How Appealing

Tuesday, August 22, 2017

"U.S. appeals court rules for TSA screener who had run-in with flier": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 10:24 PM by Howard Bashman


"Court ruling could broaden U.S. government environmental impact studies": Emily Flitter of Reuters has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 10:20 PM by Howard Bashman


"Court: Day laborers have 1st Amendment right to solicit jobs." The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 10:15 PM by Howard Bashman


"Yahoo owes millions for busting NCAA tournament bracket deal: court." Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 01:14 PM by Howard Bashman


"Federal appeals court reaffirms class status for inmates suing over prison heat": Keri Blakinger of The Houston Chronicle has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 01:08 PM by Howard Bashman


"Court in SF reinstates environmental suit against US military base": Bob Egelko of The San Francisco Chronicle has this report.

The Associated Press reports that "Appeals court revives suit over US military base in Japan."

And Helen Christophi of Courthouse News Service reports that "9th Circuit Revives Fight for Endangered Dugong on Okinawa."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 12:56 PM by Howard Bashman



Monday, August 21, 2017

"Wilkinson Walsh Lures SCOTUS Clerks With $350K Bonuses, Hires in 3 Cities": Katelyn Polantz of The National Law Journal has this report.
Posted at 10:14 PM by Howard Bashman


"The Fight Over Free Speech Online: When private companies take down Web pages, it isn't a First Amendment violation, but it does enrage many on the right." Andrew Marantz has this Talk of the Town item in the August 28, 2017 issue of The New Yorker.
Posted at 10:12 PM by Howard Bashman


"New Jersey Is Front Line in a National Battle Over Bail": Alan Feuer will have this article in Tuesday's edition of The New York Times.
Posted at 09:58 PM by Howard Bashman


"U.S. Chamber is no friend of the court: TCPA plaintiffs to 11th Circuit." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 09:55 PM by Howard Bashman


Sunday, August 20, 2017

"Texas seeks Supreme Court intervention in congressional redistricting case": Matt Woolbright of The Corpus Christi Caller-Times has this report.

Guillermo Contreras of The San Antonia Express-News reports that "State appeals redistricting ruling to Supreme Court."

Chuck Lindell of The Austin American-Statesman reports that "Texas appeals ruling requiring new congressional districts."

And James Barragan of The Dallas Morning News reports that "Texas plans to challenge invalidated congressional districts to Supreme Court."
Posted at 08:22 PM by Howard Bashman



"Gorsuch's speaking engagement undermines Supreme Court's integrity": The St. Louis Post-Dispatch has published this editorial.
Posted at 08:09 PM by Howard Bashman


"Supreme Court asked to nullify the Google trademark; The case comes two months after court's 'offensive' trademarks ruling": David Kravets of Ars Technica has this report.
Posted at 08:05 PM by Howard Bashman


"Crunching Data From this Past Term": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 08:02 PM by Howard Bashman


"Supreme Court justice to speak at UA": Ed Enoch of The Tuscaloosa News has this report.
Posted at 08:27 AM by Howard Bashman


Saturday, August 19, 2017

"Mathurin: No 8th Amendment Violation for 685-Month Sentence Imposed on a Juvenile." Andrew Adler has this post at the "Defense Newsletter Blog" about a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.
Posted at 11:28 PM by Howard Bashman


"11th Circuit vs. then-Judge Gorsuch": David Oscar Markus has this post at "The SDFLA Blog."
Posted at 11:24 PM by Howard Bashman


"Trump Officials Renew Effort to Expand Use of Prison at Guantanamo": Charlie Savage and Adam Goldman have this article in today's edition of The New York Times.
Posted at 11:15 PM by Howard Bashman


"Conviction upheld in Tampa terror plot": Jim Saunders of The News Service of Florida has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.
Posted at 11:11 PM by Howard Bashman


"When Five Supreme Court Justices Said a President Can Be Indicted": Ryan Goodman has this post at "Just Security."
Posted at 10:32 PM by Howard Bashman


"Speech in America is fast, cheap and out of control": Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online at The Los Angeles Times.
Posted at 10:28 PM by Howard Bashman


Friday, August 18, 2017

"Appeals court rejects Bismarck lawyer's case against bar association dues": ABC affiliate WDAY-6 of Fargo, North Dakota has this report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued yesterday.
Posted at 10:35 PM by Howard Bashman


"Comparison is the thief of happiness, it's sometimes said. But comparisons between cases are all we have in law and are at the heart of most legal disputes." So observes Circuit Judge Jeffrey S. Sutton in an opinion he issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.
Posted at 10:18 PM by Howard Bashman


"No sanctions for Detroit jail's group strip searches: court." Jonathan Stempel of Reuters has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 10:14 PM by Howard Bashman


"U.S. Court curbs power of police to seize cellphones": Jan Wolfe of Reuters 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.
Posted at 09:45 PM by Howard Bashman


"Why Americans Still Have to Fight for the Streets; The post-World War II Supreme Court offers a guide for understanding the threat of supremacists' words and actions": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:38 PM by Howard Bashman


"Protest Is Legal. Intimidation Is Different; The First Amendment must allow police to keep the peace": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:44 PM by Howard Bashman


"ACLU Will No Longer Defend Hate Groups Protesting With Firearms; Executive director says violence and guns at Charlottesville rally spurred new stance": Joe Palazzolo has this article in today's edition of The Wall Street Journal.
Posted at 01:40 PM by Howard Bashman


"Discussing The Lives And Legacies Of Jewish Supreme Court Justices": Devora Mandell of JewishPress.com has this report.
Posted at 01:35 PM by Howard Bashman


"Roger Taney statue removed from Maryland State House grounds overnight": Pamela Wood and Erin Cox of The Baltimore Sun have this report.

Josh Hicks of The Washington Post has an article headlined "Justice Taney defended slavery in 1857. Now his statue is gone from Md.'s State House."

Scott Calvert of The Wall Street Journal reports that "Maryland Removes Second Taney Statue Overnight; The monument to the former Supreme Court justice who wrote pro-slavery 'Dred Scott' decision was on State House grounds in Annapolis."

Brian Witte of The Associated Press reports that "Maryland removes Dred Scott ruling author's statue."

Susan Heavey of Reuters reports that "Maryland removes statue of 19th century slavery advocate."

And in related news coverage, Tirdad Derakhshani and Chris Mondics of The Philadelphia Inquirer have an article headlined "Philadelphia street has a Civil War-era link: Who was Roger Taney?"
Posted at 01:30 PM by Howard Bashman



Thursday, August 17, 2017

"Uber wins U.S. court appeal to push price-fixing case to arbitration": Jonathan Stempel of Reuters has this report.

Chris Dolmetsch of Bloomberg News reports that "Uber Wins Ruling in Bid to Keep Price-Fix Suit Out of Court."

Greg Bensinger of The Wall Street Journal reports that "Uber Wins Ruling on 'Terms of Service' Agreements; Federal court finds online agreements are binding, regardless of whether customers read or understand them."

And in commentary, Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a post titled "2nd Circuit's Uber arbitration ruling huge win for app industry."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 10:14 PM by Howard Bashman



"Federal Judicial Nominations: A Quick Recap; The August recess offers a good opportunity to evaluate the state of play in judicial nominations." David Lat has this post at "Above the Law."
Posted at 09:40 PM by Howard Bashman


"In Backing Alt-Right, A.C.L.U. Embraces Role in Defending 'Groups We Detest'": Joseph Goldstein of The New York Times has this report.
Posted at 09:15 PM by Howard Bashman


"Ban the Open Carry of Firearms": John Feinblatt has this essay online at The New York Times.
Posted at 09:08 PM by Howard Bashman


"U.S. Supreme Court Justice to Visit UA Law School": The University of Alabama issued this news release today.
Posted at 09:00 PM by Howard Bashman


"Neil Gorsuch Speech at Trump Hotel Raises Ethical Questions": Adam Liptak of The New York Times has this report.

And Matthew Nussbaum of Politico.com reports that "Gorsuch to headline event at Trump Hotel."
Posted at 08:40 PM by Howard Bashman



"Labour brawl: A new threat to public-sector unions is headed to the Supreme Court; Can a union charge non-members for negotiating on their behalf?" Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 08:24 PM by Howard Bashman


Programming note: This morning, I will be meeting with co-counsel in an appeal scheduled for oral argument next week. As a result, additional posts will appear here this afternoon.

As always while I am traveling, additional appellate-related retweets likely will appear on this blog's Twitter feed.
Posted at 07:54 AM by Howard Bashman



"Judging A Book: Kopf Reviews Posner's 'Federal Judiciary.'" Senior U.S. District Judge Richard G. Kopf (D. Neb.) has this review at Law360.com of Seventh Circuit Judge Richard A. Posner's new book, "The Federal Judiciary: Strengths and Weaknesses."
Posted at 07:50 AM by Howard Bashman


Wednesday, August 16, 2017

"How Roy Moore Won Alabama": Quin Hillyer has this essay online at The New York Times.
Posted at 08:40 PM by Howard Bashman


"Can Lower Courts Identify Scrivener's Errors on Remand in Higher Courts' Opinions? A Thought on Judge Posner in Sears." Asher Steinberg has this post at his blog, "The Narrowest Grounds."
Posted at 05:26 PM by Howard Bashman


"3rd Circuit backtracks (a teeny bit) on ascertainability, adding to SCOTUS drama": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 04:58 PM by Howard Bashman


"U.S. court rules Arkansas can block Planned Parenthood funding": Nate Raymond of Reuters has this report.

And The Associated Press has a report headlined "Federal court: Arkansas can block Planned Parenthood money."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit -- in which all three judges on the panel wrote separately -- at this link.
Posted at 02:30 PM by Howard Bashman



Access Judge Thapar's first published Sixth Circuit opinion since he joined that court: Today, Circuit Judge Amul R. Thapar issued this published opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit in a case captioned Gerboc v. ContextLogic, Inc.

As some readers will know, Judge Thapar had previously been the author of published Sixth Circuit opinions, but those issued while he was sitting by designation in his former capacity as a federal district judge.
Posted at 02:16 PM by Howard Bashman



"We should join the Second, Sixth, Seventh, and Ninth Circuits in rejecting our added ascertainability requirement." So writes Senior Circuit Judge Julio M. Fuentes in an opinion concurring in the decision that a three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today in City Select Auto Sales Inc. v. BMW Bank of North America Inc.
Posted at 01:57 PM by Howard Bashman


"Swing time: Justice Kennedy will take centre stage during the Supreme Court's upcoming term; Disputes over gerrymandering, gay rights and Donald Trump's travel ban may hinge on his vote." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 01:44 PM by Howard Bashman


"NY Times must face defamation lawsuit over professor's slavery comments": Jonathan Stempel of Reuters has this report on a unanimous per curiam decision that a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 09:50 AM by Howard Bashman


Tuesday, August 15, 2017

"LinkedIn data-scraping case highlights calls for SCOTUS review of computer fraud law": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 09:58 PM by Howard Bashman


"Texas is Ground Zero as Trump steers the federal judiciary to the right; With 13 federal spots open, Trump set to impact legal climate": Kevin Diaz of The Houston Chronicle has this report.
Posted at 03:55 PM by Howard Bashman


"Lawsuit over false online data revived after U.S. top court review": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:40 PM by Howard Bashman


"Tech companies urge Supreme Court to boost cellphone privacy": Andrew Chung of Reuters has this report.
Posted at 01:18 PM by Howard Bashman


"We Have Every Free PACER Opinion on CourtListener.com": Free Law Project has this post.
Posted at 01:12 PM by Howard Bashman


"Showdown Coming over Antidiscrimination Law": Mark Pulliam has this post at the blog of the Library of Law and Liberty about the Second Circuit's decision to rehear en banc a case asking whether Title VII's prohibition on sex discrimination encompasses discrimination based on sexual orientation.

And at Fortune.com, law professor Andrew Koppelman recently had a related post titled "Why the Trump Administration Will Lose its Case Against Gay Rights."
Posted at 10:25 AM by Howard Bashman



"A Top Lawyer Asks Supreme Court To Hear A Major Death Penalty Case; In a new filing, Neal Katyal is asking the high court to consider Arizona's death penalty law -- and whether the death penalty itself is unconstitutional": Chris Geidner of BuzzFeed News has this report.
Posted at 10:18 AM by Howard Bashman


"Assessing the Path to Confirmation for Current and Future Trump Nominees to the Third Circuit": That was my proposed headline for this month's installment of my "Upon Further Review" column, which appears in today's print edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.
Posted at 10:05 AM by Howard Bashman


Monday, August 14, 2017

He is Groot, and he wins this appeal: Fans of the "Guardians of the Galaxy" movie franchise may be interested to learn that the U.S. Court of Appeals for the Seventh Circuit today issued a ruling in the case captioned Walker v. Groot.
Posted at 10:50 PM by Howard Bashman


"Sears, Whirlpool win fee reduction in washer lawsuit": Jonathan Stempel of Reuters has this report on a ruling that Circuit Judge Richard A. Posner issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 08:56 PM by Howard Bashman


"Supreme Court 2016 Term in Review: (Apparent) Mistake, Another Textualist Possibility Unexplored in SW General": Asher Steinberg has this post at his blog, "The Narrowest Grounds."
Posted at 02:40 PM by Howard Bashman


"Clashes over Title VII protection of sexual orientation make way toward Supreme Court": Alex Swoyer has this front page article in today's edition of The Washington Times.
Posted at 01:14 PM by Howard Bashman


"Women now hold the majority on the Utah Court of Appeals for the first time; But men still wear the majority of judicial robes": Pamela Manson has this front page article in today's edition of The Salt Lake Tribune.
Posted at 01:09 PM by Howard Bashman


"In Recess #3: 'Third Class Webelo.'" You can access today's new episode of the "First Mondays" podcast, featuring Dan Epps and guest host Leah Litman, via this link.
Posted at 01:00 PM by Howard Bashman


"The spurned couple, the baker and the long wait for the Supreme Court": Robert Barnes has this article in today's edition of The Washington Post.
Posted at 12:56 PM by Howard Bashman


"New on This Fall's Law School Syllabus: Trump." Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 12:54 PM by Howard Bashman


Sunday, August 13, 2017

"Spanking a child isn't abuse unless there's proof of harm, Utah Supreme Court says": Tiffany Frandsen of The Salt Lake Tribune has this report.

And Wendy Leonard of The Deseret News reports that "Spanking only abusive if there is proof of harm, Utah Supreme Court says."

You can access Wednesday's ruling of the Supreme Court of Utah at this link.
Posted at 10:09 PM by Howard Bashman



"Loud Voices From Below": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 08:50 PM by Howard Bashman


"Court Lets Stand $40 Million Award To Student Sickened After A Tick Bite While On School Trip": Edmund H. Mahony of The Hartford Courant has this report.

Friday's ruling of the Supreme Court of Connecticut consists of the opinion of the court and two concurring opinions (here and here).

The case was before Connecticut's highest court on certified question of the U.S. Court of Appeals for the Second Circuit. My coverage of the Second Circuit's earlier ruling in this case can be accessed here.
Posted at 10:12 AM by Howard Bashman



"Justice Dept. Doesn't Want AmEx Case to Go to Supreme Court": Liz Crampton of Bloomberg BNA has this report.
Posted at 10:00 AM by Howard Bashman


"Senator Grassley not expecting imminent Supreme Court vacancy": Richard Cowan of Reuters has this report.
Posted at 09:42 AM by Howard Bashman


Saturday, August 12, 2017

"22 states back bid to keep New Mexico 10 Commandments statue": Susan Montoya Bryan of The Associated Press has this report.
Posted at 08:54 PM by Howard Bashman


Friday, August 11, 2017

"Supreme Court president Lord Neuberger talks future plans, Brexit nerves and what the justices do for lunch": Katie King has this post at the "Legal Cheek" blog.
Posted at 01:42 PM by Howard Bashman


"Nebraska funeral picketing law upheld in appellate court": Lori Pilger of The Lincoln Journal Star has an article that begins, "Nebraska's funeral picketing law, which creates a city-block buffer around funerals, survived a challenge by a Kansas church known for anti-gay protests outside soldiers' funerals."

You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 01:18 PM by Howard Bashman



"Supreme Court 2016 Statutory Term in Review: Disregarding Legislative History's Textualist Uses in SW General." Asher Steinberg has this post at his blog, "The Narrowest Grounds."
Posted at 12:50 PM by Howard Bashman


"Trump's judge picks snub Democrats; Democratic senators accuse the administration of not consulting them on lifetime appointments to the bench": Seung Min Kim of Politico.com has this report.
Posted at 12:12 PM by Howard Bashman


Thursday, August 10, 2017

"[Justice Blackmun] gruffly replied, 'You couldn't possibly know my greatest achievement.' Then he smiled and said, 'I can wiggle my ears,' and proceeded to do so, adding that 'it scores great points with the grandkids.'" So reports Bryan Marquard of The Boston Globe in an obituary headlined "Georgianna Nyman Aronson, at 86; captured Supreme Court justices in portraits."
Posted at 11:40 PM by Howard Bashman


"CAFC Affirms TTAB: Limitation of Goods to Those Associated with 'will.i.am' Found Meaningless." John L. Welch has this post at "The TTABlog."

My earlier coverage of Tuesday's Federal Circuit ruling can be accessed here.
Posted at 11:34 PM by Howard Bashman



"Trump administration defends travel ban at Supreme Court": Richard Wolf of USA Today has this report.

And Mica Rosenberg of Reuters reports that "Trump administration defends travel ban in Supreme Court brief."

You can access the federal government's Brief for Petitioners at this link.
Posted at 11:26 PM by Howard Bashman



"The Uncomfortable Truth About Affirmative Action and Asian-Americans": Law professor Jeannie Suk Gersen has this post online at The New Yorker.
Posted at 09:48 PM by Howard Bashman


"Federal Appeals Ruling Is Setback in Prosecution of Sept. 11 Defendants; Comments Judge Scott Silliman made before his appointment to the Court of Military Commission Review suggested bias, appeals court ruled": Jess Bravin of The Wall Street Journal has this report.

My earlier coverage of yesterday's D.C. Circuit ruling can be accessed here.
Posted at 09:30 PM by Howard Bashman



"Female Lawyers Can Talk, Too": Former U.S. District Judge Shira A. Scheindlin (S.D.N.Y.) has this essay online at The New York Times.
Posted at 09:25 PM by Howard Bashman


"Ole Miss Edges Out of Its Confederate Shadow, Gingerly": In today's edition of The New York Times, Stephanie Saul has an article that begins, "Other than William Faulkner and the father and son quarterbacks Archie and Eli Manning, few figures in this town's history are better known locally than Lucius Q. C. Lamar. A professor at Ole Miss before and after the Civil War, he served in both chambers of Congress and as a Supreme Court justice."
Posted at 08:50 PM by Howard Bashman


"Trump, Pro-Gun Groups Headed for SCOTUS Duel?" Jordan S. Rubin of Bloomberg BNA has this report.
Posted at 08:00 PM by Howard Bashman


Wednesday, August 9, 2017

"Admit This Ex-Con to the Connecticut Bar": Bari Weiss has this essay online at The New York Times.
Posted at 11:14 PM by Howard Bashman


"With a Kansas Supreme Court opinion in his briefcase, Chief Justice Lawton Nuss reports for jury duty": Steve Fry and Eric Smith of The Topeka Capital-Journal have this report.
Posted at 10:40 PM by Howard Bashman


"Disney discloses $177M charge in wake of BPI settlement": Nick Hytrek of The Sioux City (Iowa) Journal has this report.

Reuters has a report headlined "Disney pays at least $177 million to settle 'pink slime' case: filing."

And at the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Disney Discloses $177 Million Settlement in Aftermath of ABC's 'Pink Slime' Trial; Beef Products Inc. had been demanding billions until a defamation trial abruptly ended in late June."
Posted at 10:16 PM by Howard Bashman



"Must DOJ lawyers follow state ethics rules? New Mexico asks SCOTUS to decide." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 10:06 PM by Howard Bashman


"The '9th Circus' is Badly Broken -- Let's Fix It": Mark Pulliam has this post at the "American Greatness" blog.
Posted at 07:54 PM by Howard Bashman


"D.C. Circuit Holds that 9/11 Appellate Judge Should Have Recused": Steve Vladeck has this post at "Just Security" about a unanimous per curiam ruling that a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today. The case was orally argued just one week ago.
Posted at 03:50 PM by Howard Bashman


"The First Amendment (Literally) Banned in DC": Lee Rowland, Arthur Spitzer, and Leslie Mehta have this post at the ACLU's "Speak Freely" blog.
Posted at 01:28 PM by Howard Bashman


"Experts: Court ruling overturning Native American man's murder conviction, death penalty could have huge implications." Curtis Killman has this front page article in today's edition of The Tulsa World.

My earlier coverage of yesterday's Tenth Circuit ruling can be accessed here.
Posted at 01:20 PM by Howard Bashman



"The Least Dangerous Branch: With the growth of the administrative state, much of Congress's policy-making role has been usurped by executive-branch agencies." In today's edition of The Wall Street Journal, Adam J. White has this review of law professor Josh Chafetz's new book, "Congress's Constitution: Legislative Authority and the Separation of Powers."

Chafetz has posted this Twitter thread in response to the review.
Posted at 01:14 PM by Howard Bashman



"The smartest people in Trumpland: The brightest minds in Trump's orbit will keep his legacy alive and thriving long after he is gone." Online at ThinkProgress, Ian Millhiser has an essay that begins, "John Bush comes off as a bit of a goober."
Posted at 01:07 PM by Howard Bashman


"From Bork to Willett: Is the Conservative Legal Movement Going Libertarian? Libertarian legal ideas are gaining ground." Damon Root has this post at the "Hit & Run" blog of Reason.com.
Posted at 11:33 AM by Howard Bashman


"Circuit Courts (Shock!) Are Still Leading the Way on Transparency": Fix the Court issued this news release today.
Posted at 10:58 AM by Howard Bashman


"All-Star Legal Team Launches Institute for Constitutional Advocacy and Protection at Georgetown Law": Georgetown University Law Center issued this news release today.
Posted at 10:54 AM by Howard Bashman


Tuesday, August 8, 2017

"Court overturns Oklahoma man's murder conviction, death sentence": Robert Boczkiewicz of The Oklahoman has this report on a 132-page ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 11:58 PM by Howard Bashman


"Maine allowed to enforce law against protests loud enough to be heard inside a building; An appeals court overturns a federal injunction against enforcing the state law, which had targeted a protester shouting outside a Planned Parenthood clinic in Portland": Edward D. Murphy of The Portland Press Herald has this report.

And Judy Harrison of The Bangor Daily News reports that "State noise ordinance can be used against abortion protesters, court rules."

You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 11:30 PM by Howard Bashman



"Bench Brackets -- Highest Highs and the Lowest Lows": Bloomberg BNA has posted online this video, in which "Bloomberg BNA's Kimberly Robinson and Patrick Gregory break down last term's highest highs and lowest lows in another installment of Bench Brackets."
Posted at 11:00 PM by Howard Bashman


"Appellate Practice Do's and Don'ts": The U.S. Court of Appeals for the Ninth Circuit has posted this video on YouTube.

As described by the "How Appealing" reader who emailed to draw the existence of this video to my attention: "[Y]ou might find interesting this presentation put on by the Orange County Bar Association's Appellate Law Section (and moderated by attorney James Azadian), which included as panel members Judges Consuelo M. Callahan, Sandra S. Ikuta, and David A. Faber, a senior federal district court judge for the Southern District of West Virginia who often sits by designation on the Fourth and Ninth Circuits."

My correspondent continued, "All three judges provided remarkable insight and advice on appellate advocacy, along with some interesting opinions on the current discussions regarding the proposed Ninth Circuit split and the Ninth Circuit's elusive en banc procedure."
Posted at 10:23 PM by Howard Bashman



"Justice Dept. Backs Ohio's Effort to Purge Infrequent Voters From Rolls": Charlie Savage of The New York Times has this report.

Sari Horwitz of The Washington Post reports that "Justice Dept. sides with Ohio's purge of inactive voters in case headed to Supreme Court."

Andrea Noble of The Washington Times reports that "Justice Dept. supports Ohio's rules for purging its voter rolls."

Jessica Wehrman of The Columbus (Ohio) Dispatch reports that "U.S. switches sides in Supreme Court case to back Ohio's voter purge."

Jackie Borchardt of The Cleveland Plain Dealer reports that "U.S. Department of Justice reverses position to defend Ohio in voter purge case."

And Jessie Balmert of The Cincinnati Enquirer reports that "Trump's Justice Department reverses Obama's stance on Ohio's voter purge."
Posted at 10:05 PM by Howard Bashman



"Is N.Y.C.'s kinky side in jeopardy? Lawyers prep for Supreme Court battle to save it." Anthony Noto of the New York Business Journal has this report.
Posted at 09:54 PM by Howard Bashman


"Neely files petition for US Supreme Court review": Joy Ufford of The Sublette Examiner of Pinedale, Wyoming has an article that begins, "On Friday, attorneys for Pinedale Judge Ruth Neely filed a petition to the U.S. Supreme Court, asking for a review of the state high court's split-vote to censure her as a magistrate whose religious beliefs would conflict with her marrying a same-sex couple."
Posted at 09:50 PM by Howard Bashman


"Metro Atlanta cities, counties file water wars brief to Supreme Court": Arielle Kass of The Atlanta Journal-Constitution has this report.
Posted at 09:42 PM by Howard Bashman


"Supreme Court shows we do have one functioning branch of government; Congress and the White House could learn civility and consensus from the justices; They should allow broadcasts; It would make America feel better": Tony Mauro has this essay online at USA Today.
Posted at 09:28 PM by Howard Bashman


"An Uphill Battle for the Court's Liberals": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 09:20 PM by Howard Bashman


Federal Circuit delivers the "Boom Boom Pow" to the TTAB appeal of will.i.am: You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit in In re: i.am.symbolic, llc at this link.

Earlier at "The TTABlog," John L. Welch reported on the rulings of the Trademark Trial and Appeal Board in the case, which today's Federal Circuit decision affirmed, in a post titled "Precedential No. 38: Fame of 'will.i.am' Can't Save 'I AM' Trademark Applications From 2(d) Bar."
Posted at 03:55 PM by Howard Bashman



"No employer in America is or can be required to employ a racial bigot." So begins a dissenting opinion that Senior Circuit Judge C. Arlen Beam issued today from the ruling of the majority on a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit.
Posted at 03:42 PM by Howard Bashman


"Let Texas cut off Planned Parenthood funds, AG Ken Paxton says": John Savage of The Dallas Morning News has this report.

And The Associated Press reports that "Texas urges reversal in Planned Parenthood Medicaid case."

You can access at this link the redacted version of the Brief for Appellants that the State of Texas filed yesterday in the U.S. Court of Appeals for the Fifth Circuit.
Posted at 03:27 PM by Howard Bashman



"Court Tosses an Obama-Era Climate Rule That Trump Had Defended": Ari Natter of Bloomberg News has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 03:17 PM by Howard Bashman


"As Panhandling Laws Are Overturned, Cities Change Policies; Restrictions on panhandling are toppling across the U.S., frustrating some city officials who say the laws protect public safety": Joe Palazzolo of The Wall Street Journal has this report.
Posted at 03:10 PM by Howard Bashman


"DOJ flips on SCOTUS purge case": Justin Levitt has this post at the "Election Law Blog."
Posted at 02:50 PM by Howard Bashman


"This Californian lost her legs in Austria. Now she's part of Trump's fight with 9th Circuit." Andy Furillo has this article online at The Sacramento Bee.
Posted at 02:48 PM by Howard Bashman


Monday, August 7, 2017

"Trump's lawyer goes to Supreme Court over blockade of undercover abortion videos": Ryan Lovelace of the Washington Examiner has this report.
Posted at 08:09 PM by Howard Bashman


"Chuck Norris endorses Justice Roy Moore in Alabama Senate race": Dylan Stafford of CNN.com has this report.

Mike Cason of AL.com reports that "'Walker, Texas Ranger' makes endorsement in Alabama Senate race."

Brian Lyman of The Montgomery Advertiser reports that "Moore leads Strange and Brooks in latest Alabama Senate poll."

And in commentary, at the "Daily Intelligencer" blog of New York magazine, Ed Kilgore has a post titled "Could Republican Infighting Send the 'Ayatollah of Alabama' to the Senate?"
Posted at 08:04 PM by Howard Bashman



"State hopes for quick loss in SD Supreme Court case": Jonathan Ellis of The Argus Leader of Sioux Falls, South Dakota has this report.

And at the "OUPblog," law professor Edward A. Zelinsky has a post titled "Why the Supreme Court should overrule Quill."
Posted at 07:51 PM by Howard Bashman



"Supreme Court Website Reboot Could Signal More Transparency": Kimberly S. Robinson of Bloomberg BNA has this report.
Posted at 07:45 PM by Howard Bashman


"Personal Audio loses its appeal for podcasting patent": Brian Heater of TechCrunch has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 01:37 PM by Howard Bashman


"Leaving Lochner Behind": Mark Pulliam has this post at the blog of the Library of Law and Liberty.
Posted at 10:14 AM by Howard Bashman


"In Recess #2: '#BadLawyerGate.'" Today from First Mondays, "To celebrate our new partnership with SCOTUSblog, we're unlocking one of our favorite bonus episodes for everyone to enjoy." You can access the bonus episode at this link.
Posted at 10:04 AM by Howard Bashman


"Fixing Law Reviews": Law professor Barry Friedman has posted this draft article on SSRN.
Posted at 10:02 AM by Howard Bashman


"Affirmative Action Policies Evolve, Achieving Their Own Diversity": In yesterday's edition of The New York Times, Vivian Yee had a front page article that begins, "Just a year ago, after the Supreme Court rejected a challenge to the University of Texas at Austin's admissions program by a single swing vote, the question seemed to be edging, at last, toward an answer: Colleges could, the justices ruled, consider race when deciding whom to let through their gates."
Posted at 09:55 AM by Howard Bashman


Sunday, August 6, 2017

"Who says crime doesn't pay? The Pennsylvania Supreme Court." Riley Yates has this front page article in today's edition of The Morning Call of Allentown, Pennsylvania.
Posted at 10:55 PM by Howard Bashman


"Bob Baine, attorney who argued Hazelwood case before Supreme Court, dies at 85": Mike Faulk of The St. Louis Post-Dispatch has written this obituary.
Posted at 10:50 PM by Howard Bashman


"No Free Speech for You: Anthony Kennedy has the chance to undo his worst anti-First Amendment decision; He should take it." David L. Hudson Jr. has this jurisprudence essay online at Slate.
Posted at 10:33 PM by Howard Bashman


"Harvard fight could redirect 40 years of affirmative action": Joan Biskupic of CNN.com has this news analysis.
Posted at 10:26 PM by Howard Bashman


Saturday, August 5, 2017

"Stabenow, Peters let Joan Larsen nomination move forward": Todd Spangler of The Detroit Free Press has this report.

In today's edition of The Detroit News, Melissa Nann Burke has a front page article headlined "Mich. senators let Trump appeals judge choice advance."

And Lauren Gibbons of MLive.com reports that "Stabenow, Peters turn in blue slips for Joan Larsen federal court nomination."
Posted at 12:58 PM by Howard Bashman



"D.C. Circuit Review -- Reviewed: Who Says August is a Quiet Month?" Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 10:46 AM by Howard Bashman


"Trump's Real Personnel Victory: More Conservative Judges." Jeffrey Toobin has this post online at The New Yorker.

Also online at The New Yorker, Jelani Cobb has a post titled "In Trump's World, Whites Are the Only Disadvantaged Class."

And Amy Davidson Sorkin has a post titled "Why Trump's Phone Call with Australia's Prime Minister Will Haunt Him in Court."
Posted at 10:44 AM by Howard Bashman



Friday, August 4, 2017

"Court overturns Indiana death sentence in 'stun belt' case": Jonathan Stempel of Reuters has this report.

And Olivia Covington of The Indiana Lawyer reports that "7th Circuit orders new sentencing hearing for man on death row."

Circuit Judge Richard A. Posner issued today's ruling of the U.S. Court of Appeals for the Seventh Circuit on behalf of a unanimous three-judge panel.
Posted at 07:50 PM by Howard Bashman



"Steve Grasz nominated as U.S. Circuit Court judge": Don Walton of The Lincoln Journal Star has this report.

And at "Above the Law," David Lat has a post titled "The Trump Train -- Of Federal Judicial Nominations -- Rolls On; Congratulations and good luck to the next ten judicial nominees."
Posted at 07:44 PM by Howard Bashman



"Supreme Court's next big gun control case? Post-Newtown laws face new scrutiny." Fred Lucas of FoxNews.com has this report.
Posted at 07:38 PM by Howard Bashman


"D.C.'s concealed-carry regulations just suffered a shot across the bow": Doug Pennington has this essay online at The Washington Post.
Posted at 07:34 PM by Howard Bashman


"'Making a Murderer': Full appeals court to hear Dassey case." FOX 11 News of Green Bay, Wisconsin has this report.

You can view today's order of the U.S. Court of Appeals for the Seventh Circuit granting rehearing en banc at this link.
Posted at 03:58 PM by Howard Bashman



"Secular Anti-Abortion Groups Must Provide Contraceptive Coverage, Split Circuit Court Rules": P.J. D'Annunzio of The Legal Intelligencer 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 03:26 PM by Howard Bashman


In Bashman (and bash woman) news from Australia: Tanya Westthorp of the Gold Coast Bulletin reports that "10 thugs bash man, woman in horrifying attack."
Posted at 03:22 PM by Howard Bashman


"Could Congress Simply Codify the DOJ Special Counsel Regulations?" Rick Pildes has this post at the "Lawfare" blog.
Posted at 03:12 PM by Howard Bashman


"Tammy Baldwin: Trump ignored nominating panel by appointing Gov. Scott Walker ally to 7th Circuit Court of Appeals." Jason Stein and Patrick Marley of The Milwaukee Journal Sentinel have this report.

And Dave Boyer of The Washington Times reports that "Trump announces sixth round of conservative judicial nominees."

Yesterday, the White House issued a news release titled "Eighteen Nominations Sent to the Senate Today."
Posted at 03:06 PM by Howard Bashman



"The Legacy of Justice Scalia with Justice Ruth Bader Ginsburg": The Aspen Institute has posted this video on YouTube.
Posted at 01:48 PM by Howard Bashman


"State board names highway span for Henry Frye, former N.C. Supreme Court chief justice": Taft Wireback of The News & Record of Greensboro, North Carolina has this report.
Posted at 01:45 PM by Howard Bashman


"Do not allow Gov. Rick Scott to pack Supreme Court on his way out the door": The Tampa Bay Times has published this editorial.
Posted at 01:42 PM by Howard Bashman


S'all is not good, man: Today, Circuit Judge Jeffrey S. Sutton issued an opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit that begins, "A sting operation blends fiction with non-fiction."

The opinion goes on to explain that "[i]n this instance, Matthew King, a lawyer, agreed to commit a real crime (by laundering the supposed proceeds of non-existent drug sales) and offered to do so on the basis of a money-laundering technique observed on a fictional T.V. show (by imitating Saul Goodman, a lawyer character on Breaking Bad, who set up a sham corporation to launder drug proceeds)."
Posted at 01:22 PM by Howard Bashman



"Murder conviction in Blackwater case thrown out, other sentences overturned": Spencer S. Hsu of The Washington Post has this report.

And Lawrence Hurley of Reuters reports that "U.S. court tosses murder conviction of ex-Blackwater guard."

You can access today's 119-page ruling of the U.S. Court of Appeals for the D.C. Circuit -- consisting of a lengthy per curiam opinion followed by separate writings from each of the three judges on the panel -- at this link.
Posted at 01:11 PM by Howard Bashman



Thursday, August 3, 2017

"How Trump's Attack on Affirmative Action Could Succeed: An aggressive Justice Department could make the case, or wait for the Supreme Court's makeup to change." Law professor Noah Feldman has this essay online at Bloomberg View.

And online at Slate, law professor Richard Thompson Ford has a jurisprudence essay titled "Doomed to Fail: Jeff Sessions' reactionary attack on affirmative action won't succeed."
Posted at 10:44 PM by Howard Bashman



"Justice Souter, the First Amendment and the case of the synagogue standoff": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 10:30 PM by Howard Bashman


"Supreme Court to begin electronic filing in November": Jessica Gresko of The Associated Press has this report.

Today, the Public Information Office of the U.S. Supreme Court issued a news release that begins, "The Supreme Court's new electronic filing system will begin operation on November 13, 2017."
Posted at 10:26 PM by Howard Bashman



"Supreme Court justice offers explanation for LGBTQ decision": Sean Fine of The Toronto Globe & Mail has an article that begins, "Supreme Court Justice Richard Wagner says he did not purposely exclude LGBTQ advocacy groups from participating in a major case pitting equality rights against religious freedom."
Posted at 08:44 PM by Howard Bashman


"The Clarence Thomas Takeover: The justice has spent his career pushing a fringy, right-wing ideology; Now, he has an army of acolytes who can make his vision a reality." Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.
Posted at 12:54 PM by Howard Bashman


"Finding Common Ground, Despite Ideological Divides": Linda Greenhouse has this essay online at The New York Times.
Posted at 10:15 AM by Howard Bashman


Wednesday, August 2, 2017

"Judges send transgender bathroom case back to lower court": The Associated Press has this report on an order that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 11:08 PM by Howard Bashman


"New York congregation owns oldest U.S. synagogue, court rules": Chris Kenning of Reuters has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued today.

And in earlier coverage, Katie Mulvaney of The Providence (R.I.) Journal previously reported that "Fight over control of Newport's historic Touro Synagogue goes to next level."
Posted at 11:00 PM by Howard Bashman



"High court juvenile lifer ban spurs wider review of cases": Juliet Linderman of The Associated Press has a report that begins, "A U.S. Supreme Court decision triggering new sentences for inmates serving mandatory life without parole for crimes committed as juveniles has had a far greater effect: The ruling is prompting lawyers to apply its fundamental logic -- that it's cruel and unusual to lock teens up for life -- to a larger population, those whose sentences include a parole provision but who stand little chance of getting out."
Posted at 09:58 PM by Howard Bashman


"Racial Justice Demands Affirmative Action": Sherrilyn A. Ifill has this essay online at The New York Times.
Posted at 09:52 PM by Howard Bashman


"Food writer Hollister Moore, 69, king of street food": Allison Steele of The Philadelphia Inquirer has written this obituary. The subject of the obituary was the author of the web site "Holly Eats."
Posted at 08:56 PM by Howard Bashman


"'We can change the meaning': Trademarks filed for n-word after Supreme Court decision." Justin Wm. Moyer has this article in today's edition of The Washington Post.
Posted at 08:37 PM by Howard Bashman


"Concealed Carry Could Be Headed for the Supreme Court; A recent appeals-court ruling on concealed handguns includes a cry for clarity": Paul Barrett of Bloomberg Businessweek has this report.
Posted at 08:22 PM by Howard Bashman


"In landmark appraisal ruling, Delaware justices emphasize market's wisdom": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 05:26 PM by Howard Bashman


"Supreme Court 2016 Statutory Term in Review: Textualist Pathologies in Advocate Health Care Network." Asher Steinberg has this post at his blog, "The Narrowest Grounds."
Posted at 05:22 PM by Howard Bashman


"U.S. teen texting manslaughter verdict could face legal challenge": Scott Malone of Reuters has this report.
Posted at 05:20 PM by Howard Bashman


"What Justice Powell's Papers on His Opinion in Marks Tell Us About the Marks Rule": Asher Steinberg recently had this interesting post at his blog, "The Narrowest Grounds."
Posted at 05:08 PM by Howard Bashman


"Justice Thomas, Criminal Justice, and Originalism's Legitimacy": Eleventh Circuit Judge William H. Pryor Jr. has this essay online at The Yale Law Journal Forum, part of a collection of essays posted today under the heading "Justice Thomas: Twenty-Five Years on the Supreme Court."
Posted at 04:44 PM by Howard Bashman


"Justice Dept. to Take On Affirmative Action in College Admissions": Charlie Savage has this front page article in today's edition of The New York Times.
Posted at 04:35 PM by Howard Bashman


"This Lawyer Is Making It Less Profitable to Sue When Companies Merge: Meet Ted Frank, professional objector." Caleb Hannan of Bloomberg Businessweek has this report.
Posted at 04:30 PM by Howard Bashman


Tuesday, August 1, 2017

Programming note: On Wednesday morning, I will be traveling to northeast Pennsylvania in connection with a new case on which I am working. As a result, additional posts will not appear here until late Wednesday afternoon or Wednesday evening.

As always while I am traveling, additional appellate-related retweets may appear on this blog's Twitter feed.
Posted at 09:58 PM by Howard Bashman



"City calls for Pa. Supreme Court to deny appeal of soda tax case": Alison Burdo of Philadelphia Business Journal has this report.
Posted at 08:05 PM by Howard Bashman


"With fifth judge confirmed, Trump outpaces Obama and Bush": Alex Swoyer of The Washington Times has an article that begins, "President Trump may be facing a roadblock on the rest of his nominees but he's outpacing his predecessors when it comes to getting federal judges confirmed after his fifth court pick was approved by the Senate on Tuesday."

And Tim Ryan of Courthouse News Service reports that "Senate Overwhelmingly Approves New FBI Director, 11th Circuit Judge."
Posted at 07:54 PM by Howard Bashman



The U.S. Senate has just confirmed Kevin C. Newsom to serve on the U.S. Court of Appeals for the Eleventh Circuit: By a vote of 66 to 31. I will post the official roll call vote tally when it becomes available online.

Update: You can access the official roll call vote tally at this link.
Posted at 05:41 PM by Howard Bashman







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