How Appealing

Friday, June 30, 2017

"Here's why US Supreme Court Chief Justice John Roberts was in Lancaster this morning": Heather Stauffer of LNP has this report.

Mark Scolforo of The Associated Press has a report headlined "Can mention of Kim K help make legal point? Roberts says yes."

And Zoe Tillman of BuzzFeed News reports that "Facing A Room Of Judges, Chief Justice John Roberts Steers Clear Of Trump."
Posted at 11:58 PM by Howard Bashman



"Reminder from 3rd Circuit: Government lawyers' free speech rights are restricted." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 11:55 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: Welcome to Lancaster." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 11:52 PM by Howard Bashman


"SCOTUS Success 2016": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 11:48 PM by Howard Bashman


"Harvard Law School establishes professorship in honor of Justice Antonin Scalia '60": Harvard Law Today has this report.
Posted at 11:44 PM by Howard Bashman


"DOJ's curious Supreme Court brief in Arab Bank Alien Tort case": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 11:38 PM by Howard Bashman


"Clarence Thomas saw the travel ban confusion coming": Ariane de Vogue of CNN.com has this report.
Posted at 11:36 PM by Howard Bashman


"Mississippi man takes Confederate flag fight to high court": Emily Wagster Pettus of The Associated Press has this report.
Posted at 12:04 AM by Howard Bashman


Thursday, June 29, 2017

"Baker in Supreme Court wedding cake case says 'I don't judge'": Allie Yang of ABC News has this report.
Posted at 11:58 PM by Howard Bashman


"Administration Moves to Carry Out Partial Travel Ban": Gardiner Harris and Michael D. Shear of The New York Times have this report.

And Carol Morello of The Washington Post reports that "Travel ban takes effect as State Department defines 'close family.'"
Posted at 11:38 PM by Howard Bashman



"Lawyerly Lairs: Justice Neil Gorsuch's House, On The Market For $1.7 Million; This house is handsome and conservative -- just like its owner, Justice Neil 'Silver Fox' Gorsuch." David Lat has this post at "Above the Law."
Posted at 11:02 PM by Howard Bashman


"Stunning drop in federal plaintiffs' win rate is complete mystery -- new study": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 10:50 PM by Howard Bashman


"10th Circuit Finds 'Dateline' Expose 'Mostly True'": Emma Gannon of Courthouse News Service has this report on a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued yesterday.
Posted at 10:48 PM by Howard Bashman


"Law Firm Not Liable for $1.5B Loan Gaffe": Lorraine Bailey of Courthouse News Service has an article that begins, "Entities that lent General Motors $1.5 billion before it went bankrupt cannot sue GM's law firm, Mayer Brown, for accidentally cancelling the collateral on the loan, the Seventh Circuit ruled."

You can access yesterday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 10:44 PM by Howard Bashman



"Notre Dame prof, an appeals court nominee, deserves support": Law professor Jennifer Mason McAward has this essay online at The South Bend Tribune.
Posted at 12:50 AM by Howard Bashman


"Trump's judicial nominee from Louisville ducks questions about his controversial blog posts": Andrew Wolfson of The Courier-Journal of Louisville, Kentucky has this report.
Posted at 12:48 AM by Howard Bashman


"11th Circ. OKs Search By Disguised Officers In Fraud Case": Steven Trader of Law360.com has this report (subscription required for full access) on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued on Wednesday.
Posted at 12:40 AM by Howard Bashman


"Appeals court lifts Ohio executions injunction": Jim Provance of The Toledo Blade has this report.

Eric Heisig of The Cleveland Plain Dealer reports that "Ohio can use three-drug combination to resume executing those on death row, appeals court says."

Alan Johnson of The Columbus Dispatch reports that "US Supreme Court will be asked to halt Ohio executions."

Lisa Cornwell and Kantele Franko of The Associated Press report that "Appeals court ruling opens door to Ohio resuming executions."

And Chris Kenning of Reuters reports that "U.S. appeals court lifts injunction against Ohio executions."

You can access Wednesday's 8-to-6 en banc ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 12:18 AM by Howard Bashman



"Arrest made after Ten Commandments monument at Arkansas Capitol toppled, shattered": Emma Pettit of The Arkansas Democrat-Gazette has this report.

And Steve Barnes of Reuters reports that "Man smashes Arkansas Capitol's new Ten Commandments monument."
Posted at 12:03 AM by Howard Bashman



Wednesday, June 28, 2017

"Widespread uncertainty as U.S. travel ban start looms": Mica Rosenberg, Andrew Chung, and Yeganeh Torbati of Reuters have this report.

And Tuvan Gumrukcu and Khaled Abdelaziz of Reuters report that "Revived U.S. travel ban sows confusion, anger in Middle East."
Posted at 11:58 PM by Howard Bashman



"NC magistrates can continue to refuse to marry gay couples after court ruling": Jim Morrill and Michael Gordon of The Charlotte Observer have this report.

And Jonathan Drew of The Associated Press reports that "Gay marriage-recusal law survives federal court challenge."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 11:54 PM by Howard Bashman



"Will Chief Justice Roberts save same-sex marriage?" Law professor Tim Holbrook has this essay at CNN.com.
Posted at 11:50 PM by Howard Bashman


"This should be interesting: a Porngate-related Third Circuit oral argument." Matthew Stiegler has this post at his "CA3blog."
Posted at 11:44 PM by Howard Bashman


"Canada's top court upholds worldwide injunction against Google": Sean Fine of The Toronto Globe and Mail has an article that begins, "The Supreme Court has ordered Google to drop a company's websites from its search engine, not just in Canada but around the world, in a landmark case on the protection of intellectual property in the Internet age."

Jack Nicas of The Wall Street Journal reports that "Google Must Remove a Search Result Globally, Canada Court Rules; Google said it's reviewing decision and evaluating next steps."

Leah Schnurr of Reuters reports that "Canada's top court rules Google must block some results worldwide."

The Canadian Press has a report headlined "'Internet has no borders,' Supreme Court of Canada says in ruling against Google."

Mike Laanela of CBC News reports that "Canada's top court backs order for Google to remove firm's website from global searches; 'We have just beaten Google in the Supreme Court of Canada. It's about as good as it gets.'"

Joe Mullin of Ars Technica reports that "Google must alter worldwide search results, per orders from Canada's top court; Vancouver tech company seeks to de-list a website selling alleged counterfeits."

And at the "THR, Esq." blog of The Hollywood Reporter, Ashley Cullins has a post titled "Google Stuck With Worldwide Injunction in Canadian Legal Fight; 'We have not, to date, accepted that freedom of expression requires the facilitation of the unlawful sale of goods,' states the opinion."

You can access today's 7-to-2 ruling of the Supreme Court of Canada at this link.
Posted at 09:08 PM by Howard Bashman



"Feds give up fight against Redskins trademarks": Josh Gerstein of Politico.com has this blog post.
Posted at 08:53 PM by Howard Bashman


"BPI claims settlement with ABC 'vindicates' Dunes firm's beef product": Nick Hytrek of The Sioux City (Iowa) Journal has this report.

And Timothy Mclaughlin of Reuters reports that "ABC TV settles with beef product maker in 'pink slime' defamation case."
Posted at 08:50 PM by Howard Bashman



"Unlocking the Mysteries of the Supreme Court's Entry Ban Case": Marty Lederman has this post at the "Take Care" blog.
Posted at 12:18 PM by Howard Bashman


Electronic highway toll collection -- inexpensive and convenient, until it's not: On Tuesday, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued an opinion that explained, "The Plaintiffs in this case, who were assessed fees totaling hundreds and in some cases thousands of dollars after they repeatedly refused to pay tolls, contend that the $25 administrative fee violates their right to substantive due process under the Fourteenth Amendment."

A federal district court ruled that the $25 fee did not violate the plaintiffs' substantive due process rights, and yesterday a unanimous three-judge Fifth Circuit panel agreed.
Posted at 12:09 PM by Howard Bashman



"Consensus Marks Supreme Court Term; Chief justice steered court to high-profile decisions that were viewed as measured": Jess Bravin and Brent Kendall have this article in today's edition of The Wall Street Journal.
Posted at 12:03 PM by Howard Bashman


"Democrats fume over early Gorsuch rulings; Conservative moves by the new Supreme Court justice draw mixed reviews": Josh Gerstein of Politico.com has this report.
Posted at 12:00 PM by Howard Bashman


"Court upholds SF law on deceptive pregnancy clinic marketing": Dominic Fracassa of The San Francisco Chronicle has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued on Tuesday.
Posted at 12:30 AM by Howard Bashman


Tuesday, June 27, 2017

"As a jurist formerly known as reasonable, I disagree." Today, Senior D.C. Circuit Judge Stephen F. Williams issued a dissenting opinion that begins, "My colleagues have determined that no 'jurists of reason would find . . . debatable' whether Carlton Blount's habeas petition is timely. As a jurist formerly known as reasonable, I disagree."
Posted at 11:57 PM by Howard Bashman


"What the Supreme Court's Travel Ban Ruling Means in Practice": Jonathan Blitzer has this post online at The New Yorker.
Posted at 11:42 PM by Howard Bashman


"Goodbye, Establishment Clause: The Supreme Court's ruling in Trinity Lutheran v. Comer threatens to obliterate the divide between church and state." Perry Grossman and Mark Joseph Stern have this jurisprudence essay online at Slate.

Online at Bloomberg View, law professor Noah Feldman has an essay titled "Supreme Court Weakens Wall Between Church and State: Allowing a Missouri church to receive state money for playground resurfacing opens the door to other payments."

And online at The Atlantic, law professor Garrett Epps has an essay titled "A Major Church-State Ruling That Shouldn't Have Happened: In Trinity v. Comer, there was no remaining dispute between the actual parties -- and both the majority opinion and the leading dissent got the issue wrong."
Posted at 11:37 PM by Howard Bashman



"Justice Gorsuch Wastes No Time Stirring Up Trouble: His dissent in a gay-rights case reads like a rallying cry for conservative resistance." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:30 PM by Howard Bashman


"U.S. High Court lets stand Philly ruling on gun ownership by people convicted of minor crimes": Joseph A. Slobodzian of The Philadelphia Inquirer has this report.
Posted at 11:20 PM by Howard Bashman


"Supreme Court Turns Down Case on Carrying Guns in Public": Adam Liptak has this article in today's edition of The New York Times.

Jess Bravin of The Wall Street Journal reports that "Supreme Court Refuses to Review California Concealed-Weapon Restrictions; Move frustrates gun activists who saw case as path to expand individual right to possess firearms."

Richard Wolf of USA Today reports that "Supreme Court won't rule on carrying guns in public."

Andrea Noble of The Washington Times reports that "Stung by denial, gun rights advocates vow to bring other concealed carry cases before Supreme Court."

And in today's edition of The San Diego Union-Tribune, Dana Littlefield and Kristina Davis have a front page article headlined "Supreme Court declines review of San Diego concealed-weapons case."
Posted at 11:15 PM by Howard Bashman



"Gorsuch Joins Thomas as Supreme Court's New Conservative Anchor": Greg Stohr of Bloomberg News has this report.
Posted at 08:09 PM by Howard Bashman


"Supreme Court term ended much different than it began": Mark Sherman of The Associated Press has this report.
Posted at 08:06 PM by Howard Bashman


"Supreme Court's recent unity faces looming test": Lawrence Hurley of Reuters has this report.
Posted at 07:44 PM by Howard Bashman


"With 3 Words, Supreme Court Opens a World of Uncertainty for Refugees": Miriam Jordan of The New York Times has this report.
Posted at 07:42 PM by Howard Bashman


"That's a SCOTUS Wrap": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 07:40 PM by Howard Bashman


"Gorsuch is the new Scalia, just as Trump promised": Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online at The Los Angeles Times.
Posted at 07:38 PM by Howard Bashman


"A Cautious Supreme Court Sets a Modern Record for Consensus": Adam Liptak of The New York Times has this report.
Posted at 07:35 PM by Howard Bashman


Access today's Order List of the U.S. Supreme Court: At this link. The Court granted review in five new cases. And Neil M. Gorsuch has been assigned as the Circuit Justice for the U.S. Court of Appeals for the Eighth Circuit.
Posted at 10:28 AM by Howard Bashman


"Minor league baseball players lose appeal over wages": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued on Monday.
Posted at 12:18 AM by Howard Bashman


Monday, June 26, 2017

"Justice Neil Gorsuch delivering as Trump's promised conservative": Ariane de Vogue of CNN.com has this report.
Posted at 11:30 PM by Howard Bashman


"Corporate Whistle-Blower Case Gets U.S. Supreme Court Scrutiny": Greg Stohr of Bloomberg News has this report.
Posted at 11:28 PM by Howard Bashman


"SEC wins latest round over how its judges are appointed": Sarah N. Lynch of Reuters has this report on an order affirming by an equally divided en banc court that the U.S. Court of Appeals for the D.C. Circuit issued today.

And at the "Notice & Comment" blog of the Yale Journal on Regulation, Aaron Nielson has a post titled "D.C. Circuit Review -- Reviewed: SEC ALJs = SCOTUS-Bound."
Posted at 11:17 PM by Howard Bashman



"SCOTUS Splits the Travel Ban Baby: The Supreme Court's ruling doesn't make much sense as a matter of law; That may be good for Donald Trump." Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.

Online at Bloomberg View, law professor Noah Feldman has an essay titled "Be Wary of a Compromise on Trump's Travel Ban; The Supreme Court agrees to hear the case in the fall, but looks to be wiggling its way out of a politically charged ruling."

And online at The Atlantic, law professor Garrett Epps has an essay titled "Trump's Limited Travel Ban Victory: The Supreme Court granted review of the president's travel ban in October, but the Court clearly hopes -- and strongly hints -- that the case will be moot by then."
Posted at 11:02 PM by Howard Bashman



"A Sixth Circuit-Themed Primer on the Marks Doctrine, and an Endorsement of a Proposal to Overhaul Marks": Asher Steinberg has this post at his blog, "The Narrowest Grounds."
Posted at 10:58 PM by Howard Bashman


Access today's rulings of the U.S. Supreme Court in argued cases: Justice Clarence Thomas delivered the opinion of the Court in Davila v. Davis, No. 16-6219. Justice Stephen G. Breyer issued a dissenting opinion, in which Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan joined. You can access the oral argument via this link.

Justice Anthony M. Kennedy delivered the opinion of the Court in California Public Employees' Retirement System v. ANZ Securities, Inc., No. 16-373. Justice Ginsburg issued a dissenting opinion, in which Justices Breyer, Sotomayor, and Kagan joined. You can access the oral argument via this link.

Chief Justice John G. Roberts, Jr. delivered the opinion of the Court (except as to a single footnote) in Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577. Justice Thomas issued an opinion concurring in part, in which Justice Neil M. Gorsuch joined. Justice Gorsuch issued an opinion concurring in part, in which Justice Thomas joined. Justice Breyer issued an opinion concurring in the judgment. And Justice Sotomayor issued a dissenting opinion, in which Justice Ginsburg joined. You can access the oral argument via this link.

The Court issued a per curiam decision in Trump v. International Refugee Assistance Project, No. 16-1436. Justice Thomas dissented in part, joined by Justices Alito and Gorsuch. The case will be argued in the first oral argument session of October Term 2017.

The Court also issued a per curiam decision in Hernandez v. Mesa, No. 15-118. Justice Thomas issued a dissenting opinion. And Justice Breyer issued a dissenting opinion, in which Justice Ginsburg joined. You can access the oral argument via this link.

Finally, the Court announced that the two remaining undecided argued cases, which were argued before Justice Gorsuch joined the Court, will be reargued next Term.
Posted at 10:04 AM by Howard Bashman



"Will Supreme Court retirement bring 'Kennedy Court' to an end?" Law professor Erwin Chemerinsky has this essay online at The Sacramento Bee.
Posted at 09:58 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. And the Court sought the views of the Acting Solicitor General in four cases.

In Pavan v. Smith, No. 16-992, the Court issued a per curiam reversal of the judgment of the Supreme Court of Arkansas. Justice Neil M. Gorsuch issued a dissent, in which Justices Clarence Thomas and Samuel A. Alito, Jr. joined.

In Hicks v. United States, No. 16-7806, Justice Gorsuch concurred in the remand for further consideration in light of the position asserted by the Acting Solicitor General. And Chief Justice John G. Roberts, Jr. issued a dissent, in which Justice Thomas joined.

In Mathis v. Shulkin, No. 16-677, Justice Sonia Sotomayor issued a statement respecting the denial of certiorari. And Justice Gorsuch issued a dissent from the denial of certiorari.

In Peruta v. California, No. 16-894, Justice Thomas issued a dissent, in which Justice Gorsuch joined, from the denial of certiorari.

Lastly, in Bay Point Properties, Inc. v. Mississippi Transp. Comm'n, No. 16-1077, Justice Gorsuch issued a dissent, in which Justice Thomas joined, from the denial of certiorari.

In early news coverage, Greg Stohr of Bloomberg News reports that "Religious Objections to Gay Marriage Get U.S. Supreme Court Hearing."

And The Associated Press reports that "Justices turn away appeal in Somali torture case."
Posted at 09:32 AM by Howard Bashman



Sunday, June 25, 2017

"How Does the Supreme Court Feel About Feelings? The travel ban and a Mississippi gay-rights case show how the law is divided over religious rights." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:50 PM by Howard Bashman


"U.S. asks Supreme Court to take up Microsoft fight over email privacy": Jackie Wattles and Jose Pagliery of CNNMoney.com have this report.
Posted at 11:48 PM by Howard Bashman


"Kennedy stays quiet on whether he'll retire at end of Supreme Court term": Eliana Johnson of Politico.com has this report.

And at "Above the Law," David Lat has a post titled "No, Justice Anthony M. Kennedy Is Not Retiring Tomorrow; Based on this weekend's reunion of his law clerks, reports of AMK's retirement are greatly exaggerated."
Posted at 11:42 PM by Howard Bashman



Seventh Circuit reverses entry of summary judgment against federal pretrial detainee dismissing his claim based on res ipsa loquitur against the federal government for for injuries he sustained when he fell off a stool at a federal courthouse: You can access Friday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 11:32 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: Things are Heating Up." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 09:30 PM by Howard Bashman


"Justice Gorsuch: What We Know and What We Should Expect." Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 01:48 PM by Howard Bashman


"Anthony Kennedy retirement watch at a fever pitch": Ariane de Vogue of CNN.com has this report.
Posted at 10:40 AM by Howard Bashman


Greetings from San Francisco: Where this afternoon, I will be making my first visit to AT&T Park, to watch the San Francisco Giants host the New York Mets.

And where tomorrow at 9:15 a.m. pacific time, I will be taking a guided tour of the historic James R. Browning U.S. Courthouse -- headquarters of the U.S. Court of Appeals for the Ninth Circuit.

As always while I am on the road, additional appellate related retweets are likely to appear on this blog's Twitter feed.
Posted at 10:36 AM by Howard Bashman



Saturday, June 24, 2017

"Justices Side With Immigrant Who Got Bad Legal Advice": 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 gives second chance to man facing deportation because of bad lawyering."

Michael Collins of The Commercial Appeal of Memphis, Tennessee reports that "Supreme Court gives Memphis restaurant owner second chance in drug, deportation case."

Lawrence Hurley of Reuters reports that "U.S. top court sides with immigrant over faulty legal advice."

Mark Sherman of The Associated Press reports that "Supreme Court sides with immigrants over bad legal advice."

And Chris Geidner of BuzzFeed News reports that "Supreme Court Decides Cases Affecting Immigrants And Landowners' Rights."
Posted at 11:28 AM by Howard Bashman



"Supreme Court Rules Against Owner in Land-Use Case; The rejection of a Wisconsin family's argument concerning land on the St. Croix River strengthens environmental land-use rules": Jess Bravin of The Wall Street Journal has this report.

Bruce Vielmetti of The Milwaukee Journal Sentinel reports that "U.S. Supreme Court rules against Wisconsin cottage owners."

Kevin Giles of The Minneapolis Star Tribune reports that "High court denies Wisconsin family's argument in St. Croix River property case; The St. Croix River case pitted individual property rights against government regulation."

Greg Stohr of Bloomberg News reports that "Property Rights Curbed by Top U.S. Court in Development Case."

Sam Hananel of The Associated Press reports that "Justices side with government in property rights case."

Andrew Chung of Reuters reports that "Supreme Court limits rights of property owners."

And Amanda Reilly of Greenwire reports that "Supreme Court rules against landowners in waterfront fight."
Posted at 08:40 AM by Howard Bashman



"Big cases, retirement rumors as Supreme Court nears finish": Mark Sherman of The Associated Press has this report.
Posted at 08:27 AM by Howard Bashman


Friday, June 23, 2017

"Why Racially Offensive Trademarks Are Now Legally Protected": Law professor Jeannie Suk Gersen has this post online at The New Yorker.
Posted at 10:28 PM by Howard Bashman


"A 'view' from the courtroom: The metes and bounds of the term." Mark Walsh has this post at "SCOTUSblog."
Posted at 10:20 PM by Howard Bashman


"After 58 years of SCt journalism, 69 in the trade, retiring next wk after final opins & orders." So tweeted the incomparable Lyle Denniston this afternoon. Thanks, Lyle, for all of your amazing hard work and dedication. I hope you have an enjoyable and relaxing retirement. You most certainly will be missed!

Today at the "Constitution Daily" blog of the National Constitution Center, Lyle has a post titled "A court term ends, a career change begins."
Posted at 10:15 PM by Howard Bashman



"7th Circuit: Colts not required to renew season tickets." Olivia Covington of The Indiana Lawyer has this report on a ruling that Circuit Judge Richard A. Posner issued yesterday on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 10:12 PM by Howard Bashman


"Trump loses patience with his White House counsel; The president has taken out his frustration with the expanding Russia probe on lawyer Don McGahn, one of Trump's earliest campaign supporters": Nancy Cook and Josh Dawsey of Politico.com have this report.
Posted at 01:48 PM by Howard Bashman


"U.S. Can't Revoke Citizenship Over Minor Falsehoods, Supreme Court Rules": 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 sides with Serb who lied during naturalization process."

Richard Wolf of USA Today reports that "Supreme Court upbraids government in case of stripped citizenship."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Makes It Harder to Strip Immigrants of Citizenship; High court rejects position that any lie during naturalization process can cost individuals their citizenship."

Alex Swoyer of The Washington Times reports that "Supreme Court limits government's ability to strip citizenship."

Lawrence Hurley of Reuters reports that "Supreme Court sets higher bar for stripping citizenship."

Ariane de Vogue and Daniella Diaz of CNN.com report that "Supreme Court narrows grounds for revoking citizenship of naturalized citizens."

Josh Gerstein of Politico.com has a blog post titled "Supreme Court makes citizenship-stripping tougher."

And in commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled "A Win for Immigrants, and a Win for Liars: The Supreme Court's sympathy for refugees comes at a cost."
Posted at 01:14 PM by Howard Bashman



"Supreme Court Says It Will Issue Last Opinions of Term Monday": Greg Stohr of Bloomberg News has this report.
Posted at 01:00 PM by Howard Bashman


"Supreme Court could reveal action on travel ban at any time": Mark Sherman of The Associated Press has this report.
Posted at 11:00 AM by Howard Bashman


"Case Tests Limits of Law Protecting Journalists' Sources": Alan Feuer had this article in yesterday's edition of The New York Times.
Posted at 10:45 AM by Howard Bashman


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

1. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Perry v. Merit Systems Protection Bd., No. 16-399. Justice Neil M. Gorsuch issued a dissenting opinion, in which Justice Clarence Thomas joined. You can access the oral argument via this link.

2. Justice Anthony M. Kennedy delivered the opinion of the Court in Murr v. Wisconsin, No. 15-214. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justices Thomas and Samuel A. Alito, Jr. joined. And Justice Thomas also issued a dissenting opinion. You can access the oral argument via this link.

3. And Chief Justice Roberts delivered the opinion of the Court in Lee v. United States, No. 16-327. Justice Thomas issued a dissenting opinion, in which Justice Alito joined in large measure. You can access the oral argument via this link.
Posted at 10:04 AM by Howard Bashman



"Supreme Court rules that men convicted in D.C.'s Catherine Fuller murder case do not deserve a new trial": Robert Barnes has this article in today's edition of The Washington Post.

Andrew Chung of Reuters reports that "U.S. top court rebuffs men convicted in notorious Washington murder."

And Zoe Tillman of BuzzFeed News reports that "Supreme Court Justices Uphold Convictions In A Decades-Old DC Murder Case."
Posted at 09:55 AM by Howard Bashman



"Appeals Court Reinstates 40-Year Sentence for Brooklyn Mobster": In today's edition of The New York Times, Alan Feuer has this article reporting on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday.
Posted at 09:52 AM by Howard Bashman


"Controversial HB 1523 now Mississippi's law of land": Jerry Mitchell and Geoff Pender have this front page article in today's edition of The Clarion-Ledger of Jackson, Mississippi.

And Emily Wagster Pettus of The Associated Press has a report headlined "Court: Mississippi can enforce LGBT religious objections law."

You can access yesterday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 08:32 AM by Howard Bashman



"What's Happening With The Travel Ban At The Supreme Court? Spoiler alert: We don't really know." Chris Geidner of BuzzFeed News has this report.
Posted at 08:20 AM by Howard Bashman


Thursday, June 22, 2017

"Appeals court affirms most convictions of ex-CIA officer convicted in leak case": Matt Zapotosky of The Washington Post has this report.

And Alanna Durkin Richer of The Associated Press reports that "Imprisoned Ex-CIA officer loses appeal of leak conviction."

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 11:04 PM by Howard Bashman



"Drug Dispute Shows Importance of Intellectual Property Rights": Attorney C. Boyden Gray has this essay online at RealClearPolicy.
Posted at 10:48 PM by Howard Bashman


"In rare move, judge in Kermit Gosnell case sues authors of critical book": Columnist Stu Bykofsky has this essay online at The Philadelphia Daily News.
Posted at 10:42 PM by Howard Bashman


"Pro football team seeks to settle right to 'Redskins' trademarks": Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:14 PM by Howard Bashman


"A 'view' from the courtroom: The term's first bonus day for opinions." Mark Walsh has this post at "SCOTUSblog."
Posted at 09:45 PM by Howard Bashman


"Justice Ginsburg and the Price of Equality": Linda Greenhouse has this essay online at The New York Times.
Posted at 09:32 PM by Howard Bashman


"Dassey wins in federal appeals court": Andy Thompson and Alison Dirr of The Post-Crescent of Appleton, Wisconsin have this report.

Ian Simpson of Reuters reports that "U.S. appeals court overturns conviction of 'Making a Murderer' inmate."

And Todd Richmond and Steve Karnowski of The Associated Press report that "Judges affirm 'Making a Murderer' confession was coerced."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 09:23 PM by Howard Bashman



Programming note: This afternoon, I will be attending an event in south Philadelphia. As a result, additional posts will appear here this evening.

As always when I am away, additional appellate-related retweets may appear on this blog's Twitter feed.
Posted at 10:26 AM by Howard Bashman



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

1. Justice Elena Kagan delivered the opinion of the Court in Maslenjak v. United States, No. 16-309. Justice Neil M. Gorsuch issued an opinion, in which Justice Clarence Thomas joined, concurring in part and concurring in the judgment. And Justice Samuel A. Alito, Jr. issued an opinion concurring in the judgment. You can access the oral argument via this link.

2. Justice Stephen G. Breyer delivered the opinion of the Court in Turner v. United States, No. 15-1503. Justice Kagan issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined. You can access the oral argument via this link.

3. And Justice Anthony M. Kennedy delivered the opinion of the Court in Weaver v. Massachusetts, No. 16-240. Justice Thomas issued a concurring opinion, in which Justice Gorsuch joined. Justice Alito issued an opinion concurring in the judgment, in which Justice Gorsuch also joined. And Justice Breyer issued a dissenting opinion, in which Justice Kagan joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Supreme Court limits ability to strip citizenship" and "Supreme Court upholds convictions in 1984 murder."
Posted at 10:03 AM by Howard Bashman



"Donald Trump Is In The Perfect Position To Dramatically Remake The Courts; With 100+ judicial vacancies and a Senate eager to fill them, conservatives are salivating": Jennifer Bendery and Alissa Scheller of HuffPost have this report.
Posted at 09:54 AM by Howard Bashman


"Clarence Thomas to the Rescue? In an otherwise awful civil rights decision, the arch-conservative signals his interest in opening the courthouse doors to more victims of state violence." Perry Grossman has this jurisprudence essay online at Slate.
Posted at 09:48 AM by Howard Bashman


"A Shameful Ruling That Grows Executive Branch Power: The Supreme Court limits lawsuits against high-ranking officials who may have violated constitutional rights." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:44 AM by Howard Bashman


"'Marshall' Trailer: Chadwick Boseman Stars As Pioneering Supreme Court Justice." Erik Pedersen of Deadline.com has this report.

And online at Slate, Matthew Dessem has a post titled "Chadwick Boseman Plays a Badass Supreme Court Justice in the Trailer for Marshall."
Posted at 08:26 AM by Howard Bashman



Slate's "Supreme Court Breakfast Table" is back: Walter Dellinger has the first entry, titled "This year's docket appears to lack a major case. But looks can be deceiving."

And Pamela S. Karlan has the second entry, titled "This term, the justices chose cases that 'sear the conscience.'"
Posted at 08:17 AM by Howard Bashman



"Wisconsin Supreme Court votes to keep more meetings behind closed doors": Patrick Marley of The Milwaukee Journal Sentinel has this report.
Posted at 08:09 AM by Howard Bashman


Wednesday, June 21, 2017

"First Openly Gay Judge Confirmed for New York's Highest Court; Justice Paul G. Feinman, of the Appellate Division of the State Supreme Court in Manhattan, will take the seat left open by the death of Judge Sheila Abdus-Salaam": James C. McKinley Jr. will have this article in Thursday's edition of The New York Times.

Matthew Hamilton of The Times Union of Albany, New York reports that "Senate confirms Court of Appeals nominee Paul Feinman; Feinman becomes first openly gay judge on state's top court."

Yancey Roy of Newsday reports that "Paul Feinman becomes first openly gay judge on state high court."

And Jon Campbell of Gannett reports that "Paul Feinman becomes first gay judge on New York's top court."
Posted at 11:22 PM by Howard Bashman



"Ex-Guantanamo detainee Ghailani may pursue prison prayer claim: U.S. court." Jonathan Stempel of Reuters has this report on a ruling that a two-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 11:05 PM by Howard Bashman


"BPI faced pressure before ABC stories": Jonathan Ellis of The Argus Leader of Sioux Falls, South Dakota has this report.

And at the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "ABC Confronts Beef Company's Lawyer With Rush Limbaugh's 'Pink Slime' Commentary; Facing a multibillion-dollar defamation claim, the network also gets the plaintiff to admit to creating Wikipedia's 'pink slime' page."
Posted at 10:30 PM by Howard Bashman



"Appeals Court Sides With State On Casino Expansion -- For Now": Kenneth R. Gosselin and Edmund H. Mahony of The Hartford Courant have this report.

And Larry Neumeister of The Associated Press reports that "Court rejects MGM lawsuit as company competes with tribes."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 10:25 PM by Howard Bashman



"What Will Trump Do with Half a Million Backlogged Immigration Cases?" Jonathan Blitzer has this post online at The New Yorker.
Posted at 03:48 PM by Howard Bashman


"The Redskins' Edible Crotchless Gummy Panties argument actually worked": At the "D.C. Sports Bog" of The Washington Post, Dan Steinberg has an entry that begins, "Sometimes when I'm bored, I like to imagine Supreme Court Justice Samuel Alito the first time he scanned the appendix of the amicus brief the Redskins filed in the recently decided Slants trademark case."
Posted at 03:38 PM by Howard Bashman


"Trump lawyers make final Supreme Court pitch on travel ban": Lawrence Hurley of Reuters has this report.

And Greg Stohr of Bloomberg News has a report headlined "Trump's Travel Ban: What to Expect When the Supreme Court Acts."
Posted at 02:24 PM by Howard Bashman



"Trump's Most Lasting Legacy? America's courts -- presently a thorn in the president's side -- are about to get a lot more conservative; And they will probably stay that way for a very long time." Alex Wagner of The Atlantic has this report.
Posted at 01:52 PM by Howard Bashman


"Will the Ninth Circuit Rein in What Might Be 'the Most Important Lawsuit on the Planet'?" Attorney Andrew R. Varcoe has this essay online at The Recorder.
Posted at 01:48 PM by Howard Bashman


"At the U.S. Supreme Court, a Haddonfield lawyer's free speech argument carries the day": Columnist Kevin Riordan has this essay in today's edition of The Philadelphia Inquirer.
Posted at 01:40 PM by Howard Bashman


"How a Shorthanded Supreme Court Gutted a Historic Civil-Rights Remedy": Cristian Farias has this post today at the "Daily Intelligencer" blog of New York Magazine.
Posted at 01:36 PM by Howard Bashman


"Decision time: Some of the Supreme Court's notable rulings this year." David G. Savage of The Los Angeles Times has this report.
Posted at 01:32 PM by Howard Bashman


"Murder trial set for Sigfredo Garcia": Karl Etters of The Tallahassee Democrat has this report.
Posted at 01:18 PM by Howard Bashman


"High Court ruling may hurt claims of talc link to cancer": Jim Salter of The Associated Press has this report.
Posted at 01:08 PM by Howard Bashman


"Topless bans aim to protect, but some question who needs protecting": In today's edition of The Washington Post, columnist Courtland Milloy has an essay that begins, "To hear some lawmakers tell it, the female breast exposed in public has the power to destroy the moral fabric of the nation."
Posted at 01:05 PM by Howard Bashman


"Anti-sharia group offers donors a private tour and cocktails at Trump hotel": Amy Brittain and Abigail Hauslohner have this article in today's edition of The Washington Post.
Posted at 12:52 PM by Howard Bashman


"A look at special counsel Robert Mueller's team of lawyers": Eric Tucker of The Associated Press has this report.
Posted at 12:48 PM by Howard Bashman


"Some States Beat Supreme Court to Punch on Eliminating Gerrymanders": Thomas Fuller and Michael Wines have this article in today's edition of The New York Times.

Today's edition of The Washington Post contains an editorial titled "The Supreme Court has a chance to rein in partisan gerrymandering."

And online at The Washington Post, Tim Cullen and Dale Schultz have an essay titled "We led the Wisconsin Senate. Now we're fighting gerrymandering in our state."
Posted at 09:00 AM by Howard Bashman



Tuesday, June 20, 2017

"Appeals Court Won't Kill Lawsuit Claiming Universal Stole 'The Purge'; The 9th Circuit rules that Douglas Jordan-Benel isn't challenging the activity of filmmaking, he merely wants to be paid": At the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has this post about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 10:48 PM by Howard Bashman


"Court finds Texas restriction on dentist advertising unconstitutional": Brendan Pierson of Reuters has this report (subscription required for full access) on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 10:08 PM by Howard Bashman


"Bayview Park cross ruled unconstitutional, must be removed in 30 days": In today's edition of The Pensacola (Fla.) News Journal, Jim Little has a front page article that begins, "A cross that has stood in Bayview Park for the last 48 years must be removed within 30 days, a federal judge has ruled."

And Valerie Richardson of The Washington Times reports that "Judge reluctantly orders cross to be removed from public park, hopes SCOTUS will revisit; Atheists challenged religious symbol upkeep funded by public moneys."

You can access yesterday's ruling of the U.S. District Court for the Northern District of Florida at this link.
Posted at 08:35 PM by Howard Bashman



"Judge won't make Trump University settlement objector post large bond": Josh Gerstein of Politico.com has this blog post.
Posted at 02:56 PM by Howard Bashman


"UCLA School of Law's Supreme Court clinic wins landmark trademark case; The victory in Matal v. Tam marks the second win of the term for the clinic": Joshua Rich of UCLA Newsroom has this report.

Word on the street is that this guy and this guy also had something to do with yesterday's outcome.
Posted at 02:53 PM by Howard Bashman



"Koch Bros.-Linked PAC Runs Ad for Penn Law Prof's 3rd Circuit Nomination": Max Mitchell has this front page article in today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.
Posted at 02:38 PM by Howard Bashman


"Court's Cut of GoPro Footage OK'd in Decision Affirming $3M Award in Fatal Motorcycle Crash": Max Mitchell had this front page article in yesterday's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

I wrote the Brief for Plaintiff-Appellee and argued the appeal on behalf of the party that prevailed in last week's Pa. Superior Court ruling in this case.
Posted at 02:33 PM by Howard Bashman



"Supreme Court: Rejecting trademarks that 'disparage' others violates the First Amendment." Robert Barnes has this front page article in today's edition of The Washington Post.

In today's edition of The Washington Times, Alex Swoyer has a front page article headlined "Supreme Court ruling against censoring The Slants's name bolsters Washington Redskins trademark case."

In today's edition of The New York Times, Adam Liptak has an article headlined "Justices Strike Down Law Banning Disparaging Trademarks." And Ken Belson has an article headlined "Criticized Team Names Get a Legal Lift, but the Price Could Be High."

David G. Savage of The Los Angeles Times reports that "Supreme Court rules the Slants may trademark their name, striking down law banning offensive terms."

Richard Wolf of USA Today reports that "Supreme Court upholds offensive trademarks as form of free speech."

Brent Kendall of The Wall Street Journal reports that "Supreme Court Rules Government Can't Reject Disparaging Trademarks; Justices unanimously sided with Asian-American rock band the Slants, which was refused a trademark by the Patent Office."

In today's edition of The Oregonian, David Greenwald has a front page article headlined "Portland's the Slants 'humbled and thrilled' after Supreme Court trademark win."

Julieta Chiquillo of The Dallas Morning News has an article headlined "Why the Supreme Court protects offensive trademarks but not Texas plates with Confederate flag."

Sam Hananel of The Associated Press reports that "Justices say law on offensive trademarks is unconstitutional." And Stephen Whyno of The Associated Press reports that "Supreme Court pushes Redskins' name fight back to society."

Greg Stohr of Bloomberg News reports that "Curbs on Disparaging Trademarks Thrown Out by Top U.S. Court."

Andrew Chung of Reuters reports that "U.S. top court finds law banning offensive trademarks unconstitutional."

Ariane de Vogue of CNN.com reports that "Supreme Court strikes down law blocking disparaging trademarks."

Josh Gerstein of Politico.com reports that "Supreme Court rules the government can't refuse to register trademarks considered offensive; Redskins declare victory after Asian-American band wins challenge to disparagement ban."

Joe Mullin of Ars Technica reports that "Supreme Court rules: Offensive trademarks must be allowed; Justice Samuel Alito: 'Giving offense is a viewpoint.'"

At the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Supreme Court Strikes Down Rule Against Disparaging Trademarks; Simon Tam, the Asian-American frontman of The Slants, emerges victorious in his years-long quest to register his rock band's name."

Lyle Denniston has a blog post titled "Trademarks protected as free speech."

In commentary, online at Bloomberg View, law professor Stephen L. Carter has an essay titled "Offensive Speech Is Free Speech. If Only We'd Listen. The Supreme Court loosens restrictions on trademarks at a time when society is less tolerant of unpopular ideas."

And at CNN.com, Marc Randazza has an essay titled "Rock band The Slants' victory in court secures your rights."
Posted at 01:24 PM by Howard Bashman



"Behind the Democrats' Emoluments Lawsuit Against Trump": Jeffrey Toobin has this post online at The New Yorker.
Posted at 10:30 AM by Howard Bashman


"Justices to Hear Major Challenge to Partisan Gerrymandering": Adam Liptak has this front page article in today's edition of The New York Times. And Michael Cooper has an article headlined "Gerrymandering Case Echoes in Inkblot-Like Districts Across the U.S."

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court to hear potentially landmark case on partisan gerrymandering."

In today's edition of The Los Angeles Times, David G. Savage has a front page article headlined "Partisan gerrymandering is almost as old as America, but will the Supreme Court decide it has gone too far?"

Richard Wolf of USA Today reports that "Supreme Court to rule on how election districts are drawn."

Brent Kendall of The Wall Street Journal reports that "Supreme Court to Consider Limits on Partisan Drawing of Election Maps; High court to consider whether excessive partisan gerrymandering violates constitution."

Stephen Dinan of The Washington Times reports that "Supreme Court to hear major political redistricting case; Justices stop forced redraw of Wisconsin's map."

In today's edition of The Milwaukee Journal Sentinel, Patrick Marley has a front page article headlined "U.S. Supreme Court to hear Wisconsin's redistricting case but blocks redrawing of maps."

In today's edition of The Wisconsin State Journal, Ed Treleven has a front page article headlined "Supreme Court to take Wisconsin partisan gerrymandering case, delays order to re-do districts for 2018."

Katelyn Ferral of The Capital Times of Madison, Wisconsin reports that "U.S. Supreme Court set to hear Wisconsin gerrymandering case."

In today's edition of The Dallas Morning News, Jamie Lovegrove has a front page article headlined "Supreme Court to take up partisan gerrymandering case with potential Texas implications."

Anne Blythe of The News & Observer of Raleigh, North Carolina reports that "Supreme Court's review of Wisconsin partisan gerrymander case could have impact in NC."

Mark Sherman of The Associated Press reports that "Top court to hear case that could reshape US political map."

Greg Stohr of Bloomberg News reports that "Partisan Gerrymandering Will Get U.S. Supreme Court Scrutiny."

Andrew Chung of Reuters reports that "Supreme Court to hear major case on political boundaries."

Ariane de Vogue and Daniella Diaz of CNN.com report that "Supreme Court to hear partisan gerrymandering case."

Josh Gerstein of Politico.com reports that "Supreme Court to hear partisan gerrymandering case; State wins stay from justices on 5-4 vote."

Sam Levine of HuffPost reports that "Supreme Court Agrees To Hear Potentially Monumental Political Gerrymandering Case; The case could dramatically impact the way states draw electoral districts."

At the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Court may rule on partisan gerrymandering -- but maybe not."

Cassandra Pollock of The Texas Tribune has a report headlined "The U.S. Supreme Court will hear a Wisconsin redistricting case. What does that mean for Texas?"

In commentary, online at Slate, Mark Joseph Stern has a jurisprudence essay headlined "Does Partisan Gerrymandering Violate the First Amendment? A pair of Supreme Court decisions about freedom of speech strengthen the plaintiffs' argument in a blockbuster redistricting case."

And online at The Boston Globe, David Daley has an essay titled "Will this redistricting case tilt Justice Kennedy?"
Posted at 08:35 AM by Howard Bashman



"For Jay Sekulow, New Trump Lawyer, Public Stumble Is Out of Character": Charlie Savage has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Sari Horwitz, Devlin Barrett, and Tom Hamburger have an article headlined "Conservative talk-show host and First Amendment litigator is Trump's newest lawyer."

And Paul Barrett of Bloomberg Businessweek has a report headlined "The New Face of Trump's Legal Team Is the Christian Right's Pit Bull; Jay Sekulow has an impressive Supreme Court record; But a criminal defense lawyer he is not."
Posted at 08:22 AM by Howard Bashman



"Free Speech at the Supreme Court": This editorial appears in today's edition of The New York Times.

And today's edition of The Washington Post contains an editorial titled "The Supreme Court gives the country some necessary guidance on free speech."
Posted at 08:20 AM by Howard Bashman



Monday, June 19, 2017

"Supreme Court Rules for Bush Officials in Post-9/11 Suit": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post has an article headlined "High court: U.S. officials can't be held liable for alleged unconstitutional treatment of noncitizens."

Jess Bravin of The Wall Street Journal reports that "Top Court Drops Suit Filed by Immigrants Imprisoned After Sept. 11; Justice Breyer dissents, saying citizens during war have at times been deprived of basic rights by the government."

Richard Wolf of USA Today reports that "Supreme Court bails out Bush officials over 9/11 detentions."

Lawrence Hurley of Reuters reports that "U.S. top court sides with officials sued over post-Sept. 11 detentions."

Greg Stohr of Bloomberg News reports that "Sept. 11 Detention Lawsuit Rejected by U.S. Supreme Court."

Ariane de Vogue and Daniella Diaz of CNN.com report that "Supreme Court rules Ashcroft, Mueller cannot be held accountable for post-9/11 immigration detainee claims."

At the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Justice Department officials get immunity for 9/11 response."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Rules Post-9/11 Detainees Can't Sue Top U.S. Officials."

And in commentary, at the "Just Security" blog, Steve Vladeck has a post titled "On Justice Kennedy's Flawed and Depressing Narrowing of Constitutional Damages Remedies."
Posted at 11:40 PM by Howard Bashman



"Supreme Court says sex offenders can access social media": Richard Wolf of USA Today has this report.

Brent Kendall of The Wall Street Journal reports that "Supreme Court Invalidates N.C. Law Barring Sex Offenders from Social Media; In unanimous opinion, Justice Kennedy says internet platforms have become key for communication, information access."

Stephen Dinan of The Washington Times reports that "Supreme Court suggests constitutional right to Facebook, other social media."

Anne Blythe of The News & Observer of Raleigh, North Carolina reports that "US Supreme Court strikes down NC sex offender social media ban."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court strikes down sex offender social media ban."

Greg Stohr of Bloomberg News reports that "Sex-Offender Social Media Ban Thrown Out by U.S. High Court."

The Associated Press reports that "Supreme Court strikes down sex offender social media ban."

Ariane de Vogue and Daniella Diaz of CNN.com report that "Supreme Court strikes down law banning use of Facebook by registered sex offenders."

David Kravets of Ars Technica reports that "There's a constitutional right to use social media, Supreme Court says; North Carolina's law was 'unprecedented in the scope of First Amendment speech.'"

Chris Geidner of BuzzFeed News reports that "Supreme Court Strikes Down State Ban On Registered Sex Offender Social Media Use."

Andy Duehren of The Texas Tribune reports that "U.S. Supreme Court ruling could imperil Texas sex offender rules."

And at the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Supreme Court gives Internet broad new protections."
Posted at 10:54 PM by Howard Bashman



"Supreme Court Doesn't Care What You Say on the Internet; Two free-speech rulings combine to make clear that any social media regulation will have to come from the companies themselves." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:54 PM by Howard Bashman


"High court blocks plaintiffs from outside California in drug suit": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 09:42 PM by Howard Bashman


"Supreme Court rules for death row prisoner seeking mental health defense": Richard Wolf of USA Today has this report.

Jess Bravin of The Wall Street Journal reports that "Supreme Court Rules in Favor of Alabama Death Row Inmate; In a 5-4 decision, the court finds state failed to provide a murder defendant with a psychiatric expert who could contribute adequately to his defense."

And Brian Lyman of The Montgomery Advertiser reports that "U.S. Supreme Court orders new hearing in Alabama death row inmate's case."
Posted at 09:12 PM by Howard Bashman



"U.S. Supreme Court and top patent court rarely see eye to eye": Andrew Chung of Reuters has this report.
Posted at 08:40 PM by Howard Bashman


"DOJ walks narrow path on agency deference in big SCOTUS employment case": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 08:22 PM by Howard Bashman


"U.S. Supreme Court reinstates convicted Cleveland killer's death sentence": Cory Shaffer of The Cleveland Plain Dealer has this report.
Posted at 08:16 PM by Howard Bashman


"Dodging Insanity: The Supreme Court doesn't know how the justice system should deal with mental illness." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:11 PM by Howard Bashman


"Mistrial declared in talcum powder suit after U.S. Supreme Court limits where companies can be sued": The St. Louis Post-Dispatch has this report.
Posted at 07:38 PM by Howard Bashman


"A 'view' from the courtroom: A clash of laws." Mark Walsh has this post at "SCOTUSblog."
Posted at 05:56 PM by Howard Bashman


"The Supreme Court's Ominous National Security Ruling: The verdict could have significant implications for the case testing the Trump administration's 'travel ban' barring entry of persons from six majority-Muslim countries." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 05:53 PM by Howard Bashman


"Liberals Hope To Take Down Trump's Judicial Nominee With A Controversial Blogging Past": Zoe Tillman of BuzzFeed News has this report.
Posted at 05:23 PM by Howard Bashman


"Justice Kennedy's Beauty Pageant: Challengers are parading different standards before the U.S. Supreme Court justice, trying to offer a definition of partisan gerrymandering he'll find acceptable." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online at The Atlantic.
Posted at 03:15 PM by Howard Bashman


"U.S. Supreme Court Justice Stephen Breyer in Conversation with Associate Dean Alan Morrison": The American Constitution Society recently posted this video on YouTube.
Posted at 03:07 PM by Howard Bashman


"A New Way of Defining Oral Argument Terrain": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 03:05 PM by Howard Bashman


"Companies Get New Suit Limits as Supreme Court Backs Bristol-Myers": Greg Stohr of Bloomberg News has this report.

Andrew Chung of Reuters reports that "U.S. Supreme Court again limits where companies can be sued."

And The Associated Press reports that "High court sides with drugmaker in Plavix lawsuit."
Posted at 01:30 PM by Howard Bashman



"U.S. Supreme Court rules in favor of Alabama death row inmate": Ivana Hrynkiw of AL.com has this report.

Mark Sherman of The Associated Press reports that "Supreme Court rules in favor of Alabama death row inmate."

And Lawrence Hurley of Reuters reports that "U.S. Supreme Court rules in favor of Alabama death row inmate."
Posted at 01:23 PM by Howard Bashman



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

1. Justice Samuel A. Alito, Jr. announced the judgment of the Court and delivered the opinion of the Court in large measure in Matal v. Tam, No. 15-1293. Justice Anthony M. Kennedy issued an opinion concurring in part and concurring in the judgment, in which Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan joined. And Justice Clarence Thomas issued an opinion concurring in part and concurring in the judgment. You can access the oral argument via this link.

2. Justice Alito delivered the opinion of the Court in Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty., No. 16-466. Justice Sotomayor issued a dissenting opinion. You can access the oral argument via this link.

3. Justice Stephen G. Breyer delivered the opinion of the Court in McWilliams v. Dunn, No. 16-5294. Justice Alito issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. and Justices Thomas and Neil M. Goruch joined. You can access the oral argument via this link.

4. Justice Kennedy delivered the opinion of the Court in Packingham v. North Carolina, No. 15-1194. Justice Alito issued an opinion concurring in the judgment, in which Chief Justice Roberts and Justice Thomas joined. You can access the oral argument via this link.

5. And Justice Kennedy delivered the opinion of the Court in large measure in Ziglar v. Abbasi, No. 15-1358. Justice Thomas issued an opinion concurring in part and concurring in the judgment. Justice Breyer issued a dissenting opinion, in which Justice Ginsburg joined. Justices Sotomayor and Kagan were recused, and Justice Gorsuch did not participate. You can access the oral argument via this link.
Posted at 10:04 AM by Howard Bashman



Access today's Order List of the U.S. Supreme Court: At this link. Via a "Jurisdiction Postponed" order, the Court agreed to hear one direct appeal on the merits. In addition, the Court called for the views of the Acting Solicitor General in one case.

Lastly, in Jenkins v. Hutton, No. 16-1116, the Court issued a unanimous per curiam decision summarily reversing the judgment of the U.S. Court of Appeals for the Sixth Circuit.
Posted at 09:32 AM by Howard Bashman



"On Death Row, but Is He Innocent?" Columnist Nicholas Kristof had this op-ed in yesterday's edition of The New York Times.
Posted at 08:33 AM by Howard Bashman


"Get Ready To Start Hearing About The Travel Ban Again": Chris Geidner of BuzzFeed News has this report.
Posted at 08:22 AM by Howard Bashman


"OT2016 #25: 'Little Longer in the Oven.'" You can access this week's new episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 08:15 AM by Howard Bashman


Saturday, June 17, 2017

"Cardigan's Commencement Address by Chief Justice John G. Roberts, Jr." Cardigan Mountain School has posted this video on YouTube. It appears that among this year's graduates of this junior boarding school for boys was 9th grader John (Jack) Roberts '17.

Update: In local news coverage, The Valley News of West Lebanon, New Hampshire had an article headlined "Supreme Court Chief Justice Gives Commencement Address at Cardigan Mountain School."
Posted at 01:48 PM by Howard Bashman



Friday, June 16, 2017

"Trump Is Appointing Racist Fake News Purveyors to the Federal Bench; A radical transformation of the judiciary is underway": George Zornick has this post online at The Nation.
Posted at 10:08 PM by Howard Bashman


"Class plaintiffs tell SCOTUS no need for ascertainability review": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 09:20 PM by Howard Bashman


"Trump administration sides with employers in Supreme Court labor case": Lawrence Hurley of Reuters has this report.
Posted at 09:15 PM by Howard Bashman


"Judge Phyllis Kravitch dies, recalled as small in stature with giant reputation": Jan Skutch of The Savannah Morning News has this report.
Posted at 08:40 PM by Howard Bashman


Newdow and New Doe before the Sixth Circuit today: A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit today heard oral argument in New Doe Child #1 v. United States Congress. Attorney Michael Newdow argued the appeal for the plaintiffs-appellants.

Heather Clark of the Christian News Network reported on the federal district court's ruling in the case in an article headlined "Federal Court Dismisses Effort to Have 'In God We Trust' Removed From U.S. Currency."

You can access the audio of today's Sixth Circuit oral argument in the case via this link.
Posted at 04:48 PM by Howard Bashman



"Polemicists in Robes: The president's latest batch of bomb-throwing judicial nominees will transform the federal bench for generations to come." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:28 AM by Howard Bashman


Thursday, June 15, 2017

"Wisconsin Supreme Court Justice Michael Gableman will not seek second term": Patrick Marley of The Milwaukee Journal Sentinel has this report.

Molly Beck of The Wisconsin State Journal reports that "Michael Gableman won't seek a second term on state Supreme Court."

And Jessie Opoien of The Capital Times of Madison, Wisconsin reports that "Wisconsin Supreme Court Justice Michael Gableman will not seek re-election in 2018."
Posted at 11:15 PM by Howard Bashman



"Important Note Regarding FRAP 28(j) Filings": The U.S. Court of Appeals for the Fifth Circuit has posted this notice on its web site.
Posted at 10:54 PM by Howard Bashman


"Cuomo nominates Paul Feinman to fill high court vacancy": Matthew Hamilton of The Times Union of Albany, New York has this report.

Glenn Blain of The New York Daily News reports that "Gov. Cuomo to nominate openly gay judge to New York Court of Appeals for first time."

Yancey Roy of Newsday reports that "Cuomo nominee would be first openly gay judge on NY top court."

Corinne Ramey of The Wall Street Journal reports that "Cuomo to Nominate Paul Feinman to Court of Appeals; Justice would replace former judge whose body was found in the Hudson River."

And Jon Campbell of Gannett reports that "Gov. Andrew Cuomo to make Paul Feinman first gay man on top court."
Posted at 10:02 PM by Howard Bashman



"SCOTUS Symposium: Is it unethical to ghost-write a brief in opposition?" Ian Samuel has this provocative post at "PrawfsBlawg."
Posted at 09:02 PM by Howard Bashman


"Firing Mueller would be an insult to the Founding Fathers": Kenneth W. Starr has this essay online at The Washington Post.
Posted at 08:47 PM by Howard Bashman


"Ginsburg's Surprisingly Retro Feminism: The justice's anti-discrimination ruling this week follows her usual script but in the end burdens women." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:40 PM by Howard Bashman


"Supreme Court Justice Neil Gorsuch Will Now Hear Opening Arguments for CO Home": Lisa Johnson Mandell has this report at Realtor.com.

Should you have an extra $1.675 million lying around, you can access the real estate listing at this link.
Posted at 08:32 PM by Howard Bashman



"Gorsuch Gets Comfortable in Scalia's Chair; So far he seems to be an energetic jurist in the textualist mold": Kenneth W. Starr has this essay online at The Wall Street Journal.
Posted at 08:15 PM by Howard Bashman


"Trump Visits Supreme Court for Neil Gorsuch's Formal Welcome": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "With the Trumps on hand, Neil Gorsuch officially joins the Supreme Court."

At the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Justice Gorsuch joins the court -- again."

And at "SCOTUSblog," Mark Walsh and Amy Howe have a post titled "A 'view' from the courtroom: The investiture of Neil Gorsuch."
Posted at 08:10 PM by Howard Bashman



"Can Cops Use Force With Impunity When They've Created an Unsafe Situation? A recent Supreme Court decision suggests they can; That's bad for the public and for police." Chiraag Bains has this jurisprudence essay online at Slate.
Posted at 03:57 PM by Howard Bashman


"Trump visits Supreme Court for Gorsuch installation": Josh Gerstein of Politico.com has this report.
Posted at 03:52 PM by Howard Bashman


"Lee Boyd Malvo and the case against juvenile life sentences": The Baltimore Sun has published this editorial.
Posted at 02:40 PM by Howard Bashman


"Why there should be cameras in the Supreme Court": Law professor Eric J. Segall has this essay online at The Los Angeles Times.
Posted at 01:37 PM by Howard Bashman


"Justice Neil Gorsuch offers early clues to Supreme Court tenure": Richard Wolf of USA Today has this report.
Posted at 01:33 PM by Howard Bashman


"Winning on Appeal": This morning, I submitted a blurb to be published on the inside cover of the forthcoming third edition of "Winning on Appeal: Better Briefs and Oral Argument," published by the National Institute for Trial Advocacy.

The late Third Circuit Judge Ruggero J. Aldisert -- one of the titans of that court -- was responsible for the first two editions of this wonderful practice guide. Law professor Tessa L. Dysart and Fifth Circuit Judge Leslie H. Southwick have assumed responsibility for the new edition. Judge Aldisert was so kind as to include some of my advice in the book's second edition, and my now-updated advice will continue to be featured -- along with the advice of many other appellate judges and appellate lawyers -- in the forthcoming third edition.

In a happy coincidence, while I'm on the subject of the title of this post, this morning I received this published opinion in favor of my client -- the plaintiff-appellee -- in an appeal that I argued before a three-judge panel of the Pa. Superior Court on April 24, 2017.
Posted at 11:58 AM by Howard Bashman



"Chamber files new suit, leaving city's wage equity law on hold": Tricia L. Nadolny of The Philadelphia Inquirer has this report.

And Daniel Wiessner of Reuters reports that "Business group says Philly salary-history law would impact Comcast, others" (subscription required for full access).
Posted at 10:50 AM by Howard Bashman



"The Limits of Reading Law in the Affordable Care Act Cases": Law professor Kevin C. Walsh has posted this paper on SSRN (via "Legal Theory Blog").
Posted at 10:40 AM by Howard Bashman


"Senators Grill Trump Judicial Nominees On Provocative Blog Posts": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."

At "The Vetting Room" blog, Harsh Voruganti yesterday had a post titled "Thoughts on Today's Judiciary Committee Hearing."

Ian Millhiser of ThinkProgress has a post titled "Trump picks right-wing blogger for a judgeship, his confirmation hearing was a complete train wreck; Maybe it wasn't a good idea to pick the guy who compared abortion to slavery?"

And at HuffPost, Sammie Moshenberg has a post titled "The Most Important Senate Hearing You Didn't Hear Anything About This Week; It's always a bad sign when a judicial nominee has to begin his hearing with an apology."
Posted at 10:33 AM by Howard Bashman



"In defensive move, Trump extends effective date of travel ban order": Gregory Korte and Richard Wolf of USA Today has this report.

Lawrence Hurley of Reuters reports that "Trump administration amends travel ban date to keep legal battle alive."

Greg Stohr of Bloomberg News reports that "Trump Modifies Travel Ban to Address Possible Expiration."

Vivian Salama of The Associated Press reports that "Trump pushes back on claims that travel ban soon to expire."

Josh Gerstein of Politico.com has a blog post titled "Trump tweaks travel ban timing."

And in commentary, at "Just Security," Marty Lederman has a blog post titled "The President Resuscitates the Entry Ban: Where Should the Court Go From Here?"

And at the "Take Care" blog, Steve Vladeck and Leah Litman have a post titled "How the President's Clarifying Memorandum Destroys the Case for the Entry Ban."
Posted at 10:25 AM by Howard Bashman



"No 1. courthouse problem: People urinating in the elevator." The Associated Press has this report with a pun in its headline.
Posted at 10:14 AM by Howard Bashman


"Judges keep a very close eye on Trump": Joan Biskupic of CNN.com has this news analysis.
Posted at 10:07 AM by Howard Bashman


"Trump is expected to visit Supreme Court this week, but not to discuss travel ban": Robert Barnes has this article in today's edition of The Washington Post.

And The Associated Press reports that "Trump visiting Supreme Court as justices weigh travel ban."
Posted at 09:57 AM by Howard Bashman



Wednesday, June 14, 2017

"Ninth Circuit Reverses Its Own Commercial Speech Ruling": Helen Christophi of Courthouse News Service has an article that begins, "Reversing its earlier ruling on a free speech challenge to California's ban on compensating retailers for advertising alcohol products, an en banc Ninth Circuit on Wednesday potentially handed final say on the issue over to the U.S. Supreme Court."

You can access today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:22 PM by Howard Bashman



"Trump judicial nominee says political blogging won't affect his rulings": Ryan Lovelace of The Washington Examiner has this report.
Posted at 09:00 PM by Howard Bashman


"A church-state case may be an early test for Neil Gorsuch: The Supreme Court nominee has emphasised the secular value of religious rites." Steven Mazie had this post at the "Democracy in America" blog of The Economist back on February 21, 2017.

The case in question -- Bormuth v. County of Jackson -- was reargued en banc this afternoon at the U.S. Court of Appeals for the Sixth Circuit. You can access the audio of the en banc reargument via this link.

My coverage of the original, now-vacated divided three-judge Sixth Circuit panel's ruling in the case can be accessed here.
Posted at 06:20 PM by Howard Bashman



"Was A Possible Judicial Nominee Told To Curb His Twitter Use By . . . The Trump Administration, Of All People? Not exactly -- but other authorities have asked him about the subject." David Lat has this post at "Above the Law."
Posted at 06:14 PM by Howard Bashman


"Ohio execution case reaches federal appeals court": Jim Provance of The Toledo Blade has this report on a case reargued before the en banc U.S. Court of Appeals for the Sixth Circuit this afternoon. You can access the audio of the en banc reargument via this link.
Posted at 06:09 PM by Howard Bashman


"Appeals court upholds tribes' claim in dispute over Gila River water": Ben Moffat of Cronkite News has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 03:35 PM by Howard Bashman


"Iowa State University loses appeal in marijuana T-shirt case": Jeff Charis-Carlson of The Iowa City Press-Citizen has this article.

And David Pitt of The Associated Press has a report headlined "Court: Iowa State University wrong to block pot T-shirt."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 03:16 PM by Howard Bashman



"Feinstein defends blue-slip tactic to block judges": Josh Gerstein of Politico.com has this blog post.
Posted at 02:54 PM by Howard Bashman


"Court Strikes Obama-Era Rule Capping Cost of Phone Calls From Prison": Cecilia Kang has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Ann E. Marimow has an article headlined "There's no cheap talk when it comes to prison calls. And that's not changing soon."

Tali Arbel of The Associated Press reports that "Appeals court tosses FCC cap on cost of calls to prisons."

Jon Brodkin of Ars Technica reports that "Prisoners lose again as court wipes out inmate calling price caps; Judges vacate intrastate caps after FCC Chair Ajit Pai dropped court defense."

And Zoe Tillman of BuzzFeed News reports that "The Feds Can't Cap The Cost Of Prison Phone Calls, Court Rules In A Major Loss For Prisoner Advocates."

You can access yesterday's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 02:48 PM by Howard Bashman



"Beverage tax upheld by Commonwealth Court": Julia Terruso of The Philadelphia Inquirer has an article that begins, "A panel of judges has upheld Philadelphia's beverage tax, dismissing complaints from the American Beverage Association and local retailers who argued that the levy is unlawful."

You can access today's 5-to-2 ruling of the Commonwealth Court of Pennsylvania at this link.

Update: In other coverage, The Associated Press reports that "Appeals court upholds Philadelphia's tax on sweetened drinks."
Posted at 12:05 PM by Howard Bashman



"The Saucy Sock Puppet of the Trump-Nominated Judge: An attorney up for a federal bench seat made his views plain while writing blog posts under a pseudonym." Eleanor Clift has this essay online at The Daily Beast.
Posted at 10:50 AM by Howard Bashman


"The Strange Civil Rights Views of Trump's Latest Court Nominees: On Wednesday, three of those nominees will appear before the Senate; Together, they evince a deep hostility toward civil rights." Kyle Barry has this essay online at Politico Magazine.

Today's hearing of the Senate Judiciary Committee, scheduled to begin at 9:45 a.m. eastern time, to consider judicial nominees can be viewed online via this link.
Posted at 09:40 AM by Howard Bashman



Tuesday, June 13, 2017

"Hively's Self-Induced Blindness": Law professor Brian Soucek has this paper online at The Yale Law Journal Forum.
Posted at 11:50 PM by Howard Bashman


"Chief Justice Beverley McLachlin to retire after decades of pushing boundaries": Sean Fine has this front page article in today's edition of The Toronto Globe and Mail.

Tonda MacCharles of The Toronto Star reports that "Chief Justice Beverley McLachlin to retire from Supreme Court of Canada; McLachlin has led the country's top court for more than 17 years, in the process transforming it into a modern institution."

From CBC News, John Paul Tasker reports that "Chief Justice Beverley McLachlin retiring from Supreme Court; Prime Minister Justin Trudeau hails McLachlin as a 'judicial leader and trailblazer.'" And Peter Zimonjic has a report headlined "Can Trudeau put his stamp on the Supreme Court? That's not how it works here, say experts; Appointing a chief justice is 'the most important appointment a prime minister makes,' says Anne McLellan."

John Ward of The Canadian Press reports that "Beverley McLachlin, Supreme Court Chief Justice, To Retire In December."

And at Maclean's, John Geddes has a report headlined "How Beverley McLachlin changed the face of the Supreme Court: As she gets set to retire, her record conveying what the court was all about matters as much as her rulings."
Posted at 10:50 PM by Howard Bashman



"Arguing with Friends": Law professors William Baude and Ryan D. Doerfler have posted this paper on SSRN.

The paper's abstract begins, "It is a fact of life that judges sometimes disagree about the best outcome in appealed cases. The question is what they should make of this."
Posted at 04:08 PM by Howard Bashman



"Appeals Court Avoids Moral Issue of Travel Ban: The 9th Circuit's ruling against Trump, based on details of immigration law, is a risky way to shut down a troublesome order." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 02:28 PM by Howard Bashman


"Ruth Bader Ginsburg Affirms the 'Equal Dignity' of Mothers and Fathers; Her landmark decision in Sessions v. Morales-Santana bolsters constitutional protections against sex discrimination -- but leaves Morales-Santana himself out in the cold": Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 02:22 PM by Howard Bashman


"Supreme Court Bars Favoring Mothers Over Fathers in Citizenship 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 articles headlined "Ginsburg cites own work in striking down citizenship law that treats mothers and fathers differently" and "Gorsuch shows writing style in unanimous opinion about debt collectors."

David G. Savage of The Los Angeles Times reports that "In his first Supreme Court opinion, Gorsuch shows writing flair, strict interpretation of law."

From The Wall Street Journal, Jess Bravin reports that "Supreme Court Strikes Down Gender-Based Immigration Law; The court rules that 'stunningly anachronistic' stereotypes about the sexes couldn't justify a preference for women over men." And Brent Kendall reports that "High Court Ruling Could Speed Competition in Biosimilars Market; In opinion written by Justice Clarence Thomas, court says biologics makers can give notice of copycat version before getting FDA approval."

And Richard Wolf of USA Today reports that "Justice Neil Gorsuch's first ruling shows strict use of language."
Posted at 02:08 PM by Howard Bashman



Cue the Mellencamp: In today's edition of The Indianapolis Star, Madeline Buckley has a front page article headlined "Gov. Holcomb selects small-town judge for Indiana Supreme Court."

Niki Kelly of The Journal Gazette of Fort Wayne, Indiana reports that "Governor picks Wabash County judge as state Supreme Court justice."

Dan Carden of The Times of Munster, Indiana reports that "Governor appoints new Indiana Supreme Court justice."

And Olivia Covington of The Indiana Lawyer reports that "Holcomb praises justice pick's 'sharp legal mind.'"
Posted at 11:12 AM by Howard Bashman



"In Texas, a State Supreme Court Maintains Integrity, Despite Politics; Cautious and low-profile, it dodges election hazards to preserve the status quo": Mark Pulliam has this essay online at National Review.
Posted at 10:58 AM by Howard Bashman


"Trump criticizes latest court ruling against travel ban": Eugene Scott of CNN.com has this report.
Posted at 10:54 AM by Howard Bashman


"Blocked again: Another appeals court rejects Donald Trump's travel ban; The Ninth Circuit's 3-0 ruling on the travel ban could give the Supreme Court an opportunity to skip it altogether." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 10:45 AM by Howard Bashman


Monday, June 12, 2017

"Trump's Tweets Must Now Be Taken Seriously: The 9th Circuit's travel ban ruling declares the president's Twitter feed is a legally binding stream of consciousness." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 11:44 PM by Howard Bashman


"Biometric Hand Scanner Violated Coal Miner's 'Mark of the Beast' Belief: Court; 4th Circuit upholds ruling against company over refusal to make reasonable accommodations." Erin Mulvaney of The National Law Journal has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 11:18 PM by Howard Bashman


"A 'view' from the courtroom: Justice Gorsuch's first opinion." Mark Walsh has this post at "SCOTUSblog."
Posted at 10:55 PM by Howard Bashman


"Expert didn't think ABC's Avila wanted both sides of BPI story": Nick Hytrek of The Sioux City (Iowa) Journal has an article that begins, "David Theno refers to himself as one of the foremost experts in ground beef in the United States."
Posted at 10:12 PM by Howard Bashman


"Lurking in latest SCOTUS class action ruling: long-running question of standing." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 10:00 PM by Howard Bashman


"Gorsuch's First Opinion Comes With a Hat-Tip to Scalia; The justice's interpretation of a debt-collection law is based on its text alone, not Congress's intention to protect consumers": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:24 PM by Howard Bashman


"The Ninth Circuit Shows the Supreme Court How to Strike Down Trump's Travel Ban: Sidestepping thorny constitutional questions and focusing on substance and procedure, the appellate panel offered the justices an escape route, if they care to take it." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 09:16 PM by Howard Bashman


"See You In Court: Ninth Circuit Round 2." Leah Litman has this post at the "Take Care" blog.
Posted at 04:35 PM by Howard Bashman


"Why America still executes people: The legal reasoning behind the continued use of the death penalty." Steven Mazie has this blog post online at The Economist.
Posted at 02:36 PM by Howard Bashman


"Decision time at the Supreme Court: Rulings expected soon on religion, free speech and immigration." David G. Savage of The Los Angeles Times has this report.
Posted at 02:33 PM by Howard Bashman


"When a liberal power lawyer represents the Trump family, things can get ugly": Marc Fisher has this front page article in today's edition of The Washington Post.
Posted at 01:38 PM by Howard Bashman


Ninth Circuit issues its ruling in Hawaii v. Trump: You can access the per curiam opinion at this link. The opinion's opening paragraph concludes, "we affirm in large part the district court's order preliminarily enjoining Sections 2 and 6 of the Executive Order."

In early news coverage, Adam Liptak of The New York Times reports that "Trump Loses Travel Ban Ruling in Appeals Court."

Maura Dolan of The Los Angeles Times reports that "9th Circuit Court of Appeals refuses to reinstate Trump's travel ban."

Bob Egelko of The San Francisco Chronicle reports that "Federal appeals court in SF deals Trump another travel ban defeat."

Alan Gomez and Richard Wolf of USA Today report that "President Trump's travel ban struck down by second appeals court."

Gene Johnson of The Associated Press reports that "Another US appeals court keeps Trump's travel ban blocked."

Reuters reports that "Another U.S. appeals court rules against Trump's revised travel ban."

And Kartikay Mehrotra of Bloomberg News reports that "Second U.S. Appeals Court Blocks Trump's Revised Travel Ban."
Posted at 01:05 PM by Howard Bashman



"Remembering the Murder You Didn't Commit: DNA evidence exonerated six convicted killers; So why do some of them recall the crime so clearly?" Rachel Aviv has this article in the June 19, 2017 issue of The New Yorker.
Posted at 10:42 AM by Howard Bashman


"The Long, Lonely Road of Chelsea Manning: Her disclosure of classified documents in 2010 ushered in the age of leaks; Now, freed from prison, she talks about why she did it -- and the isolation that followed." Matthew Shaer will have this article in the June 18, 2017 issue of The New York Times Magazine.
Posted at 10:35 AM by Howard Bashman


"America Needs Closure on the Travel Ban": Law professor Josh Blackman has this essay online at The New York Times.
Posted at 10:26 AM by Howard Bashman


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

1. Justice Neil M. Gorsuch delivered the opinion for a unanimous Court in Henson v. Santander Consumer USA Inc., No. 16-349. You can access the oral argument via this link.

2. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Microsoft Corp. v. Baker, No. 15-457. Justice Clarence Thomas issued an opinion concurring in the judgment, in which Chief Justice John G. Roberts, Jr. and Justice Samuel A. Alito, Jr. joined. You can access the oral argument via this link.

3. Justice Ginsburg also delivered the opinion of the Court in Sessions v. Morales-Santana, No. 15-1191. Justice Thomas issued an opinion concurring in the judgment part, in which Justice Alito joined. You can access the oral argument via this link.

4. And Justice Thomas delivered the opinion for a unanimous Court in Sandoz Inc. v. Amgen Inc., No. 15-1039. Justice Stephen G. Breyer issued a concurring opinion. You can access the oral argument via this link.
Posted at 10:02 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 in Virginia v. LeBlanc, No. 16-1177, the Court issued a per curiam summary reversal of the judgment of the U.S. Court of Appeals for the Fourth Circuit. Justice Ruth Bader Ginsburg issued an opinion concurring in the judgment.

In early news coverage, The Associated Press reports that "High court won't hear appeal from former Qwest CEO."
Posted at 09:32 AM by Howard Bashman



"Unions Come Into the Justices' Cross Hairs, Again": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 08:32 AM by Howard Bashman


"OT2016 #24: 'Six Degrees of Caleb Nelson.'" You can access this week's new episode of the "First Mondays" podcast, featuring Dan Epps and guest host Leah Litman, via this link.
Posted at 08:27 AM by Howard Bashman


Sunday, June 11, 2017

"Nice Little FBI You've Got Here. Pity if Something Happened to It. What counts as 'obstruction of justice'? And should judges pay attention to Trump's Twitter feed?" Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 11:32 PM by Howard Bashman


"Why dozens of Coloradans convicted as juveniles are spending life in prison despite a U.S. Supreme Court ruling; Colorado holds 33 prison offenders who were juveniles when they committed crimes that resulted in virtual life prison sentences": Kirk Mitchell of The Denver Post has this report.
Posted at 11:20 PM by Howard Bashman


"Supreme Court could tackle partisan gerrymandering in watershed case": Robert Barnes of The Washington Post has this report.
Posted at 11:09 PM by Howard Bashman


Access online the contents of the June 2017 issue of the Harvard Law Review: Via this link.
Posted at 01:11 PM by Howard Bashman


"Will Donald Trump's anti-Muslim words on travel ban hurt his case?" Richard Wolf of USA Today has this report.
Posted at 01:03 PM by Howard Bashman


Saturday, June 10, 2017

"President Trump may visit Supreme Court for Justice Gorsuch's investiture": Richard Wolf of USA Today has an article that begins, "President Trump has called Chief Justice John Roberts an 'absolute disaster.' Of Justice Ruth Bader Ginsburg, he's said, 'her mind is shot.' Federal courts in general are 'slow and political.'"
Posted at 10:42 PM by Howard Bashman


"Florida caps in malpractice cases ruled unconstitutional": The Associated Press has this report.

And Jim Saunders of the News Service of Florida reports that "Supreme Court rejects medical malpractice caps."

You can access Thursday's 4-to-3 per curiam ruling of the Supreme Court of Florida at this link.
Posted at 01:24 PM by Howard Bashman



"Trump to Attend Supreme Court Event for Gorsuch, Official Says": Jennifer Jacobs and Greg Stohr of Bloomberg News have a report that begins, "Donald Trump plans to make his first visit to the U.S. Supreme Court since being elected president when he attends a formal ceremony for new Justice Neil Gorsuch on Thursday, a White House official said."
Posted at 01:07 PM by Howard Bashman


Friday, June 9, 2017

"U.S. court upholds $11 million verdict against Toyota over fatal crash": Brendan Pierson of Reuters has this report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 10:50 PM by Howard Bashman


"'Trial of a lifetime' plays out in tiny South Dakota town": Timothy Mclaughlin of Reuters has a report from Elk Point, South Dakota that begins, "In this rural outpost of just over 1,900 residents, a local college student has become a courtroom sketch artist, trailers on Main Street are ersatz offices for a major law firm and members of an agricultural youth club are puzzled by a new metal detector at the local courthouse."

And in coverage of today's developments in the trial, Nick Hytrek of The Sioux City (Iowa) Journal reports that "Nutritional value of BPI beef questioned at trial."
Posted at 10:44 PM by Howard Bashman



"State to appeal order for new sentencing for 'Beltway sniper' Lee Boyd Malvo": Frank Green of The Richmond Times-Dispatch has this report.

And Bernie Woodall of Reuters reports that "Virginia appeals re-sentencing ruling for D.C. sniper Malvo."
Posted at 09:30 PM by Howard Bashman



"Iowa court: State cannot prosecute immigrant using fake ID." The Associated Press has this report on a 4-to-3 ruling that the Supreme Court of Iowa issued today.
Posted at 09:23 PM by Howard Bashman


"McConnell Basks in GOP Victory on Courts; Senate leader looking forward to reshaping federal judiciary": Joe Williams of Roll Call has this report.
Posted at 09:12 PM by Howard Bashman


"The Supreme Court will consider a mobile phone privacy case: Does the constitution permit police to track your phone signal without a warrant?" Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 04:48 PM by Howard Bashman


"The Consultation Double-Standard": At "The Vetting Room" blog, Harsh Voruganti has a post that begins, "Let's compare excerpts from the Senate Judiciary Questionnaires of two judicial nominees."
Posted at 04:44 PM by Howard Bashman


"In the View of the Supreme Court, Alan Dershowitz is Wrong About the Powers of the President": Rick Pildes has this post at "Lawfare."
Posted at 04:25 PM by Howard Bashman


"Mueller Enlists Top Criminal Law Expert for Russia Probe": Tony Mauro of The National Law Journal has an article reporting that "Deputy solicitor general Michael Dreeben, who has argued more than 100 cases before the U.S. Supreme Court and oversees the Justice Department's criminal appellate docket, will be assisting Mueller on a part-time basis, according to sources familiar with the arrangement."

And online at The New Yorker, Evan Osnos has a post titled "Comey's Revenge: Measuring Obstruction."
Posted at 10:55 AM by Howard Bashman



"Justice Stephen Breyer: Adding cameras to Supreme Court a 'risk'": Ryan Lovelace of The Washington Examiner has this report.
Posted at 10:48 AM by Howard Bashman


"Orthodox ritual of swinging and slaying chickens can continue on city streets, appeals court rules": Stephen Rex Brown of The New York Daily News has an article that begins, "An ultra-Orthodox ritual involving the twirling and slaughtering of tens of thousands of chickens can continue on public streets despite the ruffled feathers of animal rights advocates and Brooklyn residents, an appeals court ruled Tuesday."

You can access Tuesday's 3-to-2 ruling of the New York State Supreme Court, Appellate Division, First Department, in Alliance to End Chickens as Kaporos v. New York City Police Dep't at this link.
Posted at 10:45 AM by Howard Bashman



"When not to roll over the opposition: The Senate should think twice about eliminating the 'blue slip.'" The Washington Times has published this editorial.
Posted at 10:38 AM by Howard Bashman


Thursday, June 8, 2017

Prof. Stephanos Bibas nominated to the Third Circuit, but he also has some Fifth Circuit/fifth circuit connections: Before clerking for Justice Anthony M. Kennedy in OT 1997, Prof. Bibas clerked for Fifth Circuit Judge Patrick E. Higginbotham.

And a reader has emailed tonight to note that Bibas "is the fifth circuit nomination from OT 97 (Kethledge, Halligan, Srinivasan, Owens, Bibas)."
Posted at 10:22 PM by Howard Bashman



"Past food safety questions raised at BPI trial": Mason Dockter of The Sioux City (Iowa) Journal has this report.

And at the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has posts titled "ABC Grills Beef Expert at 'Pink Slime' Trial; In a massive defamation case against the network, food scientists break down the makings of 'lean finely textured beef.'"
Posted at 10:00 PM by Howard Bashman



"Justice Breyer: Supreme Court 'boring' without Scalia." The New York Daily News has this gossip column.
Posted at 09:50 PM by Howard Bashman


"For Supreme Court justices, faith in law: In Harvard visit, Gorsuch, Breyer see stability in how cases are adjudicated." Clea Simon of The Harvard Gazette has this report.
Posted at 09:46 PM by Howard Bashman


"My transgender son is graduating from high school. But his fight isn't over." Deirdre Grimm has this essay online at The Washington Post.
Posted at 08:40 PM by Howard Bashman


"Restoring credibility? Trump's slate of 11 judicial nominees could shake up courts." Steve Kurtz of FoxNews.com has this report.
Posted at 08:40 PM by Howard Bashman


"Penn Professor will be nominated to serve on the U.S. Court of Appeals for the Third Circuit": Dylan Reim of The Daily Pennsylvanian has this report.

And at his "CA3blog," Matthew Stiegler has a post titled "A first look at Third Circuit nominee Stephanos Bibas."

With Bibas slated to become a judge, perhaps it's the perfect time to recall that Mike Judge was the creator of "Beavis and Butt-Head."

So long as the Third Circuit can avoid the addition of any new judges (or judges sitting by designation) whose last name resembles Butt-Head, however, those of us whose level of humor sophistication resembles that of the title characters on the MTV series should be safe.

Previous "Beavis and Butt-Head" mentions from the past 15 years of "How Appealing" can be accessed via this link.
Posted at 08:32 PM by Howard Bashman



"President Trump nominates Allison Eid to fill Neil Gorsuch's seat on 10th U.S. Circuit Court of Appeals; Move would give conservative jurist higher visibility but could further swing Colorado's high court to the left": Mark K. Matthews of The Denver Post has this report.
Posted at 08:07 PM by Howard Bashman


"Stras nomination for federal appeals court must be blocked; The Minnesota Supreme Court justice has the track record of a conservative ideologue": Beth Gendler has this essay online at The Minneapolis Star Tribune.
Posted at 08:00 PM by Howard Bashman


"Can the Justices decide the Trump immigration case swiftly? A lesson from 1981." Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 07:53 PM by Howard Bashman


"Chimps are not people, cannot be freed from custody: New York court." Jonathan Stempel of Reuters has this report.

And Deepti Hajela of The Associated Press reports that "Appeals court says chimpanzees don't have rights of people."

You can access today's ruling of the New York State Supreme Court, Appellate Division, First Department, at this link.
Posted at 06:18 PM by Howard Bashman



"Ginsburg earns $204,000 from book of collected writings": The Associated Press has this report.

And Zoe Tillman of BuzzFeed News reports that "The Supreme Court Justices Reported Millions Of Dollars In Assets In 2016."
Posted at 06:08 PM by Howard Bashman



"Judges didn't clearly indicate during the arguments how they might rule, though a clerk for US Circuit Judge Joseph Greenaway has advised that the state's action be allowed to go forward, MLex has learned." So reports Richard Vanderford of MLex in an article headlined "GlaxoSmithKline asks appeals court to kill Louisiana Flonase action." The article is subscription-required and is not freely accessible online.

A "How Appealing" reader kindly brought the text of the article to my attention to highlight the highly unusual sentence contained therein, which I have reproduced as the title of this post. Before publishing this post, I spoke with reporter Vanderford to confirm that this sentence in fact appears in his article. He so confirmed, and he also noted that he attended the Third Circuit's oral argument of this case in person yesterday in Philadelphia.

The article is far from clear concerning how Vanderford or MLex learned what recommendation a law clerk of Judge Greenaway may have made to his or her judge about the case. Of course, even those judges who welcome law clerk recommendations concerning how an appeal should be resolved remain fully capable of deciding the case in whatever way the judges think appropriate, without regard to a law clerk's recommendation. It is unusual, to say the least, for the recommendation of an appellate judge's law clerk concerning how a case should be decided to become public while the case is pending.
Posted at 04:18 PM by Howard Bashman



"A Celebration of Black Lawyers, Past and Present": Vernon E. Jordan, Jr. has this post online at The New Yorker.
Posted at 03:56 PM by Howard Bashman


"James Comey's Remarkable Story About Donald Trump":Online at The New Yorker, Jeffrey Toobin has a post that begins, "President Trump appears to be guilty of obstruction of justice."

Also online at The New Yorker, Nicholas Schmidle has a post titled "James Comey's Intellectual History."
Posted at 03:54 PM by Howard Bashman



"What the Judges Know About Trump": Linda Greenhouse has this essay online at The New York Times.
Posted at 03:45 PM by Howard Bashman


"Court overturns summary judgement for FMCH in wrongful-birth suit": Jeff Hunt of The Fort Madison (Iowa) Daily Democrat has this report.

And at "On Brief: Iowa's Appellate Blog," Rox Laird has a post titled "Iowa Supreme Court opens the courthouse doors to 'wrongful birth' lawsuits."

You can access last Friday's ruling of the Supreme Court of Iowa at this link.
Posted at 02:10 PM by Howard Bashman



"Trump aides tell him to keep Sessions as U.S. attorney general: sources." Julia Edwards Ainsley of Reuters has this report.
Posted at 01:40 PM by Howard Bashman


"Maryland court to hear bid for new trial in 'Serial' murder case": Ian Simpson of Reuters has this report.

And Brian Witte of The Associated Press reports that "'Serial' star, guilty of killing girlfriend, seeks new trial."
Posted at 01:35 PM by Howard Bashman



Wednesday, June 7, 2017

"La. Not Immune From Flonase Class Settlement, Says GSK": Jeannie O'Sullivan of Law360.com has this report (subscription required for full access) on an oral argument that occurred today in the U.S. Court of Appeals for the Third Circuit.

Lisa Blatt argued the appeal for appellant GSK. You can access the oral argument audio via this link (16.8 MB mp3 audio file).
Posted at 11:40 PM by Howard Bashman



"Fed appeals court quashes bids to unravel Colorado marijuana laws, but door still open for RICO suits; Appeals court panel sends racketeering claim by southern Colorado horse ranchers back to district court; shuts down complaints by Oklahoma and Nebraska": Alicia Wallace of The Cannabist, a publication of The Denver Post, has this report.

Sara Randazzo of The Wall Street Journal reports that "Court Allows Colorado Couple to Sue Marijuana Growers; Ruling based on federal law that considers pot production and sales illegal, even though the state law allows it; could expose recreational marijuana industry to more private litigation."

And Kristen Wyatt of The Associated Press has a report headlined "Court: Neighbors can sue pot grower for stinky smells."

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.

Not to be outdone, the U.S. Court of Appeals for the Seventh Circuit today issued a ruling upholding the First Amendment rights of an organization seeking to hold a rally supporting the legalization of marijuana on the steps of the Tippecanoe County Courthouse in Lafayette, Indiana.
Posted at 11:28 PM by Howard Bashman



My first Twitter poll ever: At this link, concerning a visit to Northern California later this month.
Posted at 10:25 PM by Howard Bashman


"Nakamura is new chief justice of NM Supreme Court": Katy Barnitz of The Albuquerque Journal has this report.
Posted at 10:08 PM by Howard Bashman


"Constitution Can't Stop Trump From Blocking Tweets: Twitter as a private company can set the rules, even for a public figure like the president." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:48 PM by Howard Bashman


"Beef expert says controversial label for BPI product is false": Nick Hytrek of The Sioux City (Iowa) Journal has this report.
Posted at 09:36 PM by Howard Bashman


"President Donald J. Trump Announces Judicial Candidate Nominations": The White House issued this news release (in two parts) today.

And at "Above the Law," David Lat has a post titled "The Latest Legal Luminaries Nominated For Federal Judgeships By President Trump; Prominent conservatives are hailing this latest slate as 'a fantastic list.'"
Posted at 08:24 PM by Howard Bashman



"White House Announces Slate of 11 Judicial Nominees": Adam Liptak of The New York Times has this report.
Posted at 06:12 PM by Howard Bashman


"In defense of Trump's DOJ lawyers: a guest post." Andrew Pincus has this guest post at Alison Frankel's "On the Case" from Thomson Reuters News & Insight.
Posted at 06:10 PM by Howard Bashman


"#AppellateTwitter Becomes Internet Hotspot For Legal Nerds": Jess Krochtengel of Law360.com has this report.
Posted at 04:52 PM by Howard Bashman


"Who Is Dangerous, and Who Dies? An appalling and racialized standard of 'future dangerousness' has been used to condemn defendants. This lawyer fought it." Errol Morris has this essay/interview online at The New York Times.
Posted at 01:48 PM by Howard Bashman


"Privacy in the Cellphone Age": This editorial appears in today's edition of The New York Times.
Posted at 01:42 PM by Howard Bashman


"Answers, and new questions, on partisan gerrymandering": Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:30 PM by Howard Bashman


"Trump nominates new slate of federal judges": Dave Boyer of The Washington Times has an article that begins, "President Trump announced a new round of 11 judicial nominations Wednesday, including three nominees for high-profile federal appeals courts."
Posted at 01:12 PM by Howard Bashman


"Trump's Terrible Judicial Trifecta: Passing on alt-right conspiracies. Railing about 'teaching gayness.' Arguing for leniency to sentence minors to death. And these three nominees are expected to be confirmed easily." Eleanor Clift has this essay online at The Daily Beast.
Posted at 11:42 AM by Howard Bashman


"State Supreme Court skeptical about key death penalty provision": Bob Egelko has this front page article in today's edition of The San Francisco Chronicle.

Maura Dolan of The Los Angeles Times reports that "California's top court appears divided on ballot measure to speed up executions."

Brian Melley of The Associated Press reports that "Justices skeptical about death sentence appeal deadlines."

Randol White and Ben Adler of Capital Public Radio report that "California Supreme Court Weighs Proposition 66 Lawsuit."

And Maria Dinzeo of Courthouse News Service reports that "California Justices Leery of Bid to Speed Executions."

Once it becomes available online, you will be able to view the video of yesterday's oral argument in the Supreme Court of California via this link.
Posted at 11:40 AM by Howard Bashman



"White House lawyers face a Clinton-era legal trap in Russia probe; In Whitewater, communications with government attorneys were subject to review by special counsel -- something Trump may avoid now by relying on his own lawyer": Josh Gerstein of Politico.com has this report.
Posted at 10:52 AM by Howard Bashman


"Former Pa. governors: Time for merit selection of judges." Dick Thornburgh, Tom Ridge, Mark Schweiker, Ed Rendell, and Tom Corbett had this op-ed in yesterday's edition of The Philadelphia Inquirer.
Posted at 08:40 AM by Howard Bashman


Tuesday, June 6, 2017

"Ruling: San Diego officers used reasonable force when police dog bit sleeping woman." Kristina Davis of The San Diego Union-Tribune has this report on a 10-to-1 ruling that an en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:46 PM by Howard Bashman


Guess who's issuing published D.C. Circuit opinions again? Today. Chief Judge Merrick B. Garland issued his first published opinion for that Court since his nomination to the U.S. Supreme Court expired.
Posted at 11:16 PM by Howard Bashman


"Twitter Users Blocked by Trump Seek Reprieve, Citing First Amendment": Charlie Savage of The New York Times has this report.
Posted at 11:07 PM by Howard Bashman


"Go Ahead. Eat Pink Slime." Alexander Aciman has this essay online at The New York Times. And in today's edition of that newspaper, Niraj Chokshi has an article headlined "Trial Will Decide if ABC News Sullied a Company With 'Pink Slime.'"

In local coverage of the trial, Nick Hytrek of The Sioux City (Iowa) Journal has articles headlined "Jurors hear 2 sides on first day of BPI defamation case" and "Survey showed people didn't think BPI product was beef."

And at the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has posts titled "ABC 'Pink Slime' Trial Opens With Scathing Attacks on Media Bias, Corporate Secrecy" and "Marketing Expert Testifies ABC's 'Pink Slime' Reports Influenced Negative Perceptions."
Posted at 10:32 PM by Howard Bashman



"New challenge to labor union support fees": Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center. You can view the cert. petition at this link.
Posted at 10:14 PM by Howard Bashman


"Sessions Is Said to Have Offered to Resign": Maggie Haberman and Peter Baker of The New York Times have this report.

And Michael S. Schmidt and Matt Apuzzo of The New York Times have an article headlined "Comey Told Sessions: Don't Leave Me Alone With Trump."
Posted at 10:09 PM by Howard Bashman



"Is Trump Trying to Lose? Three ways Monday's bizarre tweetstorm sabotages his administration's defense of the travel ban." Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.
Posted at 09:04 PM by Howard Bashman


"Can Bipartisan Criminal-Justice Reform Survive in the Trump Era?" Justin George has this post online at The New Yorker.
Posted at 08:54 PM by Howard Bashman


"Sixth Circuit Appeals Court Latest To Say Real-Time Cellphone Location Tracking Not A Fourth Amendment Issue": Tim Cushing of Techdirt has this post about a per curiam ruling that the U.S. Court of Appeals for the Sixth Circuit issued yesterday.
Posted at 08:46 PM by Howard Bashman


"How to Influence Trump": Online at The New Yorker, Ryan Lizza has a post that begins, "George Conway, the wealthy conservative lawyer and husband of Kellyanne Conway, President Trump's counsellor, prefers to stay in the background."

And Amy Davidson has a post titled "Trump's 'Travel Ban' Tweets Show His Disdain for His Lawyers."
Posted at 08:17 PM by Howard Bashman



"Jeff Sessions suggested he could resign amid rising tension with President Trump": Jonathan Karl of ABC News has this report.
Posted at 08:07 PM by Howard Bashman


"Gov. Andrew Cuomo could pick first LGBT judge for high court": Jon Campbell of The Rochester (N.Y.) Democrat & Chronicle has this report.
Posted at 06:10 PM by Howard Bashman


"New York City curb on sex shops is constitutional: NY top court." Jonathan Stempel of Reuters has this report on a ruling that the New York State Court of Appeals issued today.
Posted at 06:05 PM by Howard Bashman


"Trump tweets could create ethics headaches for DOJ lawyers": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.

The post comes with its own trigger-warning, sure to inspire many "How Appealing" readers to click-through: "Quote in 8th paragraph may be objectionable to some readers."
Posted at 06:00 PM by Howard Bashman



"New high court challenge to labor unions follows 4-4 split": Sam Hananel of The Associated Press has a report that begins, "Conservative groups are wasting little time in trying to deal a crippling blow to labor unions now that Justice Neil Gorsuch has joined the Supreme Court."
Posted at 05:54 PM by Howard Bashman


In today's mail: I received a copy of the new book "Lead Yourself First: Inspiring Leadership Through Solitude," by Sixth Circuit Judge Raymond M. Kethledge and Michael S. Erwin. The book is scheduled to go on sale on June 13, 2017.

Judge Kethledge included a kind note commemorating this blog's recent 15th birthday above his signature inside the book's front cover.
Posted at 03:15 PM by Howard Bashman



"Professor Amy Coney Barrett -- Nominee to the U.S. Court of Appeals for the Seventh Circuit": Harsh Voruganti has this post at his blog, "The Vetting Room."
Posted at 01:22 PM by Howard Bashman


Monday, June 5, 2017

Programming note: On Tuesday morning, I will be presenting oral argument in an appeal on behalf of the plaintiffs-appellants to a three-judge panel of the Superior Court of Pennsylvania. Additional posts will appear here Tuesday afternoon.

As always while I am away from the office, appellate-related retweets are more likely to appear on this blog's Twitter feed.
Posted at 11:35 PM by Howard Bashman



"Trump Promotes Original 'Travel Ban,' Eroding His Legal Case": Adam Liptak and Peter Baker of The New York Times have this report.

And in related coverage, in Tuesday's edition of The New York Times, Baker and Maggie Haberman will have an article headlined "Trump Grows Discontented With Attorney General Jeff Sessions."
Posted at 11:26 PM by Howard Bashman



"'Pink slime' defamation case against ABC under way in South Dakota": Timothy Mclaughlin and P.J. Huffstutter of Reuters have this report.

And Jonathan Ellis of The Argus Leader of Sioux Falls, South Dakota reports that "Billions of dollars, First Amendment protections, at stake in ABC lawsuit."
Posted at 04:25 PM by Howard Bashman



"Georgia high court upholds $35M award in 6 Flags lawsuit": The Associated Press has this report on a ruling that the Supreme Court of Georgia issued today.
Posted at 04:20 PM by Howard Bashman


"Trump's Tweets May Have Sunk His Travel Ban: The president fires off some ill-advised tweets confirming the legal arguments opposed to his policy." Law professor Garrett Epps has this essay online at The Atlantic.

Online at Bloomberg View, law professor Noah Feldman has an essay titled "Trump Tanks His Own Case at the Supreme Court: How to create a headache for your lawyers in four tweets."

And online at Slate, Dahlia Lithwick has a jurisprudence essay titled "With Every Tweet, Trump Turns His DOJ Into More of a Mockery: How the president is losing his travel ban case every time he tweets about his travel ban."
Posted at 03:32 PM by Howard Bashman



"Nominating Judge Humetewa to the Ninth Circuit": Carl Tobias has this post at the blog of the Los Angeles Review of Books.
Posted at 11:15 AM by Howard Bashman


"A Ban The Court Would Love to Avoid": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 11:12 AM by Howard Bashman


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

1. Justice Elena Kagan delivered the opinion for a unanimous Court in Advocate Health Care Network v. Stapleton, No. 16-74. Justice Sonia Sotomayor issued a concurring opinion. You can access the oral argument via this link.

2. Justice Sotomayor delivered the opinion for a unanimous Court in Honeycutt v. United States, No. 16-142. You can access the oral argument via this link.

3. Justice Sotomayor delivered the opinion of the Court (with Justice Neil M. Gorsuch participating) in Kokesh v. SEC, No. 16-529. You can access the oral argument via this link.

4. And Justice Samuel A. Alito, Jr. delivered the opinion for a unanimous Court (with Justice Gorsuch participating) in Town of Chester v. Laroe Estates, Inc., No. 16-605. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Justices side with religious hospitals in pension dispute"; "High court limits seizure of assets from drug conspiracies"; and "Justices limit recovery in securities fraud cases."
Posted at 10:05 AM by Howard Bashman



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

In addition, in North Carolina v. Covington, No. 16-1023, on direct appeal from a federal district court's decision, the Court issued a unanimous, per curiam decision vacating the district court's remedial order and remanding the case for further proceedings.

In early news coverage, The Associated Press reports that "Justices will review police use of cellphone tower data" and "Justices affirm ruling striking NC legislative districts."
Posted at 09:36 AM by Howard Bashman



"Trump Doubles Down on Original 'Travel Ban'": Peter Baker of The New York Times has this report.

Paige Winfield Cunningham and Brian Murphy of The Washington Post report that "In Twitter barrage, Trump ramps up push for 'TRAVEL BAN!' even as opposition hardens."

Lawrence Hurley and Susan Heavey of Reuters report that "Trump urges tougher U.S. travel ban, expedited court review."

And Julie Pace and Darlene Superville of The Associated Press report that "Trump assails Justice Dep't court strategy on travel ban."
Posted at 08:36 AM by Howard Bashman



"OT2016 #23: 'A Necessary Evil.'" You can access this week's new episode of the "First Mondays" podcast, featuring Dan Epps and the newly married Ian Samuel, via this link.
Posted at 08:32 AM by Howard Bashman


Sunday, June 4, 2017

"A panoply of challenges to discourse, and a bright spot locally: Consider, please, the example of three judges who lean left backing one who's solidly on the right." Columnist D.J. Tice has this essay online at The Minneapolis Star Tribune.

Earlier, retired Minnesota Supreme Court Justices Alan C. Page, Helen M. Meyer, and Paul H. Anderson had an essay titled "The case for the nomination of David Stras to the federal courts; As retired justices who once served with him on the Minnesota Supreme Court, we can attest that he has the attributes needed."
Posted at 10:42 PM by Howard Bashman



"Judge Revives Potential Class-Action Suit Against Whole Foods Regarding Overcharging; Appeals court ruling is a setback for gourmet grocer as it looks to lure back customers": Heather Haddon of The Wall Street Journal has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued on Friday.
Posted at 10:33 PM by Howard Bashman


"Appeals court upholds 'Chip' Fattah conviction": Robert Moran of The Philadelphia Inquirer has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued on Friday.
Posted at 10:28 PM by Howard Bashman


"Pfizer defeats appeals linking Zoloft to birth defects": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued Friday.
Posted at 10:24 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: En Banc Oral Argument (Part II)." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 08:42 PM by Howard Bashman


"The Key Word for Travel Ban Is 'Animus'; Court rulings against Trump so far keep mentioning one of Justice Kennedy's favorite concepts": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:36 PM by Howard Bashman


"How Trump Has Stoked the Campus Debate on Speech and Violence": Law professor Jeannie Suk Gersen has this post online at The New Yorker.
Posted at 08:32 PM by Howard Bashman


"The judge who says he's part of the gravest injustice in America": Mallory Simon and Sara Sidner of CNN.com have this report.
Posted at 08:26 PM by Howard Bashman


"In Bias Cases, Gorsuch Subpar for the Course": Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 10:04 AM by Howard Bashman


Saturday, June 3, 2017

"Innocent Until Your Mug Shot Is on the Internet": Tim Stelloh will have this essay in the SundayReview section of tomorrow's edition of The New York Times.

As the essay explains, "Federal authorities have considered the release of a booking photograph an invasion of privacy, and in its ruling last year, the Sixth Circuit Court of Appeals agreed, overruling a 1996 decision that allowed the release. The Free Press appealed this decision to the United States Supreme Court; last month, the court declined to hear the case."
Posted at 11:04 PM by Howard Bashman



"The Supreme Court's Options in the Travel Ban Case": Adam Liptak has this article in today's edition of The New York Times.

And Brent Kendall of The Wall Street Journal reports that "Travel Ban Headed to Supreme Court; Legality of Trump's order may be decided quickly by justices."
Posted at 05:14 PM by Howard Bashman



"Protecting Consumers in Patent Cases": This editorial appears in today's edition of The New York Times.
Posted at 05:03 PM by Howard Bashman


"Gorsuch Rejects Doubts Over 'Rule of Law Today'": Adam Liptak will have this article in Sunday's edition of The New York Times.

And Robert Barnes of The Washington Post reports that "Gorsuch stresses rule of law, system where 'government can lose in its own courts.'"
Posted at 04:48 PM by Howard Bashman



"Gorsuch hails 'rule of law' in Harvard appearance": Travis Andersen of The Boston Globe has this report.

According to the article:

Gorsuch drew laughter from the crowd when he shared a bizarre anecdote from his time at Oxford.

He recalled meeting a dean for tea and noticing a life-sized nude sex doll in the room. The dean introduced the doll as Sandy and said that when necessary, "Sandy would supply the answers," Gorsuch said.

"Did Sandy supply the answers?" Rosen asked.

The justice paused as the guests erupted in laughter and then gave a succinct response.

"Not for me," Gorsuch said.


Posted at 10:28 AM by Howard Bashman


Friday, June 2, 2017

"Supreme Court Justice Neil Gorsuch: Rule of law 'a blessing.'" Steve LeBlanc of The Associated Press has this report.
Posted at 11:17 PM by Howard Bashman


"Supreme strength: Justice Ginsburg's workout becomes a book." Jessica Gresko of The Associated Press has this report.
Posted at 11:12 PM by Howard Bashman


"The U.S. Supreme Court Is Reining in Patent Trolls, Which Is a Win for Innovation": Larry Downes has this post online at the Harvard Business Review.
Posted at 08:32 PM by Howard Bashman


"Supreme Court sets deadline for travel ban filings": Josh Gerstein of Politico.com has this blog post.
Posted at 08:30 PM by Howard Bashman


"Oops: Supreme Court mistakenly threatens to disbar Mass. Bar Association leader." Michael Levenson of The Boston Globe has this report.
Posted at 08:26 PM by Howard Bashman


"Jury chosen for BPI-ABC trial": Nick Hytrek of The Sioux City (Iowa) Journal has an article that begins, "The jurors chosen to decide Beef Products Inc.'s $1.9 billion defamation lawsuit against ABC can perhaps hope that estimates of how long the trial will last turn out the same way as estimates on jury selection."
Posted at 01:54 PM by Howard Bashman


"A final appeal: Donald Trump asks the Supreme Court to reinstate his travel ban; The justices will decide whether to hear the case in the autumn -- and whether the ban should go into effect in the meantime." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 01:50 PM by Howard Bashman


"Retired generals, admirals urge Supreme Court to hear Guantanamo case": Carol Rosenberg of The Miami Herald has this report.
Posted at 01:38 PM by Howard Bashman


"Florida asks to Supreme Court to dump pro-Georgia water ruling": Aaron Gould Sheinin of The Atlanta Journal-Constitution has this report.

And Bruce Ritchie of Politico.com reports that "Florida asks U.S. Supreme Court to save Apalachicola River, oyster industry."
Posted at 01:32 PM by Howard Bashman



"Religious freedom or bigotry? Supreme Court mulls high-stakes gay wedding cake case." Steve Kurtz of FoxNews.com has this report.
Posted at 01:26 PM by Howard Bashman


"Montana Supreme Court Cites Biggie Smalls, N.W.A., Scarface; A man who faced federal distribution charges argued the state's possession prosecution was double jeopardy": Ed Krayewski has this post at the "Hit & Run" blog of Reason.com.
Posted at 01:20 PM by Howard Bashman


Thursday, June 1, 2017

"Trump turns to Supreme Court to move forward on travel ban": Robert Barnes and Ann E. Marimow of The Washington Post have this report.

Mark Sherman and Sadie Gurman of The Associated Press report that "Trump asks Supreme Court to reinstate travel ban."

Greg Stohr of Bloomberg News reports that "Trump Takes Battle Over Travel Ban to Nation's Highest Court."

Ariane de Vogue and Laura Jarrett of CNN.com report that "Trump admin appeals travel ban case to Supreme Court."

And Chris Geidner of BuzzFeed News reports that "Trump Admin Asks Supreme Court To Allow Enforcement Of Travel Ban While Court Considers Appeal."

Via the "Just Security" blog, you can access both the stay application and the petition for writ of certiorari that the federal government filed tonight in the U.S. Supreme Court.
Posted at 11:42 PM by Howard Bashman



"The dukes and earls of the appellate kingdom should learn to respect a trial court's job." Circuit Judge J. Harvie Wilkinson III's choice to conclude his dissenting opinion with that sentence was sure to provoke a spirited response from the majority, as it did in this ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 11:11 PM by Howard Bashman


"Religious liberty battle still rages over gay marriage": Richard Wolf of USA Today has this report.
Posted at 10:32 PM by Howard Bashman


"If Trump Tries to Silence Comey, Expect Sparks to Fly": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 10:22 PM by Howard Bashman


"Swift Justice: The Battle for the Fastest Justice Heats Up." Kimberly Robinson has this post at the "U.S. Law Week: On the Merits Blog."
Posted at 03:24 PM by Howard Bashman


"NRA loses appeal of California firearm fee": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

Erin E. Murphy argued the appeal, and Paul D. Clement was on the brief, for the challengers of the fee, so perhaps we haven't heard the last of this case.
Posted at 03:18 PM by Howard Bashman



"Nine at last, Supreme Court justices sit for class photo ahead of busy month": Ariane de Vogue of CNN.com has this report.

And Cristian Farias of HuffPost reports that "The Supreme Court Posed For Its First 'Class' Photo Since Justice Scalia's Death; It's also the first time the court's newest member, Neil Gorsuch, posed for formal shots with his colleagues."
Posted at 03:08 PM by Howard Bashman



"Appeals court: Courts cannot have blanket shackling policy." The Associated Press has this report on a 6-to-5 en banc ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday. Judge Alex Kozinski wrote the majority opinion. Kozinski's former law clerk, Circuit Judge Sandra S. Ikuta, wrote the dissenting opinion.
Posted at 12:53 PM by Howard Bashman


"Judge Rebecca Dallet to challenge Justice Michael Gableman in Wisconsin Supreme Court race": Patrick Marley of The Milwaukee Journal Sentinel has this report.
Posted at 12:08 PM by Howard Bashman


"Trump administration reversing Obamacare's birth control mandate": Richard Wolf of USA Today has this report.

And at the "Take Care" blog, Nick Bagley has a post titled "The New Contraception Rule Is Procedurally Flawed."
Posted at 11:53 AM by Howard Bashman



"Manning, Professor and Constitutional Law Scholar, Named Law School Dean": Jamie D. Halper of The Harvard Crimson has this report.

And Harvard Law Today reports that "John Manning to lead Harvard Law School; Prominent constitutional scholar to become next dean starting in July."
Posted at 11:44 AM by Howard Bashman



"DeVos and family members donated to Trump judicial nominee": Seung Min Kim of Politico.com has this report.
Posted at 11:32 AM by Howard Bashman


"Domestication or Absolute Resistance? A Semi-Supreme-Court Symposium Question." Paul Horwitz had this post yesterday at "PrawfsBlawg."

And today at the "Take Care" blog, Leah Litman, Helen Klein Murillo, and Steve Vladeck have a post titled "The Rule of Law and the Resistance Police."
Posted at 11:30 AM by Howard Bashman



"Why Justice Kennedy May Not Leave The Court Right Now": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 11:08 AM by Howard Bashman


In the June 2017 issue of ABA Journal magazine: Mark Walsh has an article headlined "Should the Supreme Court select some cases by chance?"

David L. Hudson Jr. has an article headlined "Paying for Free Speech: Proposed laws would regulate public protests."

Hudson also has an article headlined "Are blogs commercial speech? California bar gives advertising guidance."

Jason Tashea has an article headlined "Changes in criminal procedure rule could expand the government's investigative net."

Jenny B. Davis has an interview headlined "10 Questions: Judge and former NFL player Dwayne Woodruff pushes to achieve."

And ABA President Linda A. Klein has an essay titled "Independent courts are vital to democracy."
Posted at 11:07 AM by Howard Bashman



"The Chimerical Medicare Bar on Bankruptcy Jurisdiction": At the "Credit Slips" blog, John Pottow has a post that begins, "Statutory interpretation enthusiasts: prepare to nerd out on an issue on which the Court has a cert petition pending."
Posted at 10:52 AM by Howard Bashman


"Fearing Trump's next move, liberals urge Supreme Court conservative Kennedy to stay": Lawrence Hurley and Andrew Chung of Reuters have this report.
Posted at 10:50 AM by Howard Bashman






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