How Appealing

Saturday, March 25, 2017

"The History of 'Stolen' Supreme Court Seats: As the new administration seeks to fill a vacancy on the Court, a look back at the forgotten mid-19th century battles over the judiciary." Erick Trickey of Smithsonian.com has this report.
Posted at 12:38 PM by Howard Bashman


"From bedroom to boardroom, Supreme Court is in your business": Nancy Benac of The Associated Press has this report.
Posted at 12:33 PM by Howard Bashman


"Judges' Late Travel-Ban Dissent May Preview Supreme Court Approach": Roger Parloff has this post online at New York Magazine.
Posted at 12:30 PM by Howard Bashman


"Historic Utah mansion -- with gold-leaf walls and Supreme Court marble -- going up for auction": Luke Ramseth of The Salt Lake Tribune has this report.
Posted at 12:22 PM by Howard Bashman


"Democrats file complaint against Supreme Court justice over GOP promotion": Matthew DeFour of The Wisconsin State Journal has an article that begins, "A Democratic Party official has filed a complaint against conservative Wisconsin Supreme Court Justice Michael Gableman for appearing in promotional materials as a featured speaker for a recent local Republican Party fundraiser."
Posted at 12:15 PM by Howard Bashman


"Justice Hardesty gives tour of Nevada Supreme Court building set to open Monday": David Ferrara of The Las Vegas Review-Journal has this report.
Posted at 12:11 PM by Howard Bashman


"Why Neil Gorsuch's Confirmation Hearings Were a Waste of Time: Trump's Supreme Court pick said virtually nothing of substance -- and the Democrats seem unlikely to stand firm against him." David S. Cohen of Rolling Stone has this report.
Posted at 11:58 AM by Howard Bashman


"End Supreme Court lotto: Do we want any president to have the power to shape the Court and therefore the country for 30 years or more?" James Tisch has this essay online at USA Today.
Posted at 11:55 AM by Howard Bashman


"Napolitano told friends he was on Trump's Supreme Court shortlist; The benched Fox News personality has claimed the president told him he'd be considered for the next seat that comes open": Eliana Johnson and Annie Karni of Politico.com have this report.
Posted at 11:50 AM by Howard Bashman


"Filibustering Gorsuch Is Still a Bad Idea": Law professor Noah Feldman has this essay online at Bloomberg View, along with an essay titled "The Supreme Court Didn't Really Smack Down Gorsuch."
Posted at 10:06 AM by Howard Bashman


"Gorsuch may have clerked for Kennedy, but hearings show he's more like Scalia": Robert Barnes has this article in today's edition of The Washington Post.
Posted at 10:00 AM by Howard Bashman


Friday, March 24, 2017

"Neil Gorsuch Makes the Case for His Own Independence": Benjamin Wallace-Wells has this post online at The New Yorker.
Posted at 03:48 PM by Howard Bashman


"Feds try for toss of hedge fund founder's misconduct case at 2nd Circuit": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a post that begins, "On Friday morning, the Justice Department will appear before Judges Reena Raggi, Denny Chin and Susan Carney of the 2nd U.S. Circuit Court of Appeals to argue that even if an FBI agent misrepresented government evidence to obtain a search warrant in 2010 against hedge fund founder David Ganek, it doesn't really matter."
Posted at 10:22 AM by Howard Bashman


"The Constraint Principle: Original Meaning and Constitutional Practice." Law professor Lawrence B. Solum has posted this paper on SSRN.
Posted at 09:14 AM by Howard Bashman


"Chuck Schumer Breaks the Senate: Why desperate red-state Democrats are floating a 'deal' to let Gorsuch through." Kimberley A. Strassel has this op-ed in today's edition of The Wall Street Journal.
Posted at 09:10 AM by Howard Bashman


"High-Court Case to Challenge Jurisdiction 'Shopping' in Patent Suits; Litigation challenges system that has led to concentration of patent cases in plaintiff-friendly districts": John D. McKinnon has this front page article in today's edition of The Wall Street Journal.
Posted at 09:02 AM by Howard Bashman


Thursday, March 23, 2017

"Rowan County prayer lawsuit returns to 4th Circuit Court of Appeals": Josh Bergeron of The Salisbury (N.C.) Post has this report.

And Alanna Durkin Richer of The Associated Press reports that "Court asks who should lead prayer before government meeting."

You can access via this link (57.7 MB mp3 audio file) the audio of yesterday's oral argument before the en banc U.S. Court of Appeals for the Fourth Circuit in this appeal.
Posted at 11:36 PM by Howard Bashman



"Gorsuch on Chevron deference": Eric Posner has this blog post today.
Posted at 11:18 PM by Howard Bashman


"Democrats Plan to Filibuster to Thwart Gorsuch Nomination": Matt Flegenheimer, Charlie Savage, and Adam Liptak will have this article in Friday's edition of The New York Times.

And Robert Barnes, Ed O'Keefe, and Ann E. Marimow of The Washington Post have an article headlined "Schumer: Democrats will filibuster Gorsuch nomination."
Posted at 11:16 PM by Howard Bashman



Programming note: Later today, I will be traveling to Minneapolis, where tomorrow I will be delivering the keynote address at the Minnesota State Bar Association's 11th Annual Appellate Practice Institute. As a result, additional posts will not appear here until tonight.

In the interim, as is often the case while I am traveling, appellate-related retweets are likely to appear on this blog's Twitter feed.
Posted at 11:32 AM by Howard Bashman



"Gun dealers argue against Alameda County restrictions on stores": Bob Egelko of The San Francisco Chronicle has this report.

You can access at this link via YouTube the video of yesterday's oral argument before an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 10:12 AM by Howard Bashman



"J. Gorsuch Will Be Awful on #SCOTUS for Progressives. Democrats Should Not Filibuster Him." Rick Hasen has this post at his "Election Law Blog."
Posted at 10:08 AM by Howard Bashman


"Democrats Fail to Move Gorsuch Off Script and Beyond Generalities": Adam Liptak and Matt Flegenheimer have this article in today's edition of The New York Times.
Posted at 10:06 AM by Howard Bashman


"Supreme Court Justice Confirmation Hearing, Day 4": Via C-SPAN, you can view today's proceedings live, online at this link.
Posted at 09:44 AM by Howard Bashman


Wednesday, March 22, 2017

"Wisconsin man who threatened to kill Obama loses appeal": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 09:57 PM by Howard Bashman


"Merck must face renewed Fosamax warning claims: U.S. appeals court." Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 09:35 PM by Howard Bashman


"Of Horse v. Duck, Mutton Busting and Other Confirmation Diversions": Matt Flegenheimer of The New York Times has this report.
Posted at 09:05 PM by Howard Bashman


"Go Ahead, Neil Gorsuch, Tell Us What You Think": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 03:46 PM by Howard Bashman


"Neil Gorsuch Was Hatched in a Federalist Society Lab: With spare body parts stolen from Atticus Finch, Richie Cunningham, and Snoopy." Dahlia Lithwick has this jurisprudence essay online today at Slate.
Posted at 03:44 PM by Howard Bashman


"Justices side with workers in bankruptcy dispute": The Associated Press has this report.
Posted at 01:30 PM by Howard Bashman


"Gorsuch Criticized as Top Court Rejects Him on Disabled Students": Greg Stohr and Laura Litvan of Bloomberg News have this report.

And Sam Hananel of The Associated Press reports that "High Court bolsters rights of learning-disabled students."
Posted at 01:28 PM by Howard Bashman



"Supreme Court rules uniform design elements can be copyrighted": Lawrence Hurley of Reuters has this report.

And The Associated Press reports that "Justices side with leading cheerleading uniform maker."
Posted at 01:23 PM by Howard Bashman



"Gorsuch's Legacy, and the Planet's": Columnist David Leonhardt has this essay online at The New York Times.
Posted at 01:15 PM by Howard Bashman


"Highlights From Judge Gorsuch's Confirmation Hearing": Adam Liptak, Charlie Savage, Matt Flegenheimer, and Carl Hulse of The New York Times have this report.
Posted at 01:10 PM by Howard Bashman


"Bush State Department Official Confirms Gorsuch's Account of Waterboarding Dispute": Jess Bravin has this post today at WSJ.com's "Washington Wire" blog.
Posted at 11:14 AM by Howard Bashman


"Mr. Trump Goes After Consumer Financial Protection Bureau": This editorial appears in today's edition of The New York Times.
Posted at 11:09 AM by Howard Bashman


"My Testimony on Originalism for the Gorsuch Hearings": Lawrence Solum has this post today at his "Legal Theory Blog," You can access directly the prepared text of the textimony on SSRN via this link.
Posted at 11:06 AM by Howard Bashman


"Public Record, Astronomical Price: Unable to afford a trial transcript, a journalist digs into the laws that govern them." Emma Copley Eisenberg has this commentary online at The Marshall Project.
Posted at 10:54 AM by Howard Bashman


"No Peeking? Korematsu and Judicial Credulity." Ian Samuel and Leah Litman have this post today at the "Take Care" blog.
Posted at 10:22 AM by Howard Bashman


"Rowan County prayer lawsuit set for oral arguments Wednesday": Josh Bergeron of The Salisbury (N.C.) Post has this report.

When the audio of today's en banc reargument in the U.S. Court of Appeals for the Fourth Circuit becomes available online, I will link to it.
Posted at 10:20 AM by Howard Bashman



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

1. Justice Stephen G. Breyer delivered the opinion of the Court in Czyzewski v. Jevic Holding Corp., No. 15-649. Justice Clarence Thomas issued a dissenting opinion, in which Justice Samuel A. Alito, Jr. joined. You can access the oral argument via this link.

2. Justice Thomas delivered the opinion of the Court in Star Athletica, L.L.C. v. Varsity Brands, Inc., No. 15-866. Justice Ruth Bader Ginsburg issued an opinion concurring in the judgment. And Justice Breyer issued a dissenting opinion, in which Justice Anthony M. Kennedy joined. You can access the oral argument via this link.

3. And Chief Justice John G. Roberts, Jr. delivered the opinion for a unanimous Court in Endrew F. v. Douglas County School Dist. RE-1, No. 15-827. You can access the oral argument via this link.
Posted at 10:04 AM by Howard Bashman



"Supreme Court Justice Confirmation Hearing, Day 3": You can watch live, online from C-SPAN via this link. Today's proceedings are scheduled to begin moments from now, at 9:30 a.m. eastern time.
Posted at 09:27 AM by Howard Bashman


"Gorsuch Says He'd Rule Against Trump if Law Required It": Adam Liptak and Matt Flegenheimer have this front page article in today's edition of The New York Times. Also in today's paper, Charlie Savage has an article headlined "Where Does Gorsuch Stand on Torture? It's Hard to Say." And Carl Hulse reports that "Joviality at Neil Gorsuch's Hearing Masks Drama Behind the Scenes."

In today's edition of The Washington Post, Robert Barnes and Ed O'Keefe have a front page article headlined "Supreme Court nominee Gorsuch stresses his independence from President Trump." Also in today's paper, Paul Kane has an article headlined "Gorsuch promises independence from Trump -- and steals Democrats' line of attack." Columnist Dana Milbank has an op-ed titled "Good-golly Gorsuch may turn out to be a rascal on the bench." Columnist Kathleen Parker has an op-ed titled "President Trump's sanest decision." And at the newspaper's "Wonkblog," Christopher Ingraham has a post titled "Sorry Neil Gorsuch -- American judges are just as partisan as everyone else."

David G. Savage and Evan Halper of The Los Angeles Times report that "Gorsuch promises he would be independent on Supreme Court, including from President Trump."

In today's edition of The Wall Street Journal, Jess Bravin has a front page article headlined "Supreme Court Nominee Neil Gorsuch Deflects Tough Questions From Democrats; President Donald Trump's high-court pick seemed to avoid missteps during confirmation hearing."

In today's edition of USA Today, Richard Wolf has a front page article headlined "Supreme Court nominee Neil Gorsuch evades tough questions at confirmation hearing."

Michael Doyle of McClatchyDC reports that "Gorsuch sailing through Supreme Court confirmation hearing, helped by Sen. Tillis."

In today's edition of The Washington Times, Alex Swoyer has a front page article headlined "Gorsuch promises independence from Trump, Congress." And Stephen Dinan reports that "Gorsuch's rulings come under the microscope."

In today's edition of The Denver Post, Mark K. Matthews has a front page article headlined "Senate presses Neil Gorsuch on torture, abortion and elections."

And on today's broadcast of NPR's "Morning Edition" Nina Totenberg had an audio segment titled "Gorsuch Stresses Judicial Independence In Second Day Of Hearings." The program also contained an audio segment titled "Trump Adviser On Navigating Gorsuch's Nomination."
Posted at 08:30 AM by Howard Bashman



"'I'll Criticize Judges,' Trump Says, Hours After a Scolding for Doing Just That": Glenn Thrush of The New York Times has this report.
Posted at 08:24 AM by Howard Bashman


Tuesday, March 21, 2017

"Court rules against state on skim milk labeling": Jim Saunders of the News Service of Florida has this report.

And Brendan Farrington of The Associated Press reports that "Appeals court rules skim milk can be called 'skim milk.'"

You can access yesterday's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 11:05 PM by Howard Bashman



"Appeals Court Rules TV Streamers Don't Get Compulsory License to Broadcast Networks; The 9th Circuit has reversed a federal judge who concluded otherwise": At the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has this post about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 10:44 PM by Howard Bashman


"Court: Student prayer allowed at Birdville school board meetings." Ryan Osborne of The Fort Worth Star-Telegram has this report.

Julieta Chiquillo of The Dallas Morning News reports that "Birdville ISD won't have to end student-led prayers at board meetings."

Jonathan Stempel of Reuters has a report headlined "Texas school board can start meetings with prayer: U.S. appeals court."

And Kevin McGill of The Associated Press has a report headlined "Court: Student prayers OK at school board meetings."

You can access yesterday's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 10:08 PM by Howard Bashman



"Man jailed indefinitely for refusing to decrypt hard drives loses appeal; 'Our client has now been in custody for almost 18 months,' defense attorney says": David Kravets of Ars Technica has this report.

Tera Brostoff of Bloomberg BNA reports that "Child Porn Defendant Can Be Forced to Decrypt Hard Drives."

BBC News reports that "US man loses appeal over encrypted drives."

And at "The Volokh Conspiracy," Orin Kerr has a post titled "Third Circuit doesn't resolve standard for forced decryption under the Fifth Amendment."

You can access yesterday's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 09:00 PM by Howard Bashman



"The doctrine of deference deserves another look. Chevron and Auer and their like are, with all respect, contrary to the roles assigned to the separate branches of government": So writes Circuit Judge Kent A. Jordan in his opinion concurring in the judgment issued as part of a decision that the U.S. Court of Appeals for the Third Circuit handed down today.
Posted at 08:24 PM by Howard Bashman


"What Recent SCOTUS Confirmations Tell Us About the Gorsuch Hearings": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 08:10 PM by Howard Bashman


Pharmacist with fear of needles loses big Americans with Disabilities Act jury verdict in Second Circuit appeal: A unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued this ruling today, a big victory for Allyson N. Ho, lead counsel for the defendant-appellant.
Posted at 08:06 PM by Howard Bashman


"How the First Amendment Applies to Trump's Presidency": Lincoln Caplan has this post online today at The New Yorker.
Posted at 04:06 PM by Howard Bashman


"Gorsuch's Nomination Is the Fruit of a Broken Confirmation Process; The Colorado judge's potential rise to the Supreme Court is compromised by the crudest sort of bare-knuckle partisan politics": Law professor Garrett Epps has this essay online at The Atlantic, along with an essay titled "Gorsuch's Selective View of 'Religious Freedom'; Trump's nominee to replace Justice Antonin Scalia possesses the same limited view of religious freedom supported by the conservatives currently on the Supreme Court."
Posted at 04:02 PM by Howard Bashman


"Neil Gorsuch and the 'Frozen Trucker': The judge's infamous dissent reveals he may not have the temperament to serve on the Supreme Court." Law professor Jed Handelsman Shugerman has this jurisprudence essay online at Slate.
Posted at 03:56 PM by Howard Bashman


"Can Neil Gorsuch Answer a Question? On Day 2 of his Supreme Court confirmation hearings, it remains unclear." Mark Joseph Stern has this jurisprudence essay online today at Slate.
Posted at 03:54 PM by Howard Bashman


"How 'Price Discrimination' Helps Less-Affluent Countries; The Supreme Court takes up a patent-law case with repercussions far beyond U.S. borders": Law professor Daniel Hemel and Lisa Larrimore Ouellette have this op-ed in today's edition of The Wall Street Journal.
Posted at 03:44 PM by Howard Bashman


"Gorsuch, Abortion and the Concept of Personhood": Professor Corey Brettschneider has this essay online at The New York Times.
Posted at 01:22 PM by Howard Bashman


"Seven Takeaways From Gorsuch Confirmation Hearings": Matt Flegenheimer, Adam Liptak, Carl Hulse, and Charlie Savage of The New York Times have this report.

Robert Barnes, Ed O'Keefe, and Sean Sullivan of The Washington Post have a report headlined "Supreme Court confirmation hearing: Neil Gorsuch on political pressure and judicial independence."

Richard Wolf of USA Today reports that "Supreme Court nominee Neil Gorsuch evades tough questions at confirmation hearing."

Alex Swoyer of The Washington Times reports that "Gorsuch promises independence from Trump, Congress."

And Lawrence Hurley and Andrew Chung of Reuters report that "Supreme Court nominee stakes out independence from Trump."
Posted at 12:56 PM by Howard Bashman



"U.S. Supreme Court hears arguments in dispute over St. Croix riverfront lot; Siblings say zoning restrictions wrongly interfere with its sale": Maya Rao of The Minneapolis Star Tribune has this report.

Sam Hananel of The Associated Press reports that "Supreme Court seems divided in property rights dispute centered on Wisconsin cottage."

And at "The Volokh Conspiracy," Ilya Somin has a post titled "Thoughts on the oral argument in Murr v. Wisconsin."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Murr v. Wisconsin, No. 15-214.
Posted at 10:22 AM by Howard Bashman



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

1. Justice Elena Kagan delivered the opinion of the Court in Manuel v. Joliet, No. 14-9496. Justice Clarence Thomas issued a dissenting opinion. And Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Justice Thomas joined. You can access the oral argument via this link.

2. Justice Alito delivered the opinion of the Court in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, No. 15-927. Justice Stephen G. Breyer issued a dissenting opinion. You can access the oral argument via this link.

3. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in NLRB v. SW General, Inc., 15-1251. Justice Thomas issued a concurring opinion. And Justice Sonia Sotomayor issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined. You can access the oral argument via this link.
Posted at 10:06 AM by Howard Bashman



"On Key Issues, Judge Gorsuch Is Pro-Presidential Power": Leah Litman has this post at the "Take Care" blog.
Posted at 09:52 AM by Howard Bashman


"With the Travel Ban, Federal Courts Face a New Legal Issue: Should judges consider a president's statements when attempting to understand the meaning of an executive order?" Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 09:48 AM by Howard Bashman


"Another Federal Court of Appeals Attacks the Second Amendment: When Andrew Scott heard loud pounding at his door, he had the 'clearly established' right to answer it, with a gun at his side." David French has this essay online at National Review.
Posted at 09:44 AM by Howard Bashman


"When 'No' Doesn't Mean 'No': Did the subject invoke his right to remain silent?" Andrew Cohen has this post online at The Marshall Project.
Posted at 09:40 AM by Howard Bashman


"High court nominee to face daylong questioning in Senate": Erica Werner and Mark Sherman of The Associated Press have this report.

And Lawrence Hurley and Andrew Chung of Reuters report that "Democrats set to grill Trump's Supreme Court nominee."
Posted at 09:35 AM by Howard Bashman



Supreme Court Justice Confirmation Hearing, Day 2: Live on C-SPAN via this link.
Posted at 09:30 AM by Howard Bashman


"Gorsuch Tries to Put Himself Above Politics in Confirmation Hearing": Matt Flegenheimer has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes, Ed O'Keefe, and Sean Sullivan have a front page article headlined "Supreme Court nominee Neil Gorsuch's first day of hearings featured glowing assessments from Republicans and vows of scrutiny from Democrats."

David G. Savage of The Los Angeles Times reports that "Democrats voice deep skepticism at Gorsuch's confirmation hearing for Supreme Court seat."

Jess Bravin of The Wall Street Journal reports that "At Neil Gorsuch Hearing, Parties Strike Different Notes; Republicans hail judge's credentials while Democrats lament roadblock of Obama's nominee."

Richard Wolf of USA Today has an article headlined "Neil Gorsuch's confirmation hearings: 5 key things to watch for this week."

Michael Doyle and Lindsay Wise of McClatchy Washington Bureau report that "Supreme Court nominee takes center stage amid fierce Democratic backstage action."

Alex Swoyer of The Washington Times reports that "Gorsuch casts himself as mainstream judge, tries to create distance from Trump."

Mark K. Matthews of The Denver Post reports that "Senators draw battle lines as confirmation hearing begins for Neil Gorsuch; Democrats in their opening statements reminded Republicans of how they blocked Merrick Garland from getting a hearing or vote."

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Confirmation Hearing Begins For Supreme Court Nominee Neil Gorsuch." The program also contained an audio segment titled "Judge Harris Hartz Praises Neil Gorsuch As 'A Fair-Minded Person.'"
Posted at 08:30 AM by Howard Bashman



Monday, March 20, 2017

"Will Gorsuch Join Justices in Time to Matter This Term?" Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:50 PM by Howard Bashman


"Neil Gorsuch Faces the Senate": This editorial will appear in Tuesday's edition of The New York Times.
Posted at 10:33 PM by Howard Bashman


"Trump to nominate federal Judge Amul Thapar to 6th Circuit Court of Appeals": Bill Estep of The Lexington (Ky.) Herald-Leader has this report.

And Lucas Aulbach of The Courier-Journal of Louisville, Kentucky reports that "Trump to nominate Thapar to serve on U.S. Court of Appeals."
Posted at 10:02 PM by Howard Bashman



"How Dare You Question Our Precious Nominee? Republicans broke every rule to block Merrick Garland. Now, they're outraged that anyone would challenge Neil Gorsuch." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:38 PM by Howard Bashman


"Nine Questions for Neil Gorsuch": Ramesh Ponnuru has this essay online today at Bloomberg View.
Posted at 09:30 PM by Howard Bashman


"No Exit: Review of The Future of Assisted Suicide and Euthanasia, by Neil M. Gorsuch." Professor Gerald Dworkin has this book review today at The New Rambler.
Posted at 09:26 PM by Howard Bashman


"What Does Originalism Mean to Judge Gorsuch?" Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 09:00 PM by Howard Bashman


"Gorsuch's balls-and-strikes moment": Eric Posner has this blog post today.
Posted at 08:50 PM by Howard Bashman


"Garland's Name Is Invoked Frequently at Gorsuch Hearing": Matt Flegenheimer, Carl Hulse, and Charlie Savage of The New York Times have this report.

Ed O'Keefe and Robert Barnes of The Washington Post have an article headlined "Gorsuch confirmation hearing: Democratic senators express doubts about nominee."

And David G. Savage of The Los Angeles Times reports that "Democrats voice deep skepticism at Gorsuch's confirmation hearing for Supreme Court seat."
Posted at 12:50 PM by Howard Bashman



"Gorsuch's Collision Course With the Administrative State": Law professor Philip Hamburger has this op-ed in today's edition of The New York Times.
Posted at 12:46 PM by Howard Bashman


"GOP chairman praises Supreme Court pick as hearing opens": Erica Werner and Mark Sherman of The Associated Press have this report.

And Lawrence Hurley and Andrew Chung of Reuters report that "High-stakes Senate hearing on Trump's Supreme Court nominee begins."
Posted at 12:42 PM by Howard Bashman



"Gorsuch Confirmation Hearing, Day 1": C-SPAN has already begun to broadcast its live-stream of the hearing room, which you can access via this link. The hearing is scheduled to begin at 11 a.m. eastern time.
Posted at 10:48 AM by Howard Bashman


"Gorsuch's Goal in High Court Confirmation Hearing: Don't Mess Up." Greg Stohr of Bloomberg News has this report.
Posted at 10:45 AM by Howard Bashman


"Gorsuch: Picked for Court by Federalist Society?" Kenneth Jost has this post today at his blog, "Jost on Justice."
Posted at 10:42 AM by Howard Bashman


On today's broadcast of C-SPAN's "Washington Journal": Today's program contained video segments titled "Seung Min Kim Previews Gorsuch Hearings" and "Elizabeth Wydra and Carrie Severino on Supreme Court Nominee Neil Gorsuch."
Posted at 10:34 AM by Howard Bashman


"Former Law Student: Gorsuch Told Class Women 'Manipulate' Maternal Leave." Arnie Seipel and Nina Totenberg of NPR have this report.
Posted at 10:28 AM by Howard Bashman


"Does the First Amendment Protect Trump's Travel Ban? A 9th Circuit judge just gave the Supreme Court's conservatives an excuse to uphold the president's bigoted executive order." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this jurisprudence essay online today at Slate.
Posted at 10:25 AM by Howard Bashman


"Trump's Supreme Court nominee to face senators in marathon hearing": Lawrence Hurley and Andrew Chung of Reuters have this report.
Posted at 10:18 AM by Howard Bashman


"Neil Gorsuch on the issues": Ariane de Vogue of CNN.com has this report, along with a report headlined "Why is a liberal, former Obama admin official introducing Neil Gorsuch?"
Posted at 10:14 AM by Howard Bashman


"In a first, former CIA captive appeals Guantanamo trial to Supreme Court": Carol Rosenberg of The Miami Herald has this report.
Posted at 10:00 AM by Howard Bashman


Access today's Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.
Posted at 09:33 AM by Howard Bashman


In the March 27, 2017 issue of The New Yorker: Elizabeth Kolbert has an article headlined "Can Chuck Schumer Check Donald Trump? After suggesting that he might be able to work with the President, the Senate Minority Leader is taking a harder line."

And Jill Lepore has "A Critic at Large" essay titled "Weaponizing the Past: How should the courts use history?"
Posted at 09:25 AM by Howard Bashman



"A Supreme Court Nominee Alert to the Dangers of Big Business: Far from reflexively favoring big corporations over small competitors, Judge Neil Gorsuch has a nuanced view of antitrust law." Jeffrey Rosen has this essay online today at The Atlantic.
Posted at 09:18 AM by Howard Bashman


"Senate Panel To Begin Hearings For Supreme Court Nominee Neil Gorsuch": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."

Today's program also included audio segments titled "Former Colleague Says Judge Gorsuch Works Across Party Lines" and "Judge Gorsuch To Appear Before Senate Panel For Confirmation Hearings."

The confirmation hearing is scheduled to begin at 11 a.m. eastern time today before the U.S. Senate Judiciary Committee.
Posted at 07:58 AM by Howard Bashman



"OT2016 #16: 'His Elegant Fountain Pen.'" You can access today's new episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 07:52 AM by Howard Bashman


Sunday, March 19, 2017

"Opening shot: Gorsuch statement to committee to set tone for confirmation hearing." Alex Swoyer of The Washington Times has an article that begins, "At some point Monday afternoon, Judge Neil Gorsuch will sit alone at the witness table and deliver his opening statement to the Senate Judiciary Committee, setting the initial tone for the week's worth of probing."
Posted at 11:30 PM by Howard Bashman


"Gorsuch Confirmation Presents Democrats With 2 Difficult Paths": Carl Hulse has this new installment of his "On Washington" column online at The New York Times.
Posted at 11:25 PM by Howard Bashman


"A Federal Judge Offers A Behind-The-Bench Look At Trump's First Supreme Court Nominee; Judge Harris Hartz, who has served with Supreme Court nominee Judge Neil Gorsuch for the past decade, spoke with BuzzFeed News about what Gorsuch is like to work with and why be believes some of Gorsuch's critics have it wrong about his record": Zoe Tillman of BuzzFeed News has this report.
Posted at 11:20 PM by Howard Bashman


"What Neil Gorsuch Can Learn From His Grandfather": Andrew Cohen has this essay online at the Brennan Center for Justice.
Posted at 11:14 PM by Howard Bashman


"Supreme Court nominee Gorsuch an 'extremist,' Feinstein's office says": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 11:10 PM by Howard Bashman


"Supreme Court nominees should weigh in on these rulings. You're up, Judge Gorsuch." Law professor Vikram Amar has this essay online at The Washington Post.
Posted at 11:05 PM by Howard Bashman


"What is Neil Gorsuch's religion? It's complicated." Daniel Burke, CNN Religion Editor, has this report.
Posted at 11:00 PM by Howard Bashman


"Democrats May Be Botching This Supreme Court Confirmation Fight; Heading into Neil Gorsuch's hearing, it's unclear how they plan to land blows on Donald Trump's conservative court pick": Jennifer Bendery and Cristian Farias of The Huffington Post have this report.
Posted at 10:54 PM by Howard Bashman


"Gorsuch, a Conservative Firebrand in College, Evolved Into a Conciliator; President Donald Trump's Supreme Court nominee wins praise from Democrats for his civility and respect for opposing views, but some high school and college acquaintances remember him as a provocateur who took after his dynamic mother, a Reagan cabinet member": Jess Bravin of Thw Wall Street Journal has this report.
Posted at 08:44 PM by Howard Bashman


"Let's start telling the truth about what the Supreme Court does": Law professor Brian Leiter has this essay online at The Washington Post.

Yesterday, Leiter posted on SSRN a paper titled "The Roles of Judges in Democracies: A Realistic View."
Posted at 08:32 PM by Howard Bashman



"Avoid, Sidestep, Retreat: Justices' Advice on Confirmation Tactics": Adam Liptak of The New York Times has this report.
Posted at 07:56 PM by Howard Bashman


"What Gorsuch Has in Common With Liberals": Akhil Reed Amar has this essay in the Sunday Review section of today's edition of The New York Times.
Posted at 07:48 PM by Howard Bashman


"A Few Words About That Ten-Million-Dollar Serial Comma": Mary Norris -- copy editor at The New Yorker and author of "Between You and Me: Confessions of a Comma Queen" -- has this post online at The New Yorker.
Posted at 05:44 PM by Howard Bashman


"The Courts and President Trump's Words": Jeffrey Toobin has this post online at The New Yorker.
Posted at 05:38 PM by Howard Bashman


"Grassley and Feinstein: The Pair Who Will Lead Gorsuch's Senate Hearings." Jennifer Steinhauer of The New York Times has this report.
Posted at 05:34 PM by Howard Bashman


"Political dogfight over Supreme Court finally reaches Senate": Richard Wolf of USA Today has this report.
Posted at 05:32 PM by Howard Bashman


"Why the Establishment Clause Has Emerged as the Chief Stumbling Block for Trump's Muslim Ban": Michael Dorf has this post at "Dorf on Law."
Posted at 03:40 PM by Howard Bashman


"Justices to hear property rights dispute over family's land": Sam Hananel of The Associated Press has this report.
Posted at 01:07 PM by Howard Bashman


"Federal court gives students chance to parry with judges": Sudhin Thanawala of The Associated Press has a report that begins, "The nation's largest federal appeals court is giving law-school students the opportunity to argue real cases."
Posted at 01:03 PM by Howard Bashman


"What Neil Gorsuch learned from Kennedy, Scalia and Thomas": Ariane de Vogue of CNN.com has this report.
Posted at 11:17 AM by Howard Bashman


"Democrats under fire as Gorsuch hearings begin; Activists tell lawmakers they better go hard after Trump's Supreme Court nominee": Elana Schor of Politico.com has this report.
Posted at 11:07 AM by Howard Bashman


"The Case Against Neil Gorsuch: The Supreme Court nominee's jurisprudence shows he values religious people's beliefs above all else." Dahlia Lithwick has this jurisprudence essay online today at Slate.
Posted at 11:05 AM by Howard Bashman


"A Texas Woman 'Voted Like a U.S. Citizen.' Only She Wasn't." Michael Wines of The New York Times has this report. According to the article, the case is now on appeal.
Posted at 11:02 AM by Howard Bashman


"Democrats: Don't Use Republican Playbook on Gorsuch." Michael R. Bloomberg has this essay online today at Bloomberg View.
Posted at 10:56 AM by Howard Bashman


"Trump and Republicans face a fresh test to shape Supreme Court, assert their power with Gorsuch hearings": Ed O'Keefe and Robert Barnes of The Washington Post have this report.
Posted at 10:53 AM by Howard Bashman


"Justice Department Fires Salvo at Consumer Watchdog; Trump administration backs legal effort to have structure of Consumer Financial Protection Bureau declared unconstitutional": Brent Kendall of The Wall Street Journal has this report.

In yesterday's edition of The New York Times, Stacy Cowley had an article headlined "Give President Free Rein to Fire Consumer Board Chief, Justice Dept. Argues."

And Lisa Lambert of Reuters reports that "Trump administration fights its own agency in U.S. court."
Posted at 10:50 AM by Howard Bashman



"Neil Gorsuch's Dissertation Opposes Same-Sex Marriage": Corey Brettschneider has this essay online at Time magazine.
Posted at 10:45 AM by Howard Bashman


"Newly Public Emails Hint at Gorsuch's View of Presidential Power": Charlie Savage has this article in today's edition of The New York Times.
Posted at 10:40 AM by Howard Bashman


"U.S. Supreme Court's ideological balance at stake in confirmation fight": Lawrence Hurley and Andrew Chung of Reuters have this report.
Posted at 10:32 AM by Howard Bashman


"Posner and Gorsuch": Philip Hamburger has this post at the blog of the Library of Law and Liberty (via Eric Posner).
Posted at 10:28 AM by Howard Bashman


Saturday, March 18, 2017

"Neil Gorsuch Made Up A Legal Standard That Weakens Promises To Kids With Disabilities; Now his would-be colleagues on the Supreme Court may rule he was wrong": Cristian Farias of The Huffington Post has an article that begins, "At the Supreme Court podium in January, lawyer Neal Katyal was hit with a series of questions that he wasn't really ready for."

Neal Katyal has posted on Twitter this response to the article.

Update: After Katyal's Tweet appeared, Farias substantially rewrote this article, which now contains a revised headline and opening sentence.
Posted at 03:30 PM by Howard Bashman



"Questions for Judge Gorsuch": Columnist George F. Will has this essay online at The Washington Post.
Posted at 03:26 PM by Howard Bashman


"Gorsuch recommended to Justice Dept. that federal judges visit Gitmo": Seung Min Kim of Politico.com has this report.
Posted at 03:22 PM by Howard Bashman


"Here's why I support Neil Gorsuch for the Supreme Court": Online at The San Francisco Chronicle, Christian Mammen has an essay that begins, "I first met Neil Gorsuch in 1994, during my second year at Oxford University."
Posted at 03:18 PM by Howard Bashman


"Disarmingly warm Gorsuch loves 'cold neutrality' of law": Nancy Benac and Mark Sherman of The Associated Press have an article that begins, "It's poker night in a row house on Cranham Street, Oxford, England, and Neil Gorsuch, studying for yet another degree, is feeling down. His housemates decide that what Gorsuch needs is a girlfriend."
Posted at 03:12 PM by Howard Bashman


"An 'Ideological Food Fight' (His Words in 2002) Awaits Neil Gorsuch": Adam Liptak will have this article in Sunday's edition of The New York Times.
Posted at 03:04 PM by Howard Bashman


"In Gorsuch, Conservative Activist Sees Test Case for Reshaping the Judiciary": Eric Lipton and Jeremy W. Peters of The New York Times have this report.
Posted at 03:00 PM by Howard Bashman


"Obstacles are ahead, but Gorsuch seems set to clear Supreme Court confirmation bar": Michael Doyle of McClatchyDC has this report.
Posted at 01:28 PM by Howard Bashman


"'Stairway to Heaven' Fight Heads to 9th Circuit": Ashley Cullins has this post at the "THR, Esq." blog of The Hollywood Reporter.

You can view at this link the brief for appellant, which was accompanied by a motion for leave to exceed the applicable word limit.
Posted at 12:48 PM by Howard Bashman



"Lack of Oxford Comma Could Cost Maine Company Millions in Overtime Dispute": Daniel Victor had this article in yesterday's edition of The New York Times.
Posted at 12:40 PM by Howard Bashman


Friday, March 17, 2017

Access the C-SPAN/PSB Supreme Court Survey 2017: Via this link. The full survey results can be accessed here.
Posted at 11:54 PM by Howard Bashman


"Trump's Supreme Court Nominee Skeptical Of Federal Agency Power": Nina Totenberg had this audio segment on today's edition of NPR's "Morning Edition."
Posted at 11:50 PM by Howard Bashman


"Is the Scalia theory that Judge Gorsuch embraces a lofty constitutional doctrine or just an excuse to be conservative?" David G. Savage of The Los Angeles Times has an article that begins, "When Judge Neil Gorsuch, President Trump's Supreme Court nominee, goes before the Senate next week, it will be a triumphant moment for 'originalism,' the once-obscure theory that the Constitution should be interpreted according to the meaning of words and phrases as they were understood in the times they were written."
Posted at 11:48 PM by Howard Bashman


"Rulings offer glimpse into what kind of justice Gorsuch would be": Robert Barnes of The Washington Post has this report.
Posted at 11:42 PM by Howard Bashman


"9th Circuit judges in nasty feud over Trump travel ban; Jurists trade charges and counter-charges over ruling that kept block on executive order": Josh Gerstein of Politico.com has this report.

The opinions that various Ninth Circuit judges filed today in Washington v. Trump can be accessed here.
Posted at 11:37 PM by Howard Bashman



"Gorsuch's writings could prompt end of life questions at confirmation hearing": Joan Biskupic of CNN.com has this report.
Posted at 11:30 PM by Howard Bashman


"'Arrogant' Lawyers and an Ill-Tempered Federal Judge": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 11:27 PM by Howard Bashman


"Blaming judges is 'corrosive,' says a judge who ruled against Trump": Dan Levine of Reuters has this report.
Posted at 04:55 PM by Howard Bashman


In today's mail: Anthony Franze's new novel, "The Outsider." The book officially goes on sale nationwide on Tuesday of next week.
Posted at 02:35 PM by Howard Bashman


Thursday, March 16, 2017

Programming note: On Friday morning, I will be in a trial court in connection with a case I am working on that's at the post-trial motion stage. As a result, additional posts will appear here on Friday afternoon.

As always while I am away from the office, additional appellate-related retweets may appear on this blog's Twitter feed.
Posted at 11:09 PM by Howard Bashman



"Lawmakers warn judges ruling on travel bans against exceeding power; Rulings seen as political": Andrea Noble and Stephen Dinan of The Washington Times have this report.
Posted at 11:05 PM by Howard Bashman


"House, Senate Approve Justice Palmer For Another Term On Supreme Court Bench": Christopher Keating of The Hartford Courant had this article last week.
Posted at 10:40 PM by Howard Bashman


"The Revolt of the Judges: What Happens When the Judiciary Doesn't Trust the President's Oath." Benjamin Wittes and Quinta Jurecic have this post at "Lawfare."
Posted at 09:46 PM by Howard Bashman


"Campaign Pledges Haunt Trump in Court": Adam Liptak of The New York Times has this report.
Posted at 09:28 PM by Howard Bashman


"Judge Gorsuch's Writings Signal He Would Be A Conservative On Social Issues": Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:00 PM by Howard Bashman


"Alito: US's dedication to religious liberty being tested." David Porter of The Associated Press has this report.
Posted at 07:52 PM by Howard Bashman


"Chief Justice Roberts Considers the Case of Tom Sawyer": Adam Liptak of The New York Times has this report.
Posted at 04:15 PM by Howard Bashman


SCOTUSDaily interviews Jess Bravin of The Wall Street Journal: You can read the interview at this link.
Posted at 03:34 PM by Howard Bashman


"AP Explains: The doctrine sure to emerge in Gorsuch hearings." Mark Sherman of The Associated Press has an article that begins, "When Democrats question Supreme Court nominee Neil Gorsuch at his Senate confirmation hearing next week, they'll probably ask a lot about something called 'Chevron deference.'"
Posted at 03:30 PM by Howard Bashman


"NY court asked to determine if chimp is legally a person": Verena Dobnik of The Associated Press has this report.

Karin Brulliard of The Washington Post has an article headlined "Corporations can be people. A river was just made a person. What about chimpanzees?" (The article is also available here directly from The WaPo bearing a much less interesting headline.)

And Andrew Denney of The New York Law Journal reports that "Chimp Advocate Doggedly Pursues Animal Rights."
Posted at 03:27 PM by Howard Bashman



"9th Circuit judges to Congress: Leave us alone." Mary Clare Jalonick of The Associated Press has this report.
Posted at 03:17 PM by Howard Bashman


"Why Courts Shouldn't Try to Read Trump's Mind: The judiciary should not abandon its traditional role simply because the president has abandoned his." Law professor Josh Blackman has this essay online today at Politico Magazine.
Posted at 02:58 PM by Howard Bashman


"Why Trump's Revised Travel Ban Could Still Succeed: Despite judicial setbacks, federal law leaves open the possibility that the president's new executive order might prevail -- if he can keep quiet." Law professor Garrett Epps has this essay online today at The Atlantic.

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Real Drama for Travel Ban Will Be at Appeals Court."
Posted at 02:53 PM by Howard Bashman



"Senate Democrats focus on Gorsuch's defense of Bush-era terrorism policies": Robert Barnes and Ed O'Keefe of The Washington Post have this report.

And in today's edition of The New York Times, Charlie Savage has an article headlined "Neil Gorsuch Helped Defend Disputed Bush-Era Terror Policies."
Posted at 02:16 PM by Howard Bashman



"Four Confirmation Fights That Shaped the Supreme Court": Adam Liptak of The New York Times has this report.
Posted at 02:11 PM by Howard Bashman


"Appeals court judges rebuke Trump for 'personal attacks' on judiciary, 'intimidation'": Fred Barbash of The Washington Post has this report.
Posted at 02:07 PM by Howard Bashman


"A Time to Choose for the Supreme Court": Linda Greenhouse has this essay online today at The New York Times.
Posted at 02:01 PM by Howard Bashman


"Faith in the Ninth Circuit": Daniel Hemel has this post today at the new "Take Care" blog.
Posted at 01:45 PM by Howard Bashman


"Ninth Circuit Court of Appeals Restructuring: Three judges from the Ninth Circuit Court of Appeals testified at a hearing on proposals to split the court, which is the largest of the 13 U.S. Courts of Appeals." C-SPAN is broadcasting live at this link this morning's hearing of the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet.
Posted at 11:20 AM by Howard Bashman


"Gorsuch Has Strong Tie to Proponent of Morality-Based 'Natural Law'; Among Supreme Court nominee's mentors is revered law professor whose conservative views on social issues have ignited controversy": Jess Bravin of The Wall Street Journal has this report.
Posted at 11:14 AM by Howard Bashman


New blog alert: A blog titled "Take Care: Ensuring the President 'shall take Care that the Laws be faithfully executed'" has made its debut today, featuring a stellar list of contributors.
Posted at 11:00 AM by Howard Bashman


"A Matter of Life: The death penalty as a conservative conundrum." Mary Cuddehe has this article in the March 2017 issue of Harper's Magazine.
Posted at 10:55 AM by Howard Bashman


"The Sage of Yale Law: Anthony Kronman was a university dean. Now he's a 'born-again pagan' who thinks he might have discovered the meaning of life." Joshua Rothman has this post online today at The New Yorker.
Posted at 10:48 AM by Howard Bashman


"The Supreme Court Confronts Racism in the Jury Room: Is racism in deliberations any less toxic than racism in open court?" Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 10:46 AM by Howard Bashman


"Cochran likely to pick federal judge to replace Jolly": Sid Salter has this essay online at The Clarion-Ledger of Jackson, Mississippi.
Posted at 10:44 AM by Howard Bashman


"5th Circ. Won't Rehear 3-D Gun Printing Restriction Dispute": Jess Krochtengel of Law360.com has a report (subscription required for full access) that begins, "The Fifth Circuit on Wednesday declined to rehear en banc a gun advocacy group's argument that the U.S. Department of State had wrongfully barred it from posting digital firearm designs for 3-D printing online."

You can access yesterday's order of the U.S. Court of Appeals for the Fifth Circuit denying rehearing en banc by a 9-to-5 vote, and the dissent therefrom, at this link.

My earlier coverage of the original divided three-judge Fifth Circuit panel's ruling can be accessed here.
Posted at 10:30 AM by Howard Bashman



Wednesday, March 15, 2017

"Federal appeals court rules Alabama Death Row inmate Vernon Madison can't be executed": Kent Faulk of The Birmingham News has this report.

And Brian Lyman of The Montgomery Advertiser reports that "Death row inmate found incompetent to face execution."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 11:06 PM by Howard Bashman



"The Final Stretch: Cases from the Last Two Months of Supreme Court Oral Arguments." Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 09:30 PM by Howard Bashman


Ninth Circuit denies rehearing en banc in Washington v. Trump: You can access this evening's order of the U.S. Court of Appeals for the Ninth Circuit denying rehearing en banc, and the opinions concurring in and dissenting from that order, at this link. The order notes that "Filings by other judges may follow."

Update: In news coverage, Chris Geidner of BuzzFeed News reports that "Federal Appeals Court Will Let Ruling Against Trump's Original Travel Ban Stand; The decision from the US Court of Appeals for the Ninth Circuit not to rehear the decision means the appeals court will not vacate its earlier order -- which contained some strong language about the limits of executive authority."
Posted at 09:22 PM by Howard Bashman



"Jerry Brown's second chance to remake California's Supreme Court": The Los Angeles Times has this editorial.
Posted at 08:56 PM by Howard Bashman


"Special Alabama Supreme Court grants suspended Chief Justice Roy Moore speedy trial request": Kent Faulk of The Birmingham News has this report.
Posted at 08:52 PM by Howard Bashman


"The judicial nomination war started with Bork. Let's end it with Gorsuch." Former U.S. District Judge James Robertson (D.D.C.) has this essay online at The Washington Post.
Posted at 06:20 PM by Howard Bashman


"Supreme Court nominee Neil Gorsuch peaked at the right time": Richard Wolf of USA Today has this report.
Posted at 05:54 PM by Howard Bashman


"Should Agencies Decide Law? Doctrine May Be Tested at Gorsuch Hearing." Law professor Steven Davidoff Solomon has this post at the "DealBook" blog of The New York Times.
Posted at 05:46 PM by Howard Bashman


"New TV Ads Hit SCOTUS Nominee For Putting Corporations Over People; They're aimed at pressuring two vulnerable GOP senators, Jeff Flake and Dean Heller, to oppose Neil Gorsuch": Jennifer Bendery of The Huffington Post has this report.
Posted at 05:40 PM by Howard Bashman


"How Gorsuch is preparing for his Senate showdown: The Supreme Court nominee is undergoing 'murder boards' and boning up on his own rulings ahead of next week's confirmation hearings." Seung Min Kim of Politico.com has this report.
Posted at 05:36 PM by Howard Bashman


"Gorsuch and Hamburger": Attention was bound to shift to the nominee's food preferences, as in this blog post today from Eric Posner.
Posted at 05:08 PM by Howard Bashman


"Third Circuit Oral Arguments, in Online Video and in the Courtroom": Yesterday's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers, contained this month's installment of my "Upon Further Review" column.
Posted at 05:04 PM by Howard Bashman


"Gorsuch view on scope of Second Amendment a judicial mystery": Holbrook Mohr of The Associated Press has this report.
Posted at 03:26 PM by Howard Bashman


"Yes, Trump Is Being Held Accountable": Law professor Jack Goldsmith has this op-ed in today's edition of The New York Times.
Posted at 03:24 PM by Howard Bashman


"Schumer: Democrats remain skeptical of Gorsuch, may block him." Ted Barrett of CNN.com has this report.

Laura Litvan of Bloomberg News reports that "Schumer Likely to Oppose Gorsuch Confirmation as Hearing Nears."

Lydia Wheeler of The Hill has a report headlined "Schumer on Gorsuch: Don't change the rules, change the nominee."

And Lawrence Hurley of Reuters reports that "Democrats preview line of attack on 'pro-corporate' high court nominee."
Posted at 03:14 PM by Howard Bashman



"Ninth Circuit sends The Turtles to the [Calif.] Supreme Court": David Ettinger has this post at the "At the Lectern" blog about an order that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 02:00 PM by Howard Bashman


Current round of sex toy due process-related litigation achieves en banc review in the Eleventh Circuit: You can view yesterday's order of the U.S. Court of Appeals for the Eleventh Circuit granting en banc review at this link.

My earlier coverage of the original Eleventh Circuit three-judge panel's ruling in the case, which had urged full-court review, can be accessed here and here.

As demonstrated by a 194-page en banc ruling that the Eleventh Circuit issued yesterday -- about which I am likely to post more at some point in the not too distant future -- the Atlanta-based federal appellate court knows how to make en banc review interesting.
Posted at 12:00 PM by Howard Bashman



"Missing Comma Gives New Wheels to Maine Drivers' OT Claims": Jay-Anne B. Casuga of Bloomberg BNA has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued Monday.
Posted at 11:52 AM by Howard Bashman


"Cat-loving judge makes case that has nothing to do with cats all about cats": Kim Janssen of The Chicago Tribune has an article that begins, "He's Chicago's most feared judge and a self-described 'cat person.' Now 78-year-old appellate Judge Richard Posner has found a way to combine his profession with his hobby."
Posted at 11:07 AM by Howard Bashman


"Alito and the Code: Did the Supreme Court justice's recent appearance at the Claremont Institute violate the ethical guidelines for United States judges?" Law professor Steven Lubet has this jurisprudence essay online at Slate.
Posted at 11:03 AM by Howard Bashman


"Democrats' Misguided Argument Against Gorsuch": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 11:00 AM by Howard Bashman


"Yes, Gorsuch Matters": Asher Steinberg has this post at his blog, "The Narrowest Grounds."
Posted at 08:42 AM by Howard Bashman


Tuesday, March 14, 2017

"Ban on Head Scarves at Work Is Legal, E.U. Court Rules": Dan Bilefsky of The New York Times has this report.

You can access at this link today's ruling of the European Court of Justice along with a related news release.
Posted at 11:14 PM by Howard Bashman



"Judge Gorsuch failed our family": Frank, David, and Katherine Hwang and Jean Hwang Carrant have this essay online at The San Francisco Chronicle.

The ruling of the U.S. Court of Appeals for the Tenth Circuit that the essay focuses on can be accessed here.
Posted at 10:14 PM by Howard Bashman



"Neil Gorsuch Has Web of Ties to Secretive Billionaire": Charlie Savage and Julie Turkewitz will have this front page article in Wednesday's edition of The New York Times.
Posted at 10:03 PM by Howard Bashman


"Key Democrats Are Undecided As They Prepare To Grill Trump's Supreme Court Nominee; With Judge Neil Gorsuch's nomination hearings set to begin next week, several red state Democrats and even some liberal members say they haven't decided how they'll vote on President Trump's pick for the Supreme Court": Emma Loop of BuzzFeed News has this report.
Posted at 08:20 PM by Howard Bashman


"Gorsuch's environment record: Neither a clear friend or foe." Holbrook Mohr and Mitch Weiss of The Associated Press have this report.

And Holbrook Mohr and Sudhin Thanawala of The Associated Press have a report headlined "Few clues on how a Justice Gorsuch would vote on immigration."
Posted at 02:48 PM by Howard Bashman



"Judicial Conference Asks Congress to Create New Judgeships": The Administrative Office of the U.S. Courts issued this news release today.

Of the 57 new Article III judgeships being requested, only five are for appellate judges, and all five (if approved) would go to the U.S. Court of Appeals for the Ninth Circuit, increasing that court's number of authorized active judges from 29 to 34.
Posted at 02:36 PM by Howard Bashman



"Does Gorsuch matter?" Eric Posner has this blog post today.
Posted at 12:20 PM by Howard Bashman


"Fifth Circuit Judge Assails DOJ 'Arrogance' in Voting Rights Case": Miriam Rozen of Texas Lawyer has this report. The portion of Fifth Circuit Judge Jerry E. Smith's dissent that is the focus of this article can be accessed here.

And in earlier coverage of the three-judge district court's ruling (access the dissent directly at this link) at his "Elecction Law Blog," Rick Hasen has a post titled "Analysis: Texas Redistricting Decision Major Victory for Voting Rights Bar and May Pave Way for Texas to Be Back under Federal Supervision."
Posted at 12:08 PM by Howard Bashman



"Court Cash: 2016 Election Money Resulting Directly From Supreme Court Rulings." Demos issued this report today. The organization's related news release can be accessed here.
Posted at 12:00 PM by Howard Bashman


"Trump, Gorsuch, and the Concentration of Economic Power": The Center for American Progress hosted this event yesterday, and you can view the video on YouTube at this link.
Posted at 11:55 AM by Howard Bashman


"Supreme Court Nominee Neil Gorsuch: Expected by Big Business to be Another Reliable Vote on the Roberts Court." Judith E. Schaeffer of the Constitutional Accountability Center has this issue brief.
Posted at 11:48 AM by Howard Bashman


"This Is How Neil Gorsuch Thinks": Roger Parloff has this post online today at New York Magazine.
Posted at 11:35 AM by Howard Bashman


"How a Wonky National-Security Blog Hit the Big Time": Emily Bazelon has this report online at The New York Times Magazine.
Posted at 10:46 AM by Howard Bashman


"A New Phase of Chaos on Transgender Rights": Law professor Jeannie Suk Gersen has this post online at The New Yorker.
Posted at 10:42 AM by Howard Bashman


"AO Releases Annual Report and Court Statistics": The Administrative Office of the U.S. Courts issued this news release today.

Among the information available is "U.S. Courts of Appeals -- Judicial Business 2016."
Posted at 10:30 AM by Howard Bashman



"Supreme Court Justice Sonia Sotomayor talks education, opposing views": Aparna Verma of The Stanford Daily has this report.

And Alex Shashkevich of Stanford News reports that "Supreme Court Justice Sonia Sotomayor emphasizes importance of broad education, empathy in her talk at Stanford; Sonia Sotomayor, who became a justice of the Supreme Court of the United States in 2009, spoke about the importance of broad education and charity at Stanford Memorial Auditorium."
Posted at 10:22 AM by Howard Bashman



"Roger Taney, Dred Scott families reconcile 160 years after infamous Supreme Court decision": Jonathan M. Pitts of The Baltimore Sun has this report.
Posted at 10:14 AM by Howard Bashman


"Democrats paralyzed as Gorsuch skates; The party is split over how aggressively to oppose Donald Trump's Supreme Court nominee": Seung Min Kim and Burgess Everett of Politico.com have this report.
Posted at 10:06 AM by Howard Bashman


Monday, March 13, 2017

"New Hire Fuels Munger as Emerging SCOTUS Powerhouse": Melissa H. Stanzione of Bloomberg BNA has this report.
Posted at 04:22 PM by Howard Bashman


"The (Not So) New Face of the OSG": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 04:12 PM by Howard Bashman


"When a Common Sedative Becomes an Execution Drug": Alan Blinder of The New York Times has this report.
Posted at 01:50 PM by Howard Bashman


"Court: Discrimination against gay workers not prohibited." Kate Brumback of The Associated Press has this report.

My earlier coverage of Friday's ruling of a divided three-judge Eleventh Circuit panel can be accessed at this link.
Posted at 01:08 PM by Howard Bashman



Stanford Law Review Online has posted 14 essays about Tenth Circuit Judge Neil M. Gorsuch: Including Mark C. Hansen's essay titled "Before the Robe: Judge Neil M. Gorsuch" and law professor (and former Tenth Circuit Judge) Michael W. McConnell's essay titled "A Personal Reflection on Judge Neil M. Gorsuch from a Former Colleague."
Posted at 10:18 AM by Howard Bashman


"Make Neil Gorsuch actually answer questions in his Supreme Court confirmation hearings": Law professor Eric J. Segall has this essay online at The Los Angeles Times.
Posted at 10:12 AM by Howard Bashman


"The stealth Supreme Court nomination of Neil Gorsuch": Ariane de Vogue of CNN.com has this report.
Posted at 10:09 AM by Howard Bashman


"Colorado's Neil Gorsuch carries the weight of Washington": Richard Wolf of USA Today has this report.

The U.S. Senate Judiciary Committee provides online access via this link to the nearly 175,000 pages that the U.S. Department of Justice has produced in connection with the nomination.
Posted at 09:58 AM by Howard Bashman



"When Gorsuch Promises 'Equal Right to the Poor'": Richard M. Re has this post today at "PrawfsBlawg."
Posted at 09:52 AM by Howard Bashman


"Democrats' Line of Attack on Gorsuch: No Friend of the Little Guy." Matt Flegenheimer of The New York Times has this report.
Posted at 09:48 AM by Howard Bashman


"Atticus Finch, Perry Mason and Michael Clayton Have Nothing on the Legal Profession's Favorite Attorney: Vinny; The 1992 comedy 'My Cousin Vinny,' with its smart-aleck hero played by Joe Pesci, is still a hit with lawyers; 'a paean to the American system of justice.'" Jacob Gershman has this front page article in today's edition of The Wall Street Journal.
Posted at 09:44 AM by Howard Bashman


Sunday, March 12, 2017

"Donald Trump and the Chamber of Secrets: The president's solicitor general nominee Noel Francisco thinks executive privilege should shield pretty much everything. Uh-oh." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 02:54 PM by Howard Bashman


"U.S. Supreme Court Associate Justice Sonia Sotomayor at UC Berkeley": Berkeley Law has posted this video on YouTube.
Posted at 02:48 PM by Howard Bashman


Lavenski R. Smith is the first African-American to serve as the Eighth Circuit's chief judge: On Friday, the U.S. Court of Appeals for the Eighth Circuit issued two related press releases, which you can access here and here.

Eighth Circuit Chief Judge Smith -- not to be confused with Third Circuit Chief Judge Smith -- is no doubt used to federal judicial milestones, as upon his confirmation to the Eighth Circuit in 2002 he became the first federal judge with the first name Lavenski.

In news coverage, Emerson Clarridge of The Omaha World-Herald reports that "First African-American to serve as chief judge of Eighth Circuit takes office Saturday."
Posted at 02:04 PM by Howard Bashman



Saturday, March 11, 2017

"Sex between lawyer and client: State Bar sets narrow limits." Bob Egelko of The San Francisco Chronicle has this report.

And Sudhin Thanawala of The Associated Press reports that "California State Bar bans sex between attorneys and clients."
Posted at 01:46 PM by Howard Bashman



"Gorsuch has ruled for police, and suspects, in crime cases": Sam Hananel of The Associated Press has this report.
Posted at 01:36 PM by Howard Bashman


"Democrats Who Support Neil Gorsuch Will Pay A Price, Progressive Groups Warn; Opponents of the Supreme Court nominee are getting serious ahead of this month's confirmation hearings": Cristian Farias of The Huffington Post has this report.
Posted at 01:24 PM by Howard Bashman


"Preet Bharara Is Said to Refuse Order to Step Down as U.S. Attorney": Maggie Haberman of The New York Times has an article that begins, "Preet Bharara, the Manhattan federal prosecutor who was told to submit his resignation along with 45 others on Friday, has no plans to do so -- forcing a potential showdown with President Trump and the Department of Justice."
Posted at 01:20 PM by Howard Bashman


Friday, March 10, 2017

"11th Circuit Rules Title VII Does Not Prohibit Anti-Gay Discrimination in Deeply Confused Opinion": Mark Joseph Stern has this essay online at Slate.

And Patrick Saunders of Georgia Voice reports that "Federal court rules against Georgia lesbian fired for being gay."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link. U.S. District Judge Jose E. Martinez (S.D. Fla.) issued the opinion of the court. Circuit Judge William H. Pryor, Jr. issued a concurring opinion. And Circuit Judge Robin S. Rosenbaum issued an opinion concurring in part and dissenting in part.
Posted at 10:40 PM by Howard Bashman



"At UC Berkeley, Justice Sotomayor discusses obstacles to justice": Bob Egelko of The San Francisco Chronicle has this report.

And Sudhin Thanawala of The Associated Press reports that "Justice Sotomayor laments perception of judges as political."
Posted at 01:46 PM by Howard Bashman



"Supreme Court brings gavel down on O'Connor workout class": Jessica Gresko of The Associated Press has this report.
Posted at 01:40 PM by Howard Bashman


Things judges can say at oral argument that you can't: Jimmy Hoover of Law360.com has an article headlined "ComEd Appeal 'Pain In The Ass,' Fed. Circ. Judge Says" (subscription required for full access).

You can access via this link (9.9 MB mp3 audio file) the oral argument audio from the case, argued yesterday before a three-judge panel of the U.S. Court of Appeals for the Federal Circuit.
Posted at 08:24 AM by Howard Bashman



Thursday, March 9, 2017

"There is no principled reason to vote against Gorsuch": Attorney David C. Frederick has this essay online at The Washington Post.
Posted at 09:40 PM by Howard Bashman


Fortune cookies as appellate authority: Today, Circuit Judge John B. Owens issued an opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit containing this sentence, which includes a quote (a Bill Paxton tribute, no less) from the movie Aliens: "Indeed, defendants -- each having filed its own set of briefs -- cannot cite a single court, a treatise, or even a fortune cookie message that supports the 'Game Over, Man!' reading of Rule 25 that they urge us to adopt."
Posted at 09:03 PM by Howard Bashman


"DOJ sends 144,000 pages of Gorsuch documents to Senate": Seung Min Kim of Politico.com has this report.
Posted at 08:22 PM by Howard Bashman


"Idaho Clerk Elizabeth A. 'Libby' Smith Named Ninth Circuit's New Executive": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 08:06 PM by Howard Bashman


"A Robbery Based on a Movie? Yes, the Jury Can See Clips." Benjamin Weiser has this article in today's edition of The New York Times.

And at the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Appeals Court: Ben Affleck's 'The Town' Didn't Prejudice Bank Robbery Trial."

You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:50 PM by Howard Bashman



"Pension funds to SCOTUS: Save our class action opt-out rights." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 01:42 PM by Howard Bashman


"Mitch McConnell Is Glad He Played Politics With The Supreme Court; 'As you know, I played arguably the single biggest role in having the vacancy there,' McConnell said, adding that having an open Supreme Court spot helped Republicans win the White House": Emma Loop of BuzzFeed News has this report.
Posted at 01:35 PM by Howard Bashman


"DOJ turns over documents pertaining to Gorsuch's Bush tenure": Ariane de Vogue of CNN.com has this report.
Posted at 01:32 PM by Howard Bashman


Wednesday, March 8, 2017

"Werdegar retirement gives Jerry Brown chance to further mold California Supreme Court": Christopher Cadelago of The Sacramento Bee has this report.
Posted at 10:32 PM by Howard Bashman


"Law School to Accept GRE for Applications in Fall 2017": Jamie D. Halper of The Harvard Crimson has this report.

Elizabeth Olson of The New York Times reports that "Harvard Law, Moving to Diversify Applicant Pool, Will Accept GRE Scores."

And Jacob Gershman of The Wall Street Journal reports that "Harvard Law School to Allow Applicants to Take GRE; Administration officials to decide later if LSAT will become permanently optional."
Posted at 10:22 PM by Howard Bashman



"Justice Kennedy Gets Real About Racial Bias": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:32 PM by Howard Bashman


"Resolved: U.S. Supreme Court Justices Should Be Subject to Term Limits." The National Constitution Center has posted on YouTube at this link the video of this debate from yesterday.
Posted at 09:27 PM by Howard Bashman


"1st Circuit 3-judge panel hears appeal over Touro Synagogue ruling; Lawyers for New York and Newport congregations argued before a 3-judge panel of the 1st U.S. Circuit Court of Appeals, in Boston, over a District Court decision awarding the nation's oldest synagogue to Newport-based Jeshuat Israel": Katie Mulvaney of The Providence (R.I.) Journal has this report.

And Michelle R. Smith of The Associated Press reports that "Fight over control of oldest US synagogue at appeals court."

You can access via this link (19.4 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 First Circuit.
Posted at 09:18 PM by Howard Bashman



"Noel Francisco to inherit Supreme Court lectern": Richard Wolf of USA Today has this report.

And Robert Barnes of The Washington Post reports that "Trump nominates D.C. lawyer Noel Francisco as solicitor general."
Posted at 03:37 PM by Howard Bashman



"What Kind of Judge is Neil Gorsuch? A Closer Look at His Cases." The Heritage Foundation has posted on YouTube at this link the video of this panel discussion from yesterday.
Posted at 02:25 PM by Howard Bashman


"[W]e should quarantine King [v. Burwell] and its potentially dangerous shapeshifting nature to the specific facts of that case to avoid jurisprudential disruption on a cellular level." So writes Circuit Judge John B. Owens in a one-paragraph dissent from a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 02:14 PM by Howard Bashman


"Taking Care of Business": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 02:00 PM by Howard Bashman


"The Decline of Supreme Court Deference to the President": Law professors Lee Epstein and Eric A. Posner have posted this paper on SSRN.
Posted at 11:32 AM by Howard Bashman


"Activists Urge Democrats to Step Up Resistance to Gorsuch Nomination": Carl Hulse of The New York Times has this new installment of his "On Washington" column.
Posted at 11:25 AM by Howard Bashman


"Trump announces Noel Francisco as solicitor general pick": Ariane de Vogue and Dan Merica of CNN.com have this report.
Posted at 11:22 AM by Howard Bashman


"Gorsuch: A high court pick whose writing is down to earth." Mark Sherman of The Associated Press has this report.
Posted at 09:06 AM by Howard Bashman


"Back in court, 'Chip' Fattah seeks to overturn his conviction": In today's edition of The Philadelphia Inquirer, Jeremy Roebuck has a front page article that begins, "Dressed in handcuffs and an olive prison jumpsuit, Chaka 'Chip' Fattah Jr. returned to Philadelphia on Tuesday to urge a federal appeals court to overturn his 2015 conviction on bank and tax fraud charges."

You can access via this link (23.0 MB mp3 audio file) the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit.
Posted at 08:52 AM by Howard Bashman



"Trump administration drops appeal over first travel ban; Move leaves 9th Circuit ruling as precedent, at least for now": Josh Gerstein of Politico.com has this report.
Posted at 08:37 AM by Howard Bashman


"And The Nominee For Solicitor General Is...." David Lat had this post yesterday at "Above the Law."
Posted at 08:33 AM by Howard Bashman


Tuesday, March 7, 2017

"The Lottery Docket": Law professors Daniel Epps and William Ortman have posted this article on SSRN.
Posted at 11:28 PM by Howard Bashman


"Jury Secrecy Doesn't Apply if Bias Taints Deliberations, Justices Rule": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes reports that "Racial bias in the jury room can violate a defendant's right to a fair trial, Supreme Court says."

And Jess Bravin of The Wall Street Journal reports that "Supreme Court Says Jury Secrecy Not Guaranteed If Racial Bias Exists; Case involved Colorado juror who made biased statements about Mexican defendant."
Posted at 11:24 PM by Howard Bashman



"Supreme Court Won't Hear Major Case on Transgender Rights": Adam Liptak has this front page article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has a front page article headlined "Supreme Court sends Virginia transgender case back to lower court."

And Jess Bravin of The Wall Street Journal reports that "Supreme Court Tells Lower Court to Reconsider Transgender Bathroom Case in Light of Trump Move; Previous court decision deferred to Obama interpretation of antidiscrimination law, which Trump rescinded."
Posted at 11:18 PM by Howard Bashman



Monday, March 6, 2017

"Family of late Justice Scalia donating papers to Harvard Law School": Maddie Kilgannon of The Boston Globe has this report.

And Harvard Law Today reports that "Scalia family donates late justice's papers to Harvard Law School Library."
Posted at 10:28 PM by Howard Bashman



"The Future of the Affordable Care Act": The National Constitution Center has posted on YouTube at this link the video of the program I had the pleasure of attending earlier this evening, featuring law professors Josh Blackman and Abbe R. Gluck, moderated by law professor Michael J. Gerhardt.
Posted at 10:14 PM by Howard Bashman


"Will the new travel ban be blocked by the courts?" Eric Posner has this blog post today.

And online at Slate, Dahlia Lithwick has a jurisprudence essay titled "The Bogus Logic of Trump's New Travel Ban; The administration's new executive order is full of dubious evidence and sketchy claims."
Posted at 10:04 PM by Howard Bashman



Programming note -- Borrowing a page from Josh Blackman's playbook: This afternoon, I will be visiting the University of Pennsylvania Law School. And tomorrow, I will be spending the early part of the afternoon at the NYU School of Law. After my visit last Friday to the University of Chicago Law School, it may appear that I am trying to emulate my friend Josh Blackman, who frequently maintains an ambitious law school visitation schedule. Thankfully, after Tuesday everything returns back to normal for me.

Speaking of Josh, he will be in Philadelphia later today to participate in an event at the National Constitution Center, enabling me to grab an early dinner with him and then to see him in action. In connection with that event, in yesterday's edition of The Philadelphia Inquirer, Josh had an essay titled "Obamacare is unlikely to survive even if it is repaired." Also in yesterday's Inquirer, law professor Abbe R. Gluck -- who will be participating with Josh in this evening's Constitution Center program -- had an essay titled "GOP's legal and political sabotage crippled Obamacare."

As a result of my absence from the office this afternoon and early evening, additional posts will appear here tonight.
Posted at 10:50 AM by Howard Bashman



"States Ease Restrictions on Voting by Felons; Florida proposal to lift its lifetime ban would add to a nationwide trend": Beth Reinhard of The Wall Street Journal has this report.
Posted at 10:44 AM by Howard Bashman


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

1. Justice Clarence Thomas delivered the opinion of the Court in Beckles v. United States, No. 15-8544. Justice Anthony M. Kennedy issued a concurring opinion. Justices Ruth Bader Ginsburg and Sonia Sotomayor issued opinions concurring in the judgment. And Justice Elena Kagan did not participate in the ruling. You can access the oral argument via this link.

2. And Justice Kennedy delivered the opinion of the Court in Pena-Rodriguez v. Colorado, No. 15-606. Justice Thomas issued a dissenting opinion. And Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. and Justice Thomas joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Supreme Court sides with defendant claiming jury race bias" and "Justices decline to extend ruling on repeat offenders."
Posted at 10:06 AM by Howard Bashman



"Newsmakers with Nan Aron: Nan Aron talked about Neil Gorsuch's nomination to the Supreme Court, Democratic strategy for the Senate hearings during his confirmation hearings." C-SPAN has posted this video online.
Posted at 09:54 AM by Howard Bashman


Access today's Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases, but the Court called for the views of the Acting Solicitor General in one case.

In Gloucester County Sch. Bd. v. G.G., No. 16-273, the Court issued the following summary disposition:

The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of the guidance document issued by the Department of Education and Department of Justice on February 22, 2017.
The Court issued a per curiam ruling in Rippo v. Baker, No. 16-6316.

In Leonard v. Texas, No. 16-122, Justice Clarence Thomas issued a statement respecting the denial of certiorari.

In Perez v. Florida, No. 16-6250, Justice Sonia Sotomayor issued a concurrence in the denial of certiorari.

And in Baston v. United States, No. 16-5454, Justice Thomas issued a dissent from the denial of certiorari.

In early news coverage, Mark Sherman of The Associated Press reports that "Supreme Court scraps case on transgender bathroom rights."

Lawrence Hurley of Reuters reports that "U.S. top court sidesteps ruling in major transgender rights case."

Greg Stohr of Bloomberg News reports that "U.S. Supreme Court Cancels Transgender Bathroom Showdown."

And Richard Wolf of USA Today reports that "Supreme Court won't decide transgender bathroom case."
Posted at 09:32 AM by Howard Bashman



"Dubious Data Belies Supreme Court's Stance on Repeat Sex Offenders": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 08:16 AM by Howard Bashman


"Republicans and the Constitution: Article V allows a method of proposing amendments that cuts Congress out entirely; This partisanship is just what our founders were trying to avoid." Jelani Cobb has this Comment in the Talk of the Town section of the March 13, 2017 issue of The New Yorker.
Posted at 08:10 AM by Howard Bashman


"OT2016 #15: 'The Roller Derby Across the Street.'" You can access today's new episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 08:04 AM by Howard Bashman


Sunday, March 5, 2017

"Law restricting protests during Supreme Court proceedings is upheld": Robert Barnes of The Washington Post has this report.

And Zoe Tillman of BuzzFeed News reports that "Prosecutors Win Back Broad Authority To Charge Supreme Court Protesters; A federal appeals court said that a lower court judge was wrong to strike down a section of a law used to charge protesters in the Supreme Court as unconstitutionally vague."

You can access Friday's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 11:04 PM by Howard Bashman



"Supreme Court to consider 'water wars' report": The News Service of Florida has an article that begins, "The U.S. Supreme Court will take the next step March 17 in Florida's lawsuit against Georgia over water use in the Apalachicola-Chattahoochee-Flint river system."
Posted at 09:08 PM by Howard Bashman


"Gorsuch willing to limit environmental groups in land cases": Holbrook Mohr and Garance Burke of The Associated Press have this report.
Posted at 09:05 PM by Howard Bashman


"Medical device makers stand to gain if Neil Gorsuch approved for Supreme Court; The state's device makers stand to gain if Supreme Court nominee confirmed": Jim Spencer of The Minneapolis Star Tribune has this report.
Posted at 09:00 PM by Howard Bashman


"The Incentive to Leak Is Right in the Constitution": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 08:50 PM by Howard Bashman


The Federalist Society has posted online video from its 2017 National Student Symposium at Columbia Law School: Second Circuit Judge Reena Raggi served as moderator of Panel 1, titled "Privacy and Freedom of the Press." You can view the video on YouTube via this link.

You can view the video of Panel 2, titled "Campaign Finance and Free Speech," via this link.

Panel 2 was followed by a session titled "Debate: ABA Model Rule 8.4." Eighth Circuit Judge Lavenski R. Smith moderated the debate, in which law professor Eugene Volokh was a participant. You can view the video via this link.

Eleventh Circuit Judge William H. Pryor, Jr. served as the moderator of Panel 3, titled "Religious Liberty after the USCCR Report." You can view the video via this link.

Third Circuit Judge Thomas M. Hardiman served as moderator of Panel 4, titled "Universities and the First Amendment." You can view the video via this link.

Finally, law professor Richard A. Epstein delivered the keynote address, the video of which you can view via this link.
Posted at 04:08 PM by Howard Bashman



"Neil Gorsuch is exactly the kind of Supreme Court justice we need": Josh Hawley, Missouri's attorney general, has this essay at CNN.com.
Posted at 01:18 PM by Howard Bashman


"How Gorsuch the Clerk Met Kennedy the Justice: A Tale of Luck." Adam Liptak and Nicholas Fandos had this front page article in yesterday's edition of The New York Times.
Posted at 08:24 AM by Howard Bashman


Thursday, March 2, 2017

Programming note: On Friday, I will be traveling to Chicago, where on Friday afternoon I will be visiting the University of Chicago Law School for the first time since 2005. I won't be returning home until Saturday night. As a result, additional posts will not appear here until Sunday.

As always while I am traveling, appellate-related retweets are likely to appear on this blog's Twitter feed.
Posted at 10:50 PM by Howard Bashman



"Two judges, private attorney are nominees for vacant Missouri Supreme Court seat": Nassim Benchaabane of The St. Louis Post-Dispatch has this report.
Posted at 08:40 PM by Howard Bashman


"The Constitution Has Masked Protesters Covered": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 08:30 PM by Howard Bashman


"Postpone the Gorsuch Hearings: His nomination to the Supreme Court cannot be separated from the serious questions that plague the Trump presidency." Dahlia Lithwick and law professor Sonja West have this jurisprudence essay online at Slate.
Posted at 08:15 PM by Howard Bashman


"The White House Is Vetting One Of Trump's Supreme Court Short-Listers For Another Court Seat; Judge Amul Thapar, one of the judges that Trump said he was considering for the US Supreme Court, is a frontrunner for a federal appeals court seat; The FBI has been doing background checks on the Kentucky federal judge in recent weeks, sources tell BuzzFeed News": Zoe Tillman of BuzzFeed News has this report.
Posted at 01:56 PM by Howard Bashman


"A 'living Constitution' on the right? The left should be glad that Gorsuch is an originalist and not a conservative activist." Law professor Glenn Harlan Reynolds has this essay online today at USA Today.
Posted at 01:52 PM by Howard Bashman


"Florida Supreme Court upholds ban on openly carrying guns": Dan Sweeney of The South Florida Sun Sentinel has this report.

And Jim Saunders of The News Service of Florida reports that "Justices uphold ban on openly carrying guns; Justices sided with the 4th District Court of Appeal, which ruled in 2015 against a man arrested in St. Lucie County for openly carrying a gun in a holster."

You can access today's ruling of the Supreme Court of Florida at this link.
Posted at 01:48 PM by Howard Bashman



"Companies back transgender rights in Supreme Court fight": Lawrence Hurley of Reuters has this report.
Posted at 01:36 PM by Howard Bashman


"Sandy Hook Parents File 1st Argument To Supreme Court In Gun Lawsuit Case": Dave Altimari of The Hartford Courant has this report.
Posted at 01:30 PM by Howard Bashman


"Affirmative action in UT admissions faces new legal challenge": Ralph K.M. Haurwitz of The Austin American-Statesman has an article that begins, "A new round of litigation challenging the consideration of race in admissions at the University of Texas is being organized by the same UT alumnus who took a similar case to the U.S. Supreme Court twice and lost."
Posted at 01:14 PM by Howard Bashman


"'Tenth Justice' Not Likely for Several Months": Kimberly S. Robinson of Bloomberg BNA has this report.
Posted at 01:10 PM by Howard Bashman


"U.S. court rejects bid to overturn NYC law on sale of dogs, cats": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:04 PM by Howard Bashman


"Texas Supreme Court hears gay marriage case": Chuck Lindell of The Austin American-Statesman has this report.

Andrea Zelinski of The Houston Chronicle reports that "Texas Supreme Court hears Houston same-sex benefits case."

And Alexa Ura of The Texas Tribune reports that "Treat same-sex couples the same as others, Texas Supreme Court told; Same-sex couples are entitled to the same treatment as opposite-sex couples, a lawyer for the city of Houston argued before the Texas Supreme Court on Wednesday in a case challenging the city's benefits policy for married same-sex couples."
Posted at 11:48 AM by Howard Bashman



Wednesday, March 1, 2017

"Outsourcing the Constitution": Linda Greenhouse has this essay online at The New York Times.
Posted at 11:14 PM by Howard Bashman


"Supreme Court Returns Virginia Voting District Case to Lower Court": Adam Liptak of The New York Times has this report.

Robert Barnes and Gregory S. Schneider of The Washington Post report that "Supreme Court says Virginia redistricting must be reexamined for racial bias."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Revives Gerrymander Challenge to Virginia Legislative Districts; Critics say state's General Assembly packed black voters into a handful of state House districts."

Richard Wolf of USA Today reports that "Supreme Court blocks Virginia districts over use of race."

Graham Moomaw of The Richmond Times-Dispatch reports that "U.S. Supreme Court orders reexamination of Virginia General Assembly racial gerrymandering case."

Lawrence Hurley of Reuters reports that "U.S. top court backs review of Virginia voting districts in race case."

Greg Stohr of Bloomberg News reports that "High Court Orders New Look at Virginia Voting District Suit."

Cristian Farias of The Huffington Post reports that "Supreme Court Sides With Democrats In Challenge To Virginia's Racially Drawn Districts; But the justices stopped short of declaring that the districts violated the Constitution."

Kevin Robillard of Politico.com reports that "Supreme Court calls for further review of Virginia legislative map."

At the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Court gives new guidance on racial gerrymandering."

And in commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled "The Way Toward a Voting-Rights Compromise."
Posted at 10:30 PM by Howard Bashman



"Supreme Court Nomination Process: Supreme Court attorneys, court watchers and experts on the confirmation process took part in a discussion at the Georgetown University Law Center on the road ahead for Supreme Court nominee Judge Neil Gorsuch." C-SPAN has posted this video of an event that Adam Liptak of The New York Times moderated this afternoon.
Posted at 09:56 PM by Howard Bashman


"First, They Came for the Sex Offenders . . . We must speak up for the rights of those on the fringes of society; The Supreme Court's ruling on sex offenders' First Amendment rights will signal how much protection we can all expect." Perry Grossman has this jurisprudence essay online at Slate.
Posted at 08:07 PM by Howard Bashman


"Is Same-Sex Marriage Safe? The Texas Supreme Court takes on the first major effort to roll back marriage equality in the age of Trump." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 08:02 PM by Howard Bashman


"Why Gorsuch could lead court in wrong direction": Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay at CNN.com.
Posted at 06:00 PM by Howard Bashman


"Rare re-argument ordered in insider trading appeal of SAC's Martoma": Brendan Pierson of Reuters has this report.
Posted at 05:18 PM by Howard Bashman


"Both Sides Want The Supreme Court To Rule On This Transgender Bathroom Case; Because of a recent Trump administration move, what looked likely to be a case about federal regulatory deference could become a landmark trans rights case -- if the justices agree to keep the case on its docket": Chris Geidner of BuzzFeed News has this report.
Posted at 04:58 PM by Howard Bashman


Access the contents of the February 2017 issue of The Yale Law Journal: Via this link.

Among other things, the issue contains law professor Aditya Bamzai's article titled "The Origins of Judicial Deference to Executive Interpretation."
Posted at 04:52 PM by Howard Bashman



"Some SCOTUS Scheduling Speculation: Enough Is Enough." Perry Cooper of Bloomberg BNA has this post at the "U.S. Law Week: On the Merits Blog."
Posted at 02:04 PM by Howard Bashman


"The judgment of Posner: On the character and jurisprudence of the federal judge." Conrad Black has this article in the March 2017 issue of The New Criterion.
Posted at 01:03 PM by Howard Bashman


Access today's ruling of the U.S. Supreme Court in an argued case: Justice Anthony M. Kennedy delivered the opinion of the Court in Bethune-Hill v. Virginia State Bd. of Elections, No. 15-680. Justice Samuel A. Alito, Jr. issued an opinion concurring in part and concurring in the judgment. And Justice Clarence Thomas issued an opinion concurring in the judgment in part and dissenting in part. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Supreme Court mainly rules for black voters in Virginia case."
Posted at 10:03 AM by Howard Bashman



Penile fibrosis, on appeal: A partially divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued this decision yesterday.
Posted at 08:40 AM by Howard Bashman


"Late actor Heston's insult of judge helps upend murder conviction": Joseph Ax of Reuters has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.
Posted at 08:27 AM by Howard Bashman






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