How Appealing

Saturday, September 30, 2017

"The Supreme Court Term RBG Is Calling 'Momentous': The ACLU's national legal director, David Cole, on the start of the high court's next term." Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 10:48 PM by Howard Bashman


"The Fight for $7.25: The Supreme Court is poised to deal a devastating blow to minimum wage workers." Law professor Daniel Hemel has this jurisprudence essay online at Slate.
Posted at 10:42 PM by Howard Bashman


"Supreme Court justice holds key vote on districts drawn to help parties": Richard Wolf of USA Today has this report.
Posted at 10:38 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: En Banc Review." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 10:28 PM by Howard Bashman


"The Supreme Court's New Term": David Gans has this post at the "Balkinization" blog.
Posted at 10:26 PM by Howard Bashman


"At high court and others, Trump reverses legal course": Jessica Gresko of The Associated Press has this report.
Posted at 10:24 PM by Howard Bashman


"Trump administration in spotlight as U.S. top court returns": Lawrence Hurley of Reuters has this report.
Posted at 10:22 PM by Howard Bashman


"Justice Willett: The Judicial Unicorn; Don Willett is the Twitter conservative judge America has been waiting for." Shoshana Weissmann and C. Jarrett Dieterle have this post online at The Weekly Standard.

David Martosko of The Daily Mail (UK) has an article headlined "'We'll rebuild the Death Star. It'll be amazing, believe me. And the rebels will pay for it.': Trump's newest appeals court pick is a Twitter addict who mocked him during the campaign."

And at the "Simple Justice" blog, Scott H. Greenfield has a post titled "Short Take: The Tweeter Laureate Of The Fifth," while Senior U.S. District Judge Richard G. Kopf (D. Neb.) has a post titled "Nobody Likes A Bootlicker."
Posted at 10:16 PM by Howard Bashman



"How Badly Is Neil Gorsuch Annoying the Other Supreme Court Justices?" Jeffrey Toobin has this post online at The New Yorker.
Posted at 09:44 PM by Howard Bashman


Thursday, September 28, 2017

Programming note: I will be traveling during the day on Friday, and as a result new posts won't appear here until Saturday night.

As is often the case while I am away from the computer, additional appellate-related retweets may appear on this blog's Twitter feed.
Posted at 11:05 PM by Howard Bashman



"One Notable Cost of Fidelity to Smith (re: Masterpiece Cakeshop)": Jim Oleske has this post at the "Take Care" blog.
Posted at 11:02 PM by Howard Bashman


"Bin Laden son-in-law's conviction upheld; U.S. says 'justice done'": Jonathan Stempel of Reuters has this report on a non-precedential ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 10:26 PM by Howard Bashman


"Looking Ahead at the Supreme Court": American University's Washington College of Law has posted on YouTube the video of this event from earlier today.
Posted at 09:44 PM by Howard Bashman


"Amid Protests at Trump Hotel, Neil Gorsuch Calls for Civility": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Gorsuch speaks at Trump's D.C. hotel, drawing protesters."

David G. Savage of The Los Angeles Times reports that "Justice Neil Gorsuch draws protesters with speech at Trump Hotel."

Richard Wolf of USA Today reports that "Gorsuch urges tolerance in address at Trump hotel."

Greg Stohr of Bloomberg News reports that "Gorsuch Calls for 'Civility,' Ducks Controversy at Trump Hotel."

Jessica Gresko of The Associated Press reports that "Gorsuch appears at Trump hotel, liberal groups cry foul."

Andrew Chung of Reuters reports that "Supreme Court's Gorsuch criticized over Trump hotel speech."

Ariane de Vogue of CNN.com reports that "Neil Gorsuch speech at Trump hotel draws protests."

And on this evening's broadcast of NPR's "All Things Considered," Jackie Northam had an audio segment titled "Supreme Court Justice Neil Gorsuch's Speech At Trump's D.C. Hotel Draws Criticism."
Posted at 09:15 PM by Howard Bashman



"Supreme Court Will Hear Case on Mandatory Fees to Unions": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Supreme Court again will consider mandatory fees to public-employee unions."

David G. Savage of The Los Angeles Times reports that "Supreme Court poised to deal a sharp blow to unions for teachers and public employees."

Richard Wolf of USA Today reports that "Supreme Court will hear challenge to public union fees."

Lawrence Hurley of Reuters reports that "Supreme Court to hear major challenge to public-sector unions."

Mark Sherman of The Associated Press reports that "Supreme Court, new term near, to hear challenge to unions" and "Court to rule when lawyer says 'guilty,' but client objects."

Greg Stohr of Bloomberg News reports that "U.S. Supreme Court to Scrutinize Mandatory Union Fees Again."

And in commentary, online at Slate, Mark Joseph Stern has a jurisprudence essay titled "Solidarity's End: Neil Gorsuch is giving conservatives the chance to virtually destroy American unions."
Posted at 08:56 PM by Howard Bashman



"Trump picks Texas conservatives Willett and Ho for powerful appeals court": Katie Leslie, Tom Benning, and Todd J. Gillman of The Dallas Morning News have this report.

Peggy Fikac of The San Antonio Express-News reports that "Trump picks Texas Supreme Court justice, former solicitor general for U.S appellate court."

Ryan Autullo of The Austin American-Statesman reports that "Trump taps 'Tweeter Laureate' Don Willett for 5th Circuit appeals court."

Mathew Richards of inForney.com reports that "1984 Forney HS graduate, Don Willett, among Trump's nominees for 5th U.S. Circuit Court of Appeals."

Alex Swoyer of The Washington Times reports that "Conservatives applaud Trump's nominees to the 5th Circuit Court of Appeals; President sets up new set of battles over confirmation."

The Associated Press reports that "Trump picks 4 for New Orleans-based appeals court."

Ariane de Vogue of CNN.com reports that "Trump picks active tweeter, Hobby Lobby case lawyer for appeals court."

Zoe Tillman of BuzzFeed News reports that "The Stalemate Over Texas Court Vacancies Is Over, As Trump Announces Nominees; President Trump's latest batch of judicial nominees include Texas Supreme Court Justice Don Willett and former Texas Solicitor General James Ho."

Julia Manchester of The Hill reports that "Trump picks active tweeter Don Willett for appeals court."

And at "Above the Law," David Lat has a post titled "A Surprising Turn In The Fifth Circuit Sweepstakes (Plus Seven Other Federal Judicial Nominees); Congratulations to the two Texas nominees, including a celebrity tweeter!"

Today, the White House issued a news release titled "President Donald J. Trump Announces Eighth Wave of Judicial Candidates."
Posted at 08:30 PM by Howard Bashman



"Supreme Court to decide on gerrymandering, religious liberty, with Justice Kennedy holding key votes": David G. Savage of The Los Angeles Times has this report.
Posted at 08:10 PM by Howard Bashman


"Appeals court order blocks enforcement of D.C.'s strict concealed carry law": Ann E. Marimow of The Washington Post has this report.

You can view today's order of the U.S. Court of Appeals for the D.C. Circuit denying rehearing en banc at this link.
Posted at 08:04 PM by Howard Bashman



"U.S. Senate confirms Fargo trial judge to federal appeals court": Patrick Springer of The Forum of Fargo, North Dakota has this report.

You can access the U.S. Senate's official roll call vote tally confirming U.S. District Judge Ralph R. Erickson (D.N.D,) to serve on the U.S. Court of Appeals for the Eighth Circuit by a vote of 95-to-1 at this link.
Posted at 07:54 PM by Howard Bashman



"Lessons From a Travel Ban Clash That Wasn't": Linda Greenhouse has this essay online at The New York Times.
Posted at 03:15 PM by Howard Bashman


"Save the date: 4 October will see first ever Supreme Court case heard by more than one woman; Lady Hale and Lady Black to rule on case about ethnic minority barrister's discrimination claim." Katie King has this post at the "Legal Cheek" blog.
Posted at 01:48 PM by Howard Bashman


"Broadband Providers to Seek Supreme Court Review on Net Neutrality": Greg Stohr and Todd Shields of Bloomberg News have this report.
Posted at 01:44 PM by Howard Bashman


"Like President, Like Justice: Neil Gorsuch just showed his commitment to racial equality is about as strong as Trump's." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 01:42 PM by Howard Bashman


"Gorsuch speech at Trump hotel sparks questions, protests": Richard Wolf of USA Today has this report.

Ariane de Vogue of CNN.com reports that "Neil Gorsuch speech at Trump hotel draws protests."

And online at ThinkProgress, Ian Millhiser has an essay titled "The Supreme Court is abandoning legitimacy for partisanship; What happens when the Supreme Court ignores the line between law and politics?"
Posted at 01:39 PM by Howard Bashman



"Why does the Supreme Court care so much about wedding cakes? How bakery case at Supreme Court will frame future religious freedom debates." Kelsey Dallas of The Deseret News has this report.
Posted at 01:32 PM by Howard Bashman


"Stand Your Ground may protect you from criminal charges -- but not lawsuits": David Ovalle of The Miami Herald has an article that begins, "Beating a criminal rap thanks to Florida's controversial Stand-Your-Ground law doesn't automatically shield you from civil lawsuits. That was the decision Thursday by the Florida Supreme Court, which said that 'immunity' granted by criminal-court judges don't apply to lawsuits filed in civil court."

You can access today's ruling of the Supreme Court of Florida at this link.
Posted at 01:28 PM by Howard Bashman



"Chief Justice John Roberts visits Mississippi for bicentennial": Geoff Pender has this front page article in today's edition of The Clarion-Ledger of Jackson, Mississippi.
Posted at 01:20 PM by Howard Bashman


"What Is The Government's Word Worth In Court? (Part I)" Leah Litman has this post at the "Take Care" blog.
Posted at 10:00 AM by Howard Bashman


"GOP Approval of Supreme Court Surges, Democrats' Slides": Justin McCarthy of Gallup News has this report.
Posted at 09:57 AM by Howard Bashman


"Gorsuch at Trump hotel is wasted chance to show Supreme Court leadership; With all the partisanship in Washington, wouldn't it be nice if liberal justices addressed conservatives and conservatives talked to liberals?" Gabe Roth has this essay online at USA Today.
Posted at 09:54 AM by Howard Bashman


"When 'Not Guilty' Is a Life Sentence: What happens after a defendant is found not guilty by reason of insanity? Often the answer is involuntary confinement in a state psychiatric hospital -- with no end in sight." Mac McClelland will have this article in the October 1, 2017 issue of The New York Times Magazine.
Posted at 09:50 AM by Howard Bashman


"Sonia Sotomayor's Message of Hope to Puerto Rico: 'You Are Not Alone.'" Cristian Farias has this post at the "Daily Intelligencer" blog of New York magazine.
Posted at 09:47 AM by Howard Bashman


"From her dad's killing during the crack epidemic to a Supreme Court clerkship": John Woodrow Cox of The Washington Post has this report.
Posted at 09:42 AM by Howard Bashman


Access today's Order List of the U.S. Supreme Court: At this link. The Court granted review in 11 new cases that will result in nine hours of oral argument.
Posted at 09:33 AM by Howard Bashman


"Gorsuch Gives Conservatives Edge in 'Momentous' High Court Term": Greg Stohr of Bloomberg News has this report.
Posted at 09:30 AM by Howard Bashman


"Some Worry About Judicial Nominee's Ties to a Religious Group": Laurie Goodstein of The New York Times has an article that begins, "One of President Trump's judicial nominees became something of a hero to religious conservatives after she was grilled at a Senate hearing this month over whether her Roman Catholic faith would influence her decisions on the bench."
Posted at 09:16 AM by Howard Bashman


Wednesday, September 27, 2017

"Dean John Manning welcomes the Harvard Law School Class of 2020": If you're a brand new law student this fall, this video that Harvard Law School has posted on YouTube is worth watching.
Posted at 11:33 PM by Howard Bashman


"Neil Gorsuch's appearance Thursday at a Trump hotel is raising eyebrows -- and not for what he's expected to say; Gorsuch's speech to a conservative group at the Trump International Hotel in Washington risks looking like an endorsement of the president, critics say": Mark K. Matthews of The Denver Post has this report.
Posted at 11:09 PM by Howard Bashman


"Supreme Court faces blockbuster term -- and Trump": Richard Wolf of USA Today has this report.
Posted at 11:05 PM by Howard Bashman


"Supreme Court Preview: What Is in Store for October Term 2017?" The Federalist Society has posted the video of this panel presentation from earlier today on YouTube at this link.
Posted at 10:16 PM by Howard Bashman


"Roy Moore's Alabama Victory Sets Off Talk of a G.O.P. Insurrection": Alexander Burns and Jonathan Martin of The New York Times have this report.

Online at The New York Times, Quin Hillyer has an essay titled "Alabama Disses the Establishment."

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Roy Moore Isn't Just Defiant. He's Dangerous. He twice lost his job for denying the supremacy of the Constitution. Is that a message the people of Alabama support?"
Posted at 10:12 PM by Howard Bashman



"The surprising connection between 'take a knee' protests and Citizens United": Law professor Elizabeth C. Tippett has this post online at The Conversation.
Posted at 09:06 PM by Howard Bashman


"NFL targets entire Elliott suit in bid to restore 6-game ban": Schuyler Dixon of The Associated Press has a report that begins, "The NFL has asked a federal appeals court to dismiss Ezekiel Elliott's entire lawsuit in its bid to lift an injunction that blocked the star Dallas Cowboys running back's six-game suspension over a domestic violence case in Ohio."
Posted at 08:57 PM by Howard Bashman


"Gorsuch's speeches raise questions of independence, critics say": Robert Barnes of The Washington Post has this report.
Posted at 04:28 PM by Howard Bashman


"Petitions to Watch For From SCOTUS' Long Conference": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 04:23 PM by Howard Bashman


"Sexism was a 'major, major factor' in Clinton's loss to Trump, Justice Ginsburg says": Robert Barnes of The Washington Post has this report.
Posted at 03:54 PM by Howard Bashman


"Big stakes in high court fight over partisan political maps": Mark Sherman and Scott Bauer of The Associated Press have this report.
Posted at 10:24 AM by Howard Bashman


"Justice Ruth Bader Ginsburg Talks Shakespeare at Roundtable Event": Montclair State University has issued this news release.
Posted at 10:22 AM by Howard Bashman


"No matter how you slice it, U.S. jurist Kennedy key vote in cake case": Lawrence Hurley of Reuters has this report.
Posted at 10:18 AM by Howard Bashman


"Corporations Have Rights. Why Not Rivers?" In today's edition of The New York Times, Julie Turkewitz has an article that begins, "Does a river -- or a plant, or a forest -- have rights? This is the essential question in what attorneys are calling a first-of-its-kind federal lawsuit, in which a Denver lawyer and a far-left environmental group are asking a judge to recognize the Colorado River as a person."
Posted at 10:14 AM by Howard Bashman


"Gorsuch Vote Could Revive Public Union Fees Case This Week": Hassan A. Kanu of Bloomberg BNA has this report.
Posted at 10:12 AM by Howard Bashman


"Smithsonian gives Clarence Thomas a spot in year-old African American history museum": Bradford Richardson of The Washington Times has this report.
Posted at 10:06 AM by Howard Bashman


Tuesday, September 26, 2017

"Faith, Wedding Cakes, and the Rule of Law": Eric Segall has this post at "Dorf on Law."
Posted at 10:16 PM by Howard Bashman


"Department of Wackadoodle: The DOJ's new anti-gay legal posture just got shut down in federal court." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 10:08 PM by Howard Bashman


In posts of interest at Matthew Stiegler's "CA3blog": Stiegler has posts titled "Liberal group criticizes Bibas but does not come out against his nomination" and "Local Third Circuit lawyer shares a first-hand account of Virgin Islands hurricane damage" (the latter of which improbably features a photo that includes me).
Posted at 10:05 PM by Howard Bashman


"Roy Moore Wins Senate G.O.P. Runoff in Alabama": Jonathan Martin and Alexander Burns of The New York Times have this report.
Posted at 09:42 PM by Howard Bashman


"Supreme Court Justice Ruth Bader Ginsburg in Conversation with Charlie Rose": 92Y On Demand is streaming the interview live, online via this link.
Posted at 08:00 PM by Howard Bashman


"Judges speak to both sides of Brendan Dassey's confession in 'Making A Murderer' case": Tom Kertscher of The Milwaukee Journal Sentinel has this report.

Kim Janssen of The Chicago Tribune reports that "Fate of 'Making a Murderer' teen hangs in balance."

Todd Richmond and Michael Tarm of The Associated Press report that "Judges appear split in 'Making a Murderer' appeal."

And Lorraine Bailey of Courthouse News Service reports that "Full Seventh Circuit Hears 'Making a Murderer' Case."

You can access the audio of today's reargument before the en banc U.S. Court of Appeals for the Seventh Circuit via this link (26.6 MB mp3 audio file).
Posted at 07:48 PM by Howard Bashman



"With Trump In Charge, Federal Lawyers Are Now Fighting Each Other Over Gay Rights; A Justice Department attorney told a panel of federal judges on Tuesday that a 1964 civil rights law doesn't protect gay workers from discrimination; A lawyer for an autonomous federal agency disagreed": Dominic Holden of BuzzFeed News has this report.

And Daniel Wiessner of Reuters reports that "Trump administration tells court law does not ban bias against gay workers."
Posted at 07:32 PM by Howard Bashman



"Wisconsin Strict ID Law Discouraged Voters, Study Finds": Michael Wines has this article in today's edition of The New York Times.
Posted at 05:37 PM by Howard Bashman


You can access the audio of today's Second Circuit en banc reargument in Zarda v. Altitude Express, Inc.: Via this link (81.0 MB mp3 audio file).

In early news coverage, Erik Larson of Bloomberg News reports that "Trump Administration Says Bias Rules Don't Cover Gay Workers."

And Jay-Anne B. Casuga of Bloomberg BNA reports that "Orientation Bias, FMLA Retaliation Waiting in Wings for Justices."
Posted at 04:56 PM by Howard Bashman



"What Does Trump's New Travel Ban Mean for the Supreme Court?" Amy Davidson Sorkin has this post online at The New Yorker.
Posted at 04:08 PM by Howard Bashman


"Texas can implement key provision of 'sanctuary cities' law": Jason Buch and Guillermo Contreras have this front page article in today's edition of The San Antonio Express-News.

In today's edition of The El Paso Times, Madlin Mekelburg has a front page article headlined "US appeals court lets parts of sanctuary cities ban go into effect."

In today's edition of The Dallas Morning News, James Barragan has a front page article headlined "Appeals court rules parts of Texas' sanctuary cities ban can go into effect."

Mike Ward of The Houston Chronicle has an article headlined "Appeals court: Portions of Texas 'sanctuary city' law can take effect; Texas officials say the ruling is a victory for SB4 supporters."

In today's edition of The Washington Times, Stephen Dinan has a front page article headlined "Democrat-appointed judges uphold Texas law against sanctuary cities."

Jon Herskovitz of Reuters reports that "U.S. appeals court allows part of Texas law targeting 'sanctuary cities.'"

Ted Hesson and Josh Gerstein of Politico.com have a blog post titled "Appeals court reinstates parts of Texas law aimed at blocking sanctuary-city policies."

And Julian Aguilar of The Texas Tribune reports that "Appeals court allows more of Texas 'sanctuary cities' law to go into effect."

You can access yesterday's per curiam ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 02:06 PM by Howard Bashman



"U.S. asks appeals court to review reversal of Blackwater conviction, sentencings for Iraq massacre": Spencer S. Hsu of The Washington Post has an article that begins, "The U.S. Justice Department asked a full federal appeals court Monday to review a decision to throw out the first-degree murder conviction of one former Blackwater Worldwide security guard and the sentences of three others in shootings that killed 14 unarmed Iraqi civilians in Baghdad in 2007."
Posted at 01:50 PM by Howard Bashman


"New Illinois Supreme Court ruling should make 'judicial hellhole' less fiery": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 01:42 PM by Howard Bashman


"Ex-N.Y. state senate leader's corruption conviction vacated, faces retrial": Joseph Ax of Reuters has this report on a non-precedential ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:38 PM by Howard Bashman


"U.S. appeals court to consider rights of gay workers": Daniel Wiessner of Reuters has this report.

And Ariane de Vogue of CNN.com reports that "LGBT employment cases on road to Supreme Court."

When the audio of this afternoon's reargument en banc in the U.S. Court of Appeals for the Second Circuit becomes available online, I will link to it.
Posted at 01:32 PM by Howard Bashman



"Colorado's revenge porn law brings nearly 200 charges, but getting convictions is a challenge; In a civil case, a three-time Paralympian accuses her airline pilot ex-boyfriend of sharing nude photos": David Migoya has this front page article in today's edition of The Denver Post.
Posted at 01:27 PM by Howard Bashman


"Ralph Gants And The Decline Of The Felony Murder Doctrine In Massachusetts": Law professor Daniel Medwed has this post online at WGBH News.

You can access last Wednesday's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 11:09 AM by Howard Bashman



"11th Circuit: Gay Man Cannot Deduct Costs To Father Children Through In Vitro Fertilization As Medical Expenses." Paul Caron has this post at his "TaxProf Blog" about a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.

The ruling is noteworthy, among other reasons, because it is Circuit Judge Kevin C. Newsom's first published opinion since joining the Eleventh Circuit less than two months ago.
Posted at 11:03 AM by Howard Bashman



"Seventh Circuit Eases Third Party Ballot Access in Illinois": Lorraine Bailey of Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued on Friday.
Posted at 10:54 AM by Howard Bashman


"Ban of overpass banners upheld in federal appeals court, but town of Campbell ordinance might be too broad": Kevin Murphy of The La Crosse Tribune has this report on a ruling that Circuit Judge Frank H. Easterbrook issued Friday on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 10:48 AM by Howard Bashman


"Posner says he is open to litigating on behalf of pro se litigants, defends book": Debra Cassens Weiss of ABA Journal has this blog post.

Thus far, the author of the "How Appealing" blog is not among those who have received a complimentary copy of former Seventh Circuit Judge Richard A. Posner's new book.
Posted at 10:38 AM by Howard Bashman



"Partisan Gerrymandering Heads to Court Test: Can It Go Too Far?" Greg Stohr of Bloomberg News has this report.
Posted at 10:33 AM by Howard Bashman


In Bashman news from Zimbabwe: As regular readers of this blog are aware, Bashman news most frequently emerges from Australia, with New Zealand a distant second. On rare occasion, however, Bashman news arrives from the continent of Africa, as exemplified by today's entry, from Bulawayo 24 News, headlined "Trio bash man to death over prostitute," reported by Simbarashe Sithole.
Posted at 10:28 AM by Howard Bashman


"Federal Court Lambastes Conservative Effort To Strip Felon Voting Rights In Philadelphia; The court said the federal law in question 'was intended as a shield to protect the right to vote, not as a sword to pierce it'": Sam Levine of HuffPost has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.

At his "CA3blog," Matthew Stiegler discusses the ruling in a post titled "New opinions, including a hot-button voting case with some harsh words for the appellant." And Stiegler previously noted discussed the oral argument of the appeal in a post titled "Two remarkable starts to oral argument."
Posted at 10:20 AM by Howard Bashman



Monday, September 25, 2017

"The Case Against Partisan Gerrymandering: It is both durable and democratically subversive; It's time for the Supreme Court to intervene." Law professor Nicholas Stephanopoulos has this jurisprudence essay online at Slate.
Posted at 10:09 PM by Howard Bashman


"One Of Trump's Judicial Nominees Sits On The Board Of A Group That Defends 'Conversion' Therapy": Zoe Tillman of BuzzFeed News has this report.
Posted at 09:38 PM by Howard Bashman


I just registered online to attend the 2017 AJEI Summit in Long Beach, CA: And you can, too, via this link. Although online registration supposedly requires you to sign-up for a Duke Conference and Event Services account, the process is painlessly simple, requiring only the creation of a password as part of the ordinary online registration process.

This will be the fourth annual Appellate Judges Education Institute Summit in a row that I have attended, and the preceding three were all wonderful events. This also marks the second year in a row that I have been on the AJEI Education Planning Committee and that I will be moderating a panel.

You can view the event's agenda, which lists all of the speakers and panelists, via this link. The panel that I will be moderating on the morning of Saturday, November 4, 2017 features Adam Feldman of the "Empirical SCOTUS" blog, law professor Richard L. Hasen of the "Election Law Blog," and law professor RonNell Andersen Jones. If that's not reason enough to attend, the presentation immediately preceding my panel features both Seventh Circuit Chief Judge Diane P. Wood and Bryan A. Garner. The very next panel following the panel I'm moderating (after a lunch break) features Senior Fifth Circuit Judge Patrick E. Higginbotham and law professor Pamela S. Karlan.

This week is the final week to register and qualify for a substantial early-bird discount. This year will be the first time in a number of years that the AJEI Summit is taking place in California, so appellate attorneys in California and elsewhere in the western United States should definitely take advantage of this opportunity to attend a wonderful event offering top-notch appellate CLE programming and rare opportunity to socialize with a large number of other appellate attorneys and judges.
Posted at 04:00 PM by Howard Bashman



In today's mail: I received a copy of the new book "Scalia Speaks: Reflections on Law, Faith, and Life Well Lived." The book officially goes on sale on Tuesday, October 3, 2017.
Posted at 03:24 PM by Howard Bashman


"Supreme Court cancels oral arguments on Trump travel ban": Josh Gerstein of Politico.com has this report.
Posted at 02:11 PM by Howard Bashman


"US appeals court agrees that college can't suspend student": Dan Sewell of The Associated Press has a report that begins, "A federal appeals court panel has agreed with blocking a university's suspension of a male student accused of sexually assaulting a female student."

You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 02:05 PM by Howard Bashman



"How First Amendment Speech Doctrine Ought to Be Created and Applied in the Colorado Baker/Gay Wedding Dispute at the Supreme Court": Law professors Vikram David Amar and Alan E. Brownstein have this essay at Justia.com's Verdict.

And at "Jost on Justice," Kenneth Jost has a post titled "'Straight Weddings Only' Equals Discrimination."
Posted at 01:52 PM by Howard Bashman



In the October 2017 issue of ABA Journal magazine: Mark Walsh has articles headlined "With Gorsuch on the bench, the Supreme Court's new term will address the travel ban, other hot-button issues" and "SCOTUS catches up by adopting electronic filing technology."
Posted at 01:48 PM by Howard Bashman


"Corpus Linguistics Re-Redux": Carissa Byrne Hessick has this post at "PrawfsBlawg."
Posted at 01:33 PM by Howard Bashman


"What To Do With Violent Sex Offenders: The Supreme Court considers whether 'civil commitment' is just prison by another name." Maurice Chammah has this post onine at The Marshall Project.
Posted at 01:28 PM by Howard Bashman


"Travel Ban 3.0 could derail Supreme Court case": Ariane de Vogue of CNN.com has this report.

Greg Stohr of Bloomberg Nws reports that "New Trump Travel Ban Raises Stakes for Supreme Court Legal Fight."

Andrew Chung of Reuters has an article headlined "Trump's new travel ban could be harder to fight in court -- experts."

And in commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled "Trump's New Travel Ban Could Win Over Justices; If this version had been issued in January, the courts would probably have let it stand."
Posted at 01:26 PM by Howard Bashman



"Appeals court nixes TV coverage of key arguments on LGBT rights": Josh Gerstein of Politico.com has this blog post.
Posted at 01:14 PM by Howard Bashman


"We Know a Lot About What Robert Mueller Is Doing. We Also Know Nothing at All. Looking for clues in the actions of D.C.'s second-most-powerful man." Cristian Farias of New York magazine has this report.
Posted at 08:27 AM by Howard Bashman


"'Lonely Scholar With Unusual Ideas' Defends Trump, Igniting Legal Storm": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 08:22 AM by Howard Bashman


"America's Red and Blue Judges: Justice Neil Gorsuch exemplifies how the Supreme Court has become fully enmeshed in the rankest partisan politics." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 08:14 AM by Howard Bashman


Sunday, September 24, 2017

"Supreme Court has option to duck travel ban ruling": Lawrence Hurley of Reuters has this report.
Posted at 09:52 PM by Howard Bashman


"New Order Bars Almost All Travel From Seven Countries": Michael D. Shear of The New York Times has this report.

And Devlin Barrett of The Washington Post reports that "Trump administration changes travel ban countries."
Posted at 08:00 PM by Howard Bashman



"Top Firms' Supreme Court Business: Some Stay Close While Others Stay Away." Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 07:48 PM by Howard Bashman


"Edible art: Bakers want Supreme Court to acknowledge there's more to a cake than baking." Robert Barnes of The Washington Post has this report.
Posted at 07:44 PM by Howard Bashman


"In Monday meeting, commissioners likely to appeal prayer lawsuit to Supreme Court": Josh Bergeron of The Salisbury (N.C.) Post has an article that begins, "The Rowan County commissioners on Monday are expected to decide to appeal the latest ruling in the prayer lawsuit against them to the U.S. Supreme Court."
Posted at 05:42 PM by Howard Bashman


Saturday, September 23, 2017

"Coaches Could Face Liability on Student Concussions, Appeals Court Rules": At the "School Law" blog of Education Week, Mark Walsh has a post that begins, "A federal appeals court has ruled that coaches or other school personnel may be liable when they expose student-athletes to further harm by having them return to play after a suspected concussion."

My earlier coverage of Thursday's Third Circuit ruling, in a case in which I am appellate counsel for the plaintiffs-appellants, can be accessed here.
Posted at 09:00 PM by Howard Bashman



"Trump's Big Gamble: Can He Pull Alabama Senator to Victory?" Jonathan Martin will have this article in Sunday's edition of The New York Times.

As the article explains, "The contest between Mr. Strange and Roy Moore, a former State Supreme Court justice and evangelical firebrand, is the most significant test yet of the president's power to sway the party's conservative base."
Posted at 08:50 PM by Howard Bashman



"The Upcoming Supreme Court Cases That Matter Most to States and Localities: In the term that starts Oct. 2, the justices will hear cases that could drastically alter the country's political, financial and social landscape." J.B. Wogan of Governing.com has this report.
Posted at 08:22 PM by Howard Bashman


"Sotomayor on Converting Colleagues & Dashing Dreams": Kimberly Robinson has this post at the "U.S. Law Week: On the Merits Blog."
Posted at 08:10 PM by Howard Bashman


"Rory Perry takes federal job; Supreme Court names new Clerk of Court": The Supreme Court of Appeals of West Virginia has issued this news release.
Posted at 08:05 PM by Howard Bashman


"An apology to Tillman and Blackman": Jed Shugerman has this post at his "Shugerblog."
Posted at 07:54 PM by Howard Bashman


"Texas case could test limits of gay marriage ruling": Chuck Lindell of The Austin American-Statesman has this report.
Posted at 10:57 AM by Howard Bashman


"These jury systems are vestiges of white supremacy": In today's edition of The Washington Post, law professor Angela A. Allen-Bell has an op-ed that begins, "Louisiana and Oregon are not often thought of in the same vein. But on the issue of non-unanimous juries, they are kindred spirits."
Posted at 10:52 AM by Howard Bashman


"Supreme Court case offers window into how representatives choose their constituents": Robert Barnes has this front page article in today's edition of The Washington Post.
Posted at 10:44 AM by Howard Bashman


"Gov. Martinez appoints new judge to state Court of Appeals": Andrew Oxford of The Santa Fe New Mexican has an article that begins, "Gov. Susana Martinez on Friday appointed a Republican lawyer from Los Lunas to a seat on the state Court of Appeals. Emil Kiehne, 45, is the governor's third appointee to the nine-member appellate court this year after recent retirements."

In addition to containing a pronunciation guide for his last name, the article also mentions that Kiehne formerly practiced law in Philadelphia. Emil's kind invitation led to my memorable visit to New Mexico in 2016 to serve as the keynote speaker at the New Mexico Bar Association's Appellate Practice Institute. Here's wishing Emil all the best in serving as a judge on the New Mexico Court of Appeals!
Posted at 10:30 AM by Howard Bashman



Friday, September 22, 2017

"Here are the major questions before the Supreme Court this fall": David G. Savage of The Los Angeles Times has this report.
Posted at 02:48 PM by Howard Bashman


"Every year, millions try to navigate US courts without a lawyer": Lauren Sudeall Lucas and Darcy Meals have this post at The Conversation.
Posted at 01:34 PM by Howard Bashman


"High court rejects petition to force ranked-choice voting in March": Tripp Stelnicki of The Santa Fe New Mexican has this report.
Posted at 01:32 PM by Howard Bashman


"7th Circuit affirms Chicago 'puppy mill' ordinance": Dave Stafford has this post at The Indiana Lawyer about a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued yesterday.
Posted at 01:20 PM by Howard Bashman


"Patent Venue: Cyberspace does not Expand Place of Business." Dennis Crouch has this post at his "Patently-O" blog about an order that the U.S. Court of Appeals for the Federal Circuit issued yesterday.
Posted at 01:14 PM by Howard Bashman


"U.S. Supreme Court may take Florida case involving medical records": Jim Saunders of the News Service of Florida has this report.
Posted at 01:07 PM by Howard Bashman


"Trump, Though Not on Stage, Looms Large in Alabama G.O.P. Senate Debate": Jonathan Martin has this article in today's edition of The New York Times.
Posted at 01:03 PM by Howard Bashman


"Sen. Casey returns a blue slip for Stephanos Bibas": Orin Kerr has this post at "The Volokh Conspiracy."

And at his "CA3blog," Matthew Stiegler has a post titled "Bibas featured in provocative new article on plea bargaining" about Emily Yoffe's article in the September 2017 issue of The Atlantic headlined "Innocence Is Irrelevant: This is the age of the plea bargain -- and millions of Americans are suffering the consequences."
Posted at 01:00 PM by Howard Bashman



"The Supreme Court and Military Control of Civil Offices": Steve Vladeck has this post at the "Lawfare" blog.
Posted at 11:33 AM by Howard Bashman


"Travel ban revisions may add countries, alter court challenge": Richard Wolf and Kevin Johnson of USA Today have this report.

And Michael D. Shear and Ron Nixon of The New York Times report that "Trump's Travel Ban to Be Replaced by Restrictions Tailored to Certain Countries."
Posted at 11:28 AM by Howard Bashman



Thursday, September 21, 2017

"The Supreme Court Gets Its First Test of Gay Rights Since 2015; A case that began with a chat about a wedding cake has grown into a clash between free speech and equality": Greg Stohr of Bloomberg News has this report.
Posted at 11:56 PM by Howard Bashman


"In Trump's America, is the Supreme Court still seen as legitimate?" Michael Nelson, Eric Plutzer, and Michael Berkman have this post at The Conversation.
Posted at 11:55 PM by Howard Bashman


"Fourth Amendment Blockbuster Tops Supreme Court Criminal Docket": Jordan S. Rubin of Bloomberg BNA has this report.
Posted at 11:20 PM by Howard Bashman


"Trump's impact felt in Supreme Court labor rights cases": Richard Wolf of USA Today has this report.
Posted at 11:18 PM by Howard Bashman


"Labor Leads 'Momentous' SCOTUS Term": Bloomberg BNA has posted online this video featuring Kimberly Robinson and Madison Alder.
Posted at 11:15 PM by Howard Bashman


"E&E News legal reporters Amanda Reilly and Ellen M. Gilmer preview the Supreme Court's fall term": E&E News, which publishes Greenwire, has posted this video on YouTube.
Posted at 11:11 PM by Howard Bashman


"At Menendez Trial, Legal Wrestling Over Definition of 'Constituent'": Nick Corasaniti has this article in today's edition of The New York Times.
Posted at 11:07 PM by Howard Bashman


"Obergefell Is Already Under Attack: Trump is laying the groundwork to overturn marriage equality." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 11:00 PM by Howard Bashman


"Controversy Over Law Profs' Op-Ed On The Breakdown Of The 'Bourgeois Culture' Shifts From Penn To San Diego": Paul Caron has this post at "TaxProf Blog."

At "Brian Leiter's Law School Reports," Leiter has a post titled "USD Law Dean Stephen Ferruolo should either resign or issue a public apology."

And law professor Jonah B. Gelbach has a post titled "Facts v. Wax" at the "Heterodox Academy" blog.
Posted at 09:42 PM by Howard Bashman



"Meaning in the framework of corpus linguistics": Neal Goldfarb has this post at his blog, "LAWnLinguistics."
Posted at 09:26 PM by Howard Bashman


"Newest Supreme Court justice at U of L: 'Judges should wear robes, not capes.'" Andrew Wolfson of The Courier-Journal of Louisville, Kentucky has this report.

Daniel Desrochers of The Lexington Herald-Leader has an article headlined "McConnell shows off prized accomplishment to Kentucky: Justice Neil Gorsuch."

And Bruce Schreiner of The Associated Press reports that "Supreme Court's Gorsuch touts conservative role for judges."
Posted at 09:10 PM by Howard Bashman



"'I Don't Like Either One': Alabama Republicans Consider Roy Moore and Luther Strange." Charles Bethea has this post online at The New Yorker.

And Nathan McDermott and Andrew Kaczynski of CNN.com have a report headlined "Senate candidate Roy Moore in 2005: 'Homosexual conduct should be illegal.'"
Posted at 08:42 PM by Howard Bashman



"Justice Sotomayor says cameras intrude on the Supreme Court's process": Alex Swoyer of The Washington Times has this report.

Saba Hamedy of CNN.com reports that "Justice Sotomayor says she hasn't heard from half her family in Puerto Rico."

And Rich Schapiro of The New York Daily News reports that "Supreme Court Justice Sonia Sotomayor can't reach some of her family in Puerto Rico after Hurricane Maria."
Posted at 08:35 PM by Howard Bashman



"Separating Amicus Wheat from Chaff": Law professor Aaron-Andrew P. Bruhl and Adam Feldman have posted this paper on SSRN.
Posted at 07:50 PM by Howard Bashman


"New opinion -- student-athletes showing concussion signs have a right to be protected": At his "CA3blog," Matthew Stiegler has this thoughtful post about a ruling that the U.S. Court of Appeals for the Third Circuit issued today.

As noted in earlier posts that you can access here and here, I briefed and argued the appeal as appellate counsel for plaintiffs-appellants.
Posted at 07:25 PM by Howard Bashman



"11th Circ. to Texas Supreme Court: When does clock start for personal injury lawsuits?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post, in which this "How Appealing" post from last night is mentioned.
Posted at 07:15 PM by Howard Bashman


"Some misguided defenses of Sen. Feinstein's questioning of judicial nominee": Rick Garnett has this post at "PrawfsBlawg."
Posted at 09:12 AM by Howard Bashman


"Justice Ginsburg surprise speaker at Jewish new year service": Jessica Gresko of The Associated Press has this report.
Posted at 09:10 AM by Howard Bashman


"Masterpiece Cakeshop and the Effort To Rewrite Smith and its Progeny": Jim Oleske has this post at the "Take Care" blog.
Posted at 09:06 AM by Howard Bashman


"Memorial Ceremony for Judge John T. Noonan": The U.S. Court of Appeals for the Ninth Circuit has posted this video on YouTube. Justice Anthony M. Kennedy participated in the memorial ceremony.
Posted at 09:04 AM by Howard Bashman


"The Textual Argument That the President Does Not Hold an 'Office Under the United States'": Asher Steinberg has this post at his blog, "The Narrowest Grounds."
Posted at 09:00 AM by Howard Bashman


Wednesday, September 20, 2017

The Eleventh Circuit has certified a question to the Supreme Court of Texas: You can access today's per curiam ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.

Under Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc), the Eleventh Circuit can do this because it was once a part of the U.S. Court of Appeals for the Fifth Circuit.*

______________________________
*Emails from readers suggest that the lame attempt at appellate humor found in the second paragraph of this post has fallen flat, at least outside of the Eleventh Circuit.
Posted at 11:07 PM by Howard Bashman



"Antonin Scalia, Legal Educator": Adam J. White has this article in the Fall 2017 issue of National Affairs.
Posted at 10:50 PM by Howard Bashman


"Justice Ruth Bader Ginsburg Remarks at Georgetown Law: Supreme Court Justice Ruth Bader Ginsburg spoke to first year law students at Georgetown Law Center on a variety of legal topics." C-SPAN has posted at this link the video of this event from earlier today.

And at the "Reliable Source" blog of The Washington Post, Emily Heil has an entry titled "Tiffany Trump attends a law school lecture by Ruth Bader Ginsburg."
Posted at 10:30 PM by Howard Bashman



"Allison Eid on course to replace Neil Gorsuch on federal appeals court after tussle with Senate panel; Democrats push Colorado Supreme Court justice on civil liberties during confirmation hearing": Mark K. Matthews of The Denver Post has this report.

And Alex Swoyer of The Washington Times reports that "Replacement for Gorsuch cruises through Senate Judiciary Committee hearing."
Posted at 10:22 PM by Howard Bashman



"In the long run, class actions may not be the best way to redress data breaches": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 10:18 PM by Howard Bashman


"Montana must rewrite transgender bathroom ballot description": Amy Beth Hanson of The Associated Press has this report on an order that the Supreme Court of Montana issued yesterday.
Posted at 10:14 PM by Howard Bashman


"Two Men, Senator Mike Lee's Brother, And Hopefully A Baby: Here's hoping we don't need SCOTUS to get involved." Ellen Trachman has this post at "Above the Law."
Posted at 05:02 PM by Howard Bashman


"The Obvious Irony of Chemerinsky on Barrett and Feinstein": Paul Horwitz has this post at "PrawfsBlawg."
Posted at 04:58 PM by Howard Bashman


"'Preposterous' Stonewalling By Judicial Nominees Makes a Mockery of Confirmation Hearings": Dan Froomkin has this guest post at "ACSBlog."
Posted at 04:55 PM by Howard Bashman


"The Constitution Is Passing the Trump Stress Test: Congress and the courts are doing their jobs so far to pull back the president from his worst threats." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 04:52 PM by Howard Bashman


"Can companies block employees' class-action lawsuits? The Supreme Court will hear the labour dispute on October 2nd, the first day of the justices' new term." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 04:12 PM by Howard Bashman


"Justice Allison Eid -- Nominee for the U.S. Court of Appeals for the Tenth Circuit": Harsh Voruganti has this post at his blog, "The Vetting Room."
Posted at 11:12 AM by Howard Bashman


"Voluntary Integration Decisions Take Center Stage in Debate over Eighth Circuit Judicial Nomination": Derek Black has this post at the "Education Law Prof Blog."
Posted at 11:06 AM by Howard Bashman


"Longtime 6th Circuit appeals court judge from Ohio will take senior status": Eric Heisig of The Cleveland Plain Dealer has an article that begins, "Longtime 6th U.S. Circuit Court of Appeals Judge Alice Batchelder has decided to take senior status, opening up another seat for President Donald Trump to fill on the Cincinnati-based appellate court."
Posted at 11:00 AM by Howard Bashman


"Trump judicial nominee said transgender children are part of 'Satan's plan,' defended 'conversion therapy'": Chris Massie and Andrew Kaczynski of CNN.com have this report.
Posted at 10:50 AM by Howard Bashman


"New Filings in the Emoluments Clause Litigation": Josh Blackman has this blog post today, responding to a post that Jed Shugerman had at the "Take Care" blog late last month titled "Questions about the Emoluments Amicus Brief on Behalf of Trump."
Posted at 10:44 AM by Howard Bashman


View today's Senate Judiciary Committee hearing to consider the nomination of Colorado Supreme Court Justice Allison H. Eid to the U.S. Court of Appeals for the Tenth Circuit: Live now via this link.

And Mark K. Matthews of The Denver Post has an article headlined "A look at Colorado's Allison Eid, whose record bends to Trump's conservatism, as her U.S. appeals court nomination goes to Senate; The 12-year justice on the Colorado Supreme Court is expected to face a smooth path to replace Neil Gorsuch."
Posted at 10:24 AM by Howard Bashman



Tuesday, September 19, 2017

"Can White House counsel McGahn claim client privilege in Mueller probe?": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 11:28 PM by Howard Bashman


"Faced With Careful Criticism, Law Professor Just Calls His Critics Stupid; Law professor says critics can't 'read, analyze, and act'": Joe Patrice has this post at "Above the Law."

And in a related entry at "Above the Law," LawProfBlawg has a post titled "Advice From A Law Professor On How To Write An Op-Ed; Some tips so that your op-ed doesn't cause you or your readers undue heartburn."
Posted at 11:24 PM by Howard Bashman



"Appeals court upholds Seattle police policy on using force; The panel held that the city has a significant interest in regulating the use of guns by police officers, and the policy does not restrict the officers' Second Amendment rights": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:18 PM by Howard Bashman


"Time to Protect Our Democracy: Anthony Kennedy should follow Byron White's guidance and strike down partisan gerrymandering." Law professor Palma Joy Strand has this jurisprudence essay online at Slate.
Posted at 11:06 PM by Howard Bashman


"Justices could avoid issuing verdict on Trump travel ban": Mark Sherman of The Associated Press has this report.
Posted at 10:56 PM by Howard Bashman


"Another Garcia cellmate comes forward with information on Markel": Karl Etters of The Tallahassee Democrat has this report.
Posted at 10:52 PM by Howard Bashman


"My Supreme Court Debut: A 1st Time For Everything." Lindsay Harrison has this essay online at Law360.com.
Posted at 10:05 PM by Howard Bashman


"'Dirty secret' of Oregon jury system could go before U.S. Supreme Court": Shane Dixon Kavanaugh of The Oregonian has this report.
Posted at 09:50 PM by Howard Bashman


"Judge Kravitch remembered as 'national treasure'": Bill Rankin of The Atlanta Journal-Constitution has this report.
Posted at 07:14 PM by Howard Bashman


"Political Drama In Texas Has Left Trump Struggling To Fill Court Seats": Zoe Tillman of BuzzFeed News has this report.
Posted at 06:14 PM by Howard Bashman


"Justice Delayed: 10 Years in Jail, but Still Awaiting Trial." Serge F. Kovaleski has this front page article in today's edition of The New York Times.
Posted at 05:30 PM by Howard Bashman


"Lead Yourself First: An Interview With Judge Raymond M. Kethledge; Enjoy these insights and career advice from a prominent judge (and possible Supreme Court justice)." David Lat has this post at "Above the Law."
Posted at 05:22 PM by Howard Bashman


"Arizona court: Same-sex spouse has parental rights over ex-wife's biological child." Howard Fischer of The Arizona Daily Star has an article that begins, "The spouse of a gay Tucson woman who has given birth is entitled to the same parental rights as if she had been a man, even when they're not 'biologically related' to the child, the Arizona Supreme Court ruled today."

You can access today's ruling of the Supreme Court of Arizona at this link.
Posted at 04:12 PM by Howard Bashman



"Black Robes and Crystal Balls: Supreme Court justices like to predict the future; They aren't very good at it." Mark Joseph Stern has this essay online at Slate.
Posted at 02:18 PM by Howard Bashman


"U.S. appeals court blocks San Francisco ordinance on soda health warnings": Dan Levine of Reuters has a report that begins, "A U.S. appeals court sided with the beverage industry on Tuesday, granting its request to block a San Francisco ordinance mandating health warnings for soda and other sugary drinks."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:09 PM by Howard Bashman



"Lawsuit over debunked Rolling Stone rape article revived: U.S. court." Jonathan Stempel of Reuters has this report.

Bob Van Voris of Bloomberg News reports that "Defamation Suit Over Rolling Stone Article Is Revived on Appeal."

The Associated Press reports that "Court reinstates lawsuit over debunked Rolling Stone story."

Ben Sisario of The New York Times reports that "Rolling Stone Faces Revived Lawsuit Over Campus Rape Article."

And at the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Appeals Court: Rolling Stone Must Face Defamation Lawsuit Over Rape Story; The 2nd Circuit rules two UVA fraternity members have plausibly made claims how the story was 'of and concerning' them while also accepting a group defamation theory."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:51 PM by Howard Bashman



"Senate confirms Trump pick for solicitor general": The Associated Press has this report.

You can view the official U.S. Senate roll call vote tally at this link.
Posted at 01:42 PM by Howard Bashman



"Court nominee's lack of NM roots prompts concern": Michael Coleman of The Albuquerque Journal recently had an article that begins, "The White House is considering five names to replace retiring Judge Paul Kelly Jr. of Santa Fe on the federal 10th Circuit Court of Appeals -- including one surprise contender who is raising eyebrows in New Mexico's legal community because of his lack of roots and legal experience in the state."

And The Las Cruces (N.M.) Sun-News has an editorial titled "U.S. Circuit Court seat should go to New Mexican."
Posted at 01:34 PM by Howard Bashman



"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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