How Appealing

Friday, July 21, 2017

"Circuit Court Nominees In The Trump Administration: The Latest News And Rumor (Part 1); What are the chances of these folks getting confirmed?" David Lat has this post at "Above the Law."
Posted at 11:00 PM by Howard Bashman


"Judge: No connection to Adelsons in suspect's legal fees." Karl Etters of The Tallahassee Democrat has this report.

Gary Fineout of The Associated Press has a report headlined "Judge: Florida woman may keep mum on who's paying legal fees."

And at "Above the Law," David Lat has a post titled "The Dan Markel Case: Wendi Adelson Finds A New Job; Any negative views people might have about Wendi Adelson haven't stopped her from landing a prominent post."
Posted at 10:46 PM by Howard Bashman



"After Supreme Court Decision, People Race To Trademark Racially Offensive Words": Ailsa Chang had this audio segment on this evening's broadcast of NPR's "All Things Considered."
Posted at 09:24 PM by Howard Bashman


"Ginsburg: Justices felt Trump travel ban 'too restrictive.'" Mark Sherman of The Associated Press has this report.
Posted at 09:15 PM by Howard Bashman


"Trump Can't Escape the States: No matter whom he fires or pardons, the president won't be able to hide from state attorneys general." Law professor Jed Handelsman Shugerman has this jurisprudence essay online at Slate.
Posted at 04:44 PM by Howard Bashman


"Lawyers Aren't Wizards: There's no magic legal spell to remove Donald Trump from office. Americans are just going to have to stand up and fight his abuses of power." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 04:40 PM by Howard Bashman


"Trump's Pardoning Himself Would Trash Constitution; A king might be above the law, but the president is not; This isn't even worth debating": Law profesor Noah Feldman has this essay online at Bloomberg View.
Posted at 04:36 PM by Howard Bashman


"State of Kentucky must pay nearly $225,000 in legal fees for Kim Davis case": John Cheves of The Lexington Herald-Leader has this report.

Andrew Wolfson of The Courier-Journal of Louisville, Kentucky reports that "Taxpayers on hook for Kentucky clerk Kim Davis' fight against gay marriage."

And Adam Beam of The Associated Press reports that "Kentucky told to pay attorney fees in same-sex marriage case."
Posted at 01:32 PM by Howard Bashman



"Court upholds Obama rule banning vaping on airplanes": Timothy Cama of The Hill has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.

Senior Circuit Judge Douglas H. Ginsburg -- who apparently knows a thing or two about smoking things other than traditional cigarettes -- issued a dissenting opinion.
Posted at 01:23 PM by Howard Bashman



"If Trump Pardons, It Could Be a Crime": Law professors Daniel Hemel and Eric Posner have this essay online at The New York Times.

And Eric Posner also has a related blog post titled "If Trump pardons, it could be a crime; with further meta-legal implications."
Posted at 01:03 PM by Howard Bashman



"AG Schimel Reports End-Of-Term Results for the Office of the Solicitor General": The Wisconsin Department of Justice issued this news release today.
Posted at 12:58 PM by Howard Bashman


"Lady Hale becomes first woman president of UK Supreme Court": Frances Gibb of The Times of London has this report.

Haroon Siddique of The Guardian (UK) reports that "Brenda Hale appointed as UK supreme court's first female president; A champion of diversity in the judiciary, Lady Hale will take up role as head of the UK's highest court in October."

Lizzie Dearden of The Independent (UK) reports that "Baroness Hale of Richmond becomes first woman appointed as UK's most senior judge; Landmark appointment comes after judiciary statistics show women and ethnic minorities remain under represented."

Nick Enoch of The Daily Mail (UK) reports that "Baroness, 72, who said judges SHOULD be 'boring old farts' becomes the first woman to lead the Supreme Court."

BBC News reports that "Baroness Hale appointed as UK's first female top judge."

And the Supreme Court of the United Kingdom has issued a news release titled "Lady Hale appointed next President of Supreme Court, alongside three new Justices."
Posted at 08:45 AM by Howard Bashman



Thursday, July 20, 2017

"Brenda Hale to become supreme court's first female president -- reports; Lady Hale, who has long campaigned for greater diversity in the judiciary, is said to be taking up the role as three other supreme court posts are filled": Nicola Slawson of The Guardian (UK) has this report.
Posted at 10:18 PM by Howard Bashman


"Louisville attorney John Bush confirmed 51-47 for seat on federal court of appeals": Andrew Wolfson of The Courier-Journal of Louisville, Kentucky has this report.
Posted at 03:21 PM by Howard Bashman


"A Prisoner's Only Writing Machine": Daniel A. Gross has this post online at The New Yorker.
Posted at 03:18 PM by Howard Bashman


"The Dark History of Defining 'Family'": Mae Ngai has this essay online at The New York Times.
Posted at 03:02 PM by Howard Bashman


"A judiciary transformed at blazing speed": In today's edition of The Washington Post, columnist Ronald A. Klain has an op-ed that begins, "Progressives breathed a sigh of relief recently when Justice Anthony M. Kennedy decided to remain on the Supreme Court for presumably at least one more year. But no matter how long Kennedy stays, a massive transformation is underway in how our fundamental rights are defined by the federal judiciary."
Posted at 02:58 PM by Howard Bashman


"Protesters plan to show abortion on Jumbotron in downtown Louisville": Deborah Yetter and Tessa Weinberg of The Courier-Journal of Louisville, Kentucky have this report, along with a related article headlined "Buffer zone sought at Louisville abortion clinic ahead of Operation Save America protests."
Posted at 01:44 PM by Howard Bashman


"Senate confirms judge who equated abortion with slavery": The Associated Press has this report.

And Alex Swoyer of The Washington Times reports that "Senate confirms John Bush, Trump's 6th Circuit Court pick."

You can view the official roll call vote tally approving the nominee by a vote of 51-to-47 at this link.
Posted at 01:35 PM by Howard Bashman



"Supreme Court's Junior Justice Has to Run the Cafeteria; Don't Eat There; Court tradition requires newcomers to serve on the cantina committee, field complaints about liberally salted oatmeal, conservative mayonnaise levels; Alito's pudding parfait predicament": Jess Bravin will have this front page article in Friday's edition of The Wall Street Journal.
Posted at 01:28 PM by Howard Bashman


"Sessions Vows to Stay on as Attorney General 'as Long as That Is Appropriate'": Eileen Sullivan and Rebecca R. Ruiz of The New York Times have this report.
Posted at 12:57 PM by Howard Bashman


"Chief Justice Roberts says criticism won't stop judges": The Associated Press has this report.
Posted at 11:48 AM by Howard Bashman


"Jones Day's Review of Business-Related Cases in the Supreme Court's October Term 2016": As noted in this news release, the Jones Day law firm has issued this white paper.
Posted at 10:58 AM by Howard Bashman


"The Senate Is About To Confirm A Federal Judge Who Compared Abortion To Slavery; NARAL is pressuring five GOP senators to help sink John Bush's nomination": Jennifer Bendery of The Huffington Post has this report.

Todd Ruger of Roll Call reports that "John Bush Nomination Exposes Partisan Divide; Kentucky jurist's anonymous blog posts brings up questions of temperament."

John Riley of Washington, DC's Metro Weekly reports that "Senate paves way for confirmation of anti-LGBTQ judge to 6th Circuit; LGBTQ groups alarmed at John K. Bush's stances on marriage equality and privacy, and his use of anti-gay slurs."

And Ian Millhiser of ThinkProgress has an essay titled "Senate set to confirm unhinged right-wing blogger to powerful court: The Donald Trump of judges."
Posted at 10:54 AM by Howard Bashman



"Will East Texas be able to keep patent cases, despite the Supreme Court? A single work-at-home salesman may be enough to push ahead with a patent trial." Joe Mullin of Ars Technica has this report.
Posted at 08:32 AM by Howard Bashman


"Supreme Court building to get $1B rehab in 2023, well after systems risk failure; Building elements at risk of collapse before rehabilitation project can begin": Dean Beeby of CBC News has this report.
Posted at 08:30 AM by Howard Bashman


"We disrupted the U.S. Supreme Court to protest money in politics." Matt Kresling has this post at Medium.com.
Posted at 08:26 AM by Howard Bashman


"The Supreme Court and the Law of Motion": Linda Greenhouse has this essay online at The New York Times.
Posted at 08:20 AM by Howard Bashman


Wednesday, July 19, 2017

"Richard Cordray is running for Ohio governor, Supreme Court justice was told": Jeremy Pelzer of The Cleveland Plain Dealer has an article that begins, "Former Ohio Attorney General Richard Cordray is going to run for governor of Ohio, Ohio Supreme Court Justice Bill O'Neill said he was told last week by a mutual friend."
Posted at 10:58 PM by Howard Bashman


"U.S. appeals court voids Libor convictions of ex-London traders": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 10:54 PM by Howard Bashman


This headline is mostly true -- "A Florida judge quoted 'Game Of Thrones' in his latest ruling on free speech": Except the author of the decision -- Eleventh Circuit Judge Robin S. Rosenbaum -- is female.

If only there were somewhere that people might look to avoid making an incorrect assumption about a judge's gender. And, for the record -- Batman fans notwithstanding -- Judge Rosenbaum can't even lay claim to having the most gender deceptive first name among current Eleventh Circuit judges.
Posted at 10:26 PM by Howard Bashman



"Presidential Revisionism: The New York Times published the flimsiest defense of Trump's apparent emoluments violations yet." Gautham Rao and Jed Handelsman Shugerman have this jurisprudence essay online at Slate.
Posted at 08:46 PM by Howard Bashman


"Letting Obamacare Fail Would Break Trump's Oath: It's a violation of the Constitution to intentionally kill a valid law." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:42 PM by Howard Bashman


"A Prayer for the Real Victims: For Jeff Sessions and the Supreme Court, the battle for Christians' religious liberty is one of the only fights that matters." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:37 PM by Howard Bashman


"Citing Recusal, Trump Says He Wouldn't Have Hired Sessions": Peter Baker, Michael S. Schmidt, and Maggie Haberman of The New York Times have this report.
Posted at 08:26 PM by Howard Bashman


"The Supreme Court's Travel Ban": Joshua Matz has this post at the "Take Care" blog.
Posted at 05:32 PM by Howard Bashman


"Benchslap Of The Day: Sometimes Less Is More, Counselor; Protip: try not to raise 29 issues on appeal." David Lat has this post at "Above the Law."

My coverage from earlier this afternoon can be accessed here.
Posted at 05:18 PM by Howard Bashman



"Judge Merrick Garland For President -- Of Harvard University; The former Supreme Court nominee would make a perfect leader for the great university": David Lat has this post at "Above the Law."
Posted at 02:33 PM by Howard Bashman


"Ninth Circuit poised to resolve major free speech issue in secret proceeding": Paul Alan Levy has this post at the "Consumer Law & Policy Blog" of the Public Citizen Litigation Group.
Posted at 02:30 PM by Howard Bashman


"Murder of FSU law professor reaches third-year anniversary": Julie Montanaro of WCTV Eyewitness News has a report that begins, "On July 18, 2014, Florida State University Law professor Dan Markel was gunned down in his own driveway."
Posted at 02:24 PM by Howard Bashman


Pa. Superior Court criticizes appellate counsel for defendants/appellants for raising too many issues but softens the blow by overturning $38.5 million punitive damages award: You can access yesterday's ruling of a unanimous three-judge panel of the Superior Court of Pennsylvania at this link. The criticism to which the title of this post refers appears in footnote 20 of the opinion, on page 14, which you can access directly by clicking here.

Although counsel for plaintiffs/appellees/cross-appellants only raised an additional two issues, they too were the subject of the panel's criticism for violating "our admonition against multiplication of marginal issues" (see footnote 22 on page 17 via this link).

Teresa Ficken Sachs served as lead appellate counsel for defendants/appellants, and Charles Becker served as lead appellate counsel for plaintiffs/appellees/cross-appellants.
Posted at 02:08 PM by Howard Bashman



"Supreme Court allows Trump travel ban enforcement, but says it must allow broader exemptions for relatives": Robert Barnes of The Washington Post has this report.

Adam Liptak of The New York Times reports that "Trump Refugee Restrictions Allowed for Now; Ban on Grandparents Rejected."

Richard Wolf of USA Today reports that "Supreme Court allows more exemptions to Trump travel ban."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court partly rejects Trump on travel ban."

Mark Sherman of The Associated Press reports that "Justices allow strict enforcement of Trump refugee ban."

And Ariane de Vogue of CNN.com reports that "Supreme Court says grandparents, relatives can enter US despite travel ban."

You can access today's order of the U.S. Supreme Court at this link.
Posted at 01:54 PM by Howard Bashman



"Sandra Day O'Connor Conversation Featuring Associate Justice Elena Kagan": The Aspen Institute has posted on YouTube at this link the video of this recent event.
Posted at 11:10 AM by Howard Bashman


"High Court Report Card: How the Third Circuit Fared in 2016-17." You can access this month's installment of my "Upon Further Review" column published in The Legal Intelligencer -- Philadelphia's daily newspaper for lawyers -- at this link.

This month's column includes a shout-out to the late Third Circuit Judge Abraham Lincoln Freedman.
Posted at 08:32 AM by Howard Bashman



"Presidential Obstruction of Justice": Law professors Daniel Hemel and Eric A. Posner have posted this article at SSRN.
Posted at 08:30 AM by Howard Bashman


"Beverage industry appeals to Pa. Supreme Court": Julia Terruso of The Philadelphia Inquirer has an article that begins, "The American Beverage Association, along with local merchants fighting the Philadelphia Sweetened Beverage Tax, has appealed a June ruling upholding the levy."
Posted at 08:24 AM by Howard Bashman


"Betty Dukes, Greeter Whose Walmart Lawsuit Went to Supreme Court, Dies at 67": Michael Corkery of The New York Times has written this obituary.
Posted at 08:22 AM by Howard Bashman


"Felicity Jones Set As SCOTUS Justice Ruth Bader Ginsburg In 'On The Basis Of Sex'": Mike Fleming Jr of Deadline.com has this report.

Kate Feldman of The New York Daily News reports that "Felicity Jones to play Supreme Court Justice Ruth Bader Ginsburg in 'On the Basis of Sex' biopic."

And Oliver Gettell of Entertainment Weekly reports that "Felicity Jones to play Ruth Bader Ginsburg in On the Basis of Sex; The 'Rogue One' actress replaces Natalie Portman."
Posted at 08:17 AM by Howard Bashman



"Oyez! Originalists, Open Minds And The Supreme Court." This audio segment featuring Edward Gero, Ian Samuel, Joan Biskupic, and Adam Liptak appeared on yesterday's broadcast of WAMU Radio's 1A.
Posted at 08:10 AM by Howard Bashman


"Why the Supreme Court needs 18-year term limits": Attorney Ben Feuer has this essay online at The Los Angeles Times.
Posted at 08:03 AM by Howard Bashman


Tuesday, July 18, 2017

"Judicially Supervised Plunder": At the blog of the Library of Law and Liberty, Mark Pulliam has a post that begins, "The unexpected retirement of Judge Janice Rogers Brown, 68, from the U.S. Court of Appeals for the D.C. Circuit will trigger a well-deserved celebration of her extraordinary judicial career, both as a federal appellate judge (since 2005) and previously as a member of the California Supreme Court (1996 to 2005)."
Posted at 11:18 AM by Howard Bashman


"A Changing of the Guard? (Probably Not But the Evidence is Mixed)" Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 11:14 AM by Howard Bashman


Monday, July 17, 2017

"A Defender of the Constitution, With No Legal Right to Live Here": In Tuesday's edition of The New York Times, Jennifer Medina will have an article that begins, "She spends her days preparing legal strategies to help undocumented immigrants stay in the country. But at any moment, Lizbeth Mateo could be picked up for deportation herself. She is an immigration lawyer with her own immigration lawyer."
Posted at 11:08 PM by Howard Bashman


"Gorsuch encourages tolerance among new citizens": The Associated Press has this report.
Posted at 09:03 PM by Howard Bashman


"U.S. appeals court upholds gag orders on FBI data surveillance": Dustin Volz of Reuters has this report on a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 09:00 PM by Howard Bashman


"Restoration of the judiciary continues; The Senate Judiciary Committee advances a slate of new judges": This editorial appears online at The Washington Times.
Posted at 06:05 PM by Howard Bashman


"Gay Rights Groups Seek One More Win From Justice Kennedy": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 02:38 PM by Howard Bashman


"The troubling politics of the Texas Supreme Court's reversal on same-sex benefits": Emma Kromm has this post at Facing South, the online magazine of the Institute for Southern Studies.
Posted at 01:54 PM by Howard Bashman


"Gorsuch-like Nominee Eid 'Inspiration' as Working Mother": Patrick L. Gregory of Bloomberg BNA has this report.
Posted at 01:22 PM by Howard Bashman


"We all expect better than these 2 Trump judicial nominations": Attorney Mary L. Bonauto has this essay online at The Bangor (Me.) Daily News.
Posted at 01:16 PM by Howard Bashman


"Fifth Circuit Ruling Threatens LGBT Rights & Religious Freedom": Joshua Matz has this post at the "Take Care" blog.
Posted at 01:08 PM by Howard Bashman


"A Supreme Court mystery: Has Roberts embraced same-sex marriage ruling?" Robert Barnes has this article in today's edition of The Washington Post.
Posted at 08:14 AM by Howard Bashman


Sunday, July 16, 2017

"Woman suing Planet Fitness appeals to Michigan Supreme Court": John Kennett of The Midland (Mich.) Daily News has an article that begins, "A local woman's lawsuit claiming sexual harassment and retaliation against a Midland gym where she encountered a transgender woman has been appealed to the state's highest court, the Michigan Supreme Court."

And Bob Johnson of MLive.com reports that "Planet Fitness transgender locker room case heads to Michigan Supreme Court."
Posted at 09:00 PM by Howard Bashman



"Supervisor stole $116,000 from Louisiana Supreme Court with elaborate plan, State Police say": Earlier this month, Matt Sledge of The New Orleans Advocate had an article that begins, "A payroll supervisor bilked the Louisiana Supreme Court of $116,000 by setting up an elaborate web of fake judicial appointments and far-flung bank accounts, according to the State Police."
Posted at 08:55 PM by Howard Bashman


"Don't Let Our Democracy Collapse": In the SundayReview section of today's edition of The New York Times, law professor Richard L. Hasen -- author of the "Election Law Blog" -- has an essay that begins, "The strength and integrity of the American electoral process are under tremendous strain, but the worst may be yet to come."
Posted at 08:50 PM by Howard Bashman


"Mohamed Mohamud's lawyers petition U.S. Supreme Court to review conviction": Maxine Bernstein of The Oregonian has an article that begins, "Federal defenders are asking the U.S Supreme Court to review the conviction of Mohamed Osman Mohamud for trying to detonate a bomb during downtown Portland's holiday tree-lighting ceremony."
Posted at 08:44 PM by Howard Bashman


Saturday, July 15, 2017

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


"Did This Judge's Tweeting Constitute Reversible Error? The Ninth Circuit has spoken." David Lat has this post, linking to my most recent coverage of this matter, at "Above the Law."
Posted at 01:30 PM by Howard Bashman


Friday, July 14, 2017

"Trump faces obstacles in bid to re-shape key U.S. courts": Lawrence Hurley of Reuters has this report.
Posted at 11:35 PM by Howard Bashman


"Legal Arguments in 'Monkey Selfie' Case Are Bananas at Hearing": At the "THR, Esq." blog of The Hollywood Reporter, Ashley Cullins has this post reporting on an oral argument that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit heard on Wednesday.

You can view the video of the oral argument on YouTube at this link.

And in related news coverage, Camilla Turner of The Telegraph (UK) reports that "Photographer in bizarre selfie court battle reveals that being sued by a monkey has left him broke."
Posted at 11:00 PM by Howard Bashman



"Rowan County commissioners' prayer practices again ruled unconstitutional": Josh Bergeron of The Salisbury (N.C.) Post has an article that begins, "By a 10-5 count, a federal court on Friday ruled that Rowan County commissioners' prayer practices from 2007 to 2013 were unconstitutional."

Michael Gordon and LaVendrick Smith of The Charlotte Observer report that "Appeals court tells Rowan County to find another way to pray."

Jonathan Stempel of Reuters reports that "Appeals court calls North Carolina county's prayer unconstitutional."

And Alanna Durkin Richer of The Associated Press has a report headlined "Court: Commissioners' prayer practice violated Constitution."

You can access today's ruling of the en banc U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 10:30 PM by Howard Bashman



"Trump Administration Asks Supreme Court To Reverse New Limits On Travel Ban; A federal judge in Hawaii on Thursday has provided protections from the travel ban for grandparents and some other family members, as well as additional refugee protections": Chris Geidner of BuzzFeed News has this report.
Posted at 10:14 PM by Howard Bashman


"Richland floral shop owner wants U.S. Supreme Court to review discrimination ruling": Kristin M. Kraemer of The Tri-City Herald of Kennewick, Washington has an article that begins, "Barronelle Stutzman is taking the discrimination case against her Richland flower shop to the U.S. Supreme Court."
Posted at 10:08 PM by Howard Bashman


"Court sides with NY archdiocese in major religious liberty decision": Matt Hadro of Catholic News Agency has a report that begins, "A federal court ruled Friday that the Archdiocese of New York had the right not to [re]hire a diocesan school principal in a First Amendment religious freedom decision."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 09:51 PM by Howard Bashman



"U.S. Supreme Court Justice Neil M. Gorsuch to Attend Ninth Circuit Judicial Conference": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.

And in related coverage, The Associated Press reports that "Supreme Court justice cancels visit after wife fractures hip."
Posted at 09:45 PM by Howard Bashman



"California Supreme Court Moves to Make Bar Exam Easier to Pass": Elizabeth Olson has this article in today's edition of The New York Times.

A corrected appended to the article notes that "the public information officer for the California Supreme Court . . . , Cathal Conneely, is a man."
Posted at 09:37 PM by Howard Bashman



"At Site of Scopes Trial, Darrow Statue Belatedly Joins Bryan's": Richard Fausset of The New York Times has this report.
Posted at 09:07 PM by Howard Bashman


"Plot Thickens on Class Member Test Awaiting SCOTUS Eye": Perry Cooper of Bloomberg BNA has this report.
Posted at 04:16 PM by Howard Bashman


"Justice David R. Stras -- Nominee for the U.S. Court of Appeals for the Eighth Circuit": Harsh Voruganti has this post at his blog, "The Vetting Room."
Posted at 03:50 PM by Howard Bashman


Thursday, July 13, 2017

"Silver May Start 'Parade of Horribles' Out of McDonnell Case, Critics Say": Alan Feuer of The New York Times has this report.
Posted at 11:23 PM by Howard Bashman


"Timber giant loses in court again over $100 million Moonlight Fire settlement": Sam Stanton of The Sacramento Bee has an article that begins, "A federal appeals court on Thursday rejected efforts by Sierra Pacific Industries to back out of a $100 million settlement over the massive Moonlight Fire that it claims was based on fraud and deception by government prosecutors in Sacramento."

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

And in earlier coverage of the case at "Above the Law," David Lat had a post titled "A Federal Judge And His Twitter Account: A Cautionary Tale; Do you think this judge crossed the line in his use of social media?"
Posted at 09:03 PM by Howard Bashman



"Md. redistricting case could stall while Supreme Court hears Wisconsin case": Josh Hicks of The Washington Post has this report.
Posted at 08:33 PM by Howard Bashman


"Four of Trump's judicial nominees clear Senate committee": Alex Swoyer of The Washington Times has this report.

And last week, Melissa Nann Burke of The Detroit News reported that "Trump's Michigan judicial nominee hits a snag."
Posted at 08:30 PM by Howard Bashman



"Former Pitt neuroresearcher Robert Ferrante appeals conviction for killing wife": Paula Reed Ward of The Pittsburgh Post-Gazette has this report.
Posted at 08:15 PM by Howard Bashman


"Sheldon Silver's 2015 Corruption Conviction Is Overturned": Benjamin Weiser of The New York Times has this report.

Matthew Hamilton of The Times Union of Albany, New York reports that "Appeals court overturns conviction of Sheldon Silver; Judges cite McDonnell decision in ruling in former Assembly speaker's case."

Kaja Whitehouse and Lia Eustachewich of The New York Post report that "Sheldon Silver's corruption conviction is overturned" and "Prosecutors vow to retry Silver on corruption charges."

Victoria Bekiempis, Glenn Blain, and Larry McShane of The New York Daily News report that "Ex-Assembly Speaker Sheldon Silver's 2015 corruption conviction overturned."

Jonathan Stempel and Joseph Ax of Reuters report that "Ex-New York Assembly Speaker Silver has conviction voided, faces retrial."

David Klepper and Larry Neumeister of The Associated Press report that "Conviction of ex-NY Assembly speaker tossed; retrial sought."

And Bill Mahoney of Politico.com reports that "Appeals court overturns Sheldon Silver conviction."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 02:08 PM by Howard Bashman



"Yes, Trump Can Accept Gifts": Josh Blackman and Seth Barrett Tillman have this essay online at The New York Times.
Posted at 12:00 PM by Howard Bashman


"Benched: Abortion, Terrorists, Drones, Crooks, Supreme Court, Kennedy, Nixon, Demi Moore, and Other Tales from the Life of a Federal Judge." Senior Second Circuit Judge Jon O. Newman has written a new book, and you can learn more about it here and here.
Posted at 11:54 AM by Howard Bashman


"Why the U.S. could see more executions this year": Mark Berman of The Washington Post has this report.
Posted at 11:48 AM by Howard Bashman


"Uncertainty swirls around Trump nominations; White House delay in floating names for Oregon seat on powerful U.S. Ninth U.S. Circuit Court of Appeals and top federal prosecutor job has sparked speculation U.S. Rep. Greg Walden's picks are not a sure thing": Nick Budnick of the Portland (Ore.) Tribune has this report.
Posted at 11:44 AM by Howard Bashman


"Two Trump federal appeals court nominees survive judiciary committee votes": Ryan Lovelace of the Washington Examiner has this report.
Posted at 11:40 AM by Howard Bashman


"Developing the Court's Precedent 2016": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 11:32 AM by Howard Bashman


Wednesday, July 12, 2017

"U.S. Court of Appeals upholds Wisconsin's 'right-to-work' law": Patrick Marley of The Milwaukee Journal Sentinel has this report.

And Timothy Mclaughlin of Reuters reports that "U.S. appeals court upholds Wisconsin 'right-to-work' law."

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



"U.S. appeals court blocks release of HSBC money laundering report": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 09:25 PM by Howard Bashman


"Court orders new trial in case over shooting of Kevin Callahan": John Riley of Newsday has an article that begins, "A federal appeals court on Wednesday ordered a new trial in the civil suit over the controversial 2011 Suffolk police shooting of Kevin Callahan, an unarmed Selden man fatally shot three times in his home."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 09:18 PM by Howard Bashman



"Appeal of Guantanamo conviction hits snag over legal representation": Ian Simpson of Reuters has this report.

And Carol Rosenberg of The Miami Herald reports that "First war-court hearing on U.S. soil stops before it even gets started."
Posted at 08:16 PM by Howard Bashman



"The Definition of 'Emolument' in English Language and Legal Dictionaries, 1523-1806": Law professor John Mikhail has posted this interesting article on SSRN.
Posted at 11:17 AM by Howard Bashman


Tuesday, July 11, 2017

"President Trump's controversial conservatives vie for federal courts": Richard Wolf of USA Today has an article that begins, "Blogging under a pseudonym in 2008, Kentucky attorney John Bush opined that 'it makes a difference who wins elections' because 'it makes an awful lot of difference who appoints judges.'"
Posted at 11:12 PM by Howard Bashman


"Wells Fargo beats Cincinnati appeal in public nuisance lawsuit": Jonathan Stempel of Reuters has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 11:07 PM by Howard Bashman


"Death row inmate who shot in-laws in Fredericksburg granted evaluation": Ryan Autullo of The Austin American-Statesman has this report.

And Jolie McCullough of The Texas Tribune reports that "Texas death row inmate Scott Panetti to get further competency review."

You can access today's ruling of a largely divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.

Update: In other coverage, Eric M. Johnson of Reuters reports that "U.S. court orders evaluation for mentally ill Texas death row inmate."
Posted at 11:02 PM by Howard Bashman



"7th Circuit chief judge goes to war over . . . jurisdictional statements?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 10:09 PM by Howard Bashman


"Gorsuch 'More Conservative' Than Scalia in First Months": Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 12:03 PM by Howard Bashman


"2nd Circuit's Petrobras opinion is bad news for class action defendants at SCOTUS": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 11:58 AM by Howard Bashman


"Trump Begins Shifting Courts Rightward Just as Republicans Hoped": Paul Barrett and David Ingold of Bloomberg News have this report.
Posted at 11:54 AM by Howard Bashman


Monday, July 10, 2017

"Judge Janice Rogers Brown Announces Retirement": The U.S. Court of Appeals for the D.C. Circuit issued this news release today.

According to the announcement, "She will not take senior status."
Posted at 11:11 PM by Howard Bashman



Watch live at 1:30 p.m. eastern, 10:30 a.m. pacific: The 7th Annual Supreme Court Term in Review, moderated by law professor Richard L. Hasen -- author of the "Election Law Blog" and hosted by UC Irvine School of Law. You can view the live video starting soon via this link.

The panelists participating are Erwin Chemerinsky, Dean and Professor of Law, UC Berkeley Law School, Founding Dean, UCI Law; Circuit Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit; Justice Leondra R. Kruger of the Supreme Court of California; Leah Litman, UCI Law; and Greg Stohr of Bloomberg News.
Posted at 01:24 PM by Howard Bashman



"The Annual: OT2016 in Review (ft. Nina Totenberg)." You can access today's new episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 01:12 PM by Howard Bashman


Sunday, July 9, 2017

"The Generational Significance of the Travel Ban Cases: The Supreme Court could leave a legacy as enduring as Brown v Board of Education." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 09:54 PM by Howard Bashman


"All the President's Lawyers: Donald Trump's life and career have been defined by his legal battles; But do the attorneys who guided him through the courtrooms of New York and New Jersey know how to navigate Washington?" Jonathan Mahler has this article in today's edition of The New York Times Magazine.
Posted at 07:42 PM by Howard Bashman


"Canada Apologizes and Pays Millions to Citizen Held at Guantanamo Bay": In Saturday's edition of The New York Times, Ian Austen had an article that begins, "The government of Canada on Friday formally apologized to Omar Khadr, the only Canadian imprisoned at the United States military base at Guantanamo Bay, Cuba."

And Robert Fife and Jeff Gray of The Toronto Globe and Mail report that "Federal government officially apologizes to Omar Khadr."
Posted at 07:38 PM by Howard Bashman



"Justice Kennedy, Don't Retire": Carl Reiner has this essay in the SundayReview section of today's edition of The New York Times.
Posted at 07:33 PM by Howard Bashman


Saturday, July 8, 2017

"The Bootlegger, the Wiretap, and the Beginning of Privacy": Karen Abbott has this post online at The New Yorker.
Posted at 11:02 AM by Howard Bashman


Friday, July 7, 2017

"Judge's Expected Retirement Will Let Trump Appoint Conservative to Powerful Circuit; D.C. Circuit often stepping stone to Supreme Court": Jess Bravin of The Wall Street Journal has an article that begins, "President Donald Trump will soon have the ability to start remaking Washington's second-most powerful court, with the expected retirement of Judge Janice Rogers Brown from the U. S. Court of Appeals for the District of Columbia Circuit."

And Zoe Tillman of Buzzfed News reports that "Trump Will Get To Pick A New Judge For A Key Appeals Court."
Posted at 11:28 PM by Howard Bashman



"Justice Joan L. Larsen -- Nominee to the U.S. Court of Appeals for the Sixth Circuit": Harsh Voruganti has this post at his blog, "The Vetting Room."

And on Monday, while I was returning to the east coast from the west coast, Voruganti had a post titled "The Age Question."
Posted at 02:03 PM by Howard Bashman



"We take this opportunity to clarify the ascertainability doctrine's substance and purpose." So states this opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today in a class action appeal.
Posted at 01:56 PM by Howard Bashman


"Appeals court upholds Rabbi Mendel Epstein's conviction in kidnapping conspiracy": Kathleen Hopkins of The Asbury Park Press has a report that begins, "A federal appeals court today affirmed the convictions of Lakewood Rabbi Mendel Epstein and two other rabbis found guilty in a conspiracy to kidnap Orthodox Jewish husbands who refused to grant their wives permission to divorce."

And The Associated Press reports that "Convictions for Rabbis for Forced Divorces Upheld by Court."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 01:36 PM by Howard Bashman



"Court: Constitution Grants Right to Record Police in Public." The Associated Press has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 01:28 PM by Howard Bashman


Thursday, July 6, 2017

"Detained immigrant youths entitled to release hearing, court rules": Bob Egelko of The San Francisco Chronicle has this report.

Maura Dolan of The Los Angeles Times has an article headlined "9th Circuit judges: Minors who enter U.S. illegally may not be confined without court hearings."

In today's edition of The New York Times, Miriam Jordan has an article headlined "Detained Immigrant Children Are Entitled to Hearings, Court Rules."

In today's edition of The Sacramento Bee, Anita Chabria has a front page article headlined "Immigrant kids can't be detained without their day in court, 9th Circuit rules."

And Josh Gerstein of Politico.com has a blog post titled "9th Circuit: Unaccompanied immigrant children entitled to bail hearings."

Circuit Judge Stephen Reinhardt wrote yesterday's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 11:23 PM by Howard Bashman



"Trump's Life-Tenured Judicial Avatar": Linda Greenhouse has this essay online at The New York Times.
Posted at 10:50 PM by Howard Bashman


"Appeals court rules in favor of Jimmy John's franchisee; Ruling reverses decision that favored fired workers' push for a new sick policy": Mike Hughlett of The Minneapolis Star Tribune has this report on an en banc ruling that the U.S. Court of Appeals for the Eighth Circuit issued on Monday.

And in other coverage, Lawrence E. Dube of Bloomberg BNA reports that "Union 'Attacks' on Jimmy John's Went Too Far, Court Says."
Posted at 10:20 PM by Howard Bashman



"Army couple accused of abusing their 3 kids may get stiffer sentences": Thomas Moriarty of NJ.com has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 09:45 PM by Howard Bashman


"2017 Annual Supreme Court Review": The National Constitution Center has posted online the video of this event from earlier today, featuring Erwin Chemerinsky, Frederick Lawrence, and Dahlia Lithwick.
Posted at 09:30 PM by Howard Bashman


"Open and Shut: The obstruction of justice case against Trump is already a slam dunk." Law professor Samuel W. Buell has this jurisprudence essay online at Slate.
Posted at 09:18 PM by Howard Bashman


"An Important LGBT Rights Case Could Be Heard By The Supreme Court In The Coming Year": Chris Geidner of BuzzFeed News has this report.

Richard Wolf of USA Today reports that "Workplace bias against gays, lesbians may go to Supreme Court."

And Ariane de Vogue of CNN.com reports that "Lambda Legal says it will appeal employment discrimination case to Supreme Court."
Posted at 09:12 PM by Howard Bashman



"In Philly courts, whether they'll die in prison comes down to their birthday": Samantha Melamed has this front page article in today's edition of The Philadelphia Inquirer.

Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued a ruling rejecting an appellant's argument that the court should "expand the holding of Miller to offenders such as himself, who are 'just over age 18' at the time of their crimes."
Posted at 08:36 PM by Howard Bashman



"Davis honored by American Bar Association": At the "On the Record" blog of The Daily Record of Baltimore, Danny Jacobs has a post that begins, "Weeks before he becomes Baltimore's top lawyer, Andre M. Davis will receive national recognition for his impact on the justice system."
Posted at 04:22 PM by Howard Bashman


"Court Blocks E.P.A. Effort to Suspend Obama-Era Methane Rule": Lisa Friedman had this front page article in Tuesday's edition of The New York Times.

Juliet Eilperin and Steven Mufson of The Washington Post report that "Federal court blocks Trump EPA on air pollution."

Emily Flitter of Reuters reports that "Court rejects Trump administration move to delay methane regulation."

Laura Jarrett of CNN.com reports that "EPA mulls options after appeals court blocks delay of Obama-era methane gas rule."

And Megan Geuss of Ars Technica reports that "EPA must enforce methane emissions rules immediately after court decision; Obama-era rules on how methane is monitored by oil and gas companies remain."

You can access Monday's per curiam ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:32 PM by Howard Bashman



"NM town to US Supreme Court: Let Ten Commandments monument stand; ADF attorneys represent city of Bloomfield": Alliance Defending Freedom has issued this news release in connection with a petition for writ of certiorari the organization's attorneys filed today.
Posted at 01:15 PM by Howard Bashman


"Gorsuch already making conservative mark on Supreme Court, amid Kennedy rumors": Bill Mears of FoxNews.com has this report.
Posted at 01:09 PM by Howard Bashman


"First-Timers in the Court": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 12:12 PM by Howard Bashman


"Should There Be Age Limits for Federal Judges? A dialogue on when it's time to remove jurists from the bench." Slate has posted online this jurisprudence essay, consisting of a conversation between Seventh Circuit Judge Richard A. Posner and Senior U.S. District Judge Jed S. Rakoff (S.D.N.Y.), moderated by Joel Cohen.
Posted at 09:51 AM by Howard Bashman


Wednesday, July 5, 2017

"Marriage Equality May Soon Be in Peril: How the Supreme Court could overturn Obergefell v. Hodges." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 09:25 PM by Howard Bashman


"For a More Regulated Internet, Thank Canada; The U.S. does little to control online content, but companies may be forced to change anyway": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:22 PM by Howard Bashman


"The Most Important Question for Trump Judicial Nominees: How much executive authority do they think the president has?" Law professor Peter M. Shane has this jurisprudence essay online at Slate.
Posted at 09:16 PM by Howard Bashman


"America's Future Is Texas: With right-wing zealots taking over the legislature even as the state's demographics shift leftward, Texas has become the nation's bellwether." Lawrence Wright has this article in the July 10, 2017 issue of The New Yorker.
Posted at 04:42 PM by Howard Bashman


Tuesday, July 4, 2017

"California Supreme Court makes it harder for three-strike prisoners to get sentence reductions": Maura Dolan has this front page article in today's edition of The Los Angeles Times reporting on a 4-to-3 ruling that the Supreme Court of California issued on Monday.
Posted at 05:27 PM by Howard Bashman


"The Second Amendment Issue the Supreme Court Can't Avoid: The court chose not to hear a major case on concealed weapons, but pressure is mounting to remove state barriers." Matt Valentine has this essay online at Politico Magazine.
Posted at 05:06 PM by Howard Bashman


"'Little guys' won big at Supreme Court this year": Richard Wolf of USA Today has this report.
Posted at 04:52 PM by Howard Bashman


Monday, July 3, 2017

"Gorsuch Makes a Mark on the Court: Thomas, the consistent originalist, seems to have found a fellow traveler in his new colleague." Law professors Sai Prakash and John Yoo have this essay online at The Wall Street Journal.
Posted at 01:00 PM by Howard Bashman


"After 58 Years, Lyle Denniston Says Goodbye to the Supreme Court": Jesse Wegman has this Editorial Observer essay in today's edition of The New York Times.
Posted at 12:40 PM by Howard Bashman


"Confident and Assertive, Gorsuch Hurries to Make His Mark": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 12:38 PM by Howard Bashman


"OT2016 #27: 'Not Respectfully.'" You can access today's new episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 10:54 AM by Howard Bashman


"Happy 12th Birthday to the Southern District of Florida Blog": David Oscar Markus had this post yesterday at his "Southern District of Florida Blog."
Posted at 10:48 AM by Howard Bashman


"Supreme Court blockbusters: Gorsuch addition will bring on bigger cases." Alex Swoyer of The Washington Times has this report.
Posted at 12:15 AM by Howard Bashman


"Justice Gorsuch Delivers": This editorial appeared in Sunday's edition of The New York Times.
Posted at 12:12 AM by Howard Bashman


Sunday, July 2, 2017

"Congressional oversight of drone strikes a 'joke,' judge says": Bob Egelko of The San Francisco Chronicle has this report.

And Andrew Chung of Reuters reports that "Appeals court throws out lawsuit over drone strike deaths."

You can access Friday's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 11:50 PM by Howard Bashman



"The Supreme Court Is the Last Leakproof Institution: The last day of the term was full of news, as always, but none of it slipped out ahead of time." Law professor Stephen L. Carter recently had this essay online at Bloomberg View.
Posted at 11:36 PM by Howard Bashman


"Breakfast Table Redux: Dahlia Lithwick, Mark Joseph Stern, and Pamela Karlan chew over the recently completed Supreme Court term." Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 11:32 PM by Howard Bashman


"Leave the SCOTUS ghostwriters alone (SCOTUS Symposium)": Will Baude has this post at "PrawfsBlawg."
Posted at 11:28 PM by Howard Bashman


"Justice Neil Gorsuch Votes 100 Percent Of The Time With Most Conservative Colleague": Nina Totenberg of NPR has this audio segment.
Posted at 11:24 PM by Howard Bashman


"The best thing Chief Justice Roberts wrote this term wasn't a Supreme Court opinion": Robert Barnes of The Washington Post has this report.
Posted at 11:20 PM by Howard Bashman


"Chief Justice Roberts quoted this little-known 19th-century lawmaker in siding with religious institutions in church-state decision": Ann E. Marimow of The Washington Post has this report.
Posted at 01:52 PM by Howard Bashman


"K-12 and the U.S. Supreme Court: Highlights of the 2016-17 Term." Mark Walsh of Education Week has this report.
Posted at 01:50 PM by Howard Bashman


Access the July 2017 MoloLamken Supreme Court Business Briefing: At this link.
Posted at 01:46 PM by Howard Bashman


Programming note: This afternoon, I will be concluding my visit to northern California by visiting Oakland to watch the Athletics host the Atlanta Braves at the Oakland Coliseum. A preview of the game can be accessed here.

Having managed to begin and end my visit to California with Major League Baseball games (sandwiched between my visit to the Ninth Circuit's headquarters), tomorrow I will be heading home. Regular blogging will resume on Wednesday, with occasional updates appearing between now and then. As always while I am traveling, more frequent appellate-related retweets will appear on this blog's twitter feed.
Posted at 02:00 AM by Howard Bashman



Saturday, July 1, 2017

"Texas Supreme Court: No inherent right to gay marriage benefits." Chuck Lindell of The Austin American-Statesman has this report.

Lauren McGaughy of The Dallas Morning News reports that "Texas Supreme Court rules gay couples not guaranteed spousal benefits."

Rebecca Elliott of The Houston Chronicle reports that "Paxton cheers Texas Supreme Court ruling on same-sex benefits."

Alexa Ura of The Houston Chronicle reports that "Texas Supreme Court throws out ruling that favored same-sex marriage benefits."

Jim Vertuno of The Associated Press reports that "Texas court questions right of benefits for gay spouses."

Jon Herskovitz of Reuters reports that "Top Texas court sides against same-sex couple marriage benefits."

Dominic Holden of BuzzFeed News reports that "Texas Supreme Court Says It's Still Not Clear What Rights Same-Sex Couples Have."

And in commentary, online at Slate, Mark Joseph Stern has a jurisprudence essay titled "Texas Messes With Marriage Equality: The state Supreme Court's refusal to extend state spousal benefits to same-sex couples is an insidious attempt to defy Obergefell v. Hodges."

You can access Friday's unanimous ruling of the Supreme Court of Texas at this link.
Posted at 12:26 AM by Howard Bashman







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