How Appealing

Tuesday, September 19, 2017

"The Meaning of the Three Emoluments Clauses in the U.S. Constitution: A Corpus Linguistic Analysis of American English, 1760-1799." James Cleith Phillips and Sara White have posted this paper on SSRN (via "Legal Theory Blog").
Posted at 11:44 AM by Howard Bashman


"Court: Law against encouraging illegal immigration could violate First Amendment." Josh Gerstein of Politico.com has this blog post.
Posted at 10:30 AM by Howard Bashman


"Posner's Opinions Tell A Tale Of Feline Love": Ed Beeson of Law360.com has this report (subscription required for full access).

And Claire Bushey of Crain's Chicago Business has an article headlined "What prompted Judge Posner to suddenly retire?"
Posted at 10:24 AM by Howard Bashman



"State of the American Judiciary: Arizona Supreme Court Justice Clint Bolick talked about the federal and state judiciaries." Earlier this year, Justice Clint Bolick of the Supreme Court of Arizona spoke to the Conservative Forum of Silicon Valley. You can view the video of his remarks via C-SPAN at this link.
Posted at 10:18 AM by Howard Bashman


"Scalia's Constitution: Essays On Law And Education." Last Friday, the Hoover Institution hosted this event, featuring law professor Amy Wax as a panelist, in Washington DC. You can watch the event online, on-demand via C-SPAN at this link.
Posted at 10:14 AM by Howard Bashman


"How Erwin Chemerinsky plans to push Berkeley Law into the nation's top 5 law schools; 'This is where I plan to spend the rest of my academic career'": Ani Vahradyan of The Daily Californian has this report.
Posted at 10:03 AM by Howard Bashman


"Dianne Feinstein had to ask Trump's judge nominee about religion. Stop the attacks." Law professor Erwin Chemerinsky has this essay online at The Sacramento Bee.
Posted at 09:54 AM by Howard Bashman


Monday, September 18, 2017

"Judicial Conflicts and Voting Agreement: Evidence from Interruptions at Oral Argument." Law professor Tonja Jacobi and Kyle Rozema have posted this paper at SSRN.
Posted at 09:02 PM by Howard Bashman


"The Supreme Court Didn't See E-Commerce Coming: But it now has a chance to fix a mistake that costs states billions in sales taxes." Law professor Daniel Hemel has this essay online at Slate.
Posted at 08:53 PM by Howard Bashman


"Wedding Cakes, Urinals, and Other Art": Michael Dorf has this post at "Dorf on Law."
Posted at 07:56 PM by Howard Bashman


"Houston looks to Supreme Court to resolve same-sex marriage benefits fight; The city of Houston is asking the U.S. Supreme Court to review a decision by the Texas Supreme Court in which the court suggested a landmark ruling legalizing same-sex marriage does not fully address the right to marriage benefits": Alexa Ura of The Texas Tribune has this report.
Posted at 01:36 PM by Howard Bashman


"How America's judges became feudal lords": Edward Morrissey has this essay online at The Week.
Posted at 01:32 PM by Howard Bashman


"Briarcliff schools, U.S. Supreme Court have rare bond": The Journal News of White Plains, New York has this report.
Posted at 01:28 PM by Howard Bashman


"Should a Judge Rely on the Law or His Own Common Sense? A dialogue on legal pragmatism and finding the 'sensible' decision." Slate has posted online this jurisprudence essay, consisting of a conversation between former 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 01:14 PM by Howard Bashman


"Posner's new book is bananas, but you might want it anyway": Matthew Stiegler has this post at his "CA3blog."
Posted at 01:06 PM by Howard Bashman


"AG Schimel Announces Addition of Sopen Shah to Office of Solicitor General": The Wisconsin Department of Justice issued this news release today.
Posted at 10:14 AM by Howard Bashman


"A Primer on The Government's Participation Before the Supreme Court at the Start of the 2017 Term": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 10:08 AM by Howard Bashman


"When Beliefs and Identities Clash in Court: The Supreme Court may not be the right place to settle the Masterpiece Cakeshop case, which pits marriage equality against religious freedom." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 10:00 AM by Howard Bashman


"Fight over electoral district boundaries heads to Supreme Court": Andrew Chung of Reuters has this report.
Posted at 09:57 AM by Howard Bashman


Sunday, September 17, 2017

"When Affirmative Action Isn't Enough": Dana Goldstein of The New York Times has this article, which includes a quote from law professor Amy Wax.
Posted at 08:22 PM by Howard Bashman


"Our Constitution Wasn't Built for This": Law professor Ganesh Sitaraman has this essay in the SundayReview section of today's edition of The New York Times.
Posted at 08:12 PM by Howard Bashman


"Why the Court Can't Decide Masterpiece Bakery": Eric Segall has this post at "Dorf on Law."
Posted at 10:00 AM by Howard Bashman


"Sandy Springs' adult business battles inch closer to Supreme Court appeal": John Ruch of Reporter Newspapers of Sandy Springs, Georgia has an article that begins, "Is the city's crackdown on adult businesses a legitimate fight against crime or an unconstitutional violation of civil liberties? After decade-long legal battles, that question is inching closer to being asked directly to the U.S. Supreme Court."
Posted at 09:44 AM by Howard Bashman


Saturday, September 16, 2017

"Ninth Circuit Eases Time for Appeal of Class Certification Rulings": Amanda Bronstad of The Recorder has an article that begins, "In a case over a purported aphrodisiac dietary supplement that promised 'animal magnetism,' the U.S. Court of Appeals for the Ninth Circuit, splitting with nearly half the country's federal appellate courts on a matter of first impression, decided that an appeal of class decertification was timely even though a reconsideration motion went beyond a deadline set in the federal rules."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:20 PM by Howard Bashman



"Cake Is His 'Art.' So Can He Deny One to a Gay Couple?" Adam Liptak of The New York Times has this report.
Posted at 02:28 PM by Howard Bashman


"Was Trump's Pardon of Joe Arpaio Unconstitutional? A small group of lawyers are fighting to find out." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 01:54 PM by Howard Bashman


"Arrest the American Islamic State Fighter; The U.S. courts are the best place to try someone who took up arms against the country": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:53 PM by Howard Bashman


"Gerrymandering Goes Back to Court: As is so often the case, all eyes are on Justice Anthony Kennedy." Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick. Lithwick's guest is law professor Richard L. Hasen, author of the "Election Law Blog."
Posted at 01:50 PM by Howard Bashman


"Supreme Court's coming high-drama disputes could come down to a 'court of one'": Ryan Lovelace of the Washington Examiner has this report.
Posted at 01:35 PM by Howard Bashman


Friday, September 15, 2017

"How First Amendment Battles Are Shaping Up in the Social Media Age: As technology outpaces the laws that seek to govern its use, questions are being raised about who can control the flow of information and how, exactly, the freedoms of speech and petition come into play." Ashley Cullins has this post at the "THR, Esq." blog of The Hollywood Reporter.
Posted at 11:06 PM by Howard Bashman


"The Monkey Selfie 'Settlement' Doesn't Actually Settle Much; The case isn't quite over, and the real controversy is just beginning": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter.
Posted at 11:02 PM by Howard Bashman


"Local activist wins free speech case in state supreme court": Jennifer Stockinger of The Brainerd (Minn.) Dispatch has this report.

Matt McKinney of The Minneapolis Star Tribune has an article headlined "State Supreme Court ruling reverses disorderly conduct conviction of Little Falls woman; 'I feel like justice was finally served,' said Robin Hensel, whose removal at a City Council meeting was at the heart of the court's decision."

Tyler Jensen of The Morrison County (Minn.) Record reports that "Supreme Court overturns Hensel's disorderly conduct conviction."

And Minnesota Public Radio reports that "MN Supreme Court throws out law against disorderly conduct at meetings."

Justice David R. Stras wrote Wednesday's majority opinion of the Supreme Court of Minnesota.
Posted at 10:45 PM by Howard Bashman



"A conversation with U.S. Supreme Court Justice Elena Kagan on her love of law and landing 'the dream job'": Harvard Law Today has this report.

Harvard Law School has posted on YouTube "A conversation with U.S. Supreme Court Justice Elena Kagan" featuring the law school's new dean, a former Scalia (and Bork) law clerk.
Posted at 10:32 PM by Howard Bashman



"Justice Alito Talks Free Speech, Invokes Dance-Rock at Dedication of USC Law School": Rodney Welch of the Free Times of Columbia, South Carolina has this report.
Posted at 10:28 PM by Howard Bashman


"U.S. Supreme Court Justice Sonia Sotomayor speaks at Clemson University": The Tiger, the student newspaper of Clemson University, has this report.

And at Clemson University's The Newsstand, Karen Land has an article headlined "Supreme Court Justice Sonia Sotomayor inspires during Clemson visit."

Clemson University has posted on YouTube a video titled "Supreme Court Justice Sonia Sotomayor at Clemson."
Posted at 10:24 PM by Howard Bashman



"Armie Hammer researches new RBG film at Supreme Court": Sarah Polus has this entry at the "Reliable Source" blog of The Washington Post.
Posted at 10:18 PM by Howard Bashman


"Obituary: Nicholas P. Papadakos / Pa. Supreme Court justice applied common sense to rulings." Torsten Ove of The Pittsburgh Post-Gazette has written this obituary.
Posted at 10:14 PM by Howard Bashman


"Wisconsin Supreme Court Justice Michael Gableman being vetted for Trump job": Patrick Marley of The Milwaukee Journal Sentinel has an article that begins, "State Supreme Court Justice Michael Gableman is being considered for a federal job in a move that would give Gov. Scott Walker the chance to appoint his successor just before next year's court election."
Posted at 10:12 PM by Howard Bashman


"Mayor asks U.S. Supreme Court to review ruling on same-sex marriage rights": Brooke A. Lewis of The Houston Chronicle has this report.
Posted at 10:10 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: Fifth Circuit Edition." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 07:30 PM by Howard Bashman


"Residents of U.S. Territories Ask Court to Expand Voting Rights": Lorraine Bailey of Courthouse News Service has this report on an appeal orally argued today in the U.S. Court of Appeals for the Seventh Circuit.

The Seventh Circuit has made the audio of the oral argument available online via this link (26.8 MB mp3 audio file).
Posted at 05:18 PM by Howard Bashman



"The Seventh Circuit Responds To Judge Richard Posner: Chief Judge Diane Wood disputes Judge Richard Posner's claims about pro se litigants and cameras in the courtroom." David Lat has this post at "Above the Law."
Posted at 03:44 PM by Howard Bashman


"A Prison Sentence Ends. But the Stigma Doesn't." Law professor James Forman Jr. has this essay online at The New York Times.
Posted at 02:03 PM by Howard Bashman


"U.S. appeals court upholds California ban on foie gras, made by force-feeding ducks and geese": Maura Dolan of The Los Angeles Times has this report.

And Jonathan Stempel of Reuters reports that "Appeals court revives California foie gras ban."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:54 PM by Howard Bashman



"William Howard Taft Is Still Stuck in the Tub": Alexis Coe has this op-ed online at The New York Times.
Posted at 01:38 PM by Howard Bashman


"Meet the Republican-Appointed State Supreme Court Justice Blocked by Blue Slips": Christopher Kang has this entry online at HuffPost.
Posted at 01:33 PM by Howard Bashman


"Will the Supreme Court actually take up the travel ban case on the merits?" Ariane de Vogue of CNN.com has this report.
Posted at 01:30 PM by Howard Bashman


"Catholics Need Not Apply": Judicial Crisis Network has posted this advertisement on YouTube.
Posted at 11:40 AM by Howard Bashman


"Circuit Split on Legislator-Led Prayer Could Entice Supreme Court": Patrick L. Gregory of Bloomberg BNA has this report.
Posted at 11:30 AM by Howard Bashman


"A Hypocritical Battle Over Blue Slips": This editorial appears in today's edition of The New York Times.
Posted at 11:26 AM by Howard Bashman


"Conservatives, Reporters, Farmers Back Robber at Supreme Court": Jordan S. Rubin of Bloomberg BNA has this report.
Posted at 10:30 AM by Howard Bashman


Thursday, September 14, 2017

"Here's what Supreme Court Justice Sonia Sotomayor had to say at Clemson": Georgie Silvarole of The Anderson (S.C.) Independent Mail has this report.
Posted at 11:58 PM by Howard Bashman


"'Think like a lawyer' US Supreme Court Justice Alito says at USC law school dedication": John Monk of The State of Columbia, South Carolina has this report.
Posted at 11:57 PM by Howard Bashman


"Advice for appellate lawyers doing their first Third Circuit case": Matthew Stiegler has this post at his "CA3blog."
Posted at 11:07 PM by Howard Bashman


"Child porn conviction upheld in youth sexting case": Jim Camden of The Spokesman-Review of Spokane, Washington has an article that begins, "A Spokane youth who texted a picture of his genitals to a woman can be convicted under the state laws against child pornography even though he is the child involved, the Washington Supreme Court said Thursday."

Rachel La Corte of The Associated Press has a report headlined "Court: Washington state teen who sent image committed crime."

And Cyrus Farivar of Ars Technica has an article headlined "Teen sends dick pic to 22-year-old woman, now he's a child pornographer; Washington Supreme Court: Child porn laws apply even if perp, victim are the same."

My earlier coverage of today's Washington State Supreme Court ruling can be accessed here.
Posted at 10:09 PM by Howard Bashman



"Supreme Court Term Preview: The American Constitution Society for Law and Policy hosted a discussion on the 2017-18 Supreme Court term." C-SPAN has posted online the video of this event from earlier today.
Posted at 10:02 PM by Howard Bashman


"After Justice Department yields, federal judge still not ready to toss Arpaio conviction": Megan Cassidy of The Arizona Republic has this report.

And Chris Geidner of BuzzFeed News reports that "Judge Questions If Court Can Toss Out Joe Arpaio's Conviction After Trump's Pardon."
Posted at 09:10 PM by Howard Bashman



"Judge Posner, Uncensored: 'I Don't Really Care What People Think'; The recently retired Richard Posner has lost none of his famous candor." David Lat has this post at "Above the Law." And Posner's newest book is now available for purchase.
Posted at 08:57 PM by Howard Bashman


"South Dakota tax law headed to Supreme Court": Jonathan Ellis and Dana Ferguson of The Argus Leader of Sioux Falls, South Dakota have an article that begins, "The South Dakota Supreme Court has ruled that the state cannot force out-of-state retailers to collect sales tax, setting up a possible appeal to the U.S. Supreme Court that will have national implications."

Jef Feeley of Bloomberg News reports that "Internet Tax Ruling Worth Billions Poised for Supreme Court Review."

The Associated Press reports that "South Dakota court rejects law aimed at online sales taxes."

And in commentary, online at Medium, law professor Daniel Hemel has a post titled "The Common Law and the Commerce Clause: There's a strong argument for overturning the Supreme Court's Quill precedent based on . . . Supreme Court precedent."

You can access yesterday's ruling of the Supreme Court of South Dakota at this link.
Posted at 08:45 PM by Howard Bashman



"A Federal Judge Was Ordered To Take A Mental Health Exam; He Refused -- And Is Suing Over It": Zoe Tillman of BuzzFeed News has this report.
Posted at 05:58 PM by Howard Bashman


"Trump Humiliated Jeff Sessions After Mueller Appointment": Michael S. Schmidt and Maggie Haberman of The New York Times have this report.
Posted at 05:54 PM by Howard Bashman


"Supreme Court by the Numbers: Kicking Off the 2017 Term." Kimberly S. Robinson of Bloomberg BNA has this report.
Posted at 05:50 PM by Howard Bashman


"Democrats Could Soon Lose Leverage In The Fight Over Trump's Judicial Nominees": Zoe Tillman of BuzzFeed News has this report.
Posted at 03:24 PM by Howard Bashman


"Figuring Out What Young Associates Want, Over 15 Coffees": Katelyn Polantz of The National Law Journal has an article that begins, "Sean Marotta put on Twitter an open offer to have coffee, thinking that one or two young lawyers in Washington, D.C., might have interest in meeting him, a seventh-year associate in Hogan Lovells' appellate practice."
Posted at 03:20 PM by Howard Bashman


"U.S. Supreme Court Justices Samuel Alito and Sonia Sotomayor speaking today in South Carolina": Andrew Brown and Jamie Lovegrove of The Post and Courier of Charleston, South Carolina have this report.
Posted at 02:14 PM by Howard Bashman


"Waymo Trade Secrets Trial to Proceed After Uber Loses Appeal": Susan Decker and Joel Rosenblatt of Bloomberg News have this report on two rulings (here and here) that the U.S. Court of Appeals for the Federal Circuit issued yesterday.
Posted at 02:10 PM by Howard Bashman


Judge Sutton on the Confrontation Clause tension between Craig and Crawford: Sixth Circuit Judge Jeffrey S. Sutton issued this important concurring opinion today.
Posted at 01:57 PM by Howard Bashman


Washington State Supreme Court rules 6-3 that minor may be convicted for disseminating sexually explicit image of himself: You can access today's ruling of the Supreme Court of Washington State at this link.
Posted at 01:50 PM by Howard Bashman


"Justice Souter's Common Law": Law professor Charles L. Barzun has posted this article on SSRN (via "Legal Theory Blog").
Posted at 01:42 PM by Howard Bashman


"Supreme Court Could Dismantle Popular Patent Challenge Next Term": Tony Dutra of Bloomberg BNA has this report.
Posted at 01:37 PM by Howard Bashman


"The Racist Map Wins: The Supreme Court's conservatives just ensured that Latino votes still won't count in Texas." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 01:34 PM by Howard Bashman


"Bakers Can Be Artists, But They Still Can't Discriminate; The Supreme Court should recognize that, however symbolic their products, Colorado businesses aren't allowed to be anti-gay": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:32 PM by Howard Bashman


"Edie Windsor Gave Me My Wife. And My Life." Rhea Butcher has this op-ed in today's edition of The New York Times.
Posted at 01:26 PM by Howard Bashman


Ramble on: Y. Peter Kang of Law360.com reports that "Pa. Court Tosses 'Excessively Rambling' Med Mal Appeal" (subscription required for full access).

You can access Tuesday's ruling of the Superior Court of Pennsylvania at this link.

Regardless of how rambling the brief turned out to be -- and it can be persuasively argued that any amount of rambling is too much where an appellate brief is concerned -- the brief's critical objective flaw, according to Tuesday's ruling, was that it was 4,548 words longer than the applicable 14,000-word limit for principal briefs in Pennsylvania state court appeals.
Posted at 11:44 AM by Howard Bashman



"10 Things You Need To Know About Blue Slips: Republicans repeatedly used the tradition to block President Obama's judicial nominees." Christopher Kang has this entry online at HuffPost.
Posted at 11:28 AM by Howard Bashman


Wax eloquently: Law professor Amy Wax discussed on two occasions (here and here) with Glenn Loury at bloggingheads.tv the controversial op-ed she recently co-authored.

You can access all of Wax's blogginghead.tv appearances via this link.
Posted at 10:58 AM by Howard Bashman



"Court reveals another overseas-data fight between Google and feds": Josh Gerstein of Politico.com has this blog post.
Posted at 10:48 AM by Howard Bashman


"When Junk Science About Sex Offenders Infects the Supreme Court": David Feige has this essay online at The New York Times.
Posted at 10:44 AM by Howard Bashman


"CEI Opposes PETA Monkey Business in Selfie Settlement": The Competitive Enterprise Institute issued this news release regarding a proposed amicus brief that the organization submitted yesterday to the U.S. Court of Appeals for the Ninth Circuit.

On Tuesday, I had this post collecting coverage of the settlement.
Posted at 10:28 AM by Howard Bashman



"An Old Supreme Court Dream": Linda Greenhouse has this essay online at The New York Times.

And in case you missed them, as I apparently did, in the second half of August, Greenhouse had essays titled "What We're in Danger of Losing" and "Eclipsing Dreams of Better Lives."
Posted at 08:52 AM by Howard Bashman



Wednesday, September 13, 2017

"Some comments on Hessick on corpus linguistics": Neal Goldfarb has this post at his blog, "LAWnLinguistics."

And in case you missed it, back in June Goldfarb had an interesting post titled "The semantics of sleeping in railway stations."
Posted at 11:58 PM by Howard Bashman



"Faith, Law and Dianne Feinstein": Law professors Geoffrey R. Stone and Eric J. Segall have this essay online at The New York Times.
Posted at 11:48 PM by Howard Bashman


"The 'Very Ugly' Pro Se Case That Put Posner Over The Edge": Erin Coe of Law360.com has this report.
Posted at 11:40 PM by Howard Bashman


"As G.O.P. Moves to Fill Courts, McConnell Takes Aim at an Enduring Hurdle": Carl Hulse of The New York Times has this new installment of his "On Washington" column.
Posted at 11:36 PM by Howard Bashman


"The Supreme Court Should Stop This Georgia Execution: When a racist juror helps convict a black man, the Court should follow its own precedent and set the verdict aside." Andrew Cohen has this essay online at the Brennan Center for Justice.
Posted at 02:25 PM by Howard Bashman


"Constitutional Law in an Age of Alternative Facts": Law professor Alli Orr Larsen has posted this article -- forthcoming in the New York University Law Review -- online at SSRN (via "Legal Theory Blog").
Posted at 02:22 PM by Howard Bashman


"Bye-Bye, Blue Slip? Republicans want to trash another century-old Senate norm to help Trump." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 02:16 PM by Howard Bashman


"Tell Sen. Al Franken to Stop Being Petty and Confirm Justice David Stras": Judicial Crisis Network has posted the video of its newest commercial on YouTube.
Posted at 10:14 AM by Howard Bashman


Tuesday, September 12, 2017

"Splitting 5-4, Justices Put Texas Redistricting on Hold": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Over liberals' objections, Supreme Court says Texas need not draw new districts now."

The Associated Press reports that "Supreme Court blocks lower court rulings on Texas districts."

Lawrence Hurley of Reuters reports that "U.S. top court hands win to Republicans over Texas voting maps."

Ariane de Vogue of CNN.com reports that "Supreme Court grants Texas stay request on electoral maps."

Josh Gerstein of Politico.com has a blog post titled "Supreme Court blocks ruling against Texas redistricting."

And at his "Election Law Blog," Rick Hasen has a post titled "Supreme Court, on 5-4 Party Line Vote, Blocks Texas Redistricting Remedy for Now. What's Next?"

You can access here and here this evening's orders of the U.S. Supreme Court.
Posted at 11:33 PM by Howard Bashman



"How a Progressive Interest Group Used Fake News to Hijack Amy Barrett's Judicial-Confirmation Hearing; The spurious charges Democratic senators leveled at Barrett last Wednesday came straight from a report the Alliance for Justice submitted to the Judiciary Committee": Kevin Daley has this essay online at National Review.
Posted at 11:06 PM by Howard Bashman


"My Supreme Court Debut: A Lot Of Questions, A Little Luck." John Bursch has this essay online at Law360.com.
Posted at 11:03 PM by Howard Bashman


"LDS Church, 22 Utah senators back Colorado baker in Supreme Court case": Dennis Romboy of The Deseret News has this report.
Posted at 10:44 PM by Howard Bashman


"Utah Supreme Court considers challenge of surrogacy law from married gay male couple; State is not defending the law, agreeing that it can be read as gender-neutral": Jennifer Dobner of The Salt Lake Tribune has this report.
Posted at 10:38 PM by Howard Bashman


"Ontario judge who wore Trump hat in court suspended without pay for 30 days": Sean Fine of The Toronto Globe and Mail has this report.

And The Associated Press reports that "Canada judge who wore Trump hat suspended without pay."
Posted at 08:52 PM by Howard Bashman



"Edith Windsor, Whose Same-Sex Marriage Fight Led to Landmark Ruling, Dies at 88": Robert D. McFadden of The New York Times has written this obituary.
Posted at 08:44 PM by Howard Bashman


"Statistical Review of the Iowa Supreme Court's 2016-17 Term: Hints at what to expect this term." Rox Laird has this post at "On Brief: Iowa's Appellate Blog."
Posted at 08:40 PM by Howard Bashman


"That One Op-Ed By Those Two Law Professors: What, exactly, were these law professors really trying to say? LawProfBlawg has an idea..." LawProfBlawg has this post at "Above the Law."
Posted at 08:10 PM by Howard Bashman


"Justices Allow Refugee Ban While Case Proceeds": Adam Liptak of The New York Times has this report.

Robert Barnes and Matt Zapotosky of The Washington Post report that "Supreme Court agrees with Trump administration, says some refugees can be barred for now."

Brent Kendall of The Wall Street Journal reports that "Supreme Court Reinstates Trump Travel Ban's Restrictions on Refugees; High court blocks appeals-court ruling while it more fully considers legality of travel ban."

Richard Wolf of USA Today has an article headlined "Supreme Court: No expansion of travel ban's refugee exemptions."

Andrea Noble of The Washington Times reports that "Supreme Court preserves Trump travel ban's refugee limits."

Mark Sherman of The Associated Press reports that "Justices allow Trump administration ban on most refugees."

Greg Stohr of Bloomberg News reports that "Supreme Court Lets Trump Bar Refugees in Boost for Travel Ban."

Ariane de Vogue of CNN.com has a report headlined "Supreme Court: Trump admin can keep travel ban on most refugees."

And Chris Geidner of BuzzFeed News reports that "Supreme Court Allows Trump Administration To Block Refugees With Resettlement Agency Assurances."

You can access today's order of the U.S. Supreme Court at this link.
Posted at 07:38 PM by Howard Bashman



"New 5th Circuit decision on ALJ constitutionality adds urgency to SCOTUS bid": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 07:24 PM by Howard Bashman


"US high court asked to review WV justice's role in gas royalties case": Ken Ward Jr. of The Charleston Gazette-Mail has a front page article that begins, "The U.S. Supreme Court is being asked to review West Virginia Supreme Court Justice Beth Walker's participation in a high-stakes natural gas royalty case that could have had significant financial implications for energy companies in which her husband owned stock."
Posted at 01:53 PM by Howard Bashman


"US Supreme Court Justice Alito to speak Thursday at USC law school dedication": John Monk of The State of Columbia, South Carolina has this report.
Posted at 01:50 PM by Howard Bashman


"State Supreme Court considers future of Toledo's last abortion clinic": Jim Provance of The Toledo Blade has this report.
Posted at 01:48 PM by Howard Bashman


"Colorado cake maker asks Supreme Court to provide a religious liberty right to refuse gay couple": David G. Savage of The Los Angeles Times has this report.
Posted at 01:44 PM by Howard Bashman


"Posner Thoughts Annotated: An Interview With Jack Metzler; Can't get enough of Judge Richard Posner? There's a book for that!" David Lat has this post at "Above the Law."
Posted at 01:37 PM by Howard Bashman


"How 'Friends' of the Court Can Tip the Scales of Justice": Zachary R. Mider of Bloomberg News has this introduction to a new series of reports titled "Tipping the Scales."

Part one of the series, also written by Mider, is now available headlined "'Friends of the Court' Have Hidden Ties to Big Investors."
Posted at 01:23 PM by Howard Bashman



"How Trump Is Destroying America: He disdains the rule of law; He's trampling norms of presidential behavior; And he's bringing vital institutions down with him." Law professor Jack Goldsmith has this cover story in the October 2017 issue of The Atlantic.
Posted at 10:40 AM by Howard Bashman


"Court blocks penalties in new New Hampshire voting law": Josh Gerstein of Politico.com has this blog post.
Posted at 10:10 AM by Howard Bashman


"Who Owns a Monkey Selfie? Settlement Should Leave Him Smiling." Matthew Haag of The New York Times has this report.

Amy B Wang of The Washington Post reports that "'Monkey selfie' lawsuit finally settled after two years and a banana boat full of puns."

Sudhin Thanawala of The Associated Press reports that "Sides agree to stop monkeying around in primate selfie suit."

Joshua Berlinger of CNN.com reports that "PETA, photographer reach settlement in 'monkey selfie' case."

And Zachary Toliver of PETA has a news release titled "Settlement Reached: 'Monkey Selfie' Case Broke New Ground for Animal Rights."

The case is currently pending on appeal before the U.S. Court of Appeals for the Ninth Circuit.
Posted at 10:06 AM by Howard Bashman



"Justice Ruth Bader Ginsburg: 'Over the long haul, I have had it all.'" Maudlyne Ihejirika of The Chicago Sun-Times has this report.

And Roosevelt University has posted on YouTube at this link "A Conversation with Justice Ruth Bader Ginsburg."
Posted at 09:52 AM by Howard Bashman



"Armie Hammer Joins Felicity Jones in Ruth Bader Ginsburg Biopic; 'On the Basis of Sex' will be directed by Mimi Leder from a script by Daniel Stiepleman, who is also Ginsburg's nephew": Borys Kit of The Hollywood Reporter has this report.
Posted at 09:44 AM by Howard Bashman


Monday, September 11, 2017

"Ohio Supreme Court forbids news photography during abortion case": Randy Ludlow of The Columbus Dispatch has this report.

According to the article, the court's public information officer advised news outlets that they could take as many still photographs as they desired using the court's live-stream of the video of the oral argument.
Posted at 10:54 PM by Howard Bashman



"More on Corpus Linguistics and the Criminal Law": Carissa Byrne Hessick has this post at "PrawfsBlawg."
Posted at 10:16 PM by Howard Bashman


"Who Cares Whether Cake-Baking Is 'Expressive'? The Doctrinal Costs of Focusing on Private Burdens Rather Than Governmental Purpose." Rick Hills has this post at "PrawfsBlawg."
Posted at 10:12 PM by Howard Bashman


"Mr. Bursch Goes Back to Washington: John Bursch has had 14 U.S. Supreme Court cases, and won 10 of them." William Wagner has this cover story in the 2017 issue of Michigan Super Lawyers magazine.

Longtime readers may recall that in June 2005 Pennsylvania Super Lawyers magazine published a profile about me and this blog.
Posted at 07:44 PM by Howard Bashman



"The Education of Neil Gorsuch: As a Columbia undergrad, Supreme Court Justice Neil Gorsuch '88CC learned how to argue his opinions." Thomas Vinciguerra has this article in the Fall 2017 issue of Columbia Magazine.
Posted at 07:20 PM by Howard Bashman


"Feinstein's Anti-Catholic Questions Are an Outrage: Democrats are usually unforgiving of religious attacks, such as the one the senator leveled on a judicial nominee last week." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 03:33 PM by Howard Bashman


"How Trump DOJ's about-face on LGBT workplace bias could backfire at SCOTUS": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 03:28 PM by Howard Bashman


"Justice Kennedy's Order Temporarily Leaves in Place Trump Travel Ban on Refugees": Adam Liptak of The New York Times has this report.
Posted at 03:18 PM by Howard Bashman


"Should the courts be less deferential to a lousy president than to a competent president?" Eric Posner has this blog post.
Posted at 01:52 PM by Howard Bashman


"Trump Administration Asks Supreme Court To Stop Refugee Ban Ruling From Going Into Effect": Chris Geidner of BuzzFeed News has this report.

Mark Sherman of The Associated Press reports that "Trump administration appeals to Supreme Court on refugee ban."

Lawrence Hurley of Reuters reports that "Trump administration asks top U.S. court to lift refugee ban limits."

Laurie Asseo of Bloomberg News reports that "Trump Asks U.S. Supreme Court to Restore Refugee Travel Ban."

Matt Zapotosky of The Washington Post reports that "Justice Dept. again asks Supreme Court to allow broad enforcement of travel ban."

Andrea Noble of The Washington Times reports that "Trump wants the Supreme Court to keep his travel ban regulations for refugees."

Ariane de Vogue of CNN.com reports that "Trump admin appeals travel ban refugee ruling to Supreme Court."

And Josh Gerstein of Politico.com reports that "Trump takes travel-ban exemption fight back to SCOTUS; Administration gives up for now on blocking grandparents, but keeps battling to stem refugee flow."
Posted at 01:14 PM by Howard Bashman



"Our Living (That Is, Amendable) Constitution": Mark Pulliam has this post at the blog of the Library of Law and Liberty.
Posted at 11:45 AM by Howard Bashman


"Winning On Appeal: Better Briefs and Oral Argument (Third Edition)." The long awaited third edition of this must-have book for appellate attorneys and those hoping to become appellate attorneys is now available for purchase. Law professor Tessa L. Dysart and Fifth Circuit Judge Leslie H. Southwick are responsible for the updates that have resulted in this new volume of the late Third Circuit Judge Ruggero J. Aldisert's classic practice guide. Among other things, this new third edition contains a Foreword written by U.S. Supreme Court Justice Samuel A. Alito, Jr.

You can browse the book's Table of Contents and read the Foreword at Google Books via this link.
Posted at 11:35 AM by Howard Bashman



Register now to attend the 2017 AJEI Summit in Long Beach, California: Online registration is now open for the 2017 Appellate Judges Education Institute Summit, which will take place in Long Beach, California (near Los Angeles) from November 2-5, 2017. A discounted early-bird registration fee is available through September 30, 2017.

I will be attending the Summit and will be moderating a stellar panel titled "Courts in the Age of 'New Media'" at 11 a.m. on Saturday, November 4th. You can view a complete list of panels and panelists via this link.

Each year, the AJEI Summit is a wonderful way to obtain a year's worth of appellate-related continuing legal education credits and to meet, learn from, and socialize with a large number of appellate lawyers and appellate judges. And for those who like to plan ahead, the 2018 AJEI Summit will be taking place in Atlanta in November 2018.
Posted at 11:12 AM by Howard Bashman



"Another 9/11 Anniversary at Guantanamo, Amid Hurricane Irma": Amy Davidson Sorkin has this post online at The New Yorker.
Posted at 11:00 AM by Howard Bashman


"The D.C. Circuit's 9/11 Recusal Ruling and . . . Academic Freedom(?)" Steve Vladeck has this post at "Just Security."
Posted at 09:50 AM by Howard Bashman


"In Recess #4: 'Stone Soup.'" You can access today's new episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 09:38 AM by Howard Bashman


"The Dogma of Dianne Feinstein": Sohrab Ahmari has this essay online at The New York Times.
Posted at 09:33 AM by Howard Bashman


"An Exit Interview With Richard Posner, Judicial Provocateur": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 09:22 AM by Howard Bashman


Sunday, September 10, 2017

"Denver court rules against Wyoming data trespass law": Heather Richards of The Casper Star-Tribune has this report.

P.J. Huffstutter of Reuters reports that "U.S. appeals court sides with critics of Wyoming's laws on data collection."

And The Associated Press reports that "Wyoming 'ag-gag' law suffers appeals court blow."

You can access Thursday's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 11:20 PM by Howard Bashman



"Penn Law Students Try To Ban Amy Wax From Teaching Civil Procedure Due To Her Breakdown Of The Bourgeois Culture Op-Ed": Paul Caron has this post at his "TaxProf Blog."
Posted at 10:44 PM by Howard Bashman


"Trump's travel ban may expire before it reaches the Supreme Court": The Washington Post has published this editorial.
Posted at 08:44 PM by Howard Bashman


"India's Supreme Court Expands Freedom": Menaka Guruswamy will have this op-ed in Monday's edition of The New York Times.
Posted at 08:40 PM by Howard Bashman


"Supreme Court asked to consider Mississippi's use of Confederate image": Robert Barnes of The Washington Post has this report.
Posted at 08:33 PM by Howard Bashman


"2 high-profile abortion cases to be heard by Ohio Supreme Court": Catherine Candisky has this front page article in today's edition of The Columbus Dispatch.
Posted at 08:30 PM by Howard Bashman


"Supreme Court Justice Elena Kagan discusses her journey from law school to highest court in country; Elena Kagan spoke to UW law students, faculty about her experience in the legal profession, time on SCOTUS": Matt O'Connor of The Bader Herald has this report.
Posted at 08:26 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: A 'Two for One' Special." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 08:06 PM by Howard Bashman


"Law Schools, Judges, and Government Attorneys": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 08:03 PM by Howard Bashman


Saturday, September 9, 2017

"Merrick Garland! What's going to happen to Merrick Garland?" From this week's season premiere of the FX television show "American Horror Story: Cult." You can access The Hollywood Reporter's review of episode one, which mentions these lines of dialogue, at this link.
Posted at 07:54 PM by Howard Bashman


"Posner Exits Seventh Circuit; Workplace Law Legacy Remains": Jon Steingart of Bloomberg BNA has this report.
Posted at 07:24 PM by Howard Bashman


"NAPABA Inspirational Video Series | Neal Katyal": NAPABA National has posted this video on YouTube.
Posted at 07:20 PM by Howard Bashman


"Google, Vermont bring search warrant fight to VT Supreme Court": April McCullum of The Burlington Free Press has an article that begins, "Google is asking the Vermont Supreme Court to overturn a search warrant for data in a case related to alleged sexual exploitation of children." According to the article, "Google refused to share the data, according to the Attorney General's Office, because the information was stored outside the United States."
Posted at 01:32 PM by Howard Bashman


"Virginia Supreme Court to weigh Franklin County man's noose conviction": Neil Harvey of The Roanoke Times has an article that begins, "The Virginia Supreme Court has agreed to hear the case of a Rocky Mount man convicted of a felony after he hung a dark-colored, life-sized dummy from a rope in his yard during a 2015 feud with his black neighbors."
Posted at 01:28 PM by Howard Bashman


In Bashman news from Australia: Lisa Thomas of The West Australian recently reported that "Men dressed in balaclavas bash man and woman in Swan View home invasion."
Posted at 11:30 AM by Howard Bashman


"Justice Elena Kagan says court had to reach more consensus after Antonin Scalia's death": Patrick Marley of The Milwaukee Journal Sentinel has this report.

Shelley K. Mesch of The Wisconsin State Journal reports that "U.S. Supreme Court Justice Elena Kagan highlights importance of compromise at UW-Madison discussion."

And Pat Schneider of The Cap Times reports that "Justice Elena Kagan said short-handed court talked more to reach consensus."
Posted at 11:26 AM by Howard Bashman



"Taking the cake: The Department of Justice backs a baker who refused to make a gay wedding cake; The DoJ's missive to the Supreme Court is not its finest work." Steven Mazie has this post at the "Democracy in America" blog of The Economist.

And online at Slate, Mark Joseph Stern has a jurisprudence essay titled "Cake Wreck: The Trump administration's brief in the Supreme Court's anti-gay baker case is cynical, dishonest, and embarrassing."
Posted at 11:11 AM by Howard Bashman



"It's Thurgood Marshall to the Rescue in a New Thriller": Adam Liptak will have this article in Sunday's edition of The New York Times.
Posted at 11:08 AM by Howard Bashman


Friday, September 8, 2017

"President Eisgruber asks Senate committee to avoid 'religious test' in judicial appointments": The Office of Communications of Princeton University issued this news release today.
Posted at 10:14 PM by Howard Bashman


"On Kozinski And Costco: The mega-retailer counts federal judges among its fans." David Lat has this post at "Above the Law."
Posted at 08:36 PM by Howard Bashman


"Posner Leaves 'Enormous Imprint' on Class Actions": Perry Cooper of Bloomberg BNA has this report.
Posted at 04:42 PM by Howard Bashman


"Two NC Republicans say they accidentally asked the Supreme Court to end gerrymandering": Will Doran of The News & Observer of Raleigh, North Carolina has this report.

Now the wait begins to see whether the U.S. Supreme Court will accidentally agree with the outcome requested in their brief.
Posted at 04:36 PM by Howard Bashman



"NBC Buys Supreme Court Drama From Chuck Rose & Parkes + MacDonald": Nellie Andreeva of Deadline Hollywood has this report.

Congratulations to appellate attorney Anthony Franze, on whose new book "The Outsider" this TV show will be based.
Posted at 04:18 PM by Howard Bashman



"Corpus Linguistics and Criminal Law": Carissa Byrne Hessick has this post at "PrawfsBlawg." As is often the case there, the comments to the post are interesting too.
Posted at 01:46 PM by Howard Bashman


"Trump Administration Backs Baker Who Refused to Make Wedding Cake for Gay Couple; Justice Department files friend-of-the-court brief in support of Colorado bakery owner in case to be heard by Supreme Court": Jess Bravin as this article in today's edition of The Wall Street Journal.
Posted at 01:34 PM by Howard Bashman


"Should a Judge's Nomination Be Derailed by Her Faith? During a recent hearing, Democratic senators pushed an appellate-court nominee to explain how her religious beliefs would affect her legal decisions." Emma Green of The Atlantic has this report.

And online at Bloomberg View, Ramesh Ponnuru has an essay titled "Trump Judicial Nominee Faces the 'Dogma' Brigade; Democratic senators buy into a shameless distortion of a conservative law professor's views."
Posted at 01:28 PM by Howard Bashman



"Appeals Court Deals Blow to Trump's Travel Ban; Ninth Circuit panel rules 24,000 vetted refugees can enter U.S. while Supreme Court considers policy's legality": Jess Bravin of The Wall Street Journal has this report.

In today's edition of The New York Times, Miriam Jordan has an article headlined "Appeals Court Limits Trump Travel Ban and Allows More Refugees."

And at the "Take Care" blog, Joshua Matz has a post titled "The Ninth Circuit's Latest Order and The Zombie Travel Ban."

My earlier coverage of yesterday's Ninth Circuit ruling can be accessed here.
Posted at 10:32 AM by Howard Bashman



"Ted Cruz 2.0? Senator Adjusts With Trump in Office and Houston Under Water." Matt Flegenheimer of The New York Times has this report.
Posted at 10:14 AM by Howard Bashman


"Lawyers Ask The Supreme Court To Rule On Whether Existing Civil Rights Laws Cover Anti-Gay Discrimination": Chris Geidner of BuzzFeed News has this report.
Posted at 10:04 AM by Howard Bashman


Thursday, September 7, 2017

"16 New Judicial Nominations From President Trump: Who are the latest legal luminaries possibly headed for the federal bench?" David Lat has this post at "Above the Law."
Posted at 09:37 PM by Howard Bashman


"The Backstory Behind Judge Richard Posner's Retirement; Judge Posner had some very specific reasons for his surprise retirement from the bench": David Lat has this post at "Above the Law."
Posted at 09:33 PM by Howard Bashman


"Franken's ignoble rejection of Stras nomination: The Minnesota Democrat is mimicking GOP treatment of Merrick Garland." The Minneapolis Star Tribune has published this editorial.
Posted at 08:36 PM by Howard Bashman


"Appeals court rules against Trump administration on travel ban restrictions on refugees and close relatives": Maura Dolan and Jaweed Kaleem of The Los Angeles Times have this report.

Bob Egelko of The San Francisco Chronicle has an article headlined "Court: Trump's travel ban doesn't include grandparents, grandchildren."

Matt Zapotosky of The Washington Post reports that "Grandparents, refugees with formal assurances can enter under Trump's travel ban, appeals court rules."

Stephen Dinan of The Washington Times reports that "Appeals court deals new setback to Trump travel ban; Judges say extended relatives, refugees must be admitted."

Gene Johnson of The Associated Press has a report headlined "Appeals court: Grandparents not part of Trump's travel ban."

Jonathan Stempel and Mica Rosenberg of Reuters report that "U.S. appeals court rejects Trump's bid to bar most refugees."

Ariane de Vogue of CNN.com reports that "9th Circuit narrows scope of Trump travel ban."

Josh Gerstein of Politico.com reports that "Court rejects Trump administration on travel ban exemptions; Grandparents, cousins of Americans get reprieve, as do many refugees."

And Chris Geidner of BuzzFeed News reports that "Appeals Court Sides With Challengers Fighting To Keep Grandparents Exempt From Trump's Travel Ban."

You can access today's per curiam ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:22 PM by Howard Bashman



"In major Supreme Court case, Justice Dept. sides with baker who refused to make wedding cake for gay couple": Robert Barnes of The Washington Post has this report.

David G. Savage of The Los Angeles Times reports that "Trump lawyers urge Supreme Court to rule for Colorado cake maker who turned away gay couple."

Lawrence Hurley of Reuters reports that "Trump administration backs baker who refused to make cake for gay couple."

Greg Stohr of Bloomberg News reports that "White House Backs Baker in Gay Wedding-Cake Court Case."

Ryan J. Reilly of HuffPost has a report headlined "Trump DOJ To Supreme Court: Making Gay Wedding Cake Would Violate Baker's Rights; The Justice Department said artists can't be compelled to create against their religious beliefs."

And Chris Geidner and Dominic Holden of BuzzFeed News report that "Trump Administration Sides With Baker In Same-Sex Wedding Cake Case."

You can view the amicus brief that the federal government has filed in the U.S. Supreme Court at this link.
Posted at 08:02 PM by Howard Bashman



"Trump Judicial Nominees Keep Mostly Mum In Confirmation Hearings": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 05:14 PM by Howard Bashman


"Gavel down -- The judicial philosophy of Richard Posner: America's most prolific judge thought that law was a practical, problem-solving activity." Steven Mazie has this article in the September 7, 2017 print edition of The Economist.
Posted at 04:16 PM by Howard Bashman


"Members of Congress back Christian baker in same-sex wedding-cake case before Supreme Court": Alex Swoyer of The Washington Times has this report.
Posted at 04:12 PM by Howard Bashman


"Trump taps White House legal adviser to serve on high-profile D.C. Circuit": Ann E. Marimow of The Washington Post has this report.
Posted at 04:03 PM by Howard Bashman


"Trump Nominates Greg Katsas to the D.C. Circuit; This is a home run for the president": Shannen W. Coffin has this essay online at National Review.
Posted at 02:08 PM by Howard Bashman


"Trump nominates Oregon federal prosecutor Ryan Bounds to serve as federal appellate judge": Maxine Bernstein of The Oregonian has this report.

Ariane de Vogue of CNN.com reports that "Trump nominates 16 judges as Democrats look ahead to Supreme Court fight."

And Zoe Tillman of BuzzFeed News reports that "Trump Is Nominating A Senior White House Lawyer For The Powerful DC Circuit; Greg Katsas has served as deputy counsel to the president since January."
Posted at 01:54 PM by Howard Bashman



"Trump nominates White House lawyer to important court seat": Sadie Gurman of The Associated Press has this report.

Lydia Wheeler of The Hill reports that "Trump unveils seventh wave of nominees to fill judicial vacancies."

And John Solomon of The Hill reports that "Trump to nominate Clarence Thomas protege to key appeals court post."

Today, the White House issued a news release titled "President Donald J. Trump Announces Seventh Wave of Judicial Candidates."
Posted at 11:25 AM by Howard Bashman



"MN Supreme Court: Car doesn't have to move to be stolen." Bob Collins of Minnesota Public Radio News has this report on a ruling that the Supreme Court of Minnesota issued yesterday. Justice David R. Stras wrote the opinion of the court.

Next thing you know, a court will hold that a person can be convicted of drunk driving even though he only operated the car in the driveway of his own home.
Posted at 09:30 AM by Howard Bashman



"Massachusetts' Highest Court Begins Appeals Season": Brendan Deady of WGBH News has this report.

After having operated this appellate-related blog for more than 15 years, it's nice to finally learn that there's such a thing as "appeals season."
Posted at 09:22 AM by Howard Bashman



"There'll Always Be Posner: An Appreciation." Stephen McConnell has this post at the "Drug & Device Law" blog.
Posted at 09:16 AM by Howard Bashman


"DACA suits could cause static for Trump travel-ban opponents at Supreme Court": Josh Gerstein of Politico.com has this report.
Posted at 09:08 AM by Howard Bashman


Wednesday, September 6, 2017

"Kentucky could become first state with no abortion clinics": Alexandra Zavis of The Los Angeles Times has this report.
Posted at 11:05 PM by Howard Bashman


"Republicans split over gerrymandering case headed to Supreme Court": Robert Barnes of The Washington Post has this report.
Posted at 11:03 PM by Howard Bashman


"Most liberal appeals court headed for Supreme Court reversals?" Richard Wolf of USA Today has this report.
Posted at 11:00 PM by Howard Bashman


"Why the Supreme Court May Review the S.E.C.'s In-House Judges": Peter J. Henning has this post at the "DealBook" blog of The New York Times.
Posted at 10:58 PM by Howard Bashman


"California Supreme Court to decide whether to lower bar exam passing score": Isha Salian of The San Francisco Chronicle has this report.
Posted at 10:52 PM by Howard Bashman


"Justice Elena Kagan to visit University of Wisconsin-Madison on Friday": Patrick Marley of The Milwaukee Journal Sentinel has an article that begins, "U.S. Supreme Court Justice Elena Kagan will address the public Friday at the University of Wisconsin-Madison, just a month before a Wisconsin case goes before the nation's high court."
Posted at 09:57 PM by Howard Bashman


"The Price of Ignorance: The Constitutional Cost of Fees for Access to Electronic Public Court Records." Stephen Schultze has posted this paper on SSRN.
Posted at 08:20 PM by Howard Bashman


"Posner says friction on 7th Circuit bench led to his retirement": Patricia Manson of the Chicago Daily Law Bulletin has this report.
Posted at 08:10 PM by Howard Bashman


"Larsen willing to rule against Trump": Melissa Nann Burke of The Detroit News has this report.

Lydia Wheeler of The Hill reports that "Trump judicial nominee denies she'd put her faith above the law."

Josh Gerstein of Politico.com reports that "DOJ civil rights nominee denounces Charlottesville violence; One Republican senator joins Democrats in lamenting evasiveness of appeals court picks."

And Ryan Lovelace of the Washington Examiner reports that "Senate Democrats grill two Trump judicial nominees."
Posted at 03:47 PM by Howard Bashman



"Abortion clinic's challenge to Kentucky law goes to trial Wednesday in federal court": Deborah Yetter of The Courier-Journal of Louisville, Kentucky has an article that begins, "The state's last abortion clinic, fighting to stay in business, takes its case to federal court Wednesday, arguing that enforcement actions by the administration of Gov. Matt Bevin are meant to shut it down and deny women access to abortions in Kentucky."

Chris Kenning of Reuters reports that "Kentucky trial could make state first in U.S. with no abortion clinic."

And Bruce Schreiner of The Associated Press reports that "Kentucky's last abortion clinic to face off against governor."
Posted at 01:40 PM by Howard Bashman



"Michigan county wins court challenge over Christian prayers": Ed White of The Associated Press has this report on a 9-to-6 en banc ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.

Update: In other coverage, Jonathan Stempel of Reuters reports that "Appeals court allows prayer at Michigan county's public meetings."
Posted at 12:20 PM by Howard Bashman



"Mozart of Legal Writing: Clerks Reflect on Posner's Career." Patrick L. Gregory of Bloomberg BNA has this report.
Posted at 11:20 AM by Howard Bashman


View live, online today's Senate Judiciary Committee confirmation hearing to consider two federal appellate court nominees: Via this link. The two nominees are Michigan Supreme Court Justice Joan L. Larsen for the U.S. Court of Appeals for the Sixth Circuit and law professor Amy Coney Barrett for the U.S. Court of Appeals for the Seventh Circuit.
Posted at 10:28 AM by Howard Bashman


"Neal Katyal: The travel ban's legal nemesis." Josh Gerstein has written this profile for this year's Politico 50 list.
Posted at 08:57 AM by Howard Bashman


"Prominent Republicans Urge Supreme Court to End Gerrymandering": Adam Liptak of The New York Times has this report.
Posted at 08:54 AM by Howard Bashman


Tuesday, September 5, 2017

"Appeals court, 2-1, gives Texas OK to use new voter ID law": Josh Gerstein of Politico.com has this blog post.

Update: At his "Election Law Blog," Rick Hasen has a post titled "5th Circuit Motions Panel, on 2-1 Vote, Allows Texas to Enforce Its Revised ID Law Pending Appeal."
Posted at 11:18 PM by Howard Bashman



"7th Circ. On Brink Of Ideological Shift With Posner's Exit": Sindhu Sundar of Law360.com has this report (subscription required for full access).

And Marilyn Odendahl of The Indiana Lawyer has an article headlined "Retired Posner had significant impact on Indiana" in which my "20 questions for the appellate judge" interview with former Seventh Circuit Judge Richard A. Posner is quoted.
Posted at 10:30 PM by Howard Bashman



"Franken opposes Trump judicial nominee, setting up procedural clash": Seung Min Kim of Politico.com has this report.
Posted at 05:55 PM by Howard Bashman


"Franken will not back Trump's pick of Minn. Justice David Stras for 8th Circuit Court; The democratic senator announced Tuesday he will not return a blue slip that would allow the Stras nomination to advance to a vote, concerned that the justice is too conservative": Jennifer Brooks of The Minneapolis Star Tribune has this report.

And Rachel E. Stassen-Berger of The St. Paul Pioneer Press reports that "Sen. Al Franken to oppose MN Supreme Court Justice David Stras' nomination to federal bench."

This afternoon, U.S. Senator Al Franken (D-MN) posted this statement on Facebook.

And U.S. Senator Amy Klobuchar (D-MN) issued a statement titled "Klobuchar Statement on Nomination of Justice Stras to the Eighth Circuit Court of Appeals."
Posted at 03:17 PM by Howard Bashman



"Advice for new circuit clerks": Matthew Stiegler has this post at his "CA3blog."
Posted at 03:10 PM by Howard Bashman


"Court restores man's lawsuit against cheating wife's lover": Emery P. Dalesio of The Associated Press has this report on a ruling that the North Carolina Court of Appeals issued today.

Today's ruling of a unanimous three-judge panel begins:

This case concerns two common law causes of action -- alienation of affection and criminal conversation -- that permit litigants to sue the lovers of their unfaithful spouses. These laws were born out of misogyny and in modern times are often used as tools for enterprising divorce lawyers seeking leverage over the other side.

Defendant Derek Williams contends that these aging common law torts are facially unconstitutional because they violate individuals' First and Fourteenth Amendment rights to engage in intimate sexual activity, speech, and expression with other consenting adults.

As explained below, we reject this facial constitutional challenge.

Although six of the court's 15 judges -- including the court's chief judge -- are female, this case was decided by an all-male panel. Judge Richard Dietz wrote the opinion of the court, in which Judges Rick Elmore and John M. Tyson joined.
Posted at 01:44 PM by Howard Bashman


"Oceans Apart But Still a Close Familial Relation": Sarah Mahmood has this post at the "Take Care" blog.
Posted at 01:26 PM by Howard Bashman


"Austin has too few defense lawyers for death penalty cases": Ryan Autullo of The Austin American-Statesman has this report.
Posted at 11:33 AM by Howard Bashman


"Counterpoint: Diversity and transparency needed in Stras nomination, not a rubber stamp; Sens. Klobuchar and Franken are right to be taking their time. " The Minneapolis Star Tribune recently published this essay written by Marie A. Failinger, Kendra Brodin, Mike Essien, Ben Kwan, and Lariss Maldonado.
Posted at 11:18 AM by Howard Bashman


"Grassley should rethink scheduling of Judiciary Committee hearing": Law professor Carl Tobias has this essay online at The Des Moines Register.
Posted at 11:14 AM by Howard Bashman


"Amid tension, Trump and McConnell together on judges": Joan Biskupic of CNN.com has this news analysis.
Posted at 11:10 AM by Howard Bashman


"Supreme Court set to take up LGBT rights and religious liberty": Ariane de Vogue of CNN.com has this report.
Posted at 08:37 AM by Howard Bashman


"Eclipsing Dreams of Better Lives": Linda Greenhouse recently had this essay online at The New York Times.
Posted at 08:32 AM by Howard Bashman


Sunday, September 3, 2017

"Federal court orders new hearings in lethal injection challenge": Brian Lyman of The Montgomery Advertiser has this report.

And Kim Chandler of The Associated Press reports that "11th Circuit rules revives lethal injection lawsuit."

You can access Friday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 09:22 PM by Howard Bashman



"ELB Podcast Episode 18 -- Eric McGhee and Nick Stephanopoulos: Will the Efficiency Gap Save the U.S. from Partisan Gerrymandering?" Rick Hasen has this post at his "Election Law Blog."
Posted at 09:18 PM by Howard Bashman


"The Court's Lack of Recent Support for the Federal Government's Agenda": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 05:32 PM by Howard Bashman


"Richard Posner, Leader of a Legal Revolution; No one comes close to the retired federal judge in terms of influence on contemporary law": Law professor Cass R. Sunstein has this essay online at Bloomberg View.
Posted at 03:30 PM by Howard Bashman


"How to Mark Judge Posner's Retirement": Paul Horwitz has this post at "PrawfsBlawg."
Posted at 03:22 PM by Howard Bashman


Saturday, September 2, 2017

"Law360's Pro Say: Should You Read Posner's New Book?" Law360.com has posted this podcast featuring Senior U.S. District Judge Richard G. Kopf (D. Neb.).
Posted at 01:58 PM by Howard Bashman


"Broad, deep support for Stras nomination comes from both sides of the aisle; Lawyers, professors, lawmakers, justices all agree that Stras should be confirmed": The Minneapolis Star Tribune has published these comments from former Minnesota Supreme Court Justice Paul H. Anderson and former U.S. Senator Rudy Boschwitz.
Posted at 01:20 PM by Howard Bashman


"8th Circuit adds to data breach litigation uncertainty, ahead of SCOTUS petition": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 11:28 AM by Howard Bashman


"Supreme Court Preview: Blockbuster Cases Likely to Deliver a Contentious, Consequential Fall Term." Tony Mauro and Marcia Coyle of The National Law Journal have this report.
Posted at 11:24 AM by Howard Bashman


"D.C. Circuit Review -- Reviewed: The Concurrences of Judge Janice Rogers Brown." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 11:22 AM by Howard Bashman


Friday, September 1, 2017

"Richard Posner announces sudden retirement from federal appeals court in Chicago": Jason Meisner and Patrick M. O'Connell of The Chicago Tribune have this report.

The Chicago Sun-Times reports that "Federal Appellate Judge Richard Posner, legal giant, set to retire."

Patricia Manson of the Chicago Daily Law Bulletin reports that "Richard Posner announces retirement."

Claire Bushey of Crain's Chicago Business reports that "Judge Richard Posner is retiring from the federal appeals court."

The U.S. Court of Appeals for the Seventh Circuit issued this news release today.

On December 1, 2003, Seventh Circuit Judge Richard A. Posner participated in this blog's "20 questions for the appellate judge" feature.
Posted at 07:45 PM by Howard Bashman



"Racial Diversity on the Federal Bench: Have We Hit the High Water Mark?" Harsh Voruganti has this post at his blog, "The Vetting Room."
Posted at 01:50 PM by Howard Bashman


"Ben Brafman, the Last of the Big-Time Defense Attorneys": Jeffrey Toobin has this post online at The New Yorker.
Posted at 01:46 PM by Howard Bashman


"Court rejects Wrigley rooftop owner's appeal against Cubs": Madeline Kenney of The Chicago Sun-Times has this report.

And The Associated Press reports that "Court upholds dismissal of rooftop owners' suit against Cubs."

You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 01:30 PM by Howard Bashman







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