How Appealing

Wednesday, May 31, 2017

"Will the Death Penalty Ever Die?" Senior U.S. District Judge Jed S. Rakoff (S.D.N.Y.) has this review of the book "Courting Death: The Supreme Court and Capital Punishment" by law professors Carol S. Steiker and Jordan M. Steiker in the June 8, 2017 issue of The New York Review of Books.
Posted at 11:58 PM by Howard Bashman


"Supreme Court Roundup: Justices Rule on Excessive Force and in Immigration Case." 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 halts award against 2 Los Angeles County officers who shot couple."

David G. Savage of The Los Angeles Times reports that "U.S. Supreme Court makes it harder to sue police for barging into homes."

Jess Bravin of The Wall Street Journal reports that "High Court Overturns Deportation in Statutory Rape Case; Supreme Court rules consensual sex between 21-year-old permanent resident and his 16-year-old girlfriend isn't grounds for removal."

And Lawrence Hurley of Reuters reports that "U.S. top court sides with police over shooting of homeless couple."
Posted at 11:48 PM by Howard Bashman



"High court to review Ohio's method for removing voters from registration rolls": Robert Barnes has this article in today's edition of The Washington Post.

Richard Wolf of USA Today reports that "Supreme Court to hear case on Ohio voter purges."

In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Supreme Court to Review Ohio's Scaled-Back Voter Rolls; Lower court found state's procedure was too sweeping."

Stephen Dinan of The Washington Times reports that "Supreme Court to rule on states' ability to clean up voter lists."

Jessica Wehrman and Jack Torry of The Dayton Daily News report that "U.S. Supreme Court to hear Ohio case on canceled voter registrations."

Sabrina Eaton of The Cleveland Plain Dealer reports that "U.S. Supreme Court will hear Ohio voter purging case."

Doug Livingston of The Akron Beacon Journal reports that "U.S. Supreme Court to consider constitutionality of purging voters in Ohio."

Sam Hananel of The Associated Press reports that "Justices will hear Ohio appeal over purging voter rolls."

Andrew Chung of Reuters reports that "U.S. Supreme Court to hear Ohio's bid to revive voter purge policy."

Ariane de Vogue of CNN.com reports that "Supreme Court will consider Ohio voter purge case."

Matt Ford of The Atlantic has a report headlined "Use It or Lose It? The U.S. Supreme Court will review an Ohio procedure that removes voters from the rolls if they haven't cast a ballot in six years and fail to return a postcard."

Sam Levine of HuffPost reports that "Supreme Court To Weigh In On Tactic For Kicking People Off Voter Rolls; Ohio officials are illegally targeting people for not voting, plaintiffs say."

And at the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Can states adopt 'use-it-or-lose-it' limits on voting rights?"
Posted at 11:35 PM by Howard Bashman



"Court Files Raise Question: Was Dylann Roof Competent to Defend Himself?" Kevin Sack of The New York Times has this report.
Posted at 09:25 PM by Howard Bashman


"The Supreme Court rises above politics": This editorial appears in today's edition of The Washington Post.
Posted at 03:30 PM by Howard Bashman


"Trump's Travel Ban Is Headed for a Supreme Court Showdown: Will the justices, many of whom worked in the executive branch, hold the president's words against him?" Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 03:25 PM by Howard Bashman


"Bad hombres, good hombres: The Supreme Court protects a Mexican immigrant from deportation; But another court upholds the deportation of a long-time resident -- and denounces the administration's immigration policies." Steven Mazie has this post today at the "Democracy in America" blog of The Economist.
Posted at 03:20 PM by Howard Bashman


"Judge tosses Chamber's wage equity lawsuit": Tricia L. Nadolny of The Philadelphia Inquirer has an article that begins, "The lawsuit aiming to strike down Philadelphia's new wage equity law has been tossed out by a federal judge because the group that filed it, the Chamber of Commerce for Greater Philadelphia, did not identify a single business the law would harm."

My coverage of this matter began on January 10, 2017 in a post titled "Miguel Estrada warns City of Philadelphia that his hourly rate is very expensive."
Posted at 03:14 PM by Howard Bashman



"Leaked regulation: Trump plans to roll back Obamacare birth control mandate; The administration is mulling broad exemptions from the health law requirement." Dylan Scott and Sarah Kliff of Vox.com have this report.
Posted at 02:24 PM by Howard Bashman


"Wye fellow Discussions with Justice Ruth Bader Ginsburg": The Aspen Institute has posted this video on YouTube.

My post from earlier today linking to news coverage of this event can be accessed here.
Posted at 02:16 PM by Howard Bashman



"Feds Say Supreme Court Is 'Likely' To Hear A Case They Haven't Even Asked The Justices To Hear": Chris Geidner of BuzzFeed News has this report.
Posted at 02:14 PM by Howard Bashman


"High court gaffe nets Boston attorney apology": Kimberly Atkins of The Boston Herald has an article that begins, "If you live in New England and have an Irish name, chances are someone else has it, too. And even the nation's highest court can make a mistake."
Posted at 12:20 PM by Howard Bashman


15 years of "How Appealing" -- reader mail: Today's email is from attorney Kenneth Weatherwax, a longtime reader of this blog:
How Appealing stands, in my view, at the fulcrum of appellate law.

I began reading How Appealing in 2002, while clerking for Circuit Judge Robert Beezer of the U.S. Court of Appeals for the Ninth Circuit. The blog was new then, but it was already, in my view, indispensable for any attorney who wishes to keep up with what is happening in law across the country.

Most good blogs on the Internet are chatty and exist mainly to set forth the interesting viewpoints of the blogger. Most good news aggregators on the Internet are automatic or only lightly edited. Howard's blog stands at the intersection of the two. It provides an immense amount of information, and it reflects Howard's interesting take on the law, and yet it is short, to the point, and easily used, and it has been extraordinarily consistent from its founding and over an extraordinary period of time.

That is not easy. I am convinced it is very, very difficult. As far as I know only three people on the Internet have succeeded at doing it: Glenn Reynolds, Matt Drudge, and Howard Bashman. I look forward to the fourth and fifth people to do it, but until then and afterward, I will continue to enjoy Howard's collecting of the best legal reporting that the Internet has available'

The fact that Howard is also someone who has risen to and stayed at the pinnacle of his profession - i.e., his day job - just makes what he does all the more impressive. J.R.R. Tolkien is a good comparison. When you think about it, Tolkien was not only a successful author of supposedly unimportant, ephemeral books, which of course, turned out to be enduring classics, but he was also at the same time a full professor at Oxford and one of the best, and most respected, linguists in the world. Howard may never have been the victim of that particular comparison before, but I think it is apt.

Happy 15th, Howard.

Kenneth, thanks so very much for that truly delightful email. It has been a pleasure having you as a reader of "How Appealing" since this blog's earliest days. And let me thank each and every reader who took the time to send along an email commemorating this blog's 15th birthday. I have read and am thankful for every last one of those. As I have said many times before, having such wonderful readers makes this effort worthwhile.
Posted at 12:09 PM by Howard Bashman


"They dismissed her as a lightweight. But California's top judge has found her voice -- and uses it to call out Trump policies." Maura Dolan of The Los Angeles Times has this report.
Posted at 11:58 AM by Howard Bashman


"Should the President's Words Matter in Court?" Law professor Kate Shaw has this op-ed in today's edition of The New York Times.
Posted at 11:18 AM by Howard Bashman


"Justice Ginsburg talks about career": Doug Bishop recently had this article in The Star Democrat of Easton, Maryland.
Posted at 10:58 AM by Howard Bashman


"Silk Road's Ulbricht loses bid to void conviction, life sentence": Jonathan Stempel of Reuters has this early report on a 139-page ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 10:54 AM by Howard Bashman


"Infrequently Asked Questions": Law professor Edward T. Swaine has posted this article on SSRN. The article's syllabus begins, "If appellate advocates could hear from courts about topics that might be raised during oral argument -- as opposed to relying solely on their ability to anticipate the issues -- might their answers be better?"

As I noted in this post from yesterday, the article appears in the Fall 2016 issue of The Journal of Appellate Practice and Process.
Posted at 10:26 AM by Howard Bashman



"'Even the good hombres are not safe': Federal judge slams Trump deportations." Maura Dolan of The Los Angeles Times has this report.

Sudhin Thanawala of The Associated Press has a report headlined "Judge: Trump deportation order for man in Hawaii 'inhumane.'"

Catherine E. Shoichet of CNN.com has a report headlined "Judge on Trump deportation policies: 'Even the good hombres are not safe.'"

And Adolfo Flores of BuzzFeed News reports that "Judge Slams Trump Administration Over Deportation Calling It 'Inhumane'; 'Three United States-citizen children will now have to choose between their father and their country,' the judge wrote in a blistering opinion Tuesday."

You can access the concurring opinion that Ninth Circuit Judge Stephen Reinhardt issued yesterday at this link.
Posted at 08:40 AM by Howard Bashman



Tuesday, May 30, 2017

"'Pink slime' defamation trial set to start in South Dakota": James Nord of The Associated Press has this report.

And in local coverage, Nick Hytrek of The Sioux City (Iowa) Journal reports that "BPI defamation case vs. ABC set for trial."
Posted at 10:48 PM by Howard Bashman



"Appeals court sides with transgender student in Wis. school bathroom case": Emma Brown of The Washington Post has this report.

Joe Palazzolo of The Wall Street Journal reports that "Appeals Court Sides With Transgender High School Student in Wisconsin; Appeals court ruled unanimously in favor of 17-year-old Ash Whitaker in Kenosha bathroom case."

Cara Lombardo of The Associated Press reports that "Transgender student wins appeal in final week of school."

Jonathan Allen of Reuters reports that "U.S. appeals court sides with transgender student in bathroom case."

Chris Geidner of BuzzFeed News reports that "Federal Appeals Court Rules In Favor Of Transgender Student; A big ruling in the fight for transgender rights -- over Ash Whitaker's 'simple request: to use the boys' restroom while at school.'"

And Cristian Farias of HuffPost reports that "Transgender Teen Wins Landmark Ruling Over Right To Use Boys Bathroom; An appeals court ruled that both the Constitution and federal law protect trans students from discrimination."

You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 10:30 PM by Howard Bashman



"Court of Appeals hears arguments on physician-assisted suicide": Yancey Roy of Newsday has this report.

Tom Precious of The Buffalo News reports that "NY's high court hears arguments in closely watched assisted suicide case."

David Klepper of The Associated Press reports that "New York's high court hears physician-assisted suicide case."

And Matthew Hamilton of The Times Union of Albany, New York previewed today's oral argument in the Court of Appeals of New York -- that state's highest court -- in an article headlined "N.Y.'s highest court to hear 'aid in dying' appeal."
Posted at 10:08 PM by Howard Bashman



"Supreme Court rules statutory rape does not automatically trigger deportation": Alex Swoyer of The Washington Times has this report.

And Kate Irby of McClatchyDC has an article headlined "He had sex with his 16-year-old girlfriend and was almost deported. Now he can stay."
Posted at 09:21 PM by Howard Bashman



"How Trump Gave the Supreme Court a Second Chance on Japanese Internment: The president's travel ban gives Anthony Kennedy an opening to right a historical wrong." Law professor Richard Primus has this essay online at Politico Magazine.
Posted at 08:37 PM by Howard Bashman


He was a victim of circumstances: Mark Sherman of The Associated Press reports that "Supreme Court suspends wrong lawyer over 'mistaken identity.'" According to the article, this does not mark the first time the U.S. Supreme Court has initiated attorney disciplinary proceedings against the wrong person.
Posted at 08:20 PM by Howard Bashman


"Esquivel-Quintana and Chevron Avoidance": Asher Steinberg has this post at his blog, "The Narrowest Grounds."
Posted at 08:10 PM by Howard Bashman


In today's mail: I received a copy (more accurately, I received two identical copies) of the Fall 2016 issue of The Journal of Appellate Practice and Process.

The issue includes, among other things, an essay from Senior First Circuit Judge Kermit V. Lipez based on his remarks in this 2016 Constitution Day Lecture.

And law professor Edward T. Swaine has an interesting article titled "Infrequently Asked Questions" about what judges might do to help improve the usefulness of oral argument on appeal.
Posted at 01:57 PM by Howard Bashman



15 years of "How Appealing" -- reader mail: Today's email is from attorney Elaine Mittleman:
You must realize how much your blog is used and appreciated based on the many emails you have received congratulating you on the 15th anniversary of the blog.

I rely on your blog for a thorough and efficient source of information and articles about important legal issues and decisions. One aspect of the blog I particularly appreciate is that I can be sure that your blog is not pushing an agenda or perspective, but is designed to inform and present a variety of perspectives. The scope of its coverage is remarkable.

An unmatched achievement is the 20 Questions series. I think that this series has provided a unique and irreplaceable perspective about important judges. The 20 Questions with Judge Richard S. Arnold includes such a meaningful discussion. I relied on the 20 Questions when I wrote about Judge Arnold.

Thank you for your continued energy and dedication in writing How Appealing.

Elaine, thanks so very much for your wonderful email and for being a faithful reader of the blog for so many years. Because tomorrow will be the last day of May -- the month in which this blog celebrates its birthday -- I will be posting the final reader email in this blog's 15th birthday commemoration series tomorrow.
Posted at 01:48 PM by Howard Bashman


"The Next Ginsburg and Scalia? Supreme Court Justices Elena Kagan and Samuel Alito look like they're becoming the best of frenemies." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 10:52 AM by Howard Bashman


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

1. Justice Samuel A. Alito, Jr. delivered the opinion for a unanimous Court in County of Los Angeles v. Mendez, No. 16-369. You can access the oral argument via this link.

2. Justice Ruth Bader Ginsburg delivered the opinion of the Court in BNSF R. Co. v. Tyrrell, No. 16-405. Justice Sonia Sotomayor issued an opinion concurring in part and dissenting in part. This is the first merits opinion in which Justice Neil M. Gorsuch participated. You can access the oral argument via this link.

3. Justice Clarence Thomas delivered the opinion for a unanimous Court in Esquivel-Quintana v. Sessions, No. 16-54. You can access the oral argument via this link.

4. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Impressions Products, Inc. v. Lexmark Int'l, Inc., No. 15-1189. Justice Ginsburg issued an opinion concurring in part and dissenting in part. You can access the oral argument via this link.
Posted at 10:05 AM by Howard Bashman



"Recalibrating Judicial Renominations in the Trump Administration": Law professor Carl Tobias has this article at the Washington and Lee Law Review Online.
Posted at 09:54 AM by Howard Bashman


"It Matters How and When SCOTUS Reviews the Muslim Ban": Joshua Matz has this post at the "Take Care" blog.
Posted at 09:50 AM by Howard Bashman


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

The final entry on today's Order List pertained to the subject of Attorney Discipline:

Due to mistaken identity, the order suspending Christopher Patrick Sullivan of Boston, Massachusetts from the practice of law in this Court, dated May 15, 2017, is vacated and the Rule to Show Cause issued on that date is discharged.
It was a case of mistaken identity!

In early news coverage, Greg Stohr of Bloomberg News reports that "Voter-Purge Effort by Ohio Gets U.S. Supreme Court Review" and "Tilton Rejected by U.S. Supreme Court on SEC Fraud Complaint."
Posted at 09:33 AM by Howard Bashman



Monday, May 29, 2017

15 years of "How Appealing" -- reader mail: Today's email is from an attorney who asked that I not identify him by name:
I wanted you to know that I have been a loyal reader from the beginning. I practice in a rather niche area and don't see many appeals, but I almost always find something useful or at least interesting in the cases you cover. I also appreciate the gentle humor in your posts.

Keep on trucking, brakes unfrozen.

Thanks for that very kind email and for the frozen trucker reference it contains. I will post another reader email tomorrow. This feature will conclude with a final reader email -- one of my favorites -- on Wednesday, the last day of the month in which this blog celebrates its birthday.
Posted at 10:33 PM by Howard Bashman


"White House Acts to Roll Back Birth-Control Mandate for Religious Employers": Robert Pear of The New York Times has this report.
Posted at 08:42 PM by Howard Bashman


"Redskins trademark, secular activities at churches cases among anticipated Supreme Court decisions": Alex Swoyer of The Washington Times has this report.
Posted at 08:35 PM by Howard Bashman


"Travel ban to test Supreme Court view of presidential power": Mark Sherman of The Associated Press has this report.
Posted at 01:22 PM by Howard Bashman


"Supreme Court's next step on gerrymandering could be its biggest yet": Ariane de Vogue of CNN.com has this report.
Posted at 01:20 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: En Banc Oral Argument (Part I)." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 12:47 PM by Howard Bashman


"A Constitutional Puzzle: Can the President Be Indicted?" Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 09:12 AM by Howard Bashman


"OT2016 #22: 'Golden Phoenix.'" You can access this week's new episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 09:06 AM by Howard Bashman


Sunday, May 28, 2017

"Clarence Thomas Is Colorblind: The most conservative justice casts a decisive vote to strike down race-based voting lines." Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 10:18 PM by Howard Bashman


"Watchdog's Future Is More Fraught Under Trump: Courts will be unable to avoid today's politics in deciding whether the president can fire the head of an independent agency." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 10:16 PM by Howard Bashman


15 years of "How Appealing" -- reader mail: Today's email is from a reader who asked to be identified as Prasad D.:
Congrats on the completion of 15 years of your blog!

I got hooked on to your blog (along with SCOTUSBlog) sometime in March 2012 just when the Supreme Court was hearing challenges to the ACA.

I am from India and moved to the United States in the fall of 2010 to pursue my graduate education. I was attending graduate school at the University of Cincinnati back in 2012. My major is Electrical and Computer Engineering with absolutely zero relation to the legal profession.

On a cold spring morning in 2012, I glanced across a news article that stated President Obama's signature legislative achievement is in jeopardy, with its fate resting in the hands of nine people in black robes. I was quite shocked by the media spotlight on the case and this led me to explore and read about U.S. Constitution and history.

Thanks to all blogs, including yours, for sparking my interest in exploring the "arcane and byzantine hallways of the American judicial branch." I am now comfortable navigating legal jargon and regularly listen to argument audio and read judgments/opinions of SCOTUS and the U.S. Circuit Courts of Appeals. I have also given a speech on the U.S. Supreme Court in the local toastmasters club at my workplace.

I actively followed the same-sex marriage battle that started in June 2013 with the Justice Kennedy's opinion in U.S. vs. Windsor and finally culminating in Obergefell vs. Hodges in June 2015. It was exciting and thrilling when cases on the the same subject matter where heard in the 4th, 10th, 7th, 9th and 6th Circuits. I was disappointed when Judge Jeff Sutton, perceived as a swing vote, ruled against the plaintiffs. However, that circuit-split eventually paved the way for the Supreme Court to step in and settle the issue once and for all.

I would also commend you specifically for bringing the spotlight on the U.S. Circuit Courts of Appeals, as they tend to get overshadowed by SCOTUS. This reminds me of an alleged (but noteworthy) quote by Judge Stephen Reinhardt from the (much maligned these days) 9th Circuit, that demonstrates the importance of the appeals courts -- "They (SCOTUS) can reverse some of our decisions, they can't reverse all of them."

Your blog has been pivotal in introducing readers to excellent judges on the federal appellate courts. To name a few of my favorites, I would specifically call out Judge Alex Kozinski, Judge Marsha Berzon, Judge Stephen Reinhardt (9th Circuit), Judge Sri Srinivasan (D.C .Circuit), Judge Richard Posner and Judge Frank Easterbrook (7th Circuit).

Thanks again for your contributions. I wish you many more years of growth and success running this blog. I wish good luck to you and your blog readers for years to come.

Prasad, thanks so much for taking the time to write this detailed, thoughtful, and very kind email. I will post another reader email tomorrow.
Posted at 10:06 PM by Howard Bashman


"Bangladesh Orders Statue of Woman at Supreme Court Put Back Up": Julfikar Ali Manik of The New York Times has this report.
Posted at 09:40 PM by Howard Bashman


"The Town That Trolls Built: The Supreme Court ruled that patent holders can no longer choose where to file infringement suits; That's bad news for Marshall, Texas." Joe Nocera has this essay online at Bloomberg View.
Posted at 09:32 PM by Howard Bashman


"Court says essentially that Trump is not to be believed. Will Supreme Court conclude the same?" Robert Barnes of The Washington Post has this report.
Posted at 09:02 PM by Howard Bashman


"Russia scandal ices government lawyer hiring; Trump has top DOJ positions as well as U.S. attorney posts and judicial vacancies to fill, but as scandals have spread, the candidate pool has shrunk": Josh Gerstein of Politico.com has this report.
Posted at 08:20 PM by Howard Bashman


Saturday, May 27, 2017

"Trump's Travel Ban 'Drips with Intolerance' on Its Way to the Supreme Court": Amy Davidson has this post online at The New Yorker.
Posted at 10:15 PM by Howard Bashman


"Ex-Massey Energy CEO asks Supreme Court to his overturn his conviction": The Associated Press has this report.
Posted at 10:10 PM by Howard Bashman


15 years of "How Appealing" -- reader mail: Today's email is from attorney Jerry Schrotenboer:
For over a decade now, I read you blog every work morning. It is so helpful that my having read one of the articles that you wrote on an issue (thus giving me a head start in my analysis) may have meant the difference between my winning a case at the Michigan Supreme Court 4-3 rather than losing it 4-3. I really appreciate your blog.
Jerry, thanks so much for your very kind email, which confirms that this blog is equally capable of helping prosecutors and criminal defense attorneys on appeal. I will post another reader email tomorrow.
Posted at 10:04 PM by Howard Bashman


"Statue of Woman Removed From Bangladesh's Supreme Court": Julfikar Ali Manik and Ellen Barry of The New York Times have this report.

And in more recent coverage, Dhaka Tribune reports that "Lady Justice statue re-erected on Supreme Court premises."
Posted at 09:52 PM by Howard Bashman



"Rebuked Twice by Supreme Court, North Carolina Republicans Are Unabashed": Michael Wines will have this article in Sunday's edition of The New York Times.
Posted at 09:42 PM by Howard Bashman


"U.S. Supreme Court ruling could be economic boon for Delaware": Jeff Mordock of The News Journal of Wilmington, Delaware has an article that begins, "Hundreds of patent lawsuits intended for other jurisdictions will now be filed in Delaware because of a recent U.S. Supreme Court decision."
Posted at 09:38 PM by Howard Bashman


Friday, May 26, 2017

"Trump nominee called Kennedy 'judicial prostitute'": Seung Min Kim of Politico.com has an article that begins, "One of President Donald Trump's judicial nominees wrote nearly a decade ago that Justice Anthony Kennedy was akin to a 'judicial prostitute' -- a comment that one liberal advocacy group says should disqualify him for the courts."
Posted at 10:30 PM by Howard Bashman


"Will He or Won't He? How Justice Anthony Kennedy's retirement decision became a battle over the judiciary and the Trump presidency." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:24 PM by Howard Bashman


15 years of "How Appealing" -- reader mail: Today's email is from Peg Durkin, a former Philadelphia attorney who is the head of public services at the UC Davis Mabie Law Library:
Congratulations on 15 years!

I moved to California 25 years ago and I was pleasantly surprised when I discovered your blog. In it, I found a good source of legal information, a link to all things Philly (Phillies and Eagles), and good reporting on the travails of Pennsylvania politics and the judiciary. I also enjoy the "bash" references. Keep up the good work.

Ms. Durkin, thanks so very much for your wonderful email. The 15 years of this blog's history evidence a great deal of mutual admiration between me and law librarians, as reflected (among other places) in post you can access here, here, here, here, and here. I will post another reader email tomorrow.
Posted at 08:50 PM by Howard Bashman


"Federal judge tosses life sentences for convicted sniper Lee Boyd Malvo": Tom Jackman of The Washington Post has this report.
Posted at 05:48 PM by Howard Bashman


"Supreme Court Justice Stephen Breyer speaks at the Cambridge Public Library": Cambridge Community Television has posted this video on vimeo.
Posted at 03:16 PM by Howard Bashman


"Trump travel ban fight heads toward Supreme Court showdown": Lawrence Hurley of Reuters has this report.
Posted at 03:09 PM by Howard Bashman


"2nd Circ. Grants En Banc Rehearing On Gay Bias Precedent": Braden Campbell of Law360.com has an article (subscription required for full access) that begins, "The Second Circuit will reconsider as a full body its precedent that Title VII does not cover sexual orientation discrimination, granting en banc review Thursday to the estate of a gay skydiving instructor whose bias suit the court declined to revive in April."
Posted at 01:25 PM by Howard Bashman


Thursday, May 25, 2017

"Alabama prisoner faces eighth execution date amid death penalty debate": Richard Wolf of USA Today has this report.
Posted at 11:17 PM by Howard Bashman


"Supreme Court forced to confront the 'unsavory' politics of district lines": Richard Wolf of USA Today has this report.
Posted at 11:04 PM by Howard Bashman


"The Year of the Patent": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 11:02 PM by Howard Bashman


"Alternative Evidence: A dialogue on how the law will handle a world of alternative facts." Slate has this jurisprudence essay, consisting of a conversation between Seventh Circuit Judge Richard A. Posner and Senior U.S. District Judge Jed S. Rakoff (S.D.N.Y.), moderated by Joel Cohen.
Posted at 09:03 PM by Howard Bashman


15 years of "How Appealing" -- reader mail: Today's email is from an attorney who asked me to omit his name:
Congratulations on the 15-year milestone!

I have been reading this blog since its inception when I was an undergraduate at NYU. I had been reading cases since high school as I just loved (and love) the law. Your blog is the greatest resource for keeping current on the state of the law, which I believe is absolutely necessary to have a successful practice. I have been litigating appeals for 10 years now and I find your insights always interesting and refreshing. Most notably, I think, your blog provides a great resource for CTA cases that eventually become SCOTUS cases. Following the percolation of issues in the circuits is something that is invaluable, and without your blog it would be impossible to track things like that.

So thank you for being a wonderful resource and eminently readable.

And thanks to you for that very kind email! I will post another reader email tomorrow.
Posted at 08:57 PM by Howard Bashman


"Trump lawyers ask Supreme Court to reject 2nd Amendment claim by men who lost gun rights over nonviolent crimes": David G. Savage of The Los Angeles Times has this report.
Posted at 08:45 PM by Howard Bashman


"Appeals Court Will Not Reinstate Trump's Revised Travel Ban": Adam Liptak of The New York Times has this report.

Ann E. Marimow and Robert Barnes of The Washington Post report that "Federal appeals court maintains freeze of Trump's travel ban. Attorney general vows Supreme Court appeal."

David G. Savage of The Los Angeles Times reports that "Trump is dealt another defeat on travel ban as U.S. appeals court in Virginia blocks enforcement."

Brent Kendall of The Wall Street Journal reports that "Appeals Court Rules Against Trump's Revised Travel Ban; Administration says it will appeal to Supreme Court."

Alan Gomez and Richard Wolf of USA Today report that "Appeals court rules against President Trump's revised travel ban."

Andrea Noble and Stephen Dinan of The Washington Times report that "Appeals court upholds block on Trump's extreme vetting policy; Jeff Sessions vows appeal to Supreme Court."

Frank Green of The Richmond Times-Dispatch reports that "Divided appeals court rules against Trump's revised travel ban."

Erik Larson, Andrew M Harris, and Greg Stohr of Bloomberg News report that "Sessions Says DOJ Will Seek Supreme Court Review of Travel Ban."

Mica Rosenberg and Dan Levine of Reuters report that "In blow to Trump, U.S. appeals court refuses to reinstate travel ban."

Ariane de Vogue of CNN.com has a report headlined "Travel ban case: Here's what the Supreme Court might look at."

Josh Gerstein of Politico.com reports that "Appeals court keeps block on revised Trump travel ban; administration vows SCOTUS appeal; Attorney general vows to take legality of executive order to Supreme Court."

Cristian Farias of HuffPost reports that "Appeals Court Slaps Down Donald Trump's Travel Ban Yet Again; The court said that the president's executive order 'drips with religious intolerance, animus, and discrimination.'"

Zoe Tillman of BuzzFeed News reports that "Federal Appeals Court Upholds The Nationwide Injunction Blocking Trump's Travel Ban."

And in commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled "Court Essentially Says Trump Lied About Travel Ban; The decision by the Fourth Circuit is extraordinary in its rebuke of the president."

You can access today's en banc ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 08:30 PM by Howard Bashman



"Kevin Newsom's Insightful Take on The Slaughter-House Cases": Michael Stokes Paulsen has this post online at National Review's "Bench Memos" blog.
Posted at 07:45 PM by Howard Bashman


"Gov. Kay Ivey appoints Will Sellers, former campaign chair, to Alabama Supreme Court": Brian Lyman of The Montgomery Advertiser has this report.
Posted at 07:40 PM by Howard Bashman


"Senate Republicans likely to change custom that allows Democrats to block judicial choices": Robert Barnes and Ed O'Keefe of The Washington Post have an article that begins, "Senate Republicans are threatening to change a custom that allows Democratic senators to block some judicial choices from their states, in an effort to speed along a conservative transformation of the federal judiciary."
Posted at 07:34 PM by Howard Bashman


"U.S. District Judge Amul Thapar confirmed to federal appeals court seat": Bill Estep of The Lexington (Ky.) Herald-Leader has this report.

Alex Swoyer of The Washington Times reports that "Senate confirms Judge Thapar to 6th U.S. Circuit Court of Appeals."

Seung Min Kim of Politico.com reports that "Senate confirms Trump's conservative pick for 6th Circuit Appeals court."

And Zoe Tillman of BuzzFeed News reports that "The Senate Confirmed Trump's First Lower Court Nominee."
Posted at 07:28 PM by Howard Bashman



"Election Wars at the Supreme Court": Linda Greenhouse has this essay online at The New York Times.
Posted at 07:20 PM by Howard Bashman


Programming note: This morning, I will be attending a meeting out-of-the-office concerning one of the appeals on which I am working. Additional posts will appear here this afternoon. As always while I am traveling, additional appellate-related retweets are likely to appear on this blog's Twitter feed.
Posted at 07:28 AM by Howard Bashman


Wednesday, May 24, 2017

"Trial ordered to determine if Strip performer's rights violated": Cy Ryan of The Las Vegas Sun has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:46 PM by Howard Bashman


"Libertarian Legal Scholars Reject Trump Judicial Nominee's Views on 14th Amendment": Damon Root has this post at Reason.com's "Hit & Run" blog (via "Above the Law").
Posted at 10:08 PM by Howard Bashman


"Prosecutor not ruling out charges for ex-in-laws in Markel case": Karl Etters of The Tallahassee Democrat has an article that begins, "A year ago today, one of Tallahassee's most enthralling whodunits took an explosive turn when Sigfredo Garcia was arrested at a Miami-area gas station."
Posted at 10:00 PM by Howard Bashman


"Court Considers Whether Trump Can Fire Consumer Regulator; Federal appeals court appears hesitant to rule CFPB's structure is unconstitutional": Yuka Hayashi and Brent Kendall of The Wall Street Journal have this report.

Sarah N. Lynch of Reuters reports that "U.S. regulator may have edge in court arguments on its structure."

And Zoe Tillman of BuzzFeed News reports that "A Fight Over Presidential Power Is Working Its Way Towards The US Supreme Court."
Posted at 09:42 PM by Howard Bashman



15 years of "How Appealing" -- reader mail: Today's email is from Mark Kernes, senior editor for Adult Video News:
How Appealing is one of my daily must-reads. It's informative on a wide variety of subjects, and as a legal journalist, often alerts me to court decisions, lawsuits and other political/legal goings-on that I can further research and write about. Thank you SO MUCH for your blog
Mark, thank you for your kind email. It has been a pleasure to link to your work from time to time over the years, especially when I have found it online in a form that is safe-for-work for this blog's readers. I will post another reader email tomorrow.
Posted at 09:23 PM by Howard Bashman


"Solicitor General to Supreme Court: New Jersey sports betting case not worth your while." John Brennan of The Record of Hackensack, New Jersey has this report.
Posted at 09:05 PM by Howard Bashman


"How Trump plans to remake the lower courts": Law professor Jonathan R. Nash has this essay online at The Hill.
Posted at 09:00 PM by Howard Bashman


"The Supreme Court's Immigration Law Showdown: The justices will face a number of challenges that have tremendous implications for life in the Trump era." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 08:52 PM by Howard Bashman


Programming note: This evening, I will be attending the opening of a new exhibit titled "John Marshall: Patriot, Statesman, Chief Justice" at the National Constitution Center. Additional posts, including today's 15th anniversary reader email, will appear here tonight.
Posted at 03:27 PM by Howard Bashman


"Q&A: How Did We End Up with this Far-Right Supreme Court?" This interview with Laura Kalman, author of the book "The Long Reach of the Sixties: LBJ, Nixon, and the Making of the Contemporary Supreme Court," appears online at The National Book Review.
Posted at 03:24 PM by Howard Bashman


"This court case could have a huge impact on the future of a key consumer watchdog": Jonnelle Marte of The Washington Post has this report.

Yuka Hayashi of The Wall Street Journal has an article headlined "Can Trump Fire Consumer Regulator? Federal appeals court to weigh whether president has authority to oust CFPB director."

Dave Michaels of The Wall Street Journal reports that "Case to Examine Legitimacy of SEC's In-House Courts; Wall Street's top cop set up the tribunals years ago to speed up enforcement actions against firms."

And Sarah N. Lynch of Reuters reports that "U.S. appeals court to hear cases that could weigh on Wall Street policing."

Once the audio of today's two en banc oral arguments of the U.S. Court of Appeals for the D.C. Circuit becomes available online, I will link to it.

Update: You can access the audio of today's en banc D.C. Circuit oral argument in PHH Corp. v. CFPB via this link (44.0 MB mp3 audio file).

And you can access the audio of today's en banc D.C. Circuit oral argument in Raymond J. Lucia Cos. v. SEC via this link (36.5 MB mp3 audio file).
Posted at 09:57 AM by Howard Bashman



Tuesday, May 23, 2017

"Sexual decisions between consenting adults take on a different color when the adults are law enforcement officers." So concludes a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit in an interesting four-page decision issued today. Circuit Judge Edith H. Jones wrote the opinion.
Posted at 11:09 PM by Howard Bashman


"Federal Court Revives Wikimedia's Challenge to N.S.A. Surveillance": Charlie Savage of The New York Times has this report.
Posted at 08:54 PM by Howard Bashman


"Is Anthony Kennedy Ready to Put an End to Partisan Gerrymandering? The Supreme Court's swing voter will decide the future of American elections." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 07:28 PM by Howard Bashman


"Dylann Roof appeals conviction, death sentence in Emanuel AME Church massacre": Andrew Knapp of The Post and Courier of Charleston, South Carolina has this report.

And Meg Kinnard of The Associated Press reports that "Condemned church shooter Roof seeks appellate court mercy."
Posted at 07:24 PM by Howard Bashman



"Reach of Same-Sex Marriage Ruling Comes to Supreme Court": Kimberly S. Robinson of Bloomberg BNA has this report.
Posted at 04:15 PM by Howard Bashman


"Court revives Wikimedia lawsuit against NSA": Rachel Weiner of The Washington Post has this report.

Jonathan Stempel of Reuters has a report headlined "Wikipedia can pursue NSA surveillance lawsuit: U.S. appeals court."

And The Associated Press has a report headlined "Appeals court: NSA surveillance challenge can move forward."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 03:08 PM by Howard Bashman



"Why is the Third Circuit's courthouse named for James Byrne?" Matthew Stiegler has this interesting post at his "CA3blog."
Posted at 02:44 PM by Howard Bashman


"Kevin C. Newsom -- Nominee to the U.S. Court of Appeals for the Eleventh Circuit": Daniel B. Tilley has this post at "The Vetting Room" blog.
Posted at 02:40 PM by Howard Bashman


15 years of "How Appealing" -- reader mail: Today's email is from Dale Schowengerdt, Solicitor General of Montana:
Congratulations on How Appealing's 15th year! I give your blog more traffic than I do any other site, and have come to trust it as the go-to place for appellate news and insight. Thanks for all your hard work. You've done us all a great service.
Dale, thanks so very much for your kind email! Montana is still on my list of places to visit, so I am glad to learn that my blog is enjoyed there. I will post another reader email tomorrow.
Posted at 02:08 PM by Howard Bashman


"Two remarkable starts to oral argument": Matthew Stiegler -- who I had the pleasure of having lunch with today -- recently had this post at his "CA3blog."
Posted at 01:57 PM by Howard Bashman


"Justice Abella uses U.S. speech to take aim at 'narcissistic populism'": Colin Freeze of The Toronto Globe and Mail has this report.

Tonda MacCharles of The Toronto Star reports that "Supreme Court judge Abella worries about state of justice in world; Justice Rosalie Abella delivered a commencement speech after accepting an honorary degree from Brandeis University in Massachusetts that was part-biography, part call to action."

And Abby Patkin of The Justice, the student newspaper of Brandeis University, reports that "Abella tells grads to be attuned to injustices."
Posted at 12:04 PM by Howard Bashman



"The Grove Park Inn: The U.S. Supreme Court's secret Cold War relocation facility in the mountains of North Carolina." Atlas Obscura has this report.
Posted at 12:00 PM by Howard Bashman


The other meaning of "sets aside": Alex Swoyer of The Washington Times reports that "Supreme Court sets aside case of Christian baker, same-sex wedding cake."
Posted at 11:54 AM by Howard Bashman


"Supreme Court Ruling Could Hinder 'Patent Trolls'": Adam Liptak has this article in today's edition of The New York Times.

And Joe Mullin of Ars Technica reports that "Supreme Court makes it much harder for patent trolls to sue in East Texas; Folks got sued in East Texas "'just because they had a website'; Those days may be over."
Posted at 11:53 AM by Howard Bashman



"Supreme Court Upholds Rejection Of North Carolina Congressional Districts": Nina Totenberg had this audio segment on yesterday evening's broadcast of NPR's "All Things Considered."

And on today's broadcast of NPR's "Morning Edition," Totenberg had an audio segment titled "Supreme Court Rejects 2 N.C. Congressional Districts As Unconstitutional."
Posted at 11:44 AM by Howard Bashman



"The deepening appellate divide over when copyright owners can sue": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 09:44 AM by Howard Bashman


Monday, May 22, 2017

"Clarence Thomas Joins Liberals, Shocks World: A strange Supreme Court alliance just struck a blow against racial gerrymandering in the United States." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 11:30 PM by Howard Bashman


"Disagreeing With Rick Hasen on the North Carolina Case": Richard Pildes has this post at the "Election Law Blog."

Also at that blog, Justin Levitt has a post titled "NC redistricting, from someone not named Rick."
Posted at 11:26 PM by Howard Bashman



"The case for renaming Boalt Hall": Charles Reichmann has this essay online at The San Francisco Chronicle.
Posted at 09:24 PM by Howard Bashman


"The Supreme Court may just have given voting rights activists a powerful new tool": Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online at The Washington Post.
Posted at 09:20 PM by Howard Bashman


"Trump Seeks Delay of Ruling on Health Law Subsidies, Prolonging Uncertainty": Robert Pear of The New York Times has this report.

And Paul Demko, Jennifer Haberkorn, and Josh Dawsey of Poltico.com report that "White House seeks 90-day delay in Obamacare subsidy suit."
Posted at 09:16 PM by Howard Bashman



"The First Batch of Decisions Each Term": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 02:57 PM by Howard Bashman


15 years of "How Appealing" -- reader mail: Today's email is from attorney Scott J. Forster:
About 8 years ago, I sent you an email that you published in your site. It said "I got a cert grant because of your website." I saw a case referenced that I used which led to a direct split on a sentencing issue which the Supreme Court took up. My case is Dean v. US 556 U.S. 568. (2009). I was able to argue at SCOTUS because of seeing the case on your website. I cannot thank you enough.
Scott, thank you for taking the time to remind me of that wonderful story. Although "How Appealing" cannot promise to deliver a cert. grant for each and every reader, I'm so glad it worked out for you! I will post another reader email tomorrow.
Posted at 02:05 PM by Howard Bashman


"Justices Reject 2 Gerrymandered North Carolina Districts, Citing Racial Bias": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Supreme Court rules race improperly dominated N.C. redistricting efforts."

David G. Savage of The Los Angeles Times reports that "Supreme Court finds the GOP packed black voters into two North Carolina districts to help win more House seats."

Richard Wolf of USA Today reports that "Supreme Court ruling wipes out Republican-drawn House districts in N.C."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Strikes Down North Carolina Congressional Districts; Court finds districts drawn to disadvantage black voters; Justice Clarence Thomas sides with liberal wing."

Andrea Noble of The Washington Times reports that "Supreme Court rejects North Carolina congressional district maps."

Anne Blythe of The News & Observer of Raleigh, North Carolina reports that "U.S. Supreme Court agrees NC lawmakers created illegal congressional district maps in 2011."

Mark Sherman of The Associated Press reports that "Supreme Court strikes down 2 NC congressional districts."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court tosses Republican-drawn North Carolina voting districts."

Greg Stohr of Bloomberg News reports that "Supreme Court Rejects North Carolina Congressional Districts."

Ariane de Vogue of CNN.com reports that "Supreme Court strikes down North Carolina congressional district maps."

Cristian Farias of HuffPost reports that "Supreme Court Throws Out Two GOP-Drawn Congressional Districts As Unconstitutional; The court concluded that North Carolina Districts 1 and 12 amounted to so-called 'racial gerrymanders.'"

Chris Geidner of BuzzFeed News reports that "Supreme Court Says Race Was Improperly Used In Creating North Carolina Congressional Districts; Justice Clarence Thomas joins the more liberal justices in striking down two district maps."

Scott Bland and Elena Schneider of Politico.com report that "Supreme Court rules North Carolina congressional districts unconstitutional."

And at his "Election Law Blog," Rick Hasen has a post titled "Supreme Court on 5-3 Vote Affirms NC Racial Gerrymandering Case, with Thomas in Majority and Roberts in Dissent."
Posted at 01:36 PM by Howard Bashman



"Supreme Court Limits Where Patent-Infringement Cases Can Be Filed; Decision could limit venue-shopping in patent cases": Brent Kendall of The Wall Street Journal has this report.

Sam Hananel of The Associated Press reports that "Justices make it easier for companies to defend patent cases."

Andrew Chung of Reuters reports that "U.S. top court tightens patent suit rules in blow to 'patent trolls.'"

And Greg Stohr and Susan Decker of Bloomberg News report that "U.S. Supreme Court Puts New Curbs on Locations of Patent Suits."
Posted at 01:24 PM by Howard Bashman



"Gorsuch dissents as Supreme Court upholds ban on big-money gifts to parties": David G. Savage of The Los Angeles Times has this report.

Lawrence Hurley of Reuters reports that "U.S. Supreme Court leaves key campaign finance restriction in place."

And The Associated Press reports that "Court upholds 'soft money' limits; Gorsuch, Thomas disagree."
Posted at 01:03 PM by Howard Bashman



"U.S. Supreme Court declines to hear Free Press mug shot case": Todd Spangler of The Detroit Free Press has this report.

And The Associated Press reports that "Justices won't hear appeal over release of federal mug shots."
Posted at 01:00 PM by Howard Bashman



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

1. Justice Elena Kagan delivered the opinion of the Court in Cooper v. Harris, No. 15-1262. Justice Clarence Thomas issued a concurring opinion. And Justice Samuel A. Alito, Jr. issued an opinion concurring in the judgment in part and dissenting in part, in which Chief Justice John G. Roberts, Jr. and Justice Anthony M. Kennedy joined. You can access the oral argument via this link.

2. Justice Alito delivered the opinion for a unanimous Court in Water Splash, Inc. v. Menon, No. 16-254. You can access the oral argument via this link.

3. And Justice Thomas issued the opinion for a unanimous Court in TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341. You can access the oral argument via this link.
Posted at 10:03 AM by Howard Bashman



"Breaking: #SCOTUS Declines Soft Money Case; Thomas and Gorsuch Would Vote to Hear." Rick Hasen has this post at his "Election Law Blog."
Posted at 09:52 AM by Howard Bashman


"Supreme Court offers rare glimpse into life of a top justice": Sean Fine of The Toronto Globe and Mail has this report.
Posted at 09:45 AM by Howard Bashman


Access today's Order List of the U.S. Supreme Court: At this link. The Court granted review in one new case and summarily affirmed in a direct appeal case. In the direct appeal case, the order states that Justices Clarence Thomas and Neil M. Gorsuch would have noted probable jurisdiction and set the case for oral argument.
Posted at 09:33 AM by Howard Bashman


Sunday, May 21, 2017

"Status Check: Where Voting Rights Cases Stand With The Supreme Court." This audio segment featuring law professor Richard L. Hasen -- author of the "Election Law Blog" -- appeared on today's broadcast of NPR's "Weekend Edition Sunday."
Posted at 11:28 PM by Howard Bashman


"Despite high court's decision on N.C. voting law, activists worry about chief justice": Robert Barnes of The Washington Post has this report.
Posted at 11:20 PM by Howard Bashman


"FAA Rules on Recreational Drone Registry Struck Down; Appeals court finds agency lacked authority to require registration": Jacob Gershman had this article in Saturday's edition of The Wall Street Journal.

David Koenig and Sam Hananel of The Associated Press report that "Appeals court strikes down FAA drone registration rule."

Reuters reports that "U.S. federal court throws out case against FAA's drone policy."

Andrew M Harris and Alan Levin of Bloomberg News report that "Hobbyists' Path to Drones Gets Easier as Court Rebuffs FAA."

And David Kravets of Ars Technica reports that "Court ruling nullifies US requirement that hobbyists register drones; FAA ponders options as appellate court withholds enforcing decision for seven days."

Circuit Judge Brett M. Kavenaugh wrote Friday's ruling of the U.S. Court of Appeals for the D.C. Circuit on behalf of a unanimous three-judge panel.
Posted at 11:15 PM by Howard Bashman



15 years of "How Appealing" -- reader mail: Today's email is from law professor Michael Risch:
When I first went into academia, I noticed that my colleagues (and bloggers) always seemed to know the latest cases to come out, wherever, whenever. I thought to myself, "How can all these people keep up with all of this?" I then discovered their (not so well-kept) secret -- How Appealing. It's like one stop shopping for what's happening in the courts; a professor's dream. Since I started teaching, keeping up has gotten easier due to modern technology, but there is still only one source that continually provides more than the rest.
Professor Risch, thank you for your email. I have heard similar realizations from others that their colleagues -- whether judges, judicial law clerks, or practicing lawyers -- must be "How Appealing" readers based on what legal developments they are discussing at any given time. I will post another reader email tomorrow.
Posted at 01:28 PM by Howard Bashman


"Texas House OKs new abortion limits despite court defeats": The Associated Press has this report.
Posted at 01:20 PM by Howard Bashman


"Roaming Charges: The U.S. Supreme Court could soon consider whether police can review a cellphone's whereabouts without a warrant." Matt Ford of The Atlantic has this report.
Posted at 01:18 PM by Howard Bashman


"Ohio Supreme Court justice backs legalizing marijuana": John Seewer of The Associated Press has this report.
Posted at 01:15 PM by Howard Bashman


"N.J. lawmakers want voters to decide if Supreme Court justices should keep their jobs": S.P. Sullivan of NJ.com has this report.
Posted at 01:10 PM by Howard Bashman


"GOP talks of narrowing 'blue-slip' rule for judges": Lydia Wheeler of The Hill has this report.
Posted at 01:05 PM by Howard Bashman


Saturday, May 20, 2017

"Will the Presidency Survive This President? Mr. Trump's recklessness may force Congress or the courts to constrain him, diminishing the power of the office." Law professor Eric Posner and Emily Bazelon will have this news analysis in the Sunday Review section of tomorrow's edition of The New York Times.
Posted at 11:50 PM by Howard Bashman


15 years of "How Appealing" -- reader mail: Today's email is from General William K. Suter, former Clerk of the U.S. Supreme Court:
Dear Howard:

Congratulations on 15 years! When I was Clerk of the U.S. Supreme Court I read your blog almost every day. It is an excellent resource. Thank you for your service to the legal community.

Warm regards,

Bill Suter

General Suter, thank you for your very kind email and for your many years of service to the Supreme Court and our nation. It has been a pleasure to have you as a reader then and now. I will post another reader email tomorrow.
Posted at 11:00 AM by Howard Bashman


"A massive FBI child porn probe has lawyers asking: Does the end justify the means?" Stephen Montemayor has this front page article in today's edition of The Minneapolis Star Tribune.
Posted at 10:45 AM by Howard Bashman


"D.C. Circuit Review -- Reviewed: 'Someone Else's Money.'" Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 10:42 AM by Howard Bashman


"Minnesota sex offenders seek to take their case to the U.S. Supreme Court": Chris Serres of The Minneapolis Star Tribune has this report.
Posted at 10:30 AM by Howard Bashman


"Michigan Supreme Court justices could get 1st raise in 17 years": Paul Egan of The Detroit Free Press has this report.
Posted at 10:26 AM by Howard Bashman


Friday, May 19, 2017

"One Of Trump's Judicial Nominees Blogged Under A Pen Name That Ted Cruz Was A 'Sore Loser'": Zoe Tillman of BuzzFeed News has this report.
Posted at 04:18 PM by Howard Bashman


"R-E-S-P-E-C-T(ing) The Denial Of Rehearing En Banc: Paging all legal nerds . . . ." David Lat has this post at "Above the Law."
Posted at 03:12 PM by Howard Bashman


"8 judges on Venezuela's Supreme Court hit with US sanctions": Joshua Goodman and Christina Armario of The Associated Press have this report.
Posted at 01:57 PM by Howard Bashman


15 years of "How Appealing" -- reader mail: Today's email is from attorney Peter Goldberger:
Congratulations!

Amazing 15 year run. I have read the blog nearly every day for all those years. I have probably learned something interesting about my field every week from reading HA, and something I could use to help a client in a current case at least once a month. No other online resource comes close.

Peter, thank you for the very kind email, for your friendship over the years, and for sending along blog-worthy items from time to time. I will post another reader email tomorrow.
Posted at 01:37 PM by Howard Bashman


"11th Circuit Greenlights Smokers' Suits Against Tobacco Companies": Katheryn Hayes Tucker of The Fulton County Daily Report has an article that begins, "The U.S. Court of Appeals for the Eleventh Circuit issued a 284-page en banc opinion Thursday saying that smokers who won a class action against tobacco companies can also file individual lawsuits."

And WUSF News reports that "Appeals Court Deals Blow To Tobacco Companies."

Circuit Judge William H. Pryor, Jr. wrote yesterday's majority opinion for the en banc U.S. Court of Appeals for the Eleventh Circuit. Circuit Judge Gerald Bard Tjoflat -- who at least for the time being remains exempt from the word-count limits of the Federal Rules of Appellate Procedure -- issued a 227-page dissenting opinion (excluding exhibits).
Posted at 01:20 PM by Howard Bashman



"The Constitutional Challenge To The CFPB": Leah Litman has this post at the "Take Care" blog.
Posted at 01:00 PM by Howard Bashman


"Developing law's methodology": Will Baude has this post at "The Volokh Conspiracy" linking to a symposium issue of The University of Chicago Law Review now available online. The issue contains a bunch of interesting submissions, including two by currently serving Seventh Circuit judges.
Posted at 12:15 PM by Howard Bashman


"Faith, Family, and Religious Freedom: A Conversation with Justice Samuel Alito." Eric Banecker has this post at the "Seminarian Casual" blog.
Posted at 12:09 PM by Howard Bashman


"Mark your calendars now for AJEI 2017, the nation's premier appellate educational event!" The Appellate Judges Education Institute has posted this "Save the Date" notice online.

The Summit will take place from Thursday, November 2 through Sunday, November 5, 2017 in Long Beach, California. I will be attending the Summit and will be the moderator of a panel on the morning of Saturday, November 4th that fans of appellate law blogs and of the "First Mondays" podcast won't want to miss.
Posted at 12:06 PM by Howard Bashman



"The Simple Answer to Judge Paez's Question about Korematsu": Josh Blackman has this post at the "Lawfare" blog.
Posted at 11:58 AM by Howard Bashman


Thursday, May 18, 2017

"Pa. Man Fights Honda's Bid To Rehear Appeal Of $55M Verdict": Dan Packel of Law360.com has this report (subscription required for full access) on a court filing that I linked to in this post from yesterday.
Posted at 10:24 PM by Howard Bashman


"John K. Bush -- Nominee to the U.S. Court of Appeals for the Sixth Circuit": Harsh Voruganti has this post at his blog, "The Vetting Room."
Posted at 08:35 PM by Howard Bashman


"Arizona prison officials cannot read inmates' legal mail: appeals court." Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 08:30 PM by Howard Bashman


"Democratic attorneys general seek to intervene in Obamacare case": Dan Levine, Lawrence Hurley, and Yasmeen Abutaleb of Reuters have this report.
Posted at 04:30 PM by Howard Bashman


15 years of "How Appealing" -- reader mail: Today's email is from law professor and Pulitzer Prize-winning author David J. Garrow -- whose newest book, "Rising Star: The Making of Barack Obama," became available for purchase last week:
For all of 15 years now, you have offered a remarkable and indeed incalculable pro bono contribution toward increasing thousands of readers' awareness and knowledge of what's taking place in American courts and law. Apart from your remarkably brief and arguably insufficient once-a-year weekly vacation, I believe I can accurately state that I click on my How Appealing bookmark each and every day. I wish you every continued professional and personal success.
David, thanks so much for your very kind words and for your friendship over the years. I wholeheartedly accept your advice to take more vacations! I will post another reader email tomorrow.
Posted at 01:14 PM by Howard Bashman


"A Trump Supreme Court Short-Lister Backs Up Sessions' Latest Criminal Justice Move": Zoe Tillman of BuzzFeed News has this report.
Posted at 12:53 PM by Howard Bashman


"Trump's first circuit judge nominee advances to Senate for confirmation": Alex Swoyer of The Washington Times has an article that begins, "The first of President Trump's slate of circuit court nominees cleared the Judiciary Committee on Thursday as Republicans prepared to move swiftly on stocking the federal courts with what backers hope will be an army of conservatives."
Posted at 12:44 PM by Howard Bashman


"Court OKs plan for $380M in Native American farmer lawsuit": The Associated Press has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued on Tuesday.

The dissenting opinion of Circuit Judge Janice Rogers Brown on the issue of cy pres is worthy of attention.
Posted at 11:32 AM by Howard Bashman



View live, online this morning's Executive Business Meeting of the U.S. Senate Judiciary Committee: Via this link. On the agenda, the committee is scheduled to consider and vote on whether to recommend confirmation of U.S. District Judge Amul R. Thapar (E.D. Ky.) to serve on the U.S. Court of Appeals for the Sixth Circuit.
Posted at 10:09 AM by Howard Bashman


"Google it: Court rules that 'Google' is not a generic term." Michael Kiefer of The Arizona Republic has this report.

Peter Blumberg and Jef Feeley of Bloomberg News report that "Google Hangs Onto Its Trademark in Court."

David Kravets of Ars Technica reports that "'Genericide' legal assault to nullify the Google trademark fails; Google doesn't lose trademark even if it is a generic term for searching the Web."

And Nathan J. Fish of Cronkite News has a report headlined "Google this: Court rejects Arizona man's claim against Google trademark."

You can access Tuesday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:34 AM by Howard Bashman



Wednesday, May 17, 2017

"Second Amendment case Peruta vs. California may be heading to Supreme Court": Steve Kurtz and Georeen Tanner of FoxNews.com have this report.
Posted at 10:30 PM by Howard Bashman


"Supreme Court May Weigh Big Weapon for U.S. Companies Sued Abroad; A $9.5 billion pollution lawsuit against Chevron could clarify the reach of racketeering law": Paul Barrett of Bloomberg Businessweek has this report.
Posted at 10:24 PM by Howard Bashman


"Former Minn. Supreme Court Justice Alan Page on life, education, football and the law": Minnesota Public Radio posted this lengthy audio segment online yesterday.
Posted at 10:20 PM by Howard Bashman


"Supreme Court Justice Sounds Alarm On Speech, Religious Liberty": Mark Abrams of CBS Philly has this report.
Posted at 10:18 PM by Howard Bashman


"Trump's Justice: Neil Gorsuch will be the enduring symbol of a disastrous presidency." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 09:35 PM by Howard Bashman


"'Blue slips' give Democrats power over Trump's court nominees": Alex Swoyer of The Washington Times has this report.
Posted at 07:23 PM by Howard Bashman


"John Marshall: Patriot, Statesman, Chief Justice." Speaking of the Great Chief Justice, next Thursday this exhibit about him opens at the National Constitution Center in Philadelphia. Thanks to a friend of this blog, I am looking forward to checking-out the exhibit at its opening reception next Wednesday evening.
Posted at 05:42 PM by Howard Bashman


The Claremont Institute announces its 2017 John Marshall Fellows: You can view the list at this link.
Posted at 05:36 PM by Howard Bashman


What's going on? This afternoon, in my capacity as appellate counsel for plaintiffs-appellees in the case captioned Martinez v. American Honda Motor Co., I filed this answer in opposition to Honda's application for reargument.

As noted in this earlier post, on April 19, 2017 a unanimous three-judge panel of the Pa. Superior Court issued an unpublished, non-precedential memorandum opinion affirming the trial court's judgment in plaintiffs' favor.
Posted at 05:27 PM by Howard Bashman



"Justice tells seminary grads religious liberty under threat": The Associated Press has this report.
Posted at 05:09 PM by Howard Bashman


"Fit to Be Tied: When Appellate Courts Are Evenly Divided." Yesterday's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers, contained this month's installment of my "Upon Further Review" column.

Here's a fun fact on the occasion of this blog's 15th birthday, recently celebrated. I originally came up with "How Appealing" as a possible name for my monthly Legal Intelligencer column, which started way back in December 2000. The publication's then-editor in chief chose a different title, leaving "How Appealing" available to serve as this blog's title since May 6, 2002.
Posted at 04:44 PM by Howard Bashman



"Not the 25th amendment": Eric Posner has this blog post.
Posted at 01:33 PM by Howard Bashman


"UC Irvine law dean Erwin Chemerinsky named dean of Berkeley's law school, will begin July 1": Chris Haire of The Orange County Register has this report.

And Evan Sernoffsky of The San Francisco Chronicle reports that "Erwin Chemerinsky named dean of Berkeley Law."

Update: At his "Election Law Blog," Rick Hasen has a post titled "A Few Words About Erwin Chemerinsky, Leaving as UCI Law Dean."
Posted at 01:11 PM by Howard Bashman



15 years of "How Appealing" -- reader mail: Today's email is from U.S. District Judge, and nominee to the U.S. Court of Appeals for the Sixth Circuit, Amul R. Thapar (E.D. Ky.):
The blog truly is a service to those of us on the bench. My colleagues and I really appreciate it. Judges regularly talk about how valuable a resource it is. Congratulations and thank you!
Judge Thapar, thank you for this very kind email. It was a pleasure to meet you, and to get to spend some time with you and several of your colleagues from that district court, at last year's Sixth Circuit conference. I will post another reader email tomorrow.
Posted at 01:05 PM by Howard Bashman


"Trump's values are abhorrent to the Federalist Society of conservative lawyers. That doesn't stop them from helping him." Henry Farrell has this entry at the "Monkey Cage" blog of The Washington Post.
Posted at 12:54 PM by Howard Bashman


"For Voting Rights Advocates, Court Decision Is 'Temporary Victory'": Michael Wines has this article in today's edition of The New York Times.
Posted at 12:50 PM by Howard Bashman


"November races for statewide judicial elections set": Karen Langley of The Philadelphia Inquirer has this report.
Posted at 12:44 PM by Howard Bashman


Tuesday, May 16, 2017

"Garland has no interest in leaving judiciary for FBI, source says": Ariane de Vogue of CNN.com has this report.
Posted at 11:09 PM by Howard Bashman


"Bad Faith? What's That? The Justice Department's attempts to wish away Donald Trump's Muslim ban statements are not working." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:22 PM by Howard Bashman


"Spokeo backlash: Dismissed in federal court, class actions move to states." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 10:14 PM by Howard Bashman


"Strict North Carolina Voter ID Law Thwarted After Supreme Court Rejects Case": Adam Liptak and Michael Wines have 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 won't review decision that found N.C. voting law discriminates against African Americans."

David G. Savage of The Los Angeles Times reports that "North Carolina voting law falls as Supreme Court turns down GOP appeal."

Richard Wolf of USA Today reports that "Voting advocates call Supreme Court's decision not to hear North Carolina case a win."

Brent Kendall of The Wall Street Journal reports that "Supreme Court Won't Hear Appeal Seeking to Revive North Carolina's Stricter Voting Rules; State moved to drop defense of voting rules after Democrat became governor."

Michael Doyle of McClatchyDC reports that "Opponents of strict voter-ID laws get a victory, but it may not last."

Stephen Dinan of The Washington Times reports that "Supreme Court declines to revive North Carolina's voter ID law."

In today's edition of The News & Observer of Raleigh, North Carolina, Anne Blythe has a front page article headlined "Supreme Court won't rescue NC voter ID law; GOP leaders say they will try again with new law."

Mark Sherman of The Associated Press reports that "Supreme Court order unlikely to deter voting restrictions."

Lawrence Hurley of Reuters reports that "U.S. top court lets North Carolina voter law die, pleasing rights groups."

Greg Stohr of Bloomberg News reports that "U.S. Supreme Court Won't Revive North Carolina Voter-ID Law."

Ariane de Vogue and Daniella Diaz of CNN.com report that "Supreme Court declines to hear challenge to ruling striking down NC voter ID law."

Josh Gerstein of Politico.com reports that "Supreme Court leaves in place ruling that struck down N.C.'s voter ID law."

Cristian Farias of HuffPost reports that "Restrictive North Carolina Voting Law Is Dead After Supreme Court Refuses To Review It; An appeals court found that the restrictions harked back to the Jim Crow era."

And in commentary, online at Slate, Mark Joseph Stern has a jurisprudence essay titled "North Carolina's 'Monster' Voter-Suppression Law Is Dead; It may have been too overtly racist for the Supreme Court; But don't think the battle is over."
Posted at 09:44 PM by Howard Bashman



15 years of "How Appealing" -- reader mail: Today's email is from Tony Mauro, who covers the U.S. Supreme Court for The National Law Journal:
In the early days of How Appealing, you may recall that when you went a day or so without posting, I would email you to be sure you were okay. That was partly out of concern for a friend, but also because it was difficult for a journalist covering the U.S. Supreme Court and appellate courts to function without your blog. It is not flashy or snarky, but it is indispensable for those of us who drink our coffee from #appellatetwitter mugs. It has made appellate law and courts accessible in ways that no one could have imagined before you launched it in 2002. Five years ago, when I interviewed you on the blog's tenth anniversary, I asked you why you kept it alive for so long. You acknowledged that it has helped your practice in some ways, but said "the main reason that I have kept the blog going for ten years now is that I really enjoy maintaining it." Here's hoping that you still enjoy it and will keep it chugging along for years to come.
Tony, thanks so very much for this wonderful email! As you have explained, you are single-handedly responsible for all of the "Programming Note" posts that have appeared over the years preceding any extended absences from blogging. You were the first journalist to write an article drawing attention to "How Appealing," which enabled this blog to gain many enthusiastic readers early in its tenure. And the role you played in helping the blog find a home at law.com for many years is greatly appreciated. I likewise hope that you too stay at it for many years to come. I will post another reader email tomorrow.
Posted at 05:23 PM by Howard Bashman


"3 Judges Weigh Trump's Revised Travel Ban, but Keep Their Poker Faces": Adam Liptak has this article in today's edition of The New York Times.

Maura Dolan, Rick Anderson, and Jaweed Kaleem of The Los Angeles Times have an article headlined "Was Trump's travel ban targeted at Muslims? A federal appeals court zeroes in on the debate."

In today's edition of The Washington Post, Matt Zapotosky has an article headlined "Judges in travel ban appeal press lawyers about Trump's comments."

Bob Egelko of The San Francisco Chronicle reports that "Judge compares Trump travel ban to Japanese American internment."

Patrick May of The San Jose Mercury News reports that "Trump's travel ban comes under harsh criticism before the 9th Circuit; A federal panel in Seattle heard arguments on whether the president's ban is unconstitutional."

Daniel DeMay of SeattlePI.com reports that "Trump lawyer suggests 'Muslim ban' just campaign rhetoric."

Rui Kaneya of Honolulu Civil Beat reports that "Federal Judges Question Whether Trump's Travel Ban Is A 'Muslim Ban'; A 9th Circuit Court of Appeals panel Monday heard arguments in Hawaii's lawsuit to block key parts of the executive order restricting travel and immigration from countries."

Gene Johnson of The Associated Press reports that "Federal judges ask if travel ban is biased against Muslims."

Tom James of Reuters reports that "In travel ban case, U.S. judges focus on discrimination, Trump's powers."

Kartikay Mehrotra of Bloomberg News reports that "Travel Ban Hearing Puts Trump's Stump Rhetoric on Trial."

Laura Jarrett of CNN.com reports that "9th Circuit presses Trump admin on legality of travel ban."

Lee Ross of FoxNews.com reports that "Trump travel ban faces skeptical panel in 9th Circuit hearing."

Cristian Farias of HuffPost reports that "Donald Trump's Least Favorite Court Grills Lawyers In Travel Ban Case; The 9th Circuit has previously ruled against the president's blocked executive orders."

Zoe Tillman of BuzzFeed News reports that "For The Second Time In Two Weeks, Judges Question Trump's Travel Ban."

And in commentary, at the "Lawfare" blog, Josh Blackman has a post titled "Hawaii v. Trump: What Would an 'Objective Observer' Think of President Trump's Travel Ban?"
Posted at 04:33 PM by Howard Bashman



"The Garland Gambit: Republicans floating Merrick Garland for FBI director should be careful what they wish for." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 01:15 PM by Howard Bashman


Monday, May 15, 2017

"Easy Reading (By Supreme Court Standards)": Adam Feldman has this interesting post today at his "Empirical SCOTUS" blog.
Posted at 04:23 PM by Howard Bashman


"Scotus review of Third Circuit case sought to resolve circuit split over who can challenge rental-car searches": Matthew Stiegler has this post today at his "CA3blog."
Posted at 04:15 PM by Howard Bashman


15 years of "How Appealing" -- reader mail: Today's email is from attorney and longtime reader Elias Batchelder:
I started reading your blog in 2003, my first year of law school. Without ever meeting me, you nurtured my own interest in appellate law, which I have been practicing now for a decade. It is a somewhat secluded niche of practice -- one which greatly benefits from keeping abreast of recent developments in diverse, unrelated fields (and one in which an legal geek couped up in an office can always savor a humorous take on the daily legal developments). My practice focuses exclusively on death penalty appeals, and since I have cited and forwarded cases I found through your posts on numerous occasions, you might take credit not only for keeping me and all your readers entertained all these years, but also for helping to save a life. Thanks for all of your hard work and best of luck going forward.
Elias, thanks so very much for that wonderful email! The possibility that "How Appealing" has helped to save someone's life is not something that had occurred to me previously. I will post another reader email tomorrow.
Posted at 02:05 PM by Howard Bashman


"Appeals court wrestles with Trump's revised travel ban order; Judges mull administration's request to revise directive blasted as 'Muslim ban'": Josh Gerstein of Politico.com has this report.
Posted at 01:56 PM by Howard Bashman


On rare occasion, the criminal defendant-appellant will supply his own humorous movie reference: In 2016, Stacey Barchenger of The Tennessean had articles headlined "Franklin man guilty in Mitt Romney tax fraud scheme" and "Mitt Romney tax hoax lands Franklin man 4-year prison term."

Today, on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit, Judge Jeffrey S. Sutton issued this opinion affirming the defendant's conviction and vacating the defendant's sentence.
Posted at 01:44 PM by Howard Bashman



"Unity Was Emerging on Sentencing. Then Came Jeff Sessions." Carl Hulse has this new installment of his "On Washington" column in today's edition of The New York Times.
Posted at 01:28 PM by Howard Bashman


"When Does Political Gerrymandering Cross a Constitutional Line?" Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:22 PM by Howard Bashman


"State of Hawaii, et al. v. Trump: The Ninth Circuit Court of Appeals reviews the decision of Hawaii U.S. District Court Judge Derrick Watson regarding the enforcement of President Trump's travel ban." C-SPAN provides live coverage starting now via this link. Or view live online via the Ninth Circuit's own YouTube feed.
Posted at 12:32 PM by Howard Bashman


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

1. Justice Elena Kagan delivered the opinion of the Court in Kindred Nursing Centers Ltd. v. Clark, No. 16-32. Justice Clarence Thomas issued a dissenting opinion. You can access the oral argument via this link.

2. Justice Stephen G. Breyer delivered the opinion of the Court in Howell v. Howell, No. 15-1031. Justice Thomas issued an opinion concurring in part and concurring in the judgment. You can access the oral argument via this link.

3. And Justice Breyer also delivered the opinion of the Court in Midland Funding, LLC v. Johnson, No. 16-348. Justice Sonia Sotomayor issued a dissenting opinion, in which Justices Ruth Bader Ginsburg and Kagan joined. You can access the oral argument via this link.
Posted at 10:03 AM by Howard Bashman



"What Makes a Parent? A brutal custody battle between two women raises questions about who has a right to rear a child -- and could redefine the legal meaning of family." Ian Parker has this article in the May 22, 2017 issue of The New Yorker.
Posted at 10:00 AM by Howard Bashman


"The federal appeals court that Trump hates the most will now hear arguments on his travel ban": Matt Zapotosky has this article in today's edition of The Washington Post.

Josh Gerstein of Politico.com reports that "Mosque snooping suit could impact Trump travel ban case."

And on Twitter, Neal Katyal -- who will argue today's appeal in the Ninth Circuit on behalf of Hawaii -- offers these thoughts.
Posted at 09:44 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 did call for the views of the Acting Solicitor General in two cases.

And in North Carolina v. North Carolina State Conf. of the NAACP, No. 16-833, Chief Justice John G. Roberts, Jr. issued a statement respecting the denial of certiorari.
Posted at 09:32 AM by Howard Bashman



Sunday, May 14, 2017

"Firing Comey Was a Grave Abuse of Power: In 1974, Republicans put country before Party and told Nixon it was time to go; Today's G.O.P. seems unlikely to live up to its predecessor's example." Jeffrey Toobin has this Comment in the Talk of the Town section of the May 22, 2017 issue of The New Yorker.
Posted at 08:12 PM by Howard Bashman


"Lawyerly Integrity in the Trump Administration": Jack Goldsmith has this post at the "Lawfare" blog.
Posted at 08:00 PM by Howard Bashman


One week from today -- "Twin Peaks" returns: From time to time (see here and here, both focusing on this snippet of dialogue, for example) this blog has alluded to "Twin Peaks," so I thought I'd note that the show returns to television with new episodes beginning next Sunday.

Recently, in a happy coincidence, Harry Goaz -- the actor who plays sheriff's deputy Andy Brennan on the show -- began following "How Appealing" on Twitter.
Posted at 01:32 PM by Howard Bashman



"What's Next for Comey? Probably Not 'a Normal Job.'" Matthew Goldstein and Alexandra Stevenson have this article in today's edition of The New York Times.

In addition, in the Sunday Review section of that newspaper, Benjamin Wittes today has an essay titled "What We're Losing in James Comey."
Posted at 01:10 PM by Howard Bashman



15 years of "How Appealing" -- reader mail: Today's email (with hyperlinks, no less) is from law professor Rick Hasen -- author of the "Election Law Blog":
Congratulations on 15 fabulous years of How Appealing, which is one of only two blogs I check every morning before doing anything else. Your work is indispensable, as is your fine sense of humor.

On the tenth anniversary of my own Election Law Blog, I called you my "blogfather," because you were my inspiration for blogging. Indeed, here's what I told then-law student (now professor) Will Baude in his 2003 20 questions interview with me (itself an homage to your own 20 questions for appellate judges) about why I started blogging:

Back in January, I was talking about The Senate's filibuster of judges with my Loyola Law School colleague, Kurt Lash. He told me I should check out the How Appealing blog. "What's a blog?, I asked. A month later I was blogging, realizing that there was a need for coverage of election law in the way that Howard Bashman covers appellate law. What is so wonderful about Howard is that he is comprehensive and fair. Although he has definite opinions, he never uses his blog to stifle or distort others' points of view. To the contrary, it is a forum for exploring many different ideas. I have tried to emulate the "fair and balanced" Bashman (I hope he won't get sued by Fox now!).

Don't ever change, Howard! Please don't hang it up, and remain "fair and balanced." We need you.

Thanks so very much for your kind words, Rick! Helping to inspire the creation of your blog and also "SCOTUSblog" are two of the most wonderful things that have resulted from operating this blog. It has also been a pleasure getting to know you and linking to your writings and blog posts over the years. I will post another reader email tomorrow.
Posted at 12:55 PM by Howard Bashman


"Greg Abbott plays an outsized role in filling U.S. judicial vacancies": Maria Recio of The Austin American-Statesman has this report.
Posted at 12:40 PM by Howard Bashman


"Animus Amicus: A group of law professors tells a federal court that religious bias lies at the heart of Trump's travel ban." Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 11:14 AM by Howard Bashman


"D.C. Circuit Review -- Reviewed: A Small Thought About the Chief Judge of the D.C. Circuit." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 11:11 AM by Howard Bashman


Saturday, May 13, 2017

"15 Idaho Attorneys And Judges Vying For Seat On State Supreme Court": The Associated Press has this report.
Posted at 11:13 PM by Howard Bashman


"Gamecock Club gets final victory in lawsuit over football fans' prized parking spaces": John Monk of The State of Columbia, South Carolina has this article reporting on a ruling that the Supreme Court of South Carolina issued on Thursday.
Posted at 11:11 PM by Howard Bashman


"Indiana Supreme Court to be all white for first time since 1999": Madeline Buckley of The Indianapolis Star has an article that begins, "The Indiana Supreme Court is poised to have an all-white court for the first time since 1999, raising concern in Indiana's minority community and questions about whether the state's legal system does enough to foster a pipeline of diverse lawyers and judges."
Posted at 11:05 PM by Howard Bashman


"Blankenship plans US Supreme Court appeal": Ken Ward Jr. of The Charleston (W. Va.) Gazette-Mail has this report.
Posted at 11:00 PM by Howard Bashman


"Do evangelicals lack 'intellectual heft' for the Supreme Court?" Richard Mouw has this essay online at Religion News Service.
Posted at 10:55 PM by Howard Bashman


15 years of "How Appealing" -- reader mail: Today's email is from attorney and longtime reader Alan R. Kabat:
Amazing -- you've persevered in providing a balanced feed of interesting items, and am sure I'm not the only one who appreciates your even-handed blogging.

The one thing from your blog that obviously most sticks in my mind is the Second Circuit's Higazy v. Templeton decision -- had not realized that was 10 years ago (time flies). If the CA2 had left everything alone and pretended that nothing happened, the decision would probably have only created a few waves in limited circles for its disclosures, but the attempt to recall the decision ended up generating far more public interest and media coverage of what was redacted.

Thanks, Alan, for that kind email and for bringing various items to my attention over the years for possible mention on the blog. Also, thanks for remembering the Higazy matter (see here and here for the details), which certainly did garner some attention at the time. I will post another reader email tomorrow.
Posted at 02:03 PM by Howard Bashman


"Why it would be bad for Trump to break up the 9th Circuit Court": Ian Samuel and Brian Goldman have this essay online at The San Jose Mercury News.
Posted at 01:49 PM by Howard Bashman


"Appeal in boy's burp arrest case relies on Gorsuch dissent": Sam Hananel of The Associated Press has this report.
Posted at 01:32 PM by Howard Bashman


Friday, May 12, 2017

"Colorado Supreme Court Justice Allison Eid in line for Neil Gorsuch's seat on 10th Circuit; Move would fit Trump's early pattern of judicial appointments": Mark K. Matthews has this front page article in today's edition of The Denver Post.
Posted at 01:34 PM by Howard Bashman


"Will Supreme Court rescue Trump's immigration travel ban?" Richard Wolf of USA Today has this report.
Posted at 01:30 PM by Howard Bashman


"Extra Scrutiny: The 'Breyer Pages.'" Joe Dunman recently launched a U.S. Supreme Court-related podcast titled "Heightened Scrutiny."

Today's episode contains nearly 10 minutes of really long questions from Justice Stephen G. Breyer. How many of Justice Breyer's never-ending questions can fit into 10 minutes? Listen to find out.
Posted at 12:04 PM by Howard Bashman



15 years of "How Appealing" -- reader mail: Today's email is from Lawrence Hurley, who covers the U.S. Supreme Court (and sometimes also the U.S. Courts of Appeals) for Reuters:
Howard -- Congrats on the great run.

I just wanted to mention again that I have found your blog useful in two very different ways. It is of course an indispensable news aggregator for all of those covering legal news and is a great way to keep up on everything.

Separately, I'm still grateful on a personal level for when you posted my stories on your blog back when I worked for the LA Daily Journal as a lonely Washington correspondent. As the Daily Journal had a high paywall and little presence in DC, How Appealing was one of the few ways my stories could reach people outside of California, which was most helpful as I sought to establish myself as a legal reporter.

Lawrence, thanks so very much for those kind words! I can't believe we have yet to meet in person, but hopefully before too much longer. It was my pleasure to be able to provide access to your work and the work of Brent Kendall during your tenures at The Daily Journal. I have no doubt that you and Brent would have achieved all of your successes even without me, but I'm glad to have been of help. I will post another reader email tomorrow.
Posted at 11:40 AM by Howard Bashman


"Supreme Court Standing Law Continues to Befuddle Courts": Perry Cooper of Bloomberg BNA has this report.
Posted at 11:28 AM by Howard Bashman


"Grassley Signals Deference to White House on Circuit Judges; Blue slips on district judges might carry more weight than appellate picks": Niels Lesniewski of Roll Call has this report.
Posted at 11:26 AM by Howard Bashman


"Anti-Gay Attacks Not Covered by West Virginia Hate Crime Law, Court Rules": Liam Stack of The New York Times has this report.

My earlier coverage of Tuesday's ruling (plus access the dissenting opinion here) can be accessed at this link.
Posted at 09:54 AM by Howard Bashman



"Et Tu Rod? Why The Deputy Attorney General Must Resign." Benjamin Wittes has this post today at the "Lawfare" blog.
Posted at 09:50 AM by Howard Bashman


The University of Georgia School of Law is seeking to hire an Appellate Clinic Fellow: Thomas V. Burch, director of that law school's appellate clinic, has emailed asking me to post the following job announcement:
Appellate Clinic Fellow

The University of Georgia's Appellate Litigation Clinic is a two-semester, third-year clinic that represents indigent clients before the federal circuit courts of appeals, the Board of Immigration Appeals, and the U.S. Supreme Court. We are looking to hire a clinic fellow for academic year 2017-18 who, under supervision of the clinic director, will help students write briefs and prepare for oral argument before these courts. Applicants should have excellent writing and communication skills and a demonstrated interest in appellate litigation. If interested in the position, please send your resume, your law school transcript, a writing sample that has not been significantly edited by anyone else, and a short statement explaining your interest in the position to Thomas Burch at tvburch@uga.edu. The stipend for the position is $34,988, and the application deadline is June 1, 2017. The University of Georgia is an Equal Opportunity/Affirmative Action employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, disability, sexual orientation, gender identity or protected veteran status.

More information about the University of Georgia School of Law's appellate clinic can be accessed here and here.
Posted at 09:44 AM by Howard Bashman


Thursday, May 11, 2017

"President Trump Gets A Head Start On Shaping The Federal Courts": Scott Horsley had this audio segment on Monday's broadcast of NPR's "All Things Considered."

Stephen Montemayor of The Minneapolis Star Tribune reports that "Minnesota Justice David Stras, Trump's pick for Eighth Circuit, enjoys broad swath of support; Minnesota Supreme Court Justice David Stras is 'not beholden to anyone.'" The newspaper also published an editorial titled "The diversity problem on the Eighth Circuit Court of Appeals: Justice Stras has earned nomination, but court is too male, white."

Don David of The Forum of Fargo, North Dakota reports that "Donald Trump picks Minnesota Supreme Court justice for federal court."

Bob Collins of Minnesota Public Radio reports that "On MN Supreme Court, David Stras found unlikely allies."

Paul Egan of The Detroit Free Press reports that "President Trump names Justice Joan Larsen to U.S. 6th Circuit."

Jonathan Oosting and Melissa Nann Burke of The Detroit News have an article headlined "Trump's fed court nominee Larsen 'on fast track.'" The newspaper also published an editorial titled "Smooth Joan Larsen's rise to appeals court."

Fatima Hussein of The Indianapolis Star reports that "Trump nominates Notre Dame professor for federal judgeship."

Notre Dame Law School issued a news release titled "Professor Amy Barrett Nominated to Court of Appeals for the 7th Circuit."

And Andrew Wolfson of The Louisville Courier-Journal reports that "President Trump taps Louisville conservative John K. Bush for court."
Posted at 09:05 PM by Howard Bashman



"Trump reportedly close to nominating David Porter to Third Circuit": Matthew Stiegler has this post today at his "CA3blog."
Posted at 05:44 PM by Howard Bashman


"Merrick Garland for FBI Director? Welcome to the most amazing Republican troll job yet." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 02:44 PM by Howard Bashman


"Trump Wanted a Public Execution: The president fired James Comey via letter, while the FBI director was giving a speech." Phillip Carter has this essay online at Slate.
Posted at 02:41 PM by Howard Bashman


"Third judge could block revised Trump travel ban": Josh Gerstein of Politico.com has this blog post.
Posted at 01:48 PM by Howard Bashman


"Federal Circuit Refuses to Hear Private Right Issue": Dennis Crouch has this post at his "Patently-O" blog about an order that the U.S. Court of Appeals for the Federal Circuit issued today denying an initial en banc hearing. The order was accompanied by two concurring and two dissenting opinions.

In earlier coverage, Crouch previously had a post titled "Whether a Patent Right is a Public Right." And Kelly Knaub of Law360.com reported that "Full Fed. Circ. Urged To Look At AIA Review Constitutionality" (subscription required for full access).
Posted at 01:45 PM by Howard Bashman



"A (very reluctant) defense of Trump's firing of Comey": Eric Posner has this blog post.
Posted at 12:22 PM by Howard Bashman


15 years of "How Appealing" -- reader mail: Today's email is from reader Paul Vinegrad:
I love everything about your blog. Convenient daily access to quality legal news is invaluable. Your blog consistently links to articles, cases and commentary that open my mind to a wide variety of important and timely legal issues.

I dislike when you go on a (well-earned) hiatus to work on appellate cases, attend a conference, or go to a Phillies game. Your Twitter feed sometimes fills the gaps. But I prefer your blog.

P.S. I am a long-time Mets fan. So, missing your blog because you are watching the Phillies (hopefully lose, at least to the Mets) is particularly frustrating.

Congratulations! Not many blogs have survived 15 years!

Thanks so very much, Paul. One of my best friends is a Mets fan, so you are in good company. I will post another reader email tomorrow.
Posted at 12:18 PM by Howard Bashman


"President Trump Nominates Judges Even He Could Love": Jeffrey Toobin has this post online today at The New Yorker.
Posted at 12:09 PM by Howard Bashman


"Translating Trump's Religious Liberty Order": Linda Greenhouse has this essay online at The New York Times.
Posted at 12:03 PM by Howard Bashman


"Judge Amul R. Thapar -- Nominee to the U.S. Court of Appeals for the Sixth Circuit": Harsh Voruganti recently had this detailed post at his blog, "The Vetting Room."
Posted at 10:54 AM by Howard Bashman


"Laura Kalman, 'LBJ, Nixon, and the Making of the Contemporary Supreme Court.'" The University of Chicago Law School has posted on YouTube the video of this recent lecture.
Posted at 10:42 AM by Howard Bashman


Thanks to the podcasting duo at "First Mondays" for their kind mention of this blog's 15th birthday on this week's episode: Although you should listen to the entire episode, if you want to access the discussion noting this blog's 15th birthday, you will find it begins at the 20:36 mark.
Posted at 10:28 AM by Howard Bashman


"North Carolina defends magistrates' right to refuse performing same-sex marriages; The law allows them to turn away interracial couples, too": Andrea Marchiano of Gay Star News has this report on a case orally argued yesterday before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit.

I will link to the audio of this oral argument once it becomes available online.

Update: You can access the audio of yesterday's Fourth Circuit oral argument via this link (29.8 MB mp3 audio file).
Posted at 10:24 AM by Howard Bashman



"Free Speech Can Get Awkward, a Small Town Discovers; Belle Plaine, Minnesota, wanted a Christian memorial in a town park; Now it's getting a Satanic one too": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:15 AM by Howard Bashman


"Justice Kennedy, don't abandon your legacy": Elizabeth Wydra has this essay at CNN.com.
Posted at 08:12 AM by Howard Bashman


Wednesday, May 10, 2017

"West Virginia Supreme Court Rules Anti-Gay Assaults Are Not Hate Crimes": Mark Joseph Stern has this essay online at Slate about a 3-to-2 ruling (the dissenting opinion can be accessed here) that the Supreme Court of Appeals of West Virginia issued yesterday.

And in local coverage, Courtney Hessler of The Herald-Dispatch of Huntington, West Virginia reports that "WV Supreme Court upholds ruling in Butler case."
Posted at 11:00 PM by Howard Bashman



"Oregon's Supreme Court Will Be Majority Female For The 1st Time": Chris Lehman of Oregon Public Broadcasting has this report.
Posted at 10:56 PM by Howard Bashman


"Trump's Smart Outsourcing of Judicial Picks; Nominees for the appeals court bench are brilliant lawyers, who happen to be conservative": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 10:36 PM by Howard Bashman


"FTC lawsuit against AT&T over iPhone data speeds may be revived": Bob Egelko of The San Francisco Chronicle has this report.

Reuters has a report headlined "U.S. regulator's 'throttling' lawsuit against AT&T to be reheard: court."

And Jon Brodkin of Ars Technica reports that "AT&T could be punished for unlimited data throttling after all; Ajit Pai cheers court decision, says case to overturn Title II is strengthened."

You can access yesterday's order of the U.S. Court of Appeals for the Ninth Circuit at this link. And my earlier coverage of the now-vacated three-judge panel ruling can be accessed here and here.
Posted at 09:44 PM by Howard Bashman



In Wendi Adelson news from Miami: Patricia Mazzei of The Miami Herald has an article headlined "Miami billionaire plans political fund to defend unauthorized immigrants."

According to the article:

Fernandez has hired immigration attorney Wendi Adelson as the fund's executive director. Adelson is a former Florida State University immigration law professor who also directed FSU's Human Rights and Immigration Law Project. Her brother has been investigated, but not charged, in connection with a criminal investigation into the high-profile murder of her ex-husband, the late FSU law professor Daniel Markel. Adelson herself has not been accused of wrongdoing.

Posted at 09:18 PM by Howard Bashman


"Democrats Can't Stop Trump's Agenda; But They Can Block His Judicial Nominees; Get ready for a hugely consequential Senate fight over blue pieces of paper": Jennifer Bendery of HuffPost has this report.

According to the article, "Trump is close to nominating David Porter to the Third Circuit Court of Appeals, a source familiar with the nomination process told HuffPost." I got to know David during my time at Buchanan Ingersoll, and I most recently said hello to him last month at the Third Circuit's Judicial Conference in Lancaster a day or two after the dinner for all attendees, during which a U.S. District Judge based in Pittsburgh told me that David likely would be the next Third Circuit nominee.
Posted at 08:47 PM by Howard Bashman



"Belated congratulations, and thanks, to Howard Bashman (How Appealing) on his blog's 15th birthday": Eugene Volokh has this very kind post today at "The Volokh Conspiracy."

As Eugene knows, his blog -- which similarly just celebrated its 15th birthday last month -- inspired me to launch "How Appealing" and helped my blog gain a following right away by generously linking to some of my blog's early posts.
Posted at 06:08 PM by Howard Bashman



"Aaron Nielson, 'The Past and Future of Deference: From Justice Scalia to Justice Gorsuch.'" The University of Chicago Law School has posted the audio of this recent presentation on SoundCloud.
Posted at 03:44 PM by Howard Bashman


"The Only Constitutional Right That Matters: Conservative judges want to protect domestic abusers' right to bear arms; Why don't they care about protecting the right to vote?" Perry Grossman and Mark Joseph Stern have this jurisprudence essay online at Slate.
Posted at 03:36 PM by Howard Bashman


"Tymkovich Lecture: Civil Discourse Isn't Essential for Judicial Independence -- But it Still Matters." Alison Frost of the University of Chicago Law School has this report.
Posted at 03:33 PM by Howard Bashman


Access the contents of the May 2017 issue of the Harvard Law Review: Via this link.
Posted at 03:22 PM by Howard Bashman


"Death row inmate asks for hanging or firing squad; court says no": Bill Rankin of The Atlanta Journal-Constitution has this blog post.

And The Associated Press reports that "Court rejects inmate's claims for firing squad or hanging."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 03:14 PM by Howard Bashman



"Decisionmaking on Multimember Courts: The Assignment Power in the Circuits." Law professor Daniel J. Hemel (whose work I have been linking to since he was in college) and Kyle Rozema have posted this article on SSRN.
Posted at 03:07 PM by Howard Bashman


"Cotton prepared to toss Senate's 'blue slip' rule on judicial nominees": Seung Min Kim of Politico.com has this report.

In today's edition of The New York Times, Carl Hulse has a new installment of his "On Washington" column headlined "Senate Custom Could Trip Up G.O.P.'s March to Reshape Courts."

And online at The Los Angeles Times, columnist Michael McGough has an essay titled "Trump's judges: conservative but qualified."
Posted at 02:54 PM by Howard Bashman



15 years of "How Appealing" -- reader mail: Thanks to all of the many readers of this blog who accepted my invitation to send me an email describing what "How Appealing" means to them, why they read this blog, what they like or dislike about it, or describing a moment in the history of this blog that was memorable for them.

As promised, today I begin posting those emails, one per day, until no more remain. The email I am posting today was received from Adam Liptak, who covers the U.S. Supreme Court for The New York Times:

I joined The New York Times's news staff in April of 2002 after 14 years of practicing law. I was now the paper's national legal reporter, and I was lost. I had no sources, few ideas and no way to feel confident I was not missing important legal developments around the country.

A month later, like magic, How Appealing materialized. It immediately became and has remained, for me and for countless other legal reporters, an indispensable resource: comprehensive, reliable, nonpartisan, enthusiastic and good-natured.

Long may you run, Howard!

Thanks so very much, Adam, for those very kind words. I will post another reader email tomorrow.
Posted at 02:11 PM by Howard Bashman


"Attorneys and Firms in the Supreme Court 2016": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 02:04 PM by Howard Bashman


"Ex-AIG CEO Greenberg loses appeal over 2008 bailout": Jonathan Stempel of Reuters has this report.

And Marcy Gordon of The Associated Press has a report headlined "US court: ex-AIG CEO hasn't right to challenge bailout."

You can access yesterday's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 01:58 PM by Howard Bashman



"In Wisconsin, ID law proved insurmountable for many voters": Christina A. Cassidy and Ivan Moreno of The Associated Press have this report.
Posted at 01:42 PM by Howard Bashman


"Oregon may allow drivers to choose nonbinary, rather than male or female, for licenses": Casey Parks of The Oregonian has this report.

And Terray Sylvester of Reuters reports that "Oregon moves toward allowing third gender option on drivers' licenses."
Posted at 01:36 PM by Howard Bashman



"Yorie Kahl won't get a trial on his defamation lawsuit": The Associated Press has a report that begins, "A North Dakota man serving life in prison for the killing of two federal marshals outside Medina in 1983 won't get a trial on a defamation lawsuit he filed against a news agency."

Circuit Judge Brett M. Kavanaugh issued yesterday's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.
Posted at 01:30 PM by Howard Bashman



"Another Addition to the Chevron Anticanon: Judge Kavanaugh on the 'Major Rules' Doctrine." Asher Steinberg has this post at his blog, "The Narrowest Grounds."
Posted at 12:58 PM by Howard Bashman


"Anthony Kennedy's Choice: The Supreme Court's conservative swing vote faces a fateful decision." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 11:48 AM by Howard Bashman


"OT2016 #21: 'Good Snake.'" You can access this week's new episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.

In addition, Samuel and Epps appeared on this past Saturday's episode of the "Oral Argument" podcast, titled "Crossover."
Posted at 11:17 AM by Howard Bashman



"How Trump Will Transform the Federal Courts: One young judge at a time." Law professor Micah Schwartzman and Mark Joseph Stern have this jurisprudence essay online at Slate.
Posted at 11:11 AM by Howard Bashman


"Judges Doubt Trump's Travel-Ban Motives": Amy Davidson has this post online at The New Yorker.

And online at Slate, Dahlia Lithwick has a jurisprudence essay titled "Trump Poisons His Own Laws: The latest oral arguments over the administration's travel ban show how the president's words and intentions taint his agenda and the lawyers who defend it."
Posted at 11:04 AM by Howard Bashman



"Former US Solicitor General Ian Gershengorn Re-Joins Jenner & Block as a Partner In Washington, DC": Jenner & Block recently issued this news release.
Posted at 11:02 AM by Howard Bashman


"Taking Down Terrorists in Court: Zainab Ahmad has prosecuted thirteen international terrorist suspects for the American government; She hasn't lost yet." William Finnegan has this Annals of Law article in the May 15, 2017 issue of The New Yorker.
Posted at 11:00 AM by Howard Bashman


Monday, May 8, 2017

Programming note: On Tuesday, I will be returning home from Atlanta. But first, much remains to be done in Atlanta. As a result, new posts are unlikely to appear here until Wednesday morning.

In the interim, as always when I am away from the computer, more frequent appellate-related retweets likely will appear at this blog's Twitter feed.
Posted at 10:44 PM by Howard Bashman



"Judges Weigh Trump's 'Muslim Ban' Remarks at Appeals Court Hearing": Adam Liptak will have this article in Tuesday's edition of The New York Times.

Ann E. Marimow and Robert Barnes of The Washington Post report that "President Trump's lawyers on revised travel ban repeatedly asked about campaign promises."

In Tuesday's edition of The Wall Street Journal, Brent Kendall will have an article headlined "Appellate Judges Review Travel Ban; Court considers whether Trump's prior statements should be considered when deciding the case."

Alan Gomez of USA Today reports that "Federal appeals court grills Trump team over travel ban."

Andrea Noble and Stephen Dinan of The Washington Times report that "Trump attorneys ask skeptical court to look beyond 'Muslim ban' campaign rhetoric."

Frank Green of The Richmond Times-Dispatch reports that "Richmond-based appeals court grills lawyers on Trump's travel ban."

Lawrence Hurley of Reuters reports that "Judges hit Trump lawyer with tough questions over revised travel ban."

Alanna Durkin Richer of The Associated Press reports that "Travel ban arguments focus on Trump's comments about Muslims."

Josh Gerstein and Nolan D. McCaskill of Politico.com report that "Judges press Trump's lawyer on intent of travel ban reboot; Worst-case scenarios were the order of the day."

And Zoe Tillman of BuzzFeed News reports that "Trump's Muslim Ban Comments Continue To Make Defending His Executive Order In Court Difficult."

C-SPAN has posted the audio of today's en banc Fourth Circuit oral argument at this link.
Posted at 10:42 PM by Howard Bashman



"SCOTUS case will test Justice Gorsuch's appetite for class action limits": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 10:28 PM by Howard Bashman


"10 conservatives selected for federal courts as part of Trump's move to reshape judiciary": Dave Boyer of The Washington Times has this report.

Vivian Salama of The Associated Press reports that "Trump moves to get more conservatives on federal bench."

And Seung Min Kim of Politico.com reports that "Democrats take on Trump over court vacancies; Republican senators aren't willing to give the president more power to get his nominees installed."

Today, the White House issued a news release titled "President Donald J. Trump Announces Judicial Candidate Nominations."
Posted at 10:24 PM by Howard Bashman



Sunday, May 7, 2017

Programming note: On Monday, I will be attending my son's college graduation ceremony. As a result, new posts are unlikely to appear here until Monday night.

In the interim, as always while I am away from the computer, more frequent appellate-related retweets likely will appear at this blog's Twitter feed.
Posted at 09:26 PM by Howard Bashman



"Trump to Announce Slate of Conservative Federal Court Nominees": Adam Liptak will have this article in Monday's edition of The New York Times.
Posted at 09:24 PM by Howard Bashman


"Trump's revised travel ban faces legal challenges in courtrooms on both coasts": Ann E. Marimow of The Washington Post has this report.

At 2:30 p.m. eastern time on Monday, the en banc U.S. Court of Appeals for the Fourth Circuit will hear oral argument in one of the two cases. Both C-SPAN and the Fourth Circuit have promised to stream live audio feeds of the oral argument.
Posted at 09:12 PM by Howard Bashman



"Abortion Foes See Ally in Trump, but Wonder: Will He Go Far Enough?" Jeremy W. Peters had this article in Saturday's edition of The New York Times.
Posted at 09:03 PM by Howard Bashman


"The Trump Admin's Advice to Supreme Court in Copyright Case Is a True Mind-Bender; Although a 'significant legal error' has supposedly been made -- copyright holders must consider fair use before sending takedown notices -- the Acting Solicitor General tells the high court to reject a review of baby-dancing-to-Prince": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter.
Posted at 08:56 PM by Howard Bashman


"A Travel Ban's Foe: A Young Firebrand and Her Pro Bono Brigade." Miriam Jordan of The New York Times has this report.
Posted at 08:47 PM by Howard Bashman


"'The language of the law' is not actually a language": Neal Goldfarb has this interesting post at his blog, "LAWnLinguistics."
Posted at 08:44 PM by Howard Bashman


"Tempers Flare Over Removal of Confederate Statues in New Orleans": Richard Fausset of The New York Times has this report.
Posted at 08:42 PM by Howard Bashman


"The steady decline of America's death rows": Mark Berman of The Washington Post has this report.
Posted at 08:40 PM by Howard Bashman


"Fight Brews Over Push to Shield Americans in Warrantless Surveillance": Charlie Savage has this article in today's edition of The New York Times.
Posted at 08:37 PM by Howard Bashman


Saturday, May 6, 2017

"Locked Up for Being Poor": Today's edition of The New York Times contains this editorial about a ruling that Chief U.S. District Judge Lee H. Rosenthal (S.D. Tex.) issued late last month.
Posted at 11:17 AM by Howard Bashman


"Front-runner to lead Justice Department civil rights defended Abercrombie in Supreme Court discrimination case": Sari Horwitz of The Washington Post has this report.
Posted at 11:11 AM by Howard Bashman


"Nebraska Supreme Court sets precedent by ruling that some judicial records are public": Joe Duggan of The Omaha World-Herald has this report.

And Lori Pilger of The Lincoln Journal Star has an article headlined "Supreme Court: Judges' training documents are public record."

You can access yesterday's ruling of the Supreme Court of Nebraska at this link.
Posted at 11:09 AM by Howard Bashman



15 years of "How Appealing": I launched this blog on May 6, 2002. And now, tens of thousands of posts later, this blog today is marking its 15th birthday!

If you missed them, you can access my recent posts thanking this blog's amazing readers and offering some personal reflections.
Posted at 07:30 AM by Howard Bashman



Friday, May 5, 2017

"KOZINSKI, Circuit Judge, ruminating:" Today, Ninth Circuit Judge Alex Kozinski has once again invented a new type of separate opinion.
Posted at 10:00 PM by Howard Bashman


"Court revives black TV network's discrimination lawsuit": The Associated Press has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.

Back in December 2015, The News & Record of Greensboro, North Carolina reported on the dismissal of the suit in an article headlined "Judge dismisses Black Network Television lawsuit against Greensboro."
Posted at 09:44 PM by Howard Bashman



"License to Speak: The state of Oregon is abusing its authority to regulate professional services to silence its critics." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 09:25 PM by Howard Bashman


"Clarence Thomas: Sen. Danforth is 'the reason why I'm here.'" Jim Salter of The Associated Press has a report that begins, "Supreme Court Justice Clarence Thomas reunited Friday with his mentor and the man who stood beside him through a difficult confirmation hearing, telling former Missouri Sen. John Danforth he owes him his career."
Posted at 09:20 PM by Howard Bashman


"Tennessee 'natural meaning' law raises fears in LGBT community": Chris Kenning of Reuters has this report.
Posted at 09:14 PM by Howard Bashman


"A Trump Executive Order to Shrug At: The statement on religious liberty is so watered down, it's almost meaningless." Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 09:10 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: Postscript." Aaron Nielson has this post --which includes a shout-out to "How Appealing" -- today at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 09:06 PM by Howard Bashman


"Iowa Supreme Court halts state's new abortion restrictions": William Petroski of The Des Moines Register has this report.
Posted at 09:02 PM by Howard Bashman


Greetings from Atlanta: Where it is unusually cold today. Where tomorrow I will be celebrating this blog's 15th birthday. And where tomorrow night I will attend my first game at SunTrust Park, the brand new home of the Atlanta Braves. As always while I am on the road, more frequent appellate-related retweets will appear at this blog's Twitter feed.
Posted at 08:42 PM by Howard Bashman


"Anthem asks Supreme Court to review blocked Cigna deal": The Associated Press has this report.
Posted at 09:27 AM by Howard Bashman


"The Jewish Justices of the Supreme Court, from Brandeis to Kagan -- Their Lives and Legacies": The US National Archives has posted this video on YouTube. More information about the event, which occurred yesterday in Washington, DC, can be accessed here.
Posted at 09:22 AM by Howard Bashman


"Court Considers Whether DCF Can Override Parents' Objections To Vaccines": Josh Kovner of The Hartford Courant has an article that begins, "A case revolving around the state's power to have children in its care vaccinated over the parents' religious objections prompted questions Thursday from the Supreme Court about the reach of that authority, and whether, given the controversial subject, a medical review board should have weighed in."
Posted at 09:17 AM by Howard Bashman


Thursday, May 4, 2017

"Supreme Court rules police don't need warrant to get past cell phone location data": Dan Carden of The Times of Munster, Indiana has this report.

And Dave Stafford of The Indiana Lawyer reports that "Justices rule police may get cell location data without warrant."

You can access today's 3-to-2 ruling of the Supreme Court of Indiana at this link.
Posted at 07:40 PM by Howard Bashman



"Arguments heard in Carr brothers' case before state Supreme Court": Jonathan Shorman of The Wichita Eagle has this report.

And Steve Fry of The Topeka Capital-Journal reports that "Cases of Jonathan Carr, Reginald Carr return to Kansas Supreme Court; Carrs want prison terms, blame one another."
Posted at 07:30 PM by Howard Bashman



"Utah Supreme Court's first female judge retiring from the bench": Pamela Manson of The Salt Lake Tribune has this report.
Posted at 07:25 PM by Howard Bashman


"Who is Arizona's second-most famous U.S. Supreme Court justice?" Columnist Mark Nothaft has this essay online at The Arizona Republic.
Posted at 07:22 PM by Howard Bashman


"Yellowhammer's Exclusive Interview with Alabama Supreme Court Chief Justice Lyn Stuart": Yellowhammer News has posted online this interview.
Posted at 07:14 PM by Howard Bashman


"Combating the Ninth Circuit Judicial Vacancy Crisis": Law professor Carl W. Tobias has this article at Washington and Lee Law Review Online.
Posted at 07:08 PM by Howard Bashman


"Supreme Court Protesters Plead Guilty To Misdemeanor Charges": Zoe Tillman of BuzzFeed News has this report.
Posted at 04:43 PM by Howard Bashman


"Hogan Lovell's Katyal on Gorsuch, Diversity and the President's 'Corrosive' Influence": Casey Sullivan of Bloomberg BNA has this report.
Posted at 03:46 PM by Howard Bashman


"Court challenges to Trump policies may multiply": Richard Wolf of USA Today has this report.
Posted at 03:09 PM by Howard Bashman


15 years of "How Appealing" -- Reflections from the author: On Saturday, May 6, 2017, this blog will celebrate its 15th birthday. Fittingly, I will be in Atlanta then, looking forward to attending a baseball game with my family that evening at SunTrust Park, the St. Louis Cardinals at the Atlanta Braves. This weekend's focus will be, as it should be, on my son, who on Monday will graduate from college and who, in the fall, will embark on his law school career.

During the 15 years that this blog has been in existence, five justices have departed from, and another five justices have joined, the U.S. Supreme Court. This blog chronicled it all. The Philadelphia Phillies reached the World Series twice, winning once. This blog chronicled that, too. Over the past 15 years, my wife and I have celebrated our 15th, 20th, and 25th wedding anniversaries. My son was 7 years old when this blog began; today he is 22. In February 2004, I decided to launch my solo appellate practice in suburban Philadelphia, and every year has been better than the last. Aside from everything else that my solo appellate practice has allowed me to do, it also afforded more time for me to spend both with my family and publishing posts here at "How Appealing."

Over the past decade and a half, this blog has posted countless installments of "In Bashman News from Australia" and far fewer installments of "In Bashman Newz from New Zealand." One of my favorite instances of "Bashman News" during this blog's tenure originated from London in this article, which I'm not sure I previously linked to.

During this blog's lifespan, I have learned that this blog's readers include both Chief Justice John G. Roberts, Jr. and a man who really wants to visit his local public library without wearing shoes. For me, meeting so many of this blog's readers in person has been one of the greatest rewards of this endeavor. Here's hoping I can meet many more of you in the years ahead.

Finally, thanks to all of this blog's readers who have already sent emails to appellateblog@hotmail.com describing what "How Appealing" means to them, why they read this blog, what they like or dislike about it, or describing a moment in the history of this blog that was memorable for them. I will begin publishing those emails on Wednesday of next week, so that you can see for yourselves what a wonderful group of readers this blog is fortunate to have. Thanks again for making this possible!
Posted at 03:00 PM by Howard Bashman



"Rev. Paul Scalia, son of Supreme Court justice Antonin Scalia, on faith and doubt": Joe Heim will have this Q&A in this Sunday's edition of The Washington Post Magazine.
Posted at 01:33 PM by Howard Bashman


"Top Kansas court to revisit death penalty in Wichita murders": John Hanna of The Associated Press has this report.
Posted at 01:00 PM by Howard Bashman


"Police Don't Need a Search Warrant to Use Your Cell Phone Records to Track Your Location. Will SCOTUS Do Something About it? The Supreme Court is asked to give the third-party doctrine a second look." Damon Root has this post at Reason.com's "Hit & Run" blog.
Posted at 12:09 PM by Howard Bashman


"If retail politics doesn't kill this $1 trillion tax, the Supreme Court should": Theodore B. Olson has this essay online at The Washington Post.
Posted at 12:06 PM by Howard Bashman


"What's Left for Supreme Court this Term?" Kimberly Robinson of Bloomberg BNA has this report.
Posted at 12:02 PM by Howard Bashman


"Puerto Rico's bankruptcy fate is now up to Chief Justice John Roberts": Nathan Bomey of USA Today has this report.
Posted at 11:58 AM by Howard Bashman


"Rumors surround Justice Kennedy exit, but he's not talking": Mark Sherman of The Associated Press has this report.
Posted at 07:50 AM by Howard Bashman


Wednesday, May 3, 2017

"Plaintiff in landmark same-sex marriage case urges Haslam to veto 'natural meaning' bill": Kirk A. Bado of The Tennessean has this report.

And Jonathan Mattise of The Associated Press reports that "Gay marriage plaintiff urges opposition to Tennessee bill."
Posted at 09:00 PM by Howard Bashman



"Legal Fight Could Make Kentucky Only State With No Abortion Clinic": Sheryl Gay Stolberg has this article in today's edition of The New York Times.
Posted at 08:23 PM by Howard Bashman


"SEC loses appeal in case challenging administrative law judges": Nate Raymond of Reuters has a report that begins, "A federal appeals court on Wednesday rejected the U.S. Securities and Exchange Commission's request that it reconsider a ruling holding that its in-house administrative judges are not constitutionally appointed."

You can access today's order of the U.S. Court of Appeals for the Tenth Circuit denying rehearing en banc, and the dissent therefrom, at this link.
Posted at 08:03 PM by Howard Bashman



"A Conservative Federal Appeals Judge Won't Hear Arguments On The Travel Ban Case": Zoe Tillman of BuzzFeed News has this report on the appeal pending in the U.S. Court of Appeals for the Fourth Circuit.

A note to readers: I ordinarily opt to reproduce the entire headline or title of newspaper articles and other writings that I link to online. However, BuzzFeed News for whatever reason frequently opts for sub-heads that are inordinately long, which is why lately I have been omitting them. By the end of the second line of the four-line sub-head of this article, the headline notes that the jurist who is expected to be recused is Circuit Judge J. Harvie Wilkinson III.
Posted at 04:38 PM by Howard Bashman



"Code Pink Protesters at Sessions Hearing Could Face Year in Prison": Christopher Mele of The New York Times has this report.
Posted at 02:22 PM by Howard Bashman


"Gorsuch shows an independent streak to begin life at Supreme Court": Ariane de Vogue of CNN.com has this report.
Posted at 02:10 PM by Howard Bashman


"American Airlines must face revived lawsuit over delayed baggage": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 02:03 PM by Howard Bashman


"Pugh names federal Judge Andre Davis as Baltimore's new city solicitor": Luke Broadwater and Ian Duncan of The Baltimore Sun have this report.

And at the "Maryland Appellate Blog," Steve Klepper has a post titled "Fourth Circuit Senior Judge Andre Davis to Become Baltimore City Solicitor."
Posted at 01:54 PM by Howard Bashman



15 years of "How Appealing" -- A tribute to this blog's amazing readers: On Saturday, May 6, 2017, this blog will celebrate its 15th birthday. This blog would not have lasted one year, let alone 15, without you, this blog's amazing readers, who make this labor of love worthwhile.

Tomorrow, I intend to publish a post offering my own reflections on the past 15 years of "How Appealing." But first, and more importantly, I wanted to thank you for making this all possible.

One of the true joys of operating this blog is meeting readers, whether at speaking engagements, appellate events, or even approaching airport security in Philadelphia when someone recognizes my name on a carry-on luggage tag.

To commemorate this blog's upcoming 15th birthday, I have one request of this blog's readers. Send me a quick email describing what "How Appealing" means to you, why you read this blog, what you like or dislike about it, or describing a moment in the history of this blog that was memorable for you.

I will begin publishing these emails, one per day, on Wednesday, May 10, 2017. Please state in your email whether I can include your name. As always, I can be reached by email at this blog's email address, appellateblog@hotmail.com.

This blog has published numerous reader emails over its 15-year history, but I have neglected to do that as much recently. With your assistance, this is about to change, in recognition of the fact that this blog would not be what it is today without you. And for that, I cannot thank this blog's readers enough.
Posted at 10:44 AM by Howard Bashman



"One Day in the Life of One State Court Appellate Judge": Judge Samuel A. Thumma of the Arizona Court of Appeals has this article (subscription required for full access) in the Spring 2017 issue of The Judges' Journal, a publication of the Judicial Division of the American Bar Association.
Posted at 10:12 AM by Howard Bashman


"Justice Dept. mum on appeal in sanctuary cities case": Josh Gerstein of Politico.com has this blog post.
Posted at 08:56 AM by Howard Bashman


Tuesday, May 2, 2017

"Trump's Right, the Constitution Is 'Archaic'": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 10:18 PM by Howard Bashman


"Court Should Reconsider Fertility Drug Birth Defect Claims, 10th Circuit Rules": Ryan Borchers of Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 10:08 PM by Howard Bashman


"Portland cabbie who accused city of bias against white drivers loses court appeal": Jake Bleiberg of The Bangor Daily News has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued yesterday.
Posted at 04:49 PM by Howard Bashman


"Two Weeks In, How Is Gorsuch Shaping The Supreme Court?" This audio segment featuring Chris Geidner of BuzzFeed News appeared on today's broadcast of NPR's "Here & Now."
Posted at 03:08 PM by Howard Bashman


"The Justices in Oral Arguments 2016": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 03:04 PM by Howard Bashman


Eighth Circuit Judges disagree over the proper use of FRAP 28(i): Fortunately, a U.S. District Judge sitting by designation was on the three-judge panel and available to break the tie. You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 01:56 PM by Howard Bashman


"Judge argues net neutrality violates the free speech rights of . . . internet providers": Devin Coldewey has this post at TechCrunch.
Posted at 01:36 PM by Howard Bashman


"Not 'moot' after all: Court reinstates couple's damages claim against Kim Davis." John Cheves of The Lexington (Ky.) Herald-Leader has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 01:32 PM by Howard Bashman


"Supreme Court Rules Miami Can Sue for Predatory Lending": 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 says cities can sue big banks over housing bubble damages."

David G. Savage of The Los Angeles Times reports that "Supreme Court clears the way for cities, including L.A., to sue banks over foreclosure crisis."

In today's edition of The Wall Street Journal, Brent Kendall and Jess Bravin have an article headlined "Miami Lawsuit Against Mortgage Lenders Survives Supreme Court Review; High court rules Miami eligible to sue banks, but must show mortgage lenders caused harm to city "

Richard Wolf of USA Today reports that "Supreme Court says cities can sue banks over predatory loans."

In today's edition of The Miami Herald, Lance Dixon and David Smiley have a front page article headlined "Miami can sue big banks for predatory lending, Supreme Court rules."

Lawrence Hurley of Reuters reports that "U.S. top court says cities can sue over predatory lending but sets high bar."

Greg Stohr of Bloomberg News reports that "Supreme Court Orders New Look at Bias Lawsuits Against Banks."

Cristian Farias of HuffPost reports that "Cities Too Can Be Victims Of Housing Discrimination, Supreme Court Rules; But proving that banks' misconduct harmed the cities directly will be an uphill battle."

And online at Slate, Mark Joseph Stern has a jurisprudence essay titled "Will Fair Housing Stay Fair? The Supreme Court's ruling in Bank of America v. Miami strengthened the Fair Housing Act -- for now."
Posted at 01:23 PM by Howard Bashman



Monday, May 1, 2017

"Circuit Court Nominees In The Trump Administration: A Nationwide Round-Up; Names, names, and more names, for federal judgeships around the country." David Lat has this post at "Above the Law."
Posted at 11:18 PM by Howard Bashman


"Supreme Court to Explore Power of Congress to Affect Lawsuits; Separation of powers between branches is at issue": Todd Ruger of Roll Call has this report.
Posted at 10:20 PM by Howard Bashman


"Madison lawyer Tim Burns announces Wisconsin Supreme Court run for Michael Gableman's seat": Patrick Marley of The Milwaukee Journal Sentinel has this report.

Molly Beck of The Wisconsin State Journal reports that "Madison attorney announces bid for state Supreme Court."

And Jessie Opoien of The Capital Times of Madison, Wisconsin reports that "Madison attorney Tim Burns will run for Michael Gableman's state Supreme Court seat in 2018."
Posted at 10:18 PM by Howard Bashman



"Split 5th Circ. Denies Bass Pro Discrimination Rehearing Bid": Matthew Perlman of Law360.com has an article (subscription required for full access) that begins, "Bass Pro Outdoor World's bid for a rehearing of the Equal Employment Opportunity Commission's suit alleging the retailer discriminated against minorities when hiring was denied Friday after the Fifth Circuit split evenly over the issue in a poll."

You can access Friday's order of the U.S. Court of Appeals for the Fifth Circuit denying rehearing en banc by an evenly divided 7-to-7 vote, and the opinions concurring in and dissenting from that order, at this link. And the original three-judge panel's unanimous opinion issued in June 2016, which remains good law, can be accessed here.
Posted at 09:56 PM by Howard Bashman



"Gorsuch, in Sign of Independence, Is Out of Supreme Court's Clerical Pool": Adam Liptak of The New York Times has an article that begins, "In an early sign of Justice Neil M. Gorsuch's independence and work ethic, he has decided not to join a labor pool at the Supreme Court in which justices share their law clerks in an effort to streamline decisions about which cases to hear."
Posted at 06:03 PM by Howard Bashman


In the May 8, 2017 issue of The New Yorker magazine: In the Talk of the Town section, Jelani Cobb has a Comment headlined "The Banal Horror of Arkansas's Executions: With the state's supply of the sedative midazolam due to expire, the proposed schedule came to resemble a lethal clearance sale."

And Evan Osnos has an article headlined "How Trump Could Get Fired: The Constitution offers two main paths for removing a President from office; How feasible are they?"
Posted at 05:22 PM by Howard Bashman



"U.S. appeals court will not rehear 'net neutrality' challenge": David Shepardson and Lawrence Hurley of Reuters have this report.

And Sam Hananel of The Associated Press reports that "Appeals court won't reconsider net neutrality ruling."

You can access today's order of the U.S. Court of Appeals for the D.C. Circuit denying rehearing en banc, and the opinions concurring in and dissenting from that order, at this link.
Posted at 05:14 PM by Howard Bashman



"Pa. Appeals Court Deadlocks On $21M Bad Faith Award": Dan Packel of Law360.com has this report (subscription required for full access) in which I am quoted.
Posted at 04:08 PM by Howard Bashman


"The Myth of the Neutral Expert: In the context of a capital trial, is there any such thing?" Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 03:42 PM by Howard Bashman


"How Slow Pace of Justice Is Harmful: Texas Edition." Online at Bloomberg View, law professor Noah Feldman has an essay that begins, "What if the U.S. Supreme Court issued a landmark abortion rights ruling -- and nothing changed?"
Posted at 03:39 PM by Howard Bashman


Try, try again: One of the two appeals that I argued before the same three-judge panel of the Superior Court of Pennsylvania on February 2, 2016 in Harrisburg -- both of which have yet to be decided -- has resulted in a deadlock between the two remaining judges after the third judge on the panel recused himself.

As a result, the case has been scheduled for panel reargument in Philadelphia on October 10, 2017. Because there are numerous other Pa. Superior Court panels that are scheduled to hear oral arguments in Harrisburg and Philadelphia between now and October, my best guess is that the October 10th panel will consist of the two non-recused judges from the current panel and a third, yet-to-be-disclosed judge who is already assigned to sit on that panel.

The judge who recused himself made absolutely the right call, as he had not until the eve of oral argument focused on the fact -- due to being extremely busy with other work -- that the insurance company-defendant that was seeking to overturn a large judgment against it in this matter was the same insurance company at which his daughter was employed.

I have been working as an appellate attorney in Pennsylvania for more than 25 years, and this is the first time an appeal I have worked on has had to be reargued due to the inability of the original panel to reach a decision.
Posted at 01:44 PM by Howard Bashman



"OT2016 #20: 'Who Is Calling Justice Breyer?'" You can access today's new episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 10:25 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 Stephen G. Breyer delivered the opinion for a unanimous Court (Justice Neil M. Gorsuch not participating) in Bolivarian Republic of Venezuela v. Helmerich & Payne Int'l Drilling Co., No. 15-423. You can access the oral argument via this link.

2. And Justice Breyer delivered the opinion of the Court in Bank of America Corp. v. Miami, No. 15-1111. Justice Clarence Thomas issued an opinion concurring in part and dissenting in part, in which Justices Anthony M. Kennedy and Samuel A. Alito, Jr. joined. Justice Gorsuch did not participate in the ruling. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Supreme Court: Cities can sue banks under fair housing law" and "Justices give Venezuela another chance to toss oil rig case."
Posted at 10:04 AM by Howard Bashman



"Conservatives prepare for Justice Anthony Kennedy's retirement": Ariane de Vogue and Joan Biskupic of CNN.com have this report.
Posted at 09:58 AM by Howard Bashman


"A POTUS-SCOTUS get-together? Past decisions, current cases could make it a little awkward." Robert Barnes of The Washington Post has this report.
Posted at 09:56 AM by Howard Bashman


"Sent to Prison by a Software Program's Secret Algorithms": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 09:52 AM by Howard Bashman


"Judicial Confirmations Reached Historic Lows Under Obama": Aebra Coe of Law360.com has an article (subscription required for full access) that begins, "The U.S. Senate confirmed a smaller percentage of President Barack Obama's district and circuit court nominees during his eight years than any other two-term president going back to Harry S. Truman, according to a recent report by the Congressional Research Service."

You can access the Congressional Research Service report at this link.
Posted at 09:42 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, Greg Stohr of Bloomberg News reports that "Gay-Conversion Therapy Ban Survives as Supreme Court Rejects Appeal."

And The Associated Press reports that "Justices won't hear challenge over Alaska polar bear habitat" and "Justices reject appeal in California police shooting lawsuit."
Posted at 09:34 AM by Howard Bashman







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