How Appealing

Thursday, August 31, 2017

"Republicans Want to Sideline This Regulator. But It May Be Too Popular." In Friday's edition of The New York Times, Steve Eder, Jessica Silver-Greenberg, and Stacy Cowley will have a front page article that begins, "With the election of President Trump, the nation's consumer watchdog agency faced a quandary: how to shield the Obama-era institution from a Republican administration determined to loosen the federal government's grip on business."
Posted at 11:18 PM by Howard Bashman


"Why Masterpiece Cakeshop is a Harder Case Than You Think (and Why Federalism Can Help Resolve It with a Meta-Accommodation of Religious Disagreement)": Rick Hills has this post at "PrawfsBlawg."
Posted at 10:20 PM by Howard Bashman


"Questions about the Emoluments Amicus Brief on Behalf of Trump": Jed Shugerman has this post at the "Take Care" blog.
Posted at 09:50 PM by Howard Bashman


"Pantyhose defense rejected for man who took upskirt videos at Wegmans": Justin Zaremba of NJ.com has this report on a ruling that the Superior Court of New Jersey, Appellate Division, issued today.
Posted at 09:33 PM by Howard Bashman


"Michelle Carter's attorney files notice to appeal her conviction": Danny McDonald of The Boston Globe has this report.
Posted at 09:21 PM by Howard Bashman


"Supreme Court Judge Sonia Sotomayor is in the Judge's Chambers at Yankee Stadium": Daniel Rapaport of Sports Illustrated has this report.
Posted at 08:53 PM by Howard Bashman


"Impersonator of Dead Sea Scrolls scholars sees U.S. conviction upheld": Brendan Pierson of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 07:56 PM by Howard Bashman


"Roy Moore blasts Congress over appeals court ruling on prayer by football coach": Paul Gattis of AL.com had this report last week.
Posted at 07:50 PM by Howard Bashman


"Janice Rogers Brown, America's Most Libertarian Federal Judge, Is Retiring; The possible replacements include Texas Supreme Court Justice Don Willett": Damon Root had this post at Reason's "Hit & Run" blog back on July 12, 2017.

The title of "America's Most Libertarian Federal Judge" will be back up for grabs starting tomorrow, as today is Judge Brown's final day of service on the U.S. Court of Appeals for the D.C. Circuit.

This blog has been fortunate to cover numerous interesting and noteworthy opinions from then-Justice Brown of the Supreme Court of California and many more such opinions during her service thereafter on the D.C. Circuit.
Posted at 07:44 PM by Howard Bashman



"Supreme Court rejects petition to recognize same-sex marriage; Justices stated that the issue should be determined by legislators, not the court": ByUdi Shaham of The Jerusalem Post has this report.

And in other news, Nir Hasson of Haaretz reports that "Mystery Golden Effigy of Israel's Chief Justice Pops Up Outside Supreme Court in Jerusalem; The police said an investigation has been opened after the statue was discovered on Thursday morning, though the public security minister has asked for clarification as seemingly no crime had been committed."
Posted at 02:10 PM by Howard Bashman



"Mick Jagger and the Minnesota Supreme Court": Kevin Featherly has this post at the "Bar Buzz" blog of Minnesota Lawyer.
Posted at 02:04 PM by Howard Bashman


"Supreme Court Justice Ginsburg to visit Roger Williams University; Will participate in Jan. 30 'fireside chat' with Circuit Court of Appeals Senior Judge Selya": G. Wayne Miller of The Providence (R.I.) Journal has this report.

Today, the Roger Williams University School of Law issued a news release titled "U.S. Supreme Court Justice Ruth Bader Ginsberg to Visit RWU Law; Her Jan. 30 'fireside chat' with Judge Selya will mark the eighth time a high court justice has addressed RWU School of Law students."
Posted at 02:00 PM by Howard Bashman



"Cake artist to Supreme Court: Affirm artistic freedom, free speech; ADF attorneys file opening brief with high court on behalf of Jack Phillips of Masterpiece Cakeshop." Alliance Defending Freedom issued this news release today.

You can access the Brief for Petitioners filed today in the U.S. Supreme Court at this link.
Posted at 01:38 PM by Howard Bashman



"Democrats say 'Citizens United' should die; Here's why that won't happen; Some question whether liberal politicians' outrage is even genuine": Sarah Kleiner of The Center for Public Integrity has this report.
Posted at 01:14 PM by Howard Bashman


"He earned a Purple Heart, led UNC Law and shaped civil rights as a judge": Anne Blythe of The News & Observer of Raleigh, North Carolina has written an obituary that begins, "Dickson Phillips was deeply admired for being a sharp jurist with a keen intellect throughout a law career that gained him a seat on a federal appeals court and included a 10-year stint as dean of the UNC-Chapel Hill law school."
Posted at 09:04 AM by Howard Bashman


Wednesday, August 30, 2017

"Otter names 5th District Judge Richard Bevan to Idaho Supreme Court": Betsy Z. Russell of The Spokesman-Review of Spokane, Washington has this report.
Posted at 08:53 PM by Howard Bashman


"Time for U.S. Supreme Court to 'Rectify' Online Tax Rule?" Ryan Prete of Bloomberg BNA has this report.
Posted at 08:50 PM by Howard Bashman


"Judging Neil Gorsuch: The justice's speech at the Trump Hotel isn't unethical; He should skip it anyway." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 08:44 PM by Howard Bashman


"Man in jail 2 years for refusing to decrypt drives; Will he ever get out? Defendant to ask Supreme Court if compelled decryption is a 5th Amendment breach." David Kravets of Ars Technica has this report.

Kravets also has a follow-up report headlined "Feds: Man jailed for not decrypting drives has 'chutzpah' to ask to get out; Prosecutors use Yiddish to describe man imprisoned 2 years for contempt of court."
Posted at 08:40 PM by Howard Bashman



"Prediction: It's CNN -- Not the N.Y. Times -- Headed to Supreme Court in Defamation Battle; Forget about Sarah Palin's case; Focus on what CNN is facing in Georgia -- a dispute that's getting quite messy." Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter.
Posted at 08:35 PM by Howard Bashman


"Judges Grill Government on Vulgar, 'Immoral' Trademark Ban": Anandashankar Mazumdar of Bloomberg BNA has this report on an oral argument (13.8 MB mp3 audio file) that a three-judge panel of the U.S. Court of Appeals for the Federal Circuit conducted yesterday.

According to the article, "Fashion designer Erik Brunetti tried to register his Fuct brand with the Patent and Trademark Office but was rejected based on the federal ban on scandalous and immoral trademark registrations."
Posted at 08:30 PM by Howard Bashman



"Former Walker Aide, Target in John Doe Probe, Loses Seventh Circuit Appeal": Joe Forward of WisBar News has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.
Posted at 08:15 PM by Howard Bashman


"When women earn less than men, is gender bias always to blame? 9th Circuit to decide en banc." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.

My earlier coverage of yesterday's Ninth Circuit Order granting rehearing en banc can be accessed here.
Posted at 08:11 PM by Howard Bashman



"Appeals court strikes down controversial Sky Harbor flight paths": Jessica Boehm has this front page article in today's edition of The Arizona Republic.

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 08:02 PM by Howard Bashman



"Proving Intentional Discrimination, Redux": Charlotte Garden has this post at the "Take Care" blog.
Posted at 05:55 PM by Howard Bashman


"Courting Corruption: The truth about the legal morass created by the controversial Citizens United ruling, and why it matters." Stephen R. Weissman has this essay online at The American Interest.
Posted at 05:50 PM by Howard Bashman


"Why Trump's Arpaio pardon is different: Presidential pardons are controversial; But the pardon for Joe Arpaio resurfaces a longstanding theme for President Trump: an antagonistic attitude toward the judiciary." Harry Bruinius and Henry Gass of The Christian Science Monitor have this report.

And at the "Lawfare" blog, Josh Blackman has a post titled "Collateral Damage: The Arpaio Pardon and Separation of Powers."
Posted at 05:46 PM by Howard Bashman



"At Convocation, Faust Defends Race-Conscious Admissions": Claire E. Parker of The Harvard Crimson has this report.

And at The American Interest, Park MacDougald has an essay titled "Affirmative Action in a Time of White Resentment: Progressives may be tempted by a Harvard law professor's solution to the affirmative action tangle; But it would make our politics even more toxic."
Posted at 05:42 PM by Howard Bashman



"Former federal law clerk details rich history of Arpaio trial in blunt tweets": Laura Jarrett of CNN.com has this report.
Posted at 05:36 PM by Howard Bashman


"West Point cadet in sexual hostility case cannot sue: U.S. appeals 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 Second Circuit issued today.
Posted at 02:50 PM by Howard Bashman


Tuesday, August 29, 2017

Programming note: I am in Wilkes-Barre, Pennsylvania tonight to attend a trial court oral argument on Wednesday morning in a case on which I am assisting a prevailing personal injury plaintiff's trial counsel in opposing the defendants' motion for post-trial relief.

Because I will be in court on Wednesday morning and thereafter will be traveling back to my office in Willow Grove, Pa., additional posts will not appear here until Wednesday afternoon. As always while I am on the road, additional appellate-related retweets may appear on this blog's Twitter feed.
Posted at 11:14 PM by Howard Bashman



"We hold that neither robbery, armed robbery, nor use of a firearm in the commission of a felony under Florida law is categorically a 'violent felony.'" So held a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today in a decision that acknowledges creating a split of authority on that issue with the U.S. Court of Appeals for the Eleventh Circuit -- the federal appellate court that includes the State of Florida within its geographical jurisdiction.
Posted at 11:10 PM by Howard Bashman


Ninth Circuit grants rehearing en banc to decide whether paying a woman less than a man for the same work, if the man was paid more at his previous job, violates federal laws against sex discrimination: You can access today's order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link.

My coverage of the now-vacated three-judge panel's ruling, which held that such pay disparity under the circumstances did not constitute unlawful sex discrimination, can be accessed here.
Posted at 10:54 PM by Howard Bashman



"U.S. court grants Dish affiliates new chance to win $3 billion in auction credits": David Shepardson and Anjali Athavaley of Reuters have this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 10:34 PM by Howard Bashman


"Court asks Mississippi governor to defend Confederate emblem": Emily Wagster Pettus of The Associated Press has a report that begins, "The U.S. Supreme Court is asking attorneys for Mississippi's governor to file arguments defending the Confederate battle emblem on the state flag."
Posted at 10:28 PM by Howard Bashman


"Law prof (and ex-Scalia clerk): Evidence shows class actions deter corporate misconduct." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 10:20 PM by Howard Bashman


"The New Front in the Gerrymandering Wars: Democracy vs. Math; Sophisticated computer modeling has taken district manipulation to new extremes; To fix this, courts might have to learn how to run the numbers themselves." Emily Bazelon will have this article in the September 3, 2017 issue of The New York Times Magazine.
Posted at 10:00 PM by Howard Bashman


"Originalism as a Constraint on Judges": Law professor William Baude has posted this essay on SSRN.
Posted at 09:56 PM by Howard Bashman


"Jury Awards UCSB Alum $120,000 in Excessive Force Case; Jay Shafer 'Mortified and Shamed' by Water Balloon Incident; County Considers Challenging Verdict": Tyler Hayden of The Santa Barbara Independent had this report back in December 2014.

And in January 2015, Danny Kolosta of The Daily Nexus -- the student newspaper of UC Santa Barbara -- had an article headlined "Federal Court Orders County to Pay Alum for Damages."

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a ruling that overturned the jury verdict, holding that a police officer who used a leg sweep maneuver to take down the plaintiff after he refused to comply with the officer's orders to drop the water balloons he was carrying was entitled to qualified immunity.
Posted at 02:20 PM by Howard Bashman



"Designated driver" has no heightened duty of care under North Dakota law, Eighth Circuit rules: You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 01:56 PM by Howard Bashman


"9th Circ. Says CIA FOIA Request Wrongly Rejected Over Form": Daniel Wilson of Law360.com has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 01:50 PM by Howard Bashman


"Appeals Panel Sides With Lincoln in Religious Fliers Lawsuit": 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 Eighth Circuit issued today.
Posted at 01:45 PM by Howard Bashman


"Court: Excluding outside parties from presidential debates does not violate First Amendment." Megan R. Wilson of The Hill has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

And The Associated Press has a report headlined "Court: Lawsuit by third-party candidates properly dismissed."
Posted at 01:34 PM by Howard Bashman



In the September 2017 issue of ABA Journal magazine: Mark Walsh has an article headlined "Court rules on birth certificate designations for same-sex parents."

David L. Hudson Jr. has an article headlined "Stifling Speech: Government invokes doctrine to silence expression it doesn't like."

And the magazine contains an article headlined "University of Virginia professor takes over part of civil procedure guidebooks, joins Supreme Court committee."
Posted at 10:28 AM by Howard Bashman



"Supreme Court 2016 Statutory Term in Review: A Postscript on Why the Majority Joined Breyer's Opinion in Midland." Asher Steinberg has this follow-up post at his blog, "The Narrowest Grounds."
Posted at 10:22 AM by Howard Bashman


"Four Posts Replying to Dorf on Originalism": Lawrence Solum has this entry at his "Legal Theory Blog."
Posted at 10:18 AM by Howard Bashman


"Appeals Court Appears Inclined to Exempt Relatives From Travel Ban": Adam Liptak has this article in today's edition of The New York Times.

Jaweed Kaleem of The Los Angeles Times has an article headlined "'What universe does that come from?' Judges criticize travel ban weeks before it heads to Supreme Court."

Gene Johnson of The Associated Press reports that "Justice Department faces tough questions over travel ban."

Eric M. Johnson of Reuters reports that "U.S. appeals court questions scope of Trump travel ban."

Josh Gerstein of Politico.com reports that "9th Circuit hears fight over interpretation of Trump travel ban."

Chris Geidner of BuzzFeed News reports that "Ninth Circuit Has Tough Questions On Trump Administration's Travel Ban Rules; 'How can the government say' a grandparent or aunt or uncle isn't a close family member, one judge asked; 'In what universe does that come from?'"

And at the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Appeals judges skeptical on Trump immigration limits."

The U.S. Court of Appeals for the Ninth Circuit has posted the video of yesterday's oral argument on YouTube at this link.
Posted at 10:10 AM by Howard Bashman



Monday, August 28, 2017

"Trump travel ban back in court Monday; Appeals court arguments are expected to focus on handling of refugees": Josh Gerstein of Politico.com has this report.

The U.S. Court of Appeals for the Ninth Circuit will stream the oral argument live on YouTube beginning at 5 p.m. eastern, 2 p.m. pacific time.
Posted at 10:15 AM by Howard Bashman



"The Arpaio Pardon Dangerously Accelerates Trump's Assault on the Rule of Law": Jane Chong has this post online at The New Yorker.

And at the "Lawfare" blog, Benjamin Wittes and Jane Chong have a post titled "It's Time: Congress Needs to Open a Formal Impeachment Inquiry."
Posted at 09:22 AM by Howard Bashman



"The Fake-News Fallacy: Old fights about radio have lessons for new fights about the Internet." Adrian Chen has this "A Critic at Large" essay in the September 4, 2017 issue of The New Yorker.
Posted at 09:14 AM by Howard Bashman


"How Determinate is Originalism in Practice?" Michael Dorf has this post at his blog, "Dorf on Law."
Posted at 08:47 AM by Howard Bashman


"Judges remain silent as Trump pardons Arpaio": Joan Biskupic of CNN.com has this news analysis.
Posted at 07:46 AM by Howard Bashman


"Trump's Legal U-Turns May Test Supreme Court's Patience": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 07:44 AM by Howard Bashman


Sunday, August 27, 2017

"Justices to hear court appointments case": Jim Saunders of The News Service of Florida has an article that begins, "The Florida Supreme Court said Friday it will hear arguments this fall in a case that could help shape the future of the court. The Supreme Court scheduled arguments for Nov. 1 in a battle about whether Gov. Rick Scott will have the authority to appoint as many as three new justices as he leaves office in January 2019."
Posted at 10:00 PM by Howard Bashman


"Support piling up in Arlene's Flowers request for Supreme Court review": Annette Cary of The Tri-City Herald of Kennewick, Washington has this report.
Posted at 09:52 PM by Howard Bashman


"18 inmates to get execution dates after California Supreme Court ruling": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 09:48 PM by Howard Bashman


"Kenosha schools ask U.S. Supreme Court to take up transgender bathroom issue": Annysa Johnson of The Milwaukee Journal Sentinel has this report.
Posted at 09:44 PM by Howard Bashman


"AmEx Defends Appeals Court Win to Supreme Court": Liz Crampton and Eleanor Tyler of Bloomberg BNA has this report.
Posted at 09:42 PM by Howard Bashman


"Cash Bail's Lonely Defender": This editorial appeared in yesterday's edition of The New York Times.
Posted at 09:12 PM by Howard Bashman


"Coach Prays, Ninth Circuit Says No -- Blame Supreme Court Conservatives; In 2006, five justices restricted the free-speech rights of public employees; in 2017, we see the consequences": David French has this essay online at National Review.
Posted at 09:05 PM by Howard Bashman


"Critics: Trump pardon his latest affront against judiciary." Darlene Superville of The Associated Press has this report.
Posted at 09:00 PM by Howard Bashman


"Supreme Court 2016 Statutory Term in Review: Purposively Interpreting Statutes That Don't Say Much in Midland Funding, LLC v. Johnson." Asher Steinberg has this post at his blog, "The Narrowest Grounds."
Posted at 08:40 PM by Howard Bashman


"After losses on voting laws and districting, Texas turns to Supreme Court": Robert Barnes of The Washington Post has this report.
Posted at 08:24 PM by Howard Bashman


"The Court's Most Cited Decisions of 2016": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 08:22 PM by Howard Bashman


"How Will the Supreme Court Respond to the Arpaio Pardon? Though its major import is President Trump's official endorsement of racist discrimination in law enforcement, a flagrant contempt for judges is the subtext." Law professor Garrett Epps has this essay online at The Atlantic.

Online at Slate, Mark Joseph Stern has a jurisprudence essay titled "The Arpaio Pardon Is a Bad Sign for the Mueller Investigation; Trump has always wanted to stifle judicial oversight; Now he's shown he will."

At his "Impeachable Offenses?" blog, law professor Frank O. Bowman, III has a post titled "Pardoning Arpaio: The first verifiable impeachable offense."

And at his "Dorf on Law" blog, Michael Dorf has a post titled "The Arpaio Pardon Through the Lens of Trump Exceptionalism."
Posted at 09:50 AM by Howard Bashman



Saturday, August 26, 2017

"Lawsuit over Subway 'footlong' subs was a 'racket' benefiting only lawyers, judge says": Kim Janssen of The Chicago Tribune has this report.

Andrew Blake of The Washington Times reports that "Appeals court rejects 'worthless' Subway foot-long settlement between sandwich chain and customers; Lawsuit was 'no better than a racket and should be dismissed out of hand' writes judge."

And Jonathan Stempel of Reuters has an article headlined "'Worthless' Subway 'Footlong' sandwich settlement is thrown out: U.S. court."

My earlier coverage of yesterday's Seventh Circuit ruling can be accessed here.
Posted at 09:44 PM by Howard Bashman



"Why Trump's Pardon of Arpaio Follows Law, Yet Challenges It": Adam Liptak will have this article in Sunday's edition of The New York Times.
Posted at 09:32 PM by Howard Bashman


"En banc 11th Circuit rules 6-5 that Florida felony battery is a violent felony under the Sentencing Guidelines": David Oscar Markus has this post at "The SDFLA Blog" on an en banc ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.

The opening line of the previously vacated majority opinion of the original three-judge panel in the case was memorable: "When I was growing up, my parents told me not to judge a book by its cover."
Posted at 04:53 PM by Howard Bashman



"FOIA Group That Got Al-Awlaki Memos Wins Fees In 9th Circ." Jack Newsham of Law360.com has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday. Each of the three judges on the panel wrote separately.
Posted at 04:10 PM by Howard Bashman


"New SCOTUS brief in Dodd-Frank whistleblower case: SEC doesn't deserve deference." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 04:06 PM by Howard Bashman


"Judges must decide when prisoner should be shackled": Howard Fischer of Arizona's Capitol Media Services has an article that begins, "An appeals court on Friday slapped down Arizona federal judges for ignoring their order limiting when prisoners can be shackled."

You can access Friday's order of the U.S. Court of Appeals for the Ninth Circuit granting a writ of mandamus at this link.
Posted at 04:02 PM by Howard Bashman



UCLA's Supreme Court Clinic obtains U.S. Supreme Court review in another case: Yesterday, while many were focused on the typical late summer marginalia, the U.S. Supreme Court granted review in a new case, Murphy v. Smith, No. 16-1067. You can access yesterday's Order List at this link.

The new case is notable not only for the interesting question that it presents, but also because the UCLA School of Law Supreme Court Clinic represents the petitioner.
Posted at 08:57 AM by Howard Bashman



"D.C. Circuit Review -- Reviewed: Unsolicited Advice to 2Ls and 3Ls." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 08:46 AM by Howard Bashman


Friday, August 25, 2017

"What Will Be Preet Bharara's Legacy?" Sheelah Kolhatkar has this post online at The New Yorker.
Posted at 10:18 PM by Howard Bashman


"Why the Bundys and Their Heavily Armed Supporters Keep Getting Away with It": Benjamin Wallace-Wells has this essay online at The New Yorker.
Posted at 10:12 PM by Howard Bashman


"President Donald Trump pardons former Sheriff Joe Arpaio": Megan Cassidy of The Arizona Republic has this report.

And online at The New Yorker, Margaret Talbot has a post titled "Why Donald Trump Pardoned Joe Arpaio."
Posted at 10:04 PM by Howard Bashman



"CFTC Talks EP005: CFTC Director of Enforcement James McDonald." The Commodity Futures Trading Commission posted this podcast online today, featuring an interview with James McDonald, a former law clerk to both Sixth Circuit Judge Jeffrey S. Sutton and Chief Justice John G. Roberts, Jr.
Posted at 03:22 PM by Howard Bashman


"U.S. Rep. Erik Paulsen writes: Klobuchar, Franken impede the path of an outstanding judge; Despite his superb qualifications and bipartisan support, David Stras' advance to the federal court is being held up by Minnesota's Democratic senators; This needs to stop." U.S. Representative Erik Paulsen (R-MN) has this essay online at The Minneapolis Star Tribune.
Posted at 02:00 PM by Howard Bashman


"[C]lass member and professional objector" Theodore Frank obtains the reversal of Subway Footlong sandwich class action settlement, which provided no benefits to class members but more than half a million in fees for class counsel: Circuit Judge Diane S. Sykes issued today's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 01:52 PM by Howard Bashman


"Championship bout coming to Minnesota Supreme Court Monday: The Legislature vs. the governor." Rachel E. Stassen-Berger of The Pioneer Press of St. Paul, Minnesota has this report.
Posted at 01:42 PM by Howard Bashman


"Showdown in the state Supreme Court on guns in courthouses": Jimmie E. Gates of The Clarion-Ledger of Jackson, Mississippi has this report.
Posted at 01:40 PM by Howard Bashman


"California Supreme Court upholds most of expedited death penalty initiative": Bob Egelko has this front page article in today's edition of The San Francisco Chronicle.

And at the "At the Lectern" blog of Horvitz & Levy, David Ettinger has a post titled "Supreme Court upholds most of Prop. 66, but it refuses to be bound by the part that would have wreaked havoc on the court's functions."

My earlier coverage of yesterdays California Supreme Court ruling can be accessed here.
Posted at 01:30 PM by Howard Bashman



"Will Jerry Brown Tilt California Supreme Court Against Business?" Daniel Fisher has this post at Forbes.com.
Posted at 01:25 PM by Howard Bashman


"Political maps under fire as Supreme Court case on tailor-made districts looms": Richard Wolf of USA Today has this report.
Posted at 01:18 PM by Howard Bashman


"Say No to Sheriff Joe Arpaio, Mr. Trump": Today's edition of The New York Times contains an editorial that begins, "It would be difficult for President Trump, who has insulted judges and tried to interfere with a federal investigation, to show much more disrespect for the rule of law. But if he makes good on his implicit vow to pardon Joe Arpaio, the disgraced former sheriff of Maricopa County, Ariz., Mr. Trump would be scorning the Constitution itself."
Posted at 10:26 AM by Howard Bashman


"Versus Trump: Trump vs. The CFPB." The "Take Care" blog has posted this podcast featuring Jason Harrow and Charlie Gerstein.
Posted at 10:22 AM by Howard Bashman


Thursday, August 24, 2017

"Ex-Uber Engineer Asks Supreme Court to Learn From Her Ordeal": Peter Blumberg of Bloomberg News has this report.
Posted at 11:32 PM by Howard Bashman


"Minnesota Supreme Court will livestream hearings for first time; High court to begin live broadcasts of arguments": Erin Golden of The Minneapolis Star Tribune has this report.
Posted at 11:18 PM by Howard Bashman


"Ohio Supreme Court justice blasts Browns over anthem protest": Fox 8 News of Cleveland has this report.

And Randy Ludlow of The Columbus Dispatch reports that "Justice Bill O'Neill calls out Browns for kneeling during National Anthem."
Posted at 11:11 PM by Howard Bashman



"Heterosexual couple take civil partnership case to Supreme Court; A heterosexual couple who want to enter a civil partnership instead of getting married have been granted the right to take their case to the Supreme Court": BBC News has this report.
Posted at 11:04 PM by Howard Bashman


"SC judge overruled his father's Emergency ruling with right to privacy verdict; Justice DY Chandrachud set aside the opinion of his father, Justice YV Chandrachud, in the controversial ADM Jabalpur case of 1976, saying it was seriously flawed": Bhadra Sinha of the Hindustan Times has this report.

From The Times of India, Amit Anand Choudhary and Dhananjay Mahapatra report that "Supreme Court gives India a private life." Additionally, Mahapatra has articles headlined "Right to privacy verdict: Author of Supreme Court order junks father;s Emergency ruling" and "Right to privacy verdict: A fundamental shift on gay rights."

A Vaidyanathan of NDTV India has a report headlined "Right To Privacy: Father's Judgement Overruled By Son As 'Seriously Flawed'; Today, overturning that ruling, Justice Chandrachud's son DY Chandrachud, wrote: 'The judgements rendered by four judges are flawed. Life and personal liberty are inalienable to human rights. No civilised state can contemplate encroachment on life and personal liberty.'"

Vidhi Doshi of The Washington Post reports that "India's Supreme Court says privacy is a fundamental right in blow to government."

Niharika Mandhana of The Wall Street Journal reports that "India's Supreme Court Says Privacy is Fundamental Right; Ruling is seen as a setback for the Indian government's ambitious plans for the country's vast biometric database."

Ravi Agrawal of CNN.com reports that "India Supreme Court rules privacy a 'fundamental right' in landmark case."

And BBC News reports that "Indian Supreme Court in landmark ruling on privacy."

You can access today's 547-page ruling of the Supreme Court of India at this link.
Posted at 10:52 PM by Howard Bashman



Seventh Circuit panel reverses Judge Posner for failing to charge the jury at a federal criminal trial on the "corruptly" element of an offense: You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 10:15 PM by Howard Bashman


"Should Judges Use Their Roles to Effect Social Change? A dialogue about whether 'activist judges' are real." 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 10:10 PM by Howard Bashman


"Why Trump Can't Pardon Arpaio": Law professor Martin H. Redish has this essay online at The New York Times.
Posted at 10:05 PM by Howard Bashman


"A New Romance: Trump Has Made Progressives Fall in Love With Federalism." Cristian Farias has this post at the "Daily Intelligencer" blog of New York magazine.
Posted at 09:58 PM by Howard Bashman


"Judge Niemeyer's dissent is the real headline in Maryland political gerrymandering case": Steve Klepper has this post at the "Maryland Appellate Blog."
Posted at 09:52 PM by Howard Bashman


"Legal ruling in: Facebook 'friends' aren't necessarily real friends." David Ovalle of The Miami Herald has this report.

In today's edition of The Wall Street Journal, Jacob Gershman has an article headlined "Florida Appeals Court Rules Judges Can Be Facebook Friends With Lawyers; Boundaries of virtual 'friendships' have divided the legal world as more judges join social-media sites."

And Megan Cerullo of The New York Daily News has an article headlined "Facebook 'friends' aren't real, judge says."

You can access yesterday's ruling of Florida's Third District Court of Appeal at this link.
Posted at 09:40 PM by Howard Bashman



In Bashman news from Australia: Jorge Branco of The Brisbane Times reports that "Up to five people bash man with baseball bats and planks of wood."
Posted at 09:24 PM by Howard Bashman


"Come for the sex toys. Stay for the newly created circuit split on mootness." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 09:20 PM by Howard Bashman


"Flake hearing airs arguments to break up 9th Circuit": Diamond Naga Siu of Politico.com has this blog post.
Posted at 09:08 PM by Howard Bashman


"A Judge Wants a Bigger Role for Female Lawyers. So He Made a Rule." Alan Feuer has this article in today's edition of The New York Times.
Posted at 01:38 PM by Howard Bashman


"Supreme Court upholds law to speed up executions in California": Alexei Koseff and Adam Ashton of The Sacramento Bee have this report on a ruling that the Supreme Court of California issued today.

And in other coverage, Maura Dolan of The Los Angeles Times reports that "California Supreme Court rules Prop. 66 didn't impose hard deadlines for death penalty appeals."
Posted at 01:27 PM by Howard Bashman



"U.S. Supreme Court Justice to speak at UNF": Hannah Lee of the UNF Spinnaker, the student news site of the University of North Florida, has a report that begins, "U.S. Supreme Court Associate Justice Stephen Breyer is scheduled to speak at UNF on Jan. 22, 2018."
Posted at 01:14 PM by Howard Bashman


Wednesday, August 23, 2017

"Appeals Court Grapples With Digital Files, and the Business of Selling 'Used' Songs; With predictions of a high-stakes Supreme Court review, a marathon court hearing is held over whether the first-sale doctrine has survived the digital era": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter.

Therein, Gardner writes, "In a hearing that was scheduled to last 24 minutes but stretched past two hours, a panel of three judges regarded the past, present and future of digital entertainment."

You can access via this link (62.1 MB mp3 audio file) the audio of Tuesday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Second Circuit.
Posted at 10:16 PM by Howard Bashman



"Appeals court panel rules against coach Kennedy in postgame prayer case": Andrew Binion of The Kitsap Sun has this report.

Mike Carter of The Seattle Times reports that "Appeals court refuses to reinstate Bremerton coach who prayed after games."

And Maura Dolan of The Los Angeles Times reports that "Football coach's on-field prayer not protected by Constitution, appeals court rules."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:08 PM by Howard Bashman



"Tucson's Mexican Studies Program Was a Victim of 'Racial Animus,' Judge Says": Maggie Astor of The New York Times has this report.

Jaweed Kaleem of The Los Angeles Times reports that "Federal judge says Arizona's ban on Mexican American studies is racially discriminatory."

Astrid Galvan of The Associated Press has a report headlined "Judge: Racism behind Arizona ban on Mexican-American studies."

And Taylor Harris of Reuters has a report headlined "Arizona ban on ethnic studies unconstitutional: U.S. judge."

Senior Ninth Circuit Judge A. Wallace Tashima, sitting by designation, issued yesterday's ruling of the U.S. District Court for the District of Arizona. It is perhaps worth noting that Tashima served as a federal district judge in the Central District of California for nearly 16 years before he joined the Ninth Circuit in 1996.
Posted at 08:30 PM by Howard Bashman



"Arpaio Pardon Would Show Contempt for Constitution; And there would be only one remedy for Trump's disrespect: impeachment." Law professor Noah Feldman has this essay online at Bloomberg News.

And online at Slate, Dahlia Lithwick has a jurisprudence essay titled "Trump's Anti-Judge Playbook Originated With Arpaio: Of course the president will pardon him -- it's just another way for him to signal his disdain for the rule of law."
Posted at 08:05 PM by Howard Bashman



By a vote of 7-to-5, en banc Eleventh Circuit dismisses as moot a constitutional challenge to ordinance banning the sale of sex toys in Sandy Springs, Georgia: You can access today's en banc ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.

The majority opinion notes that its conclusion that the case is moot is the subject of a circuit split, so this particular challenge to a sex toy sales ban could be far from over if U.S. Supreme Court review were sought and obtained.
Posted at 07:54 PM by Howard Bashman



"Where are the Women: The Alarming Gender Gap Among Trump's Judges." Harsh Voruganti has this post at his blog, "The Vetting Room."
Posted at 07:36 PM by Howard Bashman


"SAC Capital's Martoma fails to overturn U.S. insider trading conviction": 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 Second Circuit issued today.
Posted at 07:32 PM by Howard Bashman


"Striking down Long Island law targeting day laborers, 2nd Circuit splits on standing": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 07:16 PM by Howard Bashman


"Google $8.5M Search Term Disclosure Class Settlement Affirmed": Jimmy H. Koo of Bloomberg BNA has an article that begins, "Alphabet Inc.'s Google's settlement of class allegations it disclosed user internet search terms to third-party websites is acceptable even though nearly none of the $8.5 million payout will go to users, a federal appeals court affirmed Aug. 22."

I have posted yesterday's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 06:48 PM by Howard Bashman



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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