault weapon' ban: a new challenge to scope of Second Amendment? A federal appeals court in Maryland has upheld a law banning military-style weapons; If the case goes before the Supreme Court, justices will have to confront whether the weapons deserve protection under the Second Amendment." Amanda Hoover of The Christian Science Monitor has this report.

In commentary, Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a post titled "Second Amendment does not apply to assault weapons: en banc 4th Circuit."

The New York Daily News has an editorial titled "A win for the living: Reasonable limits on weapons of war."

And online at National Review, David French has an essay titled "A Federal Court of Appeals Goes to War against the Second Amendment; A court decides that criminals should outgun citizens," while Charles C.W. Cooke has an essay titled "The Fourth Circuit Runs Roughshod over Heller and the Second Amendment; In upholding Maryland's 'assault weapons' ban, the court employed dubious legal reasoning to trample on American constitutional rights."
Posted at 12:02 PM by Howard Bashman



"Docs vs. Glocks Shows the Threat to Free Speech Is the Pro-Gun Right: Florida Republicans argue that the Second Amendment trumps the First Amendment; They're wrong." Mark Joseph Stern has this jurisprudence essay online today at Slate.
Posted at 11:53 AM by Howard Bashman


"Citing Racist Testimony, Justices Call for New Sentencing in Texas Death Penalty Case": Adam Liptak has this article in today's edition of The New York Times.

David G. Savage of The Los Angeles Times reports that "Supreme Court, citing racial bias, reopens the case of Texas death row inmate."

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Rules Racial Testimony Influenced Inmate's Death Sentence."
Posted at 11:48 AM by Howard Bashman



"Open Chambers Revisited: Demystifying the Inner Workings and Culture of the Georgia Court of Appeals." Vice Chief and Presiding Judge Stephen Louis A. Dillard of the Court of Appeals of Georgia recently published this updated version of his earlier article on this subject in the Mercer Law Review.
Posted at 11:40 AM by Howard Bashman


"Six Questions Senators Should Ask Neil Gorsuch": Jeffrey Toobin has this post online today at The New Yorker.
Posted at 10:22 AM by Howard Bashman


Wednesday, February 22, 2017

"The Supreme Court Just Made Life Worse for Patent Holders": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:06 PM by Howard Bashman


"Neil Gorsuch and beyond: Trump's Supreme Court picks." Penn Law has posted this video on YouTube.
Posted at 06:11 PM by Howard Bashman


"Justice Sotomayor Takes Aim at Lethal Injection: In a striking dissent, the justice slams the 'horrifying deaths' that result from 'our most cruel experiment yet.'" Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 01:45 PM by Howard Bashman


"Appeals Court Upholds Maryland Ban on Military-Style Weapons; Court also allows 10-round limit on gun magazines": Joe Palazzolo of The Wall Street Journal has this report.

Cristian Farias of The Huffington Post reports that "'Military-Style' Firearms Aren't Protected By Second Amendment, Court Rules; An appeals court upheld a Maryland ban on a wide range of popular semiautomatic weapons."

And Reuters reports that "U.S. appeals court upholds Maryland's ban on assault rifles."

My earlier coverage of yesterday's en banc Fourth Circuit ruling can be accessed here.
Posted at 01:40 PM by Howard Bashman



"Supreme Court says race-based testimony discriminated against black death row inmate": Robert Barnes of The Washington Post has this report.

David G. Savage of The Los Angeles Times reports that "Supreme Court rejects use of 'racial stereotypes' in death penalty cases."

Mike Ward of The Houston Chronicle reports that "Supreme Court grants Texas death row inmate Duane Buck new hearing."

Jordan Rudner of The Dallas Morning News reports that "Texan whose jury was told blacks more likely to be dangerous can appeal, Supreme Court rules."

Ariane de Vogue of CNN.com reports that "Supreme Court rules in favor of death row inmate."

And Jolie McCullough of The Texas Tribune reports that "U.S. Supreme Court rules in favor of Texas death row inmate; The U.S. Supreme Court has ruled in favor of Texas death row inmate Duane Buck, agreeing that his case was prejudiced by an expert trial witness who claimed Buck was more likely to be a future danger because he is black."
Posted at 01:32 PM by Howard Bashman



"Ivanka Trump Beats Her Father to Supreme Court": Jess Bravin has this post at WSJ.com's "Washington Wire" blog.
Posted at 11:52 AM by Howard Bashman


In the March 2017 issue of ABA Journal magazine: Mark Walsh has an article headlined "Can Trump triumph in the Supreme Court? Presidents' rates of winning cases have been declining."
Posted at 10:32 AM by Howard Bashman


Access today's rulings of the U.S. Supreme Court in argued cases: The Court today issued rulings in three argued cases.

1. Justice Elena Kagan delivered the opinion of the Court in Fry v. Napoleon Community Schools, No. 15-497. Justice Samuel A. Alito, Jr. issued an opinion concurring in part and concurring in the judgment, in which Justice Clarence Thomas joined. You can access the oral argument via this link.

2. Justice Sonia Sotomayor delivered the opinion of the Court in Life Technologies Corp. v. Promega Corp., No. 14-1538. Justice Alito issued an opinion concurring in part and concurring in the judgment, in which Justice Thomas joined. Chief Justice John G. Roberts, Jr. did not participate in the ruling. You can access the oral argument via this link.

3. And Chief Justice Roberts delivered the opinion of the Court in Buck v. Davis, No. 15-8049. Justice Thomas issued a dissenting opinion, in which Justice Alito joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Supreme Court orders new hearing for black Texas inmate"; "Justices side with Michigan girl in dispute over service dog"; and "High court ruling limits international reach of patent laws."

From Reuters, Lawrence Hurley Reports that "U.S. top court backs Texas death row inmate in race case." And Andrew Chung reports that "U.S. top court sides with disabled girl in dispute over service dog" and "Thermo Fisher did not infringe genetic-testing patent, U.S. top court says."

And Richard Wolf of USA Today reports that "Supreme Court blocks death sentence over racial bias" and "Supreme Court issues Wonder-ful ruling for disabled girl, service dog."
Posted at 10:02 AM by Howard Bashman



Tuesday, February 21, 2017

"Medical care in Indiana prisons draws scrutiny": Back in September 2016, Virginia Black of The South Bend Tribune had this report on a case argued before the en banc U.S. Court of Appeals for the Seventh Circuit.

Today, by a vote of 6-to-4, the en banc court issued this decision in favor of the deceased inmate's mother.
Posted at 10:15 PM by Howard Bashman



"Appeals court dismisses Virginia case seeking party ID in local elections": Graham Moomaw of The Richmond Times-Dispatch has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 09:50 PM by Howard Bashman


"Trump takes new immigration fight to 9th Circuit": Josh Gerstein of Politico.com has this blog post.
Posted at 09:44 PM by Howard Bashman


"Court Ruling Gives Fannie Mae, Freddie Mac Investors Limited Room for Claims; Court disallows most claims but orders additional proceedings on others": Brent Kendall and Nick Timiraos of The Wall Street Journal have this report.

And Andrew Harris and Joe Light of Bloomberg News report that "Hedge Funds Can't Sue Over Investments in Fannie and Freddie."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 09:40 PM by Howard Bashman



"Federal Appeals court upholds Maryland assault rifle ban": Ian Duncan of The Baltimore Sun has this report.

Ann E. Marimow of The Washington Post reports that "Appeals court upholds Maryland ban on semiautomatic, military style guns."

And Brian Witte of The Associated Press reports that "Maryland's assault weapons ban upheld by US appeals court."

You can access today's 10-to-4 ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 08:56 PM by Howard Bashman



"Justices Weigh Agent's Cross-Border Shooting of Mexican Teenager": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Justices divided on cross-border shooting that left Mexican teenager dead."

David G. Savage of The Los Angeles Times reports that "Supreme Court justices appear split over whether Constitution extends to Mexican teenager shot across the border."

Michael Doyle of McClatchyDC reports that "A lethal shooting at the U.S.-Mexico border divides the Supreme Court."

Kevin Diaz of The Houston Chronicle reports that "U.S. Supreme Court weighs rights of Mexican family in Border Patrol shooting."

Bill Mears of FoxNews.com reports that "Supreme Court appears divided on cross-border shooting by US agent."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Considers If Mexican Nationals Can Sue For Border Shooting."

Cristian Farias of The Huffington Post reports that "Supreme Court Torn Over Whether Constitution Should Apply To Cross-Border Shootings; Civil liability is the only avenue left for parents of a Mexican teenager shot to death by a U.S. Border Patrol agent."

Chris Geidner of BuzzFeed News reports that "Justices Question Whether Mexican Family Can Sue Over Cross-Border Shooting."

And in commentary, online at The Atlantic, law professor Garrett Epps has an essay titled "Is the Southern Border a Constitution-Free Zone? The Supreme Court considers a case involving a youth on the Mexican side of the border killed by an American border patrol agent on the U.S. side."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Hernandez v. Mesa, No. 15-118.
Posted at 08:20 PM by Howard Bashman



"Gorsuch, Like Previous Supreme Court Nominees, Keeps Views Hidden": Carl Hulse has this new installment of his "On Washington" column in today's edition of The New York Times.
Posted at 07:22 PM by Howard Bashman


"Does Donald Trump's Supreme Court Nominee Believe the Constitution Is God's Law? You may hear a lot about an arcane legal theory at Neil Gorsuch's confirmation hearings." Stephanie Mencimer of Mother Jones has this report.
Posted at 01:18 PM by Howard Bashman


"Like a prayer: A church-state case may be an early test for Neil Gorsuch; The Supreme Court nominee has emphasised the secular value of religious rites." Steven Mazie has this post today at the "Democracy in America" blog of The Economist.
Posted at 01:04 PM by Howard Bashman


"Trump attack may reopen debate on splitting Ninth Circuit in SF": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 01:00 PM by Howard Bashman


"Supreme Court seems split in case of boy's death near border": Mark Sherman of The Associated Press has this report.

Lawrence Hurley of Reuters reports that "Supreme Court divided over cross-border shooting case."

Greg Stohr of Bloomberg News reports that "Border-Shooting Lawsuit May Divide U.S. Supreme Court Justices."

Richard Wolf of USA Today reports that "Supreme Court divided over U.S.-Mexico border shooting."

And Ariane de Vogue of CNN.com reports that "US Border Patrol shooting of Mexican national goes to Supreme Court."
Posted at 12:44 PM by Howard Bashman



"The selling of Neil Gorsuch: Rafting, puppies and Garland gushing; The high court nominee's charm offensive is showing signs of working." Seung Min Kim of Politico.com has this report.
Posted at 10:26 AM by Howard Bashman


"Court considers constitutionality of Ohio execution process": Andrew Welsh-Huggins of The Associated Press has a report that begins, "A federal appeals court plans to consider arguments over the constitutionality of Ohio's lethal injection process as the state tries to start carrying out executions once again."
Posted at 10:15 AM by Howard Bashman


Access today's Order List of the U.S. Supreme Court: At this link. The Court granted review in one new case.

In addition, Justice Sonia Sotomayor issued a dissent, in which Justice Stephen G. Breyer joined, from the denial of certiorari in Arthur v. Dunn, No. 16-602.

In early news coverage, The Associated Press reports that "Supreme Court rejects Alabama death row appeal"; "Justices reject appeal of tea party groups over IRS review"; "High court rejects appeal from ex-NYC councilman"; "Supreme Court rejects appeal from Virginia death row inmate"; and "Justices reject appeal from South Carolina death row inmate."

From Reuters, Lawrence Hurley reports that "Supreme Court rejects Alabama death penalty inmate's appeal." And Andrew Chung reports that "U.S. top court rejects Boston Scientific's patent licensing appeal."
Posted at 09:36 AM by Howard Bashman



"Trump Travel Ban Awaits as High Court Hears Border-Shooting Case": Greg Stohr of Bloomberg News has this report.

And on today's edition of NPR's "Morning Edition," Nina Totenberg had an audio segment titled "Supreme Court To Decide If Mexican Nationals May Sue For Border Shooting."
Posted at 08:33 AM by Howard Bashman



Monday, February 20, 2017

"Hon. Carlos Bea and Ben Feuer -- GGU 8th Annual Chief Justice Ronald M. George Distinguished Lecture." Golden Gate University School of Law has posted this video on YouTube.
Posted at 10:15 PM by Howard Bashman


"Family of Mexican teen shot across the border seeks rights in U.S." Kevin Diaz has this front page article in today's edition of The Houston Chronicle.

Rob O'Dell of The Arizona Republic has an article headlined "Supreme Court: Can Mexican citizens sue Border Patrol agents in cross-border killings?"

And Roque Planas and Cristian Farias of The Huffington Post have an article headlined "The Border Is A Constitution-Free Zone For Agents Who Shoot And Kill. But Maybe Not For Long. A Mexican teen's death will force the Supreme Court to decide if there can be justice for cross-border violence."
Posted at 08:14 PM by Howard Bashman



"Teen suicide attempts fell as same-sex marriage became legal": Lindsey Tanner of The Associated Press has this report.
Posted at 06:10 PM by Howard Bashman


"Supreme Court weighs case of Mexican boy slain across border": Mark Sherman of The Associated Press has this report.
Posted at 06:07 PM by Howard Bashman


"OT2016 #13: 'Harriet Miers Bobblehead.'" You can access today's new episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 11:34 AM by Howard Bashman


In the February 27, 2017 issue of The New Yorker: Jeffrey Toobin has a Talk of the Town item headlined "Loretta Lynch's Ideal of Justice: Nearly three hundred alums of the Brooklyn U.S. Attorney's office gathered for a raucous dinner, to celebrate a local girl who made good."

And Elizabeth Kolbert has an essay titled "Why Facts Don't Change Our Minds: New discoveries about the human mind show the limitations of reason."
Posted at 11:22 AM by Howard Bashman



"On Free Press, Supreme Court Pick at Odds With Trump": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 11:16 AM by Howard Bashman


"Supreme Court considers case of a shot fired in U.S. that killed a teenager in Mexico": Robert Barnes has this article in today's edition of The Washington Post.
Posted at 11:12 AM by Howard Bashman


Sunday, February 19, 2017

"Court rejects bid to end Virginia uranium mining ban": The Associated Press has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued Friday.
Posted at 08:52 PM by Howard Bashman


"Liberals Are Still Angry, but Merrick Garland Has Reached Acceptance": Sarah Lyall of The New York Times has this report.
Posted at 08:33 PM by Howard Bashman


"Attorney Arguments 2016/2017": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 05:35 PM by Howard Bashman


"Attacks on judges undermine law -- Supreme Court president": BBC News has this report.
Posted at 05:26 PM by Howard Bashman


"Supreme Court enters Mexico border debate with Texas shooting case": Richard Wolf of USA Today has this report.
Posted at 05:20 PM by Howard Bashman


"The new Third Circuit Appellate Practice Manual is out, and you need it": Matthew Stiegler has this post at his "CA3blog."
Posted at 12:55 PM by Howard Bashman


"As the Gorsuch nomination proceeds, this man is taking credit: Mitch McConnell." Paul Kane has this article in today's edition of The Washington Post.
Posted at 11:09 AM by Howard Bashman


"I sentenced criminals to hundreds more years than I wanted to. I had no choice." Shira A. Scheindlin has this essay in today's edition of The Washington Post.
Posted at 11:05 AM by Howard Bashman


"Gorsuch Is No Help to Stranded Truck Driver": Kenneth Jost has this post today at his blog, "Jost on Justice."
Posted at 10:50 AM by Howard Bashman


Saturday, February 18, 2017

"Canada's Supreme Court justices travel to exchange ideas, discuss legal issues with international judges; Chief Justice Beverly McLachlin says politics off-limits, but legal problems are on the extracurricular agenda": Tonda MacCharles of The Toronto Star has an article that begins, "It was a pretty high-powered group. Judges of the Supreme Court of Canada met with judges of the Supreme Court of the United States in Washington last April in the midst of the U.S. election season."
Posted at 09:12 PM by Howard Bashman


"General Strike: How state attorneys general are going on the offensive against the most egregious parts of the Trump agenda; Also, the Constitution's limits on the U.S.-Mexico border." Slate has posted online today this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 08:57 PM by Howard Bashman


"Simply stated, Gorsuch is steadfast and surprising": Kimberly Kindy, Sari Horwitz, and William Wan of The Washington Post have this report.

The Washington Post also has a related item titled "Photos of Neil Gorsuch before he became a Supreme Court Nominee."
Posted at 08:40 PM by Howard Bashman



"Norma McCorvey, 'Roe' in Roe v. Wade, Is Dead at 69": This obituary written by Robert D. McFadden will appear on the front page of Sunday's edition of The New York Times.
Posted at 08:33 PM by Howard Bashman


"When Lies Overruled Rights": Karen Korematsu has this op-ed in today's edition of The New York Times.
Posted at 12:33 PM by Howard Bashman


Friday, February 17, 2017

"Bill making 'upskirting' illegal in Georgia nears approval": The Associated Press has this report. As the article explains, "Lawmakers were spurred to act after a divided state Court of Appeals found that a man didn't break any Georgia laws when he filmed up a woman's skirt while she shopped at a grocery store -- a practice known as 'upskirting.'"

My earlier coverage of that ruling can be accessed here.
Posted at 11:02 PM by Howard Bashman



"John Doe leak investigators reviewed documents at the Wisconsin Supreme Court": Daniel Bice, Jason Stein, and Patrick Marley of The Milwaukee Journal Sentinel have this report.
Posted at 10:52 PM by Howard Bashman


"Bloomfield to appeal Commandments case to Supreme Court": The Associated Press has a report that begins, "A New Mexico city will ask the U.S. Supreme Court to hear its appeal of a lower court ruling requiring the removal of a Ten Commandments monument outside City Hall."
Posted at 10:48 PM by Howard Bashman


"Getting Back to Basics: Recognizing and Understanding the Swing Voter on the Supreme Court of the United States." Kristin M. McGaver has this Note in the current issue of the University of Minnesota Law Review.
Posted at 01:34 PM by Howard Bashman


"A Workable Democracy: The optimistic project of Justice Stephen Breyer." Lincoln Caplan has this article (available online in both HTML and PDF formats) in the March-April 2017 issue of Harvard Magazine.
Posted at 11:52 AM by Howard Bashman


"Chief justice cheers turnout at Longview off-site session": Glenn Evans of The Longview (Tex.) News-Journal has this report.

And in related coverage, Meredith Shamburger of The Longview (Tex.) News-Journal has reports that "Supreme Court visit sparks students' interest in law." Whether the visit also sparked students' interest in becoming "Twitter famous" remains to be seen.
Posted at 10:48 AM by Howard Bashman



"U.S. top court to set guidelines for Trump treatment of non-citizens": Lawrence Hurley of Reuters has this report.
Posted at 10:35 AM by Howard Bashman


Thursday, February 16, 2017

"Sit Down with Ruth Bader Ginsburg": Ka Leo O Hawai'i today posted this video interview on YouTube.
Posted at 10:48 PM by Howard Bashman


"Appeals court agrees to wait on promised Trump travel ban revision; Justice Department asked 9th Circuit to stay case pending redraft of order": Josh Gerstein of Politico.com has this report.

And Adam Liptak of The New York Times reports that "Trump Will Issue New Travel Order Instead of Fighting Case in Court."

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit staying that court's sua sponte consideration of whether to rehear the case en banc at this link.
Posted at 10:24 PM by Howard Bashman



"Leaked Emails Show Justice Clarence Thomas's Wife Pushing Travel Ban; In leaked emails, Ginni Thomas asked for advice on how to organize in favor of Trump's travel ban; But by doing so, she may have inadvertently made it harder for the executive order to survive the Supreme Court": Betsy Woodruff of The Daily Beast has this report.
Posted at 10:14 PM by Howard Bashman


"Prayer before meetings not OK, court tells county commission": MLive.com has this report.

Rick Pluta of Michigan Radio reports that "Appeals court says Jackson commissioners violated Constitution with prayer."

And Bradford Richardson of The Washington Times reports that "Animist wins appeal to thwart Christian prayer in public meetings."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 08:42 PM by Howard Bashman



"Trump's court pick reaches out, but Democrats still wary": Mary Clare Jalonick of The Associated Press has this report.
Posted at 07:48 PM by Howard Bashman


"Court rejects Florida's 'Docs vs. Glocks' law": David Ovalle of The Miami Herald has this report.

Rhonda Cook of The Atlanta Journal-Constitution reports that "Federal appeals court sides with physicians in 'Docs vs. Glocks' case."

Curt Anderson of The Associated Press has a report headlined "Court: Florida doctors can ask patients about guns."

Brendan Pierson of Reuters reports that "U.S. appeals court strikes down Florida law in 'Docs vs. Glocks' case."

And Zoe Tillman of BuzzFeed reports that "Florida Law Barring Doctors From Asking Patients If They Own Guns Is Struck Down; A federal appeals court said doctors could ask about a patient's gun ownership, but can't discriminate against patients who do own guns."

You can access today's en banc ruling of the U.S. Court of Appeals for the Eleventh Circuit, containing two separate majority opinions written by two different judges, at this link. Interestingly, the author of each majority opinion joined in full in the other majority opinion.
Posted at 07:44 PM by Howard Bashman



"Sirius XM wins dismissal of Turtles copyright lawsuit in New York": Jonathan Stempel of Reuters has this report.

And at the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "SiriusXM Wins New York Case Over Pre-1972 Sound Recordings; The 2nd Circuit rules that the satcaster deserves summary judgment and the lawsuit from Flo & Eddie should be dismissed."

You can access today's per curiam ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:33 PM by Howard Bashman



Seventh Circuit affirms conviction of self-proclaimed Indiana anarchist for maliciously conveying false information: Circuit Judge Richard A. Posner issued this opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 01:23 PM by Howard Bashman


"U.S. appeals court to reconsider challenge to consumer bureau": Lawrence Hurley of Reuters has this report.

You can access today's order of the U.S. Court of Appeals for the D.C. Circuit granting rehearing en banc at this link.

The order mentions this order that the D.C. Circuit issued today granting rehearing en banc in a separate case.
Posted at 01:07 PM by Howard Bashman



"Who are 'Officers of the United States'?" Jennifer L. Mascott has posted this article on SSRN (via "Legal Theory Blog").
Posted at 12:57 PM by Howard Bashman


"More favor than oppose Gorsuch nomination to Supreme Court": Shiva Maniam of Pew Research Center has this report.
Posted at 12:50 PM by Howard Bashman


"Senate hearings for Supreme Court pick to begin March 20": Mary Clare Jalonick of The Associated Press has this report.

And Lawrence Hurley of Reuters reports that "Trump Supreme Court nominee's confirmation hearing to start March 20."
Posted at 11:48 AM by Howard Bashman



"Richland florist discriminated against gay couple for refusing service, state's highest court rules; The high-profile court case highlights the clash between constitutional principles -- the right to be treated equally under the law and the free exercise of religion and speech": Lynn Thompson of The Seattle Times has this report on a unanimous ruling that the Supreme Court of Washington State issued today.

And Rachel La Corte of The Associated Press reports that "Washington court rules against florist in gay wedding case."
Posted at 11:42 AM by Howard Bashman



"The Big Abortion Question for Gorsuch": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 11:37 AM by Howard Bashman


"Caligula posted the tax laws in such fine print and so high that his subjects could not read them." So begins an interesting opinion that Circuit Judge Jeffrey S. Sutton issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.
Posted at 11:33 AM by Howard Bashman


"Who Will Watch the Agents Watching Our Borders?" Linda Greenhouse has this essay online at The New York Times.
Posted at 11:00 AM by Howard Bashman


"Judge Gorsuch, a Judicious Writer": Adam J. White has this post today at The Weekly Standard.
Posted at 10:55 AM by Howard Bashman


"Justices eager to meet students, public Thursday": Glenn Evans has this front page article in today's edition of The Longview (Tex.) News-Journal.

And proving that Twitter superstardom is meaningless, the newspaper has published an item headlined "Justice profile: Willett advised Bush in Austin, D.C." that doesn't even mention the subject's online claim to fame.
Posted at 10:15 AM by Howard Bashman



Access the February 2017 edition of "Appellate Issues," a publication of the ABA's Council of Appellate Lawyers: At this link. The issue reports on the 2016 AJEI Summit in Philadelphia and includes an article I wrote.
Posted at 10:05 AM by Howard Bashman


"New AFJ Report Finds Gorsuch 'Not Qualified' for Supreme Court": Alliance for Justice has issued this news release regarding a report that the organization issued today.
Posted at 09:58 AM by Howard Bashman


"Moments In History: Remembering Thurgood Marshall." United States Courts has posted this video on YouTube today.
Posted at 09:54 AM by Howard Bashman


"Judge Gorsuch Shows Sensitivity to First Amendment Issues": David L. Hudson Jr. has this report online at the Newseum Institute.
Posted at 09:52 AM by Howard Bashman


"Special master hands Ga. a victory in Southeast water war": Amanda Reilly of Greenwire has this report.
Posted at 09:50 AM by Howard Bashman


In Bashman news from Australia: Yahoo7 News of Sydney reports that "Sunbathers watch men with 'psychotic' weapons bash man."
Posted at 09:44 AM by Howard Bashman


"Scaling Judge Gorsuch's Opinions: Hints of a Possible Centrist." Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 08:44 AM by Howard Bashman


"Former law clerks herald Supreme Court nominee Neil Gorsuch's independence": Richard Wolf of USA Today has this report.

Alex Swoyer of The Washington Times reports that "Gorsuch shows 'hostility' to 'discrimination victims,' group claims in letter to senators; But 39 former clerks to the jurist hail his 'impeccable' qualifications for the Supreme Court."

And in yesterday's edition of The Philadelphia Inquirer, former U.S. Senator Rick Santorum had an op-ed titled "Gorsuch worthy of Democrats' backing." I will leave it up to others to decide whether the main purpose of the essay is to persuade Democrats or to take cheap shots at them.
Posted at 08:42 AM by Howard Bashman



"'Nobody Is Safe': Judges Sound Alarm on Tax Precedent." Adam Klasfeld of Courthouse News Service has this report on a dissent from the denial of rehearing en banc that Second Circuit Judge Dennis Jacobs issued yesterday.
Posted at 08:34 AM by Howard Bashman


Wednesday, February 15, 2017

"11 Top Constitutional Law Experts React to White House Stephen Miller's Rejection of 'Judicial Supremacy'": Ryan Goodman has this very interesting post today at the "Just Security" blog.
Posted at 10:54 PM by Howard Bashman


"Judges v. Trump: Be Careful What You Wish For." Law professor Eric Posner has this essay online at The New York Times.
Posted at 10:48 PM by Howard Bashman


"Neil Gorsuch Wants The Supreme Court To Rethink Agency Power -- And That Could Hurt Trump; Supreme Court nominee Neil Gorsuch's writings question how much deference federal agencies get in court; If the US Supreme Court reversed or weakened this pro-agency doctrine, agencies would have to meet a higher bar to fend off future legal challenges": Zoe Tillman of BuzzFeed News has this report.
Posted at 09:02 PM by Howard Bashman


"Neil Gorsuch could be the most conservative justice on the Supreme Court": Ryan Black and Ryan Owens have this entry today at the "Monkey Cage" blog of The Washington Post.
Posted at 10:57 AM by Howard Bashman


Tuesday, February 14, 2017

"Georgia scores a court win over Florida in water war": Greg Bluestein of The Atlanta Journal-Constitution has an article that begins, "Georgia notched a victory in a long-running legal dispute with Florida on Tuesday when a judicial official urged the U.S. Supreme Court to reject strict new water consumption limits that Georgia said would have struck a devastating blow to the state's economy."

Update: You can view the Report of the Special Master online at this link.
Posted at 10:52 PM by Howard Bashman



"Anthony Kennedy worries that civic discourse has become too 'hostile' and 'divisive'": Alexei Koseff of The Sacramento Bee has this report.
Posted at 10:45 PM by Howard Bashman


"Appeals court won't re-hear the 'dusky gopher frog' case": Kevin McGill of The Associated Press has this report on an order denying rehearing en banc by an 8-to-6 vote, and the dissent therefrom, that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 10:08 PM by Howard Bashman


"Supreme Court Justice Ruth Bader Ginsburg to speak to Utah lawyers this summer": Brennan Smith of The Salt Lake Tribune has this report.
Posted at 08:50 PM by Howard Bashman


"Feds urge Supreme Court to turn down Menendez appeal in bribery case": Ryan Hutchins of Politico.com has this report.
Posted at 08:46 PM by Howard Bashman


"How Donald Trump Could Pressure the Supreme Court: Conventional wisdom says that FDR's attempts to bend the judiciary to his will backfired; The truth is more complicated." Joshua Zeitz has this essay online at Politico Magazine.
Posted at 08:42 PM by Howard Bashman


"Justice Alito Declares 'Carbon Dioxide Is Not a Pollutant' in a Candid, Confused Speech": Mark Joseph Stern has this essay online at Slate.
Posted at 08:30 PM by Howard Bashman


"The Ninth Circuit's Contrived Comedy of Errors in Washington v. Trump: Part II." Josh Blackman has this post today at the "Lawfare" blog.
Posted at 07:20 PM by Howard Bashman


"Is Trump finished?" Eric Posner has this blog post today.
Posted at 04:20 PM by Howard Bashman


"Supreme Court Justice Breyer talks art -- in French": The Associated Press has this report.
Posted at 04:12 PM by Howard Bashman


"Federal judge wins $5,000 prize for book 'Waging War'": The Associated Press has this report.

And a related news release can be accessed here.
Posted at 01:26 PM by Howard Bashman



"Neil Gorsuch Has Gay Friends. Who Cares?" Mark Joseph Stern has this essay online at Slate.
Posted at 10:28 AM by Howard Bashman


"Good Behaviour #2: 'Disheartening and Demoralizing.'" "First Mondays" posted this new podcast episode yesterday.
Posted at 10:24 AM by Howard Bashman


"Increased Senate Partisanship Threatens Future of US Supreme Court": This month's installment of my "Upon Further Review" column appears in today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.
Posted at 10:12 AM by Howard Bashman


"After block of Trump travel ban, Washington Solicitor General Noah Purcell adjusts to spotlight; The ideals of Washington state Solicitor General Noah Purcell, who helped bring a halt to President Trump's travel ban, were formed by a diverse community in the heart of Seattle": Evan Bush of The Seattle Times has this report.
Posted at 09:58 AM by Howard Bashman


"Older Judges and Vacant Seats Give Trump Huge Power to Shape American Courts": Josh Katz has this post today at "The Upshot" blog of The New York Times.
Posted at 09:52 AM by Howard Bashman


Monday, February 13, 2017

"'SEE YOU IN COURT': A deep dive into the 9th Circuit's ruling on President Trump's immigration restrictions." You can access the new installment of Slate's "Amicus" podcast featuring Dahlia Lithwick via this link.

And the creators of the "First Mondays" podcast are offering special stuff in exchange for your money.
Posted at 11:36 PM by Howard Bashman



"Case of Captive in Yemen Could Test Trump's Guantanamo Pledge": Adam Goldman, Matt Apuzzo, and Eric Schmitt will have this front page article in Tuesday's edition of The New York Times.
Posted at 11:26 PM by Howard Bashman


"Democrats' Quandary on Gorsuch: Appease the Base or Honor the Process." Matt Flegenheimer will have this article in Tuesday's edition of The New York Times.
Posted at 11:22 PM by Howard Bashman


"On anniversary of Scalia's death, will his legacy live on in Neil Gorsuch?" Richard Wolf of USA Today has this report.
Posted at 09:57 PM by Howard Bashman


"Suit over artifact looting case suicide rejected on appeal": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 09:50 PM by Howard Bashman


"Review: None of Gorsuch's opinions overturned by Supreme Court; Nominee shows pattern of checking executive power." Stephen Dinan of The Washington Times has this report.
Posted at 06:17 PM by Howard Bashman


"Supreme Court Justice Breyer plays down politics of court during Sarasota speech; Justice stresses importance of the court's process in reaching decisions": Zac Anderson of The Sarasota Herald-Tribune recently had this report.
Posted at 06:02 PM by Howard Bashman


"The Ninth Circuit's Contrived Comedy of Errors in Washington v. Trump: Part I." Josh Blackman has this post today at the "Lawfare" blog.
Posted at 05:57 PM by Howard Bashman


"Meet Kellyanne Conway's husband": Mari A. Schaefer of The Philadelphia Inquirer has a blog post that begins, "As President Trump continues to fill key positions in his staff, one name floated about for solicitor general is that of George T. Conway III, husband of Kellyanne Conway, the counselor to the president."
Posted at 05:48 PM by Howard Bashman


"Scalia: Portrait of a Man & Jurist." The Federalist Society today has posted on YouTube this excerpt from the forthcoming the feature-length documentary, "Scalia: Portrait of a Man & Jurist."
Posted at 05:40 PM by Howard Bashman


"Justice Samuel Alito's remarks at the Claremont Institute, 2/11/2017": "SCOTUSMap" has this post today. Because this does not appear to be an authorized video recording, those wishing to view the video should do so soon, before the video permanently disappears.

Update on February 14, 2017 at 9:54 a.m.: As predicted, the YouTube videos are no longer accessible.
Posted at 03:42 PM by Howard Bashman



Seventh Circuit denies petition for review challenging removal of alien who violated federal law by voting in two federal elections: You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 01:48 PM by Howard Bashman


"Iowa State University loses appeal in marijuana T-shirt case": David Pitt of The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 01:42 PM by Howard Bashman


"Justice Thurgood Marshall's Legacy: Former law clerks to Supreme Court Justice Thurgood Marshall spoke about his legacy." C-SPAN has posted online the video of this program, which featured Justice Elena Kagan as a panelist.
Posted at 01:38 PM by Howard Bashman


"The Federalist Paper: The Publication Neil Gorsuch Helped Found at Columbia; Gorsuch has been a sensible voice for conservatism in liberal circles since his college years." National Review has recently republished online this article written by D. Keith Mano, which originally appeared 20 years ago in the February 13, 1987 issue of that magazine.
Posted at 01:26 PM by Howard Bashman


"On Living Well: Five Lessons from Antonin Scalia; His former law clerk recalls the legendary Supreme Court justice on the anniversary of his death." Ryan J. Walsh has this essay online today at National Review.
Posted at 01:11 PM by Howard Bashman


"I'm a moderate for Gorsuch: Former law clerk; He pushed us for research and didn't bring preconceptions into the courtroom." Jessica Greenstone has this essay online at USA Today.
Posted at 11:50 AM by Howard Bashman


Sunday, February 12, 2017

"The Vulnerabilities in the Ninth Circuit's Executive-Order Decision": Jeffrey Toobin has this post online at The New Yorker.

Also online at The New Yorker, John Cassidy has a related post titled "An Encouraging First Victory Over Trumpery."
Posted at 08:30 PM by Howard Bashman



"How a 1993 Supreme Court ruling on Santeria's animal sacrifices helped halt Trump's travel bans": Jason Silverstein of The New York Daily News has this report.
Posted at 08:12 PM by Howard Bashman


"SJC nominee 'enamored' with state Constitution": Jim O'Sullivan of The Boston Globe has this report.

And State House News Service reports that "SJC nominee Elspeth Cypher may offer 'centrist' outlook."
Posted at 08:07 PM by Howard Bashman



"Protecting consumers from swindlers; How 'fake facts' make millions for class-action lawyers": Theodore H. Frank has this essay online at The Washington Times.
Posted at 07:58 PM by Howard Bashman


"Ruth Bader Ginsburg: Anti-Immigrant Sentiment 'Disheartening'; The U.S. Supreme Court Justice, in Honolulu for a UH law school program, spoke to high school students Saturday." Anita Hofschneider of Honolulu Civil Beat has this report.
Posted at 07:52 PM by Howard Bashman


"Del.'s longest-serving Supreme Court justice to retire": Jessica Masulli Reyes of The News Journal of Wilmington, Delaware has this report.
Posted at 10:42 AM by Howard Bashman


"Cheshire Killer Komisarjevsky Asks State Supreme Court For New Trial": Dave Altimari of The Hartford Courant has this report.
Posted at 10:38 AM by Howard Bashman


"Georgia Supreme Court to consider appeal in Six Flags beating case; Appeals court previously threw out $35M judgment": This front page article appears in today's edition of The Marietta (Ga.) Daily Journal.
Posted at 10:33 AM by Howard Bashman


"Supreme Court nominee has defended free speech, religion": Jeff Donn and Geoff Mulvihill of The Associated Press have this report.
Posted at 10:18 AM by Howard Bashman


"Why Trump Has Declared War on the Judiciary: He's making things awkward for his SCOTUS nominee and hurting his chances in court; What's his endgame?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:08 AM by Howard Bashman


Saturday, February 11, 2017

"What Alex Kozinski Thinks About the Ninth Circuit's Close-Up and Making Courts More Accessible": Ross Todd of The Recorder has this report.
Posted at 10:28 PM by Howard Bashman


"Gorsuch Not Easy to Pigeonhole on Gay Rights, Friends Say": Sheryl Gay Stolberg will have this article in Sunday's edition of The New York Times.

Sunday's edition of The New York Times will also contain the new installment of Carl Hulse's "On Washington" column, headlined "In Neil Gorsuch's Confirmations, Parsing the Meaning of 'Yes.'"
Posted at 10:20 PM by Howard Bashman



"Standing up for 'so-called' law": Law school deans Martha Minow and Robert Post have this essay online at The Boston Globe.
Posted at 10:10 PM by Howard Bashman


"Donald Trump's Supreme Court Pick Came Of Age In A Very Different Republican Party; It's easy to imagine an alternate universe where Neil Gorsuch became a Never Trumper": Ben Walsh of The Huffington Post has this report.
Posted at 10:06 PM by Howard Bashman


"Supreme Court Nominee Neil Gorsuch Scales Back Description of Pro Bono Work at Harvard; President Donald Trump had highlighted that work when he introduced his nominee": Beth Reinhard of The Wall Street Journal has this report.
Posted at 09:57 PM by Howard Bashman


"Fixing Trump Executive Order's Legal Problems Is No Easy Task": Greg Stohr and David Voreacos of Bloomberg News have this report.
Posted at 05:18 PM by Howard Bashman


"9th Circuit to Trump: Rhetoric matters." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 04:16 PM by Howard Bashman


"'Disgraceful!' Trump Won't Stop Attacking The Federal Judiciary." Caitlin MacNeal of TPM DC has this report.
Posted at 04:06 PM by Howard Bashman


"What Neil Gorsuch Was Trying to Tell America When He Criticized Trump": Bruce Allen Murphy has this post at Forbes.com.
Posted at 04:04 PM by Howard Bashman


"Here's How Neil Gorsuch Became Donald Trump's Supreme Court Nominee; US Supreme Court nominee Neil Gorsuch submitted his formal questionnaire to the Senate Judiciary Committee, answering questions about his past decisions and providing new details about the events leading up to his nomination": Zoe Tillman of BuzzFeed News has this report.
Posted at 03:56 PM by Howard Bashman


"The Statutory Legality of Trump's Executive Order on Immigration: Part IV." Josh Blackman has this blog post today, in part responding to a post by Ian Samuel that I linked to this morning.
Posted at 03:52 PM by Howard Bashman


"Feds drop request to rein in ban on Obama transgender policy": Josh Gerstein of Politico.com has this blog post today.
Posted at 01:10 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: 'So Absurd That It Hardly Requires a Response.'" Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 11:09 AM by Howard Bashman


"'See the Sights of Terminal 4!' A Reply to Section 1182(f) Enthusiasts." Ian Samuel has this guest post today at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 11:06 AM by Howard Bashman


"A Flawed Restraining of a Flawed Order": Law professor (and former Tenth Circuit judge) Michael McConnell has this post at the "Defining Ideas" blog of the Hoover Institution.
Posted at 11:03 AM by Howard Bashman


"As Trump tweets, legal community turns eyes to John Roberts": Ariane de Vogue of CNN.com has this report.
Posted at 11:00 AM by Howard Bashman


"Trump's Criticism Of Judges Out Of Line With Past Presidents": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Weekend Edition Saturday."
Posted at 10:56 AM by Howard Bashman


Friday, February 10, 2017

"Trump's claim aside, travel ban ruling based in law, scholars say": Bob Egelko of The San Francisco Chronicle has this report.

And earlier this week, Egelko had an article headlined "SF-based court back on conservatives' radar as Trump ruling nears."
Posted at 11:11 PM by Howard Bashman



"Trump Vows Quick Action to Stop Terrorism After Setback in Court": Peter Baker of The New York Times has this report.
Posted at 10:38 PM by Howard Bashman


Ninth Circuit judge calls for full-court review in State of Washington v. Trump, triggering that court's sua sponte en banc procedures: The U.S. Court of Appeals for the Ninth Circuit issued this order today requiring the parties to simultaneously file briefs by February 16, 2017 addressing whether the case should be reheard by an 11-judge panel of that court.

To obtain rehearing en banc, a majority of the non-recused judges in regular active service must vote in favor of rehearing. If rehearing is ordered, the case will be reheard by a panel of 11 judges that is not guaranteed to have any of the original three judges among its members.

Although a grant of rehearing en banc in this case is unlikely, it is worth noting that two of the three judges on the original three-judge panel -- Judges Canby and Clifton -- are senior status judges, so they do not have the ability to vote on whether the case should be reheard en banc. If rehearing en banc is granted, however, then Judges Canby and Clifton can elect to be included among the judges who are capable of being randomly assigned to the 11-judge en banc panel.

The Ninth Circuit's Public Information Office today issued a related news release titled "Ninth Circuit En Banc Procedure Summary."
Posted at 10:12 PM by Howard Bashman



"Judge Gorsuch, We Won't Be Fooled Again." U.S. Senator and minority leader Charles E. Schumer (D-NY) will have this essay in the SundayReview section of this Sunday's edition of The New York Times.
Posted at 09:44 PM by Howard Bashman


"Trailblazer Thapar Might Be in Trump's SCOTUS Bullpen": Patrick L. Gregory of Bloomberg BNA has this report.

On a personal note, I got to spend some time visiting with Judge Thapar at the 2016 Sixth Circuit Judicial Conference in Louisville, and he is a very impressive person.
Posted at 05:54 PM by Howard Bashman



"Washington Lawyer's Win Over Trump Immigration Ban Brings Sudden Fame; Noah Purcell brought experience at Homeland Security, Supreme Court clerkship to state solicitor general post": Sara Randazzo of The Wall Street Journal has this report.
Posted at 04:28 PM by Howard Bashman


"A constitutional lesson for a new president": Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 02:44 PM by Howard Bashman


"See You in Court ... Maybe: The Department of Justice has four options to salvage Trump's immigration ban; Only one makes sense." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 02:42 PM by Howard Bashman


"Trump Tried to Intimidate the Judges Over His Ban, and He Failed; Presidents have thought before that they could roll those wimpy-looking nerds with their gavels and robes; It usually doesn't work out all that well": Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 02:38 PM by Howard Bashman


"The Ninth Circuit Rejects Trumpism": Amy Davidson has this post online at The New Yorker.
Posted at 02:30 PM by Howard Bashman


"Why Does Donald Trump Lash Out at Everybody, Even Judges?" John Cassidy has this post online at The New Yorker.
Posted at 02:26 PM by Howard Bashman


"Trump's Legal Options in Travel Ban Case": Adam Liptak of The New York Times has this report.
Posted at 01:32 PM by Howard Bashman


Videos of note that The Federalist Society has recently posted on YouTube: A video titled "The Legacy of Justice Scalia" featuring, among others, Sixth Circuit Judge Jeffrey S. Sutton and Rachel Kovner.

"Conversation with State Supreme Court Justices " featuring, among others, Seventh Circuit Judge Diane S. Sykes and Arizona Supreme Court Justice Clint Bolick. (Justice Bolick also recently spoke at the University of Chicago Law School; you can access the audio via this link.)

And "Forty Years Later: The Brennan Article and State Constitutions" featuring, among others, Ninth Circuit Judge Jay S. Bybee and law professor Derek Muller.

One clear pattern emerges -- if you are a federal appellate judge wishing to moderate or serve as a panelist on a Federalist Society panel, it helps to have the middle initial "S."
Posted at 01:30 PM by Howard Bashman



"Justice Kennedy's opinion in 2015 case looms in U.S. travel ban fight": Lawrence Hurley of Reuters has a report that begins, "Justice Anthony Kennedy's legal reasoning in a little-noticed 2015 U.S. Supreme Court immigration ruling could play a pivotal role in deciding the fate of President Donald Trump's travel ban if the high court eventually decides the matter."
Posted at 11:57 AM by Howard Bashman


"If Trump were smart, he'd skip a Supreme Court appeal right now": Michael Doyle and Franco Ordonez of McClatchyDC have this report.
Posted at 11:54 AM by Howard Bashman


Access the contents of the February 2017 issue of the Harvard Law Review: Via this link, containing (among other things) an article titled "The Law of Interpretation," by law professors William Baude and Stephen E. Sachs.
Posted at 11:46 AM by Howard Bashman


"Will the Supreme Court Back Trump? When his travel ban hits the highest court, don't count on it splitting on party lines." Law professor Richard Primus has this essay online at Politico Magazine.

Online at The New York Daily News, law professor Stephen I. Vladeck has an essay titled "President Trump can rant, tweet, and make threats, but the courts are immune to his antics."

And online at The Guardian (UK), Joshua Matz has an essay titled "An extraordinary act of judicial courage: inside the latest travel ban court opinion; The court's decision exemplified the rule of law in a democratic society; It displays the judicial courage our era requires."
Posted at 11:40 AM by Howard Bashman



"Different Republican Nominee, Same Democratic Dance": Leonard A. Leo has this essay today at RealClearPolitics.com.
Posted at 11:32 AM by Howard Bashman


"Higher Justice: Judge Neil Gorsuch's constitutionalism contrasts starkly with the progressive administrative state -- and the president who is appointing him." Adam J. White has this cover story in the February 20, 2017 issue of The Weekly Standard.
Posted at 11:28 AM by Howard Bashman


"Trump's trash talk on judges makes trouble for Gorsuch": The Los Angeles Times has published this editorial.
Posted at 11:25 AM by Howard Bashman


Thursday, February 9, 2017

"Threats against judges in immigration ban cases leads to increased security": Evan Perez, Shimon Prokupecz, and Ariane de Vogue of CNN.com have this report.
Posted at 10:08 PM by Howard Bashman


"Court's Clear Message to Trump: We Won't Back Down." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 10:03 PM by Howard Bashman


"Cooper withdraws from solicitor general consideration": Eliana Johnson and Tara Palmeri of Politico.com have this report.
Posted at 06:20 PM by Howard Bashman


Access today's Ninth Circuit ruling in State of Washington v. Trump: At this link. The unanimous per curiam opinion concludes, "For the foregoing reasons, the emergency motion for a stay pending appeal is DENIED."

In early news coverage, Adam Liptak of The New York Times reports that "Court Refuses to Reinstate Travel Ban, Dealing Trump Another Legal Loss."

Matt Zapotosky of The Washington Post reports that "Federal appeals court maintains suspension of Trump's immigration order."

Maura Dolan and Jaweed Kaleem of The Los Angeles Times report that "9th Circuit Court upholds stay to continue blocking enforcement of Trump's travel ban."

Richard Wolf and Alan Gomez of USA Today report that "Appeals court refuses to reinstate Trump's travel ban."

Devlin Barrett and Brent Kendall of The Wall Street Journal reports that "Appeals Court Rules Against Trump Travel Ban; Judges say temporary halt on executive order should continue."

Bob Egelko of The San Francisco Chronicle reports that "Court refuses to lift stay on Trump's travel ban."

Dan Levine and Mica Rosenberg of Reuters report that "U.S. appeals court upholds suspension of Trump travel ban."

Sudhin Thanawala of The Associated Press reports that "Federal appeals court refuses to reinstate Trump travel ban."

Josh Gerstein of Politico.com reports that "Appeals court panel rules unanimously against Trump travel ban; The appeals court ruling is not a final one on the legality of President Donald Trump's order."

Chris Geidner of BuzzFeed News reports that "Appeals Court Keeps Trump's Travel Ban On Hold, Keeping Door Open For Visa Holders And Refugees."

And at the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Appeals court keeps Trump immigration limits on hold."
Posted at 06:15 PM by Howard Bashman



"9th Circuit to rule on travel ban Thursday evening": Ariane de Vogue of CNN.com has this report.

And Chris Geidner of BuzzFeed News reports that "Appeals Court To Rule Today On Justice Department Request To Enforce Trump's Ban; Court spokesperson announces that 'an order will be filed in this case before the close of business today.'"

Accordingly, a ruling is expected by 8 p.m. eastern time. Whether the ruling will merely consist of an order or one or more opinions remains to be seen. The U.S. Court of Appeals for the Ninth Circuit will post online at this web page its ruling just as soon as the decision is issued. [Update: The ruling can be accessed directly at this link.]
Posted at 05:58 PM by Howard Bashman



"Trump Lawyers Get Ready: You'll Be in Court a Lot": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 03:42 PM by Howard Bashman


"Not Even Andrew Jackson Went as Far as Trump in Attacking the Courts: The former president was critical of Chief Justice John Marshall's rulings; But it was on constitutional, rather than political or personal, grounds." Jeffrey Rosen has this essay online at The Atlantic.
Posted at 03:38 PM by Howard Bashman


"Democrats Are Trapped on Gorsuch and the Filibuster": Ramesh Ponnuru has this essay online today at Bloomberg View.
Posted at 03:33 PM by Howard Bashman


"Recalling Gorsuch's Volunteer Work at Harvard": Attorney Janet M. Richmond has posted this letter at LinkedIn.
Posted at 03:30 PM by Howard Bashman


"Chief Justice John Roberts Visits the University of Kentucky": The University of Kentucky has posted this video on YouTube.
Posted at 03:24 PM by Howard Bashman


"UC Berkeley School of Law professors hold panel on President Trump's US Supreme Court nominee": Gibson Chu of The Daily Californian has an article that begins, "Three UC Berkeley School of Law professors, John Yoo, Jesse Choper and Daniel Farber, debated in a panel Tuesday about recent U.S. Supreme Court nominee Neil Gorsuch's qualifications and the effect he will have on the Supreme Court."
Posted at 02:54 PM by Howard Bashman


"When Presidents Think About Defying the Courts": Jeff Shesol has this post online today at The New Yorker.
Posted at 02:50 PM by Howard Bashman


"Roberts, judiciary's leader, silent on Trump criticism": Mark Sherman of The Associated Press has this report.
Posted at 02:48 PM by Howard Bashman


"Trump slams Blumenthal 'who never fought in Vietnam' for Gorsuch comments": David M. Jackson of USA Today has this report.

Doina Chiacu of Reuters reports that "Trump disputes account of his Supreme Court nominee's comments."
Posted at 02:03 PM by Howard Bashman



"After Mr. Trump's Din, the Quiet Grandeur of the Courts": This editorial appears in today's edition of The New York Times.
Posted at 01:45 PM by Howard Bashman


"Gorsuch v. Trump": Eric Posner his this blog post today, along with a blog post titled "Trump versus the judiciary: the battle lines take shape."
Posted at 01:12 PM by Howard Bashman


"Crying wolf over Neil Gorsuch": Professor Dennis J. Hutchinson has this essay online at The Chicago Tribune.
Posted at 11:50 AM by Howard Bashman


Wednesday, February 8, 2017

"ISIS Detainees May Be Held at Guantanamo, Document Shows": Charlie Savage of The New York Times has this report.
Posted at 10:04 PM by Howard Bashman


"Supreme Court Nominee Calls Trump's Attacks on Judiciary 'Demoralizing'": Julie Hirschfeld Davis of The New York Times has this report.

Abby Phillip, Robert Barnes, and Ed O'Keefe of The Washington Post report that "Supreme Court nominee Gorsuch says Trump's attacks on judiciary are 'demoralizing.'"

Beth Reinhard of The Wall Street Journal reports that "Supreme Court Nominee Neil Gorsuch Calls Trump's Comments on Judiciary 'Demoralizing'; Comment made in closed-door meeting with Sen. Richard Blumenthal, confirmed by confirmation team."

And Josh Dawsey and Seung Min Kim of Politico.com report that "Gorsuch calls Trump's judge attacks 'demoralizing' and 'disheartening'; The Supreme Court nominee breaks with the president who selected him eight days after he was nominated."
Posted at 08:02 PM by Howard Bashman



"Supreme Court Nominee Calls Trump's Judicial Attacks 'Demoralizing'; 'Disheartening' and 'demoralizing,' Judge Neil Gorsuch says of President Trump's comments in recent days": Chris Geidner of BuzzFeed News has this report.
Posted at 06:08 PM by Howard Bashman


"Liberals should welcome Gorsuch. Like Kagan, he puts law before politics." Jason Murray has this essay online at The Washington Post.
Posted at 05:22 PM by Howard Bashman


"Supreme Court nominee Gorsuch calls Trump's tweets 'disheartening'": Ashley Killough of CNN.com has this report.
Posted at 05:18 PM by Howard Bashman


"Judge Gorsuch's Misguided Quest to End Judicial Deference to Administrative Agencies": Law professor Michael C. Dorf has this essay online today at Justia's Verdict.

And at "Dorf on Law," he has a related blog post titled "Is Chevron Deference Liberal, Conservative, or Neither?"
Posted at 04:02 PM by Howard Bashman



"Record Audience for Appeals Court's Hearing on Trump Travel Ban": Brent Kendall has this post at WSJ.com's "Washington Wire" blog.
Posted at 03:58 PM by Howard Bashman


"U.S. Supreme Court puts off action on major class action dispute": Lawrence Hurley and Robert Iafolla of Reuters have this report.
Posted at 03:56 PM by Howard Bashman


"The travel ban hearing: an important legal battle in a larger constitutional war; Whichever side loses will almost certainly seek immediate review in the US supreme court -- the implications for the US and the world are extraordinary." Joshua Matz has this essay online at The Guardian (UK).
Posted at 02:48 PM by Howard Bashman


"What's at Stake in a Supreme Court Ruling in the Trump Immigration Battle?" Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 02:44 PM by Howard Bashman


"A Filibuster on a Supreme Court Nomination Is So Rare It's Only Worked Once": Elizabeth King of Time magazine has this report.
Posted at 02:24 PM by Howard Bashman


"A new role: The retired justice." Judge Glock -- who is neither a jurist nor a handgun -- has this essay online at The Chicago Tribune.
Posted at 02:22 PM by Howard Bashman


"Trump calls courts 'so political' as travel ban faces scrutiny": Roberta Rampton of Reuters has this report.
Posted at 02:14 PM by Howard Bashman


"Trump's own words a factor on immigration ban's legal fate?" Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 02:10 PM by Howard Bashman


"Younger Supreme Court appointees stay on the bench longer, but there are plenty of exceptions": Kristen Bialik and John Gramlich of Pew Research Center have this report.
Posted at 02:03 PM by Howard Bashman


"2nd Circ. Revives Actos Antitrust Suit But Limits Scope": Eric Kroh of Law360.com has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:08 PM by Howard Bashman


"Gorsuch in the Mainstream: He was upheld at the Supreme Court in seven of eight cases." The Wall Street Journal has published this editorial.
Posted at 10:58 AM by Howard Bashman


"'Justice Scalia's seat' has a history going back 150 years": Jessica Gresko of The Associated Press has this report.
Posted at 10:28 AM by Howard Bashman


"Chuck Cooper emerges as Trump's likely choice for solicitor general": Liz Goodwin of Yahoo News has this report.
Posted at 10:23 AM by Howard Bashman


"Trump to judges: Even a 'bad high school student' would rule in my favor." Kevin Liptak of CNN.com has this report.

And Jason Wells of BuzzFeed News reports that "Trump Slams Federal Judges For Being 'Political' After A Court Hearing On His Travel Ban; Trump said that courts were 'so political' after a panel of judges appeared skeptical of the government's arguments in favor of reinstating his travel ban."
Posted at 10:14 AM by Howard Bashman



"Neil Gorsuch: An Eloquent Intellectual." Law professor (and former Tenth Circuit judge) Michael McConnell has this post at the "Defining Ideas" blog of the Hoover Institution.
Posted at 10:00 AM by Howard Bashman


"Travel ban: Local attorneys say feds got tough questions from judges, but so did the state." Nina Shapiro of The Seattle Times has this report.
Posted at 09:57 AM by Howard Bashman


Tuesday, February 7, 2017

"Checks? Never Heard of Them. Balances? Forget About It. Donald Trump's unnerving belief that the judiciary's purpose is to stay out of his way." Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.
Posted at 10:00 PM by Howard Bashman


"Appeals Court Panel Appears Skeptical of Trump's Travel Ban": Adam Liptak of The New York Times has this report.

Matt Zapotosky and Robert Barnes of The Washington Post report that "Federal appeals court weighs Trump immigration order."

Maura Dolan and Jaweed Kaleem of The Los Angeles Times report that "Judges sharply question attorneys for both sides on Trump's travel ban."

Alan Gomez and Richard Wolf of USA Today report that "Federal appeals court skeptical of Trump's travel ban."

Devlin Barrett, Brent Kendall, and Aruna Viswanatha of The Wall Street Journal report that "Court Grills Lawyers on Donald Trump's Immigration Order; Judges fired tough questions at both sides in hearing over Trump's travel ban, promising a quick ruling."

Dan Levine and Emily Stephenson of Reuters report that "Judges press Trump administration on travel ban."

Sudhin Thanawala of The Associated Press reports that "Appeals court hammers on government arguments for travel ban."

Josh Gerstein of Politico.com reports that "Court dubious of government arguments on Trump's travel ban; A federal appeals court is the next major legal test for the president's executive order barring refugees and visitors from seven Muslim countries."

Ariane de Vogue and Laura Jarrett of CNN.com have a report headlined "Travel ban hearing: fiery judges put lawyers on their heels."

And Chris Geidner and Zoe Tillman of BuzzFeed News report that "Appeals Court Judges Skeptical Of Justice Department Arguments In Support Of Reinstating Ban; The US Court of Appeals for the Ninth Circuit heard one hour of arguments over the temporary restraining order against President Trump's refugee and travel ban."

The U.S. Court of Appeals for the Ninth Circuit has posted the video of the oral argument on YouTube at this link.
Posted at 09:16 PM by Howard Bashman



"Federal judges are rarely heard in real-time outside the courtroom. For Trump's travel ban hearing, you can listen live." Ann E. Marimow of The Washington Post has this report.

Of course, it's just business as usual for the U.S. Court of Appeals for the Ninth Circuit.

At 6 p.m. eastern time, the oral argument of this matter will be streamed live on YouTube via this link. As of the time of this post, the oral argument of other cases is being live-streamed now by the Ninth Circuit on YouTube at this link.
Posted at 05:14 PM by Howard Bashman



"Trump Team Shuffles Lawyers in Hours Before Travel Ban Hearing": Greg Farrell and Tom Schoenberg of Bloomberg News have this report.
Posted at 05:08 PM by Howard Bashman


"Not retiring was a selfish move": Nelson F. Crouch has this letter to the editor online at The Washington Post.
Posted at 05:00 PM by Howard Bashman


"Implementing Obergefell: Who Decides the Scope of a Newly Minted Right?" Mark Pulliam has this post today at the blog of the Library of Law and Liberty.
Posted at 04:54 PM by Howard Bashman


"A gang of 11 could end the madness of Supreme Court confirmations": Law professor Jamal Greene has this essay online at The Los Angeles Times.
Posted at 04:44 PM by Howard Bashman


"Democrats question independence of Trump Supreme Court nominee": Lawrence Hurley of Reuters has this report.
Posted at 04:40 PM by Howard Bashman


"The Gorsuch nomination: What's next." Law professor Michael Gerhardt has this guest post at "SCOTUSblog."
Posted at 04:37 PM by Howard Bashman


"What is the Trumpian view of the Constitution?" Eric Posner has a blog post that begins, "I'm looking for someone who will provide a legal or constitutional defense of Trump's attack on the courts."
Posted at 04:33 PM by Howard Bashman


"Courts Have Pushed Back During The War On Terror When The Executive Branch Asked Them To Butt Out": Zoe Tillman of BuzzFeed News has this report.
Posted at 04:30 PM by Howard Bashman


"Three Federal Judges Will Decide on Donald Trump Travel Ban; A closer look at the appeals court panel deciding on the executive order": Sara Randazzo and Nicole Hong of The Wall Street Journal have this report.
Posted at 01:40 PM by Howard Bashman


"At Stanford, Justice Ginsburg wishes for more civil discourse": Michael Bodley of The San Francisco Chronicle has this report.

Lisa M. Krieger of The San Jose Mercury News reports that "Supreme Court Justice Ginsburg talks Congress, death penalty and 'a meaningful life' at Stanford; She laments the loss of collegiality and compromise on Capitol Hill."

Courtney Douglas and Miguel Samano of The Stanford Daily report that "Justice Ruth Bader Ginsburg speaks on the Court, the state of women's rights, and a meaningful life." Samano and Douglas also interviewed Justice Ginsburg for a piece titled "'Will it happen? Yes. Inevitably.': Ruth Bader Ginsburg on social equality."

Sudhin Thanawala of The Associated Press reports that "Justice Ginsburg laments partisanship at Stanford talk."

Ariane de Vogue of CNN.com reports that "Ginsburg talks partisan rancor, Electoral College and kale."

Marina Fang of The Huffington Post has a report headlined "Ruth Bader Ginsburg: I Hope To See Bipartisanship In Congress 'When I'm Still Alive'; 'I wish there were a way I could wave a magic wand and put it back when people were respectful of each other.'"

And Kathleen J. Sullivan of Stanford News reports that "U.S. Supreme Court Justice Ruth Bader Ginsburg talks about a meaningful life; Ruth Bader Ginsburg, associate justice of the Supreme Court of the United States, delivered the Rathbun Lecture on a Meaningful Life on Monday at Stanford Memorial Church."

Stanford University has posted on YouTube the video of the "Rathbun Lecture on a Meaningful Life featuring Ruth Bader Ginsburg."
Posted at 12:18 PM by Howard Bashman



"Judge Gorsuch is a gifted writer. He's a great writer. But is he a 'Great Writer'? Part One." Ross Guberman of Legal Writing Pro has this blog post.
Posted at 12:04 PM by Howard Bashman


"Scholars: 'Liberal' reputation of 9th Circuit overblown." Gene Johnson of The Associated Press has this report.
Posted at 12:02 PM by Howard Bashman


"The law backs a president's power on immigration. Here's where the travel ban differs." David G. Savage has this front page article in today's edition of The Los Angeles Times.

Also in today's edition of The Los Angeles Times, Maura Dolan has a front page article headlined "A flurry of legal arguments as appeals court decides whether Trump's immigration ban will be enforced."
Posted at 12:00 PM by Howard Bashman



"Like Many Americans, A Judge On The Court Weighing Trump's Refugee Ban Was A Refugee; Judge Alex Kozinski's family fled communism when he was a child": Matt Ferner of The Huffington Post has this report.
Posted at 11:52 AM by Howard Bashman


"Neil Gorsuch Needs 60 Votes: The next Supreme Court justice must be a check on an out-of-control president." U.S. Senator and Senate minority leader Chuck Schumer (D-NY) has this essay online at Politico Magazine.
Posted at 10:52 AM by Howard Bashman


Monday, February 6, 2017

"Judge Barry assumes inactive status": Matthew Stiegler has this post today at his "CA3blog."
Posted at 10:38 PM by Howard Bashman


"How Trump Chose His Supreme Court Nominee": Adam Liptak will have this article in Tuesday's edition of The New York Times.
Posted at 10:09 PM by Howard Bashman


"Will You Accept This Robe? Is Supreme Court nominee Neil Gorsuch really Scalia 2.0? And the constitutional and human costs of Trump's Muslim ban." Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 09:48 PM by Howard Bashman


"Informants' interviews force Markel trial delay": Karl Etters of The Tallahassee Democrat has an article that begins, "Interviews with inmates who spent time with Sigfredo Garcia in the Leon County Jail may corroborate what one of his co-defendants and investigators have said all along about the death of Dan Markel -- that Garcia was allegedly recruited by the law professor's in-laws in a murder for hire plot."
Posted at 09:34 PM by Howard Bashman


"Gorsuch should be considered for the Supreme Court on his merits, not on Trump's tweets": Michael McGough has this essay online at The Los Angeles Times.
Posted at 07:40 PM by Howard Bashman


"Judges who ruled in Brady case unanimous in praise of game": Larry Neumeister of The Associated Press has a report that begins, "Three Manhattan judges who ruled in the 'Deflategate' case differed on the law but unanimously praised this year's Super Bowl on Monday."
Posted at 07:24 PM by Howard Bashman


"Federal appeals court decides to schedule a hearing on Trump travel order": Matt Zapotosky of The Washington Post has this report.

Adam Liptak of The New York Times reports that "Justice Department Urges Appeals Court to Reinstate Trump's Travel Ban."

Bob Egelko of The San Francisco Chronicle reports that "Trump's travel ban to be argued Tuesday in S.F. federal court."

And Chris Geidner of BuzzFeed News reports that "Appeals Court Will Hear Arguments Tuesday On Whether To Keep Trump's Travel Ban On Hold."
Posted at 07:20 PM by Howard Bashman



"A federal case over the prices inmates pay for phone calls turned 'really strange'": Ann E. Marimow of The Washington Post has this report.

And Zoe Tillman of BuzzFeed News reports that "The FCC Has Stopped Defending Its Own Rules Lowering The Cost Of Prisoner Phone Calls; Now with a majority of Republican members, the FCC recently told a federal appeals court it would no longer defend its caps on fees for calls made by prisoners, designed to help inmates maintain connections with loved ones and reduce recidivism."

You can access via this link (77.2 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 06:00 PM by Howard Bashman



"A new obstacle to Trump's immigration limits?" Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:35 PM by Howard Bashman


"Supreme Court Nominee's Legal Approach Follows Scalia; Analysis of past rulings reveal an ideology similar to late justice's": Todd Ruger of Roll Call has this report.
Posted at 01:32 PM by Howard Bashman


"Judge Gorsuch's Originalism Contrasts With Mentor's Pragmatism": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 01:28 PM by Howard Bashman


"Neil Gorsuch's Personality Could Shift Supreme Court's Dynamic; While Judge Gorsuch has some similarities to Justice Scalia, the new nominee would bring a different style": Brent Kendall and Jess Bravin of The Wall Street Journal have this report.
Posted at 01:22 PM by Howard Bashman


"Executive Power Run Amok": Law professor John Yoo has this op-ed in today's edition of The New York Times.
Posted at 11:14 AM by Howard Bashman


"Few Recall Gorsuch's Volunteer Work at Harvard; Questions arise over Trump Supreme Court pick's level of participation in programs to help less fortunate while in law school": Beth Reinhard and Jess Bravin of The Wall Street Journal have this report.
Posted at 11:08 AM by Howard Bashman


"Reading Between the Lines for Gorsuch's Views on Abortion": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 11:03 AM by Howard Bashman


"Video highlights: Exploring the presidential nomination and confirmation process." The American Bar Association has posted this video online.
Posted at 10:22 AM by Howard Bashman


"Trump order's critics urge appeals court not to allow resumption of travel ban; Former top U.S. officials and some of the nation's largest tech firms also weighed in against Trump's order": Josh Gerstein of Politico.com has this report.
Posted at 10:20 AM by Howard Bashman


In the February 13, 2017 issue of The New Yorker: In the Talk of the Town section, E. Tammy Kim has an item titled "The Gelernt Siblings' High-Profile Cases: Michelle spent Inauguration Day defending El Chapo; A week later, her brother Lee argued with the A.C.L.U. against Trump's 'Muslim ban.'"
Posted at 08:23 AM by Howard Bashman


"Opponents Of Trump's Travel Ban Make Their Case To Federal Appeals Court": Chris Geidner of BuzzFeed News has this report.
Posted at 08:14 AM by Howard Bashman


"Trump's blasts at judge raise questions for Gorsuch on independence": Robert Barnes has this front page article in today's edition of The Washington Post.
Posted at 08:06 AM by Howard Bashman


Sunday, February 5, 2017

"Trump Clashes Early With Courts, Portending Years of Legal Battles": Peter Baker will have this front page article in Monday's edition of The New York Times.
Posted at 11:44 PM by Howard Bashman


"Is Trump's immigration ban headed for the Supreme Court?" Richard Wolf of USA Today has this report.

Matt Zapotosky and Robert Barnes of The Washington Post report that "9th Circuit Court declines to quickly reinstate travel ban."

And in Monday's edition of The New York Times, Adam Liptak will have a news analysis headlined "The President Has Much Power Over Immigration, but How Much?"
Posted at 11:40 PM by Howard Bashman



"The 4 Rules That Will Explain Neil Gorsuch's Confirmation Fight: Here's your Supreme Court cheat sheet." Jeff Greenfield has this essay online at Politico Magazine.
Posted at 11:08 PM by Howard Bashman


"Oxford scholar who was mentor to Neil Gorsuch compared gay sex to bestiality; The Catholic legal professor John Finnis, who taught the supreme court nominee at Oxford, has inveighed against abortion and 'the evil of homosexual conduct'": Oliver Laughland, Molly Redden, Robert Booth, and Owen Bowcott of The Guardian (UK) have this report.

Joanna Walters of The Guardian (UK) has an article headlined "Class of '91: Obama and Gorsuch rubbed shoulders at Harvard, but their paths split; Contemporaries of Barack Obama and Trump's supreme court nominee recall two brilliant minds that ultimately went in different ideological directions."

And Hayley Glatter of The Atlantic has an article headlined "The Divergent Classmates: Neil Gorsuch and Barack Obama both graduated from Harvard Law School in 1991, but their legal ideologies are fundamentally different."
Posted at 11:04 PM by Howard Bashman



"VP Mike Pence Did Not Ask Supreme Court Nominee About Roe v. Wade": Nicki Rossoll of ABC News has this report.
Posted at 10:55 PM by Howard Bashman


"Will Neil Gorsuch be the next David Souter?" Steve Chaggaris of CBS News has this report.
Posted at 10:50 PM by Howard Bashman


"Getting to know Judge Neil Gorsuch, the 8th grader": NBC 9News of Denver has this report.
Posted at 10:48 PM by Howard Bashman


"Gorsuch nomination meets with positive reception": Jennifer Agiesta of CNN.com has a report that begins, "Americans' first impressions of Supreme Court nominee Neil Gorsuch tilt positive, and a plurality say the Senate ought to vote to confirm President Donald Trump's selection to replace Justice Antonin Scalia, according to a new CNN/ORC poll."
Posted at 10:42 PM by Howard Bashman


"Democrats Have No Play on Neil Gorsuch: Be careful." Jim Newell has this essay online at Slate.
Posted at 10:36 PM by Howard Bashman


"I read Supreme Court nominee Neil Gorsuch's book. It's very revealing." Dylan Matthews of Vox.com has this report.
Posted at 10:01 PM by Howard Bashman


"Neil Gorsuch? Originalism and the Fall of Icarus." Law professor Harold Lloyd has this blog entry at The Huffington Post.
Posted at 09:45 PM by Howard Bashman


"Neil Gorsuch: Everything You Need to Know. Q&A with Randy Barnett." ReasonTV has posted this video on YouTube.
Posted at 09:28 PM by Howard Bashman


"Expectations for Vote Timing on the Gorsuch Nomination": Samuel Morse has this post at the "Empirical SCOTUS" blog.
Posted at 05:50 PM by Howard Bashman


"Anthony Kennedy Is Not Stupid: He's not going to step down just because one decent conservative judge was nominated to the Supreme Court." Dahlia Lithwick and law professor Neil S. Siegel have this jurisprudence essay online at Slate.
Posted at 04:42 PM by Howard Bashman


"The curveball in the Gorsuch nomination": Law professor Jeffrey Pojanowski has this essay at CNN.com.
Posted at 01:22 PM by Howard Bashman


"Have the Democrats Got the Right Supreme Court Strategy?" John Cassidy has this post online at The New Yorker.
Posted at 10:56 AM by Howard Bashman


"Trump Lowers the Dignity of the Supreme Court": Law professor Stephen L. Carter has this essay online at Bloomberg View.
Posted at 10:48 AM by Howard Bashman


"Immigration chaos and long nights led to Washington's court win": Dan Levine and Lawrence Hurley of Reuters have this report.
Posted at 10:39 AM by Howard Bashman


"Gorsuch Must Condemn Trump's Attack on a Judge": Law professor Eric Posner has this essay online at The New York Times.
Posted at 10:32 AM by Howard Bashman


"Trump's 'so-called judge' is a highly regarded GOP appointee": Jim Brunner has this front page article in today's edition of The Seattle Times.
Posted at 10:09 AM by Howard Bashman


"Will the Supreme Court Stand Up to Trump?" Linda Greenhouse has this essay on the front page of the SundayReview section of today's edition of The New York Times.
Posted at 10:05 AM by Howard Bashman


"Appeals Court Rejects Request to Immediately Restore Travel Ban": Mark Landler of The New York Times has this report.

You can view last night's order of the U.S. Court of Appeals for the Ninth Circuit denying "an immediate administrative stay pending full consideration of the emergency motion for a stay pending appeal" at this link.

According to the order, the emergency motion is due to be fully briefed by 3 p.m. pacific time tomorrow. The Ninth Circuit has created this web page to provide free access to the key filings in the appeal.
Posted at 10:02 AM by Howard Bashman



Saturday, February 4, 2017

"'He's brilliant, disciplined, handsome and witty' -- Supreme Court pick Neil Gorsuch's stepmother breaks his family's silence to tell how she celebrated Trump nomination with champagne and pizza": Ruth Styles and Jake Wallis Simons of The Daily Mail (UK) have this report.

And Gordon Rayner and Nick Allen of The Telegraph (UK) report that "British family of Donald Trump Supreme Court nominee Neil Gorsuch 'thrilled but terrified.'"
Posted at 11:08 PM by Howard Bashman



"Trump administration appeals Seattle judge's halt of refugee travel ban": David Gutman of The Seattle Times has this report.

Robert Barnes, Matt Zapotosky, and Abby Phillip of The Washington Post report that "State Dept. reverses visa revocations, allows barred travelers to enter U.S."

And Mark Landler of The New York Times reports that "Trump Officials Move to Appeal Ruling Blocking Immigration Order."
Posted at 08:33 PM by Howard Bashman



"Pence vows Senate vote on Supreme Court nominee 'one way or the other'": Richard Wolf of USA Today has this report.
Posted at 05:16 PM by Howard Bashman


"In Fall of Gorsuch's Mother, a Painful Lesson in Politicking": Adam Liptak, Peter Baker, Nicholas Fandos, and Julie Turkewitz of The New York Times have this report.

And in Sunday's edition of The New York Times, Fandos will also have an article headlined "In His Own Words: Gorsuch's Lively Writings at Columbia."

In this recent post, I provided a link to access every mention of Gorsuch in the online archives of The Columbia Spectator.
Posted at 01:18 PM by Howard Bashman



"Philly employers can't ask your pay history anymore": Julia Terruso of The Philadelphia Inquirer has this report.

Bobby Allyn of NewsWorks reports that "Kenney signs bill banning Philly employers from asking for wage history."

And FoxNews.com reports that "Philadelphia becomes first US city to ban employers from requesting salary history."

My earlier coverage of this matter began with a post titled "Miguel Estrada warns City of Philadelphia that his hourly rate is very expensive."
Posted at 01:04 PM by Howard Bashman



"VP: Gorsuch will join Supreme Court 'one way or the other.'" Darlene Superville of The Associated Press has this report.

And The AP also offers "A look at Supreme Court nominee's judicial philosophy."
Posted at 12:54 PM by Howard Bashman



"Gorsuch test: Neil Gorsuch is a good pick for the Supreme Court; Democrats have powerful reasons to oppose him even so." This article appears in the current issue of The Economist.
Posted at 10:58 AM by Howard Bashman


"How Neil Gorsuch could impact current and future Supreme Court cases": Richard Wolf of USA Today has this report.

And Cristian Farias of The Huffington Post reports that "Neil Gorsuch May Miss Chance To Decide The Supreme Court's Biggest Case This Term; And that might be the best outcome transgender students can hope for."
Posted at 10:50 AM by Howard Bashman



"A Colorado native, Neil Gorsuch would bring distinctive Western touch to Supreme Court": Michael Doyle of McClatchyDC has this report.
Posted at 10:40 AM by Howard Bashman


"A Great Legal Pen: Judge Gorsuch is one of the finest writers on the federal bench." Law professor John O. McGinnis has this essay, in which I am mentioned, online at City Journal.
Posted at 09:07 AM by Howard Bashman


"Trump's Supreme Court Whisperer: The man who advised the president on picking Judge Gorsuch explains what his elevation means for the law and America." Kyle Peterson has this essay online at The Wall Street Journal.
Posted at 09:00 AM by Howard Bashman


Friday, February 3, 2017

"Neil Gorsuch, the Anti-Trump: Democrats' knee-jerk opposition to Gorsuch is a sign that they either haven't thought through what they believe about Trump or are seriously conflicted." Rich Lowry has this essay online at Politico Magazine.
Posted at 09:00 PM by Howard Bashman


"Supreme Court Fight Is More About Trump Than Gorsuch": Carl Hulse has this new installment of his "On Washington" column in today's edition of The New York Times.
Posted at 08:53 PM by Howard Bashman


"Get Ready, Supreme Court Fans. Brush Up on Your Chevron Doctrine." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:47 PM by Howard Bashman


Programming note: Blogging was limited today because I had two federal appellate court briefs due today. In the Second Circuit, I filed the opening brief on behalf of the defendant-appellant in a sentencing appeal in this case. And in the Third Circuit, I filed the reply brief on behalf of the plaintiffs-appellants in this case.
Posted at 08:11 PM by Howard Bashman


"How Trump Landed Neil Gorsuch": Fred Barnes will have this article in the February 13, 2017 issue of The Weekly Standard.
Posted at 01:08 PM by Howard Bashman


"'Little Pink House,' the movie, has its world premiere": David Collins of The Day of New London, Connecticut has this report.
Posted at 10:28 AM by Howard Bashman


"U.S. high court pick Gorsuch seen as genial, firmly conservative": Andrew Chung and Lawrence Hurley of Reuters have an article that begins, "When gay former law clerk Joshua Goodbaum married his partner in 2014, he got effusive and emotional reassurance from his former boss, President Donald Trump's conservative U.S. Supreme Court nominee Neil Gorsuch."
Posted at 10:16 AM by Howard Bashman


"Grassley Outlines Timeline for Confirming Trump's SCOTUS Nominee; Judiciary chairman anticipates a six week process": Niels Lesniewski of Roll Call has this report.
Posted at 10:14 AM by Howard Bashman


"Under New Bill, Federal Appellate Court Based in California Could Be Split Up; Sens. Jeff Flake, John McCain lead efforts to splinter off six states from 9th Circuit into newly-created appeals court": Sara Randazzo of The Wall Street Journal has this report.

According to the article, "The bill from Sens. Flake and McCain proposes creating a new circuit for Arizona, Nevada, Idaho, Montana, Alaska and Washington, based in Seattle."
Posted at 10:08 AM by Howard Bashman



"Gorsuch and Roberts, a relationship that could define American justice": Joan Biskupic of CNN.com has this report.
Posted at 10:04 AM by Howard Bashman


Thursday, February 2, 2017

"Thank God for Harry Reid": Online at The Washington Post, columnist Charles Krauthammer has an essay that begins, "There are many people to thank for the coming accession of Neil Gorsuch to the Supreme Court."

Also online at The Washington Post, columnist Eugene Robinson has an essay titled "Fighting Gorsuch is hopeless. Democrats should do it anyway."
Posted at 10:02 PM by Howard Bashman



"Was That Search Illegal? Sometimes, Neil Gorsuch Ruled It Was." Charlie Savage will have this article in Friday's edition of The New York Times.
Posted at 09:50 PM by Howard Bashman


"There's a Simple Step North Carolina's New Governor Could Take to Strengthen Voting Rights: But he'd better move fast." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this jurisprudence essay online at Slate.
Posted at 09:42 PM by Howard Bashman


"Fruit of a Poison Tree": Columnist Charles M. Blow has this essay online at The New York Times.
Posted at 09:35 PM by Howard Bashman


"U.S. court rejects states' bid to defend consumer agency": Lawrence Hurley of Reuters has this report.
Posted at 08:50 PM by Howard Bashman


"Sotomayor mentions Gorsuch obliquely in NYC college speech": The Associated Press has this report.
Posted at 08:36 PM by Howard Bashman


"Trump's sister takes inactive status on US appeals court": The Associated Press has this report.
Posted at 08:32 PM by Howard Bashman


"Law Review Elects First Black Woman President": Jamie D. Halper of The Harvard Crimson has an article that begins, "ImeIme A. Umana '14 will be the first black woman to serve as President of the Harvard Law Review, the legal journal announced Monday."
Posted at 08:16 PM by Howard Bashman


"Harvard Law Graduate Neil M. Gorsuch Nominated to Supreme Court": Jamie D. Halper of The Harvard Crimson has this report.
Posted at 08:14 PM by Howard Bashman


Confirmed -- SCOTUS nominee Neil M. Gorsuch and I do not appear in any of the same issues of The Columbia Spectator: As an undergraduate attending Columbia College from the fall of 1982 through the spring of 1986, articles that I wrote frequently appeared in Columbia's student newspaper between September 1982 and April 1985.

Judge Gorsuch, who graduated from Columbia in 1988, appeared in Columbia's student newspaper a bit less frequently overall between September 1985 and April 1988.

Earlier this week, Jessica Spitz and Aaron Holmes of The Columbia Spectator had an article headlined "Trump picks Columbia graduate as Supreme Court nominee."
Posted at 08:07 PM by Howard Bashman



"Gorsuch is a jurisprudential rock star": Ilya Shapiro has this essay today at CNN.com.
Posted at 07:36 PM by Howard Bashman


"A look at the Supreme Court nomination of Judge Neil Gorsuch, with Adam Liptak of The New York Times, Jan Crawford of CBS News, former solicitor general Paul Clement, and David Boies, chairman of the law firm Boies, Schiller & Flexner." You can view the video of yesterday's broadcast of the Charlie Rose show at this link.
Posted at 06:20 PM by Howard Bashman


"Judge Neil Gorsuch Has Admirers Across the Ideological Spectrum; Friends, colleagues and former law clerks say it is a mistake to view him as an enthusiastic engineer on the Trump train": Jess Bravin of The Wall Street Journal has this report.
Posted at 02:41 PM by Howard Bashman


"The Flight 216 Selection": At First Things, Adrian Vermeule has a post that begins, "Judge Neil Gorsuch is a walking, talking Hollywood writer's pitch: 'I've got it! Antonin Scalia meets Jimmy Stewart!'"
Posted at 01:44 PM by Howard Bashman


"Bench Brackets: Busted by Gorsuch!" Bloomberg BNA has posted online this video featuring Kimberly Robinson and Patrick Gregory.
Posted at 01:36 PM by Howard Bashman


"Seven Cases Where the Supreme Court Sided With Neil Gorsuch (And One Time it Didn't)": Hannah Recht of Bloomberg News has this report.
Posted at 01:30 PM by Howard Bashman


"4th Circuit overturns $3 million Ford crash verdict": Erica Teichert of Reuters has an article (subscription required for full access) that begins, "A federal appeals court on Wednesday threw out a $3 million jury verdict against Ford Motor Co over an alleged defect that caused a single-car accident, ruling the plaintiffs' expert witness should have been disqualified."

You can access yesterday's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 01:22 PM by Howard Bashman



"Neil Gorsuch and Justices Past": Amy Davidson has this post online at The New Yorker.
Posted at 01:11 PM by Howard Bashman


"Chief Justice Roberts avoids controversy during speech at University of Kentucky": John Cheves has this front page article in today's edition of The Lexington (Ky.) Herald-Leader.

Yesterday was "visit Lexington" day for at least two U.S. Supreme Court Justices, as Ruth Bader Ginsburg had a speaking appearance in Lexington, Virginia. In today's edition of The Washington Post, Laura Vozzella has an article headlined "Justice Ginsburg makes her first visit to the military institute she remade." And Ariane de Vogue of CNN.com reports that "At VMI, Ruth Bader Ginsburg reflects on a monumental ruling."

What remains to be confirmed is whether any Justices had the good fortune yesterday to be in Lexington, North Carolina, which is famous for its barbecue. All of which, of course, reminds me of that day in October 2015 when I had lunch in Lexington, Virginia and dinner in Lexington, Kentucky on my road-trip from Philadelphia to Atlanta.
Posted at 11:34 AM by Howard Bashman



"Gorsuch Freezing-Trucker Case Boosts Business Hopes at Top Court": Greg Stohr of Bloomberg News has this report.
Posted at 10:35 AM by Howard Bashman


"The Most Important Questions for Trump's Justice Are About Democracy: Senators should press Neil Gorsuch on questions fundamental to democratic government." Garrett Epps has this essay online at The Atlantic.
Posted at 10:32 AM by Howard Bashman


"Ask Neil Gorsuch about Merrick Garland": Alan M. Dershowitz has this essay online at The Boston Globe.
Posted at 10:30 AM by Howard Bashman


"Clerks Laud Gorsuch Despite Red Ink Spilled on Drafts": Melissa H. Stanzione of Bloomberg BNA has this report.
Posted at 10:28 AM by Howard Bashman


"Meet Neil Gorsuch: A fly-fishing Scalia fan." Ariane de Vogue of CNN.com has this report.
Posted at 10:22 AM by Howard Bashman


Known for his subtle persuasiveness: Longtime readers of this blog may recall that, in January 2014, the Supreme Court of Pennsylvania ruled 4-to-2 in favor of my client, the plaintiff, in a case that I had argued in that court more than two years and four months earlier. Additional details about that matter appear in this earlier post.

The seemingly endless wait for a ruling in that case comes to mind because -- one year ago today -- I orally argued two unrelated cases before the same three-judge panel of the Superior Court of Pennsylvania, and neither case has yet to be decided. One of the cases has a large record; the other, not so much. Additional details on both cases can be accessed via this earlier post.

Because it is unusual for one case, let alone two unrelated cases, to be pending for decision a year after oral argument -- indeed, I cannot think of any other Pa. Superior Court case that I have briefed and argued in my 25+ year career as an appellate advocate in Pennsylvania that took this long to decide -- I decided to compose this post commemorating the one-year anniversary of the oral arguments in both cases.
Posted at 10:20 AM by Howard Bashman



"Judge Gorsuch by the Numbers and Decisions": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 09:48 AM by Howard Bashman


"As private lawyer, Trump high court pick was friend to business": Lawrence Hurley of Reuters has this report.
Posted at 08:42 AM by Howard Bashman


"Ignore the attacks on Neil Gorsuch. He's an intellectual giant -- and a good man." Robert P. George has this essay online at The Washington Post.
Posted at 08:35 AM by Howard Bashman


Wednesday, February 1, 2017

"Runner-Up Didn't Make It to Supreme Court, but He Did Get to Altoona": Glenn Thrush and Maggie Haberman of The New York Times have this report.
Posted at 11:02 PM by Howard Bashman


"'Can she eat more kale?' Hordes of people want reassurance RBG's health is good." Monica Hesse of The Washington Post has this report.
Posted at 10:55 PM by Howard Bashman


"The Democrats Can't Block Gorsuch: Here are three things they can do." Dahlia Lithwick and Neil S. Siegel have this jurisprudence essay online at Slate.
Posted at 10:08 PM by Howard Bashman


"Trump's Supreme Court pick is Brian Cashman's high school buddy": Ken Davidoff of The New York Post has this report.
Posted at 09:58 PM by Howard Bashman


"The Great Divide: Will the Neil Gorsuch pick exacerbate or help heal America's deep divisions?" Akhil Reed Amar has this jurisprudence essay online at Slate.
Posted at 09:52 PM by Howard Bashman


"A Jeffersonian for the Supreme Court: Neil Gorsuch's record suggests a willingness to transform the law and to enforce constitutional limitations on the excesses of Congress and the president." Jeffrey Rosen has this essay online at The Atlantic.
Posted at 09:47 PM by Howard Bashman


"Neil Gorsuch and the Search for the Supreme Court Mainstream": Linda Greenhouse has this essay online at The New York Times.
Posted at 08:47 PM by Howard Bashman


"Good Behaviour #1: 'Grist of a Judge's Life.'" First Mondays has posted online this new podcast installment today featuring, as always, Ian Samuel and Dan Epps.
Posted at 08:09 PM by Howard Bashman


Ninth Circuit posts tomorrow's opinions online today: You can view tomorrow's published opinions of the U.S. Court of Appeals for the Ninth Circuit via this link. Thanks to a longtime reader of this blog for the tip. If you are on the losing end of one of these three cases, perhaps this will give you a few extra hours in which to perfect your rehearing petition.

Update: And just that fast, thanks perhaps to the power of "How Appealing," they are now gone. If you missed it, you can see a list of the published opinions that the Ninth Circuit apparently will be issuing on Thursday, February 2, 2017 by clicking here. I downloaded all three of tomorrow's opinions, as I'm sure countless of others also did before the opinions disappeared, but I'm not going to post them online now given that the Ninth Circuit has removed them from its site.
Posted at 07:55 PM by Howard Bashman



"Trump Picks Scalia 2.0: Gorsuch might lack Scalia's flair, but he's a high-powered thinker -- and a modern twist on the right's favorite justice." Richard Primus has this essay at Politico Magazine.
Posted at 03:44 PM by Howard Bashman


"What Could Gorsuch Mean for the Supreme Court? 13 top legal scholars weigh in." Politico Magazine has this report.
Posted at 03:32 PM by Howard Bashman


"Admitting women to VMI made it 'a better place,' Justice Ginsburg says": Laurence Hammack of The Roanoke Times has this report.

You can view the video of Justice Ruth Bader Ginsburg's appearance today at the Virginia Military Institute on demand via this link.
Posted at 01:58 PM by Howard Bashman



"In Gorsuch, Trump gave Democrats a gift. They should take it." Radley Balko has this essay online at The Washington Post.
Posted at 01:25 PM by Howard Bashman


"Gorsuch's judicial philosophy is like Scalia's -- with one big difference": Jonathan H. Adler has this essay online at The Washington Post.
Posted at 11:28 AM by Howard Bashman


"A 'view' from the East Room: The unveiling of Neil Gorsuch." Mark Walsh has this post at "SCOTUSblog."
Posted at 11:18 AM by Howard Bashman


"Neil Gorsuch Is Nothing Like Donald Trump: He's principled, dexterous, and eloquent." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 11:12 AM by Howard Bashman


"Neil Gorsuch, Elite Conservative": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:09 AM by Howard Bashman


"Trump's Supreme Court Reality Show Was Not a Distraction: It was a capstone to a yearlong campaign to degrade the law and the Constitution." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 11:06 AM by Howard Bashman


"Unlike Trump, Neil Gorsuch Has Shown Flickers of Humanity on Criminal Justice Issues": Leon Neyfakh has this essay online at Slate.
Posted at 11:03 AM by Howard Bashman


"Neil Gorsuch is Just Round One in the Fight for the Supreme Court": Mark Pulliam has this post at the "American Greatness" blog.
Posted at 08:50 AM by Howard Bashman


"With Gorsuch, Trump got his Supreme Court pick right": Ilya Shapiro has this essay online at The New York Post.
Posted at 08:47 AM by Howard Bashman


"Trump's Supreme Court Pick Determined That A Badly Botched Execution Was An 'Innocent Misadventure'; Judge Neil Gorsuch has heard -- and sided with the government in -- several recent and important execution cases": Chris McDaniel of BuzzFeed News has this report.
Posted at 08:42 AM by Howard Bashman


"Neil Gorsuch Is Not a Villain: Donald Trump's Supreme Court nominee is a rock-ribbed conservative who's difficult to oppose on jurisprudential grounds." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 08:34 AM by Howard Bashman


"Ayotte to lead White House team shepherding Supreme Court nominee": Philip Rucker and Ashley Parker of The Washington Post have this report.
Posted at 08:32 AM by Howard Bashman






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