How Appealing

Tuesday, April 25, 2017

"Ring-ring: Cellphone interrupts Supreme Court hearing, embarrassing Justice Breyer." Robert Barnes of The Washington Post has this report.

The Associated Press has a report headlined "Hello? Justice Stephen Breyer's cellphone rings in court."

And at "SCOTUSblog," Mark Walsh has a post titled "A 'view' from the courtroom: Call waiting."
Posted at 04:08 PM by Howard Bashman



"How Justice Thomas' Discontent Channels Justice Douglas": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 03:32 PM by Howard Bashman


Monday, April 24, 2017

Programming note: On Tuesday morning, I will be arguing an appeal on behalf of the plaintiff-appellee before a three-judge panel of the Superior Court of Pennsylvania. As a result, additional posts will not appear here until Tuesday afternoon.

At 10 a.m. eastern time on Tuesday, the U.S. Supreme Court is expected to issue one or more rulings in argued cases. You can access any decisions via this link just as soon as the Court posts them online.

As always while I am away from the computer, more frequent appellate-related retweets will appear on this blog's Twitter feed.
Posted at 10:24 PM by Howard Bashman



"When the government can make businesses talk": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 09:06 PM by Howard Bashman


"Trump dinner with Supreme Court justices postponed": Josh Gerstein of Politico.com has this blog post.
Posted at 05:40 PM by Howard Bashman


"'Assembly-line' execution effort in Arkansas fuels opposition": Richard Wolf of USA Today has this report.
Posted at 05:37 PM by Howard Bashman


"'Judge Kozinski, he saved my life': A woman had already chosen her last meal when Judge Alex Kozinski saved her from death row; He admits she may be guilty -- so why did he do it?" CBS News has posted online this video segment from "60 Minutes Overtime."
Posted at 04:56 PM by Howard Bashman


"The Supreme Court's double standard for qualified immunity cases": Will Baude has this post at "The Volokh Conspiracy."
Posted at 03:05 PM by Howard Bashman


"Justices weigh defendants' right to own mental health expert": Mark Sherman of The Associated Press has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in McWilliams v. Dunn, No. 16-5294.
Posted at 02:45 PM by Howard Bashman



"U.S. states realign in legal battle over Trump's travel ban": Dan Levine and Mica Rosenberg of Reuters have this report.
Posted at 01:35 PM 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.

In Smith v. Ryan, No. 16-8071, Justice Stephen G. Breyer issued a statement respecting the denial of certiorari.

In Salazar-Limon v. City of Houston, No. 16-515, Justice Samuel A. Alito, Jr. issued a concurrence, in which Justice Clarence Thomas joined, in the denial of certiorari. And Justice Sonia Sotomayor issued a dissent, in which Justice Ruth Bader Ginsburg joined, from the denial of certiorari.

Update: In early news coverage, The Associated Press reports that "High court won't hear appeal over CIA torture report"; "Justices turn away GM appeal over ignition switches"; and "Justices won't hear challenge to Alabama campaign law.."

And Reuters reports that "U.S. top court won't review Houston police shooting 'waistband' defense"; "Supreme Court rejects GM bid to block ignition switch suits"; "U.S. top court preserves Alabama campaign finance curbs"; "U.S. Supreme Court snubs Chesapeake Energy in bonds dispute": and "U.S. high court won't review WellCare ex-CEO fraud conviction."
Posted at 09:34 AM by Howard Bashman



"OT2016 #19: 'Cusp of a Revelation.'" You can access today's new episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 08:17 AM by Howard Bashman


"Trump reschedules dinner with Supreme Court justices": Brandon Carter of The Hill has this report.
Posted at 08:14 AM by Howard Bashman


"Texas man convicted in double slaying to get Supreme Court hearing; The U.S. Supreme Court, including its newest justice, Neil Gorsuch, will decide on a legal technicality in the case of a Fort Worth man who killed a 5-year-old girl and her grandmother": Jolie McCullough of The Texas Tribune has this report.
Posted at 08:12 AM by Howard Bashman


"Supreme Court To Decide If Prosecution, Defense Can Share Experts in Capital Case": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 08:09 AM by Howard Bashman


Sunday, April 23, 2017

"Judge Alex Kozinski's advice for President Trump: Ninth Circuit Court of Appeals judge tells 60 Minutes it's not the judiciary's job to be a political counterforce, but to protect against abuses." Lesley Stahl had this segment (video / transcript) on this evening's broadcast of the CBS News program "60 Minutes."
Posted at 11:26 PM by Howard Bashman


"A popular public school Bible class in West Virginia faces legal challenge": Joe Heim of The Washington Post has this report.
Posted at 11:09 PM by Howard Bashman


"Berkeley cell phone warning law upheld by federal appeals court": Bob Egelko of The San Francisco Chronicle has this report.

Tom Lochner of The East Bay Times reports that "Judges panel gives ringing boost to Berkeley's cell phone disclosure ordinance; A federal court panel found that Berkeley's cellphone disclosure ordinance does not violate the First Amendment."

And Cyrus Farivar of Ars Technica reports that "Mobile industry loses its bid to stop Berkeley's cellphone warning law; 9th Circuit: Local law actually 'complements and reinforces' federal law, policy."

You can access Friday's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:09 PM by Howard Bashman



"Suspended Chief Justice Roy Moore to announce plans Wednesday": Mike Cason of AL.com has a report that begins, "Suspended Alabama Supreme Court Chief Justice Roy Moore will announce his future plans on the steps of the State Capitol on Wednesday."
Posted at 08:54 PM by Howard Bashman


"The Supreme Court Weighs the Church-State Division": This editorial appears in today's edition of The New York Times.
Posted at 08:50 PM by Howard Bashman


"Crime and Different Punishments": Ross Douthat has this op-ed in today's edition of The New York Times.

The op-ed discusses an article titled "Why Prison?: An Economic Critique" by Peter N. Salib, a recent graduate of the University of Chicago Law School who is currently clerking for Seventh Circuit Judge Frank H. Easterbrook.
Posted at 08:46 PM by Howard Bashman



"John Noonan, Federal Judge Who Served for Three Decades, Dies at 90": This obituary, written by Sam Roberts, appears in today's edition of The New York Times.
Posted at 08:32 PM by Howard Bashman


"Bearing Witness to Executions: Last Breaths and Lasting Impressions." Alan Blinder and Manny Fernandez of The New York Times have this article.
Posted at 07:35 PM by Howard Bashman


"Alito Cites GOP Ad to Argue Against Televising Supreme Court Arguments": Jess Bravin has this post at WSJ.com's "Washington Wire" blog.

And Friday at that very same blog, Bravin had a post titled "With Court at Full Strength, Alito Foresees Less Conservative Compromise With Liberal Bloc."

Both posts originate from Bravin's coverage of Justice Samuel A. Alito, Jr.'s remarks at a fireside chat Thursday afternoon at the Third Circuit's Judicial Conference. As I noted in this post earlier today, I came this close to recognizing Bravin, whom I have never formally met in person, that afternoon while he was sitting at a table in the conference's main hallway typing his reports on his laptop.
Posted at 03:50 PM by Howard Bashman



"Trump eyeing second Supreme Court seat": Lydia Wheeler of The Hill has this report.
Posted at 03:36 PM by Howard Bashman


"Indiana Supreme Court set to be all-white, all-GOP appointed": Rick Callahan of The Associated Press has this report.
Posted at 03:32 PM by Howard Bashman


"With Supreme Court seat filled, GOP looks to lower courts": Mary Clare Jalonick of The Associated Press has a report that begins, "Republicans have put President Donald Trump's Supreme Court nominee on the bench, and they're now in a position to fill dozens more federal judgeships -- and reshape some of the nation's highest courts. Democrats have few ways to stop them."
Posted at 03:20 PM by Howard Bashman


Some highlights from last week's Judicial Conference of the U.S. Court of Appeals for the Third Circuit: Finally had the pleasure of meeting in person Senior U.S. District Judge Mark W. Bennett (N.D. Iowa), whose writings and accomplishments I have long admired. Plus, narrowly avoided having to say that this guy was the first federal judge I ever met with his own publicly accessible Twitter account.

Finally got to meet in person fellow Third Circuit Bar Association board member Matthew Stiegler, author of the "CA3 Blog," with whom I previously co-authored an article criticizing an opinion written by the most recent SCOTUS nomination runner-up.

Had lunch with the always fascinating law professor, law blogger, Twitter superstar, and former law clerk to Justice Anthony M. Kennedy Orin Kerr and got to discuss lots of really interesting stuff with him.

Got to say "hey" and share an electrical outlet with Jess Bravin of The Wall Street Journal without even realizing it until a day later. Next time I'm at a judicial conference and see a Jess Bravin look-alike, I will explore further.

Received a shout-out from Justice Alito during his fireside chat, as noted here and here. According to a longtime Third Circuit judge in attendance at the conference, Justice Alito has been a loyal reader of "How Appealing" almost since this blog's creation nearly 15 years ago, and early on sent around an email to his Third Circuit colleagues suggesting that they too might enjoy reading the site.

Met the two most recent Third Circuit appointees, neither of whom I have yet had the privilege of appearing before in person.

Received an invite from a Third Circuit judge to speak at an event in Pittsburgh on Halloween. Sounds like a solid strategy to avoid consuming too much leftover candy at home.

Saw lots of old friends and met many new ones; realized I can enjoy attending a federal appellate court's judicial conference even if I'm not among the speakers/panelists.
Posted at 10:00 AM by Howard Bashman



Saturday, April 22, 2017

"Forget Trump's first 100, what about Gorsuch's first 10?" Ariane De Vogue of CNN.com has this report.
Posted at 10:32 PM by Howard Bashman


"Supreme Court Asked to Save Abbott and Costello 'Who's on First?' Copyright": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter.
Posted at 10:30 PM by Howard Bashman


"How Texas is beating the Supreme Court on abortion": Renuka Rayasam of Politico.com has this report.
Posted at 10:25 PM by Howard Bashman


"Video Shows Judge on Hudson Shore Before Her Death": William K. Rashbaum has this article in today's edition of The New York Times.
Posted at 08:44 PM by Howard Bashman


"Neil Gorsuch and the State's Power to Kill": This editorial appears in today's edition of The New York Times.
Posted at 08:35 PM by Howard Bashman


"Whose money is it?: Clarence Thomas and the due process clause." David Post has this blog entry at "The Volokh Conspiracy."
Posted at 08:30 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: Knowing is Half the Battle." Aaron Nielson has this post today at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 08:23 PM by Howard Bashman


"New Justice on the Block: Gorsuch's first-day performance was self-assured -- and slightly irritating to his colleagues." Mark Joseph Stern recently had this jurisprudence essay online at Slate.
Posted at 03:08 PM by Howard Bashman


"How the Coming Church-State Showdown Could be Avoided: The Supreme Court has ample reason to avoid deciding a case that could erode the Establishment Clause." Law professor Garrett Epps has this essay online today at The Atlantic.

Online at Bloomberg View, law professor Noah Feldman has an essay titled "Church Playground Case Is a Constitutional Seesaw."

And online at The New Yorker earlier this week, Jeffrey Toobin had a post titled "The Conservative Agenda for Gorsuch's First Week."
Posted at 03:04 PM by Howard Bashman



"A few highlights from the Third Circuit conference": Matthew Stiegler has this post at his "CA3blog."
Posted at 02:24 PM by Howard Bashman


Friday, April 21, 2017

"3 judges to hear appeal of Hawaii ruling blocking travel ban": The Associated Press has this report.

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit denying initial en banc review at this link.
Posted at 08:12 PM by Howard Bashman



Justice Gorsuch, in action: If you collected baseball cards as a kid in the early 1970s, as I did, perhaps you too especially liked the "in action" ones.

This afternoon, the U.S. Supreme Court posted online the audio of this week's oral arguments, which allows us to listen to the newest U.S. Supreme Court Justice in action.
Posted at 04:44 PM by Howard Bashman



"He robbed banks and went to prison. His time there put him on track for a new job: Georgetown law professor." Susan Svrluga of The Washington Post has this report.
Posted at 04:08 PM by Howard Bashman


"Federal Judge McKeague to go on senior status": Ken Palmer of The Lansing State Journal has an article that begins, "U.S.Circuit Court of Appeals Judge David McKeague plans to go on senior status, federal officials said Thursday."
Posted at 04:05 PM by Howard Bashman


"Gorsuch casts death-penalty vote in one of his first Supreme Court cases": Robert Barnes of The Washington Post has this report.
Posted at 04:02 PM by Howard Bashman


"'Pivotal Moment' for Democrats? Gerrymandering Heads to Supreme Court." Michael Wines of The New York Times has this report.
Posted at 03:54 PM by Howard Bashman


"U.S. Supreme Court Justice Samuel Alito Helps Judge First-Ever Garth Competition and Camden Team Wins Close Contest": Elizabeth Moore of Rutgers University in Newark, New Jersey has this report.
Posted at 03:48 PM by Howard Bashman


Dinner last night as part of the Third Circuit Bar Association's Dine-Arounds: Last night at the Third Circuit's Judicial Conference in Lancaster, Pa., the judges participated in a judges-only dinner. To provide dining choices for attorneys attending the conference, the Third Circuit Bar Association organized a variety of dine-around options at local restaurants.

I was part of a small group that grabbed dinner at the Lancaster Brewing Company. Joining me for dinner were Matthew Stiegler, author of the "CA3blog"; Mary Catherine Roper, deputy legal director at the ACLU of Pennsylvania; and Maurice Harmon of Harmon & Seidman LLC. A proverbial good time was had by all.
Posted at 09:32 AM by Howard Bashman



Programming note: The Judicial Conference of the U.S. Court of Appeals for the Third Circuit in Lancaster, Pennsylvania -- which I have immensely enjoyed attending -- concludes midday today. As a result, regular blogging will not resume until this evening.

As always while I am traveling, more frequent appellate-related retweets will appear on this blog's Twitter feed.
Posted at 07:55 AM by Howard Bashman



"For Supreme Court Justice Samuel Alito, speaking in Lancaster, TV cameras are out, dogs are in": Jeff Hawkes has this front page article (registration required for full access) in LNP, a daily newspaper in Lancaster, Pennsylvania. A bit more of the article can be freely accessed via the Newseum's PDF of the newspaper's front page from today.

And Dan Packel of Law360.com reports that "Justice Alito Still Says No To Video Cameras At High Court" (subscription required for full access).
Posted at 07:50 AM by Howard Bashman



In Bashman news from The American Lawyer: Online at The Am Law Litigation Daily, Max Mitchell has an article headlined "Litigator of the Week: An Appellate Attorney Fends Off Honda in a $55M Fight" (subscription required for full access).
Posted at 07:40 AM by Howard Bashman


Thursday, April 20, 2017

"Supreme Court Weighs State Aid to Church Programs": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has a front page article headlined "Justices express sympathy with Missouri church at Supreme Court hearing."

David G. Savage of The Los Angeles Times reports that "Supreme Court appears ready to break down a church-state barrier in certain circumstances."

In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Justices Question Missouri Over Denying Funds to Church School; Supreme Court hears arguments over state grants for playground funding."

And Richard Wolf of USA Today reports that "Supreme Court justices side with church in playground dispute."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577.
Posted at 11:38 PM by Howard Bashman



Wednesday, April 19, 2017

"Superior Court Upholds $55M Crashworthiness Award Against Honda": Max Mitchell of The Legal Intelligencer has this article in which I am mentioned and quoted.

And Dan Packel of Law360.com reports that "Honda Can't Topple $55M Seat Belt Defect Verdict In Pa."

My earlier coverage of today's Pa. Superior Court ruling -- in a case in which I am serving as appellate counsel for plaintiffs -- can be accessed here. And the appellate briefs filed in the case can be accessed via this earlier post.
Posted at 10:55 PM by Howard Bashman



Programming note: Beginning this afternoon through midday on Friday, I will be attending the Third Circuit's Judicial Conference in Lancaster, Pa.

While the conference is underway, this blog will be updated only at night. Regular programming should return by Saturday. As always while I am traveling, more frequent appellate-related retweets will appear on this blog's Twitter feed.
Posted at 11:45 AM by Howard Bashman



Pa. Superior Court affirms judgment for plaintiffs in Martinez v. Honda: You can access today's unanimous, non-precedential ruling of a three-judge panel at this link. I am lead appellate counsel for plaintiffs-appellees in this matter.

I previously linked to the parties' appellate briefs in a post you can access here.
Posted at 11:37 AM by Howard Bashman



Access today's rulings of the U.S. Supreme Court in argued cases: The Court today issued rulings in two argued cases. Justice Neil M. Gorsuch did not participate in either ruling, as both cases were argued before he reached the Court.

1. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Nelson v. Colorado, No. 15-1256. Justice Samuel A. Alito, Jr. issued an opinion concurring in the judgment. And Justice Clarence Thomas issued a dissenting opinion. You can access the oral argument via this link.

2. And Justice Thomas delivered the opinion of the Court in Manrique v. United States, No. 15-7250. Justice Ginsburg issued a dissenting opinion, in which Justice Sonia Sotomayor joined. You can access the oral argument via this link.

Update: In early news coverage, The Associated Press reports that "Justices require new appeal for challenging victim awards."
Posted at 10:03 AM by Howard Bashman



Tuesday, April 18, 2017

"Chief Justice -- gasp! -- may be savior for class-action opt-outs": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 03:42 PM by Howard Bashman


"U.S. Supreme Court hesitant to expand debt collection abuse law": Andrew Chung of Reuters has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Henson v. Satander Consumer USA Inc., No. 16-349.
Posted at 03:37 PM by Howard Bashman



"U.S. Supreme Court May Curb SEC Power to Recoup Illegal Gains": Greg Stohr of Bloomberg News has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Kokesh v. SEC, No. 16-529.
Posted at 03:15 PM by Howard Bashman



"U.S. top court urged to decide church case despite state policy flip": Lawrence Hurley of Reuters has this report.
Posted at 03:09 PM by Howard Bashman


"Is the Trinity Lutheran Church case moot?" Marty Lederman has this post at "Balkinization."
Posted at 01:22 PM by Howard Bashman


"Listen to Justice Gorsuch's first words -- on Friday": Columnist Michael McGough has this essay online at The Los Angeles Times.
Posted at 01:18 PM by Howard Bashman


"Can we handle 'the truth about SCOTUS'?" Will Baude has this post at "The Volokh Conspiracy."
Posted at 10:58 AM by Howard Bashman


"Missouri playground at center of Supreme Court church-state dispute": Richard Wolf of USA Today has this report.
Posted at 10:54 AM by Howard Bashman


Access today's rulings of the U.S. Supreme Court in argued cases: The Court today issued rulings in two argued cases. Justice Neil M. Gorsuch did not participate in either ruling, as both cases were argued before he reached the Court.

1. Justice Elena Kagan delivered the opinion for a unanimous Court in Goodyear Tire & Rubber Co. v. Haeger, No. 15-1406. You can access the oral argument via this link.

2. And Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Coventry Health Care of Mo. v. Nevils, No. 16-149. Justice Clarence Thomas issued a concurring opinion. You can access the oral argument via this link.

Update: In early news coverage, The Associated Press reports that "High court sides with Goodyear in personal injury dispute."
Posted at 10:03 AM by Howard Bashman



On the agenda: From Wednesday afternoon through midday on Friday, I will be attending the Judicial Conference of the U.S. Court of Appeals for the Third Circuit in Lancaster, Pennsylvania. Law professor Orin Kerr will be there, enabling him to communicate in person his recommendations (see here and here) for how that court's current vacancies should be filled.

On Tuesday of next week, I will be arguing an appeal on behalf of the plaintiff-appellee before a three-judge panel of the Superior Court of Pennsylvania.

And on Thursday of next week, I will be arguing an appeal on behalf of the plaintiffs-appellants before a three-judge panel of the Third Circuit.
Posted at 08:40 AM by Howard Bashman



"Neil Gorsuch Sounded A Lot Like Justice Scalia On His First Day On The Job; The rookie justice tried to make a good impression, but he wasn't afraid to leave a mark": Cristian Farias of The Huffington Post has this report.
Posted at 08:24 AM by Howard Bashman


"Court Decisions Force Arkansas to Halt Execution": Alan Blinder of The New York Times has this report.

The Associated Press has reports headlined "Arkansas vows to keep pushing for executions despite setback" and "Arkansas execution drugs intended for surgery, heart issues."

And Chris Geidner of BuzzFeed News reports that "Arkansas Thwarted In Attempt To Carry Out Scheduled Executions."
Posted at 08:20 AM by Howard Bashman



Monday, April 17, 2017

"Does the Freedom of Information Act require disclosure of booking photos of publicly named, federal indictees who have already appeared in open court?" Last week, the federal government filed its Brief in Opposition to the Petition for a Writ of Certiorari that The Detroit Free Press filed last November in the U.S. Supreme Court presenting this question (links to documents via "SCOTUSblog").

My earlier coverage of the Sixth Circuit's 9-to-7 en banc ruling in this case can be accessed here and here.
Posted at 10:45 PM by Howard Bashman



"Justice Neil Gorsuch Is Greeted by Highly Technical Cases; New member of Supreme Court argues his preferred method of legal interpretation, textualism, can easily solve problems": Jess Bravin and Brent Kendall of The Wall Street Journal have this report.

And Lyle Denniston has a blog post titled "Active -- and comfortable -- first day for Gorsuch."
Posted at 10:32 PM by Howard Bashman



"America's Most Political Food: The founder of a popular South Carolina barbecue restaurant was a white supremacist; Now that his children have taken over, is it O.K. to eat there?" Lauren Collins has this lengthy article in the April 24, 2017 issue of The New Yorker. The article mentions several U.S. Supreme Court rulings and focuses on a chain of restaurants involved in this U.S. Supreme Court ruling.
Posted at 09:00 PM by Howard Bashman


"Bitter Fight Behind Him, Justice Gorsuch Starts Day With Relish": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Hearing first arguments as member of the Supreme Court, Gorsuch jumps right in."

David G. Savage of The Los Angeles Times reports that "A confident Justice Gorsuch plunges into the debate on his first day at the Supreme Court."

Michael Doyle of McClatchyDC reports that "Gorsuch gets some laughs -- and answers -- at his first Supreme Court oral argument."

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Justice Gorsuch Finds His 'Easier' Solution Has Few Takers On 1st Day."
Posted at 08:30 PM by Howard Bashman



"Gorsuch fits in on Supreme Court's 'hot bench' on first day on the job": Richard Wolf of USA Today has this report.
Posted at 05:42 PM by Howard Bashman


"The Third Circuit has 3 open seats. Who should fill them?" Matthew Stiegler has this interesting post today at his "CA3blog."
Posted at 05:28 PM by Howard Bashman


"Justices, Tenure, and What to Expect Moving Forward": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 04:08 PM by Howard Bashman


"Neil Gorsuch's First Big Test: Which side will he come down on in an important religious liberty case?" Dahlia Lithwick and Camille Mott have this jurisprudence essay online today at Slate.
Posted at 03:18 PM by Howard Bashman


"Trump appointee Gorsuch energetic in first U.S. high court arguments": Lawrence Hurley and Andrew Chung of Reuters have this report.

And Greg Stohr of Bloomberg News reports that "Gorsuch Full of Questions in First U.S. Supreme Court Argument."

You can access the transcripts of today's U.S. Supreme Court oral arguments via this link.
Posted at 03:11 PM by Howard Bashman



Access the contents of the April 2017 issue of The Yale Law Journal: Via this link. The issue includes a collection titled "In Memoriam: Justice Antonin Scalia" featuring tributes from each of the three current Justices who graduated from Yale Law School -- Clarence Thomas; Samuel A. Alito, Jr.; and Sonia Sotomayor.
Posted at 12:24 PM by Howard Bashman


"Gorsuch asks his first questions from Supreme Court bench": The Associated Press has this report.
Posted at 11:04 AM by Howard Bashman


"Alternative Facts & History, and Alarming Implications, in DOJ's CFPB Brief": Neil J. Kinkopf has this post at the "Take Care" blog.
Posted at 10:58 AM by Howard Bashman


"Judge Richard Posner's unimpeachable honesty: Judges cloak their decisions behind a smokescreen of legalism." Law profesor Glenn Harlan Reynolds recently had this essay online at USA Today.
Posted at 10:54 AM by Howard Bashman


"To Fix the Confirmation Process We Need to Face the Truth About SCOTUS": Eric Segall has this post today at "Dorf on Law."
Posted at 10:48 AM by Howard Bashman


"Why Gorsuch May Not Be So Genteel on the Bench": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:42 AM by Howard Bashman


"Gorsuch era on U.S. high court begins with his first three cases": Lawrence Hurley of Reuters has this report.
Posted at 10:35 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


"Ready or Not, Gorsuch to Take Supreme Court Bench a Week After Oath": Greg Stohr of Bloomberg News has this report.
Posted at 08:57 AM by Howard Bashman


"OT2016 #18: 'Not Exactly Mr. Bluebook.'" You can access today's new episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 08:53 AM by Howard Bashman


Sunday, April 16, 2017

"Supreme Court action to show Donald Trump's impact": Kimberly Atkins of The Boston Herald has this report.
Posted at 11:00 PM by Howard Bashman


"May it please the court: an alumna's journey to the Supreme Court." Sonali Seth of The Daily Trojan, the student newspaper of the University of Southern California, has this report.
Posted at 10:57 PM by Howard Bashman


"Supreme Court next stop in Kokesh, SEC saga": Bruce Krasnow of The Santa Fe New Mexican has this report.
Posted at 10:54 PM by Howard Bashman


"Will Supreme Court Justice Neil Gorsuch recuse himself on his first day on the job?" Cody Derespina of FoxNews.com has this report.
Posted at 10:50 PM by Howard Bashman


"Is the Supreme Court acting less like a court?" Professor Daniel N. Rockmore and law professor Michael A. Livermore recently had this essay online at The Conversation.
Posted at 08:55 PM by Howard Bashman


"A civility award for the Supreme Court's odd couple": Columnist Michael McGough recently had this essay online at The Los Angeles Times.
Posted at 08:44 PM by Howard Bashman


"Justice Gorsuch can forget about ethics code for court now": Law professor Steven Lubet has this essay at CNN.com.
Posted at 08:40 PM by Howard Bashman


"When the separation of church and state leads to children with scraped knees": Columnist George F. Will has this op-ed in today's edition of The Washington Post.
Posted at 08:33 PM by Howard Bashman


"With Trump pick aboard, top U.S. court tackles religious rights": Andrew Chung of Reuters has this report.
Posted at 08:27 PM by Howard Bashman


"Supreme Court Justice Gorsuch is no Antonin Scalia": Online at The San Jose Mercury News, attorney Christian Mammen has an essay that begins, "I am a proud Berkeley liberal. I have lived in the Bay Area for the past 20 years, and have been a registered Democrat since college. I have also known Neil Gorsuch for over 20 years, since we were graduate students at Oxford, churning out our dissertations in the Law Library."
Posted at 08:22 PM by Howard Bashman


"Playground of Liberty: An important church-state case at the Supreme Court centers on tire scraps repurposed for kids' play areas." Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 07:54 PM by Howard Bashman


"How Civil-Rights Law Can Apply to Sexual Orientation, Too": Law professor Cass R. Sunstein recently had this essay online at Bloomberg View.
Posted at 07:50 PM by Howard Bashman


"Supreme Court, with Gorsuch, set to hear church-state case": Mark Sherman and Maria Danilova of The Associated Press have this report.
Posted at 10:56 AM by Howard Bashman


"Who Will President Trump Nominate To The Circuit And District Courts?" David Lat has this post at "Above the Law."

In somewhat related news coverage, late last month, Paul Egan of The Detroit Free Press reported that "Justice Young leaving Michigan Supreme Court for Detroit law firm job."

And Michael Gerstein of The Detroit News reported that "Young leaves rule-of-law legacy on Supreme Court."
Posted at 10:52 AM by Howard Bashman



Saturday, April 15, 2017

"Starr plays key role in bringing Supreme Court Justice Thomas to MCC": Phillip Ericksen of The Waco Tribune-Herald has this report.
Posted at 08:24 PM by Howard Bashman


"Federal judge issues order blocking Arkansas executions; Arkansas attorney general plans 'immediate' appeal, spokesman says": Gavin Lesnick and Emma Pettit of The Arkansas Democrat-Gazette have this report.

And Alan Blinder of The New York Times reports that "Federal Judge Blocks Arkansas Executions."
Posted at 09:38 AM by Howard Bashman



Friday, April 14, 2017

"Supreme Court Ruling Draws a Vague Line in Bankruptcy Cases": Stephen J. Lubben has this new installment of his "In Debt" column at the "DealBook" blog of The New York Times.
Posted at 01:36 PM by Howard Bashman


"The Worst System of Citation Except for All the Others": David J.S. Ziff has this review of "The Bluebook: A Uniform System of Citation" (20th ed.) in the Spring 2017 issue of the Journal of Legal Education. And at his "Ziff Blog," he has a related post titled "My Review of The Bluebook: The Reviews Are In!"

As PG noted at the "De Novo" blog back in 2005, the 18th edition of The Bluebook included "How Appealing" in an example of how to cite to a blog, a development that sparked some law blog commentary (see here, here, here, here, and here) and at least one law review mention.
Posted at 11:48 AM by Howard Bashman



"NASA detained a 75-year-old woman selling a tiny moon rock. An appeals court says she can sue." Maura Dolan of The Los Angeles Times has this report.

Bob Egelko of The San Francisco Chronicle reports that "Woman, 74, sues after sting and tough questioning over moon rock."

And Sudhin Thanawala of The Associated Press has a report headlined "Court: Detention of woman during moon rock sting 'degrading.'"

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:15 AM by Howard Bashman



"Greitens instructs DNR to consider religious organizations for grants": Celeste Bott of The St. Louis Post-Dispatch has an article that begins, "Days before the U.S. Supreme Court is due to hear a pivotal case over whether Missouri can use public money to aid religious institutions, Gov. Eric Greitens announced that he's instructed the Department of Natural Resources to allow such organizations to apply for and receive DNR grants."

Jason Hancock of The Kansas City Star reports that "Gov. Greitens reverses state policy, allowing tax dollars to aid religious groups."

Katie Kull of The Associated Press has a report headlined "Greitens: Religious organizations can apply for state grants."

And Jason Rosenbaum and Jo Mannies of St. Louis Public Radio report that "Missouri Gov. Greitens issues policy change regarding state grants and religious groups."
Posted at 09:12 AM by Howard Bashman



Thursday, April 13, 2017

"Court grants Duane Buck relief that could remove him from Texas death row": Cindy George of The Houston Chronicle has this report on a per curiam ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today.
Posted at 04:28 PM by Howard Bashman


"How One Man Brought Justices Roberts, Alito And Gorsuch To The Supreme Court": Jeffrey Toobin spoke about his article in the current issue of The New Yorker on yesterday's broadcast of NPR's "Fresh Air."
Posted at 01:44 PM by Howard Bashman


"Federal judge ordered to rehab for alcoholism, records show": Michael Kunzelman of The Associated Press has this report.

And Marilyn Monroe of American Press of Lake Charles, Louisiana reports that "Minaldi diagnosed with brain disorder caused by severe alcohol abuse."
Posted at 01:28 PM by Howard Bashman



"There's a word that no longer describes the federal appeals court in Richmond": Ann E. Marimow of The Washington Post has this report.
Posted at 01:16 PM by Howard Bashman


"Court revives harassment lawsuit over blog posts, menacing free speech": Hans Bader has this post today at the "Liberty Unyielding" blog about a ruling that the U.S. Court of Appeals for the Third Circuit issued recently.

And earlier, at his "Technology & Marketing Law Blog," Eric Goldman had a post titled "Can Blogging Violate the Fair Housing Act? -- Revock v. Cowpet Bay West Condo Ass'n."
Posted at 11:45 AM by Howard Bashman



"Police Believe New York Judge Found in Hudson River Committed Suicide": Alan Feuer, Matthew Haag, and William K. Rashbaum of The New York Times have this report.
Posted at 11:28 AM by Howard Bashman


"For Neil Gorsuch, Supreme Court job may seem subordinate": Richard Wolf of USA Today has this article, which includes a law professor's prediction of which opinion from the U.S. Supreme Court's sitting that begins next week the newest Justice may be assigned to write.
Posted at 10:20 AM by Howard Bashman


"Below the Surface of the Gorsuch Confirmation Hearings": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 09:56 AM by Howard Bashman


"The Broken Supreme Court": Linda Greenhouse has this essay online at The New York Times.
Posted at 08:34 AM by Howard Bashman


Wednesday, April 12, 2017

"Partisan battles over nominees pose 'real danger' for Supreme Court, chief justice says": Robert Barnes has this article in today's edition of The Washington Post.

In today's edition of The Record of Troy, New York, Nicholas Buonanno has a front page article headlined "Supreme Court Chief Justice speaks at RPI."

In today's edition of The Times Union of Albany, New York, Bethany Bump has a front page article headlined "At RPI, Chief Justice says high court isn't partisan; Roberts addresses issues ranging from diversity to transparency."

Maria Espinosa of The Polytechnic, the student newspaper of Rensselaer Polytechnic Institute, reports that "Chief justice of the United States visits RPI."

And Cristian Farias of The Huffington Post has an article headlined "Neil Gorsuch Is Neither Republican Nor Democrat, Says Chief Justice Roberts; The Supreme Court's chief really, really dislikes the confirmation process."
Posted at 11:22 PM by Howard Bashman



"Being a Supreme Court newbie isn't all drudgery. Elena Kagan will be throwing a party for Neil Gorsuch." Emily Heil has this installment of the "Reliable Source" feature in today's edition of The Washington Post.
Posted at 11:02 PM by Howard Bashman


"Florida Bar wants to regulate Avvo and other legal marketers. Will state Supreme Court allow it?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 10:14 PM by Howard Bashman


"Ohio asks appeals court to review lethal injection process": The Associated Press has a report that begins, "State lawyers want an entire appeals court to review Ohio's new and twice-rejected lethal injection process as the state struggles to resume executions."
Posted at 10:10 PM by Howard Bashman


"Why Is Arkansas Rushing to Execute Seven People?" Lincoln Caplan has this post online today at The New Yorker.
Posted at 10:06 PM by Howard Bashman


"A Conversation with Chief Justice John G. Roberts, Jr." Rensselaer Polytechnic Institute has posted this video on YouTube.
Posted at 04:45 PM by Howard Bashman


"If Gorsuch is like his colleagues, he'll constantly interrupt the female justices; At the Supreme Court, men talk over women; The reverse almost never happens": Law professor Tonja Jacobi and Dylan Schweers have this essay online at The Washington Post.
Posted at 01:40 PM by Howard Bashman


"How Courts Avoid Ruling on Issues of Privacy: When it comes to technology privacy cases, judges often focus on side issues instead of tackling the big questions." Jill Priluck has this essay online at Slate.
Posted at 01:35 PM by Howard Bashman


"In Consumer Bureau Showdown, it's Trump's DOJ versus . . . Trump's DOJ": Deepak Gupta and Jonathan Taylor have this post today at the "Take Care" blog.
Posted at 01:30 PM by Howard Bashman


"Trump's Chance to Fill Lower Court Vacancies Rest on Bipartisanship; Grassley is eager to begin processing judicial nominations": Niels Lesniewski of Roll Call has this report.
Posted at 01:26 PM by Howard Bashman


"The Supreme Court Is Hazing Neil Gorsuch": This video segment appeared on last night's broadcast of the TBS program "Conan."
Posted at 01:15 PM by Howard Bashman


"David Souter Killed the Filibuster": Columnist Ross Douthat has this essay online at The New York Times.
Posted at 09:08 AM by Howard Bashman


"Democrats face uphill fight if Trump gets second U.S. high court pick": Lawrence Hurley of Reuters has this report.
Posted at 09:02 AM by Howard Bashman


Tuesday, April 11, 2017

"Supreme Court Retirement Talk Focuses on Pivotal Justice Kennedy": Greg Stohr of Bloomberg News has this report.
Posted at 03:08 PM by Howard Bashman


"When will Justice Anthony Kennedy retire?" Joan Biskupic of CNN.com has this report.
Posted at 11:36 AM by Howard Bashman


In Bashman news from Australia: PerthNow reported one week ago today that "Perth carjackers bash man, steal BMW."

And thanks to one of this blog's longtime readers residing in Australia for emailing yesterday to congratulate me on this blog's upcoming 15th birthday!
Posted at 10:42 AM by Howard Bashman



"Neil Gorsuch's Appointment Further Blurs Line Between Law and Politics; New justice's appointment was directly linked to the partisan presidential election cycle": In today's edition of The Wall Street Journal, Jess Bravin has an article that begins, "The bruising partisan process that preceded the swearing-in of Neil Gorsuch on Monday to the U.S. Supreme Court less recalled the stately self-image of the federal bench than the sharp-elbowed, much criticized retail politics most states use to elect their judges."
Posted at 10:22 AM by Howard Bashman


"Neil M. Gorsuch sworn in as 113th Supreme Court justice": Robert Barnes and Ashley Parker have this article in today's edition of The Washington Post.

David G. Savage of The Los Angeles Times reports that "Gorsuch thanks Trump as he takes oath as Supreme Court justice."

In today's edition of The New York Times, Julie Hirschfeld Davis has an article headlined "Neil Gorsuch Is Sworn In as Supreme Court Justice."

In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Neil Gorsuch Takes Oath in Rose Garden Ceremony, Filling Supreme Court Vacancy; Colorado jurist expected to restore the conservative majority jeopardized by death of Justice Antonin Scalia."

Richard Wolf and David Jackson of USA Today report that "Neil Gorsuch sworn in as 113th Supreme Court justice."

Alex Swoyer of The Washington Times reports that "Justice Gorsuch may quickly make mark on Supreme Court rulings."

And in today's edition of The Denver Post, Mark K. Matthews has a front page article headlined "Neil Gorsuch takes oath of office to become Supreme Court justice; Neil Gorsuch's oath was administered by Justice Anthony Kennedy."
Posted at 10:18 AM by Howard Bashman



"The one obstacle to an originalism-driven judiciary": Hugh Hewitt has this essay online at The Washington Post.
Posted at 09:56 AM by Howard Bashman


"Appeals Court to Review Trump Travel Ban With All Active Judges Participating; Fourth Circuit Court to skip three-judge panel review, possibly speeding up resolution of travel ban's legality": Brent Kendall of The Wall Street Journal has this report.

The Associated Press reports that "Full 4th Circuit to hear Trump's revised travel ban appeal."

Josh Gerstein of Politico.com reports that "Full bench of 4th Circuit to hear Trump travel ban case in May; Richmond-based court will take up feds' appeal as court in West prepares to hear another."

Chris Geidner of BuzzFeed News reports that "Full Federal Appeals Court Will Hear Travel Ban Arguments In May; On May 8, the US Court of Appeals for the Fourth Circuit will hear the Trump administration's appeal of a district court judge's order halting enforcement of the travel ban."

Lyle Denniston has a blog post titled "Full 4th Circuit to rule on Trump immigration order."

And Emily L. Mahoney of Cronkite News reports that "Arizona history serves as key legal argument in states' court brief supporting Trump travel ban."
Posted at 09:53 AM by Howard Bashman



"Cases, but also cafeteria duty, await Gorsuch at high court": Jessica Gresko of The Associated Press has this report.
Posted at 09:40 AM by Howard Bashman


Monday, April 10, 2017

Fourth Circuit grants initial hearing en banc in International Refugee Assistance Project v. Trump: You can access today's order of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 06:17 PM by Howard Bashman


"Reflecting on 15 Years of Covering Appellate Developments": On May 6, 2017, this blog will celebrate its 15th birthday. I offer some reflections on the past and future of covering appellate developments in the new installment of my "Upon Further Review" column, which will appear in tomorrow's issue of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.
Posted at 05:18 PM by Howard Bashman


"Supreme Court, Back at 9, Endures as Centrist": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 04:02 PM by Howard Bashman


"For online publishers, editing can lead to copyright liability: 9th Circuit." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 03:58 PM by Howard Bashman


Access the contents of the April 2017 issue of the Harvard Law Review: Via this link.
Posted at 03:50 PM by Howard Bashman


SCOTUSDaily interviews Richard Wolf of USA Today: You can read the interview at this link.
Posted at 01:30 PM by Howard Bashman


"Why Democrats have no regrets after McConnell's 'nuclear' blast: They were convinced the GOP would kill the filibuster for Supreme Court nominees, if not now, then in the future." Elana Schor of Politico.com has this report.
Posted at 01:25 PM by Howard Bashman


"Trump's pick Gorsuch sworn in, restoring top court's conservative tilt": Lawrence Hurley of Reuters has this report.

Greg Stohr of Bloomberg News reports that "Gorsuch Takes Oath at White House, Becomes New Top Court Justice."

And Sam Hananel and Vivian Salama of The Associated Press report that "Gorsuch sworn into Supreme Court, vows to serve Constitution."
Posted at 12:58 PM by Howard Bashman



"Scotus: A Gloriously Predictable Beat . . . Until It Wasn't." Adam Liptak had this article in Saturday's edition of The New York Times.
Posted at 12:15 PM by Howard Bashman


"Neil Gorsuch's confirmation shattered political conventions. Here is why." Law professor Richard Pildes has this essay online at The Washington Post.
Posted at 11:06 AM by Howard Bashman


"In the future, John Roberts could be the Supreme Court's swing vote ": Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online at The Los Angeles Times.
Posted at 11:04 AM by Howard Bashman


"Welcome to the Supreme Court, rookie": Ariane de Vogue of CNN.com has this report.
Posted at 10:58 AM by Howard Bashman


"The Supreme Court After the Nuclear Option: Will the quality of the justices go down now that the filibuster is gone?" Seventh Circuit Judge Richard A. Posner has this jurisprudence essay online at Slate.
Posted at 10:52 AM by Howard Bashman


"Neil Gorsuch being sworn in as 113th Supreme Court justice": Richard Wolf of USA Today has this report.

C-SPAN will broadcast online the public swearing-in ceremony live from the White House at 11 a.m. eastern time today. You can access the video via this link at that time.
Posted at 09:48 AM by Howard Bashman



"How Merrick Garland could torment Trump: The spurned Supreme Court nominee has had a lot to say about deregulatory initiatives like the one the president's pushing." Josh Gerstein of Politico.com has this report.
Posted at 08:23 AM by Howard Bashman


"How Will Gorsuch Decide on Cases from the Supreme Court's April Calendar?" Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 08:17 AM by Howard Bashman


"The Conservative Pipeline to the Supreme Court: With the Federalist Society, Leonard Leo has reared a generation of originalist elites; The selection of Neil Gorsuch is just his latest achievement." Jeffrey Toobin has this Annals of Law article in the April 17, 2017 issue of The New Yorker.
Posted at 08:15 AM by Howard Bashman


Sunday, April 9, 2017

"What does the junior Supreme Court justice do? Kagan tells Gorsuch it starts in the kitchen." Robert Barnes of The Washington Post has this report.
Posted at 11:10 PM by Howard Bashman


"Appeals Court Rules Website Moderators Can Potentially Undercut Copyright Defense; In its latest big decision on the copyright front, the 9th Circuit revives a paparazzi agency's lawsuit over a photo of Beyonce Knowles": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued on Friday.
Posted at 11:02 PM by Howard Bashman


"Congratulations to Soon-to-Be Associate Justice Gorsuch": The U.S. Court of Appeals for the Tenth Circuit issued this news release on Friday.
Posted at 10:55 PM by Howard Bashman


"Now, the Ball Is in John Roberts's Court": This editorial appears in today's edition of The New York Times.
Posted at 09:27 PM by Howard Bashman


"A Polarized Supreme Court, Growing More So": Adam Liptak of The New York Times has this report.
Posted at 09:07 PM by Howard Bashman


"Neil Gorsuch's Ascent Highlights Washington's Close-Knit Legal World; New justice is set to take the bench on April 17, when he will see a familiar face: Neal Katyal, the ex-Obama administration lawyer who endorsed him." Brent Kendall of The Wall Street Journal has this report.
Posted at 08:53 PM by Howard Bashman


"Supreme Court Regains Conservative Tilt With Neil Gorsuch's Senate Confirmation; High court enters busy final stretch, while possible cases on immigration, guns and voting rights loom": Brent Kendall and Byron Tau had this article in Saturday's edition of The Wall Street Journal.

Robert Barnes and Ed O'Keefe of The Washington Post have an article headlined "Immediate impact: Gorsuch could begin playing pivotal role on Supreme Court starting next week."

And at the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "What will Gorsuch face as a new Justice?"
Posted at 08:30 PM by Howard Bashman



"Republicans Made High Court a Partisan Battleground": Kenneth Jost has this post today at his blog, "Jost on Justice."
Posted at 08:57 AM by Howard Bashman


Saturday, April 8, 2017

"Trump, Republicans in Supreme Court driver's seat": Richard Wolf of USA Today has this report.
Posted at 10:40 PM by Howard Bashman


"Joining high court, the real Neil Gorsuch set to stand up": Nancy Benac of The Associated Press has a report that begins, "Somewhere between the Republican caricature of the next justice of the Supreme Court as a folksy family guy and the Democrats' demonization of him as a cold-hearted automaton, stands Neil Gorsuch."
Posted at 10:30 PM by Howard Bashman


"The Gorsuch Fight Changed the Senate. Will It Change the Court?" Law professor Lisa Marshall Manheim will have this essay in the Sunday Review section of tomorrow's edition of The New York Times.
Posted at 09:36 PM by Howard Bashman


Friday, April 7, 2017

"There Will Never Be a 'Mainstream' Supreme Court Justice: The nuclear option won't change that." Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online today at Slate.
Posted at 11:20 PM by Howard Bashman


"Justice Gorsuch Ushers In a New Era": Law professor Noah Feldman has this essay online today at Bloomberg View.

I offered some similar thoughts in the February 2017 installment of my "Upon Further Review" column published in The Legal Intelligencer, headlined "Increased Senate Partisanship Threatens Future of US Supreme Court."
Posted at 11:15 PM by Howard Bashman



Programming note: This afternoon, the Philadelphia Phillies will play the team's home opener against the Washington Nationals, and I will be there. As a result, additional posts will not appear here until this evening.
Posted at 12:14 PM by Howard Bashman


"Fourth Circuit Weighs 'Exceptional Importance' and Possible En Banc Hearing on Travel Ban 2.0": Derek Stikeleather has this post today at the "Maryland Appellate Blog."
Posted at 11:54 AM by Howard Bashman


"Senate Confirms Gorsuch as Supreme Court Justice": Adam Liptak and Matt Flegenheimer of The New York Times have this report.

Ed O'Keefe and Robert Barnes of The Washington Post report that "Senate confirms Neil Gorsuch to Supreme Court."

And Lisa Mascaro and David G. Savage of The Los Angeles Times report that "Senate confirms Neil Gorsuch, Trump's Supreme Court nominee."
Posted at 11:48 AM by Howard Bashman



The U.S. Senate has confirmed Tenth Circuit Judge Neil M. Gorsuch to serve as an Associate Justice of the Supreme Court of the United States: According to C-SPAN's live vote tally. Once the voting has concluded, you can access the official vote tally via this link.

Update: Final vote -- 54 to 45 in favor of confirmation.
Posted at 11:43 AM by Howard Bashman



"Thoughts on the judicial nominations mess and nuclear fallout": Jonathan H. Adler has this post at "The Volokh Conspiracy."
Posted at 09:42 AM by Howard Bashman


"Senate set to approve Trump's conservative Supreme Court pick": Lawrence Hurley and Andrew Chung of Reuters have this report.

From The Associated Press, Mark Sherman reports that "Gorsuch may be decisive vote in divisive Supreme Court cases." And Ken Thomas has a news analysis headlined "Gorsuch a win for Trump and GOP establishment."

Greg Stohr of Bloomberg News reports that "Divisive Gorsuch Fight Leaves Political Mark on Supreme Court."

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Senate Invokes 'Nuclear Option' To Ease Gorsuch Nomination."

And online at The New Yorker, Amy Davidson has a post titled "Gorsuch Wins, the Filibuster Loses."

Today's U.S. Supreme Court confirmation vote is scheduled to occur in the U.S. Senate starting at 11:30 a.m. eastern time today. You can view the proceedings live online via C-SPAN.org.
Posted at 09:38 AM by Howard Bashman



Thursday, April 6, 2017

"Judging Ordinary Meaning": Justice Thomas R. Lee of the Supreme Court of Utah and Stephen C. Mouritsen have posted this article on SSRN.
Posted at 08:32 PM by Howard Bashman


"Will a changed Senate change the Supreme Court?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:22 PM by Howard Bashman


"Sen. Michael Bennet says he will vote against confirmation of fellow Coloradan Neil Gorsuch; Long awaited decision comes after Senate invokes nuclear option": The Denver Post has this report.
Posted at 08:17 PM by Howard Bashman


"Without the Filibuster, Justices Can Be Great Again": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:46 PM by Howard Bashman


"Federal appeals court affirms halt in Ohio executions": Alan Johnson of The Columbus Dispatch has this report.

Jim Provance of The Toledo Blade reports that "Appeals court upholds injunction against Ohio lethal injection process."

Andrew Welsh-Huggins of The Associated Press reports that "Appeals court rejects Ohio's new lethal injection process."

And Kim Palmer of Reuters reports that "U.S. appeals court upholds stay of Ohio lethal injection process."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 01:24 PM by Howard Bashman



"South Texas Law Prof Becomes Go-To Guy for National Media; Houston Law Professor Josh Blackman is a 'Media Machine'": Angela Morris of Texas Lawyer has this report.
Posted at 01:14 PM by Howard Bashman


"Senate Republicans Deploy 'Nuclear Option' to Clear Path for Neil Gorsuch": Matt Flegenheimer of The New York Times has this report.

Ed O'Keefe of The Washington Post reports that "Senate Republicans go nuclear, pave the way for Gorsuch confirmation to Supreme Court."

Lisa Mascaro of The Los Angeles Times reports that "Senate Republicans invoke 'nuclear option' to overcome Democrats' filibuster of Trump's Supreme Court nominee."

Erin Kelly and Richard Wolf of USA Today report that "Republicans invoke 'nuclear option,' clearing way for Gorsuch confirmation."

Alex Swoyer and Stephen Dinan of The Washington Times report that "Senate goes 'nuclear' as GOP changes rules, clears path for Trump Supreme Court pick."

And Mark K. Matthews of The Denver Post reports that "Senate triggers 'nuclear option' over Neil Gorsuch's Supreme Court nomination; Procedural vote, 52-48 along party lines, could forever change the U.S. Senate."

You can view the U.S. Senate's official roll call vote tallies from today via this link.
Posted at 12:50 PM by Howard Bashman



The U.S. Senate has failed to invoke cloture on the debate over whether Tenth Circuit Judge Neil M. Gorsuch should be confirmed as an Associate Justice of the U.S. Supreme Court: A total of 41 "no" votes have now been received according to C-SPAN's live count. U.S. Senator Sheldon Whitehouse (D-RI) cast the decisive 41st "no" vote.

Update: A total of 45 "no" votes were received.
Posted at 11:15 AM by Howard Bashman



"Trump's hidden backchannel to Justice Kennedy: Their kids; As White House pushes to confirm Neil Gorsuch, Trump readies lower court picks as they await the next high court vacancy." Shane Goldmacher of Politico.com has this report.
Posted at 11:02 AM by Howard Bashman


"States Find Other Execution Methods After Difficulties With Lethal Injection": Debbie Elliott had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 10:58 AM by Howard Bashman


"The Gorsuch filibuster is about far more than payback": Columnist E.J. Dionne Jr. has this op-ed in today's edition of The Washington Post.
Posted at 10:52 AM by Howard Bashman


"Justice, Interrupted: The Effect of Gender, Ideology and Seniority at Supreme Court Oral Arguments." Law professor Tonja Jacobi and Dylan Schweers have posted this article on SSRN. And yesterday, they had this related post at "SCOTUSblog."
Posted at 10:46 AM by Howard Bashman


"Want to visit SCOTUS? Gird for battle, bring cash, hydrate at your own risk." Steven Mazie has this guest post at "SCOTUSblog."
Posted at 10:38 AM by Howard Bashman


"Good Riddance to the Filibuster: If the Democrats use the filibuster to protest Neil Gorsuch's nomination, it might be the only constructive purpose the practice has ever served." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 10:35 AM by Howard Bashman


"Supreme Court's Decision About Printer Cartridges Could Have Big Consequences": Noel King had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 10:32 AM by Howard Bashman


"Republicans' 'Nuclear Option' Could Have Lasting Effects On Federal Judiciary": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."

And this morning's broadcast of C-SPAN's "Washington Journal" contained a segment titled "Gorsuch Nomination and 'Nuclear Option.'"

You can view the U.S. Senate's live proceedings on C-SPAN via this link. A cloture vote on the nomination is scheduled for 11 a.m. eastern time today. If cloture does not receive the needed 60 votes, a vote on the so-called "nuclear option" could follow immediately thereafter.
Posted at 10:30 AM by Howard Bashman



In posts of interest at the "Simple Justice" blog: Senior U.S. District Judge Richard G. Kopf (D. Neb.) has a post titled "Kopf: On Making Good And Real People Stupid" in which he addresses the question "What impact does the partisan handling of Judge Neil Gorsuch have on the federal judiciary?"

And David Meyer Lindenberg has a post titled "Cross: Ed Whelan, An EPPC Eye On Judicial Confirmations."
Posted at 08:42 AM by Howard Bashman



"The Next Two Days Could Change The Senate, The Supreme Court, And America; Expect to hear a lot about cloture, filibusters, and Senate history over the next 48 hours; Here's what it all means": Chris Geidner and Emma Loop of BuzzFeed News have this report.

And Andrew Chung of Reuters has a report headlined "'Nuclear option' fallout? More extreme U.S. justices, experts say."
Posted at 08:30 AM by Howard Bashman



Wednesday, April 5, 2017

"Learning to Love the Nuclear Option": Steven Waldman has this essay online at The New York Times.
Posted at 07:42 PM by Howard Bashman


"The shrewdness of Judge Wood's opinion in LGBT workplace bias case": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 05:45 PM by Howard Bashman


"A Judicial Battle Royal At The Seventh Circuit -- And Judge Posner's Favorite Gays Of All Time; SCOTUS shortlisters and other luminaries of the federal judiciary duke it out in a landmark case": David Lat has this post today at "Above the Law."
Posted at 04:48 PM by Howard Bashman


"A Thunderbolt From the 7th Circuit: In a landmark opinion, a bipartisan group of judges found that the Civil Rights Act prohibits anti-gay workplace discrimination." Mark Joseph Stern has this jurisprudence essay online at Slate, along with an essay titled "The 7th Circuit's Landmark Anti-Gay Discrimination Ruling Is Also Great News for Trans Rights."
Posted at 02:53 PM by Howard Bashman


"Attorneys argue over soda tax before Commonwealth Court": Joe Mandak of The Associated Press has this report on a case argued today before a seven-judge en banc panel of the Commonwealth Court of Pennsylvania.
Posted at 01:52 PM by Howard Bashman


"MPAA: Films and TV Shows About Real-Life People Jeopardized by 'Porco' Ruling; Film studios and media groups urge a rehearing after a New York appeals court allowed a convicted murderer to move forward in a lawsuit against Lifetime Entertainment." Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter.
Posted at 01:08 PM by Howard Bashman


"Senator talks all night as Democrats fight Trump court nominee": Lawrence Hurley of Reuters has this report.
Posted at 11:52 AM by Howard Bashman


"Senate Formally Takes Up Gorsuch Nomination, and Braces for Turmoil": Matt Flegenheimer has this article in today's edition of The New York Times. And Charlie Savage has an article headlined "Strategic Debate in Gorsuch Battle: Use Filibuster Now or Later?"

And in today's edition of The Washington Post, Ed O'Keefe and Sean Sullivan have an article headlined "Senate plunges toward historic rules change in Supreme Court standoff."
Posted at 11:45 AM by Howard Bashman



"Gorsuch's Plagiarism Is Worthy of Embarrassment": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 10:44 AM by Howard Bashman


"Judge Posner's 'Judicial Interpretive Updating'": Josh Blackman has this blog post today.
Posted at 10:40 AM by Howard Bashman


"Contentious cases await Trump's U.S. high court nominee Gorsuch": Lawrence Hurley of Reuters has this report.

And Ariane de Vogue of CNN.com reports that "Supreme Court justices await Senate nuclear option."
Posted at 10:37 AM by Howard Bashman



"DHS: Immigration agents may arrest crime victims, witnesses at courthouses." Devlin Barrett has this article in today's edition of The Washington Post.
Posted at 10:30 AM by Howard Bashman


"All-night Democrat talk-a-thon opposes Supreme Court pick": Erica Werner of The Associated Press has this report.
Posted at 10:25 AM by Howard Bashman


"Credit Cards and the Disturbingly Widening Gyre of Free Speech": Law professor Michael C. Dorf has this essay online today at Justia's Verdict.
Posted at 10:18 AM by Howard Bashman


"7th Circuit rules that civil rights laws protect LGBT employees from workplace bias": Holly V. Hays has this front page article in today's edition of The Indianapolis Star.

In today's edition of The New York Times, Matthew Haag and Niraj Chokshi have an article headlined "Civil Rights Act Protects Gay Workers, Court Rules."

In today's edition of The Washington Post, Sandhya Somashekhar has an article headlined "Court: Workplace discrimination against gays is prohibited by federal law."

Richard Wolf of USA Today has an article headlined "Federal appeals court: Civil rights law covers LGBT workplace bias."

In today's edition of The Chicago Tribune, Tony Briscoe has a front page article headlined "Court: Civil Rights Act covers LGBT workplace bias."

In today's edition of The Washington Times, Bradford Richardson has a front page article headlined "Appeals court: 1964 Civil Rights Act protects lesbian, gay employees from workplace bias."

Reuters reports that "U.S. court rules 1964 civil rights law protects LGBT workers from bias."

Michael Tarm of The Associated Press reports that "Gay rights organizations hail court ruling as 'game changer.'"

Josh Gerstein of Politico.com has a report headlined "Appeals court: Existing law bans anti-gay discrimination."

Darran Simon of CNN.com reports that "Lesbian plaintiff in work discrimination suit sticking to fight."

At the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Workplace rights broadened for gays and lesbians."

And in commentary, at the "Take Care" blog, Joshua Matz has a post titled "A Landmark Victory for LGBT Rights (And The Path Ahead)."

My earlier coverage of yesterday's en banc Seventh Circuit ruling can be accessed here.
Posted at 10:14 AM by Howard Bashman



Tuesday, April 4, 2017

"Gorsuch's writings borrow from other authors; The White House rejects any suggestion of impropriety": John Bresnahan and Burgess Everett of Politico.com have this report.
Posted at 11:38 PM by Howard Bashman


"The Supreme Court as Partisan Tool": This editorial will appear in Wednesday's edition of The New York Times.
Posted at 10:55 PM by Howard Bashman


"Gorsuch's bizarre 'frozen trucker' opinion": Eric Posner has this blog post today.
Posted at 10:45 PM by Howard Bashman


"Demystifying Differences Between this SCOTUS Confirmation and Others That Preceded It": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 08:06 PM by Howard Bashman


"LGBT employees protected from workplace discrimination, appeals court rules": Ariane de Vogue of CNN.com has this report.

The Associated Press has a report headlined "Court: Civil Rights Law covers LGBT workplace bias."

And Chris Geidner of BuzzFeed News reports that "Federal Appeals Court Issues Historic Ruling In Favor Of Job Protections For Gay Workers; The court ruled that sexual orientation discrimination is illegal under Title VII of the Civil Rights Act of 1964; Judge Diane Wood called it a 'common-sense reality that it is actually impossible to discriminate on the basis of sexual orientation without discriminating on the basis of sex.'"

You can access today's en banc ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 07:50 PM by Howard Bashman



"Mississippi Religious-Freedom Law Debated in Fifth Circuit": Erik De La Garza of Courthouse News Service has this report.

Dominic Holden of BuzzFeed News has an article headlined "LGBT Rights Are Still Up For Debate Inside This Texas Courtroom; Same-sex couples have the right to marry; Do people and businesses who disagree with them -- or with transgender people's gender identity -- have the right refuse any of them service?"

And in commentary, online at Slate, Mark Joseph Stern has a jurisprudence essay titled "The Nation's Worst Anti-Gay Bill Goes on Trial: A federal court scrutinizes Mississippi's HB 1523, which protects the 'religious freedom' of people discriminating against the LGBTQ community" and an essay titled "Mississippi's Anti-LGBTQ Lawyers Are Gaslighting Their Opponents in Court."

You can access via this link (88.9 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 Fifth Circuit.
Posted at 01:50 PM by Howard Bashman



"Originalism and Level of Generality": Law professor Peter J. Smith has posted this article on SSRN.
Posted at 01:32 PM by Howard Bashman


"Should the Democrats filibuster Gorsuch?" Eric Posner has this blog post today.
Posted at 01:20 PM by Howard Bashman


"How Gorsuch Could Pull the Eight Other Justices Rightward": Justin Wolfers has this post today at "The Upshot" blog of The New York Times.
Posted at 01:18 PM by Howard Bashman


"Pattern of misstated facts found in probe of renowned federal judge's opinions": Emily Hoerner and Rick Tulsky of Injustice Watch have this report.
Posted at 12:58 PM by Howard Bashman


"Cincinnati Law Dean Is Put on Leave After Proposing Ways to Cut Budget": Elizabeth Olson has this article in today's edition of The New York Times.
Posted at 10:42 AM by Howard Bashman


"Democrats' Vow to Filibuster Ensures Bitter Fight Over Gorsuch": Matt Flegenheimer has this front page article in today's edition of The New York Times. Charlie Savage has an article headlined "The Senate Filibuster, Explained." Linda Qiu reports that "In Gorsuch Confirmation Battle, Both Sides Spin and Mislead." And in commentary, columnist David Leonhardt has an op-ed titled "How to End the Politicization of the Courts."

In today's edition of The Washington Post, Ed O'Keefe and Elise Viebeck have a front page article headlined "Democrats secure enough votes to block Gorsuch, setting stage for 'nuclear' option." In commentary, the newspaper contains an editorial titled "The Senate is on the brink of a historic mistake." And columnist Ruth Marcus has an op-ed titled "A (probably futile) plea for sanity in the Senate."

Lisa Mascaro of The Los Angeles Times reports that "Senators work quietly on long-shot bid for compromise as Democrats secure votes to filibuster Gorsuch."

Richard Wolf of USA Today reports that "Supreme Court nominee Neil Gorsuch clears committee as Democrats vow filibuster."

In today's edition of The Wall Street Journal, Byron Tau has a front page article headlined "Democrats Have Votes to Block Neil Gorsuch, Sparking Rule-Change Fight; Forty-one 'no' votes could set up Republican move to end filibuster on Supreme Court nominees."

In today's edition of The Washington Times, Alex Swoyer has a front page article headlined "Senate gears up for historic, bitter battle over Gorsuch."

And in today's edition of The Denver Post, Mark K. Matthews has a front page article headlined "Senate Judiciary committee advances Neil Gorsuch nomination as filibuster threat looms; In break from party, Michael Bennet of Colorado says he won't support filibuster."
Posted at 10:36 AM by Howard Bashman



"9th Circuit puts Trump's travel ban on fast-track review": Maura Dolan of The Los Angeles Times has this report.
Posted at 10:12 AM by Howard Bashman


"Records show deep ties between FBI and Best Buy computer technicians looking for child porn": Tom Jackman has this article in today's edition of The Washington Post.
Posted at 10:07 AM by Howard Bashman


"Supreme Court Denies New Hampshire Bid to Restore Ballot Selfies Ban; Court rejects request by state to review September ruling by a federal appeals court that toppled the ban": Joe Palazzolo has this article in today's edition of The Wall Street Journal.
Posted at 10:02 AM by Howard Bashman


"Supreme Court to Weigh if Firms Can Be Sued in Human Rights Cases": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court to weigh corporations' liability in human rights violations abroad."

And in today's edition of The Wall Street Journal, Brent Kendall has an article headlined "Supreme Court to Consider Corporate Liability in U.S. for Violating International Law; Court to review appeal by a group of litigants from Israel and other nations, alleging Jordan-based Arab Bank provided financial services to terror groups."
Posted at 09:57 AM by Howard Bashman



"Paul Kane on Senate Rules and Supreme Court Justice Confirmation Vote": This video segment appeared on today's broadcast of C-SPAN's "Washington Journal."
Posted at 09:36 AM by Howard Bashman


Monday, April 3, 2017

"Trump's Precedent for Claiming Immunity? Clinton v. Jones." Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 08:23 PM by Howard Bashman


"Underwriters in SCOTUS repose case: No legal, policy reason to extend time to sue." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 05:36 PM by Howard Bashman


"Gorsuch filibuster would be good for Democrats": Professor Julian Zelizer has this essay at CNN.com.
Posted at 05:28 PM by Howard Bashman


"Judge Gorsuch is more dangerous than he appears": Former U.S. District Judge Nancy Gertner has this essay online at The Boston Globe.
Posted at 05:00 PM by Howard Bashman


"Gorsuch May Be Trump's Last 'Well Qualified' Judge": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 03:48 PM by Howard Bashman


"The Strategic Case Against the Democratic Filibuster of Neil Gorsuch": Law professors Daniel Hemel and David Herzig have this post at Medium.
Posted at 03:06 PM by Howard Bashman


"A Supreme Mistake in the Making: By breaking the Democrats' filibuster of Neil Gorsuch, Republicans would hurt the country and themselves." Robert Schlesinger has this essay online at U.S. News & World Report.
Posted at 03:00 PM by Howard Bashman


"When Prosecutors Keep Mum: Did eight men spend decades in prison for someone else's crime? Plus, a history of confirmation hearings." Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 02:54 PM by Howard Bashman


"Senate Dems reach filibuster threshold on Gorsuch setting up 'nuclear option' change": Ashley Killough and Ted Barrett of CNN.com have this report.
Posted at 01:44 PM by Howard Bashman


"Neil Gorsuch got where he is because of a form of affirmative action: Will he remember that if he makes it to the Supreme Court?" Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online at The Washington Post.
Posted at 11:54 AM by Howard Bashman


"Warner's opposition to Trump court nominee gives Democrats 41 'no' votes": Lawrence Hurley and Susan Heavey of Reuters have this report.
Posted at 11:50 AM by Howard Bashman


"Good Behaviour #4: 'The Justin Bieber Standard.'" First Mondays has posted online this new podcast installment today featuring, as always, Ian Samuel and Dan Epps.
Posted at 11:26 AM by Howard Bashman


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

1. Justice Sonia Sotomayor delivered the opinion of the Court in McLane Co. v. EEOC, No. 15-1248. Justice Ruth Bader Ginsburg issued an opinion concurring in part and dissenting in part. You can access the oral argument via this link.

2. And Chief Justice John G. Roberts, Jr. delivered the opinion for a unanimous Court in Dean v. United States, No. 15-9260. You can access the oral argument via this link.
Posted at 10:04 AM by Howard Bashman



"How We Misunderstand Mass Incarceration: A new book argues that, in the effort to fix the prison epidemic, we are addressing the wrong things and missing the true problem." In the April 10, 2017 issue of The New Yorker, Adam Gopnik has this "Books" essay about law professor John F. Pfaff's new book, "Locked In: The True Causes of Mass Incarceration and How to Achieve Real Reform."
Posted at 09:57 AM by Howard Bashman


Today's Executive Business Meeting of the Senate Judiciary Committee is scheduled to begin at 10 a.m. eastern time: During that meeting, the Committee is expected to vote along party lines to recommend the confirmation of Neil M. Gorsuch to be an Associate Justice of the Supreme Court of the United States to the full U.S. Senate.

C-SPAN2 will provide live coverage beginning at 9:55 a.m., and you should be able to view the proceedings online via this link. In addition, the Senate Judiciary Committee's web site will provide live coverage via this link.

Today's broadcast of C-SPAN's "Washington Journal" contained a segment titled "Seung Min Kim on Senate Judiciary Committe Vote on Supreme Court Nomination."

And from NPR, today's broadcast of "Morning Edition" contained audio segments titled "Sen. John Thune Says He's Confident Gorsuch Will Win Confirmation"; "Politics This Week: Neil Gorsuch's Supreme Court Nomination": and "Senate Committee To Vote On Trump's Supreme Court Nominee."

Yesterday evening's broadcast of "All Things Considered" contained an audio segment titled "Words You'll Hear: 'Nuclear Option.'"

And yesterday's broadcast of "Weekend Edition Sunday" contained an audio segment titled "Sen. Chris Murphy On The Democrats' Gorsuch Opposition Plans."
Posted at 09:48 AM by Howard Bashman



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

In early news coverage, The Associated Press reports that "Justices take up appeal in terror financing case" and "Supreme Court rejects NH bid to revive ballot selfies ban."

Andrew Chung of Reuters reports that "U.S. top court to weigh Jordan-based bank's liability for militant attacks."

And Greg Stohr of Bloomberg News reports that "Ballot Selfies Allowed as U.S. Supreme Court Rebuffs New Hampshire."
Posted at 09:33 AM by Howard Bashman



Sunday, April 2, 2017

"Court won't revive suit over Confederate-themed state flag": Emily Wagster Pettus of The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued on Friday.
Posted at 10:48 PM by Howard Bashman


"Democrats close in on 41 votes to block Gorsuch; Mitch McConnell reiterates that he's prepared to kill the filibuster to get the high court nominee confirmed": Seung Min Kim of Politico.com has this report.
Posted at 10:42 PM by Howard Bashman


"The Good Old Days of Supreme Court Nominations? They Don't Exist." David W. Dunlap had this article in Friday's edition of The New York Times.
Posted at 10:12 PM by Howard Bashman


"Trying to speed up executions could deal 'mortal blow' to California Supreme Court": Maura Dolan of The Los Angeles Times has this report.
Posted at 08:34 PM by Howard Bashman


"Gorsuch is headed for Supreme Court confirmation this week, but only after a partisan battle, Senate leaders say": David G. Savage of The Los Angeles Times has this report.

Ed O'Keefe of The Washington Post reports that "Home stretch for Trump's Supreme Court nominee could forever alter the Senate."

Richard Wolf of USA Today reports that "Senate panel to vote on Supreme Court nominee Neil Gorsuch."

And Kristina Peterson of The Wall Street Journal reports that "Vote on Supreme Court Nominee Neil Gorsuch to Test Red-State Democratic Senators; Senate committee expected to vote on Trump's pick largely along party lines."
Posted at 08:00 PM by Howard Bashman



"Sen. Donnelly endorses Gorsuch for Supreme Court": Kara Berg of The Indianapolis Star has an article that begins, "U.S. Senator Joe Donnelly (D-Ind.) announced his support for Donald Trump's nomination of Judge Neil Gorsuch for Supreme Court justice."

And Ryan Nobles of CNN.com reports that "Third Senate Democrat announces support for Gorsuch."
Posted at 03:04 PM by Howard Bashman



"The Government Gorsuch Wants to Undo": In the Sunday Review section of today's edition of The New York Times, Emily Bazelon and law professor Eric Posner have this news analysis.
Posted at 10:55 AM by Howard Bashman


"The Constitution doesn't mean what you think it means": Online today at The Boston Globe, law professor Mary Sarah Bilder has an essay that begins, "In Neil Gorsuch's recent confirmation hearings, the Supreme Court nominee's past legal work and judicial opinions weren't the only subjects under discussion."
Posted at 10:50 AM by Howard Bashman


"Sen. Schumer Says It's Unlikely Gorsuch Will Reach 60 Votes": Kailani Koenig of the NBC News program "Meet the Press" has this report.
Posted at 10:26 AM by Howard Bashman


"Political fights over Supreme Court seats nothing new": Mark Sherman of The Associated Press has this report.

Erica Werner and Mary Clare Jalonick of The Associated Press have a report headlined "Senate heads for Supreme Court showdown."

And Chad Pergram of FoxNews.com has a report headlined "Senate showdown, will GOP use 'nuclear option,' to confirm Gorsuch?"
Posted at 10:22 AM by Howard Bashman



"Justice Sotomayor at Princeton stays away from Gorsuch nomination": The Associated Press has this report.
Posted at 10:15 AM by Howard Bashman


Saturday, April 1, 2017

"Liberals taste victory no matter Gorsuch outcome; Activists demanded a filibuster and it looks like they'll get one": Elana Schor of Politico.com has this report.
Posted at 05:11 PM by Howard Bashman


"Supreme Court nominee Neil Gorsuch picks and chooses past precedents": Richard Wolf of USA Today has this report.
Posted at 05:02 PM by Howard Bashman


"Wider Political Battles Play Out in Fight Over Supreme Court Pick Neil Gorsuch; Confirmation struggle is less about judge's qualifications than the bitterness of the country's divided politics": Jess Bravin has this article in today's edition of The Wall Street Journal.

And Ashley Killough of CNN.com has a report headlined "Why everyone is waiting to hear from these Democrats on Neil Gorsuch."
Posted at 04:56 PM by Howard Bashman



"Top U.S. officials defend courthouse arrests of undocumented immigrants in escalating feud with California justice": In today's edition of The Washington Post, Matt Zapotosky has an article that begins, "Attorney General Jeff Sessions and Homeland Security Secretary John F. Kelly fired back at California's chief justice for criticizing the use of courthouses to arrest undocumented immigrants, writing in a letter released Friday that the practice was only necessary because the state was so uncooperative on immigration enforcement matters."
Posted at 01:25 PM by Howard Bashman


"William T. Coleman Jr., Who Broke Racial Barriers in Court and Cabinet, Dies at 96": This obituary, written by Dennis Hevesi, appears in today's edition of The New York Times.
Posted at 01:22 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: Judge Neil Gorsuch, D.C. Circuit Judge." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 01:18 PM by Howard Bashman


"White House Ends Bar Association's Role in Vetting Judges": Adam Liptak has this article in today's edition of The New York Times.
Posted at 01:14 PM by Howard Bashman






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